N.J. Admin. Code § 7:28-52.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:28-52.1 - Incorporation by reference

(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 31, General Domestic Licenses for Byproduct Material.

(b) The following provisions of 10 CFR Part 31 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:

1.10 CFR 31.4, Information collection requirements: OMB approval; and

2.10 CFR 31.22, Violations.

(c) The following provisions of 10 CFR Part 31 are incorporated by reference with the specified changes:

1. "Commission," "Nuclear Regulatory Commission," "NRC," and "U.S. Nuclear Regulatory Commission," as used in the provisions of Part 31 of the Code of Federal Regulations that are incorporated by reference, means the Department, except when specifically noted in this subchapter;

2.10 CFR 31.1, replace " 10 CFR Part 30 " with "N.J.A.C. 7:28-51 ";

3.10 CFR 31.2, replace "Parts 19, 20, and 21 of this chapter" with "N.J.A.C. 7:28-6 and 50";

4.10 CFR 31.5(b)(1)(ii), add "or by the U.S. Nuclear Regulatory Commission" after "Agreement State";

5.10 CFR 31.5(c)(3)(ii), replace "parts 30 and 32 of this chapter" with "N.J.A.C. 7:28-51 and 53" and add "or from the U.S. Nuclear Regulatory Commission" after "Agreement State";

6.10 CFR 31.5(c)(5), replace "parts 30 and 32 of this chapter" with "N.J.A.C. 7:28-51 and 53" and add "or by the U.S. Nuclear Regulatory Commission" after "Agreement State";

7.10 CFR 31.5(c)(5), replace "§ 20.1402" with "N.J.A.C. 7:28-12 ";

8.10 CFR 31.5(c)(8)(i), replace "parts 30 and 32 of this chapter, or part 30 of this chapter" with "N.J.A.C. 7:28-51 and 53, or N.J.A.C. 7:28-51 " and add "or of the U.S. Nuclear Regulatory Commission" after "Agreement State";

9.10 CFR 31.5(c)(10), replace "parts 19, 20, and 21, of this chapter," with "and N.J.A.C. 7:28-6 and 50";

10.10 CFR 31.5(c)(11), replace "Director, Office of Federal and State Materials and Environmental Management Programs" with "Department" and replace "§ 30.6(a) of this chapter" with "7:28-1.5 ";

11.10 CFR 31.5(c)(13)(ii), after "fee required by" replace "Sec. 170.31 of this chapter" with "N.J.A.C. 7:28-64 ";

12.10 CFR 31.5(c)(13)(iv), add "or by the U.S. Nuclear Regulatory Commission" after "Agreement State";

13.10 CFR 31.5(c)(14), replace "Director, Office of Federal and State Materials and Environmental Management Programs, ATTN: GLTS, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001" with "Radioactive Materials Program";

14.10 CFR 31.6, add "or by the U.S. Nuclear Regulatory Commission" after "by an Agreement State" and add "or within NRC jurisdiction" after "within such Agreement State";

15.10 CFR 31.6, replace "any non-Agreement State" with "the State of New Jersey, where the Department maintains jurisdiction";

16.10 CFR 31.6(b), add "or by the U.S. Nuclear Regulatory Commission" after "Agreement State";

17.10 CFR 31.6(c), add "or of the U.S. Nuclear Regulatory Commission" after "Agreement State";

18.10 CFR 31.7(a), add "or by the U.S. Nuclear Regulatory Commission" after all occurrences of "by an Agreement State";

19.10 CFR 31.7(b), replace "parts 19, 20, and 21, of this chapter" with "N.J.A.C. 7:28-6 and 50";

20.10 CFR 31.8(a)(1), replace "a non-Agreement State" with "the State of New Jersey, where the Department maintains jurisdiction";

21.10 CFR 31.8(b), add "or by the U.S. Nuclear Regulatory Commission" after both occurrences of "Agreement State";

22.10 CFR 31.8(c), replace "parts 19, 20, and 21, of this chapter" with "N.J.A.C. 7:28-6 and 50";

23.10 CFR 31.10(a), add "or by the U.S. Nuclear Regulatory Commission" after both occurrences of "Agreement State";

24.10 CFR 31.10(b)(1), replace "part 30 or 32" with "N.J.A.C. 7:28-51 or 53" and add "or from the U.S. Nuclear Regulatory Commission" after "Agreement State";

25.10 CFR 31.10(b)(3), replace "parts 19, 20, and 21, of this chapter" with "N.J.A.C. 7:28-6 and 50,";

26.10 CFR 31.11(b)(1), replace with "NRC Form 483" with "NJRAD Form 483," replace "Director, Office of Federal and State Materials and Environmental Management Programs" with "Radioactive Materials Program," and replace "30.6(a) of this chapter" with "7:28-1.5 ";

27.10 CFR 31.11(b)(2), replace "part 35 of this chapter" with "N.J.A.C. 7:28-55 ";

28.10 CFR 31.11(d)(1), add "or by the U.S. Nuclear Regulatory Commission" after both occurrences of "Agreement State";

29.10 CFR 31.11(e), add "radioactive materials" prior to "registrant";

30.10 CFR 31.11(f), replace "parts 19, 20, and 21, of this chapter" with "and N.J.A.C. 7:28-6 and 50";

31.10 CFR 31.12(b), replace " 10 CFR parts 19, 20, and 21 " with "N.J.A.C. 7:28-6an d 50";

32.10 CFR 31.12(c)(3), replace "part 110 of this chapter" with " 10 CFR part 110 ";

33.10 CFR 31.12(c)(4), replace "part 30 of this chapter" with "N.J.A.C. 7:28-51," and add "or of the U.S. Nuclear Regulatory Commission" after "Agreement State";

34.10 CFR 31.12(c)(5), replace "Director of the Office of Federal and State Materials and Environmental Management Programs" with "Radioactive Materials Program," and replace "30.6(a) of this chapter" with "7:28-1.5 "; and

35.10 CFR 31.23, replace all of 10 CFR 31.23 with "The Radiation Protection Act of 1958, 26:2D-1 et seq., provides for criminal sanctions for violation of any provision of the Act."

(d) For those facilities whose radioactive materials are licensed solely by the Department, NRC Form 3, "Notice to Employees," shall mean the Departments Form RPP-14, "Notice to Employees, Standards for Protection Against Radiation," available from the Department by contacting the Radioactive Materials Program at the address, phone number, or website listed in 7:28-1.5.

(e) Those facilities which possess a license for radioactive materials from both the Department and the NRC shall post both the NRC's Form 3, "Notice to Employees," and the Department's Form RPP-14, "Notice to Employees, Standards for Protection Against Radiation."

(f) Reports that are to be submitted to the Department pursuant to this subchapter shall be submitted to the address at 7:28-1.5.

(g) Requests for adjudicatory hearings shall be made in accordance with 7:28-4.17, and requirements governing requests for stay of the effective date of the Department decision for which an adjudicatory hearing is requested are set forth at 7:28-4.18.

N.J. Admin. Code § 7:28-52.1

Amended by 46 N.J.R. 768(a), effective 5/5/2014.