10 CFR 73.21, Protection of Safeguards Information: Performance Requirements

Protection of Safeguards Information: Performance Requirements

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(a) General performance requirement. (1) Each licensee, certificate holder, applicant, or other person who produces, receives, or acquires Safeguards Information (including Safeguards Information with the designation or marking: Safeguards Information -Modified Handling) shall ensure that it is protected against unauthorized disclosure. To meet this general performance requirement, such licensees, certificate holders, applicants, or other persons subject to this section shall:

(i) Establish, implement, and maintain an information protection system that includes the applicable measures for Safeguards Information specified in § 73.22 related to: Power reactors; a formula quantity of strategic special nuclear material; transportation of or delivery to a carrier for transportation of a formula quantity of strategic special nuclear material or more than 100 grams of irradiated reactor fuel; uranium hexafluoride production or conversion facilities; fuel fabrication facilities; uranium enrichment facilities; independent spent fuel storage installations; and geologic repository operations areas.

(ii) Establish, implement, and maintain an information protection system that includes the applicable measures for Safeguards Information specified in § 73.23 related to: Panoramic and underwater irradiators that possess greater than 370 TBq (10,000 Ci) of byproduct material in the form of sealed sources; manufacturers and distributors of items containing source material, or byproduct or special nuclear material in greater than or equal to Category 2 quantities of concern; research and test reactors that possess special nuclear material of moderate strategic significance or special nuclear material of low strategic significance; and transportation of source, byproduct, or special nuclear material in greater than or equal to Category 1 quantities of concern.

(iii) Protect the information in accordance with the requirements of § 73.22 if the Safeguards Information is not described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.

(2) Information protection procedures employed by Federal, State, Tribal, and local law enforcement agencies are presumed to meet the general performance requirement in paragraph (a)(1) of this section.

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(b) Commission Authority. (1) Pursuant to Section 147 of the Atomic Energy Act of 1954, as amended, the Commission may impose, by order or regulation, Safeguards Information protection requirements different from or in addition to those specified in this Part on any person who produces, receives, or acquires Safeguards Information.

(2) The Commission may require, by regulation or order, that information within the scope of Section 147 of the Atomic Energy Act of 1954, as amended, related to facilities or materials not specifically described in §§ 73.21, 73.22 or 73.23 be protected under this Part.

Federal Register

, as amended at 54 FR 17704, Apr. 25, 1989; 59 FR 38899, Aug. 1, 1994; 69 FR 2281, Jan. 14, 2004; 73 FR 63574, Oct. 24, 2008; 77 FR 34205, Jun. 11, 2012]

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NRC website 10 CFR 73.21

v t e Code of Federal Regulations
Title 10 Part 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Provisions, Purpose and scope 2, Definitions 3, Interpretations 4, Communications 5, Specific exemptions 6, 73.6 Exemptions for certain quantities and kinds of special nuclear material 8, Information collection requirements: OMB approval 20, General performance objective and requirements 21, Protection of Safeguards Information: Performance Requirements 22, Protection of Safeguards Information: Specific Requirements 23, Protection of Safeguards Information-Modified Handling: Specific Requirements 24, Prohibitions 25, Physical Protection of Special Nuclear Material in Transit, Performance capabilities for physical protection of strategic special nuclear material in transit 26, Transportation physical protection systems, subsystems, components, and procedures 27, Notification requirements 28, Security background checks for secure transfer of nuclear materials 35, Requirements for physical protection of irradiated reactor fuel (100 grams or less) in transit 37, Requirements for physical protection of irradiated reactor fuel in transit 38, Personnel access authorization requirements for irradiated reactor fuel in transit 40, Physical Protection Requirements at Fixed Sites, Physical protection: General requirements at fixed sites 45, Performance capabilities for fixed site physical protection systems 46, Fixed site physical protection systems, subsystems, components, and procedures 50, Requirements for physical protection of licensed activities 51, Requirements for the physical protection of stored spent nuclear fuel and high-level radioactive waste 54, Protection of digital computer and communication systems and networks 55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage 56, Personnel access authorization requirements for nuclear power plants 57, Requirements for criminal history records checks of individuals granted unescorted access to a nuclear power facility, a non-power reactor, or access to Safeguards Information 58, Safety/security interface requirements for nuclear power reactors 59, Relief from fingerprinting, identification and criminal history records checks and other elements of background checks for designated categories of individuals 60, Additional requirements for physical protection at nonpower reactors 61, Relief from fingerprinting and criminal history records check for designated categories of individuals permitted unescorted access to certain radioactive materials or other property. 67, Physical Protection of Special Nuclear Material of Moderate and Low Strategic Significance, Licensee fixed site and in-transit requirements for the physical protection of special nuclear material of moderate and low strategic significance. 70, Records and Reports, Records 71, Reporting of safeguards events 72, Requirement for advance notice of shipment of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, or irradiated reactor fuel 73, Requirement for advance notice and protection of export shipments of special nuclear material of low strategic significance 74, Requirement for advance notice and protection of import shipments of nuclear material from countries that are not party to the Convention on the Physical Protection of Nuclear Material 75, Posting 77, 80, Enforcement, Violations 81, Criminal penalties 1,200, Notification of physical security events Appendices: 10 CFR 73 Appendix B, Appendix B to Part 73-General Criteria for Security Personnel 10 CFR 73 Appendix D, Appendix D to Part 73--Physical Protection of Irradiated Reactor Fuel In Transit, Training Program Subject Schedule 10 CFR 73 Appendix E, Appendix E to Part 73--Levels of Physical Protection to Be Applied In International Transport of Nuclear Material 10 CFR 73 Appendix F, Appendix F to Part 73--Nations That Are Parties to the Convention On the Physical Protection of Nuclear Material 10 CFR 73 Appendix G, Appendix G to Part 73--Reportable Safeguards Events 10 CFR 73 Appendix H, Appendix H to Part 73--Weapons Qualification Criteria 10 CFR 73 Appendix I, Appendix I to Part 73-Category 1 and 2 Radioactive Materials

10 CFR 73.21, Protection of Safeguards Information: Performance Requirements

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10 CFR 73.21, Protection of Safeguards Information: Performance Requirements

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