ML19077A260

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Letter to J. Schuerman Louisana Proposed Regulations to Rats Id 2015-3
ML19077A260
Person / Time
Issue date: 03/22/2019
From: Kevin Williams
Office of Nuclear Material Safety and Safeguards
To: Schuerman J
State of LA, Dept of Environmental Quality
Beardsley M
Shared Package
ML19037A026 List:
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Download: ML19077A260 (19)
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 22, 2019 Judith A. Schuerman, Ph.D., Manager Radiation Section Emergency and Radiological Services Division Louisiana Department of Environmental Quality P.O. Box 4312 Baton Rouge, LA 70821-4312

Dear Dr. Schuerman:

We have reviewed the proposed revisions to the Louisiana Department of Environmental Quality rules in the Louisiana Administrative Code, Title 33, Part XV, Radiation Protection, Section 1504, Requirements for the Transportation of Licensed Material received by our office on January 31, 2019. These regulations were reviewed by comparison to the equivalent U.S.

Nuclear Regulatory Commission (NRC) rules, and the requirements included in Regulation Amendment Tracking System Identification Number (RATS ID) 2015-3, as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on March 13, 2019.

As a result of our review, we have six comments that have been identified in the enclosure.

Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our current procedure, a finding that the Louisiana regulations meet the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final Louisiana regulations. However, we have determined that if your proposed regulations were adopted, incorporating our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.

We request that when the proposed regulations are adopted and published as final regulations, a copy of the as published regulations be provided to us for review. As requested in NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes, and provide a copy to Division of Materials Safety, Security, State, and Tribal Programs, NMSS.

The SRS Data Sheet summarizes our knowledge of the status of other Louisiana regulations, as indicated. Please let us know if you note any inaccuracies, or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.

J. Schuerman If you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator, at 301-415-0275 (michelle.beardsley@nrc.gov).

Sincerely,

/RA Paul Michalak for/

Kevin Williams, Deputy Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comments
2. Louisiana SRS Data Sheet

J. Schuerman

SUBJECT:

03/22/2019 LETTER TO J. SCHUERMAN RE: LOUISIANA PROPOSED REGULATIONS TO RATS ID 2015-3 DISTRIBUTION: SP[08]

Tracking No. LA 19-16 Randy Erickson, RSAO Louisiana File OFFICE ASPB OGC ASPB:BC MSTR:DD NAME MBeardsley N/A PMichalak PMichalak for:

KWilliams DATE 03/14/19 N/A 3/22/19 3/22/19 ML19077A260 (Ltr) OFFICIAL RECORD COPY Package ML19037A026

COMPATIBILITY COMMENTS ON LOUISIANA PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1 33:XV.1503 71.4, Definitions 2015-3 [B] Definition: Low Specific Activity (LSA) material Louisianas definition did not include radioactive before material.

Louisiana needs to include the word radioactive as indicated above to meet the Compatibility Category [B]

designation assigned to 10 CFR 71.4, Definition: Low Specific Activity (LSA) material.

2 33:XV.1503 71.4, Definitions 2015-3 [B] Definition: Uranium- natural, depleted, enriched Louisianas definition did not include the highlighted phrase indicated below:

(1) Natural uranium means uranium (which may be chemically separated) with the naturally occurring distribution of uranium isotopes (approximately 0.711 weight percent uranium-235 and the remainder by weight essentially uranium-238).

Louisiana needs to add the phrase indicated above to meet the Compatibility Category [B]

designation assigned to 10 CFR 71.4, Definition: Uranium-natural.

3 33:XV.1505. 71.14(a)(1) 2015-3 [B] Exemption for low-level materials B.

Louisianas equivalent regulation omits the following highlighted phrase:

(1) Natural material and ores containing naturally occurring radionuclides that are either in their natural state, or have only been processed for purposes other than for the extraction of the radionuclides, and which are not intended to be Enclosure 1

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS processed for the use of these radionuclides.

Louisiana needs to include the phrase indicated above to meet the Compatibility Category [B]

designation assigned to 10 CFR 71.14(a)(1).

4 33:XV.1508 71.17 2015-3 B General license: NRC approved package Louisianas equivalent regulations state, has a quality assurance program approved by the department as satisfying the provisions of 10 CFR Part 71, Subpart H. However, Louisiana has equivalent regulations for those in subpart H (i.e., 1520); this results in a duplication of regulations, and can cause confusion to the licensee as to which regulations to follow.

Louisiana either needs to delete their equivalent requirements to subpart H and only cite the NRC regulations; or insert the citation to the Louisiana equivalent requirements, i.e., 1520 to meet the Compatibility Category B designation assigned to 10 CFR 71.17.

5 33:XV.1510 71.21 2015-3 B General license: Use of foreign approved package Louisianas equivalent regulations state, Except as otherwise provided in this Section, the general license applies only to a licensee who has a quality assurance program approved by the U.S. as satisfying the applicable provisions of 10 CFR Part 71, Subpart H. However, Louisiana has equivalent regulations for those in subpart H (i.e., 1520); this results in a duplication of regulations, and can cause confusion to the licensee as to which regulations to 2

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS follow.

Louisiana either needs to delete their equivalent requirements to subpart H and only cite the NRC regulations; or insert the citation to the Louisiana equivalent requirements, i.e.,1520 to meet the Compatibility Category B designation assigned to 10 CFR 71.21.

6 33:XV.1520 71.103(a) 2015-3 C Quality assurance organization B

Louisianas equivalent regulations omit the phrase, or, any part of the quality assurance program, but shall retain responsibility for the program.

As written, Louisianas regulation is less restrictive since it does not require that the licensee shall retain responsibility for the quality assurance program, even when it is contracted out.

Louisiana needs to include the phrase as indicated above to meet the Compatibility Category C designation assigned to 10 CFR 71.103(a).

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REGULATION STATUS State: Louisiana Tracking Ticket Number:

Date: 03/22/2019

[ # amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1991-1 Safety Requirements for Radiographic Equipment 01/10/1994 Not Required Not Required Louisiana has adopted Final Part 34 Regulations equivalent to RATS ID:

55 FR 843 1997-5.

(Superceded by 1997-5) 1991-2 ASNT Certification of Radiographers none Not Required Not Required Louisiana has adopted Final Part 34 Regulations equivalent to RATS ID:

56 FR 11504 1997-5.

(Superceded by 1997-5) 1991-3 Standards for Protection Against Radiation 01/01/1994 Final No Comments Part 20 ML14266A408 11/19/2014 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR ML14266A336 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 1991-4 Notification of Incidents 10/15/1994 Final No Comments Parts 20, 30, 31, 34, 39, 40 and 70 ML12361A157 03/29/2013 56 FR 64980; ML13044A340 1992-1 Quality Management Program and 01/27/1995 Not Required Not Required Louisiana has adopted Final Misadministrations Regulations equivalent to RATS ID:

Part 35 2002-2.

56 FR 34104 (Superceded by 2002-2) 1992-2 Eliminating the Recordkeeping Requirements none Not Required Not Required These regulations are not required for Departures from Manufacturer's Instructions to be adopted for purposes of Parts 30 and 35 Compatibility.

57 FR 45566 Enclosure 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1993-1 Decommissioning Recordkeeping and License 10/25/1996 Final No Comments Termination: Documentation Additions [Restricted ML12361A157 03/29/2013 areas and spill sites] ML13044A340 Parts 30 and 40 58 FR 39628 1993-2 Licensing and Radiation Safety Requirements for 07/01/1996 Not Applicable1 Not Applicable Louisiana does not have any Irradiators licensees subject to these Part 36 regulations. (See SECY-95-112) 58 FR 7715 1993-3 Definition of Land Disposal and Waste Site QA 07/22/1996 Not Applicable1 Not Applicable Louisiana does not have any Program licensees subject to these Part 61 regulations. (See SECY-95-112) 58 FR 33886 1994-1 Self-Guarantee as an Additional Financial none Not Required Not Required These regulations are not required Mechanism to be adopted for purposes of Parts 30, 40 and 70 Compatibility.

58 FR 68726; 59 FR 1618 1994-2 Uranium Mill Tailings Regulations: Conforming 07/01/1997 Not Applicable Not Applicable Louisiana does not have authority NRC Requirements to EPA Standards to regulate this material under its Part 40 Agreement.

59 FR 28220 1994-3 Timeliness in Decommissioning Material Facilities 08/15/1997 Final No Comments Parts 30, 40 and 70 01/06/1999 59 FR 36026 1995-1 Preparation, Transfer for Commercial Distribution, 01/01/1998 Final No Comments and Use of Byproduct Material for Medical Use 01/06/1999 Parts 30, 32 and 35 59 FR 61767; 59 FR 65243; 60 FR 322 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1995-2 Frequency of Medical Examinations for Use of 03/13/1998 Final No Comments Respiratory Protection Equipment 01/06/1999 Part 20 60 FR 7900 1995-3 Low-Level Waste Shipment Manifest Information 03/01/1998 Final No Comments and Reporting 01/06/1999 Parts 20 and 61 60 FR 15649; 60 FR 25983 1995-4 Performance Requirements for Radiography 06/30/1998 Final No Comments Louisiana has adopted Final Equipment 01/06/1999 Regulations equivalent to RATS ID:

Part 34 1997-5.

60 FR 28323 (Superceded by 1997-5) 1995-5 Radiation Protection Requirements: Amended 08/14/1998 Final No Comments Definitions and Criteria 01/06/1999 Parts 19 and 20 60 FR 36038 1995-6 Clarification of Decommissioning Funding 11/24/1998 Final No Comments Requirements 01/06/1999 Parts 30, 40 and 70 60 FR 38235 1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 Final No Comments Louisiana has not yet adopted Final Materials 01/06/1999 Regulations equivalent to RATS ID:

Parts 20 and 35 2005-2.

60 FR 48623 (Superceded by 2002-2 and 2005-2) 3

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1996-1 Compatibility with the International Atomic Energy 04/01/1999 Final No Comments Louisiana has not yet adopted Final Agency ML020280299 02/15/2002 Regulations equivalent to RATS ID:

Part 71 ML020460125 2004-1.

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 1996-2 One Time Extension of Certain Byproduct, Source 02/15/1999 Not Required Not Required These regulations are not required and Special Nuclear Materials Licenses to be adopted for purposes of Parts 30, 40 and 70 Compatibility.

61 FR 1109 1996-3 Termination or Transfer of Licensed Activities: 06/17/1999 Final No Comments Record keeping Requirements ML12361A157 03/29/2013 Parts 20, 30, 40, 61 and 70 ML13044A340 61 FR 24669 1997-1 Resolution of Dual Regulation of Airborne Effluents 01/9/2000 Final No Comments of Radioactive Materials; Clean Air Act ML011510385 11/15/2001 Part 20 ML013100191 61 FR 65120 1997-2 Recognition of Agreement State Licenses in Areas 02/27/2000 Final No Comments Under Exclusive Federal Jurisdiction Within an ML011510385 11/15/2001 Agreement State ML013100191 Part 150 62 FR 1662 1997-3 Criteria for the Release of Individuals Administered 05/29/2000 Final No Comments Radioactive Material 01/06/1999 Parts 20 and 35 62 FR 4120 1997-4 Fissile Material Shipments and Exemptions 02/10/2000 Not Required Not Required These regulations are not required Part 71 to be adopted for purposes of 62 FR 5907 Compatibility. (See STP-97-078)

(Superceded by 2004-1) 4

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1997-5 Licenses for Industrial Radiography and Radiation 06/27/2000 Final Comments Safety Requirements for Industrial Radiography ML14266A408 11/19/2014 Operations ML14266A336 Parts 30, 34, 71 and 150 62 FR 28947 Revised Final No Comments ML14364A230 01/29/2015 ML14364A226 Revised Final No Comments ML15212A809 08/31/2015 ML15212A806 1997-6 Radiological Criteria for License Termination 08/20/2000 Final No Comments Parts 20, 30, 40 and 70 ML011510385 11/15/2001 62 FR 39057 ML013100191 1997-7 Exempt Distribution of a Radioactive Drug 01/02/2001 Final No Comments Containing One Micro curie of Carbon-14 Urea 01/06/1999 Part 30 62 FR 63634 1998-1 Deliberate Misconduct by Unlicensed Persons 02/12/2001 Final No Comments Parts 30, 40, 61, 70, 71 and 150 ML011510385 11/15/2001 63 FR 1890; 63 FR 13773 ML013100191 1998-2 Self-Guarantee of Decommissioning Funding by 07/01/2001 Not Required Not Required These regulations are not required Nonprofit and Non-Bond-Issuing Licensees to be adopted for purposes of Parts 30, 40 and 70 Compatibility.

63 FR 29535 1998-3 License Term for Medical Use Licenses 07/10/2001 Not Required Not Required These regulations are not required Part 35 to be adopted for purposes of 63 FR 31604 Compatibility. (See STP-98-074)

(Superceded by 2002-2) Louisiana has adopted Final Regulations equivalent to RATS ID:

2002-2.

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1998-4 Licenses for Industrial Radiography and Radiation 07/09/2001 Final No Comments Safety Requirements for Industrial Radiographic ML062480284 10/23/2006 Operations ML062960278 Part 34 63 FR 37059 1998-5 Minor Corrections, Clarifying Changes, and a Minor 10/26/2001 Final No Comments Policy Change ML14266A408 11/19/2014 Parts 20, 32, 35, 36 and 39 ML14266A336 63 FR 39477; 63 FR 45393 1998-6 Transfer for Disposal and Manifests: Minor 11/20/2001 Final No Comments Technical Conforming Amendment ML062480284 10/23/2006 Part 20 ML062960278 63 FR 50127 1999-1 Radiological Criteria for License Termination of 06/11/2002 Not Applicable Not Applicable Louisiana does not have the Uranium Recovery Facilities authority to regulate this material Part 40 under its Agreement.

64 FR 17506 1999-2 Requirements for Those Who Possess Certain 10/04/2002 Not Required Not Required These regulations are not required Industrial Devices Containing Byproduct Material to to be adopted for purposes of Provide Requested Information Compatibility.

Part 31 64 FR 42269 1999-3 Respiratory Protection and Controls to Restrict 02/02/2003 Final No Comments Internal Exposure ML061720127 07/27/2006 Part 20 ML062120471 64 FR 54543; 64 FR 55524 2000-1 Energy Compensation Sources for Well Logging 05/17/2003 Final No Comments and Other Regulatory Clarifications ML080800500 04/14/2008 Part 39 ML081050467 65 FR 20337 6

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2000-2 New Dosimetry Technology 01/08/2004 Final No Comments Parts 34, 36 and 39 ML041880305 08/26/2004 65 FR 63750 ML042390322 2001-1 Requirements for Certain Generally Licensed 02/16/2004 Final No Comments Industrial Devices Containing Byproduct Material ML14083A568 06/12/2014 Parts 30, 31 and 32 ML14083A554 65 FR 79162 2002-1 Revision of the Skin Dose Limit 04/05/2005 Final No Comments Part 20 ML062480284 11/27/2006 67 FR 16298 ML063180075 2002-2 Medical Use of Byproduct Material 10/24/2005 Final No Comments Parts 20, 32 and 35 ML061720127 07/27/2006 67 FR 20249 ML062120471 2003-1 Financial Assurance for Materials Licensees 12/03/2006 Final No Comments Parts 30, 40 and 70 ML062480284 10/23/2006 68 FR 57327 ML062960278 2004-1 Compatibility With IAEA Transportation Safety 10/01/2007 Final No Comments Standards and Other Transportation Safety ML090480013 04/01/2009 Amendments ML090710728 Part 71 69 FR 3697 2005-1 Security Requirements for Portable Gauges 07/11/2008 Final No Comments Containing Byproduct Material ML081080146 05/29/2008 Part 30 ML081500119 70 FR 2001 2005-2 Medical Use of Byproduct Material - Recognition of 04/29/2008 Final No Comments Specialty Boards ML090480013 04/01/2009 Part 35 ML090710728 70 FR 16336; 71 FR 1926 7

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2005-3 Increased Controls for Risk-Significant Radioactive 12/01/2005 License No Comments Sources (NRC Order EA-05-090) Condition 10/20/2005 70 FR 72128 ML052900105 ML052930327 No Comments 2006-1 Minor Amendments 03/27/2009 Final 11/19/2014 Parts 20, 30, 32, 35, 40 and 70 ML14266A408 ML14266A336 71 FR 15005 2006-2 National Source Tracking System - Serialization 02/06/2007 Final No Comments Requirements ML080800500 04/14/2008 Part 32 with reference to Part 20 Appendix E ML081050467 71 FR 65685 2006-3 National Source Tracking System 01/31/2009 Final No Comments Part 20 ML080800500 04/14/2008 71 FR 65685, 72 FR 59162 ML081050467 2007-1 Medical Use of Byproduct Material - Minor 10/29/2010 Final No Comments Corrections and Clarifications ML14083A603 07/29/2014 Parts 32 and 35 ML14083A595 72 FR 45147, 54207 2007-2 Exemptions From Licensing, General Licenses, and 12/17/2010 Final No Comments Distribution of Byproduct Material: Licensing and ML14266A408 11/19/2014 Reporting Requirements ML14266A336 Parts 30, 31, 32 and 150 72 FR 58473 8

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2007-3 Requirements for Expanded Definition of Byproduct 11/30/2010 Final Comments Material ML14083A603 07/29/2014 Parts 20, 30, 31, 32, 33, 35, 61 and 150 ML14083A595 72 FR 55864 Proposed Comments Revision to Final 01/29/2015 ML14364A230 ML14364A226 Revised Final No Comments ML15212A809 08/31/2015 ML15212A806 2007-4 Order Imposing Fingerprinting Requirements and 06/05/2008 License No Comments Criminal History Records Check Requirements for Condition 03/27/2008 Unescorted Access to Certain Radioactive Material ML080800499 Ml080870350 NRC Order EA-07-305 72 FR 70901 2008-1 Occupational Dose Records, Labeling Containers, 02/15/2011 Final No Comments and Total Effective Dose Equivalent ML14266A408 11/19/2014 Parts 19 and 20 ML14266A336 72 FR 68043 2009-1 Medical Use of Byproduct Material - Authorized 09/28/2012 Final No Comments User Clarification ML14266A408 11/19/2014 Part 35 ML14266A336 74 FR 33901 2011-1 Decommissioning Planning 12/17/2015 Proposed No Comments Parts 20, 30, 40 and 70 ML15054A380 03/12/2015 76 FR 35512 ML15054A372 Final No Comments ML15300A512 11/18/2015 ML15300A511 9

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2011-2 Licenses, Certifications, and Approvals for Materials 11/14/2014 Final No Comments Licensees ML15021A524 02/19/2015 Parts 30, 36, 39, 40, 70 and 150 ML15021A520 76 FR 56951 2012-1 Change of Compatibility 01/25/2015 Final No Comments Parts 31.5 and 31.6 ML14083A568 06/12/2014 (See RATS ID: 2001-1 for Rule text) ML14083A554 77 FR 3640 2012-2 Advance Notification to Native American Tribes of 08/10/2015 Final No Comments Transportation of Certain Types of Nuclear Waste ML15021A524 02/19/2015 Part 71 ML15021A520 77 FR 34194 2012-3 Technical Corrections 08/06/2015 Final No Comments Parts 30, 34, 40 and 71 ML15021A524 02/19/2015 77 FR 39899 ML15021A520 2012-4 Requirements for Distribution of Byproduct Material 10/23/2015 Proposed Comments Parts 30, 31, 32, 40 and 70 ML14364A230 01/29/2015 77 FR 43666 ML14364A226 Final No Comments ML15212A809 08/31/2015 ML15212A806 10

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2013-1 Physical Protection of Byproduct Material, 03/19/2016 Proposed No Comments Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 ML15126A361 06/11/2015 78 FR 16922 ML15124A889 Final Comment ML16012A155 02/05/2016 ML16012A148 Revised Final No Comments ML18183A438 08/03/2018 ML18183A434 2013-2 Distribution of Source Material to Exempt Persons 08/27/2016 Proposed No Comments and to General Licensees and Revision of ML15126A361 06/11/2015 General License and Exemptions ML15124A889 Parts 30, 40 and 70 78 FR 32310 Final No Comments ML16012A155 02/05/2016 ML16012A148 2015-1 Domestic Licensing of Special Nuclear Material - 01/26/2018 Proposed No Comments Written Reports and Clarifying Amendments ML15126A361 06/11/2015 Part 70 ML15124A889 79 FR 57721, 80 FR 143 Final No Comments ML16012A155 02/05/16 ML16012A148 11

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2015-2 Safeguards Information - Modified Handling 01/28/2018 Proposed No Comments Categorization, Change for Materials Facilities ML15126A361 06/11/2015 Parts 30, 37, 73 and 150 ML15124A889 79 FR 58664, 80 FR 3865 Final Comment ML16012A155 02/05/16 ML16012A148 Revised Final No Comments ML18183A438 08/03/2018 ML18183A434

  • 2015-3 Revisions to Transportation Safety Requirements 07/13/2018 Proposed Comments and Harmonization with International Atomic *extended to ML19038A132 03/22/2019 Energy Agency Transportation Requirements 08/15/2020 ML19037A026 Part 71 See STC 17-060 80 FR 33987

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2018-1 Medical Use of Byproduct Material - Medical Event 01/14/2022 Definitions, Training and Experience, and Clarifying Amendments, Parts 30, 32 and 35 2018-2 Miscellaneous Corrections - 12/21/2021 Final No Comments Organizational Changes ML18339A019 01/03/2019 ML18339A018 10 CFR Parts 37, 40. 70 and 71

IMPEP Team: verify that Louisiana does not have any licensees subject to these regulations during each review.

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