No. 28802 (Amendment): R313-19-34. Terms and Conditions of Licenses

DAR File No.: 28802
Filed: 06/15/2006, 09:50
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this change is to enhance the physical security for portable devices with radioactive materials. The change will also keep Utah's Radiation Control Rules compatible with federal requirements found in 10 CFR 30.

 

Summary of the rule or change:

The modification adds a requirement for portable gauge licensees to use a minimum of two independent physical controls that form tangible barriers to secure gauges when they are not under the control and constant surveillance of the licensee.

 

State statutory or constitutional authorization for this rule:

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

 

Anticipated cost or savings to:

the state budget:

There is one State-owned licensee that will be affected by this modification. Because a licensee has flexibility in selecting the physical controls to be used in securing the portable gauge, the actual cost would depend on the controls selected. The cost per unit could range from $100 for a metal cable to $400 for a simple metal tool box, to even a higher cost for a more elaborately designed metal enclosure. In the U.S. Nuclear Regulatory Commission's regulatory analysis, an average of $200 per unit was used. Because the proposed changes allow each specific licensee flexibility in methods used to attain compliance with the rule, overall costs to affected persons will depend on their business practices and cannot be determined.

 

local governments:

There are a few local governments presently licensed under Title R313 that may be affected by this modification. Some licensed entities may currently use two independent physical controls, but others may need to implement additional security measures. The cost per unit could range from $100 for a metal cable to $400 for a simple metal tool box, to even a higher cost for a more elaborately designed metal enclosure. In the U.S. Nuclear Regulatory Commission's regulatory analysis, an average of $200 per unit was used. Because the proposed changes allow each specific licensee flexibility in methods used to attain compliance with the rule, overall costs to affected persons will depend on their business practices and cannot be determined.

 

other persons:

There are approximately 53 other persons presently licensed under Title R313 that may be affected by this modification. Some licensed entities may currently use two independent physical controls, but others may need to implement additional security measures. The cost per unit could range from $100 for a metal cable to $400 for a simple metal tool box, to even a higher cost for a more elaborately designed metal enclosure. In the U.S. Nuclear Regulatory Commission's regulatory analysis, an average of $200 per unit was used. Because the proposed changes allow each specific licensee flexibility in methods used to attain compliance with the rule, overall costs to affected persons will depend on their business practices and cannot be determined.

 

Compliance costs for affected persons:

Because a licensee has flexibility in selecting the physical controls to be used in securing the portable gauge, the actual cost would depend on the controls selected. The cost per unit could range from $100 for a metal cable to $400 for a simple metal tool box, to even a higher cost for a more elaborately designed metal enclosure. In the U.S. Nuclear Regulatory Commission's regulatory analysis, an average of $200 per unit was used.

 

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

Based on reports from the U.S. Nuclear Regulatory Commission, the nationwide theft of portable gauges continues at a rate of about 50 gauges per year with a recovery rate of about 50%. More than two thirds of the stolen gauges are taken from vehicles parked outdoors. The primary intent of this rulemaking is to increase the control of portable gauges and thereby reduce the opportunity for and the number of unauthorized removals or thefts of portable gauges and, as a result, reduce the potential impact to public health and safety. The fiscal impact on businesses is minimal with regard to potential costs associated with the loss of one portable gauge. 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:

Gwyn Galloway at the above address, by phone at 801-536-4258, 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:

07/31/2006

 

This rule may become effective on:

08/11/2006

 

Authorized by:

Dane Finerfrock, Director

 

 

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-19. Requirements of General Applicability to Licensing of Radioactive Material.

R313-19-34. Terms and Conditions of Licenses.

(1) Licenses issued pursuant to Rule R313-19 shall be subject to provisions of the Act, now or hereafter in effect, and to all rules, and orders of the Executive Secretary.

(2) Licenses issued or granted under Rules R313-21 and R313-22 and rights to possess or utilize radioactive material granted by a license issued pursuant to Rules R313-21 and R313-22 shall not be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of a license to a person unless the Executive Secretary shall, after securing full information find that the transfer is in accordance with the provisions of the Act now or hereafter in effect, and to all rules, and orders of the Executive Secretary, and shall give his consent in writing.

(3) Persons licensed by the Executive Secretary pursuant to Rules R313-21 and R313-22 shall confine use and possession of the material licensed to the locations and purposes authorized in the license.

(4) Licensees shall notify the Executive Secretary in writing and request termination of the license when the licensee decides to terminate activities involving materials authorized under the license.

(5) Licensees shall notify the Executive Secretary in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11, Bankruptcy, of the United States Code by or against:

(a) the licensee;

(b) an entity, as that term is defined in 11 U.S.C.101(14), controlling the licensee or listing the license or licensee as property of the estate; or

(c) an affiliate, as that term is defined in 11 U.S.C.101(2), of the licensee.

(6) The notification specified in Subsection R313-19-34(5) shall indicate:

(a) the bankruptcy court in which the petition for bankruptcy was filed; and

(b) the date of the filing of the petition.

(7) Licensees required to submit emergency plans pursuant to Subsection R313-22-32(8) shall follow the emergency plan approved by the Executive Secretary. The licensee may change the approved plan without the Executive Secretary's approval only if the changes do not decrease the effectiveness of the plan. The licensee shall furnish the change to the Executive Secretary and to affected off-site response organizations within six months after the change is made. Proposed changes that decrease, or potentially decrease, the effectiveness of the approved emergency plan may not be implemented without prior application to and prior approval by the Executive Secretary.

(8) Each licensee preparing technetium-99m radiopharmaceuticals from molybdenum-99/technetium-99m generators shall test the generator eluates for molybdenum-99 breakthrough in accordance with Rule R313-32 (incorporating 10 CFR 35.204 by reference). The licensee shall record the results of each test and retain each record for three years after the record is made.

(9) Each portable gauge licensee shall use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, whenever portable gauges are not under the control and constant surveillance of the licensee.

 

KEY: license, reciprocity, transportation, exemptions

Date of Enactment or Last Substantive Amendment: [May 13, 2005]2006

Notice of Continuation: October 10, 2001

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