Section He-P 4030.18 - Reciprocal Recognition of Specific Licenses(a) Subject to He-P 4000, any person who holds a specific license from the Nuclear Regulatory Commission, an agreement state, as defined in He-P 4003.01 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, shall hereby be granted a general license to conduct the activities authorized in such licensing document within this state, except in areas of exclusive federal jurisdiction, for a period not in excess of 180 days in any calendar year, provided that:(1) The licensing document shall not limit the activity authorized by such document to specified installations or locations; and(2) The out-of-state licensee shall notify DHHS/RHS as described in (d) below at least 3 working days prior to engaging in such activity and receive DHHS/RHS approval, except as provided in (e) below.(b) DHHS/RHS shall grant the approval required by He-P 4030.18(a)(2) above when a general licensee meets all of the requirements under He-P 4030.18.(c) The notification required by He-P 4030.18(a)(2) above shall indicate the location, period, and type of proposed possession and use within this state.(d) The notification to DHHS/RHS, as specified in He-P 4001.08, shall be accompanied by a copy of the pertinent out of state licensing document, a copy of the licensee's operating and emergency procedures, an annual fee as specified in He-P 4070, and a completed DHHS/RHS-15 "Radioactive Material Reciprocity Application" (July 2022) with the following certification: "I hereby certify that all information provided in this application is true and complete, I have read and understand the provisions under He-P 4030.18, and I understand that activities, including storage, conducted in New Hampshire under this general license are limited to 180 days during any calendar year."
(e) If, for a specific case, the 3-day period required by He-P 4030.18(a)(2) above would endanger the public health and safety, the licensee shall request a waiver from DHHS/RHS to proceed sooner.(f) The out-of-state licensee shall submit in its initial request for reciprocity the applicable New Hampshire annual license fee in accordance with He-P 4070.(g) The reciprocity fee required by (f) above shall cover a period of one year.(h) The requirement in (f) above shall not waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in He-P 4030.18(a).(i) The out-of-state licensee shall comply with all: (1) Applicable rules of DHHS/RHS; and(2) Terms and conditions of the licensee's licensing document, except any such terms and conditions which are contrary to applicable rules of DHHS/RHS.(j) The out-of-state licensee shall supply additional information, either telephonically or in writing, as requested by DHHS/RHS for the purposes of protecting public and worker health and safety and ensuring the safe use of byproduct sources within the state.(k) The out-of-state licensee shall not transfer or dispose of byproduct material possessed or used under the general license provided in this section except by transfer to a person: (1) Specifically licensed by DHHS/RHS, an agreement state, or by the Nuclear Regulatory Commission to receive such material; or(2) Exempt from the requirements for a license for such material under He-P 4030.03.(l) Before byproduct materials are used at a temporary job site within the state at any federal facility, the jurisdictional status of the job site shall be determined by the licensee.(m) If the jurisdictional status of a temporary job site within the state at a federal facility is unknown, the licensee shall contact the federal agency to determine if the job site is under exclusive federal jurisdiction.(n) In areas of exclusive federal jurisdiction, the general licensee shall be subject to all applicable rules, regulations, orders and fees of the Nuclear Regulatory Commission.(o) Authorization for possession and use of byproduct materials at temporary job sites under exclusive federal jurisdiction shall be obtained from the Nuclear Regulatory Commission by either: (1) Filing a Nuclear Regulatory Commission Form-241 in accordance with 10 CFR 150.20(b); or(2) Applying for a specific Nuclear Regulatory Commission license.(p) Before byproduct material is used by a specific licensee at a temporary job site in another state, authorization shall be obtained from that state if it is an agreement state, or from the Nuclear Regulatory Commission for any non-agreement state, either by filing for reciprocity or applying for and obtaining a specific license.(q) Notwithstanding the provisions of He-P 4030.18(a), any person who holds a specific license issued by an agreement state, or the Nuclear Regulatory Commission, authorizing the holder to manufacture, install, or service a device described in He-P 4031.04(c) within an area subject to the jurisdiction of the licensing body shall be considered by DHHS/RHS to have a general license to install and service such device in this state provided that:(1) Such person shall file a report with DHHS/RHS within 30 days after the end of each calendar quarter in which any device is transferred to or serviced in this state;(2) The report required by He-P 4030.18(q)(1) above shall identify each general licensee by: b. The type of device transferred; andc. The quantity and type of byproduct material contained in the device;(3) The device shall have been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license, or equivalent licensing document, issued to such person by the Nuclear Regulatory Commission or an agreement state;(4) Such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of this label is prohibited";(5) In the event that a label, as specified in He-P 4030.18(q)(4) above, is missing or damaged, such person shall affix a label in accordance with the regulations of the authority which licensed manufacture of the device; and(6) The holder of the specific license shall furnish to each general licensee to whom the licensee transfers such device or on whose premises he or she installs such device a copy of the general license contained in He-P 4031.02.(r) In accordance with RSA 125-F:10, DHHS/RHS shall withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by another agency, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to protect the public health and minimize the danger to life or property.(s) A licensee to whom action has been taken as described in He-P 4030.18(r) shall be afforded a hearing within 15 days on application, in the form of a written request, to DHHS/RHS requesting such hearing.(t) A hearing held relative to action taken under He-P 4030.18(r) shall be conducted in accordance with He-C 200.N.H. Admin. Code § He-P 4030.18
(See Revision Note at part heading for He-P 4030) #6942, eff 2-1-99; ss by #7919, eff 7-18-03; ss by #8488, eff 11-18-05; ss by #8959, eff 8-7-07
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10896, Effective 7/22/2015, Expires1/18/2016.Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11006, Effective 1/15/2016, Expires 1/15/2026.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13421, Effective 7/29/2022, Expires 7/29/2032.