ML22097A091

Maryland Cross Reference 2018-3

ML22097A091
Person / Time
Issue date:	03/30/2022
From:	Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
Shared Package
ML22097A063	List: ML22097A073 ML22097A076 ML22097A078 ML22097A091 ML22097A095 ML22097A097 ML22097A100 ML22097A102 ML22097A104 ML22136A225 ML22136A308
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 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 C

In § 34.101(c), remove the reference § 30.6(a)(2) and add in its place the reference § 30.6(b)(2).

No change required.

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 V.23(b)(ii).

Pg. V6 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 Specified MDE address where oath or certifications should be sent.

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 V.43(d)(ii),

(iii), (v), (vi),

(vii) and (viii). Pgs.

V18 and V19.

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 Language updated

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 Same as above 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 Language updated

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 Same as above 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 Language updated

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 Same as above 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 Language updated

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 Same as above 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 Language updated

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 Same as above 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 Language updated

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 V.45(b). Pg.

V20 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).

MDE referenced A.12. No change needed.

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.

V.77(a)(i).

Pg. V27 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.

MDE referenced A.12. No change needed.

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.

T.97(c)(3)(iii)

Pg. T17 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.

Change made to program name