Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,118
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TAKINGS IMPACT ASSESSMENT
The department has determined that the proposed amendments
do not restrict or limit an owner's right to his or her property that
would otherwise exist in the absence of government action and,
therefore, do not constitute a taking under Government Code,
2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Cindy Card-
well, Radiation Group, Policy/Standards/Quality Assurance Unit,
Division of Regulatory Services, Environmental and Consumer
Safety Section, Department of State Health Services, 1100 West
49th Street, Austin, Texas 78756, (512) 834-6770, extension
2239, or by email to Cindy.Cardwell@dshs.state.tx.us. Com-
ments will be accepted for 30 days following publication of the
proposal in the Texas Register.
PUBLIC HEARING
A public hearing to receive comments on the proposal will
be scheduled after publication in the Texas Register and
will be held at the Department of State Health Services, Ex-
change Building, 8407 Wall Street, Austin, Texas 78754. The
meeting date will be posted on the Radiation Control web-
site (www.dshs.state.tx.us/radiation). Please contact Cindy
Cardwell at (512) 834-6770, extension 2239, or Cindy.Card-
well@dshs.state.tx.us if you have questions.
LEGAL CERTIFICATION
The Department of State Health Services, Deputy General
Counsel, Lisa Hernandez, certifies that the proposed rules have
been reviewed by legal counsel and found to be within the state
agencies' authority to adopt.
SUBCHAPTER D. GENERAL
25 TAC 289.202
STATUTORY AUTHORITY
The proposed amendment is authorized by Health and Safety
Code, 401.051, which provides the Executive Commissioner
of the Health and Human Services Commission with authority
to adopt rules and guidelines relating to the control of radia-
tion; and Government Code, 531.0055, and Health and Safety
Code, 1001.075, which authorize the Executive Commissioner
of the Health and Human Services Commission to adopt rules
and policies for the operation and provision of health and hu-
man services by the department and for the administration of
Health and Safety Code, Chapter 1001. The proposed repeal
and new 289.255 are also authorized by Health and Safety
Code, 401.301, which allows the department to collect fees for
radiation control licenses and registrations that it issues.
The proposed amendment affects the Health and Safety Code,
Chapters 401 and 1001; and Government Code, Chapter
531. The review of the rules implements Government Code,
2001.039.
289.202. Standards for Protection Against Radiation from Radioac-
tive Materials.
(a) - (b) (No change.)
(c) Definitions. The following words and terms when used in
this section shall have the following meaning, unless the context clearly
indicates otherwise.
(1) - (20) (No change.)(21) Nationally tracked source--A sealed source containing
a quantity equal to or greater than Category 1 or Category 2 levels of
any radioactive material listed in subsection (hhh)(2) of this section.
In this context a sealed source is defined as radioactive material that
is sealed in a capsule or closely bonded, in a solid form and which is
not exempt from regulatory control. It does not mean material encap-
sulated solely for disposal, or nuclear material contained in any fuel
assembly, subassembly, fuel rod, or fuel pellet. Category 1 nationally
tracked sources are those containing radioactive material at a quantity
equal to or greater than the Category 1 threshold. Category 2 nationally
tracked sources are those containing radioactive material at a quantity
equal to or greater than the Category 2 threshold but less than the Cat-
egory 1 threshold.
(22) [(24)] Negative pressure respirator (tight fitting)--A
respirator in which the air pressure inside the facepiece is negative dur-
ing inhalation with respect to the ambient air pressure outside the res-
pirator.
(23) [(22)] Nonstochastic effect--A health effect, the
severity of which varies with the dose and for which a threshold is
believed to exist. Radiation-induced cataract formation is an example
of a nonstochastic effect. For purposes of this section, deterministic
effect is an equivalent term.
(24) [(23)] Planned special exposure--An infrequent expo-
sure to radiation, separate from and in addition to the annual occupa-
tional dose limits.
(25) [(24)] Positive pressure respirator--A respirator in
which the pressure inside the respiratory inlet covering exceeds the
ambient air pressure outside the respirator.
(26) [(25)] Powered air-purifying respirator--An air-puri-
fying respirator that uses a blower to force the ambient air through
air-purifying elements to the inlet covering.
(27) [(26)] Pressure demand respirator--A positive pres-
sure atmosphere-supplying respirator that admits breathing air to the
facepiece when the positive pressure is reduced inside the facepiece by
inhalation.
(28) [(2-)] Qualitative fit test--A pass/fail fit test to assess
the adequacy of respirator fit that relies on the individual's response to
the test agent.
(29) [(28)] Quantitative fit test--An assessment of the ade-
quacy of respirator fit by numerically measuring the amount of leakage
into the respirator.
(30) [(29)] Quarter--A period of time equal to one-fourth
of the year observed by the licensee, approximately 13 consecutive
weeks, providing that the beginning of the first quarter in a year co-
incides with the starting date of the year and that no day is omitted or
duplicated in consecutive quarters.
(31) [(30)] Reference man--A hypothetical aggregation of
human physical and physiological characteristics determined by inter-
national consensus. These characteristics may be used by researchers
and public health employees to standardize results of experiments and
to relate biological insult to a common base. A description of Refer-
ence Man is contained in the International Commission on Radiological
Protection Report, ICRP Publication 23, "Report of the Task Group on
Reference Man."
(32) [(341)] Respiratory protective equipment--An appara-
tus, such as a respirator, used to reduce an individual's intake of air-
borne radioactive materials.32 TexReg 3118 June 8, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/41/?rotate=180: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.