NAC459.120. Exemptions.

     1. The Division may, upon application or its own initiative, grant exemptions or exceptions from the requirements of NAC 459.010 to 459.950, inclusive, as it determines will not result in undue hazard to public health and safety or property.

     2. Common and contract carriers, freight forwarders and warehousemen who are subject to the regulations of the United States Department of Transportation or the United States Postal Service, 39 C.F.R. Parts 14 and 15, are exempt from NAC 459.010 to 459.950, inclusive, to the extent that they transport or store sources of radiation in the regular course of their carriage for another or store the sources as an incident to such transportation. Private carriers who are subject to the regulations of the United States Department of Transportation are exempt from NAC 459.010 to 459.950, inclusive, to the extent that they transport sources of radiation. Common, contract and private carriers who are not subject to the regulations of the United States Department of Transportation or the United States Postal Service are subject to applicable sections of NAC 459.010 to 459.950, inclusive.

     3. Any contractor or subcontractor of the United States Department of Energy or the Nuclear Regulatory Commission who is in one of the following categories and operating within this State is exempt from NAC 459.010 to 459.950, inclusive, to the extent that, under his or her contract, he or she receives, possesses, uses, transfers or acquires sources of radiation:

     (a) Any prime contractor performing work for the United States Department of Energy at sites owned or controlled by the United States Government, transporting sources of radiation to or from such sites, or performing contract services during temporary interruptions of such transportation.

     (b) Any prime contractor of the United States Department of Energy performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components thereof.

     (c) Any prime contractor of the United States Department of Energy using or operating a nuclear reactor or other nuclear device in a vehicle or vessel owned by the United States Government.

     (d) Any other prime contractor or subcontractor of the United States Department of Energy or of the Nuclear Regulatory Commission when the State and the Nuclear Regulatory Commission jointly determine that:

          (1) The exemption of the prime contractor or subcontractor is authorized by law; and

          (2) Under the terms of the contract or subcontract there is adequate assurance that the work thereunder can be accomplished without undue risk to public health or safety.

     [Bd. of Health, Radiation Control Reg. §§ 1.3-1.3.3.4, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99; R149-07, 1-30-2008)