# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-13.1 — Packaging and Transportation of Radioactive Material

### § 33.1-10-13.1-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 71.
10 Code of Federal Regulations 71.0, 71.3, 71.4, 71.5, 71.7, 71.8, 71.9, 71.10, 71.12, 71.13, 71.14,
71.15, 71.17, 71.21, 71.22, 71.23, 71.47, 71.81, 71.83, 71.85, 71.87, 71.88, 71.89, 71.91, 71.93, 71.95,
71.97, 71.101, 71.103, 71.105, 71.106, 71.127, 71.129, 71.131, 71.133, 71.135, and 71.137 and
appendix A to part 71 are adopted by reference as they exist on December 30, 2021, with the following
exceptions:
1. Not adopted by reference are 10 Code of Federal Regulations 71.0(d), 71.14(b), 71.85(a)-(c),
71.91(b), 71.101(c)(2), (d), and (e).
2. Requirements in 10 Code of Federal Regulations part 71 that apply to "licensed material" or
"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", or "administrator of the appropriate regional office" appear in
10 Code of Federal Regulations part 71, substitute the words "department of environmental
quality" except when used in 10 Code of Federal Regulations 71.5(b), 71.10, 71.17(c)(3) and
(e), 71.85(c), 71.88(a)(4), 71.93(c), 71.95, 71.97(c), and (c)(3)(iii), and (f).
4. Where the words "ATTN: Document Control Desk, Director, Division of Fuel Management,
Office of Nuclear Material Safety and Safeguards" appear in 10 Code of Federal Regulations
71.101(c)(1), substitute the words "department of environmental quality".
5. The terms "certificate of compliance, compliance holder or applicant" used in 10 Code of
Federal Regulations 71.91(c) and (d), 71.101(a)-(c), 71.103(a), and 71.135 apply only to the
United States nuclear regulatory commission (NRC) as the NRC is the sole authority for
issuing a package's certificate of compliance.
6. 10 Code of Federal Regulations 71.9 employee protection also applies to violations of North
Dakota Century Code chapters 23.1-02 and 23.1-03.
7. 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 71.
History: Effective January 1, 2019; amended effective July 1, 2021; January 1, 2023.
General Authority: NDCC 28-32-02; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 28-32-02
