Rule 391-3-17-.13. Physical Protection of Category 1 and Category 2 Quantities of Radioactive Materials

1. (1) Except as set forth in (2) and (3) below, this Rule incorporates by reference 10 CFR Part 37 with an Effective Date of December 30, 2019.

2. (2) The following provisions of 10 CFR Part 37 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:

   1. (a) 10 CFR 37.1, Purpose
   2. (b) 10 CFR 37.3, Scope
   3. (c) 10 CFR 37.7, Communications
   4. (d) 10 CFR 37.9, Interpretations
   5. (e) 10 CFR 37.11 (a-b), Specific Exemptions
   6. (f) 10 CFR 37.13, Information collection requirements: OMB approval
   7. (g) 10 CFR 37.105, Inspections
   8. (h) 10 CFR 37.109, Criminal penalties

3. (3) The following provisions of 10 CFR Part 37 are incorporated by reference with the specified changes:

   1. (a) "Commission," "Nuclear Regulatory Commission," "NRC," and "U.S. Nuclear Regulatory Commission," as used in the provisions of Part 37 of the Code of Federal Regulations that are incorporated by reference, mean the Georgia Environmental Protection Division, except:

      1. 1. 10 CFR 37.5 Definitions for: Commission, Fingerprint orders, Person,
      2. 2. 10 CFR 37.25(b)Grandfathering,
      3. 3. 10 CFR 37.27(a) and (c)General performance objective and requirements, Procedures for processing fingerprint checks,
      4. 4. 10 CFR 37.29(a)
      5. 5. 10 CFR 37.71 referring to NRC's license verification system,
      6. 6. 10 CFR 37.71"licensee of the Commission or an Agreement State" shall be deemed to be a reference to "licensee of the Georgia Environmental Protection Division, NRC or an Agreement State."

4. (4) In lieu of the address given in 10 CFR 37.27(c), licensee shall submit fingerprint cards or records to:

   U.S. Nuclear Regulatory Commission

   Director, Division of Physical and Cyber Security Policy

   Attn: Criminal History Program/Mail Stop - T-07D04M

   11545 Rockville Pike

   Rockville, MD 20852-2738

5. (5) Reference in 10 CFR 37 to the following NRC regulation shall be deemed a reference to the identified section(s) in Georgia DNR Subject 391-3-17:

   1. (a) NRC Regulation (10 CFR) 30.41(d) refers to 391-3-17-.02(19)

6. (6) License required reports of events or notifications as specified in the following sections shall be submitted to Georgia Department of Natural Resources, Environmental Protection Division, as specified in Georgia DNR Subject 391-3-17:

   1. (a) 10 CFR 37.41,
   2. (b) 10 CFR 37.45,
   3. (c) 10 CFR 37.57,
   4. (d) 10 CFR 37.77(a) - (d),
   5. (e) 10 CFR 37.81
7. (7) In lieu of the address given in 10 CFR 37.23(b)(2), licensee should provide oath or affirmation certifications to the Georgia Department of Natural Resources, Environmental Protection Division.

Authority: O.C.G.A. Section 31-13-1 et seq., as amended.

History. Original Rule entitled "Physical Protection of Category 1 and Category 2 Quantities of Radioactive Materials" adopted. F. Dec. 14, 2017; eff. Jan. 3, 2018.

Amended: F. Jan. 28, 2019; eff. Feb. 17, 2019.

Amended: F. Mar. 24, 2021; eff. Apr. 13, 2021.

Amended: F. Apr. 1, 2024; eff. Apr. 21, 2024.

Amended: F. Dec. 4, 2025; eff. Dec. 24, 2025.