Nev. Admin. Code § 459.120 - Exemptions
1. The Division may, upon application or its
own initiative, grant exemptions or exceptions from the requirements of NAC
459.010 to
459.950, inclusive, and sections
5 to 12, inclusive, and sections 5 to 12, inclusive, of this regulation as it
determines will not result in undue hazard to public health and safety or
property.
2. Common and contract
carriers, freight forwarders and warehousemen and the United States Postal
Service are exempt from the provisions of NAC
459.010 to
459.950, inclusive, and sections
5 to 12, inclusive, of this regulation which correspond to the exemptions from
federal regulations described in
10
C.F.R. §
30.13 to the extent that they
transport or store sources of radiation in the regular course of their carriage
for another or store the sources as an incident to such
transportation.
3. Any contractor
or subcontractor of the United States Department of Energy or the Nuclear
Regulatory Commission who is in one of the following categories and operating
within this State is exempt from NAC 459.010 to 459.950, inclusive, and
sections 5 to 12, inclusive, of this regulation to the extent that, under his
or her contract, he or she receives, possesses, uses, transfers or acquires
sources of radiation:
(a) Any prime contractor
performing work for the United States Department of Energy at sites owned or
controlled by the United States Government, transporting sources of radiation
to or from such sites, or performing contract services during temporary
interruptions of such transportation.
(b) Any prime contractor of the United States
Department of Energy performing research in, or development, manufacture,
storage, testing or transportation of atomic weapons or components
thereof.
(c) Any prime contractor
of the United States Department of Energy using or operating a nuclear reactor
or other nuclear device in a vehicle or vessel owned by the United States
Government.
(d) Any other prime
contractor or subcontractor of the United States Department of Energy or of the
Nuclear Regulatory Commission when the State and the Nuclear Regulatory
Commission jointly determine that:
(1) The
exemption of the prime contractor or subcontractor is authorized by law;
and
(2) Under the terms of the
contract or subcontract there is adequate assurance that the work thereunder
can be accomplished without undue risk to public health or safety.
Notes
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