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  • Subpart 38.31

Subpart 38.31

Transportation.

(a) The transportation of radioactive materials is subject to other State and Federal requirements, particularly the following:

(1) New York State requirements. The Department of Transportation, Department ofMotor Vehicles, certain public authorities and commissions as provided in the Vehicle and Traffic Law, and the requirements of cities having populations in excess of one million.

(2) Federal requirements. The United States Department of Transportation, the Nuclear Regulatory Commission, the Interstate Commerce Commission, the Federal Aviation Agency, the United States Coast Guard and, where the mails are used, the United States Postal Service.

(b) When the regulations of the New York State Department of Transportation, theUnited States Department of Transportation, the Nuclear Regulatory Commission or the Interstate Commerce Commission are not applicable to the shipment by land of radioactive materials by persons subject to the provisions of this Part (rule), such transportation shall, nevertheless, be in accordance with the requirements relating to the transportation of radioactive materials set forth in the regulations of the United States Department of Transportation, the Nuclear Regulatory Commission, the Interstate Commerce Commission and the New York State Department of Transportation. Any requests for modifications or exceptions to such requirements, any requests for special approvals referred to in such regulations, and any notifications referred to in such requirements shall be filed with, or made to, the commissioner.

(c) No person shall deliver radioactive material to a carrier or accept radioactive materialfrom a carrier for transport, unless:

(1) the person has established procedures, prior to delivery of radioactive material to a carrier for transport, to ensure that the radioactive material is packaged and the package monitored in accordance with applicable New York State and the United States Department of Transportation and United States Nuclear Regulatory Commission regulations and has included on the package for the consignee, instructions to safely open the package when such instructions are appropriate; and

(2) the person has established procedures to ensure loading and unloading and monitoring of radioactive materials on a carrier's vehicle is done in compliance with applicable New York State and United States Department of Transportation and United States Nuclear Regulatory Commission regulations.

(3) the licensee shall perform the monitoring required by this subdivision as soon as practical after receipt of the package, but not later than three hours after the package is received during normal working hours, or not later than three hours from the beginning of the next working day if it is received after working hours.

(d) The transportation of radioactive materials by persons subject to the provisions of this Part (rule) shall also be subject to such additional requirements as the commissioner may order as reasonably appropriate and necessary to enforce the provisions of this Part (rule) relating to the general duty to protect health and safety.

Historical Sec. amd. filed June 10, 1971; repealed, new filed July 6, 1978; amd. filed June 25, Note: 1985; repealed, new added by renum. and amd. 38.39, filed June 9, 1994 eff. June 29, 1994

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