Section 55.40 - Implementation(a) The Commission shall use the criteria in NUREG-1021, "Operator Licensing Examination Standards for Power Reactors," in effect six months before the examination date to prepare the written examinations required by §§ 55.41 and 55.43 and the operating tests required by § 55.45 . The Commission shall also use the criteria in NUREG-1021 to evaluate the written examinations and operating tests prepared by power reactor facility licensees pursuant to paragraph (b) of this section.(b) Power reactor facility licensees may prepare, proctor, and grade the written examinations required by §§ 55.41 and 55.43 and may prepare the operating tests required by § 55.45 , subject to the following conditions:(1) Power reactor facility licensees shall prepare the required examinations and tests in accordance with the criteria in NUREG-1021 as described in paragraph (a) of this section;(2) Pursuant to § 55.49 , power reactor facility licensees shall establish, implement, and maintain procedures to control examination security and integrity;(3) An authorized representative of the power reactor facility licensee shall approve the required examinations and tests before they are submitted to the Commission for review and approval; and(4) Power reactor facility licensees must receive Commission approval of their proposed written examinations and operating tests.(c) In lieu of paragraph (b) of this section and upon written request from a power reactor facility licensee pursuant to § 55.31(a)(3) , the Commission shall, for that facility licensee, prepare, proctor, and grade, the written examinations required by §§ 55.41 and 55.43 and the operating tests required by § 55.45 . In addition, the Commission may exercise its discretion and reject a power reactor facility licensee's determination to elect paragraph (b) of this section, in which case the Commission shall prepare, proctor, and grade the required written examinations and operating tests for that facility licensee.(d) The Commission shall use the criteria in NUREG-1478, "Operator Licensing Examiner Standards for Research and Test Reactors," for all test and research reactors to prepare, proctor, and grade the written examinations required by §§ 55.41 and 55.43 and the operating tests required by § 55.45 for non-power reactor facility licensees.64 FR 19878, Apr. 23, 1999, as amended at 69 FR 76600 , Dec. 22, 2004; 79 FR 66604 , Nov. 10, 2014; 80 FR 45844 , Aug. 3, 2015; 80 FR 74980 , Dec. 1, 2015