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{{#Wiki_filter:State Regulation, 20.3 NMAC                                   Federal Regulation 10 CFR                                     Comments 20.3.1.7 DEFINITIONS:                                                                                                       RCB Correction P. Department means the environment department, its                                                                       To align with current department successors, or its predecessors, the environmental                                                                           structure improvement agency, or the environmental protection
{{#Wiki_filter: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]
[improvement] division of the [health and environment]
environment department.
environment department.
20.3.3.7 DEFINITIONS:                                       RATS 2015-5 category - B                                      10 CFR 71.4- wherever they may D.Indian T[t]ribe means an Indian or Alaska native         § 71.4 Definitions                                            occur, remove the word tribe and T[t]ribe, band, nation, pueblo, village, or community that   Indian Tribe means an Indian or Alaska Native Tribe, band,     add in its place the word Tribe, the secretary of the interior acknowledges to exist as an    nation, pueblo, village, or community that the Secretary of   remove the word tribes and add in Indian T[t]ribe pursuant to the Federally Recognized          the Interior acknowledges to exist as an Indian Tribe         its place the word Tribes, and Indian Tribe List Act of 1994, 25 U.S.C. 479a.               pursuant to the Federally Recognized Indian Tribe List Act of  remove the word tribal and add in E.Tribal official means the highest ranking individual that 1994, 25 U.S.C. 5130.                                          its place the word Tribal.
RCB Correction To align with current department structure 20.3.3.7 DEFINITIONS:
represents T[t]ribal leadership, such as the chief,                                                                          Base on RATS 2015-5 letter dated president, or T[t]ribal council leadership.                                                                                  12/31/15 20.3.3.301                                                   RATS 2013-2 Category - B                                       New Mexico references the Atomic EXEMPTIONS - UNIMPORTANT QUANTITIES OF SOURCE                § 40.13 Unimportant quantities of source material.             Energy Act in its regulations. New MATERIAL:                                          C. Any    (c) Any person is exempt from the requirements for a license  Mexico needs to reference their person is exempt from the requirements for a license set      set forth in section 62 of the Act and from the regulations in State Radiation Control Act instead.
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.
forth in the Radiation Protection Act, NMSA 1978,            this part and parts 19, 20, and 21 of this chapter to the     New Mexico needs to make the Sections 74-3-1 through 16 [section 62 of the Atomic          extent that such person receives, possesses, uses, or         changes indicated above in order to Energy] and from the regulations in this part and in 10      transfers:                                                    meet the Compatibility Category B CFR Parts 19, 20, and 21 to the extent that such person                                                                      designation assigned to 10 CFR receives, possesses, uses or transfers:                                                                                      40.13(c).
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
NRC Review Comments letter dated 8/9/17


20.3.3.301                                                 RATS 2013-2 Category - B                                      in 20.3.3.301.D(2), New Mexico EXEMPTIONS - UNIMPORTANT QUANTITIES OF SOURCE              § 40.13 Unimportant quantities of source material.           replaced Parts 19 and 20 with their MATERIAL:                                        D(2)    (c)10(ii) Persons authorized to manufacture, process, or      regulations. As this section applies to Persons authorized to manufacture, process, or produce    produce these materials or products containing source         the NRC-issued distribution license, these materials or products containing source material by  material by an Agreement State, and persons who import       New Mexico needs to delete their an agreement state, and persons who import finished        finished products or parts, for sale or distribution must be regulations and insert 10 CFR Parts products of parts, for sale or distribution must be        authorized by a license issued under § 40.52 for distribution 19 and 20.
20.3.3.301 EXEMPTIONS - UNIMPORTANT QUANTITIES OF SOURCE MATERIAL: D(2)
authorized by a license issued pursuant to 10 CFR 40.52    only and are exempt from the requirements of parts 19 and     New Mexico needs to make the for distribution only and are exempt from the              20 of this chapter, and § 40.32(b) and (c).                   changes indicated above in order to requirements of 10 CFR 19 and 10 CFR 20 [20.3.3 NMAC                                                                    meet the Compatibility Category B and 20.3.4 NMAC], and 10 CFR 40.32(b) and (c).                                                                           designation assigned to 10 CFR 40.13(c).
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).
NRC Review Comments letter dated 8/9/17 20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL               None                                                          RCB correction:
RATS 2013-2 Category - B
OTHER THAN SOURCE MATERIAL:                               §30.15 Certain items containing byproduct material. (2)(i)    General licenses are no longer issued C. Exempt items.                                           Static elimination devices which contain, as a sealed source  for static eliminators or Ion 1(b) Static elimination device. Devices designed for use   or sources, byproduct material consisting of a total of not   generating tubes. Static eliminators as static eliminators which contain, as a sealed source or more than 18.5 MBq (500 µCi) of polonium-210 per device.     and Ion generating tubes are listed in sources, byproduct material consisting of a total of not   (ii) Ion generating tubes designed for ionization of air that expemptions in 10 CFR 30.15.
§ 40.13 Unimportant quantities of source material.
more than 500 microcuries (18.5 megabecquerels) of         contain, as a sealed source or sources, byproduct material polonium-210 per device.          (c) Ion generating tube. consisting of a total of not more than 18.5 MBq (500 µCi) of Devices designed for ionization of air which contain, as a polonium-210 per device or of a total of not more than 1.85 sealed source or sources, byproduct material consisting of GBq (50 mCi) of hydrogen-3 (tritium) per device.
(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).
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.
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                 RATS 2012-4 Category - B                                        New Mexico added the wording OTHER THAN SOURCE MATERIAL:                                   § 30.19 Self-luminous products containing tritium, krypton-     which license states that the C. Exempt items.                                              85, or promethium-147                                            product may be transferred by the 2(b)Any person who desires to manufacture, process or         (b) Any person who desires to manufacture, process, or           licensee to persons exempt from the produce, or initially transfer for sale or distribution self- produce, or initially transfer for sale or distribution self-   regulations pursuant to luminous products containing tritium, krypton-85 or          luminous products containing tritium, krypton-85, or             Subparagraph (a) of this paragraph promethium-147 for use pursuant to Subparagraph (a) of        promethium-147 for use under paragraph (a) of this section,     or equivalent regulations of the NRC this paragraph, shall apply to NRC for a license pursuant    should apply for a license under § 32.22 of this chapter and     or an agreement state to New to 10 CFR 32.22, and for a certificate of registration in    for a certificate of registration in accordance with § 32.210 of Mexicos equivalent regulations to accordance with 10 CFR 32.210, [which license states that     this chapter.                                                    10 CFR 30.19(b). New Mexico needs the product may be transferred by the licensee to persons                                                                     to remove the wording indicated exempt from the regulations pursuant to Subparagraph                                                                           above in order to meet the (a) of this paragraph or equivalent regulations of the NRC                                                                     Compatibility Category B designation or an agreement state].                                                                                                       assigned to 10 CFR 30.20.
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
NRC Review Comments letter dated 8/9/17


20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL                   RATS 2012-4 Category - B                                      New Mexico added the wording OTHER THAN SOURCE MATERIAL:                                   § 30.20 Gas and aerosol detectors containing byproduct        from fires or airborne hazards to C.Exempt items.                                               material                                                      New Mexicos equivalent regulations (4)(a)Except for persons who manufacture, process,             (a) Except for persons who manufacture, process, produce,      to 10 CFR 30.20(a). New Mexico produce or initially transfer for sale or distribution gas and or initially transfer for sale or distribution gas and aerosol needs to remove the wording aerosol detectors containing byproduct material, any          detectors containing byproduct material, any person is         indicated above in order to meet the person is exempt from the licensing requirements in this      exempt from the requirements for a license set forth in       Compatibility Category B designation part to the extent that such person receives, possesses,      section 81 of the Act and from the regulations in parts 19,   assigned to 10 CFR 30.20.
20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
uses, transfers, owns or acquires byproduct material, in      20, 21, and 30 through 36 and 39 of this chapter to the       New Mexico needs to remove the gas and aerosol detectors designed to protect health,          extent that such person receives, possesses, uses, transfers, wording indicated above in order to safety [life] or property [from fires and airborne hazards],  owns, or acquires byproduct material in gas and aerosol       meet the Compatibility Category B and manufactured, processed, produced or initially            detectors designed to protect health, safety, or property,     designation assigned to 10 CFR30.20.
C. Exempt items.
transferred in accordance with a specific license issued by    and manufactured, processed, produced, or initially           NRC Review Comments letter dated the NRC, pursuant to 10 CFR 32.26, which license              transferred in accordance with a specific license issued under 8/9/17                          and authorizes the initial transfer of the product for use under  § 32.26 of this chapter, which license authorizes the initial Based on RATS 2012-4 letter dated this paragraph. This exemption also covers gas and            transfer of the product for use under this section. This       10/23/15 aerosol detectors manufactured or distributed before          exemption also covers gas and aerosol detectors November 30, 2007 in accordance with a specific license        manufactured or distributed before November 30, 2007, in issued by the department, agreement state or non-              accordance with a specific license issued by a State under agreement state under comparable provisions to 10 CFR          comparable provisions to § 32.26 of this chapter authorizing 32.26 authorizing distribution to persons exempt from          distribution to persons exempt from regulatory regulatory requirements.                                       requirements.
(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                 RATS 2012-4 Category - B                                        New Mexico added the wording OTHER THAN SOURCE MATERIAL:                                 § 30.20 Gas and aerosol detectors containing byproduct          which license states that the C.Exempt items.                                       (4)(b) material                                                        product may be transferred by the Any person who desires to manufacture, process or            (b) Any person who desires to manufacture, process, or           licensee to persons exempt from the produce gas and aerosol detectors containing byproduct      produce gas and aerosol detectors containing byproduct           regulations pursuant to material, or to initially transfer such products for use     material, or to initially transfer such products for use under  Subparagraph (a) of this paragraph pursuant to Subparagraph (a) of this paragraph, shall        paragraph (a) of this section, should apply for a license under or equivalent regulations of the NRC apply for a license to the NRC pursuant to 10 CFR 32.26,    § 32.26 of this chapter and for a certificate of registration in or an agreement state to
20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
[which license states that the product may be initially      accordance with § 32.210 of this chapter.                       New Mexicos equivalent regulations transferred by the licensee to persons exempt from the                                                                       to 10 CFR 30.19(b). New Mexico regulations pursuant to Subparagraph (a) or equivalent                                                                        needs to remove the wording regulations of the NRC or an agreement state of this                                                                          indicated above in order to meet the paragraph] and for a certificate of registration in                                                                          Compatibility Category B designation accordance with 10 CFR 32.210.                                                                                                assigned to 10 CFR 30.20.
C. Exempt items. (4)(b)
NRC Review Comments letter dated 8/9/17 20.3.3.304                                                   RATS 2013-2 Category - B                                        New Mexico omits the word GENERAL LICENSES - SOURCE MATERIAL:                         § 40.22 Small quantities of source material                      isotopic from its equivalent B. Small quantities of source material.                      (a) A general license is hereby issued authorizing commercial    regulation.
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,
A general license is hereby issued authorizing commercial   and industrial firms; research, educational, and medical        New Mexico needs to add the word and industrial firms; research, educational, and medical     institutions; and Federal, State, and local government          isotopic where indicated above in institutions; and federal, state, and local government       agencies to receive, possess, use, and transfer uranium and     order to meet the Compatibility agencies to receive, possess, use, and transfer uranium      thorium, in their natural isotopic concentrations and in the     Category B designation assigned to and thorium, in their natural isotopic concentrations and    form of depleted uranium, for research, development,             10 CFR 40.22(a).
[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.
in the form of depleted uranium, for research,               educational, commercial, or operational purposes in the         NRC Review Comments letter dated development, educational, commercial, or operational        following forms and quantities:                                  8/9/17 purposes in the following forms and quantities:
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                                                 § 40.22 Small quantities of source material.               (1) RCB correction to align with Federal GENERAL LICENSES - SOURCE MATERIAL:                        No more than 1.5 kg (3.3 lb) of uranium and thorium in         regulations B. Small quantities of source material.                (1) dispersible forms (e.g., gaseous, liquid, powder, etc.) at any No more than 1.5 kg (3.3 lb) of uranium and thorium in      one time. Any material processed by the general licensee dispersible forms (e.g., gaseous, liquid, powder, etc.) at  that alters the chemical or physical form of the material any one time. Any material processed by the general        containing source material must be accounted for as a licensee that alters the chemical or physical form of the  dispersible form. A person authorized to possess, use, and material containing source material must be accounted      transfer source material under this paragraph may not for as a dispersible form. A person authorized to possess,  receive more than a total of 7 kg (15.4 lb) of uranium and use, and transfer source material under Subsection B of    thorium in any one calendar year. Persons possessing source this section may not receive more than a total of 7 kg      material in excess of these limits as of August 27, 2013, may (15.4 lb) of uranium and thorium in any one calendar        continue to possess up to 7 kg (15.4 lb) of uranium and year. Persons possessing source material in excess of      thorium at any one time for one year beyond this date, or these limits as of August 27, 2013, may continue to        until the Commission takes final action on a pending possess up to 7 kg (15.4 lb) of uranium and thorium at any  application submitted on or before August 27, 2014, for a one time for one year beyond this date, or until the        specific license for such material; and receive up to 70 kg department takes final action on a pending application      (154 lb) of uranium or thorium in any one calendar year until submitted on or before August 27, 2014, for a specific     December 31, 2014, or until the Commission takes final license for such material and receive up to 70 kg (154 lb) action on a pending application submitted on or before of uranium or thorium in any one calendar year until        August 27, 2014, for a specific license for such material; and 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
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                                                     RATS 2013-2 Category - B                                        New Mexico omits the word or GENERAL LICENSES - SOURCE MATERIAL:                           § 40.22 Small quantities of source material.                    between their equivalent regulations B.Small quantities of source material.                         (2) No more than a total of 7 kg (15.4 lb) of uranium and       to 40.22(a)(2) and (3). New Mexico (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,       needs to add the word or as thorium at any one time. A person authorized to possess,      use, and transfer source material under this paragraph may     indicated above in order to meet the use, and transfer source material under Subsection B of        not receive more than a total of 70 kg (154 lb) of uranium     Compatibility Category B designation this section may not receive more than a total of 70 kg        and thorium in any one calendar year. A person may not         assigned to 10 CFR 40.22(a).
20.3.3.304 GENERAL LICENSES - SOURCE MATERIAL:
(154 lb) of uranium and thorium in any one calendar year.      alter the chemical or physical form of the source material     NRC Review Comments letter dated A person may not alter the chemical or physical form of        possessed under this paragraph unless it is accounted for       8/9/17 the source material possessed under this paragraph            under the limits of paragraph (a)(1) of this section; or unless it is accounted for under the limits of Subsection B(1) of this section; or 20.3.3.304                                                     RATS 2013-2 Category - B                                        New Mexico omits the word or GENERAL LICENSES - SOURCE MATERIAL:                           § 40.22 Small quantities of source material.              (e)  between their equivalent regulations F. No person may initially transfer or distribute source      No person may initially transfer or distribute source material  to 40.22(a)(2) and (3).
B. Small quantities of source material.
material to persons generally licensed under Subsection       to persons generally licensed under paragraph (a)(1) or (2) of  New Mexico omits the word or and B(1) and (2) of this section, or equivalent regulations of an this section, or equivalent regulations of an Agreement State,  inserts and in their equivalent agreement state, unless authorized by a specific license in   unless authorized by a specific license issued in accordance    regulations to 40.22(e) as follows:
(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.
accordance with 10 CFR 40.54 or [and] equivalent               with § 40.54 or equivalent provisions of an Agreement State. unless authorized by a specific provisions of an agreement state [regulations under           This prohibition does not apply to analytical laboratories      license issued in accordance with 20.3.3.307 NMAC]. This prohibition does not apply to           returning processed samples to the client who initially         §40.54 or equivalent provisions of an analytical laboratories returning processed samples to the     provided the sample. Initial distribution of source material to Agreement State.
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
client who initially provided the sample. Initial distribution persons generally licensed by paragraph (a) of this section     New Mexico needs to add the word of source material to persons generally licensed by            before August 27, 2013, without specific authorization may     or as indicated above in order to Subsection A of this section before August 27, 2013,          continue for 1 year beyond this date. Distribution may also     meet the Compatibility Category B without specific authorization may continue for 1 year        be continued until the Commission takes final action on a       designation assigned to 10 beyond this date. Distribution may also be continued until    pending application for license or license amendment to         CFR40.22(a).                   NRC the NRC takes final action on a pending application for a     specifically authorize distribution submitted on or before      Review Comments letter dated license or license amendment to specifically authorize        August 27, 2014.                                                8/9/17 distribution submitted on or before August 27, 2014.
§ 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                 None                                              Removed as requested by NRC MATERIAL OTHER THAN SOURCE MATERIAL:                                                                       Michelle Beardsley. General licenses A.Certain devices and equipment.         Reserved                                                           are no longer issued for static
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
[A general license is hereby issued to transfer, receive,                                                   elimenators or Ion generating tubes.
A. Certain devices and equipment.
acquire, own, possess and use radioactive material                                                         Static elimenators and Ion generating incorporated in the following devices or equipment which                                                   tubes are listed in expemptions in 10 have been manufactured, tested and labeled by the                                                           CFR 30.15.
Reserved
manufacturer in accordance with the specifications in a specific license issued to the manufacturer by the NRC.]
[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.]
20.3.3.305                                               RATS 2012-4 Category - B                         10 CFR 31.3 has been removed from GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER            10 CFR 31.3 has been removed from NRC regulations NRC regulations. New Mexico has THAN SOURCE MATERIAL:                                                                                      not omitted its equivalent regulation A. Certain devices and equipment.                                                                          in NMAC 20.3.3.305.A.
None Removed as requested by NRC Michelle Beardsley. General licenses are no longer issued for static elimenators or Ion generating tubes.
[(3)Devices authorized before October 23, 2012 for use                                                      New Mexico needs to remove their under the general license provided in 10 CFR 31.3 and in                                                    equivalent regulation to 10 CFR 31.3 this section and manufactured, tested, and labeled by the                                                  to meet the Compatibility Category B manufacturer in accordance with the specifications                                                          designation assigned to 10 CFR 31.3.
Static elimenators and Ion generating tubes are listed in expemptions in 10 CFR 30.15.
contained in a specific license issued by the NRC or an                                                    NRC Review Comments letter dated agreement state.]                                                                                          8/9/17
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                                                                                                                   RCB correction to align with Federal GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER               § 31.5 Certain detecting, measuring, gauging, or controlling regulations THAN SOURCE MATERIAL:                                       devices and certain devices for producing light or an ionized B. Certain detecting, measuring, gauging or                 atmosphere                                  (a) A general license controlling devices and certain devices for producing light is hereby issued to commercial and industrial firms and or an ionized atmosphere.                             (1) A research, educational and medical institutions, individuals in general license is hereby issued as required by             the conduct of their business, and Federal, State or local 20.3.3.305B(3)(m) of this section to commercial and         government agencies to acquire, receive, possess, use or industrial firms and research, educational and medical     transfer, in accordance with the provisions of paragraphs (b),
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
institutions, individuals in the conduct of their business, (c) and (d) of this section, byproduct material contained in and federal, state or local government agencies to         devices designed and manufactured for the purpose of receive, acquire, possess, use or transfer, in accordance   detecting, measuring, gauging or controlling thickness, with the provisions of Paragraphs (2), (3), and (4) of this density, level, interface location, radiation, leakage, or subsection, byproduct [radioactive] material contained in   qualitative or quantitative chemical composition, or for devices designed and manufactured for the purpose of       producing light or an ionized atmosphere.
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.
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                                                                                                               RCB correction to align with Federal GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER               § 31.5 Certain detecting, measuring, gauging, or controlling regulations THAN SOURCE MATERIAL:                                       devices and certain devices for producing light or an ionized B. Certain detecting, measuring, gauging or controlling     atmosphere                              (b)(1) The general devices and certain devices for producing light or an       license in paragraph (a) of this section applies only to ionized atmosphere.                         (2) The       byproduct material contained in devices which have been general license in Paragraph (1) of this subsection applies manufactured or initially transferred and labeled in only to byproduct [radioactive] material contained in      accordance with the specifications contained in devices which have been manufactured or initially transferred and labeled in accordance with the specifications contained in:
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
20.3.3.305                                                                                                                RCB correction to align with Federal GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER              § 31.5 Certain detecting, measuring, gauging, or controlling regulations THAN SOURCE MATERIAL:                                      devices and certain devices for producing light or an ionized B. Certain detecting, measuring, gauging or controlling     atmosphere                                (c) Any person who devices and certain devices for producing light or an       acquires, receives, possesses, uses or transfers byproduct ionized atmosphere.                           (3) Any       material in a device pursuant to the general license in person who receives, acquires, possesses, uses or           paragraph (a) of this section:
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:
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 (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                                                                                                                   RCB Correction: New Mexico does GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER               § 31.7 Luminous safety devices for use in aircraft.            not have licensees subject to this THAN SOURCE MATERIAL:                                       (a) A general license is hereby issued to own, receive,        regulation C. Luminous safety devices for use in aircraft.             acquire, possess, and use tritium or promethium-147 (1)(b) each device has been manufactured, assembled         contained in luminous safety devices for use in aircraft, or initially transferred in accordance with a license issued provided each device contains not more than 10 curies of under the provisions of [in] 10 CFR 32.53 [Subsection F of   tritium or 300 millicuries of promethium-147 and that each 20.3.3.315 NMAC], or manufactured or assembled in           device has been manufactured, assembled or initially accordance with a specific license issued by the NRC [or an transferred in accordance with a license issued under the agreement state which authorizes manufacture or              provisions of § 32.53 of this chapter or manufactured or assembly of the device for distribution to persons          assembled in accordance with a specific license issued by an generally licensed by the NRC or an agreement state, and    Agreement State which authorizes manufacture or assembly the device has been registered in the sealed source and      of the device for distribution to persons generally licensed by device registry];                                            the Agreement State.
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                                                   RATS 2012-4 Category - B                                       New Mexicos equivalent regulations GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER                § 32.53 Luminous safety devices for use in aircraft:           to 32.53(e) contain additional THAN SOURCE MATERIAL:                                        Requirements for license to manufacture, assemble, repair     wording (highlighted), (e) Each C. Luminous safety devices for use in aircraft.          (2)  or initially transfer.                               (e) The person licensed under 10 CFR 32.53 The applicant [Each person licensed under 10 CFR 32.53     applicant shall subject at least five prototypes of the device or equivalent agreement state or equivalent agreement state regulations] shall subject at   to tests as follows:                                          regulations shall subject at least five least five prototypes of the device to tests [the required                                                                  prototypes of the device to the tests and satisfactorily pass the required tests] as follows:                                                                required tests and satisfactorily pass the required tests as follows:.
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 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                                                   RATS 2012-4 Category - B                                       Throughout New Mexicos GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER                § 32.55 Same: Quality assurance; prohibition of transfer.     equivalent regulations to 32.55, they THAN SOURCE MATERIAL:                                        (a) Each person licensed under § 32.53 shall visually inspect add the phrase, and equivalent C. Luminous safety devices for use in aircraft.        (3)    each device and shall reject any that has an observable       Agreement State regulations. New Each person licensed under 10 CFR 32.55 or                    physical defect that could adversely affect containment of     Mexico needs to omit this phrase 20.3.3.305(C) NMAC [equivalent agreement state                the tritium or promethium-147.                                 and insert their equivalent regulation regulations] shall visually inspect each device and shall                                                                    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 32.53(e). NRC Review Comments letter dated 8/9/17 20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
reject any that has an observable physical defect that                                                                      New Mexico needs to make the could adversely affect containment of the tritium or                                                                        changes indicated above in order to promethium-147.                                                                                                              meet the Compatibility Category B designation assigned to 10 CFR 32.55.                           NRC Review Comments letter dated 8/9/17
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                                                 RATS 2012-4 Category - B                                      Throughout New Mexicos GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER               § 32.55 Same: Quality assurance; prohibition of transfer.      equivalent regulations to 32.55, they THAN SOURCE MATERIAL:                                       (b) Each person licensed under § 32.53 shall:                  add the phrase, and equivalent C. Luminous safety devices for use in aircraft.       (4)   (1) Maintain quality assurance systems in the manufacture of  Agreement State regulations. New Each person licensed under 10 CFR 32.53 or 20.3.3.305(C)   the luminous safety device in a manner sufficient to provide   Mexico needs to omit this phrase NMAC [equivalent agreement state regulations] shall:        reasonable assurance that the safety-related components of     and insert their equivalent regulation (a) maintain quality assurance systems in the              the distributed devices are capable of performing their       to 32.53, i.e. 20.3.3.305(C).
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
manufacture of the luminous safety device in a manner       intended functions; and                                        New Mexico needs to make the sufficient to provide reasonable assurance that the safety- (2) Subject inspection lots to acceptance sampling             changes indicated above in order to related components of the distributed devices are capable  procedures, by procedures specified in paragraph (c) of this   meet the Compatibility Category B of performing their intended functions; and                section and in the license issued under § 32.53, to provide at designation assigned to 10 CFR (b) subject inspection lots to acceptance sampling          least 95 percent confidence that the Lot Tolerance Percent     32.55.                        NRC procedures, by procedures specified in Subparagraph C(2)    Defective of 5.0 percent will not be exceeded.                 Review Comments letter dated of this section and in the license issued under 10 CFR                                                                    8/9/17 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.
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                                               RATS 2012-4 Category - B                                      Also, New Mexicos regulations GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER             § 32.55 Same: Quality assurance; prohibition of transfer. contain the following added THAN SOURCE MATERIAL:                                    C(2) Inspection for evidence of physical damage,              language:
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
C. Luminous safety devices for use in aircraft.           containment failure, or for loss of tritium or promethium-147 (2) Inspection [inspect the inspection (5)(b) inspection [inspect the inspection lot] for       after each stage of testing, using methods of inspection     lot] for evidence of physical damage, evidence of physical damage, containment failure, or loss adequate for applying the following criteria for defective:   containment failure, or for loss of of tritium or promethium-147 after each stage of testing,                                                               tritium or promethium-147 after using methods of inspection adequate for applying the                                                                   each stage of testing, [using the following criteria for defective: [using the following                                                                  following methods of inspection]
C. Luminous safety devices for use in aircraft.
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.
(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]:
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
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                                                 RATS 2012-4 Category - B                                         Throughout New Mexicos GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER              § 32.55 Same: Quality assurance; prohibition of transfer.       equivalent regulations to 32.55, they THAN SOURCE MATERIAL:                                      (c) The licensee shall subject each inspection lot to:           add the phrase, and equivalent C. Luminous safety devices for use in aircraft.            (iii) Any other criteria specified in the license issued under § Agreement State regulations. New (5)(b)(iii) any other criteria specified in the license    32.53.                                                          Mexico needs to omit this phrase issued under 10 CFR 32.53 or 20.3.3.305(C) NMAC                                                                              and insert their equivalent regulation
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
[equivalent agreement state regulations]                                                                                    to 32.53, i.e. 20.3.3.305(C).
C. Luminous safety devices for use in aircraft.
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                                                 RATS 2012-4 Category - B                                         Throughout New Mexicos GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER              § 32.55 Same: Quality assurance; prohibition of transfer.       equivalent regulations to 32.55, they THAN SOURCE MATERIAL:                                      (d) No person licensed under § 32.53 shall transfer to           add the phrase, and equivalent C. Luminous safety devices for use in aircraft.        (6) persons generally licensed under § 31.7 of this chapter, or     Agreement State regulations. New No person licensed under 10 CFR 32.53 or 20.3.3.305(C)      under an equivalent general license of an Agreement State:       Mexico needs to omit this phrase NMAC [equivalent agreement state regulations] shall        (1) Any luminous safety device tested and found defective       and insert their equivalent regulation transfer [the following luminous safety devices] to        under any condition of a license issued under § 32.53, or       to 32.53, i.e. 20.3.3.305(C).
(5)(b)(iii) any other criteria specified in the license issued under 10 CFR 32.53 or 20.3.3.305(C) NMAC
persons generally licensed pursuant to 10 CFR 31.7 or      paragraph (b) of this section, unless the defective luminous     NRC Review Comments letter dated under an equivalent general license of an agreement        safety device has been repaired or reworked, retested, and       8/9/17 state:                                                      determined by an independent inspector to meet the applicable acceptance criteria; or
[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                                                 RATS 2012-4 Category - B                                        Throughout New Mexicos GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER               § 32.55 Same: Quality assurance; prohibition of transfer.        equivalent regulations to 32.55, they THAN SOURCE MATERIAL:                                       (d)                                                              add the phrase, and equivalent C. Luminous safety devices for use in aircraft.     (6)(b) (2) Any luminous safety device contained within any lot that    Agreement State regulations. New any luminous safety device contained within any lot that   has been sampled and rejected as a result of the procedures      Mexico needs to omit this phrase has been sampled and rejected as a result of the            in paragraph (b)(2) of this section, unless:                    and insert their equivalent regulation procedures in Subsection C(4)(b) of this section, unless a (i) A procedure for defining sub-lot size, independence, and    to 32.53, i.e. 20.3.3.305(C).
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
procedure for defining sub-lot size, independence, and     additional testing procedures is contained in the license       New Mexico needs to make the additional testing procedures is contained in the license  issued under § 32.53; and                                        changes indicated above in order to issued under 10 CFR 32.53 or 20.3.3.305(C) NMAC             (ii) Each individual sub-lot is sampled, tested, and accepted in meet the Compatibility Category B
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           accordance with paragraphs (b)(2) and (d)(2)(i) of this section  designation assigned to 10 CFR individual sub-lot is sampled, tested, and accepted in     and any other criteria that may be required as a condition of    32.55.                        NRC accordance with Subsection C(2) of this section and any     the license issued under § 32.53.                                Review Comments letter dated other criteria that may be required as a condition of the                                                                   8/9/17 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].
[equivalent agreement state regulations].
20.3.3.306                                                  RATS 2015-3 category - B                                         NM states that references to the TRANSPORTATION OF RADIOACTIVE MATERIAL:                     10 CFR 71 PACKAGING AND TRANSPORTATION OF                        "Commission" means the C. The following modifications are made to the             RADIOACTIVE MATERIAL- See attachment 10 CFR                     "department or NRC." NM needs to incorporated federal regulations in this section:          71_20.3.3.306 Amendments Highlighted                            delete this statement and explicitly (1)commission means the [department or] NRC except a                                                                      specify that the term "commission" specified in subsection (4) below;                                                                                          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.
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
NRC Review Comments letter dated 1/16/18


20.3.3.306                                               RATS 2015-3 category - B                                          NM needs to indicate that the TRANSPORTATION OF RADIOACTIVE MATERIAL:                   § 71.17 General license: NRC-approved package.              (a) A references to the "Commission" and C. The following modifications are made to the           general license is issued to any licensee of the Commission to    "NRC" in this section should be incorporated federal regulations in this section:         transport, or to deliver to a carrier for transport, licensed    replaced with the NM agency. NM (4) all reference in 10 CFR to commission and NRC     material in a package for which a license, certificate of        needs to make the change indicated are changed to Department as follows: 71.17(a), 71.17(b), compliance (CoC), or other approval has been issued by the        above to meet the Compatibility 71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),       NRC.                                                              Category B designation assined to 10 71.106(a)(1), 71.106(b) and 71.106(b)(1).                 (b) This general license applies only to a licensee who has a     CFR 71.17 a.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
quality assurance program approved by the Commission as           NM needs to make the changes satisfying the provisions of subpart H of this part.             indicated above to meet the Compatibility Category B designation assigned to 10 CFR 71.17 b .
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
NRC Review Comments letter dated 1/16/18


20.3.3.306                                               RATS 2015-3 category - B                                      NM needs to indicate that the TRANSPORTATION OF RADIOACTIVE MATERIAL:                   § 71.21 General license: Use of foreign approved package.      references to the "Commission" in C. The following modifications are made to the           (a) A general license is issued to any licensee of the        this section should be replaced with incorporated federal regulations in this section:         Commission to transport, or to deliver to a carrier for        the NM agency.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
(4) all reference in 10 CFR to commission and NRC     transport, licensed material in a package, the design of which NM needs to make the change are changed to Department as follows: 71.17(a), 71.17(b), has been approved in a foreign national competent authority    indicated above to meet the 71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),       certificate, that has been revalidated by the DOT as meeting  Compatibility Category B designation 71.106(a)(1), 71.106(b) and 71.106(b)(1).                 the applicable requirements of 49 CFR 171.23.                  assigned to 10 CFR 71.21.
C. The following modifications are made to the incorporated federal regulations in this section:
(b) Except as otherwise provided in this section, the general NRC Review Comments letter dated license applies only to a licensee who has a quality assurance 1/16/18 program approved by the Commission as satisfying the applicable provisions of subpart H of this part.
(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.
(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.
(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                                             RATS 2015-3 category - C                                      As the NRC has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                 § 71.91 Records.                                              issuing a Certificate of Compliance C. The following modifications are made to the          (c) The licensee, certificate holder, and an applicant for a  (COC), NM needs to indicate that the incorporated federal regulations in this section:   (4) CoC, shall make available to the Commission for inspection,    terms "certificate holder, and all reference in 10 CFR to commission and NRC are   upon reasonable notice, all records required by this part. applicant for a COC" in this section changed to Department as follows: 71.17(a), 71.17(b),   Records are only valid if stamped, initialed, or signed and    apply to the NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),     dated by authorized personnel, or otherwise authenticated. NM needs to indicate that the 71.106(a)(1), 71.106(b) and 71.106(b)(1).                                                                             references to the "Commission" in this section should be replaced with the NM agency.
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),
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.91 c .
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
NRC Review Comments letter dated 1/16/18 20.3.3.306                                             RATS 2015-3 category - C                                      As the NRC has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                 § 71.91 Records.                                              issuing a Certificate of Compliance, C. The following modifications are made to the         (d) The licensee, certificate holder, and an applicant for a  NM needs to indicate that the terms incorporated federal regulations in this section:   (4) CoC shall maintain sufficient written records to furnish      "certificate holder, and applicant for all reference in 10 CFR to commission and NRC are   evidence of the quality of packaging. The records to be        a COC" in this section apply to the changed to Department as follows: 71.17(a), 71.17(b),   maintained include results of the determinations required by  NRC.
71.106(a)(1), 71.106(b) and 71.106(b)(1).
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),     § 71.85; design, fabrication, and assembly records; results of NM needs to indicate that the 71.106(a)(1), 71.106(b) and 71.106(b)(1).               reviews, inspections, tests, and audits; results of monitoring references to the "Commission" in work performance and materials analyses; and results of       this section should be replaced with maintenance, modification, and repair activities. Inspection, the NM agency.
RATS 2015-3 category - C
test, and audit records must identify the inspector or data   NM needs to make the changes recorder, the type of observation, the results, the            indicated above to meet the acceptability, and the action taken in connection with any     Compatibility Category C designation deficiencies noted. These records must be retained for 3       assigned to 10 CFR 71.91 d .
§ 71.91 Records.
years after the life of the packaging to which they apply. NRC Review Comments letter dated 1/16/18
(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                                             RATS 2015-3 category - C                                        NM needs to indicate that the TRANSPORTATION OF RADIOACTIVE MATERIAL:                 § 71.101 Quality assurance requirements.                    (c) references to the "Commission" in C. The following modifications are made to the         Approval of program.                                      (1)  this section should be replaced with incorporated federal regulations in this section:   (4) Before the use of any package for the shipment of licensed      the NM agency.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
all reference in 10 CFR to commission and NRC are   material subject to this subpart, each licensee shall obtain    NM needs to indicate that their changed to Department as follows: 71.17(a), 71.17(b),   Commission approval of its quality assurance program. Using      licensee's quality assurance 71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),     an appropriate method listed in § 71.1(a), each licensee shall  programs should be sent to the NM 71.106(a)(1), 71.106(b) and 71.106(b)(1).               file a description of its quality assurance program, including a agency and indicate the mailing discussion of which requirements of this subpart are             address for the NM Agency.
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),
applicable and how they will be satisfied, by submitting the     NM needs to make the changes description to: ATTN: Document Control Desk, Director,           indicated above to meet the Division of Spent Fuel Management, Office of Nuclear             Compatibility Category C designation Material Safety and Safeguards.                                 assi ned to 10 CFR 71.101 c 1 .
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
NRC Review Comments letter dated 1/16/18 20.3.3.306                                             RATS 2015-3 category -C                                          NM needs to indicate that the TRANSPORTATION OF RADIOACTIVE MATERIAL:                 § 71.106 Changes to quality assurance program.                  references to the "Commission" in C. The following modifications are made to the         (a) Each quality assurance program approval holder shall        this section should be replaced with incorporated federal regulations in this section:   (4) submit, in accordance with § 71.1(a), a description of a        the NM agency.
71.106(a)(1), 71.106(b) and 71.106(b)(1).
all reference in 10 CFR to commission and NRC are   proposed change to its NRC-approved quality assurance            NM needs to make the change changed to Department as follows: 71.17(a), 71.17(b),   program that will reduce commitments in the program              indicated above to meet the 71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),     description as approved by the NRC. The quality assurance        Compatibility Category C designation 71.106(a)(1), 71.106(b) and 71.106(b)(1).               program approval holder shall not implement the change           assigned to 10 CFR 71.106 a.
RATS 2015-3 category - C
before receiving NRC approval.                                  NRC Review Comments letter dated 1/16/18
§ 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                                             RATS 2015-3 category - C                                      NM needs to indicate that the TRANSPORTATION OF RADIOACTIVE MATERIAL:                 § 71.106 Changes to quality assurance program.                references to the "NRC" in this C. The following modifications are made to the          (a)                                                          section should be replaced with the incorporated federal regulations in this section:   (4) (1) The description of a proposed change to the NRC-          NM agency.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
all reference in 10 CFR to commission and NRC are   approved quality assurance program must identify the          NM needs to make the change changed to Department as follows: 71.17(a), 71.17(b),   change, the reason for the change, and the basis for          indicated above to meet the 71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),     concluding that the revised program incorporating the        Compatibility Category C designation 71.106(a)(1), 71.106(b) and 71.106(b)(1).               change continues to satisfy the applicable requirements of   assigned to 10 CFR 71.106 a 1 .
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),
subpart H of this part.                                      NRC Review Comments letter dated 1/16/18 20.3.3.306                                             RATS 2015-3 category - C                                      NM needs to indicate that the TRANSPORTATION OF RADIOACTIVE MATERIAL:                 § 71.106 Changes to quality assurance program.          (b)  references to the "NRC" in this C. The following modifications are made to the          Each quality assurance program approval holder may change    section should be replaced with the incorporated federal regulations in this section:   (4) a previously approved quality assurance program without      NM agency.
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
all reference in 10 CFR to commission and NRC are   prior NRC approval, if the change does not reduce the        NM needs to make the change changed to Department as follows: 71.17(a), 71.17(b),   commitments in the quality assurance program previously      indicated above to meet the 71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),     approved by the NRC. Changes to the quality assurance        Compatibility Category C designation 71.106(a)(1), 71.106(b) and 71.106(b)(1).               program that do not reduce the commitments shall be           assigned to 10 CFR 71.106 b.
71.106(a)(1), 71.106(b) and 71.106(b)(1).
submitted to the NRC every 24 months, in accordance with §   NRC Review Comments letter dated 71.1(a). In addition to quality assurance program changes     1/16/18 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:
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                                                   RATS 2015-3 category - B                                    NM needs to indicate that the TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.106 Changes to quality assurance program.              references to the "Commission" and C. The following modifications are made to the               (b)(1) The use of a quality assurance standard approved by  "NRC" in this section should be incorporated federal regulations in this section:     (4)   the NRC that is more recent than the quality assurance      replaced with the NM agency. NM all reference in 10 CFR to commission and NRC are       standard in the certificate holder's or applicant's current  needs to make the change indicated changed to Department as follows: 71.17(a), 71.17(b),       quality assurance program at the time of the change;        above to meet the Compatibility 71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),                                                                       Category C designation assigned to 71.106(a)(1), 71.106(b) and 71.106(b)(1).                                                                                 10 CFR 71.106 b 1 .
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
NRC Review Comments letter dated 1/16/18 20.3.3.306                                                   RATS 2015-3 category - C                                    As the NRG has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.91 Records.                                            issuing a Certificate of Compliance C. The following modifications are made to the              (c) The licensee, certificate holder, and an applicant for a (COC), NM needs to indicate that the incorporated federal regulations in this section:       (5) CoC, shall make available to the Commission for inspection,  terms "certificate holder, and all reference in 10 CRF to certificate holder, applicant upon reasonable notice, all records required by this part. applicant for a COC" in this section and applicant for a certificate of compliance (COC) apply Records are only valid if stamped, initialed, or signed and  apply to the NRG.
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),
to the NRC as follows 71.91(c), 71.91(d), 71.101(a),         dated by authorized personnel, or otherwise authenticated. NM needs to indicate that the 71.101(b), 71.103(a) and 71.135.                                                                                          references to the "Commission" in this section should be replaced with the NM agency.
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.91 c .
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
NRC Review Comments letter dated 1/16/18


20.3.3.306                                                   RATS 2015-3 category - C                                      As the NRC has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.91 Records                                                issuing a Certificate of Compliance, C. The following modifications are made to the               (d) The licensee, certificate holder, and an applicant for a  NM needs to indicate that the terms incorporated federal regulations in this section:       (5) CoC shall maintain sufficient written records to furnish      "certificate holder, and applicant for all reference in 10 CRF to certificate holder, applicant evidence of the quality of packaging. The records to be        a COG" in this section apply to the and applicant for a certificate of compliance (COC) apply maintained include results of the determinations required by  NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
to the NRC as follows 71.91(c), 71.91(d), 71.101(a),         § 71.85; design, fabrication, and assembly records; results of NM needs to indicate that the 71.101(b), 71.103(a) and 71.135.                             reviews, inspections, tests, and audits; results of monitoring references to the "Commission" in work performance and materials analyses; and results of       this section should be replaced with maintenance, modification, and repair activities. Inspection, the NM agency.
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),
test, and audit records must identify the inspector or data   NM needs to make the changes recorder, the type of observation, the results, the            indicated above to meet the acceptability, and the action taken in connection with any     Compatibility Category C designation deficiencies noted. These records must be retained for 3       assi ned to 10 CFR 71.91 d .
71.101(b), 71.103(a) and 71.135.
years after the life of the packaging to which they apply. NRC Review Comments letter dated 1/16/18
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                                                   RATS 2015-3 category -C                                          As the NRC has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.101 Quality assurance requirements                      (a) issuing a Certificate of Compliance, C. The following modifications are made to the               Purpose. This subpart describes quality assurance                NM needs to indicate that the terms incorporated federal regulations in this section:       (5) requirements applying to design, purchase, fabrication,          "certificate holder, and applicant for all reference in 10 CRF to certificate holder, applicant handling, shipping, storing, cleaning, assembly, inspection,    a COC" in this section apply to the and applicant for a certificate of compliance (COC) apply testing, operation, maintenance, repair, and modification of    NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
to the NRC as follows 71.91(c), 71.91(d), 71.101(a),         components of packaging that are important to safety. As        NM needs to make the change 71.101(b), 71.103(a) and 71.135.                             used in this subpart, "quality assurance" comprises all those   indicated above to meet the planned and systematic actions necessary to provide             Compatibility Category C designation adequate confidence that a system or component will             assi ned to 10 CFR 71.101 a.
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),
perform satisfactorily in service. Quality assurance includes   NRC Review Comments letter dated quality control, which comprises those quality assurance         1/16/18 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.
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                                                   RATS 2015-3 category - C                                        As the NRC has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.101 Quality assurance requirements                    (b) issuing a Certificate of Compliance, C. The following modifications are made to the               Establishment of program. Each licensee, certificate holder,    NM needs to indicate that the terms incorporated federal regulations in this section:       (5) and applicant for a CoC shall establish, maintain, and execute  "certificate holder, and applicant for all reference in 10 CRF to certificate holder, applicant a quality assurance program satisfying each of the applicable  a COC" in this section apply to the and applicant for a certificate of compliance (COC) apply criteria of §§ 71.101 through 71.137 and satisfying any        NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
to the NRC as follows 71.91(c), 71.91(d), 71.101(a),         specific provisions that are applicable to the licensee's      NM needs to make the change 71.101(b), 71.103(a) and 71.135.                             activities including procurement of packaging. The licensee,   indicated above to meet the certificate holder, and applicant for a CoC shall execute the   Compatibility Category C designation applicable criteria in a graded approach to an extent that is   assigned to 10 CFR 71.101 b.
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),
commensurate with the quality assurance requirement's          NRC Review Comments letter dated importance to safety.                                          1/16/18 20.3.3.306                                                   RATS 2015-3 category - C                                        As the NRC has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.103 Quality assurance organization.                        issuing a Certificate of Compliance, C. The following modifications are made to the               (a) The licensee, certificate holder, and applicant for a      NM needs to indicate that the terms incorporated federal regulations in this section:       (5) Certificate of Compliance shall be responsible for the          "certificate holder, and applicant for all reference in 10 CRF to certificate holder, applicant establishment and execution of the quality assurance            a COC" in this section apply to the and applicant for a certificate of compliance (COC) apply program. The licensee, certificate holder, and applicant for a  NRC.
71.101(b), 71.103(a) and 71.135.
to the NRC as follows 71.91(c), 71.91(d), 71.101(a),         Certificate of Compliance may delegate to others, such as      NM needs to make the change 71.101(b), 71.103(a) and 71.135.                             contractors, agents, or consultants, the work of establishing   indicated above to meet the and executing the quality assurance program, or any part of     Compatibility Category C designation the quality assurance program, but shall retain responsibility assigned to 10 CFR 71.103 a.
RATS 2015-3 category - C
for the program. These activities include performing the       NRC Review Comments letter dated functions associated with attaining quality objectives and the 1/16/18 quality assurance functions.
§ 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                                                   RATS 2015-3 category - C                                        As the NRC has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.135 Quality assurance records.                              issuing a Certificate of Compliance, C. The following modifications are made to the               The licensee, certificate holder, and applicant for a            NM needs to indicate that the terms incorporated federal regulations in this section:       (5) Certificate of Compliance shall maintain sufficient written      "certificate holder, and applicant for all reference in 10 CRF to certificate holder, applicant records to describe the activities affecting quality. These      a COC" in this section apply to the and applicant for a certificate of compliance (COC) apply records must include changes to the quality assurance            NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
to the NRC as follows 71.91(c), 71.91(d), 71.101(a),         program as required by § 71.106, the instructions,              NM needs to make the change 71.101(b), 71.103(a) and 71.135.                             procedures, and drawings required by § 71.111 to prescribe       indicated above to meet the quality assurance activities, and closely related specifications Compatibility Category C designation such as required qualifications of personnel, procedures, and   assi ned to 10 CFR 71.135.
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),
equipment. The records must include the instructions or         NRC Review Comments letter dated procedures that establish a records retention program that is   1/16/18 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.
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                                                 RATS 2015-3 category - NRC                                        NM needs to except 71.11, 71.70, TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.11 Protection of Safeguards Information                      71.85(a)-(c), and 71.91{b) from D. The following provisions contained in 10 CFR 71 are     Each licensee, certificate holder, or applicant for a Certificate incorporation by reference as they applicable to the NRC and not incorporated in this section: of Compliance for a transportation package for transport of      are reserved to the NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, irradiated reactor fuel, strategic special nuclear material, a    NM needs to make the change 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61,     critical mass of special nuclear material, or byproduct          indicated above to meet the 71.63, 71.64, 71.65, 71.70, 71.71, 71.73, 71.74, 71.75,     material in quantities determined by the Commission              Compatibility Category NRC 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e), through order or regulation to be significant to the public      designation assigned to 10 CFR 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119,     health and safety or the common defense and security, shall      71.11, 71.70, 71.85(a)-(c), and 71.121, 71.123, and 71.125.                                protect Safeguards Information against unauthorized               71.91 b.
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
disclosure in accordance with the requirements in § 73.21         NRC Review Comments letter dated and the requirements of § 73.22 or § 73.23 of this chapter, as   1/16/18 applicable.
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                                                 RATS 2015-3 category - NRC                                      NM needs to except 71.11, 71.70, TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.70 Incorporations by reference.                        (a) 71.85(a)-(c), and 71.91{b) from D. The following provisions contained in 10 CFR 71 are     The materials listed in this section are incorporated by        incorporation by reference as they applicable to the NRC and not incorporated in this section: reference in the corresponding sections noted and made a        are reserved to the NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, part of the regulations in part 71. These incorporations by    NM needs to make the change 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61,     reference were approved by the Director of the Federal          indicated above to meet the 71.63, 71.64, 71.65, 71.70, 1.71, 71.73, 71.74, 71.75,     Register under 5 U.S.C. 552(a) and 1 CFR part 51. These        Compatibility Category NRC 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e), materials are incorporated as they exist on the date of the    designation assigned to 10 CFR 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119,     approval. A notice of any changes made to the material          71.11, 71.70, 71.85(a)-(c), and 71.121, 71.123, and 71.125.                                 incorporated by reference will be published in the Federal     71.91 b.
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
Register, and the material must be available to the public. NRC Review Comments letter dated The materials can be examined, by appointment, at the           1/16/18 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.
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.
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:
§ 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.
+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
(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.
§ 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),
(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.
incorporation by reference approved for § 71.75(d), is available on http://www.amazon.com.


20.3.3.306                                                 RATS 2015-3 category - NRC                                    NM needs to except 71.11, 71.70, TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.85 Preliminary determinations.                            71.85(a)-(c), and 71.91{b) from D. The following provisions contained in 10 CFR 71 are     Before the first use of any packaging for the shipment of      incorporation by reference as they applicable to the NRC and not incorporated in this section: licensed material                                            are reserved to the NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, (a) The certificate holder shall ascertain that there are no  NM needs to make the change 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61,     cracks, pinholes, uncontrolled voids, or other defects that    indicated above to meet the 71.63, 71.64, 71.65, 71.70, 71.71, 71.73, 71.74, 71.75,     could significantly reduce the effectiveness of the packaging; Compatibility Category NRC 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e), (b) Where the maximum normal operating pressure will          designation assigned to 10 CFR 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119,     exceed 35 kPa (5 lbf/in2) gauge, the certificate holder shall 71.11, 71.70, 71.85(a)-(c), and 71.121, 71.123, and 71.125.                                test the containment system at an internal pressure at least   71.91 b.
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
50 percent higher than the maximum normal operating           NRC Review Comments letter dated pressure, to verify the capability of that system to maintain 1/16/18 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.
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                                                 RATS 2015-3 category - NRC                                    NM needs to except 71.11, 71.70, TRANSPORTATION OF RADIOACTIVE MATERIAL:                     § 71.91 Records.                                              71.85(a)-(c), and 71.91{b) from D. The following provisions contained in 10 CFR 71 are     (b) Each certificate holder shall maintain, for a period of 3 incorporation by reference as they applicable to the NRC and not incorporated in this section: years after the life of the packaging to which they apply,    are reserved to the NRC.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, records identifying the packaging by model number, serial    NM needs to make the change 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61,     number, and date of manufacture.                              indicated above to meet the 71.63, 71.64, 71.65, 71.70, 71.71, 71.73, 71.74, 71.75,                                                                   Compatibility Category NRC 71.77, 71.85(a)-(c), 71.91(b), 71.101(c)(2), (d), and (e),                                                               designation assigned to 10 CFR 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119,                                                                   71.11, 71.70, 71.85(a)-(c), and 71.121, 71.123, and 71.125.                                                                                              71.91 b.
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
NRC Review Comments letter dated 1/16/18 20.3.3.307                                                 RATS 2013-1 category - B                                      New Mexico adopts Part 37 by FILING APPLICATION FOR SPECIFIC LICENSES:                   § 37.27 Requirements for criminal history records checks of  reference and states, any reference E. An application for a specific license of category 1 and individuals granted unescorted access to category 1 or        made to the commission or NRC shall category 2 quantities of radioactive material shall comply category 2 quantities of radioactive material.                be deemed a reference to the with 10 CFR 37. The licensee shall comply with 10 CFR 37   (c) Procedures for processing of fingerprint checks.          department. This does not apply to except as follows:                                                                                                       10 CFR 37.27(c) fingerprint (1)any reference to the commission or NRC shall be                                                                       submissions.
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),
deemed a reference to the department;                                                                                     New Mexico needs to exempt (2)10 CFR 37.5 definitions of agreement state,                                                                           37.27(c) from 20.3.3.307.E byproduct material, commission and person shall not be                                                                   (1) in order to meet the applicable;                                                                                                               Compatibility (3)10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),                                                                     Category B designation assigned to 10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.105, and 10 CFR                                                                  10 CFR 37.27(c).
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
37.107 shall not be applicable; and                                                                                       NRC Review Comments letter dated (4)the license required report of events or notification                                                                 8/9/17 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 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                                                     RCB correction FILING APPLICATION FOR SPECIFIC LICENSES:                       1. New Mexico has its own L. An application for a specific license to transfer           equivalent regulation source material under this section [10 CFR 40].                 2. Incorrect reference: 10 CFR 40.22 (1) An application for a specific license to initially transfer is for a general license source material for use under [10 CFR 40.22, and               3. Incorrect reference: 20.3.3.304.B equivalent regulations] 20.3.3.307 [20.3.3.304.B] NMAC,         is for a general license will be approved if:                                           4. The department issues the license (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.
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                                                   RATS 2013-1 category - B Throughout their equivalent FILING APPLICATION FOR SPECIFIC LICENSES:                                             regulations to 40.55, New Mexico L. Continued                                                                         references 10 CFR 40.54. As New (2) Each person licensed under this section [10 CFR                                   Mexico has equivalent regulations to 40.54] shall label the immediate container of each                                   40.54, they should cite their quantity of source material with the type of source                                   regulations and not 40.54.
20.3.3.307 FILING APPLICATION FOR SPECIFIC LICENSES:
material and quantity of material and the words,                                     New Mexico needs to make the radioactive material.                                                               changes indicated above in order to (3)Each person licensed under       this section [10 CFR                             meet the Compatibility Category B 40.54] shall ensure that the quantities and concentrations                           designation assigned to 10 CFR of source material are as labeled and indicated in any                               40.55.                        NRC transfer records.                                                                     Review Comments letter dated (4)Each person licensed under       this section [10 CFR                             8/9/17 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:
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.
20.3.3.307                                                  RATS 2013-1 category - B Throughout their equivalent FILING APPLICATION FOR SPECIFIC LICENSES:                    continued                regulations to 40.55, New Mexico L. (4) Continued                                                                      references 10 CFR 40.54. As New (a)a copy of 20.3.3.307.L NMAC [10 CFR 40.22] and 10                                 Mexico has equivalent regulations to CFR 40.51 [or equivalent regulations under 20.3.3.304                                 40.54, they should cite their NMAC]; and                                                                           regulations and not 40.54.
(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.
(b)appropriate radiation safety precautions and                                       New Mexico needs to make the instructions relating to handling, use, storage, and                                 changes indicated above in order to disposal of the material.                                                             meet the Compatibility Category B (5)Each person licensed under this section [10 CFR 40.54]                             designation assigned to 10 CFR shall report transfers as follows:                                                   40.55.                        NRC (a)File a report with the department under 20.3.1.116                                 Review Comments letter dated NMAC. The report shall include the following information:                             8/9/17                         RCB Correction                 Incorrect reference:10 CFR 40.22 is for a general license
(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:                   RATS 2013-2 Category - B                                        New Mexico omits the word and L.(5)(a) Continued                                         § 40.55 Conditions of licenses to initially transfer source    between their equivalent to (i)The name, address, and license number of the person     material for use under the 'small quantities of source        40.55(d)(2)(i) and (ii). New Mexico who transferred the source material; and       (ii)For each material' general license: Quality control, labeling, safety  needs to add the word and as general licensee under 10 CFR 40.22 or [and] 20.3.3.304     instructions, and records and reports.              (d) Each  indicated.                  New
FILING APPLICATION FOR SPECIFIC LICENSES:
[20.3.3.307] NMAC to whom greater than 50 grams (0.11       person licensed under § 40.54 shall report transfers as        Mexico needs to make the changes lb) of source material has been transferred in a single     follows:                                                      indicated above in order to meet the calendar quarter, the name and address of the general       (2) File a report with each responsible Agreement State        Compatibility Category B designation licensee to whom source material is distributed; a         agency that identifies all persons, operating under provisions assigned to 10 CFR 40.55(d).
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
responsible agent, by name and/or position and phone        equivalent to § 40.22, to whom greater than 50 grams (0.11     NRC Review Comments letter dated number, of the general licensee to whom the material was    lb) of source material has been transferred within a single   8/9/17 sent; and the type, physical form, and quantity of source  calendar quarter. The report shall include the following material transferred; and                                  information specific to those transfers made to the (iii)The total quantity of each type and physical form      Agreement State being reported to:
[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.
of source material transferred in the reporting period to  (i) The name, address, and license number of the person who all such generally licensed recipients.                    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.
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:                   RATS 2013-2 Category - B                                      In their equivalent regulations to L.(5)(a) Continued                                           § 40.55 Conditions of licenses to initially transfer source    40.55(d)(2)(ii), New Mexico omits the (i)The name, address, and license number of the person       material for use under the 'small quantities of source        word or and inserts the word who transferred the source material; and       (ii)For each  material' general license: Quality control, labeling, safety  and in the sentence, (ii) For each general licensee under 10 CFR 40.22 or [and] 20.3.3.304     instructions, and records and reports.              (d) Each  general licensee under § 40.22 (ii)
FILING APPLICATION FOR SPECIFIC LICENSES:
[20.3.3.307] NMAC to whom greater than 50 grams (0.11       person licensed under § 40.54 shall report transfers as        For each general licensee under § lb) of source material has been transferred in a single     follows:                                                      40.22 or equivalent Agreement State calendar quarter, the name and address of the general       (2) File a report with each responsible Agreement State       provisions equivalent Agreement licensee to whom source material is distributed; a          agency that identifies all persons, operating under provisions State provisions. New Mexico responsible agent, by name and/or position and phone        equivalent to § 40.22, to whom greater than 50 grams (0.11     needs to replace and with or.
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
number, of the general licensee to whom the material was    lb) of source material has been transferred within a single   RCB Correction sent; and the type, physical form, and quantity of source    calendar quarter. The report shall include the following       Incorrect reference:20.3.3.307 is for material transferred; and                                    information specific to those transfers made to the           a specific license (iii)The total quantity of each type and physical form      Agreement State being reported to:
[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.
of source material transferred in the reporting period to    (i) The name, address, and license number of the person who all such generally licensed recipients.                      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.
RATS 2013-2 Category - B
FILING APPLICATION FOR SPECIFIC LICENSES:                   RATS 2013-1 category - B                                      Throughout their equivalent L.(5)                                             (d)Each                                                                 regulations to 40.55, New Mexico person licensed under 20.3.3.304 NMAC [10 CFR 40.54]                                                                       references 10 CFR 40.54. As New shall maintain all information that supports the reports                                                                   Mexico has equivalent regulations to required by this section concerning each transfer to a                                                                     40.54, they should cite their general licensee for a period of one year after the event is                                                               regulations and not 40.54.
§ 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:
included in a report to the NRC or to an agreement state                                                                   New Mexico needs to make the agency.                                                                                                                    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
(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                                                   RATS 2015-5 category - B                                    10 CFR 71.4- wherever they may PUBLIC NOTICE, PARTICIPATION AND HEARING:                                                                                 occur, remove the word tribe and B.(3)(a)any local, state, Indian T[t]ribal government or                                                                   add in its place the word Tribe, federal government agency that the secretary determines                                                                    remove the word tribes and add in may be significantly affected or interested; and                                                                          its place the word Tribes, and remove the word tribal and add in its place the word Tribal.
20.3.3.310 PUBLIC NOTICE, PARTICIPATION AND HEARING:
Base on RATS 2015-5 letter dated 12/31/15 20.3.3.315                                                   RATS 2012-4 category - B                                    In § 32.51, paragraph(a)(6) is added E.Licensing the manufacture and distribution of devices       § 32.51 Byproduct material contained in devices for use      to read as follows:
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.
to persons generally licensed under Subsection B of           under § 31.5; requirements for license to manufacture, or 20.3.3.305 NMAC                         (1) Requirements     initially transfer.                                          (a) * *
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:
* for approval of a license application. An application for a  (a) An application for a specific license to manufacture, or specific license to manufacture or initially transfer devices initially transfer devices containing byproduct material to (6) The device has been registered in containing radioactive material to persons generally          persons generally licensed under § 31.5 of this chapter or   the Sealed Source and Device licensed under Subsection B of 20.3.3.305 NMAC or            equivalent regulations of an Agreement State will be         Registry.              Base on RATS equivalent regulations of the NRC or an agreement state      approved if:                                       (6) The   2012-4 letter dated 10/23/15 will be approved if:                                          device has been registered in the Sealed Source and Device (f) The device has been registered in the Sealed Source       Registry.
(f) The device has been registered in the Sealed Source and Device Registry.
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     20.3.3 NMAC RCB Amendments RCB of devices to persons generally licensed under Subsection   correction: subsection D of B of 20.3.3.305 NMAC.                     (4) Transfer     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:
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:
(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;
(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   20.3.3 NMAC RCB Amendments RCB of devices to persons generally licensed under Subsection   correction: subsection D of B of 20.3.3.305 NMAC.                     (4) Transfer     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.]
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   20.3.3 NMAC RCB Amendments RCB of devices to persons generally licensed under Subsection   correction: subsection D of B of 20.3.3.305 NMAC.                     (4) Transfer     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]
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)
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].
[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                                                 RATS 2012-4 Category - B                                      New Mexico needs to update the SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO             § 32.56 Same: Material transfer reports.                      NRCs contact office name to, Office MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE               (a) Each person licensed under § 32.53 shall file an annual   of Nuclear Material Safety and COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN            report with the Director, Office of Nuclear Material Safety   Safeguards.                New RADIOACTIVE MATERIAL: F. Special requirements for          and Safeguards, ATTN: Document Control Desk/GLTS, by an       Mexico needs to make the changes the manufacture, assembly, repair or initial transfer of  appropriate method listed in § 30.6(a) of this chapter, which indicated above in order to meet the luminous safety devices for use in aircraft.              must state the total quantity of tritium or promethium-147     Compatibility Category B designation (3) each person licensed under 10 CFR 32.53 shall file an  transferred to persons generally licensed under § 31.7 of this assigned to 10 CFR32.56.
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.
annual report with the director, office of Nuclear        chapter. The report must identify each general licensee by     NRC Review Comments letter dated Materials Safety and Safeguards [federal and state        name, state the kinds and numbers of luminous devices         8/9/17 materials and environmental management programs],          transferred, and specify the quantity of tritium or ATTN: document control desk/GLTS by an appropriate        promethium-147 in each kind of device. Each report must method listed in 10 CFR 30.6(a) which must state the total cover the year ending June 30 and must be filed within thirty quantity of tritium or promethium-147 transferred to      (30) days thereafter. If no transfers have been made to persons generally licensed under 10 CFR 31.7. The report   persons generally licensed under § 31.7 of this chapter must identify each general licensee by name, state the     during the reporting period, the report must so indicate.
(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],
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
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       RATS 2012-4 Category - B                                    in section F.(4), New Mexico omitted REQUIREMENTS FOR A SPECIFIC LICENSE TO                       § 32.56 Same: Material transfer reports.                    the word State in the following:
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.
MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE                 (b) Each person licensed under § 32.53 shall report annually are equivalent to § 31.7 of this COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN               all transfers of devices to persons for use under a general  chapter to the responsible RADIOACTIVE MATERIAL: F. Special requirements for           license in an Agreement State's regulations that are        Agreement State agency.
(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.
the manufacture, assembly, repair or initial transfer of     equivalent to § 31.7 of this chapter to the responsible      New Mexico needs to make the luminous safety devices for use in aircraft.                 Agreement State agency. The report must state the total      changes indicated above in order to (4) each person licensed under 10 CFR 32.53 shall report     quantity of tritium or promethium-147 transferred, identify  meet the Compatibility Category B annually all transfers of devices to persons for use under a each general licensee by name, state the kinds and numbers   designation assigned to 10 CFR general license in an agreement states regulations that    of luminous devices transferred, and specify the quantity of 32.56.                    NRC Review are equivalent to 10 CFR 31.7 of this paragraph to the      tritium or promethium-147 in each kind of device. If no     Comments letter dated 8/9/17 responsible agreement state agency. The report must          transfers have been made to a particular Agreement State state the total quantity of tritium or promethium-147       during the reporting period, this information must be transferred, identify each general licensee by name, state   reported to the responsible Agreement State agency upon the kinds and numbers of luminous devices transferred,       request of the agency.
RATS 2012-4 Category - B
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.
§ 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                                                     RATS 2015-5 category - B 10 CFR 71.4- wherever they may SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO                                         occur, remove the word tribe and MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE                                             add in its place the word Tribe, COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN                                         remove the word tribes and add in RADIOACTIVE MATERIAL:                           J. (2)(d)(ii)                         its place the word Tribes, and the individual practiced at a pharmacy at a government                                 remove the word tribal and add in agency or federally recognized Indian T[t]ribe before                                   its place the word Tribal.
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.
November 30, 2007, or at all other pharmacies in non-                                   Base on RATS 2015-5 letter dated licensing states, as defined in 20.3.1.7 NMAC, before                                   12/31/15 August 8, 2009, or an earlier date as noticed by the NRC; 20.3.3.315                                                    RATS 2015-5 category - B 10 CFR 71.4- wherever they may SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO                                          occur, remove the word tribe and MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE                                            add in its place the word Tribe, COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN                                         remove the word tribes and add in RADIOACTIVE MATERIAL:                       J(2)(f)(v)                                 its place the word Tribes, and documentation that only accelerator-produced                                           remove the word tribal and add in radioactive materials were used in the practice of nuclear                             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.
pharmacy at a government agency or federally recognized                                 Base on RATS 2015-5 letter dated Indian T[t]ribe before November 30, 2007, or at all other                               12/31/15 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
Base on RATS 2015-5 letter dated 12/31/15


20.3.4 Table 462.1                                       Appendix C to Part 20Quantities1 of Licensed Material       RCB Correction Hydrogen-3 1,000                                          Requiring Labeling                               Hydrogen-3 Beryllium-7 1,000                                        H-3 1,000 Beryllium-10 1                                            Beryllium-7 Be-7 1,000 Carbon-11 1,000                                          Beryllium-10 Be-10       1 Carbon-14 [1,000] 100                                    Carbon-11     C-11 1,000 Carbon-14     C-14 100 20.3.4.425                                               RATS 2013-1 category - B                                    New Mexico adopts Part 37 by SECURITY AND CONTROL OF LICENSED OR REGISTERED           § 37.27 Requirements for criminal history records checks of  reference and states, any reference SOURCES OF RADIATION:                                     individuals granted unescorted access to category 1 or      made to the commission or NRC shall A. The licensee shall secure from unauthorized           category 2 quantities of radioactive material.              be deemed a reference to the removal or access licensed materials that are stored in   (c) Procedures for processing of fingerprint checks.        department. This does not apply to controlled or unrestricted areas. The licensee possessing                                                             10 CFR 37.27(c) fingerprint category 1 and category 2 quantities of radioactive                                                                   submissions.
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:
materials shall comply with 10 CFR 37. The licensee shall                                                             New Mexico needs to exempt comply with 10 CFR 37 except as follows:                                                                               37.27(c) from 20.3.3.307.E (1)any reference to the commission or NRC shall be                                                                     (1) in order to meet the deemed a reference to the department; (2)10 CFR                                                                       Compatibility 37.5 definitions of agreement state, byproduct material,                                                               Category B designation assigned to commission and person shall not be applicable;                                                                         10 CFR 37.27(c).
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:
(3)10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),                                                                 NRC Review Comments letter dated 10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR                                                                   8/9/17 37.105, and 10 CFR 37.107 shall not be applicable; and
(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                     RATS 2015-5 category - B In part 20, wherever it may occur, TRANSFERS OF LOW-LEVEL RADIOACTIVE WASTE                                             remove the phrase Office of INTENDED FOR DISPOSAL AT LICENSED LAND DISPOSAL                                       Information Services and add in its FACILITIES AND MANIFESTS:                     A.                                     place the phrase Office of (3)     NRC forms 540, 540A, 541, 541A, 542 and 542A,                               the Chief Information Officer Base and the accompanying instructions, in hard copy, may be                               on RATS 2015-5 letter dated obtained by writing or calling the [o]Office of the [c]Chief                         12/31/15 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.
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                                                 RATS 2013-1 category - B                                    New Mexico adopts Part 37 by SPECIFIC LICENSE FOR INDUSTRIAL RADIOGRAPHY: An           § 37.27 Requirements for criminal history records checks of reference and states, any reference application for a specific license for the use of licensed individuals granted unescorted access to category 1 or      made to the commission or NRC shall material in industrial radiography will be approved if the category 2 quantities of radioactive material.              be deemed a reference to the applicant meets the following requirements:               (c) Procedures for processing of fingerprint checks.        department. This does not apply to B.An application for a specific license of category 1 and                                                             10 CFR 37.27(c) fingerprint category 2 quantities of radioactive material shall comply                                                             submissions.
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:
with 10 CFR 37. The licensee shall comply with 10 CFR 37                                                               New Mexico needs to exempt except as follows:                                                                                                     37.27(c) from 20.3.3.307.E (1)any reference to the commission or NRC shall be                                                                     (1) in order to meet the deemed a reference to the department;                                                                                 Compatibility (2)10 CFR 37.5 definitions of agreement state,                                                                         Category B designation assigned to byproduct material, commission and person shall not be                                                                 10 CFR 37.27(c).
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:
applicable;                                                                                                           NRC Review Comments letter dated (3)10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),                                                                 8/9/17 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.
(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                                                 RATS 2013-1 category - B                                    New Mexico adopts Part 37 by GENERAL REGULATORY REQUIREMENTS:                           § 37.27 Requirements for criminal history records checks of reference and states, any reference E. Application for license, amendment or renewal.         individuals granted unescorted access to category 1 or      made to the commission or NRC shall (3)An application for a specific license of category 1 and category 2 quantities of radioactive material.              be deemed a reference to the category 2 quantities of radioactive material shall comply (c) Procedures for processing of fingerprint checks.        department. This does not apply to with 10 CFR 37. The licensee shall comply with 10 CFR 37                                                               10 CFR 37.27(c) fingerprint except as follows:                                                                                                     submissions.
20.3.7.700 GENERAL REGULATORY REQUIREMENTS:
(a)any reference to the commission or NRC shall be                                                                     New Mexico needs to exempt deemed a reference to the department;                                                                                 37.27(c) from 20.3.3.307.E (b)10 CFR 37.5 Definitions of: agreement state,                                                                       (1) in order to meet the byproduct material, commission and person shall not be                                                                 Compatibility applicable,                                                                                                           Category B designation assigned to (c)10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),                                                                 10 CFR 37.27(c).
E. Application for license, amendment or renewal.
10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR                                                                   NRC Review Comments letter dated 37.105, and 10 CFR 37.107 shall not be applicable;                                                                     8/9/17 20.3.12.9                                                  RATS 2013-1 category - B                                   New Mexico adopts Part 37 by SPECIFIC LICENSES FOR WELL LOGGING:                        § 37.27 Requirements for criminal history records checks of reference and states, any reference B. An application for a specific license of category 1 and individuals granted unescorted access to category 1 or      made to the commission or NRC shall category 2 quantities of radioactive material shall comply category 2 quantities of radioactive material.              be deemed a reference to the with 10 CFR 37. The licensee shall comply with 10 CFR 37   (c) Procedures for processing of fingerprint checks.        department. This does not apply to except as follows:                                                                                                     10 CFR 37.27(c) fingerprint (1)any reference to the commission or NRC shall be                                                                     submissions.
(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:
deemed a reference to the department;                                                                                 New Mexico needs to exempt (2)10 CFR 37.5 definitions of agreement state,                                                                         37.27(c) from 20.3.3.307.E byproduct material, commission and person shall not be                                                                 (1) in order to meet the applicable;                                                                                                           Compatibility Category B designation (3)10 CFR 37.7, 10 CFR 37.9, 37.11(a) and (b), 10 CFR                                                                 assigned to 10 CFR 37.27(c).
(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),
37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR 37.105, and                                                               NRC Review Comments letter dated 10 CFR 37.107 shall not be applicable;                                                                                 8/9/17
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                                               RATS 2013-1 category - B                                    New Mexico adopts Part 37 by SPECIFIC LICENSES FOR IRRADIATORS:                     B. § 37.27 Requirements for criminal history records checks of reference and states, any reference An application for a specific license of category 1 and   individuals granted unescorted access to category 1 or      made to the commission or NRC shall category 2 quantities of radioactive material shall comply category 2 quantities of radioactive material.              be deemed a reference to the with 10 CFR 37. The licensee shall comply with 10 CFR 37   (c) Procedures for processing of fingerprint checks.        department. This does not apply to except as follows:                                                                                                     10 CFR 37.27(c) fingerprint (1)any reference to the commission or NRC shall be                                                                     submissions.
20.3.15.1502 SPECIFIC LICENSES FOR IRRADIATORS: B.
deemed a reference to the department;                                                                                 New Mexico needs to exempt (2)10 CFR 37.5 definitions of agreement state,                                                                         37.27(c) from 20.3.3.307.E byproduct material, commission and person shall not be                                                                 (1) in order to meet the applicable;                                                                                                           Compatibility (3)10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b),                                                                 Category B designation assigned to 10 CFR 37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR                                                                    10 CFR 37.27(c).                NRC 37.105, and 10 CFR 37.107 shall not be applicable;                                                                     Review Comments letter dated (4)for any reporting or notification requirements that                                                                 8/9/17 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.}}
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}}

Latest revision as of 21:04, 27 November 2024

New Mexico Cross Reference
ML21301A144
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Issue date: 10/27/2021
From:
Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
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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

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