August 10, 2006

Dennis P. O’Dowd, Chief

Radiological Health Bureau

Department of Health and Human Services

29 Hazen Drive

Concord, NH 03301-6504

Dear Mr. O’Dowd:

We have reviewed the final revision to the New Hampshire Rules for the Control of Radiation,

Administrative Code He-P 4000, received by our office via e-mail on July 12, 2006. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 20, 30, 31, 32, 35, 36, 40, 61, 70, 71, 150 and the requirements of

the 11 amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with you on August 9, 2006.

Our review included a specific review of sections to CFR Parts 31.5 and 31.6. The text of these

sections was not revised by the GL amendment, but the compatibility designations were

changed from Compatibility Categories C and D, respectively, to Category B. As noted in All

Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will continue to

review Agreement State GL Device proposed and final rules but will hold in abeyance any

determination on those rules and compatibility of those rules, if the Agreement State has the

essential elements of the NRC’s rule and is more restrictive than the NRC’s rule. For

Agreement States without a GL Device rule or a GL Device rule less restrictive than the NRC

rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

As a result of our review of the New Hampshire GL device rule against the Compatibility

Category B designation, we have two comments that has been identified in the enclosure. This

comment indicates that the State’s regulation is more restrictive than the NRC’s rule and there

is no corrective action required for this comment at this point.

As a result of our review of the other rules, we have no additional comments. Please note that

we have limited our review to regulations required for compatibility and/or health and safety. 

We have determined that these regulations meet the compatibility and health and safety

categories established in the Office of State and Tribal Programs (STP)Procedure SA-200.

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 STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

Dennis P. O’Dowd, Chief -2- August 10, 2006
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 Jenny

Tobin at (301)415-2328 or by e-mail at jct1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Dennis P. O’Dowd, Chief -2- August 10, 2006

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 Jenny

Tobin at (301)415-2328 or by e-mail at jct1@nrc.gov.

Sincerely,

RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution:

DIR RF (6-196) Sunsi Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

AJones, RSAO : Non-Sensitive G Sensitive

DWhite, ASPO JTobin New Hampshire File

DOCUMENT NAME: E:\Filenet\ML062220004.wpd 

ML of Incoming Document:ML061990609

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 STP OGC STP:DD

NAME JTobin STreby KNSchneider for DKRathbun

DATE 7/20/06* 8/08/06* 8/10/06*

ML062220004 OFFICIAL RECORD COPY ML062220003Pkg.
COMPATIBILITY COMMENTS ON NEW HAMPSHIRE PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 He-P

4031.04(b)

31.5(b)(2) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere 

The New Hampshire regulations use

the word “fixed.” This language is

more restrictive in that it prohibits the

general licensing of portable devices

that is authorized under 31.5(b)(2) of

the NRC regulations. In addition, the

following sections will also need

revision to be consistent to allow the

general licensing of portable devices:

He-P 4031.04 (e)(14), (15), (16), and

(17).

New Hampshire’s rule has the

essential elements of the NRC, but is

more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

petition and State of Florida’s request

on compatibility changes for the GL

rule.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

2 He-P 4031.04 31.5(c)(13)(iv) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere 

The New Hampshire regulations do

not include a 180-day exception in its

registration requirements. This

language is more restrictive in that it

requires registration regardless of the

amount of time spent in a State under

31.5(c)(13)(iv) of the NRC

regulations. 

New Hampshire’s rule has the

essential elements of the NRC, but is

more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

petition and State of Florida’s request

on compatibility changes for the GL

rule.
STATE REGULATION STATUS

State: New Hampshire[11 # amendments reviewed identified by a i at the Tracking Ticket N

beginning of the equivalent NRC Requirement] Date: August 10, 2006

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

LicenseCondition (LML #5

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 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; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F Eliminating the Recordkeeping Requirements for Departures fromManufacturer's Instructions-Parts 30,35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 LC

ML

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-Part 40

59 FR 28220; (7/1/97) 1994-2 

iTimeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F

ML061990609
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

LicenseCondition (LML #5

Preparation, Transfer for Commercial Distribution, and Use of ByproductMaterial for Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment-Part 20 

60 FR 7900; (3/13/98) 1995-2 F 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20,61

60 FR 15649; 60 FR 25983(3/1/98)

1995-3 F 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F Radiation Protection Requirements: Amended Definitions and CriteriaParts 19, 20 60 FR 36038; (8/14/98) 1995-5 F Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F 10 CFR Part 71: Compatibility with the International Atomic EnergyAgency-Part 71

60 FR 50248; 61 FR 28723(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

iTermination or Transfer of Licensed Activities: RecordkeepingRequirements-Parts 20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F

ML061990609

iResolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML061990609

iRecognition of Agreement State Licenses in Areas Under ExclusiveFederal Jurisdiction Within an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F 

ML061199060

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

LicenseCondition (LML #5

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirementsfor Industrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 F 

iRadiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 F

ML061990609

Exempt Distribution of a Radioactive Drug Containing One Microcurie ofCarbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F 

iDeliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71,150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1 F

ML061990609

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- Parts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirementsfor Industrial Radiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4

iMinor Corrections, Clarifying Changes, and a Minor Policy Change-Parts20, 35, 36

63 FR 39477; 63 FR 45393(10/26/01)

1998-5 F

ML061990609

iTransfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 F

ML061990609

Radiological Criteria for License Termination of Uranium RecoveryFacilities-Part 40

64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial DevicesContaining Byproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

iRespiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55525

(2/2/03)

1999-3 F

ML061990609

Energy Compensation Sources for Well Logging and Other Regulatory 65 FR 20337; (5/17/03) 2000-1 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

LicenseCondition (LML #5

1. Or other generic Legally Binding Requirements.

Clarifications-Part 39 ML042720491

ML042660535ML042520322

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 LC

 ML042720491ML042660535ML042520322

iRequirements for Certain Generally Licensed Industrial DevicesContaining Byproduct Material-Parts 30, 31, 32

65 FR 79162 (2/16/04) 2001-1 F

ML061990609

iRevision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/04) 2002-1 F

ML061990609

Medical Use of Byproduct Material-Parts 20, 32 and 35 67 FR 20249; (10/24/05 2002-2Financial Assurance for Materials Licensees - Parts 30, 40 and 70 68 FR 57327; (12/3/06) 2003-1Compatibility with IAEA Transportation SafetyStandards and Other Transportation Safety Amendments - PART 71

69 FR 3697; (10/01/07) 2004-1

Security Requirements for Portable Gauges Containing Byproduct Material- Part 30

70 FR 2001; (7/11/08) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards -PART 35

70 FR 16336; 71 FR 1926 (4/29/08) 2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRC OrderEA-05-090)6

70 FR 72128; (12/1/05) 2005-3 LC

ML053190105

Minor Amendments - Part 20,30,32,35,40 and 70 71FR15005 (3/27/09) 2006-1
2. (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.

3. Not Required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to the regulation. See: “Final Policy Statemen

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 199

5. ADAMS ML Number.6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 day

binding requirements satisfying the requirements of NRC Order EA-05-090