N.H. Admin. Code § He-P 4001.02

Current through Register No. 50, December 12, 2024

Section He-P 4001.02 - Exemptions

(a) Pursuant to RSA 125-F:7, III, the following persons shall be exempt from the requirements of He-P 4000 as follows:

(1) Prime contractors performing work for the U.S. Department of Energy at U.S. Government owned or controlled sites shall be exempt from these rules to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers, or acquires sources of radiation including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation;

(2) Prime contractors of the U.S. Department of Energy shall be exempt from these rules to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers, or acquires sources of radiation to perform research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof;

(3) Prime contractors of the U.S. Department of Energy shall be exempt from these rules to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers, or acquires sources of radiation to use or operate nuclear reactors or other nuclear devices in a United States government owned vehicle or vessel;

(4) Any other prime contractor or subcontractor of the U.S. Department of Energy or of the U.S. Nuclear Regulatory Commission shall be exempt from these rules to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers, or acquires sources of radiation; and

(5) Any other prime contractor or subcontractor of the U.S. Department of Energy or of the U.S. Nuclear Regulatory Commission shall be exempt from these rules when the state and the U.S. Nuclear Regulatory Commission jointly determine:

a. That the exemption of the prime contractor or subcontractor is authorized by law; and

b. That, under the terms of the contract or subcontract, there is adequate assurance that the work there under can be accomplished without undue risk to the public health and safety.

N.H. Admin. Code § He-P 4001.02

#5903, eff 2-1-95; ss by #6827, eff 8-6-98; ss by #8692, INTERIM, eff 7-27-06, EXPIRES: 2-2-07; ss by #8808, eff 1-24-07

Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10805, Effective 3/28/2015, Expires3/28/2025.