North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-22 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Section 33.1-10-22-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 37

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 37.1, 37.3, 37.5, 37.11,
				  37.21, 37.23, 37.25, 37.27, 37.29, 37.31, 37.33, 37.41, 37.43, 37.45, 37.47,
				  37.49, 37.51, 37.53, 37.55, 37.57, 37.71, 37.73, 37.75, 37.77, 37.79, 37.81,
				  37.101, 37.103, 37.105, and appendix A to part 37 are adopted by reference as
				  they exist on December 30, 2021, with the following exceptions:
1. Not adopted by reference is 10 Code of
				Federal Regulations (CFR) 37.11(b) and 37.43(d)(9).
2. All of the requirements in
				chapter
				33.1-10-22 apply to
				both licensees and registrants. A reference in 10 CFR part 37 to "license"
				includes "registration", a reference to "licensee" includes "registrant", a
				reference to "licensed" includes "registered", a reference to "licensed
				material(s)" includes "registered source of radiation" and a reference to
				"licensed radioactive material" includes "registered source of radiation".
				"Registrant" means any person who is registered with the department and is
				legally obligated to register with the department pursuant to
				33.1-10 and
				North Dakota Century Code chapter 23.1-03. "Registration" means the
				notification of the department of environmental quality of possession of a
				source of radiation and the furnishing of information with respect thereto, in
				accordance with North Dakota Century Code chapter 23.1-02.
3. Where the word "NRC" appears in
				10 CFR
				37.31(d),
				37.43(c)(3)(iii),
				37.57(a),
				37.57(c),
				37.77 [with the exception of "the
				NRC's Web site" in 37.77(a)(1)], and 37.81(g), substitute the words "department
				of environmental quality".
4. Where
				the word "Commission" appears in
				10 CFR
				37.5 (definitions of "byproduct material" and
				"person"), 37.11(a), 37.43(a)(3), 37.43(c)(1)(ii), 37.101, 37.103, and 37.105,
				substitute the words "department of environmental quality".
5. Where the words "NRC regional office"
				appear in 10 CFR
				37.41(a)(3) and
				37.81, substitute the words
				"department of environmental quality".
6. Where the words "appropriate NRC regional
				office listed in § 30.6(a)(2) of this chapter" appear in
				10 CFR
				37.45(b), substitute the
				words "department of environmental quality".
7. Where the words "NRC's Operational Center
				(301-816-5100)" appear in 10
				CFR 37.57(a),
				37.57(b), and
				37.81, substitute the words
				"department of environmental quality".
8. Where the words "NRC's Operational Center"
				appear in 10 CFR
				37.81, substitute the words "department of
				environmental quality".
9. Where
				the words "NRC's Director, Office of Nuclear Security and Incident Response,
				U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. The
				notification to the NRC may be made by email to RAMQC_SHIPMENTS@nrc.gov or by
				fax to 301-816-5151" appear in
				10 CFR
				37.77(a)(1), substitute the
				words "department of environmental quality".
10. Where the words "NRC's Director of
				Nuclear Security, Office of Nuclear Security and Incident Response, U.S.
				Nuclear Regulatory Commission, Washington, D.C. 20555-0001" appear in
				10 CFR
				37.77(c)(1), substitute the
				words "department of environmental quality".
11. Where the words "NRC's Director, Office
				of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission,
				Washington, D.C. 20555-0001" appear in
				10 CFR
				37.77(c) (2) and
				37.77(d),
				substitute the words "department of environmental quality".
12. Where the words "Director, Office of
				Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission,
				Washington, D.C. 20555-0001" appear in
				10 CFR
				37.81(g), substitute the
				words "department of environmental quality".
13. Requirements in 10 CFR part 37 that apply
				to "byproduct material" also apply to naturally occurring or
				accelerator-produced radioactive material.
14. "Act" includes North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18