N.J. Admin. Code § 7:28-63.1

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

Section 7:28-63.1 - Incorporation by reference

(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 34, Licenses for Industrial Radiography Using Sealed Sources and Radiation Safety Requirements for Such Industrial Radiographic Operations.

(b) The following provisions of 10 CFR Part 34 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 34.8, Information collection requirements: OMB approval; and

2.10 CFR 34.121, Violations.

(c) The following provisions of 10 CFR Part 34 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 34 of the Code of Federal Regulations that are incorporated by reference, mean the Department, except in 10 CFR 34.20(a)(1) and (2);

2. In every instance, replace "§" or "§§" with "10 CFR";

3.10 CFR 34.1, replace "10 Parts 19, 20, 21, 30, 71, 150, 170, and 171 of this chapter" with " 10 CFR Part 21 and N.J.A.C. 7:28-6, 50, 51, 61, 62 and 64";

4.10 CFR 34.3, Definitions, "ALARA," replace " 10 CFR Part 20 " with "N.J.A.C. 7:28-6 ";

5.10 CFR 34.5, 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";

6.10 CFR 34.11, replace "on NRC Form 313, 'Application for Material License,' in accordance with the provisions of § 30.32 of this chapter," with "an original application for a specific State license";

7.10 CFR 34.20(b)(2), replace " 10 CFR part 71 " with "N.J.A.C. 7:28-61 ";

8.10 CFR 34.25(a), replace " 10 CFR part 20 of this chapter" with "N.J.A.C. 7:28-6 ";

9.10 CFR 34.27(a), add "New Jersey," after "authorized to do so by";

10.10 CFR 34.27(b), add "or the U.S. NRC" after "an Agreement State";

11.10 CFR 34.27(c)(1), add "or by the U.S. NRC" after "or by an Agreement State" and add "or the U.S. NRC" after "or an Agreement State";

12.10 CFR 34.27(d), replace "Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in §30.6(a) of this chapter" with "Manager, Bureau of Environmental Radiation";

13.10 CFR 34.27(d), delete "A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commissions Regional Office listed in appendix D of 10 CFR part 20 of this chapter Standards for Protection Against Radiation.";

14.10 CFR 34.27(e), add "or the U.S. NRC" after "an Agreement State";

15.10 CFR 34.35(b), replace " 10 CFR part 71 " with "N.J.A.C. 7:28-61 ";

16.10 CFR 34.41(c), delete "offshore platform," and add "or by the U.S. NRC" after "by an Agreement State";

17.10 CFR 34.42(c)(1), replace " 10 CFR part 20 of this chapter" and " 10 CFR part 20 " with "N.J.A.C. 7:28-6 " in both instances;

18.10 CFR 34.43(a)(1), replace "Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in §30.6(a) of this chapter" with "Manager, Bureau of Environmental Radiation, by an appropriate method listed in N.J.A.C. 7:28-51 ";

19.10 CFR 34.43(b)(1), replace " 10 CFR parts 19 and 20, of this chapter" with "N.J.A.C. 7:28-6 and 50," and replace " 10 CFR 71 " with "N.J.A.C. 7:28-61 ";

20.10 CFR 34.43(c)(1), replace " 10 CFR parts 19 and 20 of this chapter" with "N.J.A.C. 7:28-6 and 50" and replace " 10 CFR part 71 " with "N.J.A.C. 7:28-61 ";

21.10 CFR 34.45(a)(1), replace " 10 CFR part 20 of this chapter" with "N.J.A.C. 7:28-6 ";

22.10 CFR 34.45(a)(9), delete "of this chapter";

23.10 CFR 34.51, replace " 10 CFR part 20 of this chapter" with "N.J.A.C. 7:28-6 ";

24.10 CFR 34.89(b)(2), replace " 10 CFR parts 19, 20, and 34 of NRC regulations" with "N.J.A.C. 7:28-6, 50, and 63";

25.10 CFR 34.89(b)(12), delete "of this chapter" and add "or the U.S. NRC" after "Agreement State";

26.10 CFR 34.101(a), replace "and under other sections of this chapter, such as §21.21, each licensee shall send a written report to the NRCs Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in §30.6(a) of this chapter" with "each licensee shall send a written report to the Manager, Bureau of Environmental Radiation, by an appropriate method listed in N.J.A.C. 7:28-1.5";

27.10 CFR 34.101(c), replace "appropriate NRC regional office listed in §30.6(a)(2) of this chapter" with "Department, at an appropriate method listed in N.J.A.C. 7:28-1.5";

28.10 CFR 34.111, 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 N.J.A.C. 7:28-2.8."

29.10 CFR 34.123, replace the wording of 10 CFR 34.123 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.";

30. 10 CFR Part 34 Appendix A(I)(12), add "and/or the U.S. NRC" after "Agreement States";

31. 10 CFR Part 34 Appendix A(II)(1), add "or U.S. NRC" after "Agreement State";

32. 10 CFR Part 34 Appendix A(II)(2), add "or U.S. NRC" after "equivalent Agreement State" and add "or a U.S. NRC" after "an Agreement State"; and

33. 10 CFR Part 34 Appendix A(III)(1), add "or U.S. NRC" after "Agreement State."

(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 § 7:28-63.1

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