ML080860389
| ML080860389 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/2008 |
| From: | NRC/FSME |
| To: | |
| Lohr, Edward M, FSME, 415-0253 | |
| Shared Package | |
| ML080860191 | List: |
| References | |
| EDATS: FSME-2008-0015 | |
| Download: ML080860389 (1) | |
Text
NOTICE OF RESOLUTION OF A PETITION FOR RULEMAKING (PRM) SIGNED BY EDO OFFICE OF FEDERAL AND STATE MATERIALS AND ENVIRONMENTAL MANAGEMENT PROGRAMS Notice of Resolution of Petition for Rulemaking Signed by EDO On April 30, 2008, the Executive Director for Operations resolved a petition for rulemaking submitted by the E. Russell Ritenour, Ph.D. on behalf of the American Association of Physicists in Medicine. The petitioner requested that NRC amend its regulations concerning 10 CFR 35.57 to recognize: (1) medical physicists certified by the American Board of Radiology (ABR) or the American Board of Medical Physics (ABMP) 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. These diplomates would be grandfathered as RSOs by virtue of certification providing the appropriate preceptor statement is submitted.
The petition was docketed as PRM-35-20. The petition was published in the Federal Register on November 1, 2006 (71 FR 64168), requesting comment for a 75-day period. 165 comment letters were received. The majority of the commenters supported the petition.
In resolving the petition, the NRC staff concluded that the issues raised in the petition will be considered in the rulemaking process in the following way. The NRC 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 NRC.
This notice informs the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed the Federal Register Notice resolving the petition and proposes to forward it on May 12, 2008, to the Office of the Federal Register for publication, unless otherwise directed by the Commission.
The petition resolution can be found in ADAMS at ML080860262.