ML080860217
| ML080860217 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/2008 |
| From: | Chris Miller NRC/FSME |
| To: | Reyes L NRC/EDO |
| Lohr, Edward M, FSME, 415-0253 | |
| Shared Package | |
| ML080860191 | List: |
| References | |
| EDATS: FSME-2008-0015 | |
| Download: ML080860217 (3) | |
Text
April 24, 2008 MEMORANDUM TO:
Luis A. Reyes Executive Director for Operations FROM:
Charles L. Miller, Director
/RA George Pangburn for/
Office of Federal and State Materials and Environmental Management Programs
SUBJECT:
RESOLUTION OF A PETITION FROM E. RUSSELL RITENOUR, Ph.D.
Your approval and signature are requested on both the enclosed letter to the petitioner and the Federal Register Notice (Enclosures 1 and 2). The notification for the Commission is.
The Commission received a petition from E. Russell Ritenour, Ph.D. dated September 10, 2006.
This petition was assigned Docket Number PRM-35-20. The petitioner requested that the NRC amend 10 CFR 35.57, last revised on March 30, 2005 (70 FR 16336), to recognize: (1) medical physicists certified by the American Board of Radiology or the American Board of Medical Physics on or before October 25, 2005, the date when former 10 CFR Part 35, Subpart J expired, as grandfathered for the modalities that they practiced as of October 24, 2005; and (2) all diplomates that were certified by named boards in former 10 CFR Part 35, Subpart J, for Radiation Safety Officers (RSO) who have relevant timely work experience even if they have not been formally named as an RSO or as either Assistant or Associate RSO. The petitioner believes that these diplomates should be grandfathered as RSOs by virtue of certification providing the appropriate preceptor statement is submitted. The notice of receipt was published on November 1, 2006 (71 FR 64168). The comment period closed on January 16, 2007. One hundred sixty-five comment letters were received, and of that number, one hundred sixty-three were in support of the petition.
In resolving the petition, the staff considered the petitioners supporting rationale and concluded that the issues raised in the petition will be considered in the rulemaking process in the following way. The staff will attempt to develop a technical basis to support a rulemaking that would address the issues raised in the petition. If a technical basis which supports rulemaking can be developed, the issues will be addressed in a future rulemaking. If a technical basis to support a rulemaking cannot be developed, the issues will not be further considered by the staff. The appropriate Congressional committees will be informed.
The action does not constitute a significant question of policy, nor does it affect regulations contained in 10 CFR Parts 7, 8, or 9, Subpart C, concerning matters of policy.
Enclosures:
- 1. Letter to Petitioner
- 2. Federal Register Notice of Resolution
- 3. Notice of Petition Resolution Signed by EDO CONTACT: Edward M. Lohr, FSME/DILR (301) 415-0253
April 24, 2008 MEMORANDUM TO:
Luis A. Reyes Executive Director for Operations FROM:
Charles L. Miller, Director Office of Federal and State Materials
/RA GP for/
and Environmental Management Programs
SUBJECT:
RESOLUTION OF A PETITION FROM E. RUSSELL RITENOUR, Ph.D.
Your approval and signature are requested on both the enclosed letter to the petitioner and the Federal Register Notice (Enclosures 1 and 2). The notification for the Commission is.
The Commission received a petition from E. Russell Ritenour, Ph.D. dated September 10, 2006.
This petition was assigned Docket Number PRM-35-20. The petitioner requested that the NRC amend 10 CFR 35.57, last revised on March 30, 2005 (70 FR 16336) to recognize: (1) medical physicists certified by the American Board of Radiology or the American Board of Medical Physics on or before October 25, 2005, the date when former 10 CFR Part 35, Subpart J expired, as grandfathered for the modalities that they practiced as of October 24, 2005; and (2) all diplomates that were certified by named boards in former 10 CFR Part 35, Subpart J, for Radiation Safety Officer (RSO) who have relevant timely work experience even if they have not been formally named as an RSO or as either Assistant or Associate RSO. The petitioner believes that these diplomates should be grandfathered as RSOs by virtue of certification providing the appropriate preceptor statement is submitted. The notice of receipt was published on November 1, 2006 (71 FR 64168). The comment period closed on January 16, 2007. One hundred sixty-five comment letters were received, and of that number, one hundred sixty-three were in support of the petition.
In resolving the petition, the staff considered the petitioners supporting rationale and concluded that the issues raised in the petition will be considered in the rulemaking process in the following way. The staff will attempt to develop a technical basis to support a rulemaking that would address the issues raised in the petition. If a technical basis which supports rulemaking can be developed, the issues will be addressed in a future rulemaking. If a technical basis to support a rulemaking cannot be developed, the issues will not be further considered by the staff. The appropriate Congressional committees will be informed.
The action does not constitute a significant question of policy, nor does it affect regulations contained in 10 CFR Parts 7, 8, or 9, Subpart C, concerning matters of policy.
Enclosures:
- 1. Letter to Petitioner
- 2. Federal Register Notice of Resolution
- 3. Notice of Petition Resolution Signed by EDO Distribution: EDATS: FSME-2008-0015 DILR r/f DMSSA r/f RidsEdoMailCenter EDO r/f RidsFsmeOd ML080860191 OFFICE DILR DILR DILR DILR NAME ELohr MDelligatti; MHorn for PBubar DRathbun; PBubar for DATE 3/28/2008 3/28/2008 3/28/2008 3/28/2008 OFFICE DMSSA Tech Editor FSME NAME RLewis by e-mail CPoland; PTressler for CMiller (G.Pangburn for)
DATE 2/27/2008 4/14/2008 4/24/2008
OFFICIAL RECORD COPY