ML15275A405

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North Dakota Regulations Supporting 33.10.16
ML15275A405
Person / Time
Issue date: 10/02/2015
From: Pringle M
Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
Shared Package
ML15259A043 List:
References
Download: ML15275A405 (2)


Text

CHAPTER 33-10-16 DOMESTIC LICENSING OF SOURCE MATERIAL Section 33-10-16-01 Adoption by Reference of Several Sections in 10 Code of Federal Regulations Part 40 33-10-16-01. Adoption by reference of several sections in 10 Code of Federal Regulations, part 40. 10 Code of Federal Regulations 40.1, 40.2, 40.3, 40.4, 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, 40.60, 40,61, 40.62, 40.63, 40.65, and 40.71 and appendix A to part 40 are adopted by reference as they exist on January 1, 2010, with the following exceptions:

1.

Not adopted by reference are 10 Code of Federal Regulations 40.12(b); 40.31(j), (k), and (l); and 40.32(d) and (g) and those portions of paragraph (e) which apply to uranium enrichment and uranium hexauoride facilities, 40.41(d),(e)(1), (e)(3), and (g); and 40.51(b)(6);

and appendix A, criterion 11A through F and criterion 12.

2.

Requirements in 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 ofce" appear in 10 Code of Federal Regulations part 40, substitute the words "North Dakota state department of health" except when used in 10 Code of Federal Regulations 40.11.

4.

10 Code of Federal Regulations 40 employee protection also applies to violations of North Dakota Century Code chapters 23-20 and 23-20.1.

5.

"Act" includes North Dakota Century Code chapters 23-20 and 23-20.1.

6.

North Dakota state form number 8414, "notice to employees", must be posted instead of NRC form 3 that is specied in 10 Code of Federal Regulations 40.

7.

North Dakota state form number 16092, "registration certicate: use of depleted uranium under general license", must be used instead of nuclear regulatory commission form 244 that is specied in 10 Code of Federal Regulations part 40.

8.

North Dakota state form number 8418, "application for radioactive material license", must be used instead of NRC form 313 as specied in 10 Code of Federal Regulations part 40.

1 1/2011 See Adopted Sections

9.

North Dakota state form number 18941, "certicate:

disposition of radioactive material", must be used instead of NRC form 314 as specied in 10 Code of Federal Regulations part 40.

10.

For references to 10 Code of Federal Regulations parts 170 and 171, see chapter 33-10-11 for applicable fee schedules.

History: Effective January 1, 2011.

General Authority: NDCC 23-20.1-04 Law Implemented: NDCC 23-20.1-03, 23-20.1-04 1/2011 2