ML20199H194
| ML20199H194 | |
| Person / Time | |
|---|---|
| Issue date: | 01/28/1998 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Hallisey R MASSACHUSETTS, COMMONWEALTH OF |
| Shared Package | |
| ML20199H199 | List: |
| References | |
| NUDOCS 9802040437 | |
| Download: ML20199H194 (6) | |
Text
___
IJAN 2 8133 Mr. Robert M. Hallisey, Director Radiation Control Program Department of Public Health 305 South Street,7th Floor Jamaica Plain, MA 02130 -
Dear Mr. Hallisey:
As requested, we have reviewed ihe proposed regulations in the draft of 105 CMR 120.770, Transportation of Radioactive Matedal, dated July 10,1997. The regulations were reviewed by comparison in the equivalent NRC regulations in 10 CFR Part 71. We also discussed our review of thr, regulations with Mr. Salifu Dakubu, contacted on December 17,1997.
As a result of our review we have six comments that have been identified in the enclosure.
Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the comments and without other significant change, they would med the compatibility and health and safety categories established in OSP Internal Procedure B.7.
We request that when the proposed regulations are adopted and published as final regulations,
- a copy of the "as published
- regulations be provided to us for review. As requested in our All Agreement States Letter SP 96-027, "Reauest to Hiahliaht Chanaeslo Aareement State Reaulations Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible, if you have any questions regarding the comments or any of the NRC regulations used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415 2322, or by Intemet at RLB@NRC. GOV.
l Sincerely, 4
WWW PAULH.LOHAUS 9002040437 900120 Paul H. Lohaus, Deputy Director PDR STPRO ESO og Office of State Programs Enclost.ru As stated nann 87 I
Distribution:
DlR RF (7S267)
DCD (SP05)
I SDroggitis PDR (YES_f_ NO
)
Massachuretts File l
DOCUMENT NAME: G:\\RLB\\97S267LT.WPD
- See Previous Concurrence.
To recebe e cap ' of thee sk tument, Indicate in the box: *C" = Copy w$out ettschment/enclosud T e Cop f wm attachment /e*we.4."N" a No copv OFFICE OSP OSP:DD OGC OSP:D//51/
l NAME RLBlanton:nb PHLohaus FXCameron RLBangart' "I't, n DATE
= 12/23/97 * -
12/23/97
- 1/6/98*
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January 28, 1998
- Mr Mobert M. Hallisey, Director
' Radiation Control Program Department of Public Health
- 305 South Street,7th Floor Jamaica Plain, MA 02130
Dear Mr. Hanisey:
As requested, we have reviewed the proposed regulations in the draft of 105 CMR 120.770, Transpodation o(Radioactive Material, dated July 10,1997. The regulations were reviewed by comparison to the equivalent NRO regulations in 10 CFR Part 71. We also discussed our review of the regulations with Mr. Saldo Dakubu, contacted on December 17,1997,
' As a result of our review we have six comments that have been identified in the enclosure.
Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation reay only be made 'ossed on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the comments and without other significant change, they would meet the compatibility and health and safety categories established in OSP Internal Procedure B.7.
We request that when the proposed regulations are adopted and published as final regulations,
- a copy of the "as published
- regulations be provided to us for review. As requested in our All Agreement States Letter SP g6-027, 'R-* to Hiahlioht Charia== to Asieerneat St=*=
Regulations Submitted to NRC for Corn utibihty Revmw" (March 1,1996), please highlight the final changes and send one copy it. a computer readable format, if possible, if you have any questions regaruing the comments or any of the NRC regulations used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322, or by Intemet at RLBONRC. GOV.
f)iGrely, 3
b s
hau
. Lohaus, Deputy Director Office of State Programs-
Enclosure:
' As stated
COMMENTS ON PROPOSED MASSACHUSETT8 REGULATIONS AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES State NRC NA Appro red Grtanorv Regu.ation Regulation R$8 fif any Rublect and Comment B
None 10 CFR 71.4 -
Definition of
- Maximum normal operating pressure' An equivalent definition should be adopted. The term is used in section 71.85. (120.784) 8 120.774 10 CFR 71.10 -
- Exemptions for low level materials
- Rule subsections equivalent to 71.10(b) and (c) should be adopted.
B 120.778 10 CFR 71.13 -
"Previously approved package' In subsection (B)(1), equivalent to 71.13(b)(1), change the cut off date for completing the fabrication of packaging for use under this general license from
" April 1,1996" to " April 1,1999."
D 120.781 10 CFR 71.18 -
' General license: Fissile material, limited quantity per package' Adoption of a rule equivalent to 10 CFR 71.18 is not required for purposes of compatibility or because of health and safety significance; however, if you choose to adopt an equivalent rule, it should not create conflicts or gaps with the NRC rule. Emergency amendments to 10 CFR 71.18 were published on February 10,1997 (62 FR 5907) to correct a defect in the rule which could have permitted a criticallity accident to occur. We recommend that subsection 120.781(C) be amended, and new subsections added, to adopt the amended NRC rule.
B None 10 CFR 71.89 -
' Opening instructions" A regulation equivalent to 10 CFR 71.89 should be adopted.
Tcxt of the NRC regulations as of January 1.1997, may be copied from the NRC reference library website at http:llwww.nrc. gov /NRCireference.html. Text cf amendments published after January 1,1997, may be copied from the GPO databases at http://www. access.gpe. gov /su_ docs /aceslances002.html. Select FR volume 62 and cnter the search terms 'NRC AND date="*"(where *" is the date the rule was published).
l Mr. Robert M. Hallisey, Director.
Radiation Control Program Department of Public Health 305 South Street,7th Floor '
Jamaica Plain, MA 02130
Dear Mr. Hallisey:
As requested, we have reviewed the proposed regulations in draft of 105 CMR 120.770, Transportation o(Radioactive Material, dated July 10,1997.
regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Pa 71. We also discussed our review of the regulations with Mr. Sallfu Dokubu, contacted December 17,1997. -
As a result of our review we have six comments that have n identified in the enclosure.
Please note that we have limited our review to regulations uired for compatibility and/or health and safety. Under our current procedure, a finding t at a State regulation meets the compatibility and health and st.foty categories of the equiv nt NRC regulation msy only be made based on a review of the final State regulation._ H ver, we have determined that if your proposed regulations were adopted incorporating the com nts and without other significant change, they would meet the compatibility and health and safety categories established in OSP Intemal Procedure B.7.
~
We request that when the proposed regulations are ad ed and published as final regulations, a copy of the 'as pubished' regulations be provided to for reviewc As requested in our All Agreement States Letter SP-g6-027, 'Phanant to Hiahl' hi Chana== to Asin.T. eat R*=*a Paant=*ians Anhmi+4ad to NRC for Com= na RcVrf (March 1, igg 6), please highlight the v
final changes and send one copy in a computer reada le format, N possible, if you have any questions regarding the comments or ny of the NRC regulations used in the review, please contact me or Mr. Richard Blanton of y staff at (301) 415 2322, or by Intemet at RLBONRC. GOV.'
Sincer y, Paul. Lohaus, Deputy Director Offi of State Programs
Enclosure:
As stated Distribution-
- DlR RF (7S267)
DCD (SP05).
- SDroggitis
- Massachusetts File PDR (YESJ__ NO
)
DOCUMENT NAME:. G:\\RLB\\g7S267LT.WPD v ww..
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Mr. Robert M. Hallisey, Director -
Radiation Control Program Department of Public Health
- 305 South Street,7th Floor Jamaica Plain, MA- 02130
Dear Mr. Hallisey:
-As requested, we have reviewed the proposed regulations in the draft of 105 CMR 12pdo, Transporfation of Radioactive Material, dated July 10,1997. The regulations were viewed by_
oomparison to the equivalent NRC regulations in 10 CFR Part 71. We also die sed our
- review of the regulations with Mr. Salifu Dakubu, contacted on December 17, 7.
As a result of our review we have six comments that have been ident' in the enclosure, Please nc'.s that we have limited our review to regulations required f compatibility and/or health and safety. Under our current procedure, a findi_ng that a 8 e regulation meets the -
D; compatibility and health and safety categories of the equivalent C regulation may only be
- made based on a review of the final State regulation. Howev, we have determined that if your proposed regulations were adopted incorporating the com.
nts and without other significant change, they would meet the compatibility and health a ' safety categories established in OSP Intemal Procedure B.7,
.We request that when the proposed regulations
' adopted and published as final regulations, a copy of the 'as published" regulations be p to us for review. As requested in our All.-
.~ Agreement States Letter SP-96-Oi7, *R=
- to HiaN%t Char== to Asie merd SW P=d=*%s Suhml**M to NRC for Com.- " "e Review" (March 1,1996), please highlight the
~
v final changes and send one copy in a puter readable format, if possible, if you have any questions regarding the comments or any of the NRC regulations used in the review, please contact me or Mr Michard Blanton of my staff at (301) 415 2322, or by Internet at RLSONRC. GOV.
Sincerely,.
Paul H. Lohaus, Deputy Director -
Office of State _ Programs
Enclosure:
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TASK,# - 7S267 DATE-10/06/97 MAIL CTRL. - 1997 TASK STAP.TED - 10/06/97 TASK DUF' - 11/06/97 TASK.. COMPLETED -
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