ML20079D934

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FRN for Individual Monitoring Devices Rulemaking
ML20079D934
Person / Time
Issue date: 03/18/2020
From: Edward Lohr
NRC/NMSS/DREFS/RRPB
To:
Ed Lohr
References
NRC-2019-0031, RIN 3150-AK29
Download: ML20079D934 (6)
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Text

15347 Rules and Regulations Federal Register Vol. 85, No. 53 Wednesday, March 18, 2020 This section of the FEDERAL REGISTER ADDRESSES: You may submit comments I. Obtaining Information and contains regulatory documents having general by any of the following methods: Submitting Comments applicability and legal effect, most of which

  • Federal Rulemaking website: Go to are keyed to and codified in the Code of A. Obtaining Information https://www.regulations.gov and search Federal Regulations, which is published under for Docket ID NRC-2019-0031. Address Please refer to Docket ID NRC-2019-50 titles pursuant to 44 U.S.C. 1510. 0031 when contacting the NRC about questions about NRC dockets to Carol The Code of Federal Regulations is sold by Gallagher; telephone: 301-415-3463; the availability of information for this the Superintendent of Documents. email: Carol.Gallagher@nrc.gov. For action. You may obtain publicly-technical questions contact the available information related to this individuals listed in the FOR FURTHER action by any of the following methods:

NUCLEAR REGULATORY INFORMATION CONTACT section of this

10 CFR Parts 34, 36, and 39 Rulemaking.Comments@nrc.gov. If you

  • NRCs Agencywide Documents do not receive an automatic email reply Access and Management System

[NRC-2019-0031]

confirming receipt, then contact us at (ADAMS): You may obtain publicly-RIN 3150-AK29 301-415-1677. available documents online in the

Nuclear Regulatory Commission at 301-AGENCY: Nuclear Regulatory 415-1101. adams.html. To begin the search, select Commission.

  • Mail comments to: Secretary, U.S. Begin Web-based ADAMS Search. For Nuclear Regulatory Commission, problems with ADAMS, please contact ACTION: Direct final rule.

Washington, DC 20555-0001, ATTN: the NRCs Public Document Room (PDR)

SUMMARY

The U.S. Nuclear Regulatory Rulemakings and Adjudications Staff. reference staff at 1-800-397-4209, 301-Commission (NRC) is amending its
  • Hand deliver comments to: 11555 415-4737, or by email to pdr.resource@

regulations to authorize the use of Rockville Pike, Rockville, Maryland nrc.gov. The ADAMS accession number modern individual monitoring devices 20852, between 7:30 a.m. and 4:15 p.m. for each document referenced (if it is in industrial radiographic, irradiator, (Eastern Time) Federal workdays; available in ADAMS) is provided the and well logging operations. These telephone: 301-415-1677. first time that it is mentioned in this amendments will align personnel For additional direction on obtaining document.

dosimetry requirements in these areas information and submitting comments,

  • NRCs PDR: You may examine and with the requirements for all other NRC see Obtaining Information and purchase copies of public documents at licensees. This direct final rule Submitting Comments in the the NRCs PDR, Room O1-F21, One addresses an issue raised in a petition SUPPLEMENTARY INFORMATION section of White Flint North, 11555 Rockville for rulemaking and will affect NRC and this document. Pike, Rockville, Maryland 20852.

Agreement State licensees. The NRC FOR FURTHER INFORMATION CONTACT: B. Submitting Comments also is issuing supplemental guidance Anthony McMurtray, telephone: 301-Please include Docket ID NRC-2019-for use and comment with this direct 415-2746; email: Anthony.McMurtray@

0031 in your comment submission.

final rule. nrc.gov; or Edward Lohr, telephone: The NRC cautions you not to include DATES: This direct final rule and 301-415-0253; email: Edward.Lohr@ identifying or contact information that supplemental guidance are effective nrc.gov. Both are staff of the Office of you do not want to be publicly June 16, 2020. If adverse comments on Nuclear Material Safety and Safeguards, disclosed in your comment submission.

the direct final rule are received by U.S. Nuclear Regulatory Commission, The NRC will post all comment April 17, 2020 the direct final rule will Washington, DC 20555-0001. submissions at https://

be withdrawn. If the direct final rule is SUPPLEMENTARY INFORMATION: www.regulations.gov as well as enter the withdrawn, the supplemental guidance Table of Contents comment submissions into ADAMS.

also is withdrawn; timely notice of the The NRC does not routinely edit withdrawal will be published in the I. Obtaining Information and Submitting comment submissions to remove Comments Federal Register. Comments received II. Rulemaking Procedure identifying or contact information.

after this date will be considered if it is III. Background If you are requesting or aggregating practical to do so, but the NRC is able IV. Discussion comments from other persons for to ensure consideration only for V. Guidance Documents submission to the NRC, then you should comments received on or before this VI. Section-by-Section Analysis inform those persons not to include date. If the direct final rule is VII. Regulatory Analysis identifying or contact information that withdrawn, comments will be addressed VIII. Regulatory Flexibility Certification they do not want to be publicly in a subsequent final rule. Comments IX. Backfitting and Issue Finality disclosed in their comment submission.

X. Plain Writing jbell on DSKJLSW7X2PROD with RULES received on this direct final rule and Your request should state that the NRC XI. National Environmental Policy Act supplemental guidance will also be XII. Paperwork Reduction Act Statement does not routinely edit comment considered as comments on the XIII. Congressional Review Act submissions to remove such information companion proposed rule published in XIV. Compatibility of Agreement State before making the comment the Proposed Rules section of this issue Regulations submissions available to the public or of the Federal Register. XV. Voluntary Consensus Standards entering the comment into ADAMS.

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15348 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations II. Rulemaking Procedure require the use of personnel dosimetry IV. Discussion Because the NRC considers this action that is processed and evaluated by an The NRCs requirements related to the to be non-controversial, the NRC is accredited National Voluntary safe use of sealed sources of byproduct using the direct final rule procedure for Laboratory Accreditation Program material in industrial radiography are this rule. The amendment to the rule (NVLAP) processor. These regulations codified in 10 CFR part 34. The will become effective on June 16, 2020. restrict the types of personnel regulation in § 34.47(a) states that However, if the NRC receives significant dosimeters that can be used and during radiographic operations, adverse comments on this direct final prohibit the use of dosimetry radiographers and radiographers rule by April 17, 2020, then the NRC technologies that do not require assistants must wear a direct reading will publish a document that withdraws processing by an accredited NVLAP dosimeter, an operating alarm ratemeter, this direct final rule, as well as the facility. and a personnel dosimeter that is associated supplemental guidance. In On July 14, 2016, the NRC received a processed and evaluated by an such a case, the NRC will treat petition for rulemaking (PRM) from the accredited National Voluntary comments on this direct final rule as American Society for Nondestructive Laboratory Accreditation Program comments on the companion proposed Testing and the Nondestructive Testing (NVLAP) processor.

rule published in the Proposed Rules Management Association (the Although processing is not defined section of this issue of the Federal petitioners) (ADAMS Accession No. in the regulations, the NRC uses it with Register. Absent significant ML16228A045). The petition was a specific meaning related to personnel modifications to the proposed revisions docketed by the NRC on August 12, dosimetry. The NRC interprets requiring republication, the NRC will 2016, and assigned Docket No. PRM- processing to mean a process, separate not initiate a second comment period on 34-7. The NRC published a notice of from and independent of the design of this action. docketing of PRM-34-7 in the Federal the dosimeter, that is required to extract A significant adverse comment is a Register (81 FR 78732) on November 9, dose information from the dosimeter comment where the commenter 2016. The petitioners requested that the after exposure to radiation. Processing is explains why the rule would be NRC amend its regulations and necessary with film, thermoluminescent inappropriate, including challenges to associated guidance to authorize the use dosimetry (TLD), and optically the rules underlying premise or of improved individual monitoring stimulated luminescence (OSL) approach, or would be ineffective or devices for industrial radiographic dosimetry to obtain the dose unacceptable without a change. A personnel. Specifically, the petitioners information. With film, TLD, and OSL comment is adverse and significant if: requested that the NRC amend its dosimetry, the quality of the processing (1) The comment opposes the rule and regulations to authorize the use of is dependent on the competence of the provides a reason sufficient to require a digital output personnel dosimeters to processor and not on the dosimeter substantive response in a notice-and- satisfy the personnel dosimetry design, whereas quality is built into the comment process. For example, a requirements in § 34.47(a). design of dosimeters that do not require substantive response is required when: processing. An in-depth discussion on Personnel dosimetry is a specific type this topic can be found in the January (a) The comment causes the NRC to of dosimetry that is used to track an 14, 2005, Federal Register document (70 reevaluate (or reconsider) its position or individual workers dose. The FR 2577) denying a petition for conduct additional analysis; petitioners interchangeably used the rulemaking (PRM-20-25).

(b) The comment raises an issue terms improved individual monitoring Film, TLD, and OSL dosimeters are serious enough to warrant a substantive devices, electronic personnel examples of devices that require response to clarify or complete the monitoring dosimeters, electronic processing by qualified technicians record; or dosimeters, and digital personnel using separate equipment to obtain data (c) The comment raises a relevant dosimeters to describe digital output that is used to compute the dose issue that was not previously addressed personnel dosimetry. In this direct final measurement. Therefore, these types of or considered by the NRC.

rule, the NRC uses the term digital dosimeters must be processed by an (2) The comment proposes a change output personnel dosimetry in place of accredited NVLAP facility to ensure the or an addition to the rule, and it is these terms. A digital output personnel quality of the processing. The NVLAP apparent that the rule would be dosimeter is a specific type of personnel does not certify or accredit dosimetry ineffective or unacceptable without dosimetry that currently cannot be used devices themselves; it only certifies or incorporation of the change or addition.

(3) The comment causes the NRC to to meet the requirements in 10 CFR accredits device processing.

make a change (other than editorial) to parts 34, 36, and 39 to demonstrate Accreditation by the NVLAP provides a the rule. compliance with the occupational dose level of assurance of quality of the For detailed instructions on filing limits in § 20.1201. measurement (i.e., accuracy, precision, comments, please see the ADDRESSES On February 11, 2019, the NRC and reliability) for processors.

section of this document. published a document in the Federal Some recently designed personnel Register (84 FR 3116) informing the dosimeters do not require the type of III. Background public that it would consider PRM processing envisioned in the text of The regulations in part 34 of title 10 7 in the rulemaking process. In the § 34.47(a)that is, data extraction of the Code of Federal Regulations (10 Federal Register document, the NRC through a process independent of the CFR), Licenses for Industrial accepted the petitioners request that the dosimeter. For example, some personnel Radiography and Radiation Safety NRC amend its regulations to authorize dosimeters can provide instantaneous jbell on DSKJLSW7X2PROD with RULES Requirements for Industrial the use of digital output personnel dose readings using internet-enabled Radiographic Operations; 10 CFR part dosimeters for industrial radiographic computers, smartphones, and tablets.

36, Licenses and Radiation Safety personnel and expanded the scope of Data is extracted from the detector and Requirements for Irradiators; and 10 the rulemaking to include the use of then digitally transferred from the CFR part 39, Licenses and Radiation digital output personnel dosimeters in dosimeter for computation. The design Safety Requirements for Well Logging, irradiator and well logging operations. of the personnel dosimeter, rather than VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\18MRR1.SGM 18MRR1

Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations 15349 the training and qualifications of the radiography licensees. Under § 34.47(d), V. Guidance Documents processing technician, ensures accurate certain circumstances require workers to dose information from the dosimeter cease work immediately until their The NRC is issuing supplemental after exposure to radiation. radiation dose has been determined. guidance in conjunction with this direct Current regulations in § 34.47(a) and This can involve three or more days of final rule. Guidance on 10 CFR parts 34, similar provisions in 10 CFR parts 36 wait time while the personnel dosimeter 36, and 39 is provided in NUREG-1556, and 39 require use of personnel is sent off-site for processing and Consolidated Guidance About dosimeters that require processing. This evaluation, which could cost the Materials Licenses, in the volumes for direct final rule eliminates these licensee revenue and lost time. Workers industrial radiography (Volume 2),

requirements for personnel dosimeters using digital output personnel irradiators (Volume 6), and well logging that require processing. The dosimeters do not need to send their (Volume 14). This supplemental requirements in 10 CFR part 20 will dosimeters to a processor and can have guidance is intended for use by continue to provide standards for the their radiation dose determined locally applicants, licensees, Agreement States, use of all personnel dosimeters. so that the issue can be resolved and the NRC staff when personnel The NRC considered recent peer- quickly. dosimeters that do not require reviewed literature and NRC documents Consistent with the agencys focus on processing are being used. It includes on the performance of digital output implementing risk-informed, guidance to applicants for the personnel dosimeters that were performance-based regulations and completion and submission of materials authorized by Agreement State and NRC transforming its regulatory approaches, license applications to the NRC and licensees. The NRC determined that the NRC is amending the requirements model procedures that an applicant or digital output personnel dosimetry has for licensees under 10 CFR parts 34, 36, licensee may consider when developing been used successfully by NRC and 39 to enable the use of any or changing its radiation safety program.

licensees in other operational settings, personnel dosimeters. Removing the The supplemental guidance by some Agreement State licensees in requirement to use personnel documents (ADAMS package Accession all areasincluding industrial dosimeters that are processed and No. ML19360A184) are in a markup radiography, and internationally in evaluated by an accredited NVLAP format to NRCs existing guidance and multiple applications. The NRC did not facility will allow the use of digital reflect the provisions in the direct final find any evidence of generic output personnel dosimeters (which do rule. On the effective date of the direct performance problems with digital not require processing) and ensure all final rule, licensees that elect to use output personnel dosimetry in other NRC licensees are held to the same personnel dosimeters that do not require operating settings, nor did the NRC standards for personnel dosimetry. Also, processing may use the supplemental identify any adverse trends that would preclude the use of this dosimetry by all because the current regulations are guidance to comply with the provisions NRC licensees. based on the use of film, TLD, and OSL in the direct final rule.

In addition, the NRC evaluated the dosimeters (all of which require processing by an accredited NVLAP Comments on the supplemental technical specifications of currently guidance may be submitted as directed available digital output personnel processor), conforming and clarifying changes related to exchange intervals, in Section I, Obtaining Information and dosimetry and determined that they met Submitting Comments, of this or exceeded performance standards, monitoring, and recordkeeping are being made to 10 CFR parts 34, 36, and 39 to document. The NRC will incorporate operability criteria (e.g., temperature, this supplemental guidance into the humidity), dose ranges, and quality address personnel dosimeters that do not require processing. These next comprehensive revision of control expectations for use in NUREG-1556.

industrial radiographic, irradiator, and amendments will allow greater well logging operations. The NRC did consistency with the Agreement States VI. Section-by-Section Analysis not identify issues that would preclude programs.

the use of digital output personnel On May 11, 2018, the NRC issued an The following paragraphs describe the dosimetry in industrial radiographic, Enforcement Guidance Memorandum specific changes made in this direct irradiator, or well logging operations. (EGM-18-001) that provides guidance final rule.

Therefore, the NRC determined that for dispositioning potential violations of Section 34.47 Personnel Monitoring there is no technical basis for NRC requirements for personnel continuing to limit the types of dosimetry during NRC-licensed In § 34.47, this direct final rule revises personnel dosimeters used in industrial activities under 10 CFR parts 34, 36, and paragraph (a) by removing the radiography, irradiator, and well logging 39 (ADAMS Accession No. requirement to use a personnel operations to only those that are ML18068A623). In the EGM, the NRC dosimeter that is processed and processed and evaluated by an stated that industrial radiographic, evaluated by an accredited NVLAP accredited NVLAP processor. The levels irradiator, and well logging licensees processer, revises paragraph (a)(3) to and types of radiation fields who use digital output personnel make conforming changes, and removes encountered in these operations are also dosimetry for personnel monitoring (i.e., paragraph (a)(4).

encountered in other industries where dosimetry used for the dose of record) would not be subject to enforcement Paragraph (d) is revised to include the digital output personnel dosimeters action for some potential violations of requirement to begin evaluating an already are allowed. The NRC NRC requirements associated with the individuals personnel dosimeter within determined that mandating the use of a use of these dosimeters provided that 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> for personnel dosimeters that particular type of personnel dosimetry do not require processing, if the jbell on DSKJLSW7X2PROD with RULES will not prevent or reduce the dose specified conditions are met. The NRC received or result in more accurate, considered the specific conditions conditions in the paragraph are met.

precise, or reliable measurements. specified in EGM-18-001 during the Paragraph (f) is revised to state that all In addition, having access to digital development of this direct final rule. dosimetry results received by a licensee output personnel dosimeters is The EGM will expire when this direct are to be retained in accordance with especially beneficial to industrial final rule becomes effective. § 34.83.

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15350 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations Section 34.83 Records of Personnel regulatory analysis, these amendments Commission on October 2, 2017 and Monitoring Procedures do not have a significant economic published in the Federal Register on In § 34.83, this direct final rule revises impact on the affected small entities. October 18, 2017 (82 FR 48535), the paragraph (c) by removing the phrase IX. Backfitting and Issue Finality NRC program elements (including received from the accredited NVLAP regulations) are placed into processor. The revisions to 10 CFR parts 34, 36, Compatibility Categories A, B, C, D, and 39 would not constitute backfitting NRC, or Adequacy Category Health and Section 36.55 Personnel Monitoring as these parts do not have a backfitting Safety (H&S). Compatibility Category A In § 36.55, this direct final rule revises provision. In addition, the revisions are those program elements that are paragraph (a) by removing the would not impose any additional basic radiation protection standards and requirement to use a personnel requirements. Personnel dosimeters that scientific terms and definitions that are dosimeter that is processed and are not processed would be authorized necessary to understand radiation evaluated by an accredited NVLAP for voluntary use by licensees, but not protection concepts. An Agreement processer and clarifying that all required.

State should adopt Category A program personnel dosimeters must be capable of X. Plain Writing elements in an essentially identical detecting high energy photons in the manner in order to provide uniformity normal and accident dose ranges. The The Plain Writing Act of 2010 (Pub.

L. 111-274) requires Federal agencies to in the regulation of agreement material reference to § 20.1501(c) is removed write documents in a clear, concise, and on a nationwide basis. Compatibility because it does not apply to all personnel dosimetry. Conforming well-organized manner. The NRC has Category B are those program elements changes are made to clarify that written this document to be consistent that apply to activities that have direct personnel dosimeters that require with the Plain Writing Act as well as the and significant effects in multiple processing must be replaced at Presidential Memorandum, Plain jurisdictions. An Agreement State appropriate intervals, that all personnel Language in Government Writing, should adopt Category B program dosimeters must be evaluated promptly published June 10, 1998 (63 FR 31885). elements in an essentially identical after replacement and at least quarterly, manner. Compatibility Category C are XI. National Environmental Policy Act and an individuals radiation dose must those program elements that do not be determined at periods not to exceed The NRC has determined that this meet the criteria of Category A or B, but three months. direct final rule is the type of action the essential objectives of which an described in § 51.22(c)(2). Therefore, Agreement State should adopt to avoid Section 39.65 Personnel Monitoring neither an environmental impact conflict, duplication, gaps, or other In § 39.65, this direct final rule revises statement nor environmental assessment conditions that would jeopardize an paragraph (a) by removing the has been prepared for this direct final orderly pattern in the regulation of requirement to use a personnel rule. agreement material on a national basis.

dosimeter that is processed and XII. Paperwork Reduction Act An Agreement State should adopt the evaluated by an accredited NVLAP essential objectives of the Category C processer. Conforming changes are This direct final rule does not contain any new or amended collections of program elements. Compatibility made to clarify that personnel Category D are those program elements dosimeters that require processing must information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 that do not meet any of the criteria of be replaced at appropriate intervals, that et seq.). Existing collections of Category A, B, or C, and thus, do not all personnel dosimeters must be evaluated promptly after replacement information were approved by the need to be adopted by Agreement States and at least quarterly, and an Office of Management and Budget, for purposes of compatibility.

individuals radiation dose must be approval numbers 3150-0007, 3150- Compatibility Category NRC are those determined at periods not to exceed 0130, and 3150-0158. program elements that address areas of three months. regulation that cannot be relinquished Public Protection Notification to the Agreement States under the VII. Regulatory Analysis The NRC may not conduct or sponsor, Atomic Energy Act of 1954, as amended, The NRC has prepared a regulatory and a person is not required to respond or provisions of title 10 of the Code of analysis (ADAMS Accession No. to, a collection of information unless the Federal Regulations. These program ML19283B555) to support this direct document requesting or requiring the elements should not be adopted by the final rule. The analysis examines the collection displays a currently valid Agreement States. Compatibility costs and benefits of the alternatives OMB control number. Category H&S are program elements that considered by the NRC. are required because of a particular XIII. Congressional Review Act VIII. Regulatory Flexibility health and safety role in the regulation This direct final rule is a rule as of agreement material within the State Certification defined in the Congressional Review and should be adopted in a manner that Under the Regulatory Flexibility Act Act (5 U.S.C. 801-808). However, the embodies the essential objectives of the (5 U.S.C. 605(b)), the NRC certifies that Office of Management and Budget has NRC program.

this direct final rule will not, if issued, not found it to be a major rule as have a significant economic impact on defined in the Congressional Review This direct final rule is a matter of a substantial number of small entities. Act. compatibility between the NRC and the This direct final rule affects a number of Agreement States, thereby providing small entities as defined by the XIV. Compatibility of Agreement State consistency among Agreement State and jbell on DSKJLSW7X2PROD with RULES Regulatory Flexibility Act or the size Regulations the NRC requirements. The standards established by the NRC Under the Agreement State Program compatibility categories are designated

(§ 2.810). However, as indicated in the Policy Statement approved by the in the following table:

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Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations 15351 COMPATIBILITY TABLE Compatibility Section Change Subject Existing New Part 34:

34.47(a) .................... Amend ...................... Personnel monitoring ................................................................................ C ............ C 34.47(a)(3) ................ Amend ...................... Personnel monitoring ................................................................................ C ............ C 34.47(d) .................... Amend ...................... Personnel monitoring ................................................................................ C ............ C 34.47(f) ..................... Amend ...................... Personnel monitoring ................................................................................ C ............ C 34.83(c) ..................... Amend ...................... Records of personnel monitoring .............................................................. C ............ C Part 36:

36.55(a) .................... Amend ...................... Personnel monitoring ................................................................................ H&S ....... H&S Part 39:

39.65(a) .................... Amend ...................... Personnel monitoring devices ................................................................... C ............ C XV. Voluntary Consensus Statement as amended; the Nuclear Waste Policy dosimeters that do not require The National Technology Transfer Act of 1982, as amended; and 5 U.S.C. processing, evaluation of the dosimeter and Advancement Act of 1995, Public 552 and 553, the NRC is adopting the must be started within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. In Law 104-113, requires that Federal following amendments to 10 CFR parts addition, the individual may not resume agencies use technical standards that are 34, 36, and 39: work associated with licensed material developed or adopted by voluntary use until a determination of the PART 34LICENSES FOR individuals radiation dose has been consensus standards bodies unless the INDUSTRIAL RADIOGRAPHY AND made. This determination must be made use of such a standard is inconsistent RADIATION SAFETY REQUIREMENTS by the RSO or the RSOs designee. The with applicable law or otherwise FOR INDUSTRIAL RADIOGRAPHIC results of this determination must be impractical. In this direct final rule, the OPERATIONS included in the records maintained in NRC will revise parts 34, 36, and 39 by removing the requirement to use a accordance with § 34.83.

1. The authority citation for part 34 personnel dosimeter that is processed continues to read as follows: * * * *

processer. This action does not secs. 81, 161, 181, 182, 183, 223, 234, 274 (42 constitute the establishment of a U.S.C. 2111, 2201, 2231, 2232, 2233, 2273, * * * *

  • standard that contains generally 2282, 2021); Energy Reorganization Act of § 34.83 [Amended]

applicable requirements. 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);

44 U.S.C. 3504 note. 3. In § 34.83(c), remove the phrase List of Subjects received from the accredited NVLAP

2. In § 34.47:

10 CFR Part 34 processor.

a. In paragraph (a) introductory text, Criminal penalties, Manpower remove the phrase that is processed PART 36LICENSES AND RADIATION training programs, Occupational safety and evaluated by an accredited National SAFETY REQUIREMENTS FOR and health, Packaging and containers, Voluntary Laboratory Accreditation IRRADIATORS Penalties, Radiation protection, Program (NVLAP) processor; Radiography, Reporting and b. Revise paragraph (a)(3); 4. The authority citation for part 36 recordkeeping requirements, Scientific c. Remove paragraph (a)(4); and continues to read as follows:

equipment, Security measures, X-rays. d. Revise paragraphs (d) and (f).

Authority: Atomic Energy Act of 1954, The revisions read as follows: secs. 81, 161, 181, 182, 183, 223, 234, 274 (42 10 CFR Part 36

§ 34.47 Personnel monitoring. U.S.C. 2111, 2112, 2201, 2231, 2233, 2273, Byproduct material, Criminal 2282, 2021); Energy Reorganization Act of penalties, Nuclear energy, Nuclear (a) * *

  • 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);

materials, Radiation protection, (3) Film badges must be replaced at 44 U.S.C. 3504 note.

Reporting and recordkeeping least monthly and all other personnel

5. In § 36.55, revise paragraph (a) to requirements, Scientific equipment, dosimeters that require replacement read as follows:

Security measures. must be replaced at least quarterly. All personnel dosimeters must be evaluated § 36.55 Personnel monitoring.

10 CFR Part 39 at least quarterly or promptly after (a) Irradiator operators shall wear a Byproduct material, Criminal replacement, whichever is more personnel dosimeter while operating a penalties, Labeling, Nuclear energy, frequent. panoramic irradiator or while in the Nuclear material, Occupational safety * * * *

  • area around the pool of an underwater and health, Oil and gas exploration (d) If an individuals pocket chamber irradiator. The personnel dosimeter well logging, Penalties, Radiation is found to be off-scale, or if his or her must be capable of detecting high protection, Reporting and recordkeeping electronic personal dosimeter reads energy photons in the normal and requirements, Scientific equipment, greater than 2 millisieverts (200 accident dose ranges. Each personnel Security measures, Source material, jbell on DSKJLSW7X2PROD with RULES millirems), and the possibility of dosimeter must be assigned to and worn Special nuclear material. radiation exposure cannot be ruled out by only one individual. Film badges For the reasons set out in the as the cause, the individuals personnel must be replaced at least monthly and preamble and under the authority of the dosimeter that requires processing must all other personnel dosimeters that Atomic Energy Act of 1954, as amended; be sent for processing and evaluation require replacement must be replaced at the Energy Reorganization Act of 1974, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. For personnel least quarterly. All personnel dosimeters VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\18MRR1.SGM 18MRR1

15352 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations must be evaluated at least quarterly or Astronauts Act. The new regulations affords occupationally related medical promptly after replacement, whichever will provide for the medical monitoring monitoring services through the LSAH is more frequent. and diagnosis of conditions that are program to former U.S. Government

  • * * *
  • potentially spaceflight-associated and astronauts and payload specialists at the treatment of conditions that are JSC with a 60-70 percent participation PART 39LICENSES AND RADIATION spaceflight-associated for former U.S. rate.

SAFETY REQUIREMENTS FOR WELL Government astronauts and payload On March 21, 2017, the President LOGGING specialists. signed into law the National Aeronautics and Space Administration DATES:

6. The authority citation for part 39 Transition Authorization Act of 2017, Effective: March 18, 2020.

continues to read as follows: Public Law 115-10 (2017). Title IV, Comments due: Send comments on or Authority: Atomic Energy Act of 1954, before May 18, 2020. Subtitle D, the To Research, Evaluate, secs. 53, 57, 62, 63, 65, 69, 81, 161, 181, 182, Assess, and Treat Astronauts Act ADDRESSES: You may send comments, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, (hereafter TREAT Astronauts Act or identified by docket number NASA-2093, 2095, 2099, 2111, 2112, 2201, 2232, Act) is codified at Section 20149 of 2233, 2273, 2282); Energy Reorganization Act 2019-0004 and/or RIN number 2700-Title 51 of the U.S. Code.

of 1974, secs. 201, 206 (42 U.S.C. 5841, AE51, by any of the following methods: The TREAT Astronauts Act provides 5846); 44 U.S.C. 3504 note.

  • Federal eRulemaking Portal: http:// NASA the authority to expand the www.regulations.gov. Follow the voluntary monitoring program by
7. In § 39.65, revise paragraph (a) to instructions for sending comments. developing a more comprehensive read as follows:
  • Email: HQ-TREATAstronautsAct@

occupational surveillance program that

§ 39.65 Personnel monitoring. nasa.gov. Include docket number will enable earlier detection and (a) The licensee may not permit an NASA-2019-0004 and/or RIN number diagnosis of medical conditions individual to act as a logging supervisor 2700-AE51 in the subject line of the potentially associated with or logging assistant unless that person message. spaceflight and treatment of medical wears a personnel dosimeter at all times

  • Mail: NASA Headquarters, Mail conditions associated with spaceflight.

during the handling of licensed Code 2M21, ATTN: Gwyn E. Smith, 300 NASA currently uses data from the radioactive materials. Each personnel E St. SW, Washington, DC 20546-0001.

LSAH program to tailor clinical care for Instructions: All submissions received dosimeter must be assigned to and worn individual astronauts, as well as to must include the agency name and by only one individual. Film badges inform the human systems risks, current docket number or Regulatory must be replaced at least monthly and spaceflight operations, and future Information Number (RIN) for this all other personnel dosimeters that vehicle standards. The comprehensive rulemaking. All comments received will require replacement must be replaced at occupational surveillance program will be posted without change to http://

least quarterly. All personnel dosimeters provide NASA with more www.regulations.gov, including any must be evaluated at least quarterly or comprehensive data that will ultimately personal information provided.

promptly after replacement, whichever contribute to an improved Docket: For access to the docket to is more frequent. understanding of the long-term impact read background documents or

  • * * *
  • of spaceflight. This enhanced program is comments received, go to http://

expected to increase the former U.S.

Dated at Rockville, Maryland, this 3rd day www.regulations.gov.

of March, 2020.

Government astronaut and payload FOR FURTHER INFORMATION CONTACT: specialist participation rate in the For the Nuclear Regulatory Commission. Gwyn E. Smith, Policy Manager, Office occupational surveillance program to Margaret M. Doane, of the Chief Health and Medical Officer, over 80 percent.

Executive Director for Operations. 1-833-996-1685, HQ- Human spaceflight poses significant

[FR Doc. 2020-05295 Filed 3-17-20; 8:45 am] TREATAstronautsAct@nasa.gov. challenges and is full of substantial risk.

BILLING CODE 7590-01-P SUPPLEMENTARY INFORMATION: NASA and its astronauts acknowledge and accept the risks of spaceflight are I. Background beyond those of ordinary daily living.

NATIONAL AERONAUTICS AND NASA currently has a voluntary Participation in long duration missions SPACE ADMINISTRATION medical monitoring program, Lifetime or multiple shorter duration missions, Surveillance of Astronaut Health increases health risks such as, vision 14 CFR Part 1241 (LSAH) program, for all U.S. impairment, bone demineralization, and Government astronauts and payload behavioral health issues. In addition,

[Document Number NASA-20-028: Docket NumberNASA-2020-0001] specialists at the NASA Johnson Space exposure to high levels of radiation and Center (JSC). Once they leave the microgravity can result in acute and RIN 2700-AE51 astronaut corps, former U.S. long-term health consequences that can Government astronauts and payload increase the risk of cancer and tissue To Research, Evaluate, Assess, and specialists rely on workers degeneration and have potential effects Treat (TREAT) Astronauts compensation and other U.S. on the musculoskeletal system, central AGENCY: National Aeronautics and Government programs to provide nervous system, cardiovascular system, Space Administration (NASA). diagnosis and treatment for spaceflight- immune function, and vision.

ACTION: Interim final rule; request for associated conditions. There is no NASA has also seen an increase in comments. formal mechanism for NASA to receive health issues former U.S. Government jbell on DSKJLSW7X2PROD with RULES diagnosis and treatment data on such astronauts and payload specialists face,

SUMMARY

With this interim final rule, conditions. many years after their NASA service.

the National Aeronautics and Space As of November 2019, there are One of the vital tools NASA needs to Administration (NASA) is amending its approximately 250 living former U.S. prepare for future long-duration and regulations to add a new part that will Government astronauts and payload exploration missions is more data on the implement the provisions of the TREAT specialists. The Agency currently health effects humans face in VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\18MRR1.SGM 18MRR1

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