[ RadSafe ] Airport X-Ray scanners

[roseb at gdls.com]

In response to Cary Renquist's post of 12/02/2010, 05:21 PM to RadSafe:

>I assume that x-ray device rules are the same as radioactive material 
rules...

This assumption is not correct.  X-ray device rules can and often do 
differ widely from radioactive material rules throughout US federal and 
state jurisdictions.

>Federal Agencies are only exempt from State rules if they are located on 
Federal "land" -- areas over which the Federal government exercises legal 
control without interference from the jurisdiction and administration of 
State law i.e. area of exclusive federal jurisdiction.

This statement is also not completely correct.  An example to the contrary 
is when a federal agency is licensed by the NRC to conduct licensed 
activities in a non-agreement states, such activities can take place at 
permanent or temporary locations as authorized by the license granted by 
the NRC - such locations are not Federal land, federal enclaves, or 
exclusive federal jurisdictions.  Radiation rules in non-agreement states 
typically except or exempt persons or entities conducting NRC licensed 
activities in the state from the state's materials licensing rules.

Also, some state or local agencies, departments or jurisdictions night not 
have clearly defined rules or jurisdiction to regulate the application of 
radiation to humans in the case of x-ray devices used for security 
screening purposes as opposed to human or veterinary medical purposes 
(i.e. diagnosis, therapy, training, research, etc.).  The application of 
this type of screening device appears to have increased significantly 
after the events of 9/11/2001, which is just short of one decade ago - 
state radiation rules usually take about a decade or longer to revise and 
become finalized as rules based on what I have observed in the US.

Henry

Boyd H. Rose, CM, CIH, CHMM
Sr. Safety and Environmental Engineering Specialist
Corporate Radiation Safety Officer
General Dynamics Land Systems
38500 Mound Road
Mail Zone 436-10-75
Sterling Heights , MI 48310-3269
Tel: 586 825 4503
Fax: 586 825 4015
E-mail: roseb at gdls.com







"Cary Renquist" <cary.renquist at ezag.com> 
Sent by: radsafe-bounces at agni.phys.iit.edu
12/02/2010 05:21 PM
Please respond to
"The International Radiation Protection \(Health Physics\) Mailing List" 
<radsafe at agni.phys.iit.edu>


To
"The International Radiation Protection (Health Physics) MailingList" 
<radsafe at agni.phys.iit.edu>, <EMERDF at nv.doe.gov>
cc

Subject
Re: [ RadSafe ] Airport X-Ray scanners






I assume that x-ray device rules are the same as radioactive material
rules...
Federal Agencies are only exempt from State rules if they are located on
Federal "land" -- areas over 
which the Federal government exercises legal control without
interference from the jurisdiction and 
administration of State law i.e. area of exclusive federal jurisdiction.

Airports are generally owned/operated/policed by municipalities, so
unless it is an Air Force base, I don't' think an airport would be
considered a location of Exclusive Federal Jurisdiction.

Cary

---
Cary Renquist
cary.renquist at ezag.com


-----Original Message-----
From: radsafe-bounces at health.phys.iit.edu
[mailto:radsafe-bounces at health.phys.iit.edu] On Behalf Of Clayton J
Bradt
Sent: Thursday, 02 December 2010 11:01
To: EMERDF at nv.doe.gov
Cc: radsafe at health.phys.iit.edu
Subject: Re: [ RadSafe ] Airport X-Ray scanners


All very good questions. The answer is that NOBODY licenses, or
registers 
the units themselves or the users of these scanners.  The regulation of 
the use of x-rays is ordinarily the responsibility of the states. FDA 
regulates the manufacturers of the equipment but the installation and
use 
of all such equipment is under state authority.  The problem is that TSA

is a federal agency. As such it is immune from regulation by the states.

Another federal agency could regulate TSA, but no federal agency has
been 
given authority to do so.  In effect TSA is self-regulated when it comes

to the application of radiation to humans.  But, don't worry. They are 
only trying to protect us.

 
Clayton J. Bradt
Principal Radiophysicist
NYS Dept. of Health
Biggs Laboratory, Room D486A
Empire State Plaza
Albany, NY 12201-0509

518-474-1993

_______________________________________________
You are currently subscribed to the RadSafe mailing list

Before posting a message to RadSafe be sure to have read and understood 
the RadSafe rules. These can be found at: 
http://health.phys.iit.edu/radsaferules.html

For information on how to subscribe or unsubscribe and other settings 
visit: http://health.phys.iit.edu




This is an e-mail from General Dynamics Land Systems. It is for the intended recipient only and may contain confidential and privileged information.  No one else may read, print, store, copy, forward or act in reliance on it or its attachments.  If you are not the intended recipient, please return this message to the sender and delete the message and any attachments from your computer. Your cooperation is appreciated.