UNITED STATES

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

November 30, 2015 

Mr. 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 Mr. Ong: 

We have reviewed the proposed revisions to the New Hampshire Radiological Health Rules HeP 4038, received by our office on October 28, 2015. These regulations were reviewed by 

comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and the 

requirements of the one amendment identified in the enclosed State Regulation Status (SRS) 

Data Sheet. We discussed our review of the regulations with you on November 25, 2015. 

As a result of our review, we have 14 comments that are related to compatibility and four 

comments that are not related to compatibility but should be addressed. These 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 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 Nuclear Material Safety and Safeguards 

(NMSS) 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 NMSS 

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

changes, and provide a copy to Division of Material Safety, State, Tribal, and Rulemaking 

Programs, NMSS. 

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 NMSS State Communication Portal: 

https://scp.nrc.gov/rulemaking.html. 
A. Ong -2- 

Additionally, please note that NRC has previously issued certain Security Orders to one New 

Hampshire licensee. We have not listed the name of the licensee in this letter because that 

information is Official Use Only and cannot be made publicly available. Because the 

NRC-issued Orders are still legally binding, they must be rescinded by the NRC concurrent with 

New Hampshire’s promulgation of final regulations. Accordingly, close coordination is needed 

between the NRC and your office to ensure there are no conflicts, duplications, or gaps 

regarding the security-related requirements for these licensees. Please contact Adelaide 

Giantelli, Chief, Source Management and Protection Branch, NMSS 

(Adelaide.Giantelli@nrc.gov) for information regarding the affected New Hampshire licensee 

and for coordination with rescission of the NRC-issued Orders for this licensee after New 

Hampshire’s promulgation and the NRC’s review of the final New Hampshire regulations. 

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 Michelle 

Beardsley, State Regulation Review Coordinator, at (610) 337-6942 

(Michelle.Beardsley@nrc.gov) or Monica Ford at (610) 337-5214 (Monica.Ford@nrc.gov). 

Sincerely, 

/RA/ 

CEinberg for PHenderson 

Pamela J. Herderson, Deputy Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosures: 

1. Compatibility & Non-Compatibility Comments 

2. New Hampshire SRS Data Sheet
A. Ong -2- 

Additionally, please note that NRC has previously issued certain Security Orders to one New 

Hampshire licensee. We have not listed the name of the licensee in this letter because that 

information is Official Use Only and cannot be made publicly available. Because the 

NRC-issued Orders are still legally binding, they must be rescinded by the NRC concurrent with 

New Hampshire’s promulgation of final regulations. Accordingly, close coordination is needed 

between the NRC and your office to ensure there are no conflicts, duplications, or gaps 

regarding the security-related requirements for these licensees. Please contact Adelaide 

Giantelli, Chief, Source Management and Protection Branch, NMSS 

(Adelaide.Giantelli@nrc.gov) for information regarding the affected New Hampshire licensee 

and for coordination with rescission of the NRC-issued Orders for this licensee after New 

Hampshire’s promulgation and the NRC’s review of the final New Hampshire regulations. 

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 Michelle 

Beardsley, State Regulation Review Coordinator, at (610) 337-6942 

(Michelle.Beardsley@nrc.gov) or Monica Ford at (610) 337-5214 (Monica.Ford@nrc.gov). 

Sincerely, 

Pamela J. Herderson, Deputy Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosures: 

1. Compatibility & Non-Compatibility Comments 

2. New Hampshire SRS Data Sheet

DISTRIBUTION: SP05 

DIR RF (16-13) 

DJanda, RSAO 

NH File 

OFFICE RI ASPB OGC ASPB:BC MSTR:DD 

NAME MFord via 

email 

MBeardsley SClark LDimmick for 

CEinberg 

CEinberg for 

PHenderson 

DATE 11/4/15 11/5/15 11/24/15 11/25/15 11/30/15 

ML 15309A450 OFFICIAL RECORD COPY Package ML15303A124
Enclosure 1 

COMPATIBILITY COMMENTS ON NEW HAMPSHIRE PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 N/A 30.13 2013-1 B Common Carriers 

NH did not submit their equivalent 

regulation for review. 

NH needs to provide for review the 

equivalent regulation that meets the 

essential objectives of 10 CFR 30.13 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 30.13. 

2 He-P 

4038.03(e) 

37.5 2013-1 B Definition: Approved Individual 

NH references Subpart B in its 

definition, however there is no 

Subpart B in NH’s regulations.. NH 

should change the definition to read 

“...for unescorted acess in 

accordance with He-P 4038.07 – 

4038.13 and who has...” 

NH needs to make the above change 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 37.5. 
2 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

3 He-P 

4038.11 

37.29(a) 2013-1 B Relief from fingerprinting, 

identification, and criminal history 

records checks and other elements 

of background investigations for 

designated categories of 

individuals permitted unescorted 

access to certain radioactive 

materials 

NH incorrectly lists commercial 

vehicle drivers of Category 1 

shipments as not needing 

fingerprinting and the identification 

and criminal history records checks in 

4038.11(a)(10). NH needs to change 

4038.11(a)(10) to read “Commercial 

vehicle drivers for road shipments of 

category 2 quantities of radioactive 

material;.” 

NH needs to make the above change 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 37.29(a). 
3 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

4 He-P 

4038.15 

37.43(a) 2013-1 B General security program 

requirements 

NH lists an incorrect reference in 

4038.15(a)(1)a. and b. NH should 

change 4038.15(a)(1)a. to read, 

“Describe the measures and 

strategies used to implement the 

requirements of He-P 4038.15 – 

4038.22; and...”. 

NH should change 4038.15(a)(1)b. to 

read, “Identify the security resources, 

equipment, and technology, used to 

satisfy the requirements of He-P 

4038.15 – 4038.22;.”. 

NH references the “Commission” in 

He-P 4038.15(a)(3).. NH should 

reference its State Agency in this 

instance, i.e., “A licensee shall revise 

its security plan as necessary to 

ensure the effective implementation of 

[New Hampshire/ Agency/ 

DPHS/RHS (insert correct term)] 

requirements.” 

NH needs to make the above 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 37.43(a). 

5 He-P 

4038.15 

37.43(c)1 – 

(c)(3) 

2013-1 B General security program 

requirements 

NH references the “Commission” in 

He-P 4038.15(c)(3)c. NH should 

reference its State agency in this 

instance, i.e., “Relevant results of 

[New Hampshire, Department, 

DPHS/RHS (insert correct term)] 

inspections; and.” 

NH needs to make the above change 
4 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

in order to meet the Compatbility 

Category B designation assigned to 

10 CFR 37.43(c)(1) – (c)(3). 

6 He-P 

4036.16 

37.45(a) & (b) 2013-1 B LLEA coordination 

NH needs to change the reference in 

He-P 4038.16(a) and (a)(1) from “HeP 4038” to “He-P 4038.15 – 4038.22.” 

NH needs to make the above change 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 37.45(a) & (b). 

7 He-P 

4038.19 

37.51 2013-1 C Maintenance and testing 

NH needs to change the reference in 

He-P 4038.19(a) from “He-P 4038” to 

“He-P 4038.15 – 4038.22.” 

NH needs to make the above change 

in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 37.51. 

8 He-P 

4038.22 

37.57 2013-1 C Reporting of events 

NH needs to remove references to 

the NRC from He-P 4038.22 (a), (b), 

and (c). It is NH’s responsibility, not 

the licensee’s responsibility, to report 

the event to the NRC. The licensee 

should only report to NH so as to not 

create duplicative reports. 

NH needs to make the above change 

in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 37.57. 
5 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

9 He-P 

4038.26 

37.77(a) – (d) 2013-1 B Advance notification of shipment 

of category 1 quantities of 

radioactive material 

NH needs to rewrite the opening 

paragraph to He-P 4038.26 to read 

“As specified in He-P 4038.26(a) and 

(b), each licensee shall provide 

advanced notification to the governor 

of a State or the governor’s designee 

and the DPHS/RHS of the shipment 

of ...” 

NH needs to remove the references 

to the NRC from the following 

sections He-P 4038.26(a)(1), (a)(3), 

(c)(1), (c)(3), and (d). For those 

shipments initially made by an 

Agreement State licensee, the NRC 

would not be notified as the 

notification would instead go to the 

Agreement State. 

(FRN 78 FR 16922) 

NH needs to make the above 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 37.77 (a) – (d). 

10 He-P 

4038.28 

37.81 (a)-(f) 2013-1 B Reporting of events. 

NH needs to remove references to 

the NRC from He-P 4038.28 (a), (b), 

(c), (d), (e), and (f). It is NH’s 

responsibility, not the licensee’s 

responsibility, to report the event to 

the NRC. The licensee should only 

report to NH so as to not create 

duplicative reports. 

NH needs to make the above change 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 37.81 (a)-(f). 
6 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

11 He-P 

4038.28 

37.81 (g)-(f) 2013-1 C Reporting of events. 

NH needs to remove references to 

the NRC from He-P 4038.28 (g). It is 

NH’s responsibility, not the licensee’s 

responsibility, to report the event to 

the NRC. The licensee should only 

report to NH so as to not create 

duplicative reports. 

NH needs to make the above change 

in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 37.81 (g). 

12 He-P 

4038.29 

37.101 2013-1 C Form of records 

NH needs to remove “and each U.S. 

Nuclear Regulatory Commission 

regulation” from He-P 4038.29(a). 

NH needs to make the above change 

in order to meet the Compatibility 

Category C designation assigned to 

10 CFR 37.101. 

13 He-P 

4038.09(b) 

37.25(b) 2013-1 C Background investigations 

NH needs to revise and clarify the 

requirements in He-P 4038.09(b) so 

that the essential objectives of the 

Grandfathering requirements in 10 

CFR 37.35(b) are met. As written, 

He-P 4038.09(b) does not clearly 

include the essential objectives of 

37.25(b). 

Two NH regulations under He-P 

4038.09 have the same citation, He-P 

4038.09(c). The first instance of He-P 

4038.09(c) should be redisignated as 

He-P 4038.09(b)(3) or an appropriate 

citation resulting from changes made 

addressing the comment above. 
7 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

NH needs to make the above 

changes in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 37.25(b). 

14 He-P 

4038.12(d) 

37.31(d) 2013-1 B Protection of information 

NH needs to replace the term “NRC” 

with “NPHS/ RHS” in He-P 

4038.12(d). 

NH needs to make the above change 

in order to meet the Compatibility 

Category B designation assigned to 

10 CFR 37.31(d). 
8 

COMMENTS NOT RELATED TO COMPATIBILITY 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 He-P 

4038.10 

37.27(c) 2013-1 B Requirements for criminal history 

records checks of individuals 

granted unescorted access to 

category 1 or category 2 quantities 

of radioactive material 

NH lists the wrong address in 

4038.10(c)(1). NH needs to change 

4038.10(c)(1) to read “...to submit to 

the U.S. Nuclear Regulatory 

Commission, Director, Division of 

Facilities and Security, 11545 

Rockville Pike, ATTN: Criminal 

History Program/Mail Stop T03B46M, Rockville, Maryland 20852-

2738, one completed ...” 

See FSME-13-081 dated August 16, 

2013, for notification to Agreement 

States of the change of address 

from that published in the 

regulations.

2 He-P 

4038.03(z) 

4038.10 

37.5 

37.27(a) 

2013-1 [C] 

B 

Definition: Person 

Requirements for criminal history 

records checks of individuals 

granted unescorted access to 

category 1 or category 2 quantities 

of radioactive material 

Editorial note: NH should consider 

changing “Commission” to “U.S. 

Nuclear Regulatory Commission” for 

clarification purposes since NH does 

not define the term “Commission”.

3 Multiple 

sections of 

He-P 4038 

Part 37 2013-1 B Multiple sections: 

Editorial Note: In the definitions 
9 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

section NH defines “DPHS/RHS”; 

however in multiple sections 

throughout 4038, NH uses 

“DHHS/RHS.” NH should use 

consistent terminology throughout its 

regulations.

4 He-P 

4038.23(c) 

37.71(c) 2013-1 B Additional requirements for 

transfer of category 1 and category 

2 quantities of radioactive material 

For clarity, NH should rewrite 4038.23 

(c)(2) to read “Be confirmed by the 

use of the DHHS/RHS’, agreement 

state’s, or NRC’s license verification 

system by contacting the license 

issuing authority by the end of the 

next business day.” And add (c)(3) 

“The licensee shall keep a copy of the 

certification.
STATE REGULATION STATUS

State: New Hampshire Tracking Ticket 

Date: 11/30/201

[1 amendment(s) reviewed identified by a * at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

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 H

RegulID: 19

1991-2 ASNT Certification of Radiographers 

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

none Not Required Not Required New H

RegulID: 19

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 H

adopteequiva

1992-2 Eliminating the Recordkeeping Requirements for 

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

none Not Required Not Required These 

requirepurpos
2 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

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 

Applicablei Not Applicable New H

any licregula

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 

requirepurpos

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 H

authorunder 

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 
3 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

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 H

RegulID: 19

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 H

adopteequivaand 20
4 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

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 H

adopteequiva

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 

requirepurpos

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 
5 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

1997-3 Criteria for the Release of Individuals 

Administered Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 R2 

ML12171A302 License Condition ML12171A302 Proposed ML12341A216 

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

Part 3

1997-4 Fissile Material Shipments and Exemptions 

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

02/10/2000 Not Required Not Required These 

requirepurposSTP-9

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 
6 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

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 

requirepurpos

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 

requirepurposSTP-9

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 Condition ML082660012 

Comments 11/20/2007 ML073240267 No Comments 10/07/2008 ML082730093 

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 H

authorunder 
7 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

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 

requirepurpos

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 

2001-1 Requirements for Certain Generally Licensed 

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

02/16/2004 R2

ML14093A273 

Comments 07/24/2014 ML14093A168 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML061990609 

No Comments 08/10/2006 ML062220004 
8 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Proposed 

ML12341A216 Proposed ML14093A273 

Comments 03/28/2013 ML13035A121 Comments 07/24/2014 ML14093A168 

Part 3Part 2

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 

Part 3

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 
9 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

2006-1 Minor Amendments 

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

03/27/2009 Proposed 

ML12341A216 Proposed ML14093A273 

Comments 03/28/2013 ML13035A121 Comments 07/24/2014 ML14093A168 

Part 3Parts 

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 Proposed ML14093A273 

No Comments 11/03/2009 ML092870528 No Comments 07/24/2014 ML14093A168 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 License 

Condition ML083370040 Proposed ML14093A273 

No Comments 12/17/2008 ML083390033 Comments 07/24/2014 ML14093A168 

2007-1 Medical Use of Byproduct Material - Minor 

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

10/29/2010 Proposed 

ML12341A216 Proposed ML14093A273 

Comments 03/28/2013 ML13035A121 Comments 07/24/2014 ML14093A168 

Part 3Part 3
10 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

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 

ML14093A273 

Comments 07/24/2014 ML14093A168 

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 Proposed ML14093A273 

Comments 03/28/2013 ML13035A121 Comments 07/24/2014 ML14093A168 

Part 3Parts 

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 Proposed 

ML14093A273 

No Comments 07/24/2014 ML14093A168 

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 

Part 3

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 Proposed 

ML14093A273 

No Comments 07/24/2014 ML14093A168 

Parts 
11 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

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 Proposed 

ML14325A633 

Comments 12/31/2014 ML14342A832 

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 Proposed 

ML14093A273 

Comments 07/24/2014 ML14093A168 

2012-2 Advance Notification to Native American Tribes of 

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

08/10/2015 Proposed 

ML15042A534 

Comments 03/10/2015 ML15042A264 

Note: refererelated part of 

2012-3 Technical Corrections 

Part 30, 34, 40 and 71 77 FR 39899 

08/06/2015 Proposed 

ML15099A764 

No Comments 05/13/2015 ML15099A761 

2012-4 Requirements for Distribution of Byproduct 

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

10/23/2015 Proposed 

ML15133A476 

Comments 06/04/15 ML15159A989 

*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 Proposed 

ML15303A132 

Comments 11/30/2015 ML15303A124 

2013-2 Distribution of Source Material to Exempt Persons 

and to General Licensees and Revision of General License and Exemptions Parts 30, 40, and 70 78 FR 32310 

08/27/2016 
12 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Letter 

Outgoing Package 

Notes 

2015-1 Domestic Licensing of Special Nuclear Material – 

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 

01/26/2018 

2015-2 Safeguards Information - Modified Handling 

Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 

01/28/2018 

2015-3 Revisions to Transportation Safety Requirements 

and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 

07/13/2018 

2015-4 Miscellaneous Corrections, Parts 37 and 40 

80 FR 45841 

09/02/2018 

i 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