ML22244A003

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Rats 2018-3 NRC Comparison
ML22244A003
Person / Time
Issue date: 08/30/2022
From:
Office of Nuclear Material Safety and Safeguards
To:
State of NM, Environment Dept
Poy S
Shared Package
ML22243A198 List:
References
Download: ML22244A003 (33)
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Text

State section NRC Section RATS ID Category Subject and Comment 1 20.3.5.27 REPORTING § 34.101 Notifications 2018-3 C No change: we are the department that REQUIREMENTS: (c) Any licensee conducting radiographic must be notified.

C. Any licensee or operations or storing radioactive registrant conducting material at any location not listed on the radiographic operations, license for a period in excess of 180 days or storing radioactive in a calendar year, shall notify the material or radiation appropriate NRC regional office listed in machine(s), at any location § 30.6(b)(2) of this chap ter prior to not listed on the license exceeding the 180 days.

for a period in excess of 180 days in a calendar year, shall notify the Department in writing prior to exceeding the 180 days.

2 20.3.3.307 FILING In § 37.23(b)(2), after the second 2018-3 B Incorporated by reference APPLICATION FOR sentence, this final rule adds the SPECIFIC LICENSES: sentence, E. An application for "Provide oath or affirmation a specific license of certifications to the ATTN: Document category 1 and category 2 Control Desk; Director, Office of Nuclear quantities of radioactive Material Safety and Safeguards." to read material shall comply with as follows:

10 CFR 37. The licensee shall comply with 10 CFR § 37.23 Access authorization program 37 except as follows: requirements.

(1) any reference to * * * *

  • the commission or NRC (b) * *
  • shall be deemed a (2) Each licensee shall name one or more reference to the individuals to be reviewing officials.

department; After completing the background (2) 10 CFR 37.5 investigation on the reviewing official, definitions of agreement the licensee shall provide under oath or state, byproduct material, affirmation, a certification that the commission and person reviewing official is deemed trustworthy shall not be applicable; and reliable by the licensee. Provide (3) 10 CFR 37.7, 10 oath or affirmation certifications to the CFR 37.9, 10 CFR 37.11(a) ATTN: Document Control Desk; Director, and (b), 10 CFR 37.13, 10 Office of Nuclear Material Safety and CFR 37.105, and 10 CFR Safeguards. The fingerprints of the 37.107 shall not be named reviewing official must be taken applicable; and by a law enforcement agency, Federal or (4) the license State agencies that provide required report of events fingerprinting services to the public, or or notification in 10 CFR commercial fingerprinting services 37.45, 10 CFR 37.57, 10 authorized by a State to take CFR 37.77(a) through (d), fingerprints. The licensee shall recertify and 10 CFR 37.81 shall use that the reviewing official is deemed the following address: trustworthy and reliable every 10 years New Mexico Environment in accordance with § 37.25(c).

Department/RCB, P.O. Box * * * *

  • 5469, Santa Fe, NM 87502-5469.

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 37.71, 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.

20.3.5.10 SPECIFIC LICENSE FOR INDUSTRIAL RADIOGRAPHY:

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 37.71, 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.

20.3.7.700 GENERAL REGULATORY REQUIREMENTS:

E.(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 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; (d) 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.

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 lice nsee 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 37.71, 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), 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.

20.3.15.1502 SPECIFIC LICENSES FOR IRRADIATORS: The department will approve an application for a specific license for the use of licensed material in an irradiator if the applicant meets the requirements contained in this section.

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 37.71, 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.

3 20.3.3.307 FILING In § 37.43, paragraphs (d)(2) and (3), and 2018-3 C Incorporated by reference APPLICATION FOR paragraphs (d)(5) through (8), this final SPECIFIC LICENSES: rule has been revised to add the phrase E. An application for "the list of a specific license of individuals that have been approved for category 1 and category 2 unescorted access" quantities of radioactive to provide the full list of material shall comply with information required to be protected as 10 CFR 37. The licensee follows:

shall comply with 10 CFR 37 except as follows: § 37.43 General security program (1) any reference to requirements.

the commission or NRC * * * *

  • shall be deemed a (d) * *
  • reference to the (2) Efforts to limit access shall include department; the development, implementation, and (2) 10 CFR 37.5 maintenance of written policies and definitions of agreement procedures for controlling access to, and state, byproduct material, for proper handling and protection commission and person against unauthorized disclosure of, the shall not be applicable; security plan, implementing procedures, (3) 10 CFR 37.7, 1 0 and the list of individuals that have been CFR 37.9, 10 CFR 37.11(a) approved for unescorted access.

and (b), 10 CFR 37.13, 10 (3) Before granting an individual access CFR 37.105, and 10 CFR to the security plan, implementing procedures, or the list of individuals that 37.107 shall not be have been approved for unescorted applicable; and access, licensees shall:

(4) the license (i) Evaluate an individual's need to know required report of events the security plan, implementing or notification in 10 CFR procedures, or the list of individuals that 37.45, 10 CFR 37.57, 10 have been approved for unescorted CFR 37.77(a) through (d), access; and and 10 CFR 37.81 shall use * * * *

  • the following address: (5) The licensee shall document the basis New Mexico Environment for concluding that an individual is Department/RCB, P.O. Box trustworthy and reliable and should be 5469, Santa Fe, NM granted access to the security plan, 87502-5469. implementing procedures, or the list of individuals that have been approved for 20.3.4.425 unescorted access.

SECURITY AND CONTROL (6) Licensees shall maintain a list of OF LICENSED OR persons currently approved for access to REGISTERED SOURCES OF the security plan, implementing RADIATION: procedures, or the list of individuals that A. The licensee shall have been approved for unescorted secure from unauthorized access. When a licensee determines that removal or access licensed a person no longer needs access to the materials that are stored security plan, implementing procedures, in controlled or or the list of individuals that have been unrestricted areas. The approved for unescorted access, or no licensee possessing longer meets the access authorization category 1 and category 2 requirements for access to the quantities of radioactive information, the licensee shall remove materials shall comply the person from the approved list as with 10 CFR 37. The soon as possible, but no later than 7 licensee shall comply with working days, and take prompt measures 10 CFR 37 except as to ensure that the individual is unable to follows: obtain the security plan, implementing procedures, or the list of individuals that (1) any reference to have been approved for unescorted the commission or NRC access.

shall be deemed a (7) When not in use, the licensee shall reference to the store its security plan, implementing department; procedures, and the list of individuals (2) 10 CFR 37.5 that have been approved for unescorted definitions of agreement access in a manner to prevent state, byproduct material, unauthorized access. Information stored commission and person in nonremovable electronic form must shall not be applicable; be password protected.

(3) 10 CFR 37.7, 10 (8) * *

(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.

20.3.5.10 SPECIFIC LICENSE FOR INDUSTRIAL RADIOGRAPHY:

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 37.71, 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.

20.3.7.700 GENERAL REGULATORY REQUIREMENTS:

E.(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 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; (d) 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.

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) an d (b),

10 CFR 37.13, 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), 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.

20.3.15.1502 SPECIFIC LICENSES FOR IRRADIATORS: The department will approve an application for a specific license for the use of licensed material in an irradiator if the applicant meets the requirements contained in this section.

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 37.71, 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.

4 20.3.3.307 FILING In § 37.45(b), remove the reference § 2018-3 Incorporated by reference APPLICATION FOR 30.6(a)(2) and add in its place the SPECIFIC LICENSES: reference § 30.6(b)(2).

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 37.105, 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.

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 37.71, 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.

20.3.5.10 SPECIFIC LICENSE FOR INDUSTRIAL RADIOGRAPHY:

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 37.71, 10 CFR 37.105, and 10 CFR 37.107 shal l 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.

20.3.7.700 GENERAL REGULATORY REQUIREMENTS:

E.(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 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; (d) 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.

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 37.71, 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), 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.

20.3.15.1502 SPECIFIC LICENSES FOR IRRADIATORS: The department will approve an application for a specific license for the use of licensed material in an irradiator if the applicant meets the requirements contained in this section.

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 37.71, 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.

5 20.3.3.307 FILING In § 37.77(a)(1), remove the title 2018-3 Incorporated by reference APPLICATION FOR Division of Material Safety, State, Tribal, SPECIFIC LICENSES: and Rulemaking Programs and add in its E. An application for place the title Division of Materials a specific license of Safety, Security, State, and Tribal category 1 and category 2 Programs.

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 37.105, 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.

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 37.71, 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.

20.3.5.10 SPECIFIC LICENSE FOR INDUSTRIAL RADIOGRAPHY:

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 37.71, 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.

20.3.7.700 GENERAL REGULATORY REQUIREMENTS:

E.(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 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; (d) 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.

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 37.71, 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), 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.

20.3.15.1502 SPECIFIC LICENSES FOR IRRADIATORS: The department will approve an application for a specific license for the use of licensed material in an irradiator if the applicant meets the requirements contained in this section.

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 37.71, 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.

6 20.3.3.306 In § 71.97(c)(3)(iii), remove the title 2018-3 Incorporated by reference TRANSPORTATION OF Division of Material Safety, State, Tr ibal, RADIOACTIVE MATERIAL: and Rulemaking Programs and add in its place the title Division of Materials A. Except as Safety, Security, State, and Tribal specified in Subsection D Programs.

of this section, the regulations of the United States NRC set forth in 10 CFR 71 are hereby incorporated by reference.

B.

Shipment and transport of radioactive material shall be in accordance with the provisions of Subsection A of this section.

C. The following modifications are made to the incorporated federal regulations in this section:

(1) co mmission means the department or NRC; (2) act means the Radiation Protection Act, Sections 74-3-1 through 74-3-16 NMSA 1978; and (3) byproduct material means radioactive material as defined in 20.3.1.7 NMAC.

D. The following provisions contained in 10 CFR 71 are not incorporated in this section: 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, 71.71, 71.73, 71.74, 71.75, 71.77, 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.

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