NCHPS Fall Meeting 2010 10 CFR Part 37 Update. Reference: IMPLEMENTATION GUIDANCE FOR 10 CFR PART 37 PHYSICAL PROTECTION OF BYPRODUCT MATERIAL CATEGORY.

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Presentation transcript:

NCHPS Fall Meeting CFR Part 37 Update

Reference: IMPLEMENTATION GUIDANCE FOR 10 CFR PART 37 PHYSICAL PROTECTION OF BYPRODUCT MATERIAL CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL (June 2010 / Draft) documents/Part37DraftGuidanceJune2010.pdf Available now on NRC website and ncradiation.net website – soon.

Transition from “Orders to Regs”: 10 CFR Part 37 establishes the objectives and minimum requirements that licensees must meet to protect against theft or diversion. These requirements are intended to increase the protection of the public against the unauthorized use of category 1 or category 2 quantities of radioactive material by reducing the risk of the theft or diversion (or sabotage) of the material.

General Overview: Extensive expansion of ICs with prescriptive documentation requirements, for example- Strategy development for each element of the “monitor, detect, assess, & respond” chain. Protocols and documentation for routine and non- routine system repair, calibration, testing, & revision. Routine and recurring documented training and testing of system users’ understanding and ability to use the system appropriately and effectively. Routine comprehensive program evaluations with self reported noncompliance findings and corrective actions.

NRC TO HOLD PUBLIC MEETINGS IN MARYLAND : Sept. 20 / 8:30 a.m. to 5 p.m Participate online at and by calling (888) (passcode 56389) for the audio. Contact Amanda Noonan in advance at (301) or The public comment period for the proposed rule ends Oct. 13.

Recommended Actions: Remember – they are not yet “final” only draft. Read the referenced Implementation Guide. Consider impact(s) on existing program(s). Discuss potential impacts with resource providers. Step back from existing compliance strategy and consider revision of “base” strategy such as leadership roles. (When is it a security mission and when a health physics mission?) Be sure and consider – 37.43(a)(2)

NC Path: Agency management will evaluate options to reach “compatibility” requirements as required by “Agreement” – Path will be a multi-phase timeline with orientation, comment, agreement, and compliance benchmarks (similar to original IC Orders).

Specific Items of Interest: Request for exemption – 37.11(a) “Actual Possession” vs. “Authorized to Possess” – 37.21(a) (also see pages 97-99) TRO must have Unescorted Access status – 37.23(b) “Approval” of TROs by Agency – 37.23(b) Verify True Identity – (a)(2) Credit History Check – 37.25(a)(6) “Local” Criminal History Check – 37.25(a)(7) “Grandfathering” – 37.25(b) Access Authorization Program review – 37.33

Expanded details of “program” required – (a)-(d). “Individual with overall responsibility for program” – (a)(2) Expanded details of “LLEA Coordination” – (a)-(b). New element  “Security Zones” – 37.47(a)-(d). Source verification requirement – (a)(3). Records for maintenance, testing & calibration – 37.51(b). Comprehensive Program Review requirement – 37.55(a)-(c). Specific Items of Interest:

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