La. Admin. Code tit. 33 § XV-390

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-390 - Reciprocal Recognition of Licenses

A. Subject to these regulations, any person who holds a specific license from the U.S. Nuclear Regulatory Commission, any other agreement state, or any licensing state and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within this state, except in areas of exclusive federal jurisdiction, for not more than 180 days in any calendar year provided that the following conditions are met.

1. The licensing document does not limit the activity authorized by such document to specified installations or locations.

2. For each separate location in Louisiana, the out-of-state licensee notifies the Office of Environmental Compliance in writing at least three working or business days prior to engaging in such activity. Such notification shall indicate the location, period, and type of proposed possession and use within the state and shall be accompanied by a copy of the pertinent licensing document. If, for a specific case, the three working or business day period would impose an undue hardship on the out-of-state licensee, he or she may, upon written application to the Office of Environmental Compliance obtain permission to proceed sooner. The department may waive the requirement for filing additional written notifications following the receipt of the initial written notification from a person engaging in activities under the general license provided in this Subsection.

3. The out-of-state licensee complies with all applicable Louisiana Radiation Protection Regulations (LAC 33:XV) and with all the terms and conditions of his or her licensing document, except any such terms and conditions that may be inconsistent with applicable Louisiana Radiation Protection Regulations (LAC 33:XV).

4. The out-of-state licensee maintains a current copy of the appropriate license and all amendments thereto with the department.

5. The out-of-state licensee supplies such other information as the department may request.

6. Any out-of-state licensee who establishes a permanent office in Louisiana shall notify the Office of Environmental Compliance within 10 calendar days of establishing such office and shall, upon direction by the department and within 30 calendar days, make application for a radioactive material license in accordance with LAC 33:XV.326.E.

7. The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in LAC 33:XV.390.A except by transfer to a person:

a. specifically licensed by the administrative authority, any other agreement state, any licensing state, or the U.S. Nuclear Regulatory Commission, as appropriate, to receive such material; or

b. exempt from the requirements for a license for such material under LAC 33:XV.304.A.

B. Notwithstanding the provisions of LAC 33:XV.390.A, any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission, any other agreement state, or a licensing state authorizing the holder to manufacture, transfer, install, or service a device described in LAC 33:XV.322.D.1 within areas subject to the jurisdiction of the licensing agency is hereby granted a general license to install, transfer, demonstrate, or service such a device in this state provided that the following conditions are met.

1. Such person shall file a report with the Office of Environmental Compliance within 30 calendar days after the end of each calendar quarter in which any device is transferred to or installed in this state. Each such report shall identify each general licensee to whom such device is transferred by name and address, the type of device transferred, and the quantity and type of radioactive material contained in the device.

2. The device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by the U.S. Nuclear Regulatory Commission, an agreement state, or a licensing state.

3. Such person shall assure that any labels required to be affixed to the device under regulations of the authority that licensed manufacture of the device bear a statement that "Removal of This Label is Prohibited."

4. The holder of the specific license shall furnish to each general licensee to whom he or she transfers such device or on whose premises he or she installs such device a copy of the general license contained in LAC 33:XV.322.D.

C. The department may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by another regulatory agency, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public welfare and safety or property.

La. Admin. Code tit. 33, § XV-390

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2574 (November 2000), LR 26:2768 (December 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2528 (October 2005), LR 33:2181 (October 2007), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 442138 (12/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and 2104.B.