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 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 N/A C
In § 34.101(c), remove the reference § 30.6(a)(2) and add in its place the reference § 30.6(b)(2).
N/A N/A Texas Department of State Health Services (TX DSHS) responsibility
§ 37.23(b)(2)
Access authorization program requirements Title 30 Texas Administrative Code (TAC)
Section (§)
357(c)(2)(B)
B 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:
Yes No Texas Commission on Environmental Quality (TCEQ) rule does not have the sentence that is being changed.
ENCLOSURE
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
§ 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 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 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 (7), and (d)(8)(ii)
General security program requirements 30 TAC
§336.357(j)(4)(B),
357(j)(4)(C) introductory text, 357(j)(4)(C)(i),
357(j)(4)(E) through 357(j)(4)(G), and 357(j)(4)(H)(ii)
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 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 Yes Yes TCEQ rules will be modified in this rulemaking to be compatible
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 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 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 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 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 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 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 individuals that have been approved for unescorted access.
§ 37.45(b)
§336.357(k)(2)
B In § 37.45(b), remove the reference § 30.6(a)(2) and add in its place the reference § 30.6(b)(2).
Yes No TCEQ rule has different language that does not need to be corrected
§ 37.77(a)(1)
Advance notification of shipment of category I quantities of radioactive material.
30 TAC
§336.357(u)(1)(A)
B 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.
Yes No TCEQ rules will be modified in this rulemaking to be compatible
§ 71.97(c)(3)
Advance notification of shipment of irradiated reactor fuel and nuclear waste.
N/A 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.
N/A N/A N/A