ML20247F434
| ML20247F434 | |
| Person / Time | |
|---|---|
| Issue date: | 04/13/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20247F394 | List: |
| References | |
| SECY-98-060-C, SECY-98-60-C, NUDOCS 9805190331 | |
| Download: ML20247F434 (7) | |
Text
_ _ _ _ _ _ __. . - - - - - - - - -
AFFIR M ATIO N VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-98-060 - FINAL RULE: REVISION OF 10 CFR 32.14(d)
TO PLACE TIMEPIECES CONTAINING GASEOUS TRITIUM LIGHT SOURCES ON THE SAME REGULATORY BASIS AS TIMEPIECES CONTAINING TRITIUM PAINT Approved i Disapproved Abstain Not Participating Request Discussion _
f() h.
~
188Mi M2 CORRESPONDENCE PDR W .N l SIGNATURE l' '
g Release Vote / .x / .M O IM DATE!
Withhold Vote / /
Entered on "AS" Yes / No
?/9'05/90 315/ i
\
l tritium paint because of significantly lower tritium leak rates from sealed glass tubes than from -
hmepieces containing the same amount of tritium as paint. Thus, allowing the exempt .
distnbubon of timepieces using GTLS under the same regulatory requirements as those used for timepieces containing tritium point could result in a lower dose to an individual and a lower collechve dose to the public. The distribution of timepieces containing larger quantities of gaseous tritium (up to 200 mCl) has been approved for use under $ 32.22, "Self-luminous products." These bmepieces have been evaluated against the safety entena specified in
$$ 32.22,32.23, and 32.24 and have been found acceptable.
The NRC believes that including GTLS in $ 32.14(d) to allow their exempt distribution for use under 5 30.15 would reduce unnecessary burdens for both the licensees and the NRC.
Without the adoption of this altemabwe, licensees have to manufacture timepioces under the stringent cnteria in $$ 32.22,32.23, and 32.24. The NRC must also review product design against these requirements. Becourn those stringent requirements are not deemed necessary for smaller quantibes of tritium, these burdens could be avoided without affecting public health and safety. Based upon the foregoing, the NRC has concluded that the distribution under
$ 30.15 and $ 32.14 should be allowed.
On September 19,1997 (82 FR 49173), the NRC published a proposed rule that i
' wi,rge.- ' 1 the petition in part, by removing the existing specific testing procedures for tritium from the regulations and leavng only a modified first sentence in $ 32.14(d)(1):
(1) The method of containment or binding of the byproduct material in the product is such that the radioachve matonal will be bound and will not become detached from the oroduct under the most severe conditions which are likely to be encountered h normal use and handhng.
This modificabon of f 32.14(d)(1) represented a performance-based approach by
. removmg the existing specific testmg procedures from the regulations and was eWM to A A .
4
guidance. Also this commenter requested that, because many timepieces are manufactured cbroad, the NRC acknowledge explicitly in its guidance that compliance with relevant intemational standards is sufficient to ensure compliance with the NRC performance standard.
The NRC intends to have the revised guidance document completed by the time this rule becomes effective. Regarding the requirement that timepieces manufactured abroad should meet NRC requirements, those timepieces should fulfill the criteria specified in NUREG -1562 or its equivalent.
IV. Agreement State Compatibility Under the Atomic Energy Act, certain regulatory functions are reserved to the NRC. t Among these are the distribution of products to persons exempt from licensing, as discussed in k
10 CFR Part 150. Therefore, this final rule will be an NRC Category of compatibility with regard to the manufacture and initial distribution of watches and other produc+s for use under an
,cxemption for licensing. NRC Category rules address those regulatory areas which are reserved to the NRC pursuant to the Atomic Energy Act and 10 CFR Part 150.
V. Environmentalimpact: Categorical Exclusion The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
7
UNITED STATES j
t NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006H001
.~
...../ -
f)wkJ b^y, b Ns The Honorable James M. Inhofe, Chairman
[']~
Subcommittee on Clean Air, Wetlands, Private k b^*4" ) "
Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee is a copy of a notice of a final rule to be published in the Federal Reoister and a copy of a press release. The rulemaking is in response to a petition for rulemaking (PRM-32 4) submitted by mb-microtec, Inc.
The U.S. Nuclear Regulatory Commission is amending its regulations to permit the distribution of timepieces containing gaseous tritium light sources (GTLS) to be regulated in accordance with the same requirements as timepieces containing(riyum-ga. int. This amendment simplifies the licensing process;and' facilitates,1 t he use of a new 4 tectISTogy in self-illuminated timepiecep M resdis sn s.gn i Geu+ %:o % 1.'< ws r e s ud rdlc, g h m L s:c u a q p e u k la '.Il h.used, b et, % 9+ de Kvt. d e [(@e(M.
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Senator Bob Graham l
p- - . _ . - . - _ . _ _
N ,.
NRC AMENDS REGULATIONS GOVERNING TIMEPIECES CONTAINING TRITlUM The Nuclear Regulatory Commission is amending its regulations to simplify the licensing process for timepieces containing tritium. The amended regulations will permit timepieces containing Gaseous Tritium Light Sources (GTLS) to be licensed under the same regulatory requirements as tim- containing tritium paint. These amended regulations are in response to a petition for rulemaking submitted by mb-microtec, Inc. of North Tonawanda, New York.
Tritium, a radioactive material, interacts with various radioluminescent materials incorporated in hands, numbers or other parts of timepieces to produce 'aminescence (light) which makes the dials and hands visible in the dark. The tritium may be either in the form of a gas contained in tiny sealed tubes - or in a luminescent paint. The amendments will not j
change the level of radiation protection provided to users and wearers of tritium illuminated timepieces. E nder existing regulations, timepieces containing tritium paint may be licensed under a sechon of the regulations that cor?.3 ins speedic prototype testing requirements. License nd whose products do not exceed the quantity )C l applicants able to meet these prototype )
limits per timepiece are able to meet the NRC licensing requirements. Some of these prototype 1 tests however, are not suitable for testing r r= ^it= hTLSkmepieces, so that applicants yt for a license to manufacture timepieces containing gaseous tritium cannot apply under this ;
sechon of the NRC regulations. They must now apply for a license under a separate section of the regulations that requires submittal of much additional information, such as detailed drawings, dimensions, materials of construction and so forth for each model or series.
0 uf 4Ah Md
+se
- % b -N Acie. 4o tk. f41.i 6% P,e ,o e u ab 6rts u
6 teu h h b .hques og 4% 5 p"q e w l P% 6 m b % i.A rw L ., aa 6 b 'YE "
um t _.2
The revised regulations remo% the specific requirements for prototype testing from the regulations but does not change the intent of the existing product performance standard.
Specific tests applicable to timepiecer containing either tritium paint or gaseous tritium light a y % es (aoac r< - \s 01.)
sources are iricurpe,1i in ,i NU"Cddocument for license applications for distribution of A
such products. TI, wwtscr sal L. iss#, t o3, !, We c (fec G d J e ,G w , A.
% s a.n s .,,{ sq (ies A. \; u sl 3 p ,,.n Cv -h -.p ces u & ~3 cgu'sm.m +. ~ &~ ~ -su.O a su~,,,, a - un - . a . x a ac. .
..a, a c,p t .a aay a
+4.an , a
l
$R Ri% 1
- g & UNITED STATES {
s j 2
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20e65-0001
\o..../ i j Otb t 4 Mr. Robert P. Murphy . .
General Counsel General Accounting Office leyy, b ',#
Tf' nu ,14 .
441 G. St., NW Washington, DC 20548
Dear Mr. Murphy:
l Pursuant to Subtitle E of the Small Business Regulatory Enforcement Faimess Act of 1996, l 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission is submitting a final rule amending its l regulations goveming licensing requirements for persons who incorporate byproduct material ;
into certain items, or who initially transfer certain items containing byproduct material. This final I rule is in response to a petition for rulemaking submitted by mb-microtec, Inc. (PRM-32-4) to ,
cllow distribution of timepieces containing less than 0.925 GBq (25 mci) of gaseous tritium light !
sources (GTLS) to be regulated according to the same requirements that regulate timepieces containing tritium palat. '
k anodeAed Cass i The amended regu ions would permit exempt distribution of timepieces using GTLS that contain less than .925 GBq (25 mci) of tritium per timepiece, and would reduce unnecessary licensing burden , for both licensees and the NRC associated with the licensing of timepieces k containing greater than 0.925 GBq (25 mci) of tritium. In addition, the dose to the public from ;
timepieces using GTLS is expected to be less than from timepieces using the same quantity of tritium as paint, because the tritium leak rate from sealed glass tubes is significantly lower than from paint.
Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register f:r publication. The Regulatory Flexibility Certification is included in the final rule. This final rule '
is scheduled to become effective 60 days after publication in the Federal Reoister.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule
o UNITED STA.TES
- $[f ~k j
NUCLEAR REGULATORY COMMISSION WASHINGTON. D C 20555-0001
% 5 May 13. 1998 IN RESPONSE, PLEASE l
k*****,/ REFER TO: M980513 OFFICE OF THE SECRETARY MEMORANDUM FOR: L. Joseph Callan Execu ' e Direc r fo Operations FROM: Johp .Ho e, cretary
/
SUBJECT:
AFF REQUIREMENTS - AFFIRMATION SESSION,10:30 A.M., WEDNESDAY, MAY 13,1998, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
L SECY-98-046 - Final Rule: Amendments to 10 CFR Parts 30. 40. 50. 70. AND 72 -
Self-Guarantee of Decommissioning Fundina by Non-Profit and Non-Bond issuina Licensees The Commission' approved a final rule amending 10 CFR Parts 30,40,50,70, and 72 to allow additional materials licensees and non-electric utility reactor licensees who meet certain financial criteria to self-guarantee funding for decommissioning. This rule allows nonprofit licensees, such as colleges, universities, and hospitals, as well as some commerciallicensees who do not issue bonds, to self-guarantee funding provided they meet similarly stnngent financial criteria. Allowing additional qualified licensees to use self-guarantee reduces licensee costs while providing adequate assurance that funds for decommissioning will be available when needed.
The Federal Reaister notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and ,
publication.
(EDO) (SECY Suspense: 6/26/98)
The staff should revice the next update of Regulatory Guide 3.66 to include guidance for hAb l licensees on utilization of the new criteria. /y l (EDO) (SECY Suspense: 3/26/99) p[
I
' Section 201 of the Energy Reorganization Act,42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members present." Chairman Jackson and Commissioners Dicus and McGaffigan were present in the Conference Room. Commissioner Diaz participated in the meeting via speakerphone.
--ffCf~LL C3.O-f. SP).
(
L.
(
JL SECY-98-060 - Final Rule: Revision of 10 CFR 32.1,4(d) to Place Timeoieces Containina Tritium Liaht Sources on the Same Reaulatorv Basis as Timeoieces Containina Tritium Paint The Commission: approved a final rule amending 10 CFR Part 32 in response to a petition for rulemaking submitted by mb-microtec, Inc. The rule change will allow distribution of timepieces that contain less than 25 mci of gaseous tritium light sources to be regulated according to the same requirements that regulate timepieces containing tritium paint.
The final rule should be revised to incorporate the attached changes. Following incorporation of these changes, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
(EDO)- (SECY Suspense: 6/26/98)
Attachment:
As stated cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan EDO OGC CIO CFO OCAA OCA OlG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
PDR - Advance DCS - P1-17 8 Section 201 of the Energy Reorganization Act,42 U.S.C. Section 5841, provides that action of the C ommission shall be determined by a " majority vote of the members present." Chairman Jackson and Commissioners Dieus and McGaffigan were present in the Conference Room. Commissioner Diaz participated in the meeting via speakerphone.
Editorial Changes to the Rulemaking Package in SECY-98-060
- 1. Changes to the Federal Reaister notice:
- a. On page 4, last line, insert an 'r' at the beginning of the first word.
- b. On page 7,Section IV., line 3, place quotation marks around 'NRC.'
- 2. Changes to the letters to inhofe and Schaefer:
- a. Change the last sentence to read: "This amendment simplifies the licensing process, facilitates the use of a new and safer technology in self-illuminated timepieces, and results in significant savings to licensees and the NRC."
- b. Add a new last sentence to read: " Guidance for license applicants will be issued, for use, by the effective date of the rule."
- 3. Changes to the Press Release:
- a. Insert at the end of the second paragraph: "In fact, the dose to the public from timepieces using GTLS is expected to be less than that from timepieces using the same quantity of tritium as paint, because the tritium leak rate from sealed glass tubes is significantly lower 'han from paint."
- b. In paragraph 3, line 3, delete the cu.1ma.
- c. In paragraph 3, line 5, delete ' gaseous tritium
- and remove the parentheses around 'GTLS.'
- d. On page 2, last paragraph, line 1, delete the 's' on ' removes' and in line 2, delete the 'es' on 'does.'
- e. In line 4, replace 'the NUREG' with 'a guidance' and insert *(NUREG-1562)' after
' document.'
- f. Add a new sentence to the end of the paragraph: "The NUREG will be issued for use by the effective date of the rule."
- g. Add a new paragraph at the end: "This amendment simplifies the licensing process for timepieces containing GTLS, facilitates the use of a new technology >
in self-illuminated timepieces, and results in significar t savings to licensees and the NRC."
- 4. Changes to the letters to Murphy, Gore, and Gingrich:
- a. In paragraph 2, line 3, insert 'and associated costs' after ' burdens.'
i i
O