November 20, 2007

Dennis P. O’Dowd, Administrator

Radiological Health Section

Division 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 regulations Part He-P 4034

“Radiation Safety Requirements for Industrial Radiographic Operations”, received by our office

on October 31, 2007. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Part 34 and the requirements of the

one amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with Twila Kenna on November 20, 2007.

As a result of our review, we have one comment that has been identified in the enclosure. 

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 Federal and State Materials and

Environmental Management Programs (FSME) Procedure SA-200.

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 FSME 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 Materials

Safety and State Agreements, FSME.

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 FSME website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

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 Kathleen

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or

Monica Orendi at (301) 415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By A.D. White For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

As stated
November 20 , 2007

Dennis P. O’Dowd, Administrator

Radiological Health Section-Division 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 regulations Part He-P 4034

“Radiation Safety Requirements for Industrial Radiographic Operations”, received by our office

on October 31, 2007. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Part 34 and the requirements of the

one amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with Twila Kenna on November 20, 2007.

As a result of our review, we have one comment that has been identified in the enclosure. 

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 Federal and State Materials and

Environmental Management Programs (FSME) Procedure SA-200.

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 FSME 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 Materials

Safety and State Agreements, FSME. 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 FSME website: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

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 Kathleen

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or

Monica Orendi at (301) 415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By A.D. White For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

Distribution:

DIR RF (7-83) [NH] File SUNSI Review Complete

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

DJanda, RSAO : Non-Sensitive G Sensitive

DOCUMENT NAME: C:\FileNet\ML073240267.wpd ML of Incoming Document: ML073040535

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 SAISB SAISB OGC SAIS:BC MSSA:DD

NAME MOrendi KSchneider FCameron DWhite RLewis

DATE 11/05/07* 11/05/07* 11/19/07* 11/20/07* 11/20/07*

M073240267 OFFICIAL RECORD COPY MLPKG073240281
COMPATIBILITY COMMENTS ON NEW HAMPSHIRE FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 He-P 4034.17 34.43 1998-4 B Training:

New Hampshire’s regulation allows

radiographers assistants to

demonstrate an understanding of

items in He-P 4034.17(c)(1) by

successful completion of a “written or

oral examination” in He-P

4034.17(c)(2). 10 CFR 34.43 does

not allow the option of an oral exam

for radiographers assistants.

New Hampshire needs to remove the

option for an oral exam from He-P

4034.17(c)(2) in order to meet the

Compatibility Category B designation

assigned to 10 CFR 34.43.
STATE REGULATION STATUS

State: New Hampshire[ 1 Amendment reviewed is identified by a i at the Tracking Tibeginning of the equivalent NRC Requirement] Date: Nove

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: DocumentationAdditions [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

ML042250160

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 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

LicenseCondition (LML #5

ML061990609 

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 Criteria-Parts 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 Energy Agency-Part71

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 

Termination or Transfer of Licensed Activities: Recordkeeping RequirementsParts 20, 30, 40, 61, 70 61 FR 24669; (6/17/99) 1996-3 FML061990609 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials;Clean Air Act-Part 20

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

ML061990609

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

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

ML061199060

Criteria for the Release of Individuals Administered Radioactive Material- 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

Parts 20, 35Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiography Operations-Parts 30, 34, 71, 150

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

Radiological 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 

Deliberate 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 iLicenses for Industrial Radiography and Radiation Safety Requirements for

Industrial Radiographic Operations-Part 34

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

ML073040535

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35,36

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

1998-5 F

ML061990609

Transfer for Disposal and Manifests: Minor Technical Conforming AmendmentPart 20 63 FR 50127; (11/20/01) 1998-6 FML061990609 Radiological Criteria for License Termination of Uranium Recovery FacilitiesPart 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

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

(2/2/03)

1999-3 F

ML061990609
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

LicenseCondition (LML #5

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F

ML042720491ML042660535

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

 ML042720491ML042660535

Requirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material-Parts 30, 31, 32

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

ML061990609

Revision 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) 2005-2Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6

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

ML

Minor Amendments - Part 20,30,32,35,40 and 70 71FR15005 (3/27/09) 2006-1National Source Tracking System - Serialization Requirements - Part 32 withreference to Part 20 Appendix E

71 FR 65685 (2/6/07) 2006-2
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.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 State

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

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 

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

National Source Tracking System - Part 20 71 FR 65865 72 FR 59162 

(01/31/09)

2006-3

Medical Use of Byproduct Material - Minor Corrections and Clarifications - Parts32 and 35

72 FR 45147, 54207 (10/29/10) 2007-1