ML19276E405

Louisiana Cross Reference 2015-3

ML19276E405
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Issue date:	10/02/2019
From:	Office of Nuclear Material Safety and Safeguards
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1 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements; Including Corrections 10 CFR Part 71 (80 FR 33987, Published June 12, 2015 and 80 FR 48683, Published August 14, 2015)

RATS ID: 2015-3 Effective Date: July 13, 2015 Date Due for State Adoption: July 13, 2018 January 31, 2017 revised to add reviewer notes.

July 31, 2017, revised reviewer notes.

Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated

§ 71.0(d)(1)

Revised Purpose and Scope 1501 &

1502 D

In § 71.0, paragraph (d)(1),

remove the reference §§ 71.20 through 71.23 and add, in its place, the reference §§ 71.21 through 71.23.

No

§ 71.4 New Definition:

Contamination 1503

[B]

In § 71.4, add the definition of contamination to read as follows:

Contamination means the presence of a radioactive substance on a surface in quantities in excess of 0.4 Bq/cm2 (1x10-5 µCi/cm2) for beta and gamma emitters and low toxicity alpha emitters, or 0.04 Bq/cm2 (1x10-6 µCi/cm2) for all other alpha emitters.

Yes Yes Added language

2 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated (1) Fixed contamination means contamination that cannot be removed from a surface during normal conditions of transport.

(2) Non-fixed contamination means contamination that can be removed from a surface during normal conditions of transport.

§ 71.4 Revised Definition:

Criticality Safety Index (CSI) 1503

[B]

In § 71.4, revise the definition of Criticality Safety Index (CSI) to read as follows:

Criticality Safety Index (CSI) means the dimensionless number (rounded up to the next tenth) assigned to and placed on the label of a fissile material package, to designate the degree of control of accumulation of packages, overpacks or freight containers containing fissile material during transportation. Determination of the criticality safety index is described in §§ 71.22, 71.23, and 71.59. The criticality safety index for an overpack, freight container, consignment or conveyance containing fissile material packages is the Yes Yes Added language

3 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated arithmetic sum of the criticality safety indices of all the fissile material packages contained within the overpack, freight container, consignment or conveyance.

§ 71.4 Revised Definition:

Low Specific Activity (LSA) material 1503

[B]

In § 71.4, revise the definition of Low Specific Activity (LSA) material to read as follows:

Low Specific Activity (LSA) material means radioactive material with limited specific activity which is nonfissile or is excepted under § 71.15, and which satisfies the descriptions and limits set forth in the following section. Shielding materials surrounding the LSA material may not be considered in determining the estimated average specific activity of the package contents. The LSA material must be in one of three groups:

(1) LSA-I.

(i) Uranium and thorium ores, concentrates of uranium and thorium ores, and other ores containing naturally occurring Yes Yes Added language

4 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated radionuclides that are intended to be processed for the use of these radionuclides; (ii) Natural uranium, depleted uranium, natural thorium or their compounds or mixtures, provided they are unirradiated and in solid or liquid form; (iii) Radioactive material other than fissile material, for which the A2 value is unlimited; or (iv) Other radioactive material in which the activity is distributed throughout and the estimated average specific activity does not exceed 30 times the value for exempt material activity concentration determined in accordance with appendix A.

(2) LSA-II.

(i) Water with tritium concentration up to 0.8 TBq/liter (20.0 Ci/liter); or (ii) Other radioactive material in which the activity is distributed throughout and the estimated average specific activity does not exceed 104 A2/g for solids and gases, and 105 A2/g for liquids.

5 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated (3) LSA-III. Solids (e.g.,

consolidated wastes, activated materials), excluding powders, that satisfy the requirements of

§ 71.77, in which:

(i) The radioactive material is distributed throughout a solid or a collection of solid objects, or is essentially uniformly distributed in a solid compact binding agent (such as concrete, bitumen, ceramic, etc.);

(ii) The radioactive material is relatively insoluble, or it is intrinsically contained in a relatively insoluble material, so that even under loss of packaging, the loss of radioactive material per package by leaching when placed in water for 7 days will not exceed 0.1 A2; and (iii) The estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 x 103 A2/g.

6 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated

§ 71.4 Revised Definition:

Special form radioactive material 1503

[B]

In § 71.4, revise the definition of Special form radioactive material to read as follows:

Special form radioactive material means radioactive material that satisfies the following conditions:

(1) It is either a single solid piece or is contained in a sealed capsule that can be opened only by destroying the capsule; (2) The piece or capsule has at least one dimension not less than 5 mm (0.2 in); and (3) It satisfies the requirements of §71.75. A special form encapsulation designed in accordance with the requirements of § 71.4 in effect on June 30, 1983 (see 10 CFR part 71, revised as of January 1, 1983), and constructed before July 1, 1985; a special form encapsulation designed in accordance with the requirements of § 71.4 in effect on March 31, 1996 (see 10 CFR part 71, revised as of January 1, 1996), and constructed before April 1, Yes Yes Added language

7 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 1998; and special form material that was successfully tested before September 10, 2015 in accordance with the requirements of § 71.75(d) of this section in effect before September 10, 2015 may continue to be used. Any other special form encapsulation must meet the specifications of this definition.

§ 71.4 Revised Definition:

Uranium -

natural, depleted, enriched 1503

[B]

In § 71.4, revise the definition of Uraniumnatural, depleted, enriched to read as follows:

Uranium - natural, depleted, enriched.

(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).

(2) Depleted uranium means uranium containing less uranium-235 than the naturally Yes Yes Added language

8 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated occurring distribution of uranium isotopes.

(3) Enriched uranium means uranium containing more uranium-235 than the naturally occurring distribution of uranium isotopes.

§ 71.6 Revised Information Collection Requirements:

OMB Approval N/A D

In § 71.6, revise paragraph (b) to read as follows:

(b) The approved information collection requirements contained in this part appear in

§§ 71.5, 71.7, 71.9, 71.12, 71.17, 71.19, 71.22, 71.23, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.47, 71.85, 71.87, 71.89, 71.91, 71.93, 71.95, 71.97, 71.101, 71.103, 71.105, 71.106, 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, 71.125, 71.127, 71.129, 71.131, 71.133, 71.135, 71.137, and appendix A, paragraph II.

§ 71.14(a)(1)

- (a)(3)

Exemption for low-level materials 1505.B

[B]

In § 71.14, revise paragraphs (a)(1) and (2), and add paragraph (a)(3) to read as follows:

Yes Yes Added language

9 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated

Revised, New 1505.B.1 1505.B.2 1505.B.3 (a)

(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 processed for the use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the applicable radionuclide activity concentration values specified in appendix A, Table A-2, or Table A-3 of this part.

(2) Materials for which the activity concentration is not greater than the activity concentration values specified in appendix A, Table A-2, or Table A-3 of this part, or for which the consignment activity is not greater than the limit for an exempt consignment found in appendix A, Table A-2, or Table A-3 of this part.

(3) Non-radioactive solid objects with radioactive Yes Yes Yes Yes Yes Yes Added language Added language Added language

10 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated substances present on any surfaces in quantities not in excess of the levels cited in the definition of contamination in § 71.4.

§ 71.15(d)

Revised Exemption from classification as fissile material 1505.C.4

[B]

In § 71.15, revise paragraph (d) to read as follows:

(d) Uranium enriched in uranium-235 to a maximum of 1 percent by weight, and with total plutonium and uranium-233 content of up to 1 percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than 5 percent of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package.

Yes Yes Added language

§ 71.17

Revised, Removal of Brackets on General license: NRC approved package 1508 B

Note: The Compatibility Category for §71.17 has changed from [B] to B.

The Compatibility Category for all of § 71.17 has changed from [B] to B signifying that Agreement States should ensure that they have Yes Yes Added language

11 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated Compatibility Category.

1508.A 1508.B 1508.C 1508.C.1

• • Reviewer note:

Agreement States should replace the noted reference(s) to the NRC/Commission with their corresponding Agency information as it is directed to the States general licensees.

regulations compatible with this section that are collocated with their transportation regulations. In

§ 71.17, revise paragraph (c) to read as follows:

(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.

(c) Each licensee issued a general license under paragraph (a) of this section shall (1) Maintain a copy of the Certificate of Compliance, or other approval of the package, and the drawings and other documents referenced in the Yes No Yes Yes Yes No Yes Yes Added language Added language Added language

12 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 1508.C.2 1508.C.3 1508.D 1508.E approval relating to the use and maintenance of the packaging and to the actions to be taken before shipment; (2) Comply with the terms and conditions of the license, certificate, or other approval, as applicable, and the applicable requirements of subparts A, G, and H of this part; and (3) Submit in writing before the first use of the package to:

ATTN: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in § 71.1(a), the licensee's name and license number and the package identification number specified in the package approval.

(d) This general license applies only when the package approval authorizes use of the package under this general license.

(e) For a Type B or fissile material package, the design of No Yes No No No Yes Added language

13 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated which was approved by NRC before April 1, 1996, the general license is subject to the additional restrictions of § 71.19.

§ 71.19 Revised Previously approved package N/A NRC In § 71.19, redesignate paragraphs (b) through (e) as paragraphs (a) through (d),

and revise newly redesignated paragraph (b)(2) to read as follows:

(b)

(2) A package used for a shipment to a location outside the United States is subject to multilateral approval as defined in the DOTs regulations at 49 CFR 173.403.

§ 71.21

Revised, Removal of Brackets on Compatibility Category General license: Use of foreign approved package 1510 B

Note: The Compatibility Category for §71.21 has changed from [B] to B.

• • Reviewer note:

The Compatibility Category for all of § 71.21 has changed from [B] to B signifying that Agreement States should ensure that they have regulations compatible with this section that are collocated with their transportation regulations. In Yes Yes Added language

14 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 1510.A 1510.B 1510.C 1510.D Agreement States should replace the noted reference(s) to the NRC/Commission with their corresponding Agency information.

§ 71.21, revise paragraphs (a) and (d) to read as follows:

(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 Yes Yes No No Yes Yes No No Added language Added language

15 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 1510.D.1 1510.D.2 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.

No Yes No Yes Deleted language

§ 71.31(b)

Revised Contents of application N/A NRC In § 71.31, paragraph (b),

remove the reference § 71.13 and add, in its place, the reference § 71.19.

§ 71.38

Retitled, Revised Renewal of a certificate of compliance N/A NRC Revise § 71.38 to read as follows:

§ 71.38 Renewal of a certificate of compliance.

(a) Except as provided in paragraph (b) of this section, each Certificate of Compliance expires at the end of the day, in

16 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated the month and year stated in the approval.

(b) In any case in which a person, not less than 30 days before the expiration of an existing Certificate of Compliance issued pursuant to the part, has filed an application in proper form for renewal, the existing Certificate of Compliance for which the renewal application was filed shall not be deemed to have expired until final action on the application for renewal has been taken by the Commission.

(c) In applying for renewal of an existing Certificate of Compliance, an applicant may be required to submit a consolidated application that is comprised of as few documents as possible. The consolidated application should incorporate all changes to its certificate, including changes that are incorporated by reference in the existing certificate.

§ 71.70 New Incorporations by reference N/A NRC Add § 71.70 to subpart F to read as follows:

17 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated

§ 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 NRCs 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

18 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 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.

(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.

19 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated (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.

§ 71.75 Revised Qualification of special form radioactive material N/A NRC In § 71.75, revise paragraphs (a)(5), (b)(2)(ii), (b)(2)(iii),

(d)(1), and (d)(2) to read as follows:

(a)

(5) A specimen that comprises or simulates radioactive material contained in a sealed capsule need not be subjected to the leaktightness procedure specified in this section, provided it is alternatively subjected to any of the tests prescribed in ISO 9978:1992(E), Radiation protectionSealed radioactive sourcesLeakage test methods (incorporated by reference, see § 71.70).

(b)

20 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated (2)

(ii) The flat face of the billet must be 25 millimeters (mm) (1 inch) in diameter with the edge rounded off to a radius of 3 mm

+/- 0.3 mm (0.12 in +/- 0.012 in);

(iii) The lead must be hardness number 3.5 to 4.5 on the Vickers scale and not more than 25 mm (1 inch) thick, and must cover an area greater than that covered by the specimen; (d)

(1) The impact test and the percussion test of this section, provided that the specimen is:

(i) Less than 200 grams and alternatively subjected to the Class 4 impact test prescribed in ISO 2919:1999(E), Radiation protectionSealed radioactive sourcesGeneral requirements and classification (incorporated by reference, see § 71.70); or (ii) Less than 500 grams and alternatively subjected to the Class 5 impact test prescribed in ISO 2919:1999(E),

Radioactive protection Sealed radioactive sources

21 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated General requirements and classification (incorporated by reference, see § 71.70); and (2) The heat test of this section, provided the specimen is alternatively subjected to the Class 6 temperature test specified in ISO 2919:1999(E),

Radioactive protection Sealed radioactive sources General requirements and classification (incorporated by reference, see § 71.70).

§71.85(a) -

(c)

Revised, Compatibility Change Preliminary determinations Was 1515.A.1-3 NRC Note: The Compatibility Category for §71.85(a) -

(c) has changed from [B]

to NRC.

In § 71.85, revise paragraphs (a), (b), and (c) to read as follows:

(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 No No Deleted language

22 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 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

§ 71.85(d)

New Preliminary determinations 1516.A B

• • Reviewer note:

paragraphs (a) through (c) of this section refers to 71.85(a) through (c),

which are assigned Compatibility Category NRC and must not be adopted by the Agreement States.

Consequently, in In § 71.85, add paragraph (d) to read as follows:

(d) The licensee shall ascertain that the determinations in paragraphs (a) through (c) of this section** have been made.

Yes Yes Added language

23 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 71.85(d), Agreement States should reference 10 CFR 71.85(a) through (c) and not their own regulations.

§ 71.91(a)

Revised, Compatibility Change Records 1515.A (new)

C Note: The Compatibility Category for § 71.91(a) has changed from D to C.

In § 71.91, in paragraph (a) introductory text, remove the reference § 71.10 and add, in its place, the reference § 71.14.

Yes Yes Added language

§ 71.91(b)

Compatibility Change Records N/A NRC Note: The Compatibility Category for § 71.91(b) has changed from D to NRC.

The Compatibility Category has changed.

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.

§ 71.91(c) and (d)

Compatibility Change Records 1515.B and C 1510.B C

Note: The Compatibility Category for § 71.91(c) and (d) has changed from D to C.

The Compatibility Category has changed.

(c) The licensee, certificate holder, and an applicant for a CoC**, shall make available to the Commission** for Yes Yes Yes Yes Added language Added language

24 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 1510.C

• • Reviewer notes:

1) the phrase certificate holder, and applicant for a CoC should be deleted by the Agreement States, or the State should clearly indicate that these terms apply to the NRC, as the NRC has sole authority for issuing a Certificate of Compliance;

2) Agreement States should replace the noted reference(s) to the NRC/Commission with their corresponding Agency information.

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.

(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 Yes Yes Added language

25 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated years after the life of the packaging to which they apply.

§ 71.101(a)

Revised, Compatibility Change Quality assurance requirements 1520.A 1520.A.1 C**

Note: The Compatibility Category for § 71.101(a) has changed from D or C to only C.

• • See last page for additional note.

• • Reviewer note: the highlighted section In § 71.101, revise paragraph (a) to read as follows:

(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 Yes Yes Yes Yes Changed language Added and deleted language

26 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated should be omitted by the Agreement states as the NRC has sole authority for issuing a CoC.

approval is responsible for satisfying the quality assurance requirements that apply to design, fabrication, testing, and modification of packaging subject to this subpart.** Each licensee is responsible for satisfying the quality assurance requirements that apply to its use of a packaging for the shipment of licensed material subject to this subpart.

§ 71.101(b) and (c)(1)

Compatibility Change Quality assurance requirements 1520.A 1520.A.2 C**

Note: The Compatibility Category for § 71.101(b) and (c)(1) has changed from D or C to only C.

• • See last page for additional note.

• • Reviewer notes:

1) the phrase certificate holder, and applicant for a CoC should be deleted by the The Compatibility Category has changed.

(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 Yes Yes Yes Yes Changed language Deleted language

27 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 1520.A.3 Agreement States, or the State should clearly indicate that these terms apply to the NRC as the NRC has sole authority for issuing a Certificate of Compliance;

2) in (c) the Agreement States should insert their Agency where noted and provide their Agency information for notification.

approach to an extent that is commensurate with the quality assurance requirement's importance to safety.

(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**.

Yes Yes Added and deleted language

§ 71.101(c)(2)

Revised Quality assurance requirements N/A NRC In § 71.101, revise paragraphs (c)(2) to read as follows:

(c)

28 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated (2) Before the fabrication, testing, or modification of any package for the shipment of licensed material subject to this subpart, each certificate holder, or applicant for a Certificate of Compliance shall obtain Commission approval of its quality assurance program.

Each certificate holder or applicant for a CoC shall, in accordance with § 71.1, 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.

§ 71.101(g)

Compatibility Note Revised Quality assurance requirements 1520.A.4 C**

• • See last page for note.

The Compatibility Category note has been revised.

(g) Radiography containers. A program for transport container inspection and maintenance limited to radiographic exposure devices, source changers, or packages transporting these devices and meeting the requirements of § 34.31(b) of this chapter or equivalent Agreement State requirement, No No

29 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated is deemed to satisfy the requirements of §§ 71.17(b) and 71.101(b).

§ 71.103(a)

Revised, Compatibility Change Quality assurance organization 1520.B.1 C**

Note: The Compatibility Category for § 71.103(a) has changed from D or

[C] to only C.

• • See last page for additional note.

• • Reviewer note: the phrase certificate holder, and applicant for a Certificate of Compliance should be deleted by the Agreement States, or the State should clearly indicate that these terms apply to the NRC as the NRC has sole authority for issuing a Certificate of Compliance.

In § 71.103, revise paragraph (a) to read as follows:

(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.

Yes Yes Deleted language

30 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated

§ 71.103(b)

Compatibility Note Revised Quality assurance organization 1520.B.2 C**

• • See last page for note.

The Compatibility Category note has been revised.

(b) The quality assurance functions are--

(1) Assuring that an appropriate quality assurance program is established and effectively executed; and (2) Verifying, by procedures such as checking, auditing, and inspection, that activities affecting the functions that are important to safety have been correctly performed.

No No

§ 71.106 New Changes to quality assurance program 1520.J C

• • Reviewer note: the Agreement states should insert their Agency where noted Add § 71.106 to subpart H to read as follows:

§ 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 Yes Yes Added language

31 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated before receiving NRC**

approval.

(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.

(2) [Reserved]

(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

32 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated administrative improvements and clarifications, spelling corrections, and non-substantive changes to punctuation or editorial items, the following changes are not considered reductions in commitment:

(1) The use of a quality assurance standard approved by the NRC** that is more recent than the quality assurance standard in the certificate holders or applicants current quality assurance program at the time of the change; (2) The use of generic organizational position titles that clearly denote the position function, supplemented as necessary by descriptive text, rather than specific titles, provided that there is no substantive change to either the functions of the position or reporting responsibilities; (3) The use of generic organizational charts to indicate functional relationships, authorities, and responsibilities,

33 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated or alternatively, the use of descriptive text, provided that there is no substantive change to the functional relationships, authorities, or responsibilities; (4) The elimination of quality assurance program information that duplicates language in quality assurance regulatory guides and quality assurance standards to which the quality assurance program approval holder has committed to on record; and (5) Organizational revisions that ensure that persons and organizations performing quality assurance functions continue to have the requisite authority and organizational freedom, including sufficient independence from cost and schedule when opposed to safety considerations.

(c) Each quality assurance program approval holder shall maintain records of quality assurance program changes.

34 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated

§ 71.135

Revised, Compatibility Change Quality assurance records 1520.H C**

Note: The Compatibility Category for § 71.135 has changed from D or C to only C.

• • See last page for additional note.

• • Reviewer note: the phrase certificate holder, and applicant for a Certificate of Compliance should be deleted by the Agreement States, or the State should clearly indicate that these terms apply to the NRC as the NRC has sole authority for issuing a Certificate of Compliance.

Revise § 71.135 to read as follows:

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, Yes Yes Added and deleted language

35 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated 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.

Appendix A Revised Determination of A1 and A2 1599.App

[B]

In appendix A to part 71, revise paragraphs IV.a. and IV.b., redesignate paragraphs IV.c. through IV.f. as paragraphs IV.d. through IV.g., add new paragraph IV.c., revise newly redesignated paragraphs IV.d. through IV.g.,

redesignate paragraph V. as paragraph V.a., and add new paragraph V.b..

Revisions detailed below under Appendix A to Part 71 Determination of A1 and A2.

Yes Yes Added language

36 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated Appendix A, Table A-1 Revised A1 and A2 Values for Radionuclides 1599.App

[B]

In Table A-1 of Appendix A, add an entry for Kr-79 in alphanumeric order; revise the entries for Cf 252, Ir-192, Kr-81, and Mo 99; revise footnotes a and c; remove footnote h; and redesignate footnote i as footnote h.

Revisions detailed below under Table A-1A1 and A2 VALUES FOR RADIONUCLIDES.

No No Incorporated by reference Appendix A, Table A-2 Revised Exempt Material Activity Concentrations and Exempt Consignment Activity Limits for Radionuclides.

1599.App

[B]

In Table A-2 of Appendix A, add the entry for Kr-79 in alphanumeric order, revise the entries for Kr 81 and Te 121m, and revise footnote b.

Revisions detailed below under Table A-2EXEMPT MATERIAL ACTIVITY CONCENTRATIONS AND EXEMPT CONSIGNMENT ACTIVITY LIMITS FOR RADIONUCLIDES.

No No Incorporated by reference Appendix A, Table A-3 Revised General Values for A1 and A2 1599.App

[B]

In Table A-3 of Appendix A, revise the second and third No No Incorporated by reference

37 Change to NRC Section Title State Section Compatibility Category Summary of Change to CFR Difference Yes/No Significant Yes/No If Difference, Why or Why Not Was a Comment Generated entries and add a new footnote a.

Revisions detailed below under TABLE A-3GENERAL VALUES FOR A1 and A2.

• • Note: §71.101(g) indicates that QA programs for industrial radiography Type B package users are covered by §34.31(b). It also indicated that this section satisfies §71.17(b) and therefore will satisfy those sections referenced in this provision (§§71.101 through 71.137).

38 Appendix A to Part 71 Determination of A1 and A2 IV.

a. For special form radioactive material, the maximum quantity transported in a Type A package is as follows:

B(i)

A (i) 1 i

1 where B(i) is the activity of radionuclide i in special form, and A1(i) is the A1 value for radionuclide i.

b. For normal form radioactive material, the maximum quantity transported in a Type A package is as follows:

B(i)

A (i) 2 i

1 where B(i) is the activity of radionuclide i in normal form, and A2(i) is the A2 value for radionuclide i.

c. If the package contains both special and normal form radioactive material, the activity that may be transported in a Type A package is as follows:

( )

( )

+

j i

1 (j)

A j

C (i)

A i

B 2

1 where B(i) is the activity of radionuclide i as special form radioactive material, A1(i) is the A1 value for radionuclide i, C(j) is the activity of radionuclide j as normal form radioactive material, and A2(j) is the A2 value for radionuclide j.

d. Alternatively, the A1 value for mixtures of special form material may be determined as follows:

( )

=

i (i)

A i

f A

1 1

1 mixture for where f(i) is the fraction of activity for radionuclide i in the mixture and A1(i) is the appropriate A1 value for radionuclide i.

e. Alternatively, the A2 value for mixtures of normal form material may be determined as follows:

A for mixture =

1 f(i)

A (i) 2 2

i where f(i) is the fraction of activity for radionuclide i in the mixture and A2(i) is the appropriate A2 value for radionuclide i.

39

f. The exempt activity concentration for mixtures of nuclides may be determined as follows:

Exempt activity concentration for mixture =

f(i)

[A](i) 1 i

where f(i) is the fraction of activity concentration of radionuclide i in the mixture and [A](i) is the activity concentration for exempt material containing radionuclide i.

g. The activity limit for an exempt consignment for mixtures of radionuclides may be determined as follows:

Exempt consignment activity limit for mixture =

f(i)

A(i) 1 i

where f(i) is the fraction of activity of radionuclide i in the mixture and A(i) is the activity limit for exempt consignments for radionuclide i.

V.

b. When the identity of each radionuclide is known but the individual activities of some of the radionuclides are not known, the radionuclides may be grouped and the lowest [A] (activity concentration for exempt material) or A (activity limit for exempt consignment) value, as appropriate, for the radionuclides in each group may be used in applying the formulas in paragraph IV of this appendix. Groups may be based on the total alpha activity and the total beta/gamma activity when these are known, using the lowest [A] or A values for the alpha emitters and beta/gamma emitters, respectively.

40 Table A-1A1 and A2 VALUES FOR RADIONUCLIDES Symbol of radionuclide Element and atomic number A1 (TBq)

A1 (Ci)b A2 (TBq)

A2 (Ci)b Specific activity (TBq/g)

(Ci/g)

Cf-252 1.0x10-1 2.7 3.0x10-3 8.1x10-2 2.0x101 5.4x102 Ir-192 c1.0 c2.7x101 6.0x10-1 1.6x101 3.4x102 9.2x103 Kr-79 Krypton (36) 4.0 1.1x102 2.0 5.4x101 4.2x104 1.1x106 Kr-81 4.0x101 1.1x103 4.0x101 1.1x103 7.8x10-4 2.1x10-2 Mo-99 a h 1.0 2.7x101 6.0x10-1 1.6x101 1.8x104 4.8x105 a A1 and/or A2 values include contributions from daughter nuclides with half-lives less than 10 days, as listed in the following:

Mg-28 Al-28 Ca-47 Sc-47 Ti-44 Sc-44 Fe-52 Mn-52m Fe-60 Co-60m Zn-69m Zn-69 Ge-68 Ga-68 Rb-83 Kr-83m Sr-82 Rb-82 Sr-90 Y-90 Sr-91 Y-91m Sr-92 Y-92 Y-87 Sr-87m Zr-95 Nb-95m Zr-97 Nb-97m, Nb-97 Mo-99 Tc-99m Tc-95m Tc-95 Tc-96m Tc-96 Ru-103 Rh-103m Ru-106 Rh-106 Pd-103 Rh-103m Ag-108m Ag-108 Ag-110m Ag-110 Cd-115 In-115m In-114m In-114 Sn-113 In-113m Sn-121m Sn-121 Sn-126 Sb-126m Te-127m Te-127 Te-129m Te-129 Te-131m Te-131 Te-132 I-132 I-135 Xe-135m

41 Xe-122 I-122 Cs-137 Ba-137m Ba-131 Cs-131 Ba-140 La-140 Ce-144 Pr-144m, Pr-144 Pm-148m Pm-148 Gd-146 Eu-146 Dy-166 Ho-166 Hf-172 Lu-172 W-178 Ta-178 W-188 Re-188 Re-189 Os-189m Os-194 Ir-194 Ir-189 Os-189m Pt-188 Ir-188 Hg-194 Au-194 Hg-195m Hg-195 Pb-210 Bi-210 Pb-212 Bi-212, Tl-208, Po-212 Bi-210m Tl-206 Bi-212 Tl-208, Po-212 At-211 Po-211 Rn-222 Po-218, Pb-214, At-218, Bi-214, Po-214 Ra-223 Rn-219, Po-215, Pb-211, Bi-211, Po-211, Tl-207 Ra-224 Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Ra-225 Ac-225, Fr-221, At-217, Bi-213, Tl-209, Po-213, Pb-209 Ra-226 Rn-222, Po-218, Pb-214, At-218, Bi-214, Po-214 Ra-228 Ac-228 Ac-225 Fr-221, At-217, Bi-213, Tl-209, Po-213, Pb-209 Ac-227 Fr-223 Th-228 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Th-234 Pa-234m, Pa-234 Pa-230 Ac-226, Th-226, Fr-222, Ra-222, Rn-218, Po-214 U-230 Th-226, Ra-222, Rn-218, Po-214 U-235 Th-231 Pu-241 U-237 Pu-244 U-240, Np-240m Am-242m Am-242, Np-238 Am-243 Np-239 Cm-247 Pu-243 Bk-249 Am-245 Cf-253 Cm-249 c The activity of Ir-192 in special form may be determined from a measurement of the rate of decay or a measurement of the radiation level at a prescribed distance from the source.

h A2 = 0.74 TBq (20 Ci) for Mo-99 for domestic use.

42 Table A-2EXEMPT MATERIAL ACTIVITY CONCENTRATIONS AND EXEMPT CONSIGNMENT ACTIVITY LIMITS FOR RADIONUCLIDES Symbol of radionuclide Element and atomic number Activity concentration for exempt material (Bq/g)

Activity concentration for exempt material (Ci/g)

Activity limit for exempt consignment (Bq)

Activity limit for exempt consignment (Ci)

Kr-79 Krypton (36) 1.0x103 2.7x10-8 1.0x105 2.7x10-6 Kr-81 1.0x104 2.7x10-7 1.0x107 2.7x10-4 Te-121m 1.0x102 2.7x10-9 1.0x106 2.7x10-5 b Parent nuclides and their progeny included in secular equilibrium are listed as follows:

Sr-90 Y-90 Zr-93 Nb-93m Zr-97 Nb-97 Ru-106 Rh-106 Ag-108m Ag-108 Cs-137 Ba-137m Ce-144 Pr-144 Ba-140 La-140 Bi-212 Tl-208 (0.36), Po-212 (0.64)

Pb-210 Bi-210, Po-210 Pb-212 Bi-212, Tl-208 (0.36), Po-212 (0.64)

Rn-222 Po-218, Pb-214, Bi-214, Po-214 Ra-223 Rn-219, Po-215, Pb-211, Bi-211, Tl-207 Ra-224 Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)

Ra-226 Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210 Ra-228 Ac-228 Th-228 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212(0.64)

Th-229 Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209 Th-nat Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)

Th-234 Pa-234m U-230 Th-226, Ra-222, Rn-218, Po-214 U-232 Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)

U-235 Th-231 U-238 Th-234, Pa-234m U-nat Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210 Np-237 Pa-233 Am-242m Am-242 Am-243 Np-239

43 TABLE A-3GENERAL VALUES FOR A1 and A2 Contents A1 A2 Activity concen-tration for exempt material (Bq/g)

Activity concen-tration for exempt material (Ci/g)

Activity limits for exempt consign

-ments (Bq)

Activity limits for exempt consign

-ments (Ci)

(TBq)

(Ci)

(TBq)

(Ci)

Alpha emitting nuclides, but no neutron emitters, are known to be present a 2x10-1 5.4x100 9x10-5 2.4x10-3 1x10-1 2.7x10-12 1x103 2.7x10-8 Neutron emitting nuclides are known to be present or no relevant data are available 1x10-3 2.7x10-2 9x10-5 2.4x10-3 1x10-1 2.7x10-12 1x103 2.7x10-8 a If beta or gamma emitting nuclides are known to be present, the A1 value of 0.1 TBq (2.7 Ci) should be used.