ML18290B101
| ML18290B101 | |
| Person / Time | |
|---|---|
| Issue date: | 09/12/2019 |
| From: | Andrea Kock NRC/NMSS/DMSST |
| To: | Bryan A Govt of US Virgin Islands, Office of the Governor |
| Lynch J | |
| Shared Package | |
| ML18290B097 | List: |
| References | |
| Download: ML18290B101 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 12, 2019 The Honorable Albert Bryan Governor of the U.S. Virgin Islands Government House, 21-22 Kongens Gade Charlotte Amalie St. Thomas, VI 00802
SUBJECT:
GOVERNORS DESIGNATED REPRESENTATIVE TO RECEIVE ADVANCE NOTIFICATION OF SHIPMENTS OF RADIOACTIVE MATERIAL PURSUANT TO TITLE 10 OF THE CODE OF FEDERAL REGULATIONS PARTS 37, 71 AND 73 AND FOR PREPLANNING AND COORDINATION OF THOSE SHIPMENTS
Dear Governor Bryan:
The U.S. Nuclear Regulatory Commission (NRC) is writing to request the name (if applicable) and contact information of the Governors designee to receive advance notification of transportation of certain shipments of radioactive material through your Territory, pursuant to Section 301 of Public Law 96-295, and as implemented by Title 10 of the Code of Federal Regulations (10 CFR) Parts 37, 71, and 73. The NRC requirements for the advance notification of certain shipments of radioactive material to States and Territories while in transit are provided in Enclosure 1, and include the requirement that licensees preplan and coordinate aspects of the shipment of category 1 quantities of radioactive material with the Governor or the Governors designee.
The Governor of the U.S. Virgin Islands designee for the NRCs advance notification program was previously the Governors Office for Part 37 and Alicia Barnes, Commissioner, Department of Planning and Natural Resources for Parts 71 and 73. If the designee has changed or their contact information has changed, we request that you please notify us with that new information.
Background on Designations The NRCs regulations require that NRC and Agreement State licensees provide notification of planned shipments of certain radioactive material to States, registered Tribes, and U.S.
Territories through their Governors office or the Governor-appointed designee, or Tribal official-appointed Tribal transportation designees. The NRC maintains a list of the current State, U.S. Territory, and Tribal transportation designees and their contact information on its Web site at https://scp.nrc.gov/special/designee.pdf. In the absence of a designee, licensees must send the notification to the Office of the Governor. Preplanning and coordination is to be done with the Governor or the Governors designee.
A. Bryan Please note:
- The NRC requests that the Governor: 1) designate only one individual as the Governors designee; and 2) provide contact information for their designee. However, the Governor may choose to designate a back-up (or alternate) designee or designees for those instances where the Governors designee is unavailable.
- The Governors designee may be identified through a position or title. The position or title should be specific enough to correspond to an individual (i.e., it should not be a generic position or title that may be held by more than one person at one time).
- The same individual may serve as the Governors designee for multiple types of advance notifications (i.e., Parts 37, 71, and 73; see Enclosures 1 and 2).
- The advance notifications provided pursuant to Parts 37 and 73 may include sensitive or safeguards information (SGI) or SGI with modified handling requirements (SGI-M), both of which must be handled and protected appropriately.
- The Governors designee is relieved from the background checks and fingerprinting normally required before having access to SGI if they are an employee of a State or U.S.
Territory.1 The Governors designation establishes a need to know.
- The information protection procedures employed by Federal, State, Tribal, and local law enforcement agencies are presumed to meet the general performance requirements for protecting SGI.
- There is no required format for the designation, but it needs to be clear that the designation is by the Governor or the Office of the Governor. Suggested language for the designation is provided in Enclosure 2.
Updated State transportation designee contact information can be sent to Mr. Jeffery Lynch of my staff by e-mail at Jeffery.Lynch@nrc.gov or by mail:
Jeffery Lynch, Mail Stop T-5B60 State Agreement Liaison Programs Branch Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 1
See 10 CFR 73.59 which uses state. State, as defined in 10 CFR 37.5 and 71.4, includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
A. Bryan Handling of Sensitive Information The designee to receive advance notifications pursuant to 10 CFR Parts 37, 71, and 73 may receive SGI and will be responsible for protecting this information. They will be responsible for:
- 1) ensuring that recipients of such information are trustworthy and reliable and have a need-to-know and 2) implementing the appropriate measures for storing and protecting the information from unauthorized disclosure in accordance with 10 CFR 73.21, 73.22 and 73.23, which are provided in Enclosure 3. I am also enclosing NRC Regulatory Guide 5.79, Protection of Safeguards Information (Enclosure 4, also available electronically at https://www.nrc.gov/docs/ML1032/ML103270219.pdf), which describes a method that the NRC considers acceptable for use in implementing the specific requirements for the protection of SGI. The Regulatory Guide provides guidance on establishing an information protection system that addresses:
(1) information to be protected; (2) conditions for access and maintenance of the records associated with the access granting process; (3) protection while in use or in storage; (4) preparation and marking of documents or other matter; (5) reproduction of matter containing SGI; (6) external transmission of documents and material; (7) processing of SGI on electronic systems; (8) removal from the SGI category; and (9) destruction of matter containing SGI.
If you have any questions relating to the advance notification requirements, preplanning and coordination, or the information protection requirements, please contact Mr. Jeffery Lynch of my staff at (301) 415-5041 or by e-mail to Jeffery.Lynch@nrc.gov. I appreciate your assistance in maintaining the U.S. Virgin Islands transportation designee information.
Sincerely,
/RA Kevin Williams for/
Andrea L. Kock, Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
As Stated
A. Bryan
SUBJECT:
REQUEST FOR GOVERNORS DESIGNATED REPRESENTATIVE TO RECEIVE ADVANCE NOTICE OF SHIPMENTS OF RADIOACTIVE MATERIAL PURSUANT TO TITLE 10 OF THE CODE OF FEDERAL REGULATIONS PARTS 37, 71 AND 73 AND FOR PREPLANNING AND COORDINATION OF THOSE SHIPMENTS:
DATE: 09/12/2019 DISTRIBUTION:
GJackson, NSIR JLynch, NMSS PGoldberg, NMSS ADAMS Accession Number ML18290B097 (P) ML18290B101 *via email NMSS/MSST OGC NSIR NMSS/MSST NMSS/MSST OFC AWase* GJackson*
NAME JLynch PMichalak KWilliams for:
AKock DATE 08/30/18 09/13/18 10/01/18 09/12/19 09/12/19 OFFICIAL RECORD COPY