N.J. Admin. Code § 7:28-1.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:28-1.6 - Incorporation of the Code of Federal Regulations by reference

(a) Portions of this chapter that are incorporated by reference from any portion of the Code of Federal Regulations (CFR) shall be understood in the manner set forth in this section.

(b) Unless specifically excluded by these rules, when a provision of the CFR is incorporated by reference, all notes, appendices, diagrams, tables, and figures are also incorporated by reference.

(c) Supplements, amendments, or other changes including, without limitation, repeals or stays that affect the meaning or operational status of a Federal regulation incorporated by reference, brought about by either judicial or administrative action and adopted or otherwise noticed by the Nuclear Regulatory Commission (NRC) in the Federal Register, shall be paralleled by a similar automatic update to the New Jersey rule so that the New Jersey rule will have the same meaning and status as its Federal counterpart.

(d) Provisions of the CFR that are excluded from incorporation by reference in these rules are excluded in their entirety, unless otherwise specified. If there is a cross-reference to a Federal citation that is specifically entirely excluded from incorporation, the cross-referenced citation is not incorporated by virtue of the cross-reference.

(e) Federal statutes and regulations that are cited in the CFR that are not specifically adopted by reference shall be used to assist in interpreting the Federal regulations.

(f) In the event that there are inconsistencies or duplications in the requirements of the provisions incorporated by reference from the CFR and the rules set forth in this chapter, the provisions incorporated by reference from the CFR shall prevail, except where the rules set forth in this chapter are more stringent. This includes N.J.A.C. 7:28-12, Remediation Standards for Radioactive Materials, which replaces 10 CFR Part 20, Subpart E, in its entirety, and N.J.A.C. 7:28-55.1(b)5 and 6, which specifically exclude provisions of the CFR that allow determination of dosage of unsealed byproduct material for medical use by methods that do not include direct measurements. The foregoing notwithstanding, as to subparts the NRC identifies as compatibility categories A or B, in the event of inconsistencies or duplications, the provisions of the CFR shall prevail, except as provided in Table 1 below and the non-substantive substitutions identified in individual subchapters of this chapter.

(g) Nothing in these provisions incorporated by reference from the CFR shall affect the Department's authority to enforce statutes, rules, permits, licenses, or orders administered or issued by the Commissioner.

(h) The following provisions of the CFR are not incorporated by reference:

1. Each subpart that the NRC identifies as compatibility category "NRC." The compatibility category of a subpart is published in the Federal Register when the regulation is promulgated;

2. Each section entitled "violations";

3. Each section entitled "communications";

4. Each section that includes "information collection requirements" in the heading; and

5. Any reference to a master material license or a permit issued by a master material licensee.

(i) The following words and terms in the CFR shall be replaced as indicated in Table 1 below, except as otherwise indicated in this chapter:

Terms in CFR	Replacement Terms
Of this part	Of this subchapter
To this part	To this subchapter
By this subpart	By this subchapter
Subject to this subpart	Subject to this subchapter
Under this subpart	Under this subchapter
In this subpart	In this subchapter
Agreement State or Agreement State agency	Agreement State or the NRC
Any non-Agreement State	The State of New Jersey, where the Department maintains jurisdiction
Commission	Department
NRC
Nuclear Regulatory Commission
U.S. NRC
Act	Radiation Protection Act
Atomic Energy Act
Atomic Energy Act of 1954
Section __ of the Act	the Act
Part 19	N.J.A.C. 7:28-50
Part 20	N.J.A.C. 7:28-6
Part 30	N.J.A.C. 7:28-51
Part 31	N.J.A.C. 7:28-52
Part 32	N.J.A.C. 7:28-53
Part 33	N.J.A.C. 7:28-54
Part 34	N.J.A.C. 7:28-63
Part 35	N.J.A.C. 7:28-55
Part 36	N.J.A.C. 7:28-56
Part 37	N.J.A.C. 7:28-65
Part 39	N.J.A.C. 7:28-57
Part 40	N.J.A.C. 7:28-58
Part 61	N.J.A.C. 7:28-59
Part 70	N.J.A.C. 7:28-60
Part 71	N.J.A.C. 7:28-61
Part 150	N.J.A.C. 7:28-62
NRC Operations Center (301-816-5100)	Department of Environmental Protection's hotline 1-877 WARNDEP (1-877-927-6337)
Written interpretation by the General Counsel	Written interpretation signed and approved by the Commissioner of the Department
NRC regional office or Director of the office of Federal and State Materials and Environmental Management Programs ; Director, Division of Security Policy, Office of Nuclear Security and Incident Response; or Director of the Office of Nuclear Material Safety and Safeguards	Bureau of Environmental Radiation at the address specified in N.J.A.C. 7:28-1.5(b)
10 CFR 20.1401	N.J.A.C. 7:28-12
10 CFR 20.1402
10 CFR 20.1403
10 CFR 20.1404
10 CFR 20.1405

(j) Replace each section entitled "criminal penalties" with the sentence, "The Radiation Protection Act of 1958, N.J.S.A. 26:2D-1 et seq., provides for criminal sanctions for violation of any provision of the Act."

(k) In each section entitled "specific exemptions," replace the sentence "The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest" with "The Department, with approval of the Commission on Radiation Protection, may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this subchapter as it determines are authorized in accordance with the provisions of N.J.A.C. 7:28-2.8."

(l) In each section entitled "interpretations," replace "Except as specifically authorized by the Commission in writing, no" with "No."

(m) If the incorporation by reference replaces "Commission," "NRC," "Nuclear Regulatory Commission," or "U.S. NRC" with "Department," replace any NRC contact information with the contact information in N.J.A.C. 7:28-1.5(b).

(n) Unless otherwise specified, all written reports required by a provision of the CFR incorporated by reference shall be sent to the Manager, Bureau of Environmental Radiation at the address specified in N.J.A.C. 7:28-1.5(b).

N.J. Admin. Code § 7:28-1.6

Adopted by 48 N.J.R. 409(b), effective 3/7/2016

Amended by 52 N.J.R. 1267(a), effective 6/15/2020