N.J. Admin. Code § 7:28-60.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:28-60.1 - Incorporation by reference

(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 70, Domestic Licensing of Special Nuclear Material.

(b) The following provisions of 10 CFR Part 70 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 70.1(c) through (e), Purpose;

2.10 CFR 70.4, definition of "commencement of construction, paragraph 2," "Commission", and "construction, paragraph 9(ii)";

3.10 CFR 70.5, Communications;

4.10 CFR 70.8, Information collection requirements: OMB approval;

5.10 CFR 70.13, Department of Defense;

6.10 CFR 70.14, Foreign military aircraft;

7.10 CFR 70.19(a)(1) and (2), pertaining to recognition of specific licenses;

8.10 CFR 70.20a, General license to possess special nuclear material for transport;

9.10 CFR 70.20b, General license for carriers of transient shipments of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, special nuclear material of low strategic significance, and irradiated reactor fuel;

10.10 CFR 70.21(a)1,(c), and (f) through (h), Filing;

11.10 CFR 70.22(b), (c), and (f) through (n), Contents of application;

12.10 CFR 70.23(a)(6) through (12), and (b), Requirements for the approval of applications;

13.10 CFR 70.23a, Hearing required for uranium enrichment facility;

14.10 CFR 70.24, Criticality accident requirements;

15.10 CFR 70.25(a)(1), Financial assurance and recordkeeping for decommissioning;

Recodify existing 15.-23. as 16.-24. (No change in text.)

25.-32. (No change.)

16.10 CFR 70.31(c) through (e), Issuance of licenses;

17.10 CFR 70.32(a)(1), (4) through (7), (b)(1), (3), (4), and (c) through (k), Conditions of licenses;

18.10 CFR 70.37, Disclaimer of warranties;

19.10 CFR 70.40, Ineligibility of certain applicants;

20.10 CFR 70.42(b)(6), Transfer of special nuclear material;

21.10 CFR 70.44, Creditor regulations;

22.10 CFR 70.51(c), Records requirements;

23.10 CFR 70.52, Reports of accidental criticality;

24.10 CFR 70.55(c), Inspections;

25.10 CFR 70.59, Effluent monitoring reporting requirements;

26.10 CFR 70.60, Applicability;

27.10 CFR 70.61, Performance requirements;

28.10 CFR 70.62, Safety program and integrated safety analysis;

29.10 CFR 70.64, Requirements for new facilities or new processes at existing facilities;

30.10 CFR 70.65, Additional content of applications;

31.10 CFR 70.66, Additional requirements for approval of license application;

32.10 CFR 70.72, Facility changes and change process;

33.10 CFR 70.73, Renewal of licenses;

34.10 CFR 70.74, Additional reporting requirements;

35.10 CFR 70.76, Backfitting;

36.10 CFR 70.91, Violations;

37.10 CFR 70.82, Suspension and operation in war or national emergency; and

38. Appendix A.

(c) In addition to the changes outlined in N.J.A.C. 7:28-1.6, the following provisions of 10 CFR Part 70 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 70 of the Code of Federal Regulations that are incorporated by reference, mean the Department except when specifically noted in this subchapter and at 10 CFR 70.42(b)(2);

2.10 CFR 70.6, Interpretations, delete "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,";

3.10 CFR 70.4, in definition of "person," replace "Department" with "Department of Energy";

4.10 CFR 70.7(a), delete "The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.";

5.10 CFR 70.7(a)(3), replace "Energy Reorganization Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended" with "Radiation Protection Act of 1958, 26:2D-1 et seq.";

6.10 CFR 70.7(e)(1), replace "part 19" with "N.J.A.C. 7:28-50 ";

7.10 CFR 70.11, replace "Department" with "Department of Energy";

8.10 CFR 70.17(a), 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 compliance with 7:28-2.8 ";

9.10 CFR 70.19(a)(3), replace "(3)" with "(1)," and replace "an Agreement State" with "New Jersey";

10.10 CFR 70.19(b), add "or the U.S. NRC" after both instances of "Agreement State."

11.10 CFR 70.19(c), replace "19, 20," with "N.J.A.C. 7:28-50 and N.J.A.C. 7:28-6 " and delete "and 21";

12.10 CFR 70.21(d), replace "regulations contained in part 2 of this chapter" with "Open Public Records Act (47:1A-1 et seq.)";

13.10 CFR 70.25(c)(5) replace "20.1402" with "7:28-12.1 ";

14.10 CFR 70.25(e)(1)(i)(B), replace "20.1402" with "7:28-12.1," add "or restricted" after "unrestricted," and delete ", provided that, if the applicant or licensee can demonstrate its ability to meet the provisions of 10 CFR 20.1403, the cost estimate may be based on meeting the 10 CFR 20.1403 criteria";

15.10 CFR 70.25(g)(3)(iii), replace " 10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12 ";

16.10 CFR 70.25(g)(3)(iv), replace " 10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12 ";

17.10 CFR 70.38(j)(2), replace " 10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12 ";

18.10 CFR 70.38(k)(3)(i), replace " 10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12 ";

19.10 CFR 70.38(k)(3)(ii), replace " 10 CFR part 20, subpart E" with "N.J.A.C. 7:28-12 ";

20.10 CFR 70.42(b)(1), replace "Department" with "Department of Energy";

21.10 CFR 70.42(b)(4), add "or non-Agreement State" after "Agreement State" and add "or the U.S. NRC" after both instances of "State";

22.10 CFR 70.42(c), add "or the U.S. NRC" after both instances of "Agreement State";

23.10 CFR 70.42(d)(4), add "or the U.S. NRC" after "Agreement State";

24.10 CFR 70.42(d)(5), add "or the U.S. NRC" after "Agreement State";

25.10 CFR 70.50(c)(2), delete "to the NRCs Document Control Desk," and replace "with a copy to the appropriate NRC regional office listed in appendix D to part 20 of this chapter" with "to the Department at the address or fax number listed in 7:28-1.5 "; and

26.10 CFR 70.56, delete ", produced" and "production,".

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

(e) 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.

(f) 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.

N.J. Admin. Code § 7:28-60.1

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

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