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I.EXECUTIVE ORDERS - page 134 / 359

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AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, LR 31:55 (January 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2106 (October 2008).

§1506.Deliberate Misconduct

NOTE: Former §1506 has been repealed.

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.employee of any person identified in Paragraph A.1, 2, 3, 4, or 5 of this Section.

B.A person identified in Subsection A of this Section who knowingly provides to any person listed in Paragraph A.1, 2, 3, 4, or 5 of this Section any component, material, or other goods or services that relate to a licensee's, a certificate holder's, a quality assurance program approval holder's, or an applicant's activities subject to this Chapter may not:

1.engage in deliberate misconduct that causes, or would have caused if not detected, a licensee, a certificate holder, a quality assurance program approval holder, or any applicant to be in violation of any rule, regulation, or order, or of any term, condition, or limitation of any license, certificate, or approval issued by the department; or
2.deliberately submit to the department, or to a licensee, a certificate holder, a quality assurance program approval holder, an applicant for a license, certificate, or quality assurance program approval, or a licensee's, an applicant's, a certificate holder's, or a 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.

C.A person who violates Subsection B of this Section may be subject to enforcement action in accordance with the procedures in LAC 33:XV.108.

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, a certificate holder, a quality assurance program approval holder, or an applicant for a license, certificate, or quality assurance program approval to be in violation of any rule, regulation, or order, or of any term, condition, or limitation of any license or certificate issued by the department; or
2.constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, a certificate holder, a quality assurance program approval holder, an applicant, or the contractor or subcontractor of any of them.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2104.B and 2113.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 34:2107 (October 2008).

§1507.General Licenses for Carriers

Repealed.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2602 (November 2000), repealed by the Office of the Secretary, Legal Affairs Division, LR 34:2107 (October 2008).

§1508.General License: NRC Approved Packages

A.A general license is issued to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance (CoC), or other approval has been issued by the department.

B.This general license applies only to a licensee who:

1.has a quality assurance program approved by the department as satisfying the provisions of 10 CFR Part 71, Subpart H;
2.has a copy of the specific license, certificate of compliance, or other approval of the package and has the drawings and other documents referenced in the approval relating to the use and maintenance of the packaging and to the actions to be taken prior to shipment;
3.complies with the terms and conditions of the license, certificate, or other approval, as applicable, and the applicable requirements of this Chapter; and
4.prior to the licensee's first use of the package, has registered with the U.S. NRC.

C.The general license in this Section applies only when the package approval authorizes use of the package under this general license.

D.For a Type B or fissile material package, the design of which was approved by the U.S. NRC before April 1, 1996, the general license is subject to additional restrictions of 10 CFR 71.19.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1267 (June 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2107 (October 2008).

§1509.General License: DOT Specification Container [Formerly §1510]

NOTE: Former §1509 has been repealed.

A.A general license is issued to any licensee of the department to transport, or to deliver to a carrier for transport, licensed material in a specification container for fissile material or for a Type B quantity of radioactive material as specified in the regulations of the U.S. DOT at 49 CFR Parts 173 and 178.

B.This general license applies only to a licensee who has a quality assurance program approved by the U.S. NRC as satisfying the provisions of 10 CFR Part 71, Subpart H.

C.This general license applies only to a licensee who:

1.has a copy of the specification; and
2.complies with the terms and conditions of the specification and the applicable requirements of this Chapter and of 10 CFR Part 71, Subparts A, G, and H.

D.This general license is subject to the limitation that the specification container may not be used for a shipment to a location outside the United States, except by multilateral approval, as defined in U.S. DOT regulations at

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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