Section He-P 4038.06 - Specific Exemptions(a) The DHHS/RHS may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the rules in He-P 4038 as it determines are authorized by law and will not endanger life or property and are otherwise in the public interest.(b) Any licensee's, DHHS/RHS, or NRC-licensed activities are exempt from the requirements of He-P 4038.07 through He-P 4038.22 to the extent that the activities are included in a security plan required by He-P 4038 or the Nuclear Regulatory Commission in accordance with 10 CFR 73.(c) A licensee that possesses radioactive waste that contains category 1 or category 2 quantities of radioactive material is exempt from the requirements of He-P 4038.07 through He-P 4038.28 of this part. Except that any radioactive waste that contains discrete sources, ion-exchange resins, or activated material that weighs less than 2,000 kg (4,409 lbs.) is not exempt from the requirements of this part. The licensee shall implement the following requirements to secure the radioactive waste: (1) Use continuous physical barriers that allow access to the radioactive waste only through established access control points;(2) Use a locked door or gate with monitored alarm at the access control point;(3) Assess and respond to each actual or attempted unauthorized access to determine whether an actual or attempted theft, sabotage, or diversion occurred; and(4) Immediately notify the LLEA and request an armed response from the LLEA upon determination that there was an actual or attempted theft, sabotage, or diversion of the radioactive waste that contains category 1 or category 2 quantities of radioactive material.N.H. Admin. Code § He-P 4038.06
Derived From Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11105, Effective 5/25/2016, Expires 5/25/2026.Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12744, Effective 3/20/2019, Expires 3/20/2029.