Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Persons registered with the agency pursuant to the rules in Section .0200 of
this Chapter and persons licensed under the rules in Sections .0300, .0900,
.1200, and .1300 of this Chapter shall comply with the provisions of
10 CFR
19 as follows, which are hereby incorporated
by reference including subsequent amendments and editions, except that
references to and requirements for
10 CFR
2,
50,
52,
54,
60,
63,
72, and
76 shall not apply:
(1)
10 CFR
19.1, "Purpose;"
(2)
10 CFR
19.2, "Scope;"
(3)
10 CFR
19.3, "Definitions," except that the
definition of "regulated activities" and "regulated entities" shall not apply.
For persons registered with the agency pursuant to the rules in Section .0200
of this Chapter, the following terms used in
10 CFR
19 shall have the following substitutions:
(A) "license" shall have the same meaning as
"registration" as defined in Rule .0104(131) of this Chapter;
(B) "licensed" means registered pursuant to
the rules in Section .0200 of this Chapter;
(C) "licensee" shall have the same meaning as
"registrant" as defined in Rule .0104(130) of this Chapter;
(D) "materials" shall have the same meaning
as "radiation machine" as defined in Rule .0104(122) of this Chapter;
(E) "NRC-licensed" means registered pursuant
to the rules in Section .0200 of this Chapter; and
(F) "radioactive material" shall have the
same meaning as "radiation machine" as defined in Rule .0104(122) of this
Chapter;
(4)
10 CFR
19.5, "Communications," except that licensees
and registrants shall address communications and reports to the agency as
instructed by Rule .0111 of this Chapter in lieu of the NRC;
(5)
10 CFR
19.11, "Posting of notices to workers,"
except that 19.11(b) and (e) shall not apply;
(A) NRC Form 3 shall not be used in lieu of
the Notice to Employees issued by the agency, except as authorized by the
agency in writing;
(B) licensees
and registrants shall not post other notices, postings, notes, or other
materials over the Notice to Employees, nor shall equipment be placed in such a
manner that the Notice to Employees is obscured or hidden by that equipment;
and
(C) additional copies of the
Notice to Employees may be obtained free of charge from the agency by
contacting the agency at the addresses shown in Rule .0111(a) of this Chapter
in lieu of the NRC, or online at
https://radiation.ncdhhs.gov/;
(6)
10 CFR
19.12, "Instructions to workers;"
(7)
10 CFR
19.13, "Notifications and reports to
individuals;"
(8)
10 CFR
19.14, "Presence of representatives of
licensees and regulated entities, and workers during inspections," except that
19.14(a) shall not apply;
(9)
10 CFR
19.15, "Consultation with workers during
inspections;"
(10)
10 CFR
19.16, "Requests by workers for inspections."
Requests for inspections shall be mailed or delivered to the agency as
instructed by Rule .0111(a) of this Chapter in lieu of the NRC;
(11)
10 CFR
19.17, "Inspections not warranted; informal
review." Communications regarding the agency's decisions with respect to a
request for inspection submitted to the agency under Subparagraph (a)(10) shall
be mailed or delivered to the agency as instructed by Rule .0111(a) of this
Chapter in lieu of the NRC;
(12)
10 CFR
19.18, "Sequestration of witnesses and
exclusion of counsel in interviews conducted under subpoena;"
(13)
10 CFR
19.20, "Employee protection;"
(14)
10 CFR
19.31, "Application for exemptions," except
that the request for exemption shall be made on the licensee's or registrant's
business letterhead. Requests for exemptions from the requirements of this Rule
shall be made to the agency at the addresses shown in Rule .0111(a) of this
Chapter in lieu of the NRC or as otherwise instructed by the agency. To request
an exemption, the following information shall be submitted to the agency:
(A) licensee or registrant name;
(B) license or registration number;
(C) name of the individual requesting the
exemption;
(D) contact information
for the individual requesting the exemption;
(E) a description of the exemption being
requested; and
(F) an explanation
describing why the exemption is necessary.
(b) Notwithstanding Subparagraph (a)(5) of
this Rule, registrants temporarily working in North Carolina and licensees
working in North Carolina under reciprocity may post the Notice to Employees,
NRC Form 3, or an equivalent form issued under the authority of the regulatory
agency issuing the registration or license.
