UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

 January 5, 2017

Augustinus Ong, Administrator

State of New Hampshire

Department of Health and Human Services

Radiological Health Section

29 Hazen Drive

Concord, New Hampshire 03301-6503

Dear Mr. Ong: 

We have reviewed the final revisions to the New Hampshire Radiological Health Rules He-P 

4003, 4020, 4030, 4031, 4032, 4035, and 4037, received by our office on November 7, 2016. 

These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory 

Commission (NRC) rules and the requirements of Regulation Amendment Tracking System 

Identification Numbers (RATS ID) 2001-1, 2002-2, and 2004-1 as identified in the enclosed 

State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with 

you on January 3, 2017.

As a result of our review, we have 26 comments that have been identified in the enclosure. In 

addition to those comments, we have a general comment for New Hampshire to confirm

all referenced regulations embedded throughout their submitted rules to ensure that they 

match the equivalent NRC regulations. Please note that we have limited our review to 

regulations required for compatibility and/or health and safety. We have determined that if 

these regulations are revised, incorporating our comments and without other significant change, 

they would meet the compatibility and health and safety categories established in the Office of 

Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, “Compatibility Categories 

and Health and Safety Identification for NRC Regulations and Other Program Elements.”

We request that when you revise your regulations to address our comments, a copy of the “as 

published” regulations be provided to us for review. As requested in NMSS Procedure SA-201, 

“Review of State Regulatory Requirements,” please highlight the location of any changes made 

by New Hampshire, in response to our comments, and provide a copy to Division of Material 

Safety, State, Tribal, and Rulemaking Programs, NMSS. The SRS Data Sheet summarizes our 

knowledge of the status of other New Hampshire regulations, as indicated. Please let us know 

if you note any inaccuracies, or have any comments on the information contained in the SRS 

Data Sheet. This letter, including the SRS Data Sheet, is posted on the NMSS State 

Communication Portal: https://scp.nrc.gov/rulemaking.html. 
A. Ong -2- 

If you have any questions regarding the comments, the compatibility and health and safety 

categories, or any of the NRC regulations used in the review, please contact Michelle 

Beardsley, State Regulation Review Coordinator, at (267) 884-2305

(michelle.beardsley@nrc.gov) or Lizette Roldán-Otero at (817) 200-1596

(lizette.roldan@nrc.gov).

Sincerely,

/RA Paul Michalak for/

Pamela J. Henderson, Deputy Director

Division of Material Safety, State, Tribal

 and Rulemaking Programs

Office of Nuclear Material Safety

 and Safeguards

Enclosures: 

1. Compatibility Comments

2. New Hampshire SRS Data Sheet
COMPATIBILITY COMMENTS ON NEW HAMPSHIRE FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 4031.04

(e)(11)

31.5(c)(9)(i) 2001-1 C Certain detecting, measuring, 

gauging, or controlling devices and 

certain devices for producing light 

or an ionized atmosphere.

NH regulations do not contain the 

essential objectives of 31.5(c)(9)(i) as 

follows:

NH omits “a copy of this section, a 

copy of Secs. 31.2, 30.51, 20.2201, 

and 20.2202 of this chapter” from its 

regulation.

NH needs to add “a copy of this 

section, a copy of Secs. 31.2, 30.51, 

20.2201, and 20.2202 of this chapter” 

and replace the NRC regulation with 

their equivalent regulation in 

4031.04(e)(11).

NH needs to make the above 

changes to meet the Compatibility 

Category C designation assigned to 

10 CFR 31.5. 

2 4031.04

(e)(15) 

31.5(c)(13) 2001-1 C Certain detecting, measuring, 

gauging, or controlling devices and 

certain devices for producing light 

or an ionized atmosphere.

NH needs to add “3.7 megabecquerel 

(0.1 millicuries) of radium-226” to the 

list of radionuclides in 4031.04(e)(15). 

NH omits “mailing address for the 

location of use”. 

NH needs to make the above change 

to 4031.04
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

to meet the Compatibility Category C 

designation assigned to 10 CFR 31.5. 

COMMENT MODIFIED FROM 

LETTER DATED JULY 24, 2014

(ML14093A168)

3 4031.05 31.6 2001-1 C General license to install devices 

generally licensed in 31.5

NH did not include the reference to 

the regulation after the phrase “as 

defined in 10 CFR” in 4031.05.

NH needs to add the equivalent 

regulation to reference 150.3(f) in 

order to meet the essential objectives

in 4031.05.

NH needs to make the above 

changes to meet the Compatibility 

Category C designation assigned to 

10 CFR 31.6.

4 4032.03 (d) 32.51a(a) 2001-1 B Same: Conditions of license

NH replaced the words “policy is to 

issue high civil penalties” for “shall 

take enforcement action”; NH needs 

to add that the general licensee 

should expect the NRC to take 

enforcement action in the event of 

improper disposal.

NH regulations state “the following:” 

rather than “required information 

includes,” NH should add “includes” 

before “the following:”.

NH needs to make the changes 

indicated above to 4032.03 to meet 

the Compatibility Category B 

designation assigned to 10 CFR 

32.51a(a).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 4032.03 32.52(b) 2001-1 B Same: material transfer reports and 

records

NH equivalent regulations should 

include use of the form for transfers—

as written it only includes the form for 

receipts. 

NH needs to include use of the form 

for transfers to meet the Compatibility 

Category B designation assigned to 

10 CFR 32.52(b).

6 4032.03 

(m) – (n)

32.52(c) 2001-1 B Same: material transfer reports and 

records

NH should change “Records required 

by (l)” in subsection “n” of 4032.03 to 

“Records required by this paragraph”. 

NH needs to make the above 

correction to meet the Compatibility 

Category B designation assigned to 

10 CFR 32.52(c).

7 4032.05

(b)(1) &

(b)(2)b.

32.72

(b)(1)&

(b)(2)(ii)

2002-2 B Manufacture, preparation, or 

transfer for commercial 

distribution of radioactive drugs 

containing byproduct material for 

medical use under Part 35

NH regulations state, “Shall prepare 

radioactive drugs”. This should be 

changed to “May prepare radioactive 

drugs”. 

NH needs to add a reference to the 

equivalent of 10 CFR 35.2 definition 

of medical use.

NH needs to make the changes 

indicated above in 4032.05 to meet 

the Compatibility Category B 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

designation assigned to 10 CFR 

32.72(b)(1) and (b)(2)(ii).

8 4035.09

(b)(1) and

4035.10

(f)

35.24(f) 2002-2 H&S Authority and responsibilities for 

the radiation protection program

As NH has divided their equivalent

regulations to 35.24(f) into two 

separate regulations, there needs to 

be a cross-reference to show that the 

committee required in 4035.10(f) must 

meet the requirements in 

4035.09(b)(1). 

NH needs to include a crossreference to 4035.09(b)(1) in 

4035.10(f). Alternatively, NH could 

include the committee’s requirements 

in both places.

NH needs to make the changes 

indicated above to meet the 

Comptibility Category H&S assigned 

to 10 CFR 35.24(f).

9 4035.70 35.51 2002-2 B Training for an authorized medical 

physicist

NH regulations are not essentially 

identical to 35.51 as follows:

a) NH needs to rewrite 4035.70(a) to

read, “Is certified by a specialty

board whose certification process

has been recognized...and who

meets the requirements in He-P

4035.70 (b)(5) and (b)(6)”.

b) NH needs to rewrite 4035.70(b)(5)

to read “Has obtained written

attestation that the individual has

satisfactorily completed the

requirements in 4035.70 (b)(1),

(b)(2) and (b)(6), or 4035.70(b)(3),

(b)(4) and (b)(6)”.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

c) NH needs to replace “In addition

to the requirements of (b) above,”.

with “In addition to the

requirements of (b)(1) and (b)(2)

above,”.

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.51.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164)

10 4035.74 35.55 2002-2 B Training for an authorized nuclear 

pharmacist

NH regulations are not essentially 

identical to 35.55 as follows:

a) NH needs to replace the word

“didactic” with the words

“classroom and laboratory” in front

of the word “training” in

4035.74(c)(1)a.

b) NH needs to add the word

“practical” between “Supervised”

and “experience” in

4035.74(c)(1)b.

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.55.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164); 

And

New Comment:

In 4035.74(d) NH needs to replace 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

the reference “4035.74(b)” with 

“4035.74(b)(1)(2) and (3).

11 4035.73 35.59 2002-1 B Recentness of training

In 4035.73 NH needs to change the 

wording, “on-going education and 

applicable experience” to “related 

continuing education and experience”, 

as stated in 10 CFR 35.59.

NH needs to make the change 

indicated above to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.59.

12 4035.18 35.61 2002-2 H&S Calibration of survey instruments

NH regulations in 4035.18(c) state,

“shall use if less than 20%” . As 

stated this does not prohibit use of the 

survey instrument if above 20% as 

required by 10 CFR 35.61.

NH needs to make the change 

indicated above to meet the 

Compatibility Category H&S 

designation assigned to 10 CFR 

35.61.

13 4035.35 35.300 2002-2 H&S Use of unsealed byproduct 

material for which a written 

directive is required

NH regulations do not contain the 

essential health and safety objectives 

of 35.300 as follows:

a) NH needs to change the phrase 

“Prepared by, excluding (a) 

above...” to “Excluding production 

of PET radionuclides, prepared 

by...” in 4035.35(b).

b) NH needs to change the phrase 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

“Obtained from and prepared by 

DHHS/RHS...” to “Obtained from 

and prepared by a DHHS/RHS 

licensee”.

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.300.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164)

14 4035.37 35.315 2002-2 H&S Safety precautions

NH omits the word “visibly” before 

“post” in (a)(2).

NH needs to change “their 

contamination” in (a)(3) to “their 

radioactivity”.

NH needs to make the changes 

indicated above to meet the 

Compatibility Category H&S 

designation assigned to 10 CFR 

35.315.

15 4035.65 35.390 2002-2 B Training for use of unsealed 

byproduct material for which a 

written directive is required

NH regulations state:

“(b) To have its certification process 

recognized, a specialty board shall 

require all candidates for certification 

to: 

(1) Complete residency training in a 

radiation therapy or nuclear training 

program or a ...”.

NH needs to add “medicine” between 

“nuclear” and “training program” in 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

(b), and add “Successfully” at the 

beginning of (1) before “Complete”.

In (c)(1): after “shall include,” NH 

needs to add “classroom and 

laboratory training in the following 

areas:”.

In (c)(2): NH needs to add their 

equivalent of 35.390(b), i.e., 

4035.65(c), (d), and (e).

NH needs to make sure that (c)(2)b. 

is considered part of required work 

experience. As written, it is 

structurally separate.

NH needs to add the equivalent of 

NRC footnote 2.

NH needs to make the changes 

indicated above to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.390.

16 4035.66

(a)-(c)

35.392 2002-2 B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities less 

than or equal to 1.22 

Gigabequerels (33 millicuries)

NH regulations are not essentially 

identical to 35.392 as follows:

a) NH needs to add the words

“requiring a written directive” after

the word “procedures” at the end

of the sentence in 4035.66(b).

b) NH needs to change the first

sentence in 4035.66(b)(2) to read

“Have work experience, under the

supervision of an authorized user

who meets the requirements in

He-P 4035.65, He-P 4035.66(a)
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

and (b), He-P 4035.66(d) and 

(e),...”. 

NH needs to make the above 

changes to meet the compatibility 

Category B designation assigned to 

10 CFR 35.392. 

COMMENT MODIFIED FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164); 

And

New Comment:

NH needs to check the structure of 

the regulation to ensure that the use 

and placement of “and” and “or” 

properly correspond to the NRC 

regulation.

17 4035.66

(d)-(i)

35.394 2002-2 B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities 

greater than 1.22 Gigabequerels 

(33 millicuries)

NH regulations are not essentially 

identical to 35.394 as follows:

a) NH needs to change the word

“user” to the word “under”

between the words “authorized”

and “He-P 4035.35” at the end of

the sentence in 4035.66(g).

b) In He-P 4035.66(i)(2), NH needs

to change “He-P 4035.66(g)” to

“He-P 4035.66(i)(4) – (i)(6) and

(j)”.

c) NH needs to change 4035.66(i)(4)

to remove the words “An

authorized user who does not

meet the requirements of He-P

4035.65(c) above,”.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164);

And

New Comment:

NH needs to add “He-P 4035.66(h) 

after 4035.66(g) in (d)(2).

18 4035.44(a) 35.406 2002-2 H&S Brachytherapy sources 

accountability

NH regulations do not contain the 

essential health and safety objectives 

of 35.406 as follows:

NH needs to add the word “research” 

between the words “human” and 

“subject” in 4035.44(a)(2).

NH needs to make the above change 

to meet the Category H&S 

designation assigned to 10 CFR 

35.406.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164)

19 4035.42 35.410 2002-2 H&S Safety precautions

NH regulations do not contain the 

essential health and safety objectives 

of 35.410 as follows:

a) NH needs to add the words 

“radiation safety” between the 

words “provide” and “instruction” 

in 4035.42(a).

b) NH needs to remove the words “in 

case of a dislodged source” at the 

end of 4035.42(c)(2).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.410.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164)

20 4035.68 35.590 2002-2 B Training for use of sealed sources 

for diagnosis

NH regulations are not essentially 

identical to 35.590 as follows:

NH needs to change the word 

“instruction” to the words “classroom 

and laboratory training” in 4035.68(b).

NH needs to make the above change 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

35.590.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164)

21 4035.54

(g)-(n)

35.633 2002-2 H&S Full calibration measurements on 

teletherapy units

In NH regulations 4035.54(n), the 

reference to 4035.53(g) should be 

corrected to read “4035.54(g)”. 

NH needs to make the change 

indicated above to meet the 

Compatibility Category H&S 

designation assigned to 10 CFR 

35.632.
22 4035.55

(a)-(e)

35.642 2002-2 H&S Periodic spot

-checks for 

teletherapy units

NH regulations do not contain the 

essential health and safety objectives 

of 35.642 as follows:

a) NH needs to add the word 

“written” between “ in accordance 

with” and “procedures established 

by ” to 4035.55(b).

b) NH needs to add parentheses 

around the words “restriction of 

source housing angulation or 

elevation, carriage or stand travel 

and operation of the beam on-off 

mechanism” in 4035.55(d)(2).

c) NH needs to replace the word 

“malfunctions” with “indicates the 

malfunction of any system” in 

4035(e).

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.642.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016 (ML16035A164)

23 4035.55

(p)-(u)

35.645 2002-2 H&S Periodic spot

-checks for gamma 

stereotactic radiosurgery units

NH regulations do not contain the 

essential health and safety objectives 

of 35.645 as follows:

a) In 4035.55(r), NH needs to 

replace “He-P 4035.55(o)(1)” with 

“He-P 4035.55(p)(1)”.

b) In 4035.55(s), NH needs to add 

the requirement for spot checks to 

ensure proper operation of 

radiation monitors used to indicate 
room exposures to the list of spot 

checks in this section.

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.645.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164)

24 4035.56

(a) and (b)

35.652 2002-2 H&S Radiation surveys

In 4035.56(b), NH needs to add the 

words “the unit or” between 

“compromise the radiation safety of” 

and “the source(s)”. 

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.652. 

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164)

25 4035.14 35.3045 2002-2 C Report and notification of a 

medical event

NH omits an equivalent regulation 

corresponding to 10 CFR

35.3045(g)(2).

NH needs to add the above regulation 

in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 35.3045.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016

(ML16035A164) 

And

New Comment:
NH regulation 4035.14(n) omits the

requirement that if a verbal 

notification is made, the licensee shall 

inform the individual, or responsible 

relative or guardian, that a written 

description of the event can be 

obtained from the licensee upon 

request as required by 10 CFR 

35.3045(e).

26 4035.38 35.3047 2002-2 C Report and notification of a dose to 

an embryo/fetus or a nursing child

In 4035.38(a), NH needs to include 

the words “or radiation from byproduct 

material” between “a result of an 

administration of byproduct material”

and “to a pregnant individual”. 

NH needs to make the above change 

in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 35.3047.

COMMENT STANDS FROM 

LETTER DATED APRIL 18, 2016 (ML16035A164)
EDITORIAL/TYPOGRAPHICAL COMMENTS

ON NEW HAMPSHIRE FINAL REGULATIONS

4035.64 35.290 2002-2 Training for imaging and 

localization studies

NH needs to change “elute” to 

“eluate”.

4035.69 35.490 2002-2 Training for use of manual 

brachytherapy sources

In (a)(1)b. NH needs to change 

“administering” to 

“administered”.

4035.53 35.630 2002-2 Dosimetry equipment

NH needs to add a period or 

some sort of punctuation 

between “4 years” and “eighteen 

to thirty months”. As written, it 

reads like one longer period of 

time.
2

STATE REGULATION STATUS

State: New Hampshire Tracking Ticket Number: 17-09

Date: 1/ 5 /2017

[# amendment(s) reviewed identified by a * at the 

beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1991-1 Safety Requirements for Radiographic Equipment

Part 34 

55 FR 843 

(Superceded by 1997-5)

01/10/1994 Final No Comments New Hampshire has adopted Final 

Regulations equivalent to RATS 

ID: 1997-5.

1991-2 ASNT Certification of Radiographers

Part 34

56 FR 11504 

(Superceded by 1997-5)

none Not Required Not Required New Hampshire has adopted Final 

Regulations equivalent to RATS 

ID: 1997-5.

1991-3 Standards for Protection Against Radiation

Part 20

56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 

57877; 58 FR 67657; 59 FR 41641; 60 FR 20183

01/01/1994 Final No Comments

1991-4 Notification of Incidents

Parts 20, 30, 31, 34, 39, 40 and 70

56 FR 64980;

10/15/1994 Final No Comments

1992-1 Quality Management Program and 

Misadministrations

Part 35

56 FR 34104

(Superceded by 2002-2)

01/27/1995 Final No Comments New Hampshire has adopted Final 

Regulations equivalent to RATS ID 

2002-2
3 

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1992-2 Eliminating the Recordkeeping Requirements for 

Departures from Manufacturer's Instructions

Parts 30 and 35

57 FR 45566

none Not Required Not Required These regulation changes are not 

required to be adopted for 

purposes of Compatibility.

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted 

areas and spill sites] 

Parts 30 and 40 

58 FR 39628

10/25/1996 Final No Comments

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators

Part 36

58 FR 7715

07/01/1996 Final

ML092710010

No Comments 

10/23/2009

ML092800057

1993-3 Definition of Land Disposal and Waste Site QA 

Program

Part 61

58 FR 33886

07/22/1996 Not 

Applicablei

Not Applicable New Hampshire does not have 

any licensees subject to these 

regulations. (See SECY-95-112)

1994-1 Self-Guarantee as an Additional Financial 

Mechanism

Parts 30, 40 and 70 

58 FR 68726; 59 FR 1618

none Not Required Not Required These regulation changes are not 

required to be adopted for 

purposes of Compatibility.

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards

Part 40

59 FR 28220

07/01/1997 Not Applicable Not Applicable New Hampshire does not have the 

authority to regulate this material 

under its Agreement.
4 

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1994-3 Timeliness in Decommissioning Material Facilities

Parts 30, 40 and 70 

59 FR 36026

08/15/1997 Final

ML061990609

No Comments 

08/10/2006

ML062220004

1995-1 Preparation, Transfer for Commercial Distribution, 

and Use of Byproduct Material for Medical Use

Parts 30, 32 and 35

59 FR 61767; 59 FR 65243; 60 FR 322

01/01/1998 Final No Comments 

02/1999

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment

Part 20

60 FR 7900

03/13/1998 Final No Comments 

08/1998

1995-3 Low-Level Waste Shipment Manifest Information 

and Reporting

Parts 20 and 61

60 FR 15649; 60 FR 25983

03/01/1998 Final No Comments 

08/1998

1995-4 Performance Requirements for Radiography 

Equipment

Part 34

60 FR 28323

(Superceded by 1997-5)

06/30/1998 Final No Comments New Hampshire has adopted Final 

Regulations equivalent to RATS 

ID: 1997-5.

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria

Parts 19 and 20

60 FR 36038

08/14/1998 Final No Comments
5 

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1995-6 Clarification of Decommissioning Funding 

Requirements

Parts 30, 40 and 70

60 FR 38235

11/24/1998 Final No Comments

1995-7 Medical Administration of Radiation and 

Radioactive Materials

Parts 20 and 35

60 FR 48623

(Superceded by 2002-2 and 2005-2)

10/20/1998 Final No Comments New Hampshire has not yet 

adopted Final Regulations 

equivalent to RATS ID 2005-2. 

They have adopted Final 

Regulations to RATS ID 2002-2..

1996-1 Compatibility with the International Atomic Energy 

Agency

Part 71

60 FR 50248; 61 FR 28724

(Superceded by 2004-1)

04/01/1999 Final No Comments New Hampshire has adopted Final 

Regulations to RATS ID 2004-1 

1996-2 One Time Extension of Certain Byproduct, Source 

and Special Nuclear Materials Licenses

Parts 30, 40 and 70

61 FR 1109

02/15/1999 Not Required Not Required These regulation changes are not 

required to be adopted for 

purposes of Compatibility.

1996-3 Termination or Transfer of Licensed Activities: 

Record keeping Requirements

Parts 20, 30, 40, 61 and 70

61 FR 24669

06/17/1999 Final

ML061990609

No Comments 

08/10/2006

ML062220004

1997-1 Resolution of Dual Regulation of Airborne 

Effluents of Radioactive Materials; Clean Air Act

Part 20

61 FR 65120

01/9/2000 Final

ML061990609

No Comments 

08/10/2006

ML062220004
6

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1997-2 Recognition of Agreement State Licenses in 

Areas Under Exclusive Federal Jurisdiction Within 

an Agreement State

Part 150

62 FR 1662

02/27/2000 Final

ML061990609

No Comments 

08/10/2006

ML062220004

1997-3 Criteria for the Release of Individuals 

Administered Radioactive Material

Parts 20 and 35

62 FR 4120

05/29/2000 R2

ML12171A302

License 

Condition

ML12171A302

Proposed

ML12341A216

Final

ML16035A295

No Comments

07/24/2012

ML12200A082

No Comments

07/24/2012

ML12200A082

Comments

03/28/2013

ML13035A121

No Comments

04/18/2016

ML16035A164

Part 35 only

1997-4 Fissile Material Shipments and Exemptions

Part 71

62 FR 5907

(Superceded by 2004-1)

02/10/2000 Not Required Not Required These regulation changes are not 

required to be adopted for 

purposes of Compatibility. (See 

STP-97-078)
7 

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1997-5 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography 

Operations

Parts 30, 34, 71 and 150

62 FR 28947

06/27/2000 Final No Comments

1997-6 Radiological Criteria for License Termination

Parts 20, 30, 40 and 70

62 FR 39057

08/20/2000 Final

ML061990609

No Comments 

08/10/2006

ML062220004

1997-7 Exempt Distribution of a Radioactive Drug 

Containing One Micro curie of Carbon-14 Urea

Part 30 

62 FR 63634

01/02/2001 Final No Comments

1998-1 Deliberate Misconduct by Unlicensed Persons

Parts 30, 40, 61, 70, 71 and 150

63 FR 1890; 63 FR 13773

02/12/2001 Final

ML061990609

No Comments 

08/10/2006

ML062220004

1998-2 Self-Guarantee of Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing Licensees

Parts 30, 40 and 70

63 FR 29535

07/01/2001 Not Required Not Required These regulation changes are not 

required to be adopted for 

purposes of Compatibility.

1998-3 License Term for Medical Use Licenses

Part 35

63 FR 31604

(Superceded by 2002-2)

07/10/2001 Not Required Not Required These regulation changes are not 

required to be adopted for 

purposes of Compatibility. (See 

STP-98-074)
8 

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic 

Operations

Part 34

63 FR 37059

07/09/2001 Final

ML073040535

License 

Condition

ML082660012

Comments

11/20/2007

ML073240267

No Comments

10/07/2008

ML082730093

1998-5 Minor Corrections, Clarifying Changes, and a 

Minor Policy Change

Parts 20, 32, 35, 36 and 39

63 FR 39477; 63 FR 45393

10/26/2001 Final

ML061990609

No Comments 

08/10/2006

ML062220004

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment

Part 20

63 FR 50127

11/20/2001 Final

ML061990609

No Comments 

08/10/2006

ML062220004

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities

Part 40

64 FR 17506

06/11/2002 Not Applicable Not Applicable New Hampshire does not have 

authority to regulate this material 

under its Agreement.

1999-2 Requirements for Those Who Possess Certain 

Industrial Devices Containing Byproduct Material 

to Provide Requested Information

Part 31

64 FR 42269

10/04/2002 Not Required Not Required These regulation changes are not 

required to be adopted for 

purposes of Compatibility.
9

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure

Part 20

64 FR 54543; 64 FR 55524

02/02/2003 Final

ML061990609

No Comments 

08/10/2006

ML062220004

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications

Part 39

65 FR 20337

05/17/2003 Final

ML042720491 

ML042660535

No Comments 

10/25/2004

ML043010014

2000-2 New Dosimetry Technology

Parts 34, 36 and 39

65 FR 63750

01/08/2004 License 

Condition

ML042720491

ML042660535

No Comments 

10/25/2004

ML043010014

2001-1 Requirements for Certain Generally Licensed 

Industrial Devices Containing Byproduct Material

Parts 30, 31 and 32

65 FR 79162

02/16/2004 R2

ML14093A273

Comments 

07/24/2014

ML14093A168

2002-1 Revision of the Skin Dose Limit 

Part 20

67 FR 16298

04/05/2005 Final

ML061990609

No Comments 

08/10/2006

ML062220004
10

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

2002-2 Medical Use of Byproduct Material

Parts 20, 32 and 35

67 FR 20249

10/24/2005 Proposed

ML12341A216

Proposed

ML14093A273

Final

ML16035A295

Comments

03/28/2013

ML13035A121

Comments

07/24/2014

ML14093A168

Comments

04/18/2016

ML16035A164

Part 35 only

Part 20 and 32

2003-1 Financial Assurance for Materials Licensees

Parts 30, 40 and 70 

68 FR 57327

12/03/2006 License 

Condition

ML083390515

No Comments

12/19/2008

ML083460317

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety 

Amendments 

Part 71

69 FR 3697

10/01/2007 License 

Condition 

ML083390515 

Proposed

ML092600622

No Comments 

12/19/2008 

ML083460317 

Comments

11/20/2009

ML092960157

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material 

Part 30

70 FR 2001

07/11/2008 License 

Condition

ML073040537

No Comments 

11/26/2007

ML073300061
11

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

2005-2 Medical Use of Byproduct Material - Recognition 

of Specialty Boards 

Part 35

70 FR 16336; 71 FR 1926

04/29/2008 Proposed

ML12341A216

Comments

03/28/2013

ML13035A121

Part 35 only

2005-3 Increased Controls for Risk-Significant 

Radioactive Sources (NRC Order EA-05-090)

70 FR 72128

12/01/2005 License 

Condition

ML053190108

No Comments 

11/17/2005

ML053220519

2006-1 Minor Amendments

Parts 20, 30, 32, 35, 40 and 70

71 FR 15005

03/27/2009 Proposed

ML12341A216

Proposed

ML14093A273

Comments

03/28/2013

ML13035A121

Comments 

07/24/2014

ML14093A168

Part 35 only

Parts 20, 30, 32, 40, & 70

2006-2 National Source Tracking System - Serialization 

Requirements

Part 32 with reference to Part 20 Appendix E

71 FR 65685

02/06/2007 License 

Condition

ML092860062

Proposed

ML14093A273

No Comments

11/03/2009

ML092870528

No Comments 

07/24/2014

ML14093A168
12

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

2006-3 National Source Tracking System 

Part 20

71 FR 65685, 72 FR 59162 

01/31/2009 License 

Condition

ML083370040

Proposed

ML14093A273

No Comments

12/17/2008

ML083390033

Comments 

07/24/2014

ML14093A168

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications

Parts 32 and 35

72 FR 45147, 54207

10/29/2010 Proposed

ML12341A216

Proposed

ML14093A273

Comments

03/28/2013

ML13035A121

Comments 

07/24/2014

ML14093A168

Part 35 

Part 32

2007-2 Exemptions From Licensing, General Licenses, 

and Distribution of Byproduct Material: Licensing 

and Reporting Requirements

Parts 30, 31, 32 and 150

72 FR 58473

12/17/2010 Proposed

ML14093A273

Comments 

07/24/2014

ML14093A168

2007-3 Requirements for Expanded Definition of 

Byproduct Material

Parts 20, 30, 31, 32, 33, 35, 61 and 150

72 FR 55864

11/30/2010 Proposed

ML12341A216

Proposed

ML14093A273

Comments

03/28/2013

ML13035A121

Comments 

07/24/2014

ML14093A168

Part 35 only

Parts 20, 30, 31, 32, 33, 61, and

150
13

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for 

Unescorted Access to Certain Radioactive 

Material

NRC Order EA-07-305

72 FR 70901

06/05/2008 License 

Condition

ML081270603 

ML081350723

No Comments

05/14/2008

ML081350459

2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent

Parts 19 and 20

72 FR 68043

02/15/2011 Proposed

ML14093A273

No Comments 

07/24/2014

ML14093A168

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification

Part 35

74 FR 33901

09/28/2012 Proposed

ML12341A216

Comments

03/28/2013

ML13035A121

Part 35 only

2011-1 Decommissioning Planning

Parts 20, 30, 40 and 70

76 FR 35512

12/17/2015 Proposed

ML14093A273

No Comments 

07/24/2014

ML14093A168

Parts 20, 30, 40 and 70

2011-2 Licenses, Certifications, and Approvals for 

Materials Licensees 

Parts 30, 36, 39, 40, 70 and 150

76 FR 56951

11/14/2014 Proposed

ML14325A633

Comments

12/31/2014

ML14342A832

2012-1 Change of Compatibility of 

10 CFR 31.5 and 31.6

(See RATS ID: 2001-1 for Rule text)

77 FR 3640

01/25/2015 Proposed

ML14093A273

Comments 

07/24/2014

ML14093A168
14

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

2012-2 Advance Notification to Native American Tribes of 

Transportation of Certain Types of Nuclear Waste

Part 71

77 FR 34194

08/10/2015 Proposed

ML15042A534

Comments

03/10/2015

ML15042A264

Note: NH incorporated Part 71 by 

reference. Comments were 

related to provisions that were not 

part of the RATS ID

2012-3 Technical Corrections

Parts 30, 34, 40 and 71

77 FR 39899

08/06/2015 Proposed

ML15099A764

No Comments

05/13/2015

ML15099A761

2012-4 Requirements for Distribution of Byproduct 

Material

Parts 30, 31, 32, 40 and 70

77 FR 43666

10/23/2015 Proposed

ML15133A476

Comments

06/04/15

ML15159A989

2013-1 Physical Protection of Byproduct Material, 

Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 

78 FR 16922

03/19/2016 Proposed

ML15303A132

License 

Condition

ML16057A038

Final

ML16179A110

Comments

11/30/2015

ML15303A124

No Comments

03/01/16

ML16057A035

Comments

07/27/16

ML16179A097

Part 37 only

All Parts

2013-2 Distribution of Source Material to Exempt Persons 

and to General Licensees and Revision of 

General License and Exemptions

Parts 30, 40 and 70

78 FR 32310

08/27/2016
15

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Letter

Outgoing 

Package

Notes

2015-1 Domestic Licensing of Special Nuclear Material – 

Written Reports and Clarifying Amendments

Part 70

79 FR 57721, 80 FR 143

01/26/2018

2015-2 Safeguards Information - Modified Handling 

Categorization, Change for Materials Facilities

Parts 30, 37, 73 and 150

79 FR 58664, 80 FR 3865

01/28/2018

2015-3 Revisions to Transportation Safety Requirements 

and Harmonization with International Atomic 

Energy Agency Transportation Requirements

Part 71

80 FR 33987

07/13/2018

2015-4 Miscellaneous Corrections, 

Parts 37 and 40

80 FR 45841

09/02/2018

2015-5 Miscellaneous Corrections, 

Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150

80 FR 74974

12/31/2018

i

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

2 R means proposed revision to a final rule