Consolidated Guidance 

About Materials Licenses

Guidance for Agreement State Licensees 

About NRC Form 241 “Report of Proposed 

Activities in Non-Agreement States, Areas 

of Exclusive Federal Jurisdiction, or 

Offshore Waters” and Guidance for NRC

Licensees Proposing to Work in 

Agreement State Jurisdiction (Reciprocity)

Final Report

Office of Nuclear Material Safety and Safeguards

NUREG-1556

Volume 19, Rev. 1

Consolidated Guidance 

About Materials Licenses

Guidance for Agreement State Licensees 

About NRC Form 241 “Report of Proposed 

Activities in Non-Agreement States, Areas 

of Exclusive Federal Jurisdiction, or 

Offshore Waters” and Guidance for NRC 

Licensees Proposing to Work in

Agreement State Jurisdiction (Reciprocity)

Final Report

Manuscript Completed: February 2016 

Date Published: June 2016 

Prepared by: 

L. Cuadrado 

C. Gordon

D. Lenehan

J. Olmstead

M. Simmons

G. Warren

Office of Nuclear Material Safety and Safeguards 

NUREG-1556

Volume 19, Rev. 1

iii 

ABSTRACT 

This technical report contains information intended to provide program-specific guidance and 

assist applicants and licensees in meeting the requirements for a general license under 

Title 10 of the Code of Federal Regulations (10 CFR) 150.20, “Recognition of Agreement State 

Licenses,” by describing the types of information needed from the licensee to complete 

NRC Form 241, “Report of Proposed Activities in Non-Agreement States, Areas of Exclusive 

Federal Jurisdiction, or Offshore Waters.” This report should be used in preparing requests for 

NRC Form 241; however, the guidance contained in this report does not represent new or 

proposed regulatory requirements. It is intended for use by Agreement State licensees, NRC 

licensees, and NRC staff, and it will also be available to Agreement States. This document 

also provides contact organization guidance to NRC licensees who wish to work in 

Agreement States. 

Paperwork Reduction Act Statement 

This NUREG contains information collection requirements that are subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These information collections were approved 

by the Office of Management and Budget (OMB), approval numbers 3150-00014; 3150-0017; 

3150-0016; 3150-0007; 3150-0010; 3150-0214; 3150-0130; 3150-0020; 3150-0070; and 3150-

0013. 

Public Protection Notification 

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for 

information or an information-collection requirement unless the requesting document displays a 

currently valid OMB control number. 

v 

FOREWORD 

The U.S. Nuclear Regulatory Commission’s (NRC’s) NUREG–1556 technical report series 

provides a comprehensive source of reference information about various aspects of materials 

licensing and materials program implementation. These reports, where applicable, describe a 

risk-informed, performance-based approach to licensing consistent with the current regulations. 

The reports are intended for use by applicants, licensees, license reviewers, and other NRC 

personnel. The NUREG–1556 series currently includes the following volumes: 

Volume No. Volume Title 

1 Program-Specific Guidance About Portable Gauge Licenses 

2 Program-Specific Guidance About Industrial Radiography Licenses 

3 Applications for Sealed Source and Device Evaluation and Registration 

4 Program-Specific Guidance About Fixed Gauge Licenses 

5 Program-Specific Guidance About Self-Shielded Irradiator Licenses 

6 Program-Specific Guidance About 10 CFR Part 36 Irradiator Licenses 

7 Program-Specific Guidance About Academic, Research and Development, and 

Other Licenses of Limited Scope Including Electron Capture Devices and X-Ray 

Fluorescence Analyzers 

8 Program-Specific Guidance About Exempt Distribution Licenses 

9 Program-Specific Guidance About Medical Use Licenses 

10 Program-Specific Guidance About Master Materials Licenses 

11 Program-Specific Guidance About Licenses of Broad Scope 

12 Program-Specific Guidance About Possession Licenses for Manufacturing 

and Distribution 

13 Program-Specific Guidance About Commercial Radiopharmacy Licenses 

14 Program-Specific Guidance About Well Logging, Tracer, and Field Flood 

Study Licenses 

15 Guidance About Changes of Control and About Bankruptcy Involving 

Byproduct, Source, or Special Nuclear Materials Licenses 

16 Program-Specific Guidance About Licenses Authorizing Distribution to 

General Licensees 

17 Program-Specific Guidance About Special Nuclear Material of Less Than 

Critical Mass Licenses 

18 Program-Specific Guidance About Service Provider Licenses 

19 Guidance for Agreement State Licensees About NRC Form 241 “Report of 

Proposed Activities in Non-Agreement States, Areas of Exclusive Federal 

Jurisdiction, or Offshore Waters” and Guidance for NRC Licensees Proposing to 

Work in Agreement State Jurisdiction (Reciprocity) 

20 Guidance About Administrative Licensing Procedures 

21 Program-Specific Guidance About Possession Licenses for Production of 

Radioactive Materials Using an Accelerator 

The current document, NUREG–1556, Volume 19, Revision 1, “Guidance for Agreement State 

Licensees About NRC Form 241 “Report of Proposed Activities in Non-Agreement States, 

Areas of Exclusive Federal Jurisdiction, or Offshore Waters” and Guidance for NRC Licensees 

Proposing to Work in Agreement State Jurisdiction (Reciprocity),” is intended for use by 

applicants, licensees, and NRC staff. This revision provides a general update to the previous 

information contained in NUREG–1556, Volume 19, dated December 2000. 
vi 

A team composed of staff from NRC Headquarters and NRC regional offices prepared this 

document, drawing on their collective experience in radiation safety in general and as 

specifically applied to reciprocal recognition of Agreement State licenses. 

This document describes methods acceptable to the NRC staff for implementing specific parts 

of the Commission’s regulations; the process the NRC staff use to evaluate reports; and data 

the NRC staff need to review reports of reciprocity activities. The Agreement States have 

established comparable programs to handle reciprocity activities in their states. NUREG–1556, 

Volume 19, Revision 1, is not a substitute for NRC or Agreement State regulations. The 

approaches and methods described in this report are provided for information only. Methods 

and solutions different from those described in this report may be acceptable if they include a 

basis for the NRC staff to make the determinations needed to approve a reciprocity request. 

The comments received during the comment period for NUREG–1556, Volume 19, Revision 1, 

were summarized and addressed in a document that can be located on the NRC’s Agencywide 

Documents Access and Management System (ADAMS) under ML16056A319. Access to 

ADAMS is available on the public Web site at http://www.nrc.gov/reading-rm/adams.html. The 

comments received by NRC included general corrections and comments on jurisdiction. 

________________________________________ 

Daniel S. Collins, Director 

Division of Material Safety, State, Tribal, and Rulemaking Programs 

Office of Nuclear Material Safety and Safeguards
vii 

TABLE OF CONTENTS 

ABSTRACT ................................................................................................................................. iii 

FOREWORD ................................................................................................................................. v 

FIGURES ..................................................................................................................................... ix 

TABLES ....................................................................................................................................... ix 

ACKNOWLEDGMENTS .............................................................................................................. xi 

ABBREVIATIONS ..................................................................................................................... xiii 

DEFINITIONS ............................................................................................................................. xv 

1 PURPOSE OF REPORT ................................................................................................ 1-1

2 RECIPROCAL RECOGNITION OF SPECIFIC LICENSES ........................................... 2-1

2.1 Enforcement ....................................................................................................... 2-3

2.2 Reporting Requirements .................................................................................... 2-3

2.3 Federal Agency Activities ................................................................................... 2-3

2.4 Manufacturer, Installer, and Servicer Activities .................................................. 2-3

2.5 Activities in Agreement States ............................................................................ 2-4

2.6 Exclusive Federal Jurisdiction ............................................................................ 2-7

2.7 Offshore Waters and the Great Lakes ................................................................ 2-8

2.8 Nuclear Reactor Facilities .................................................................................. 2-9

2.9 Tribal Lands ...................................................................................................... 2-10

2.10 Commercial Launch Operations ....................................................................... 2-10

2.11 Activities in Antarctica ...................................................................................... 2-11

2.12 Activities in U.S. Territories .............................................................................. 2-12

3 MANAGEMENT RESPONSIBILITY .............................................................................. 3-1

3.1 Commitments and Responsibilities .................................................................... 3-1

3.2 Safety Culture ..................................................................................................... 3-2

4 APPLICABLE REGULATIONS ..................................................................................... 4-1

5 HOW TO FILE ................................................................................................................ 5-1

5.1 Application Preparation ...................................................................................... 5-1

5.2 Where to File ...................................................................................................... 5-1

5.3 Acceptable Means of Initial Filing ....................................................................... 5-1

5.4 Electronic Applications ....................................................................................... 5-2

6 RECIPROCITY FEES .................................................................................................... 6-1

7 CONTENTS OF NRC FORM 241 .................................................................................. 7-1

7.1 Item 1: Name of Licensee ................................................................................. 7-1

7.2 Item 2: Type of Report ....................................................................................... 7-1

7.3 Item 3: Address of Licensee .............................................................................. 7-2

7.4 Item 4: Licensee Contact and Title .................................................................... 7-2

7.5 Item 5: Office Telephone and Work Cell Numbers ............................................ 7-2

7.6 Item 6: Facsimile Number.................................................................................. 7-2

7.7 Item 7: E-Mail Address ...................................................................................... 7-2

7.8 Item 8: Activities To Be Conducted In Non-Agreement States Under the 

General License Given in 10 CFR 150.20 .......................................................... 7-2

7.9 Item 9: Client Name, Address, City/County, State, ZIP Code ........................... 7-3
viii 

7.10 Item 10: Actual Physical Address of Work Location .......................................... 7-3

7.11 Item 11: Client Telephone Number.................................................................... 7-5

7.12 Item 12: Work Location Office Telephone and Cell Numbers ........................... 7-5

7.13 Item 13: Dates Scheduled ................................................................................. 7-5

7.14 Item 14: Number of Work Days ......................................................................... 7-6

7.15 Item 15: Add ...................................................................................................... 7-6

7.16 Item 16: Delete .................................................................................................. 7-6

7.17 Item 17: Location Reference Number ................................................................ 7-6

7.18 Item 18: List Radioactive Material, Which Will Be Possessed, Used, 

Installed, Serviced, or Tested ............................................................................. 7-6

7.19 Item 19: Agreement State Specific License Which Authorizes the 

Undersigned To Conduct Activities Which Are the Same Except for 

Location of Use .................................................................................................. 7-7

7.20 Item 20: Certification ......................................................................................... 7-8

8 IDENTIFYING AND PROTECTING SENSITIVE INFORMATION ................................. 8-1

8.1 Response from the Licensee or Applicant .......................................................... 8-3

APPENDICES 

APPENDIX A—U.S. NUCLEAR REGULATORY COMMISSION FORM 241 ......................... A–1 

APPENDIX B—RECOMMENDED PROCEDURE TO OBTAIN JURISDICTION 

DETERMINATIONS FOR FEDERAL SITES .................................................. B–1 

APPENDIX C—U.S. NUCLEAR REGULATORY COMMISSION FORM 629— 

AUTHORIZATION FOR PAYMENT BY CREDIT CARD ............................... C–1 

APPENDIX D—CHECKLIST FOR REQUESTS TO WITHHOLD PROPRIETARY 

INFORMATION FROM PUBLIC DISCLOSURE (UNDER 10 CFR 2.390) ... D–1 

APPENDIX E—SAFETY CULTURE POLICY STATEMENT ................................................... E–1 
ix 

FIGURES 

Figure Page 

2-1 Reciprocity ..................................................................................................................... 2-1 

2-2 U.S. Map: Locations of NRC Offices and Agreement ................................................... 2-6 

7-1 Work Location ................................................................................................................ 7-4 

7-2 Remote Work Location ................................................................................................... 7-5 

TABLES 

Table Page 

2-1 Do I Need to File for Reciprocity? .................................................................................. 2-4 

3-1 Traits of a Positive Safety Culture .................................................................................. 3-3 

xi 

ACKNOWLEDGMENTS 

The working group thanks the following individuals for assisting in the review and update of the 

report. All participants provided valuable insights, observations, and recommendations. 

The working group would like to thank the staff in the regional offices of NRC and all of the 

States who provided comments and technical information that assisted in the development of 

this report. 

The working group also thanks Tomas Herrera, Lisa Dimmick, John O’Donnell, Monica Ford, 

Tara Weidner, and Duane White for developing the formatting and language used in many parts 

of the report.

The Participants for this Revision: 

Cuadrado, Leira 

Gordon, Craig 

Lenehan, Daniel 

Olmstead, Joan 

Simmons, Michelle 

Warren, Geoffrey

xiii 

ABBREVIATIONS 

ADAMS Agencywide Documents Access and Management System 

AEA Atomic Energy Act of 1954, as amended 

COC certificate of compliance 

CFR Code of Federal Regulations

DOT U.S. Department of Transportation 

FAA Federal Aviation Administration 

GPS global positioning system 

IN information notice 

NMSS Office of Nuclear Material Safety and Safeguards 

mCi millicuries 

MOU Memorandum of Understanding 

NSF National Science Foundation 

NRC U.S. Nuclear Regulatory Commission 

OMB Office of Management and Budget 

PII Personally Identifiable Information 

RIS regulatory issue summary 

RSO radiation safety officer 

SA State Agreement 

U.S.C. United States Code

xv 

DEFINITIONS 

For the purpose of this document, the following definitions apply: 

Agreement State. Any State with which the U.S. Nuclear Regulatory Commission (NRC) or the 

Atomic Energy Commission has entered into an effective agreement under Subsection 274b of 

the Atomic Energy Act (AEA) of 1954, as amended. 

Change. Providing information, on NRC Form 241, “Report of Proposed Activities in 

Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters,” or the 

equivalent, that modifies items approved in the initial filing. This may include changes to the 

(i) radioactive material; (ii) change of licensee address, contact, telephone number, or fax 

number; (iii) change of client telephone number, work location, or Global Positioning System 

(GPS) data; (iv) addition or deletion of days of use for an already registered location; change in 

information about already registered devices; or (v) updating of the expiration date of a license. 

Changes filed electronically or by facsimile are considered acceptable if the licensee receives 

telephone or facsimile confirmation that NRC has received the submittal. 

Exclusive Federal Jurisdiction. An area over which the Federal government exercises legal 

control, without interference from the jurisdiction and administration of State law. 

Filing. Filing is the submittal of documents to NRC to report proposed activities in 

non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters. Filing of 

Form 241 will be considered complete when the documents are received and acknowledged 

by NRC. 

Initial Filing. Notification to NRC on the first NRC Form 241 filed within a calendar year by an 

Agreement State licensee requesting reciprocity for activities conducted in non-Agreement 

States, areas of exclusive Federal jurisdiction, or offshore waters. This initial filing may be for 

multiple locations, clients, and unspecified dates of use until work activities are initiated. NRC 

Form 241 shall be filed at least 3 calendar days before engaging in the proposed activity for the 

first time. The filing must include completed information on NRC Form 241, the appropriate fee, 

and one copy of the Agreement State license authorizing the proposed activity. 

Non-Agreement State. Any State that is not an Agreement State. 

Offshore Waters. That area of land and water beyond the Agreement States’ Submerged 

Lands Act jurisdiction on or above the U.S. Outer Continental Shelf. 

Reciprocity. Commission recognition of applicable Agreement State licenses for work 

performed in areas of NRC jurisdiction. This term is also used in Agreement States with regard 

to Agreement State recognition of NRC licenses, as well as licenses from other Agreement 

States, for work performed within their jurisdiction. 

Reciprocity Activities. Activities conducted by Agreement State licensees in non-Agreement 

States, areas of exclusive Federal jurisdiction, and offshore waters, under the general license 

provisions of Title 10 of the Code of Federal Regulations (10 CFR) 150.20, “Recognition of 

Agreement State Licenses.”

1-1 

1 PURPOSE OF REPORT 

This report provides information important to Agreement State licensees on submitting the 

U.S. Nuclear Regulatory Commission (NRC) Form 241, “Report of Proposed Activities in 

Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters” 

(see Appendix A of this NUREG). For initial engagement in licensed activities in NRC 

jurisdiction during a calendar year, the NRC regional office where the Agreement State is 

located must receive NRC Form 241 at least 3 calendar days before the Agreement State 

licensee engages in activities permitted under the General License, established by Title 10 of 

the Code of Federal Regulations (10 CFR) 150.20, “Recognition of Agreement State Licenses.” 

For changes to NRC Form 241, submitted changes should be complete and receive NRC 

review before the licensee implements the change. This report also contains NRC’s criteria for 

evaluating NRC Form 241. In addition, it provides NRC or Agreement State licensees seeking 

to conduct licensed activities in areas subject to the regulatory authority of an Agreement State 

with basic information on contacting the appropriate Agreement State Radiation Control 

Program Office to either obtain a specific license from that Agreement State or comply with the 

reciprocity requirements of that Agreement State. This information on contacting the 

appropriate Agreement State Radiation Control Program Office would also apply to Agreement 

State licensees seeking to conduct licensed activities within another Agreement State. 

This document is intended to be used for all NRC byproduct, source, and special nuclear 

material licenses that are licensed in accordance with 10 CFR Parts 30, 34, 35, 39, 40, and 70; 

and for all Agreement State byproduct, source, and special nuclear material licenses that are 

licensed in accordance with the corresponding Agreement State regulations, provided that they 

include authorization for the use of licensed material at temporary jobsites. (Note: The text of 

these and other NRC regulations may be found at http://www.nrc.gov/reading-rm/doccollections/cfr/.) 

It is necessary for a licensee to verify the jurisdictional status of the area of proposed activities 

to determine whether NRC or an Agreement State has regulatory authority. Chapter 2 of this 

report provides information on determining the jurisdictional status of areas of proposed 

activities. Information about the specific requirements for particular uses of licensed materials 

may be found in the applicable volume of the NUREG–1556, “Consolidated Guidance About 

Materials Licenses,” series, or in other appropriate NRC guidance documents. 

This report also identifies general information that is needed to request changes to the 

information provided in an initial NRC Form 241 (see Appendix A of this NUREG). The 

information collection requirements in 10 CFR Parts 30, 34, 35, 39, 40, and 70 and in NRC 

Form 241 have been approved under Office of Management and Budget Clearance Nos. 

3150-0007, 3150-0009, 3150-0010, 3150-0013, 3150-0017, 03150-0020, and 3150-0130, 

respectively. 

NRC Form 241 may not have sufficient space for applicants to provide full responses to Items 8 

through 15 for additional clients, locations, and specific dates of scheduled work activities; as 

indicated on the form, the information pertinent to those items is to be provided on separate 

sheets of paper and submitted with the completed NRC Form 241. Chapter 8 of this NUREG 

provides information for properly protecting proprietary information, such as a client list, that is 

submitted to NRC along with NRC Form 241. 

2-1 

2 RECIPROCAL RECOGNITION OF SPECIFIC LICENSES 

U.S. Nuclear Regulatory Commission (NRC) regulations in Title 10 of the Code of Federal 

Regulations (10 CFR) 30.3, “Activities Requiring License,” require that, “except...for persons 

exempt as provided for in this part and Part 150 of this chapter, no person shall manufacture, 

produce, transfer, receive, acquire, own, possess, or use byproduct material except as 

authorized in a specific or general license issued in accordance with the regulations in 

this chapter.” 

NRC and Agreement State-specific licensees are responsible for determining, in advance, the 

jurisdictional status of the temporary jobsite where they plan to conduct licensed activities. 

Figure 2-1. Reciprocity: Performing Work in Other Jurisdictions Is Possible Through 

Reciprocal Recognition of Specific Licenses. 

In 10 CFR 150.20, NRC provides that, under certain conditions, “any person who holds a 

specific license from an Agreement State, where the licensee maintains an office for directing 

the licensed activity and retaining radiation safety records, is granted a general license to 

Agreement

State

Jurisdiction

NRC

Jurisdiction

1556-049.ppt

050400

NRC

Jurisdiction

Agreement State

Jurisdiction

Agreement

State

Jurisdiction

NRC

Jurisdiction

1556-049.ppt

050400

NRC

Jurisdiction

Agreement State

Jurisdiction
2-2 

conduct the same activity in—(i) Non-Agreement States; (ii) Areas of exclusive Federal 

jurisdiction within Agreement States; and (iii) Offshore waters.” 

Note that the requirements in 10 CFR 150.20(b)(5) require that those operating under a general 

license are subject to NRC regulations, as well as those terms and conditions of their 

Agreement State license. 

Agreement State licensees who wish to conduct licensed activities in a non-Agreement State, in 

an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters should 

contact NRC regional office for the Agreement State that issued their license. See Figure 2-2 

for the appropriate addresses, telephone numbers, and a map of NRC Office locations and the 

Agreement States. 

Activities conducted under the general license granted by 10 CFR 150.20 are limited to 

180 days in any calendar year. An exception to this limit is that activities in offshore waters may 

be conducted for an unlimited period of time. Throughout the year, Agreement State licensees 

should track work activities to ensure that they do not exceed the 180-day limit.

Agreement State licensees who propose to conduct licensed activities in NRC jurisdiction must 

either obtain a specific NRC license or file for reciprocity by submitting an NRC Form 241 with 

the appropriate NRC regional office in which the Agreement state that issued the license is 

located. As described in the definition section of this document, the initial filing of NRC 

Form 241 shall be filed at least 3 calender days before engaging in each activity for the first time 

in a calendar year. An NRC-signed copy of NRC Form 241 will be returned to the licensee to 

acknowledge its approval. 

If a submittal cannot be filed 3 calender days before the proposed activity because of an 

unusual circumstance, such as an emergency, the Regional Administrator may waive the 3-day 

time requirement, provided that the remaining provisions of 10 CFR 150.20(b)(1) are satisfied. 

Emergency requests should be directed to the appropriate regional office by telephone before 

initiation of the activity and will be reviewed on a case-by-case basis. 

Chapter 7 of this report provides specific instructions on completing NRC Form 241. Agreement 

State licensees conducting licensed activities in NRC jurisdiction must comply with the terms of 

their Agreement State license and with all applicable NRC rules and regulations. 

The intent of 10 CFR 150.20 is to allow Agreement State licensees to work at temporary 

jobsites in NRC jurisdiction for a limited period of time, without having to obtain a specific NRC 

license. If a company has more than one Agreement State license, it must submit a separate 

NRC Form 241 for work conducted under each Agreement State license used during the 

calendar year. 

If the company has more than one Agreement State license and proposes to perform the same 

type of licensed activity under another separate license, it cannot exceed the 180-day limit 

under reciprocity for that work activity. For example, a company authorized to conduct 

radiography under both a Texas license and a Mississippi license will have its radiography 

activities in NRC jurisdiction limited to 180 days in a calendar year. 

However, a legal entity holding two or more Agreement State licenses for different activities may 

file one NRC Form 241 for each type of activity in any calendar year. For example, a company 

authorized to conduct radiography under a New Mexico license and gauge work under a 
2-3 

Colorado license may file a separate NRC Form 241 for each activity, allowing 180 days for 

radiography and 180 days for gauge work in NRC jurisdiction in a calendar year. 

Failure to file NRC Form 241 or obtain approval from the Regional Administrator can result in 

enforcement action, which may include civil penalties. 

2.1 Enforcement 

Agreement State licensees may be subject to NRC enforcement action, should they fail to file 

for reciprocity or obtain a specific NRC license before working in non-Agreement States, areas 

of exclusive Federal jurisdiction within Agreement States, or in offshore waters. In addition, 

Agreement State licensees operating under reciprocity within NRC jurisdiction are subject 

to NRC inspection and to enforcement actions when violations are found during an 

NRC inspection. 

For information on NRC inspection, investigation, enforcement, and other compliance programs, 

see the current version of NRC Enforcement Policy and Guidance and the appropriate NRC 

Inspection Manual chapters. The current version of NRC Enforcement Policy and Guidance is 

available electronically at http://www.nrc.gov/about-nrc/regulatory/enforcement.html. 

2.2 Reporting Requirements 

In accordance with 10 CFR 20.2201, “Reports of theft or loss of license material,” licensees are 

required to report the theft or loss of radioactive material. In addition, licensees, in accordance 

with 10 CFR 30.50, 10 CFR 40.60, and 10 CFR 70.50, “Reporting Requirements,” are required 

to report instances that could lead to exposures to radiation or radioactive materials. This 

includes failures of safety components, unplanned contamination, etc. 

For immediate notifications, licensees can contact NRC Operations Center at 301-816-5100. 

The Center is staffed 24 hours a day and accepts collect calls. 

2.3 Federal Agency Activities 

Federal agencies licensed by NRC are not subject to Agreement State radiation control 

regulations. Thus, Federal licensees who are authorized to work at temporary jobsites under 

their NRC licenses may do so anywhere in the U.S. and its territories. The U.S. Department of 

Energy and, under most circumstances, its prime contractors are exempt from licensing, in 

accordance with 10 CFR 30.12, “Persons using byproduct material under certain Department of 

Energy and Nuclear Regulatory Commission contracts,” 10 CFR 40.11, “Persons using source 

material under certain Department of Energy and Nuclear Regulatory Commission contracts,” 

and 10 CFR 70.11, “Persons using special nuclear material under certain Department of Energy 

and Nuclear Regulatory Commission contracts.” 

2.4 Manufacturer, Installer, and Servicer Activities 

NRC regulations in 10 CFR 31.6, “General License To Install Devices Generally Licensed in 

§ 31.5,” refer to the installation of generally licensed devices under 10 CFR 31.5, “Certain 

Detecting, Measuring, Gauging, or Controlling Devices and Certain Devices for Producing Light 

or an Ionized Atmosphere,” and other authorized activities. The manufacturer, installer, or 

servicer of a device who holds a specific license, as described in §31.5 from NRC or an 
2-4 

Agreement State, and meets the requirements in §31.6, may perform those functions anywhere 

in NRC jurisdiction without filing for reciprocity, including in offshore waters, as defined in 

10 CFR 150.20. 

2.5 Activities in Agreement States 

NRC licensees who wish to conduct licensed activities in an Agreement State and Agreement 

State licensees who wish to conduct licensed activities in an Agreement State other than their 

own should contact the appropriate Agreement State’s Radiation Control Program Office for 

information about that State’s regulations and filing process. If the work location is in an 

Agreement State and is not an area of exclusive Federal jurisdiction nor within the protected or 

controlled access area of an NRC licensed facility, these activities are regulated by the 

Agreement State Radiation Control Program Office, not by NRC. Each Agreement State has its 

own regulations that allow reciprocity activities within its State. 

Reciprocity filing relates to NRC licensees, particularly radiographers, well loggers, and portable 

gauge users, who are authorized to use radioactive material at temporary jobsites. However, 

this authorization does not permit operations in Agreement State jurisdiction (except for 

licensees who are Federal agencies). In these circumstances, NRC licensees and Agreement 

State licensees are subject to the appropriate Agreement State’s regulations. 

Agreement States have reciprocity provisions that permit NRC licensees to perform work using 

NRC-licensed radioactive materials in their States. To ensure compliance with the Agreement 

State’s reciprocity requirements, licensees are advised to request authorization from the 

appropriate regulatory authority well in advance of the scheduled use of licensed material. A 

current list of Agreement States (including names, addresses, and telephone numbers of 

responsible officials) is available at https://scp.nrc.gov. 

Reciprocity applicants may use the following Table to determine whether reciprocity filing is 

needed once the regulatory authority over the proposed work location has been 

determined. The table may not cover all jurisdictional situations. Contact the appropriate 

regional office if there are questions about work activities at a particular area. 

Table 2-1. Do I Need To File for Reciprocity?1

License Issued by 

Proposed Work 

Location 

Regulatory 

Authority 

Reciprocity 

Needed? 

NRC to a Federal 

agency 

Agreement State or 

non-Agreement State 

NRC No 

NRC to licensee other 

than a Federal 

agency 

In non-Agreement 

State, U.S. territory, 

possession, or in 

offshore Federal 

waters 

NRC No 

 

 

1

For additional jurisdictional guidance, refer to the NMSS procedures in the State Agreement (SA) series, SA-500, 

“Jurisdiction Determination,” which is available at https://scp.nrc.gov.
2-5 

Table 2-1. Do I Need To File for Reciprocity? (Continued)

License Issued by

Proposed Work 

Location

Regulatory 

Authority

Reciprocity 

Needed?

NRC to licensee other 

than a Federal 

agency 

Agreement State at 

federally controlled 

site subject to 

exclusive Federal 

jurisdiction 

(e.g. VA hospital) 

NRC No 

NRC to licensee other 

than a Federal 

agency 

Agreement State at 

federally controlled 

site not subject to 

exclusive Federal 

jurisdiction 

(e.g., private hospital) 

Agreement State2

 Yes—file with 

Agreement State 

Agreement State Non-Agreement State 

or other areas under 

NRC jurisdiction 

NRC Yes—file with NRC 

Agreement State Exclusive Federal 

jurisdiction—within an 

Agreement State 

NRC Yes—file with NRC 

Agreement State Other Agreement 

State at federally 

controlled site not 

subject to exclusive 

Federal jurisdiction 

Other Agreement 

State 

Yes—file with 

Agreement State 

having regulatory 

authority 

Agreement State Other Agreement 

State 

Other Agreement 

State 

Yes—file with Other 

Agreement State 

Agreement State Federally recognized 

Indian Tribe3

reservation or Tribal 

areas of exclusive 

Federal jurisdiction 

NRC Yes—file with NRC 

 

2

Section 274m. of the Atomic Energy Act (AEA) withholds to the NRC regulatory authority over radioactive materials 

covered under the Section 274b. agreements when the activity can affect the Commission’s authority to protect the 

common defense and security, to protect restricted data, or guard against the loss or diversion of special nuclear 

material. (This is an uncommon situation, that NRC usually evaluates on a case-by-case basis.) Individuals or 

companies wishing to possess or use licensed material should contact the licensee to determine the jurisdictional 

status for specific AEA radioactive materials they intend to possess or use. 

3

For the purposes of this guidance, an “Indian Tribe” is defined as an Indian or Alaska Native tribe, band, nation, 

pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe, pursuant to 

the Federally Recognized Indian Tribe List Act of 1994. A list of federally recognized tribes is available at 

www.bia.gov.”
2-6 

Table 2-1. Do I Need To File for Reciprocity? (Continued)

License Issued by

Proposed Work 

Location

Regulatory 

Authority

Reciprocity 

Needed?

Agreement State In Agreement State 

conducting industrial 

radiography at a Part 

50 or 52 reactor site, 

including construction, 

preoperational, and 

operational phases 

 Agreement State No—If license is from 

that Agreement State 

Yes—If license is 

from a different 

Agreement State 

NRC In Agreement State 

conducting industrial 

radiography at a Part 

50 or 52 reactor site, 

including construction, 

preoperational, and 

operational phases 

 Agreement State Yes—File with 

Agreement State 

Figure 2-2. U.S. Map: Locations of NRC Offices and Agreement States 

4

Locations of NRC Offices and Agreement States

4

Current regional office address can be verified at http://www.nrc.gov/about-nrc/locations.html 
2-7 

2.6 Exclusive Federal Jurisdiction 

An area of exclusive Federal jurisdiction is an area over which the Federal Government 

exercises legal control without interference from the jurisdiction and administration of State law. 

This means that, in such areas, the Federal Government has sole jurisdiction for both civil 

(e.g., regulatory) and criminal matters. This sole jurisdiction includes issues involving health 

and environmental protection, such as the regulation of radioactive material use. Federal 

ownership of land does not necessarily mean that licensees are subject to NRC regulatory 

control when working on that site. Whether a Federal enclave is an area of exclusive Federal 

jurisdiction must be determined case by case because the status of such land is subject to 

change. Many, but not all, of these areas are on military bases where, for purposes of national 

security, the Federal Government maintains exclusive control. 

Agreement State licensees cannot conduct licensed operations in areas of exclusive Federal 

jurisdiction without either (i) filing NRC Form 241 for reciprocity, in accordance with 

10 CFR 150.20(b), or (ii) obtaining a specific NRC license. Information about the specific NRC 

requirements for particular uses of licensed materials may be found in the applicable volume of 

the NUREG–1556 series or other appropriate guidance documents. 

NRC cannot effectively maintain accurate information about the jurisdictional status of Federal 

lands or facilities throughout the country, because of the large number of sites and the fact that 

their status is constantly changing. 

If you intend to conduct licensed activities at a federally controlled site (e.g., a federally 

controlled site in an Agreement State), you should determine the jurisdictional status of the site 

prior to conducting such activities. 

If you are uncertain about the jurisdictional status of a proposed jobsite, take the following steps 

(The steps can also be found in Appendix B): 

(1) Obtain specific information about the location of the proposed jobsite (e.g., street 

address, range/township, building or hangar number, distance from a specific 

intersection, or other identifying details) and the identity of the Federal agency 

controlling the proposed jobsite. 

(2) Call the Federal agency's local contact (e.g., contract officer, base environmental health 

officer, judge advocate general district office staff, regional office staff, regional counsel) 

and request a written statement or supporting information about the jurisdictional status 

of the proposed jobsite. Document the name and title of the person at the Federal 

agency who provided the determination and the date that it was provided. 

(3) If the jobsite is identified as falling under “Exclusive Federal Jurisdiction” or other NRC 

licensed facility that has a controlled access/protected area and you are an Agreement 

State licensee, submit your notification of proposed work (NRC Form 241) and, if 

available, a copy of the statement of jurisdiction from the agency to the appropriate NRC 

regional office shown above. In lieu of submitting an NRC Form 241, Agreement State 

licensees may apply for a specific NRC license to operate in areas under NRC 

jurisdiction. If you are an NRC licensee, no action is required. 

(4) If the jobsite is identified as other than “Exclusive Federal Jurisdiction” you should 

contact the Agreement State within which the facility exists. 
2-8 

(5) If the jobsite is on a federally recognized Tribal reservation or on other Tribal areas of 

exclusive Federal jurisdiction in an Agreement State, you should contact the appropriate 

NRC regional office as specified in 10 CFR 30.6, “Communications” to determine 

whether NRC or the Agreement State has regulatory authority over these areas. In 

Agreement States, non-federally recognized Tribal lands fall under the Agreement State 

regulatory authority. 

An Agreement State licensee found to be conducting licensed activities in an area of exclusive 

Federal jurisdiction without an NRC license or without filing for reciprocity under 10 CFR 150.20 

is potentially subject to escalated enforcement action, including civil penalties and orders. 

However, NRC will typically not take enforcement action against an Agreement State licensee 

for such violations, if the licensee has evidence that it received a determination from the Federal 

agency that the area is not under exclusive Federal jurisdiction. This evidence may be a written 

statement from the Federal agency that provided the determination and the date that it was 

provided, or a written record of the name and title of the person at the Federal agency who 

provided the determination and the date that it was provided. 

For information on NRC inspection, investigation, enforcement, and other compliance programs, 

see the current version of NRC Enforcement Policy and Guidance and the appropriate NRC 

Inspection Manual chapters. The current version of NRC Enforcement Policy and Guidance is 

available electronically at http://www.nrc.gov/about-nrc/regulatory/enforcement.html. 

2.7 Offshore Waters and the Great Lakes 

Offshore waters are defined as that area of land and water, beyond Agreement States’ 

Submerged Lands Act jurisdiction, on or above the U.S. Outer Continental Shelf. For most 

states, NRC maintains jurisdiction over licensed activities conducted in offshore waters beyond 

3 nautical miles off the coastline. NRC has jurisdiction beyond 9 nautical miles off the coastline 

for the State of Texas and Florida’s west coast. Effective April 26, 2000, NRC resumed 

jurisdiction over activities in offshore waters adjacent to the shoreline of the State of Louisiana. 

NRC regulation 10 CFR 34.41(c) requires that a licensee may conduct lay-barge, offshore 

platform or underwater radiography only if procedures have been approved by NRC or by 

an Agreement State. Licensees need to provide operating and emergency procedures for 

lay-barge, offshore platform, or underwater radiography that addresses the following 

safety aspects: 

 Procedures, as required to comply with 10 CFR 34.45(a), unique to offshore platform 

radiography, to minimize the potential for a source disconnect. 

 Emergency procedures, as required by 10 CFR 34.45(a), unique to offshore platform 

radiography, to address unintentional source disconnects and recovery. These 

procedures should address minimizing radiation exposure for all personnel on the 

offshore platform during a disconnect event, including considerations such as staff 

training, availability of portable shielding, survey instruments, dosimetry, and 

other equipment. 

 Operating procedures and practices, unique to offshore platform radiography, to ensure 

compliance with 10 CFR 34.41 requirements for personnel to be present during 

radiography and 10 CFR 34.46 requirements for supervision of radiography assistants. 
2-9 

 Operating procedures and practices, as required to comply with 10 CFR 34.45(a), to 

ensure that radiography personnel have the authority necessary to protect personnel on 

an offshore platform from radiation doses in excess of regulatory limits. These should 

include provisions to ensure that radiographic operations are conducted only in those 

locations shielded for such operations (if those enclosures are relied upon to control 

dose) and that radiographic personnel can direct personnel as necessary for 

radiation safety, both during normal operations and in the event of a disconnect or 

other emergency. 

Contact your state licensing agency and/or NRC if questions arise about the extent 

of jurisdiction in offshore waters. These specific questions will be decided on a 

case-by-case basis. 

In situations involving the determination of regulatory jurisdiction over submerged lands in the 

Great Lakes for the purposes of filing reciprocity, licenses should determine whether their 

jobsite is located south of the international boundary line running through the Great Lakes. 

The licensee would then determine which state has regulatory authority over the location of their 

jobsite. If the location is within the designated boundaries of an Agreement State waters, they 

should contact the appropriate Agreement State for reciprocity. If the waters are subject to a 

non-Agreement State regulatory authority, such as Michigan, the licensee should contact NRC 

for reciprocity. 

In 10 CFR 150.20(b)(4), NRC states, in part, that the general license granted in 

10 CFR 150.20(a) concerning activities in offshore waters authorizes any person who holds a 

specific license from an Agreement State to engage in the activities authorized for an unlimited 

period of time. In other words, activities conducted under reciprocity in offshore waters are not 

limited to 180 days in any calendar year. However, in accordance with 10 CFR 150.20(b)(1), 

an Agreement State licensee is required to file an initial NRC Form 241 for each calendar year 

in which it conducts activities in offshore waters. 

2.8 Nuclear Reactor Facilities 

For NRC 10 CFR Part 50 or 52 licensees, the possession and use of radioactive materials at a 

reactor facility used in connection with reactor operations are within NRC jurisdiction. 

When the possession and use of radioactive materials at a reactor facility are not used in 

connection with reactor operations, the rule of exclusive NRC jurisdiction at reactor facilities 

does not apply. For example, use of byproduct material for performance of industrial 

radiography is not under exclusive NRC jurisdiction. A firm that holds an NRC or Agreement 

State license that authorizes performance of radiography may perform radiography at reactor 

sites pursuant to that license. If the reactor facility is located within an Agreement State, 

reciprocity may be necessary to obtain the appropriate license for the performance of 

radiography from the Agreement State Radiation Control Program Office.” For licensed 

activities outside the protected area at reactor facilities within NRC jurisdiction, Agreement State 

licensees that possess or use Category 1 or Category 2 materials are subject to the physical 

protection requirements in 10 CFR Part 37. 
2-10 

The licensee should determine whether reciprocity should be filed with NRC or the Agreement 

State after the licensee has checked with local authorities and determined the jurisdiction of the 

proposed work area. 

For more information about how to determine exclusive Federal jurisdiction, see Appendix B of 

this NUREG or review NRC’s State Agreement (SA) Series, SA-500, “Jurisdiction 

Determination,” at https://scp.nrc.gov. Questions about exclusive Federal jurisdiction 

determination should be referred to the appropriate regional office. 

2.9 Tribal Lands 

On Tribal land, as implemented in 10 CFR Part 150, “Exemptions and Continued Regulatory 

Authority in Agreement States and in Offshore Waters Under Section 274,” NRC does not 

transfer regulatory authority to the States for federally recognized Tribe reservations or Tribal 

areas of exclusive Federal jurisdiction. Consequently, absent NRC written approval, a State 

may not regulate activities on a federally recognized Tribe reservation or Tribal areas of 

exclusive Federal jurisdiction. Agreement States have regulatory authority over non-federally 

recognized Tribal lands. 

Licensees who propose to conduct licensed activities on a federally recognized Tribe 

reservation or Tribal areas of exclusive Federal jurisdiction should contact the appropriate NRC 

regional office. NRC will enter into a dialogue with the involved Stakeholders [Agreement State, 

Native American representatives, licensee or applicant for approval of the proposed activity 

under the Atomic Energy Act of 1954, as amended (AEA)] concerning the jurisdictional question 

for the particular activity. 

Tribal Governments or Tribal members seeking a radioactive material license should contact 

the appropriate NRC regional office. 

Note: A federally recognized Tribe is an American Indian or Alaska Native tribal entity that is 

recognized as having a government-to-government relationship with the U.S., with the 

responsibilities, powers, limitations, and obligations attached to that designation, and is eligible 

for funding and services from the Bureau of Indian Affairs. State only recognized Tribes are 

those that have not been recognized by the Federal government. The status of the Tribe and 

Tribal land will determine whether NRC or Agreement State has jurisdiction authority over the 

activities in a specific area. 

For more information about how to determine exclusive Federal jurisdiction, see Appendix B to 

this volume or review NRC’s State Agreement (SA) Series, SA-500, “Jurisdiction 

Determination,” at http://nrc-stp.ornl.gov. Questions about exclusive Federal jurisdiction 

determination should be referred to the appropriate Regional Office. 

2.10 Commercial Launch Operations 

Commercial space launches are carried out by the Office of the Associate Administrator for 

Commercial Space Transportation of the Federal Aviation Administration (FAA). The FAA’s 

jurisdiction over commercial space projects begins with the arrival of a launch vehicle at any 

launch site located in the U.S., and its jurisdiction extends to accidental payload reentries and 

in-orbit activities arising out of a launch. 
2-11 

Currently, commercial launches take place from Federal launch ranges operated by the 

U.S. Department of Defense and the National Aeronautics and Space Administration. Launch 

operators bring vehicles for launch to Federal ranges, such as Cape Canaveral Air Force 

Station, Vandenberg Air Force Base, White Sands Missile Range, and Wallops Flight Facility. 

Licensees who propose to conduct licensed activities as part of a space launch should contact 

the launch operators about jurisdiction at the launch range. 

To the extent that a commercial space venture would involve the possession and/or use of 

nuclear materials before any space vehicle arrives at the launch site, NRC would exercise 

jurisdiction within non-Agreement States and in areas of exclusive Federal jurisdiction within an 

Agreement State. 

2.11 Activities in Antarctica 

Antarctica is defined as that area of the world south of 60 degrees south latitude, as described 

in the International Antarctic Treaty (1959) and the Antarctic Conservation Act (16 U.S.C. 2401 

et seq.). 

Presidential Memorandum 6646, dated February 5, 1982, designates the National Science 

Foundation (NSF) as the executive Federal manager for the U.S. Antarctic Program, assigning 

the entire management responsibility to NSF. This includes activities involving the use of 

source, byproduct, and special nuclear material. Within its regulatory framework, NSF has 

adopted as policy the radiation protection standards for byproduct, source, and special nuclear 

material set forth in NRC regulations in 10 CFR Part 20, “Standards for Protection Against 

Radiation,” and U.S. Department of Transportation (DOT) regulations for packaging and 

transport of such radioactive materials. NSF ensures that the disposal of radioactive waste 

generated in Antarctica (but returned to the U.S. for disposal) is consistent with NRC, 

U.S. Environmental Protection Agency, and Agreement State requirements. 

Because of similar responsibilities, NRC and NSF issued a Memorandum of Understanding 

(MOU) on September 3, 1999. The purpose of this MOU is to clarify the responsibilities of NSF 

and NRC with respect to the safe use of radioactive materials in Antarctica, in order to avoid any 

duplication of effort and to ensure efficient management of those materials. The MOU provides 

that NRC will not exercise any authority under the AEA to regulate the use of byproduct, source, 

and special nuclear material in Antarctica and recognizes NSF’s regulatory oversight. 

Work in Antarctica does not require reciprocity filing. NRC and Agreement State licensees are 

encouraged to implement programs to ensure the safe use of radioactive materials when 

performing work activities in Antarctica under NSF jurisdiction. NRC or Agreement States, as 

appropriate, will resume regulatory authority over any byproduct, source, or special nuclear 

material that is regulated by NSF in Antarctica, if and when such material reenters the U.S. or 

its territories. 

Information about activities in Antarctica may be found on the NSF’s Web site at 

http://www.nsf.gov. As an alternative, contact the Director, Division of Polar Programs, National 

Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. 

 
2-12 

2.12 Activities in U.S. Territories 

Other areas over which NRC maintains jurisdiction are the U.S. Virgin Islands, Puerto Rico, and 

other U.S. territories, such as American Samoa, Johnston Atoll, and Guam. Agreement State 

licensees who plan work activities in U.S. territories must file NRC Form 241 to the appropriate 

NRC regional office. 
3-1 

3 MANAGEMENT RESPONSIBILITY 

The U.S. Nuclear Regulatory Commission (NRC) recognizes that effective management of 

radiation safety programs is vital to achieving safe, secure, and compliant operations. 

Consistent compliance with NRC regulations provides reasonable assurance that licensed 

activities will be conducted safely and that effective management will result in increased safety, 

security, and compliance. 

“Management,” as used in this volume, refers to the processes for conduct and control of a 

radiation safety program and to the individuals who are responsible for those processes and 

who have authority to provide necessary resources to achieve regulatory compliance. 

3.1 Commitments and Responsibilities 

It is the Agreement State licensee’s obligation to keep the information submitted in support of 

the general license established by Title 10 of the Code of Federal Regulations (10 CFR) 150.20 

current. The licensee must submit changes that affect any of the information provided in the 

initial NRC Form 241. 

The general license in 10 CFR 150.20 is established on a calendar-year basis. Therefore, an 

Agreement State licensee proposing to conduct licensed activities in NRC jurisdiction must file 

an initial NRC Form 241, before engaging in such activities for the first time, each calendar year. 

Licensed activities conducted in NRC jurisdiction, except for those conducted in offshore waters, 

are limited to 180 days in any calendar year. 

Generally, Agreement State licensee management has a responsibility for all aspects of the 

radiation safety program, including, but not limited to, the following: 

 radiation safety, security, and control of radioactive materials, and compliance 

with regulations 

 completeness and accuracy of the radiation safety records and all information provided 

to NRC (10 CFR 30.9, 10 CFR 40.9, 10 CFR 70.9, “Completeness and accuracy 

of information”) 

 knowledge of the contents of the current Agreement State license and NRC Form 241 

 compliance with current NRC and DOT regulations and the licensee’s operating, 

emergency, and security procedures, and NRC license commitments 

 commitment to provide adequate resources (including space, equipment, personnel, 

time, and, if needed, contractors) to the radiation protection program to ensure that the 

public and workers are protected from radiation hazards and that compliance with 

regulations is maintained 

 commitment to report defects, noncompliances, or reportable events in accordance with 

regulations 

 selection and assignment of a qualified individual to serve as the radiation safety officer 

(RSO) for licensed activities and confirmation that the RSO has independent authority to 
3-2 

stop unsafe operations and will be given sufficient time to fulfill radiation safety duties 

and responsibilities 

 commitment to ensure that radiation workers have adequate training 

NRC expects Agreement State licensee management to conduct its licensed activities within 

NRC jurisdiction in compliance with all terms and conditions of the specific license issued by the 

Agreement State, except such terms and conditions as are contrary to the requirements of 

10 CFR 150.20. The general licenses provided in 10 CFR 150.20 are subject to all of the 

provisions of the Atomic Energy Act of 1954, now or hereafter in effect, and to all applicable 

rules, regulations, and orders of the Commission. Therefore, licensees are expected to notify 

NRC in a timely manner of a change that affects the information provided in the initial NRC 

Form 241, allowing NRC adequate time to inspect the activity and carry out its statutory 

mandate of ensuring that licensed materials are adequately safeguarded and that public health 

and safety are protected. 

For information on NRC inspection, investigation, enforcement, and other compliance programs, 

see the current version of NRC’s Enforcement Policy and Inspection Procedures available in 

NRC’s online library “Document Collections” at http://www.nrc.gov/reading-rm.html. 

When working under reciprocity, Agreement State licensees must comply with current NRC 

requirements. Licensees need to be aware that NRC regulations may differ in some 

respects from Agreement State regulations. In addition, NRC regulations may change to 

include new requirements before the Agreement States amend their regulations to include 

similar requirements. 

3.2 Safety Culture 

Individuals and organizations performing regulated activities are expected to establish and 

maintain a positive safety culture commensurate with the safety and security significance of 

their activities and the nature and complexity of their organizations and functions. This applies 

to all licensees; certificate holders; permit holders; authorization holders; holders of quality 

assurance program approvals; vendors and suppliers of safety-related components; and 

applicants for a license, certificate, permit, authorization, or quality assurance program approval, 

subject to NRC authority. 

“Nuclear safety culture” is defined in the NRC’s safety culture policy statement (76 FR 34773; 

June 14, 2011) as “the core values and behaviors resulting from a collective commitment by 

leaders and individuals to emphasize safety over competing goals to ensure protection of 

people and the environment.” Individuals and organizations performing regulated activities bear 

the primary responsibility for safely handling and securing these materials. Experience has 

shown that certain personal and organizational traits are present in a positive safety culture. A 

trait, in this case, is a pattern of thinking, feeling, and behaving that emphasizes safety, 

particularly in goal-conflict situations (e.g., production versus safety, schedule versus safety, 

and cost of the effort versus safety). Refer to Table 3-1 for the traits of a positive safety culture 

from NRC’s safety culture policy statement. 

Organizations should ensure that personnel in the safety and security sectors have an 

appreciation for the importance of each, emphasizing the need for integration and balance to 

achieve both safety and security in their activities. Safety and security activities are closely 

intertwined. While many safety and security activities complement each other, there may be 
3-3 

instances in which safety and security interests create competing goals. It is important that 

consideration of these activities be integrated so as not to diminish or adversely affect either; 

thus, mechanisms should be established to identify and resolve these differences. A safety 

culture that accomplishes this would include all nuclear safety and security issues associated 

with NRC-regulated activities. 

The NRC, as the regulatory agency with an independent oversight role, reviews the 

performance of individuals and organizations to determine compliance with requirements and 

commitments through its existing inspection and assessment processes. However, NRC’s 

safety culture policy statement and traits are not incorporated into the regulations. Safety 

culture traits may be inherent to an organization’s existing radiation-safety practices and 

programs. For instance, working under reciprocity would generally include transportation of 

radioactive material. Licensee operating controls and procedures for transporting licensed 

material (e.g., package compliance, external radiation level measurements, package security) 

developed to meet the transportation requirements may correspond with the safety culture traits 

specific in Table 3-1 as “Work Processes” (the process of planning and controlling work 

activities is implemented so that safety is maintained). However, licensees should be aware 

that this is just an example and should consider reviewing their radiation safety programs in 

order to develop and implement a safety culture commensurate with the nature and complexity 

of their organizations and functions. 

Refer to Appendix E for the NRC’s safety culture policy statement. More information on NRC 

activities relating to safety culture can be found at: 

http://www.nrc.gov/about-nrc/safety-culture/.html. 

Table 3-1. Traits of a Positive Safety Culture 

Leadership Safety Values 

and Actions

Problem Identification and 

Resolution Personal Accountability

Leaders demonstrate a 

commitment to safety in their 

decisions and behaviors. 

Issues potentially impacting 

safety are promptly identified, 

fully evaluated, and promptly 

addressed and corrected, 

commensurate with their 

significance. 

All individuals take personal 

responsibility for safety. 

Work Processes Continuous Learning

Environment for Raising 

Concerns

The process of planning and 

controlling work activities is 

implemented so that safety is 

maintained. 

Opportunities to learn about 

ways to ensure safety are 

sought out and implemented. 

A safety conscious work 

environment is maintained 

where personnel feel free to 

raise safety concerns without 

fear of retaliation, 

intimidation, harassment, or 

discrimination. 

 
3-4 

Table 3-1. Traits of a Positive Safety Culture 

Effective Safety 

Communications

Respectful Work 

Environment Questioning Attitude

Communications maintain a 

focus on safety. 

Trust and respect permeate 

the organization. 

Individuals avoid 

complacency and 

continuously challenge 

existing conditions and 

activities in order to identify 

discrepancies that might 

result in error or inappropriate 

action. 
4-1 

4 APPLICABLE REGULATIONS 

It is the applicant’s or licensee’s responsibility to obtain or have available up-to-date copies of 

applicable regulations, to read and understand the requirements of each of these regulations, 

and to comply with each applicable regulation. The following parts of Title 10 of the Code of 

Federal Regulations (10 CFR) contain regulations applicable to licensing of byproduct, source, 

and special nuclear materials. Some of these parts are specific to one type of license, while 

others are general and will apply to many, if not all, licensees. 

The current versions of these 10 CFR regulations can be found under the “Basic References” 

link at U.S. Nuclear Regulatory Commission’s (NRC’s) online library at 

http://www.nrc.gov/reading-rm.html; if viewing in a browser, the following list includes a direct 

link to the rules: 

 10 CFR Part 2 “Agency Rules of Practice and Procedure” 

 10 CFR Part 19 “Notices, Instructions and Reports to Workers: Inspection 

 and Investigations” 

 10 CFR Part 20 “Standards for Protection Against Radiation” 

 10 CFR Part 21 “Reporting of Defects and Noncompliance” 

 10 CFR Part 30 “Rules of General Applicability to Domestic Licensing of 

 Byproduct Material” 

 10 CFR Part 31 “General Domestic Licenses for Byproduct Material” 

 10 CFR Part 34 “Licenses for Industrial Radiography and Radiation Safety 

 Requirements for Industrial Radiographic Operations” 

 10 CFR Part 35 “Medical Use of Byproduct Material” 

 10 CFR Part 37 “Physical Protection of Category 1 and Category 2 Quantities of 

 Radioactive Material” 

 10 CFR Part 39 “Licenses and Radiation Safety Requirements for Well Logging” 

 10 CFR Part 40 “Domestic Licensing of Source Material” 

 10 CFR Part 50 “Domestic Licensing of Production and Utilization Facilities” 

 10 CFR Part 51 “Environmental Protection Regulations for Domestic Licensing and 

 Related Regulatory Functions” 

 10 CFR Part 70 “Domestic Licensing of Special Nuclear Material” 

 10 CFR Part 71 “Packaging and Transportation of Radioactive Material” 

 10 CFR Part 110 “Export and Import of Nuclear Equipment and Material 
4-2 

 10 CFR Part 150 “Exemptions and Continued Regulatory Authority in Agreement 

 States and in Offshore Waters Under Section 274” 

 10 CFR Part 170 “Fees for Facilities, Materials, Import and Export Licenses, and 

 Other Regulatory Services Under the Atomic Energy Act of 1954, 

 as Amended” 

 10 CFR Part 171 “Annual Fees for Reactor Licenses and Fuel Cycle Licenses 

 and Materials Licenses, Including Holders of Certificates of 

 Compliance, Registrations, and Quality Assurance Program 

 Approvals and Government Agencies Licensed by the NRC” 

Copies of these documents may be obtained by calling the Government Publishing Office 

Customer Contact Center toll-free at 866-512-8600, in Washington, DC; calling 202-512-1800; 

or ordering online at http://bookstore.gpo.gov. 

In addition, 10 CFR Parts 1 through 199 can be found on the NRC’s Web site at 

http://www.nrc.gov/reading-rm/doc-collections/cfr under “Regulations (10 CFR).” 

NRC regulations can also be accessed from the “NRC Library” link on the NRC’s public Web 

site at http://www.nrc.gov. Regulations may periodically be amended and the NRC (as well as 

all other Federal agencies) is required to publish notice of such amendments in the 

Federal Register.
5-1 

5 HOW TO FILE 

5.1 Application Preparation 

Agreement State licensees requesting reciprocity should do the following: 

 Complete the U.S. Nuclear Regulatory Commission (NRC) Form 241 (see Appendix A of 

this NUREG) Items 1 through 20. A link to the form may be found at 

http://www.nrc.gov/reading-rm/doc-collections/forms/. 

 If additional space is needed to complete NRC Form 241, provide information in Items 8 

through 18 on supplementary pages. 

 For each separate sheet that is submitted with NRC Form 241, identify and crossreference submitted information to the item number on the form or the topic to which it 

refers. 

 Submit all supplementary pages on 81⁄2 × 11-inch paper. 

 At least 3 calender days before beginning activities, file an original NRC Form 241, one 

copy of the licensee’s current Agreement State license, and the appropriate fee with the 

appropriate NRC regional office where the Agreement State licensee is located, not 

where they intend to perform work. 

 Retain one copy of NRC Form 241 for future reference. 

5.2 Where to File 

Agreement State licensees who wish to conduct licensed activities in a non-Agreement State, in 

an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters, 

should contact the NRC regional office for the Agreement State that issued their license. 

See Figure 2-2 of this NUREG for the appropriate addresses, telephone numbers, and a map of 

the Agreement States. 

5.3 Acceptable Means of Initial Filing 

In addition to direct mail, initial filing of NRC Form 241 by facsimile or e-mail is acceptable, 

provided that 

(1) The facsimile or e-mail contains, in addition to the completed NRC Form 241, a copy of 

the current Agreement State license and a copy of the check or credit card application 

that will be mailed to meet fee requirements, if appropriate. 

(2) The Agreement State licensee confirms that NRC has received the electronic submittal 

(confirmation of receipt by NRC may be made by telephoning the NRC office to which 

the submittal was sent). 

(3) NRC receives, within at least 3 calender days before beginning activities, 

NRC Form 241, one copy of the Agreement State license, and the appropriate fee, if 
5-2 

applicable. Note that weekends and holidays may require additional processing time by 

the Regional office. 

Changes to NRC Form 241 should be submitted to the NRC Regional Office, either by facsimile 

or by e-mail to the electronic mailbox established by each office, if available. 

Note: Avoid submitting proprietary information and personally identifiable information (such as 

home address, home telephone number, social security number, and date of birth) unless it is 

absolutely necessary or requested by the NRC. If it is necessary to submit proprietary 

information, follow the procedure in 10 CFR 2.390, “Public inspections, exemptions, requests for 

withholding.” Failure to follow this procedure could result in disclosure of the proprietary 

information to the public or substantial delays in processing the form. Additional information on 

proprietary information is provided in Chapter 8, “Identifying and Protecting Sensitive 

Information,” of this NUREG. 

NRC will provide additional instructions, as the agency implements new mechanisms for 

electronic license application filing. 

5.4 Electronic Applications 

Applications may be submitted in electronic form via the NRC’s Electronic Information Exchange 

or CD-ROM. Detailed guidance on making electronic submissions can be obtained by visiting 

the NRC’s Web site at http://www.nrc.gov/site-help/e-submittals.html. The guidance discusses, 

among other topics, the formats the NRC can accept, the use of electronic signatures, and the 

treatment of nonpublic information. 
6-1 

6 RECIPROCITY FEES 

Reciprocity fees are based on work activities within a calendar year. Submission of an initial the 

U.S. Nuclear Regulatory Commission (NRC) Form 241 must be accompanied by the 

appropriate fee. Agreement State licensees should refer to Category 16 of Title 10 of the Code 

of Federal Regulations (10 CFR) 170.31, “Schedule of fees for materials licenses and other 

regulatory services, including inspections, and import and export licenses,” to determine the 

amount of the initial fee. No fee is required for changes. 

Fee payments are to be made payable to the U.S. Nuclear Regulatory Commission. The 

payments are to be made in U.S. funds by check, draft, money order, or credit card. NRC 

Form 629, “Authorization for Payment by Credit Card,” is found in Appendix C of this NUREG. 

Specific instructions for making credit card payments may be obtained by contacting the 

Division of the Controller, Accounts Receivable Branch, at 301-415-7554. Note that credit card 

fees are processed by the U.S. Department of the Interior’s National Business Center, NRC’s 

collection service provider. 

NRC will not process an initial or revised NRC Form 241 before fee receipt. However, if the 

electronic or facsimile method is used to file for reciprocity, NRC will process the NRC Form 241 

as long as the submittal includes a copy of the check or credit card application that will be 

mailed to meet the applicable fee requirement. Once technical review of an application has 

begun, no fees will be refunded; fees will be charged regardless of the NRC’s disposition of an 

NRC Form 241 or the applicant’s withdrawal of an NRC Form 241. The exception is a case in 

which it is determined that the proposed work location is not in NRC jurisdiction and, therefore, 

filing of NRC Form 241 is not warranted. Agreement State licensees should consult 

10 CFR 170.11, “Exemptions,” for additional information on exemptions from reciprocity fees. 

Direct all questions about NRC fees to the Office of the Chief Financial Officer at NRC 

Headquarters in Rockville, MD, 301-415-7554. Information about fees may also be obtained by 

calling NRC’s toll-free number, 800-368-5642, extension 415-7554. The email address is 

Fees.Resource@nrc.gov. 

7-1 

7 CONTENTS OF NRC FORM 241 

Agreement State licensees are required to complete the U.S. Nuclear Regulatory Commission 

(NRC) Form 241 identifying proposed activities in non-Agreement States, in areas of exclusive 

Federal jurisdiction within Agreement States, or in offshore waters. Licensees should file the 

completed NRC Form 241 with the NRC regional office for the Agreement State that issued 

their licenses. 

In completing NRC Form 241, the Agreement State licensee must provide sufficient information 

to enable NRC to plan and conduct inspections. If NRC Form 241 contains omissions or errors, 

the NRC staff will first try to resolve them by telephone with the applicant. If the discrepancies 

can be resolved by telephone, the NRC staff will mark the form with the corrections and 

continue processing the form. The NRC staff will sign the form and return a copy to the licensee 

when its review is completed. 

If the deficiencies cannot be resolved by telephone, the NRC staff will either verbally request 

that the applicant provide the deficient information or send a letter requesting the necessary 

information, identifying to the applicant the deficiencies and informing the licensee that NRC will 

continue its review on receipt of the requested information. The Agreement State licensee will 

also be informed that work is not to be started in areas of exclusive Federal jurisdiction, 

non-Agreement States, or offshore waters until NRC receives the required information and 

completes its review. 

Agreement State licensees that do not meet the requirements of Title 10 of the Code of Federal 

Regulations (10 CFR) 150.20 will be informed that they do not qualify for the general license 

and may not conduct licensed activities in NRC jurisdiction. Agreement State licensees that 

perform work in NRC jurisdiction before filing NRC Form 241 may be subject to NRC 

enforcement action. 

7.1 Item 1: Name of Licensee 

List the licensee’s name as identified on the Agreement State license (i.e., the person or firm 

proposing the activities). 

7.2 Item 2: Type of Report 

When submitting NRC Form 241, Agreement State licensees are required to mark the 

appropriate box: “initial” or “change.” 

Initial Filing 

Agreement State licensees seeking to conduct activities under reciprocity in areas of exclusive 

Federal jurisdiction, non-Agreement States, or in offshore waters for the first time in a calendar 

year are required to submit NRC Form 241. 

Changes 

Changes provide information that modifies items approved in the initial NRC Form 241 filing. 

These may include changes to specific locations of work sites, additional work locations, 

changes to the radioactive material or work activities, changes in contacts or telephone 
7-2 

numbers, or additional or deleted dates of work from the initial NRC Form 241. Changes should 

be provided in advance and on a timely basis to allow regional review and approval. 

7.3 Item 3: Address of Licensee 

Provide the mailing address where correspondence should be sent. Use the mailing address 

specifically identified on the Agreement State license. Notify NRC of any changes in mailing 

address on NRC Form 241. 

7.4 Item 4: Licensee Contact and Title 

Identify the individual who can answer questions about the NRC Form 241. This is typically the 

radiation safety officer, unless the licensee has named a different person as the contact. NRC 

will contact this individual if there are questions about the form. Notify NRC of changes in the 

contact person on NRC Form 241. 

7.5 Item 5: Office Telephone and Work Cell Numbers 

Provide office and work cell telephone numbers for the individual who can answer questions 

about the information submitted on NRC Form 241. Notify NRC of changes in telephone 

numbers on NRC Form 241. 

7.6 Item 6: Facsimile Number 

Provide a facsimile number for the individual who can answer questions about the NRC 

Form 241. Notify NRC of changes in facsimile number on NRC Form 241. 

7.7 Item 7: E-Mail Address 

Provide the e-mail address of the individual who can answer questions about the information 

submitted on NRC Form 241. Notify NRC of changes in e-mail address on NRC Form 241. 

The e-mail address should not be a personal e-mail account. 

7.8 Item 8: Activities To Be Conducted In Non-Agreement States Under 

the General License Given in 10 CFR 150.20 

Check the appropriate box corresponding to the activities you propose to conduct under the 

general license. If the activity is not specifically identified, check the “other” box and provide a 

description of the activity as authorized by the Agreement State license. If you will be 

conducting industrial radiography, confirm that you have registered with the NRC as a package 

user, as specified in 10 CFR 71.17(c)(3), and provide the packaging Certificate of 

Compliance numbers. 

 
7-3 

Limits on Use 

A legal entity that performs the same licensed activity under more than one Agreement State 

license may not exceed the 180-day limit for this activity in a calendar year. For example, a 

company authorized to conduct radiography under both a Texas license and a Mississippi 

license may conduct radiography in NRC jurisdiction, but its radiography activities in NRC 

jurisdiction will be limited to 180 days in a calendar year. However, a company holding two or 

more Agreement State licenses for different licensed activities may file one NRC Form 241 for 

each type of activity in any calendar year, allowing 180 days for each activity in NRC 

jurisdiction in a calendar year. 

Certificate of Compliance Registration 

Type B transportation packages, such as some radiography devices or overpacks used with 

radiography devices, are issued a Certificate of Compliance when NRC approves the 

package. Before the licensee’s first use of the package, the licensee must register with NRC. 

A licensee engaging in radiography activities must register with NRC as a user for each 

approved package issued a Certificate of Compliance, in accordance with the requirements of 

10 CFR 71.17, “General License: NRC-Approved Package.” The registration application must 

be sent to the Document Control Desk, Director, Division of Spent Fuel Storage and 

Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555-0001. The information provided must include the 

licensee’s name, license number, and the package identification number specified in the 

package approval. The supplier should provide the particular information to the licensee on 

request. For electronic submission, see Section 5.4 of this NUREG. 

7.9 Item 9: Client Name, Address, City/County, State, ZIP Code 

Provide the names of your client(s) and their mailing address(es). 

7.10 Item 10: Actual Physical Address of Work Location 

Any number of work locations may be listed on NRC Form 241. Specify the street address, city, 

and State or other descriptive address (e.g., nearest intersection, site name, building name or 

number, project name) for each work location. If the jobsite is linear and mobile (e.g., pipeline 

construction, multiple bridge sites), the descriptive address should include sufficient detail to 

allow an NRC inspector to find the work location, see Figure 7-1. A post office box address or 

general area locations are not acceptable. If known, provide global positioning system (GPS) 

coordinates and directions from a nearby recognizable location, such as a post office, police 

or fire station, shopping center, or municipal building. For offshore waters locations, see 

Figure 7-2, specify the oil field, block number, vessel name, platform, or laybarge. 
7-4 

Examples of GPS Coordinates 

Latitude: 

Longitude: 

Degrees Minutes Seconds

Latitude: 

Longitude: 

Figure 7-1. Work location. Provide a Complete Descriptive Address and GPS 

Coordinates for Each Work Location.

1556-050.ppt

050400

123 East Main St.

Anytown, NRC State, 

USA

39.046869

-77.111980

39 2 48.7284

-77 6 43.1496
7-5 

Figure 7-2. Remote Work Location. Provide a Descriptive Address of Remote 

Work Locations (e.g., Well Site in the Gulf of Mexico) (Specify Block 

Number, Vessel Name, Platform, or Name of the Laybarge).

7.11 Item 11: Client Telephone Number 

Provide office and cell telephone numbers for the client(s) identified in Item 9. The telephone 

numbers should be for an individual who is knowledgeable about the work to be conducted. 

Notify NRC of changes in telephone numbers on NRC Form 241. 

7.12 Item 12: Work Location Office Telephone and Cell Numbers 

Provide office and cell telephone numbers at the work location for a licensee or client contact 

who can answer questions about the licensed activities at the site. Notify NRC of changes in 

the work location telephone number on NRC Form 241. 

7.13 Item 13: Dates Scheduled 

Provide the date span identifying the start and end dates for each location. Indicate whether 

you plan to work on weekends. 

For the initial filing, it is acceptable to indicate tentative dates, provided that you submit a 

change when adding or deleting dates, as they become known. Changes should be submitted 
7-6 

3 days before beginning work activities within exclusive Federal jurisdiction. It is important that 

licensees track the days of use so that they do not exceed the 180-day limit. 

Example: The initial NRC Form 241 may list March 1 to March 31 for the site at the 

Bisco pipeline; however, because of rain, work was not performed on March 2 through 

March 10 and licensed material was not stored in the Agreement State on these dates. The 

licensee should submit a change to delete these dates and receive credit for days not worked, 

because it may become important later in the calendar year should the work approach the 

180-day limit. 

7.14 Item 14: Number of Work Days 

Provide the total number of days scheduled for use at the work location. 

Reciprocity in each calendar year (January 1 through December 31) is limited to 180 days, 

except for activities in offshore waters. A “calendar day of use” is one on which you store or use 

licensed material in NRC jurisdiction. Licensed activities conducted on the same day at different 

locations within NRC jurisdiction count as 1 calendar day of use. 

Example: A licensee stores material at Site A on Monday and conducts licensed activities at 

Site A on Tuesday. The total is 2 days of use. 

7.15 Item 15: Add 

When submitting a change, if the dates specified in Item 13 (“Dates Scheduled”) are to be 

added for a specified work location, indicate in this field the number of added days. The number 

of days may be the same as the entire interval or close to the actual number of work days. 

7.16 Item 16: Delete 

When submitting a change, if the dates specified in Item 13 (“Dates Scheduled”) are to be 

deleted for a specified work location, indicate in this field the number of deleted days. You may 

provide a list of deleted work days. 

7.17 Item 17: Location Reference Number 

NRC will generate a Location Reference Number for each work location in order to track 

reciprocity activities. An NRC-signed copy of NRC Form 241, which identifies the Location 

Reference Number corresponding to each work location, will be returned to the licensee. 

Licensees should reference the appropriate Location Reference Number when submitting 

changes within the calendar year. 

7.18 Item 18: List Radioactive Material, Which Will Be Possessed, Used, 

Installed, Serviced, or Tested 

List radioactive material that will be possessed, stored, used, installed, serviced, or tested. 

Include a description of the type and quantity of radioactive material, sealed sources, or devices 

to be used. For sealed sources and devices, include the manufacturer and model number. 
7-7 

In accordance with 10 CFR Part 37, “Physical Protection of Category 1 and Category 2 

Quantities of Radioactive Material,” licensees that possess an aggregated Category 1 or 

Category 2 quantity of radioactive material must establish, implement, and maintain an access 

authorization program and a security program to ensure physical protection of the radioactive 

material. (For additional guidance on the development of a 10 CFR Part 37 security program, 

see NUREG–2155, “Implementation Guidance for 10 CFR Part 37, “Physical Protection of 

Category 1 and Category 2 Quantities of Radioactive Material.”) 

Sensitive security-related information in a Reciprocity request includes types and quantities of 

byproduct material and should be marked “Security Related—Withhold under 10 CFR 2.390.” 

When completing NRC Form 241, licensees should properly mark the Form “Official Use Only—

Security Related Information” if radioactive material exceeds the threshold levels in 10 CFR 

Part 37. For further information, see RIS 2005-31, “Control of Security-Related Sensitive 

Unclassified Non-Safeguards Information Handled by Individuals, Firms, and Entities Subject to 

NRC Regulation of the Use of Source, Byproduct, and Special Nuclear Material,” dated 

December 22, 2005, which can be found on NRC’s Generic Communications Web site under 

Regulatory Issue Summaries at http://www.nrc.gov/reading-rm/doc-collections/gen-comm/. 

Example: 

(1) Portable radiography device, iridium-192, 1,850 gigabecquerels [50 Curies] 

(2) Portable moisture/density gauge; americium-241, 1,628 megabecquerels 

[44 millicuries (mCi)]; cesium-137, 333 megabecquerels [9 mCi]. 

Note: In accordance with the guidance in RIS 2005-31, only example 1 would require the 

“Security Related Information—Withhold under 10 CFR 2.390,” or “Official Use Only—Security 

Related Information” marking. See Chapter 8, “Identifying and Protecting Sensitive 

Information,” for more information about marking documents. 

Please contact the appropriate regional office for questions regarding the security of licensed 

material or applicability of 10 CFR Part 37. 

7.19 Item 19: Agreement State Specific License Which Authorizes the 

Undersigned To Conduct Activities Which Are the Same Except for 

Location of Use 

License Number: Provide the Agreement State license number that authorizes the activity. 

State: Name the Agreement State that issued the license. 

Expiration Date: Provide the expiration date of the Agreement State license. 
7-8 

Note: This note reminds licensees that if the license expiration date is in the current calendar 

year, the licensee may work under the license until the expiration date. No work in NRC 

jurisdiction may be done after the expiration date, unless the Agreement State has provided a 

copy of the Deemed Timely Letter, indicating that a renewal is pending and that the 

Agreement State license continues in effect. When the Agreement State authority has 

completed action on the renewal, a copy of the license shall be forwarded to NRC regional 

office. NRC may contact the Agreement State licensing authority to confirm that the 

Agreement State license is current and in effect. 

7.20 Item 20: Certification 

Print or type the name and title of your certifying officer (e.g., radiation safety officer or 

management representative). This individual should sign and date NRC Form 241.
8-1 

8 IDENTIFYING AND PROTECTING SENSITIVE INFORMATION 

All licensing applications, except for portions containing sensitive information, will be made 

available for review in the U.S. Nuclear Regulatory Commission (NRC) Public Document Room 

and electronically at the NRC Library. For more information on the NRC Library, visit 

www.nrc.gov.

The application licensee should identify, mark, and protect sensitive information against 

unauthorized disclosure to the public. Licensing applications that contain sensitive information 

should be marked as indicated below, in accordance with Title 10 of the Code of Federal 

Regulations (10 CFR) 2.390, before the information is submitted to the NRC. Key examples are 

as follows: 

 Proprietary Information and Trade Secrets: If it is necessary to submit proprietary 

information or trade secrets, follow the procedure in 10 CFR 2.390(b). Failure to follow 

this procedure could result in disclosure of the proprietary information to the public or 

substantial delays in processing the application. 

 Personally Identifiable Information: Personally identifiable information (PII) about 

employees or other individuals should not be submitted unless specifically requested by 

the NRC. Examples of PII are social security number, home address, home telephone 

number, date of birth, and radiation dose information. If PII is submitted, a cover letter 

should clearly state that the attached documents contain PII and the top of every page of 

a document that contains PII should be clearly marked, as follows: “Privacy Act 

Information—Withhold Under 10 CFR 2.390.” For further information, see Regulatory 

Issue Summary (RIS) 2007-04, “Personally Identifiable Information Submitted to the 

U.S. Nuclear Regulatory Commission,” dated March 9, 2007, and Information Notice (IN) 

2013-22, “Recent Licensing Submittals Containing Personally Identifiable Information,” 

dated November 15, 2013, which can be found on the NRC’s Generic Communications 

Web site under “Regulatory Issue Summaries” and “Information Notices” respectively: 

http://www.nrc.gov/reading-rm/doc-collections/gen-comm/. 

 Security-Related Information: Following the events of September 11, 2001, the NRC 

changed its procedures to avoid the release of information that terrorists could use to 

plan or execute an attack against facilities or citizens in the U.S. As a result, certain 

types of information are no longer routinely released and are treated as sensitive 

unclassified information. For example, certain information about the quantities and 

locations of radioactive material at licensed facilities and associated security measures 

are no longer released to the public. Therefore, a cover letter should clearly state that 

the attached documents contain sensitive security-related information, and the top of 

every page of a document that contains such information should be clearly marked: 

“Security Related Information—Withhold under 10 CFR 2.390.” For the pages having 

security-related sensitive information, an additional marking should be included (e.g., an 

editorial note box) adjacent to that material. For further information, see RIS 2005-31, 

“Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled 

by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, 

Byproduct, and Special Nuclear Material,” dated December 22, 2005, which can be 

found on the NRC’s Generic Communications Web site under “Regulatory Issue 

Summaries”: http://www.nrc.gov/reading-rm/doc-collections/gen-comm/. Additional 

information on procedures and any updates is available at http://www.nrc.gov/readingrm/sensitive-info.html. 
8-2 

NRC recognizes that certain information reported on NRC Form 241 may be sensitive and that 

the public release of such information may have an adverse impact on the licensee. Licensees 

wishing NRC to withhold from public disclosure, as proprietary, the information contained in 

Items 9 to 13 of NRC Form 241 should submit an application for withholding, accompanied by 

an affidavit. The application and affidavit must be submitted in accordance with 

10 CFR 2.390(b). Failure to follow this procedure may result in disclosure of the proprietary 

information to the public or substantial delays in processing NRC Form 241. 

The regulations list various forms of information that can be protected from public disclosure. 

These include: 

 trade secrets and commercial or financial information 

 interagency or intra-agency memoranda or letters that would not be available by law to a 

party other than an agency in litigation with NRC 

 certain records or information compiled for law enforcement purposes 

 geological and geophysical information and data, including maps, or information 

concerning wells 

 personnel, medical, or other information, the disclosure of which would constitute a 

clearly unwarranted invasion of personal privacy 

In 10 CFR 2.390, NRC specifies the procedures and requirements for persons to submit 

sensitive information to NRC so that it may be properly protected from disclosure. This 

regulation is available electronically on the NRC Web site: http://www.nrc.gov/reading-rm/doccollections/cfr. 

Except for personal privacy information, which is not subject to the affidavit requirement, if NRC 

determines that the application or affidavit is deficient (i.e., does not contain the required 

information as outlined in 10 CFR 2.390), the applicant will be notified that additional information 

is needed and that the review will continue when the required information is received. 

If the request is denied, in whole or in part, NRC will give the applicant the option of withdrawing 

the information or application, as permitted in 10 CFR 2.390. If the applicant decides not to 

withdraw the information or application, NRC will notify the applicant in writing that the request 

for withholding has been denied and that NRC will disregard any references concerning the 

proprietary status of the information. 

Any part of NRC Form 241 that NRC has determined should be withheld from public disclosure 

will be handled in accordance with Management Directive 12.6, “NRC Sensitive Unclassified 

Information Security Program,” and the applicant will be notified in writing that NRC plans to 

honor the request. Management Directive 12.6 is available electronically on the NRC Web site: 

http://www.nrc.gov/reading-rm/doc-collections/management-directives/. 
8-3 

8.1 Response from the Licensee or Applicant 

For NRC to determine whether the information should be withheld from public disclosure, the 

licensee or applicant should provide the following information, in sufficient explanatory detail, in 

addition to the other requirements of 10 CFR 2.390: 

A statement requesting that a document be withheld in whole or in part from public disclosure 

on the grounds that it contains sensitive information. 

 A notarized affidavit that: 

— Identifies the document or part sought to be withheld and the position of the person 

making the affidavit. 

— Contains a full statement of the reasons why it is claimed that the information should 

be withheld from public disclosure. Such statement must include information about 

whether any of the following apply: 

o The information has been held in confidence by its owner. 

o The information is of a type customarily held in confidence by its owner. 

o The information was transmitted to and received by NRC in confidence. 

o The information is not available in public sources. 

Public disclosure of the information sought to be withheld is likely to cause substantial harm to 

the competitive position of the owner of the information, taking into account the value of the 

information to the owner; the amount of effort or money, if any, expended by the owner in 

developing the information; and the ease or difficulty with which the information could be 

properly acquired or duplicated by others. 

An affidavit submitted by a company should be executed by an officer or upper-level 

management official. This individual must have been specifically delegated the function of 

reviewing the information sought to be withheld and be authorized to apply for its withholding on 

behalf of the company. The affidavit must be executed by the owner of the information, even if 

the information sought to be withheld is submitted by another person. 

The statement and affidavit should be submitted at the same time that the information sought to 

be withheld is filed with NRC. The information sought to be withheld should be detailed 

separately, with any information specified in the affidavit as a trade secret, confidential, or 

privileged commercial or financial information so indicated. If an NRC Form 241 has already 

been submitted for the calendar year, the licensee must submit an application for withholding 

and an affidavit within 3 days of NRC’s receipt of Form 241. When NRC agrees with the 

request for withholding, the request will be maintained as valid for as long as the Agreement 

State licensee continues to perform reciprocity activities. 

If the licensee skips a year between filing reciprocity reports, the application and affidavit for 

withholding must be resubmitted for review. 

Appendix D includes a checklist for requests for withholding information from public disclosure. 
8-4 

Anyone submitting a request to withhold information from public disclosure should thoroughly 

review 10 CFR 2.390 and be familiar with its requirements and limitations. 

Withholding from public inspection shall not affect the right, if any, of persons properly and 

directly concerned to inspect the documents. If the need arises, NRC may send copies of this 

information to NRC consultants working in that area. NRC will ensure that the consultants 

have signed the appropriate agreements for handling proprietary information. 

If the basis for withholding this information from public inspection should change in the future, 

such that the information could then be made available for public inspection, the applicant 

should promptly notify the NRC. The applicant also should understand that NRC may have 

cause to review this determination in the future; for example, if the scope of a Freedom of 

Information Act request includes the information in question. In all review situations, if NRC 

makes a determination adverse to the above, the applicant will be notified in advance of any 

public disclosure. Anyone submitting commercial or financial information they believe to be 

privileged, confidential, or a trade secret must remember that the NRC’s policy is to achieve an 

effective balance between legitimate concerns for the protection of competitive positions and 

the right of the public to be fully apprised of the basis for, and the effects of, licensing or 

rulemaking actions. It is within NRC’s discretion to withhold such information from 

public disclosure. 
APPENDIX A 

U.S. NUCLEAR REGULATORY COMMISSION FORM 241

A–1 

U.S. NUCLEAR REGULATORY COMMISSION FORM 241 

Please use the most current version of this form, which may be found at: 

http://www.nrc.gov/reading-rm/doc-collections/forms/

APPENDIX B 

RECOMMENDED PROCEDURE TO OBTAIN JURISDICTION 

DETERMINATIONS FOR FEDERAL SITES 

B–1 

Recommended Procedure to Obtain Jurisdiction Determinations for 

Federal Sites 

If you are uncertain about the jurisdictional status of the proposed jobsite, the U.S. Nuclear 

Regulatory Commission (NRC) recommends that you take the following steps: 

Obtain specific information about the location of the proposed work site (e.g., street address, 

range or township, building or hangar number, distance from a specific intersection, or other 

identifying details) and the identity of the Federal agency controlling the proposed work site. 

Call the Federal agency’s local contact (e.g., contract officer, base environmental health officer, 

judge advocate general, district office staff, regional office staff, regional counsel) and request 

information about the jurisdictional status of the proposed work site. It is recommended that 

licensees request such a statement of jurisdiction in writing. Otherwise, licensees should 

document for their records the name and title of the person at the Federal agency who provided 

the determination and the date that it was provided. 

In an Agreement State if the work site is identified as falling under “exclusive Federal 

jurisdiction” and the licensee is an Agreement State licensee, submit the notification of proposed 

work NRC Form 241, “Report of Proposed Activities in Non-Agreement States, Areas of 

Exclusive Federal Jurisdiction, or Offshore Waters”) and, if available, a copy of the statement of 

jurisdiction from the Federal agency to the appropriate NRC regional office. In lieu of submitting 

NRC Form 241, Agreement State licensees may apply for a specific NRC license to operate in 

areas under NRC jurisdiction. If the licensee is an NRC licensee with authorization to work at 

temporary jobsites, no additional action is required. 

If the work site is identified as other than “exclusive Federal jurisdiction,” the licensee should 

contact the Agreement State’s Radiation Control Program Office within which the facility is 

located for information about that State’s regulations. 

In an Agreement State, if you are a company proposing to work on Tribal lands, you should 

contact the appropriate NRC regional office to help determine whether the NRC or the 

Agreement State has regulatory authority. 

Questions about Federal jurisdiction determinations should be referred to the NRC Regional 

office identified in Figure 2-2 of this NUREG. 

APPENDIX C 

U.S. NUCLEAR REGULATORY COMMISSION FORM 629—AUTHORIZATION 

FOR PAYMENT BY CREDIT CARD

C–1 

U.S. Nuclear Regulatory Commission Form 629—Authorization for Payment 

by Credit Card 

Please use the most current version of this form, which may be found at:

http://www.nrc.gov/reading-rm/doc-collections/forms/

APPENDIX D 

CHECKLIST FOR REQUESTS TO WITHHOLD PROPRIETARY 

INFORMATION FROM PUBLIC DISCLOSURE (UNDER 10 CFR 2.390)

D–1 

Checklist for Requests to Withhold Proprietary Information from Public 

Disclosure (Under 10 CFR 2.390)

In order to request that the U.S. Nuclear Regulatory Commission (NRC) withhold information 

contained in an NRC Form 241, “Report of Activities in Non-Agreement States, Areas of 

Exclusive Federal Jurisdiction, or Offshore Waters,” from public disclosure, the applicant must 

submit the information and NRC Form 241, including an affidavit, in accordance with Title 10 of 

the Code of Federal Regulations (10 CFR) 2.390, “Public Inspections, Exemptions, Requests for 

Withholding.” The applicant should submit all of the following: 

 A proprietary copy of the information. Brackets should be placed around the material 

considered to be proprietary. This copy should be marked as proprietary. 

 A non-proprietary copy of the information. Applicants should white out or black out the 

proprietary portions (i.e., those in the brackets), leaving the non-proprietary portions 

intact. This copy should not be marked as proprietary. 

 An affidavit that: 

 Is signed under oath and affirmation (notarization may suffice). 

 Clearly identifies (such as by name or title and date) the document to be withheld. 

 Clearly identifies the position of the person executing the affidavit. This person 

must be an officer or upper-level management official who has been delegated the 

function of reviewing the information the organization is seeking to withhold and is 

authorized to apply for withholding on behalf of the organization. 

 States that the organization submitting the information is the owner of the 

information or is required, by agreement with the owner of the information, to treat 

the information as proprietary. 

 Provides a rational basis for holding the information in confidence. 

 Fully addresses the following issues: 

 Is the information submitted to, and received by, the NRC in confidence? 

Provide details. 

 To the best of the applicant’s knowledge, is the information currently available 

in public sources? 

 Does the applicant customarily treat this information, or this type of information, 

as confidential? Explain why. 

 Would public disclosure of the information be likely to cause substantial harm 

to the competitive position of the applicant? If so, explain why in detail. The 

explanation should include the value of the information to your organization, the 

amount of effort or money expended in developing the information, and the 

ease or difficulty for others to acquire the information. 

APPENDIX E 

SAFETY CULTURE POLICY STATEMENT

E–1 

Safety Culture 

The safety culture policy statement was published in the Federal Register (76 FR 34773) on 

June 14, 2011, and can be found at: http://www.gpo.gov/fdsys/pkg/FR-2011-06-14/pdf/2011-

14656.pdf. It is also posted in the U.S. Nuclear Regulatory Commission (NRC) Agencywide 

Documents Access and Management System and can be found using Accession Number 

ML11146A047. 

Safety Culture Policy Statement 

The purpose of this Statement of Policy is to set forth the Commission’s expectation that 

individuals and organizations establish and maintain a positive safety culture commensurate 

with the safety and security significance of their activities and the nature and complexity of their 

organizations and functions. This includes all licensees, certificate holders, permit holders, 

authorization holders, holders of quality assurance program approvals, vendors and suppliers of 

safety-related components, and applicants for a license, certificate, permit, authorization, or 

quality assurance program approval, subject to NRC authority. The Commission encourages 

the Agreement States, Agreement State licensees and other organizations interested in nuclear 

safety to support the development and maintenance of a positive safety culture, as articulated in 

this Statement of Policy. 

Nuclear Safety Culture is defined as the core values and behaviors resulting from a collective 

commitment by leaders and individuals to emphasize safety over competing goals to ensure 

protection of people and the environment. Individuals and organizations performing regulated 

activities bear the primary responsibility for safety and security. The performance of individuals 

and organizations can be monitored and trended and, therefore, may be used to determine 

compliance with requirements and commitments and may serve as an indicator of possible 

problem areas in an organization’s safety culture. The NRC will not monitor or trend values. 

These will be the organization’s responsibility as part of its safety culture program. 

Organizations should ensure that personnel in the safety and security sectors have an 

appreciation for the importance of each, emphasizing the need for integration and balance to 

achieve both safety and security in their activities. Safety and security activities are closely 

intertwined. While many safety and security activities complement each other, there may be 

instances in which safety and security interests create competing goals. It is important that 

consideration of these activities be integrated so as not to diminish or adversely affect either; 

thus, mechanisms should be established to identify and resolve these differences. A safety 

culture that accomplishes this would include all nuclear safety and security issues associated 

with NRC-regulated activities. 

Experience has shown that certain personal and organizational traits are present in a positive 

safety culture. A trait, in this case, is a pattern of thinking, feeling, and behaving that 

emphasizes safety, particularly in goal conflict situations, e.g., production, schedule, and the 

cost of the effort versus safety. It should be noted that although the term ‘‘security’’ is not 

expressly included in the following traits, safety and security are the primary pillars of the NRC’s 

regulatory mission. Consequently, consideration of both safety and security issues, 

commensurate with their significance, is an underlying principle of this Statement of Policy. 
E–2 

The following are traits of a positive safety culture: 

(1) Leadership Safety Values and Actions – Leaders demonstrate a commitment to safety in 

their decisions and behaviors. 

(2) Problem Identification and Resolution – Issues potentially impacting safety are promptly 

identified, fully evaluated, and promptly addressed and corrected commensurate with 

their significance. 

(3) Personal Accountability – All individuals take personal responsibility for safety. 

(4) Work Processes – The process of planning and controlling work activities is 

implemented so that safety is maintained. 

(5) Continuous Learning – Opportunities to learn about ways to ensure safety are sought 

out and implemented. 

(6) Environment for Raising Concerns – A safety-conscious work environment is maintained 

where personnel feel free to raise safety concerns without fear of retaliation, intimidation, 

harassment, or discrimination. 

(7) Effective Safety Communication – Communications maintain a focus on safety. 

(8) Respectful Work Environment – Trust and respect permeate the organization. 

(9) Questioning Attitude – Individuals avoid complacency and continuously challenge 

existing conditions and activities in order to identify discrepancies that might result in 

error or inappropriate action. 

There may be traits not included in this Statement of Policy that are also important in a positive 

safety culture. It should be noted that these traits were not developed to be used for inspection 

purposes. 

It is the Commission’s expectation that all individuals and organizations, performing or 

overseeing regulated activities involving nuclear materials, should take the necessary steps to 

promote a positive safety culture by fostering these traits as they apply to their organizational 

environments. The Commission recognizes the diversity of these organizations and 

acknowledges that some organizations have already spent significant time and resources in the 

development of a positive safety culture. The Commission will take this into consideration as 

the regulated community addresses the Statement of Policy. 






NUREG-1556, Vol. 19

Revision 1, Final

Consolidated Guidance About Materials Licenses: Guidance for Agreement State

Licensees About NRC Form 241 “Report of Proposed Activities in Non-Agreement

States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters” and Guidance for 

NRC Licensees Proposing to Work in Agreement State Jurisdiction (Reciprocity)