ML21279A085

Ohio Cross Reference 2018-3

ML21279A085
Person / Time
Issue date:	10/04/2021
From:	Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
Shared Package
ML21279A031	List: ML21279A039 ML21279A040 ML21279A064 ML21279A085 ML21279A086 ML21279A087 ML21279A092 ML21279A098 ML21279A208 ML21279A211 ML21279A221 ML21279A223 ML21279A230 ML21279A233 ML21279A238 ML21279A244 ML21281A201
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 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 48-24 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

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(b)(2)

Access authorization program requirements 37-08(B)

B Reviewer note:

The Agreement States should have these certifications going to their agency, and not the NRC.

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:

§ 37.23 Access authorization program requirements.

(b) *

(2) Each licensee shall name one or more individuals to be

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 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 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 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 37-15 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

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" 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 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 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 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 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 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 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 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 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 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 procedures, or the list of individuals that have been approved for unescorted access.

§ 37.45(b)

LLEA coordination 37-16 B

Reviewer note:

The reference to 30.6(b)(2) is for the NRC regional offices.

The Agreement States should have their State agency information referenced as In § 37.45(b), remove the reference § 30.6(a)(2) and add in its place the reference § 30.6(b)(2).

N/A

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 this notification should go to the State agency, and not the NRC.

§ 37.77(a)(1)

Advance notification of shipment of category I quantities of radioactive material.

37-26(A)(1)

B

• Reviewer note:

The Agreement States should not have this NRC organization title in their equivalent regulations, since these 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.

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 notifications should go to their State Agency.

[See 78 FR

16990, Comment/

Response D.12]

§ 71.97(c)(3)

Advance notification of shipment of irradiated reactor fuel and nuclear waste.

50-23 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.