No. 30774: R313-12-111. Submission of Electronic Copies

DAR File No.: 30774
Filed: 02/06/2008, 02:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change in proposed rule is to require the submission of electronic copies of reports and other documentation sent to the Executive Secretary of the Radiation Control Board. Public comments were received and they have resulted in changes to the proposed rule.

Summary of the rule or change:

Public comments were received on the proposed amendment under DAR No. 30774 from the December 1, 2007, Bulletin. The Radiation Control Board approved the filing of a notice of change in proposed rule. Changes are proposed so that the rule does not apply to public comments received during a formal public comment period; to correspondence received from individuals or organizations that are not currently regulated by the agency, unless that correspondence is about proposing an activity or facility that would be subject to agency regulation; and to documents used to make payments to the agency. The rule was changed so that electronic copies of security-sensitive information do not need to be submitted. To add clarity, the format of the rule was changed. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the December 1, 2007, issue of the Utah State Bulletin, on page 4. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Sections 19-3-104 and 19-3-108

Anticipated cost or savings to:

the state budget:

No impact to the state budget is anticipated since this requirement specifies computer software and hardware that the state currently uses.

local governments:

A few local government agencies are Radioactive Material Licensees. As such, they send submissions to the Executive Secretary of the Radiation Control Board. There may be a cost for some local government agencies, but the amount is unknown because the Executive Secretary has no information about the computer software and hardware used by the affected local government agency. The Executive Secretary chose to provide a narrative explanation rather than a dollar estimate because of the lack of information about the computer software and hardware used by an affected local government agency.

small businesses and persons other than businesses:

Some small businesses and persons other than businesses are Radioactive Material Licensees. As such, they send submissions to the Executive Secretary of the Radiation Control Board. There may be a cost for some small businesses and persons other than businesses, but the amount is unknown because the Executive Secretary has no information about the computer software and hardware used by small businesses and persons other than businesses. The Executive Secretary chose to provide a narrative explanation rather than a dollar estimate because of the lack of information about the computer software and hardware used by small businesses and persons other than businesses.

Compliance costs for affected persons:

Persons affected by this rule may have a cost to be compliant with the requirement to send submissions in an electronic format. The cost for an affected person is unknown because the Executive Secretary of the Radiation Control Board has no information about the computer software and hardware used by the person. The Executive Secretary chose to provide a narrative explanation rather than a dollar estimate because of the lack of information about the computer software and hardware used by an affected person.

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

A small number of Utah businesses may be affected by the proposed rule due to incompatible computer software and hardware. The rule is expected to have a minimal financial impact on business. The specific amount is unknown, but it is likely to be less than $1,000 per licensee. Richard W. Sprott, 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:

Craig Jones at the above address, by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]

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:

03/31/2008

This rule may become effective on:

04/11/2008

Authorized by:

Dane Finerfrock, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-12. General Provisions.

R313-12-111. Submission of Electronic Copies.

(1) All [official ]submissions to the Executive Secretary not exempt in paragraph R313-12-111(5) shall also be submitted to the Executive Secretary in electronic format. This requirement extends to all attachments to these documents.

(2) The electronic copy shall be a true, accurate, searchable and reproducible copy of the official submission, except that it need not include signatures or professional stamps.

(3) All electronic copies shall be submitted on a CD or DVD nonrewritable disc, except that documents smaller than 25[one] megabytes may be submitted by email[ to an appropriate Division of Radiation Control staff member].

(4) All documents shall be submitted in one of the following electronic formats, at the choice of the submitter:

(a) [a]A searchable PDF document (a document that may be read and searched using Adobe Reader); or

(b) [a]A Microsoft Word document.

(5) The requirements of this rule do not apply to:[]

(a) X-ray registration applications;[ or ]

(b) [s]Submissions shorter than 25 pages unless otherwise ordered by the Executive Secretary[. The Executive Secretary may also waive the requirements of R313-12-111(1) for good cause.];

(c) Public comments received during a formal public comment period;

(d) Correspondence received from individuals or organizations that are not currently regulated by the agency, unless that correspondence is about proposing an activity or facility that would be subject to agency regulation; and

(e) Documents used to make payments to the agency.

(6) If an official submission includes information for which business confidentiality is claimed or that is security-sensitive, this requirement applies only to that portion of the submission for which [business]no confidentiality is[ not] claimed.

(7) The Executive Secretary may waive the requirements of R313-12-111(1) for good cause.

 

KEY: definitions, units, inspections, exemptions

Date of Enactment or Last Substantive Amendment: 2008

Notice of Continuation: July 10, 2006

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