Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
194A.005(1),
211.180(1),
211.842-211.852,
211.990(4),
10
C.F.R. Part 71, 73.2,
73.37,
49
C.F.R. 173.403,
42 U.S.C.
2011
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
211.844(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
for the registration and licensing of the possession or use of sources of
ionizing or electronic product radiation and the handling and disposal of
radioactive waste. This administrative regulation establishes requirements for
packaging and transportation of radioactive material.
Section 1. Definitions.
(1) "Agreement state" means a state with
which the United States Nuclear Regulatory Commission (NRC) or the United
States Atomic Energy Commission has entered into an effective agreement under
subsection 274 b. of the Atomic Energy Act of 1954, as amended (42
U.S.C. 2021(b) et
seq.).
(2) "Armed escort" is
defined by
10
C.F.R. 73.2.
(3) "Cabinet" is defined by
KRS
194A.005(1).
(4) "Highway route controlled quantity" is
defined by
49
C.F.R. 173.403.
(5) "Licensee" means a person who holds:
(a) A specific license issued by the cabinet
pursuant to
902 KAR
100:040 and this administrative regulation;
(b) A specific license issued by the U.S.
Nuclear Regulatory Commission or an Agreement state; or
(c) A general license pursuant to
902 KAR 100:050
or equivalent regulations of the U.S. Nuclear Regulatory Commission or an
Agreement state.
Section
2. Applicability. This administration regulation shall apply to a
licensee. The licensee shall comply with 10 C.F.R. Part 71 except as
established in subsections (1) through (3) of this section.
(1) The licensee shall not be subject to the
following:
(a)
10 C.F.R.
71.2;
(b)
10 C.F.R.
71.6;
(c)
10 C.F.R.
71.11;
(d)
10 C.F.R.
71.14(b);
(e)
10 C.F.R.
71.19;
(f)
10 C.F.R.
71.31;
(g)
10 C.F.R.
71.33;
(h)
10 C.F.R.
71.35;
(i)
10 C.F.R.
71.37;
(j)
10 C.F.R.
71.38;
(k)
10 C.F.R.
71.39;
(l)
10 C.F.R.
71.41;
(m)
10 C.F.R.
71.43;
(n)
10 C.F.R.
71.45;
(o)
10 C.F.R.
71.51;
(p)
10 C.F.R.
71.55;
(q)
10 C.F.R.
71.59;
(r)
10
C.F.R. 71.61;
(s)
10 C.F.R.
71.63;
(t)
10 C.F.R.
71.64;
(u)
10 C.F.R.
71.65;
(v)
10 C.F.R.
71.70;
(w)
10 C.F.R.
71.71;
(x)
10 C.F.R.
71.73;
(y)
10 C.F.R.
71.74;
(z)
10 C.F.R.
71.75;
(aa)
10 C.F.R.
71.77;
(bb)
10 C.F.R.
71.85(a)-(c);
(cc)
10
C.F.R. 71.91(b);
(dd)
10 C.F.R.
71.101(c)(2), (d) and (e);
or
(ee)10 C.F.R.
71.107-125.
(2) Each
application for a specific license shall be filed pursuant to
902 KAR
100:040.
(3) Reference to the "Commission", "NRC", or
an agreement state shall be deemed to be a reference to the "Cabinet for Health
and Family Services, Department for Public Health, Radiation Health Branch",
the NRC, or an agreement state except as established in the following:
(a)
10 C.F.R.
71.17; and
(b)
10 C.F.R.
71.88.
(4) Reference to the Commission, NRC, Nuclear
Regulatory Commission, United States Nuclear Regulatory Commission, or
Administrator of the appropriate Regional Office in 10 C.F.R. Part 71 shall be
deemed to be reference to the Cabinet for Health and Family Services,
Department for Public Health, Radiation Health Branch, except when used in the
following:
(a)
10 C.F.R
71.5(b);
(b)
10 C.F.R.
71.10;
(c)
10 C.F.R.
71.17(c)(3) and
(e);
(d)
10 C.F.R.
71.85(c);
(e)
10 C.F.R.
71.88(a)(4);
(f)
10 C.F.R.
71.93(c);
(g)
10
C.F.R. 71.95; and
(h)
10
C.F.R. 71.97(c)(3)(iii) and
(f).
Section 3. Transport of Highway Route
Controlled Quantities.
(1) Advanced
notification shall be provided in accordance with
10
C.F.R. 71.97 prior to the transport, or
delivery to a carrier for transport, of highway route controlled
quantities.
(2) All licensees of
the cabinet, NRC, or another Agreement state shall arrange for armed escort
when transporting materials through the Commonwealth.
(3) Armed escort may be provided by either
the Kentucky State Police (KSP) or private security firm meeting the
requirements of
10
C.F.R. 73.37.
(4) The cabinet may require advanced notice
of and armed escort for other quantities of radioactive materials for the
protection of public health and safety.
(5) Payment for escort provided by KSP shall
be made in accordance with 902 KAR 100.012, Section 4.
Section 4. Notice to Employees. The KR-441
"Notice to Employees" shall be posted instead of the NRC Form 3 as specified in
10 C.F.R. Part 71 .
Section 5.
Incorporation by Reference.
(1) KR-441 "Notice
to Employees" 9/18, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Department
for Public Health, Division of Public Health Protection and Safety, Radiation
Health Branch, 275 East Main Street, Frankfort, Kentucky, Monday through
Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.090(3),
211.844(1)
