ML20205D540

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Recommends That Revs to 10CFR30,32,40 & 70 Re Licensing of Sources & Devices Be Continued.Nmss Assuming Responsibility for Further Development of Rulemaking,Per 850528 Memo
ML20205D540
Person / Time
Issue date: 10/01/1985
From: Minogue R
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20205D544 List:
References
FRN-52FR2540, RULE-PR-30, RULE-PR-32 AB34-1-01, AB34-1-1, AB34-2-15, NUDOCS 8510160327
Download: ML20205D540 (3)


Text

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.i. k y AB34-1 PDR

/* ""% UNITED STATES g *, NUCLEAR nEGULATORY COMMISSION j

a je WASHINGTON, D. C. 20555

\...../ OCT 1 1985 MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research

SUBJECT:

DRAFT REC 0feENDATIONS TO ED0 CONCERNING THE CONTINUA'NCE OF ONGOING RULEMAKING SPONSORED BY RES: REVISION TO 10 CFR 30, 32, 40 and 70--LICENSING OF SOURCES AND DEVICES On May 28, '1985, RES transmitted a memorandum soliciting NMSS' coments/

concurrence on our reevaluation of the subject rulemaking package (Attachment 1). This reevaluation was conducted in accordance with the procedures set forth in your memorandum of February 13, 1984. In substance, my staff recommended termination of this rulemaking action in its present form, but noted that there was a genuine need to improve the regulation of sealed sources and devices and, further, that a request to reinitiate this rule-making action would be resubmitted in the future.

The staff recommendation to terminate this rule was based on three principal considerations. The first was that this rule was principally administrative in nature, i.e., it did not directly affect the public health and was, there-fore, of low relative priority within the Office. Second, in our judgment, the specifics of the rule and supporting documentation required substantial modification and restructuring in order to adequately support the proposed action. Third, current RES manpower limitations made it impossible to 4 reactivate the effort and complete action on this rule within the foreseeable future. Thus, it was felt that this rulemaking should be terminated and deleted from the Regulatory Agenda until such time as adequate resources became available.

In follow-up discussions NMSS indicated that they would be willing to assume responsibility for completion of this rule and felt they could complete the effort with presently available resources.

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s William J. Dircks 2 007 1 1985 Accordingly, I am recommending this rulemaking be continued and advise you that NMSS is assuming responsibility for the further development of this rule.

The complete RES review package has been sent to EDO (Attn: DEDROGR) and to the Director, NMSS.

M D'p Robert B. Minogue, Director Office of Nuclear Regulatory Research Attachments:

1. Memo, Gillespie to Cunningham dtd 5/28/85
2. Memo, Cunningham to Gillespie dtd 6/10/85 4

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RES REVIEW PACKAGE l

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