ML20148G598
| ML20148G598 | |
| Person / Time | |
|---|---|
| Issue date: | 10/30/1980 |
| From: | Henry J NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | NRC OFFICE OF STANDARDS DEVELOPMENT |
| References | |
| FRN-45FR39519, RULE-PRM-71-8 45FR39519, NUDOCS 8011120579 | |
| Download: ML20148G598 (2) | |
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DISTRIBUTIO E inogue SD r/f o
RGSmith SD ALPHA FILE j
GAArlotto Central File RJJones JCMalaro OCT 3 0 90 JJHenry JDPhilips, DRR 2
RH0degaarden, HMSS Doc eting & Service Branch i
PRM 71-8 I
i ME!!ORAMOUM FOR: Files THRU:
James C. Malaro, Chief, TPSB, ES, 50 i
FROM:
Janes J. Henry, TPSB, ES, SD j
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SUBJECT:
DETERMD:ATION OF PETITION l
r On June 11, 1930, a notice was published in the Federal Register (45 FR 39519) that Foster Wheeler Energy Corporation, by letter dated March 10, 1980, had filed with the HRC a petition for rulemaking.
j The petitioner requested that the Commission exempt persons licensed under 10 CFR Part S4 for industrial rndiography from the provision of if CFR 71.12(b)(1)(i) requiring that such persons have a copy of all docu1ents referred to in the specific license, certificate of compliance, or other approval authorizing use of a package for shipment of licensed material uhen using thht package pursuant to the general license in 10 CFR 71.12.
T:ie Comission's regulation 10 CFR 2.603, " Determination of petition,"
states:
"No hearing will be held on the petition unless the Comission deems it advisable." There are no factors known at this time that would lead the staff to recommend the Commission hald an informal hearing at chich interested persons may be heard. To date, the Comission has t
afforded interested persons an opportunity to participate in this rule-i making proceeding through the submission of statements, information, opinions, and arguments in response to the notice of receipt of petition 7
for rulemaking. Three coments have been received to date on this petition for rulemaking, all supporting the petition.
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10 CFR 2.003 also states:
"If the Comission determines that sufficient l
reason exists, it will publish a notice of proposed rulemaking." Staff
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review of the petitionet's letter and the three letters of coment indicotes
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that no one has provided sufficient reason to grant the petitioner's request.
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Finally, 10 CFR 2.803 states:
"In any other case, it will deny the petition l
and will notify the petitioner with a simple statement of the grounds of I
denial." Staff evaluation of the factors involved indicates that the petition
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for rulemaking PRM 71-8 should be denied on the grounds that, in the case of
,l radiographic exposure devices designed and constructed fcr transport of by-product material in special form, persons licensed for radiography need the 1
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2 documents in the applica!. ion for a certificate that set out the package description of damage sustained in evaluation of the package under both the norual and the hypothetical accident conditions of transport to be able to:
(1) acke routine determinat1ons pricr to cach use of the package that the packaging has not been significcntly daiaaged; and (2)reportany i
i instcnce in which there is substantial reduction in the effectiveness of the packaging during use.
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JAMES J.HEKRY Ja:.es J. !'enry l
Transportction & Product Standards Crtnch Office of Standards OcVelopment i
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NRC Form 3180 (4 79) NRCM 0240 '
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