ML19015A216

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Nj Final Regulations Subchapter 60 (10 CFR 70)
ML19015A216
Person / Time
Issue date: 01/28/2019
From: Michelle Beardsley
Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
References
Download: ML19015A216 (3)
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Text

§ 7:28-60.1 with "in accordance with the provisions of N.J.A.C.

7:28-2.8";

8. 10 CFR 61.7(c)(4), replace "Department" with "Department of Energy;
9. 10 CFR 61.12(k), replace "part 20 of this chap-ter" with "N.J.A.C. 7:28-6";
10. 10 CFR 61.13(c), replace "part 29 of this chap-ter" with "N.J.A.C. 7:28-6";
11. 10 CFR 61.20(c), replace "part 170 of this chapter" with "N.J.A.C. 7:28-64";
12. 10 CFR 61.23(d), replace "part 20 of this chap-ter" with "N.J.A.C. 7:28-6";
13. 10 CFR 61.24(k)(l), replace "NRC Regional Administrator" with "Supervisor of the Radioactive Materials Program";
14. 10 CFR 61.43, replace "part 20 of this chap-ter" with "N.J.A.C. 7:28-6";
15. 10 CFR 61.71, 10 CFR 61.72(a), 10 CFR 61.73(a), 10 CFR 61.73(b), and 10 CFR 61.73(c), re-place _"Director" with Manager of the Bureau of En-vironmental Radiation";
16. 10 CFR 61.80(i)(l), delete "to the Director, Office of Federal and State Materials and Environ-mental Management Programs," and replace "with a copy to the appropriate NRC Regional Office shown in appendix D to part 20 of this chapter" with "to the Department at the address or fax number listed in N.J.A.C. 7:28-1.5"; and
17. 10 CFR 61.84, replace all of 10 CFR 61.84 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) For those facilities whose radioactive mate-rials are licensed solely by the Department, NRC Form 3, "Notice to Employees" shall mean the De-partment's Form RPP-14, "Notice to Employees, Standards for Protection Against Radiation," avail-able from the Department by contacting the Ra-dioactive Materials Program at the address, phone number, or website listed in N.J.A.C. 7:28-1.5.

(e) Those facilities which possess a license from the Department and the NRC for radioactive ma-terials 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 Depart-ment pursuant to this subchapter shall be submit-ted to the address at N.J.A.C. 7:28-1.5.

(g) 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 ef-fective date of the Department decision for which an adjudicatory hearing is requested are set forth at N.J.A.C. 7:28~4.18.

NEW JERSEY ADMINISTRATIVE CODE HISTORY:

Amended by R.2014 d.083, effective May 5, 2014.

See: 45 N.J.R. 806(a), 46 N.J.R. 768(a).

Rewrote the section.

SUBCHAPTER 60. DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

§ 7:28-60.1 Incorporation by reference

(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 refer-enced citation is not incorporated by virtue of the cross reference:

1. 10 CFR 70.l(c) through (e), Purpose;
2. 10 CFR 70.4, definition of "commencement of construction, paragraph 2," "Commission", and "con-struction, paragraph 9(ii)";
3. 10 CFR 70.5, Communications;
4. 10 CFR 70.8, Information collection require-ments: 0MB approval;
5. 10 CFR 70.13, Department of Defense;
6. 10 CFR 70.14, Foreign military aircraft;
7. 10 CFR 70.19(a)(l) and (2), pertaining to recog-nition of specific licenses;
8. 10 CFR 70.20a, General license to possess spe-cial nuclear material for transport;
9. 10 CFR 70.20b, General license for carriers of transient shipments of formula quantities of strate-gic special nuclear material, special nuclear materi-al of moderate strategic significance, special nuclear material oflciw strategic significance, and irradiated reactor fuel;
10. 10 CFR 70.21(a)l, (c), and (f) through (h), Fil-ing;
11. 10 CFR 70.22(b), (c), and (f) through (n), Con-tents of application;
12. 10 CFR 70.23(a)(6) through (12), and (b), Re-quirements for the approval of applications;
13. 10 CFR 70.23a, Hearing required for uranium enrichment facility;
14. 10 CFR 70.24, Criticality accident require-ments;
15. 10 CFR 70.25(a)(l), Financial assurance and recordkeeping for decommissioning;
16. 10 CFR 70.31(c) through (e), Issuance of li-censes;
17. 10 CFR 70.32(a)(l), (4) through (7), (b)(l), (3);

(4), and (c) through (k), Conditions of licenses;

18. 10 CFR 70.37, Disclaimer of warranties; 196

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art 70 1 cross 11tirely refer-of the 1ent of d "con-

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, recog-

  • ss spe-riers of strate-nateri-rnclear i.diated Ji), Fil-1), Con-(b), Re-ranium
  • equire-ice and

~e of li-1(1), (3);

s; RADIATION PROTECTION PROGRAMS

19. 10 CFR 70.40, Ineligibility of certain appli-cants;
20. 10 CFR 70.42(b)(6), Transfer of special nucle-ar material;
21. 10 CFR 70.44, Creditor regulations;
22. 10 CFR 70.51(c), Records requirements;
23. 10 CFR 70.52, Reports of accidental critical-ity;
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 applica-tions;
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 require-ments;.
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 Commis-sion," "NRC," and U.S. Nuclear Regulatory Com-mission," 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 Commis-sioner 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 Reor-ganization 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.";

§ 7:28-60.1

5. 10 CFR 70. 7(a)(3), replace "Energy Reorganiza-tion Act of 1974, as amended, or the Atomic Energy Act of 1954, as amended" with Radiation Protection Act of 1958, N.J.S.A. 26:2D-1 et seq.";
6. 10 CFR 70.7(e)(l), replace "part 19" with "N.J.A.C. 7:28-50";
7. 10 CFR 70.11, replace "Department" with "De-partment 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 inter-est" with "in compliance with N.J.A.C. 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 70.2l(d), replace "regulations con-tained in part 2 of this chapter" with "Open Public Records Act (N.J.S.A. 47:lA-1 et seq.)";
13. 10 CFR 70.25(c)(5) replace "20.1402" with "N.J.A.C. 7:28-12.1";
14. 10 CFR 70.25(e)(l)(i)(B), replace "20.1402" with "N.J.A.C. 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 esti-mate 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 70.380)(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)(l), 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" af-ter "Agreement State";
24. 10 CFR 70.42(d)(5), add "or the U.S. NRC" af-ter "Agreement State";
25. 10 CFR 70.50(c)(2), delete "to the NRC's Docu-'

ment Control Desk," and replace "with a copy to the 197

§ 7:28-61.1 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 N.J.A.C. 7:28-1.5"; and

26. 10 CFR 70.56, delete ", produced" and "pro-duction,".

(d) Reports that are to be submitted to the De-partment pursuant to this subchapter shall be sub-mitted 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 ef-fective date of the Department decision for which an adjudicatory hearing is requested are set forth at N.J.A.C. 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 Department's Form RPP-14, "Notice to Employees, Standards for Protection Against Radiation," available from the Department by contacting the Radioactive Materi-als Program at the address, phone number, or web-site listed in N.J.A.C. 7:28-1.5.

HISTORY:

Amended by R.2014 d.083, effective May 5, 2014.

See: 45 N.J.R. 806(a), 46 N.J.R. 768(a).

Rewrote the section.

Amended by R.2016 d.022, effective March 7, 2016 (opera-tive March 19, 2016).

See: 47 N.J.R. 2589(a), 47 N.J.R. 2695(a), 48 N.J.R. 409(b).

In (b)36, deleted "and from the end; in (b)37, substituted";

and" for a period; added (b)38; in the introductory para-graph of (c), substituted In addition to the changes out-lined in N.J.A.C. 7:28-1.6, the" for "The"; and in (c)14, updated the first CFR reference.

SUBCHAPTER 61. PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIALS

§ 7:28-61.1 Incorporation by reference (a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 71, Packaging and Transportation of Radioactive Material.

(b) The following provisions of 10 CFR Part 71 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross refer-enced citation is not incorporated by virtue of the cross reference.

1. 10 CFR 71.6, Information collection require-ments: 0MB approval;
2. 10 CFR 71.10, Public inspection of application;
3. 10 CFR 71.14(b), Exemptions for low-level ma-terials; NEW JERSEY ADMINISTRATIVE,CODE
4. 10 CFR 71.19, Previously approved package;
5. 10 CFR 71.31, Contents of application;
6. 10 CFR 71.33, Package description;
7. 10 CFR 71.35, Package evaluation;
8. 10 CFR 71.37, Quality assurance;
9. 10 CFR 71.38, Renewal of a certificate of com-pliance or quality assurance program approval;
10. 10 CFR 71.39, Requirement for additional in-formation;
11. 10 CFR 71.41, Demonstration of compliance;
12. 10 CFR 71.43, General standards for all pack-ages;
13. 10 CFR 71.45, Lifting and tie-down standards for all packages;
14. 10 CFR 71.51, Additional requirements for Type B packages;
15. 10 CFR 71.55, General requirements for fis-sile material packages;
16. 10 CFR 71.59, Standards for arrays of fissile material packages;
17. 10 CFR 71.61, Special requirements for Type B packages containing more than 105A2;
18. 10 CFR 71.63, Special requirement for pluto-nium shipments;
19. 10 CFR 71. 64, Special requirements for pluto-nium air shipments;
20. 10 CFR 71.65, Additional requirements; *
21. 10 CFR 71.71, Normal conditions of transport;
22. 10 CFR 71.73, Hypothetical accident condi-tions;
23. 10 CFR 71.74, Accident conditions for air transport of plutonium;

- 24. 10 CFR 71.75, Qualification of special form radioactive material;

25. 10 CFR 71.77, Qualification ofLSA-III Mate-rial;
26. 10 CFR 71.101(c)(2), (d) through (e), Quality assurance requirements;
27. 10 CFR 71.107, Package design control;
28. 10 CFR 71.109, Procurement document con-

. trol;

29. 10 CFR 71.111, Instructions, procedures and drawings;
30. 10 CFR 71.113, Document control;
31. 10 CFR 71.115, Control of purchased mate-rial, equipment and services;
32. 10 CFR 71.117, Identification and control of materials, parts and components;
33. 10 CFR 71.119, Control of special processes;
34. 10 CFR 71.121, Internal inspection;
35. 10 CFR 71.123, Test control; and
36. 10 CFR 71.125, Control of measuring and test equipment.

(c) In addition to the changes outlined in N.J.A.C.

7:28-1.6, the following provisions of 10 CFR 71 are 198

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