ML20059B841

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Notice of Receipt of Petition for Rulemaking,Prm 32-4 Re Request for NRC to Amend Regulations to Place Timepieces W/ Gaseous Tritium Light Sources on Same Regulatory Basis as Timepieces W/Luminous Tritium Paint
ML20059B841
Person / Time
Issue date: 10/08/1993
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-58FR53670, RULE-PRM-32-4 NUDOCS 9310290114
Download: ML20059B841 (7)


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1 NUCLEAR REGULATORY COMMISSION 10 CFR Part 32 o

[ Docket No. PRM-32-4) mb-microtec (USA); Receipt of Petition for Rulemaking AGENCY:

Nuclear Regulatory Commission.

ACTION:

Petition for rulemaking; Notice of receipt.

SUMMARY

The Nuclear Regulatory Commission (NRC) is publishing l

for public comment a notice of receipt of a petition for rulemaking, dated July 30, 1993, which was filed with the Commission by mb-microtec (USA).

The petition was docketed by the NRC on August 9, 1993, and has been assigned Docket No. PRM-32-4.

The petitioner requests that the NRC amend its regulations

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to place timepieces with gaseous tritium light sources (GTLSs) on the same regulatory basis as timepieces with luminous tritium paint.

Specifically, the petitioner requests that the regulations be amended to include timepieces with GTLSs and subsequently allow their distribution under the same requirements

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applicable to the distribution of timepieces with luminous tritium paint.

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DATE:

Submit comments by (75 days after publication in the Federal Register).

Comments received after this date will be i

considered if it is practical to do so but the Commission is able to assure consideration only for comments received on or before this date.

i ADDRESSES:

Submit written comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.

Hand deliver comments to:

11555 Rockville Pike, Rockville, Maryland, between 7:45 a.m. and 4:15 p.m.

Federal workdays.

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For a copy of the petition, write the Rules Review and i

Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

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The petition and copies of comments received may be

". inspected and copied for a fee at the NRC Public Document Room, 1

2120 L Street, NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Michael T. Lesar, Chief, Rules Review Section, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone:

301-492-7758 or Toll Free:

800-368-5642.

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i SUPPLEMENTARY INFORMATION:

Background

The NRC has established regulations governing the domestic licensing of byproduct material in 10 CFR Part 30 and the domestic licenses to manufacture or transfer certain items containing byproduct material in 10 CFR Part 32.

The regulations j

in these parts govern the individuals or firms who apply byproduct material to or incorporate byproduct material into a product.

These regulations also apply to firms or individuals who initially transfer a product containing small amounts of byproduct material for sale or distribution.

These regulations govern the manufacture and transfer for sale or distribution of self-luminous products such as timepieces that contain small amounts of tritium.

Discussion f

The petitioner believes that the regulations that govern the manufacture and distribution for sale of timepieces that contain small amounts of tritium are outdated.

According to the petitioner, the NRC's regulations permit the exempt distribution of timepieces that use small amounts of tritium paint for luminescence but do not consider timepieces with GTLSs.

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l The Petition The petitioner states that current regulations allow watches with GTLSs that have a level af activity up to 200 mci T to be distributed only after each watch model is individually approved by the Commission for exempt distribution.

The petitioner states that this requirement is in contrast to requirements applicable to timepieces that use tritium paint.

The petitioner believes that the Commission exerts further control over GTLS timepieces by requiring a disclosure on the pertinent properties of GTLSs used in watches.

The petitioner believes that current regulations do not take into account the progress that GTLS technology has achieved over the past 15 years.

According to the petitioner, an analog watch l

can be well illuminated with 14 GTLSs that have a total level activity of 25 mci T, the same level of activity that is presently permitted in tritium paint timepieces.

The petitioner believes that watch manufacturers do not want to become involved with the present licensing procedures that apply to the manufacture and distribution of GTLS watches.

Therefore, the petitioner believes that the present regulations are counterproductive because they withhold a better and safer means of watch illumination from the consumer.

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The Suggested Amendments In order to put timepieces that use GTLSs on the same regulatory basis as those that use tritium paint, the petitioner suggests that 10 CFR 32.14 (d) (1) be amended by adding the words "and bezels" to the first sentence of the introductory text, and by adding a third paragraph to read: " Tritium is also considered to be properly bound if it is contained in gaseous form in a sealed vial of mineral glass if the vials do not get damaged or become dislodged and the loss of tritium does not exceed 5 nci 1

when prototype dials, hands, pointers, and bezels are subjected to the tests as specified in S32.14 (d) (1) (i), (ii), and (iii). "

Section 32.14 (d) (1) (iii) would be redesignated as S 32.14 (d) (1) (iv) and a new S 32.14 (d) (1) (iii) would be added to read: " Attachment of the hub ends of the hands and pointers to a clamp on a vibrating fixture and vibration at a rate of not less than 16 cycles per second and a vibration acceleration of not less than 2G for a period of not less than one hour."

As revised, S 32.14, paragraph d(1) would read as follows:

5 32.14 Certain items containing byproduct material; requirements for license to apply or initially transfer.

(d)

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(1)

The method of containment or binding of the l

byproduct waterial in the product is such that the t

radioactive material will not be released or be i

removed from the product under the most severe conditions that are likely to be encountered in normal use and handling.

Tritium in luminous I

paint will be considered to be properly bound to dials, hands, pointers, and bezels if there is no visible flaking or chipping and the total loss of

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tritium does not exceed 5 percent of the total t

tritium when prototype dials, hands, pointers, and bezels are subjected to the tests as specified in 532.14 (d) (1) (1), (ii), and (iii).

Tritium is also considered to be properly bound if it is contained i

in gaseous form in a sealed vial of mineral glass if the vials do not get damaged or become dislodged and the loss of tritium does not exceed 5 nCi when prototype dials, hands, pointers, and bezels are subjected to the tests as specified in I

S3 2.14 (d) (1) (i), (ii), and (iii).

(1)

Attachment of dials and bezels to a vibrating I

l fixture at a rate of not less than 26 cycles per j

second and a vibration acceleration of not less than 2G for a period of not less than one hour.

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(ii)

Attachment of the hub ends of the hands or pointers to a clamp and bending of hands or pointers over a 1-inch diameter cylinder, or i

(iii)

Attachment of the hub ends of the hands and pointers to a clamp on a vibrating fixture and

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vibration at a rate of not less than 16 cycles per second and a vibration acceleration of not less than 2G for a period of not less than one hour.

(iv)

Total immersion of the dials, hands, pointers, and bezels used in the tests described in S 32.14 (d) (1) (i), (ii), or (iii) in 100 milliliters of water at room temperature for a period of 24 consecutive hours and analysis of the test water for its radioactive materials content by liquid scintillation counting or other equally sensitive l

method.

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$f Dated at Rockville, Maryland, this day of October 1993.

i F r the Nuclear Regulatory Commission.

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Samuel J.

Chilk, Secretary of the commission.

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