ML18156A594

16.112 Revision for Part 37

ML18156A594
Person / Time
Issue date:	05/11/2018
From:	Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
Shared Package
ML18156A593	List: ML18156A594 ML18156A596 ML18156A597 ML18156A598 ML18156A599 ML18156A600 ML18156A601 ML18156A602 ML18156A603 ML18218A263
References
Download: ML18156A594 (2)

Text

Incorporation by Reference 10CFR Part 37 Section 16.112 is repealed and replaced to read:

16.112 Physical Protection of Category 1 and Category 2 quantities of radioactive material.

(a) This section contains the requirements for the physical protection program for any licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material, which provide reasonable assurance of the security of such material from theft or diversion. Specific requirements for access to material, use of material, transfer of material, and transport of material are included.

(b) The license shall comply with Section 71.97 of Title 10 Code of Federal Regulations, Part 71, Packaging and Transportation of Radioactive Material, January 1, 2018 version.

(c) The licensee shall comply with the Title 10 Code of Federal Regulations, Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, January 1, 2016 version, except as follows:

(1) Sections 37.1, 37.3, 37.7, 37.9, 37.11(a-b), 37.13, 37.105, 37.107, and 37.109 are excluded.

(2) Any reference to the Commission or NRC shall be deemed to be a reference to the New York State Department of Health, except:

(i) 37.5 Definitions: Agreement State, Byproduct material, Commission, Fingerprint orders,

Person, (ii) 37.25(b),

(iii) 37.27(a) and (c),

(iv) 37.29(a),

(v) 37.71 referring to NRCs license verification system.

(3) License required reports of events or notifications in 37.41, 37.45, 37.57, 37.77(a-d), and 37.81, shall be reported to the Department by means specified in 10 NYCRR 16.1(c) instead of to the NRC.

(4) The address for submitting fingerprint cards specified in 37.27(c)(1) is changed to read:

U.S. Nuclear Regulatory Commission Criminal History Program Division of Facilities and Security 11545 Rockville Pike, Mail Stop T-7D04M Rockville, MD 20852

(5) Common and contract carriers, freight forwarders, warehousemen, and the U.S. Postal Service are exempt from the regulations in this section to the extent that they transport or store radioactive material in the regular course of carriage for another or storage incident thereto.