ML20055C255

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Forwards Comments from Regions Re Proposed Rulemaking on Notification of Incidents (10CFR20.403).Div Would Like to Review Package for Final Concurrence After All Ofc Comments Incorporated.W/O Encl
ML20055C255
Person / Time
Issue date: 10/27/1989
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Morris B
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20055C192 List: ... further results
References
FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC-91-1-46, AC91-1-046, AC91-1-46, NUDOCS 8911300206
Download: ML20055C255 (19)


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MEMORANDUM FOR:

Bill M. Morris, Director Division of Regulatory Applications RES FROM:

Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety, NMSS

SUBJECT:

i PROPOSED RULEMAKING - NOTIFICATION OF i

INCIDENTS (10 CFR 20.403) i We have reviewed the proposed rulemaking transmitted by Dr. B i

on September 13, 1989 and obtained coments from the Regions.

The combined connents are marked on the enclosed copy. We understand that NRR conc with deleting $20.403(a)(3), (a)(4), (b)(3), and (b)(4), and that comme from othar offices are being incorporated.

We would like to review the package for final concurrence after all office comments are incorporat Richard E. Cunningham, Director t

Division of Industrial and Medical Nuclear Safety, NMSS

Enclosure:

As stated cc: JLieberman, OE TMurley, NRR EJordan, AE00 HDenton, GPA WParler, OGC DISTRIBUTION:

(NMSS89-508)

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i RUCLEAR REGULATORY COMIS$10N 10 CFR Part 20

'(

s Notifications Of Incidents AGENCY:

Nuclear Regulatory Cosmission.

i ACTION:

proposed rtJs.

SLM4ARY: The Nuclear Regulatory Comission (NRC) proposes to amend its regulations to revise licensee reporting requirements regarding the Notifications of Nonreactor Incidents relating to radiation safety.

Thir, action is needed to ensure that significant occurrences are promptly reported to NRC so that the agency

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can evaluate whether imediate action is required to protect the public health and safety.

DATE: The coment period expires

. Comments received a,fter this date will be considered if it is practical to do so, but l

the Cosmission is able to ensure consideration only for coments received on or before this date.

l l

ADDRESSES: Mail written comments to Secretary, U.S. Nuclear Regulatory Cosunission, Washington, DC 20555, Attention: Docketing Service Branch.

Deliver comments to One White Flint North,11555 Rockville Pike, Rockville. MD, between 7:30 a.m. and 4:15 p.m. on weekdays. Copies of the regulatory analysis, as well as copies of the coments received on the proposed rule, may be examined at the NRC Pubile Document Room, 2120 L Street NW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory L

Research, U.S. Nuclear Regulat y Consission, Washington, DC 20555, telephone (301)492-3795.

1

l SUPPt.D6ENTARY INFORMATION:

~~

===.

Background===

Regulation 7 in 10 CFR 20.403 (Notifications of Incidents) require that NRC licensees (r'EpYrl certain events involving byproduct, source, or spec meterial that *nuse or threaten to cause:

V" the exposure of the whole body to specific levels of radiation; the release of radioactive material in specific concentrations; the loss of use of facilities for a specific duration; or damage to property in excess of a specific dollar amount.

The events are to be reported either ismediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> depending on the nature and severity of the event as defined in i 20.403. NRC has become concerned that certain provisions of 620.403 need to be re. vised becauseAc sfes have not li been reporting certain significant events.p n.

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th '..are i.ei ie eite?, t.; ;le.14 7.e.e i = r

-- t d to "*C.

r In both cases, the licensee was cited for l' Of" 7.fte violations.

In one case, a fire destroyed a licensee's building that contained the licensee's moisture density gauge. Damage caused by the fire rendered the gauge unusable, although no radioactive material was released. NRC was not notifiedofthefigpc As a result, a potentially significant event was not presetly evalun ed,tc determine 9e Od:g:

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.f/.ff; r[$oublic health and safety.

HUREG 1198 (R lease of UF f a ruptured e inder) reports' lessons 6

learn from another ase where rupt e of a UF6y nder caused th death of c

one indi dual and inj d several oth s.

The invest ation reveale a prior **

event at an ther licensee site where, u er similar ci umstances, a linder bulged but di not rupture.

RC had not bee notified of t prior event The

' Lessons Learne

  • report rec nded that requ ements for re rting events should be reviewe to ensure that all potentia 11 significant e nts are reported to NRC.

It s important t t such events re ptly 50 the NRC can evaluate whethe prospt action is required to \\ ported pr rotect the p blic health and safety.

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s Discussion The existing reporting requiresents in 10 CFR 20.403 areJperty general.

More specific requirements are appropriate to reduce misunderstanding by i

licensees about the types of events that should be reported. The NRC staff has examined the provisions of i 20.403 and decided that revisions are appropriate to better describe reportable events having significant implications for pubite health and saf_ety.

In final form, this revision will also amend the major revision to part 20 currently under consideration by the Commission /c /c M The requirements in paragraphs 20.403 (a)(3), (a)(4), (b)(3), and dealing with loss of operation and damage to property areWeleted for

4. lee material licensees ant [because the staff believes these criteria are not 4

necessarily indicative of events that pose a hazard to public health and safety-d M

> or the environmenthThe period)llcygfjperati f g fac g due to age or s, 4 j normal wear is esp.asua y-m L...caldazard to the public or das k""'S *

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'^n ;; = it: Offnt n :./ licensed material.

replaced with new criteria which will be added to Parts 30, 40, a The j y staff believes the new requiremenW^

-- more indicative of n

potentially significant events affecting the health and safety of the public g

L and the environment. The Cosswission :;xtfix"y requests comments on the

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appropriateness of these amendments.

In order to more accurately assess the V'k/

impact of this proposed rulemaking, the Commission also requests spe:ific $V coseents on the number of reports that Ifeensees expect might be generated yearly.

The proposed asendments for Parts 30, 40, and 70 are identical.

The discussion that follows is, therefore, organized by the type of requirement rather than by the part of the regulation where it is found.

. Q.L d wa' din /,%Q period of four hours has been used to define the term "immediate notification" for material licenseesg This is consistent with some of the ismediate reporting requirements specified in i 50.72 for power reactors.

hours was used because manyV' material licensees do not have the c I 6,s mbded ht hesesees nch$ #e NRC / meJods as Pb seen as g m re case M >c A fe - 00 M " b A9-3 1

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s quickly assess _end respond to events that reactor licensees possess.

In addition, material Itcensees are usually not required to monitor operations as closely as do part 90 licenseesa bnally the degree of hazard posed by j

j nonreactor events is typically much smaller than the hazard by reactor events.

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MRC places the primary responsibility on the licensee for controlling and using licensed material safely.

Therefore, it is importent that NRC receive reports of events or conditions tMt t"-*e= th 5=?'l eM "*".; Of" _

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indivit:15 ":f ; Iterd :: trit! Ethat prevent 9e performance of surveys or other safety related duties necessary to maintain control of Iftensed material.

A reporting requirennt for these types of safety related events has been specifically included to clarify that such events must be reported.' The A sh i c.pmrM bulging of a tilled uranium hexafluoride cylinder may cau no injury, but if it threatens a release of licensed asterial that c individuals in the area and prevent corrective actions necessary to co

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mat 6 rial NRC must be aware of such occurrences so that it can respond Mr M appropriately, p mM GwJs-A new requirement is being added for licensees to report contamination events where access to an area must be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> because of contamination. This requirement is intended to capture an event which causes accidental contamination to an area which is in excess o radiological conditions normally present. k ;ff = t: ! = : t r ' = ti = = = 0;."

"N?se Hietir ::;=n ed ;M mE ef it;ntic; rdi::ctie: rtriei" If contamination is not cleaned up in a timely manner, personnel entering the area at a later date may receive unnecessary radiation exposure and risk spreading the contamination to themselves, othersgnd other areas.It is inportant that NRC receive notification of such events because NRC action may be necess ensure that decontamination and cleanup activities are performed in a timely Moreover, if contamination cannot be cleaned up within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the manner.

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matter may be significant and prompt NRC*f=;=tidmay be required.This P"5 "'

requirement is applicable to both the contamination of unrestricted areas where a restriction is imposed, and to restricted areas where additional restrictions 4

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are imposed.

For example, a radioactive waste container storage area is normally locked and restricted.

But a spill contaminating the floor that is not cleaned up ismediately would requirit workers to wear additional anti-contamination clothing and increase the risk of further spreading the contamination during future operations in the area.

This type of situation would be reportable under the revised regulation.

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equipment failure, equipment damage, etc.

Notification is not required for an,

J individual component failure if redundant %;;;= r: eper:bYand see\\ambs avMG perfo he required function.

Such events must be evaluated to determine where ts changes and improvements are required.gf the interlock on a shielded irradiator -

chas6er door malfunctions, the door could be opened when a source containing

.,4 several thousand curies is exposed, resulting in an individual receiving a is w h large radf ation dose in a very short time.

NRC action may b4 necessary to warnpfwl m other licensees of generic safety problems and to specify additional controls p,.sy, g (2)(w).

to protect occupational workers and the puolic.

Persem d T m Gv u tg -

A requirement has been added for licensees to report events that require medical treatment of a radioactively contaminated individual at a medical facility. Such events are highly significant because they! (1) indicate safety

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problems in a licensed operation,(2) risk internal contamination through open wounds, andh) expose sedical personnel to radiation and contamination. An #- q y,ty,

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requirement is worded to avoid any reference to transporting the individual to jfh' ensure that events of this type occurring in medical facilities where no p@ 3, n transportation is required are not excluded.

To avoid numerous reports of (v).

insignificant events such as a medical technician puncturing a hand with a syringe containing a radiopharmaceutical, a note is added to clarify that a notification is not required if first aid for a superficial injury is the only g

treatment rendered.

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$d A new requirement has been added to report all fires ' ::5':;%ny device,.,

container, or eqiipment containing licensed material to ensure such events are promptly evaluated to minisin any spread of contamination and de performance of features designed to control licensed material.

Fires +t ;;h':;'-

Mdamaging Itcensed material are of particular significance becauseF e 'in *can cause material in sealed sources to be rele& sed, generate airborne radioactive contaminatiegnd generate contaminated runoff from water used to extinguish *--Mns.

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Environmental Impact:

Categorical Exclusion i

The NRC has determined that the proposed regulations are the type of action described in the categorical exclusion 10 CFR 51.22 (c)(3)(iii).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.

Paper Work Reduction Act Statement The proposed rule t. sends information collection requirements that are subject to.the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).This proposed rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.

Public reporting burden for this collection of information is estimated to average two hours per response, including the time for reviewing instructions, I

searching existing data sources, gathering and maintaining the data needed,' and completing and reviewing the collection of information.

Send connents regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Records and Reports Management Branch, Division of Information Support Services /IRM, Office of Information Resources Management, U.S. Nuclear Regulatory Connission, Washington, DC 20555; and to the Office Of Management and Budget Paperwork ReductionProject(3150-0014), Washington, DC 20503.

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i Regulatory Analysis J

The Cosmission has prepared a draft regulatory analysis on this proposed regulation.

The analysis examines the costs and benefits of the alternatives j

considered by the Comission.

The draft analysis is available for inspection in the NRC Public Document Room 2120 L Street NW., Washington, DC.Single copies of the draft analysis may be obtained from Joseph J. Mate, telephone (301)492-3795.

The Comission requests public coment on the draft regulatory analysis.

Coments on the draft analysis may be submitted to the NRP as indicated under the ADDRESSES headine.

Regulatory Flexibility Certification Based upon the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act, 5 U.S.C.

605(b), the Consission certifies that, if promulgated, this rule will not have

([, c, a significant economic impact upon a substan The CFRhct G.* The licenses are issued to academic institutions, sedical institutions, and industrial entities.

The proposed rule is befr,g issued inal cla.n i

order to reduce misunderstandings by material licensees *d=t the#ypes of

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events tu t r f N e reported to hRC.

No reporting is required by Itcensees ur.less they have an incident involving licensed material that meets the requirements specified in the proposed amendments.

Since the revised reporting requirements are essentially the same as the current reporting requirements, the impact on licensees should be minimal.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.1r9, does not apply to this proposed rule and therefore a backfit analysis is not required because these proposed amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109 (a)(1).

7

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_ List of Subjects in 10 CFR Part 20, 30, 40, and 70 10 CFR PART 20:

Byproduct material, Licensed veterial, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and cont penalty, Radiation protection Reporting and recordkeeping requirements, Special nuclear material, source material, and Waste treatment and disposal.

10 CFR PART 30:

Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.

10 CFR PART 40:

Government contracts, Hazardous materials-transportation. Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material and uranium.

10 CFR PART 70:

Hazardous materials-transportation, Nuclear materials, Packaging and

catalurf, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, and Special nuclear material.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 19 as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 20, 30, 40, and 70:

PART 20 - $TANDARDS FOR PROTECTION AGAINST RADIATION.

1.

The authority citation for Part 20 continues to read as follows:

AUTHORITY:

Secs. 53, 63, 65, 81,103,104,161, 68 Stat. 930, 933, 935, 936, 937, 948, as amended (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201);

secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244,1246(42 l

U.S.C. 5841, 5842, 5846).

8 a

Section 20.408 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat,.

2232, 2241 (42T.5.C.10155,10161). For the purposes of sec. 223, 68 Stat.

958, as amended (42 4 5.C. 2273); il 20.101, 20.102, 20.103(a), (b), and (f),

20.104(a) and (b), 20.10$(b), 20.106(a), 20.201, 20.202(a), 20.205, 20.207,

)

20.301, 20.303, 20.304, and 20.305 are issued under sec.161b, 68 Stat. 948, as

, amended (42 U.S.C. 2201 (b)); and il 20.102,20.103(e),20.401-20.407, 20.408(b), and 20.409 are issued under sec. 1610,68 Stat.950,asamended(42 U.S.C.2201(o)).

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2.

In l 20.403 paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) are revised.

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l 20.403 Notifications of Incidents, g

g '[)T ngg NAc 4 meads usig W en(ena. m GM a)(3) a loss of one working week or more of'the operation of av f p# e' facilities affected (note:

does not apply to,Micensees); or jsp fh,+ so, e er yo f

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(a)(4) damage to property in excess of $200,000.

(note: does not apply E

F to M icensees) hf'.

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. a NRc 4 mcJuk u5 (b)(3) a loss of one day or more of the operation of any facilities affected (note: does not apply tc estop 4e/ licensees); or fha 50,40 c,e To (b)(4) damage to property in excess of $2,000.

(note: does not apply to M 11censees).

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-es 3o,4occTo PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICE MATERIAL 3.

The authority citation for Part 30 continues to read as follows:

AUTHORITY:

Secs. 81.82,161,182,183,186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 1

9

)

i 2232, 2233, 2236', 2?87); secs. 201, as amended, 202, 20E, 88 Stat.12#P as amended. 1244,1246 (42 P.S.C. 58#1, 58#2, 5846).

Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. ?951 l

(42U.S.C.5851). Section 30.34 (b) also issued under sec.184, 68, Stat. 9?4, as amended (82 U.S.C. 2234). Section 30.61 also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

l il 30.3, 30.34(b) and (c), 30.41(a) and (c), and 30.53 are issued under sec.

l 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)): and il 30.6, 30.9, 30.36, 30.51, 30.52, 30.55, and 30.56(b) and (c) are issued under sec. 1610, 68 Stat.

950, as amended (42 U.S.C. 2201(o)).

4.

A new 130.50 is added to read as follows:

I 30.50 Notification Requirements.

as soon as res Mj g,

m (a) Innediate notification.

Each licensee shall notify the NRC within four hours after the discovery of the following event involving licensed material:

(1) Any event or condition the rect: 0 threat te the S:!th and~ sf t;; Of%.qkJns tenonnah.f t; 1?cesed materiaMthat prevents *the performance of duties to f'*"*

necessary to maintain and verify control of licensed material (includes fires, toxic gas releases,L ca::)tte -e1eete9 en.p4ewns Pedk (b) Twenty-fourhournotification.

Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving licensed material:

(1) Any contamination event that results in restriction of access to the contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

(2)Anyevent.

Jece emme.rb avessq 6 preene on+retted n

-8e; ->;eWnt tht prn::ted er : eld b=: prennted th t kif ti1=;t Of tb ::fety fout40n-of-etevett:ees-er ;y;tn.. n::d:d te controF-releases of radioactive material, to prevent Mo radiation, or to overerpcms 10

4 is d,te_Re) cc k(s de behen as designe, mitigate the _ consequences of an accident (e g fincludes procedural errors, equipment failure,+ equipment damah Notification is not required for

,an individual component failure if redundant. ;;;;t: : s e :;:rchi d nd d h perfors$he required function.

  • t"Pt 6 amW (3) Any event that requires medical treatment of a radioactively contaminated t

individual at a medical facility. Notification is not required if first aid for a superficial injury is the only treatment rendered.

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' ; 2. damaging any licensed material, or any device, (4)Anyfire':

container, or equipment containing licensed material.

(c) Preparation and submission of reports.

Reports filed with the Connission pursuant to this section shall be prepared so that the names of* individuals who have received exposure to radiation will be stated in a separate part of the repurt.

Reports made by licensees in response to the requirements of this section must be made as follows:

(-1) 1.';;ae;;;-tht b:; :: ks,t*Mee-E=r;; :c; ":tification-Syf;;; :M11 =h

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(M (2) Ali :th[ticensees shall make reports required by per graphs (

of this section by telephone to the PRC Operations Cente af te t:?:grir,*

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f this p f To the extent that the information n.'

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is available at the time of notification, the information provided in such l

reports shall include:

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(1) the caller's name and call back telephone number, (11) a description of the event, including date and time, i

The commercial telephone number for the NRC Operations Center is (202)951-0550.

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(iii)_the exact location of the event.

(iv) the isotopes, quantities, and chemical / physical form of the licensed material involved, and (v) any personnel radiation exposure data available.

(f)

Thirty-day followup written report.

In addition to the notifications required by this Part, sach licensee who makes a report required by par (a) or (b) of this sectt'on sh611 make a followup report in writing within 30 days of the initial report.

These written reports shall be sent to the U.S.

Nuclear Regulatory Commission, Document Control Desk, Washington with a copy to the appropriate NRC Regional office listed in Appendix 0 of 10 CFR Part 20.

The reports shall include the following:

(1) a description of the event including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned, (ii) the exact location of the event.

(iii) the isotopes, quantities and chemical / physical form of the licensed material involved.

(iv) date and time of the event,

"(v) corrective actions taken or planned and the results of any evaluations or assessments, and (vi) the extent of exposure of individuals to radiation or to radioactive materials.

PART 40 - DOMESTIC LICENSING 0F SOURCE MATERIAL 5.

The authority citation for Part 40 continues to read as follows:

AUTHORITY:

Secs. 62, 63, 64, 65, 81,161,182,183,186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs.11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 22 2282); sec. 274, Pub. L. 86 373, 73 Stat. 688 (42 U.S.C. 2021); secs. 20 amended. 202, 206, 88 Stat.1242, as amended,

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5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.1244,1246 (42 U.S.C.2022).97-415,96 Stat.2067(42 12

i Section 40,1 also issued under Pub. L.95-601, sec.10, 92 Stat U.S.C. 5841) Section 40.11(g) also issued under sec.122, 68 Stat. 9 U.S.C. 2152).

Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234).

955 (42 U.S.C. 2237).

Section 40.71 also issued under sec.187, 68 Stat.

For the purposes of sec. 223, 68 Stat. 958, as amended (42 il 40.3, 40.25(d)(1)-(3), 40.35(a)-(d), 40.41(b) and (c), 40.46, 40.5 (c), and 40.63 are issued under sec.161b, 68 Stat. 948, as amen 2201(b));andil 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e) 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

6.

A new I 40.60 is added to read as follows:

4 40.60 Notification Requirements.

C.as m as ?*

(a) Immediate notification.

a A m w f cs w Each licensee shall notify the NRC"within four hours after discovery of the following event involving licensed materi i

(1) Any event or condition 05:0 p:n: e threet t: tre heelth :d safe peass ::1 s*i ; !?r:=d ::t:

! : # at preventshthe performance of duties " P " " "

th o,, o. A s necessary to maintain and verify control of licensed material (includes fire toxic gas releases, edi;;;th: retrn:,Ietc.).

i o de m Y (b) Twenty-four hour notification.

Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving i

material:

d (1) Any contamination event that results in[ restriction of ac contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, wkus eg pas nuew

<..in

  • ., gg g;.; egimet tht ;- y y 4 pnws mkl\\ed (2) Any event r =r:te

-W er : e?d 5: pr;;;;;;d tre"-

g f,,,4$, ef 3g.e:

Woe-systeneMwcontrM releases of radioactive material, to prevent gto radiation, or to i

' %,c s es aitigate the consequences of an accident ((%g,{ includes p n MJ er (ids 6 L +tm 45 cb ned q

13

equipment failutt,%ipment damage

. Notification is not required for' -

an individual component failure if redundantp,et:n :n :;:rd!And Mble to perfom the regulPed function.

'~T' (3) An event that requires medical treatment of a radioactively contaminated i

individual at a medical facility.

l Notification is not required if first aid q for a superficial injury is the only treatment rendered. d.'a acesse mabep er exkse mdtcu htg i

(4) Any fire 'r&':; :/ damaging any licensed material, or any device, container, or equipment containing licensed material, (c) Preparation and submission of reports.

Reports filed with the Commission pursuant to this section shall be prepared so that the names ofFindividuals who have received exposure to radiation will be stated in a separate part of the report.

Reports made by licensees in response to the requirements of this section aust be made as follows:

)

(1) '.' e rn tMt t=: = h;;11G T ;p ; Stifinttr. 0,e;

.; 11 6

  • MJ i

r;;;": n;;'nd b; ;;n;n;t: ( ) Md (t) ef eh n:tur,.;, t!gt:n u ;L ^

M ; 4. 0%;; Oestr. 1 y

i

^?? Oth:bcensees shall make reports required byggraph (f) of this section by telephone to the NRC Operations Center-hd by te'e: r,3-t #h

-^f'; r, ;7 f:nt:ith 0; th attutr.ter :f th :;;nprut 50..;tn! ^

[g u.

effic lu t: t.t;;-* D f thu ?? tf To the extent that the information is available at the time of notification, the information provided in such l

reports shall include:

1 (i) the caller's name and call back telephone nuder, (11) a description of the event, including date and time, The cosmercial telephone nuder for the NRC Operations Center is (202)951-0550, 14

Q,,

(iii) the exact location of the event.

(iv)lhe isotopes, quantities, and chemical / physical form of the

-licensed material involved, and (v) any personnel radiation exposure data available.

Thirty-day followup written report.

In addition to the notifications required by this Part, each licensee who makes a report required by paragraph (a) or (b) of this section shall make a followup report in wHting within 30 days of the initial report.

These written reports shall be sent to the U.S.

Nuclear Regulatory Coonission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix 0 of 10 CFR Part 20. The reports shall include the following:

(1) a description of the event including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned.

(ii) the exact location of the event, (iii) the isotopes, quantities and chemical / physical for of the

,,1icensed material involved.

- gh J44 d fune. M e d; (v) ' corrective actions taker or planned and the results of any evaluations cr assessmemt, and (vi) the extent of exposure of individuals to radiation or to radioactive materials.

PART 70 DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL 7.

The authority citation for Part 70 continues to read as follows:-

AtJTHORITY:

Secs. 51, 53,161,182,183, 68, Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as amended.

1244,1245,1246, (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued under secs. 135,141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.10155,10161). Section 70.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).

Section 15

I I

l l

70.31 also issued under. sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.

2077).

Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

I For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

il 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b),

70.32(a)(3), (5), (6), (d), and (1), 70.36, 70.39(b) and (c) 70.41(a),

70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il 70.7, 70.20a(a) and (d), 70.20b(c) and (e), 70.21(c), 70.24(b) 70.32(a)(6),

(c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g) (3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42U.S.C.2201(1));andil70.5,70.9,70.20b(d)and(e), 70.38, 70.51(b) and (1), 70.52, 70.33, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and(c)areissuedundersec. 1610, 68 Stat. 950, as amended (42 U.S.C.

2201(c)).

8.

A new I 70.50 is added to read as follows:

I 70.50 Notification Requirements, as p as possM* >

t.d in aag stse (a)Immediatenotification.

Each licensee shall notify the NRC within four hours after discovery of any of the following events involving Itcensed material:

(1) Any event or condition th:t pr (

thrr t te tiej egith-e ' ::f:t; cf 4 4 m.J u s p-r---! = g u,----2 _.. "' "that preventskthe performance of duties

  • P "

'necessary to maintain and verify control of licensed material (i ncludes fires, toxic gas releases, r:di:rtte - 're==.Ietc.).

eqAewah (b) Twenty-four hour notification.

Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the dN )very of any of the following events involving licensed material:

j I

09 (1) Aq contamination event that results in restriction of access to the contaminated area by workers or the public for sore tbn 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

ei e,et ne<<q b ruu6 uan4reRed

-where

~

g l

(2) Av event x:::r':; :;;i;nrt tht ; n::ted Or :::1d M:: prn ::ted th

  • l f*M+1 x;t of th ::f: ; fs;th; ef ;ta: ten: ^= ey:tx :::d:d t: :=tal*

releases of radioactive material, to prevent exposure to radiation, or to l

,s d w.blet mitigate the consequences of an accident *(Mincludes procedural errors, ev Ckh l

equipment failure,* equipment damage,M).

Notification is not required for Leh*" 'd i an individual component failure if redundant Oy t:x em : rd![and eMble 'N

to perform the required function.

St r t e d '5 ' W'" N E l

(3) An event that requires medical treatment of a radioactively contaminated

[

individual at a medical facility.

Notification is not required if first aid for a superficial injury is the only treatment rendered, at

a. hcema

,u,n% <L enel,od M l

cw-u.pewn 1

(4) Aq fire knht; [ damaging any licensed material, or any device, l

container, or equipment containing licensed material.

(c) Preparation and submission of reports.

Reports filed with the Cosmission ew pursuant to this section shall be prepared so that the names off ndividuals who i

have received exposure to radiation will be stated in a separate part of the report. Reports made by licensees in response to the requirements of this section must be made as follows:

P) Lt::r= the!' eb reperte rr;9ed by pengr:ph (:) : d (t) f thh* ME /

s-eti^= by teh;her te th EC Operat4cas.CenteN-gef (1) (") A;I e?:heensees shall make reports required by

,agraphs (a) and (b) of this section by telephone to the NRC Operations Cent

=f by t:h;n, L 7

t%ce wal siler:, er fenh0h to th ethhtreter ef tL.ppr;prht: PPI r;;ier:1 ' gg, m,

cffhe !Mted 9 ^.;;rdh 0 of tM: ; rd To the extent that the information is available at the time of notification, the information provided shall include:

The commercial telephone number for the NRC Operations Center is (202)951-0550.

17

s y

(1)

(ii) _the caller's name and call back telephone number,'-

a description of the event,, including date and time, (iii) the exact location of the event, (iv) the isotopes, quantities, and chemical / physical form of the licensed material involved, and (v) any personnel radiation exposure data available.

(

(i)

Thirty-day followup written report.

In addition to the notifications required by this Part, each licensee who nakes a report required by par (a) or (b) of this section shall make a followup report in writing within 30 days of the initial report.

These written reports shall be sent to the U.S.

Nuclear Regulatory Commission, Document Centrol Desk, Washington with a copy to the appropriate NRC Regional office listed in Appendix D of 1 CFA Pt.rt 20.

The reports shall include the following:

(1) a description of the event including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned.

(ii) the exact location of the event, (iii) the isotopes, quantities and chemical / physical for of the licensed material involved, i

(iv) date and time of the event, (v) corrective actions taken or planned and the results of any evaluations or assessments, and (vi) the extent of exposure of individuals to radiation or to radioactive materials.

Dated at Rockville, Maryland, this_

day of

, 1989.

For the Nuclear Regulatory Comission.

James M. Taylor Acting Executive Director j

for Operations 18

.