ML21301A144
| ML21301A144 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/2021 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML21301A114 | List: |
| References | |
| Download: ML21301A144 (46) | |
Text
State Regulation, 20.3 NMAC Federal Regulation 10 CFR Comments 20.3.1.7 DEFINITIONS:
P. Department means the environment department, its successors, or its predecessors, the environmental improvement agency, or the environmental protection
[improvement] division of the [health and environment]
environment department.
RCB Correction To align with current department structure 20.3.3.7 DEFINITIONS:
D. Indian T[t]ribe means an Indian or Alaska native T[t]ribe, band, nation, pueblo, village, or community that the secretary of the interior acknowledges to exist as an Indian T[t]ribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a.
E. Tribal official means the highest ranking individual that represents T[t]ribal leadership, such as the chief, president, or T[t]ribal council leadership.
RATS 2015-5 category - B
§ 71.4 Definitions Indian Tribe means an Indian or Alaska Native Tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130.
10 CFR 71.4-wherever they may occur, remove the word tribe and add in its place the word Tribe, remove the word tribes and add in its place the word Tribes, and remove the word tribal and add in its place the word Tribal.
Base on RATS 2015-5 letter dated 12/31/15 20.3.3.301 EXEMPTIONS - UNIMPORTANT QUANTITIES OF SOURCE MATERIAL: C. Any person is exempt from the requirements for a license set forth in the Radiation Protection Act, NMSA 1978, Sections 74-3-1 through 16 [section 62 of the Atomic Energy] and from the regulations in this part and in 10 CFR Parts 19, 20, and 21 to the extent that such person receives, possesses, uses or transfers:
RATS 2013-2 Category - B
§ 40.13 Unimportant quantities of source material.
(c) Any person is exempt from the requirements for a license set forth in section 62 of the Act and from the regulations in this part and parts 19, 20, and 21 of this chapter to the extent that such person receives, possesses, uses, or transfers:
New Mexico references the Atomic Energy Act in its regulations. New Mexico needs to reference their State Radiation Control Act instead.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c).
NRC Review Comments letter dated 8/9/17
20.3.3.301 EXEMPTIONS - UNIMPORTANT QUANTITIES OF SOURCE MATERIAL: D(2)
Persons authorized to manufacture, process, or produce these materials or products containing source material by an agreement state, and persons who import finished products of parts, for sale or distribution must be authorized by a license issued pursuant to 10 CFR 40.52 for distribution only and are exempt from the requirements of 10 CFR 19 and 10 CFR 20 [20.3.3 NMAC and 20.3.4 NMAC], and 10 CFR 40.32(b) and (c).
RATS 2013-2 Category - B
§ 40.13 Unimportant quantities of source material.
(c)10(ii) Persons authorized to manufacture, process, or produce these materials or products containing source material by an Agreement State, and persons who import finished products or parts, for sale or distribution must be authorized by a license issued under § 40.52 for distribution only and are exempt from the requirements of parts 19 and 20 of this chapter, and § 40.32(b) and (c).
in 20.3.3.301.D(2), New Mexico replaced Parts 19 and 20 with their regulations. As this section applies to the NRC-issued distribution license, New Mexico needs to delete their regulations and insert 10 CFR Parts 19 and 20.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c).
NRC Review Comments letter dated 8/9/17 20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Exempt items.
1(b) Static elimination device. Devices designed for use as static eliminators which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 500 microcuries (18.5 megabecquerels) of polonium-210 per device. (c) Ion generating tube.
Devices designed for ionization of air which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 500 microcuries (18.5 megabecquerels) of polonium-210 per device or a total of not more than 50 millicuries (1.85 gigabecquerels) of hydrogen-3 (tritium) per device.
None
§30.15 Certain items containing byproduct material. (2)(i)
Static elimination devices which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 18.5 MBq (500 µCi) of polonium-210 per device.
(ii) Ion generating tubes designed for ionization of air that contain, as a sealed source or sources, byproduct material consisting of a total of not more than 18.5 MBq (500 µCi) of polonium-210 per device or of a total of not more than 1.85 GBq (50 mCi) of hydrogen-3 (tritium) per device.
RCB correction:
General licenses are no longer issued for static eliminators or Ion generating tubes. Static eliminators and Ion generating tubes are listed in expemptions in 10 CFR 30.15.
20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Exempt items.
2(b) Any person who desires to manufacture, process or produce, or initially transfer for sale or distribution self-luminous products containing tritium, krypton-85 or promethium-147 for use pursuant to Subparagraph (a) of this paragraph, shall apply to NRC for a license pursuant to 10 CFR 32.22, and for a certificate of registration in accordance with 10 CFR 32.210, [which license states that the product may be transferred by the licensee to persons exempt from the regulations pursuant to Subparagraph (a) of this paragraph or equivalent regulations of the NRC or an agreement state].
RATS 2012-4 Category - B
§ 30.19 Self-luminous products containing tritium, krypton-85, or promethium-147 (b) Any person who desires to manufacture, process, or produce, or initially transfer for sale or distribution self-luminous products containing tritium, krypton-85, or promethium-147 for use under paragraph (a) of this section, should apply for a license under § 32.22 of this chapter and for a certificate of registration in accordance with § 32.210 of this chapter.
New Mexico added the wording which license states that the product may be transferred by the licensee to persons exempt from the regulations pursuant to Subparagraph (a) of this paragraph or equivalent regulations of the NRC or an agreement state to New Mexicos equivalent regulations to 10 CFR 30.19(b). New Mexico needs to remove the wording indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 30.20.
NRC Review Comments letter dated 8/9/17
20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Exempt items.
(4)(a) Except for persons who manufacture, process, produce or initially transfer for sale or distribution gas and aerosol detectors containing byproduct material, any person is exempt from the licensing requirements in this part to the extent that such person receives, possesses, uses, transfers, owns or acquires byproduct material, in gas and aerosol detectors designed to protect health, safety [life] or property [from fires and airborne hazards],
and manufactured, processed, produced or initially transferred in accordance with a specific license issued by the NRC, pursuant to 10 CFR 32.26, which license authorizes the initial transfer of the product for use under this paragraph. This exemption also covers gas and aerosol detectors manufactured or distributed before November 30, 2007 in accordance with a specific license issued by the department, agreement state or non-agreement state under comparable provisions to 10 CFR 32.26 authorizing distribution to persons exempt from regulatory requirements.
RATS 2012-4 Category - B
§ 30.20 Gas and aerosol detectors containing byproduct material (a) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution gas and aerosol detectors containing byproduct material, any person is exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in parts 19, 20, 21, and 30 through 36 and 39 of this chapter to the extent that such person receives, possesses, uses, transfers, owns, or acquires byproduct material in gas and aerosol detectors designed to protect health, safety, or property, and manufactured, processed, produced, or initially transferred in accordance with a specific license issued under
§ 32.26 of this chapter, which license authorizes the initial transfer of the product for use under this section. This exemption also covers gas and aerosol detectors manufactured or distributed before November 30, 2007, in accordance with a specific license issued by a State under comparable provisions to § 32.26 of this chapter authorizing distribution to persons exempt from regulatory requirements.
New Mexico added the wording from fires or airborne hazards to New Mexicos equivalent regulations to 10 CFR 30.20(a). New Mexico needs to remove the wording indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 30.20.
New Mexico needs to remove the wording indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR30.20.
NRC Review Comments letter dated 8/9/17 and Based on RATS 2012-4 letter dated 10/23/15
20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Exempt items. (4)(b)
Any person who desires to manufacture, process or produce gas and aerosol detectors containing byproduct material, or to initially transfer such products for use pursuant to Subparagraph (a) of this paragraph, shall apply for a license to the NRC pursuant to 10 CFR 32.26,
[which license states that the product may be initially transferred by the licensee to persons exempt from the regulations pursuant to Subparagraph (a) or equivalent regulations of the NRC or an agreement state of this paragraph] and for a certificate of registration in accordance with 10 CFR 32.210.
RATS 2012-4 Category - B
§ 30.20 Gas and aerosol detectors containing byproduct material (b) Any person who desires to manufacture, process, or produce gas and aerosol detectors containing byproduct material, or to initially transfer such products for use under paragraph (a) of this section, should apply for a license under
§ 32.26 of this chapter and for a certificate of registration in accordance with § 32.210 of this chapter.
New Mexico added the wording which license states that the product may be transferred by the licensee to persons exempt from the regulations pursuant to Subparagraph (a) of this paragraph or equivalent regulations of the NRC or an agreement state to New Mexicos equivalent regulations to 10 CFR 30.19(b). New Mexico needs to remove the wording indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 30.20.
NRC Review Comments letter dated 8/9/17 20.3.3.304 GENERAL LICENSES - SOURCE MATERIAL:
B. Small quantities of source material.
A general license is hereby issued authorizing commercial and industrial firms; research, educational, and medical institutions; and federal, state, and local government agencies to receive, possess, use, and transfer uranium and thorium, in their natural isotopic concentrations and in the form of depleted uranium, for research, development, educational, commercial, or operational purposes in the following forms and quantities:
RATS 2013-2 Category - B
§ 40.22 Small quantities of source material (a) A general license is hereby issued authorizing commercial and industrial firms; research, educational, and medical institutions; and Federal, State, and local government agencies to receive, possess, use, and transfer uranium and thorium, in their natural isotopic concentrations and in the form of depleted uranium, for research, development, educational, commercial, or operational purposes in the following forms and quantities:
New Mexico omits the word isotopic from its equivalent regulation.
New Mexico needs to add the word isotopic where indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.22(a).
NRC Review Comments letter dated 8/9/17
20.3.3.304 GENERAL LICENSES - SOURCE MATERIAL:
B. Small quantities of source material. (1)
No more than 1.5 kg (3.3 lb) of uranium and thorium in dispersible forms (e.g., gaseous, liquid, powder, etc.) at any one time. Any material processed by the general licensee that alters the chemical or physical form of the material containing source material must be accounted for as a dispersible form. A person authorized to possess, use, and transfer source material under Subsection B of this section may not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year. Persons possessing source material in excess of these limits as of August 27, 2013, may continue to possess up to 7 kg (15.4 lb) of uranium and thorium at any one time for one year beyond this date, or until the department takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material and receive up to 70 kg (154 lb) of uranium or thorium in any one calendar year until December 31, 2014, or until the department takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and
§ 40.22 Small quantities of source material. (1)
No more than 1.5 kg (3.3 lb) of uranium and thorium in dispersible forms (e.g., gaseous, liquid, powder, etc.) at any one time. Any material processed by the general licensee that alters the chemical or physical form of the material containing source material must be accounted for as a dispersible form. A person authorized to possess, use, and transfer source material under this paragraph may not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year. Persons possessing source material in excess of these limits as of August 27, 2013, may continue to possess up to 7 kg (15.4 lb) of uranium and thorium at any one time for one year beyond this date, or until the Commission takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and receive up to 70 kg (154 lb) of uranium or thorium in any one calendar year until December 31, 2014, or until the Commission takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and RCB correction to align with Federal regulations
20.3.3.304 GENERAL LICENSES - SOURCE MATERIAL:
B. Small quantities of source material.
(2) No more than a total of 7 kg (15.4 lb) of uranium and thorium at any one time. A person authorized to possess, use, and transfer source material under Subsection B of this section may not receive more than a total of 70 kg (154 lb) of uranium and thorium in any one calendar year.
A person may not alter the chemical or physical form of the source material possessed under this paragraph unless it is accounted for under the limits of Subsection B(1) of this section; or RATS 2013-2 Category - B
§ 40.22 Small quantities of source material.
(2) No more than a total of 7 kg (15.4 lb) of uranium and thorium at any one time. A person authorized to possess, use, and transfer source material under this paragraph may not receive more than a total of 70 kg (154 lb) of uranium and thorium in any one calendar year. A person may not alter the chemical or physical form of the source material possessed under this paragraph unless it is accounted for under the limits of paragraph (a)(1) of this section; or New Mexico omits the word or between their equivalent regulations to 40.22(a)(2) and (3). New Mexico needs to add the word or as indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.22(a).
NRC Review Comments letter dated 8/9/17 20.3.3.304 GENERAL LICENSES - SOURCE MATERIAL:
F. No person may initially transfer or distribute source material to persons generally licensed under Subsection B(1) and (2) of this section, or equivalent regulations of an agreement state, unless authorized by a specific license in accordance with 10 CFR 40.54 or [and] equivalent provisions of an agreement state [regulations under 20.3.3.307 NMAC]. This prohibition does not apply to analytical laboratories returning processed samples to the client who initially provided the sample. Initial distribution of source material to persons generally licensed by Subsection A of this section before August 27, 2013, without specific authorization may continue for 1 year beyond this date. Distribution may also be continued until the NRC takes final action on a pending application for a license or license amendment to specifically authorize distribution submitted on or before August 27, 2014.
RATS 2013-2 Category - B
§ 40.22 Small quantities of source material. (e)
No person may initially transfer or distribute source material to persons generally licensed under paragraph (a)(1) or (2) of this section, or equivalent regulations of an Agreement State, unless authorized by a specific license issued in accordance with § 40.54 or equivalent provisions of an Agreement State.
This prohibition does not apply to analytical laboratories returning processed samples to the client who initially provided the sample. Initial distribution of source material to persons generally licensed by paragraph (a) of this section before August 27, 2013, without specific authorization may continue for 1 year beyond this date. Distribution may also be continued until the Commission takes final action on a pending application for license or license amendment to specifically authorize distribution submitted on or before August 27, 2014.
New Mexico omits the word or between their equivalent regulations to 40.22(a)(2) and (3).
New Mexico omits the word or and inserts and in their equivalent regulations to 40.22(e) as follows:
unless authorized by a specific license issued in accordance with
§40.54 or equivalent provisions of an Agreement State.
New Mexico needs to add the word or as indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR40.22(a). NRC Review Comments letter dated 8/9/17
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
A. Certain devices and equipment.
Reserved
[A general license is hereby issued to transfer, receive, acquire, own, possess and use radioactive material incorporated in the following devices or equipment which have been manufactured, tested and labeled by the manufacturer in accordance with the specifications in a specific license issued to the manufacturer by the NRC.]
None Removed as requested by NRC Michelle Beardsley. General licenses are no longer issued for static elimenators or Ion generating tubes.
Static elimenators and Ion generating tubes are listed in expemptions in 10 CFR 30.15.
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
A. Certain devices and equipment.
[(3) Devices authorized before October 23, 2012 for use under the general license provided in 10 CFR 31.3 and in this section and manufactured, tested, and labeled by the manufacturer in accordance with the specifications contained in a specific license issued by the NRC or an agreement state.]
RATS 2012-4 Category - B 10 CFR 31.3 has been removed from NRC regulations 10 CFR 31.3 has been removed from NRC regulations. New Mexico has not omitted its equivalent regulation in NMAC 20.3.3.305.A.
New Mexico needs to remove their equivalent regulation to 10 CFR 31.3 to meet the Compatibility Category B designation assigned to 10 CFR 31.3.
NRC Review Comments letter dated 8/9/17
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
B. Certain detecting, measuring, gauging or controlling devices and certain devices for producing light or an ionized atmosphere. (1) A general license is hereby issued as required by 20.3.3.305B(3)(m) of this section to commercial and industrial firms and research, educational and medical institutions, individuals in the conduct of their business, and federal, state or local government agencies to receive, acquire, possess, use or transfer, in accordance with the provisions of Paragraphs (2), (3), and (4) of this subsection, byproduct [radioactive] material contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing light or an ionized atmosphere, and the device has been registered in the sealed source and device registry.
§ 31.5 Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere (a) A general license is hereby issued to commercial and industrial firms and research, educational and medical institutions, individuals in the conduct of their business, and Federal, State or local government agencies to acquire, receive, possess, use or transfer, in accordance with the provisions of paragraphs (b),
(c) and (d) of this section, byproduct material contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing light or an ionized atmosphere.
RCB correction to align with Federal regulations
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
B. Certain detecting, measuring, gauging or controlling devices and certain devices for producing light or an ionized atmosphere. (2) The general license in Paragraph (1) of this subsection applies only to byproduct [radioactive] material contained in devices which have been manufactured or initially transferred and labeled in accordance with the specifications contained in:
§ 31.5 Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere (b)(1) The general license in paragraph (a) of this section applies only to byproduct material contained in devices which have been manufactured or initially transferred and labeled in accordance with the specifications contained in RCB correction to align with Federal regulations 20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
B. Certain detecting, measuring, gauging or controlling devices and certain devices for producing light or an ionized atmosphere. (3) Any person who receives, acquires, possesses, uses or transfers [radioactive] byproduct material in a device pursuant to the general license in Paragraph (1) of this subsection shall comply with the following.
§ 31.5 Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere (c) Any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to the general license in paragraph (a) of this section:
RCB correction to align with Federal regulations
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft.
(1)(b) each device has been manufactured, assembled or initially transferred in accordance with a license issued under the provisions of [in] 10 CFR 32.53 [Subsection F of 20.3.3.315 NMAC], or manufactured or assembled in accordance with a specific license issued by the NRC [or an agreement state which authorizes manufacture or assembly of the device for distribution to persons generally licensed by the NRC or an agreement state, and the device has been registered in the sealed source and device registry];
§ 31.7 Luminous safety devices for use in aircraft.
(a) A general license is hereby issued to own, receive, acquire, possess, and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided each device contains not more than 10 curies of tritium or 300 millicuries of promethium-147 and that each device has been manufactured, assembled or initially transferred in accordance with a license issued under the provisions of § 32.53 of this chapter or manufactured or assembled in accordance with a specific license issued by an Agreement State which authorizes manufacture or assembly of the device for distribution to persons generally licensed by the Agreement State.
RCB Correction: New Mexico does not have licensees subject to this regulation
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft. (2)
The applicant [Each person licensed under 10 CFR 32.53 or equivalent agreement state regulations] shall subject at least five prototypes of the device to tests [the required tests and satisfactorily pass the required tests] as follows:
RATS 2012-4 Category - B
§ 32.53 Luminous safety devices for use in aircraft:
Requirements for license to manufacture, assemble, repair or initially transfer. (e) The applicant shall subject at least five prototypes of the device to tests as follows:
New Mexicos equivalent regulations to 32.53(e) contain additional wording (highlighted), (e) Each person licensed under 10 CFR 32.53 or equivalent agreement state regulations shall subject at least five prototypes of the device to the required tests and satisfactorily pass the required tests as follows:.
New Mexico needs to remove this wording as it is not essentially identical.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 32.53(e). NRC Review Comments letter dated 8/9/17 20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft. (3)
Each person licensed under 10 CFR 32.55 or 20.3.3.305(C) NMAC [equivalent agreement state regulations] shall visually inspect each device and shall reject any that has an observable physical defect that could adversely affect containment of the tritium or promethium-147.
RATS 2012-4 Category - B
§ 32.55 Same: Quality assurance; prohibition of transfer.
(a) Each person licensed under § 32.53 shall visually inspect each device and shall reject any that has an observable physical defect that could adversely affect containment of the tritium or promethium-147.
Throughout New Mexicos equivalent regulations to 32.55, they add the phrase, and equivalent Agreement State regulations. New Mexico needs to omit this phrase and insert their equivalent regulation to 32.53, i.e. 20.3.3.305(C).
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 32.55. NRC Review Comments letter dated 8/9/17
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft. (4)
Each person licensed under 10 CFR 32.53 or 20.3.3.305(C)
NMAC [equivalent agreement state regulations] shall:
(a) maintain quality assurance systems in the manufacture of the luminous safety device in a manner sufficient to provide reasonable assurance that the safety-related components of the distributed devices are capable of performing their intended functions; and (b) subject inspection lots to acceptance sampling procedures, by procedures specified in Subparagraph C(2) of this section and in the license issued under 10 CFR 32.53 or 20.3.3.305(C) NMAC [equivalent agreement state regulations] to provide at least ninety-five percent confidence that the lot tolerance percent defective of five percent will not be exceeded.
RATS 2012-4 Category - B
§ 32.55 Same: Quality assurance; prohibition of transfer.
(b) Each person licensed under § 32.53 shall:
(1) Maintain quality assurance systems in the manufacture of the luminous safety device in a manner sufficient to provide reasonable assurance that the safety-related components of the distributed devices are capable of performing their intended functions; and (2) Subject inspection lots to acceptance sampling procedures, by procedures specified in paragraph (c) of this section and in the license issued under § 32.53, to provide at least 95 percent confidence that the Lot Tolerance Percent Defective of 5.0 percent will not be exceeded.
Throughout New Mexicos equivalent regulations to 32.55, they add the phrase, and equivalent Agreement State regulations. New Mexico needs to omit this phrase and insert their equivalent regulation to 32.53, i.e. 20.3.3.305(C).
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 32.55. NRC Review Comments letter dated 8/9/17
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft.
(5)(b) inspection [inspect the inspection lot] for evidence of physical damage, containment failure, or loss of tritium or promethium-147 after each stage of testing, using methods of inspection adequate for applying the following criteria for defective: [using the following methods of inspection]:
RATS 2012-4 Category - B
§ 32.55 Same: Quality assurance; prohibition of transfer.
C(2) Inspection for evidence of physical damage, containment failure, or for loss of tritium or promethium-147 after each stage of testing, using methods of inspection adequate for applying the following criteria for defective:
Also, New Mexicos regulations contain the following added language:
(2) Inspection [inspect the inspection lot] for evidence of physical damage, containment failure, or for loss of tritium or promethium-147 after each stage of testing, [using the following methods of inspection]
using methods of inspection adequate for. New Mexico needs to delete this additional language as it is not essentially identical to 32.55.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 32.55. NRC Review Comments letter dated 8/9/17
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft.
(5)(b)(iii) any other criteria specified in the license issued under 10 CFR 32.53 or 20.3.3.305(C) NMAC
[equivalent agreement state regulations]
RATS 2012-4 Category - B
§ 32.55 Same: Quality assurance; prohibition of transfer.
(c) The licensee shall subject each inspection lot to:
(iii) Any other criteria specified in the license issued under § 32.53.
Throughout New Mexicos equivalent regulations to 32.55, they add the phrase, and equivalent Agreement State regulations. New Mexico needs to omit this phrase and insert their equivalent regulation to 32.53, i.e. 20.3.3.305(C).
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 32.55. NRC Review Comments letter dated 8/9/17 20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft. (6)
No person licensed under 10 CFR 32.53 or 20.3.3.305(C)
NMAC [equivalent agreement state regulations] shall transfer [the following luminous safety devices] to persons generally licensed pursuant to 10 CFR 31.7 or under an equivalent general license of an agreement state:
RATS 2012-4 Category - B
§ 32.55 Same: Quality assurance; prohibition of transfer.
(d) No person licensed under § 32.53 shall transfer to persons generally licensed under § 31.7 of this chapter, or under an equivalent general license of an Agreement State:
(1) Any luminous safety device tested and found defective under any condition of a license issued under § 32.53, or paragraph (b) of this section, unless the defective luminous safety device has been repaired or reworked, retested, and determined by an independent inspector to meet the applicable acceptance criteria; or Throughout New Mexicos equivalent regulations to 32.55, they add the phrase, and equivalent Agreement State regulations. New Mexico needs to omit this phrase and insert their equivalent regulation to 32.53, i.e. 20.3.3.305(C).
NRC Review Comments letter dated 8/9/17
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft. (6)(b) any luminous safety device contained within any lot that has been sampled and rejected as a result of the procedures in Subsection C(4)(b) of this section, unless a procedure for defining sub-lot size, independence, and additional testing procedures is contained in the license issued under 10 CFR 32.53 or 20.3.3.305(C) NMAC
[equivalent agreement state regulations] and each individual sub-lot is sampled, tested, and accepted in accordance with Subsection C(2) of this section and any other criteria that may be required as a condition of the license issued under 10 CFR 32.53 or 20.3.3.305(C) NMAC
[equivalent agreement state regulations].
RATS 2012-4 Category - B
§ 32.55 Same: Quality assurance; prohibition of transfer.
(d)
(2) Any luminous safety device contained within any lot that has been sampled and rejected as a result of the procedures in paragraph (b)(2) of this section, unless:
(i) A procedure for defining sub-lot size, independence, and additional testing procedures is contained in the license issued under § 32.53; and (ii) Each individual sub-lot is sampled, tested, and accepted in accordance with paragraphs (b)(2) and (d)(2)(i) of this section and any other criteria that may be required as a condition of the license issued under § 32.53.
Throughout New Mexicos equivalent regulations to 32.55, they add the phrase, and equivalent Agreement State regulations. New Mexico needs to omit this phrase and insert their equivalent regulation to 32.53, i.e. 20.3.3.305(C).
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 32.55. NRC Review Comments letter dated 8/9/17 20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section:
(1) commission means the [department or] NRC except a specified in subsection (4) below; RATS 2015-3 category - B 10 CFR 71 PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL-See attachment 10 CFR 71_20.3.3.306 Amendments Highlighted NM states that references to the "Commission" means the "department or NRC." NM needs to delete this statement and explicitly specify that the term "commission" applies to the NRC. NM needs to make the changes indicated above to meet the various Compatibility Category designations assigned to 10 CFR Part 71.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section:
(4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - B
§ 71.17 General license: NRC-approved package. (a) A general license is issued to any licensee of the Commission to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance (CoC), or other approval has been issued by the NRC.
(b) This general license applies only to a licensee who has a quality assurance program approved by the Commission as satisfying the provisions of subpart H of this part.
NM needs to indicate that the references to the "Commission" and "NRC" in this section should be replaced with the NM agency. NM needs to make the change indicated above to meet the Compatibility Category B designation assined to 10 CFR 71.17 a.
NM needs to make the changes indicated above to meet the Compatibility Category B designation assigned to 10 CFR 71.17 b.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section:
(4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - B
§ 71.21 General license: Use of foreign approved package.
(a) A general license is issued to any licensee of the Commission to transport, or to deliver to a carrier for transport, licensed material in a package, the design of which has been approved in a foreign national competent authority certificate, that has been revalidated by the DOT as meeting the applicable requirements of 49 CFR 171.23.
(b) Except as otherwise provided in this section, the general license applies only to a licensee who has a quality assurance program approved by the Commission as satisfying the applicable provisions of subpart H of this part.
(c) This general license applies only to shipments made to or from locations outside the United States.
(d) Each licensee issued a general license under paragraph (a) of this section shall (1) Maintain a copy of the applicable certificate, the revalidation, and the drawings and other documents referenced in the certificate, relating to the use and maintenance of the packaging and to the actions to be taken before shipment; and (2) Comply with the terms and conditions of the certificate and revalidation, and with the applicable requirements of subparts A, G, and H of this part.
NM needs to indicate that the references to the "Commission" in this section should be replaced with the NM agency.
NM needs to make the change indicated above to meet the Compatibility Category B designation assigned to 10 CFR 71.21.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - C
§ 71.91 Records.
(c) The licensee, certificate holder, and an applicant for a CoC, shall make available to the Commission for inspection, upon reasonable notice, all records required by this part.
Records are only valid if stamped, initialed, or signed and dated by authorized personnel, or otherwise authenticated.
As the NRC has sole authority for issuing a Certificate of Compliance (COC), NM needs to indicate that the terms "certificate holder, and applicant for a COC" in this section apply to the NRC.
NM needs to indicate that the references to the "Commission" in this section should be replaced with the NM agency.
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.91 c.
NRC Review Comments letter dated 1/16/18 20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - C
§ 71.91 Records.
(d) The licensee, certificate holder, and an applicant for a CoC shall maintain sufficient written records to furnish evidence of the quality of packaging. The records to be maintained include results of the determinations required by
§ 71.85; design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of maintenance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability, and the action taken in connection with any deficiencies noted. These records must be retained for 3 years after the life of the packaging to which they apply.
As the NRC has sole authority for issuing a Certificate of Compliance, NM needs to indicate that the terms "certificate holder, and applicant for a COC" in this section apply to the NRC.
NM needs to indicate that the references to the "Commission" in this section should be replaced with the NM agency.
NM needs to make the changes indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.91 d.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - C
§ 71.101 Quality assurance requirements. (c)
Approval of program. (1)
Before the use of any package for the shipment of licensed material subject to this subpart, each licensee shall obtain Commission approval of its quality assurance program. Using an appropriate method listed in § 71.1(a), each licensee shall file a description of its quality assurance program, including a discussion of which requirements of this subpart are applicable and how they will be satisfied, by submitting the description to: ATTN: Document Control Desk, Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards.
NM needs to indicate that the references to the "Commission" in this section should be replaced with the NM agency.
NM needs to indicate that their licensee's quality assurance programs should be sent to the NM agency and indicate the mailing address for the NM Agency.
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.101 c 1.
NRC Review Comments letter dated 1/16/18 20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category -C
§ 71.106 Changes to quality assurance program.
(a) Each quality assurance program approval holder shall submit, in accordance with § 71.1(a), a description of a proposed change to its NRC-approved quality assurance program that will reduce commitments in the program description as approved by the NRC. The quality assurance program approval holder shall not implement the change before receiving NRC approval.
NM needs to indicate that the references to the "Commission" in this section should be replaced with the NM agency.
NM needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.106 a.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - C
§ 71.106 Changes to quality assurance program.
(a)
(1) The description of a proposed change to the NRC-approved quality assurance program must identify the change, the reason for the change, and the basis for concluding that the revised program incorporating the change continues to satisfy the applicable requirements of subpart H of this part.
NM needs to indicate that the references to the "NRC" in this section should be replaced with the NM agency.
NM needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.106 a 1.
NRC Review Comments letter dated 1/16/18 20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - C
§ 71.106 Changes to quality assurance program. (b)
Each quality assurance program approval holder may change a previously approved quality assurance program without prior NRC approval, if the change does not reduce the commitments in the quality assurance program previously approved by the NRC. Changes to the quality assurance program that do not reduce the commitments shall be submitted to the NRC every 24 months, in accordance with § 71.1(a). In addition to quality assurance program changes involving administrative improvements and clarifications, spelling corrections, and non-substantive changes to punctuation or editorial items, the following changes are not considered reductions in commitment:
NM needs to indicate that the references to the "NRC" in this section should be replaced with the NM agency.
NM needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.106 b.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
71.106(a)(1), 71.106(b) and 71.106(b)(1).
RATS 2015-3 category - B
§ 71.106 Changes to quality assurance program.
(b)(1) The use of a quality assurance standard approved by the NRC that is more recent than the quality assurance standard in the certificate holder's or applicant's current quality assurance program at the time of the change; NM needs to indicate that the references to the "Commission" and "NRC" in this section should be replaced with the NM agency. NM needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.106 b 1.
NRC Review Comments letter dated 1/16/18 20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (5) all reference in 10 CRF to certificate holder, applicant and applicant for a certificate of compliance (COC) apply to the NRC as follows 71.91(c), 71.91(d), 71.101(a),
71.101(b), 71.103(a) and 71.135.
RATS 2015-3 category - C
§ 71.91 Records.
(c) The licensee, certificate holder, and an applicant for a CoC, shall make available to the Commission for inspection, upon reasonable notice, all records required by this part.
Records are only valid if stamped, initialed, or signed and dated by authorized personnel, or otherwise authenticated.
As the NRG has sole authority for issuing a Certificate of Compliance (COC), NM needs to indicate that the terms "certificate holder, and applicant for a COC" in this section apply to the NRG.
NM needs to indicate that the references to the "Commission" in this section should be replaced with the NM agency.
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.91 c.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (5) all reference in 10 CRF to certificate holder, applicant and applicant for a certificate of compliance (COC) apply to the NRC as follows 71.91(c), 71.91(d), 71.101(a),
71.101(b), 71.103(a) and 71.135.
RATS 2015-3 category - C
§ 71.91 Records (d) The licensee, certificate holder, and an applicant for a CoC shall maintain sufficient written records to furnish evidence of the quality of packaging. The records to be maintained include results of the determinations required by
§ 71.85; design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of maintenance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability, and the action taken in connection with any deficiencies noted. These records must be retained for 3 years after the life of the packaging to which they apply.
As the NRC has sole authority for issuing a Certificate of Compliance, NM needs to indicate that the terms "certificate holder, and applicant for a COG" in this section apply to the NRC.
NM needs to indicate that the references to the "Commission" in this section should be replaced with the NM agency.
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.91 d.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (5) all reference in 10 CRF to certificate holder, applicant and applicant for a certificate of compliance (COC) apply to the NRC as follows 71.91(c), 71.91(d), 71.101(a),
71.101(b), 71.103(a) and 71.135.
RATS 2015-3 category -C
§ 71.101 Quality assurance requirements (a)
Purpose. This subpart describes quality assurance requirements applying to design, purchase, fabrication, handling, shipping, storing, cleaning, assembly, inspection, testing, operation, maintenance, repair, and modification of components of packaging that are important to safety. As used in this subpart, "quality assurance" comprises all those planned and systematic actions necessary to provide adequate confidence that a system or component will perform satisfactorily in service. Quality assurance includes quality control, which comprises those quality assurance actions related to control of the physical characteristics and quality of the material or component to predetermined requirements. Each certificate holder and applicant for a package approval is responsible for satisfying the quality assurance requirements that apply to design, fabrication, testing, and modification of packaging subject to this subpart. Each licensee is responsible for satisfying the quality assurance requirements that apply to its use of a packaging for the shipment of licensed material subject to this subpart.
As the NRC has sole authority for issuing a Certificate of Compliance, NM needs to indicate that the terms "certificate holder, and applicant for a COC" in this section apply to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.101 a.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (5) all reference in 10 CRF to certificate holder, applicant and applicant for a certificate of compliance (COC) apply to the NRC as follows 71.91(c), 71.91(d), 71.101(a),
71.101(b), 71.103(a) and 71.135.
RATS 2015-3 category - C
§ 71.101 Quality assurance requirements (b)
Establishment of program. Each licensee, certificate holder, and applicant for a CoC shall establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria of §§ 71.101 through 71.137 and satisfying any specific provisions that are applicable to the licensee's activities including procurement of packaging. The licensee, certificate holder, and applicant for a CoC shall execute the applicable criteria in a graded approach to an extent that is commensurate with the quality assurance requirement's importance to safety.
As the NRC has sole authority for issuing a Certificate of Compliance, NM needs to indicate that the terms "certificate holder, and applicant for a COC" in this section apply to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.101 b.
NRC Review Comments letter dated 1/16/18 20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (5) all reference in 10 CRF to certificate holder, applicant and applicant for a certificate of compliance (COC) apply to the NRC as follows 71.91(c), 71.91(d), 71.101(a),
71.101(b), 71.103(a) and 71.135.
RATS 2015-3 category - C
§ 71.103 Quality assurance organization.
(a) The licensee, certificate holder, and applicant for a Certificate of Compliance shall be responsible for the establishment and execution of the quality assurance program. The licensee, certificate holder, and applicant for a Certificate of Compliance may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, or any part of the quality assurance program, but shall retain responsibility for the program. These activities include performing the functions associated with attaining quality objectives and the quality assurance functions.
As the NRC has sole authority for issuing a Certificate of Compliance, NM needs to indicate that the terms "certificate holder, and applicant for a COC" in this section apply to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.103 a.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
C. The following modifications are made to the incorporated federal regulations in this section: (5) all reference in 10 CRF to certificate holder, applicant and applicant for a certificate of compliance (COC) apply to the NRC as follows 71.91(c), 71.91(d), 71.101(a),
71.101(b), 71.103(a) and 71.135.
RATS 2015-3 category - C
§ 71.135 Quality assurance records.
The licensee, certificate holder, and applicant for a Certificate of Compliance shall maintain sufficient written records to describe the activities affecting quality. These records must include changes to the quality assurance program as required by § 71.106, the instructions, procedures, and drawings required by § 71.111 to prescribe quality assurance activities, and closely related specifications such as required qualifications of personnel, procedures, and equipment. The records must include the instructions or procedures that establish a records retention program that is consistent with applicable regulations and designates factors such as duration, location, and assigned responsibility. The licensee, certificate holder, and applicant for a Certificate of Compliance shall retain these records for 3 years beyond the date when the licensee, certificate holder, and applicant for a Certificate of Compliance last engage in the activity for which the quality assurance program was developed. If any portion of the quality assurance program, written procedures or instructions is superseded, the licensee, certificate holder, and applicant for a Certificate of Compliance shall retain the superseded material for 3 years after it is superseded.
As the NRC has sole authority for issuing a Certificate of Compliance, NM needs to indicate that the terms "certificate holder, and applicant for a COC" in this section apply to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.135.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61, 71.63, 71.64, 71.65, 71.70, 71.71, 71.73, 71.74, 71.75, 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e),
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
RATS 2015-3 category - NRC
§ 71.11 Protection of Safeguards Information Each licensee, certificate holder, or applicant for a Certificate of Compliance for a transportation package for transport of irradiated reactor fuel, strategic special nuclear material, a critical mass of special nuclear material, or byproduct material in quantities determined by the Commission through order or regulation to be significant to the public health and safety or the common defense and security, shall protect Safeguards Information against unauthorized disclosure in accordance with the requirements in § 73.21 and the requirements of § 73.22 or § 73.23 of this chapter, as applicable.
NM needs to except 71.11, 71.70, 71.85(a)-(c), and 71.91{b) from incorporation by reference as they are reserved to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category NRC designation assigned to 10 CFR 71.11, 71.70, 71.85(a)-(c), and 71.91 b.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61, 71.63, 71.64, 71.65, 71.70, 1.71, 71.73, 71.74, 71.75, 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e),
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
RATS 2015-3 category - NRC
§ 71.70 Incorporations by reference. (a)
The materials listed in this section are incorporated by reference in the corresponding sections noted and made a part of the regulations in part 71. These incorporations by reference were approved by the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval. A notice of any changes made to the material incorporated by reference will be published in the Federal Register, and the material must be available to the public.
The materials can be examined, by appointment, at the NRC's Technical Library, which is located at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-7000; email: Library.Resource@nrc.gov.
The materials are also available from the sources listed below. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 1-202-741-6030 or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
NM needs to except 71.11, 71.70, 71.85(a)-(c), and 71.91{b) from incorporation by reference as they are reserved to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category NRC designation assigned to 10 CFR 71.11, 71.70, 71.85(a)-(c), and 71.91 b.
NRC Review Comments letter dated 1/16/18
§ 71.70 Incorporations by reference. Continued (b) International Organization for Standardization, ISO Central Secretariat, Chemin de Blandonnet 8 CP 401, 1214 Vernier, Geneva, Switzerland; email: central@iso.org; phone:
+41 22 749 01 11; Web site: http://www.iso.org.
(1) ISO 9978:1992(E), "Radiation protectionSealed radioactive sourcesLeakage test methods," First Edition (February 15, 1992), incorporation by reference approved for
§ 71.75(a), is available for purchase from the American National Standards Institute, 25 West 43rd Street, 4th Floor, New York, NY 10036, 212-642-4900, http://www.ansi.org, or info@ansi.org.
(2) ISO 2919:1999(E), "Radiation protectionSealed radioactive sourcesGeneral requirements and classification," Second Edition (February 15, 1999),
incorporation by reference approved for § 71.75(d), is available on http://www.amazon.com.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61, 71.63, 71.64, 71.65, 71.70, 71.71, 71.73, 71.74, 71.75, 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e),
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
RATS 2015-3 category - NRC
§ 71.85 Preliminary determinations.
Before the first use of any packaging for the shipment of licensed material (a) The certificate holder shall ascertain that there are no cracks, pinholes, uncontrolled voids, or other defects that could significantly reduce the effectiveness of the packaging; (b) Where the maximum normal operating pressure will exceed 35 kPa (5 lbf/in2) gauge, the certificate holder shall test the containment system at an internal pressure at least 50 percent higher than the maximum normal operating pressure, to verify the capability of that system to maintain its structural integrity at that pressure; (c) The certificate holder shall conspicuously and durably mark the packaging with its model number, serial number, gross weight, and a package identification number assigned by the NRC. Before applying the model number, the certificate holder shall determine that the packaging has been fabricated in accordance with the design approved by the Commission; and (d) The licensee shall ascertain that the determinations in paragraphs (a) through (c) of this section have been made.
NM needs to except 71.11, 71.70, 71.85(a)-(c), and 71.91{b) from incorporation by reference as they are reserved to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category NRC designation assigned to 10 CFR 71.11, 71.70, 71.85(a)-(c), and 71.91 b.
NRC Review Comments letter dated 1/16/18
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61, 71.63, 71.64, 71.65, 71.70, 71.71, 71.73, 71.74, 71.75, 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e),
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
RATS 2015-3 category - NRC
§ 71.91 Records.
(b) Each certificate holder shall maintain, for a period of 3 years after the life of the packaging to which they apply, records identifying the packaging by model number, serial number, and date of manufacture.
NM needs to except 71.11, 71.70, 71.85(a)-(c), and 71.91{b) from incorporation by reference as they are reserved to the NRC.
NM needs to make the change indicated above to meet the Compatibility Category NRC designation assigned to 10 CFR 71.11, 71.70, 71.85(a)-(c), and 71.91 b.
NRC Review Comments letter dated 1/16/18 20.3.3.307 FILING APPLICATION FOR SPECIFIC LICENSES:
E. An application for a specific license of category 1 and category 2 quantities of radioactive material shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:
(1) any reference to the commission or NRC shall be deemed a reference to the department; (2) 10 CFR 37.5 definitions of agreement state, byproduct material, commission and person shall not be applicable; (3) 10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),
10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; and (4) the license required report of events or notification in 10 CFR 37.45, 10 CFR 37.57, 10 CFR 37.77(a) through (d), and 10 CFR 37.81 shall use the following address: New Mexico Environment Department/RCB, P.O. Box 5469, Santa Fe, NM 87502-5469.
RATS 2013-1 category - B
§ 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.
(c) Procedures for processing of fingerprint checks.
New Mexico adopts Part 37 by reference and states, any reference made to the commission or NRC shall be deemed a reference to the department. This does not apply to 10 CFR 37.27(c) fingerprint submissions.
New Mexico needs to exempt 37.27(c) from 20.3.3.307.E (1) in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).
NRC Review Comments letter dated 8/9/17
20.3.3.307 FILING APPLICATION FOR SPECIFIC LICENSES:
L. An application for a specific license to transfer source material under this section [10 CFR 40].
(1) An application for a specific license to initially transfer source material for use under [10 CFR 40.22, and equivalent regulations] 20.3.3.307 [20.3.3.304.B] NMAC, will be approved if:
(a) the applicant satisfies the general requirements specified in 10 CFR 40.32 and equivalent regulations 20.3.3.307 NMAC; and (b) the applicant submits adequate information on, and the department [NRC] approves the methods to be used for quality control, labeling, and providing safety instructions to recipients.
RCB correction
- 1. New Mexico has its own equivalent regulation
- 2. Incorrect reference: 10 CFR 40.22 is for a general license
- 3. Incorrect reference: 20.3.3.304.B is for a general license
- 4. The department issues the license
20.3.3.307 FILING APPLICATION FOR SPECIFIC LICENSES:
L. Continued (2) Each person licensed under this section [10 CFR 40.54] shall label the immediate container of each quantity of source material with the type of source material and quantity of material and the words, radioactive material.
(3) Each person licensed under this section [10 CFR 40.54] shall ensure that the quantities and concentrations of source material are as labeled and indicated in any transfer records.
(4) Each person licensed under this section [10 CFR 40.54] shall provide the information specified in this paragraph to each person to whom source material is transferred for use under this section [10 CFR 40.22 and 20.3.3.304.B NMAC]. This information must be transferred before the source material is transferred for the first time in each calendar year to the particular recipient. The required information includes:
RATS 2013-1 category - B Throughout their equivalent regulations to 40.55, New Mexico references 10 CFR 40.54. As New Mexico has equivalent regulations to 40.54, they should cite their regulations and not 40.54.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.55. NRC Review Comments letter dated 8/9/17 20.3.3.307 FILING APPLICATION FOR SPECIFIC LICENSES:
L. (4) Continued (a) a copy of 20.3.3.307.L NMAC [10 CFR 40.22] and 10 CFR 40.51 [or equivalent regulations under 20.3.3.304 NMAC]; and (b) appropriate radiation safety precautions and instructions relating to handling, use, storage, and disposal of the material.
(5) Each person licensed under this section [10 CFR 40.54]
shall report transfers as follows:
(a) File a report with the department under 20.3.1.116 NMAC. The report shall include the following information:
RATS 2013-1 category - B continued Throughout their equivalent regulations to 40.55, New Mexico references 10 CFR 40.54. As New Mexico has equivalent regulations to 40.54, they should cite their regulations and not 40.54.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.55. NRC Review Comments letter dated 8/9/17 RCB Correction Incorrect reference:10 CFR 40.22 is for a general license
FILING APPLICATION FOR SPECIFIC LICENSES:
L.(5)(a) Continued (i) The name, address, and license number of the person who transferred the source material; and (ii) For each general licensee under 10 CFR 40.22 or [and] 20.3.3.304
[20.3.3.307] NMAC to whom greater than 50 grams (0.11 lb) of source material has been transferred in a single calendar quarter, the name and address of the general licensee to whom source material is distributed; a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and the type, physical form, and quantity of source material transferred; and (iii) The total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients.
RATS 2013-2 Category - B
§ 40.55 Conditions of licenses to initially transfer source material for use under the 'small quantities of source material' general license: Quality control, labeling, safety instructions, and records and reports. (d) Each person licensed under § 40.54 shall report transfers as follows:
(2) File a report with each responsible Agreement State agency that identifies all persons, operating under provisions equivalent to § 40.22, to whom greater than 50 grams (0.11 lb) of source material has been transferred within a single calendar quarter. The report shall include the following information specific to those transfers made to the Agreement State being reported to:
(i) The name, address, and license number of the person who transferred the source material; and (ii) The name and address of the general licensee to whom source material was distributed; a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and the type, physical form, and quantity of source material transferred.
New Mexico omits the word and between their equivalent to 40.55(d)(2)(i) and (ii). New Mexico needs to add the word and as indicated. New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.55(d).
NRC Review Comments letter dated 8/9/17
FILING APPLICATION FOR SPECIFIC LICENSES:
L.(5)(a) Continued (i) The name, address, and license number of the person who transferred the source material; and (ii) For each general licensee under 10 CFR 40.22 or [and] 20.3.3.304
[20.3.3.307] NMAC to whom greater than 50 grams (0.11 lb) of source material has been transferred in a single calendar quarter, the name and address of the general licensee to whom source material is distributed; a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and the type, physical form, and quantity of source material transferred; and (iii) The total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients.
RATS 2013-2 Category - B
§ 40.55 Conditions of licenses to initially transfer source material for use under the 'small quantities of source material' general license: Quality control, labeling, safety instructions, and records and reports. (d) Each person licensed under § 40.54 shall report transfers as follows:
(2) File a report with each responsible Agreement State agency that identifies all persons, operating under provisions equivalent to § 40.22, to whom greater than 50 grams (0.11 lb) of source material has been transferred within a single calendar quarter. The report shall include the following information specific to those transfers made to the Agreement State being reported to:
(i) The name, address, and license number of the person who transferred the source material; and (ii) The name and address of the general licensee to whom source material was distributed; a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and the type, physical form, and quantity of source material transferred.
In their equivalent regulations to 40.55(d)(2)(ii), New Mexico omits the word or and inserts the word and in the sentence, (ii) For each general licensee under § 40.22 (ii)
For each general licensee under § 40.22 or equivalent Agreement State provisions equivalent Agreement State provisions. New Mexico needs to replace and with or.
RCB Correction Incorrect reference:20.3.3.307 is for a specific license FILING APPLICATION FOR SPECIFIC LICENSES:
L.(5) (d)Each person licensed under 20.3.3.304 NMAC [10 CFR 40.54]
shall maintain all information that supports the reports required by this section concerning each transfer to a general licensee for a period of one year after the event is included in a report to the NRC or to an agreement state agency.
RATS 2013-1 category - B Throughout their equivalent regulations to 40.55, New Mexico references 10 CFR 40.54. As New Mexico has equivalent regulations to 40.54, they should cite their regulations and not 40.54.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 40.55. NRC Review Comments letter dated 8/9/17
20.3.3.310 PUBLIC NOTICE, PARTICIPATION AND HEARING:
B.(3)(a) any local, state, Indian T[t]ribal government or federal government agency that the secretary determines may be significantly affected or interested; and RATS 2015-5 category - B 10 CFR 71.4-wherever they may occur, remove the word tribe and add in its place the word Tribe, remove the word tribes and add in its place the word Tribes, and remove the word tribal and add in its place the word Tribal.
Base on RATS 2015-5 letter dated 12/31/15 20.3.3.315 E. Licensing the manufacture and distribution of devices to persons generally licensed under Subsection B of 20.3.3.305 NMAC (1) Requirements for approval of a license application. An application for a specific license to manufacture or initially transfer devices containing radioactive material to persons generally licensed under Subsection B of 20.3.3.305 NMAC or equivalent regulations of the NRC or an agreement state will be approved if:
(f) The device has been registered in the Sealed Source and Device Registry.
RATS 2012-4 category - B
§ 32.51 Byproduct material contained in devices for use under § 31.5; requirements for license to manufacture, or initially transfer.
(a) An application for a specific license to manufacture, or initially transfer devices containing byproduct material to persons generally licensed under § 31.5 of this chapter or equivalent regulations of an Agreement State will be approved if: (6) The device has been registered in the Sealed Source and Device Registry.
In § 32.51, paragraph(a)(6) is added to read as follows:
(a) * * *
(6) The device has been registered in the Sealed Source and Device Registry. Base on RATS 2012-4 letter dated 10/23/15
20.3.3.315 E. Licensing the manufacture and distribution of devices to persons generally licensed under Subsection B of 20.3.3.305 NMAC. (4) Transfer provisions:
(a)Reserved [If a device containing radioactive material is to be transferred for use under the general license contained in Subsection B of 20.3.3.305 NMAC, each person that is licensed under Paragraph (1) of Subsection D of 20.3.3.315 NMAC shall provide the information specified in this paragraph to each person to whom a device is to be transferred. This information shall be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information shall also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes:
(i) a copy of the general license contained in Paragraph (1) of Subsection D of 20.3.3.315 NMAC; if Subparagraphs (b) through (d) of Paragraph (3) of Subsection B of 20.3.3.305 NMAC or Subparagraph (m) of Paragraph (3) of Subsection B of 20.3.3.305 NMAC do not apply to the particular device, those paragraphs may be omitted; 20.3.3 NMAC RCB Amendments RCB correction: subsection D of 20.3.3.315 is reserved.
20.3.3.315 E. Licensing the manufacture and distribution of devices to persons generally licensed under Subsection B of 20.3.3.305 NMAC. (4) Transfer provisions: continued (ii) a copy of Subsection F of 20.3.3.317 NMAC, 20.3.3.326 NMAC, 20.3.4.451 NMAC and 20.3.4.452 NMAC; (iii) a list of the services that can only be performed by a specific licensee; (iv) information on acceptable disposal options including estimated costs of disposal; and (v) a statement indicating that improper disposal of radioactive material is subject to civil and criminal penalties pursuant to 20.3.1 NMAC.]
20.3.3 NMAC RCB Amendments RCB correction: subsection D of 20.3.3.315 is reserved.
20.3.3.315 E. Licensing the manufacture and distribution of devices to persons generally licensed under Subsection B of 20.3.3.305 NMAC. (4) Transfer provisions: (e) If a notification of bankruptcy is submitted [has been made]
under Subsection E of 20.3.3.317 NMAC of this part and each specific licensee or the license is to be terminated, each person licensed under Paragraph (1) of this subsection shall provide, upon request, to the department, NRC and any agreement state, records of final disposition required under 10CFR30.34(h)
[Subparagraph (c) of Paragraph (5) of Subsection D of 20.3.3.315 NMAC].
20.3.3 NMAC RCB Amendments RCB correction: subsection D of 20.3.3.315 is reserved.
20.3.3.315 SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN RADIOACTIVE MATERIAL: F. Special requirements for the manufacture, assembly, repair or initial transfer of luminous safety devices for use in aircraft.
(3) each person licensed under 10 CFR 32.53 shall file an annual report with the director, office of Nuclear Materials Safety and Safeguards [federal and state materials and environmental management programs],
ATTN: document control desk/GLTS by an appropriate method listed in 10 CFR 30.6(a) which must state the total quantity of tritium or promethium-147 transferred to persons generally licensed under 10 CFR 31.7. The report must identify each general licensee by name, state the kinds and number of luminous devices transferred, and specify the quantity of tritium or promethium-147 in each kind of device. Each report must cover the year ending June 30 and must be filed within 30 days thereafter. If no transfers have been made to persons generally licensed under 10 CFR 31.7 during the reporting period, the report must so indicate; and RATS 2012-4 Category - B
§ 32.56 Same: Material transfer reports.
(a) Each person licensed under § 32.53 shall file an annual report with the Director, Office of Nuclear Material Safety and Safeguards, ATTN: Document Control Desk/GLTS, by an appropriate method listed in § 30.6(a) of this chapter, which must state the total quantity of tritium or promethium-147 transferred to persons generally licensed under § 31.7 of this chapter. The report must identify each general licensee by name, state the kinds and numbers of luminous devices transferred, and specify the quantity of tritium or promethium-147 in each kind of device. Each report must cover the year ending June 30 and must be filed within thirty (30) days thereafter. If no transfers have been made to persons generally licensed under § 31.7 of this chapter during the reporting period, the report must so indicate.
New Mexico needs to update the NRCs contact office name to, Office of Nuclear Material Safety and Safeguards. New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR32.56.
NRC Review Comments letter dated 8/9/17
20.3.3.315 SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN RADIOACTIVE MATERIAL: F. Special requirements for the manufacture, assembly, repair or initial transfer of luminous safety devices for use in aircraft.
(4) each person licensed under 10 CFR 32.53 shall report annually all transfers of devices to persons for use under a general license in an agreement states regulations that are equivalent to 10 CFR 31.7 of this paragraph to the responsible agreement state agency. The report must state the total quantity of tritium or promethium-147 transferred, identify each general licensee by name, state the kinds and numbers of luminous devices transferred, and specify the quantity of tritium or promethium-147 in each kind of device. If no transfers have been made to a particular agreement state during the reporting period, this information must be reported to the responsible agreement state agency upon request of the agency.
RATS 2012-4 Category - B
§ 32.56 Same: Material transfer reports.
(b) Each person licensed under § 32.53 shall report annually all transfers of devices to persons for use under a general license in an Agreement State's regulations that are equivalent to § 31.7 of this chapter to the responsible Agreement State agency. The report must state the total quantity of tritium or promethium-147 transferred, identify each general licensee by name, state the kinds and numbers of luminous devices transferred, and specify the quantity of tritium or promethium-147 in each kind of device. If no transfers have been made to a particular Agreement State during the reporting period, this information must be reported to the responsible Agreement State agency upon request of the agency.
in section F.(4), New Mexico omitted the word State in the following:
are equivalent to § 31.7 of this chapter to the responsible Agreement State agency.
New Mexico needs to make the changes indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 32.56. NRC Review Comments letter dated 8/9/17
20.3.3.315 SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN RADIOACTIVE MATERIAL: J. (2)(d)(ii) the individual practiced at a pharmacy at a government agency or federally recognized Indian T[t]ribe before November 30, 2007, or at all other pharmacies in non-licensing states, as defined in 20.3.1.7 NMAC, before August 8, 2009, or an earlier date as noticed by the NRC; RATS 2015-5 category - B 10 CFR 71.4-wherever they may occur, remove the word tribe and add in its place the word Tribe, remove the word tribes and add in its place the word Tribes, and remove the word tribal and add in its place the word Tribal.
Base on RATS 2015-5 letter dated 12/31/15 20.3.3.315 SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN RADIOACTIVE MATERIAL: J(2)(f)(v) documentation that only accelerator-produced radioactive materials were used in the practice of nuclear pharmacy at a government agency or federally recognized Indian T[t]ribe before November 30, 2007, or at all other pharmacies in non-licensing states, as defined in 20.3.1.7 NMAC, before August 8, 2009, or an earlier date as noticed by the NRC; and RATS 2015-5 category - B 10 CFR 71.4-wherever they may occur, remove the word tribe and add in its place the word Tribe, remove the word tribes and add in its place the word Tribes, and remove the word tribal and add in its place the word Tribal.
Base on RATS 2015-5 letter dated 12/31/15
20.3.4 Table 462.1 Hydrogen-3 1,000 Beryllium-7 1,000 Beryllium-10 1 Carbon-11 1,000 Carbon-14 [1,000] 100 Appendix C to Part 20Quantities1 of Licensed Material Requiring Labeling Hydrogen-3 H-3 1,000 Beryllium-7 Be-7 1,000 Beryllium-10 Be-10 1 Carbon-11 C-11 1,000 Carbon-14 C-14 100 RCB Correction 20.3.4.425 SECURITY AND CONTROL OF LICENSED OR REGISTERED SOURCES OF RADIATION:
A. The licensee shall secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas. The licensee possessing category 1 and category 2 quantities of radioactive materials shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:
(1) any reference to the commission or NRC shall be deemed a reference to the department; (2) 10 CFR 37.5 definitions of agreement state, byproduct material, commission and person shall not be applicable; (3) 10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),
10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; and RATS 2013-1 category - B
§ 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.
(c) Procedures for processing of fingerprint checks.
New Mexico adopts Part 37 by reference and states, any reference made to the commission or NRC shall be deemed a reference to the department. This does not apply to 10 CFR 37.27(c) fingerprint submissions.
New Mexico needs to exempt 37.27(c) from 20.3.3.307.E (1) in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).
NRC Review Comments letter dated 8/9/17
20.3.4.466 APPENDIX G - REQUIREMENTS FOR TRANSFERS OF LOW-LEVEL RADIOACTIVE WASTE INTENDED FOR DISPOSAL AT LICENSED LAND DISPOSAL FACILITIES AND MANIFESTS: A.
(3) NRC forms 540, 540A, 541, 541A, 542 and 542A, and the accompanying instructions, in hard copy, may be obtained by writing or calling the [o]Office of the [c]Chief information [o]Officer, United States Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-5877, or by visiting the NRC's web site at http://www.nrc.gov and selecting forms from the index found on the home page.
RATS 2015-5 category - B In part 20, wherever it may occur, remove the phrase Office of Information Services and add in its place the phrase Office of the Chief Information Officer Base on RATS 2015-5 letter dated 12/31/15
20.3.5.10 SPECIFIC LICENSE FOR INDUSTRIAL RADIOGRAPHY: An application for a specific license for the use of licensed material in industrial radiography will be approved if the applicant meets the following requirements:
B. An application for a specific license of category 1 and category 2 quantities of radioactive material shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:
(1) any reference to the commission or NRC shall be deemed a reference to the department; (2) 10 CFR 37.5 definitions of agreement state, byproduct material, commission and person shall not be applicable; (3) 10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),
10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; and (4) for any reporting or notification requirements that the licensee must follow in 10 CFR 37.45, 10 CFR 37.57, 10 CFR 37.77(a) through (d), and 10 CFR 37.81 the licensee shall use the following address: New Mexico Environment Department/RCB, P.O. Box 5469, Santa Fe, NM 87502-5469 address information.
RATS 2013-1 category - B
§ 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.
(c) Procedures for processing of fingerprint checks.
New Mexico adopts Part 37 by reference and states, any reference made to the commission or NRC shall be deemed a reference to the department. This does not apply to 10 CFR 37.27(c) fingerprint submissions.
New Mexico needs to exempt 37.27(c) from 20.3.3.307.E (1) in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).
NRC Review Comments letter dated 8/9/17
20.3.7.700 GENERAL REGULATORY REQUIREMENTS:
E. Application for license, amendment or renewal.
(3) An application for a specific license of category 1 and category 2 quantities of radioactive material shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:
(a) any reference to the commission or NRC shall be deemed a reference to the department; (b) 10 CFR 37.5 Definitions of: agreement state, byproduct material, commission and person shall not be applicable, (c) 10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),
10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; RATS 2013-1 category - B
§ 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.
(c) Procedures for processing of fingerprint checks.
New Mexico adopts Part 37 by reference and states, any reference made to the commission or NRC shall be deemed a reference to the department. This does not apply to 10 CFR 37.27(c) fingerprint submissions.
New Mexico needs to exempt 37.27(c) from 20.3.3.307.E (1) in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).
NRC Review Comments letter dated 8/9/17 20.3.12.9 SPECIFIC LICENSES FOR WELL LOGGING:
B. An application for a specific license of category 1 and category 2 quantities of radioactive material shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:
(1) any reference to the commission or NRC shall be deemed a reference to the department; (2) 10 CFR 37.5 definitions of agreement state, byproduct material, commission and person shall not be applicable; (3) 10 CFR 37.7, 10 CFR 37.9, 37.11(a) and (b), 10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; RATS 2013-1 category - B
§ 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.
(c) Procedures for processing of fingerprint checks.
New Mexico adopts Part 37 by reference and states, any reference made to the commission or NRC shall be deemed a reference to the department. This does not apply to 10 CFR 37.27(c) fingerprint submissions.
New Mexico needs to exempt 37.27(c) from 20.3.3.307.E (1) in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).
NRC Review Comments letter dated 8/9/17
20.3.15.1502 SPECIFIC LICENSES FOR IRRADIATORS: B.
An application for a specific license of category 1 and category 2 quantities of radioactive material shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:
(1) any reference to the commission or NRC shall be deemed a reference to the department; (2) 10 CFR 37.5 definitions of agreement state, byproduct material, commission and person shall not be applicable; (3) 10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),
10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; (4) for any reporting or notification requirements that the licensee must follow in 10 CFR 37.45, 10 CFR 37.57, 10 CFR 37.77(a) through (d), 10 CFR 37.81, the licensee shall use New Mexico Environment Department/RCB, P.O. Box 5469, Santa Fe, NM 87502-5469 address information.
RATS 2013-1 category - B
§ 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.
(c) Procedures for processing of fingerprint checks.
New Mexico adopts Part 37 by reference and states, any reference made to the commission or NRC shall be deemed a reference to the department. This does not apply to 10 CFR 37.27(c) fingerprint submissions.
New Mexico needs to exempt 37.27(c) from 20.3.3.307.E (1) in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c). NRC Review Comments letter dated 8/9/17