Section 325.60616. Nuclear regulatory commission licensees-NRC contractors operating NRC plants and facilities-NRC agreement state licensees or registrants.

(1) Any employer who possesses or uses source material, byproduct material, or special nuclear material, as defined in the atomic energy act of 1954, as amended, under a license issued by the nuclear regulatory commission and in accordance with the requirements of 10 CFR part 20 shall be deemed to be in compliance with  these  rules  with  respect  to possession and use.

(2)      NRC contractors operating NRC plants and facilities: Any employer who possesses or uses source material, byproduct material, special nuclear material, or other radiation  sources  under  a  contract  with  the   nuclear regulatory commission for the

operation of NRC plants and facilities and in  accordance  with  the  standards, procedures, and other requirements for radiation protection established by the commission for such contract pursuant to the atomic energy act of 1954, as amended (42

U.S.C. 2011 et seq.), shall be deemed to be in compliance with these rules with respect to possession and use.

(3)     NRC-agreement state licensees or registrants the following apply:

(a)        Atomic energy act sources. Any employer who possesses or uses source material, byproduct material, or special nuclear material, as defined in the atomic energy act of 1954, as amended (42 U.S.C. 2011 et seq.), and  has either registered such sources with, or is operating under a license issued

by, a state which has an agreement in effect  with  the   nuclear  regulatory commission under section 274(b) (42 U.S.C. 2021(b)) of the atomic energy act of 1954, as amended, and according to the state's laws and regulations, shall be deemed to be in compliance with the radiation requirements of these rules, insofar as his or her possession and use of such material is concerned, unless the Secretary of Labor, after conference with the nuclear regulatory commission, shall determine that the state's program for control of these radiation sources is incompatible with the requirements of these rules. Such agreements currently are in effect only in the states of Alabama, Arkansas, California, Kansas, Kentucky, Florida, Mississippi, New Hampshire, New York, North Carolina, Texas, Tennessee,  Oregon,  Idaho,  Arizona,  Colorado, Louisiana, Nebraska, Washington, Maryland, North Dakota, South Carolina,  and Georgia.

(b)      Other sources. Any employer who possesses or uses radiation sources other than source material, byproduct material, or special nuclear material, as defined in the atomic energy act of 1954, as amended (42 U.S.C. 2011 et seq.), and has either registered such sources with, or is operating under a license issued by a state which has an agreement in effect with the nuclear regulatory commission pursuant to section 274(b) (42 U.S.C. 2021(b)) of the atomic energy act of 1954, as amended, and in accordance with  the requirements of that state's laws and regulations shall be deemed to be in compliance with the radiation requirements of these rules, as far as his or her possession and use of such material is concerned, if the state's program for control of these radiation sources is the subject of a currently effective determination by the assistant secretary of labor that such program is compatible with these rules. Such determinations currently are in effect only in the states of Alabama, Arkansas, California, Kansas,  Kentucky, Florida,  Mississippi,   New  Hampshire,   New  York, North Carolina, Texas, Tennessee, Oregon, Idaho, Arizona, Colorado, Louisiana, Nebraska, Washington, Maryland, North Dakota, South Carolina, and Georgia.

History: 2009 AACS.