January 28, 2000 

Mr. Clayton Bradt, C.H.P. 

Associate Radiophysicist 

Radiological Health Unit 

Division of Safety and Health 

New York State Department of Labor 

NYS Office Campus, Building 12, Room 169 

Albany, NY 12240 

Dear Mr. Bradt: 

We have reviewed the final New York Department of Labor regulations, “Ionizing Radiation 

Protection,” Part 38 of Title 12 of the Official Compilation of Codes, Rules and Regulations of 

the State of New York (12 NYCRR Part 38), which became effective on April 15, 1999. The 

final regulations are in response to the 12 amendments identified in the enclosed Regulation 

Assessment Tracking System (RATS) Data Sheet. The regulations were reviewed by 

comparison to the equivalent NRC regulations in 10 CFR Parts 20, 30, 32, 34 and 36. We also 

discussed our review of the regulations with you on January 7, 2000. 

As a result of the NRC review, we have determined that the New York Department of Labor 

regulations, as adopted, meet the compatibility and health and safety categories established in 

Office of State Programs Procedure SA-200. 

We have also summarized on the RATS Data Sheet our knowledge of the status of other New 

York Department of Labor regulations. Please let us know if you note any inaccuracies or have 

any comments on the information contained in the RATS Data Sheet. 

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 me or Duncan 

White at (610) 337-5042 or ADW@NRC.GOV. 

Sincerely, 

/RA/ 

Frederick C. Combs, Deputy Director 

Office of State Programs 

Enclosure: 

As stated 
Mr. Clayton Bradt, C.H.P. January 28, 2000 

Associate Radiophysicist 

Radiological Health Unit 

Division of Safety and Health 

New York State Department of Labor 

NYS Office Campus, Building 12, Room 169 

Albany, NY 12240 

Dear Mr. Bradt: 

We have reviewed the final New York Department of Labor regulations, “Ionizing Radiation 

Protection,” Part 38 of Title 12 of the Official Compilation of Codes, Rules and Regulations of 

the State of New York (12 NYCRR Part 38), which became effective on April 15, 1999. The 

final regulations are in response to the 12 amendments identified in the enclosed Regulation 

Assessment Tracking System (RATS) Data Sheet. The regulations were reviewed by 

comparison to the equivalent NRC regulations in 10 CFR Parts 20, 30, 32, 34 and 36. We also 

discussed our review of the regulations with you on January 7, 2000. 

As a result of the NRC review, we have determined that the New York Department of Labor 

regulations, as adopted, meet the compatibility and health and safety categories established in 

Office of State Programs Procedure SA-200. 

We have also summarized on the RATS Data Sheet our knowledge of the status of other New 

York Department of Labor regulations. Please let us know if you note any inaccuracies or have 

any comments on the information contained in the RATS Data Sheet. 

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 me or Duncan 

White at (610) 337-5042 or ADW@NRC.GOV. 

Sincerely, 

/RA/ 

Frederick C. Combs, Deputy Director 

Office of State Programs 

Enclosure: 

As stated 

Distribution: 

DIR RF (9-260) 

SDroggitis 

BUsilton 

PLohaus 

KSchneider, ASPO 

NY DOL File 

DCD (SP05) 

PDR (YES_�__ NO___) 

DOCUMENT NAME: G:\SNS\STATE REGS\IRADIOLOGICAL HEALTH.WPD 

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy 

OFFICE OSP OSP OGC OSP:DD 

NAME DWhite:kk SNSalomon STreby FCombs 

DATE 01/07/2000 01/18/2000 01/21/2000 01/18/2000 

01/28/2000 

OSP FILE CODE: SP-AG-20-3

REGULATION ASSESSMENT TRACKING SYSTEM 

RATS DATA SHEET

 State: New York Department of Labor Tracking Ticket Number: 9-260 

 [12 final amendments (4/15/99) identified by�] Date: January 28, 2000 

NRC Chronology Identification FR Notice 

(State Due 

RATS 

ID 

Proposed/

 FinalNRC Review 

Final State 

Regulation2 

Date) Comment 

(Y/N)1 

Date (Effective 

Date) 

Standards for Protection Against Radiation­ 56 FR 1991-3 F-Y 12/5/97 6/29/94 

Part 20 23360 plus F-Y 12/24/97 

others 

(1/1/94) 

� Safety Requirements for Radiographic 

Equipment-Part 34 

55 FR 843 

(1/10/94) 

1991-1 F-N 1/28/00 4/15/99 

ASNT Certification of Radiographers-Part 34 56 FR 11504 

(none) 

1991-2 Not required3 

� Notification of Incidents-Parts 20, 30, 31, 34, 

39, 40, 70 

56 FR 64980 

(10/15/94) 

1991-4 F-N 1/28/00 4/15/99 

Quality Management Program and 56 FR 34104 1992-1 Not applicable 

Misadministrations-Part 35 (1/27/95) to NYDOL 

Eliminating the Recordkeeping Requirements 57 FR 45566 1992-2 Not required 

for Departures from Manufacturer’s Instructions­ (none) 

Parts 30,35 

� Licensing and Radiation Safety Requirements 

for Irradiators-Part 36 

58 FR 7715 

(7/1/96) 

1993-2 F-N 1/28/00 4/15/99 

Definition of Land Disposal and Waste Site QA 58 FR 33886 1993-3 Not applicable 

Program-Part 61 (7/22/96) to NYDOL 

� Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted 

areas and spill sites]-Parts 30, 40 

58 FR 39628 

(10/25/96) 

1993-1 F-N 1/28/00 4/15/99 

Self-Guarantee as an Additional Financial 58 FR 68726 1994-1 Not required 

Mechanism- Parts 30, 40, 70 59 FR 1618 

(none) 

Uranium Mill Tailings Regulations: Conforming 59 FR 28220 1994-2 Not applicable 

NRC Requirements to EPA Standards-Part 40 (7/1/97) to NYS 

� Timeliness in Decommissioning Material 

Facilities-Parts 30, 40, 70 

59 FR 36026 

(8/15/97) 

1994-3 F-N 1/28/00 4/15/99 

� Preparation, Transfer for Commercial 

Distribution, and Use of Byproduct Material for 

Medical Use-Parts 30, 32, 35 

59 FR 61767 

59 FR 65243 

60 FR 322 

(1/1/98) 

1995-1 F-N 1/28/00 4/15/99 
NRC Chronology Identification FR Notice 

(State Due 

Date) 

RATS 

ID 

Proposed/

 FinalComment 

(Y/N)1 

NRC 

Review 

Date 

Final State 

Regulation2 

(Effective 

Date) 

� Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment-Part 20 

60 FR 7900 

(3/13/98) 

1995-2 F-N 1/28/00 4/15/99 

� Low-Level Waste Shipment Manifest 

Information and Reporting-Parts 20, 61 

60 FR 15649 

60 FR 25983 

(3/1/98) 

1995-3 F-N 1/28/00 4/15/99 

� Performance Requirements for Radiography 

Equipment- Part 34 

60 FR 28323 

(6/30/98) 

1995-4 F-N 1/28/00 4/15/99 

Radiation Protection Requirements: Amended 

Definitions and Criteria-Parts 19, 20 

60 FR 36038 

(8/14/98) 

1995-5 

� Clarification of Decommissioning Funding 

Requirements-Parts 30, 40, 70 

60 FR 38235 

(11/24/98) 

1995-6 F-N 1/28/00 4/15/99 

Medical Administration of Radiation and 

Radioactive Materials-Parts 20, 35 

60 FR 48623 

(10/20/98) 

1995-7 Not applicable 

to NYDOL 

� 10 CFR Part 71: Compatibility with the 

International Atomic Energy Agency-Part 71 

60 FR 50248 

61 FR 28724 

(4/1/99) 

1996-1 F-N 1/28/00 4/15/99 

One Time Extension of Certain Byproduct, Source 

and Special Nuclear Materials Licenses-Parts 30, 

40, 70 

61 FR 1109 

(none) 

1996-2 Not required 

Termination or Transfer of Licensed Activities: 

Recordkeeping Requirements-Parts 20, 30, 40, 61, 

70 

61 FR 24669 

(6/17/99) 

1996-3 

� Resolution of Dual Regulation of Airborne 

Effluents of Radioactive Materials; Clean Air ActPart 20 

61 FR 65119 

(1/9/00) 

1997-1 F-N 1/28/00 4/15/99 

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907 

(none) 

1997-4 Not required 

Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an 

Agreement State-Part 150 

62 FR 1662 

(2/27/00) 

1997-2 

Criteria for the Release of Individuals 

Administered Radioactive Material-Parts 20, 35 

62 FR 4120 

(5/29/00) 

1997-3 

Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography 

Operations-Parts 30, 34, 71, 150 

62 FR 28948 

(6/27/00) 

1997-5 

Radiological Criteria for License TerminationParts 20, 30, 40, 70 62 FR 39057 

(8/20/00) 

1997-6 
NRC Chronology Identification FR Notice 

(State Due 

Date) 

RATS 

ID 

Proposed/

 FinalComment 

(Y/N)1 

NRC 

Review 

Date 

Final State 

Regulation2 

(Effective 

Date) 

Exempt Distribution of a Radioactive Drug 

Containing One Microcurie of Carbon-14 UreaPart 30 

62 FR 63634 

(1/02/01) 

1997-7 

Deliberate Misconduct by Unlicensed PersonsParts 30, 40, 61, 70, 150 63 FR 1890 

63 FR 13773 

(2/12/01) 

1998-1 

Self-Guarantee of Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 

63 FR 29535 

(none) 

1998-2 Not required 

License Term for Medical Use Licenses- Part 35 63 FR 31604 

(none) 

1998-3 Not required 

Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic 

Operations-Part 34 

63 FR 37059 

(7/9/01) 

1998-4 

Minor Corrections, Clarifying Changes, and a 

Minor Policy Change-Parts 20, 35, 36 

63 FR 39347 

63 FR 45393 

(10/26/01) 

1998-5 

Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment-Part 20 

63 FR 50127 

(11/20/01) 

1998-6 

Radiological Criteria for License Termination of 

Uranium Recovery Facilities-Part 40 

64 FR 17506 

(6/11/02) 

1999-1 Not applicable 

to NYS 

Requirements for Those Who Possess Certain 

Industrial Devices Containing Byproduct Material 

to Provide Requested Information-Part 31 

64 FR 42269 

(none) 

1999-2 Not required 

Respiratory Protection and Controls to Restrict 

Internal Exposure - Part 20 

64 FR 54543 

64 FR 55525 

(2/2/03) 

1999-3 

1.	 (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter. 

2.	 Or other generic Legally Binding Requirement. 

3.	 Not required means these regulations are not required for purposes of compatibility.