March 28, 2013 

Dr. Augustinus Ong, Administrator 

Radiological Health Section 

Division of Public Health Services 

Department of Health and Human Services 

29 Hazen Drive 

Concord, NH 03301-6504 

Dear Dr. Ong: 

We have reviewed the proposed changes to the New Hampshire regulations to Part He-P 4035 

of the New Hampshire Rules for the Control of Radiation (NHRCR), received by our office on 

December 7, 2012. These regulations were reviewed by comparison to the equivalent Nuclear 

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 35, 16, 150 and the 

requirements of the seven amendments identified in the enclosed State Regulation Status 

(SRS) Data Sheet. We discussed our review of the regulations with you on March 22, 2013.

As a result of our review, we have 58 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 Hampshire 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 Hampshire regulations. However, we have 

determined that if the proposed regulations that we reviewed 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 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://nrc-stp.ornl.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 Kathleen Schneider 

State Regulation Review Coordinator, at (301) 415-2320 (kathleen.schneider@nrc.gov) or 

Stephen Poy at (301) 415-7135 (stephen.poy@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 Hampshire SRS Data Sheet 

2. Compatibility Comments
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 Kathleen Schneider 

State Regulation Review Coordinator, at (301) 415-2320 (kathleen.schneider@nrc.gov) or Stephen 

Poy at (301) 415-7135 (stephen.poy@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 Hampshire SRS Data Sheet 

2. Compatibility Comments 

DISTRIBUTION: 

DIR RF, 12-34 

DCD (SP05) 

JKatanic, ASPB 

DJanda, RSAO 

NH File 

Incoming Document: ML12341A216 

OFFICE ASPB ASPB OGC ASPB:BC MSSA:DD 

NAME SPoy KSchneider J Olmstead for 

BJones 

K Schneider for 

DWhite 

PHenderson 

DATE 02/07/2013 02/13/2013 03/20/2013 03/2/2013 03/28/2013

ML13035A159 OFFICIAL RECORD COPY Package ML13035A121 
1 

COMPATIBILITY COMMENTS ON NEW HAMPSHIRE PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 4003.01(dg) 20.1003 1997-3 

2002-2

A Definitions: Public dose

In 4003.01(dg), the definition of Public 

dose, New Hampshire (NH) needs to 

insert the phrase “or to any other 

source of radiation under the control 

of a licensee or registrant” after “from 

licensed or registered operators.” 

NH needs to substitute the phrase 

“dose received as a patient from 

medical practices, or dose from 

voluntary participation in medical 

research programs.” with the phrase 

“from any medical administration the 

individual has received, from 

exposure to individuals administered 

radioactive material and released 

under [NH’s equivalent to 10 CFR 

35.75], or from voluntary participation 

in medical research programs.” 

NH needs make the above changes 

in order to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1003 Definitions: Public 

dose.

2 N/A 20.1301 

(a) and (c)

1997-3 

2002-2

A Dose limits for individual members 

of the public

NH did not submit their equivalent 

regulation to 10 CFR 20.1301(a) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category A 

designation assigned to 10 CFR 

20.1301(a).
2 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

3 4032.07 32.72 2002-2 

2006-1 

2007-1 

2007-3

B Manufacture, preparation, or 

transfer for commercial 

distribution of radioactive drugs 

containing byproduct material for 

medical use under Part 35

NH did not submit their equivalent 

regulation to 10 CFR 32.72 for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

32.72.

4 4035.02(e) 35.2 2002-2 

2006-1

B Definitions: Authorized medical 

physicist

NH needs to make the following 

changes:

a) NH needs to replace “He-P 

4035.25 or He-P4035.28” with 

“He-P 4035.25(a) and He-P 

4035.29” in their definition of 

Authorized Medical Physicist in 

4035.01(e).

b) NH omits the equivalent to 

paragraphs (ii) and (iv) of the 10 

CFR definition of Authorized 

Medical Physicist from their 

definition in 4035.01(e). 

c) NH need to add “or teletherapy 

physicist in 4035.01(e)(2).

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.2 Definition: Authorized 

medical physicist.

5 4035.02

(f)

35.2 2002-2 

2006-1

B Definitions: Authorized nuclear 

pharmacist

NH needs to make the following 

changes:
3 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

a) NH needs to replace “He-P 

4035.26 or He-P4035.28” with 

“He-P 4035.26(a) and He-P 

4035.29” in their definition of 

Authorized Nuclear Pharmacist in 

4035.02(f).

b) NH needs to add the word “or” 

after “...that authorizes medical 

use” and before “the practice of 

nuclear medicine...” in 

4035.02(f)(2). 

c) NH needs to add the words “that 

has been authorized to identify 

authorized nuclear pharmacists” 

after “...commercial nuclear 

pharmacy” and before “issued by 

an agency...” in 4035.02(f)(2).

d) NH needs to revise the phrase “or 

the manufacture and distribution 

of radiopharmaceuticals” in 

4035.02(f)(2) to “or in accordance 

with [NH equivalent to 10 CFR 

32.72(b)(4)].”

e) NH omits the equivalent to 

paragraphs 2(ii) and 2(iv) of the 

10 CFR definition of Authorized 

nuclear nharmacist from their 

definition in 4035.02(f).

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.2 Definition: Authorized 

nuclear pharmacist.

6 4035.02

(g)

35.2 2002-2 

2006-1

B Definitions: Authorized user

NH omits the equivalent to paragraph 

2(ii) of the 10 CFR definition of 

Authorized user from their definition in 

4035.02(g).

NH needs to add the above provision 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.2 Definition: Authorized 

user.
4 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

7 4035.02

(hh)

35.2 2002-2 

2005-2 

2006-1

B Definitions: Radiation Safety 

Officer

NH needs to make the following 

changes:

a) NH needs to replace “He-P 

4035.23 and He-P 4035.24; or 

He-P 4035.28” with “He-P 

4035.24(a) or (c)(1) and He-P 

4035.29” in their definition of 

Radiation Safety Officer.

b) NH needs to add the words 

“specific medical use” after 

“Agreement State” and before 

“license” in 4035.02(hh)(2).

c) NH needs to remove the words 

“or other equivalent permit or 

license recognized by the Agency 

for similar types and uses of 

byproduct material” from their 

definition of Radiation safety 

officer in 4035.02(hh).

d) NH omits the equivalent to 

paragraph 2(ii) of the 10 CFR 

definition of Radiation Safety 

Officer from their definition in 

4035.02(hh).

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.2 Definition: Radiation 

Safety Officer.

8 4035.02

(ll)

35.2 2002-2 B Definitions: Sealed source

NH needs to change the word 

“enclosed” to “encased” in their 

definition of Sealed source.

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.2 Definition: Sealed 

source.
5 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

9 4035.22 35.49 2002-2 

2006-1

C Suppliers for sealed sources or 

devices for medical use 

NH needs to add the wording 

“Nuclear Regulatory Commission” 

after “...an Agreement State” in 

4035.22(a) and (b).

NH needs to make the above 

changes to meet the Compatibility 

Category C designation assigned to 

10 CFR 35.49.

10 4035.24 35.50 2002-2 

2005-2 

2006-1 

2009-1

B Training for Radiation Safety 

Officer 

NH omits an equivalent to 10 CFR 

35.50(a)(1)(i) – (iii), (a)(2)(i) – (iii), 

(c)(1), (d), and (e). NH needs to 

include these provisions in 4035.24. 

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.50.

11 4035.25 35.51 2002-2 

2005-2 

2006-1 

2009-1

B Training for an authorized medical 

physicist 

NH needs to make the following 

changes:

a) NH omits a reference in 4035.25. 

The first sentence should read 

“Except as provided in 4035.28...” 

b) NH omits an equivalent to 10 CFR 

35.51(a)(1), (a)(2)(i) and (ii), 

(a)(3), and (c). 

c) NH omits an equivalent to 10 CFR 

35.51(b)(1), including (b)(1)(i)-(iv), 

which needs to be essentially 

identically. 

d) NH needs to rewrite 4035.25(b)(2) 

to read “Has obtained written 

attestation that the individual has 

satisfactorily completed the 

requirements in 4035.25(c) and 
6 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

(a)(1) and (a)(2), or 4035.25(b)(1) 

and (c), and has achieved a level 

of competency sufficient to 

function independently as an 

authorized medical physicist for 

each type of therapeutic medical 

unit for which the individual is 

requesting authorized medical 

physicist status. The written 

attestation must be signed by a 

preceptor authorized medical 

physicist who meets the 

requirements in §§ 4035.25, 

4035.28, or equivalent Agreement 

State or Nuclear Regulatory 

Commission requirements for an 

authorized medical physicist for 

each type of therapeutic medical 

unit for which the individual is 

requesting authorized medical 

physicist status; and...”

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.51.

12 4035.26 35.55 2002-2 

2005-2

B Training for an authorized nuclear 

pharmacist 

NH needs to make the following 

changes:

a) NH needs to add the wording 

“Except as provided in 4035.28,” 

to the beginning of the 

introductory paragraph and 

remove the wording “or Licensing 

State certification for NARM” from 

the end of the introductory 

paragraph.

b) NH omits an equivalent to 10 CFR 

35.55(a)(1)-(a)(4) in 4035.25(a). 

4035.25(a) is not essentially 

identically as written to the 

provisions in 10 CFR 35.55(a)(1)-

(a)(4).
7 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

c) NH needs to remove the word 

“Didactic” and add the wording 

“200 hours of classroom and 

laboratory” in front of the word 

“training” in 4035.26(b)(1)a.

d) NH states in 4035.26(b)(2) “Has 

obtained written certification...” 

NH needs to change this to state 

“Has obtained written 

attestation...”

e) NH omits a reference to an 

equivalent regulation for 10 CFR 

35.55(a)(1), (a)(2), and (a)(3) in 

4035.26(b)(2).

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.55.

13 4035.28 35.57 2002-2 

2005-2 

2009-1

B Training for experienced Radiation 

Safety Officer, teletherapy or 

medical physicist, authorized user, 

and nuclear pharmacist 

NH needs to make the following 

changes:

a) NH omits an equivalent to 10 CFR 

35.57(a), including (a)(1) and 

(a)(2), which needs to be 

essentially identically.

b) NH omits an equivalent to 10 CFR 

35.57(b), including (b)(1) and 

(b)(2), which needs to be 

essentially identically.

c) NH omits an equivalent to 10 CFR 

35.57(c).

NH needs to make the above 

changes to meet the compatibility 

Category B designation assigned to 

10 CFR 35.57.
8 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

14 4035.34 35.60 2002-2 H&S Possession, use, and calibration of 

instruments to measure the activity 

of unsealed byproduct

NH needs to make the following 

changes:

a) NH needs to replace the word 

“Testing” with “Calibration” and 

insert the word “Used” after 

“...Instruments” and before “to 

Measure...” in the introductory 

paragraph of 4035.34.

b) NH needs to replace the word 

“test” with “calibrate” after 

“...shall” and before “the 

instrumentation...” in 4035.34(b).

c) NH needs to remove 4035.34(c) 

from its regulations.

NH needs to make the above 

changes to meet the compatibility 

Category H&S designation assigned 

to 10 CFR 35.60.

15 4035.36 35.63 2002-2 H&S Determination of dosages of 

unsealed byproduct material for 

medical use 

NH needs to make the following 

changes:

a) NH omits an equivalent to 10 CFR 

35.63(b)(2)(ii).

b) NH needs to add the wording 

“does not fall within the prescribed 

dosage range or if the dosage” 

after “if the dosage” and before 

“differs from the prescribed 

dosage” in 4035.36(d).

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.63.
9 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

16 4035.46 35.100 2002-2, 

2005-2 

2006-1 

2007-3

H&S Use of unsealed byproduct 

material for uptake, dilution, and 

excretion studies for which a 

written directive is not required 

NH needs to replace the phrase 

“specified in He-P 4035.48, He-P 

4035.51” to “specified in He-P 

4035.51, or 4035.55 and 

4035.51(c)(1)b.7” in He-P 4035.46(b).

NH needs to make the above change 

to meet the Category H&S 

designation assigned to 10 CFR 

35.100.

17 4035.48 35.190 2002-2 

2005-2 

2006-1 

2007-1

2009-1

B Training for uptake, dilution and 

excretion studies 

NH needs to make the following 

changes: 

a) NH needs to rewrite 4035.48(a) to 

read “Meets the requirements in 

4035.48(c)(2), is certified by a 

medical specialty board whose 

certification process includes all of 

the requirements in He-P 

4035.48(c)(1) and whose 

certification process has been 

recognized by the Nuclear 

Regulatory Commission or an 

Agreement State.” 

b) NH does not have an equivalent 

regulation to 10 CFR 35.190(a)(1) 

and (2). 

c) NH omits the phrase “..., including 

a minimum of 8 hours of 

classroom and laboratory 

training,” after “training and 

experience” and before “in basic 

radionuclide handling techniques” 

in 4035.48(c)(1). 

d) NH omits the phrase “and 

radiation safety” after “techniques” 

and before “applicable” in 
10 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

4035.48(c)(1). 

e) NH needs to replace the phrases 

in 4035.48(c)(1)b and 

4035.48(c)(2) “requirements in 

He-P 4035.48, He-P 4035.51 or 

He-P 4035.55” with the phrase 

“requirements in He-P 4035.28, 

He-P 4035.48, 4035.51, or He-P 

4035.55.” 

f) NH needs to replace the word 

“byproduct” with the word 

“radioactive” in 4035.48(c)(1)b.1. 

Presently, NH’s definition of 

byproduct material is missing 

parts (3) and (4) of the definition 

for byproduct material as provided 

in 10 CFR 20.1003. 

g) NH states in 4035.48(c)(2) “Has 

obtained written certification...” 

NH needs to change this to state 

“Has obtained written 

attestation...” 

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.190. 

18 4035.49 35.200 2002-2 

2005-2 

2006-1 

2007-3

H&S Use of unsealed byproduct 

material for imaging and 

localization studies for which a 

written directive is not required 

NH needs to make the following 

changes:

a) NH needs to add the word 

“unsealed” after “...any” and 

before “byproduct material...” in 

the introductory paragraph of 

4035.49. 

b) NH needs to add the wording “or 

He-P 4035.55 and 

4035.51(c)(1)b.7” after 

“...specified in He-P 4035.51” in 

4035.49(b). 
11 

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 

35.200. 

19 4035.51 35.290 2002-2 

2005-2 

2006-1 

2007-1 

2009-1

B Training for imaging and 

localization studies 

NH needs to make the following 

changes:

a) In the introductory paragraph, NH 

has the incorrect reference to the 

equivalent regulation in 10 CFR 

35.200. NH needs to change “HeP 4035.46” to “He-P 4035.49” 

b) NH needs to rewrite 4035.51(a) to 

read “Meets the requirements in 

4035.51(c)(2), is certified by a 

medical specialty board whose 

certification process includes all of 

the requirements in He-P 

4035.51(c)(1) and whose 

certification process has been 

recognized by the Nuclear 

Regulatory Commission or an 

Agreement State.” 

c) NH did not submit an equivalent 

regulation to 10 CFR 35.290(a)(2) 

for review. 

d) NH omits a reference in 

4035.51(b). The sentence should 

read “Is an authorized user under 

He-P 4035.55 and meets the 

requirements in 

4035.51(c)(1)b.7,...” 

e) NH omits the phrase “..., including 

a minimum of 80 hours of 

classroom and laboratory 

training,” after “training and 

experience” and before “in basic 

radionuclide handling techniques” 

in 4035.51(c)(1). 

f) NH needs to include their 

equivalent reference to 10 CFR 

35.57, which is 4035.28, in 

4035.51(c)(1)(b) and (c)(2). 
12 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

g) NH omits a reference in 

4035.51(c)(1)b. The sentence 

should read “...He-P 4035.55 and 

4035.51(c)(1)b.7., or 

equivalent...” 

h) NH needs to remove the word 

“byproduct” from 4035.51(c)(1)b.6 

and insert the words “of 

radioactive drugs” between the 

words “dosages” and “to 

patients...” 

i) NH states in 4035.51(c)(2) “Has 

obtained written certification...” 

NH needs to change this to state 

“Has obtained written 

attestation...” 

j) NH omits a reference to the 

equivalent regulation for 10 CFR 

35.100 in 4035.51(c)(2). The 

sentence should read 

“...independently function as an 

authorized user for the medical 

uses authorized under He-P 

4035.46 and He-P 4035.49.” 

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.290. 

20 4035.52 35.300 2002-2 

2006-1 

2007-3

H&S Use of unsealed byproduct 

material for which a written 

directive is required 

NH needs to make the following 

changes:

a) NH needs to add the wording “or 

equivalent regulations of another 

Agreement State or the Nuclear 

Regulatory Commission” after 

“...these regulations” in 

4035.52(a). 

b) In 4035.52(b), NH needs to omit 

the reference to He-P 4035.28 

and replace it with He-P 4035.19. 

c) NH needs to remove the wording 
13 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

“Radioactive Drug Research 

Committee-approved application” 

from 4035.52(c) and (d). 

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.300. 

21 4035.55 35.390 2002-2 

2005-2 

2006-1 

2009-1

B Training for use of unsealed 

byproduct material for which a 

written directive is required 

NH needs to make the following 

changes:

a) In the introductory paragraph of 

4035.55, NH needs to add the 

word “unsealed” after 

“...authorized user of” and before 

“byproduct material...” 

b) NH omits an equivalent to 10 CFR 

35.390(a), including (a)(1) and 

(a)(2), that is essentially 

identically. 

c) NH omits the phrase “...including 

a minimum of 200 hours of 

classroom and laboratory 

training,” after “training and 

experience” and before “in basic 

radionuclide handling techniques” 

in 4035.55(b)(1). 

d) NH needs to include their 

equivalent reference to 10 CFR 

35.57, which is 4035.28, in 

4035.55(b)(1)b. and (b)(3). 

e) NH needs to change the word 

“byproduct” to “the word 

“radioactive” in 4035.55(b)(1)b.1. 

Presently, NH’s definition of 

byproduct material is missing 

parts (3) and (4) of the definition: 

Byproduct material as provided in 

10 CFR 20.1003. 

f) NH needs to remove 

4035.55(b)(1)b.6 and b.7 from its 

regulations. 
14 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

g) In 4035.55(b)(2), NH needs to 

remove the sentence “This 

experience may be obtained 

concurrently with the supervised 

work experience required by He-P 

4035.55(b)(1)b” from its 

regulations. 

h) NH needs to add the words “for 

which a written directive is 

required” at the end of 

4035.55(b)(2)a., c., and d. 

i) NH needs to remove the sentence 

“Experience with at least 3 cases 

in category (b) also satisfies the 

requirement in category (a)” from 

4035.55(b)(2)b. 

j) NH states in 4035.55(b)(3) “Has 

obtained written certification...” 

NH needs to change this to state 

“Has obtained written 

attestation...” 

k) NH needs to rewrite 4035.55(b)(3) 

to read “...the individual has 

satisfactorily completed the 

requirements in He-P 

4035.55(b)(1) or He-P 

4035.55(a)(1) and (b)(2)...” 

NH needs to make the above 

changes to meet the compatibility 

Category B designation assigned to 

10 CFR 35.390. 

22 4035.56 35.392 2002-2 

2005-2 

2009-1

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities less 

than or equal to 1.22 

Gigabecquerels (33 millicuries)

NH needs to make the following 

changes:

a) NH needs to rewrite 4035.56(a) to 

read “Is certified by a medical 

specialty board whose certification 

process includes all of the 

requirements of He-P 4035.56(c) 
15 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

and whose certification process 

has been recognized by the 

Nuclear Regulatory Commission 

or an Agreement State and who 

meets the requirements of 

4035.56(c)(3). (The names of 

board certifications which have 

been recognized by the 

Commission or an Agreement 

State will be posted on the NRC's 

Web page.); or...” 

b) NH needs to include their 

equivalent reference to 10 CFR 

35.57, which is 4035.28, in 

4035.56(c)(2) and (c)(3).

c) NH needs to remove the word 

“unsealed” from 4035.56(c)(2)d.

d) NH needs to remove the words 

“greater than” from 4035.56(c)(2)f. 

and replace the words with “less 

than or equal to” in the sentence.

e) NH needs to replace the word 

“certification” with “attestation” in 

4035.56(c)(3).

f) NH needs to remove the words 

“...of unsealed byproduct material 

using sodium iodide I-131 in 

activities less than or equal to 

1.22 gigabecquerels (33 

millicuries)” from the first sentence 

in 4035.56(c)(3) and replace the 

words with “authorized under 

4035.52.”

g) NH needs to replace the words 

“The written certification must be 

signed by a preceptor authorized 

user, who meets the requirements 

of He-P 4035.55(b), He-P 

4035.57, or equivalent Agreement 

State or Nuclear Regulatory 

Commission requirements.” with 

the words “The written attestation 

must be signed by a preceptor 

authorized user who meets the 

requirements in He-P 4035.28, 

He-P 4035.55, He-P 4035.56, and 

He-P 4035.57 or equivalent 
16 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Agreement State or Nuclear 

Regulatory Commission 

requirements.” in 4035.56(c)(3).

NH needs to make the above 

changes to meet the compatibility 

Category B designation assigned to 

10 CFR 35.392.

23 4035.57 35.394 2002-2 

2005-2

2006-1

2009-1

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities 

greater than 1.22 Gigabecquerels 

(33 millicuries)

NH needs to make the following 

changes:

a) NH needs to rewrite 4035.57(a) to 

read “Is certified by a medical 

specialty board whose certification 

process includes all of the 

requirements in 4035.57 (c)(1) 

and (c)(2), and whose certification 

has been recognized by an 

Agreement State or the Nuclear 

Regulatory Commission, and who 

meets the requirements in 

4035.57(c)(3). (The names of 

board certifications which have 

been recognized by the Nuclear 

Regulatory Commission or an 

Agreement State will be posted on 

the NRC's Web page.); or”

b) NH needs to include their 

equivalent reference to 10 CFR 

35.57, which is 4035.28, in 

4035.57(c)(2) and (c)(3).

c) NH needs to remove the word 

“unsealed” from 4035.57(c)(2)d.

d) NH needs to replace the word 

“certification” with “attestation” in 

4035.57(c)(3).

e) NH needs to remove the words 

“...of unsealed byproduct material 

using sodium iodide I-131 in 

activities less than or equal to 
17 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1.22 gigabecquerels (33 

millicuries)” from the first sentence 

in 4035.57(c)(3) and replace the 

words with “authorized under 

4035.52.”

f) NH needs to replace the words 

”The written certification must be 

signed by a preceptor authorized 

user, who meets the requirements 

of He-P 4035.55(b), He-P 

4035.57, or equivalent Agreement 

State or Nuclear Regulatory 

Commission requirements.” with 

the words “The written attestation 

must be signed by a preceptor 

authorized user who meets the 

requirements in He-P 4035.28, 

He-P 4035.55, He-P 4035.56, and 

He-P 4035.57 or equivalent 

Agreement State or Nuclear 

Regulatory Commission 

requirements.” in 4035.57(c)(3).

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.394.

24 4035.66 35.490 2002-2 

2005-2 

2006-1 

2009-1

B Training for use of manual 

brachytherapy sources 

NH needs to make the following 

changes:

a) NH needs to rewrite 4035.66(a) to 

read an equivalent statement to 

10 CFR 35.490(a), including (a)(1) 

and (a)(2).

b) NH needs to include their 

equivalent reference to 10 CFR 

35.57, which is 4035.28, in 

4035.66(b)(1)b and (b)(2).

c) NH needs to add the words “Has 

completed” to the beginning of the 

first sentence in 4035.66(b)(2).

d) NH needs to add the words “the 

Royal College of Physicians and 
18 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Surgeons of Canada” after 

“...Graduate Medical Education” 

and before “or the Committee on 

Postdoctoral Training of the 

American Osteopathic 

Association” to the first sentence 

in 4035.66(b)(2).

e) NH omits an equivalent reference 

to 10 CFR 35.490(a)(1) in 

4035.66(b)(3). 

f) NH needs to replace the word 

“certification” with “attestation” in 

4035.66(b)(3).

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.490.

25 4035.67 35.491 2002-2 

2005-2 

2006-1 

2009-1

B Training for ophthalmic use of 

strontium-90

NH needs to make the following 

changes:

a) NH needs to delete the words 

“Licensing State certification for 

NARM” and insert the word “or” 

after the words “He-P 4035.66” in 

4035.67(a).

b) NH needs to include the words “at 

a medical institution, clinic, or 

private practice” after the words 

“under the supervision of an 

authorized user” in 4035.67(b)(2).

c) NH needs to replace the word 

“certification” with “attestation” in 

4035.67(b)(3).

d) NH needs to include their 

equivalent reference to 10 CFR 

35.57, which is 4035.28, in 

4035.67(b)(3).

e) NH needs to replace the words 

“paragraphs (1) and” with the 

word “paragraph” in 

4035.67(b)(3).
19 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.491.

26 4035.78 35.632 2002-2 H&S Full calibration measurements on 

teletherapy units 

NH needs to remove “+/- 5 percent” 

from 4035.78(b)(1) and replace it with 

“+/- 3 percent.”

NH needs to make the above change 

in order to meet the Category H&S 

designation assigned to 10 CFR 

35.632.

27 4035.81 35.642 2002-2 H&S Periodic spot-checks for 

teletherapy units 

NH needs to add the word “written” 

between “...in accordance with” and 

“procedures established by...” to 

4035.81(b).

NH needs to make the above change 

to meet the Category H&S 

designation assigned to 10 CFR 

35.642.

28 4035.83 35.645 2002-2 H&S Periodic spot-checks for gamma 

stereotactic radiosurgery units 

In 4035.83(b)(2), NH needs to replace 

“He-P 4035.83(a)(1)” with “He-P 

4035.83(a).”

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.645.

29 4035.73 35.690 2002-2 

2005-2 

2006-1 

2009-1

B Training for use of remote 

afterloader units, teletherapy units, 

and gamma stereotactic 

radiosurgery units 
20 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

NH needs to make the following 

changes:

a) NH omits an equivalent to 10 CFR 

35.690(a), including (a)(1) and 

(a)(2), which needs to be 

essentially identically.

b) NH needs to include their 

equivalent reference to 10 CFR 

35.57, which is 4035.28, in 

4035.73(b)(2), (b)(3) and (b)(4).

c) NH needs to add the words “Has 

completed” to the beginning of the 

first sentence in 4035.73(b)(3).

d) NH needs to add the words “the 

Royal College of Physicians and 

Surgeons of Canada” after 

“...Graduate Medical Education” 

and before “or the Committee on 

Postdoctoral Training of the 

American Osteopathic 

Association” to the first sentence 

in 4035.73(b)(3).

e) NH needs to replace the word 

“certification” with “attestation” in 

4035.73(b)(4).

f) NH omits an equivalent reference 

to 10 CFR 35.690(a)(1) and (c) in 

4035.73(b)(4).

g) NH needs to add the equivalent of 

“The written attestation must be 

signed by a preceptor authorized 

user who meets the requirements 

in §§ 35.57, 35.690, or equivalent 

Agreement State requirements for 

an authorized user for each type 

of therapeutic medical unit for 

which the individual is requesting 

authorized user status...” 

h) NH omits an equivalent to 10 CFR 

35.690(c).

NH needs to make the above 

changes to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.690.
21 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

30 4035.117 35.3045 2002-2 C Report and notification of a 

medical event 

NH needs to make the following 

changes:

a) NH needs to add the wording “or 

dose that would have resulted 

from the prescribed dosage” 

between “...prescribed dose” and 

“by more than...” in 

4035.117(a)(1).

b) NH needs to add the wording “or 

more” between “50 percent” and 

“of the dose...” in 4035.117(a)(3).

c) NH needs to revise the third 

sentence in 4035.117(e) to read 

“If the referring physician or the 

affected individual cannot be 

reached within 24 hours, the 

licensee shall notify the individual 

as soon as possible thereafter. 

The licensee may not delay any 

appropriate medical care for the 

individual, including any 

necessary remedial care as a 

result of the medical event, 

because of any delay in 

notification.”

NH needs to make the above 

changes to meet the Compatibility 

Category C designation assigned to 

10 CFR 35.3045.

31 N/A 35.3047 2002-2 C Report and notification of a dose to 

an embryo/fetus or a nursing child 

NH omitted the equivalent regulations 

corresponding to 10 CFR 35.3047.

NH needs to add the above regulation 

in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 35.3047.
22 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

32 N/A 35.396 2005-2 

2006-1 

2009-1

B Training for the parenteral

administration of unsealed 

byproduct material requiring a 

written directive.

NH omitted the equivalent regulation 

to 10 CFR 35.396 for review.

NH needs to add the above regulation 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 35.396.

33 N/A 20. Appendix B 2006-1 

2007-3

A Standards For Protection Against 

Radiation “List of Elements”

NH did not submit their equivalent to 

10 CFR Part 20, Appendix B for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category A 

designation assigned to 10 CFR Part 

20, Appendix B.

34 4003.01(v) 20.1003 

30.4 

150.3

2007-3 H&S Definition: Byproduct Material 

NH omits (3) and (4) of the definition 

byproduct materials as provided in 10 

CFR 20.1003 in their definition of 

byproduct material.

NH needs make the above change in 

order to meet the Compatibility 

Category H&S designation assigned 

to 10 CFR 20.1003 Definitions: 

Byproduct material.

35 4003.01 20.1003 

30.4 

150.3

2007-3 H&S Definition: Discrete source 

NH did not submit their equivalent 

regulation for a definition of discrete 

source to 10 CFR 20.1003 for review.

NH needs to provide for review the 

above equivalent regulation in order 
23 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

to meet the Compatibility Category 

H&S designation assigned to 10 CFR 

20.1003 Definitions: Discrete source.

36 4003.01 20.1003 

30.4

2007-3 H&S Definition: Particle accelerator

NH did not submit their equivalent 

regulation for a definition of particle 

accelerator to 10 CFR 20.1003 for 

review.

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category 

H&S designation assigned to 10 CFR 

20.1003 Definitions: Particle 

accelerator.

37 4003.01 20.1003 

61.2

2007-3 B Definition: Waste

NH needs to include the wording 

“Waste means those low-level 

radioactive wastes containing source, 

special nuclear, or byproduct material 

that are acceptable for disposal in a 

land disposal facility. For the 

purposes of this definition, low-level 

radioactive waste means radioactive 

waste not classified as high-level 

radioactive waste, transuranic waste, 

spent nuclear fuel, or byproduct 

material as defined in paragraphs (2), 

(3), and (4) of the definition of 

Byproduct material set forth in this 

section.” in their wording for the 

definition of waste in 4003.01.

NH needs make the above change in 

order to meet the Compatibility 

Category B designation assigned to 

10 CFR 20.1003: Definitions.

38 N/A 20.2001 (a)(4) 2007-3 C General requirements 

NH did not submit their equivalent 

regulation to 10 CFR 20.2001(a)(4) 
24 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category C 

designation assigned to 10 CFR 

20.2001(a)(4).

39 N/A 20.2006 (e) 2007-3 B Transfer for disposal and 

manifests 

NH did not submit their equivalent 

regulation to 10 CFR 20.2006(e) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

20.2006(e).

40 N/A 20.2008 2007-3 B Disposal of 11e.(3) and 11e.(4) 

byproduct material 

NH did not submit their equivalent 

regulation to 10 CFR 20.2008 for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

20.2008.

41 N/A 30.3(a) 2007-3 C Activities requiring license 

NH did not submit their equivalent 

regulation to 10 CFR 30.3(a) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category C 

designation assigned to 10 CFR 

30.3(a).
25 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

42 N/A 30.4 2007-3 C Definition: Consortium 

NH did not submit their equivalent 

regulation for a definition of 

consortium to 10 CFR 30.4 for review.

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category C 

designation assigned to 10 CFR 30.4.

43 N/A 30.15 (a)(1)(viii) 2007-3 B Certain items containing byproduct 

material 

NH did not submit their equivalent 

regulation to 10 CFR 30.15(a) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

30.15(a).

44 N/A 30.18 (b) 2007-3 B Exempt quantities 

NH did not submit their equivalent 

regulation to 10 CFR 30.18(b) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

30.18(b).

45 4030.03 (e) 30.20 (a) 2007-3 B Gas and aerosol detectors 

containing byproduct material 

NH did not submit their equivalent 

regulation to 10 CFR 30.20(a) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 
26 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

designation assigned to 10 CFR 

30.20(a).

46 4030.06 (i) 30.32 (g) 2007-3 C Application for specific licenses 

NH did not submit their equivalent 

regulation to 10 CFR 30.32(g) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category C 

designation assigned to 10 CFR 

30.32(g).

47 N/A 30.32 (j) 2007-3 B Application for specific licenses 

NH did not submit their equivalent 

regulation to 10 CFR 30.32(j) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

30.32(j).

48 N/A 30.34(g) 2007-3 H&S Terms and conditions of licenses 

NH did not submit their equivalent 

regulation to 10 CFR 30.34(g) for 

review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category 

H&S designation assigned to 10 CFR 

30.34(g).

49 N/A 30.34(j) 2007-3 B Terms and conditions of licenses 

NH did not submit their equivalent 

regulation to 10 CFR 30.34(j) for 

review. 

NH needs to provide for review the 
27 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

30.34(j).

50 4031.04 31.5 (b)(1) & 

(c)(13)

2007-3 C Certain detecting, measuring, 

gauging, or controlling devices 

and/or an ionizing atmosphere 

NH did not submit their equivalent 

regulation to 10 CFR 31.5 for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category C 

designation assigned to 10 CFR 31.5.

51 N/A 31.12 2007-3 C General license for certain items 

and self-luminous products 

containing radium-226

NH did not submit their equivalent 

regulation to 10 CFR 31.12 for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category C 

designation assigned to 10 CFR 

31.12.

52 N/A 32.57 2007-3 B Calibration or reference sources 

containing americium-241 or 

radium- 226: Requirements for 

license to manufacture or initially 

transfer 

NH did not submit their equivalent 

regulation to 10 CFR 32.57 for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

32.57.
28 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

53 N/A 32.58 2007-3 B Same: labeling of devices 

NH did not submit their equivalent 

regulation to 10 CFR 32.58 for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

32.58.

54 N/A 32.59 2007-3 B Same: Leak testing of each source 

NH did not submit their equivalent 

regulation to 10 CFR 32.59 for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

32.59.

55 N/A 32.71(b)(8) & 

(c)(1)

2007-3 B Manufacture and distribution of 

byproduct material for certain in 

vitro clinical or laboratory testing 

under general license 

NH did not submit their equivalent 

regulation to 10 CFR 32.71 for review. 

NH needs to provide for review the 

above equivalent regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

32.71.

56 N/A 35.2 2007-3 H&S Definition: Positron Emission 

Tomography (PET) radionuclide 

production facility 

NH did not submit their equivalent 

definition for Positron Emission 

Tomography (PET) radionuclide 

production facility for review. 

NH needs to provide for review the 
29 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

above equivalent regulation in order 

to meet the Compatibility Category 

H&S designation assigned to 10 CFR 

35.2 Definition: Positron Emission 

Tomography (PET) radionuclide 

production facility.

57 4035.36 35.63(b)(2)(ii), 

(b)(2)(iii), & (c)(3)

2007-3 H&S Determination of dosages of 

unsealed byproduct material for 

medical use 

NH needs to make the following 

changes:

a) NH did not submit their equivalent 

regulation to 10 CFR 

35.63(b)(2)(ii) for review.

b) NH needs to add the wording 

“does not fall within the prescribed 

dosage range or if the dosage” 

after “if the dosage” and before 

“differs from the prescribed 

dosage” in 4035.36(d).

NH needs to make the above 

changes to meet the Category H&S 

designation assigned to 10 CFR 

35.63.

58 4030.08 30.72 2007-3 H&S Schedule C – Quantities of 

radioactive material requiring 

consideration of the need for an 

emergency plan for responding to 

a release 

NH omitted radium-226 from the 

equivalent table to Schedule C. 

NH needs to add the above regulation 

in order to meet the Compatibility 

Category H&S designation assigned 

to 10 CFR 30.72.
STATE REGULATION STATUS

State: New Hampshire 

 Tracking Ticket Number: 12-34 

[7 amendment(s) reviewed is identified by a * Date: March 28, 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 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, 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 not yet 

adopted Final Regulations equivalent to RATS ID: 2002-2. 

1992-2 Eliminating the Recordkeeping Requirements 

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

none Not Required Not Required These 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 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 Applicable1 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, 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. 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 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, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 Final No Comments 

02/1999 
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 No Comments 

08/1998 

1995-3 Low-Level Waste Shipment Manifest Information 

and Reporting Parts 20, 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, 20 60 FR 36038 

08/14/1998 Final No Comments 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final No Comments 

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 Final No Comments New Hampshire has not yet 

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 Final No Comments New Hampshire has not yet 

adopted Final Regulations equivalent to RATS IDs: 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 

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 

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, 35 62 FR 4120 

05/29/2000 R2 

ML12171A302 License ConditionML12171A302 Proposed ML12341A216 

No Comments 07/24/2012 ML12200A082 No Comments 07/24/2012 ML12200A082 Comments 03/28/2013 ML13035A121 

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) 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 Final No Comments 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 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, 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, 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 Final 

ML073040535 License ConditionML082660012 

Comments 11/20/2007 ML073240267 No Comments 10/07/2008 ML082730093 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 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. 

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, 39 65 FR 63750 

01/08/2004 License Condition

ML042720491 ML042660535 

No Comments 10/25/2004 ML043010014 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2001-1 Requirements for Certain Generally Licensed 

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

02/16/2004 Final 

ML061990609 

Comments 08/10/2006 ML062220004 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML061990609 

No Comments 08/10/2006 ML062220004 

*2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Proposed 

ML12341A216 

Comments 03/28/2013 ML13035A121 

Part 35 only 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 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 

*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 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 

Comments 03/28/2013 ML13035A121

Part 35 only 

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 

No Comments 11/03/2009 ML092870528 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 License Condition

ML083370040 

No Comments 12/17/2008 ML083390033 

*2007-1 Medical Use of Byproduct Material - Minor 

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

10/29/2010 Proposed 

ML12341A216 

Comments 03/28/2013 ML13035A121 

Part 35 only 

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 Proposed 

ML12341A216 

Comments 03/28/2013 ML13035A121 

Part 35 only 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

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, 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 Proposed 

ML12341A216 

Comments 03/28/2013 ML13035A121 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 

2011-2 Licenses, Certifications, and Approvals for Materials 

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

11/14/2014 

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 

2012-2 Advance Notification to Native American Tribes of 

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

08/10/2015 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 

1 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