Utah Admin. Code R313-38-3 - Clarifications or Exceptions

For purposes of Rule R313-38, 10 CFR 39 (2020), is incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following 10 CFR sections: 39.1, 39.5, 39.8, 39.11, 39.101, and 39.103.

(2) The exclusion of the following 10 CFR references within 10 CFR 39: Sec. 40.32, and Sec. 70.23.

(3) The exclusion of "licensed material" in 10 CFR 39.2 definitions.

(4) The substitution of the following wording:

(a) "license" for reference to "NRC license";

(b) "Utah Radiation Control Rules" for the references to:

(i) "Commission's regulations";

(ii) "NRC regulations";

(iii) "NRC regulations"; and

(iv) "pertinent Federal regulations";

(c) "director" for reference to "Commission", except as stated in Subsection R313-38-3(4)(d);

(d) "representatives of the director" for the references to the "Commission" in:

(i) 10 CFR 39.33(d);

(ii) 10 CFR 39.35(a);

(iii) 10 CFR 39.37;

(iv) 10 CFR 39.39(b); and

(v) 10 CFR 39.67(f);

(e) "director" for references to:

(i) "NRC" in:

(A) 10 CFR 39.63(l);

(B) 10 CFR 39.77(c)(1)(i) and (ii); and

(C) 10 CFR 39.77(d)(9);

(ii) "Appropriate NRC Regional Office" in:

(A) 10 CFR 39.77(a);

(B) 10 CFR 39.77(c)(1); and

(C) 10 CFR 39.77(d); and

(iii) "Appropriate NRC Regional Office listed in appendix D of part 20 of this chapter" in 10 CFR 39.35(d)(2);

(f) "Director, the U.S. Nuclear Regulatory Commission or an Agreement State" for the references to:

(i) "Commission or an Agreement State" in:

(A) 10 CFR 39.35(b); and

(B) 10 CFR 39.43(d) and (e); and

(ii) "Commission pursuant to Sec. 39.13(c) or by an Agreement State" in:

(A) 10 CFR 39.43(c); and

(B) 10 CFR 39.51;

(g) In 10 CFR 39.35(d)(1), "persons specifically licensed by the Director, the U.S. Nuclear Regulatory Commission, or an Agreement State" for the reference to "an NRC or Agreement State licensee that is authorized"; and

(h) In 10 CFR 39.75(e), "a U.S. Nuclear Regulatory Commission or an Agreement State" for the reference to "the Agreement State".

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

(a) Section R313-12-3 for the reference to Sec. 20.1003 of this chapter;

(b) Section R313-12-54 for the reference to 10 CFR 39.17;

(c) Subsection R313-12-55(1) for the reference to 10 CFR 39.91;

(d) Rule R313-15 for references to:

(i) Part 20; and

(ii) Part 20 of this chapter;

(e) Subsection R313-15-901(1) for the reference to Sec. 20.1901(a);

(f) Section R313-15-906 for the reference to Sec. 20.1906 of this chapter;

(g) Sections R313-15-1201 through R313-15-1203 for the references to:

(i) Secs. 20.2201-20.2202; and

(ii) Sec. 20.2203;

(h) Rule R313-18 for the reference to part 19;

(i) Section R313-19-30 for the reference to Sec. 150.20 of this chapter;

(j) Section R313-19-50 for the references to:

(i) Sec. 30.50; and

(ii) Part 21 of this chapter;

(k) Section R313-19-71 for the reference to Sec. 30.71;

(l) Section R313-19-100 for the references to:

(i) 10 CFR Part 71 ; and

(ii) Sec. 71.5 of this chapter;

(m) Section R313-22-33 for the reference to 10 CFR 30.33; and

(n) Rules R313-15, R313-18, and R313-38 for corresponding references to:

(i) Parts 19, 20, and 39 of this chapter; and

(ii) A copy of parts 19, 20, and 39 of NRC regulations.

Notes

Utah Admin. Code R313-38-3

Amended by Utah State Bulletin Number 2015-8, effective 3/17/2015 Amended by Utah State Bulletin Number 2023-03, effective 1/17/2023