ML20195J574
| ML20195J574 | |
| Person / Time | |
|---|---|
| Issue date: | 04/22/1999 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20195J506 | List: |
| References | |
| FRN-64FR11508, RULE-PR-170, RULE-PR-171, RULE-PR-30, RULE-PR-31, RULE-PR-32 SECY-99-108-C, NUDOCS 9906210045 | |
| Download: ML20195J574 (2) | |
Text
.,
NOTATION VOTE t
RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: COMMISSIONER DIAZ
SUBJECT:
SEC.Y-99-108 - PROPOSED RULE: 10 CFR PARTS 30,31, 32,170, AND 171 " REQUIREMENTS FOR CERTAIN GENERALLY LICENSED INDUSTRIAL DEVICES CONTAINING BYPRODUCT MATERIAL" Approved x Disapproved . Abstain Not Participating COMMENTS: .
Please see attached comments, i
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. Commissioner Diaz's Comments on SECY-99-108:
I approve the publication of the proposed rule changes in the Federal Reaister, including the l proposed method of collecting fees to support the program, with the following modifications:
1.- Draft NUREG-1556, Volume 16, should be modified to include additional guidance on safety instructions and precautions that need to be provided to general licensees. The instructions should include limitations on use of the device, instructions for testing the device, response to failures or accidents, and methods for disposal.
- 2. The press release should be issued immediately after publication of the proposed rule in
, the Federal Register and include appropriate reference to the Federal Reaister.
I appreciate the comments and issues expressed by the representatives of the Steel Manufacturers Association, the American Iron and Steel lnstitute, the Organizatio'n of Agreement States, and the Conference of Radiation Control Program Directors during the April 16,1999, briefing. The staff should give these comments appropriate consideration during development of the final rule.
Issues conceming design of generally licensed devices and limitations on the types and quantity of devices that may be used under the general license should be handled separate from this I rulemaking since these issues are being reviewea as part of the current Materials Risk Study.
The staff has adequately reviewed the pros and cons of a National Database that would include all devices registered by NRC and Agreements States and I support their conclusion to not implement a National Database. Specifically, implementation of a National Database would require Agreement States to adopt 10 CFR 31.5 as a compatibility B regulation. Adoption of 10 CFR 31.5 as a compatibility C regulation, as proposed by the staff, provides an adequate Lievel of assurance of health and safety while allowing the Agreement States sufficient latitude in the development and implementation of accountability programs. This is especially important since some Agreement States already have implemented accountability programs for the general licensees identified in this rulemaking. !
The concems expressed during the briefing about the method of assessing fees and Information !
. Technology (IT) enhancement or development to support the registration program appear to be
_ generic issues that go beyond the general license registration program. _ Specifically, the method of assessing fees is consistent with the current method of assessing fees for specific licensees !
and the staff is following the current process and procedures for evaluation and development of the necessary IT needs to support the registration program. Therefore, any changes to these 4 processes or procedures should be handled separate from this rulemaking.
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