ML21334A262
| ML21334A262 | |
| Person / Time | |
|---|---|
| Issue date: | 11/23/2021 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML21327A063 | List: |
| References | |
| Download: ML21334A262 (7) | |
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 Change to Title State Section Compatibility Summary of Change to Difference Significant If NRC Section Category CFR Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated
§ 34.101(c) Notifications N/A C In § 34.101(c), remove the N/A N/A Texas reference § 30.6(a)(2) Department of and add in its place the State Health reference § Services (TX 30.6(b)(2). DSHS) responsibility
§ 37.23(b)(2) Access Title 30 Texas B In § 37.23(b)(2), after the Yes No Texas authorization Administrative second sentence, this final Commission on program Code (TAC) rule adds the sentence, Environmental requirements Section (§) "Provide oath or Quality (TCEQ) 357(c)(2)(B) affirmation certifications rule does not have the to the ATTN: Document sentence that is Control Desk; Director, being changed.
Office of Nuclear Material Safety and Safeguards."
to read as follows:
ENCLOSURE
Change to Title State Section Compatibility Summary of Change to Difference Significant If NRC Section Category CFR Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated
§ 37.23 Access authorization program requirements.
(b) * * *
(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
Change to Title State Section Compatibility Summary of Change to Difference Significant If NRC Section Category CFR Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated 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 30 TAC C In § 37.43, paragraphs Yes Yes TCEQ rules (d)(3) security §336.357(j)(4)(B), (d)(2) and (3), and will be introductory program 357(j)(4)(C) paragraphs (d)(5) through modified in text, (d)(3)(i), requirements introductory text, (8), this final rule has been this rulemaking (d)(5) through 357(j)(4)(C)(i), revised to add the phrase to be (7), and 357(j)(4)(E) "the list of individuals that compatible (d)(8)(ii) through have been approved for 357(j)(4)(G), and unescorted access" to 357(j)(4)(H)(ii) 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
Change to Title State Section Compatibility Summary of Change to Difference Significant If NRC Section Category CFR Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated 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 (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,
Change to Title State Section Compatibility Summary of Change to Difference Significant If NRC Section Category CFR Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated 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
Change to Title State Section Compatibility Summary of Change to Difference Significant If NRC Section Category CFR Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated 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.
(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
Change to Title State Section Compatibility Summary of Change to Difference Significant If NRC Section Category CFR Yes/No Yes/No Difference, Why or Why Not Was a Comment Generated individuals that have been approved for unescorted access.
§ 37.45(b) LLEA 30 TAC B In § 37.45(b), remove the Yes No TCEQ rule has coordination §336.357(k)(2) reference § 30.6(a)(2) and different language that add in its place the does not need reference § 30.6(b)(2). to be corrected
§ 37.77(a)(1) Advance 30 TAC B In § 37.77(a)(1), remove the Yes No TCEQ rules will notification of §336.357(u)(1)(A) title Division of Material be modified in shipment of Safety, State, Tribal, and this rulemaking category I Rulemaking Programs and to be quantities of add in its place the title compatible radioactive Division of Materials material. Safety, Security, State, and Tribal Programs.
§ 71.97(c)(3) Advance N/A B In § 71.97(c)(3)(iii), remove N/A N/A N/A notification of the title Division of shipment of Material Safety, State, irradiated reactor fuel Tribal, and Rulemaking and nuclear Programs and add in its waste. place the title Division of Materials Safety, Security, State, and Tribal Programs.