New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 38 - Ionizing Radiation Protection
Section 38.31 - Transportation
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The transportation of radioactive materials is subject to other State and Federal requirements, particularly the following:
(b) When the regulations of the New York State Department of Transportation, the United States Department of Transportation, the Nuclear Regulatory Commission or the Interstate Commerce Commission are not applicable to the shipment by land of radioactive materials by persons subject to the provisions of this Part (rule), such transportation shall, nevertheless, be in accordance with the requirements relating to the transportation of radioactive materials set forth in the regulations of the United States Department of Transportation, the Nuclear Regulatory Commission, the Interstate Commerce Commission and the New York State Department of Transportation. Any requests for modifications or exceptions to such requirements, any requests for special approvals referred to in such regulations, and any notifications referred to in such requirements shall be filed with, or made to, the commissioner.
(c) No person shall deliver radioactive material to a carrier or accept radioactive material from a carrier for transport, unless:
(d) The transportation of radioactive materials by persons subject to the provisions of this Part (rule) shall also be subject to such additional requirements as the commissioner may order as reasonably appropriate and necessary to enforce the provisions of this Part (rule) relating to the general duty to protect health and safety.