ML20055D447
| ML20055D447 | |
| Person / Time | |
|---|---|
| Issue date: | 12/22/1989 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20055C192 | List:
|
| References | |
| FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-049, AC91-1-49, NUDOCS 9007060313 | |
| Download: ML20055D447 (22) | |
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UNITED STATES g
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8 NUCLEAR REGULATORY COMMISSION n
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DEC 2 31989 sy MEMORANDUM FOR: Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM:
Patricia G. Norry Director Office of Administration
SUBJECT:
OFFICE CONCURRENCE: PROPOSED RULE ON NOTIFICATION OF INCIDENTS The Office of Administration concurs in the proposed rule that would require i
material licensees to notify the NRC promptly regarding incidents related to radiation safety. We have enclosed a marked-up copy of the proposed rule that presents a few editorial and format corrections. These changes should be made before the rule is submitted for signature and publication in the Federal Register.
You should coordinate the issues regarding compliance with the Paperwork Reduction Act for this rule with the Information and Records Management Branch of the Office of Information Resources Management. The Information and Records Management Branch has informed our office that the rule is on hold and may not be released for publication until the package requesting reviewandapgMB.roval by the Office of Management and Budget (OMB) has been submitted to If you have any questions concerning these comments, please have a member of your staff contact Michael T. Lesar on extension 27758 or Alzonia W.
Shepard on extension 27651.
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, h' bt-v PatriciaG.Norry,DirectoN Office of Administration
Enclosure:
As stated g70g313900626 20 55FR19890 PDR g
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r NUCLEAR REGULATORY COMMISSION l
10 CFR Parts 20, 30, 40, and 70 RIN: 3150 - AC g1 Notifications of Incidents AGENCY: Nuclear Regulatory Commission.
ACTION: Pmposed rule.
SUMMARY
- The Nuclear Regulatory Comission (NRC) pmposes to amend its i
. regulations to revise licensee reporting requirements regarding the notifications of incidents related to radiation safety. This action is needed to ensure that significant occurrences at material licensee facilities are promptly reported to NRC so that the Ccanission can evaluate whether immedic'.a action is required to protect the public health and safety.
DATE: The comment period expires 75 days after publication. Comments received
,ah afterthisdatewillbeconsideredifitispractich/todoso,butthestaff is able to ensure consideration only for comments received on or before this date.
ADDRESSES: Mail written coments to the Secretary, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docketing and Service Branch.
Coments may be delivered 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 comments Mceived on the proposed rule, may be examined at the NRC Public Document Room, 2120 L Street Ng(Lower LevehWashington,DC.
FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comission, Washington, DC 20555, telephone (301)492-3)95.
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SUPPLEMENTARY INFORMATION:
Background
Current regulations requirt that NRC licensees promptly report certain Gwents involving byproduct, source, or special nuclear material that cause or threaten to cause 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 I
excess of a specific dollar amount. The events are to be reported either immediately or within 24 hoeas, depending on the nature and severity of the cvent as defined in i 20.403. NRC has become concerned that certain provisions of 5 20.403 need to be revised because licensees have not been reporting certain significant events. Two examples of events that were not reported are shown below.
In both cases; the licensee was cited for violations.
In one case, a fire destroyed a material licensee's building that contained the licensee's moisture density gauge. Damage caused by the fire vindered the gauge unusable, although no radioactive material was released.
NRC was not notified of the fire. As.a result, a potentially significant event was not promptly evaluated by NRC to determine whether the damaged gauge might present a hazard to public health and safety.
In a second case at a licensee's site, a uranium hexafluoride cylinder bulged but did not rupture. The event was not reported to NRC. Again, this meant that NRC was not able to promptly evaluate the potential hazard associated with the incident. After this incident, a uranium hexafluoride cylinder in a similar situation did rupture, causing one death and several injuries.
Discussion The existing reporting requirements in 10 CFR 20.403 are rather general.
More specific requirements are needed to reduce misunderstanding by licensees about the types of events that should be reported. The NRC staff has examined the provisions of 5 20.403 and decided that revisions are appropriate to better o'escribe reportable events having significant implications for public health
and safety.
In final form, this rule will also amend the major revision to Part 20 currently under consideration by the Commission (El FR 1092).
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The requirements paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) of f 20.403 that deal with loss of operation and damage to property are being deleted because the staff believes these criteria are no longer indicative of e, vents that pose a hazard to pubite health and safety or the environment. For example, the periodic loss of operation of a facility because of age or normal wear is not necessarily related to any potential hazard to the public cr cnvironment. The same is true for the cost of repairing damage, which may be high for reasons unrelated to any potential radiation hazard associated with Itcensed material. The deleted sections are being replaced with new criteria '
that will be added to Parts 30, 40, and 70. Critergfgrnuclearpower reactors are already contained in i 50.72 of 10 CFR 50. The staff believes the 3
new requirements to be added to Parts 30, 40, and 70 will be more indicative of potentially significant events affecting the health and safety of the public and the environment.
l The intent of these amendments is to require prompt notification to the NRC of events that would require prompt action by the NRC to protect public health and safety.or the environment. Prompt NRC actions may include evaluating the potential hazards and corrective actions being taken, issuing immediate warnings of generic hazards to appropriate organizations, activating the NRC incident response center, or dispatching a response team to the site of the event.
The NRC specifically requests public connents on (1) the appropriateness of these amendments, (2) the number of reports that licensees expect might be generated yearly, (3) how to minimize reports of events that do not require a prompt NRC response without excluding any events that do require prompt NRC actions, and (4) events that would require prompt NRC actions but are not covered under the proposed amendments, and how to include these events in notification requirements.
The proposed amendments 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. The amendments
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4 discussed below do not apply to commercial power reactor licensees under 10 CFR Part 50.
Definition of Immediate Notification A period of four hours would be used to define the term "immediate, notification" for material licensees.
It is intended that If censees will notify the NRC of incidents as soon as possible, but in no case later than four hours after discovery. This is consistent with some of the immediate reporting requirements specified in i 50.72 for power reacters.
Four hours was used because many smaller material licensees do not have the capability to quickly assess and respond to events that reactor licensees possess and because 'the degree of hazard posed by nonreactor events is typically much smaller than the hazard posed by reactor events.
Worker Safety-Related Events NRC places the primary responsibility on the licensee for controlling and using licensed material safely. Therefore, it is important that NRC receive reports of e' e..ts or conditions that prevent or threaten to prevent the performance of surveys or other safety-related duties necessary to maintain control of licensed material. A reporting requirement for these types of safety-related events has been specifically included to clarify that these events must be reported. A similar requirement is currently specified in 10 CFR 50.72(b)(1)(vi) for reactor licensees. An example of an incident that should be reported is the bulging of a filled uranium hexafluoride cylinder.
This incident nay cause miniral damage and no injury, but if it threatens i release of licensed material that could injure individuals in the area and prevent corrective actions necessary to control the material, NRC rust be aware of the situation so that it can respond appropriately.
Prompt notification is required only if events or conditions threaten an immediate disabling injury or threaten to prevent immediate
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- protective actions necessary to protect the public or the environment. For oxample, prompt NRC notification is not reggired if crumbling insulation is l
.g exposing licensee personnel to airborne asbestos fibers. Although the-condition threatens the hsalth of the workers, it does not threaten an ismediate disabling injury or threaten to prevent immediate actions necessary to maintain and verify control of licensed material.
lontaminationEvents A new nyutrement would be added for licensees to report contamination events if access to en ara ate be resteicted 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. iMs requirement is intended to capture an event that causes accidental contamination in excess of the radiological conditions normally present in an sesa. If contamination is not cleaned up in a timely menner, personnel entering the area may receive unnecessary radiation' exposure and may spread the contamination to themselves, others, or other areas..It is important that NRC receive notification of these events be'cause NRC action may be necessary to ensure that decontamination and cleanup activities are performed
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in a timely manner. 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 matter may be significant and may require prompt NRC on-site presence. This requirement is applicable to both unrestricted and restricted areas. For example, a radioactive waste container storage area is normally locked and restricted. A spill that contaminated the floor and was not cleaned up immediately would require workers to wear additional anti-contamination clothing and would increase the risk of spreading the contamination during operations in the area. This type of situation would be reportab'e'under the revised regulation.
Safety System Related Events i
A new reporting requiretaent would Le added for licensees to report events in which equipment nece sary to prevent uncontrolled releases of radioactive
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4 material, to prevent overexposure to radiation, or to raitigate the consequences il of an accident is disabled or fails to function as designed. This notification requirement encompasses procedural errors, equipment failure, and equipment p
damage. Notification is not required for an individual component failure if redundant equipment is available and is able to perform the required function.
These events must be evaluated to determine what changes and improvements are needed. A similar requirement is currently specified in 10 CFR 50.72(b)(2)(iii) for reactor licensees. An example of a reportable event is a malfunctioning interlock on a shielded irradiator chamber door -- the door could be opened while a source containing several thousand curies is exposed, resulting in a person receiving a large radiation dose in a very short time. NRC action may be necessary to warn other licensees of generic safety problems or to specify additional controls to protect occupational workers and the public.
The NRC does not want to receiv,e reports of events with little safety significance that don't require an NRC response. For example, a radiographer may crank the source out of his radiography camera and the'n discover that his survey meter is inoperable because the battery just went dead. Without an operable survey meter, the radiographer can't verify that the source is safely within the shielded camera after cranking it back. If another operable survey meter is available or a spare battery is available and the camera is imediately surveyed to verify the radiation levels, NRC notification of the survey meter failure isn't required by the proposed amendments. However, if redundant equipment is not available, prompt NRC notification is required because prompt NRC action is needed to ensure that appropriate steps are taken to restrict the area and verify the location of the source.
Personal Injury Events A requirement would be added for licensees to report events that require medical treatment of a radioactively contaminated individual at a medical facility. These events are highly significant because they may (1) indicate safety problems in a licensed operation, (2) risk internal contamination through open wounds, and (3) expose medical personnel to radiation and contamination. A
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similarrequirementiscurrentlyspecifiedin10CFR50.72(b)(2)(v). This l
requirement is worded to avoid any reference to transporting the individual to ensure that events of this type occurring in medical facilities where no transportation is required are not excluded. To avoid numemus nports of insignificant events such as a medical technician puncturing a hand with a syringe containing a radiopharmaceutical, a note is added to clarify that a l
notification is not required if first aid for a. superficial injury at a' licensee-maintained medical facility is the only treatment rendered.
Fires and Explosions A new requirement would be added to report all fires and e glosions damaging licensed material or any device, container, or equipment c0ntaining licensed material.
These events must be evaluated promptly to minimi7e any spread of contamination and to determine the performance of featums designed to control licensed material. Fires or explosions damaging licensed material are of particular significance because they can cause material in sealed sources to be released, generate airborne radioactive contamination, and generate contaminated runoff from water used to extinguish fires.
Environmental Impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action describedasacategoricalexclusionin10CFR51.22(c)(3)(iii). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
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i Paperwork Reduction Act Statement The proposed rule amends information collection reqwirements 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 Nanagement and Budget for review and approval of the paperwork.requimments.
Public reporting burden for this collection of information is estimated to average two hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of infomation, including suggestions for reducing this burden, % the Information and Records knagement Branch (P-530), U.S. Nuclear Regulatcry Commission, Washington, DC 20555; and to the Papetwork Reduction Project-(3150-0014),
Office of Management and Budget, Washington, DC 20503.
Regulatory Analysis The Commission has prepamd a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is available for inspection _ g g/]
in the NRC Public Document Room, 2120 L Street NW.l, Washington, DC. Single copies of the draft analysis may be obtained from Joseph J. Mate, telephone (301)492-3795. The Commission requests public comments on the draft regulatory analysis. Ccmments on the draft analyr's may be submitted to the NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Certification Based on the infomation available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act, 5 U.S.C.
605(b), the Commission certifies that, if promulgated, this rule will not have a significant economic impact on a substantial number of small entities. The
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l proposed rule affects approximately 9,100 licensees sonitored by NRC under 10
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CFR Parts 30, 40, and 70. The licenses are issued to academic institutions, medical institutions, and industrial entities. The proposed rule is being issued in order to reduce misunderstandings by saterial licensees and to b
clarify the types of events that must be reported to NRC. No report would be required of licensees unless there is an incident involving licensed saterial that meets the requirements specified in the proposed amendsents. Since the revised reporting requirements are essentially the same as the current j
reporting requirements, the impact on licensees should be minimal.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not' apply to this proposed rule and therefore a backfit analysis is not required p 3^N because the amendments that apply to power reactors (deletion of OctMitr'~
(a)(3), (a)(4), (b)(3), and (b)(4) cf 10 CS 00.40Qnvolve onb a relaxation of requirements.
(See Memorandum from M.G. Malsch, OGC, fo Commissioner Asselstine, January 23,1986.)
5 List of Subjects in 10 CFR Part 20, 30, 40, and 70 g
10 CFR PART 20 Byproduct material, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, m3 Special nuclear material, Source material, 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 ranium.
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10 CFR PART 70 Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
s For the reasons set out in the preamble and under the authorf ty of' the Atomic Energy Act of 1954, as amended, the Energy Reorganizatfon Act of 1974, 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 - STANDARDS 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, asamended(42U.S.C.2073,2093,2095,2111,2133,2134,2201);
secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244,1246(42 U.S.C.5841,5842,5846).
Section 20.408 also issued under secs. 135, 141 Pub. L.97-425, 96 Stat.
2232,2241.(42U.S.C.10155,10161).
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~% For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); li Y
20.101, 20.102, 20.103(a), (b), and (f): 20.104(a) and (b), 20.105(b),
-l 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));.andil 20.102, 20.103(e), 20.401-20.407, 20.408(b), and 20.409 are issued under sec.161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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In 5 20.403 paragraphs (a)(3),(a)(4),(b)(3),and(b)(4)areremoved.
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PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL l
3.
The authority citation for Part 30 continoes 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, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat.1242. as amended, 1244,1246(42U.S.C.5841,5842,5846),
t Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42U.S.C.5851). Section 30.34(b) also issued under sec.184, 68, Stat. 954, asamended(42U.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);
50 30.3, 30.34(b)(c) and (f), and 30.41(a) and (c), and 30.53 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and li 30.6, 30.9, 30.36, 30.51, 30.52, 30.55, and 30.56(b) and (c) are issued under sec. 1610, 68 7jh" Stat. 950, as amended _(42 U.S.C. 2201(o)).
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A new i 30.50 is added to read as follows:
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5 30.00 Notification quirements.
Ma)Immediatenotification Each licensee shall notify the NRC as soon as g
possible but t r P later than four hours after the discovery of any event f
involving licensed material that prevents or threatens to prevent immediate actions necessary to maintain and verify control of licensed material (includes L
fires, explosions,toxicgasreleases). Notification is required only if the event involves immediate bodily ham or would prevent immediate protective l'
action necessary to protect the public or the environment.
[(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 /> af ter the discovery of any of the following events involving Ifcensed material:
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(((1) Any contamination event that restricts access to the contaminated area by L
. 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 />.
M2) Any event in which equipment necessary to prevent uncontrolled releases of j
L radioactive material, or to prevent overexposures to radiation, or to mit'igate L
l the consequences of an accident, is disabled or fatis to function as designed when it is needed. Notification is not required if an individual compo' ent is n
disabled or fails to function if redundant. equipment is available and is able to perfotin the required function.
(((3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. Notification is not required if first aid at a licensee-maintained medical facility for a superficial injury is the only treatment rendered.
E/(4)' Any fire or explosion damaging any licensed materia 1 or any device.
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container, or equipment containing if censed material.
k(c)Preparationandsubmissionofreports. Reports filed with the NRC pursuant to this section must have the names of persons who have received exposure to radiation 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:
[(1) 1.icensees shall make reports required by paragr hs(a)and(b)ofthis section by telephone to the NRC Operations Ced To the extent that the information is available at the time of notification, the information provided
.in these reports must include:
(1) The caller's name and call back telephone number!
(ii) A description of the event, including date and time, (iii) The exact location of the event!
L The commercial telephone number for the NRC Operations Center is (202) 951-0550.
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(iv) The isotopes, quantities, and chemical or physical form of the licensed material involved,' and (v) Any personnel radiation exposure data available.
[(2)TWty^yfe!!e-ten report. Each licensee who makes a report required by paragraph (afor (b) of this section shall submit a written followup#
report within 30 days of the initial report. These written reports s d be sent to the U.S. Nuclear Regulatory Connission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR Part 20. The reports must 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 or 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.
7/(3) The provisions of f 30.50 do not apply to commercial power reactor
' licensees. These licensees wi4 tinue to report under 9 50.72.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 5.
The authority citation for Part 40 continues to read as follows:
- //AtITHORITY: 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),2092,2093,2094,2095,2111,2113,2114,2201,2232,2233,2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842,
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l1 5846); sec. -275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 - (42 U.S.C.2022).
Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5841) Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C.2152). Section 40.46 also issued under sec.184, 68 Stat. 954,,as amended (42U.S.C.2234). Section 4D.71 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);
il 40.3, 40.25(d)(1)-(3), ~40.35(a)-(d), and (f) 40.41(b) and (c), 40.46,
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40.51(a) and (c), and 40.63 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and il 40.5, 40.9, 40.25(c), (d)(3), and (4),
40.26(c)(2), 40.35(e). 40.42, 40.01, 40.62, 40.64, and 40.65 are issued under sec.1610, 68 Ctat. 950, as asended (42 U.S.C. 2201(o)).
6.
- A'new i 40.60 is added to read as follows:
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.140.60 Notification /equirements.
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(((a)-Immediate notificatg. Each licensee shall gify the NRC as soon as possible but t r rglater than four hours after discovery of any event
. involving licensed material that prevents or threatens to prevent immediate actions necessary to maintain and verify control of licensed material (includes fires, explosions, toxic gas releases). Notification is required only.if the event involves immediate bodily harm or would prevent imediate protective action necessary to protect the pubite or the environment.
7/(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 licensed material:
1 M(1) Any contamination event that restricts 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 />.
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(2) Any event in which equipment necessary to prevent uncontrolled releases of radioactive material, or to prevent overexposures-to radiation, or to mitigate the consequences of an accident, is ' disabled or fails to function as designed when it is needed. Notification is not required if an individual component is disabled or fails to function if redundant equipment is eva11able and is able
?.o perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. Notification is not required if first aid at
. a licensee-maintained medical facility for a superficial injury is the only treatment rendered, h4) Any fire or explosion damaging any licensed material or any device, L
container, or equipment containing licensed material.
f(c) Preparation and submission of reports. Reports flied with the NRC pursuant to this section must have the names of persons wh'o have received.
exposure to radiation 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:
k1) Licensees shall make reports required by paragraphs (a) and (b) of this section by-telephone to the NRC Operations CenterMTo the extent that the infomation is available at the time of notification, the information provided in these reports must include:
(i) The caller's name and call back telephone number; (ii) A description of the event, including date and time; (iii) The' exact location of the event',
(iv) The isotopes, quantities, and chemical / physical fom of the licensed material involved; and (v) Any personnel radiation exposure data available.
I,ThecommercialtelephonenumberfortheNRCOperationsCenteris (202) 4 951-0550.
d 9/(2) Thi h-J, 'allam yritten report. Each licensee who makes a report required by paragraph (afor (b) of this 'section shall submit a written followup report within 30 days of the initial report. These written reports 11 be sent to the U.S. Nuclear Regulatory Cosaission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR Part 20. The reports must include the followingt (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.or 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
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(vi) The extent of exposure of individuals to radiation or to radioactive saterials.
[(3) The _ provisions of i 40.60 do not apply to commercial power reactor licensees. These licensees nue to report under 5 50.72.
PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR HATERIAL
- 7.. The authority citation for Part 70 continues to read as follows:
9/ AUTHORITY: 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,asamended. 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 (4? U.S.C.10155,10161). Section 70.7 also issued
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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 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
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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 l
~ 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).
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 (i), 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),(dl,(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), 70.51., 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec.161o, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
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A new 6 70.50 is added to read as follows:
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570.50 Notification /equirements.
v j/(a)Immediatenotification. Each licensee shall notify the NRC as soon as possible but i-aher than four hours after the discovery of any event involving licensed material that prevents or threatens to prevent imediate l
action necessary to maintain and verify control of licensed material (includes fires, explosions,toxicgisreleases).
Notification is required only if the event involves immediate bodily harm or would prevent immediate protective l
l action necessary to protect the public or the environment.
i f/(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 licensed material:
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(1) Any contamination event that restricts 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 />.
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[(2) Any event in which equipment necessary to prevent uncontrolled releases r,f radioactive material, or to prevent exposure to radiation, or to mitigate the consequences of an accident is disabled or fatis to function as designe,d when it is needed. Notification is not required if an individual component.is disabled or fails'to function if redundant equipment is available and is able to perfom the mquired function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. Notification is not required if first aid at
.a Ifeensee-maintained medical facility for a superficial injury is the only treatment rendered.
E(4) Any fire or explosion damaging arty licensed material or any device, l
container, or equipment containing licensed material.
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'[(c)Preparationandsubmissionofreports. Reports filed with the NRC pursuant to this section must have the names of persons who have received exposure.to radiation stated in a separate part of the report. Reports made by licensees in response to the requirements of this section must be sede as follows:
.[(1) Licensees shall make reports required by parag phs (a) and (b) of this l
section by telephone to the NRC Operations Center.
To the extent that the information is available at the time of notification, the iniormation provided must include:
,n ai-m,a The connercial telephone number for the NRC Operations Center is (202) 951-0550.
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(1) The caller's name and call back telephone number; (ii) A description of the event, including date and time,'
(iii) The exact location of the event /
(iv) The isotopes, quantities, and chemical or physical form of the licensed material involved; and (v) Any personnel radiation exposure data available.
(2) Tiurv-4 fall ten report. Each licensee who makes a report required by paragraph (a or (b) of this section shall prepare a written followup report within 30 days of the initial report. These written. reports must be sent to the U.S. Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR Part 20. Thereportsmustincludethefollowing{_._
(i) 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 or physical form of the licensed material involved,8 (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.
Y/(3) The provisions of 5 70.50 do not apply to commercial power reactor licensees. These licensees tinue to report under 9 50.72.
Dated at Rockville, Maryland, this day of
,1 For the fluclear Regulatory Comission.
l JamesM.Taylo/r l
Executive Dir ctor J Q erations
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Approved For Publication The Coenission delegated to the EDO (10 CFR 1.31(a)(3)) the autl}ority to develop and promulgate wies as defined in the APA (5 U.S.C. 551 (4)) subject to the limitations in tiRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, and 0310.
' The enclosed rubs, entitled " Notifications of Incidents," will amend 10 CFR 20.403 and establish 10 CFR 30.50, 10 CFR 40,60, and 10 CFR 70.50. These amendments are needed to ensure that significant incidents are promptly reported to NRC so that the agency can evaluate whether immediate action
'is required to protect the public health and safety.
proposed rul ot constitute a significant question of ')olicy,-nor
@j,c thy amend regu ations contained in 10 CFR Parts 7, 8, or g Su spart C concerning matters of policy.
I, therefore, find that these rules are within the scope of sy rulemaking authority and am proceeding to issue them.
Date.
James M. Taylor j
Executive Director D g Gprations O
WEEKLY REPORT TO THE COMMISSION OFFICE OF NUCLEAR REGULATORY RESEARCH Proposed Rule Signed by the EDO
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1990, the Executive Director for Operations approved the' On proposed rule / that would amend 10 CFR Part 20. " Standards for Protection Against Radidtion" 10 CFR Part 30 " Rules of General Applicability to Domestic Licensing of Byproduct Material,".10 CFR Part 40, " Domestic Licensing of Source Material," and 10 CFR Part 70, " Domestic Licensing of Special Nuclear Material." The proposed amendments would revise licensee reporting requirements for notifications of incidents. This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated he EDO,theEDOhasreceivedtheproposedrulefendproposestoforward to the Office of the Federal Register for pubTication.
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