ML21301A144: Difference between revisions

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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.
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


20.3.3.7 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 offi cial means the highest ranking individual that 1994, 25 U.S.C. 5130. its place the word Tribal.
20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
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
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  


20.3.3.301 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.
20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
forth in the Radiation Protection Act, NMSA 1978, this part and parts 19, 20, and 21 of this chapter to the E D ] }v   }ul Z 
C. Exempt items. (4)(b)
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).
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,
NRCiommWVWaW 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 Z EZ r]µ   ]-] µ]}vo]  v U
[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.
these materials or products containing source material by material by an Agreement State, and persons who import E D ] }v   }  o  Z ]-
RATS 2012-4 Category - B
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.
§ 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
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).
§ 32.26 of this chapter and for a certificate of registration in accordance with § 32.210 of this chapter.
NRCiommWVWaW 8/9/17
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  


20.3.3.302 EXEMPTIONS - RADIOACTIVE MATERIAL None RCB correction:
20.3.3.304 GENERAL LICENSES - SOURCE MATERIAL:
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 (}-]  o]u]v}-}-/}v
B. Small quantities of source material. (1)
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.
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
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.
§ 40.22 Small quantities of source material. (1)
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.
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
20.3.3.302 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-icUicenVeV WUae C. Exempt items. 85, or promethium-147 proTucWayeranVferreTyUe 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.
 
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.
20.3.3.304 GENERAL LICENSES - 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.
B. Small quantities of source material.
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
(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.
Z]-P-ZXdZ]  u]}vo} } -Pv 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.
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
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 icUicenVeV WUae C. Exempt items. (4)(b) material proTucWayeranVferreTyUe 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
§ 40.22 Small quantities of source material.
[which license states that the product may be initially accordance with § 32.210 of this chapter. E D ] }[ µ]o v- Pµo]}v
(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).
transferred by the licensee to persons exempt from the }í &ZiXí~ XE D ] }
NRC Review Comments letter dated 8/9/17 20.3.3.304 GENERAL LICENSES - SOURCE MATERIAL:
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.
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
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 quanti ti es of source material. (a) A general license is hereby issued authorizing commercial regulation.
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
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).
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.
in the form of depleted uranium, for research, educational, commercial, or operational purposes in the NRCiommWVWaW development, educational, commercial, or operational following forms and quantities: 8/9/17 purposes in the following forms and quantities:
§ 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),
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 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 quanti ti es 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).
(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.
(154 lb) of uranium and thorium in any one calendar year. alter the chemical or physical form of the source material NRCiommWVWaW 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
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. (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).
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN 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 iVeconH 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:
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:
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 AgreemWWaW client who initially provided the sample. Initial distribution persons generally licensed by paragraph (a) of this section New Mexico needs to add the word ofourceaWerialoerVonVenerallyicenVeTy 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.
§ 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:
20.3.3.305 GENERAL LICENSES - RADIOACTIVE None Removed as requested by NRC MATERIAL OTHER THAN SOURCE MATERIAL: MicUle BrTVl.alicV A. Certain devices and equipment. Reserved areoongerVVueTorWaWic
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.
[A general license is hereby issued to transfer, receive, elimenators or Ion generating tubes.
§ 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:
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.
RCB correction to align with Federal regulations
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.
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
[(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.
C. Luminous safety devices for use in aircraft.
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 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 detecti ng, 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),
(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];
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.
§ 31.7 Luminous safety devices for use in aircraft.
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.
(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.
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 detecti ng, 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:
RCB Correction: New Mexico does not have licensees subject to this regulation


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 detecti ng, 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:
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
transfers [radioactive] byproduct material in a device pursuant to the general license in Paragraph (1) of this subsection shall comply with the following.
C. Luminous safety devices for use in aircraft. (2)
20.3.3.305 RCB Correction: New Mexico does GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER § 31.7 Luminous safety devices for use in aircraft. noWaveicenVeeVubjecWoUiV THAN SOURCE MATERIAL: (a) A general license is hereby issued to own, receive, regulaWion 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.
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:
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
RATS 2012-4 Category - B  
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:.
§ 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
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 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).
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 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).
C. Luminous safety devices for use in aircraft. (4)
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 inspecti on 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 regulaWionV] to provide at least ninety-five percent confidence that the lot tolerance percent defective of five percent will not be exceeded.
Each person licensed under 10 CFR 32.53 or 20.3.3.305(C)
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. conWainUeollowingTTeT THAN SOURCE MATERIAL: C(2) Inspection for evidence of physical damage, languageJ 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 afracUgef WeVngH uVingeWUoTVfnVpecWion loW]orviTencefUyVicalamageH evidence of physical damage, containment failure, or loss adequate for applying the following criteria for defective : conWainmenWailureHroroVVf 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]
NMAC [equivalent agreement state regulations] shall:
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.
(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.
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 specifi ed 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
RATS 2012-4 Category - B  
[equivalent agreement state regulations] to 32.53, i.e. 20.3.3.305(C).
§ 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
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).
20.3.3.305 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL:
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 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).
C. Luminous safety devices for use in aircraft.
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
(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] 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]
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].
[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 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 modifi cati ons 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 eWUeariouVoaWibiliWy CaWegoryeVignaWionVVVigneTo0 CFR Part 71.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
NRCiommWVWaW 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 modifi cati ons 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.
C. The following modifications are made to the incorporated federal regulations in this section:
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.
(4) all reference in 10 CFR to commission and NRC are changed to Department as follows: 71.17(a), 71.17(b),
NRCiommWVWaW 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 modifi cati ons 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.
71.21, 71.91(c), 71.91(d), 71.101(c)(1), 71.106(a),
(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.
71.106(a)(1), 71.106(b) and 71.106(b)(1).
(b) Except as otherwise provided in this section, the general NRCiommWVWaW 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.
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.
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 modifi cati ons 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.
NM needs to indicate that the 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), 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.
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.
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.91 c.
NRCiommWVWaW 1/16/18
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 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 modifi cati ons 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.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
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.
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 assigned 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. NRCiommWVWaW 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 modifi cati ons 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.
RATS 2015-3 category -C
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.
§ 71.101 Quality assurance requirements (a)
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.
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.
NRCiommWVWaW 1/16/18
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 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 modifi cati ons 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.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
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.
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),
before receiving NRC approval. NRCiommWVWaW 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 modifi cati ons 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.
71.101(b), 71.103(a) and 71.135.
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.
RATS 2015-3 category - C  
subpart H of this part. NRCiommWVWaW 1/16/18
§ 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 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 modifi cati ons 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.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
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.
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),
submitted to the NRC every 24 months, in accordance with § NRCiommWVWaW 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:
71.101(b), 71.103(a) and 71.135.
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 modifi cati ons 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.
RATS 2015-3 category - C
NRCiommWVWaW 1/16/18
§ 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 - C As the NRG has sole authority for TRANSPORTATION OF RADIOACTIVE MATERIAL: § 71.91 Records. issuing a Certificate of Compliance C. The following modifi cati ons 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.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
WUeRCVollo 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.
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
NM needs to make the changes indicated above to meet the Compatibility Category C designation assi ned to 10 CFR 71.91 c.
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),
NRCiommWVWaW 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 modifi cati ons 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.
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
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.
RATS 2015-3 category - NRC  
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.
§ 71.11 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.
years after the life of the packaging to which they apply. NRCiommWVWaW 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 modifi cati ons 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.
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.
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.
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.
perform satisfactorily in service. Quality assurance includes NRCiommWVWaW 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.
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 modifi cati ons 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.
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.
commensurate with the quality assurance requirement's NRCiommWVWaW 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 modifi cati ons 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.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
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.
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
for the program. These activities include performing the NRCiommWVWaW functions associated with attaining quality objectives and the 1/16/18 quality assurance functions.
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),
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 modifi cati ons 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.
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
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.
RATS 2015-3 category - NRC  
equipment. The records must include the instructions or NRCiommWVWaW 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,
§ 71.70 Incorporations by reference. (a)
and applicant for a Certificate of Compliance shall retain the superseded material for 3 years after it is superseded.
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.
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.
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.
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.
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.
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.
óíXííUóíXí~ UóíXíUóíXiíUóíXiiUóíXinUóíXióUóíXiUpart of the regulations in part 71. These incorporations by NM needs to make the change
óíXiUóíXíUóíXiUóíXnUóíXníUóíXnnUóíXnUóíXíUreference were approved by the Director of the Federal indicated above to meet the
óíXiUóíXUóíXnU 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.
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.
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.
§ 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:
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.
+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.
 
óíXííUóíXí~ UóíXíUóíXiíUóíXiiUóíXinUóíXióUóíXiU(a) The certificate holder shall ascertain that there are no NM needs to make the change
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
óíXiUóíXíUóíXiUóíXnUóíXníUóíXnnUóíXnUóíXíUcracks, pinholes, uncontrolled voids, or other defects that indicated above to meet the
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
óíXiUóíXUóíXnU óíXóUóíXóíUóíXóiUóíXóUóíXónUcould significantly reduce the effectiveness of the packaging;Compatibility Category NRC
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),
óíXóóU 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.
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
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.
RATS 2015-3 category - NRC
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.
§ 71.85 Preliminary determinations.
óíXííUóíXí~ UóíXíUóíXiíUóíXiiUóíXinUóíXióUóíXiUrecords identifying the packaging by model number, serial NM needs to make the change
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.
óíXiUóíXíUóíXiUóíXnUóíXníUóíXnnUóíXnUóíXíUnumber, and date of manufacture.indicated above to meet the
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.
óíXiUóíXUóíXnU óíXóUóíXóíUóíXóiUóíXóUóíXónU Compatibility Category 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.
óíXóóU óíXn~r~ , 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.
NRC Review Comments letter dated 1/16/18
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.
20.3.3.306 TRANSPORTATION OF RADIOACTIVE MATERIAL:
deemed a reference to the department; New Mexico needs to exempt (2) 10 CFR 37.5 defi niti ons 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).
D. The following provisions contained in 10 CFR 71 are applicable to the NRC and not incorporated in this section:
37.107 shall not be applicable; and NRC Review Comments letter dated (4) the license required report of events or noti fi cati on 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.
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),
20.3.3.307 RCB correction FILING APPLICATION FOR SPECIFIC LICENSES: 1. New Mexico has its own L. An applicati on for a specifi c 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 iX/v }--  - ( - v  WXiXiXiX 
71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125.
equivalent regulations] 20.3.3.307 [20.3.3.304.B] NMAC, is for a general license will be approved if: XdZ   -u v]µ Z o]  v
RATS 2015-3 category - NRC
(a) the applicant sati sfi es the general requirements specified in 10 CFR 40.32 and equivalent regulations 20.3.3.307 NMAC; and (b) the applicant submits adequate informati on on, and the department [NRC] approves the methods to be used for quality control, labeling, and providing safety instructions to recipients.
§ 71.91 Records.
20.3.3.307 RATS 2013-1 category - B dZ-}µPZ}µZ ]- µ]o v
(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.
FILING APPLICATION FOR SPECIFIC LICENSES: - Pµo]}v}XnnUE D ] }
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.
L. Continued - ( - v  í &Z^Xn_XE 
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.
(2) Each person licensed under this section [10 CFR D ] }Z µ]o v- Pµo]}v}
NRC Review Comments letter dated 1/16/18 20.3.3.307 FILING APPLICATION FOR SPECIFIC LICENSES:
40.54] shall label the immediate container of each XnUZ ÇZ}µo  ] Z ]-
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:
quantity of source material with the type of source - Pµo]}vv v}^Xn_X material and quantity of material and the words, E D ] }v   }ul Z 
(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),
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:
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


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.
FILING APPLICATION FOR SPECIFIC LICENSES:
(b) appropriate radiati on safety precauti ons 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
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
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
[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.
[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).
RATS 2013-2 Category - B  
responsible agent, by name and/or position and phone equivalent to § 40.22, to whom greater than 50 grams (0.11 NRCiommWVWaW 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 quanti ty of each type and physical form Agreement State being reported to:
§ 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:
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. WranVferreTUeourceaWerial; T
(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:
(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.
(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.
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)
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)
[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.
For each general licensee under § 40.22 or equivalent Agreement State provisions equivalent Agreement State provisions. New Mexico needs to replace and with or.
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 quanti ty of each type and physical form Agreement State being reported to:
RCB Correction Incorrect reference:20.3.3.307 is for a specific license FILING APPLICATION FOR SPECIFIC LICENSES:
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. WranVferreTUeourceaWerial; T
L.(5) (d)Each person licensed under 20.3.3.304 NMAC [10 CFR 40.54]
(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.
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


FILING APPLICATION FOR SPECIFIC LICENSES: RATS 2013-1 category - BThroughout 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.
20.3.3.310 PUBLIC NOTICE, PARTICIPATION AND HEARING:
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 20.3.3.310 RATS 2015-5 category - B 10 CFR 71.4-wherever they may PUBLIC NOTICE, PARTICIPATION AND HEARING: occurHemoveUeorTWribenT B.(3)(a) any local, state, Indian T[t]ribal government or aTTnWVlaceUeorTTribeH federal government agency that the secretary determines removeUeorTWribeVnTTTn may be significantly affected or interested; and iWVlaceUeorTTribeVHnT removeUeorTWribalnTTTn iWVlaceUeorTTribal.
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
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 RATS 2012-4 category - B In § 32.51, paragraph(a)(6) is added E. Licensing the manufacture and distributi on of devices § 32.51 Byproduct material contained in devices for use WoeaTVollowVJ 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) * *
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:
* 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.
and Device Registry.
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.
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 Subsecti on 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) informati on on acceptable disposal opti ons including estimated costs of disposal; and (v) a statement indicati ng 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]
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.
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].
20.3.3.315 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 fi le an transferred to persons generally licensed under § 31.7 of this assigned to 10 CFR32.56.
20.3.3 NMAC RCB Amendments RCB correction: subsection D of 20.3.3.315 is reserved.
annual report with the director, office of Nuclear chapter. The report must identify each general licensee by NRCiommWVWaW 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.
 
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 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.
(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],
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.
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  
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.
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.
(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.
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;
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


20.3.3.315 RATS 2015-5 category - B 10 CFR 71.4-wherever they may SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO occurHemoveUeorTWribenT MANUFACTURE, ASSEMBLE, REPAIR OR DISTRIBUTE aTTnWVlaceUeorTTribeH COMMODITIES, PRODUCTS OR DEVICES WHICH CONTAIN removeUeorTWribeVnTTTn RADIOACTIVE MATERIAL: J(2)(f)(v) iWVlaceUeorTTribeVHnT documentation that only accelerator-produced removeUeorTWribalnTTTn radioactive materials were used in the practice of nuclear iWVlaceUeorTTribal.
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:
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 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
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


20.3.4.425 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
20.3.7.700 GENERAL REGULATORY REQUIREMENTS:
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.
E. Application for license, amendment or renewal.
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).
(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:
(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 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.
(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),
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 applicati on for a specifi c license of category 1 and 10 CFR 37.27(c) fingerprint category 2 quantities of radioactive material shall comply submissions.
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  
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 defi niti ons of agreement state, Category B designation assigned to byproduct material, commission and person shall not be 10 CFR 37.27(c).
§ 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.
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 reporti ng or noti fi cati on 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.
(c) Procedures for processing of fingerprint checks.
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. Applicati on for license, amendment or renewal. individuals granted unescorted access to category 1 or made to the commission or NRC shall (3) An applicati on for a specifi c 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.
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.
(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 Defi niti ons 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).
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).
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
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  


20.3.12.9 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 applicati on for a specifi c 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 defi niti ons 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).
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:
37.13, 10 CFR 37.27(c), 10 CFR 37.71, 10 CFR 37.105, and NRCiommWVWaW 10 CFR 37.107 shall not be applicable; 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.
(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),
deemed a reference to the department; New Mexico needs to exempt (2) 10 CFR 37.5 defi niti ons 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; RiommWVWaW (4) for any reporti ng or noti fi cati on 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.}}
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
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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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