ML19345E456

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STC-19-080 Revision of the Chronology of the NRC Amendments Including Summary of Change Document for Organizational Changes and Conforming Amendments to 10 CFR Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 (Rats Id 2
ML19345E456
Person / Time
Issue date: 12/23/2019
From: Michael Layton
Office of Nuclear Material Safety and Safeguards
To:
State, Agreement States
Beardsley M
References
STC-19-080
Download: ML19345E456 (11)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 23, 2019 ALL AGREEMENT STATES REVISION OF THE CHRONOLOGY OF THE U.S. NUCLEAR REGULATORY COMMISSION (NRC) AMENDMENTS INCLUDING

SUMMARY

OF CHANGE DOCUMENT FOR ORGANIZATIONAL CHANGES AND CONFORMING AMENDMENTS TO 10 CFR PARTS 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 [RATS ID 2019-2]

(STC-19-080)

Purpose:

To provide the Agreement States with the Chronology of the U.S. Nuclear Regulatory Commission (NRC) Amendments including RATS ID 2019-2.

Background:

The NRC is amending its regulations to reflect internal organizational changes and make conforming amendments. These changes include removing all references to the Office of New Reactors because that office has merged with the Office of Nuclear Reactor Regulation, changing the names of divisions that are affected by the reorganization of the Office of Nuclear Material Safety and Safeguards (NMSS), and making conforming amendments throughout the regulations to reflect the office merger and the office reorganization.

Discussion: The final rule, published on November 29, 2019, is posted in the Federal Register (FR), 84 FR 65639. The chronology is enclosed in its entirety and includes RATS ID: 2019-2, as maintained by NMSS. The chronology is for your use to plan rulemaking actions that are needed to satisfy the compatibility and health and safety category designations of the NRC regulations. This document will also be used by the Integrated Materials Performance Evaluation Program (IMPEP) teams during upcoming program reviews.

In addition, a Summary of Change document for the November 29, 2019, amendment has been enclosed with this letter. This summary is for your use to identify the changes to the Code of Federal Regulations text as well as the compatibility categories associated with those changes.

These regulations are due for adoption by the Agreement States no later than December 30, 2022. We request that both proposed regulations and final regulations be provided to us for review in accordance with NMSS Procedure SA-201, Review of State Regulatory Requirements.

STC-19-080 2 If you have any questions regarding this correspondence, please contact me or the individual named below.

POINT OF CONTACT: Michelle Beardsley E-MAIL: Michelle.Beardsley@nrc.gov TELEPHONE: (301) 415-0275

/RA LCuadrado for/

Michael C. Layton, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Chronology of NRC Amendments
2. Summary of Change Document RATS ID 2019-2

ML19345E456 OFFICE NMSS/MSST/SALPB NMSS/MSST/SALPB NMSS/MSST MLayton NAME MBeardsley LCuadrado (LCuadrado for)

DATE 12/05/19 12/23/19 12/23/19 CHRONOLOGY OF NRC AMENDMENTS NRC Chronology Identification FR Notice Number RATS ID (State Implementation Due Date)

Safety Requirements for Radiographic Equipment - Part 34 55 FR 843; (1/10/94) 1991-1 ASNT Certification of Radiographers - Part 34 56 FR 11504; (none) 1991-2 Standards for Protection Against Radiation - Part 20 56 FR 23360; 56 FR 61352; 57 FR 1991-3 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; (1/1/94)

Notification of Incidents - Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations - Part 35 56 FR 34104; (1/27/95) 1992-1 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions - 57 FR 45566; (none) 1992-2 Parts 30,35 Decommissioning Recordkeeping and License Termination: Documentation Additions 58 FR 39628; (10/25/96) 1993-1

[Restricted areas and spill sites] - Parts 30, 40 Licensing and Radiation Safety Requirements for Irradiators - Part 36 58 FR 7715; (7/1/96) 1993-2 Definition of Land Disposal and Waste Site QA Program - Part 61 58 FR 33886; (7/22/96) 1993-3 Self-Guarantee as an Additional Financial Mechanism - Parts 30, 40, 70 58 FR 68726; 59 FR 1618; (none) 1994-1 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards - 59 FR 28220; (7/1/97) 1994-2 Part 40 Timeliness in Decommissioning Material Facilities - Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use - 59 FR 61767; 59 FR 65243; 1995-1 Parts 30, 32, 35 60 FR 322; (1/1/98)

Enclosure 1

CHRONOLOGY OF NRC AMENDMENTS Frequency of Medical Examinations for Use of Respiratory Protection Equipment - Part 20 60 FR 7900; (3/13/98) 1995-2 Low-Level Waste Shipment Manifest Information and Reporting - Parts 20, 61 60 FR 15649; 60 FR 25983; (3/1/98) 1995-3 Performance Requirements for Radiography Equipment - Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria - Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 Clarification of Decommissioning Funding Requirements - Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 Medical Administration of Radiation and Radioactive Materials - Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 Compatibility with the International Atomic Energy Agency - Part 71 60 FR 50248; 61 FR 28724; (4/1/99) 1996-1 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses - Parts 61 FR 1109; (none) 1996-2 30, 40, 70 Termination or Transfer of Licensed Activities: Recordkeeping Requirements - Parts 20, 30, 40, 61, 61 FR 24669; (6/17/99) 1996-3 70 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act - Part 20 61 FR 65120; (1/9/00) 1997-1 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an 62 FR 1662; (2/27/00) 1997-2 Agreement State - Part 150 Criteria for the Release of Individuals Administered Radioactive Material - Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 Fissile Material Shipments and Exemptions - Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography 62 FR 28947; (6/27/00) 1997-5 Operations - Parts 30, 34, 71, 150 Radiological Criteria for License Termination - Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea - Part 30 62 FR 63634; (1/02/01) 1997-7 Deliberate Misconduct by Unlicensed Persons - Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773; (2/12/01) 1998-1 2

CHRONOLOGY OF NRC AMENDMENTS Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees - 63 FR 29535; (none) 1998-2 Parts 30, 40, 70 License Term for Medical Use Licenses - Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic 63 FR 37059; (7/9/01) 1998-4 Operations - Part 34 Minor Corrections, Clarifying Changes, and a Minor Policy Change - Parts 20, 32, 35, 36 and 39 63 FR 39477; 63 FR 45393; (10/26/01) 1998-5 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment - Part 20 63 FR 50127; (11/20/01) 1998-6 Radiological Criteria for License Termination of Uranium Recovery Facilities - Part 40 64 FR 17506; (6/11/02) 1999-1 Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Material to 64 FR 42269; (none) 1999-2 Provide Requested Information - Part 31 Respiratory Protection and Controls to Restrict Internal Exposure - Part 20 64 FR 54543; 64 FR 55524; (2/2/03) 1999-3 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications - Part 39 65 FR 20337; (5/17/03) 2000-1 New Dosimetry Technology - Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material - 65 FR 79162; (2/16/04) 2001-1 Parts 30, 31, 32 Revision of the Skin Dose Limit - Part 20 67 FR 16298; (4/5/05) 2002-1 Medical Use of Byproduct Material - Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2 Financial Assurance for Materials Licensees B - Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety 69 FR 3697; (10/01/07) 2004-1 Amendments B - Part 71.

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926 (4/29/08) 2005-2 3

CHRONOLOGY OF NRC AMENDMENTS Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 (12/01/2005) 2005-3 Minor Amendments - Parts 20, 30,32, 35, 40, 70 71 FR 15005 (03/27/09) 2006-1 National Source Tracking System - Serialization Requirements Part 32 (with reference to Part 20 71 FR 65685 (02/06/07) 2006-2 Appendix E)

National Source Tracking System - Part 20 71 FR 65685 (01/31/09 Cat I and Cat 2006-3 II)

Medical Use of Byproduct Material - Minor Corrections and Clarifications - Parts 32 and 35 72 FR 45147, 54207 (10/29/10) 2007-1 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing 72 FR 58473 (12/17/10) 2007-2 and Reporting Requirements - Parts 30, 31, 32, and 150 Requirements for Expanded Definition of Byproduct Material Parts - Parts - 20, 30, 31, 32, 33, 35, 72 FR 55864, 73 FR 42672 (11/30/10) 2007-3 61, and 150 Order Imposing Fingerprinting Requirements and Criminal History Records Check Requirements 72 FR 70901 (06/05/08) 2007-4 for Unescorted Access to Certain Radioactive Material (Order EA-07-305)

Occupational Dose Records, Labeling Containers, and the Total Effective Dose Equivalent Parts - 72 FR 68043, 72233 (02/15/11) 2008-1 19 and 20 Medical Use of Byproduct MaterialAuthorized User Clarification - Part 35 74 FR 33901 (09/28/12) 2009-1 Decommissioning Planning - Parts 20, 30, 40, and 70 76 FR 35512 (12/17/2015) 2011-1 Licenses, Certifications, and Approvals for Materials Licensees - Parts 30, 36, 39, 40, 51, 70, and 76 FR 56951 (11/14/2014) 2011-2 150 Change of Compatibility of 10 CFR 31.5 and 31.6 in the Withdrawal of Proposed Rule and Closure 77 FR 3640 (01/25/2015) 2012-1 of Petition For Rulemaking: Organization of Agreement States and Florida Department of Health, Bureau of Radiation Control Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear 77 FR 34194 (08/10/2015) 2012-2 Waste - Part 71 4

CHRONOLOGY OF NRC AMENDMENTS Technical Corrections - Parts 30, 34, 40, and 71 77 FR 39899 (08/06/2015) 2012-3 Requirements for Distribution of Byproduct Material - Parts 30, 31, 32, 40, and 70 77 FR 43666 (10/23/2015) 2012-4 Physical Protection of Byproduct Material - Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 (03/19/2016) 2013-1 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions - CFR Parts 30, 40, and 70 78 FR 16922 (08/27/2016) 2013-2 Domestic Licensing of Special Nuclear Material - Written Reports and Clarifying Amendments 79 FR 57721, 80 FR 143 (01/26/2018) 2015-1 Part 70 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities 79 FR 58664, 80 FR 3865 2015-2 Parts 30, 37, 73, and 150 (01/28/2018)

Revisions to Transportation Safety Requirements and Harmonization With International Atomic 80 FR 33987 (07/13/2018) 2015-3 Energy Agency Transportation Requirements - Part 71 Miscellaneous Corrections - Parts 37 and 40 80 FR 45841 (09/2/2018) 2015-4 Miscellaneous Corrections - Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974 (1231/2018) 2015-5 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and 83 FR 33046 (01/14/2022) 2018-1 Clarifying Amendments - Parts 30, 32 and 35 Miscellaneous Corrections - Organizational Changes 83 FR 57231 (12/21/2021) 2018-2 Parts 37, 40, 70, and 71 Miscellaneous Corrections 83 FR 30285 (07/30/2022) 2018-3 Parts 1, 2, 34, 37, 50, 71, 73, and 140 Miscellaneous Corrections 84 FR 63565 (12/18/2022) 2019-1 Parts 2, 21, 37, 50, 52, 73, and 110 Organizational Changes and Conforming Amendments 84 FR 65639 2019-2 Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 84 FR 66561 (12/30/2022) 5

Organizational Changes and Conforming Amendments 10 CFR Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 (84 FR 65639, Published December 5, 2019)

RATS ID: 2019-2 Effective Date: December 30, 2019 Date Due for State Adoption: December 30, 2022 Change to Title State Compatibility Summary of Change to CFR Difference Significant If NRC Section Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated

§ 37.7(a) Communications D In § 37.7(a), remove ; Director, Office of New Reactors;.

§ 40.64(a) & Reports NRC In § 40.64(a) and (b)(2), remove (b)(2) Division of Fuel Cycle Safety, Safeguards, and Environmental Review and add in its place Division of Fuel Management.

§ 71.1 Communications D In § 71.1 wherever it appears, and Records remove Division of Spent Fuel Management and add in its place Division of Fuel Management.

§ 71.17(c)(3) General B In § 71.17(c)(3), remove License: NRC Division of Spent Fuel Storage approved and Transportation and add in package its place Division of Fuel Management.

§ 71.95 Reports D In § 71.95 wherever it appears, remove Division of Spent Fuel Enclosure 2

Change to Title State Compatibility Summary of Change to CFR Difference Significant If NRC Section Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated Management and add in its place Division of Fuel Management.

§ 71.101 Quality C In § 71.101 wherever it appears, Assurance remove Division of Spent Fuel requirements Management and add in its place Division of Fuel Management.

[NOTE: This does not apply to 71.101(c)(1) for the Agreement States, since this subsection in the equivalent Agreement State regulations should require that the quality assurance plan be sent to the State agency and not to the NRC.

§ 150.16 Submission to NRC Wherever it appears, remove Commission of Division of Fuel Cycle Safety, nuclear material Safeguards, and Environmental transaction Review and add in its place reports Division of Fuel Management; and

b. Wherever it appears, remove Division of Fuel Cycle Safety and Safeguards and add 2

Change to Title State Compatibility Summary of Change to CFR Difference Significant If NRC Section Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated in its place Division of Fuel Management.

§ 150.17 Submission to NRC Wherever it appears, remove Commission of Division of Fuel Cycle Safety, nuclear material Safeguards, and Environmental transaction Review and add in its place reports Division of Fuel Management; and

b. Wherever it appears, remove Division of Fuel Cycle Safety and Safeguards and add in its place Division of Fuel Management.

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