64E-5.216. Reciprocal Recognition of Licenses for Byproduct, Source, Naturally Occurring and Accelerator Produced Radioactive Material, and Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass

(1) Subject to these regulations, any person who holds a specific license from the NRC, or an Agreement State and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, will be granted a general license by the Department to conduct the activities authorized in such licensing document within the State of Florida, except for areas of exclusive federal jurisdiction, for a period not in excess of 180 consecutive days provided that:

(a) The out-of-state license document does not limit the performance of the function authorized by such document to specified installations or locations;

(b) The out-of-state licensee notifies the Department in writing at least 3 days prior to engaging in such activity. Such notification shall indicate the location, period and type of proposed possession and use within the State, and shall be accompanied by a copy of the pertinent licensing document. If, for a specific case, the 3-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the Department, obtain permission to proceed sooner;

(c) The out-of-state licensee complies with these applicable regulations and with all the terms and conditions of the licensing document, except any such terms and conditions that are inconsistent with these applicable regulations; and

(d) 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 who is specifically licensed by the Department, by the NRC, an Agreement State or a Licensing State to receive such material.

(e) Any licensee using or storing radioactive material at any location not listed on the license for a period in excess of 180 days in a calendar year, shall notify the department with the information listed in paragraph 64E-5.216(1)(b), F.A.C., prior to exceeding the 180 days.

(2) In addition to the provisions of subsection (1), above, any person who holds a specific license issued by the NRC, an agreement state, or a licensing state authorizing the holder to manufacture, transfer, install or service a device described in paragraph 64E-5.206(4)(a), F.A.C., within areas subject to the jurisdiction of the licensing body may be granted a general license by the Department to install, transfer, demonstrate or service such a device in this State provided that:

(a) 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 licensee to whom such device is transferred by name and address, the type of radioactive material contained in the device;

(b) 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;

(c) 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”; and

(d) The holder of the specific license shall furnish to each general licensee to whom he transfers such device, or on whose premises he installs such device, a copy of the general license contained in subsection 64E-5.206(4), F.A.C., or in equivalent regulations of the agency having jurisdiction over the manufacture and distribution of the device.

(3) The Department may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by the U.S. Nuclear Regulatory Commission, an Agreement State, or a Licensing State, 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, safety or property.

Rulemaking Authority 404.051(4), (11), 404.061(2) FS. Law Implemented 404.051(1), (2), (4), (6), (11), 404.061(2), 404.081(1) FS. History–New 7-17-85, Amended 4-4-89, Formerly 10D-91.321, Amended 10-8-00, 2-28-08, 2-11-10, 12-26-13.