ML20097D392
| ML20097D392 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/2020 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML20097D175 | List: |
| References | |
| Download: ML20097D392 (21) | |
Text
DOWNLOADED 02/11/2020 Miscellaneous Corrections - Organizational Changes 10 CFR Parts 37, 40. 70 and 71 (83 FR 57231), Published November 21, 2018)
RATS ID: 2018-2 Effective Date: December 21, 2018 Date Due for State Adoption: December 21, 2021
- Revised 11/25/19 to add reviewer note for 37.77 Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated
§ 37.7(a) Communications Not applicable to D § 37.7(a) is revised to read as Colorado follows:
rule/Agreement States.
(a) By mail addressed to: ATTN:
Except where Document Control Desk; otherwise Director, Office of Nuclear specified in rule, licensee Reactor Regulation; Director, communications Office of New Reactors; or are sent to the Director, Office of Nuclear Department. Material Safety and Safeguards, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
§ 37.77 Advance Not applicable to B: In § 37.77, wherever it appears, notification of Colorado 37.77(a)- remove the title Division of rule/Agreement shipment of States. (d) Security Policy, and in category 1 paragraph (c)(1), remove the quantities of *Reviewer C: phrase of Nuclear Security.
radioactive note: The 37.77(e) material Agreement and (f)
States should Enclosure 2
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated not have the NRC organization titles in their regulations, since these notifications should go to their State Agency.
[See the FR notice above, Comment D.12.]
§ 37.81(g) Reporting of Not applicable to C In § 37.81(g) introductory text, Events Colorado rule. remove the third sentence.
Except where otherwise required in rule, licensee communications are sent to the Agreement State Agency, not NRC.
§ 40.23 General license N/A - NRC NRC Amend § 40.23 as follows:
for carriers of ONLY transient a. In paragraph (b)(1), remove shipments of the title Division of Security natural uranium Policy,;
2
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated other than in the b. In paragraph (b)(2)(ix),
form of ore or remove the title Division of ore residue Security Policy and add in its place the title Office of Nuclear Security and Incident Response.
- c. In paragraph (c), remove the title Division of Security Policy and add in its place the title Division of Physical and Cyber Security Policy.
- d. In paragraph (d), remove the title Division of Security Policy and add in its place the title Division of Physical and Cyber Security Policy; and remove the telephone number (301) 415-6828 and add in its place the telephone number 301-287-3598.
§ 40.64 Reports N/A - NRC NRC In § 40.64(c)(2) and (3), remove ONLY the last sentence in each paragraph.
§ 40.66 Requirements N/A - NRC NRC Amend § 40.66 as follows:
for advance ONLY notice of export a. In paragraph (a), remove the title Division of Security Policy,;
3
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated shipments of b. In paragraph (b)(5), remove natural uranium the title Division of Security Policy, and add in its place the title Director,; and
- c. In paragraph (c), remove the title Division of Security Policy, and add in its place the title Director,.
§ 40.67 Requirement for N/A - NRC NRC Amend § 40.67 as follows:
advance notice ONLY of importation of a. In paragraph (a), remove the natural uranium title Division of Security Policy,;
from countries and that are not b. In paragraphs (c) and (d),
party to the remove the title Division of Convention on Security Policy and add in its the Physical place the phrase Director, Office Protection of of Nuclear Security and Incident Nuclear Material Response.
§ 70.5 Communications Not applicable to D In § 70.5, wherever it appears, Colorado rule. remove the title Division of Colorado has no Security Policy, equivalent regulation to Part 70.
4
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated
§ 70.20b General license N/A - NRC NRC In § 70.20b, wherever it appears, for carriers of ONLY remove the title Division of transient Security Policy, shipments of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, special nuclear material of low strategic significance, and irradiated reactor fuel
§ 70.32 Conditions of Not applicable to NRC: In § 70.32, wherever it appears, licenses Colorado rule. 70.32(a)(1 remove the title Division of Colorado has no ) (a)(4) Security Policy, Office of Nuclear equivalent (a)(5), Security and Incident Response regulation to (a)(6), and add in its place the title Part 70. (a)(7), Office of Nuclear Material (b)(1), Safety and Safeguards.
(b)(3),
(b)(4),(c),
5
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated (d), (e),
(f), (g),
(h), (i), (j),
& (k)
C:
70.32 (a)(2),
(a)(3), &
(a)(8)
H&S:
70.32 (a)(9)
D:
70.32 (b)(2) &
(b)(5)
§ 71.97 Advance Not applicable to B In § 71.97, wherever it appears, notification of Colorado remove the title Division of rule/Agreement shipment of States. Security Policy, irradiated reactor fuel and Except where nuclear waste otherwise required in rule, licensee communications 6
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated are sent to the Agreement State Agency, not NRC.
7
DOWNLOADED 02/11/2020 Miscellaneous Corrections 10 CFR Parts 1, 2, 34, 37, 50, 71, 73, and 140 (83 FR 30285), Published June 28, 2018)
RATS ID: 2018-3 Effective Date: July 30, 2018 Date Due for State Adoption: July 30, 2022 (extended)
CORRECTED VERSION 01/2020 Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated
§ 34.101(c) Notifications Not applicable to C In § 34.101(c), remove the CO rule. reference § 30.6(a)(2) and add Change(s) not applicable to in its place the reference § Agreement States 30.6(b)(2).
since this notification is to our
agency and not to NRC.
§ 37.23(b)(2) Access Language added to B In § 37.23(b)(2), after the second authorization CO Part 22 sentence, this final rule adds the proposed rule in program 22.9.2.B, sentence, requirements consistent with the "Provide oath or affirmation intent of NRCs certifications to the ATTN:
language. Document Oath and Control Desk; Director, Office of affirmations are Nuclear to be sent to the Material Safety and Safeguards."
agreement state to read as follows:
agency only and not NRC.
§ 37.23 Access authorization program requirements.
(b) * * *
(2) Each licensee shall name one or more individuals to be reviewing officials. After completing the background investigation on the reviewing official, the licensee shall provide
under oath or affirmation, a certification that the reviewing official is deemed trustworthy and reliable by the licensee.
Provide oath or affirmation certifications to the ATTN:
Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards.
The fingerprints of the named reviewing official must be taken by a law enforcement agency, Federal or State agencies that provide fingerprinting services to the public, or commercial fingerprinting services authorized by a State to take fingerprints.
The licensee shall recertify that the reviewing official is deemed trustworthy and reliable every 10 years in accordance with § 37.25(c).
§ 37.43(d)(2), General security Change(s) C In § 37.43, paragraphs (d)(2)
(d)(3) program incorporated into and (3), and CO Part 22 introductory requirements proposed rule in paragraphs (d)(5) through (8),
text, (d)(3)(i), 22.16.4. this final (d)(5) through rule has been revised to add the (7), and phrase "the list of (d)(8)(ii) individuals that have been approved for unescorted access" to provide the full list of information required to be protected as follows:
§ 37.43 General security program requirements.
(d) * * *
(2) Efforts to limit access shall include the development, implementation, and maintenance of written policies and procedures for controlling access to, and for proper handling and protection against
unauthorized disclosure of, the security plan, implementing procedures, and the list of individuals that have been approved for unescorted access.
(3) Before granting an individual access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access, licensees shall:
(i) Evaluate an individual's need to know the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access; and (5) The licensee shall document the basis for concluding that an individual is trustworthy and reliable and should be granted access to the security plan, implementing procedures, or the
list of individuals that have been approved for unescorted access.
(6) Licensees shall maintain a list of persons currently approved for access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.
When a licensee determines that a person no longer needs access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access, or no longer meets the access authorization requirements for access to the information, the licensee shall remove the person from the approved list as soon as possible, but no later than 7 working days, and take prompt measures to ensure that the individual is unable to obtain the
security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.
(7) When not in use, the licensee shall store its security plan, implementing procedures, and the list of individuals that have been approved for unescorted access in a manner to prevent unauthorized access.
Information stored in nonremovable electronic form must be password protected.
(8) * * *
(ii) The list of individuals approved for access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.
§ 37.45(b) LLEA Not applicable to B In § 37.45(b), remove the coordination CO rule. reference § 30.6(a)(2) and add Notification is to
our agency and not in its place the reference § to NRC. 30.6(b)(2).
§ 37.77(a)(1) Advance Change(s) B In § 37.77(a)(1), remove the title notification of incorporated into Division of Material Safety, CO Part 22 shipment of proposed rule in State, Tribal, and Rulemaking category I 22.27.1.A.1. Programs and add in its place quantities of the title Division of Materials radioactive Safety, Security, State, and material. Tribal Programs.
§ 71.97(c)(3) Advance Change(s) B In § 71.97(c)(3)(iii), remove the notification of incorporated into title Division of Material Safety, CO Part 17 shipment of proposed rule in State, Tribal, and Rulemaking irradiated 17.11.4.3(3). Programs and add in its place reactor fuel and the title Division of Materials nuclear waste. Safety, Security, State, and Tribal Programs.
DOWNLOADED 02/03/2020 Miscellaneous Corrections 10 CFR Parts 2, 21, 37, 50, 52, 73, and 110 (84 FR 63565), Published November 18, 2019)
RATS ID: 2019-1 Effective Date: December 18, 2019 Date Due for State Adoption: December 18, 2022 Revised to add reviewer note on 1/7/2020 Change to Title State Compat. 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
§ 37.23(b)(2) Access Not applicable B In § 37.23(b)(2), remove the authorization to CO rule. phrase ATTN: Document program Control Desk; Director, Office of requirements Agreement Nuclear Material Safety and State licensees Safeguards. and add in its place should submit the oath and the phrase Director, Office of affirmations to Nuclear Material Safety and the applicable Safeguards, U.S. Nuclear state agency Regulatory Commission, and not the Washington, DC 20555-0001; NRC. ATTN: Source Management and Protection Branch.
§ 37.27(c)(1) Requirements Language B In § 37.27, revise paragraphs and (2) for criminal incorporated (c)(1) and (2) to read as follows:
history records into CO Part 22 checks of proposed rule, * * * *
- Section individuals (c) * *
- 22.11.3.A., and granted 22.11.3.B. (1) For the purposes of unescorted complying with this subpart, Enclosure 2
Change to Title State Compat. 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 access to licensees shall use an category 1 or appropriate method listed in § category 2 37.7 to submit to the U.S.
quantities of Nuclear Regulatory Commission, radioactive Director, Division of Physical and material Cyber Security Policy, 11545 Rockville Pike, ATTN: Criminal History Program/Mail Stop T-8B20, Rockville, MD 20852, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ), electronic fingerprint scan or, where practicable, other fingerprint record for each individual requiring unescorted access to category 1 or category 2 quantities of radioactive material.
Copies of these forms may be obtained by emailing MAILSVS.Resource@nrc.gov.
Guidance on submitting electronic fingerprints can be found at https://www.nrc.gov/security/chp.
html.
(2) Fees for the processing of fingerprint checks are due upon application.
2
Change to Title State Compat. 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 Licensees shall submit payment with the application for the processing of fingerprints through corporate check, certified check, cashier's check, money order, or electronic payment, made payable to U.S.
NRC. (For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by e-mailing Crimhist.Resource@nrc.gov.)
Combined payment for multiple applications is acceptable. The Commission publishes the amount of the fingerprint check application fee on the NRC's public Web site. (To find the current fee amount, go to the Licensee Criminal History Records Checks & Firearms Background Check information page at https://www.nrc.gov/security/chp.
html and see the link for How do I determine how much to pay for the request?).
3
DOWNLOADED 12/10/19 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 November 29, 2019 and 84 FR 66561, 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 Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated
§ 37.7(a) Communications Not applicable D In § 37.7(a), remove ; Director, to CO rule. Office of New Reactors;.
This language does not currently appear in CO Part 22.
§ 40.64(a) & Reports N/A - NRC Only NRC In § 40.64(a) and (b)(2), remove (b)(2) Item Division of Fuel Cycle Safety, Safeguards, and Environmental Review and add in its place Division of Fuel Management.
§ 71.1 Communications Not applicable D In § 71.1 wherever it appears, and Records to CO rule. remove Division of Spent Fuel Management and add in its This language place Division of Fuel does not Management.
currently appear in CO Part 17.
§ 71.17(c)(3) General Change B In § 71.17(c)(3), remove License: NRC incorporated Division of Spent Fuel Storage Enclosure 2
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated approved into CO Part 17, and Transportation and add in package proposed rule, its place Division of Fuel provision Management.
17.7.3.3.
§ 71.95 Reports Not applicable D In § 71.95 wherever it appears, to CO rule. remove Division of Spent Fuel Management and add in its This language place Division of Fuel does not appear Management.
in CO Part 17.
§ 71.101 Quality Language is C In § 71.101 wherever it appears, Assurance added to the CO remove Division of Spent Fuel requirements Part 17 Management and add in its proposed rule, place Division of Fuel provision Management.
17.10.1 to clarify that the QA plan be sent to the [NOTE: This does not apply to department per 71.101(c)(1) for the Agreement this RATS item. 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 N/A - NRC Only NRC Wherever it appears, remove Commission of Item Division of Fuel Cycle Safety, nuclear material Safeguards, and Environmental Review and add in its place 2
Change to Title State Section Compat. Summary of Change to CFR Difference Significant If NRC Section Category Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated transaction Division of Fuel Management; reports and
- b. Wherever it appears, remove Division of Fuel Cycle Safety and Safeguards and add in its place Division of Fuel Management.
§ 150.17 Submission to N/A - NRC Only NRC Wherever it appears, remove Commission of Item 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.
3