New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:28-1.6 - Incorporation of the Code of Federal Regulations by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Portions of this chapter that are incorporated by reference from any portion of the Code of Federal Regulations (CFR) shall be understood in the manner set forth in this section.
(b) Unless specifically excluded by these rules, when a provision of the CFR is incorporated by reference, all notes, appendices, diagrams, tables, and figures are also incorporated by reference.
(c) Supplements, amendments, or other changes including, without limitation, repeals or stays that affect the meaning or operational status of a Federal regulation incorporated by reference, brought about by either judicial or administrative action and adopted or otherwise noticed by the Nuclear Regulatory Commission (NRC) in the Federal Register, shall be paralleled by a similar automatic update to the New Jersey rule so that the New Jersey rule will have the same meaning and status as its Federal counterpart.
(d) Provisions of the CFR that are excluded from incorporation by reference in these rules are excluded in their entirety, unless otherwise specified. If there is a cross-reference to a Federal citation that is specifically entirely excluded from incorporation, the cross-referenced citation is not incorporated by virtue of the cross-reference.
(e) Federal statutes and regulations that are cited in the CFR that are not specifically adopted by reference shall be used to assist in interpreting the Federal regulations.
(f) In the event that there are inconsistencies or duplications in the requirements of the provisions incorporated by reference from the CFR and the rules set forth in this chapter, the provisions incorporated by reference from the CFR shall prevail, except where the rules set forth in this chapter are more stringent. This includes N.J.A.C. 7:28-12, Remediation Standards for Radioactive Materials, which replaces 10 CFR Part 20, Subpart E, in its entirety, and N.J.A.C. 7:28-55.1(b)5  and 6, which specifically exclude provisions of the CFR that allow determination of dosage of unsealed byproduct material for medical use by methods that do not include direct measurements. The foregoing notwithstanding, as to subparts the NRC identifies as compatibility categories A or B, in the event of inconsistencies or duplications, the provisions of the CFR shall prevail, except as provided in Table 1 below and the non-substantive substitutions identified in individual subchapters of this chapter.
(g) Nothing in these provisions incorporated by reference from the CFR shall affect the Department's authority to enforce statutes, rules, permits, licenses, or orders administered or issued by the Commissioner.
(h) The following provisions of the CFR are not incorporated by reference:
1. Each subpart that the NRC identifies as compatibility category "NRC." The compatibility category of a subpart is published in the Federal Register when the regulation is promulgated;
2. Each section entitled "violations";
3. Each section entitled "communications";
4. Each section that includes "information collection requirements" in the heading; and
5. Any reference to a master material license or a permit issued by a master material licensee.