ML20209C383
| ML20209C383 | |
| Person / Time | |
|---|---|
| Issue date: | 11/21/1985 |
| From: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Ryan Alexander NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20209A892 | List:
|
| References | |
| FRN-49FR1205, RULE-PR-20 AA39-2-030, AA39-2-30, NUDOCS 8704280666 | |
| Download: ML20209C383 (2) | |
Text
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2 1 1985 MEMORANDUM FOR: Robert E. Alexander, Chief Health Effects and Occupational Radiation Protection Branch Office of Nuclear Regulatory Research FROM: William J. Olmstead Director and Chief Counsel Regulations Division Office of the Executive Legal Director
SUBJECT:
IMPROVED PERSONNEL DOSIMETRY PROCESSING We have reviewed the draft Comission paper and accompanying attachments, including the draft Federal Register notice containing proposed amendments to 10 CFR Part 20 to require the use of accredited personnel dosimetry processors, and have the following comments.
Since all rulemaking proceedings are now subject to the applicable provisions of the Comission's recently promulgated backfit rule (50 FR 38097-38113 September 20,1985) Federal Register rulemaking notices and associated Commission papers must state whether the proposed changes con-stitute a backfit within the meaning of the rule (10 CFR 6 50.109(a)(1)) .
and if so, that the requisite analysis justifying imposition of the backfit has been prepared (see 10 CFR 5 50.109(c)). If imposition of the backfit cannot be justified, new requirements, including those established by rule, may only be imposed prospectively.
As defined in 9 50.109(a)(1), "backfitting" is "the modification of or addition to systems, structures, components, or design of a facility; or the design approval or manufacturing license for a facility; or the proce-dures or organization required to design, construct or operate a facility;
... " The nine factors for evaluating backfits (6 50.109(c)) were developed from the Regulatory Analysis Guidelines in NUREG/BR 0058 and the CRGR charter, both of which are applicable to this rulemaking. Conse-quently, the paper should already be supported by the required analysis.
While the Regulatory Analysis Guidelines and CRGR charter do not literally require the staff to drop the backfit portion of a rulemaking where it is unable to find a " substantial increase in overall protection" as stated in 10 CFR 6 50.109(a)(3), it is questionable whether the Commission would choose to proceed with any rulemaking where the justification was unable to withstand a 6 50.109(a) analysis. Consequently, a paragraph addressing the backfit considerations should be added to the Commission paper and to the preamble of the draf t final rule.
42 666 870422 20 49FR1205 PDR f0NhYJ
1 1 .
Since copies of Enclosure D, Periodic and Systematic Review of Regulations, and Enclosure E, Initial Regulatory Flexibility Act Analysis were not supplied, we are unable to evaluate either the adequacy of these documents or the accuracy of the references to these documents in the Draft Comis-sion paper (see p. 7) and in the draft Federal Register notice (see Enclo-sure A, pp. IT16).
Category IV of the Analysis of Coments (Attachment C) contains several references to " legal rulings which prohibit differentiation of fees based on business size." See pp. 1, 8, 10 and 11. However, no citations to the legal authority for this statement are given. We are unable to evaluate the accuracy of these references without the requisite citations.
Minor typos and editorial revisions are marked on the following pages:
Draf t Comission Paper - pp. 4, 5, 6 and 10.
1 Draft Federal Register Notice - pp. 1, 2, 6, 7, 11, 12, 13, }
15, 16 and 17.
Comment Analysis:
Category II - pp. 3, 4 and 5.
Category III - p. 1.
Category IV - pp. 1, 6, 7, 8 and 10.
WAL 0 William J. mstead Director and Chief Counsel Regulations Division Office of the Executive Legal Director cc: Harold T. Peterson, Jr.
Donald 0. Nellis
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