N.J. Admin. Code § 7:28-56.1

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

Section 7:28-56.1 - Incorporation by reference

(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 36, Licenses and Radiation Safety Requirements for Irradiators.

(b) The following provisions of 10 CFR Part 36 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 36.2, Definitions, the following definitions are not incorporated by reference: "commencement of construction, paragraph 2" and "construction, paragraph 9(ii)";

2.10 CFR 36.8, Information collection requirements: OMB approval; and

3.10 CFR 36.91, Violations.

(c) The following provisions of 10 CFR Part 36 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 36 of the Code of Federal Regulations that are incorporated by reference, means the Department, except when specifically noted in this subchapter;

2.10 CFR 36.1(a), replace "parts 19, 20, 21, 30, 71, 170 and 171 of this chapter" with "N.J.A.C. 7:28-6, 50, 51, 61 and 64";

3.10 CFR 36.5, replace "Except as specifically authorized by the Commission in writing, no" with "No" and replace "by the General Counsel" with "signed and approved by the Commissioner of the Department,"

4.10 CFR 36.11, replace "Form NRC 313, Application for Material License," with "NJRAD Form 313," delete "and one copy," and replace "appropriate NRC Regional Office listed in appendix D to part 20 of this chapter" with "Department at the address or fax number listed in 7:28-1.5 ";

5.10 CFR 36.11, replace "part 170 of this chapter" and "§ 170.31 of this chapter" with "N.J.A.C. 7:28-64 ";

6.10 CFR 36.13(g), add "or the U.S. Nuclear Regulatory Commission" after "Agreement State";

7.10 CFR 36.15, replace "§ 170.31" with "N.J.A.C. 7:28-64 " and replace "the Atomic Energy Act of 1954, as amended" with "the Act";

8.10 CFR 36.17, replace "Commission" with "Department, with approval of the Commission on Radiation Protection," and replace "by law and will not endanger life or property or the common defense and security and are otherwise in the public interest" with "in accordance with the provisions of 7:28-2.8 ";

9.10 CFR 36.51(a)(2), replace "parts 19 and 36 of NRC regulations" with "N.J.A.C. 7:28-50 and 56";

10.10 CFR 36.59(a), add "or the U.S. Nuclear Regulatory Commission" after both occurrences of "Agreement State";

11.10 CFR 36.59(c), add "or U.S. NRC" after both occurrences of "Agreement State"; and

12.10 CFR 36.93, replace all of 10 CFR 36.93 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 § 7:28-56.1

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