ML22021A904

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New Jersey Regulations Subchapter 61
ML22021A904
Person / Time
Issue date: 01/19/2022
From:
Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
Shared Package
ML22021A667 List:
References
Download: ML22021A904 (2)
v • d • e


Text

§ 7:28-61.1 NEW JERSEY ADMINISTRATIVE CODE appropriate NRC regional office listed in appendix D 4. 10 CFR 71.19, Previously approved package; to part 20 of this chapter" with "to the Department 5. 10 CFR 71.31, Contents of application;,

at the address or fax number listed in N.J.A.C. 7:28- 6. 10 CFR 71.33, Package description; 1.5"; and 7. 10 CFR 71.35, Package evaluation;

26. 10 CFR 70.56 delete ", produced" and "pro-0
8. 10 CFR 71.37, Quality assurance; duction,". 9. 10 CFR 71.38, Renewal of a certificate of com-(d) Reports that are to be submitted to the De- pliance or quality assurance program approval; partment pursuant to this subchapter shall be sub- 10. 10 CFR 71.39, Requirement for additional in-mitted to the address at N.J.A.C. 7:28-1.5. formation; (e) Requests for adjudicatory hearings shall be 11, 10 CFR 71.41, Demonstration of compliance; made in accordance with N.J.A.C. 7:28-4.17, and 12. 10 CFR 71.43, General standards for all pack-requirements governing requests for stay of the ef- ages; fective date of the Department decision for which an 13. 10 CFR 71.45, Lifting and tie-down standards adjudicatory hearing is requested are set forth at for all packages; N.J.A.C. 7:28-4.18. 14. 10 CFR 71.51, Additional requirements for (f) For those facilities whose radioactive materials Type B packages; are licensed solely by the Department, NRC Form 3, 15. 10 CFR 71.55, General requirements for fis-

"Notice to Employees" shall mean the Department's sile material packages; Form RPP-14, "Notice to Employees, Standards for 16. 10 CFR 71.59, Standards for arrays of fissile Protection Against Radiation," available from the material packages; Department by contacting the Radioactive Materi- 17. 10 CFR 71.61, Special requirements for Type als Program at the address, phone number, or web- B packages containing more than 105A2; site listed in N.J.A.C. 7:28-1.5.

  • 18. 10 CFR 71.63, Special requirement for pluto-HISTORY: nium shipments; Amended by R.201-4 d.083, effective May 5, 2014. 19. 10 CFR 71.64, Special requirements for pluto-See: 45 N.J.R. 806(a), 46 N.J.R. 768(a). nium air shipments; Rewrote the section. 20. 10 CFR 71.65, Additional requiremen:ts; Amended by R.2016 d.022, effective March 7, 2016 (opera- 21. 10 CFR 71. 71, Normal conditions of transport; tive March 19, 2016). 22. 10 CFR 71. 73, Hypothetical accident condi-See: 47 N.J.R. 2589(a), 47 N.J.R. 2695(a), 48 N.J.R. 409(b). tions; In (b)36, deleted "and" from the end; in (b)37, substituted"; 23. 10 CFR 71.74, Accident conditions for air and'.' for a period; added (b)38; in the introductory para-graph of (c), substituted "In addition to the changes out- transport of plutonium; lined in N.J.A.C. 7:28-1.6, the" for "The"; and in (c)14, 24. 10 CFR 71. 75, Qualification of special form updated the first CFR reference. radioactive material;
25. 10 CFR 71. 77, Qualification of LSA-III Mate-SUBCHAPTER 61. PACKAGING AND rial;
26. 10 CFR 71.10l(c)(2), (d) through (e), Quality TRANSPORTATION OF RADIOACTIVE assurance requirements; MATERIALS
27. 10 CFR 71.107, Package design control;

§ 7:28-61.l Incorporation by reference

28. 10 CFR 71.109, Procurement document con-(a) Except as set forth in (b) and (c)' below, this trol; subchapter incorporates by reference 10 CFR Part 29. 10 CFR 71.111, Instructions, procedures and 71, Packaging and Transportation of Radioactive drawings; Material. 30. 10 CFR 71.113, Document control; (b) The following provisions of 10 CFR Part 71 31. 10 CFR 71.115, Control of purchased mate-are not incorporated by reference. If there is a cross rial, equipment and services; reference to a Federal citation specifically: entirely 32. 10 CFR 71.117, Identification and control of excluded from incorporation, then the *cross refer- materials, parts and components; enced citation is not incorporated by virtue of the 33. 10 CFR 71.119, Control of special processes; cross reference. 34. 10 CFR 71.121, Internal inspection;
1. 10 CFR 71.6, Information collection require- 35. 10 CFR 71.123, Test control; and ments: 0MB approval; 36. 10 CFR 71.125, Control of measuring and test
2. 10 CFR 71.10, Public inspection of application; equipment.
3. 10 CFR 71.14(b), Exemptions for low-leveLma- (c) In addition to the changes outlined in N.J,A.C.

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

E RADIATION PROTECTION PROGRAMS § 7:28-61.1 incorporated by reference with the specified chang- 3, 'Notice to Employees,' referenced in § 19.ll(c) of es: this chapter" with "Each licensee, certificate holder,

1. "Commission," "Nuclear Regulat6ry Commis- and applicant for a license or CoC must prominently sion;" "NRC," and "U.S. Nuclear Regulatory Com- post the current revision of Department Form RPP-mission," as used in the provisions of Part 71 of the 14, 'Notice to Employees, Standards for Protection L- Code of Federal Regulations that are incorporated Against Radiation,' referenced in Subchapter 50";

by reference, means the Department, except at: 10. 10 CFR 71.9(e)2, replace with "Copies of De-

i. 10 CFR 71.0(a)2 and (d)l, Purpose and Scope; partment Form RPP-14 may be obtained from the ii. 10 CFR 71.4, definitions for "Certificate Hold- Department in accordance with N.J.A.C. 7:28-1.5.";

er," "Certificate of Compliance(CoC)" and "Package 11. 10 CFR 71.12, replace "Commission" with (3) Type B Package"; "Department , with approval of the Commission on iii. 10 CFR 71.17; Radiation Protection," and replace "by law and will iv. 10 CFR 71.88(a)4, Air transport of plutonium; ~ot endanger life or property nor the common de-

v. 10 CFR 71.93(c), Inspections and tests; fense and security" with "in accordance with the pro-vi. 10 CFR 71.95(a)(l) and (a)(2); visions of N.J .A.C. 7:28-2.8";

vii. 10 CFR 71.97(c)(l), (c)(3)(iii), and(!), Advance 12. 10 CFR 71.13, replace "10 CFR part 35" with notification of shipment of irradiated reactor fuel "N.J.A.C. 7:28-55" and add "or the U.S. NRC" after and nuclear waste; and "Agreement State";

viii. 10 CFR 71.101(!), Quality assurance require- 13. 10 CFR 71.95(c), replace "§ 71.l(a)" with ments; "N.J.A.C. 7:28-1.5" and replace "to: ATTN: Docu-

2. 10 CFR 71.0(b), replace "parts of this chapter nient Control Desk, Director, Spent Fuel Project (e.g., 10 CFR parts 20, 21, 30, 40, 70 and 73)," with Office, Office of Nuclear Material Safety and Safe-

"State Regulations (e.g. N.J.A.C. 7:28-6, 51, 58, and guards" with "to the Department" ;

60)" and add "U.S. Nuclear Regulatory Commission 14. 10 CFR 71.100, replace all of 10 CFR 71.100 (NRC)" into the list of other agencies; with "The Radiation Protection Act of 1958, N.J.S.A.

3. 10 CFR 71.l(a), replace rule text with "Except 26:2D-1 et seq., provides for criminal sanctions for where otherwise specified, all communicati ons and violation of any provision of the Act."

reports concerning the regulations in this part and 15. 10 'CFR 71.l0l(c)l, replace "§ 71.l(a)" with applications filed under them should be sent to the "N.J.A.C. 7:28-1.5" and replace "to: ATTN: Docu-Department as specified in N.J.A.C. 7:28-1.5."; ment Control Desk, Director, Spent Fuel Project

4. 10 CFR 71.2, delete "Except as specifically Office, Office of Nuclear Material Safety and Safe-authorized by the Commission in writing, no" with guards" with "to the Department" ; and "No/' and replace by the General Counsel" with 16. 10 CFR 71.101(!), replace "NRC, in accor-

"signed and approved by the Commissione r of the dance with § 71. 1" with "Department , in accordance Department "* with N.J.A.C. 7:28-1.5."

5. 10 CFR 71.4, in definition of special form radio- (d) Reports that are to be submitted to the De-active material, N.J.A.C. 7:28-.l.6(i) shall not apply partment pursuant to this subchapter shall be sub-to replace references to past versions of Part 71 with mitted to the address at N.J.A.C. 7:28-1.5.

N.J.A.C. 7:28-61; (e) Requests for adjudicatory hearings shall be

6. 10 CFR 71.5(b), replace "Director, Office of Nu- made in accordance with N.J.A.C. 7:28-4.17, and clear Material Safety and Safeguards, U.S. Nuclear requirements governing requests for stay of the ef-Regulatory Commission, Washington, D.C., 20555- fective date of the Department decision for which an 0001" with "the Department in accordance with adjudicatory hearing is requested are set forth at N.J.A.C. 7:28-1.5"; N.J.A.C. 7:28-4.18.
7. 10 CFR 71. 7(b), replace "Administrat or of the appropriate Regional Office with "Supervisor, Ra- HISTORY:

dioactive Materials Program"; Amended by R.2014 d.083, effective May 5, 2014.

8. 10 CFR 71.9(c), replace "Commission licensee, See: 45 N.J.R. 806(a), 46 N.J.R. 768(a).

certificate holder, applicant for a Commission li- Rewrote the section.

cense or a CoC" with "Department licensee, NRC Amended by R.2016 d.022, effective March 7, 2016 (opera-tive March 19, 2016).

certificate holder, applicant for a Department li-See: 47 N.J.R. 2589(a), 47 N.J.R. 2695(a), 48 N.J.R. 409(b).

cense or NRC CoC"; In the introductory paragraph of (c), substituted "In addi-

9. 10 CFR 71.9(e)(l), replace "Each licensee, certif- tion to the changes outlined in N.J.A.C. 7:28-1.6, the" icate holder, and applicant for a license or CoC must for The"; rewrote (c)liii; added new (c)5; and recodified prominently post the current revision of NRC Form former (c)5 through (c)15 as (c)6 through (c)16.

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