DAR File No. 29336

Environmental Quality, Radiation Control

R313-36

Special Requirements for Industrial Radiographic Operations

NOTICE OF PROPOSED RULE

DAR File No.: 29336
Filed: 12/15/2006, 10:46
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update the incorporated federal regulations to the current version.

Summary of the rule or change:

With the exception of changing "Sections" to "Subsections," the rule changes are a result of incorporating the 01/01/2006, edition of 10 CFR 34 instead of the 2001 edition. The changes in the wording of the substitutions and exclusions are a result of changes in 10 CFR 34.

State statutory or constitutional authorization for this rule:

Subsections 19-3-104(4) and 19-3-104(8)

This rule or change incorporates by reference the following material:

10 CFR 34 (2006)

Anticipated cost or savings to:

the state budget:

There are no proposed rule changes that would affect the state budget since the proposed changes do not modify current requirements with a fiscal impact.

local governments:

There are no proposed rule changes that would affect local government since the proposed changes do not modify current requirements with a fiscal impact.

other persons:

There are no proposed rule changes that would affect other persons since the proposed changes do not modify current requirements with a fiscal impact.

Compliance costs for affected persons:

There are no compliance costs associated with the proposed rule changes since the proposed changes do not modify current requirements with a fiscal impact.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule changes will not have a fiscal impact on businesses since the current edition of the Federal regulations do not place additional requirements on licensees. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Radiation Control
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Philip Griffin at the above address, by phone at 801-536-4261, by FAX at 801-533-4097, or by Internet E-mail at pgriffin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2007

This rule may become effective on:

03/16/2007

Authorized by:

Dane Finerfrock, Director

R313. Environmental Quality, Radiation Control.

R313-36. Special Requirements for Industrial Radiographic Operations.

R313-36-1. Purpose and Authority.

(1) The rules in R313-36 prescribe requirements for the issuance of licenses and establish radiation safety requirements for persons utilizing sources of radiation for industrial radiography.

(2) The rules set forth herein are adopted pursuant to the provisions of Subsections[Sections] 19-3-104(4[3]) and 19-3-104(8[6]).

(3) The requirements of R313-36 are in addition to, and not in substitution for, the other requirements of these rules.

 

R313-36-3. Clarifications or Exceptions.

For purposes of R313-36, 10 CFR 34 (2006)[(2001)], is incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following 10 CFR sections: "34.1", "34.5", "34.8", "34.11", "34.121", and "34.123";

(2) The exclusion of "10 CFR 34.45(a)(9)";

(3) The exclusion of the following 10 CFR references within 10 CFR 34: "21", "Sec. 21.21", "30.7", "30.9", and "30.10";

(4) The exclusion of "offshore" in 10 CFR 34.3 definition for "offshore platform radiography";

(5) The substitution of the following wording:

(a) "Utah Radiation Control Rules" for the reference to:

(i) "Commission's regulations", except as stated in R313-36-3(5)(f);

(ii) "Federal regulations";[ and]

(iii) "NRC regulations"; and

(iv) "this chapter" as stated in 10 CFR 34.101(1)(a);

(b) "Executive Secretary" for the reference to "Commission", except as stated in 10 CFR 34.20 and R313-36-3(5)(c)(iv);

(c) "Executive Secretary, U.S. Nuclear Regulatory Commission, or an Agreement State" for references to:

(i) "NRC or an Agreement State";

(ii) "Commission or by an Agreement State";

(iii) "Commission or an Agreement State"; and

(iv) "Commission" in 10 CFR 34.43(a)(2);

(d) "License" for reference to "NRC license(s)";

(e) In 10 CFR 34.27(d), "reports of test results for leaking or contaminated sealed sources shall be made pursuant to R313-15-1208.", for reference to the following statements:

(i) "A report must be filed with the Director of Nuclear Material Safety and Safeguards, by an appropriate method listed in Sec. 30.6(a) of this chapter, the report to be filed[U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,] within 5 days of any test with results that exceed the threshold in this paragraph (d), and to describe[subsection, describing] the equipment involved, the test results, and the corrective action taken."; and

(ii) "A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission's Regional Office listed in appendix D of 10 CFR part 20 of this chapter "Standards for Protection Against Radiation.";

(f) In 10 CFR 34.27(d), "R313-15-401(6)" for the reference to "Commission regulations";

(g) In 10 CFR 34.43(a)(1), "10 CFR 30.6" for the reference to "Sec. 30.6(a) of this chapter";

(h[g]) In 10 CFR 34.89, "a U.S. Nuclear Regulatory Commission or an Agreement State" for the reference to "the Agreement State";

(i[h]) In 10 CFR 34.101(a), "Executive Secretary" for the following wording:

[(i) ]"NRC's Office of Nuclear Material Safety and Safeguards, Division of Industrial and Medical Nuclear Safety, by an appropriate method listed in Sec. 30.6(a) of this chapter,"["U.S. Nuclear Regulatory Commission, Division of Industrial and Medical Nuclear Safety, Washington, D.C. 20555-0001, with a copy to the Director, Office for Analysis and Evaluation of Operational Data, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001"];

(j[i]) In 10 CFR 34.101(c), "Executive Secretary" for the reference to "appropriate NRC regional office listed in 10 CFR 30.6(a)(2) of this chapter";

(k[j]) In Item 12, Section I of Appendix A to 10 CFR 34, "Executive Secretary, the U.S. Nuclear Regulatory Commission and other independent certifying organizations and/or Agreements States" for the reference to "Commission and other independent certifying organizations and/or Agreement States";

(l[k]) In Item 1, Section II of Appendix A to 10 CFR 34, "equivalent U.S. Nuclear Regulatory Commission or Agreement State regulations" for the reference to "equivalent Agreement State regulations"; and

(m[l]) In Item 2(c), Section II of Appendix A to 10 CFR 34, "a Utah, U.S. Nuclear Regulatory Commission, or an Agreement State licensee" for the reference to "an Agreement State or a NRC licensee"; and

(6) The substitution of the following R313 references for specific 10 CFR references:

(a) "R313-12-55(1)" for reference to "10 CFR 34.111";

(b) "R313-15" for the reference to "10 CFR 20";

(c) "R313-15-601(1)(a)" for the reference to "10 CFR 20.1601(a)(1)";

(d) "R313-15-902(1) and (2)" for the reference to "10 CFR 20.1902(a) and (b)";

(e) "R313-15-903" for the reference to "10 CFR 20.1903";

(f) "R313-15-1203" for the reference to "10 CFR 20.2203";

(g) "R313-18" for the reference to "10 CFR 19";

(h) "R313-19-30" for the reference to "10 CFR 150.20";

(i) "R313-19-50" for the reference to "Sec. 30.50"[ "10 CFR 30.50"];

(j) "R313-19-100" for the reference to "10 CFR 71", "10 CFR 71.5", and "49 CFR 171 to 173";

(k) "R313-22-33" for the reference to "10 CFR 30.33"; and

(l) "R313-36" for the reference to "10 CFR 34."

 

KEY: industry, radioactive material, licensing, surveys

Date of Enactment or Last Substantive Amendment: [May 11, 2001]2007

Notice of Continuation: October 5, 2006

Authorizing, and Implemented or Interpreted Law: 19-3-104; 19-3-108