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 NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated
§ 34.101(c)
Notifications 420-3.04(37)(c) -
No changes needed.
Current rule is satisfactory.
C In § 34.101(c), remove the reference § 30.6(a)(2) and add in its place the reference § 30.6(b)(2).
§ 37.23(b)(2)
Access authorization program requirements 420-3.15(8)
B Reviewer note:
The Agreement States should have these certifications going to their agency, and not the NRC.
In § 37.23(b)(2), after the second sentence, this final rule adds the
- sentence, "Provide oath or affirmation certifications to the ATTN:
Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards."
to read as follows:
§ 37.23 Access authorization program requirements.
(b)
- Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If 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),
(d)(3) introductory text, (d)(3)(i),
(d)(5) through General security program requirements 420-3.15(15)
C In § 37.43, paragraphs (d)(2) and (3), and paragraphs (d)(5) through (8),
this final rule has been revised to add the phrase "the list of
Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated (7), and (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
Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If 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 NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If 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 coordination 420-3.15(16)(b) -
No changes needed.
Current rule is satisfactory.
B Reviewer note:
The reference to 30.6(b)(2) is for the NRC regional offices.
The Agreement States should have their State agency information referenced as this notification should go to the State agency, In § 37.45(b), remove the reference § 30.6(a)(2) and add in its place the reference § 30.6(b)(2).
Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated and not the NRC.
§ 37.77(a)(1)
Advance notification of shipment of category I quantities of radioactive material.
420-3.15(26)(a)1.
B
- Reviewer note:
The Agreement States should not have this NRC organization title in their equivalent regulations, since these notifications should go to their State Agency.
[See 78 FR
- 16990, Comment/
Response D.12]
In § 37.77(a)(1), remove the title Division of Material Safety, State, Tribal, and Rulemaking Programs and add in its place the title Division of Materials Safety, Security, State, and Tribal Programs.
§ 71.97(c)(3)
Advance notification of shipment of irradiated reactor fuel and nuclear waste.
N/A -
Incorporation by reference 420-3.02(21)
B In § 71.97(c)(3)(iii), remove the title Division of Material Safety, State, Tribal, and Rulemaking Programs and add in its place the title Division of Materials Safety, Security, State, and Tribal Programs.