N.Y. Comp. Codes R. & Regs. tit. 10, § 16.109
(a) Each person who holds a license from the United States Nuclear Regulatory Commission authorizing activities within the State shall be exempt from the requirements of this Part with respect to such activities during the period that such license is valid, provided, however, that such person:
(b) Each United States Nuclear Regulatory Commission contractor or subcontractor and each United States Department of Energy contractor and subcontractor of the following categories operating within the State shall be exempt from the requirements of this Part to the extent that such contractor or subcontractor under such contract transfers, receives, possesses or uses sources of radiation:
(4) any other prime contractor or subcontractor when the State and the United States Nuclear Regulatory Commission or the United States Department of Energy jointly determine that: