ML21131A228
| ML21131A228 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/2021 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML21131A077 | List: |
| References | |
| Download: ML21131A228 (6) | |
Text
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 Revised 5/12/2020 to add Reviewer notes 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
§ 34.101(c) Notifications 420-3 C In § 34.101(c), remove the
.04(37)(c) - reference § 30.6(a)(2) and add No changes in its place the reference § needed. 30.6(b)(2).
Current rule is satisfactory.
§ 37.23(b)(2) Access 420-3 B In § 37.23(b)(2), after the second authorization .15(8) sentence, this final rule adds the program Reviewer note: sentence, requirements "Provide oath or affirmation The Agreement certifications to the ATTN:
States should Document have these Control Desk; Director, Office of certifications Nuclear going to their Material Safety and Safeguards."
agency, and not to read as follows:
the NRC.
§ 37.23 Access authorization program requirements.
(b) * *
- 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 (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 420-3 C In § 37.43, paragraphs (d)(2)
(d)(3) security .15(15) and (3), and introductory program paragraphs (d)(5) through (8),
text, (d)(3)(i), requirements this final (d)(5) through rule has been revised to add the phrase "the list of
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 (7), and individuals that have been (d)(8)(ii) 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
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 (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.
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 (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 420-3 B In § 37.45(b), remove the coordination .15(16)(b) - reference § 30.6(a)(2) and add No changes in its place the reference § needed. Reviewer note: 30.6(b)(2).
Current rule The reference to is 30.6(b)(2) is for satisfactory. the NRC regional offices.
The Agreement States should have their State agency information referenced as this notification should go to the State agency,
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 and not the NRC.
§ 37.77(a)(1) Advance 420-3 B In § 37.77(a)(1), remove the title notification .15(26)(a)1. Division of Material Safety, of shipment *Reviewer note: State, Tribal, and Rulemaking of category I The Agreement Programs and add in its place quantities of States should the title Division of Materials radioactive not have this Safety, Security, State, and material. NRC Tribal Programs.
organization title in their equivalent regulations, since these notifications should go to their State Agency.
[See 78 FR 16990, Comment/
Response D.12]
§ 71.97(c)(3) Advance N/A - B In § 71.97(c)(3)(iii), remove the notification Incorporation title Division of Material Safety, of shipment by reference State, Tribal, and Rulemaking of irradiated 420-3 Programs and add in its place reactor fuel .02(21) the title Division of Materials and nuclear Safety, Security, State, and waste. Tribal Programs.