Current through Register Vol. 35, No. 6, March 26, 2024
A. Provided that the requirements of this
section have been met, any person who holds a specific license from the NRC or
an agreement state, and issued by the regulatory authority 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 the state of New Mexico for a period not in excess of 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 notifies the
department in writing at least three business days prior to engaging in such
activity, filing a form, reciprocity application - proposed
activities; such notification shall indicate the location of work,
period of work, and type, manufacturer name and model number of radioactive
material to be brought within the state, the client's name and address, and
shall be accompanied by a copy of the pertinent licensing document and
application fee as determined by 20.3.16 NMAC charged once for each calendar
year; if, for a specific case, the three-day period would impose an undue
hardship on the out-of-state licensee, they may, upon application to the
department, obtain permission to proceed sooner; the department may waive the
requirements for filing additional written notifications during the calendar
year following the receipt of the initial notification from a person engaging
in activities under the general license provided in this section;
(3) the out-of-state licensee complies with
all applicable provisions of 20.3 NMAC, all provisions of the act, now or
hereafter in effect, and orders of the board or department and with all the
terms and conditions of their licensing document, except any such terms and
conditions which may be inconsistent with requirements in this
chapter;
(4) the out-of-state
licensee supplies such other information as the department 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 this section except by transfer to a person
specifically licensed by the department, an agreement state or by the NRC to
receive such material.
B. Notwithstanding the provisions of
Subsection A of this section, any person who holds a specific license issued by
the NRC or an agreement state authorizing the holder to manufacture, transfer,
install or service a device described in Paragraph (1) of Subsection B of
20.3.3.305 NMAC 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 this state provided that:
(1) such person shall file a report with the
department within 30 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 license 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 NRC or an agreement
state;
(3) such person shall assure
that any labels required to be affixed in 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 they transfer such device or on whose
premises they install such device a copy of the general license contained in
Subsection B of 20.3.3.305 NMAC.
C. The department may withdraw, limit or
qualify its acceptance of any specific license or equivalent licensing document
issued by another department, 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. Reciprocity in Areas of Exclusive Federal
Jurisdiction:
(1) Before radioactive material
can be used at temporary jobsites at any federal facility, the jurisdictional
status of the jobsites shall be determined. If a temporary jobsite is under
exclusive federal jurisdiction, the general license authorized under Subsection
A of this section is subject to all the rules, regulations, orders and fees of
the NRC.
(2) Authorizations for use
of radioactive materials in areas of exclusive federal jurisdiction shall be
obtained from the NRC by:
(a) filing an NRC
form 241 in accordance with
10 CFR
150.20(b); or
(b) applying for a specific NRC
license.
E.
Reciprocity in Other States:
(1) Before
radioactive material can be used at a temporary jobsite in another state,
authorization shall be obtained from the state if it is an agreement state or
from NRC for any non-agreement state, either by filing for reciprocity or
applying for a specific license.
(2) The general license authorized under
Subsection A of this section is subject to all the rules, regulations, orders
and fees of the agreement state, or those of the NRC for any non-agreement
state.
