10 CFR 40.10 - Deliberate misconduct.
(a) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not:
(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or
(2) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.
(c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:
(1) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or
(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.
Title 10 published on 01-Mar-2018 03:52
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 10 CFR Part 40 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-24259 RIN 3150-AK08 NRC-2017-0170 NUCLEAR REGULATORY COMMISSION Final rule. This rule is effective December 15, 2017. The material incorporated by reference was previously approved by the Director of the Federal Register. 10 CFR Parts 2, 9, 40, 50, 61, 71, 73, and 110 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. The amendments include correcting references, an address and a misspelling. The amendments will also make references to persons in one part of the NRC's regulations gender neutral. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-28684 RIN 3150-AJ87 NRC-2016-0229 NUCLEAR REGULATORY COMMISSION Final rule. This rule is effective December 30, 2016. 10 CFR Parts 2, 10, 26, 30, 40, 50, 55, 61, 63, 70, 71, 72, 73, 74, and 100 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. The amendments include correcting a senior NRC management position title; correcting terminology for consistency in NRC regulations; and correcting contact information, references, typographical errors, and misspellings. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-17766 RIN 3150-AH18 NRC-1999-0002, NRC-2001-0012, NRC-2002-0013, NRC-2006-0008, NRC-2008-0200, NRC-2009-0227, and NRC-20 NUCLEAR REGULATORY COMMISSION Rulemaking activities; discontinuation. Effective July 29, 2016, the rulemaking activities discussed in this document are discontinued. 10 CFR Parts 20, 26, 32, 40, 50, 53, 73, 74, and 150 The U.S. Nuclear Regulatory Commission (NRC) is discontinuing eight rulemaking activities. The purpose of this action is to inform members of the public that these rulemaking activities are being discontinued and to provide a brief discussion of the NRC's decision to discontinue them. These rulemaking activities will no longer be reported in the NRC's portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda).
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-30153 RIN 3150-AJ69 NRC-2015-0239 NUCLEAR REGULATORY COMMISSION Final rule. This rule is effective December 31, 2015. 10 CFR Parts 1, 2, 4, 7, 9, 11, 15, 19, 20, 21, 25, 26, 30, 32, 37, 40, 50, 51, 52, 55, 60, 61, 62, 63, 70, 71, 72, 73, 74, 76, 81, 95, 100, 110, 140, 150, 170, and 171 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include renaming the Office of Information Services, renaming the Computer Security Office and removing it as a standalone office, capitalizing the words Tribe, Tribes, and Tribal, correcting a Web site address, correcting a misspelling, removing a submission requirement, correcting an email address, correcting a room number, removing a Federal Register notice requirement, and adding missing information collection references. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-18863 RIN 3150-AJ60 NRC-2015-0105 NUCLEAR REGULATORY COMMISSION Final rule. This rule is effective September 2, 2015. 10 CFR Parts 1, 37, 40, 50, 55, 74, and 75 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating the name and the phone number of the U.S. Government Publishing Office, updating the address for the National Technical Information Service, correcting typographical errors, correcting misspellings, and correcting references. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-06107 RIN NRC-2013-0077 Docket No. s. PRM-50-107 NUCLEAR REGULATORY COMMISSION Petition for rulemaking; consideration in the rulemaking process. The docket for the petition for rulemaking, PRM-50-107, is closed on March 17, 2015. 10 CFR Parts 30, 40, 50, 52, 60, 61, 63, 70, 71, and 72 The U.S. Nuclear Regulatory Commission (NRC) will consider in the rulemaking process the issues raised in a petition for rulemaking (PRM), PRM-50-107, submitted by James Lieberman (the petitioner). The petitioner requested that the NRC amend its regulations to require that all persons seeking NRC approvals provide the NRC with complete and accurate information. Current NRC regulations pertaining to completeness and accuracy of information apply only to NRC licensees and license applicants. The NRC has determined that the issues raised in the PRM have merit and are appropriate for consideration in the rulemaking process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-29664 RIN 3150-AJ46 NRC-2014-0220 NUCLEAR REGULATORY COMMISSION Final rule. This final rule is effective on December 19, 2014. 10 CFR Parts 1, 2, 30, 31, 32, 34, 35, 37, 40, 51, 61, 62, 70, 71, 72, 73, 74, 75, 140, and 150 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to reflect internal organizational changes and conforming amendments. These changes include adding the address for a new NRC building at headquarters, removing references to several committees that no longer exist, adding the Computer Security Office, removing all references to the Office of Federal and State Materials and Environmental Management Programs because that office has merged with the Office of Nuclear Material Safety and Safeguards, and making conforming amendments throughout the regulations to reflect this office merger.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-26595 RIN 3150-AJ35 NRC-2014-0032 NUCLEAR REGULATORY COMMISSION Final rule. This rule is effective on December 10, 2014. 10 CFR Parts 2, 15, 19, 20, 26, 30, 40, 50, 51, 52, 55, 60, 61, 63, 70, 71, 72, 73, and 76 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating the address for the NRC's Public Document Room (PDR), updating a footnote, correcting mathematical errors, correcting references, correcting typographical and grammatical errors, and revising language for clarity and consistency. This final rule also makes changes to the time period by which a Federal agency must refer a debt for collection through offset, and makes conforming changes to the regulations to reflect the transfer of Mississippi to NRC Region IV.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-02570 RIN 3150-AJ27 NRC-2013-0132 NUCLEAR REGULATORY COMMISSION Proposed rule. Submit comments by May 12, 2014. Comments received after this date will be considered if it is practical to do so. However, the NRC is able to ensure consideration only of comments received on or before this date. 10 CFR Parts 2, 30, 40, 50, 52, 60, 61, 63, 70, 71, 72, 76, 110, and 150 The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning deliberate misconduct by licensees and other persons otherwise subject to the NRC's jurisdiction (known as the “Deliberate Misconduct Rule”) and its regulations concerning challenges to immediately effective orders issued by the NRC. This proposed rule would incorporate the concept of “deliberate ignorance” as an additional basis on which to take enforcement action against persons who violate any of the NRC's Deliberate Misconduct Rule provisions. The NRC is also proposing to amend its regulations regarding challenges to the immediate effectiveness of NRC enforcement orders to clarify that the NRC staff has the burden of persuasion in showing that adequate evidence supports the grounds for the order and that immediate effectiveness is warranted and to clarify the authority of the NRC's presiding officer to order live testimony in resolving these challenges.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-01922 RIN 3150-AI61 NRC-2009-0096 and NRC-2013-0195 NUCLEAR REGULATORY COMMISSION Notice of second public meeting on proposed rule and proposed guidance. The second public meeting will be held on February 5, 2014, from 10 a.m. to 5 p.m. (Eastern Standard Time (EST)). 10 CFR Parts 40, 70, 72, 74, and 150 The Nuclear Regulatory Commission (NRC) plans to hold a second public meeting on its proposed rule to amend its regulations for material control and accounting (MC&A) of special nuclear material (SNM) and the associated proposed guidance documents. This will be a continuation of the first public meeting that was held on January 9, 2014. The second public meeting will provide an additional opportunity for interested parties to improve their understanding of the NRC's proposed rule to revise and consolidate the NRC regulations for MC&A of special nuclear material (SNM) and the guidance. The public comment period for the proposed rule and the proposed guidance was previously extended in response to a request by stakeholders, and closes on March 10, 2014.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-01035 RIN Docket No. PRM-50-107 NRC-2013-0077 NUCLEAR REGULATORY COMMISSION Petition for rulemaking; supplement. Submit comments on the supplemental information by April 7, 2014. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. 10 CFR Parts 30, 40, 50, 52, 60, 61, 63, 70, 71, and 72 The U.S. Nuclear Regulatory Commission (NRC) has received a supplement to a petition for rulemaking (PRM) previously filed with the NRC by Mr. James Lieberman (the petitioner) (PRM-50-107). The petitioner originally requested that the NRC expand its regulatory framework for nuclear power reactors to make it a legal obligation for those non-licensees who seek NRC regulatory approvals to be held to the same legal standards for the submittal of complete and accurate information as would a licensee or an applicant for a license. The petitioner requests that the scope of his petition be expanded to encompass the NRC's regulations for radioactive materials, waste disposal, transportation, and spent fuel storage licensees. The NRC requests public comments on the supplement to the petition.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-31200 RIN 3150-AI61 NRC-2009-0096 and NRC-2013-0195 NUCLEAR REGULATORY COMMISSION Notice of rescheduled public meeting and extension of comment period. The public meeting announced at 78 FR 71532 (November 29, 2013) is rescheduled to January 9, 2014. The public comment period announced at 78 FR 67224 and 67225 has been extended from February 18, 2014, to March 10, 2014 10 CFR Parts 40, 70, 72, 74, and 150 The Nuclear Regulatory Commission (NRC) is rescheduling a public meeting that was cancelled due to inclement weather and extending the public comment period for a proposed rule and draft guidance on material control and accounting (MC&A) of special nuclear material (SNM). The public meeting has been rescheduled for January 9, 2014. The public comment period has been extended to March 10, 2014, in response to a request by stakeholders.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-29694 RIN 3150-AJ23 NRC-2013-0019 NUCLEAR REGULATORY COMMISSION Correcting amendments. This rule is effective on December 12, 2013. 10 CFR Parts 40, 50, 52, and 70 The U.S. Nuclear Regulatory Commission (NRC) published a final rule in the Federal Register on June 7, 2013, to make miscellaneous corrections to its regulations. The final rule contained minor errors in grammar, punctuation, and referencing. This document corrects the final rule by amending the sections that contain these errors.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-28698 RIN 3150-AI61 NRC-2009-0096 and NRC-2013-0195 NUCLEAR REGULATORY COMMISSION Notice of public meeting on proposed rule and proposed guidance. The public meeting will be held on December 10, 2013, from 1:00 p.m. to 5:00 p.m. (Eastern Standard Time (EST)). 10 CFR Parts 40, 70, 72, 74, and 150 The U.S. Nuclear Regulatory Commission (NRC) plans to hold a public meeting on its proposed rule to amend its regulations for material control and accounting (MC&A) of special nuclear material (SNM) and the proposed guidance documents that discuss acceptable methods that licensees may use to prepare and implement their MC&A plans and how the NRC will review and inspect these plans.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-25612 RIN 3150-AI61 NRC-2013-0195 Nuclear Regulatory Commission Draft NUREGs; request for comment. Submit comments by February 18, 2014. Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date. 10 CFR Parts 40, 70, 72, 74, and 150 The U.S. Nuclear Regulatory Commission (NRC) is making available for public comment the following draft NUREGs: NUREG-1280, Revision 2, “Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Strategic Special Nuclear Material;” NUREG-2159, “Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Moderate Strategic Significance;” NUREG-1065, Revision 3, “Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Low Strategic Significance;” NUREG-2158 (formerly NUREG/CR-5734), “Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Low Enriched Uranium Enrichment Facilities;” and NUREG/BR-0096, Revision 2, “Instructions and Guidance for Completing Physical Inventory Summary Reports.” The NUREGs support a proposed rule (RIN 3150-AI61; NRC-2009-0096) amending the NRC's MC&A regulations applicable to various types of special nuclear material (SNM). The proposed rule is being published in the Proposed Rule section of this issue of the Federal Register.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-25617 RIN 3150-AI61 NRC-2009-0096 NUCLEAR REGULATORY COMMISSION Proposed rule. Submit comments on the rule by February 18, 2014. Submit comments specific to the information collections aspects of this rule by December 9, 2013. Comments received after these dates will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before these dates. 10 CFR Parts 40, 70, 72, 74, and 150 The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for material control and accounting (MC&A) of special nuclear material (SNM). The goal of this rulemaking is to revise and consolidate the MC&A requirements in order to update, clarify, and strengthen them. The proposed amendments add new requirements that would apply to NRC licensees who are authorized to possess SNM in a quantity greater than 350 grams.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-13539 RIN 3150-AJ23 NRC-2013-0019 NUCLEAR REGULATORY COMMISSION Final rule. This rule is effective on July 8, 2013. 10 CFR Parts 1, 2, 40, 50, 51, 52, 70, 73, and 100 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating the name of its human capital office, correcting and adding missing cross-references, correcting grammatical errors, revising language for clarity and consistency, and specifying metric units. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-13344 RIN 3150-AH15 NRC-2011-0003 NUCLEAR REGULATORY COMMISSION Interim staff guidance; issuance. This interim staff guidance is effective August 27, 2013. 10 CFR Parts 30, 40, 70, 170, and 171 The U.S. Nuclear Regulatory Commission (NRC) is issuing interim staff guidance for implementation of the final rule, Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions (Distribution of Source Material Rule). The Distribution of Source Material Rule amended the NRC's regulations to require that the initial distribution of source material to exempt persons or to general licensees be explicitly authorized by a specific license. The Distribution of Source Material Rule also modified the existing possession and use requirements of the general license for small quantities of source material and revised, clarified, or deleted certain source material exemptions from licensing.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-12570 RIN 3150-AH15 NRC-2009-0084 NUCLEAR REGULATORY COMMISSION Final rule. Effective Date: This final rule is effective on August 27, 2013. 10 CFR Parts 30, 40, 70, 170, and 171 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to require that the initial distribution of source material to exempt persons or to general licensees be explicitly authorized by a specific license, which includes new reporting requirements. The rule is intended to provide the NRC with timely information on the types and quantities of source material distributed for use either under exemption or by general licensees. In addition, the rule modifies the existing possession and use requirements of the general license for small quantities of source material to better align the requirements with current health and safety standards. Finally, the rule revises, clarifies, or deletes certain source material exemptions from licensing to make the exemptions more risk informed. This rule affects manufacturers and distributors of certain products and materials containing source material and certain persons using source material under general license and under exemptions from licensing.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-31705 RIN 3150-AI55 NRC-2011-0286 NUCLEAR REGULATORY COMMISSION Regulatory guide; issuance. 10 CFR Parts 20, 30, 40, 50, 70, and 72 The U.S. Nuclear Regulatory Commission (NRC) is issuing a new regulatory guide (RG) 4.22, “Decommissioning Planning During Operations.” The guide describes a method that the NRC staff considers acceptable for use by holders of licenses in complying with the NRC's Decommissioning Planning Rule (DPR) (76 FR 35512; June 17, 2011). The DPR went into effect on December 17, 2012, and is intended to minimize the likelihood of new “legacy sites,” which are NRC-licensed facilities with insufficient resources to complete decommissioning activities and termination of a license at the end of operations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-17710 RIN 3150-AH91 NRC-2012-0074 NUCLEAR REGULATORY COMMISSION Interim guidance; request for comment. Submit comments by September 24, 2012. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. 10 CFR Parts 30, 31, 32, 40, and 70 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make requirements for distributors of byproduct material clearer, less prescriptive, and more risk-informed and up to date. The rulemaking also redefines some categories of devices to be used under exemption from licensing requirements, adds explicit provisions regarding the sealed source and device registration process, and adds flexibility to the licensing of users of sealed sources and devices. This action was primarily intended to make licensing processes more efficient and effective. These changes will affect manufacturers and distributors of sources and devices containing byproduct material and future users of some products currently used under a general or specific license. The NRC has prepared interim guidance to address implementation of the final regulations. This document announces the availability of the implementation guidance document for public comment.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-17711 RIN 3150-AH91 NRC-2008-0338 NUCLEAR REGULATORY COMMISSION Final rule. Effective Date: This final rule is effective on October 23, 2012. 10 CFR Parts 30, 31, 32, 40, and 70 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make requirements for distributors of byproduct material clearer, less prescriptive, and more risk-informed and up to date. The Commission is also redefining categories of devices to be used under exemptions, adding explicit provisions regarding the sealed source and device registration process, and adding flexibility to the licensing of users of sealed sources and devices. This action is primarily intended to make licensing processes more efficient and effective. These changes will affect manufacturers and distributors of sources and devices containing byproduct material and future users of some products currently used under a general or specific license.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-17014 RIN NRC-2011-0162 NUCLEAR REGULATORY COMMISSION Notice of public meeting, webinar and opportunity to provide comment. The public meeting and Webinar will be held at the U.S. Nuclear Regulatory Commission, Two White Flint North, Room T-8A01, 11554 Rockville Pike, Rockville, Maryland 20852 on July 12, 2012, from 11:30 a.m. to 4:00 p.m. (EDT). The revised draft guide will be issued by a separate notice that will contain information on submitting written comments. 10 CFR Parts 20, 30, 40, 50, 70, and 72 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is seeking input from the public, licensees, Agreement States, non-Agreement States, and other stakeholders on revised draft regulatory guide (DG) 4014, “Decommissioning Planning During Operations.” This guide describes a method that the NRC staff considers acceptable for use in complying with the NRC's Decommissioning Planning Rule. The NRC will hold a public meeting and concurrent Webinar to facilitate the public's and other stakeholders' comments.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-3522 RIN NRC-2011-0286 NUCLEAR REGULATORY COMMISSION Draft regulatory guide; re-opening of comment period. Submit comments by March 30, 2012. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. 10 CFR Parts 20, 30, 40, 50, 70, and 72 On December 13, 2011 (76 FR 77431), the U.S. Nuclear Regulatory Commission (NRC) re-issued Draft Regulatory Guide, DG-4014, “Decommissioning Planning During Operations” in the Federal Register with a public comment period ending on February 10, 2012. The NRC is re-opening the public comment period for DG-4014 from February 10, 2012 to March 30, 2012. DG-4014 describes a method that the NRC staff considers acceptable for use in complying with the NRC's Decommissioning Planning Rule.