ML20149K801

Notice of OMB Review of Info Collected Re Proposal for Reduction of Info Collection Requirements Under Provisions of Paperwork Reduction Act of 1995

ML20149K801
Person / Time
Issue date:	09/25/1996
From:	Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
Shared Package
ML20149C780	List: ML20149E517 ML20149E738 ML20149E813 ML20149F728 ML20149F764 ML20149K210 ML20149K254 ML20149K713 ML20149K731 ML20149K739 ML20149K745 ML20149K753 ML20149K763 ML20149K772 ML20149K781 ML20149K786 ML20149K790 ML20149K793 ML20149K797 ML20149K801 ML20149L465 ML20149L471 ML20149L587 ML20149L609 ML20149L695
References
FRN-61FR52388, RULE-PR-20, RULE-PR-32, RULE-PR-35, RULE-PR-36, RULE-PR-39 AF46-1-029, AF46-1-29, NUDOCS 9707300163
Download: ML20149K801 (19)

Text

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[7590-01-P]

! NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements;-

Office of Management and Budget (0MB) Review

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of the OMB review of information collection.

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SUMMARY

The Nuclear Regulatory Commission has recently submitted to OMP for review the following proposal for a reduction of infor nation

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l collection requirements under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). I

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4 1. Type of submission: Revision.

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2. The title of the information collection

Proposed amendments to 10 CFR j Parts 20, 32, 35, 36, and 39, " Minor Corrections, Clarifying Changes, and a Minor Policy Change."

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3. The form number if applicable: Not Applicable.

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4. How often the collection is required: On occasion.

5. Who will be required or asked to report: NRC licensees.

9707300163 970711 PDR PR 20 61FR52388 PDR 9 7b? 3 oc/6S

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6. An estimate of the number of responses: 250

7. The estimated number of annual respondents: Approximately 100 NRC reactor licensees and 150 NRC materials licensees would be effected by this proposed reduction of information collection requirements.

8. An estimate of the total number of hours needed annually to complete the requirement or request: Reduction of 250

9. Section 3507(d), Pub.L. 104-13, applies to this action.

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10. Abstract: The Commission is proposing to reduce the existing information collection requirements by revising the following sections of 10 CFR Part 20:  ;

10 CFR 20.1906(d)-Licensees would be required to notify only the NRC Operations Center when radiation levels exceed regulatory limits upon receiving and opening packages, rather than the 3-tiered reporting of such incidents that is currently required.

10 CFR 20.2202(d)(2)-All NRC licensees, not just power . reactor licensees, would be permitted to submit incident reports only to the NRC Operations Center and only by telephone. Currently, this l

section requires that power reactor licensees submit reports to the i

j NRC Operations Center, but all other licensees are required to submit both a telephone report to the NRC Operations Center and a telegram, mailgram, or facsimile to the Regional Office.

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l Submit, by (insert date 30 days after publication in the Federal Register),

comments that address the following questions:

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1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? ,

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2. Is the burden estimate accurate? l

3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

4. How can the burden of the collection of information be minimized, including the use of automated collection techniques or other forms of information technology?

A copy of the submittal may be viewed free of charge at the NRC Public Document i

Room, 2120 L Street NW. (lower level), Washington, DC. The proposed rule is or l l

has been published in the Federal Register within several days of the publication date of this Federal Register Notice. Instructions for accessing the electronic OMB clearance package for the rulemaking have been appended to the electronic rulemaking. Members of the public may access the electronic OMB clearance package by following the directions for electronic access provided in the I preamble to the titled rulemaking. I Comments and questions should be directed to the OMB reviewer by (insert 30 days ]

l after publication in the Federal Register): j

J i l

Edward Michlovich  ;

Office of Information and Regulatory Affairs (3150-0014)

NE08-10202 Office of Management and Budget i

Washington, DC 20503. i l

Comments can also be submitted by telephone at (202) 395-3084.

The NRC Clearance Officer is trenda Jo. Shelton, (301) 415-7233.

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. Dated'at Rockville, Maryland, this 25th day of September , 1996.

For the Nuclear Regulatory Commission.

/Si i Gerald F. Cranford, Designated Senior Official for Information Resources Management.

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'* See' Previous Concurrence To receive e copy of thle document, Indicate in the box: 'C' = Copy without attachtnent'en{loeiwe *E' = Copy with attachment / enclosure 'N' = po copy I

0FFICE DRA/RPHEB DRA/RPHEB l IRM/IRMB OGC l IRM/IPh NAME JMcCausland JGle.nn_ BShelton ,_

GFehst GCra h rd DATE- 07/ * /96 07/ * /96 09/ /96 09/ /96 09/Af/96 0FFICIAL RECORD COPY

, . . . . . - . . . . . ~ . -. . - . _ . . . _ . . - . - - . . . . . - - . . - . . . - . - _ . . . _ _ . - _ . - _ -

i' . .

' Peter Francis j Office of Information and Regulatory Affairs ,

j (3150-0014)

NE08-10202

. Office of Management and Budget l

Washington, DC 20503.

Comments can also be submitted by tel one at (202) 395-3084.

I The NRC Clearance Officer is Br da Jo..Shelton, (301) 415-7233. j Dated at Rockville, Maryl d, this day of , 1996.

For the Nuclear Regislatory Commission.

Gerald F. Cranford, Designated Senior Official for Information Resources Management.

1 DRA:RPHEB DRA:RPHEB R D A' R IRM/IRMB 0GC - IRM JMc usi nd JGle BM s DM rison BShelton ~M CCranford 07// /96 07/tr/96- /96 / /96 / /96 q /f /96 / /96

Edward Michlovich Office of Information and Regulatory Affairs (3150-0014)

NE08-10202 Office of Management and Budget j Washington, DC 20503.

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Comments can also be submitted by telephone at (202) 395-3084.

l The NRC Clearance Officer is Brenda Jo. Shelton, (301) 415-7233.

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7 Dated 'at Rockville, Maryland, this M day ofw @ , d % , 1996.

J i For the Nuclear Regulatory Commission.

Gerald F. Cranford, Designated Senior i 1 Official for Information Resources Management.

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i Supporting Statement for 10 CFR Parts 20, 32, 35, 36, and 39

" Minor Corrections, Clarifying Changes, and a Minor Policy Change" i (3150-0014)

A. JUSTIFICATION

1. Need for and Practical Utility of the Collection of Information

. Currently under the prompt notification requirements in i 20.1906(d), i licensees are required to notify (1) the final delivery carrier and (2) the appropriate NRC regional office by telephone and telegram or facsimile or mailgram upon receiving and opening packages when radiation levels exceed regulatory limits. In i 20.2201(a)(2), licensees are required to provide initial reports of theft or loss of licensed- ,

material to the NRC Operations Center by telephone. .In i 20.2202(d)(2), '

all licensees other than power reactor licensees, who are required to submit incident reports to the NRC Operations Center only, must~ submit incident reports to (1) the NRC Operations Center by telephone and (2) the appropriate regional office by telegram, mailgram, or facsimile.

The NRC does not believe that there is a need to retain these different points of contact in the initial notification procedures and that the proposed changes are merely conforming in that they make the notification requirements in il 20.1906 and 20.2202 consistent with 5 20.2201. Also, licensee procedures would be somewhat simplified, and their burden slightly reduced, if 10 CFR 20.1906(d) and.20.2202(d)(2) were revised to have the same reporting requirement as in 20.2201(a)(2);

namely, that licensees would provide the initial notification only to the NRC Operations Center and only by telephone.

The information collection requirement changes are as follows:

a) In i 20.1906(d), a revision would require licensees to notify the NRC Operations Center, instead of an NRC Regional office, up'on receiving and opening packages when radiation levels exceed regulatory limits.

b) In i 20.2202(d)(2), all NRC licensees, not just power reactor licensees, would be permitted to submit incident reports only to the NRC Operations Center and only by telephone.

The NRC believes that, since the Duty Officers are dedicated to the Operations Center 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, they would be the logical choice for initial notification. Written followup procedures would not be effected by these changes.

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2. Agency Use of Information The current regulations require multi-tiered reporting procedures under i 20.1906(d) whereby licensees must immediately notify the final delivery carrier and, by telephone and telegram, mailgram, or facsimile, the Administrator of the appropriate NRC Regional Office for early detection of faulty packages with surface radiation contamination levels {

exceeding regulatory limits. In i 20.2202(d)(2), the duplicative 1 reporting procedures that currently require power reactor licensees to i submit reports to the NRC Operations Center, but require all other i licensees to submit both a telephone report to the NRC Operations Center and a telegram, mailgram, or facsimile to the Regional Office, are used to track licensees' control over radioactive material and limit the consequences of any demonstrated breakdown of this control. Under the proposed rule, the written report to the Regions would be eliminated.

3. Reduction of Burden Through Information Technology NRC encourages the use of information technology whenever possible.

However, NRC is proposing to eliminate repcrting requirements.

Therefore, the use of technology is not appropriate for this application.

4. Effort to Identify Duplication and Use Similar Information The multi-tiered reporting requirements that are proposed for deletion cause unnecessary duplication of effort and would be corrected by requiring a single point of contact for prompt notification as already specified in 5 20.2201.

5. Effort to Reduce Small Business Burden Relaxation of these information collection requirements represent a reduction in small business burden to the extent that small businesses have a need to report under the prompt notification sections of the NRC regulations. ,

6. Consequences to Federal Program or Policy Activities if the Collection is not Conducted or is Conducted Less Frequently-This rule change actually reduces burden by no longer requiring a 1 written report. However, if the verbal collection is conducted less I frequently or not at all, NRC may not be aware of potential radiation hazards and may not be able to adequately protect health and safety of the public.

7. Circumstances Which Justify Variation From OMB Guidelines I

,,are are no variations from OMB guidelines.

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8. Consultations outside the NRC None. The proposed rule requests public comments. If any comments are received, they will be addressed in the final rule.

9. Payment or Gift to Respondents '

Payment or gift to respondents is not applicable.

10. Confidentiality of the Information Confidentiality of information is not applicable,

11. Justification for Sensitive Questions Justification for sensitive information is not applicable

12. Estimated Burden and Burden Hour Cost

The burden on licensees for implemcnting these information collection requirements is estimated as follows

Approximately 250 licensees per year contact the NRC Operations Center by telephone and the Regional Office by telephone and/or mailgram, telegram, or facsimile under the  !

prompt notification requirements in 10 CFR 20.1906, 20.2201, and 20.2202. Preparing the written reports is estimated to require 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />

, per report. The savings would be 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br /> per year. The cost of this I reporting requirement to the industry is 100 reports from reactor licensees times I hour / report times $128/ hour, or $12,800, and 150 reports from materials licensees times I hour / report times $120/ hour, or I

$18,000. )

1 The total cost to industry for complying with thesa information collection requirements is estimated to be approximately $30,800/ year.

The NRC is proposing to delete the requirement for licensees report both in writing and by telephone call to the Regional Offices and NRC Operations Center, with a resultant estimated savings of $30,800 with no l known impact on public or worker health and safety. '

13. Estimate of Other Additional Costs l

There are no other additional costs.

14. Estimated Annualized Cost to the Federal Government

The NRC staff estimates that there are approximately 250 NRC licensees who make telephone reports and mailgram, telegram, and facsimilie reports to the NRC under under the prompt notification requirements found in 10 CFR 20.1906, 20.2201, and 20.2202 each year. The elimination of the requirement for the regions to receive and process the telephone and written reports, spending approximately 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> processing the written report, would result in a savings to the NRC of approximately 125 staff hours. The cost to the NRC to fulfill this

, redundant requirement would be approximately 125 staff hours at

$128/ hour or $16,000/ year.

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In addition, the NRC inspector reviews the records to determine compliance with the prompt notification requirements on an average of 2

every two years. A review takes approximately 0.1 hours1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />. If every two years, about 125 reports are reviewed at $128/ hour for 12.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />, or

$1,600/ year.

The estimated total annualized cost to the Federal Government is l

$17,600. NRC costs are fully recovered through fee assessments to NRC l

, licensees pursuant to 10 CFR Parts 170 and/or 171.

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15. Reasons for Changes in Burden or Cost l

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The reason for the change in burden is the elimination of the  !

requirement for different points of contact in the initial notification procedures. The proposed changes are conforming in that they make notification requirements in 55 20.1906 and 20.2202 consistent with 5 20.2201 and would somewhat simplify licensee procedures if these I j sections were to have the same reporting requirement as in 20.2201(a)(2) l 7

that requires licensees to provide initial notification only to the NRC i i

Operations Center and only by telephone. l 4

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16. Publication for Statistical Use Publication for statistical use is not applicable.

i a 17. Reason for not Displaying the Expiration Date The requirement will be contained in a regulation. Amending the Code of i Federal Regulations to display information that, in an annual

, publication could become obsolete, would be unduly burdensome and too

! difficult to keep current.

i 18 Exceptions to the Certification Statement 4

This is not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS 1

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This is not applicable.

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M t PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, hoom 10102,72517th Street NW, Washington, DC 20503

1. Agency / Subagency originating request 2. OMB control number U.S. Nuclear Regulatory Commission a. 3150 - 0014 b. None J Type of information collection (eheck onel 4. Type of review requested (check onel

a. New collection X a. Regular submission c. Delegated X b. Revision of a currently approved collection b. Emergency - Approval requested by (date):

c. Extension of a currently approved collection 5. Will this information collection have a a. Yes significant economic impact on a

d. Reinstatement, without change, of a previously approved collection for which approval has expired substantial number of small entities? X b.No

e. Reinstatement, with change, of a previously approved collection for which approval has expired Requested

a. Three years from approval date

f. Existing collection in use without an OMB control number 6 expiration date X b. Other (Specify): 05/31/99

7. Title 10 CFR 20, Standards for Protection Against Radiation

8. Agency form number (s) (if app // cable)

NA

9. Keywords Byproduct Material, O pational Safety and Health, Radiation Protection

10. Abstract NRC is amending its regulations to eliminate the requirement for materiallicensees to provide written notification to NRC regional offices upon receiving a package in which radiation levels exceed regulatory limits. Proposed Rule,10 CFR Parts 20, 32, 35, 36, and 39, Minor Corrections, Clarifying Changes, and a Minor Policy Change.

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11. Affected pubhc tMark pnfmary with *P* amt aR ethers rhar apply w,th 'X*) 12. obhgatson to respond IMark prirmvy with 'P'and an others that appfy with X~I

a. Indmduals or households d. Farms a. Voyntary P b. Business or other for-profit e. Federal Government b. Required to obtain or retaan benefits X c. Not for-profit institutions X f. state, L.ocal, or Tribal Government X c. Mandatory

13. Annual reporting and recordkeeping hour burden 14. Annual reporting and recordkeeping cost burden en thousands of donars/

a. Number of respondents 773 a. Total annuahred capital /startup costs

b. Total annual responses 473 b. Total annual costs (O&M)

1. Percentege of these responses c, Total annualized cost requested o l l

collected electronically 9  % d. Current OMB inventory '

c. Total annual hours requested 209.605 e. DJf erence o i

d. Current oMB inventory 209.605 f. L*anation of difference

e. Difference o 1. Program change '

f. Explanation of difference 2. Ad ustment i

1. Program change

2. Adgustment

15. Purpose of information collection 16. Frequency of recordkeeping or reportin (Check a# that apply 1 l IMart prirnary with *P' and an others that apply with 'X") X a. Recordkeeping b. Thstd party disocsure

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a. Apphcation for benefits e. Program planning or management X c. Reporting

b. Program evaluation f. Research X 1. on occasion 2. Weekly 3. Monthly

c. General purpose statistics p g. Regulatory or comphance 4. Quarterty 5. serni-annually X 6. Annually

d. Audit 7. Beennially 8. other (describe)

17. statistical methods Agency contact (person do can ben answer quenes regaWg Me j g* content of this submission) ooes this information collection employ statistical methods?

Name: Jayne M. McCausland Yes X No Phone: (301) 415-6219 OMB 83-1 1o/95 l

i 19. Certification for Paperwork Reduction Act Submissions  !

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On behalf of this Federal agency,I certify that the collection ofinformation encompassed by this request complies ~

with 5 CFR 1320.9.

3 j NOTE: He text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as setforth in the

} instructions.

I He followingis a summary of the topics, regarding the proposed collection ofinformation, that the certification cove ~:

4 (a) It is necessary for the proper performance of agency functions; (b) It avoids unnecessary duplication; 1

j (c) It reduces burden on small entities; (d) It uses plain, coherent, and unamhiguous termmology that is understandable to respondents;

, (e) Its implementation willbe consistent and compatible with current reporting and recordkeeping practices; (f) It indicates the retention periods for recordkeeping requirements; j (g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

(i) Why the information is being collected;

(ii) Use ofinformation;

} (iii) Burden estimate; l (iv) Nature of response (voluntary, required for a benefit, or mandatory);

i_ (v) Nature and extent of confidentiality; and

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4 (vi) Need to display currently valid OMB control number; (h) It was developed by an office that has planned and allocated resources for the efficient and effective

management and use of the information to be collected (see note in Item 19 of the instructions).

, (i) It uses effective and efficient statistical survey methodology; and

(j) It makes appropriate use ofinformation technology.

l If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in j Iteta 18 of the Supporting Statement.

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of Se Ofpiat Date A Ysignee,J

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52388 Fed:r:1 Regist:r / Vol. 61, No.195 / Monday, October 7,1996 / Proposed Rules

((k Health laspection Service has (C) Southern Cross Ranch (horses Dehver conunents to: 11555 Rockville determined that this action would not only),1670 Bethany Church Road, Pike, Rockville, Maryland, between 7:45 have a significant economic impact on Madison, GA 30650, (706) 342-8027. am and 4:15 pm Federal workdays, a substantial number of small entitles. . . . . . Copies of the supporting statement Executive Order 12372 Done in Washington, DC, this 1st day of submitted to OMB and comments October 1996. received may be examined at the NRC This program / activity is listed in the A. Stnting, Public Document Room at 2120 L Street Catalog of Federal Domestic Assistance Acting Admmistmtor, AnimalandPlant NW,(Lowerlevel) Washington,DC.

under No.10.025 and is sub}ect to Health Inspection Service. For information on submitting Executive Order 12372, which requires (FR Doc 96-25638 Filed 10-04-96; 8:45 aml comments elehnicah, se th intergovernmental consultation with discussion under Electronic Access in State and local officials. (See 7 CFR part the Supplementary Information section.

3015, subpart V.) FOR FURTHER INFORMATION CONTACT:

Executive Order 12988 NUCLEAR REGULATORY I ' "

This proposed rule has been reviewed COMES10N la ry SN Regulatory Commission, Washington, under Executive Order 12988, Civil DC 20555, telephone (301) 415-6219, e-Justice Reform. If this proposed rule is 10 CFR Parts 20,32,35,36,39 mail JMM20nrc. gov.

adopted: (1) All State and local laws and RIN 3t$0-AF46 regulations that are inconsistent with this rule will be preempted;(2) no Minor Corrections, Clarifying Changes, On May 21,1991 (56 FR 23360), a retroactivo effect will be given to this and a Minor Policy Chan9' final rule was published in the Federal rule; and (3) administrative proceedings AGENCY: Nuclear Regulatory Register that amended to CFR Part 20 will not be required before parties may Commission. t update the NRC's " Standards for file suit in court challenging this mle. " ^8* * "

ACTION: Prop sed rule.

Paperwork Reduction Act Su uent amendments were

SUMMARY

Tho Nuclear Regulatory Publis ed to (1) change the mandatory This proposed rule contains no Commission is proposing to amend its im lementation date to January 1,1994, information collection or record) eeply regulations to make minor corrections an make conforming changes to the requirements under the Paperwork and clarifying changes to the standards text to reflect the new implementation Reduction Act of1995 (44 U.S.C. 3501 for protection against radiation. The date (57 FR 38588; Augus' "6,1992),(2) et seq.). proposed amendments would also remove or modify provisions to reflect List of Subjects in 9 CFR Pari 91 cn o r t eg y{ ed S s f r to on Animal diseases, Animal welfare- Against Radiation"(58 FR 67657; protection requirements. In addition, a Exports, Livestock, Reporting and December 22,1993), and (3) restore minor policy change is proposed that recordkeeping requirements

• Provisions inadvertently removed or Transportation.

would revise the monitoring criterion for minors from 0.05 rem (0.5 mSv) to modified (59 FR 41641; August 15 Accordingly,9 CFR part 91 would be 0.1 rem (1 mSv) in a year and for 1994; and 60 FR 20183; April 25,1995).

amended as follows: declared pregnant women from 0.05 rem

• " E tfon 1mino co ions d PART 91--4NSPECT10N AND HANDLING OF LIVESTOCK FOR eif [e""R is g clarifying changes to the NRC regulation monitoring criterion would not, in any f r greater clarity and to further EXPORTATION facilitate implementation. The proposed way, raise the dose limit for declared

1. The authority citation for part 91 Pregnut women and minors. Licensees rule would also make conforming would continue to read as fellows: would still be required to ensure that amendments to 10 CFR Parts 32,35,36,

• and 39. In addition, a minor licy Authority: 21 U.S.C.105,112.113,114a change is proposed that wou revise 120,121.11th,134f,136,136a, si2, ets, ' o sn tex d a d 614,618; 46 U.S.C. 466a,486b: 49 U.S.C. that the dose limit of 0.5 rem (5 mSv) the monitoring critenon forinims from 1509(d); 7 CFR 2.22,2.80, and 371.2(d). for declared pregnant women is not 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) exceeded during the riod of their in a year and for declaredPregnant

2. In $ 91.14, para phs (a)(3) pregnancy. The dose imit for the w men from 0.05 rem (0.5 mSv) to 0.1 through (a)(17) wou d be rede,signated tem (1 mSv) durin their ancies.

embryo / fetus is unchanged. ' Ibis as paragraphs (a)(4) through (a)(18), and pro This p oposed e wou ake the rule is necessary to inform the a new paragraph (a)(3) would be added

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c of these minor changes to the g3)$*hfg" Definitions'"

to rea as follows.

NRC's regulations and invite comments, clarifying changes and minor

$ 91,14 Ports of emberkation and export DATES: Comment period expires inspection facuttles. corrections would be made to the Deceluoer 23,1996. Comments received following:

(a) * *

• after this date will be considered ifit is (a) The term " Airborne radioactivity (3) Georgia. practical to do so, but the Commission area" would be replaced with " Airborne (i) Atlanta Hartsfleid International is able to assure consideration only for radioactive material area" to clarify that Airport. comments received on or before this radioactivity is a property of matter and, (A) Atlanta Equine Complex,1270 date. as such, cannot be airborne. A Woolman Place, Atlanta, GA 30354, ADDRESSES: Mall written comments to: confonning change would also be,mah . . ,

(404) 767-1700. Secretary, U.S. Nuclear Regulatory in $ 20.1902(d) to permit licensees the (B) Tumbleweed Farm (horses only), Commission, Washington, DC 20555- option of either using the current signs 1677 Buckner Road, Mableton, GA 0001; Attention: Docketing and Service or postin 30059,(770)94S-3556. Branch. change. g new signs to reflect this l

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Federal Register / Vol. 61 No.195 / Monday, October 7,1996 / Proposed Rules 52389 (b) The definition of" Declared (7) In S 20.1501(a)(2)(lii), the phrase conform to the proposed amendment in pregnant woman" would be revised to "The potential radiological hazards that $ 20.1003.

specify that the written declaration of could be present" would be revised to (11) In 6 20.1903, a new paragraph pregnancy would be given to the read "'Ibe potential radiological would be added to exempt teletherapy licensee. Tin, ts necessary to ensure that heards" to remove the r> duor%ncy. rooms in a hospital from posting the licensee responsible for work (n)In $ 20.1502, the we da "hom requirements as long as access is assignments involving exposure is radiation sources under the control of controlled to prevent the exposure of aware of the declaration of pregnancy so the licensee" would be added after workers, other patients, and members of that appropriate dose restriction can b. " exposure to radiation" in paragraph (a) the public to radiation. The purpose of imposed. The change would also specit 3 improve clarity ard to make it clear this change is to bring the regulation the duration of the ef%tiveness of a :at a licensee is not responsible for into conformity with existing licensing woman's declaration. sources not under its control. practices which avoid the unwarranted (c) The term " Eye dose equivalent" (9)In S 20.1509 (a)(2) and (b)(2), and potentially unsettling effect that (EDE) would be replaced with "Iens monitoring reqm.wnts are stated as " GRAVE DANGER, VERY lilGH dose equivalent"(LDE) to avoid ,

one-tenth of a pm.ablo limits for a year RADIATION AREA" signs may have on confusion between the initialisms for i for minors an pregnant women, even patients, dose to the lens of the eye and effective ' though the dose limits referenced in (12)In $ 20.1906(d), a revision would dose equivalent (EDE). Paragraph (a)(2) apply for an entire year require licensees to notify the NRC

(d) The definitions of "High radiation to minors while the dose limit Operations Center,instead of an NRC area" and "Very high radiation area" referenced in paragraph (b)(2) applies Regional Office, upon receiving and would be revised to make it clear that nly to the honth gestation period of opening packages when radiation levels these area designations are based solely a declared pregnant worsn. These exceed regulatory limits. This would on radiation levels from sources Paragraphs would be separated and provide for consistency within the extemal to an individual wH may revised accordingly to make this section prompt notification requirements consistent with $ 20.1208 and contained in $ 20.2201. A conforming receive the dose.

(e) The definition of"Ind;,; dual technically correct. In addition, the change also would be made to the criterion for monitoring minors and prompt notification requirements in monitoring devices" would be revised declared regnant women would be to correct the terminology for 620.2202.

changed or minors from 0.05 rem (0.5 (13)In 9 20.2101, a revision would thermoluminescence dosimeters. mSv) to 0.1 rem (1 mSv) in e year and permit bcensees to include both the (2)In $ 20.1101(b), the word ecial) units for declared pregnant women from 0.05

, Practicable would be changed t rem (0.5 mSv) to 0.1 rem (1 mSv) during new of dose SIonunits and records the old (s[by this require part.

practical to remove the basis for an their pregnancies. This change would Each of the recorded dose quantities incorrect perception among some constitute a smalllicensee burden would be recorded in the appropriate licensees that, by using the wori reduction with no loss in worker health special unit and, if so desired, followed practicable' in this section, the NRC is and safety. The conservative approach by the appropriate SI unit in requiring licensees to use any dose currently in use has resulted in the parentheses. The term " eye dose averting technique that is capable of following problems: equivalent" would be replaced by " lens being used even if the techmque is (a) The value is not consistent with dose equivalent" to conform to the unproven or impractical. the 0.1 rem (1 mSv) dose limit for proposed amendment in $ 20.1003.

(3) In $$ 20.1201 (a)(2)(1) anu sc); members of thu public in S 20.1301(a). It (14) In S 20.2106 (a)(2) and (a)(3), the 20.1203; 20.2101; 20.2106(a)(1); and is not appropriate to require monitoring references to " body burden" duld be 20.2202 (a)(1)(li) and (b)(1)(li), " eye of workers who are expected to receive remov6d because this term is obsolete dose equivalent" would be replaced by less dose than is and is not deUned in revised to CFR d " lens dose equivalent" to conform to the of the public; amfrmittedPart for20.

members Soctior 20.2106(a)(4) would be

. proposed amendment in $ 20.1003. (b) The value is not consistent with revised by adding a reference to

" (4)In $ 20.1206 Planned special the 100-mrem (1 mSv) training criterion $ 20.1204(a), widch requires licensees to exposures, paragraph (a) would be in the recently revised $ 19.12 (60 FR take measurem ants of (1) concentrations revised to clarify the meaning of " higher 36038; July 13,1995). of radioactive materials in air in work

• exposure." The proposed new wording Raising this limit would not,in any areas, or (2) quantities of radionuclides would state that planned special way, raise the dose limit for declared in the body, or (3) quantities of exposurgs are authorized only in pregnant women and minors. Licensees radionuclides excreted from the body, exceptional situations when alternatives would still be required to ensure that or (4) combinations of these that might avoid the dose are the dose limit of 0.5 rem (5 mSv) for measurements in order to determine unavailable or impractical. minors is not exceeded in a year and internal dose when required by (5) In $ 20.1208 (a), (c), (c)(2), and (d), that the dose limit of 0.5 rem (5 mSv) $ 20.1502 to monitor internal dose. This, the phrase " dose to an embryo / fetus" for declared pregnant women is not in effect, uses recorded concentrations would be changed to read " dose exceeded during the period of their of radioactive material in air, quantities of radioactive material determined to be equivalent it clear that thetodose the embryo / fetus" to make limit specifically (10)In pregnancy $ 20.1902(d), ainproposed the bodycor excreta, or any y

m, applies to the dose equivalent, which is change to the posting requirement ' combination of these that would be a the techaically correct term to denote would permit the use of the words needed, instead of " body burden," for iat " Airborne Radioactive Material Area"in assessing the committed effective dose effect of dose to an organ.

nd' place of the currently required equivalent (CEDE). The NRC believes (6)In S 20.1501(a)(2XI), the phrase "The extent of radiation levels;* * *" "Airbome Radioactivity Area." The that this information is clearly necessary da o would be revised to read "The proposed change would also perma le to support the recorded results of the magnitude and extent of radiation continued use of existing stocks i signs licensee's calculation of CEDE. Adding is levels;* * * " to more clearly reflect the with the currently required "Airbome this reference would not impose any intended meaning. Radioactivity Area."This would additional recordkeeping burden on

1 52390 Fedird Regist:r / Vol. 61, No.195 / Monday, October 7,1996 / Proposed Rules

' ' licensees because they are required to paragraph (a) would be made by see !s a list of files without descriptions obtzin this information in order to replacing the term "milliroentgens" (normal Gopher look). An index file calculate CEDE under $ 20.1204. with the term " millirems" to be listing all files within a subdirectory, (15) A revision to S 20.2202(d) would consistent with revised Part 20 with descriptions, is available. There is re: ult in the application of the same terminology. Because the NRC a 15-minute time limit for FTP access.

incident reporting requirements to all recognizes that most licensees may still Although FedWorld also can be licasees. Currently, this section use radiation detection instruments that accessed through the World Wide Web, requires that power reactor licensees measure radiation in units of roentgens, like FTP that mode only rovides access submit reports to the NRC Operations measurements taken in roentgens could for downloading files am does not Center, but all other licensees must continue to be recorded in terms of the display the NRC Rules Menu.

submit both a telephone report to the roentgen, provided that the If usin a method other than the NRC Operations Center and a telegram, measurements can be readily converted NRC's to 1 free number to contact mtilgram.pr facsimile to the Regional to rem for records required under 10 FedWorld, the NRC subsystem will be Office. Tlus change would require all CFR Part 20.2101(a).

(21) In S 39.71(b), the reference to accessed from the main FedWorld menu licensees to report incidents by }

telephone to the NRC Operations Center "S 20.3" would be corrected to read fg ,"nt Adm n at on and State ansuring consistency in the prompt S 20.1003. Systems" or by entering the command else e ntUs d uld result- Eledronic Access "40 nrc" at a FedWorld command line.

Comments on the proposed rule may At the next menu, select "A-in a reduction in t le information collection burden, also be submitted electronically in Regulatory information Mall," and then (16) In 532.54(a), the reference to either ASCII text or Wordperfect fonnat select "A-U.S. Nuclear Regulatory "5 20.203(a)" would be corrected to read (version 5.1 or later) by calling the NRC Commission" at the next menu. If you

"$ 20.1901." Electronic Bulletin Board on FedWorld. access NRC from FedWorld's (17) In S 35.20,"ALARA program," The bulletin board may be accessed " Regulatory, Government pmgraph (c) would be removed as using a personal computer, a modem, Administration" menu, you may return redundant because the requirements and one of the commonly available to FedWorld by selecting the " Return to thtt are to be addressed in the ALARA communications software packages, or FedWorld" option from the "NRC Main program are contained in to CFR Part directly via Internet. Menu." However, if you access NRC at 20, and the training requirements are If using a personal computer and FedWorld by using NRC's tou-face i

addressed in 10 CFR 19.12. Part 35 modem, the NRC rulemaking subsysten number, you will have full cess to all refrrences both Parts 19 and 20 as on FedWorld can be accessed directly NRC systems, but you will not have containing requirements for medical by dialing the toll free number: 1-80o. access to the main FedWorld system.

licensees. 303-9672. Communication software For more information on NRC bulletin (la) Safety precautions and survey parameters should be set as follows: boards, call Mr. Arthur Davis, Systems requirements for restricted and parity to none, data bits to 8, end stop Integration and Development Branch, unrestricted areas are specified in bits to 1 (N,8,1). Use ANSI or VT-100 U.S. Nuclear Regulatory Commission, SS 35.315,35.415,35.641, and 35.643. terminal emulation.The NRC washington, DC 20555-0001, telephone Sections 35.315(a)(4) and 35.415(a)(4) rulemaking systems can then be (301) 415-5780; e-mail AXD3@ntc. gov.

would be revised to remove the words accessed by selecting the " Rules Menu" Agreement State Compatibility

" restricted" and "unrmtricted" where option from the "NRC Main Menu." For thsy mosfy the word " area." Sections further information about options This rulemaking will be a matter of 35.641(a)(2)(1) and (L.)(ii) and available for NRC at FedWorld, consult compatibility between the NRC and the f 35.643(a) would be revised to be the " Help /Information Center" from the Agreement States, thereby providing consistent with definitions of dese to "f 2C Main Menu." Users will find the consistency of State and Federal safety occupationally exposed individuals and "FedWorld Online User's Guides" requirements. The NRC has determined dose to members of the public. Also,in particularly helpful. Many NRC that a Division 2 level of compatibility S 35.643(a)(1), a misreference to subsystems and databases also have a should be assigned to the changes to S 20.1301(c) would be corrected to read " Help /Information Center" option that SS 20.1003,20.1101,20.1201,20.1206,

$ 20.1301. The 0.5 rem (5 mSv) limit is tailored to the particular subsystem. 20.1208,20.1501,20.1502,20.1902, permitted by application and NRC The NRC subsystem on FedWorld can 20.1903,20.1906,20.2101,20.2106, approval under S 20.1301(c) was never also be accessed by a direct dial phone 20.2202,32.54,35.20,35.315,35.415, int nded to be required under this number for the main FedWorld BBS: 35.641,35.643,36.23,39.33, and 39.71 section in Part 35. Rather, it was always 703-321-3339; Telnet via Internet: because the requirements in these tha intent of the NRC to apply the 0.1 fedworld. gov (192.239.92.3); File sections already have been assigned a rem (1 mSv) limit in S 20.1301(a) to this Transfer Protocol (FTP) via Internet: Division 2 level of compatibility. This section, with the provision for licensees ftp.fedworld. gov (192.239.92.205); and rulemaking is primarily of a clarifying to request the 0.5 rem limit specified in World Wide Web using the "Home nature so the basis for that assignment S 20.1301(c). Page": www.fedworld.gos (this is the should not change.

(19) In S 36.23(g), posting Uniform Resource Locator (URL)). If you .

'ntal Impact: Categorical requirements for a panoramic irradiator contact FedWorld using Telnet, you will hn would be revised to conform with see the NRC area and menus, including posting requirements for high or very the Rules Menu. Although you will be The NRC has determined that this high radiation areas in S 20.1902. The able to download documents and leave proposed rule is the type of action posting requirements in Part 36 messages, you will not be able to write described in the categorical exclusion in currently require a posting appropriate comments or upload files (comments). If to CFR 51.22(c)(2). 'Iberefore, neither

• to a high radiation area only, you contact FedWorld using FTP, all an environmental impact statement not (20) In S 39.33," Radiation detection files can be accessed and downloaded an environmental assessment has been instruments," a conforming change to but uploads are not allowed; all you will prepared for this proposed rule.

J k

e.

-.; Fed rd Regist:r / Vol. 61, No.195 / Monday, October 7,1996 / Proposed Rules 52391 dons Paperwork Reduction Act Statement Regulatory Analysis This discussion constitutes the

recto [y, This proposed rule amends This proposed rule makes minor ubulatory analysis for this pmposed 3D Thereis information collection requirements that correcting and clarifying amendments to access. are subject to the Paperwork Reduction the requirements in 10 CFR Part 20 and Backfit Analysis

rt be Act of 1995 (44 U.S.C. 3501 et seq.). conforms 10 CFR Parts 32,35,36, and ide Wtb This rule has been submitted to the The NRC has determined that the

des acces,s Office of Management and Budget for 39 to 10 CFR Part 20. The proposed backfit rule in S 50.109 does not apply i not rulemaking would not impose any to this proposed rule and, therefore, that review and approval of the paperwork requirements, additional costs on licensees since the a backfit analysis is not required for this

, th e rulemaking would be correcting and proposed rule because these The rule will reduce existing clarifying several definitions and et information collection requirements, amendments do not involve any will ba and the public burden for this collection current requirements addressing provision that would impose backfits as standards for protection against defined in S 50.100(a)(1).

ld minu ofinformation is expected to be reduced radiation. No impact is anticipated to by approximately 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br /> per year' List ofSubjects 1 St:ta over the entire industry. This reduction result from any of the proposed correcting or clarifying amendments. 10 CFR Part 20 mand i includes the time required for reviewing Because the proposed rule would id lin3. Instructions, searchin existing data 'I*****

• improve clarity and consistency in the sources, gathering an maintaining the NRC's regulations,it would benefit the Pea p,"hnsd matmal."Nuckar d thrn '

data needed, and completing and matenals, Nuclear power plants and ry reviewing the collection ofinformation. licensees

• reactors Occupational safety and

'you The U.S NuclearRegulatory The proposed amendments should health, Packaging and containers,

' Commission is seeking public comment result in a mmor reduction in burden to Radiation protection, Reporting and on the potendal impact of the collection licensees by eliminating written reports recordkeeping requirements, Special tturn ofinformation contained in the and allowing licensees to submit nuclear material, Source material, Waste tru to Pmposed rule and on the following mcident reports by telephone. This treatment and disposal.

\~ fain issues: PmPosed change is consistent with the

- at 1. Is the proposed collection of Paperwork Reduction Act. The 10 CFR PM

" ati ' proposed requirements also would By roduct material, Criminal I"[f[,,nce p

P ctkons o{ P[ waive posting requirements in penafties, Labeling, Nuclear materials, NRC, including whether the inforrr.ation teletherapy rooms in hospitals because Radiation protection, Reporting and will have practical utility? f the unsettling effects that the signs recordkeeping requirements.

In 2. Is the estimate of burden accurate? h'", ",Pau .a" Iy 4

, , ue e INy to CFR Part 35 is 3. Is there a way to enhance the precautions in 10 CFR Part 35 are Byproduct material, Criminal quality, utility, and clarity of the information to be collected? considered adequate to protect penalties, Drugs, Health facilities,

.n3

• individuals from inadvertent exposure Health professions, Medical devices,

4. How can the burden of the

v. collection of information be minimir.ed, to radiation. This proposed change Nuclear materials Occupational safety including the use of automated would have a beneficial effect on and health, Radiation protection, patients. Reporting and recordkeeping collection techniques?

requirements.

Send comments on any aspect of this In addition, these proposed

' l amendments would change the 10 CFR Part 36 fnclu$1 gsu t$ons for uc ng the m nit ring requirement for minors and I "f By roduct material, Criminal burden, to the Information and Records ,P Management Branch (T-6F33), U.S. n"(l ab t ot (

Penafties, exP Nuclear material. Oil and gas l oration-welllogging, Reporting Nuclear Regulatory Commission. to 0.1 rem (1 mSv) for the following f**5 "S.- and recordkeeping requirements, g Washington, DC 20555-0001, or by Scientific equipment, Security Internet electronic mail at (1) The value is consistent with the measures, Source material Special BISt@NRC. COW and to the Desk 100 mrem (1 mSv) training criterion in nuclear material.

Officer, Office ofInformation and the recently revised to CFR 19.12 (60 Regulatory Affairs, NEOB--10202, FR 36038: July 13,1995). Thus, 10 CFR Part 39 (3150-0014), Office of Management and monitoring would not be required at any Byproduct material, Criminal Budget, Washington, DC 20503. dose below tlat requiring the training of penalties, Nuclear material, Oil and gas (

Comments to OMB on the collection workers. exploration-well logging, Reporting '

ofinformation or on the above issues (2) The value is consistent with the and recordkeeping requirements, should be submitted by (November 6, 0.1 rem (1 mSv) dose limit for members Scientific equipment, Security 1996. Comments received after this date of the public in 10 CFR 20.1301(a). It is measures, Source material, Special will be considered if it is practical to do not necessary or appropriate to require nuclear material, so, but assurance of consideration monitorin of workers who are expected cannot be given to comments received after this date.

to receive ess dose than is permitted for PART 20-STANDARDS FOR PROTECTION AGAINST RADIATION l;

members of the public.There may be ij some reduction in burden, but any l 7 Public Protection Notification 1. The authority citation for Part 20 -

reduction would be small, and because continues to read as follows:  !

The NRC may not conduct or sponsor, of the many factors that impact the and a person is not required to respond Authority: Secs.53,63,65,81,103.104,  !

decision as to whether personal 161,182,186,68 Stat. 030,933,935,936, to, a collection of infonnation unless it j dosimeters will be worn, it is impossible g37,948,953,955, as amended, sec.1701, displays a currently valid OMB control to assess this likely small burden 106 Stat. 2951,2952,2953 (42 U.S.C. 2073, number. reduction. 2093,2095,2111,2133,2134,2201,2232, .

i I

52392 Feder:1 Regist:r / Vol. 61, No.195 / Monday, October 7,1996 / Proposed Rules

.. 2236,2297f), secs. 201. es amended. 202, Very high mdiction area means an situation when alternatives that might 206,88 Stat 1242, as amended.1244,1246 (42 tl.S.C. 5841,5842,5846). area, accessible to individuals, in which avoid any additional dose estimated to radiation levels from radiation sources result from the planned special

2. In S 20.1003, the definitions of external to the body could result in an exposure are unavailable or impractical.

Altborne radioactivity area and Eye individual receiving an absorbed dose * * * *

• I dose equivalent are removed. The in excess of 500 rads (5 grays)in 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 7, In S 20.1208, the section heading, definitions of Airborne radioactive at 1 meter from a radiation source or 1 paragraph (a), the introductory text of I material area and lens dose equivalent meter from any surface that the paragraph (c), and paragraphs (c)(2) and '

are added in alphabetical order, and the radiation penetrates.

(d) are revised to read as follows:

definitions of Decland pregnant * * * *

• woman, High radiation area, Individual 3. In S 20.1101, paragraph (b) is 206 Dose eqWalent to an omlW monitoring devices, and Very high revised to read as follows: k2 i

radiation area aa revised to read as (a) The licensee shall ensure that the follows: $20.1101 Radiation protection programs. dose equivalent to the embryo / fetus dunng the entire pregnancy as a result

$ 20.1003 Definitions. (b) The licensee shall use, to the of the occupational exposure of a extent practical, procedures and declared pregnant woman does not l Airborne radioactive matedalarea engineering controls based upon sound exceed 0.5 rem (5 mSv). (For l means a room, enclosure, or area in radiation protection principles to recordkeeping requirements, see which airborne radioactive materials, achieve occupational doses and doses to S20.2106.) I i

composed wholly or partly oflicensed members of the public that are as low * * * *

• l material, exist in concentrations- as is reasonably achievable (ALARA). (c) The dose equivalent to the l (1)!n excess of the derived air * * * *

• embryo / fetus is the sum of-  !

concentrations (DACs) specified in 4. In S 20.1201, paragra hs (a)(2)(l) * * * *

• Appendix B to $5 20.1001-20.2402; or and (c) are revised to rea as follows: j (2) The dose equivalent to the (2) To such a degree that an embryo / fetus resulting from individual present in the area without I up i i se H ns for sd radionuclides in the embryo / fetus and respiratory protective equipment could radionuclides in the declared pregnant exceed, during the hours that an 9)... woman.

Individual is present in a week, an (d)If the dose equivalent to the intake of 0.6 percent of the annuallimit f)IA. lens

. . dose equivalent of 15 rems embryo / fetus is found to have exceeded (o 15 Sv); and <

on intake (ALI) or 12 DAC-hours. 0.5 rem (5 mSv), or is within 0.05 rem (0.5 mSv) of this dose, by the time the Declared pregnant wo: nan means a (c) The assi sed deep-dose equivalent woman declares the pregnancy to the l woman who has voluntaril informed and shallow- se equivalent must be for licensee, the licensee shall be deemed to ~

the part of the body receivirg the the licensee,in writing, of er be in compliance with paragr ph (a) of pregnancy and the estimated date of highest exposure. The deep-dose this section if the additional dose equivalent, lens dose equivalent, and conception. The declaration remains in equivalent to the embryo / fetus does not shallow-dose equivalent may be effect until the declared pregnant assessed from surveys or other radiation exceed 0.05 rem (0.5 mSv) during the woman wit.3 draws the d aration in measurements for the purpose of l

writing or is no longer pregnant. remainder

?. In $ 20.1501, of the pregnanh.

paragra s (a)(2)(i)

• demonstrating compliance with the occupational dose limits, if the and (a)(2)(lii) are revised to read as l High radiation area means an area, [mtows:

individual monitoring device was not in accessible to individ'ials, in which the region of highest potential exposure, $ 20.1501 General.

radiation levels from radiation sources or the results of individual monitoring (a) * *

• external to the body could result in an are unavailable. (2) * *

• individual receiving a dose equivalent . . . . . (i) The magnitude and extent of in excess of 0.1 rem (1 mSv)in 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> radiation levels; ',

5. In S 20.1203, the introductory text at 30 centimeters from the radiation is revised to read as follows: * * * *

• source or 30 centimeters from any (iii) The potential radiological surface that the radiation penetrates. $ 20.1203 Determination of extemal dose hazards.

. . . . . from airt>ome radioactive material. . . . . .

Individualmonitoring devices Licensees shall, when determining the

9. In S 20.1502, paragraph (a)(3) is (individual monitoring u'pment) p se fr m airborne radioactive material. redesignated as (a)(4) and revised and means devices designed o worn by include the contribution to the deep- new paragra hs (a)(3) and (b)(3) are a single individual for the assessment of dose equivalent, lens dose eqm, valent- added; and e introductory text of dose equivalent such as film badges, r.nd shallow-dose equivalent from paragraph (a) and paragraphs (a)(?).

thermoluminescence dosimeters (TLDs), external exposure to the radioactive (b)(1), and (b)(2) are revised to read as cl ud (see appendix B to part 20, follows:

pocket persona I,onization chambers, and f tnotes 1 and 2).

(,' lapel,,) air sampling devices. . . . . . $ 20.1502 Conditions requiring Individual

6. In S 20.1206, paragraph (a) is monitoring of extemaland intomal lens dose equivalent a plies to the ccupati neldose.

external exposure of the ens of the eye revised to road as follows:

and is taken as the dose equivalent at a . 6 2n,3206,. Pievert special exposures. (a) Each licensee shall monitor tissue depth of 0.3 centimeter (300 mg/ * * * *

• occupational exposure to radiation from cm2). (a) The licensee authorizes a planned

• * * *

• radiation sources under the control of special exposure only in an exceptional the licensee and shall supply and

_ . U L.

Federal Regist:r / Vol. 61, No.195 / Monday, October 7,1996 / Proposed Rules 52393 require the use of individual monitoring (d) The licensee shallimmediately (1) * *

• devices by- notify the final delivery carrier and the (11) A lens dose equivalent exceeding NRC Operations Center (301-.816-5100), 15 rems (0.15 Sv); or (2) Minors likely to receive, in 1 year, by telephone, when- (d) * *

• from radiation sources external to the * * * * *

(2) All other licensees shall make the body, a dose equivalent in excess of 0.1 13. In S 20.2101, paragraph (c) is reports required by paragraphs (a) and rem (1 mSv); redesignated as paragraph (d) and (b) of this section by telephone to the (3) Declared pregnant women likely to revised, paragraph (b) is redesignated as NRC Operations Center (301) 816-5100.

receive, during the entire pregnancy paragraph (c) and revised, and a new * * * *

• from radiation sources external to the paragraph (b)is added to read as body, a dose equivalent in excess of 0.1 follows: PART 32-SPECIFIC DOMESTIC rem (1 mSv); and LICENSES TO MANUFACTURE OR (4) Individuals entering a high or very 920.2101 General provisions. TRANSFER CERTAIN ITEMS hi radiation area. * * * * "

CONTAINING BYPRODUCT MATERIAL

)*** (b)In the records required by this (1) Adults likely to receive,in 1 year, part, the licensee may record quantities to. The authority citation for part 32 an intake in excess of to percent of the in SI units in parentheses following continues to read as follows:

applicable Atl(s)in table 1. Columns 1 Authority: secs. 81, tot,182.183.sa stat. t cnd 2, of Appendix B to $$ 20.1001- each (a) of this of the units section. specified However, a in fl graph935,948,953,954, as amended (42 U.S.C 20.2402; 2111,2201,2232,2233); sec. 201, as stat.

quantities must be recorded as stated in ,

f (2) Minors likely to receive, in 1 year, paragraph (a) of this section. 1242. as amended (42 U.S.C 58411 e committed effective dose equivalent in excess of 0.1 rem (1 mSv); and (c) Notwithstanding the requirements $ 32.54 [ Amended]

of paragraph (a) of this section, when <

(3) Declared pregnant women likely to recording information on shipment 17, in S 32.54, paragraph (a) is y receive, during the entire pregnancy, a manifests as N "" 8 ""

uired in S 20.2006(b)* ***".203(a)"

"$20 and adding "S 20.1901."

committed effective dose equivalent in information m st be recorded in the L S 2 .Y902, par ph (d)is International System of Units (SI) or in PART 35-MEDICAL USE OF revised to read as follows: SI and units as specified in paragraph BYPRODUCT MATERIAL (a) of this section.

$ 20.1902 Posting requirements. (d) The licensee shall make a clear 18. The authority citation for part 35

. . . . . distinction among the quantitles entered continues to read as follows:

(d) Posting of airborne radioactive on the records required by this part (e.g., Authority: secs. 81,161,182,183,68 Stat. 1 material areas. The licensee shall post total effective dose equivalent, shallow- 935,948,953,954, as amended (42 U.S.C eich airborne radioactive material area dose equivalent, lens dose equivalent, 2111,2201,2232,2233): sec. 201,88 S'at.

with a conspicuous sign or signs bearing deep-dose equivalent, committed 1242, as amended (42 U.S.C 5841).

the radiation symbol and the words effective dose equivalent).

14. In S 20.2106, paragraphs (a)(1), $ 35.20 (Amended]

" CAUTION, AIRBORNE RADIOACTIVITY AREA"," DANGER, (a)(2), (a)(3), and (a)(4) are revised to 19. In S 35.20, paragraph (c) is read as follows: remov AIRBORNE RADIOACrlVITY AREA",

" CAUTION, AIRBORNE RADIOACTIVE $ 20.2106 Records of individual monitoring revised to read as follows:

MATERIAL AREA"; or "D ANGER, results.

AIRBORNE RADIOACTIVE MATERIAL $ 35.315 Safety precautions.

AREA."

(3) . . .

(1) The deep-dose equivalent to the (a) * *

• whola body, lens dose equivalent. (4) Promptly after adntinistration of

11. In S 20.1903, a new paragraph (dJ shallow-dose equivalent to the skin, and the dosage, measure the dose rates in is added to read as follows: shallow-dose equivalent to the contiguous areas with a radiation extremities; measurement survey instrument to

$ 20.1903 Exceptions to posting requirements. (2) The estimated intake of demonstrate compliance with the

. . . . . radionuclides (see S 20.1202); requirements of part 20 of this chapter, (3) The committed effective dose and retain for 3 years a record of each equivalent assigned to the intake of survey that includes the time and date ar for te eth aPY ee e Pt om radionuclides. of the survey, a plan of the area or list the requirement to post caution signs of points surveyed, the measured dose (4) The speE:ific information used to assess the committed effective dose rate at each point surveyed expressed in (1 A to t e room is controlled pursuant to $ 35.615; and equivalent pursuant to $ 20.1204 (a) and millirem per hour, the instrument used (c), and when required by $ 20.1502; to make the survey, and the initials of (2) Personnelin attendance take necessary precautions to prevent the and the individual who made the survey.

inadvertent exposure of workers, other patients, and members of the public to 15. In $ 20.2202, paragraphs (a)(1)(ii), 21. In S 35.415, paragraph (a)(4) is ,

radiation in excess of the limits (b)(1)(ii), and (d)(2) are revised to read revised to read as follows:

l sstablished in this part. as follows: $ 35.415 safety precautions.

12. In S 20.1906, the introductory text of a raph (d)is revised to read as $ 20.2202 Notification of incidents. (a) * * * '

,,, g p,g g g (1) * *

• matenal, survey the dose rates in

$ 20.1906 Procedures for receiving and (ii) A lens dose equivalent of 75 rems contiguous areas with a radiation opening packages. (0.75 Sv) or more; or measurement survey instrument to e * * *

• demonstrate compliance with the (b) * *

• t

_ mY

~

52394 Federal Regist:r / Vol. 61, No.195 / Monday October 7,1996 / Proposed Rules ,

requirements of part 20 of this chapter, entrance to the area within the and retain for 3 years a record of each DEPARTMENT OF TRANSPORTATION personnel access barrier of an I survey that includes the time and date underwater irradiator must be posted as Federal Aviation Administration l of the survey, a plan of the area or list required by 5 20.1902. Radiation of points surveyed, the measured dose postings for panoramic irradiators must 14 CFR Part 39 rate at several of these points expressed comply with the posting requirements (Docket No. 96-N44-163-AD) l in millirem per hour, the instrument of S 20.1902, except that signs may be used to make the survey, and the name RIN 2120-AA64 l removed, covered, or otherwise made of the* individual who *made the survey, inoperative when the sources are fully Altworthiness Directives; Transport shielded. Category Airplanes Equipped with

22. In S 35.641, paragraphs (a)(2)(i) . . . . . Day-Ray Products, Inc., Fluorescent and (a)(2)(ll) are revised to read as Light Ballasts I hS PART 39-LICENSES AND RADIATION AGENCY: Federal Aviation 5 35.641 Radiation surveys for tektherapy SAFETY REQU4REMENTS FOR WELL Administration DOT.

factiltles. LOGGING ACTION: Notice of proposed rulemakin8 2 26. The authority citation for part 39 (i) Radiation dose rates in restricted continues to read as follows:

SUMMARY

This document proposes the areas are not likely to cause any adoption of a netv airworthiness Authority: Secs. 53,57,62,63,65,69,81, occupationally exposed individual t receive a dose in excess of the limits 82.161,182,183,188,68 Stat. 929,930,932, ve M M 1,s a pkab to any 933, 934, 935, 948, 953, 954. 955, as transport category airp e that is specified in S 20.1201 of this chapter; amended, sec. 234,83 Stat. 444, as amended e9uiPPed with certain Day-Ray and fluorescent light ballasts installed in the (42 U.S.C 2073,2077,2092,2093,2095, (ii) Radiation dose rates in 2099,2111,2112,2201,2232,2233,2236, upper and/or lower cabin sidewall. This unrestricted areas are not likely to cause 2282); secs. 201, as amended. 202,206,sa PmPosal would require a visual cny individual member of the public to Stat.124 2, as amended, 1244,1246 (42 U.S.c in8Pection to determine the type of receive a dose in excess of the limits 5841,5842,5846). fluorescent light ballasts installed in the specified in $ 20.1301 of this chapter, cabin sidewall, and eP tr the

27. In S 39.33, paragraph (a) is revised replacement of suspect ballasts or the

23. ins':5.643, paragraphs (a) to read as follows: installation of a protewve cover over introductory text and (a)(1) are revised the ballast. This proposal is prompted to read as follows: $ 39.33 Radiation detection Instruments. by reports of smoke, fumes, and/or

$ 35.643 Modification of tcJetherapy unit or (a) The licensee shall keep a electrical fire emitting from the baggage room before beginning a treatment calibrated and operable radiation survey bin of the aft assenger compartment program. Instrument capable of detecting beta and g gg g (a) If the survey required by S 35.641 gamma radiation at each field station ballasts. The actions specified by the indicates that any individual member of and temporary jobsite to make the proposed AD are intended to prevent the potential for a fire in the passenger g the public is likely to teceive a dose in excess of the limits specified in radiation surveys required by this part compartment resulting from failure of and by part 20 of this chapter.To satisfy the nuorescent light ballast of the cabin S20.1301 of this chapter, the licensee this requirement, the radiation survey sidewall, shall, before beginning the treatment instrument must be capable of program: DAfts: Comments must be received by measuring 0.1 mrem (0.001 mSv) per November 18,1996.

(1) Either equip the unit with stops or hour through at least 50 mrem (0.5 mSv) add additional radiation shielding to ADDRESSES: Submit comments in per hour-ensure compliance with $ 20.1301 of . . . .

tri licate to the Federal Aviation this chapter.

3[ ministration (FAA), Transport

• * * *

• Airplane Directorate, ANM-103,

$ 39.71 (Amended)

Attention: Rules Docket No. 96-NM-PART 36-LICENSES AND RADIATION 28. In 6 39.71, paragraph (b) is 163-AD,1601 Lind Avenue, SW.,

SAFETY REQUIREMENTS FOR amended by removing the reference to Renton, Washin on 98055-4056.

IRRADIATORS "5 20.3" and adding "S 20.1003." Comments may inspected at this location between 9:00 a.m. and 3 00

24. The authority citation for part 36 Dated at Rockville Maryland, this 5th day p.m., Monday through Friday, except continues to read as follows: ISePtember 1996. Federal holida s.

Authority: Secs. 81,82,161,182,183,186, .

e smb Mmmahn Memd b 68 Stat. 935,948,953,954,955,as amended, James M. Taylor, the proposed rule may be obtained from sec. 234,83 Stat. 444, as amended (42 U.S.C Executive Directorfor Operations. Day Ray Products, Inc.,1133 Mission 2111,2112,2201,2232,2233,2236,2282); [FR Doc. 96-25486 Filed 10-4-96; 8:45 aml , o asakna, Moda secs. 201, as amended, 202,206,88 Stat. 91031; or Hexcel Corporation, Heath 1242, as amended. 1244,1246 (42 U.S.C suo coos 7se&ow Tecna Interiors,3225 Woburn Street.

5841,5842,5846).

Bellingham, Washington 98226; or

25. In 6 36.23, paragraph (g) is revised McDonnell Douglas Corporation,3855 to read as follows: Lakewood Boulevard, Long Beach, California 90846, Attention: Technical

$ 38.23 Access control. , Publications Business Adtr.inistration.

Department C1-L51 (2-60).

(g) Each entrance to the radiation This information may be examined at room of a panoramic trradiator and each the FAA. Transport Airplane

October 3, 1996 g ,p The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, gg Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510 1

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee is a copy of a Notice of ,

Proposed Rulemaking to be published in the Federal Register in the near future. '

The Nuclear Regulatory Commission is proposing to amend 10 CFR Parts 20, 32, 35, 1 36, and 39 to make minor corrections and clarifying changes to the NRC's standards for protection against radiation. In addition, a minor policy change is proposed which would revise the monitoring criterion for minors and declared pregnant women from 50 millirem to 100 millirem. Licensees would still be required to ensure that the dose limit of 0.5 rem (5 mSv) for minors is not l exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for declared pregnant women is not exceeded during the period of their pregnancy.

These changes will not have any adverse impact on the health and safety of j workers or the public and are not expected to impose any significant burden on licensees.

Sincerely, signed by/

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice l cc: Senator Bob Graham DISTRIBUTION: .

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The Honorable Lauch Faircloth, Chairman Subcomr'ittee n on Clean Air, Wetlands, Privat'e Property and Nuclear Safety Committee \n Environment and Public Works United Stat'es Senate Washington, DCx 20510 N

Dear Mr. Chairmant N

Enclosed for the inf.ormation of the Subcommittee is a copy of a Notice of Proposed Rulemaking toibe published in the Federal Register in the near future.

The Nuclear Regulatory Commission is proposing to amend 10 CFR Parts 20, 32, 35, 36, and 39 to make min'or corrections and clarifying changes to the NRC's standards for protection against radiation. In addition, a minor policy change is proposed which would revi'se the monitoring criterion for minors and declared pregnant women from 50 millirem to 100 millirem.

These changes will not have an Nadverse impact on the health and safety of workers or the public and are not expected to impose any significant burden on licensees.

Si'ncerely,

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'N Dennis K.'Rathbun, Director Office of Co,ngressional Affairs

Enclosure:

x Federal Register Notice 'N cc: Senator Bob Graham \

DISTRIBUTION:

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=, October 3, 1996 The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives

' Washington, DC 20515 i 1

Dear Mr. Chairman:

, Enclosed for the information of the Subcommittee is a copy of a Notice of i 4

Proposed Rulemaking to be published in the Federal Register in the near future.

The Nuclear Regulatory Commission is proposing to amend 10 CFR Parts 20, 32, 35, l 36, and 39 to make minor corrections and clarifying changes to the NRC's I standards for protection against radiation. In addition, a minor policy change is proposed which would revise the monitoring criterion for minors and declared pregnant women from 50 millirem to 100 millirem. Licensees would still be required to ensure that the dose limit of 0.5 rem (5 mSv) for minors is not

, exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for declared pregnant women is not exceeded during the period of their pregnancy.

These changes will not have any adverse impact on the health anJ safety of workers or the public and are not expected to impose any significant burden on licensees.

i i

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. Sincerely, l Original signed by/ j Dennis K. Rathbun, Director Office of Congressional Affairs i

Enclosure:

Federal Register Notice cc: Representative Frank Pallone

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The lionorable Dan Schaefer, Chairman I Subcommittee on Energy and Power i

Committee on Commerce '

4 United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

i I s Enclosed for the in prmation of the Subcommittee is a copy of a Notice of 4 Proposed Rulemaking to\be published in the Federal Register in the near future. .

l The Nuclear Regulatory dpmmission is proposing to amend 10 CFR Parts 20, 32, 35, l 36, and 39 to make minor corrections and clarifying changes to the NRC's <

. standm > f:;r protection Against radiation. In addition, a minor policy change t is prrs md which would rev'ise the monitoring criterion for minors and declared ,

pregn., ? women from 50 millirem to 100 millirem.

These changes will not have\any adverse impact on the health and safety of

'. workers or the public and are n'ot expected to impose any significant burden on licensees. ,

! Sincerely, I i

l  ;

Den is K. Rathbun, Director i Offi e of Congressional Affairs i i

Enclosure:

1 Federal Register Notice  ;

j cc: Representative Frank Pallone DISTRIBUTION:

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 20, 32, 35, 36, 39 Of C3.

RIN 3150-AF46 Minor Corrections, Clarifying Changes, and a Minor Policy Change AGENCY: Nuclear Regulatory Commission.

ACT. ION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission is proposing to amend its

~

regulations to make minor corrections and clarifying changes to the NRC's 10 The proposed CFR Part 20, " Standards for Protection Against Radiation."

smendments would also conform other 10 CFR Parts with the Commission's revised radiation protection requirements. In addition, a minor policy change is proposed that would revise the monitoring criterion for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women from Revising the 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies.

monitoring criterion would not, in any way, raise the dose limit for declared pregnant women and minors.

Licensees would still be required to ensure that the dose limit of 0.5 rem (5 mSv) for minors is not exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for declared pregnant women is not exceeded during the period of their pregnancy. The dose limit for the embryo / fetus is unchanged.- This proposed rule is necessary to inform the i

public of these minor changes to the NRC's regulations and invite comments.

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/% /23 [9f EFFECTIVE DATE: Comment period expires (75 days following publication in the Federal Register). Comments received after this date will be 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.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Attention: Docketing and Service Branch.

Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:45 am and 4:15 pm Federal workdays.

Copies of the supporting statement submitted to OMB and comments received may_be examined at the NRC Public Document Room at 2120 L Street NW.

l (Lower Level), Washington, DC.

For information on submitting comments electronically, see the i

discussion under Electronic Access in the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear i

Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6219, e-mail JMM2 @ nrc. gov.

SUPPLEMENTARY INFORMATION:

On May 21,1991 (56 FR 23360), a final rule was published in the Federal l Register that amended 10 CFR Part 20 to update the NRC's " Standards for i

Protection Against Radiation." Subsequent amendments were published to (1) change the mandatory implementation date to January 1, 1994, and make

.j 2 4

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< conforming changes to the text to reflect the new implementation date (57 FR l 38588; August 26,1992),(2)- remove or modify provisions to reflect the new implementation date for NRC's revised " Standards for Protection Against Radiation" (58 FR 67657; December 22, 1993), and (3) restore provisions 5 inadvertently removed or modified (59 FR 41641; August 15, 1994; and 60 FR l' 20183; April 25, 1995). 151s proposed rule would make additional minor  ?

corrections arid clarifying changes to the NRC regulation for greater clarity s

and to further facilitate implementation. The proposed rule would also make 1 In addition, a l

- - conforming amendments to 10 CFR Parts 32, 35, 36, and 39.

minor policy change is proposed that would revise the monitoring criterion for  ;

minors from 0.05 rem (0.5 mS") to 0.1 rem-(1 mSv) in a year and for declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their j J l l pregnancies.

! This proposed rule would make the following changes:

! (1) In 5 20.1003, " Definitions," clarifying changes and minor

! corrections would be made to the following:

(a) The term " Airborne radioactivity area" would be replaced with i

! " Airborne radioactive material area" to clarify that radioactivity is a 1

property of matter and, as such, cannot be airborne. A conforming change l

would also be made in 5 20.1902(d) to permit licensees the option of either using the current signs or posting new !gns to reflect this change.

(b) The definition of " Declared pregnant woman" would be revised to J

specify that the written declaration of pregnanc, would be given to the l I

licensee. This is necessary to ensure that the licensee responsible for work assignments involving exposure is aware of the declaration of pregnancy so i

1 3

that appropriate dose restriction can be imposed. The change would also specify the duration of the effectiveness of a woman's declaration.

(c) The term " Eye dose equivalent" (EDE) would be replaced with " Lens dose equivalent" (LDE) to avoid confusion between the initialisms for dose to the lens of the eye and effective dose equivalent (EDE).

(d) The definitions of "High radiation area" and "Very high radiation area" would be revised to make it clear that these area designations are based l solely on radiation levels from sources external to an individual who may ,

receive the dose. ,

(e) The definition of " Individual monitoring devices" would be revised ,

to correct the terminology for thermoluminescence dosimeters. ,

(2) In s 20.1101(b), the word " practicable" would be changed to

" practical" to remove the basis for an incorrect perception among some I

licensees that, by using the word " practicable" in this section, the NRC is requiring licensees to use any dose averting technique that is capable of i

being used even if the technique is unproven or impractical.

(3) In ss 20.1201(a)(2)(i) and (c); 20.1203; 20.2101; 20.2106(a)(1);

and 20.2202(a)(1)(ii) and (b)(1)(ii), " eye dose equivalent" would be replaced t

f by " lens dose equivalent" to conform to the proposed amendment in s 20.1003.

(4) In s 20.1206, Planned special exposures, paragraph (a) would be revised to clarify the meaning of " higher exposure." The proposed new wording would state that planned special exposures are authorized only in exceptional 1

situations when alternatives that might avoid the dose are unavailable or impractical.

(5) In s 20.1208(a), (c), (c)(2), and (d), the phrase " dose to an i

i embryo / fetus" would be changed to read " dose equivalent to the embryo / fetus" I

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to make it clear that the dose limit specifically applies to the dose e equivalent, which is the technically correct term to denote effect of dose to an organ.

(6) In's 20.1501(a)(2)(i), the phrase "Tho extent of radiation levels;..." would be revised to read "The magnitude and extent of radiation ,

levels;...." to more clearly reflect the intended meaning. ,

(7) In 9 20.1501(a)(2)(iii), the phrase "The potential radiological hazards that could be present" would be revised to read "The potential radiological hazards" to removc the redundancy.

(8) 'In 6 20.1502, the words "from radiation sources under the control  !

of the licensee" would be added after " exposure to radiation" in pa " graph (a) to improve clarity and to make it clear that a licensee is not responsible for  !

sources not under its control.

l (9) In f 20.1502(a)(2) and (b)(2), monitoring requirements are stated as one-tenth of applicable limits for a year for minors and pregnant women,

- even though the dose limits referenced in paragraph (a)(2) apply for an entire year to minors while the dose limit referenced in paragraph (b)(2) applies onfytothe9-monthgestationperiodofadeclaredpregnantwoman. These  ;

paragraphs would be separated and revised accordingly to make this section ,

consistent with 6 20.1208 and technically correct. In addition, the criterion for monitoring minors and declared pregnant women would be changed for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnarit women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies.

This change would constitute a small licensee burden reduction with no loss in i

j . worker health and safety. The conservative approach currently in use has resulted in the following problems:

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l (a) The value is no+ consistent with the 0.1 rem (1 mSv) dose limit for members of the public in % 20.1301(a). It is not appropriate to require monitoring of workers who are expected to receive less dose than is permitted f for members of the public; and ,

(b) The value is not consistent with the 100-mrem (1 mSv) training j

criterion in the recently revised i 19.12 (60 FR 36038: July 13, 1995).

i Raising this limit would not, in any way, raise the dose limit for i l

declared pregnant women and minors. Licensees would still be required to ensure that the dose limit of 0.5 rem (5 mSv) for minors is not exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for declared pregnant women is not exceeded during the period of their pregnancy.

(10) In 5 20.1902(d), a proposed change to the posting requirement would permit the use of the words " Airborne Radioactive Material Area" in

! place of the currently required "Airborna Radioactivity Area." The prs. nosed change would also permit the continued use of existing stocks of signs with  !

! the currently required " Airborne Radioactivity Area." This would conform to the proposed amendment in 5 20.1003.

l (11)

In 6 20.1903, a new paragraph would be added to exempt teletherapy rooms in a hospital from posting requirements as long as access is controlled J l to prevent the exposure of workers, other patients, and members of the public to radiation. The purpose of this change is to bring the regulation into conformity with existing licensing practices which avoid the unwarranted and l potentially unsettling effect that " GRAVE DANGER, VERY HIGH RADIATION AREA" I signs may have on patients.

(12)

In 6 20.1906(d), a revision would require licensees to notify the j

NRC Operations Center, instead of an NRC Regional Office, upon receiving and I

6

1 .

S opening packages when radiation levels exceed regulatory limits. This would l

provide for consistency within the pron,pt notification requirements contained in 5 20.2201. A conforming change also would be made to tha prompt notification requirements in 5 20.2202.

(13) In 5 20.2101, a revision would permit licensees tc include both I the new SI units and the old (special) units of dose on records required by this part. Each of the recorded dose quantities would be recorded in the appropriate special unit and, if so desired, followed by the appropriate Si l

unit in parentheses. The term " eye dose equivalent" would be replaced by i " lens dose equivalent" to conform to the proposed amendment in 5 20.1003.

(14) In 5 20.2106(a)(2) and (a)(3), the referencoe to " body burden" would be removed because this term is obsolete and is not defined in revised 10 CFR Part 20. Section 20.2106(a)(4) would be revised by adding a reference to 1 20.1204(a), which requires licensees to take measurements of (1) concentrations of radioactive materials in air in work areas, or (2) quantities of radionuclides in the body, or (3) quantities of radionucl. des excreted from the body, or (4) combinations of these i

measurements in order to determine internal dose when required by 5 20.1502 to l

l monitor internal dose. This, in effect, uses recorded concentrations of radioactive material in air, quantities of radioactive material determined to  :

l be in the body, or excreta, or any co...aination of these that would be needed, '

l  !

! instead af " body burden," for assessing the committed effective dose i

equivalent (CEDE) . The t4RC believes that this information is clearly l

)

necessary to support the recorded results of the licensee's calculation of l

)

l CEDE. Adding this reference would not impose any additional recordkeeping

)

7 i

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burden on licensees because they are required to obtain this information in j order to calculate CEDE under 5 20.1204.

(15) A revision to n 20.2202(d) would result in the application of the same incident reporting re,quirements to all licensees. Currently, this 4 section requires that power reactor licensees submit reports to the NRC Operations Center, but all other licensees must submit both a telephone report to the NRC Operations Center and a telegram, mailgram, or facsimile to the Regional Office. This change would 'equire all licensees to report incidents by telephone to the NRC Operations Center ensuring consistency in the prompt

{

notification requirements contained elsewhere in this part and would result in b

~

a reduction in the informativo collection burden.

(16) in 6 32.54(a), the reference to "6 20.203(a)" would be corrected to read "5 20.1901."

l (17)

In 5 35.20, "ALARA program," paragraph (c) would be removed as i

redundant because the requirements that are to be addressed in the ALARA 4

program are contained in 10 CFD Part 20, and the training requirements are addressed in 10 CFR 19.12. Part 35 references both Parts 19 and 20 as containing requirements for medical licensees.

(18) Safety precautions and survey requirements for restricted and unrestricted areas are specified in 55 35.315, 35.415, 35.641, and 35.643.

Sections 35.315(a)(4) and 35.415(a)(4) would be revised to remove the words Sections

" restricted" and " unrestricted" where they modify the word " area."

i 35.641(a)(2)(i) and (a)(2)(ii) ai,J 35.643(a) vould oe revised to be consistent 7

with definitions of dose to occupationally exp .d individuals and dose to members of the public. Also, in 5 35.643(a)(1), a misreference to The 0.5 rem (5 mSv) limit 5 20.1301(c) would be corrected to read 5 20.1301.

8

. . _ . . . . _ _ _ _-~_

T e permitted by application and NRC approval under 5 20.1301(c) was never intended to be required under this section in Part 35. Rather, it was always the intent of the NRC to apply the 0.1 rem (1 mSv) limit in 5 20.1301(a) to this section, with the provision for licensees to request the 0.5 rem limit specified in 5 20.1301(c).

(19) In 5 36.23(g), posting requirements for a panoramic irradiator j would be revised to conform with posting requirements for high or very high 4

radiation areas in 5 20.1902. The posting requirements in Part 36 currently J

require a posting appropriate to a high radiation area only.

(20) In 5 39.33, " Radiation detection instruments," a conforming change

)

with the to paragraph (a) would be made by replacing the term "milliroentgens term " millirems" to be consistent with revised Part 20 terminology. Because the NRC recognizes that most licensees may still use radiation detection ,

I instruments that measure radiation in units of roentgens, measurements taken in roentgens could continue to be recorded in terms of the roentgen, provided ,

i that the measurements can be ,eadily converted to rem for records required under 10 CFR Part 20.2101(a).

(21) In 5 39.71(b), the reference to "5 20.3" would be corrected to read "5 20.1003."

Electronic Access l

Comments on the proposed rule may diso be submitted electronically in l either ASCll text or Wordperfect format (version 5.1 or later) by calling the The bulletin board may be accessed NRC Electronic Bulletin Board on FedWorld.

9 1

i using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet.

If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number: 1-800-303-

! 9672. Communication software parameters should be set as follows: parity to J

none, data bits to 8, and stop bits to 1 (N,8,1). Use ANSI or VT-100 terminal emulation. The NRC rulemaking systems can then be accessed by selecting the

" Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld, consult the " Help /Information Center" from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and databases also have a

" Help /Information Center" option that is tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS: 703-321-3339; Telnet via Internet:

fedworld. gov (192.239.92.3); File Transfer Protocol (FTP) via Internet

f tp.fedworld. gov (192.239.92.205); and World Wide Web using the "Home Page"-

I www.fedworld. gov (this is the Uniform Resource Locator (URL)). If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments).

If you contact FedWorlo using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An inoex file listing all files within a subdirectory, with descriptions, is available. There is a 15-minute time limit for FTP access.

10

.. - -. . .- = .- - . . -. .. - .-

Although FedWorld also can be accessed through the World Wide Web, like  !

4 FTP that mode only provides access for downloading files and does not display

\

the NRC Rules Menu.

if using a method ot,her than the NRC's toll free number to contact l

FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by l 1

selecting "F - Regulatory, Government Administration and State Systems" or by 7

At the next menu, entering the command "/go nrc" at a FedWorld command line.

2 select "A - Regulatory Information Mall," and then select "A - U.S. Nuclear l 1

i Regulatory Commission" at the next menu. If you access NRC from FedWorld's l

" Regulatory, Government Administration" menu, you may return to FedWorld by l j

selecting the " Return to FeoWorld" option from the "NRC Main Menu." However, 1

l if you access NRC at FedWorld by using NRC's toll-free nun.her, you will have 2 full access to all NRC systems, but you will not have access to the main FedWorld system. For more information on NRC bulletin boards, call Mr. Arthur 4

Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory )

l 1

- Commission, Washington, DC 20555-0001, telephone (301) 415-5780; e-mail AXD3@nrc. gov.

4 I

Agreement State Compatibility 1

,i 4

This rulemaking will be a mattei of compatibility between the NRC and the Agreement States, thereby providing consistency of State and Federal l safety requirements. The NRC has determined that a Division 2 level of compatibility should be assigned to the changes to il 20.1003, 20.1101, 20.1201, 20.1206, 20.1208, 20.1501, 20.1502, 20.1902, 20.1903, 20.1906, 20.2101, 20.2106, 20.2202, 32.54, 35.20, 35.315, 35.415, 35.641, 35.643, 11

4 36.23, 39.33, and 39.71 because the requirements in these sections already have been assigned a Division 2 level of compatibility. This rulemaking is primarily of a clarifying nature so the basis for that assignment should not change.

4 Environmental Impact: Categorical Exclusion The NRC has determined that this proposed rule is the type of action Therefore, s

described in the categorical exclusion in 10 CFR 51.22(c)(2).

neither an environmental impact statement nor an environmental assessment has 1

been prepared for this proposed rule. l

~ Paperwork Reduction Act Statement )

I a

4 This proposed rule amends information collection requirements that are This subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.

I The rule will reduce existing information collection requirements, and i

the public burden for this collection of information is expected to be reduced This reduction

i -

by approximately 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br /> per year over the entire industry.

includes the time required for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and The U.S. Nuclear Regulatory reviewing the collection of information.

Commission is seeking public comment on the potential impact of the collection of information contained in the proposed rule and on the following issues:

12

1. Is the proposed collection of information necessary for the proper performance of the functions of the NRC, including whether the information will have practical utility?

2. Is the estimate of burden accurate?

l

3. Is there a way to enhance the quality, utility, and clarity of the l information to be collected?

4. How can the burden of the collection of information be minimized, l

i including the use of automated collection techniques?

Send comments on any aspect of this proposed collection of information, including suggestions for reducing the burden, to the Information and Records Management Branch (T-6F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by Internet electronic mail at BJSl@NRC. GOV; and to the Desk Officer, Office of Information and Regulatory Affairs, NE08-10202, (3150-l 0014), Office of Management and Budget, Washington, DC 20503.

l Comments to 0MB on the collection of information or on the above issues should be submitted by (insert date 30 days af ter publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

Public Protection Notification l

I The NRC may not conduct or sponsor, and a person is not required to 1

' respond to, a collection of information unless it displays a currently valid i

OM8 control number.

4

^ 13 i

.~-

Regulatory Analysis i

i This proposed rule makes minor correcting and clarifying amendments to f the requirements in 10 CFR Part 20 and conforms 10 CFR Parts 32, 35, 36, and i

t 39 to 10 CFR Part 20. The proposed rulemaking would not impose any additional l costs on licensees since the rulemaking would be correcting and clarifying several definitions and current requirements addressing standards for protection against radiation. No impact is anticipated to result from any of the proposed correcting or clarifying amendments. Because the proposed rule would improve clarity and consistency in the NRC's regulations, it would benefit the licensees.

The proposed amendments should result in a minor reduction in burden to licensees by eliminating written reports and allowing licensees to submit incident reports by telephone. This prooosed change is consistent with the Paperwork Reduction Act. The proposed requirements also would waive posting requirements in teletherapy rooms in hospitals because of the unsettling effects that the signs have on patients. There would be no d> crease in safety because the safety precautions in 10 CFR Part 35 are considered adequate to protect individuals from inadvertent exposure to radiation. This proposed change would have a beneficial effect on patients.

In addition, these proposed amendments would change the monitoring requirement for minors and pregnant women from one-tenth of the applicable limit or 0.05 rem (0.5 mSv) to 0.1 rem (1.nSv) for the following reasons:

(1) The value is consistent with the 100 mrem (1 mSv) training criterion in the recently revised 10 CFR 19.12 (60 FR 36038; July 13, 1995).

14

'Thus, monitoring would not be required at any dose below that requiring the training of workers.

(2) The value is consistent with the 0.1 rem (1 mSv) dose limit for members of the public in 10 CFR 20.1301(a). It is not necessary or appropriate to require monitoring of workers who are expected to receive less dose than is permitted for members of the public. There may be some reduction ,

in burden, but any reduction would be small, and because of the many factors that impact the decision as to whether personal dosimeters will be worn, it is impossible to assess this likely small burden reduction.

This discussion constitutes the regulatory analysis for this proposed rule.

Backfit Analysis The NRC has determined that the backfit rule in 650.109 does not apply to this proposed rule and, therefore, that a backfit analysis is not required for this proposed rule because these amendments do not involve any provision that would impose backfits as defined in 5 50.109(a)(1) .  ;

1 List of Subjects 10 CFR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packagina and containers, Radiation protection, Reporting and recordkeeping  !

requirements, Special nuclear n.aterial, Source material, Waste treatment and disposal.

15

.. -. . .. . _.- .-. ~. . - .

l 1

' 1 10 CFR Part 32 i Byproduct material, Criminal penalties Labeling, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 35 Byproduct material, Criminal penalties, Drugs, Health facilities, Health professions, Medical devices, Nuclear materials, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements.

9 l, 10 CFR Part 36 Byproduct material, Ci iminal penaities, Nuclear material, Oil and gas l exploration - weli logging, Reporting and recordkeeping requirements, l

(

Scientific equipment, Security measures, Source material, Special nuclear 1

1 4

material.

10 CFR Part 39 Byproduct material, Criminal penalties, Nuclear material, Oil and gas 1 l

exploration - well logging, Reporting and recordkeeping requirements, l

Scientific equipment, Security measures, Source material, Special nuclear material.

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, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 106 Stat. 2951, 16 l

l l

s 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236, 2297f), secs 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

2

2. In i 20.1003, the definitions of Airborne radioactivity area and Eye dose eauivalent are removed. The definitions of Airborne radioactive 1

4 material area and Lens dose equivalent are added in alphabetical order, and

the definitions of Declared pregnant woman, High radiation area, Individual I monitorino devices, and Very high radiation area are revised to read as follows

4 6 20.1003 Ce fi ni tions .

Airborne radioactive material area means a room, enclosure, or area in l

which airborne radioactive materials, composed wholly or partly of licensed

• material, oxist in concentrations --

l

) (1) In excess of the derived air concentrations (DACs) specified in l Appendix B to il 20.1001-20.2402: or ]

(2) To such a degree that an individual present in the area without respiratory protective equipment cauld exceed, during the hours that an individual is present in a week, an intake of 0.6 percent of the annual limit on intake (ALI) or 12 DAC-hours.

l

• j 17

._. . .-- .- - -. . = _ - . .. - . . - . -- . -

Declared pregnant woman means a woman who has voluntarily informed the licensee, in writing, of her pregnancy and the estimated date of conception.

The declaration remains in effect until the declared pregnant woman withdraws the declaration in writing or is no longer pregnant.

• w

• High radiation area means an area, accessible to individuals, in which radiation levels from radiation sources external to the body could result in an individual receiving a dose equivalent in excess of 0.1 rem (1 mSv) in I hour at 30 centimeters from the radiation source or 30 centimeters from any surface that the radiation penetrates.

Individual mnnitorinq devices (individual monitoring equipment) means devices designed to be worn by a single individual for the assessment of dose equivalent such as film badges, thermoluminescence dosimeters (TLDs), pocket ionizatioi unambers, and personal (" lapel") air sampling devices.

Lens dose eauivalent applies to the external erposure of the lens of the eye and is taken as the dose equivalent at a tissue depth of 0,3 centimeter 2

I (300 mg/cm ) .

Very high radiation area means an area, accessible to individuals, in which radiation levels from radiation sources external to the body could result in an individual receiving an absor bed dose in excess of 500 rads (5 grays) in i hour at 1 meter from a radiation source or 1 meter from any surface that the radiation penetrates.

j

• 1 i

18 l l

l

4

3. In 5 20.1101, paragraph (b) is revised to read as follows: i i

5 20.1101 Radiation protection programs.  ;

I * *

(b) The licensee shall use, to the extent practical, procedures and l

engineering controls based upon sound radiation protection principles to achieve occupational doses and doses to members of the public that are as low )

as is reasonably achievable (ALARA).

4 1

4. In 5 20.1201, paragraphs (a)(2)(i) and (c) are revised to read as follows:

f 5 20.1201 Occupational dose limits for adults (a) i

(2) ,

1 A lens dose equivalent of 15 rems (0.15 Sv), and I

(i) i 3

(c) The assigned deep-dose equivalent and shallow-dose equivalent must 4

'be for the part of the body receiving the highest exposure. The deep-dose

' equivalent, lens dose equivalent, and shallow-dose equivalent may be assessed from surveys or other radiation measurements for the purpose of demonstrating I

compliance with the occupational dose limits, if the individual monitoring l device was not in the region of highest potential exposure, or the results of individual monitoring are unavailable.

19

1

5. In 5 20.1203, the introductory. text is revised to read as follows:

5 20.1203 Determination of external dose from airborne radioactive material.

Licensees shall, when determining the dose from airborne radioactive material, include the contribution to the deep-dose equivalent, lens dose equivalent, and shallow-dose equivalent from external exposure to the radioactive cloud (see appendix B to part 20, footnotes 1 and 2).

1 *

• 1'

6. In 5 20.1206, paragraph (a) 1s revised to read as follows:

i 5 20.1206 Planned special exposures.

(a) The licensee authorizes a planned special exposure only in an exceptional situation when alternatives that might avoid any additional dose

! estimated to result from the planned special exposure are unavailable or impractical.

7. In 5 20.1208, paragraph (a), the introductory text of paragraph (c), and paragraphs (c)(2) and (d) are revised to read as follows:

5 20.1208 Dose equivalent to an embryo / fetus.

(a)

The licensee shall ensure that the dose equivalent to the embryo / fetus during the entire pregnancy as a result of the occupational 20

exposurc of a declared pregnant woman does not exceed 0.5 rem (5 mSv). (For l

recordkeeping requirements, see 5 20.2106.)

I *

• i (c) The dose equivalent to the embryo / fetus is the sum of--

(2) The dose equivalent to the embryo / fetus resulting from radionuclides in the embryo / fetus and radionuclides in the declared pregnant woman.

(d) If the dose equivalent to the embryo / fetus is found to have exceeded 0.5 rem (5 mSv), or is within 0.05 rem (0.5 mSv) of this dose, by the time the woman declares the pregnancy to the licensee, the licensee soall be l

deemed to be'in compliance with paragraph (a) of this section if the additional dose equivalent to the embryo / fetus does not exceed 0.05 rem (0.5 1

mSv) during the remainder of the pregnancy.

I

.d

8. In 5 20.1501, paragraphs (a)(2)(i) and (a)(2)(iii) are revised to read as follows:

5 20.1501 General.

(a) l (2)

(i) The magnitude and extent of radiation levels; and (iii)The potential radiological hazards.

l 2i

9. In 5 20.1502, n=ragraph (a)(3) is redesignated as (a)(4) and new paragraphs (a)(3) and (b)(3) are added; and the introductory text of paragraph (a) and paragraphs (a)(2), (b)(1), and (b)(2) are revised to read as follows:

5 20.1502 Conditions requiring individual monitoring of external and internal occupational dose.

(a) Each licensee shall monitor occupational exposure to radiation from radiation sources under the control of the licensee and shall supply and require the use of individual monitoring devices by --

• *

• 4 *

(2) Minors likely to receive, in 1 year, from radiation sources external to the body, a dose equivalent in excess of 0.1 rem (1 mSv);

(3) Declared pregnant womeni 1.kely to receive, during the entire pregnancy from radiation sources external to the body, a dose equivalent in excess of 0.1 rem (1 mSv); and (4) Individuals entering a high or very high radiation area.

(b)

(1) Adults likely to receive, in 1 year, an intake in excess of 10 percent of the applicable All(s) in table 1, Columns 1 and 2, of Appendix B to 55 20.1001-20.2402; and (2) Minors likely to receive, in 1 year, a committed effective dose equivalent in excess of 0.1 rem (1 mSv); and (3) Declared pregnant women likely to receive, during the entire pregnancy, a committed effective dose equivalent in excess of 0.1 rem (1 mSv).

22

. i s.

In i 20.1902, paragraph (d) is revised to read as follows:

10.

l l

l Ll'20.1902 Posting requirements.

Posting of airborne radioactive material areas. The licensee shall (d) i post'each airborne radioactive material area with a conspicuous s i gn or s gns bearing the radiation symbol and the words " CAUTION, AIRBORNE RADI0 ACTIVITY

" CAUTION, AIRBORNE RADI0 ACTIVE AREA";. " DANGER, AIRBORNE RADI0 ACTIVITY AREA";

MATERIAL AREA"; or "0 ANGER, AIRBORNE RADI0 ACTIVE MATERIAL AREA."

l

11. In 5 20.1903, a new paragraph (d) is added to read as follows: )

l l 20.1963.. Exceptions to posting requiremer,ts.

l

{

(d) Rooms in hospitals or clinics that are used for teletherapy are 1

exempt fram the requirement to post caution signs under 5 20.1902 if ---

(1) Access to the room is controlled pursuant to 5 35.615; and (2)

Personnel in attendance take necessary precautions to prevent the  :

inadvertent exposure of workers, other patients, and membars of the public to radiation in excess of the limits est.blished in this part.

i

12. In 5 20.1906, the introductory text of paragraph (d) is revised to read as follows:

l \

23

)

i

5 20.1906 Procedures for receiving and opening packages.

• w *

(d)

The licensee shall immediately notify the final delivery carrier and the NRC Operations Center (301-816-5100). by telephone, when--

13. In 5 20.2101, paragraph (b) is redesignated as paragraph (c),

paragraph (c) is redesignated as paragraph (d) and revised, and a new paragraph (b) is added to read as follows:

5 cv.2101 General provis ',vas.

In the records required by this part, the licensee may record (b) quantities in 51 units in parentheses following each of the units specified in paragraph (a) of this section. However, all quantities must be recorded as stated in paragraph (a) of this section.

Notwithstanding the requirements of paragraph (a) of this section, (c) 5 20.2006(b),

when recording information on shipment manifests, as required in information must be recorded in the International System of Units (SI) or in 51 and units as specified in paragraph (a) of this section.

The licensee shall make a clear distinction among the quantities (d) entered on the records required by this part (e.g., total effective dose equivalent, shallow-dose equivalent, lens dose equivalent, deep-dose equivalent, committed effective dose equivalent).

24

)

l .

14. In 5 20.2106, paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) are revised to read as follows:

6 20.2106 Records of individual monitoring results,

= * *

(a) i (1) The deep-dose equivalent to the whole body, lens dose equivalent, shallow-dose equivalent to the skin, and shallow-dose equivalent to the extremities; and (2)

The estimated. intake of radionuclides (see 5 20.1202); and (3)

The committed effective dose equivalent assigned to the intake of radionuclides; and (4) The specific information used to assess the committed effective dose equivalent pursuant to 5 20.1204(a) and (c), and when required by 5 20.1502; and

15. In 6 20.2202, paragraphs (a)(1)(li), (b)(1)(ii), and (d)(2) are revised to read as follows:

5 20.2202 Notification of incidents.

(a)

(1)

(ii) A lens dose equivalent of 7; rems (0.75 Sv) or more; or (b)

(1) 25

(ii) A lens dose equivalent exceeding 15 rems (0.15 Sv); or (d)

(2) All other licensees shall make the reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center (301) l 816-5100.

• * * *

• f l

PART 32 - SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

16. The authority citation for Part 32 continues to read as follow.

Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

5 32.54 [ Amended] 1 17, in 5 32.54, paragraph (a) is amended by revising the reference to "5 20.203(a)" to read "1 20.1901."

PART 35 -- MEDICAL USE OF BYPRODUCT MATERIAL

18. The authority citation for Part 35 continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

26

i 5 35.20 [ Amended).

4 I 19. In 5 35.20, paragraph (c) is removed.

l

20. In 5 35.315, paragraph (a)(4) is revised to read as follows:

6 35.315 Safety precautions.

1 (a)

(4) Promptly after administration of the dosage, measure the dose rates in contiguous areas with a radiation measurement survey instrument to demonstrate compliance with the requirements of Part 20 of this chapter, and retain for 3 years a record of each survey that includes the time and date of the survey, a plan of the area or list of points surveyed, the measured dose rate at each point surveyed expressed in millirem per hour, the instrument  !

used to make the survey, and the initials of the individual who made the survey.

21. In 5 35.415, paragraph (a)(4) is revised to read as follows:

5 35.415 Safety precautions.

(a)

(4) Promptly after implanting the material, survey the dose rates in contiguous areas with a radiation measurement survey instrument to demonstrate compliance with the requirements of Part 20 of this chapter, and retain for 27

.-- . . . - - _ _ . . . _ . . . . . . . ~ . . . - _- .- - .

1 3 years a record of each survey that includes the time and date of the survey, l a plan of the area or list of points surveyed, the measured dose rate at l

several of these points expressed in millirem per hour, the instrument used to l

make the survey, and the name of the individual who made the survey.

l

22. In 5 35.641, paragraphs (a)(2)(i) and (a)(2)(ii) are revised to read as follows:

5 35.641 Radiation surveys for teletherapy facilities.

(a)

(2)

(i) Radiation dose rates in restricted areas are not likely to cause any occupationally exposed individual to receive a dose in excess of the limits specified in i 20.1201 of this chapter; and Radiation dose rates in unrestricted areas are not likely to cause (ii) any individual member of the public to receive a dose in excess of the limits specified in i 20.1301 of this chapter.

23. In 5 35.643, paragraphs (a) and (a)(1) are revised to read as follows:

28 l

l

1 a

5 35.643 Modification of teletherapy unit or room before beginning a treatment program.

j (a)

If the survey required by s 35.641 indicates that any individual member of the public is likely to receive a dose in excess of the limits 2

l specified in 5 20.1301 of this chapter, the licensee shall, before beginning l l

the treatment program:

(1)

Either eouip the unit with stops or add additional radiation shielding to ensure compliance with 5 20.1301 of this chapter.

PART 36 -- LICENSES AND RADIATION SAFETY REQUIREMENTS FOR

24. The authority citation for Part 36 continues to read as follows: l 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, 202, 206, 88 Stat.

2112, 2201, 2232, 2233, 2236. 2282); secs. 201, as amended, 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

25. In 5 36.23, paragraph (g) is revised to read as follows:

5 36.23 Access control.

(g) Each entrance to the radiation room of a panoramic irradiator and each entrance to the area within the personnel access barrier of an underwater Radiation postings for irradiator must be posted as required by 5 20.1902.

5 20.1902, panoramic irradiators must comply with the posting requirements of 29

- - ... -_ .. . --.- _~. - - . - . - - . - . . . - .. - _ - .. - - . ..

except that signs may be removed, covered, or otherwise made inoperative when the sources are fully shielded. ,

PART 39 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING

26. The authority citation for Part 39 continues to read as follows:

Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 188, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended. 202, 206, 88 Scat.

1242, as amen'ded, 1244, 1246 (42 U.S.C. 5841, 5842, 5846). -

27. In 5 39.33, paragraph (a) is revised to read as follows: _

l l

j 5 39.33 Radiation detection instruments, (a)

The licensee shall keep a calibrated and operable radiation survey instrument capable of detecting beta and gamma radiation at each field station l

I and temporary jobsite to make the radiation surveys required by this part and by Part 20 of this chapter. To satisfy this requirement, the radiation survey instrument must be capable of measuring 0.1 mrem (0.001 mSv) per hour through at least 50 mrem (0.5 mSv) per hour. i 30 j

i

• 5 39.71 [ Amended]

28. In 5 39.71, paragraph (b) is amended by revising the reference to "5 20.3" to read "5 20.1003."

Dated at Rockville, Maryland, this f day of 1996.

For the Nuclear Regulatory Commission.

s Jame 'Jaylor, Exe jye Director for Operations.

W 1

s 31 l

]