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Notes

10 C.F.R. §§ 4.46–4.49

4 sections in range

§4.46. Means available.

10 C.F.R. § 4.46

If there appears to be a failure or threatened failure to comply with any of the provisions of this subpart, and if the noncompliance or threatened concompliance cannot be corrected by informal means, compliance with this subpart may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include, but are not limited to: (a) A reference to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States (including other titles of the Act), or any assurance or other contractual undertaking, and (b) any applicable proceeding under State or local law.
Notes, amendments, and revision history

Authority

Authority: Atomic Energy Act of 1954, secs. 161, 223, 234, 274 (42 U.S.C. 2201, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 401 (42 U.S.C. 5841, 5891); 29 U.S.C. 794; 42 U.S.C. 12101 et seq.; 44 U.S.C. 3504 note. Subpart A also issued under 42 U.S.C. 2000d through d-7. Subpart B also issued under 29 U.S.C. 706. Subpart C also issued under 42 U.S.C. 6101 through 6107.

Source

Source: 29 FR 19277, Dec. 31, 1964, unless otherwise noted.

§4.47. Noncompliance with § 4.21.

10 C.F.R. § 4.47

If an applicant fails or refuses to furnish an assurance required under § 4.21 or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that section, Federal financial assistance may be refused in accordance with the procedures of § 4.48.
Notes, amendments, and revision history

Amendments

[45 FR 14535, Mar. 6, 1980]

Authority

Authority: Atomic Energy Act of 1954, secs. 161, 223, 234, 274 (42 U.S.C. 2201, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 401 (42 U.S.C. 5841, 5891); 29 U.S.C. 794; 42 U.S.C. 12101 et seq.; 44 U.S.C. 3504 note. Subpart A also issued under 42 U.S.C. 2000d through d-7. Subpart B also issued under 29 U.S.C. 706. Subpart C also issued under 42 U.S.C. 6101 through 6107.

Source

Source: 29 FR 19277, Dec. 31, 1964, unless otherwise noted.

Amendments

[45 FR 14535, Mar. 6, 1980]

§4.48. Termination of or refusal to grant or to continue Federal financial assistance.

10 C.F.R. § 4.48

No order suspending, terminating, or refusing to grant or continue Federal financial assistance shall become effective until: (a) The responsible NRC official has advised the applicant or recipient of his failure to comply and has determined that compliance cannot be secured by voluntary means, (b) there has been an express finding on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with the requirement imposed by or pursuant to this subpart, (c) the action has been approved by the Commission pursuant to § 4.72, and (d) the expiration of thirty (30) days after the Commission has filed with the committee of the House and the committee of the Senate having legislative jurisdiction over the program involved, a full written report of the circumstances and the grounds for such action. Any action to suspend or terminate or to refuse to grant or to continue Federal financial assistance shall be limited to the particular political entity, or part thereof, or other applicant or recipient as to whom such finding has been made and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found.
Notes, amendments, and revision history

Authority

Authority: Atomic Energy Act of 1954, secs. 161, 223, 234, 274 (42 U.S.C. 2201, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 401 (42 U.S.C. 5841, 5891); 29 U.S.C. 794; 42 U.S.C. 12101 et seq.; 44 U.S.C. 3504 note. Subpart A also issued under 42 U.S.C. 2000d through d-7. Subpart B also issued under 29 U.S.C. 706. Subpart C also issued under 42 U.S.C. 6101 through 6107.

Source

Source: 29 FR 19277, Dec. 31, 1964, unless otherwise noted.

§4.49. Other means authorized by law.

10 C.F.R. § 4.49

No action to effect compliance by any other means authorized by law shall be taken until: (a) The responsible NRC official has determined that compliance cannot be secured by voluntary means, (b) the recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance, and (c) the expiration of at least ten (10) days from the mailing of such notice to the recipient or other person. During this period of at least ten (10) days, additional efforts shall be made to persuade the recipient or other person to comply with this subpart and to take such corrective action as may be appropriate.
Notes, amendments, and revision history

Amendments

[38 FR 17928, July 5, 1973]

Authority

Authority: Atomic Energy Act of 1954, secs. 161, 223, 234, 274 (42 U.S.C. 2201, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 401 (42 U.S.C. 5841, 5891); 29 U.S.C. 794; 42 U.S.C. 12101 et seq.; 44 U.S.C. 3504 note. Subpart A also issued under 42 U.S.C. 2000d through d-7. Subpart B also issued under 29 U.S.C. 706. Subpart C also issued under 42 U.S.C. 6101 through 6107.

Source

Source: 29 FR 19277, Dec. 31, 1964, unless otherwise noted.

Amendments

[38 FR 17928, July 5, 1973]