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 39,
42 U.S.C.
2021
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
211.844 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 provides the requirements for the issuance of a
license authorizing the use of licensed materials including sealed sources,
radioactive tracers, radioactive markers, and uranium sinker bars in well
logging in a single well..
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) "Cabinet" is defined by
KRS
194A.005(1).
(3) "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 administrative regulation shall apply to a
licensee. The licensee shall comply with 10 C.F.R. Part 39 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.
39.5;
(b)
10 C.F.R.
39.8;
(c)
10 C.F.R.
39.11;
(d)
10
C.F.R. 39.101; or
(e)
10 C.F.R.
39.103.
(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.
(4)
Notifications required by
10
C.F.R. 39.77 shall be directed to the
manager, Radiation Health Branch, at:
(a) 275
East Main Street, Mailstop HS1-C-A, Frankfort, Kentucky 40621;
(b) (502)564-1492: Facsimile;
(c) (502)564-3700: Telephone, Monday through
Friday from 8 a.m. to 4:30 p.m.; or
(d) (800)255-2587: Telephone, for hours
outside of those in paragraph (c).
STATUTORY AUTHORITY:
KRS
194.050(1),
211.090(3),
211.844(1)
