June 19, 2013 

Stephen M. Gavitt, CHP, Director 

Bureau of Environmental Radiation Protection 

Empire State Plaza – Corning Tower 

12th Floor 

Albany, NY 12237 

Dear Mr. Gavitt: 

We have reviewed the Sections 175.05, 175.10, 190.60 and 190.65 of Articles 175 and 190 of 

the New York State Penal Law, received by our office on April 29, 2013. These requirements 

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

10 CFR Parts 30, 40, 61, 70, and 71 and the requirements of one amendment identified in the 

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

regulations with you on June 19, 2013. 

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

Please note that we have limited our review to the legally binding requirements required for 

compatibility and/or health and safety. We have determined that if these requirements are 

revised, incorporating our comment 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 you revise your legally binding requirements to address our comment, a 

copy of the revised legally binding requirements be provided to us for review. As requested in 

FSME Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the 

location of any changes made by New York, in response to our comment, 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 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. 
S. Gavitt -2- 

If you have any questions regarding the comment, 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 Donna Janda at 610-331-5371 (donna.janda@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. Compatibility Comment 

2. New York State Department 

 of Health SRS Data Sheet
S. Gavitt -2- 

If you have any questions regarding the comment, 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 Donna Janda at 610-331-5371 (donna.janda@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. Compatibility Comment 

2. New York State Department 

 of Health SRS Data Sheet 

DISTRIBUTION: 

DIR RF (13-17) 

DCD (SP05) 

DJanda, RSAO 

MOrendi, RSAO 

Incoming Document: ML13121A233 

OFFICE RI ASPB OGC ASPB:BC MSSA:DD 

NAME DJanda KSchneider BJones/JWO DWhite/DMS PHenderson 

DATE 05/31/13 05/31/13 06/18/13 06/19/13 06/19/13 

ML13150A207 OFFICIAL RECORD COPY Package ML13150A189
COMPATIBILITY COMMENTS ON NEW YORK DEPARTMENT OF HEALTH 

LEGALLY BINDING REQUIREMENTS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 §175.05 

§175.10 

§190.60 

§190.65 

30.10, 40.10, 

61.9b, 70.10 and 

71.8. 

1998-1 C Deliberate misconduct 

The enforcement authority provided in 

the New York State Penal Code does 

not meet three of the essential 

objectives of the NRC’s deliberate 

misconduct regulation. 

First, the Penal Code only applies to 

an individual who falsifies business 

records with the intent to defraud and 

does not create a penalty for the 

knowing submission of incomplete or 

inaccurate information that is in some 

respect material to the regulatory 

authority. 

Second, the Penal Code would not 

prohibit deliberate misconduct by an 

individual that causes or would cause 

a licensee, applicant, or certificate 

holder to be in violation of a rule, 

regulation, or order, or any term, 

condition or limitation of the license. 

Third, the Penal Code would not 

prohibit deliberate misconduct by an 

individual that causes or would cause 

the violation of a requirement, 

procedure, instruction, contract, 

purchase order, or policy of a 

licensee, certificate of registration 

holder, applicant, contractor or 

subcontractor 

The New York State Department of 

Health should adopt the essential 

objectives of this regulation in the 

appropriate New York regulations or 

legally binding requirements to meet 

the Compatibility Category C 

designation assigned to 10 CFR 

30.10, 40.10, 61.9b, 70.10 and 71.8. 
STATE REGULATION STATUS

State: New York State Health Department 

 Tracking Ticket Number: 13-17 

[1 amendment(s) reviewed is identified by a * Date: June 19, 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 NYSHD has not yet adopted Final 

Regulations equivalent to RATS ID: 1997-5 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1991-2 ASNT Certification of Radiographers 

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

none Not Required Not Required These regulation changes 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 Comments 

12/24/1997 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1991-4 Notification of Incidents 

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

10/15/1994 Final No Comments 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1992-1 Quality Management Program and Misadministrations 

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

01/27/1995 NYSHD 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 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final No Comments 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

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

Part 61 58 FR 33886 

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

regulate this material under its portion of the Agreement. (NYDEC) 

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 NYSHD 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 No Comments 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

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 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final No Comments 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1995-3 Low-Level Waste Shipment Manifest Information and 03/01/1998 Not Applicable Not Applicable NYSHD does not have authority to 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

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

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 Final No Comments 

01/28/2000 

NYSHD has not yet adopted Final Regulations equivalent to RATS ID: 1997-5 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final No Comments 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final No Comments 

01/28/2000 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

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 

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 

01/28/2000 

NYSHD has not yet adopted Final Regulations equivalent to RATS ID: 2004-1. Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

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. 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

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 NYSHD 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 

ML092260295 License Condition ML092260295 

No Comments 09/08/2009 ML092310687 No Comments 09/08/2009 ML092310687 

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 Proposed 

Ml100600746 License Condition ML100600746 

Comments 05/06/2010 ML100890066 Comments 05/06/2010 ML100890066 

NYSHD are not authorizing lay barge, underwater or offshore radiography in these regulations. 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

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 Legally Binding 

Requirements ML13121A233 

Comments 06/19/2013 ML13150A207

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 Proposed 

Ml100600746 License Condition ML100600746 

Comments 05/06/2010 ML100890066 Comments 05/06/2010 ML100890066 

NYSHD are not authorizing lay barge, underwater or offshore radiography in these regulations. 

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 Proposed 

ML101310506 

Comments 07/07/2010 ML101580277 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Not Applicable Not Applicable NYSHD does not have authority to 

regulate this material under its portion of the Agreement. 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities 

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

regulate this material under its portion 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

Part 40 64 FR 17506 

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 License Condition 

ML092260298 

No Comments 09/03/2009 ML092320011 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 License Condition 

ML100120053 

No Comments 02/23/2010 ML100350697 

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 License Condition 

for 32.52 (a) & (b) only ML040770455 

No Comments 04/02/2004 ML040930388 

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342. 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Proposed 

ML101310506 

No Comments 07/07/2010 ML101580277 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Proposed 

ML100600745 License Condition ML080170561 

Comments 05/18/2010 ML100890015 No Comments 03/20/2008 ML080800306 

Part 35 with respect to gamma stereotactic radiosurgery and HDR only 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

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 

ML092590171 

Comments 10/23/2009 ML092710056 

2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 License Condition 

ML092590174 

No Comments 10/07/2009 ML092710325 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Proposed 

ML100600745 

Comments 05/18/2010 ML100890015 

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 Proposed 

ML100600745 

Comments 05/18/2010 ML100890015 

2006-2 National Source Tracking System - Serialization 

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

02/06/2007 Not Applicablei Not Applicable NYSHD responded on 02/02/2007 to 

FSME-06-110 stating that they currently had no licensees applicable to this rule. ML070330060 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 License Condition 

ML083240082 

No Comments 12/11/2008 ML083390393 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Proposed 

ML100600745 

Comments 05/18/2010 ML100890015 

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 

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 

ML091730154 

Comments 08/04/2009 ML091820407 

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 

ML100600745 

Comments 05/18/2010 ML100890015 

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 

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 

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 

2013-1 Physical Protection of Byproduct Material, 10 CFR Parts 

20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 

03/19/2016 

i IMPEP Team: verify that New York does not have any licensees subject to these regulations during each review.