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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter G. LICENSING OF SOURCE MATERIAL


Sec.


217.171.    Incorporation by reference.
217.172.    Effect of incorporation of 10 CFR Part 40.

Source

   The provisions of this Subchapter G adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239, unless otherwise noted.

§ 217.171. Incorporation by reference.

 (a)  Except as provided in this subchapter, the requirements of 10 CFR Part 40 (relating to domestic licensing of source material) are incorporated by reference.

 (b)  Notwithstanding the requirements incorporated by reference, 10 CFR 40.6, 40.8, 40.12(b), 40.13(c)(5)(iv), 40.23, 40.27, 40.28, 40.31(k) and (i), 40.32(d), (e) and (g), 40.33, 40.38, 40.41(d), (e)(1) and (3) and (g), 40.51(b)(6), 40.52, 40.53, 40.64, 40.66, 40.67, 40.81 and 40.82 are not incorporated by reference. Paragraph 2 of the definition of ‘‘commencement of construction’’ and paragraph 9(ii) of the definition of ‘‘construction’’ in section 40.4 are not incorporated.

Source

   The provisions of this §  217.171 amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended September 14, 2018, effective September 15, 2018, 48 Pa.B. 5723. Immediately preceding text appears at serial page (304442).

§ 217.172. Effect of incorporation of 10 CFR Part 40.

 To reconcile differences between this subchapter and the incorporated sections of 10 CFR Part 40 (relating to domestic licensing of source material), the following words and phrases shall be substituted for the language in 10 CFR Part 40 as follows:

   (1)  A reference to ‘‘NRC’’ or ‘‘Commission’’ means Department.

   (2)  A reference to ‘‘NRC or agreement state’’ means Department, NRC or agreement state.

   (3)  The definition of ‘‘sealed source’’ includes NARM.

   (4)  A reference to ‘‘byproduct material’’ includes NARM.

   (5)  Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR (relating to energy) shall be directed to the Department.

Source

   The provisions of this §  217.172 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (393720).



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