10 CFR 71.8, Deliberate Misconduct

Deliberate misconduct

a

(a) This section applies to any--

(1) Licensee;

(2) Certificate holder;

(3) Quality assurance program approval holder;

(4) Applicant for a license, certificate, or quality assurance program approval;

(5) Contractor (including a supplier or consultant) or subcontractor, to any person identified in paragraph (a)(4) of this section; or

(6) Employees of any person identified in paragraphs (a)(1) through (a)(5) of this section.

b

(b) A person identified in paragraph (a) of this section who knowingly provides to any entity, listed in paragraphs (a)(1) through (a)(5) of this section, any components, materials, or other goods or services that relate to a licensee's, certificate holder's, quality assurance program approval holder's, or applicant's activities subject to this part may not:

(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder, quality assurance program approval holder, or any applicant to be in violation of any rule, regulation, or order; or any term, condition or limitation of any license, certificate, or approval issued by the Commission; or

(2) Deliberately submit to the NRC, a licensee, a certificate holder, quality assurance program approval holder, an applicant for a license, certificate or quality assurance program approval, or a licensee's, applicant's, certificate holder's, or quality assurance program approval holder's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.

c

(c) A person who violates paragraph (b)(1) or (b)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.

d

(d) For the purposes of paragraph (b)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:

(1) Would cause a licensee, certificate holder, quality assurance program approval holder, or applicant for a license, certificate, or quality assurance program approval to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license or certificate issued by the Commission; or

(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate holder, quality assurance program approval holder, applicant, or the contractor or subcontractor of any of them.

External Links

NRC website 10 CFR 71.8

v t e Code of Federal Regulations
Title 10 Part 71 - PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
0, General Provisions, Purpose and scope 1, Communications and records 2, Interpretations 3, Requirement for license 4, Definitions 5, Transportation of licensed material 6, Information collection requirements: OMB approval 7, Completeness and accuracy of information 8, Deliberate misconduct 9, Employee protection 10, Public inspection of application 11, Protection of Safeguards Information 12, Exemptions, Specific exemptions 13, Exemption of physicians 14, Exemption for low-level materials 15, Exemption from classification as fissile material 16, 17, General Licenses, General license: NRC-approved package 18, 19, Previously approved package 21, General license: Use of foreign approved package 22, General license: Fissile material 23, General license: Plutonium-beryllium special form material 24, 25, 31, Application for Package Approval, Contents of application 33, Package description 35, Package evaluation 37, Quality assurance 38, Renewal of a certificate of compliance or quality assurance program approval 39, Requirement for additional information 41, Package Approval Standards, Demonstration of compliance 43, General standards for all packages 45, Lifting and tie-down standards for all packages 47, External radiation standards for all packages 51, Additional requirements for Type B packages 53, 55, General requirements for fissile material packages 57, 59, Standards for arrays of fissile material packages 61, Special requirements for Type B packages containing more than 105A2 63, Special requirement for plutonium shipments 64, Special requirements for plutonium air shipments 65, Additional requirements 71, Package, Special Form, and LSA-III Tests^{<a href="#N_2_7171">2</a>}, Normal conditions of transport 73, Hypothetical accident conditions 74, Accident conditions for air transport of plutonium 75, Qualification of special form radioactive material 77, Qualification of LSA-III Material 81, Operating Controls and Procedures, Applicability of operating controls and procedures 83, Assumptions as to unknown properties 85, Preliminary determinations 87, Routine determinations 88, Air transport of plutonium 89, Opening instructions 91, Records 93, Inspection and tests 95, Reports 97, Advance notification of shipment of irradiated reactor fuel and nuclear waste 99, Violations 100, Criminal penalties 101, Quality Assurance, Quality assurance requirements 103, Quality assurance organization 105, Quality assurance program 107, Package design control 109, Procurement document control 111, Instructions, procedures, and drawings 113, Document control 115, Control of purchased material, equipment, and services 117, Identification and control of materials, parts, and components 119, Control of special processes 121, Internal inspection 123, Test control 125, Control of measuring and test equipment 127, Handling, storage, and shipping control 129, Inspection, test, and operating status 131, Nonconforming materials, parts, or components 133, Corrective action 135, Quality assurance records 137, Audits Appendices: 10 CFR 71 Appendix A

10 CFR 71.8, Deliberate Misconduct

a

b

c

d

External Links

Navigation menu

Search