ML20294A398

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STC-20-073 - Revision of the Chronology of the U.S. Nuclear Regulatory Commission (NRC) Amendments Including Summary of Change Document for Miscellaneous Corrections(Rats Id 2020-3)
ML20294A398
Person / Time
Issue date: 10/21/2020
From: Brian Anderson
NRC/NMSS/DMSST
To:
State, Agreement States
Beardsley M
References
STC-20-073
Download: ML20294A398 (17)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 21, 2020 ALL AGREEMENT STATES REVISION OF THE CHRONOLOGY OF THE U.S. NUCLEAR REGULATORY COMMISSION (NRC) AMENDMENTS INCLUDING

SUMMARY

OF CHANGE DOCUMENT FOR MISCELLANEOUS CORRECTIONS [RATS ID 2020-3] (STC-20-073)

Purpose:

To provide the Agreement States with the Chronology of the U.S. Nuclear Regulatory Commission (NRC) Amendments including RATS ID 2020-3.

Background:

The NRC is amending its regulations in parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 of title 10 of the Code of Federal Regulations (10 CFR) to make miscellaneous corrections. These changes include redesignating footnotes, correcting references, typographical errors, nomenclature, titles, e-mail addresses, and contact information.

Discussion: The direct final rule, published on October 16, 2020, is posted in the Federal Register (FR), (85 FR 65656). The chronology is enclosed in its entirety and includes RATS ID 2020-3, as maintained by the Office of Nuclear Material Safety and Safeguards (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.

The Standing Committee on Compatibility reviewed the final rule and determined that certain provisions included in this rule are a matter of compatibility with the Agreement States.

In addition, a Summary of Change document for the October 16, 2020 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 November 16, 2023. 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-20-073 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 Brian C. Digitally signed by Brian C.

Anderson Anderson Date: 2020.10.21 11:21:03

-04'00' Brian Anderson, Chief State Agreement and Liaison Programs Branch 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

ML20294A398 OFFICE NMSS/MSTR/SALB NMSS/MSTR/SALB NAME MBeardsley BAnderson DATE 10/20/20 10/21/20 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-Parts 57 FR 45566; (none) 1992-2 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)

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 Enclosure 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 10 CFR Part 71: 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 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees- 63 FR 29535; (none) 1998-2 Parts 30, 40, 70 2

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 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 (12/01/2005) 2005-3 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 - 20, 30, 31, 32, 33, 35, 61, and 72 FR 55864, 73 FR 42672 (11/30/10) 2007-3 150 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 Technical Corrections - Parts 30, 34, 40, and 71 77 FR 39899 (08/06/2015) 2012-3 4

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, 10 CFR Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 (March 19, 2016) 2013-1 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, 10 CFR Parts 30, 40, and 70 78 FR 16922 (August 27, 2016) 2013-2 Domestic Licensing of Special Nuclear Material - Written Reports and Clarifying Amendments, 10 79 FR 57721, 80 FR 143 (January 26, 2015-1 CFR Part 70 2018)

Safeguards Information - Modified Handling Categorization, Change for Materials Facilities, 10 CFR 79 FR 58664, 80 FR 3865 (January 2015-2 Parts 30, 37, 73, and 150 28, 2018)

Revisions to Transportation Safety Requirements and Harmonization With International Atomic 80 FR 33987 (July 13, 2018) 2015-3 Energy Agency Transportation Requirements, 10 CFR Part 71 Miscellaneous Corrections, 10 CFR Parts 37 and 40 80 FR 45841 (September 2, 2018) 2015-4 Miscellaneous Corrections, 10 CFR Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974 (December 31, 2018) 2015-5 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and 83 FR 33046 (January 14, 2022) 2018-1 Clarifying Amendments, 10 CFR Parts 30, 32 and 35 Miscellaneous Corrections - Organizational Changes 83 FR 57231 (December 21, 2021) 2018-2 10 CFR Parts 37, 40, 70, and 71 Miscellaneous Corrections 83 FR 30285 (July 30, 2022) 2018-3 10 CFR Parts 1, 2, 34, 37, 50, 71, 73, and 140 Miscellaneous Corrections 84 FR 63565 (December 18, 2022) 2019-1 10 CFR Parts 2, 21, 37, 50, 52, 73, and 110 Organizational Changes and Conforming Amendments 84 FR 65639 2019-2 10 CFR Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 84 FR 66561 (December 30, 2022)

Individual Monitoring Devices 85 FR 15347 (June 16, 2023) 2020-1 10 CFR Parts 34, 36, and 39 5

Social Security Number Fraud Prevention 85 FR 33527 and 85 FR 44685 2020-2 10 CFR Parts 9 and 35 (August 17, 2023)

Miscellaneous Corrections 85 FR 65656 (November 16, 2023) 2020-3 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 6

Miscellaneous Corrections 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 (85 FR 65656)

RATS ID: 2020-3 Effective Date: November 16, 2020 Date Due for State Adoption: November 16, 2023 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

§ 19.8(b) Information D Revised to read as follows: NA collection requirements: (b) The approved information OMB approval collection requirements contained in this part appear in

§§ 19.12, 19.13, 19.16, and 19.31.

§ 20.1906(d) Procedures for H&S Revised to read as follows:

receiving and opening (d) The licensee shall packages immediately notify the final delivery carrier and the NRC Headquarters Operations Center by telephone at the numbers specified in appendix A to part 73 of this chapter, when

§ 20.2201(a)(2) Reports of theft C Revised to read as follows:

(ii) or loss of (a) * *

  • 7

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 licensed (2) * *

  • material (ii) All other licensees shall make reports by telephone to the NRC Headquarters Operations Center at the numbers specified in appendix A to part 73 of this chapter.

§ 20.2202(d)(2) Notification of C Revised to read as follows:

incidents (d) * * *

(2) All other licensees shall make the reports required by paragraphs (a) and (b) of this section by telephone to the NRC Headquarters Operations Center at the numbers specified in appendix A to part 73 of this chapter.

Appendix D to United States D In the first row of the table in NA Part 20 Nuclear appendix D to part 20, remove Regulatory the title Division of Incident Commission Response Operations and add Offices in its place Division of Preparedness and Response and remove the email 8

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 H001@nrc.gov and add in its place Hoo.Hoc@nrc.gov.

§ 30.50(c)(1) Reporting C Revised to read as follows:

requirements (c) * * *

(1) Licensees shall make reports required by paragraphs (a) and (b) of this section by telephone to the NRC Headquarters Operations Center at the numbers specified in appendix A to part 73 of this chapter. *

§ 34.8(b) Information D In § 34.8(b), add 34.111, in NA collection numerical order.

requirements:

OMB approval

§ 35.390(a)(1) Training for use B In § 35.390(a)(1), remove of unsealed Committee on Post-Graduate byproduct Training and add in its place material for Council on Postdoctoral which a written Training.

directive is required

§ 35.490 Training for use B In § 35.490, in paragraph (a)(1),

of manual remove Committee on Post-9

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 brachytherapy Graduate Training and add in its sources place Council on Postdoctoral Training; And in paragraph (b)(2), remove Committee on Postdoctoral and add in its place Council on Postdoctoral.

§ 35.690 Training for use B In § 35.690, in paragraph (a)(1),

of remote remove Committee on Post-afterloader units, Graduate Training and add in its teletherapy place Council on Postdoctoral units, and Training; gamma stereotactic And in paragraph (b)(2), remove radiosurgery Committee on Postdoctoral and units add in its place Council on Postdoctoral.

§ 40.8(b) Information D In § 40.8, in paragraph (b) add NA collection 40.14, in numerical order, and requirements: in paragraph (c)(3) remove OMB approval Forms N-71 and associated forms and add in its place IAEA Design Information Questionnaire forms.

§ 40.31(g)(1) Application for D In § 40.31(g)(1), remove Form NA specific licenses N-71 and associated forms and add in its place IAEA Design 10

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 Information Questionnaire forms.

§ 40.60(c)(1) Reporting C Revised to read as follows:

requirements (c) * * *

(1) Licensees shall make reports required by paragraphs (a) and (b) of this section by telephone to the NRC Headquarters Operations Center at the numbers specified in appendix A to part 73 of this chapter. *

§40.67(c) and Requirement for NRC Revised to read as follows: NA (d) advance notice for importation * * * *

  • of natural (c) The licensee shall uranium from notify the Director, Office of countries that Nuclear Security and Incident are not party to Response, by telephone at the the Convention numbers for the NRC on the Physical Headquarters Operations Center Protection of specified in appendix A to part Nuclear 73 of this chapter when the Material. shipment is received in the receiving facility.

11

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 (d) A licensee who needs to amend a notification shall notify the Director, Office of Nuclear Security and Incident Response, by telephone at the numbers specified for the NRC Headquarters Operations Center in appendix A to part 73 of this chapter.

§ 61.8(c) Information D In § 61.8(c), remove Form N-71 NA collection and associated forms and add requirements: in its place IAEA Design OMB approval Information Questionnaire forms.

§ 61.32(a) Facility D In § 61.32(a), remove Form N- NA information and 71 and associated forms and verification add in its place IAEA Design Information Questionnaire forms.

§ 70.8(c)(1) Information D In § 70.8(c)(1), remove Form N- NA collection 71 and associated forms and requirements: add in its place IAEA Design OMB approval Information Questionnaire forms.

§ 70.21(g)(1) Filing NRC In § 70.21(g)(1), remove Form NA N-71 and associated forms and add in its place IAEA Design 12

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 Information Questionnaire forms.

§ 70.50(c)(1) Reporting C Revised to read as follows:

requirements (c) * * *

(1) Licensees shall make reports required by paragraphs (a) and (b) of this section, and by

§ 70.74 and appendix A of this part, if applicable, by telephone to the NRC Headquarters Operations Center at the numbers specified in appendix A to part 73 of this chapter. * *

§ 70.52(a) Reports of NRC Revised to read as follows: NA accidental criticality (a) Each licensee shall notify the NRC Headquarters Operations Center by telephone at the numbers specified in appendix A to part 73 of this chapter within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> after discovery of any case of accidental criticality.

13

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

§ 71.97(c)(3)(i) Advance B In § 71.97, remove and reserve notification of paragraph (c)(3)(i):

shipment of irradiated [A list of the names and mailing reactor fuel and addresses of the governors nuclear waste designees receiving advance notification of transportation of nuclear waste was published in the FEDERAL REGISTER on June 30, 1995, 60 FR 34306]

Appendix A to A1 and A2 [B] In Appendix A to part 71, in Part 71, Table Values for Table A-1, amend the entry A-1 Radionuclides radionuclide Sm-147, by removing 8.5 x 101 and adding Exempt Material in its place 8.5 x 1010.

Activity Concentrations and Exempt Consignment Activity Limits for Radionuclides 14