ML21279A085
| ML21279A085 | |
| Person / Time | |
|---|---|
| Issue date: | 10/04/2021 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML21279A031 | List: |
| References | |
| Download: ML21279A085 (13) | |
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 48-24 C In § 34.101(c), remove the N/A reference § 30.6(a)(2) and add in its place the reference § 30.6(b)(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
§ 37.23(b)(2) Access 37-08(B) B In § 37.23(b)(2), after the second authorization 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) * * *
(2) Each licensee shall name one or more individuals to be 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 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 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 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 37-15 C In § 37.43, paragraphs (d)(2)
(d)(3) security 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 (7), and phrase "the list of (d)(8)(ii)
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 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 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 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 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 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 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 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 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 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 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 procedures, or the list of individuals that have been approved for unescorted access.
§ 37.45(b) LLEA 37-16 B In § 37.45(b), remove the N/A coordination reference § 30.6(a)(2) and add in its place the reference § Reviewer note: 30.6(b)(2).
The reference to 30.6(b)(2) is for the NRC regional offices.
The Agreement States should have their State agency information referenced as 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 this notification should go to the State agency, and not the NRC.
§ 37.77(a)(1) Advance 37-26(A)(1) B In § 37.77(a)(1), remove the title notification 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 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 notifications should go to their State Agency.
[See 78 FR 16990, Comment/
Response D.12]
§ 71.97(c)(3) Advance 50-23 B In § 71.97(c)(3)(iii), remove the notification title Division of Material Safety, of shipment State, Tribal, and Rulemaking of irradiated Programs and add in its place reactor fuel the title Division of Materials and nuclear Safety, Security, State, and waste. Tribal Programs.