General Licenses - Radioactive Material Other Than Source Material, Bonding of Persons Licensed Pursuant to Subpart II C
Division of Environmental Health
RULE NOS.:RULE TITLES:
64E-5.206General Licenses - Radioactive Material Other Than Source Material
64E-5.217Bonding of Persons Licensed Pursuant to Subpart II C
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been made to the proposed rule in Vol. 41 No. 54, March 19, 2015 issue of the Florida Administrative Register.
The Summary of Statement of Estimated Regulatory Costs and Legislative Ratification that was published in the proposed rule notice is hereby replaced in its entirety, except for the statement at the end of the paragraph in the proposed rule notice which read: “Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.” This quoted language from the proposed rule notice is not replaced in this notice nor is it reiterated.
Replacement text:
The agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency for both rules.
The Agency has determined that the proposed rules are not expected to require legislative ratification based on the statement of estimated regulatory costs for each rule.
Rule 64E-5.206, F.A.C. Summary of SERC:
This rule is not likely to directly or indirectly have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in aggregate within 5 years after the implementation of the rule; nor is it likely to directly or indirectly have an adverse impact on business competitiveness; it is not likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule as established in Section 120.541(2)(a), Florida Statutes. A limited number of museums and antiquities shops, possibly as few as 5 to 10 of each, are likely to be required to comply with this rule. There is no cost to the agency or other state and local government entities and no anticipated effect on state or local revenues. The transactional costs likely to be incurred and the impact on small businesses is outlined as follows: There is a minimal cost for notifying the Department if a radioactive device is damaged, and disposal costs. By calculation, less than 10 facilities actually possess devices that are not exempt. The cost of getting rid of these devices is estimated to be less than $100 over a five-year period. Lower impact alternatives were not implemented. If the Department does not enforce this rule, the US Nuclear Regulatory Commission must enforce the identical requirements.
Rule 64E-5.217, F.A.C. Summary of revised SERC:
This rule is not likely to directly or indirectly have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in aggregate within 5 years after the implementation of the rule; it is not likely to directly or indirectly have an adverse impact on business competitiveness; it is not likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule; it is estimated that six (6) non-government facilities that possess radioactive material whose potential disposal and decontamination costs exceed $30,000 will likely be required to comply with the rule. There is no cost to the agency or other state and local government entities and no any anticipated effect on state or local revenues. The transactional costs likely to be incurred and the impact on small businesses is outlined as follows: the initial cost for the first year is estimated to be $30,600 ($500 for legal fees plus $4,600 to financial institutions x 6 facilities) plus $110,400 ($4,600 x 6 facilities x 4 years) for a total of $141,000 aggregate within 5 years. Lower impact alternatives are not applicable as financial assurance mechanisms are established by Florida Statutes.
Therefore this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541 (2)(a), F.S.
In each of these rule sections the proposed rule notice is corrected to remove the citation to Section 404.022 F.S. as a “law implemented” by the respective rule.
The agency has prepared a revised SERC for Rule 64E-5.217, F.A.C. The revised SERC and the corrected rule notice language described herein are made in response to a JAPC letter dated March 30, 2015, addressed to these rules.
