N.J. Admin. Code § 7:28-57.1

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

Section 7:28-57.1 - Incorporation by reference

(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 39, Licenses and Radiation Safety Requirements for Well Logging.

(b) The following provisions of 10 CFR Part 39 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 39.8, Information collection requirements: OMB approval; and

2.10 CFR 39.101, Violations.

(c) The following provisions of 10 CFR Part 39 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 39 of the Code of Federal Regulations that are incorporated by reference, means the Department, except at:

i.10 CFR 39.41(f), Design and performance criteria for sources; and

ii.10 CFR 39.63(l), Operating and emergency procedures.

2.10 CFR 39.1(a), replace "parts 19, 20, 21, 30, 40, 70, 71, and 150 of this chapter" with "N.J.A.C. 7:28-6, 50, 51, 58, 60, 61 and 64";

3.10 CFR 39.5, 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 39.11, replace "Form NRC 313" with "NJRAD Form 313" and replace "appropriate NRC Regional Office listed in appendix D of part 20 of this chapter" with "Department at the address or fax number listed in N.J.A.C. 7:28-1.5";

5.10 CFR 39.11, replace "part 170 of this chapter" and "§ 170.31 of this chapter" with "N.J.A.C. 7:28-64 ";

6.10 CFR 39.31(a)(3), replace " 10 CFR part 71 " with "N.J.A.C. 7:28-61 ";

7.10 CFR 39.33(a), replace "part 20 of this chapter" with "N.J.A.C. 7:28-6 ";

8.10 CFR 39.35(b), add "or the U.S. NRC" after both occurrences of "Agreement State";

9.10 CFR 39.35(d)(1), add "or U.S. NRC" after both occurrences of "Agreement State";

10.10 CFR 39.35(d)(2), replace "appropriate NRC Regional Office listed in appendix D of part 20 of this chapter" with "Department at the address or fax number listed in N.J.A.C. 7:28-1.5";

11.10 CFR 39.43(c), (d) and (e), add "or U.S. NRC" after "Agreement State";

12.10 CFR 39.51, add "or by the U.S. NRC" after "by an Agreement State";

13.10 CFR 39.61(a)(2)(i), replace "parts 19, 20, and 39 of this chapter" with "N.J.A.C. 7:28-6, 50 and 57";

14.10 CFR 39.61(b)(1), replace "parts 19 and 20 of this chapter" with "N.J.A.C. 7:28-6 and 50";

15.10 CFR 39.63(l), replace "Part 21" with " 10 CFR part 21 ";

16.10 CFR 39.73(a), replace "19, 20, and 39" with "N.J.A.C. 7:28-6, 50 and 57";

17.10 CFR 39.75(e), add ", or NRC" after "Agreement State";

18.10 CFR 39.77(a), replace "NRC Regional Office by telephone" with "Department by telephone as per N.J.A.C. 7:28-1.5" and replace "using an appropriate method listed in § 30.6(a) of this chapter," with "at the address or fax number listed in N.J.A.C. 7:28-1.5";

19.10 CFR 39.77(c)(1), replace "appropriate NRC Regional Office" with "Department at the phone number listed in N.J.A.C. 7:28-1.5";

20.10 CFR 39.77(d), replace "appropriate NRC Regional Office" with "Department at the address or fax number listed in N.J.A.C. 7:28-1.5";

21.10 CFR 39.91, add "with the approval of the Commission on Radiation Protection," after "initiative," and replace "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 N.J.A.C. 7:28-2.8"; and

22.10 CFR 39.103, replace all of 10 CFR 39.103 with "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."

(d) Reports that are to be submitted to the Department pursuant to this subchapter shall be submitted to the address at N.J.A.C. 7:28-1.5.

(e) Requests for adjudicatory hearings shall be made in accordance with N.J.A.C. 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 N.J.A.C. 7:28-4.18.

N.J. Admin. Code § 7:28-57.1

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