Current through Register Vol. 39, No. 6, September 16, 2024
(a) Persons irradiating objects or materials
using sealed sources containing radioactive materials shall comply with the
provisions of 10 CFR 36, which are hereby incorporated by reference including
subsequent amendments and editions, except that the requirements of 10 CFR 170
shall not apply, as follows:
(1)
10 CFR
36.1, "Purpose and scope;"
(2)
10 CFR
36.2, "Definitions," except that references
to common defense and security shall not apply;
(3)
10 CFR
36.11, "Application for a specific license,"
except that the requirements of Paragraph (b) of this Rule shall be
met;
(4)
10 CFR
36.13, "Specific licenses for
irradiators;"
(5)
10 CFR
36.15, "Commencement of
construction;"
(6)
10 CFR
36.17, "Applications for
exemptions;"
(7)
10 CFR
36.19, "Requests for written
statements;"
(8)
10 CFR
36.21, "Performance criteria for sealed
sources;"
(9)
10 CFR
36.23, "Access control;"
(10)
10 CFR
36.25, "Shielding;"
(11)
10 CFR
36.27, "Fire protection;"
(12)
10 CFR
36.29, "Radiation monitors;"
(13) 10 CGR 36.31, "Control of source
movement;"
(14)
10 CFR
36.33, "Irradiator pools;"
(15)
10 CFR
36.35, "Source rack protection;"
(16)
10 CFR
36.37, "Power failures;"
(17)
10 CFR
36.39, "Design requirements;"
(18)
10 CFR
36.41, "Construction monitoring and
acceptance testing;"
(19)
10 CFR
36.51, "Training;"
(20)
10 CFR
36.53, "Operating and emergency
procedures;"
(21)
10 CFR
36.55, "Personnel monitoring;"
(22)
10 CFR
36.57, "Radiation surveys;"
(23)
10 CFR
36.59, "Detection of leaking
sources;"
(24)
10 CFR
36.61, "Inspection and
maintenance;"
(25)
10 CFR
36.63, "Pool water quality;"
(26)
10 CFR
36.65, "Attendance during
operations;"
(27)
10 CFR
36.67, "Entering and leaving the radiation
room;"
(28)
10 CFR
36.69, "Irradiation of explosive or flammable
materials;"
(29)
10 CFR
36.81, "Records and retention periods;"
and
(30)
10 CFR
36.83, "Reports," except that reports
required by this Rule shall be made to the agency at the address shown in Rule
.0111 of this Chapter unless directed otherwise by the agency, in lieu of the
United States Nuclear Regulatory Commission (NRC).
(b) Applications shall be made on forms
provided by the agency. One copy of the application and supporting material
shall be submitted to the agency by e-mail at Licensing.RAM@dhhs.nc.gov, or at
the address shown in Rule .0111 of this Chapter in lieu of the NRC:
(1) Persons applying for new radioactive
materials licenses, or for the renewal of existing radioactive materials
licenses, shall submit an Application for Radioactive Materials License. The
following information shall appear on the application:
(A) legal business name and mailing
address;
(B) physical address(es)
where radioactive material shall be used or possessed. The application shall
indicate if radioactive materials shall be used at temporary
jobsites;
(C) the name, telephone
number, and e-mail address of the Radiation Safety Officer;
(D) the name, telephone number, and e-mail
address of the individual to be contacted about the application. If this
individual is same as the Radiation Safety Officer, the application shall so
state;
(E) the application shall
indicate if the application is for a new license, or for the renewal of an
existing license, by marking the corresponding check box;
(F) if the application is for the renewal of
an existing license, the license number shall be provided on the
application;
(G) applicants shall
indicate the type and category of license as shown on the form by marking the
corresponding check box; and
(H)
the printed name, title, and signature of the certifying official. The
certifying official shall be an individual employed by the business or
licensee, who is authorized by the licensee to sign license applications on
behalf of the business or licensee.
(2) Persons applying for an amendment to an
existing license shall submit an Application for Amendment of Radioactive
Materials and Accelerator Licenses. The following information shall appear on
the application:
(A) the license
number;
(B) amendment number of the
current license;
(C) expiration
date of the license;
(D) licensee
name as it currently appears on the license;
(E) the name, telephone number, and e-mail
address of the Radiation Safety Officer;
(F) the name, telephone number, and e-mail
address of the individual to be contacted about the application. If this
individual is same as the Radiation Safety Officer, item 5b on the application
shall be left blank;
(G) applicants
shall provide a description of the action requested by marking the
corresponding checkbox in item 6a. If the check box next to "Other" is marked
in item 6a, provide a brief description of the action requested in the space
provided in item 6b;
(H)
explanation of the action requested; and
(I) the printed name, title, and signature of
the certifying official. The certifying official shall be an individual
employed by the business or licensee who is authorized by the licensee to sign
license applications on behalf of the business or licensee.
(3) Applications specified in this
Rule are available at: https://radiation.ncdhhs.gov/rms/rmsforms2.ht
m(Rev01).htm.
(c) Copies
of the regulations incorporated by this Rule are available free of charge at
https://www.nrc.gov/reading-rm/doc-collections/cfr/part036/.