10 CFR 40.10 - Deliberate misconduct. | LII / Legal Information Institute

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§ 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.

[63 FR 1896, Jan. 13, 1998]

Title 10 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 10.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2014-12-19; vol. 79 # 244 - Friday, December 19, 2014

79 FR 75735 - Organizational Changes and Conforming Amendments

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

2014-11-10; vol. 79 # 217 - Monday, November 10, 2014

79 FR 66598 - Miscellaneous Corrections

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2014 - Definitions

§ 2021 - Cooperation with States

§ 2022 - Health and environmental standards for uranium mill tailings

§ 2092 - License requirements for transfers

§ 2093 - Domestic distribution of source material

§ 2094 - Foreign distribution of source material

§ 2095 - Reports

§ 2111 - Domestic distribution

§ 2113 - Ownership and custody of certain byproduct material and disposal sites

§ 2114 - Authorities of Commission respecting certain byproduct material

§ 2152 - Policies contained in international arrangements

§ 2201 - General duties of Commission

§ 2232 - License applications

§ 2233 - Terms of licenses

§ 2234 - Inalienability of licenses

§ 2236 - Revocation of licenses

§ 2237 - Modification of license

§ 2243 - Licensing of uranium enrichment facilities

§ 2282 - Civil penalties

§ 5841 - Establishment and transfers

§ 5842 - Licensing and related regulatory functions respecting selected Administration facilities

§ 5846 - Compliance with safety regulations

§ 5851 - Employee protection

U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS

§ 3504 note - Authority and functions of Director

Statutes at Large

119 Stat. 594

Title 10 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 10 CFR 40 after this date.

2014-12-19; vol. 79 # 244 - Friday, December 19, 2014

79 FR 75735 - Organizational Changes and Conforming Amendments

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

2014-11-10; vol. 79 # 217 - Monday, November 10, 2014

79 FR 66598 - Miscellaneous Corrections

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

2014-02-11; vol. 79 # 28 - Tuesday, February 11, 2014

79 FR 8097 - Deliberate Misconduct Rule and Hearings on Challenges to the Immediate Effectiveness of Orders

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

2014-01-30; vol. 79 # 20 - Thursday, January 30, 2014

79 FR 4825 - Amendments to Material Control and Accounting Regulations and Proposed Guidance for Fuel Cycle Facility Material Control

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

2014-01-21; vol. 79 # 13 - Tuesday, January 21, 2014

79 FR 3328 - Submitting Complete and Accurate Information

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

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10 CFR 40.10 - Deliberate misconduct.

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