Authority: IC 10-19-12-6; IC 10-19-12-14

Affected: IC 5-14-3; IC 10-19-12-18; IC 13

Sec. 2. To reconcile differences between this article and the incorporated language, the following words and phrases shall be substituted for the language in the incorporated material as follows:

(1) Unless otherwise specified in this section, a reference to "department" means the Indiana department of homeland security.

(2) A reference to "NRC", "Commission", "Regional Office", "Director, Office of Nuclear Material Safety and Safeguards or his/her designee", "United States Nuclear Regulatory Commission", "U.S. Nuclear Regulatory Commission", "Administrator of the appropriate Regional Office", "Regional Administrator", or "Atomic Energy Commission", means the Indiana department of homeland security, except when used in:

(A) the definition of "Agreement State" in 10 CFR 30.4, 35.2, 37.5. 40.4, 70.4, and 150.3;

(B) the definition of "Sealed Source and Device Registry" in 10 CFR 32.2 and 35.2;

(C) 10 CFR 35, when referring to the NRC's Medical Uses Licensee Toolkit web page;

(D) the reference to master material license or licensee in 10 CFR 35;

(E) the definition of "Fingerprint orders" in 10 CFR 37.5;

(F) 10 CFR 37.25(b)(2);

(G) 10 CFR 37.27(a) and (c);

(H) 10 CFR 37.29(a)(1) and (a)(7);

(I) 10 CFR 37.31(d);

(J) the reference to the NRC's license verification system in 10 CFR 37.71(a) through (c);

(K) 10 CFR 39.63(l);

(L) 10 CFR 40.4;

(M) 10 CFR 40.35(f);

(N) 10 CFR 61.55(a)(2)(iv);

(O) 10 CFR 70.19(a)(2), (a)(3), and (c)(3);

(P) 10 CFR 71.17(e);

(Q) 10 CFR 71.88(a)(4);

(R) 10 CFR 71.93(c);

(S) The definitions of "Certificate Holder" and "Certificate of Compliance" in 10 CFR 71.4.

(3) A reference to "NRC or Agreement State", "Commission or the licensing agency of an Agreement State", "Commission or the appropriate agency of an Agreement State", "Commission or the Atomic Energy Commission or an Agreement State", "Atomic Energy Commission, the Commission, or an Agreement State", "with the Commission or with an Agreement State", "U.S. Nuclear Regulatory Commission or the legally binding requirements issued by Agreement States", "Commission or Agreement State", or "Commission or an Agreement State" means the "Indiana Department of Homeland Security, the NRC, or Agreement State".

(4) A reference to "or equivalent Agreement State regulations" means "NRC regulations in Chapter 10 of the Code of Federal Regulations, or equivalent Agreement State regulations". A reference to "or equivalent Agreement State requirements" means "NRC requirements, or equivalent Agreement State requirements". A reference to "comparable provisions of an Agreement State" means "comparable provisions of the NRC or of an Agreement State". A reference to "an Agreement State" means "an Agreement State or the NRC". A reference to "equivalent regulations of an Agreement State" means "NRC regulations in Chapter 10 of the Code of Federal Regulations, or equivalent regulations of an Agreement State".

(5) A reference to the Advisory Committee on the Medical Uses of Isotopes (ACMUI) is deemed to be a reference to the department's radiation advisory committee.

(6) Any notifications, communications, reports, correspondence, or oath and affirmations referenced in the incorporated sections of the Code of Federal Regulations shall be directed to the department using the contact information specified in section 4 of this rule. However:

(A) fingerprints for FBI criminal history records check and related fees shall be submitted to the NRC in accordance with 10 CFR 37.27;

(B) the submission required before the first use of an NRC approved package shall be sent in accordance with 10 CFR 71.17(c)(3), to the NRC, ATTN: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, using the appropriate methods listed in 10 CFR 71.1(a), the licensee's name and license number, and the package identification number specified in the package approval.

(7) Any requirement to use an NRC form may also be satisfied by use of an equivalent form approved by the department.

(8) In 10 CFR 30.32(g); 31.5(b)(1)(ii); 31.5(c)(3)(ii); 31.5(c)(5); 31.5(c)(13)(iv); 31.6; 31.7(a); 31.8(b); 31.8(c)(3); 31.10(a); 31.10(b)(1); 31.11(c)(4); 31.11(d)(1); 31.12(c)(4); 32.51a(b); 32.51a(b)(1) and (4); 32.51a(e); 32.52(b); 32.52(b)(7); 32.55(d); 32.56; 32.62(e); 32.74(a)(3); 34.89(b)(12); 39.41(f); 39.51; 39.75(e); 40.25(b); 40.25(d)(3); 40.35(d)(2) and (e)(2); 40.55(d)(2); 170.31, Table 1, Category 16, "Reciprocity"; 170.31(1); and 171.17(b)(2), a reference made to "an Agreement State", or "non-Agreement State" means "an Agreement State or the NRC".

(9) In 10 CFR 31.6 and 31.8(a)(1), where the words "any non-agreement state" or "offshore waters" are used, substitute the words "State of Indiana".

(10) In 10 CFR 39.51, where the phrase "or by an Agreement State" is used, substitute the words "by the NRC or by an Agreement State".

(11) In 10 CFR 70.19(a)(1), a reference to "a non-agreement State" means "the State of Indiana".

(12) In 10 CFR 37.77(a)(1), the following language is preserved: "The contact information, including telephone and mailing addresses, of governors and governors' designees, is available on the NRC's Web site at https://scp.nrc.gov/special/designee.pdf. A list of the contact information is also available upon request from the Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001." [Note: NRC website relocated at www.nrc.gov/materials/adv-notification-designees.html.]. Additionally, the language in 10 CFR 37.77(d) is preserved.

(13) Required statements for labeling referenced in 10 CFR are preserved.

(14) In 10 CFR 71.97(c)(3)(ii) and (iii) and in 71.97(f) the language is preserved.

(15) In 10 CFR 30.12 and 30.41(b)(1), the definition of "Department of Energy" in 10 CFR 40.4 and 70.4; 40.11; 40.14(c); 40.51(b)(1); 70.11; and 70.42(b)(1); the word "Department" means "U.S. Department of Energy".

(16) In 10 CFR 30.41(b)(2), 40.51(b)(2), and 70.42(b)(2), "agency in any Agreement State" means "agency in any Agreement State or agency under NRC jurisdiction".

(17) In 10 CFR 30.41(b)(4), 40.51(b)(4), and 70.42(b)(4), a reference made to "any person in an Agreement State, subject to the jurisdiction of that State, who has been exempted from the licensing requirements and regulations of that State" means "any person in an Agreement State or in NRC jurisdiction, subject to the jurisdiction of that State or the NRC, who has been exempted from the licensing requirements and regulation of that State or the NRC".

(18) For purposes of 10 CFR Part 71, Subpart H, and 10 CFR 170 and 171 only, the terms "certificate of compliance", "compliance holder", "certificate holder", or "applicant for certificate of compliance" apply to the NRC as they are the sole authority for issuing a package certificate of compliance.

(19) In 10 CFR 150.20, the words:

(A) "non-agreement states", "areas of exclusive federal jurisdiction within agreement states", or "offshore waters" used in (a)(1)(i), (ii), (iii); (b), (b)(3), and (b)(4) mean "The State of Indiana";

(B) "agreement state license" means "agreement state license of Nuclear Regulatory Commission license";

(C) "license issued by an agreement state" means "license issued by an agreement state or the Nuclear Regulatory Commission"; and

(D) "license from an agreement state" means "license from an agreement state of the Nuclear Regulatory Commission".

(20) In 10 CFR 19.15; 19.16; 30.12; 30.13; 30.14; 30.15; 30.18; 30.19; 30.20; 30.21; 30.22; 30.34; 30.41(b)(3); 30.61(b); 40.31(d); 40.32(a); 40.41(a), (b), and (e)(4); 40.51(b)(3); 40.71; 70.21(b); 70.31(a); 70.32(a)(3); 70.32(b)(5); 70.36; 70.42(b)(3); 70.81; and 150.20(b), a reference to "the Act", "Atomic Energy Act of 1954", "act", Section 81 of the Act", "Section 81 and 82 of the Act", or "section 182 of the Act", means IC 10-19-12, entitled, "Nuclear Regulatory Agreement".

(21) References to parts of Chapter 10 of the Code of Federal Regulations that remain under the NRC's regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72, 76, and 110; and the phrase "common defense and security") are not incorporated.

(22) In 10 CFR 19.11(a)(4); 30.10(b); 40.10(b); 70.10(b); and 71.8(c), the reference to 10 CFR 2, subpart B is replaced with IC 10-19-12-18 (equivalent state regulations and provisions).

(23) In 10 CFR 40.31(c), the reference to 10 CFR Parts 2 and 9, relating to public records, is replaced with IC 5-14-3. Similarly, in 10 CFR 70.21(d), the reference to part 2 is replaced with IC 5-14-3.

(24) In 10 CFR 30.32(f); 30.33; 40.31(f); and 40.32(e), the reference to 10 CFR Part 51 is replaced with IC 13 (equivalent state regulations and provisions).

(25) In 10 CFR 71.101(c)(1), 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 the address specified in section 4(a) of this rule.

(26) In 10 CFR 61.55(a)(2)(iv), the reference to "part 60 or 63 of this chapter" is replaced with "10 CFR 60 or 63".

(27) In 10 CFR 39.11, the reference to the definition of "person" in 10 CFR 30.4 is a reference to the definition of "person" in IC 10-19-12.

(28) In 10 CFR 31.2; 31.5(b)(10); 31.7(b); 31.8(c); 31.11(f); 31.12(b); 40.13; 40.22(d); and 70.19(c), the reference to "21 of this chapter" is replaced by "10 CFR Part 21".

(29) In 10 CFR 34.45(a)(9) and 10 CFR 39.63(l), the phrase "as required by part 21 of this chapter" is excluded.

(30) Any reference to "part 73 of this chapter" is a reference to 10 CFR Part 73.

(31) In 10 CFR 150.20, "74.11, 74.15, and 74.19 of this chapter" is replaced by "10 CFR 74.11, 74.15, and 74.19".

(Department of Homeland Security; 290 IAC 3-1-2; filed Oct 28, 2025, 11:42 a.m.: 20251126-IR-290250385FRA)