Section 0400-20-10-.29 - RECIPROCAL RECOGNITION OF LICENSES(1) Subject to these regulations, any individual in another state who holds a specific license from the U.S. Nuclear Regulatory Commission, an Agreement State or Licensing State, and issued by the agency having primary jurisdiction, where the licensee maintains an office for directing the licensed activities and at which radiation safety records are normally maintained, may possess or use the licensed radioactive material to conduct the activities authorized by such license within this State for a period not in excess of 180 days in any calendar year and will be considered, without obtaining a specific licensing document from this Division, a licensee of this State provided that: (a) The out-of-state licensing document does not limit the activity authorized by such document to specified installations or locations;(b) The out-of-state licensee notifies the Division in writing at least three days prior to each entry into this State to engage in such activity. Such notification shall indicate the location, period, type of proposed possession, use and supervisor within this State, and shall be accompanied by a copy of the pertinent licensing document or shall indicate in the notification that such licensing document has previously been submitted to this Division. If for a specific case, the three-day period would impose an undue hardship, the Division may authorize such person to proceed sooner upon notification by telephone of intent to conduct the proposed activity provided that the licensee shall file in writing the information required in this paragraph within three days of the telephone notification;(c) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the provisions of this rule except by transfer to a person:1. Specifically licensed by the Division, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State to receive such material; or2. Exempt from the requirements for a license for such material under subparagraph (1)(a) of Rule 0400-20-10-.04;(d) The out-of-state licensee complies with all applicable regulations of the Division 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 Division; and(e) The Division may require the out-of-state licensee to supply such other information as the Division may request.(2) Notwithstanding the provision of paragraph (1) of this rule, any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State authorizing the holder to manufacture, install, or service a device described in subparagraph (2)(a) of Rule 0400-20-10-.10 within the areas subject to the jurisdiction of the licensing body is hereby granted a general license to install and service such device in this State provided that: (a) 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; and(b) 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."(3) The Division 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 protect the public health and safety or property.(4) Before radioactive materials can be used at a temporary job site within the State at any Federal facility, the jurisdictional status of the job site shall be determined. If the jurisdictional status is unknown, the Federal agency should be contacted to determine if the job site is under exclusive Federal jurisdiction. (a) In areas of exclusive Federal jurisdiction, the general license is subject to all the applicable rules, regulations, orders and fees of the NRC, and(b) Authorizations for use of radioactive materials at job sites under exclusive Federal jurisdiction shall be obtained from the NRC by either:1. Filing a NRC Form-241 in accordance with 10 CFR 150.20(b); or2. By applying for a specific NRC license.(5) Before radioactive material can be used at a temporary job site in another State, authorization shall be obtained for the State if it is an Agreement State, or from the NRC for any non-Agreement State, either by filing for reciprocity or applying for a specific license.Tenn. Comp. R. & Regs. 0400-20-10-.29
Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed February 28, 2024; effective 5/28/2024.Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.