# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-05.1 — Radiation Safety Requirements for Industrial Radiographic Operations

### § 33.1-10-05.1-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 34.
10 Code of Federal Regulations 34.1, 34.3, 34.11, 34.13, 34.20, 34.21, 34.23, 34.25, 34.27, 34.29,
34.31, 34.33, 34.35, 34.41, 34.42, 34.43, 34.45, 34.46, 34.47, 34.49, 34.51, 34.53, 34.61, 34.63, 34.65,
34.67, 34.69, 34.71, 34.73, 34.75, 34.79, 34.81, 34.83, 34.85, 34.87, 34.89, 34.101, and 34.111 and
appendix A to part 34 are adopted by reference as they exist on November 16, 2020, with the following
exceptions:
1. All of the requirements in chapter 33.1-10-05.1 apply to both licensees and registrants. A
reference in 10 Code of Federal Regulations part 34 to "license" includes "registration", a
reference to "licensee" includes "registrant", a reference to "licensed" includes "registered",
and a reference to "licensed material" includes "registered source of radiation". "Registrant"
means any person who is registered with the department and is legally obligated to register
with the department pursuant to article 33.1-10 and North Dakota Century Code chapter
23.1-03. "Registration" means the notification of the department of environmental quality of
possession of a source of radiation and the furnishing of information with respect thereto, in
accordance with North Dakota Century Code chapter 23.1-02.
2. 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", or "NRC's
office of nuclear material safety and safeguards, division of industrial and medical nuclear
safety" appear in 10 Code of Federal Regulations part 34, substitute the words "department of
environmental quality".
3. Requirements in 10 Code of Federal Regulations part 34 that apply to "byproduct material"
also apply to naturally occurring or accelerator-produced radioactive material.
4. North Dakota state form number 8418, "application for radioactive material license", must be
used instead of NRC form 313 as specified in 10 Code of Federal Regulations part 34.
5. For references to 10 Code of Federal Regulations parts 170 and 171, 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
