January 11, 2013 

Gene Miskin, Director 

Office of Radiological Health 

Department of Health and Mental Hygiene 

22 Cortlandt Street, 34th Floor 

New York, NY 10007 

Dear Mr. Miskin: 

We have reviewed the proposed changes to the New York City Radiological Health regulations, 

Article 175 “Radiation Control” received by our office on November 20, 2012. These regulations 

were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 

10 CFR Parts 20, 30, 31, 32, 33, 35, 61, 150 and the requirements of the two amendments 

identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review 

of the regulations with Tobias Lickerman on January 4, 2013. 

As a result of our review, we have 12 comments that have been identified in the enclosures. 

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 City regulations 

meet the compatibility and health and safety categories of the equivalent NRC regulation may 

only be made based on a review of the final New York City 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, “Compatibility Categories and Health and

Safety Identification for NRC Regulations and Other Program Elements.” 

We request that when the proposed regulations are adopted and published as final regulations, 

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 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 City 

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://nrc-stp.ornl.gov/rulemaking.html. 

 
G. Miskin -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 Kathleen 

Schneider, State Regulation Review Coordinator at (301) 415-2320 

(kathleen.schneider@nrc.gov) or Monica Orendi at (610) 337-5214 (monica.orendi@nrc.gov). 

Sincerely, 

/RA/ 

Pamela J. Henderson, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

1. New York City SRS Data Sheet 

2. Compatibility Comments
G. Miskin -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 Kathleen 

Schneider, State Regulation Review Coordinator at (301) 415-2320 

(kathleen.schneider@nrc.gov) or Monica Orendi at (610) 337-5214 (monica.orendi@nrc.gov). 

Sincerely, 

Pamela J. Henderson, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

1. New York City SRS Data Sheet 

2. Compatibility Comments 

Distribution: 

DIR RF (12-36) SUNSI Review Complete 

DCD (SP05) Publicly Available Non-Publicly Available 

DJanda, RSAO Non-Sensitive Sensitive 

MOrendi 

NYC File 

Incoming Document: ML12325A757 

OFFICE Rgn I ASPB OGC ASPB:BC MSSA:DD 

NAME MOrendi via email KSchneider BJones DWhite PHenderson 

DATE 12/20/12 12/21/12 01/03/13 01/09/13 01/11/13 

ML12338A244 OFFICIAL RECORD COPY Package ML12338A241
 COMPATIBILITY COMMENTS ON NEW YORK CITY PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 175.104(a) 20.2001(a)(4) 2007-3 C General requirements 

New York City (NYC) needs to insert 

“10 CFR” before “§§20.2002, 

20.2003” in 175.104(a)(1)(iv). 

NYC needs to make the above 

change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 20.2001(a)(4). 

2 175.104(a) 20.2008 2007-3 B Disposal of 11e.(3) and 11e.(4) 

byproduct material 

New York City (NYC) needs to insert 

“10 CFR” before “§§20.2006,” in 

175.104(a)(3)(i). 

NYC needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 20.2008. 

3 175.101 

(a)(1)(ii) 

30.3(a) 2007-3 C Activities requiring license 

NYC needs to make the following 

change to 175.101(a)(1)(ii): “... in 

accordance with the regulations of 10 

CFR” to “...in accordance with the 

regulations of Article 175.” 

NYC needs to make the above 

change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 30.3(a).

4 175.101 

(c)(3) 

30.15 2007-2 

2007-3 

B Certain items containing byproduct 

material 

NYC needs to make the following 

changes: 

a) NYC needs to remove 

175.101(c)(3)(i) from their 

regulations as proposed in the 

revisions to address RATS ID 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

2007-3. This additional language 

makes NYC’s regulation less 

restrictive than NRC’s regulation 

since 10 CFR 30.15 does not 

contain equivalent language. 

b) The proposed language for 

175.101(c)(3)(ii)(H) for RATS IDs 

2007-2 and 2007-3 are not 

identical. In RATS ID 2007-3, 

NYC needs to change “(1 mGy)” 

to “(1 uCi).” 

c) NYC needs to remove 

175.101(c)(3)(v) “Thermostat dials 

and pointers ...” This language 

has been removed from 10 CFR 

30.15 and by keeping the 

language NYC’s regulation is less 

restrictive. 

d) NYC lists incorrect units in 

175.101(c)(3)(vi). NYC needs to 

change “...37KBq (1mCi)...” to 

“...37kBq (1uCi)...” 

e) NYC Lists incorrect units in 

175.101(c)(3)(vii) [Electron tubes]. 

NYC needs to make the following 

changes: (vii)(B) “37kBq 

(1mCi)...” to “37kBq(1uCi)...”; 

(vii)(C) “185kBq (5mCi)...” to 

“185kBq (5uCi)...”; (vii)(D) 

“1.11MBq (30mCi)...” to “1.11MBq 

(30uCi)...”; (vii)(E) “185kBq 

(5mCi)...” to “185kBq (5uCi)...”; 

and (vii)(F) “1.11MBq (30mCi)...” 

to “1.11MBq (30uCi)...” 

f) NYC lists incorrect units in 

175.101(c)(3)(viii)(C). NYC needs 

to change “1.85kBq (0.05mCi) of 

americium-241” to “ 1.85kBq 

(0.05uCi) of americium-241.” 

g) NYC needs to delete 

175.101(c)(3)(ix) [Spark gap 

irradiators] from its regulations. 

NRC does not have equivalent 

text in 10 CFR 30.15 which makes 

NYC’s regulation less restrictive. 

NYC needs to make the above 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.15. 

5 175.101 

(c)(2) 

30.18 2007-2 

2007-3 

B Exempt quantities 

NYC needs to change the codification 

in the proposed amendment to 

implement RATS ID 2007-3 for 

30.18(b) from 175.101(c)(2)(iv)to 

175.101(c)(2)(v). NYC did not carry 

forth the 175.101(c)(2)(iv) changes 

proposed for RATS IDs 2007-2 into 

the revision for 2007-3. 

NYC needs to add equivalent 

regulation text to 10 CFR 30.18(b) to 

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

Compatibility Category B designation 

assigned to 10 CFR 30.18. 

6 175.101 

Appendix B 

30.71 2007-3 B Schedule B 

NYC proposed changes to NYC 

equivalent Appendix B to Part 30 – 

Quantities of Licensed Material 

Requiring Labeling does not address 

the changes required by RATS ID 

2007-3 to the equivalent NYC 

regulation to 10 CFR 30.71. Section 

30.71, Schedule B, is a similar, but 

separate requirement from Appendix 

B to Part 30. 10 CFR 30.71, 

Schedule B and Appendix B to Part 

30 are both designated as 

Compatibility Category B and both 

need to be adopted by NYC. 

Although many of the values are 

similar in the two tables, they are not 

identical. On review of NYC 175.101, 

there are no citations to Schedule B, 

only citations to Appendix B in 

sections that NRC has citations to 

Schedule B (the NYC equivalent to 10 

CFR 30.15 and 30.18). Note a review 

of the existing regulations found on 

the NYC website did not contain 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Appendix B to 175.101 for a complete 

review. NYC needs to submit both 

the equivalent NYC regulations to 

Schedule B, 10 CFR 30.71, Appendix 

B to Part 30 and the corresponding 

provisions in Part 30 that contain 

references to these tables for review 

to determine if these provisions have 

been adopted. 

NYC needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.71.

7 175.102 

(g)(4) 

31.5 2007-2 

2007-3 

C Certain detecting, measuring, 

gauging, or controlling devices and 

certain devices for producing light 

or an ionized atmosphere 

NYC needs to make the following 

changes: 

a) Change “32.51 of this chapter” to 

“10 CFR 32.51” in (ii)(A)(a) and 

(c). 

b) Change “in paragraph (a)” to “in 

paragraph (i)” in (4)(iii). 

c) Change “parts 30 and 32 of this 

chapter” to “10 CFR Parts 30 and 

32” in (iii)(C)(b) and (iii)(E). 

d) Change “by paragraph (c)(2) of 

this section” to “by paragraph 

(iii)(B) of this section” in (iii)(D)(a) 

and (b). 

e) Change “by paragraph (c)(3) of 

this section” to “by paragraph 

(iii)(C) of this section” in (iii)(D)(c). 

f) Change the location of where the 

report is furnished to from the 

NRC info to NYC info in, “20.1402 

of this chapter” to “10 CFR 

20.1402” and “as determined by 

the Commission” to “as 

determined by the agency” in 

(iii)(E). 

g) Change “part 110 of this chapter” 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

to “10 CFR Part 110” in (iii)(G). 

h) Change “paragraph (c)(7)” to 

“paragraph (iii)(G)”; “paragraph 

(c)(9)” to “paragraph (iii)(I)”; “parts 

30 and 32 of this chapter” to “10 

CFR Parts 30 and 32”; “or part 30” 

to “or 10 CFR Part 30”; and 

“under paragraph (c)(8)(iii)” to 

“under paragraph (iii)(H)(c)” in 

(iii)(H)(a). 

i) Change that the report needs to 

be furnished to the Agency not the 

NRC in (iii)(H)(b). 

j) Change (iii)(H)(c) to state that the 

licensee needs to obtain written 

Agency or Department approval 

(NYC) not NRC approval. 

k) Change “19 CFR” to “10 CFR” 

and change to have the report go 

to the Agency (NYC) not NRC in 

(iii)(I)(a). 

l) Change (iii)(K) references from 

NRC to Agency/Department 

(respond to written requests from 

the Agency). 

m) Changes in (iii)(M)(b): reference 

NYC’s fee regulations and not 

NRC’s. (Shall register the devices 

annually with NYC and pay the 

fee required by xxx NYC 

regulation). Change “request for 

registration received by the 

Commission” to “request for 

registration received by the 

Agency (NYC).” The information 

must be submitted to the Agency 

not NRC. Change “30.34 of this 

chapter” to “10 CFR 30.34.” 

n) Change references in (iii)(M)(c) 

from Commission to Agency/ 

Department (NYC). 

o) Change (iii)(M)(d) from “(c)(13)(i)” 

to “(iii)(M)(a)” and change 

“Commission” to “Agency (NYC).” 

p) Change (iii)(N) to have the 

licensee report mailing address 

changes to the Agency (NYC) not 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

to the NRC. 

q) Change (iii)(O) reference from 

“paragraph(c)(2)” to “paragraph 

(iii)(B).” 

NYC needs to make the above 

changes to 175.102(g)(4) in order to 

meet the Compatibility Category C 

designation assigned to 10 CFR 31.5. 

8 175.102 

(g)(9) 

31.12 2007-3 C General license for certain items 

and self-luminous products 

containing radium-226 

NYC needs to make the following 

changes to 175.102(g)(9): 

a) Insert “(iii)” after “(i), (ii)” in 

175.102(g)(9)(i). 

b) Change “...10 CFR parts 19, 20, 

and 21, and § 30.50 and 30.51” in 

175.102(g)(9)(ii) to list the 

corresponding NYC regulation 

sections. 

c) Change “Department or the NRC” 

to “Department and the NRC” in 

175.102(g)(9)(iii)(A). 

d) Change the 2nd (A) to (B) in 

175.102(g)(9)(iii). Change “§ 

20.2008 of this chapter” to either 

“10 CFR 20.2008” or to the 

equivalent NYC regulation. Also 

change “as otherwise approved 

by the NRC” to “as otherwise 

approved by the Department” in 

175.102(g)(9)(iii)(B). 

e) Change “...in accordance with 

part 110 of this chapter” to “in 

accordance with 10 CFR Part 

110” in 175.102 (g)(9)(iii)(C). 

f) Change “...a specific license 

issued under part 30 of this 

chapter” to “... a specific license 

issued under 175.101” in 

175.102(g)(9)(iii)(D). 

g) Change “... If the general licensee 

cannot provide the requested 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

information within the allotted 

time, it shall, within that same time 

period, request a longer period to 

supply the information by 

providing the Director of the Office 

of Federal and State Materials 

and Environmental Management 

Programs, by an appropriate 

method listed in § 30.6(a) of this 

chapter, a written justification for 

the request” to “...If the general 

licensee cannot provide the 

requested information within the 

allotted time, it shall, within that 

same time period, request a 

longer period to supply the 

information by providing the 

Department or the Director of the 

Office of Federal and State 

Materials and Environmental 

Management Programs a written 

justification for the request” in 

175.102(g)(9)(iii)(E). 

NYC needs to make the above 

changes in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 31.12.

9 175.102 

(g)(5) 

(ii)(D) 

32.59 2007-3 B Same: Leak testing of each source 

NYC needs to insert “10 CFR” before 

“§32.57” in 175.102(g)(5)(ii)(D). 

NYC needs to change “...under § 

31.8 of this chapter or equivalent 

regulations of an Agreement State” to 

“... under 10 CFR 31.8 or equivalent 

regulations of an Agreement State” in 

175.102(g)(5)(ii)(D). 

NYC needs to make the above 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 32.59.

10 175.103 35.100 2007-3 H&S Use of unsealed byproduct 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

(d)(1) material for uptake, dilution, and 

excretion studies for which a 

written directive is not required 

NYC lists an incorrect reference in 

175.103(d)(1). The current reference 

listed is “175.103(e)” however this is 

not equivalent to 10 CFR 35.40. This 

reference needs to be corrected to 

read “175.103(b)(6).” 

NYC needs to make the above 

change in order to meet the Category 

H&S designation assigned to 10 CFR 

35.100.

11 175.103 

(d)(2) 

35.200 2007-3 H&S Use of unsealed byproduct 

material for imaging and 

localization studies for which a 

written directive is not required. 

NYC lists an incorrect reference in 

175.103(d)(2). The current reference 

listed is “175.103(e)” however this is 

not equivalent to 10 CFR 35.40. This 

reference needs to be corrected to 

read “175.103(b)(6).” 

NYC needs to make the above 

change in order to meet the Category 

H&S designation assigned to 10 CFR 

35.200.

12 175.101 

(m)(3) 

150.20 2007-2 C Recognition of Agreement State 

licenses. 

NYC does not regulate reciprocity. 

This is a function delegated to New 

York State Department of Health 

(NYSDOH). All reciprocity requests 

whether to work inside the City’s 

jurisdiction or not are processed and 

fall under the rules of NYSDOH. NYC 

is currently proposing to adopt NRC’s 

rule text which requires those filing for 

reciprocity to file with NRC instead of 

NYSDOH and allows for reciprocity 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

work to be done a maximum of 180 

days per calendar year when 

NYSDOH’s rule specifies no more 

than 30 days per calendar year. 

NYC needs to reference NYSDOH’s 

rule equivalent to NRC’s 150.20 

instead of NRC’s 10 CFR 150.20 rule 

language in 175.101(m)(3) in order to 

meet the Compatibility Category C 

designation assigned to 10 CFR 

150.20 
STATE REGULATION STATUS

State: New York City Department of Health 

Tracking Ticket Number: 12-36 

[ 2 amendment(s) reviewed is identified by a i Date: January 9, 2013 at 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 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1991-2 ASNT Certification of Radiographers 

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

none Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. 

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 

10/14/1997 

1991-4 Notification of Incidents 

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

10/15/1994 Final 

ML113040041 

Comments 12/05/2011 ML113110368 

1992-1 Quality Management Program and 

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

01/27/1995 

1992-2 Eliminating the Recordkeeping Requirements 

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

none Not Required Not Required These regulation changes are not required to be adopted for purposes 

of Compatibility. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1993-1 Decommissioning Recordkeeping and License 

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

10/25/1996 Final 

ML112260003 

No Comments 09/22/2011 ML112450346 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

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 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 NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

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 (Part 35 Requirements Superceded by 2002-2)

01/01/1998 Not Applicable Not Applicable NYCDH has adopted final 

regulations equivalent to RATS IDs: 2002-2 and 2005-2. NYCDH does not have authority for the Part 32 activity under its portion of the Agreement 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

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 NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1995-4 Performance Requirements for Radiography 

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

06/30/1998 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 

ML070290581 

No Comments 02/23/2007 ML070520527 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

1995-7 Medical Administration of Radiation and Radioactive 

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

10/20/1998 NYCDH has adopted final 

regulations equivalent to RATS IDs: 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 Proposed No Comments 

02/09/1999 

NYCDH has adopted final regulations equivalent to RATS ID: 2004-1. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 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, 70 61 FR 24669 

06/17/1999 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

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 NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

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 

ML070290581 

No Comments 02/23/2007 ML 070520527 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 

ML100120050 

Comments 03/08/2010 ML100330046 

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) 

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 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 
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 Final 

ML070290581 

No Comments 02/23/2007 ML070520527 

1997-7 Exempt Distribution of a Radioactive Drug 

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

01/02/2001 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1998-1 Deliberate Misconduct by Unlicensed Persons 

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

02/12/2001 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

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 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) 

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

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

Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 

10/26/2001 

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment Part 20 

11/20/2001 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

63 FR 50127 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the 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. 

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML061290502 

No Comments 06/01/2006 ML061530099 

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML100050662 

No Comments 03/08/2010 ML100321001 

2001-1 Requirements for Certain Generally Licensed 

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

02/16/2004 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML061290502 

No Comments 06/01/2006 ML061530099 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 

10/24/2005 Final 

ML111390264 

Comments 07/07/2011 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

67 FR 20249 ML111580570 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML092010319 

No Comments 08/17/2009 ML092100446 

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML092010319 

Comments 08/17/2009 ML092100446 

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 70 FR 2001 

07/11/2008 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML111390264 

Comments 07/07/2011 ML111580570 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License 

Condition ML052910113 

No Comments 10/20/2005 ML052940009 

2006-1 Minor Amendments 

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

03/27/2009 Final 

ML111390264 

Comments 07/07/2011 ML111580570

2006-2 National Source Tracking System - Serialization 

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

02/06/2007 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

2006-3 National Source Tracking System 

Part 20 

01/31/2009 License 

Condition 

No Comments 01/22/2009 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

71 FR 65685, 72 FR 59162 ML090080848 ML090120617 

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Final 

ML111390264 

Comments 07/07/2011 ML111580570 

*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 Proposed 

ML12325A757 

Comments 01/11/2013 ML12338A241 

*2007-3 Requirements for Expanded Definition of Byproduct 

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

11/30/2010 Proposed 

ML12325A757 

Comments 01/11/2013 ML12338A241 

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 Final 

ML092010319 

No Comments 08/17/2009 ML092100446 

2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification Part 35 74 FR 33901 

09/28/2012 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2011-2 Licenses, Certifications, and Approvals for Materials 

Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 

11/14/2014 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement 

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 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement 

2012-2 Advance Notification to Native American Tribes of 

Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 

08/10/2015 

2012-3 Technical Corrections 

Part 30, 34, 40 and 70 77 FR 39899 

08/06/2015 

2012-4 Requirements for Distribution of Byproduct Material 

Parts 30, 31, 32, 40 and 70 77 FR 43666 

10/23/2015