NAC459.737. Adoption by reference of certain provisions of Code of Federal Regulations; revision of certain terms.

     1. In addition to any applicable requirement of NAC 459.010 to 459.794, inclusive, a person licensed by the Division to use a sealed source to engage in industrial radiography shall comply with all applicable requirements of, and may rely on all applicable exclusions or exemptions included in, the provisions of Part 34 of Title 10 of the Code of Federal Regulations, as adopted by reference in this section. The provisions of this subsection do not apply to a person using an electronic source of radiation to conduct industrial radiography.

     2. Part 34 of Title 10 of the Code of Federal Regulations, as those provisions existed on January 31, 2008, is hereby adopted by reference, subject to the following:

     (a) The exclusion of references within 10 C.F.R. Part 34 to Part “21” and to 10 C.F.R. §§ “21.21,” “30.7,” “30.9” and “30.10”;

     (b) The exclusion of “offshore” specified in the definition of “offshore platform radiography” set forth in 10 C.F.R. § 34.3;

     (c) The substitution of the following wording:

          (1) “Chapter 459 of the Nevada Administrative Code” for a reference to:

               (I) “Commission’s regulations,” except as stated in subparagraph 6;

               (II) “Federal regulations”;

               (III) “NRC regulations”; and

               (IV) “This chapter” as stated in 10 C.F.R. § 34.101(a);

          (2) “Division” for the reference to “Commission,” except as stated in 10 C.F.R. § 34.20 and subsubparagraph (IV) of subparagraph 3;

          (3) “Division, Nuclear Regulatory Commission or an agreement state” for references to:

               (I) “NRC or an Agreement State”;

               (II) “Commission or by an Agreement State”;

               (III) “Commission or an Agreement State”; and

               (IV) “Commission” in 10 C.F.R. § 34.43(a)(2);

          (4) “License” for reference to “NRC license(s)”;

          (5) In 10 C.F.R. § 34.27(d), “reports of test results for leaking or contaminated sealed sources shall be made pursuant to NAC 459.307” for a reference to the following statement, “A report must be filed with the Director of Nuclear Material Safety and Safeguards, by an appropriate method listed in § 30.6(a) of this chapter, the report to be filed within 5 days of any test with results that exceed the threshold in this paragraph (d), and to describe the equipment involved, the test results, and the corrective action taken. A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission’s Regional Office listed in appendix D of 10 C.F.R. part 20 of this chapter ‘Standards for Protection Against Radiation.’ ”;

          (6) In 10 C.F.R. § 34.27(d), “subsection 3 of NAC 459.307” for the reference to “Commission regulations”;

          (7) In 10 C.F.R. § 34.43(a)(1), “10 C.F.R. § 30.6” for the reference to “§ 30.6(a) of this chapter”;

          (8) In 10 C.F.R. § 34.89, “a Nuclear Regulatory Commission or an agreement state” for the reference to “the Agreement State”;

          (9) In 10 C.F.R. § 34.101(a), “Division” for the reference to “NRC’s Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter”;

          (10) In 10 C.F.R. § 34.101(c), “Division” for the reference to “appropriate NRC regional office listed in § 30.6(a)(2) of this chapter”;

          (11) In Item 12, Section I of Appendix A to 10 C.F.R. Part 34, “Division, the United States Nuclear Regulatory Commission and other independent certifying organizations or agreement states” for the reference to “Commission and other independent certifying organizations and/or Agreement States”;

          (12) In Item 1, Section II of Appendix A to 10 C.F.R. Part 34, “equivalent Nuclear Regulatory Commission or agreement state regulations” for the reference to “equivalent Agreement State regulations”; and

          (13) In Item 2(c), Section II of Appendix A to 10 C.F.R. Part 34, “a Nevada, Nuclear Regulatory Commission or an agreement state licensee” for the reference to “an Agreement State or a NRC licensee”; and

     (d) The substitution of the following:

          (1) “Subsection 1 of NAC 459.120” for the reference to “10 CFR 34.111”;

          (2) “NAC 459.320 to 459.374, inclusive,” for the reference to “10 CFR 20”;

          (3) “Paragraph (a) of subsection 1 of NAC 459.341” for the reference to “10 CFR 20.1601(a)(1)”;

          (4) “Subsections 1 and 2 of NAC 459.3555” for the reference to “10 CFR 20.1902(a) and (b)”;

          (5) “NAC 459.3565” for the reference to “10 CFR 20.1903”;

          (6) “NAC 459.371” for the reference to “10 CFR 20.2203”;

          (7) “NAC 459.780 to 459.794, inclusive,” for the reference to “10 CFR 19”;

          (8) “NAC 459.210” for the reference to “10 CFR 150.20”;

          (9) “NAC 459.373” for the reference to “§ 30.50”;

          (10) “NAC 459.238” for the reference to “10 CFR 30.33”; and

          (11) “NAC 459.737” for the reference to “10 CFR 34.”

     3. The following sections of Part 34 of Title 10 of the Code of Federal Regulations, as those provisions existed on January 31, 2008, are not adopted by reference:

     (a) Section 34.1;

     (b) Section 34.5;

     (c) Section 34.8;

     (d) Section 34.11;

     (e) Section 34.45(a)(9);

     (f) Section 34.121; and

     (g) Section 34.123.

     4. A copy of a publication that contains Part 34 of Title 10 of the Code of Federal Regulations may be obtained by mail from the Superintendent of Documents, United States Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at [phone], at the price of $67, or free of charge at the Internet address http://www.gpoaccess.gov/cfr/index.html.

     (Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008; R185-08, 5-7-2010)