ML20044C040
| ML20044C040 | |
| Person / Time | |
|---|---|
| Issue date: | 10/09/1992 |
| From: | Heltemes C NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Bernero R, Malsch M, Murley T NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML19339K284 | List: |
| References | |
| FRN-57FR57877, RULE-PR-20 AA38-2-1154, NUDOCS 9303170036 | |
| Download: ML20044C040 (1) | |
Text
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- s gq,hc g PPh OCT 9 1992 W
uppe pk MEMORANDUM FOR: - obertM.Bernero. Director,Nl$b" ge/29/fz lhomas E. Murley, Director. NRRTe vNanin G. Malsch, Deputy General Counse 6fb //jb' gg bJorLicensingandnoonlations.g___,aa.mery, m
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g.r FROM:
C. J. Heltemes, Jr., Deputy Director i
for Generic Issues and Rulemaking Office of Nuclear Regulatory Research
SUBJECT:
OFFICE CONCURRENCE IN FINAL AMENDMENT TO 10 CFR PART 20 REVISED STANDARDS FOR PROTECTION AGAINST RADIATION: MINOR AMENDMENTS I am requesting your concurrence in the enclosed memorandum to James M.
Taylor, Executive Director of Operations, who would approve publication of the subject final rule. This final rule is necessary to correct recently 2
discovered errors in the text of the revised standards and to conform portions of the regulatory text to the Commission's decision to defer mandatory implementation of the revised standards until 1994, and the recent OMB approval of the use of HRC Forms 4 and 5.
GCT 3 01992 If you have I would appreciate your concurrence by any questions concerning this request, please contact Alan Roecklein at 492-3740.
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gg C. J. Heltemes, Jr., Deputy Director
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for Generic Issues and Rulemaking Office of Nuclear Regulatory Research
Enclosure:
Memo /ESBeckjord to JMTaylor I
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R. M. Scroggins M. Lesar D. C. Williams, IG 1
Distribution:
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92 [E -3 p, cc) 10 CFR Part 20 5
RIN 31b0 - AA38 Revised Standards for Protection Against Radiation; Minor Amendments AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule: Minor corrective and conforming amendments.
SUMMARY
This final rule makes a number of minor corrective and conforming amendments to the NRC's revised standards for protection against radiation, The final rule is necessary to correct recently discovered errors in the text of the revised standards, to conform portions of regulatory text to the Commission's decision to defer mandatory implementation of the revised standards until 1994, and to reflect the recent OMB approval of the use of NRC Forms 4 and 5.
EFFECTIVE DATE:
(Upon publication).
FOR FURTHER INFORMATION CONTACT:
Alan Roecklein, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3740.
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I SUPPLEMENTARY INFORMAT10ft:
On May 21,1991 (56 FR 23360), the fluclear Regulatory Commission (NRC) published its revised standards for protection against radiation (10 CFR 20.1001 - 20.2401) and the associated appendices. The revised standards for protection against radiation incorporated scientific information and reflected changes in the basic philosophy of radiation protection that had occurred since the promulgation of the original regulations.
The revised standards for protection against radiation became effective on June 21, 1991.
However, NRC licensees were permitted to defer the mandatory implementation of these regulations until January 1,1993.
On December 3,1991 (56 FR 61352), the NRC published a final rule in the Federal Register that corrected a number of minor printing errors and omissions in the May, 21, 1991, final rule.
Since the publication of the December 3,1991, correction and the codification of the revised standards for protection against radiation in the 1992 revision of 10 CFR Cha'pter I, additional typographical errors and inadvertent omissions have been discovered in the revised standards for protection against radiation.
This amendment is necessary to correct these errors in the text of the revised standards for protection against radiation.
On August 26,1992 (57 FR 38588), the NRC published a final rule that extended the date by which NRC licensees are required to implement the revised standards for protection against radiation from January 1, 1993, until January 1, 1994.
This amendment also makes several conforming amendments to the text of the revised standards for protection against radiation that are necessary to reflect the new mandatory implementation date.
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The~ Nuclear Regulatory Commission.subm'itted the irformation collection j
requirements containe'd-in.this part and in NRC Forms 4 and 5 to the Office of' Management and' Budget (OMB) for approval as. required. by the Paperwork l
Reduction Act of 1980.
OMB has. approved the information: collection i
i requirements contained in Part 20 under control number 3150-0014 and feas approved the use of NRC Forms 4 and 5 under. control numbers _3150-0005 and 3150-0006. This final rule amends' s 20.1009 to reflect these approvals.
Explanation of Changes This final rule makes minor corrections and conforming changes for the' following reasons:
j In the s 20.1003 definition of dosimetry processor, the inadvertently repeated-parenthetical phrase "(H
.,o = I aH,,o)" is removed.
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The text of s 20.1009, Reporting, recording, and application requirements: OMB approval, is revised.to reflect recent OMB approvals.
In s 20.1202, several misprints in the subscripts are corrected.
In s 20.1302, the word " continually" is changed to. " continuously" to i
better reflect the intent of the provision that an individual would have to be present without interruption in an unrestricted area.
l In 6 20.1703, the word "are" is corrected.
j In s 20.1703, the acronym NIOSH is correcte'd.
In s 20.1703(d), the title of Regional Administrator.is corrected.
In s 20.2104, the word " lifetime" is deleted from the phrase
... lifetime cumulative radiation dose..." because it is redundant with 3
cumulative. and may' be misleading because the new rules do not include a
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lifetime dose limit.
In s 20.2104, paragraph (d) is revised't'o better explain the option of j
using a record of exposure history other than Form 4.
The amendment makes it clear that all of the information required on Form 4 would need to be in the optional record.
In 5 20.2104 (d), footnote 4, the first sentence is amended to make it j
t clearer that licensees do not have to partition doses received' prior to implementing the new Part' 20 into external dose equivalents and internal committed dose equivalents. Also, the phrase "...nccupational exposure I
histories obtained and recorded on f4RC Form 4 before January 1,1991, would not have included effective dose equivalent..." is changed to "...before i
January 1, 1994, might not...."
This is more accurate'since ifl licensees do not implement the new regulation until the mandatory compliance date of January 1,1994, they are not required to measure and record effective dose l
. equivalent.
In s 20.2202, the phrase "...five times the occupational annual limit on intake..." is amended by deleting the word " occupational" in order to avoid the implication that there is a "nonoccupational" or "public": Annual Limit on l
Intake (ALI).
In Appendix B to 59 20.1001 - 20.2401, in the paragraph under the heading " Introduction," language is added to make it clear that inhalation -
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retention classes (D,W,Y) apply only to the inhalation ALIs and DACs given in
-l Table 1, columns 2 and 3.
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In Appendix B, the seventh paragraph under the heading Table I
" Occupational" which begins " Note that the dose equivalents..." is deleted
.l because it was erroneously repeated. The same paragraph occurs as the fourth
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paragraph under the heading Table 1, " Occupational," where it is correct..
i In Appendix B, in the third paragraph under the heading Table 2, the-unit "ml" was omitted from the number 2.4 x 10'.
The unit is added.
In Appendix B, in the last paragraph under the heading Table 2, in the third sentence, the word "the" in the phrase "... presence of the one of the...
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is deleted, and the words "...as being present..." are deleted from the phrase
... excluded as being'present'either from...."
In Appendix F, III.B.5 and III.D.2., recordkeeping requirements are changed to "...until the license is terminated." This change was made to all recordkeeping requirements, and these two were inadvertently omitted. This change is consistent with the OMB approval.
i Administrative Procedures Act: Waiver Because these amendments make minor corrective and conforming changes to an existing regulation, the NRC has determined that good cause exists to dispense with the notice and comment provisions of the Administrative Procedure Act pursuant to 5 U.S.C. 553 (b)(B).
For the same reason, the NRC l
has determined that good cause exists to waive the 30-day deferred effective date provisions of the Administrative Procedures Act (5 U.S.C.553 (d)(3)).
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l Environmental Impact:
Categorical ~ Exclusion l
The NRC has determined that'this rule is the. type of action described in a
n categorical exclusion 10 CFR 51.22(c)(2).
Therefore,' neither an environmental j
impact statement nor an environmental assessment has. been prepared for this final rule.
d Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection-
.i requirement subject.to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et' q
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seq.).
Existing requirements were approved by the Office of Management and Budget, approval number 3150-0014..
j Regulatory Analysis l
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This final rule is administrative in that it corrects.and conforms the text of an existing regulation. These amendments will.not have a significant-j impact. Therefore, the NRC has not prepared a regulatory analysis for this final rule. The final regulatory analysis for the May 21, 1991, final rule examined the costs and benefits of the alternatives considered by the Commission in developing the revised standards for protection-against' i
radiation and is available for inspection in' the NRC Public Document Room,.
i 2120 L Street, NW. (Lower Level), Washington DC.
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Backfit Analysis i
i The NRC has determined that the backfit rule, 10 CFR'50.109, does not i
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apply to this final _ rule, and therefore, that a-backfit analysis is not P
required for this-final rule-because these amendments are administrative in nature and do not involve any provision which would impose backfits as defined -
p in 10 CFR 50.109(a)(1).
List of Subjects 10 CFR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear Materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting. and recordkeeping requirements, Special nuclear material, Source _ material, Waste treatment and' u
disposal.
For the reasons set out in the preamble and under the authority of'the f
Atomic Energy.Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following corrective and conforming amendments to 10 CFR Part 20.
PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION 1.
The authority citation for Part 20 continues to road in part as 1
follows:
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J AUTliORITY:
Sec. 161,.68 Stat. 948,.as amended (42 U.S.C;2201); Sec.
20'1,R88 Stat. 1242, as amended, (42 U.S.C. 5841) ***.
2.
The undesignated center heading directly preceding Subpart A (ss.
20.1001 - 20.1009) is revised to read as follows:
Regulations Mandatory as of January 1,1994, With Earlier Compliance Encouraged.
3.
In s.20.1003, the-term " Dosimetry processor" is revised to read as.
t follows:
s 20.1003 Definitions.
" Dosimetry processor" means an individual or organization that processes -
and evaluates individual monitoring equipment in order to determine the j
. radiation dose delivered to the equipment.
4.
Section 20.1009,'is revised to read as follows:
s 20.1009 Reportina, recordina, and application reauirements:
OMB approval (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management 'and Budget (OMB) for approval as required by the Paperwork Reduction Act' of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the information collection requirements contained in this part under control number 3150-0014.
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(b) The approved information collection requirements. contained in this part appear in ss-20.1101, 20.1202, 20.1204, 20.1206, 20.1301, 20.1501, 20.1601, 20.1703, 20.1901, 20.1902, 20.1904, 20.1906, 20.2002,.
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'20.2004, 20.2006, 20.2102, 20.2103, 20.2104,'20.2105',.20.2106, 20.2107, j
20.2108, 20.2110, 20.2'201, 20.2202, 20.2203, 20.2204,.20'.2206,.'and I
f Appendix F to 20.1001-20.'2401.
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I (c)
This part contains information collection -requirements in addition to those approved under the control number specified in paragraph (a) 'of this.
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section. These information_ collection re'quirements and the control numbers-under which they are approved are as follows:
(1)
In 5 20.2104, NRC Form 4 is approved under control number 3150.
0005.
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In 5 s 20.2106 and '20.2206, NRC Form 5 is approved under control i
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number 3150-0006.
5 20.1202 [ Amended]
5.
In s 20.1202(b)(3), footnote 1, the word " factors" is revised to read " factor,"; the phrase " committed dose equivalent, H,o," is revised to-read " committed dose equivalent, Hr,,,,"; the phrase " maximum. weighted value of-1 H " is revised to read " maximum weighted value of H,,o"; and the parenthetical 3
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"(i.e., w, H,,,,)" i s revi sed to read "(i.e., w,H,,o). "
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1 l 20.1302
[ Amended]
6.
In s 20.1302(b)(2)(ii), the word " continually" is revised to read
" continuously."
j 9 20.1703
[ Amended]
7.
In the first sentence of 9 20.1703(b)(1), "ae" is revised to read "are."
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8.
In s 20.1703(c), "N0lSH" is revised to read "NIOSH."
9.
In s 20.1703(d), the title of the addressee is changed from.
" Director" to " Regional Administrator."
s 20.2104
[ Amended]
10.
In s-20.2104, paragraphs (a)(2) and (c)(2) are amended by removing.
the word " lifetime," and paragraph (d) is revised to read as follows:
l s 20.2104 Determination of orior occupational dose.
(d) The licensee shall record the exposure history of each individual, A asrequiredbyparagraph(a)ofthissection,onNRCForm4,orotherclear[p,fM5E and legible record, including all of the information required byfForm 4'.'* **""
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The form or record must show each period in which the individual received occupational exposure to radiation or radioactive material and must be signed by the individual who received the exposure.
For each period for which the licensee obtains reports, the licensee shall use the dose shown in the report in preparing the NRC Form 4.
Foranyperiodinwhichthe.licenIeedoe' snot obtain a report, the licensee shall place a notation on the NRC Form 4 -
indicating the periods of time for which data are not a'vailable.
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' Licensees are not required to partition historical dose between t
external dose equivalent (s) and internal committed dose equivalent (s).
Further, occupational exposure histories obtained and recorded on. NRC Form 4 before January 1,1994, might not have included effective dose equivalent,.but may be used in the absence of specific information on the intake of radionuclides by the individual.
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' l' ~ 20. 2202. [ Amende'd]
j 11.
In s 20.2202(a)(2), the word " occupational" is removed.
Appendix B to ss 20.1001 - 20.2401 [ Amended]
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In Appendix B to ss 20.1001 - 20'.2401,- the paragraph under the heading " Introduction" is amended by adding the following sentence after the-
-l third sentence:
l "The class (D, W, or Y) given in the column headed " Class" applies only l
i to the inhalation ALIs and DACs given in Table 1, columns 2 and 3."
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13.
In Appendix B to ss 20.1001 - 20.2401, the seventh paragraph-i under the heading Table 1 " Occupational" which begins " Note that the dose j
equivalents..." is removed.
14.
In Appendix B to ss 20.1001:- 20.2401, in the second sentence of j
the third paragraph under the heading Table 2 which begins "The air (j
concentration values...," the unit "ml" is added after the number 2.4. x' 10*."
15.
In Appendix B to ss 20.1001 - 20.2401, the last sentence of the t
last paragraph under the heading Table.2 is, revised to read as follows:
"The limit for the unknown mixture is defined when the presence of one-j of the listed radionuclides cannot be. definitely excluded either.from -
I knowledge of the radionuclide composition of the source or from actual
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measurements."
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16.
In Appendix F to SS 20.1001-20.2401,Section III.B.S.
l the phrase ", and retain information from generator manifest l
l until disposition is authorized by the Commission; and" is revised to read ", and retain information from generator manifest f
until the license is terminated; and.
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y 17. Appendix f,Section III.D.2., is revised to read, " Maintain copies p."
.j g)N of all completed manifests or equivalent documentation until the license is I
terminated; og/
Dated at Rockville, Maryland, this
// day of 7,fAq
, 1992.
For the Nuclear Regulatory Commission.
J es M. Taylor /
xe tive Director for Operations.
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