June 13, 2008 

Dr. Adela Salame-Alfie, Acting Director 

Division of Environmental Health Investigations 

New York State Department of Health 

547 River Street 

Troy, NY 12180-2216 

Dear Dr. Salame-Alfie: 

We have reviewed the proposed changes to the New York State Department of Health 

regulations, Fingerprinting and Criminal Background Check Requirements, received by our 

office on June 2, 2008. These regulations were reviewed by comparison to the equivalent 

Nuclear Regulatory Commission Order EA-07-305 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 Steve Gavitt on June 12, 2008. 

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

Please note that we have limited our review to regulations required for compatibility and/or 

health and safety. Under our current procedure, a finding that the New York State Department 

of Health regulations meet the compatibility and health and safety categories of the equivalent 

NRC Order may only be made based on a review of the final New York State Department of 

Health regulations. However, we have determined that if your proposed regulations were 

adopted, 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 the proposed regulations are adopted and published as final regulations, 

a copy of the Aas published@ regulations be provided to us for review. As requested in FSME 

Procedure SA-201, AReview of State Regulatory Requirements,@ please highlight the final 

changes, 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 York State 

Department of Health 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://nrcstp.ornl.gov/rulemaking.html. 
Adela Salame-Alfie, Acting Director -2- June 13, 2008 

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: 

kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@nrc.gov). 

Sincerely, 

/ RA / 

James G. Luehman, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 
Adela Salame-Alfie, Acting Director -2- June 13, 2008 

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: 

kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@nrc.gov). 

Sincerely, 

/ RA / 

James G. Luehman, 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 (8-64) SUNSI Review Complete 

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

JKottan RSAO : Non-Sensitive G Sensitive 

MOrendi [NY] File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\STATES\NEW YORK\8-64\8-64.DOC 

 ML of Incoming Document: ML081540660 

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 BJones DWhite JLuehman

DATE 06/03/08* 06/03/08* 06/10/08* 06/13/08* 06/13/08* 

ML081640611 OFFICIAL RECORD COPY
 COMPATIBILITY COMMENTS ON NEW YORK STATE DOH PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 16.112(c)(1) EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material

In 16.112(c)(1) New York uses the 

words “a notarized certification”. 

These words should be replaced with 

“under oath and affirmation a 

certification”. 

New York needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to Order EA-07-305. 

2 16.112(c)(3) EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material 

In 16.112(c)(3) New York states “In 

addition to the notifications in 

paragraphs 2 and 3 above...”. This is 

a wrong citation and should read “In 

addition to the notifications in 

paragraphs 1 and 2 above ...”. 

New York needs to make the above 

change to 16.112(c)(3) in order to 

meet the Compatibility Category B 

designation assigned to Order EA-07-

305. 

3 N/A EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material

New York omits an essentially 

identical equivalent to paragraph B.1 

of NRC Order EA-07-305. 

New York needs to add an essentially 

identical equivalent to NRC Order EA07-305 paragraph B.1 to 16.112 in 

order to meet the Compatibility 

Category B designation assigned to 

Order EA-07-305. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

4 16.112(d) EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material

In 16.112(d) New York states “... in 

accordance with its license conditions 

before making...”. New York needs to 

be more specific and state”... in 

accordance with its Increased 

Controls license conditions before 

making...”. 

New York needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to Order EA-07-305. 

5 16.112(f) EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material

In 16.112(f) New York states “... as 

specified in subsection (j) of this 

section.”. The end of this sentence 

should read “... as specified in 

subsection (l) of this section and its 

Increased Controls license 

conditions.”. 

New York needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to Order EA-07-305. 

6 N/A EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material

New York omits essentially identical 

equivalents to Order EA-07-305 

paragraphs F.1 and F.2. 

New York needs to add essentially 

identical equivalents to paragraphs 

F.1 and F.2 in order to meet the 

Compatibility Category B designation 

assigned to Order EA-07-305. 

 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

7 16.112(i)(1) EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material 

In 16.112(i)(1) New York states “... as 

part of its trustworthiness and 

reliability determination required by its 

license conditions.”. The end of this 

sentence should read “... as part of its 

trustworthiness and reliability 

determination required by its 

Increased Controls license 

conditions.”. 

New York needs to make the above 

change to 16.112(i)(1) in order to 

meet the Compatibility Category B 

designation assigned to Order EA-07-

305. 

8 16.112(i)(3) EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material 

In 16.112(i)(3) New York omits “within 

the last five calendar years of the 

effective date of this regulation, or any 

person who has an active security 

clearance (provided in the later two 

cases they make available the 

appropriate documentation).”. 

New York needs to add the above 

phrase after the words “... involving 

fingerprinting and an FBI identification 

and criminal history records check,” in 

order to meet the Compatibility 

Category B designation assigned to 

Order EA-07-305. 

9 16.112(i)(5) EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material 

In 16.112(i)(5) New York states “... in 

conjunction with the trustworthiness 

and reliability requirements set forth in 

its license conditions, ...”. The end of 

this sentence should read “... in
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

conjunction with the trustworthiness 

and reliability requirements set forth in 

its Increased Controls license 

conditions, ...”. 

New York needs to make the above 

change to 16.112(i)(5) in order to 

meet the Compatibility Category B 

designation assigned to Order EA-07-

305. 

10 16.112 

Table 1 

EA-07-305 2007-4 B Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted 

Access to Certain Radioactive 

Material 

In 16.112 Table 1 New York omits the 

radionuclide Ra-226 and its quantities 

0.4TBq and 11Ci. 

New York needs to add Ra-226 and 

its respective quantities to 16.112 

Table 1 in order to meet the 

Compatibility Category B designation 

assigned to Order EA-07-305. 
STATE REGULATION STATUS

State: New York State Health Department Tra[1 amendment(s) reviewed is identified by a i Daat the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 NYSH

Regula1997-5

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required These 

requireCompa

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 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 

1992-1 Quality Management Program and Misadministrations 

Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 NYSH

Regula2002-2

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required These 

requireCompa

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1993-3 Definition of Land Disposal and Waste Site QA Program 

Part 61 58 FR 33886 

07/22/1996 

1994-1 Self-Guarantee as an Additional Financial Mechanism 

Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Not Required Not Required These 

requireCompa

1994-2 Uranium Mill Tailings Regulations: Conforming NRC 

Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable NYSH

regulaof the 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 

1995-1 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 

01/01/1998 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 

1995-3 Low-Level Waste Shipment Manifest Information and 

Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Not Applicable Not Applicable NYSH

regulaof the 

1995-4 Performance Requirements for Radiography Equipment 

Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 NYSH

Regula1997-5

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 

1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

1996-1 Compatibility with the International Atomic Energy Agency

Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

04/01/1999 

1996-2 One Time Extension of Certain Byproduct, Source and 

Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These 

requireCompa

1996-3 Termination or Transfer of Licensed Activities: Record 

keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 

1997-1 Resolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Not Applicable Not Applicable NYSH

regulaof the 

1997-2 Recognition of Agreement State Licenses in Areas Under 

Exclusive Federal Jurisdiction Within an Agreement StatePart 150 62 FR 1662 

02/27/2000 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Not Required Not Required These 

requireCompa

1997-5 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 

1997-7 Exempt Distribution of a Radioactive Drug Containing 

One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 License Condition 

ML080170561 

No Comments 03/20/2008 ML080800306 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 

1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit 

and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These 

requireCompa

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 

requireCompa

1998-4 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 

1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy 

Change Parts 20, 35, 36 63 FR 39477; 63 FR 45393 

10/26/2001 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Not Applicable Not Applicable NYSH

regulaof the 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable NYSH

regulaof the 

1999-2 Requirements for Those Who Possess Certain Industrial 10/04/2002 Not Required Not Required These 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

requireCompa

1999-3 Respiratory Protection and Controls to Restrict Internal 

Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 License Condition 

ML080170561 

Comments 03/20/2008 ML080800306 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 

2001-1 Requirements for Certain Generally Licensed Industrial 

Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 License Condition 

ML080170561 

No Comments 03/20/2008 ML080800306 

Part 35 stereo

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 

2004-1 Compatibility With IAEA Transportation Safety Standards 

and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML080170561 

Comments 03/20/2008 ML080800306 

2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

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 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition 

ML053120138 

No Comments 11/10/2005 ML053180041 

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 Not Applicable1 Not Applicable NYSH

FSMEhad no ML070

2006-3 National Source Tracking System 

Part 20 71 FR 65865, 72 FR 59162 

01/31/2009 

2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 

i2007-4 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 Proposed 

ML081540660 

Comments 06/13/2008 ML081640611 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2008-1 Occupational Dose Records, Labeling Containers, and 

Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 

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