NAC459.181. Compliance with federal regulations in transport of licensed material.

     1. Each licensee who transports licensed material outside the site of usage, as specified in the license issued by the Executive Secretary, the United States Nuclear Regulatory Commission or an agreement state, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the regulations of the United States Department of Transportation set forth in 49 C.F.R. Parts 107, 171 to 180, inclusive, and 390 to 397, inclusive, appropriate to the mode of transport.

     2. The licensee shall particularly note those regulations specified in the following areas:

     (a) Accident reporting—49 C.F.R. §§ 171.15 and 171.16.

     (b) Hazardous material employee training—49 C.F.R. §§ 172.700 to 172.704, inclusive.

     (c) Hazardous material shipper or carrier registration—49 C.F.R. §§ 107.601 to 107.606, inclusive (Subpart G).

     (d) Marking and labeling—49 C.F.R. §§ 172.300 to 172.338, inclusive, 172.400 to 172.407, inclusive, and 172.436 to 172.441, inclusive, of Subpart E.

     (e) Packaging—49 C.F.R. §§ 173.1 to 173.13, inclusive, 173.21 to 173.40, inclusive, and 173.401 to 173.477, inclusive.

     (f) Placarding—49 C.F.R. §§ 172.500 to 172.560, inclusive, and Appendices B and C.

     (g) Security plans—49 C.F.R. §§ 172.800 to 172.804, inclusive.

     (h) Shipping papers and emergency information—49 C.F.R. §§ 172.200 to 172.205, inclusive, and 172.600 to 172.606, inclusive.

     3. The licensee shall also note the regulations of the United States Department of Transportation relating to the following modes of transportation:

     (a) Air—49 C.F.R. Part 175;

     (b) Public Highway—49 C.F.R. Parts 177 and 390 to 397, inclusive;

     (c) Rail—49 C.F.R. §§ 174.1 to 174.86, inclusive, and 174.700 to 174.750, inclusive; and

     (d) Vessel—49 C.F.R. §§ 176.1 to 176.99, inclusive, and 176.700 to 176.720, inclusive.

     4. If the regulations of the United States Department of Transportation are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the United States Department of Transportation specified in subsection 1 to the same extent as if the shipment or transportation were subject to those regulations. A request for a modification, waiver or exemption from those requirements, and any notification referred to in those requirements, must be filed with, or made to, the Division.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)