ML22097A091
| ML22097A091 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/2022 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML22097A063 | List: |
| References | |
| Download: ML22097A091 (18) | |
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 C In § 34.101(c), remove the No change reference § 30.6(a)(2) and add required.
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 V.23(b)(ii). B In § 37.23(b)(2), after the second Specified authorization Pg. V6 sentence, this final rule adds the MDE program Reviewer note: sentence, address requirements "Provide oath or affirmation where oath The Agreement certifications to the ATTN: or States should Document certifications have these Control Desk; Director, Office of should be certifications Nuclear sent.
going to their Material Safety and Safeguards."
agency, and to read as follows:
not 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 V.43(d)(ii), C In § 37.43, paragraphs (d)(2)
(d)(3) security (iii), (v), (vi), and (3), and Language introductory program (vii) and paragraphs (d)(5) through (8), updated text, (d)(3)(i), requirements (viii). Pgs. this final (d)(5) through V18 and rule has been revised to add the (7), and V19. 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" Same as to provide the full list of above information required to be Language protected as follows: updated
§ 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 Same as individuals that have been above approved for unescorted access. Language (3) Before granting an individual updated 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 Same as the basis for concluding that an Language above individual is trustworthy and updated 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, Same as implementing procedures, or the Language above list of individuals that have been updated 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 Same as shall store its security plan, Language above implementing procedures, and updated 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 B In § 37.45(b), remove the coordination V.45(b). Pg. reference § 30.6(a)(2) and add MDE V20 in its place the reference § referenced Reviewer note: 30.6(b)(2). A.12. No The reference change to 30.6(b)(2) is needed.
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 B In § 37.77(a)(1), remove the title notification V.77(a)(i). Division of Material Safety, MDE of shipment Pg. V27 *Reviewer note: State, Tribal, and Rulemaking referenced of category I The Agreement Programs and add in its place A.12. No quantities of States should the title Division of Materials change radioactive not have this Safety, Security, State, and needed.
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 B In § 71.97(c)(3)(iii), remove the notification T.97(c)(3)(iii) title Division of Material Safety, Change of shipment Pg. T17 State, Tribal, and Rulemaking made to of irradiated Programs and add in its place program reactor fuel the title Division of Materials name and nuclear Safety, Security, State, and waste. Tribal Programs.