ML20209C248
| ML20209C248 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/1985 |
| From: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ryan Alexander NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20209A892 | List:
|
| References | |
| FRN-49FR1205, RULE-PR-20 AA39-2-026, AA39-2-26, NUDOCS 8704280630 | |
| Download: ML20209C248 (3) | |
Text
/$/) f f-L lOR UNITED STATES NUCLEAR REGULATORY COMMISSION 3
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WASHINGTON, D. C. 20555
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DEC 2 01935 MEMORANDUM FOR: Robert Alexander, Chief Health Effects and Occupational Radiation Protection Branches Office of Nuclear Regulatory Research FROM:
John Philips, Chief Rules and Procedures Branch Division of Rules and Records Office of Administration
SUBJECT:
FINAL RULE ENTITLED " IMPROVED PERSONNEL i
D0SIMETRY PROCESSING" The Division of Rules and Records (DRR) appreciates the opportunity to comment on the draft final rule which will amend 10 CFR Part 20. A DRR-marked copy of the rulemaking package is enclosed for your information. DRR has a number of comments to make with regard to this rulemaking package, chief among which is that since we have not received all of the enclosures, our comments are at best initial and should not be considered as DRR's final comment on this rulemaking package.
t We have previously discussed with Don Nellis a potential problem regarding cross references to NBS's standards (15 CFR Part 7) and an incorporation by reference of the ANSI standard (pp.17 and 18 of the Federal Register notice). We indi-cated that there were certain procedures that should be followed to overcome any difficulties in having the final rule published in the Federal Register.
Enclosed are three documents that should be helpful in preparing the necessary documents:
(1) Excerpt from a Federal Register notice published on March 28, 1985, that explains the Federal Register's requirements for cross referencing; (2) Section 51 of Title 1 of the CFR which sets out the requirements for obtaining approval for incorporation by reference from the Office of the Federal Register; and (3) i ANSI N13.11-1983, the standards that are to be incorporated by reference.
On pages 4 of the Commission Paper, 7 and 18 of the Federal Register notice, i
and 15 of the Comment Analysis, there are references to 15 CFR Part 7b and 15 CFR Parts 7(a), (b), and (c) which we believe to be incorrect references. We l
have sent the most recent version of 15 CFR Part 7 to Don Nellis.
Although five alternative options are discussed in the Federal Register notice, there is no rationale given for the selection of Option 38. A more detailed discussion and conclusion were contained in the proposed rulemaking package and covered over four and one-half pages of the Federal Register notice. There must be a clear statement regarding the adoption of Option 3B included with this final rulemaking package.
l The Final Regulatory Flexibility Analysis (FRFA) falls short of meeting the requirements of the Regulatory Flexibility Act. As a result, as written, the FRFA is conclusory and without adequate analysis. There is scant mention of l
the small processors who will be affected by this rulemaking. Once again, at 8704280630 870422 PDR PR 20 49FR1205 PDR h0 0 0$
r Robert Alexander DEC 2 31585 the proposed rule stage, the Initial Regulatory flexibility Analysis was quite complete, its discussion was well documented, and it filled almost five pages of text. DRR can only comment on the content of the FRFA because it has not yet received a copy of the L.gulatory Analysis for this rulemaking.
The analysis of public comments in the Federal Regdater nr..ce should provide in more ample detail.a scamarization ce synops._ if the ermments and the NRC's responses so that the na, ice meets Administ.ative-n oce.
Act requirements and can be read independently of Enclosure C, "A tis of Q.-
eats," intended for placement in the PDR.
All documents cited in this rulei..akio: oackage should be publicly a.
h a, and it is the responsibility of the cris < ; ting office to verify with tt..
'e ^ f of the PDR that the documents are avatiu le to the public.
In the List of Subjects, a new term " personnel 6nonitoring" has been introduced.
After checking the available list of subject terms found in the Office of the Federal Register Thesaurus, we find that this new term is not included and would recommend that the term currently found in Part 20, " occupational safety and health" would cover the intent of the new term.
The Summary statement has been revised to reflect the requirements of the Office of the Federal Register, the Authority Citation has been revised and brought up to date, and the Paperwork Reduction Act Statement has been revised to reflect the correct boilerplate statement.
Other grammatical and stylistic comments have been noted in the margins.
If you have any questions regarding this review and comment, please call me on extension 27086 or Sarah Wigginton on extension 27752.
hk.-
J hilips. Chief Rules and Precedures Branch Division of Rules and Records Office of Administration
Enclosures:
As stated
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REWRITE OF
SUMMARY
STATEMENT TO REFLECT OFR REQUIREMENTS
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regu-lations to require all licensees who use personnel dosimetry devices to have the devices processed by those processors who have been accredited by the National Voluntary Laboratory Accreditation Program of the National This action is being +pr; ken;: red because tests have a
Bureau of Standards.
indicated that a significant percentage of personnel dosimetry processors may not be performing with a reasonable degree of accuracy. These amendments would result in greater uniformity and accuracy in personnel dosimetry processing for all affected licensees.
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