[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)]
[Proposed Rules]
[Pages 51835-51844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25494]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 32, 40, 50, 52, 60, 61, 70, 71, 72, 110, and 150

RIN 3150-AF35


Deliberate Misconduct by Unlicensed Persons

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to revise 
its regulations to extend the Deliberate Misconduct Rule to six 
categories of persons: applicants for NRC licenses; applicants for, or 
holders of, certificates of compliance; applicants for, or holders of, 
early site permits, standard design certifications, or combined 
licenses for nuclear power plants; applicants for, or holders of, 
certificates of registration; applicants for, or holders of, quality 
assurance program approvals; and the employees, contractors, 
subcontractors and consultants of the first five categories of persons, 
so that they may be subject to enforcement action for deliberate 
misconduct. Deliberate misconduct may involve providing information 
that is known to be incomplete or inaccurate and in some respect 
material to the NRC, or it may involve conduct that causes or would 
have caused, if not detected, a licensee, certificate holder, or 
applicant to be in violation of any of the Commission's requirements.

DATES: The comment period expires December 18, 1996. Comments received 
after this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or/ before this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. Attn: Docketing and Service 
Branch. Hand deliver comments to 11555 Rockville Pike, Maryland, 
between 7:45 am and 4:15 pm on Federal workdays.

FOR FURTHER INFORMATION CONTACT: Tony DiPalo, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6191, e-mail, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 15, 1991 (56 FR 40664), the Commission adopted changes to 
NRC regulations that established the Deliberate Misconduct Rule found 
at 10 CFR 30.10, 40.10, 50.5, 60.11, 61.9b, 70.10, 72.12, and 110.7b, 
which applies to any licensee or any employee of a licensee; and any 
contractor (including a supplier or consultant), subcontractor, or any 
employee of a contractor or subcontractor, of any licensee. In 
addition, 10 CFR 150.2 makes the rule applicable to persons conducting 
activities under reciprocity in areas of NRC jurisdiction, (see 10 CFR 
150.20). The Deliberate Misconduct Rule placed licensed and unlicensed 
persons on notice that they may be subject to enforcement action for 
deliberate misconduct that causes or would have caused, if not 
detected, a licensee to be in violation of any of the Commission's 
requirements, or for deliberately providing to the NRC, a licensee, or 
contractor, information that is incomplete or inaccurate in some 
respect material to the NRC. The rule also revised the NRC's procedures 
for issuing orders to include persons not licensed by the Commission, 
but who are otherwise subject to the Commission's statutory authority.
    Currently, the Deliberate Misconduct Rule does not apply to:
    (1) Applicants for NRC licenses;
    (2) Applicants for, or holders of, certificates of compliance 
issued under 10 CFR Parts 71 and 72, including those for dry cask 
storage;
    (3) Applicants for, or holders of, early site permits, standard 
design certifications, or combined licenses for nuclear power plants 
issued under 10 CFR Part 52;
    (4) Applicants for, or holders of, certificates of registration 
issued under 10 CFR Parts 30 and 32;
    (5) Applicants for, or holders of, quality assurance program 
approvals issued under 10 CFR Part 71; and
    (6) The employees, contractors, subcontractors, and consultants of 
the first five categories of persons.
    To ensure that these persons are subject to enforcement action for 
wrongdoing under the Deliberate Misconduct Rule, the NRC is proposing 
to extend the rule to them. The Commission's proposed rule would also 
add the Deliberate Misconduct Rule to 10 CFR Parts 52 and 71 where it 
currently does not appear.
    The Commission does not believe that it is necessary to add the 
Deliberate Misconduct Rule to 10 CFR Part 54 because licensees applying 
to renew their operating licenses for nuclear power plants are already 
subject to this rule as licensees under 10 CFR Part 50. Similarly, the 
Commission does not believe that it is necessary to add the Deliberate 
Misconduct Rule to 10 CFR Part 55 because applicants for, and holders 
of, reactor operators licenses are already subject to this rule as 
employees of 10 CFR Part 50 licensees. Moreover, licensed operators are 
subject to all applicable Commission requirements (see 10 CFR 55.53(d)) 
and thus a finding of deliberate misconduct is not required to take 
enforcement action against a licensed reactor operator.

Discussion

    It is important that all information provided to the NRC be 
complete and accurate in all material respects. Section 186 of the 
Atomic Energy Act of 1954, as amended (AEA), underscores this need by 
providing that ``[a] license may be revoked for any material false 
statement in the application or any statement of fact required [by 
statute or regulation]. * * *'' The Commission has promulgated rules 
concerning completeness and accuracy of information that specifically 
apply to information provided to the Commission by a licensee or an 
applicant for a license (see 10 CFR 30.9(a), 40.9(a), 50.9(a), 
60.10(a), 61.9a(a), 70.9(a), 71.7a, 72.11(a), 76.9(a) and 110.7a(a)). 
Similarly, paragraph (b)

[[Page 51836]]

of each of these sections, which deals with notification to the 
Commission of significant safety information, refers to applicants as 
well as licensees. Violation of these provisions can result in denial 
of the license application, civil enforcement action against a 
licensee, or, if appropriate, referral to the Department of Justice for 
consideration for criminal prosecution.
    The Deliberate Misconduct Rule permits the NRC to take individual 
action, such as issuing an order, against an individual who 
deliberately provides information that the individual knows to be 
incomplete or inaccurate. However, when the Deliberate Misconduct Rule 
was promulgated, it did not address applicants for licenses, applicants 
for, and holders of, certificates of compliance or certificates of 
registration, applicants for, and holders of, early site permits, 
certified designs and combined licenses, and applicants for, and 
holders of, quality assurance program approvals.
    Incomplete or inaccurate information has potential safety 
significance, whether submitted before or after a license, certificate, 
permit, or approval has been issued. The Commission has clearly 
emphasized the importance of applications containing accurate 
information; e.g., ``[The Commission] cannot overstate the importance 
of a licensee's or an applicant's duty to provide the Commission with 
accurate information.'' Randall C. Orem. D.O., CLI-93-14, 37 NRC 423 
(1993). The Orem case involved a consultant to an applicant for a 
license who provided inaccurate information that was included in the 
license application and the Commission found that information as to the 
status of the facility was material to the licensing decision. Id. at 
428.
    The Commission believes that there may be significant safety 
consequences from the deliberate submission of false or incomplete 
information or other deliberate wrongdoing by an applicant for a 
license or other unlicensed persons proposed to be covered by this 
modification to the Deliberate Misconduct Rule. For example, a spent 
fuel cask that is certified by the NRC on the basis of falsified test 
data could represent a threat to public health and safety. Similarly, a 
quality assurance program that is submitted to the NRC for approval but 
is supported by deliberately falsified data that mask a significant 
defect could also be a public health and safety threat. Under the 
present Deliberate Misconduct Rule, a certificate holder who obtained a 
certificate by deliberate submittal of false information could escape 
individual NRC enforcement action because the deliberate misconduct may 
not have put an ``NRC licensee'' in violation. To effectively exercise 
its authority under the AEA, the Commission needs to prevent or 
otherwise deter the deliberate submittal of materially false or 
inaccurate information by those entities not currently covered by the 
rule. The NRC knows of no reason why the rule should not apply to 
persons who deliberately submit materially incomplete or inaccurate 
information, whether such submittal is by or on behalf of an applicant, 
or by or on behalf of a holder of a license, certificate, permit, or 
approval.
    The Commission proposes to modify the Deliberate Misconduct Rule 
each place it appears in 10 CFR Chapter I to make the rule apply to 
applicants for NRC licenses; to applicants for, and holders of, 
certificates of compliance issued under 10 CFR Parts 71 and 72; to 
applicants for, and holders of, early site permits, certified designs, 
and combined licenses for nuclear power plants issued under 10 CFR Part 
52; to applicants for, and holders of, certificates of registration 
issued under Parts 30 and 32; and to applicants for, and holders of, 
quality assurance program approvals issued under Part 71; and to the 
employees, contractors, subcontractors and consultants of all the above 
categories of persons. This would include, for example, a consultant 
engaged by an applicant to prepare a license application for such 
activities as radiography, well logging, irradiation, and teletherapy. 
It would also apply to a consultant preparing an application for a 
certificate for a spent fuel cask, or individuals conducting 
performance tests to support such an application.
    The proposed revisions to the Deliberate Misconduct Rule would 
appear in 10 CFR 30.10, 40.10, 50.5, 60.11, 61.9b, 70.10, 72.12, and 
110.7b. Section 71.11 would be added to incorporate the rule in Part 71 
and Sec. 52.10 would be added to incorporate the rule in 10 CFR Part 
52. In addition, 10 CFR 150.2 and 10 CFR 32.1(b) would be revised to 
incorporate the proposed changes. The scope provisions found in 10 CFR 
30.1, 40.2, 50.1, 52.1, 60.1, 61.1(c), 70.2, 71.0, 72.2, and 110.1(a) 
would also be modified to reflect these revisions to the rule. The 
Commission would make a minor language change by altering the phrase 
``but for detection'' to ``if not detected'' where the phrase appears 
in each rule, but intends no substantive change by this revision. 
Having this enforcement authority available will help the NRC pursue 
redress in cases of deliberate misconduct by unlicensed persons acting 
within the scope of the Commission's jurisdiction and may deter such 
behavior as well.
    This rulemaking extending the Deliberate Misconduct Rule to 
applicants for NRC licenses; applicants for, and holders of, 
certificates of compliance issued under 10 CFR Parts 71 and 72; 
applicants for, and holders of, early site permits, standard design 
certifications, or combined licenses for nuclear power plants issued 
under 10 CFR Part 52; applicants for, and holders of, certificates of 
registration issued under 10 CFR Parts 30 and 32; and applicants for, 
and holders of, quality assurance program approvals issued under 10 CFR 
Part 71; and to the employees, contractors, subcontractors and 
consultants of all the above categories of persons, implements the 
Commission's authority under the AEA to issue regulations and orders to 
any person (defined in section 11s of the AEA to include, e.g., an 
individual, corporation, firm, or a Federal, State, or local agency) 
who engages in conduct affecting activities within the Commission's 
subject matter jurisdiction.
    In brief, section 161i of the AEA provides broad authority to issue 
regulations and orders as the Commission deems necessary to govern any 
activity authorized pursuant to the AEA in order to protect public 
health and safety. Section 161b of the AEA similarly authorizes the 
Commission to issue regulations and orders to impose ``standards and 
instructions'' on persons to govern the possession and use of special 
nuclear material, source material, and byproduct material, as may be 
necessary or desirable to provide for the common defense and security 
and protect public health and safety. Section 234 of the AEA authorizes 
the NRC to impose civil penalties on certain unlicensed persons for 
violating the NRC's substantive requirements. Section 234a of the AEA 
(as amended by section 3116, Title III of the Omnibus Appropriations 
Act of 1996, April 28, 1996) reads as follows:

    Any person who (1) violates any licensing or certification 
provision of sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 
109, or 1701 of any rule, regulation, or order issued thereunder, or 
any term, condition, or limitation of any license or certification 
issued thereunder, or (2) commits any violation for which a license 
may be revoked under section 186, shall be subject to a civil 
penalty, to be imposed by the Commission, of not to exceed $100,000 
for each such violation.

    The licensing provisions listed in section 234a generally prohibit 
the

[[Page 51837]]

possession, use, receipt, or transfer of nuclear materials or 
facilities unless authorized by and in accordance with a license.
    The proposed changes are made under the authority of sections 161b 
and i and the above-identified licensing and certification provisions 
in section 234. The changes apply to any person who engages in 
deliberate misconduct, or who deliberately submits materially 
incomplete or inaccurate information, as provided in the rule. By 
imposing a direct prohibition on unlicensed persons, the Commission may 
be able to exercise its section 234 authority to impose civil penalties 
on unlicensed persons who deliberately cause a licensee, applicant, or 
permit or certificate holder to be in violation of requirements because 
they are persons who violate the licensing provisions enumerated in 
section 234. In cases when the Commission issues an order (other than 
an order imposing a civil penalty) to a person based on deliberate 
misconduct that causes a licensee, applicant, or permit or certificate 
holder to be in violation of a Commission requirement, the order would 
be issued in part pursuant to a regulation (e.g., Sec. 30.10) that was 
promulgated under a licensing provision of the AEA. A civil penalty 
could be available for violations of such an order. In addition, 
criminal sanctions under section 223 of the AEA are available for 
willful violations of orders and regulations issued under sections 161b 
and i. Injunctions are also available under section 232 of the AEA for 
violations of Commission orders.

Electronic Access

    Comments may be submitted electronically, in either ASCII text or 
WordPerfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be 
accessed using a personal computer, a modem, and one of the commonly 
available communications software packages, or directly via Internet. 
Background documents on the rulemaking are also available, as 
practical, for downloading and viewing on the bulletin board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll-free 
number (800) 303-9672. Communication software parameters should be set 
as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
Guides'' particularly helpful. Many NRC subsystems and data bases also 
have a ``Help/Information Center'' option that is tailored to the 
particular subsystem.
    The NRC subsystem on FedWorld can also be accessed by a directly 
dialed phone number for the main FedWorld BBS, (703) 321-3339, or by 
using Telnet via Internet: fedworld.gov. If using (703) 321-3339 to 
contact FedWorld, the NRC subsystem will be accessed from the main 
FedWorld menu by selecting the ``Regulatory, Government Administration 
and State Systems,'' then selecting ``Regulatory Information Mall.'' At 
that point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FedWorld command line. If you access NRC from FedWorld's main 
menu, you may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC Online Main Menu. However, if you access 
NRC at FedWorld by using NRC's toll-free number, you will have full 
access to all NRC systems, but you will not have access to the main 
FedWorld system.
    If you contact FedWorld using Telnet, you will see the NRC area and 
menus, including the Rules Menu. Although you will be able to download 
documents and leave messages, you will not be able to write comments or 
upload files (comments). If you contact FedWorld using FTP, all files 
can be accessed and downloaded but uploads are not allowed; all you 
will see is a list of files without descriptions (normal Gopher look). 
An index file listing all files within a subdirectory, with 
descriptions, is available. There is a 15-minute time limit for FTP 
access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP, that mode only provides access for downloading files and does 
not display the NRC Rules Menu.
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555-
0001, telephone (301) 415-5780; e-mail AXD[email protected].
    Certain documents related to this rulemaking, including comments 
received, may be examined at the NRC Public Document Room, 2120 L 
Street NW. (Lower Level), Washington, DC. These same documents may also 
be viewed and downloaded electronically via the Electronic Bulletin 
Board established by NRC for this rulemaking as indicated in the 
Supplementary Information section.

Compatibility of Agreement State Regulations

    This rule is designated a Division-3 matter of compatibility with 
respect to Agreement State regulations because it deals with 
enforcement actions such as the issuance of orders and civil penalties 
to unlicensed persons for deliberate misconduct. In addition to license 
applicants, these changes expand applicability of the rule to include 
persons such as certificate holders and quality assurance program 
approval holders. Such actions are addressed individually by States 
through each State's administrative code. Division-3 regulations are 
appropriate for Agreement States to adopt, but do not require any 
degree of uniformity between the NRC and Agreement State rules. 
Agreement States are not required to adopt the regulatory approach 
identified in Division-3 regulations.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this proposed rule relates to 
enforcement matters and, therefore, falls within the scope of 10 CFR 
51.10(d). Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement

    This proposed rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501, et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval numbers 3150-0017, 3150-0151, 
3150-0127, 3150-0135, 3150-0009, 3150-0132, 3150-0036, and 3150-0032.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Regulatory Analysis

    The NRC has statutory authority to issue enforcement actions 
against unlicensed persons whose deliberate misconduct causes a 
licensee or a certificate holder or an applicant for a license or 
certificate to be in violation of the Commission's requirements. On 
August 15, 1991 (56 FR 40664) the NRC promulgated the Deliberate 
Misconduct Rule which put licensed and unlicensed persons on notice 
that they may be subject to enforcement action for

[[Page 51838]]

deliberate misconduct that causes or, if not detected, would cause a 
licensee to be in violation of any of the Commission's requirements or 
for deliberately providing to the NRC, a licensee, or a contractor 
information that is incomplete or inaccurate in some respect material 
to the NRC. However, the Deliberate Misconduct Rule does not 
specifically apply to:
    (1) Applicants for NRC licenses;
    (2) Applicants for, and holders of, certificates of compliance 
issued under 10 CFR Parts 71 and 72;
    (3) Applicants for, and holders of, early site permits, standard 
design certifications, or combined licenses for nuclear power plants 
issued under 10 CFR Part 52;
    (4) Applicants for, and holders of, certificates of registration 
issued under 10 CFR Parts 30 and 32;
    (5) Applicants for, and holders of, quality assurance program 
approvals issued under 10 CFR Part 71; and
    (6) The employees, contractors, subcontractors and consultants of 
the first five categories of persons.
    On November 29, 1991, the NRC staff issued an Order Revoking 
License to Dr. Randall C. Orem after the NRC staff learned that 
information in his license application was false and that the 
application had been prepared by a consultant who had provided the 
false information. See Randall C. Orem, D.O., CLI-93-14, 37 NRC 423 
(1993). In this case, the NRC staff realized that under the provisions 
of the existing Deliberate Misconduct Rule, it was unable to take 
additional enforcement action against Dr. Orem and was precluded from 
taking enforcement action against the consultant because the consultant 
was working for an applicant rather than for a licensee. Subsequently, 
the Commission realized that other categories of persons within NRC 
jurisdiction had not been explicitly included within the Deliberate 
Misconduct Rule; e.g., certificate holders under 10 CFR Parts 71 and 72 
and holders of early site permits, certified design certifications and 
combined licenses under 10 CFR Part 52.
    The Commission believes that there may be significant safety 
consequences from the deliberate submission of false or incomplete 
information or other deliberate wrongdoing by an applicant for a 
license or other unlicensed persons proposed to be covered by this 
modification to the Deliberate Misconduct Rule. For example, a spent 
fuel cask that is certified by the NRC on the basis of falsified test 
data could represent a threat to public health and safety. Similarly, a 
quality assurance program that is submitted to the NRC for approval but 
is supported by deliberately falsified data that mask a significant 
defect could also be a public health and safety threat. The potential 
for injury is serious. The NRC knows of no reason why the Deliberate 
Misconduct Rule should not apply to persons who deliberately submit 
materially incomplete or inaccurate information, whether that submittal 
is by or on behalf of an applicant, or by or on behalf of a holder of a 
license, certificate, permit, or approval.
    The objective of the rule is to explicitly put those persons 
encompassed by this modification of the Deliberate Misconduct Rule on 
notice that enforcement action may be taken against them for deliberate 
misconduct or deliberate submission of incomplete or inaccurate 
information, in relation to NRC licensed activities. Under section 234 
of the Atomic Energy Act, the Commission may impose civil penalties on 
any person who violates any rule, regulation, or order issued under any 
one of the enumerated provisions of the Act, or who commits a violation 
for which a license may be revoked. The enforcement actions that may be 
taken, including orders limiting activities of wrongdoers in the future 
and civil penalties, will serve as a deterrent to others throughout the 
industry.
    The NRC's available alternatives are to promulgate a modification 
of the Deliberate Misconduct Rule, as is proposed herein, or do 
nothing. Because a case has already occurred where the NRC was 
precluded from taking appropriate enforcement action against a 
consultant to an applicant and there was potential harm to the public, 
the alternative of doing nothing was rejected. The benefits of taking 
enforcement action are similar to those of taking action against 
licensed entities in that a civil penalty and attendant adverse 
publicity encourage future compliance. The Notice of Violation calls 
for a precise response regarding the corrective action taken. An 
enforcement order, if obeyed, will directly control the involvement of 
an individual in a licensed activity. The effect of having these 
options available in the enforcement program should reduce the 
probability of repetitive violations by wrongdoers.
    The NRC does not anticipate that additional investigations will be 
necessary to implement the rule because it focuses on the results of 
investigations. Based on experience, the NRC expects fewer than 10 
additional cases per year to result in enforcement action being taken 
against unlicensed individuals. The cost of preparing and publishing 
the additional actions beyond the current workload is not significant.
    The proposed amendments to the Deliberate Misconduct Rule 
constitute the preferred course of action. The cost involved in its 
promulgation and application is necessary and appropriate. The 
foregoing discussion constitutes the regulatory analysis for this rule.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this proposed rule, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities. The proposed rule would put: (1) applicants for NRC 
licenses; (2) applicants for, and holders of, certificates of 
compliance issued under 10 CFR Parts 71 and 72, including those for dry 
cask storage; (3) applicants for, and holders of, early site permits, 
standard design certifications, or combined licenses issued under 10 
CFR Part 52; (4) applicants for, and holders of, certificates of 
registration issued under 10 CFR Parts 30 and 32; (5) applicants for, 
and holders of, quality assurance program approvals issued under 10 CFR 
Part 71; and (6) the employees, contractors, subcontractors and 
consultants of the first five categories of persons on notice that they 
are subject to the Deliberate Misconduct Rule and, therefore, are 
subject to civil enforcement action if they deliberately cause a 
licensee, certificate holder, or an applicant for a license or 
certificate to be in violation of NRC requirements. The proposed rule, 
by itself, would not impose any additional obligations on entities that 
may fall within the definition of ``small entities'' as set forth in 
Section 601(3) of the Regulatory Flexibility Act; or within the 
definition of ``small business'' as found in Section 3 of the Small 
Business Act, 15 U.S.C. 632; or within the size standards adopted by 
the NRC on April 11, 1995 (60 FR 18344).

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule and, therefore, a backfit analysis is 
not required for this proposed rule because these amendments do not 
involve any provisions that would impose backfits as defined in 10 CFR 
50.109(a)(1).

[[Page 51839]]

List of Subjects

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

10 CFR Part 52

    Administrative practice and procedure, Antitrust, Backfitting, 
Combined license, Early site permit, Emergency planning, Fees, 
Inspection, Limited work authorization, Nuclear power plants and 
reactors, Probabilistic risk assessment, Prototype, Reactor siting 
criteria, Redress of site, Reporting and recordkeeping requirements, 
Standard design, Standard design certification.

10 CFR Part 60

    Criminal penalties, High-level waste, Nuclear power plants and 
reactors, Nuclear materials, Reporting and recordkeeping requirements, 
Waste treatment and disposal.

10 CFR Part 61

    Criminal penalties, Low-level waste, Nuclear materials, Reporting 
and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 70

    Criminal penalties, Hazardous materials transportation, Material 
control and accounting, Nuclear materials, Packaging and containers, 
Radiation protection, Reporting and recordkeeping requirements, 
Scientific equipment, Security measures, Special nuclear material.

10 CFR Part 71

    Criminal penalties, Hazardous materials transportation, Nuclear 
materials, Packaging and containers, Reporting and recordkeeping 
requirements.

10 CFR Part 72

    Manpower training programs, Nuclear materials, Occupational safety 
and health, Reporting and recordkeeping requirements, Security 
measures, Spent fuel.

10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Export, Import, Intergovernmental relations, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Scientific equipment.

10 CFR Part 150

    Criminal penalties, Hazardous materials transportation, 
Intergovernmental relations, Nuclear materials, Reporting and 
recordkeeping requirements, Security measures, Source material, Special 
nuclear material.
    For the reasons stated in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to 
adopt the following amendments to 10 CFR Parts 30, 32, 40, 50, 52, 60, 
61, 70, 71, 72, 110, and 150.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 
BYPRODUCT MATERIAL

    1. The authority citation for Part 30 continues to read as follows:

    Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846).

    Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
    2. Section 30.1 is revised to read as follows:


Sec. 30.1  Scope.

    This part prescribes rules applicable to all persons in the United 
States governing domestic licensing of byproduct material under the 
Atomic Energy Act of 1954, as amended (68 Stat. 919), and under title 
II of the Energy Reorganization Act of 1974 (88 Stat. 1242), and 
exemptions from the domestic licensing requirements permitted by 
section 81 of the Act. This part also gives notice to all persons who 
knowingly provide to any licensee, applicant, certificate of 
registration holder, contractor, or subcontractor, components, 
equipment, materials, or other goods or services, that relate to a 
licensee's, applicant's or certificate of registration holder's 
activities subject to this part, that they may be individually subject 
to NRC enforcement action for violation of Sec. 30.10.
    3. Section 30.10 is revised to read as follows:


Sec. 30.10  Deliberate misconduct.

    (a) Any licensee, certificate of registration holder, applicant for 
a license or certificate of registration, employee of a licensee, 
certificate of registration holder 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 
or certificate of registration, who knowingly provides to any licensee, 
applicant, certificate holder, contractor, or subcontractor, any 
components, equipment, materials, or other goods or services that 
relate to a licensee's, certificate holder'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, certificate of registration 
holder, 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, certificate of 
registration holder, an applicant, or a licensee's, certificate 
holder'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, certificate of registration holder or 
applicant to be in violation of any rule, regulation, or order; or any 
term, condition, or

[[Page 51840]]

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, 
certificate of registration holder, applicant, contractor, or 
subcontractor.

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

    4. The authority citation for Part 32 continues to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841).

    5. Section 32.1(b) is revised to read as follows:


Sec. 32.1  Purpose and scope.

* * * * *
    (b) The provisions and requirements of this part are in addition 
to, and not in substitution for, other requirements of this chapter. In 
particular, the provisions of Part 30 of this chapter apply to 
applications, licenses, and certificates of registration subject to 
this part.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    6. The authority citation for Part 40 continues to read as follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95 604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, 
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 
97-415, 96 Stat. 2067 (42 U.S.C. 2022).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec 2902, 106 Stat. 3123, (42 
U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 
939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    7. Section 40.2 is revised to read as follows:


Sec. 40.2  Scope.

    Except as provided in Secs. 40.11 to 40.14, inclusive, the 
regulations in this part apply to all persons in the United States. 
This part also gives notice to all persons who knowingly provide to any 
licensee, applicant, contractor, or subcontractor, components, 
equipment, materials, or other goods or services, that relate to a 
licensee's or applicant's activities subject to this part, that they 
may be individually subject to NRC enforcement action for violation of 
Sec. 40.10.
    8. Section 40.10 is revised to read as follows:


Sec. 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.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    9. The authority citation for Part 50 continues to read as follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat 3123, (42 
U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C 2237).
    10. Section 50.1 is revised to read as follows:


Sec. 50.1  Basis, purpose, and procedures applicable.

    The regulations in this part are promulgated by the Nuclear 
Regulatory Commission pursuant to the Atomic Energy Act of 1954, as 
amended (68 Stat. 919), and Title II of the Energy Reorganization Act 
of 1974 (88 Stat. 1242), to provide for the licensing of production and 
utilization facilities. This part also gives notice to all persons who 
knowingly provide to any licensee, applicant, contractor, or 
subcontractor, components, equipment, materials, or other goods or 
services, that relate to a licensee's or applicant's activities subject 
to this part, that they may be individually subject to NRC enforcement 
action for violation of Sec. 50.5.
    11. Section 50.5 is revised to read as follows:


Sec. 50.5  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

[[Page 51841]]

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.

PART 52--EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND 
COMBINED LICENSES FOR NUCLEAR POWER PLANTS

    12. The authority citation for Part 52 continues to read as 
follows:

    Authority: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat. 
936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, 
as amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); 
secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 
U.S.C. 5841, 5842, 5846).

    13. Section 52.1 is revised to read as follows:


Sec. 52.1  Scope.

    This part governs the issuance of early site permits, standard 
design certifications, and combined licenses for nuclear power 
facilities licensed under section 103 or 104b of the Atomic Energy Act 
of 1954, as amended (68 Stat. 919), and Title II of the Energy 
Reorganization Act of 1974 (88 Stat. 1242). This part also gives notice 
to all persons who knowingly provide to any holder of or applicant for 
an early site permit, standard design certification, or combined 
license, or to a contractor, subcontractor, or consultant of any of 
them, components, equipment, materials, or other goods or services, 
that relate to the activities of a holder of or applicant for an early 
site permit, standard design certification, or combined license, 
subject to this part, that they may be individually subject to NRC 
enforcement action for violation of Sec. 52.10.
    14. Section 52.9 is added following Sec. 52.8 and reads as follows:


Sec. 52.9  Deliberate misconduct.

    (a) Any holder of, or applicant for, an early site permit, standard 
design certification, or combined license, including its employees, 
contractors, subcontractors, or consultants and their employees, who 
knowingly provides to any holder of, or applicant for, an early site 
permit, standard design certification, or combined license, or to a 
contractor, subcontractor or consultant of any of them, equipment, 
materials, or other goods or services that relate to the activities of 
a holder of, or applicant for, an early site permit, standard design 
certification or combined license in this part, may not:
    (1) Engage in deliberate misconduct that causes or would have 
caused, if not detected, a holder of, or applicant for, an early site 
permit, standard design certification, or combined license, to be in 
violation of any rule, regulation, or order; or any term, condition, or 
limitation of any permit, certification or license issued by the 
Commission; or
    (2) Deliberately submit to the NRC, a holder of, or applicant for, 
an early site permit, standard design certification, or combined 
license, or a contractor, subcontractor, or consultant of any of them 
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 holder of, or applicant for, an early site 
permit, standard design certification, or combined license, 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 holder of, or 
applicant for, an early site permit, certified design or combined 
license, or a contractor or subcontractor of any of them.

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC 
REPOSITORIES

    15. The authority citation for Part 60 continues to read as 
follows:

    Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141) and 
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851).

    16. Section 60.1 is revised to read as follows:


Sec. 60.1  Purpose and scope.

    This part prescribes rules governing the licensing of the U.S. 
Department of Energy to receive and possess source, special nuclear, 
and byproduct material at a geologic repository operations area sited, 
constructed, or operated in accordance with the Nuclear Waste Policy 
Act of 1982. This part does not apply to any activity licensed under 
another part of this chapter. This part also gives notice to all 
persons who knowingly provide to any licensee, applicant, contractor, 
or subcontractor, components, equipment, materials, or other goods or 
services, that relate to a licensee's or applicant's activities subject 
to this part, that they may be individually subject to NRC enforcement 
action for violation of Sec. 60.11.
    17. Section 60.11 is revised to read as follows:


Sec. 60.11  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

[[Page 51842]]

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.

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE 
WASTE

    18. The authority citation for Part 61 continues to read as 
follows:

    Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 
1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec 
2902, 106 Stat. 3123, (42 U.S.C. 5851).
    19. In Sec. 61.1, paragraph (c) is revised to read as follows:


Sec. 61.1  Purpose and scope.

* * * * *
    (c) This part also gives notice to all persons who knowingly 
provide to any licensee, applicant, contractor, or subcontractor, 
components, equipment, materials, or other goods or services, that 
relate to a licensee's or applicant's activities subject to this part, 
that they may be individually subject to NRC enforcement action for 
violation of Sec. 61.9b.
    20. Section 61.9b is revised to read as follows:


Sec. 61.9b  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.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    21. The authority citation for Part 70 continues to read as 
follows:

    Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 
2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, 
as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
    Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 
57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 
and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 
U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under 
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

    22. Section 70.2 is revised to read as follows:


Sec. 70.2  Scope.

    Except as provided in Secs. 70.11 to 70.13, inclusive, the 
regulations in this part apply to all persons in the United States. 
This part also gives notice to all persons who knowingly provide to any 
licensee, applicant, contractor, or subcontractor, components, 
equipment, materials, or other goods or services, that relate to a 
licensee's or applicant's activities subject to this part, that they 
may be individually subject to NRC enforcement action for violation of 
Sec. 70.10.
    23. Section 70.10 is revised to read as follows:


Sec. 70.10  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.

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

    24. The authority citation for Part 71 continues to read as 
follows:

    Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948,

[[Page 51843]]

953, 954, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 
U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233, 2297f); secs. 
201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 
U.S.C. 5841, 5842, 5846).

    Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94 
Stat. 789-790.

    25. Section 71.0 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 71.0  Purpose and scope.

* * * * *
    (f) This part also gives notice to all persons who knowingly 
provide to any licensee, certificate holder, quality assurance program 
approval holder, applicant for a license, certificate, or quality 
assurance program approval or to a contractor, or subcontractor of any 
of them, components, equipment, materials, or other goods or services, 
that relate to a licensee's, certificate holder's, or applicant's 
activities subject to this part, that they may be individually subject 
to NRC enforcement action for violation of Sec. 71.11.
    26. Section 71.11 is added to read as follows:


Sec. 71.11  Deliberate misconduct.

    (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 paragraphs (a)(1) through 
(a)(4) of this section; or
    (6) Employee of any person identified in paragraphs (a)(1) through 
(a)(5) of this section.
    (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) 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) 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, 
applicant, contractor, or subcontractor.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    27. The authority citation for Part 72 continues to read as 
follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, 
Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 131, 132, 133, 
135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 
148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 
10153, 10155, 10157, 10161, 10168).


    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).
    28. Section 72.2 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 72.2  Scope.

* * * * *
    (f) This part also gives notice to all persons who knowingly 
provide to any licensee, certificate holder, applicant for a license or 
certificate, contractor, or subcontractor, components, equipment, 
materials, or other goods or services, that relate to a licensee's, 
certificate holder's, or applicant's activities subject to this part, 
that they may be individually subject to NRC enforcement action for 
violation of Sec. 72.12.
    29. Section 72.12 is revised to read as follows:


Sec. 72.12  Deliberate misconduct.

    (a) Any licensee, certificate holder, applicant for a license or 
certificate, employee of a licensee, certificate holder, or applicant 
for a license or certificate; or any contractor (including a supplier 
or consultant) or subcontractor, employee of a contractor or 
subcontractor of any licensee, certificate holder, or applicant for a 
license or certificate who knowingly provides to any licensee, 
certificate holder, applicant for a license or certificate, contractor, 
or subcontractor, any components, materials, or other goods or services 
that relate to a licensee's, certificate 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 or applicant 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) Deliberately submit to the NRC, a licensee, a certificate 
holder, an applicant for a license or certificate, or a licensee's, 
applicant's, or certificate 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.
    (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

[[Page 51844]]

intentional act or omission that the person knows:
    (1) Would cause a licensee, certificate holder or applicant for a 
license or certificate 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, 
applicant, contractor, or subcontractor.

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

    30. The authority citation for Part 110 continues to read as 
follows:

    Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as 
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; sec 5, 
Pub. L. 101-575, 104 Stat 2835 (42 U.S.C. 2243).

    Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued 
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 
57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued 
under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued 
under sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also 
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). 
Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 
2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. 
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 
110.2 and 110.42 (a)(9) also issued under sec. 903, Pub. L. 102-496 
(42 U.S.C. 2151 et seq.).

    31. Section 110.1 is revised to read as follows:


Sec. 110.1  Purpose and scope.

    (a) The regulations in this part prescribe licensing, enforcement, 
and rulemaking procedures and criteria, under the Atomic Energy Act, 
for the export of nuclear equipment and material, as set out in 
Secs. 110.8 and 110.9, and the import of nuclear equipment and 
material, as set out in Sec. 110.9a. This part also gives notice to all 
persons who knowingly provide to any licensee, applicant, contractor, 
or subcontractor, components, equipment, materials, or other goods or 
services, that relate to a licensee's or applicant's activities subject 
to this part, that they may be individually subject to NRC enforcement 
action for violation of Sec. 110.7b.
    32. Section 110.7b is revised to read as follows:


Sec. 110.7b  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.

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN 
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

    33. The authority citation for Part 150 continues to read as 
follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as 
amended (42 U.S.C. 5841).

    Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, 
Pub.L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 
2282).
    34. Section 150.2 is revised to read as follows:


Sec. 150.2  Scope.

    The regulations in this part apply to all States that have entered 
into agreements with the Commission or the Atomic Energy Commission 
pursuant to subsection 274b of the Act. This part also gives notice to 
all persons who knowingly provide to any licensee, applicant for a 
license or certificate or quality assurance program approval, holder of 
a certificate or quality assurance program approval, contractor, or 
subcontractor, any components, equipment, 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, that they may be individually subject to NRC enforcement 
action for violation of Secs. 30.10, 40.10, 70.10 and 71.11.

    Dated at Rockville, Maryland, this 30th day of September, 1996.

    For the Nuclear Regulatory Commission.
William M. Hill,
Acting Secretary of the Commission.
[FR Doc. 96-25494 Filed 10-3-96; 8:45 am]
BILLING CODE 7590-01-P