Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.3062 - Adoption by reference and revision of certain provisions of federal regulations regarding medical use of radioactive material

Current through
				  June 11, 2024
1. The
				  provisions of 10 C.F.R. Part 35 are hereby adopted by reference, subject to the
				  following:
(a)
										10 C.F.R.
				  §§
											35.8,
				  35.10(a),
				  35.11(c),
				  35.13(a)(1),
				  35.13(a)(2),
				  35.13(b)(5),
				  35.14(a),
				  35.15(f),
				  35.57(b)(3),
				  35.4001 and
				  35.4002 are
				  not adopted by reference.
(b)
				  Except as otherwise provided in this chapter, the implementation date specified
				  in
				  10 C.F.R. §§
											35.10(a) and
				  35.10(d)
				  is November 13, 2006.
(c) Except as
				  otherwise provided in this chapter, the October 24, 2002, date specified in
				  10
				  C.F.R. §
											35.57(a)(1)
				  shall be deemed to mean November 13, 2006.
(d) Except as otherwise provided in this
				  chapter, the April 29, 2005, date specified in
				  10
				  C.F.R. §
											35.57(a)(2)
				  shall be deemed to mean April 29, 2008.
(e) Except as otherwise provided in this
				  section, any reference in 10 C.F.R. Part 35 to:
(1) "10 CFR Part 19" or " 10 CFR 19 " shall
				  be deemed to mean "NAC
				  459.780 to
				  459.794, inclusive."
(2) "
				  10 CFR
				  19.12 " or "§ 19.12" shall be deemed to
				  mean "NAC
				  459.784."
(3) "10 CFR Part 20" or " 10 CFR 20 " shall
				  be deemed to mean "NAC
				  459.320 to
				  459.374, inclusive."
(4) "
				  10 CFR
				  20.1101 " or "§ 20.1101" shall be deemed
				  to mean "paragraph (a) of subsection 1 of NAC
				  459.321."
(5) "
				  10 CFR
				  20.1301(a)(1) " or "§
				  20.1301(a)(1) " shall be deemed to mean "paragraph (a) of subsection 1 of NAC
				  459.335."
(6) "
				  10 CFR
				  20.1301(c) " or "§
				  20.1301(c) " shall be deemed to mean "subsection 2 of NAC
				  459.335."
(7) "
				  10 CFR
				  20.1501 " or "§ 20.1501" shall be deemed
				  to mean "NAC
				  459.337."
(8) "10 CFR Part 30" or " 10 CFR 30 " shall
				  be deemed to mean "NAC
				  459.180 to
				  459.313, inclusive, and sections
				  7 to 27, inclusive,."
(9) "
				  10 CFR
				  30.34(b) " or "§
				  30.34(b) " shall be deemed to mean "subsection 2 of NAC
				  459.198."
(10) "
				  10 CFR 30.6 " or
				  "§ 30.6" shall be deemed to mean "NAC
				  459.134."
(11) "
				  10
				  CFR 32.72(b)(4) " or "§
				  32.72(b)(4) " shall be deemed to mean "paragraph (c) of subsection 2 of NAC
				  459.300."
(12) "10 CFR Part 33" or " 10 CFR 33 " shall
				  be deemed to mean "NAC
				  459.262 to
				  459.274, inclusive."
(13) "
				  10
				  CFR 33.13 " or "§ 33.13" shall be deemed
				  to mean "NAC
				  459.268."
(14) "10 CFR Part 170," " 10 CFR 170," "10
				  CFR Part 171" or " 10 CFR 171 " shall be deemed to mean "NAC
				  459.310."
(15) "Byproduct material" shall be deemed a
				  reference to "radioactive material."
(16) "Commission" or "NRC" shall be deemed a
				  reference to "Division."
(17)
				  "Commission's regulations," "federal regulations" or "NRC regulations" shall be
				  deemed a reference to "NAC
				  459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive,."
(18) "NRC
				  Form 313" shall be deemed a reference to the application form for a license for
				  "Medical Use of Radioactive Materials" prescribed by the Division and made
				  available on its website.
(19) "NRC
				  license" shall be deemed a reference to "license issued by the Division
				  pursuant to NAC
				  459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive,."
(20) "NRC
				  Operations Center," "NRC Regional Office listed in § 30.6 " or "Director,
				  Office of Nuclear Safety and Safeguards" shall be deemed a reference to "the
				  provisions of NAC
				  459.134 and the contact
				  information described in the State of Nevada Radiological Emergency Response
				  Plan."
(21) "NRC or an Agreement
				  State," "Commission or an Agreement State" or "Commission or by an Agreement
				  State" shall be deemed a reference to "Division, Nuclear Regulatory Commission
				  or an agreement state."
(f) The text of
				  10 C.F.R. §
											35.491(b)(3) shall be deemed
				  to read "Has obtained written attestation, signed by a preceptor authorized
				  user who meets the requirements in § 35.57,§ 35.490 or § 35.491
				  or equivalent requirements of an Agreement State, that the individual has
				  satisfactorily completed the requirements in paragraph (b)(1) and (b)(2) of
				  this section and has achieved a level of competency sufficient to function
				  independently as an authorized user of strontium-90 for ophthalmic use."
(g) The full text of any sentence
				  that contains a reference to "10 CFR Part 21," " 10 CFR 21," "
				  10 CFR 30.7,"
				  "§ 30.7," "
				  10 CFR
				  30.9," "§ 30.9," "
				  10 CFR
				  30.10 " or "§ 30.10" shall be deemed
				  omitted.