1. (a) In addition to meeting the requirements set forth in sections 30194, 30194.1, 30195, 30195.1, 30195.2, 30195.3 and 30196, specific licenses shall be issued only if the applicant submits documentation demonstrating that it is capable of complying, and following issuance of the license will continue to comply, with the regulations governing the physical protection of category 1 and category 2 quantities of radioactive material in Title 10, Code of Federal Regulations (10 CFR), Part 37 and Appendix A of 10 CFR Part 37 (January 1, 2021), which are hereby incorporated by reference with the following exceptions.

   1. (1) Title 10, CFR sections 37.1, 37.3, 37.7, 37.9, 37.11(a) & (b), 37.13, 37.105, 37.107, and 37.109 are not incorporated by reference.
   2. (2) The term “government agency” found in 10 CFR 37.5 is not incorporated by reference.
   3. (3) Part 73, as referenced in sections 37.21, 37.25, and 37.27 of 10 CFR 37, is not incorporated by reference, except that a licensee may meet the applicable provision by compliance with Part 73 as referenced.

   4. (4) Except as follows, any reference to the United States Nuclear Regulatory Commission (NRC) or any component thereof shall be deemed to be a reference to the Department:

      1. (A) Section 37.5 of 10 CFR 37. The reference to the NRC found in the term “fingerprint orders” shall be deemed to include both the NRC and the Department, as applicable. The term “agreement state” found within the definition of “fingerprint orders” shall be as defined in paragraph (6);
      2. (B) Section 37.25 of 10 CFR 37, subject to paragraph (3). The reference to the NRC found in the definition of “security orders” in Section 37.25(b)(2) shall remain a reference to the NRC;
      3. (C) Section 37.27 of 10 CFR 37, subject to paragraph (3). Licensees shall comply with all submittals and processes specified in 10 CFR 37.27 by submitting and corresponding directly to the NRC as required by 10 CFR 37.27, except that “Mail Stop T-07D04M” shall be used in lieu of “Mail Stop T-8B20” found in § 37.27(c); and
      4. (D) Section 37.71 of 10 CFR 37. Any reference to the NRC shall be deemed to include the NRC, the Department, and any Agreement State, as applicable, except that any reference to “NRC's license verification system” remains a reference to the NRC.
   5. (5) Reference to 10 CFR 30.41(d) found in 10 CFR 37.71 shall be deemed to be a reference to section 30210(c).

   6. (6) For purposes of this section, any reference to the below identified federal term found within 10 CFR 37.5 shall be deemed to be a reference to the below identified Department term that is defined as specified in the following table:

      Federal term found within 10 CFR 37.5

      Department term

      Act

      “Act” as defined in section 30100.

      Agreement State

      “Agreement State” as defined in section 30100.

      Becquerel

      “Becquerel” as defined in 10 CFR 20.1005 incorporated by reference in section 30253.

      Federal term found within 10 CFR 37.5

      Department term

      Byproduct material

      “Radioactive material” as defined in section 30100.

      Curie

      “Curie” as defined in 10 CFR 20.1005 incorporated by reference in section 30253.

      License

      “License” as defined in section 30100.

      Person

      “Person” as defined in section 30100.

   7. (7) Title 10, CFR sections 37.101 and 37.103 are substituted with section 30293.
   8. (8) The mathematical formula for calculations concerning multiple sources or multiple radionuclides found in the Note to Appendix A of 10 CFR 37 shall read as published on November 30, 2021 in Volume 86, Number 227 of the Federal Register at page 67842, which is hereby incorporated by reference.

Note: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 115060, 115165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

History

1. Amendment of article heading and new section filed 3-18-2019; operative 7-1-2019 (Register 2019, No. 12). For prior history, see Register 87, No. 29.

2. Amendment of subsections (a), (a)(4)(C) and (a)(5) and new subsection (a)(8) filed 3-30-2022; operative 7-1-2022 (Register 2022, No. 13).