# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-17 — Domestic Licensing of Special Nuclear Material

### § 33.1-10-17-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 70.
10 Code of Federal Regulations 70.1, 70.2, 70.3, 70.4, 70.7, 70.9, 70.10, 70.11, 70.12, 70.17,
70.18, 70.19, 70.20, 70.21, 70.22, 70.23, 70.25, 70.31, 70.32, 70.33, 70.34, 70.35, 70.36, 70.38, 70.39,
70.41, 70.42, 70.50, 70.51, 70.56, and 70.81 are adopted by reference as they exist on May 9, 2022,
with the following exceptions:
1. The following are not adopted by reference: 10 Code of Federal Regulations 70.1(c), (d), and
(e); 70.20a; 70.20b; 70.21(a)(1), (c), (f), (g), and (h); 70.22(b), (c), (f), (g), (h), (i), (j), (k), (l),
(m), and (n); 70.23(a)(6), (a)(7), (a)(8), (a)(9), (a)(10), (a)(11), (a)(12), and (b); 70.23a;
70.25(a)(1); 70.31(c), (d), and (e); 70.32(a)(1), (a)(4), (a)(5), (a)(6), (a)(7), (b)(1), (b)(3), (b)(4),
(c), (d), (e), (f), (g), (h), (i), (j), and (k); 70.42(b)(6); 70.51(c); paragraph (2) of the definition of
"commencement of construction"; and paragraph (9)(ii) of the definition of "construction".
2. Requirements in 10 Code of Federal Regulations part 70 that apply to "byproduct material"
also apply to naturally occurring or accelerator-produced radioactive material.
3. Where the words "NRC", "commission", "nuclear regulatory commission", "United States
nuclear regulatory commission", "NRC regional administrator", "NRC regional office",
"administrator of the appropriate nuclear regulatory commission's regional office",
"administrator of the appropriate regional office", or "nuclear regulatory commission's office of
nuclear material safety and safeguards, division of industrial and medical nuclear safety"
appear in 10 Code of Federal Regulations part 70, substitute the words "department of
environmental quality".
4. 10 Code of Federal Regulations 70.7 employee protection also applies to violations of North
Dakota Century Code chapters 23.1-02 and 23.1-03.
5. "Act" includes North Dakota Century Code chapters 23.1-02 and 23.1-03.
6. North Dakota state form number 8418, "application for radioactive material license", must be
used instead of nuclear regulatory commission form 313 as specified in 10 Code of Federal
Regulations part 70.
7. North Dakota state form number 8414, "notice to employees", must be posted instead of
United States nuclear regulatory commission form 3 that is specified in 10 Code of Federal
Regulations part 70.
8. For references to 10 Code of Federal Regulations part 170, see chapter 33.1-10-11 for
applicable fee schedules.
History: Effective January 1, 2019; amended effective July 1, 2021; January 1, 2023.
General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18
