ML21300A395
| ML21300A395 | |
| Person / Time | |
|---|---|
| Issue date: | 10/25/2021 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML21300267 | List: |
| References | |
| Download: ML21300A395 (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 0400-20 C In § 34.101(c), remove the Yes No Reference to
.12 reference § 30.6(a)(2) and add NRC in its place the reference § Regional 30.6(b)(2). Office is not
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 applicable to State rules.
§ 37.23(b)(2) Access 0400-20 B In § 37.23(b)(2), after the second Yes No Used State authorization .02(2)(b)2 sentence, this final rule adds the reference program Reviewer note: sentence, versus NRC requirements "Provide oath or affirmation as set forth The Agreement certifications to the ATTN: in the States should Document Reviewer have these Control Desk; Director, Office of note.
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
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 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 0400-20 C In § 37.43, paragraphs (d)(2) Yes No Reference (d)(3) security .03 (2)(d)2- and (3), and State rules introductory program 3; (d)5-7;(d) paragraphs (d)(5) through (8), versus CFRs text, (d)(3)(i), requirements 8(ii) this final (d)(5) through
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 rule has been revised to add the (d)(8)(ii) phrase "the list of 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
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 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
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 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
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.
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
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 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
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 security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.
§ 37.45(b) LLEA 0400-20 B In § 37.45(b), remove the Yes No -Reference coordination .03(3) (b) reference § 30.6(a)(2) and add State rules in its place the reference § versus Reviewer note: 30.6(b)(2). CFRs.
The reference to -Already 30.6(b)(2) is for effective in the NRC current regional offices. rulemaking.
The Agreement States should have their State agency information
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 referenced as this notification should go to the State agency, and not the NRC.
§ 37.77(a)(1) Advance 0400-20 B In § 37.77(a)(1), remove the title Yes Yes Removed the notification .04(4)(a)1 Division of Material Safety, NRC of shipment *Reviewer note: State, Tribal, and Rulemaking organization of category I The Agreement Programs and add in its place title and quantities of States should the title Division of Materials replaced with radioactive not have this Safety, Security, State, and Division and material. NRC Tribal Programs. notification organization title method in in their Rule 0400-equivalent 20-04-.07.
regulations,
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 since these notifications should go to their State Agency.
[See 78 FR 16990, Comment/
Response D.12]
§ 71.97(c)(3) Advance 0400-20 B In § 71.97(c)(3)(iii), remove the No No NA notification .30(21)(c)3(i title Division of Material Safety, of shipment -iii) 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.