N.J. Admin. Code § 7:28-54.1

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

Section 7:28-54.1 - Incorporation by reference

(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 33, Specific Domestic Licenses of Broad Scope for Byproduct Material.

(b) The following provisions of 10 CFR Part 33 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 33.8, Information collection requirements: OMB approval; and

2.10 CFR 33.21, Violations.

(c) The following provisions of 10 CFR Part 33 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 33 of the Code of Federal Regulations that are incorporated by reference, shall mean the Department;

2.10 CFR 33.1, replace "part 30 of this chapter" with "N.J.A.C. 7:28-51 ";

3.10 CFR 33.12, replace with "Application for specific licenses from the State and renewals shall be filed with the Department on forms available from the Department";

4.10 CFR 33.16, replace "Part 30 of this chapter" with "N.J.A.C. 7:28-51 ";

5.10 CFR 33.17(a)(3), replace "part 32, 34, or 35 of this chapter" with "N.J.A.C. 7:28-53, 55, and 63"; and

6.10 CFR 33.23, replace all of 10 CFR 33.23 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 from the Department and the NRC for radioactive materials 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 § 7:28-54.1

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