Purpose

Purpose. This Regulation adopts by reference the current revision of the following sections in Title 10 Code of Federal Regulations Part 40: 40.1, 40.2, 40.3, 40.4 (with exception referenced in No. 1 below), 40.7, 40.9, 40.10, 40.11, 40.12, 40.13, 40.14, 40.20, 40.21, 40.22, 40.25, 40.26, 40.31, 40.32, 40.34, 40.35, 40.36, 40.41, 40.42, 40.43, 40.44, 40.45, 40.46, 40.51, 40.54, 40.55(a), (b),(c), (d), and (e), 40.60, 40,61, 40.62, 40.63, 40.65, and 40.71 and Appendix A to Part 40, with the following exceptions: 1. Not adopted by reference are Title 10 Code of Federal Regulations 40.4 Paragraph (2) Common defense and security, in the definition of “Commencement of Construction”, Paragraph 9(ii) Common defense and security, in the definition of “Construction”, the definition of “Foreign obligations”, and the definition of “Reconciliation”; 40.12(b); 40.13(c)(5)(iv); 40.31(j), (k), (l); and (m); and 40.32(d) and (g) and those portions of paragraph (e) which apply to uranium enrichment and uranium hexafluoride facilities, 40.41(d),(e)(1), (e)(3), (g) and (h); and 40.51(b)(6); and Appendix A, criterion 11A through F and criterion 12. 2. Requirements in Title 10 Code of Federal Regulations Part 40 that apply to "byproduct material" also apply to naturally occurring or accelerator- produced radioactive material. 3. Where the words "NRC", "commission", "nuclear regulatory commission", "United States Nuclear Regulatory Commission", "NRC regional administrator", or "administrator of the appropriate regional office" appear in Title 10 Code of Federal Regulations Part 40, substitute the words "Mississippi State Department of Health" except when used in Title 10 Code of Federal Regulations 40.11. 4. Title 10 Code of Federal Regulations Part 40 employee protection also applies to violations of Mississippi State Department of Health Regulations for the Control of Radiation Subchapter 10. 5. "Act" includes Mississippi Radiation Protection Law of 1976. 6. Mississippi State Department of Health form number 935, "Notice to Employees", must be posted instead of NRC form 3 that is specified in Title 10 Code of Federal Regulations Part 40. 7. Mississippi State Department of Health radioactive material license form number 843 must be used instead of NRC form 244 that is specified in Title 10 Code of Federal Regulations Part 40. 8. Mississippi State Department of Health form number 844 E "Application for Radioactive Material License" must be used instead of NRC form 313 as specified in Title 10 Code of Federal Regulations Part 40. 9. Mississippi State Department of Health form number 1061, "Certificate of Disposition of Radioactive Materials", must be used instead of NRC form 314 as specified in Title 10 Code of Federal Regulations Part 40. 10. For references to Title 10 Code of Federal Regulations Parts 170 and 171, see Mississippi State Department of Health Regulations for the Control of Radiation in Mississippi Rule 1.1.18 for applicable fee.