216-40-20 R.I. Code R. § 7.10

Current through June 20, 2024

Section 216-RICR-40-20-7.10 - Reciprocal Recognition of Licenses

7.10.1Specific Radioactive Material Licenses

A. Subject to this Subchapter, and the limitations contained in §7.10.1(D) of this Part, any person who holds a specific license from the U.S. Nuclear Regulatory Commission or any Agreement 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 Rhode Island, except for areas under exclusive federal jurisdiction, for a period not in excess of one hundred eighty (180) days in any calendar year provided that:

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

2. The out-of-State licensee submits Agency Form MAT-9i, a copy of the pertinent licensing document, and the appropriate fee as prescribed in §15.5.4 of this Subchapter to the Agency at least three (3) days prior to engaging in such activity for the first time in a calendar year. If a submittal cannot be filed three (3) days before engaging in activities under reciprocity, because of an emergency or other reason, the Agency may waive the three (3) day time requirement provided the licensee:

a. Informs the Agency by telephone, facsimile, an Agency Form MAT- 9N, or a letter of initial activities or revisions to the information submitted on the initial Agency Form MAT-9i;

b. Receives oral or written authorization for the activity from the Agency; and

c. Within three (3) days after the notification, files an Agency Form MAT-9N, a copy of the pertinent licensing document, and the appropriate fee as prescribed in §15.5.4 of this Subchapter.

3. The out-of-State licensee complies with all applicable Regulations of the Agency and with all the terms and conditions of his licensing document, except any such terms and conditions which may be inconsistent with applicable Regulations of the Agency;

4. The out-of-State licensee supplies such other information as the Agency may request; and

5. The out-of-State licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in §7.10.1(A) of this Part except by transfer to a person specifically licensed by the Agency, another Agreement State or by the U.S. Nuclear Regulatory Commission to receive such material.

6. The out-of-State licensee files an amended Agency Form MAT-9N with the Agency to request approval for changes in work locations, radioactive material, or work activities different from the information contained on the initial MAT-9N.

B. Notwithstanding the provisions of §7.10.1(A) of this Part, any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission or an Agreement State authorizing the holder to manufacture, transfer, install, or service a device described in §7.7.1 of this Part within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate or service such a device in Rhode Island, except for areas under exclusive federal jurisdiction, provided that:

1. Such person shall file a report with the Agency within thirty (30) days after the end of each calendar quarter in which any device is transferred to or installed in Rhode Island. 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 or an Agreement State;

3. 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;" and

4. The holder of the specific license shall furnish to each general licensee to whom he transfers such device or on whose premises he installs such device a copy of the general license contained in §7.7.1 of this Part.

C. The Agency may 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 prevent undue hazard to public health and safety or property.

D. The Agency will not accept any applications for reciprocity under this Part with respect to activities authorized pursuant to regulations that are equivalent to Part 9 of this Subchapter entitled "Medical Use of Radioactive Material." These activities will only be authorized under the provision of a specific license issued by the Agency.

7.10.2Generally Licensed Devices

A. Reciprocity requests involving generally licensed devices registered pursuant to §7.7.1 of this Part or the equivalent Regulations of the U.S. Nuclear Regulatory Commission or another Agreement State shall be handled in accordance with the procedures contained in §7.10.1 of this Part. Applicants for reciprocity shall submit evidence of current registration pursuant to §7.7.1 of this Part (or the equivalent regulations of the U.S. Nuclear Regulatory Commission or another Agreement State) in lieu of a specific radioactive materials license.

B. Reciprocity requests involving other generally licensed devices shall also be handled in accordance with the procedures contained in §7.10.1 of this Part. In lieu of a specific radioactive materials license, applicants for reciprocity shall submit a copy of the general license authorization for the device and documentation that they are authorized to possess the device under a general license pursuant to the regulations of the U.S. Nuclear Regulatory Commission or another Agreement State that are applicable to the jurisdiction where the reciprocity request originated.

216 R.I. Code R. § 216-RICR-40-20-7.10

Adopted effective 1/1/2019
Amended effective 5/25/2022