ML20126M518

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Forwards 810513 Fr Excerpt,Amending 10CFR30.15(a)(9) to Permit Exempt Use of Multiple Internal Calibr or Standardization Sources in Ionizing Radiation Measuring Instruments,In Response to Petition for Rulemaking 30-57
ML20126M518
Person / Time
Issue date: 05/29/1981
From: Bernero R
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Mowry W
GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER
References
RULE-PRM-30-57 NUDOCS 8106190053
Download: ML20126M518 (3)


Text

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p maco UNITED STATES

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'o NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D. C. 20555 3

't j 4,*****,o 1001 gv a Mr. W. R. Mowry General Atomic Company P.O. Box 81608 San Diego, Cali fornia 92138

Dear Mr. Mowry:

Enclosed is a notice published in the Federal Register on May 13, 1981, amending'10 CFR 30.15(a)(9) to permit the' exempt use of multiple internal calibration or standardization sources in ionizing radiation measuring instruments.

This amendment is in response to General Atomic Company's petition for rulemaking (PRM 30-57).

Sincerely,

.~ ~- - 4 ??h?J Robert M. Bernero, Director Division of Risk Analysis Enclosure :

46 FR 26471 and 26472 00R @A N PA l

-. 82oo2900 5 3-

PGG Rules and Regulations re N~

Vol. 40. No. 92 Wednesday, hfay 13.1981*

Ttis se:1,on of the FEDERAL REGISTER Regulatory Commission. Washington, measuring instruments containing coma %s fe9 atory documents having D.C. 20555. Telephone: 301/443-5916.

certain internal calibration or

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yneral eppbezbl!y end legal effect, most SUPPLcMENTAnY INFORMATion:On standardization sources under the of wrWeb are keyed to end codified in

' February 25,1981, the Nuclear conditions set forth in 10 CFR 30.15(a)(9) 0 tics pur uart 7o Regulatory Commission published in the would not constitute an unreasonable

, isk to the common defense and security du 5

Federal Register (40 FR 14019) a notice s r

P e Code of Federal Regulations is sold of proposed amendments to lo CFR Part and to the health and safety of the

.C 1510 tf the Supe intendent of Documents.

30 to permit the exempt use of multiple public.

Pnces of new books are listed in the calibration sources in a radiation The Commission has found that the frst FEDERAL REGISTER issuo of each measuring instrument. Part 30 presently amendments set forth below are of a montfL allows the exempt use of only a single minor or nonpolicy nature, do not calibration source in an instrument. The substantially modify existing proposed change to permit use of regulations, and will not constitute an N CLEAR REGULATORY multiple sources would enable users to unreasonabic risk to the common COMMISSION obtain instruments with severalinternal defense and security and to thu health sources so that calibration can be and safety of the public.

10 CFR Part 30 performed on a spectrum of radiation Regulatory Flexibility Certification energies and more reliable Amenifment of Exemption for lonizing measurements can be performed. Also, '

Since this amendment relieves Radiation Measuring instruments the proposed change would enable the persons from present regulatory use of multiple detectors with a single restrictions, the Commission, in AcENCY: Nuclear Regulatory instrument and thus increase the accordance with sec. 005(b) of the Commission.

number of samples measured in a given Regulatory Flexibility Act of1960,5 Action: Final rule.

time period and reduce the cost per U.S.C. 60,(b). hereby certifies that this measurement.

rule will not have a significant economic I

SUMMARY

The Nuclear Regulatory The proposed amendments provided a impact on a substantial numbcr of small Commissior,is amending its rules of period of 45 days for public comment.

entities. Persons with a need for I

Two comments were received.Both instruments with multiple internal general applicability to domestic comments were from manufacturers of calibration sources will be able to licensing of byproduct material so that radiation instruments and urged prompt obtain those instruments without persons exempt from licensing and adoption of final amendments. One of heurring the costs of a specific license, regulatory requirements may receive, the manufacturers also. suggested a Since the following amendment i

use, and transfer ionizing radiation measuring instruments containing minor change in the proposed tdeves rather than. imposes restrictions amendments in order to allow greater under regulations currently in effect, it i

rnuhiple internal calibration or standardization sources of byproduct flexibility in the design of instruments w 11 become effective immediately upon material.The amendment is being that may be used under the exemption.

publication pursuant to 5 U.S.C. 553(d).

' adopted in response to a petition for That suggestion concerned the number Pursuant to the Atomic Energy Act of rulemaking filed by General Atomic of radionuclides that could be contamed 1954, as a nended, the Energy Company to permit distribution to in a sing!c source or instrument. As Reorgan!zation Act of1074, as amended, exempt persons of multipla function indicated by the manufacturer, from the and sections 552 and 553 of title 5 of the instruments inwcrtant to monitoring standpo!nt of health and safety the United States Code, the following radiation and radioactive materials in limitation of significance is the number amendment of Title 10, Chapter 1, Code and around major nuclear facilities.The of exempt quantities in a single source of Federal Regulations, Part 30,is action relieves all persons from the or a single instrument and the number of published as a document subject to different radionuclides is not significant. codification.

requirement to obtain a specific license to the extent that they receive, use, and The Commission agrees that the transfer ionizing radiation measuring proposed amendments were PART 30-RULES OF GENER AL i

instruments containing for purposes of unnecessarily restrictive with respect to APPLIC ABILITY TO DGil,ESTIC the number of radionuclides that may be LICENSING OF BYPRODUCT interna 1 calibration or standardization, sources of byproduct material each not used in an instrument and the final rule MATERIAL does not limit an instrument to one exceeding the pertinent exempt quantity. An instrument may contain a exempt quantity of a particular

1. In i 30.15, paragraph (a)(9) is radionuclide. Except for this change to revised to read as follows:

total of 10 cxempt quantities of allow greater flexibility in choice of byproduct material. The amendment g

should be ofinterest to manufacturers radionuclides, the final amendment is byproduct material substantially the same as the proposed and users of ionizing radiation

. (8),,,

amendments.

rnessuring instruments.

In the preamble to the final rule (9) lonizing radiation measuring EFFtcTivt D ATE:May 12.1981.

published in the Federal Register on instruments containing, for purposcs of FOR MmTHEn mFORMAtl0N CONT ACT:

April 22,1970 (35 FR Gt27), the internal calibration or standardization, Mr. D. A. Smith. Office of Nuclear Commission found that the exemption one or more sources of byproduct Regulatory Research, U.S. Nucicar from licensing of ionizmg radiation materiah Provided, That:

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i 2M72 ~

Federal Register / Vol. 40. No. 92 / Wednesday. May 13.1%1 / Rules and Re?,ulations (i) Eac5 source'contains no rnore than. FOR FURTHER INFORMATION CON 7ACT:

directly or Indirec11y from Denmark. On -

F one exempt quantity set forth in i 30.71 Lamoat L.Reese. Associate Director.

December 29.1936. T.D. 48734 modified

'g Schedule B. and hiarket Surveillance Section.

this prior order, restricting its (ii) Each instrument contains no more Commodity Futures Trading application to butter exported indirectly than 10 exempt quantities. For purposes Commission. 2033 K Street. NW..

from Denmark on or efier November 10.

3 of this paragraph (a)(9), an instrument's Washington. D.C. 20581. Telephone 202-1935. On hiay 19.1975, a " Final source (s) may contain either one type or 254-3310..

Countervailing Duty Determination' en different types of radionuclides and an Issued in Washington, D.C.. on May 8.1981.

dairy products from the European 5

individual exempt quantity may be Jeco A.Webb.

Communities ("the EC"), including 2

i' composed of fract,onal parts of one or pyj,uty Secretary of the Commodity futures butter from Denmark. T.D.75-113. was.

i more of the exempt quantities in i 30.71.

Trading Commission published in the Federal Register (40 FR.'

Schedule B. provided that the sum,of p oo,-w rw s-t -se e es al 21719). On blarch 20,1931 the such fractions shall not exceed unity.

,ma coes n3,_0'-M Department of Commerce ("the D partment"} published the preliminary.

(Secs St.161b. Pub. L 703. ca Stat. 935.

results of its administrative review and 948 (4: U.S.C. 2111. 2r01b): s ec. :01, Pub. L DEPARTMENT OF COMMERCE a tentative determination to revoke the 91-430. ca Stat.1212. Pub. L M-73. e9 Stat..

413 (4 U.S C. 5841)

Internation'alTrade Administration countervailing duty order (46 FR 17819).

w Dated at Bethesda. Md. this 30th day of Scope of the Review f-19 CFR Part 355 Aprl!.1981.

Impcris covered by this revlew are i

For the Nuclear Regulatory Commission.

Duh Nn DwnaN Rnal Rescs of butter imported indirectly from i

g.g. tam J. Dircks' Administrative Review and Revc= tion Dentnark. Such im; orts are currently r

Ewcutis e D.hctorfor Operations.

of Countervoiling Duty Order classifiable under items 110.00-110.25, A

i Tariff Schegules of the Uniteg States.

lnt Doc. 81-14 W rJed s-12-81. E to am)

AGENCY:InternationalTrade The review covers the period January 1.

5 cac cces nso.ei-u Administration, Department of 1973 to the present.

Commerce.

ACwoN: Notice of FinalResults of In the preliminarf results of the g

COMMODITY FUTURESTRADING Administrative Review and of review we concluded that the imported COMMISSION Revocation of Countervailing Du y merchandise no lor.ger benefits frorn c

subsidies from the Government of Cl 17 CFR Parts 15,16,17,18, and 21

Order, Denmark and that entries of this l

SUMMARY

On h1 arch 20.1981. the merchandise remained covered by the i

I Deliveries and Exchanges of Futures Department of Commuce publish in 1975 countervailing duty order on dairy

/

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f or Physterl.; ReportinD Open the Federal Register a nottce of products from the EC. Interested parties

. Positions

- ' Preliminary Results of Admims: nve were afforded an opportunity to furnish AGENCY:Commoklity Futures Trading Review of Countervalling Duty Cruar oral or written comments. We received

(

and of Tentative Determination Revoke with respect to butter [=.

comments from one party objecting to Commission, both of these concl.isions, but they were-.

l P

t ACnON: Final rule; deferral of effective Denmark. Reasons for the tenta:we 3y 3 p

date.

determination were given in the nm:ee g.

SUMMARY

On hiarch 25,1981, the and interested parties were afterum:. an Final Results of the Review f

Commission published in the Federal opportunity to present written er mi As a result of the review,we conclude t

Register amendments to Parts 15 through comments. The Department recemn:

that the imported raierchandise no longer #

21 of its reporting regulations which, written comments from one parar benehts from net s.ibsidies from the c

among other things, would require objecting to the revocation, but nese Government of Denmark.Therefore,inX

(

futures commission merchants ( FChis,,)

were subsequently withdrawn.

acMam 4iMWMMN.

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to report delivery notices and exchanges Therefore, the Department is revocmg Commerce Regulations. the Departrnent,,,

of futures for physicals to the the order on the grounds that th, revokes the countervailing duty order '

Commission. (40 FR 18528. h1 arch 25.

Government of Denmark has e'.imunated concerning butter from Dentnark (T.D.

[(

1081).These revisions were to have the subsidy and that this product 47000, as modified by T.D. 48734) with been effective hiay 15.1981. Ilowever.

remains covered by the order en.u y several FChis have encountered products from the Eu opean respect to all merchandise entered, or withdrawn from w arehouse, for g

problems in making computer Communities.

consumption on or aftcr h! arch 20.1031.

programming changes by hlay 15,1081 EFFECTIVE DATE: hiay 13.1981.

There are no knawn unliquidated g

that are necessary in order for them t FOR FURTHER INFORMATION COC.C*:

entrics of this mer:handise entered, or comply with the new requirements.

Paul J. hicGarr, Office of Com;Gn.nc.

withdrawn from warchoase, for

['

The Commission has determined that Room 1126. International Trade a deferral of the effective date would Administration, U.S. Department ni consumption prior to hf ay 19.1975. the allow compliance with tlye new Commerce. Washington. D.C. CC.0 date of publication of the countervaihre requirements while catqg no (202-377-11G7).

duty order on dairy products fro n tl.n c

EC. Entries on or after May 19.19 3 nre significant loss of surveu;ance suPPIIntNTARY INFORM ATION:

Information.

subject to the waiver of that order.T.D.

D At t: Ar.ardingly, notice is hereby Procedural Background 73 334 (49 }.R 2172).Th; Customs E ven that the cliective date of the On September 28,1933. in TO. -CS, Service shall cont.nue to hq.ddate all l

above changes has been pos*poned10 the Department of the Treasur'.cmosed entries without regard to countervaihns

/

J june 12.1981.

countervailing duties on butter imzotted duties.

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