Text

Request for OMB Review & Supporting Statement Re 10CFR19, Notices,Instructions & Repts to Workers:Insp & Investigations. Estimated Burden 46,018 H
	ML20248E972
Person / Time
Issue date:	05/06/1998
From:	Shelton B; NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:	;
Shared Package
ML20248E975	List: ML20248E972; ML20248E978;
References
	OMB-3150-0044, OMB-3150-44, NUDOCS 9806040054
	Download: ML20248E972 (17)
	v • d • e

_ _ _ _ _ __________,___ _ _

hk PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or a asistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additiona! documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102,72517th Street NW, Washington, DC 20503

1. Agency / Subagency originating request

_L. OMB control number U.S. Nuclear Regulatory Commission X

a.

3150- 0044 b.None

3. Type of information collection (check one/

4. Type of review requested / check one/

a. New collection X

a. Regular submission

c. Deleguied X

b. Revision of a currently approved collection

b. Emergency - Approval requested by (date):

c. Extension of a currently approved collection S. Will this information collection have a

,, y,,

significant economic impact on a

d. Reinstatement, without change, of a previously approved collection for which approval has expired substantial number of small entities?

X b.No

e. Reinstatement, with change, of a previously approved X a. Three years from approval date collection for which approval has expired egyested 6 expiration date

f. Existing collection in use without an OMB control number

7. Title 10 CFR 19, Notices, instructions, and Reports to Workers: Inspection and Investigations y c-m

8. Agency forrn number (s) /// applicable /

t N

r E5

.J4 p w

9. Keywords

[q

,j Raciation Safety, Nuclear Radiation, Monitoring, Individual Doses 7

E:.

N N

10. Abstract

[ q 10 CFR Part 19 requires licensees to advise workers of their radiation exposure annually,5t terrkination of employment, at the request of the worker, or when the licensee must report employee radiationJxposure information to the NRC.

~

^

11. Affected pubhc (Mark primary with *P"and an others that apply warh *X*)

12. obhgation to respond (Mark prknary with "P* and OM others ther apply with X*/

X

a. Individuals or households

d. Farms

a. Voluntary P

b. Business or other for-o ofit X

e. Federal Government

b. Required to obtain or retain benefrts P

c. Not-for-profit institutions Y f. state, Local, or Tribal Government P

c. Mandatory

13. Annual reporting and recordkeeping hour burden

14. Annual reporting and recordkeeping cost burden (in thousands of dottars/

a. Ramber of respondents 280

a. Total annuskred caprtal/startup costs 0

b. Total annua l responses 414,80o

b. Total annual costs to&M) 0

1. Percentage of these responses

c. Total annualized cost requested o

collected electronically c

d. Current OMB Inventory 0

c. Total annual hours requested 46,018

- Diff*'ence o

d. Current oMB inventory 33,417

f. Explanation of difference

e. Difforence 12,601

1. Program change

f. Explanation of difference

2. Adjustment

1. Program chan;a

2. Adjustment 12,601

15. Purpose of information collection

16. Frequency of recordkeeping or reporting (Check all that apply /

(Mark prirnary with *P' and all others that apply with *X*)

X

a. Recordkeeping l X lb. Third-party disclosure

b. Program evolusuon

e. Program planning or management T

a. Application for benef)ts

c. Reporting

f. Resear.:h

1. On occasion

2. Weekly

3. Monthly

c. General purpose statistics T

g. Regulatory or comphance

4. Quarterly

5. semi-annually

6. Annually

d. Audit D \\

8. otner (describe)

/. BienniW As needed

17. statistical methods

16. Agency contact (person who can best unswer questions regarding the

,G content of this subrnission)

Does this information collection employ statistical methods?

Name:

Roberta ingram, NRR Yes.

X No

^

9806040054 980506 Phone:

301-415-1219 PDE ORG EUSOMB PDR cy/f-}f 1o/95

&,.a J

, pfy/)

19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection ofinformation ennmpassed by this request complies with 5 CFR 1320.9.

NOTE:

Th.: text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the instructions.

The certification is to be made with reference to those regulatoryprovisions as setfort s in the imtructions.

i The following is a summary of the topics, regarding the proposed collection ofinformation, that the certification covers:

(a) It is necessary for the proper performance of agency functions; I

(b) It avoids unnecessary duplication; (c) It reduces burden on small entities; I

(d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

]

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices; (f)

It indicates the retention periods for recordkeeping requirements; (g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

(i) Why the information is being collected; (ii) Use ofinformation:

{

(iii)

Burden estimate; (iv)

Nature of response (voluntary, required for a benefit, or mandato; ;;

(v) Nature and extent of confidentiality; and (vi)

Need to display currently valid OMB control number; (h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected (see note in Item 19 of the instructions).

(i)

It uses effective and efficient statistical survey methodology; and (j)

It makes appropriate use ofinformation technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

l l

Date -

Signature ofjsenior Official or designee N.

V li s b

'V 10/95 OMif83-1

\\

/

\\

l

=

l J

s FINAL SUPPORTING STATEMENT FOR 10 CFR PART 19

" NOTICES, INSTRUCTIONS, AND REPORTS TO \\NORKERS: INSPECTION AND INVESTIGATIONS" (OMB Clearance No. 3150-0044)

Extension Request with Revised Burden Estimate DESCRIPTION OF THE INFORMATION COLLECTION 10 CFR 19.12 "Allindividuals who in the course of employment are likely to receive in a year an occupational dose in excess of 100 mrem (1mSv) shall be kept informed of the storage, transfer, or use of radiation and/or radioactive material; instructed in the health protection problems associated with exposure to radiation and/or radioactive material, in precautions or procedures to minimize exposure, and in the purposes and functions of protective devices employed; instructed in, and required to observe, to the extent within the worker's control, the applicable provisions of Commission regulations and licenses for the protection of personnel from exposure to radiation and/or radioactive rneterial; instructed of their responsibility to report promptly to the licensee any condition which may lead to or cause a violation of Commission regulations and licenses or unnecessary exposure to radiation and/or radioactive material; instructed in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation and/or radioactive material; and advised as to the radiation exposure reports which workers may request pursuant to $19.13... The extent of these instructions shall be commensurate with potential radiological health protection problems present in the work place."

10 CFR Section 19.9 " Notifications and Reports to individuals," requires NRC licensees to give written reports of exposure to radiation as described in the following subsections from that regulation. The records of exposure to radiation referenced by 10 CFR Part 19.13 are maintained in accordance with the requirements of 10 CFR Part 20.

10 CFR 19.13(a) " Radiation exposure data for an individual, and the results of any measurements, analyses, and calculations M radioactive material deposited or retained in the body of an individual, shall be reported to the individual... Each notification and report shall: be in writing; include appropriate identifying data such as the name of the licensee, the name of the individual, the individual's social security number; include the individual's exposure information;

& d contain the following statement:

l This report is furnished to you under the provisions of the Nuclear Regulatory l

Commission regulation 10 CFR Part 19. You should preserve this report for further reference."

10 CFR 19.13(b) "Each licensee shall advise each worker annually of the worker's dose as shown in records maintained by the licensee pursuant to the provisions of @20.2106 of 10 CFR Part 20."

10 CFR 19.13(c)(1)(i), (ii) and (2) "At '.5e request of a worker formerly engaged in licensed activities controlled by the licensee, each licensee shall furnish to the worker a report of the worker's exposure to radiation and/or to radioactive material:..for each year the worker was required to be monitored under the provisions of $20.1502; and for each year the worker was l

_ A

e e

j l

2 required to be menitored under the monitoring requirements in effect prior to January 1,1994.

This report must be fumished within 30 days from the time the request is made or within 30 days after the exposure of the individual has been determined by the licensee, whichever is later.

I This report must cover the period of time that the worker's activities involved exposure to radiation from radioactive material licensed by the Commission and must include the dates and l

locations of licensed activities in which the worker participated during this period."

I 10 CFR 19.13(d) "When a licensee is required pursuant to @@20.2202,20.2203 20.2204, or 20.2206...to report to the Commission any exposure of an individual to radiation or radioactive material, the licensee shall also provide the individual a report on his or her exposure data included therein. This repod must be transmitted at a time not later than the transmittal to the Commission."

10 CFR 19.13(e) "At the request of a worker who is terminating employment with the licensee that involved exposure to radiation or radioactive materials, dui:ng the current calendar quarter or the current year, each licensee shall provide at termination to each worker, or to the worker's designee, a written report regarding the radiation dose received by that worker from operations I

of the licensee during the current year or fraction thereof. If the most recent individual monitoring results are not available at that time, a written estimate of the dose must be provided l

together with a clear indication that this is an estimate."

l 10 CFR 19.16(a) "Any worker or representative of workers who believes that a violation of the

[ Atomic Energy] Act, the regulations..., or license conditions exists or has occurred in license activities with regard to radiological working conditions in which the worker is engaged, may l

request an inspection by giving notice of the alleged violation to the Administrator of the appropriate Commission Regional Office, or to Commission inspectors. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of workers. A copy shall be provided the licensee by the Regional Office Administrator, or the inspector no later than at the time of inspection except that, upon the request of the worker giving such notice, his name and the name of individuals referred to therein shall not appear in such copy or on any record published, released or made available by the Commission, except for good cause shown."

A.

JUSTIFICATION 1.

Need for and Practical Utility of the Collection of Information Licensees are required to instruct workers en matters related to radiological working conditions. This instruction ranges from a tour of the workplace pointing out hazards to a one-week intensive course on radiation protection--involving the preparation of training material. Workers need to be educated about health risks from occupational exposure to radioactive materials or radiation, precautions or precedures to minimize exposure, worker responsibility to report promptly to the Commission any licensee conditions which may lead to or cause a violation of l

Commission regulations, and the individual radiation exposure reports which are available to them.

The licensee is required to control radiation doses to individuals in restricted areas so that, with the exception of planned special exposures under @20.1206, no one receives an annual dose which exceeds the limits established by 10 CFR

i 3

J i

20.1201. The annual limit shall be the more limiting of the total effective dose equivalent being equal to 5 rems or the sum of the deep-dose equivalent and the committed dose equivalent to any individual organ or tissue other than the lens of the eye being equal to 50 rems. The annual limit to the lens of the eye is 15 rems, and 50 rems to the skin, or to any extremity.

The individual should be informed of the radiation dose he or she receives because: (a) that information is needed by both a new employer and the individual when the employee changes jobs in the nuclear industry; (b) the individual needs to know the radiation dose received as a result of an accident or incident (if this dose is in excess of the 10 CFR Part 20 limits) so that he or she can seek counseling about future work involving radiation, medical attention, or both, as desired; and (c) since long-term exposure to radiation may be an adverse health factor, the individual needs to know whether the accumulated dose is being controlled within NRC limits.

Pursuant to 10 CFR 19.16, a worker may notify the Commission about radiological workinn conditions he believes are in violation of the Atomic Energy Act, the regulations, or license, and the worker may request an inspection. Upon receipt of such notice, the Commission must determine whether the complaint j

meets certain requirements specified in 10 CFR Part 19, and either request an inspection or determine that an inspection is not warranted and so notify the complainant in writing.

2.

Aaency Use of the information With the exception of 10 CFR 19.16, Part 19 information collections are not l

provided to the Commission; notices, instructions, and reports required by Part 19 are provided by NRC licensees to individuals participating in licensed activities.

As stated above, notices received pursuant to 10 CFR 19.16 must be reviewed by the Commission to determine whether the complaint meets certain requirements specified in 10 CFR Part 19. The Commission will then either-request an inspection or determine that an inspection is not warranted and so notify the complainant in writing.

3.

Reduction of Burden Throuah information Technoloav NRC encourages licensees to utilize any technology which would reduce the burden of recordkeeping and reporting. Notifications and requests made pursuant to 10 CFR Part 19 must be made in writing. Reports sent to NRC pursuant to 10 CFR Part 19 are r'ot sent electronically. On the average, the NRC l

receives only one report per year pursuant to 10 CFR Part 19, and this is in l

response to 10 CFR 19.16. Radiation record information is stored pursuant to 10 l

CFR Part 20; a majority of licensees currently store these records electronically.

4.

Effort to identify Duplication and Use Similar Information l

The information Requirements Control Automated System (IRCAS) was searched for duplication, and none was found.

a

4 There is no similar information available to the NRC. Licensees are required to maintain this information by the provisions of 10 CFR Part 20 and to report exposure information to workers pursuant to 10 CFR Part 19.

5.

Effor' to Reduce Small Business Burden There is no feasible way of reducing the burden on small businesses while still accomplishing the objective of informing individuals of their exposure to radiation.

However, the burden is small and should have no significant impact on operating Costs.

i 6.

Consequences to Federal Proaram or Policy Activities if the Collection is Not Conducted or is Conducted Less Freauently Workers would not be aware of their total radiation dose.

7.

Circumstances which Justifv Variation from OMB Guidelines This action does not vary from OMB guidelines.

8.

Consultations Outside the NRC Informal discussions have been held with licensees regarding the burden estimates developed for this Supporting Statement. Opportunity to comment on the collection was published in the Federal Reoister (63 FR 6782) on February 10,1998. No comments were received.

9.

Payment or Gift to Respondents Not applicable.

10.

Confidentiality of the Information Pursuant to 10 CFR 20.2106(d), information on doses to named individuals is l

protected under the Privacy Act.

11.

Justification for Sensitive Questions Not applicable.

12.

Estimated Industrv Burden and Burden Hour Cost-Section 19.12 Instruction to Workers There are approximately 6,100 licensees in the U.S. All are required to provide instructions to those who are likely to receive in excess of 100 mrem (1mSv) occupational dose in a year. The time required to provide instruction to their workers in the areas described in 10 CFR 19.12 can vary depending on the size and type of licensee, and this instruction can range from a tour of the workplace pointing out hazards to a one-week intensive course on radiation protection.

L

5 Preparation of the training material and dissemination of periodic updates to Part 19.12-type instructions are considered to be the paperwork burden involved in meeting the requirements of 10 CFR 19.12. Since preparation of training material is a one-time burden incurred when a licensee first obtains its license, most of the burden associated with the current list of 6,100 licensees has already been incurred and therefore is not applicable for this 3-year clearance period.

However, approximately 300 per year of the current list of 6,100 licensees are new licensees and therefore will incur a one-time burden in preparation of training materisl during this 3-year clearance period. The maximum burden is considered to be 80 hours9.259259e-4 days 0.0222 hours 1.322751e-4 weeks 3.044e-5 months to prepare a one-week course using existing instructional materials such as Regulatory Guides 8.13, " Instruction Concerning Prenatal Radiation Exposure," and 8.29, " Instruction Concerning Risks from Occupational Radiation Exposure." Roughly as many as 7% of the 300 new licensees (21 licensees) will expend this maximum effort (for a total of 1,680 hours0.00787 days 0.189 hours 0.00112 weeks 2.5874e-4 months ). Roughly 15% of the 300 new licensees (45 licensees) will expend 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months to develop two-day courses (for a total of 1,800 hours0.00926 days 0.222 hours 0.00132 weeks 3.044e-4 months ). The balance, approximately 234 licensees, will spend 8 hours9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months to develop basic safety training (for a total of 1,872 hours0.0101 days 0.242 hours 0.00144 weeks 3.31796e-4 months ). Thus, the total annual, one-time burden to comply with the 10 CFR 19.12 requirement to provide initial instruction to workers is estimated at 5,352 hours0.00407 days 0.0978 hours 5.820106e-4 weeks 1.33936e-4 months .

To the extent that licensees utilize the instructional material provided in Regulatory Guides 8.13 and 8.29, this burden is reduced.

The dissemination of periodic updates to the information initially provided to workers applies to all 6,100 licensees. Assuming that licensees modify / update the instructions to their workers on the average of once per year and the preparation and dissemination of this material require approximately one hour per licensee, then the total annual burden to prepare and disseminate periodic updates to Part 19.12-type material is 6,100 hours0.00116 days 0.0278 hours 1.653439e-4 weeks 3.805e-5 months . Therefore, the total annual burden to comply with the requirements of 10 CFR 19.12 is 11,452 hours0.00523 days 0.126 hours 7.473545e-4 weeks 1.71986e-4 months .

Section 19.13(b) Annual Reoorts to Current Emolovees There are approximately 6,100 licensees in the United States. Of this number, approximately 280 licensees meet the conditions of 10 CFR 20.1502 requiring individual radiation monitoring and are f aquired by 10 CFR 20.2206 to submit annual reports of the results of this monitoring to the NRC. The total number of people monitored by these 280 licensees is about 138,000 individuals. These data are based on reports which licensees have provided the NRC in compliance with the reporting requirement of 10 CFR 20.2206. Since each licensee shall advise each worker annually of the worker's dose and each dose report takes approximately 5 minutes of preparation time, the total compliance burden of 19.13(b) on the population of 280 licensees affected is estimated to be 11,500 staff-hours (138,000 reports / year x 5/60 hours / report = 11,500 hours0.00579 days 0.139 hours 8.267196e-4 weeks 1.9025e-4 months / year).

Section 19.13(c) Reoorts to Former Emolovees Approximately 280 licensees are affected by the requirement to provide an NRC Form 5 report to former employees of the total dose received while in the employment of the licensee. These licensees submit about 173,000 Form 5 reports to the NRC each year for individuals who are required to be monitored at

6 the end of the monitoring year or for individuals who have terminated their employment at the facility during the monitoring year. However, the number of individuals represented (as contrasted with the number of reports submitted) is around 138,000. This indicates that there is a fairly large transient group that changes employers more than once a year.

Assuming that 80% of the 173,000 Form 5 reports submitted represent individuals who request a report of the radiation dose they received during their entire period of employment at that licensee's facility, the total burden to the licensee in supplying these termination reports is 11,533 hours0.00617 days 0.148 hours 8.812831e-4 weeks 2.028065e-4 months / year (173,000 reports / year x 0.8 x 5/60 hours / report = 11,533 hours0.00617 days 0.148 hours 8.812831e-4 weeks 2.028065e-4 months / year).

Section 19.13(d) Reoorts to Individuals of Exoosure Data Contained in Reoorts to NR_Q Section 19.13(d) requires licensees to provide an individual with the same exposure data that licensees are required to send to NRC pursuant to Sections 20.2202,20.2203,20.2204 and 20.2206 of 10 CFR Part 20. Sections 20.2202 and 20.2203 require licensees to report to the NRC any incident involving a radiation dose that exceeds NRC limits. Section 20.2204 requires licensees to submit a written report to NRC within 30 days following any planned special exposure, and Section 20.2206 requires that licensees submit an annual report to NRC of the results ofindividual monitoring. Since these reports are generated under the requirements of 10 CFR Part 20, there is little additional burden necessary to meet the requirements of 10 CFR Part 19. To satisfy the requirements of 10 CFR Part 19, a copy of the individual's report data from the Part 20 report is provided to the affected individual, requiring less than 5 minutes per report.

Sections 20.2202 and 20.2203 affect approximately 280 licensees. In recent years (since 1991), the number of individuals receiving exposures in excess of regulatory limits has ranged from 2 to 14 persons per year. Assuming that: (1) there are an average of 8 reports per year of personnel receiving exposures in excess of regulatory limits, and (2) that each report takes approximately 5 minutes, the total compliance burden of 19.13(d) (for 20.2202 and 20.2203 reports) is estimated to be less than 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months per year (8 reports / year x 5/60 hours / report = 0.67 hours7.75463e-4 days 0.0186 hours 1.107804e-4 weeks 2.54935e-5 months ).

l The reporting burden of 19.13(d) for 20.2204 reports is approximately.25 hours2.893519e-4 days 0.00694 hours 4.133598e-5 weeks 9.5125e-6 months l

based on an estimated total of 3 reports per year (3 reports / year x 5/60 l

hours / report = 0.25 hours2.893519e-4 days 0.00694 hours 4.133598e-5 weeks 9.5125e-6 months ).

The reporting burden of 19.13(d) for 20.2206 reports is covered by 19.13(b),

above.

The burden for any additional report required by 19.13(d)is minuscule when compared with the burden for 19.13(b) and (c), as shown above.

r l

-a

\\

l Section 19.13(e) Reoort to Terminating Emolovee Section 19.13(e) requires that the licensee, at the request of a worker who is terminating empicyraent with the licensee which involved exposure to radiation or radioactive materials, provide a written report to each such worker, at termination, regarding the radiation dose received by the worker.

As these reports involve the same assumptions used for 19.13(c), the total compliance burden of 19.13(e)in the population of 280 affected licensees is estimated to be 11,533 hours0.00617 days 0.148 hours 8.812831e-4 weeks 2.028065e-4 months per year (assuming 80% of employees will request report) (173,000 reports / year x 0.8 x 5/60 hours / report = 11,533 hours0.00617 days 0.148 hours 8.812831e-4 weeks 2.028065e-4 months ).

Section 19.16(a) Reauests by Workers for inspections Out of 6,100 licensees in the U.S., it is estimated that the Commission receives only one notification / request each year pursuant to 19.16(a). These written requests are expected to take approximately 30 minutes to prepare. Thus, the total annual burden associated with 19.16(a) is estimated to be 30 minutes.

Total Estimate of Annualindustrv Burden The total estimated industry burden is shown on the attached burden tables.

13.

Estimate of Other Additional Costs None.

14.

Estimated Annualized Cost to the Federal Government There is no cost to the Federal government except for that involving requests by workers for inspections. Approximately one worker requests an inspection each year pursuant to 10 CFR 19.16. Each request takes an average of 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months to resolve. Thus, the estimated annual cost to the Federal government is $393 (1 report / year x 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months / report x $131/ hour). This cost is fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

15.

Reasons for Chanaes in Burden or Cost The overall burden has increased from 33,417 to 46,018 hours2.083333e-4 days 0.005 hours 2.97619e-5 weeks 6.849e-6 months . This increase in burden is the result of the addition of 11,452 hours0.00523 days 0.126 hours 7.473545e-4 weeks 1.71986e-4 months of recordkeeping burden and changes in the number of respondents. Specifically, the recordkeeping burden includes 300 licensees required to prepare one-time training materials (5,352 hours0.00407 days 0.0978 hours 5.820106e-4 weeks 1.33936e-4 months ) and 6,100 licensees required to prepare and disseminate periodic updates to instructional materials (6,100 hours0.00116 days 0.0278 hours 1.653439e-4 weeks 3.805e-5 months ) pursuant to 1'O CFR 19.12. The number of licensees has decreased from an estimate of 6,800 to a current estimate of 6,100. The estimate of affected individuals has decreased from 205,000 to a current estimate of about 138,000. The number of licensees who monitor the radiation exposure to their workers and who are required by 10 CFR 20.2206 to submit annual reports of the results of this monitoring to the NRC has been changed from an estimate of 440 to a current estimate of 280. Finally, the

8 number of NRC Form 5 reports sent to the NRC has been increased from 140,000 to the current estimate of 173,000. These revised estimates are based on the most recent data collected by the NRC and are contained in NRC NUREG-0713, Volume 18, " Occupational Radiation Exposure at Commercial Nuclear Power Reactors and Other Facilities 1996." By the rationale and estimates presented previously in this statement, these revised numbers result in an overall increase in the number of reports to individuals from 401,000 to a current estimate of 414,800.

16.

Publication for Statistical Use i

NRC does not publish this information for statistical use.

17.

Reason for Not Disolavina the Exciration Date The requirement is contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication, could become obsolete would be unduly burdensome and too difficult to keep current.

18.

Exceotions to the Certification Statement l

Not applicable, i

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS "Not applicable.

Attachment:

Burden Tables I

i

E N

Y 0

3 3

O 6

E/

0 3

3 6

DS RR 5,

5, 5,

5, 1

1 1

4 UU 1

1 1

3 BOH

(

RE E n

n S

n P

im im in im m

n N

m i

N O E P 0

0 0

D S 5

5 5

0 5

RE 3

UR B

S E

0 0

0 2

1 S

0 0

L N N

A 0,

4, 4,

8, E

T O 8

8 8

4 D

O P 3

3 3

1 1

4 S

R T

U E

B R

G 1 N EB L R B O R

)

A b

T P E T

(

E P

3 N

R LA SE 1

9 LA U ED 1

S N 1

2 U

N N 3

4 n

4 8

N N

O 9

9 o

9 4

4 N

A OP 4

4 it 1

c P S e

A SE S

E R R

0 3

0 R

i H

0 2

2 n

d 5,

8, 8,

/

1 e

T 3 6

0 0

1 0

1 1

re S $

5, 5,

5, vo O

1 1

1 C

C@

STNE F D O N 0

0 0

1 O

8 8

8 2

2 2

P S

ER gn i

tro N

a p

)

e

)

in )b c

d e

a R

O b

c d

e a

I tr (

(

T o3 3

3 3

6 l

3 3

6 C

o1 1

1 1

1 a

1 1

1 t

E e9 9

9 9

9 o

9 9

9 S

R1 1

1 1

1 T

1 1

1 l

j,

lli\\l!ll

]ll!

l1

]Il l

iI

\\

.~

m m

)R N

A E

E N

D Y

2 0

m E/

5 0

.R DS 3,

1, U

RR 5

6 B

UU G

BO

.N H

IP

(

2E EE LK BD AR T O R

C EP m

E R E s

r r

R E E h

h

+

L P K 8

1 A

ND 1

U ER m

N DO N

RC R

2 m

A UE H

1 2,

m BR

/

1 0

62 8

m T3 0

65 1

S 5,

5, 4 0,

1 O

1 41 6

C@

31 4

S R

.E

.P E

N E

E K

0 D

F 0

0 D

0 O R 3

1, R

O 6

NU EB C

D G E

R N R

UI BP a

E G E NK I

e TD N

)

gm RR E

n i

OO D

i t

PC R

p e e n EE U

N e (o RR B

O k

I d

LL L

o 2 2

2 AA A

T r

C c

1 1

1 TT T

E e 9 9

9 OO O

S R

TT T

1 1

1 o

!lLll1;!

lL

UlcI s EW G sMI EG ISUb6EMn net,3ULMIUn i bVivilVilOOlVIM l

RULES cnd REGULATIONS TfTLE 10, CHAPTER 1, CODE OF FEDERAL REGULATIONS-ENERGY (q

t 19A N.

PART NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:

}g INSPECTION AND INVESTIGATIONS 19.1 Purpose.

$ 19.2 Scope.

"Ucense" means a license issued under the regulations in Parts 30 19.2 scope.

J>The regulations in this Part APP y to l

e 19.4 Interpretations.

all persons who receive, possess, use, or Np through 36. 39,40,60. 61. 70, or 72 of 19.3 Definitions i

this chapter, including licenses to op-19.5 Communications.

transfer materiallicensed by the Nuclear E erate a production or utilization facili.

19.8 Informsuon collectevn requersmenes.

Regulatory Commission pursuant to the $ ty pursuant to Part 50 of this chapter, OM B a pproval.

regulations in parts 30 through 36,39, "I.,1censee" means the holder of such a e

tfon orNrs.

40. 60,61, 70, or part 72 of this chapter, Qicense.

Ins 19.13 Notifications and reports to individ.

including persons licensed to operate a hesinded area means an urea. access uals.

Nring i loLl production or utilization facility to which is limited by the licensee for Pursuant to part 50 of this chapter, g the purpose of protecting individuals ces and work Q radiation and radioactive materials.against u 19.15 Consultation with worken during in.

persons licensed to possess power spections.

reactor spent fuelin an independent g Restricted area does not include aress 19.18 Requesta by workers for inspections 19.17 pections not warranted; informaJ spent fuel storage lustallation (ISFSI) u.

Pursuant to Part 72 of this chapter, and $ used as residential quarters. but j

separate rooms in a residential building bmay be set apart as a restricted area.

19.18 Sequestration of witnesses and

-in accordance with 10 CFR 76.60 to i

exclusion of counsel in interviews

$ Persons required to obtain a certificate of compliance or an approved i

" Sequestration" means the separation conducted under subpoena.

e 19.20 Employee protection.

I compliance plan under part 76 of this

oris lation of witnesses and their

hapter. The regulations regarding g att rneys fr m other witnesses and their 19.30 Violations.

c It31 Apphest,ionJonsemptions.

interviews ofindividuals under

$ as part of an investigation, inspection, or att rneys during an interview conducted 19.32 Disenminauon prohibited, 19.40 Cnminalpenalties.

subpoena apply to allinvestigations and o other inquiry.

A inspections within the jurisdiction of

/

\\

the Nriclear Regulatory Commission

,,W rker" means an individual I

/

other than those involvin8NRC engaged in acuvides beensed by the L/

Commission and controlled by a licens.

Authority: Secs. 53,83,81,103.104,161, employees or NRC contractors. The 186,68 Stat. 930,933,935,936,937,948, regulations in this part do not apply to

-ee, but does not include the licensee.

955, as amended, sec. 234,83 Stat. 444, as subpoenas issued pursuant to 10 CFR g amended,sec. 1701,106 Stat. 2951,2952'134, 2.720.

2953 (42 U.S.C. 2073,2093,2111,2133,2 E 2201,2236,2282,2297f); sec. 201,88 Stat.

~

cn 1242, as amended (42 U.S.C. 5841); Pub.1,.

95-601, sec.10,92 Stat. 2951 (42 U.S.C.

5851).

8 19.3 Definitions.

As used in this part:

"Act" means the Atomic Energy n

~l ts.1 Purpose Iv Act of 1954, (68 Stat. 919) including 0; any amendments thereto.

The regulations in this part establish h

" Commission" means the United requirements for notices, instructions, t States Nuclear Regulatory Commis-and reports by licensees to individuals

[sion.

participating in licensed activities and options available to these individuals in connection with Commission inspections oflicensees to ascertain compliance with the provisions of the g Atomic Energy Act of1954, as amended, Exclusion means the removal of tw Title II of the Energy Reorganization Act counsel representi multiple interests E of 1974, and regulations. orders, and g from en interview enever the NRC

~

5 0 19'4 Int " * " "

$ licenses thereunder regarding official conductin the interview has Except as specifically authorized by radiological working conditions. The g concrete evidence at the presence oi F, the Commission in writing. no inter-regulations in this part also establish the 0; the counsel woiald obstruct and,irnpede N pretation of the meaning of the regu.

rignts and responsibilities of the the pardcular invesugadon or g lations in this part by any officer or l

Commission and individuals during inspecun employee of the Commission other interviews compelled by sub oena as g than a written interpretation by the P

part of agency ir.spections or General Counsel will be recognized to

.i b

of the Atomic Energy Act of1954, as

-be binding upon the Commission.

/

x investigations pursuant to section 181c

(/

amended, on any matter within the Commission's jurisdiction.

19-1 March 29,1996

PART 19 o NOTICES, INSTRUCTIONS, AND REPORTS TO WORK 5RS:-

f 19.5 Communicauou (c)(1) Each licensee and each

$19.12 Instructiontoworiere.

Except whe,e otherw!se specified in applicant for a specific license shall (a) Allindividuals who in the course this part, all communications and re-prominently post NRC Form 3, " Notice of employment are likel to receivein I

ports concerning the regulations in to Employees," dated August 1997, a year an occupational se in excess of this part should be addressed to the Later versions of NRC Form 3 that 100 mrom (1 mSv) shallbe-om:

supersede the August 1997 version shall (1) Kept informed of the storage, ri te

.S 1 r Regulat y

' mission Regional Office listed in Ap.

replsce the previously posted version transfer, or use of radiation and/or E pendix D of Part 20 of this chapter. m within 30 days of receiving the revised radioactive materialt 2 Communications, reports, and applica-E NRC Form 3 frora the Commission.

(2) Instructed in the health protection

' " tions may bc delivered in person at the I

2 Problems associated with exposure to E ma(y ) Additionalcopies of NRC Form 3 radiation and/or radioactive material,in Commission's offices at 2120 L Street.

be obtained by writing to the NW., Washington, DC. or at 11555 Rockville Pike. Rockville, Maryland.

-a Regional Administrator of the Precautions or procedures to minimize i

appropriate U.S. Nuclear Regulatory

'XPosure, and in the purposes and

~

Commission Regional Office listed in functions of protective devices

~

l19.8 information collection Appendix D to Part 20 of this chapter or

'])h requirements: OMB approval.

by calling the NRC Information and l

eted in, and required to h (t) The Nuclear Regulatory Records Management Branch at 301-g Commission has submitted the 415-7232.

workers control, the applicable provisions of Commission regulations information co(1xtion requirements and licenses for the protection of contained in this part to the Office of Management an 1 Budget (OMB) for (d) Documents. notices, or forms personnel from exposure to radiation and/or radioactive material-

, approval ar required by the Paperwork

{08y D$rsuant t is see h

E

[4] Instructed of their res;$cnsibility to p

n E R: duction Act (44 U.S.C. 3501 et seq ).

places to permit individuals engaged in 8 Port promptly to the licensee any M The NRC may not conduct or sponsca, licensed activities to observe them on condition which may lead to or cause a

[ and a persi n is not required to respond the way to or from any particular 11-violation of Commission regulations and g to, a collection of information unless it censed activity location to which the licenses or unnecessary exposure to

$,"and shaflh'r'eplac d dNfor' radiation and/or radioactive materialt disp ys a currently valid OMB control e-num er. OMB has anproved the altered.

(5) Instructed in the ap repriate information collection requirements (e) Commission documenta posted response to warnings ma e in the event contained in the part under control h, section shall be posted within 2 work-pursuant to paragraph (t)(4) of this of any unusual occurrence or number 3150-0044.

n malfunction that may involve exposure (b) The approved information l8 e$

lon the [

t.1 radiation and/or radioactive materialt men to n collrction requirements contained in censee's response, if any, shall be and this part appear in $$ 19.13 and 19.16.

posted within 2 working days after dis.

(6) Advised as to the radiation j

i patch by the licensee. Such documenta shall remain posted fer a mtn! mum of exposure reports which workers may requcst pursuant to $ 19.13.

I 19.11 Posting of r.otices to workers.

QO'hng da s (b)ln determining those individuals g

y9 has (a) Each licensee sha!! post current whichever is later.

subject to the requirements of paragraph

~

copaes of the following documents:

(1) The regulations in this part and (a) of this section, licensees must take fato consideration assigned activities he 1$ceYse.Ne$e conditions or during normal and abnormal situations i

documents incer:

.ted into a Id.ense I"YOIVII'g exposure to radiation and/or by reference. ano amendments there, radioactive material which can to; b

(3) The operating procedures appli-reasonabl be expected to occur during g cable to licensed activities-the life o a licensed facility. The extent (4) Any notice of violaticn involving of these instructions must be

,.w trdictogical working conditions, pro-commensurate with potential R posed imposition of civil penalty. or radiological health protection problems order issued pursuant to Subpart B of present in the work place.

Part 2 of this chapter, and any re-sponse from the licensee.

(b) If posting of a document speci-fisd in paragraph (a) (1). (2) or (3) of this section is not practicable. the 11-censee may post a notice wruch de-scribes the document and states where it m".y be examined.

O l

October 31,1997 19-2

PART 19 e NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:-

p (b) Each licensee shall advise each Ile.ts Neuneauene and reports to ladt-s'

'$duais.

g worker annually of the worker's dose as (1) Radiation esposure data for an. shown in records maintained by the individual. and the results of any E licensee pursuant to the provisions of measurements. analyses, and calcula-3 $ 20.2106 of 10 CFR art 20-P tions of radioactive material deposited ual, shall be reported to the individual * [

cr retained in the body of an individ-as specified in this section. The irdor.

matica reported shallinclude data and (C)(1) At the request of a worker results obtained pursuant to Commis-formerl engaged in IIcensed activities

,NoE sho$ in r EmYtr$

control ed by the licensee, each licensee E

N tained by the licensee pursuant to shall furnish to the worker a report of f Comminaton regulations. Each notift-the worker's exposure to radiation and/

g cation and report shall: be in writing; or to radioactive materiah include appropriate identifying data (i) As shown in records maintained by such as the name of the licensee, the name of the individual, the individ, the licensee pursuant to $ 20.2106 for ual's social security number; include each year the worker was required to be the individual's exposure information; monitored under the provisions of and contain the following statement:

5 20.1502: and This toport is turnished to rou under the,_

(ii) For each year the worker was provnsions of the Nuclear Regulatory Com g required to be monitored under the Nu'Id pYrv'e"this$o$oroNur$r rer = monitoring requirements in effect prior Y

E to January 1,1994.

erence.

S (2) This report must be furnished within 30 days from the time the request is made or within 30 days after the exposure of the individual has been determined by the licensee, whichever is later. This report must cover the i

period of time that the worker's activities involved exposure to radiation from radioactive material licensed by the Commission and must include the dates and locations oflicensed activities in which the worker participated during this period.

(d) When a licensee is required pursuant to $$ 20.2202,20.2203, 20.2204, or 20.2206 of this chapter to report to the Commission any exposure e

e of an individual to radiation or

radioactive material the licensee shall E also provide the individual a report on g his or her exposure data included i

therein. This report must be transmitted I

at a time not later than the transmittal to the Commission.

i l

19 3 September 29,1995

PART C o NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:-

(e) At the request of a worker who is (g) Notwithstanding the other provi-(b) If, upon receipt of such notice, terminating emp! ment with the stons of this Section. Commission in-the Regional Office Administrator de-licensee that invo ed exposum to spec ors are authortred to refuse to termines that the complaint meets the radiation or radioactive rvterials.

permit accompaniment by any individ-requirements set forth in paragraph ual who deltherstely interferes with a (a) of this section and that there are during the current calendar quarter or fair and orderly inspection. With reasonable grounds to believe that the the current Iear, each licensee shtll regard to areas containing information alleged violation exists or has oc.

classLfied by an agency of the U.S.

curred. he shall cause an inspection to

@ provide at termination to each worker,

~

oovernment in the interest of nation-or to the worker's designes, a written al security an individual who accom-be made as soon as practicable, to de-

report ording the redistion dose panies an inspector may have access to termine if such alleged violation exists E received y that worker from operations such information only if authorized to or has occurred. Inspections pursuant Et f the licensee during the curmnt year do so. With regard to any ares _ con-to this section need not be limited to or fraction thereof. If the most recent talning proprietary information, the matters referred to in the complaint.

3 19.11 inspections not warranted; infor.

Individual monitoring results are not "s re Qa' a\\' previo r

,,j,,,,,,,

svallable at that time, a written estimate 3b gn d1 y

thorized by the licensee to enter that (a) If the Administrator of the ap-gf the dose rnust be provided together pr priate Regional Office determines.

area.

with a clear indication that this is an a 39.15 Consultation with workers durins f1 16( t bt

estimate, inspect 6ons.

mspect ranted because there are no reuona-ta) Commission inspectors may con-ble grounds to believe that a violation ault privately with workers concerning exists or has occurred, he shall notify matters of occupational radiation pro-the complainant in writing of such de-tection and other matters related to termination. The complainant may applicable provisions of Commission obtain review of such determination regulations and licenses to the extent by submitting a written statement of

~

8 19.14 Presence of representatives of 16-e the inspectors deem necessary for the position with the Executive Director neees and workers during laspec-Q conduct of an effective and thorough for Operation. U.S. Nuclear Regula-inspection.

tory Commission, Washington. D.C.

(a) h licensee shall afford to the E (b) During the course of an inspec-2]

o p

th ce e Commianlon at all reasonable times op-g tion any worker may brms privately to y

portunity to inspect materials, activi.

the attention of the inspectors, either g

ties facilities, premises, and records orally or in writing. any past or pursuant to the regulations in this present condition which he has reason plainant. The licensee may submit an chapter'uring an inspection. Commis.

to believe may have contributed to or opposing written statement of position (b) D caused any violation of the act. the with the Executive Director for Oper-sion inspectors may consult privately regulations in this chapter, or license ations who will provide the complain-with workers as specified in (1918.

condition, or any unnecessary expo.

ant with a copy of such statement by The licensee or licensee's representa-sure of an individual to radiauon from certified mail. Upon the request of the i

tive may accompany Commission in-licensed radioactive material under complainant, the Executive Director spectors during other phrnees of an in-the licensee's control. Any such notice for Operations or his designee may spection.

i in writing shall comply with the re g hold an informal conference in which (c) If. at the time of inspection, s.n individual has been authorized by the Quirements of i 19.16(a).

g the complainant and the licensee may trorkers to represent them during (c) The provisions of paragraph (b) e rally present their views. An informal Commission inspections, the licensee of this section shall not be interpreted E' conference may also be held at the re-shall notify the inspectors of such au-as authorization to disregard instruc-quest of the licensee, but disclosure of theorization and shall give the workers' tions pursuant to i 19.12.

the identity of the complainant will be i

made only following receipt of written I

representative an opportunity to ac.

~

n l 19.16 Requests by workers for inspec-author 1 ration from the complainant.

company the inspectors during the in-unn,

After considering all written and oral spection of physical working cond!-

(a) Any worker or representative of views presented, the Executive Direc-c tions.

(d) Each workers' representative workers who believes that a violation tor for Operations shall affirm, mcdi-4 shall be routinely engaged in licensed of the Act, the regulations in this fying, or reverse the determination of and shall have received instructions as chapter, or license conditions exists or the Administrator of the appropriate activities under control of the licensee specified in i 19.12.

has occurred in license activities with Regional Office and furnish the com-plainant and the licensee a written no-(e) Different representatives of 11*

regard to radiological working condi-tification of his decision and the censees and workers may accompany tions in which the worker is engaged.

res. son therefor, may request an inspection oy giving (b) If the Administrator of the ap-notice f the alleged violation to the propriate Regional Office determines anins on ere i no res interference vith the conduct of the Administrator of the appropriate that an inspection is not warranted be.

Inspection. However, only one wotkers.

Commission Regional Offlee, or to cause the requirements of i19.16(a) representative at a time may accomps-Commission inspectors. Any such ny the inspectors.

notice shall be in writing, shall set have not been met, he shall notify the i

complainant in writing of such deter.

l (f) With the approval of the licensee forth the specific grounds for the mination. Such determination shall be and the workers' representative an in-notice, and shall be signed by the Cvidual who is not routinely engaged worker or representative of workers. A without prejudice to the filing of a new complaint meeting the require-in licensed activities under control of g copy shall be provided the licensee by

-ments of i 19.16(a).

the license, for example, a consultant

,,, the Regional Office Administrator, or to the licensee or to the workers' rep-g the inspector no later than at the time resentative, shall be e,fforded the op.

6 of inspection except that, upon the re-I portunity to accompany Commission a quest of the worker giving such notice, inspectors during the inspection of his name and the name of individuals i

physical working conditions.

referred to therein shall not appear in

)

such copy or on any record published.

released or made available by the Commission, except for good cause shown.

September 29,1995 19-4 L

f 1

~

PART O o NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS:-

f

','ij,'gn 7",'n',',$"n N,,Q** ""d g 19.20 Employee protection g 19.32 Discrimination prohibited.

8

!(

,, conducted unoer out>poena.

s> Employment discrimination by a No person shall on the ground of sex E

E su(bpoena to submit to agencya) All witnesses compelled by licensee (or a holder of a certificate of be excluded from participation in, be compliance issued uant to Part 76) denied the benefits of, or be subjected n interviews shall be sequestered unless or a contractor or su ontractor of a to discrimination under any program

he official conductmg the interviews E licensee (or a holder of a certificate of or activity licensed by the Nuclear t

t permits otherwise.

compliance issued pursuant to Part 76) g Regulatory Commission. This provi-E aion will be enforced through agency

' against an employee for en aging in E provisions and rules similar to those e protected activities under s part or ? already established, with respect to Parts 30,40,50,60,61. 70,72,76, or racial and other discrimination, under (b) Any witness compelled by 150 of this chapteris prohibited.

Title VI of the Civil Rights Act of 1964. This remedy is not exclusive, i

subpoena to appear et an interview dunng an agency inquiry may be however, and will not prejudice or cut I

accompanied, represented, and advised off any other legal remedies available i

by counsel of his or her choice.

to a discriminate.

)

1-lowever, when the agency official g 3 so viot gion J

conducting the inquiry dotarmines, after (a) The Commission may obtain an consultation with the OfBee of th" injunction or other court order to General Counsel,that the agency has prevent a violation of the provisions concrete evidence that the presence of of_

l 19.40 Criminel penalties.

j an attorney g multiple (1)The Atomic Energy Act of1954, as (a) Section 223 of the Atomic Energy j

interests wou obstruct and impede the amended; Act of1954. as amended, provides for j

investigation or ins

,thea (2) Title 11 of the Energy criminal sanctions for willful violation l

official may prohib t that counse from Reorganization Act of1974, as amended; of, attempted violation of. or conspiracy bem cresent during the interview.

to violate, any regulation issued under or

(

e interviewing omcialis to (3) A regulation or order issued n sections 161b 1611.or161o of the Act.

rovide a witness whose counsel has pursuant to those Acts.

g For purposes of section 223, all the excluded smder paragraph (b) of (b) The Commission may obtain a e regulations in part 19 are issued under this section and the witness s counsel a court order for the payment of a civil E one or more of sections 161b.1611. or written statement of the reasons

$" Atomic Energy Act:

penaity imposed under section 234 of the g 1810. except for the sections listed in supporting the decision to exclude. Dis paragraph (b) of this section.

statement, which must be provided no

$ (1)For violations of-(b) The regulations in part 19 that are

[ j later than five working s after (i) Sections 51,57,62.63 81,62.101.

not issued under sections 161b.1611. or (V

f exclusion, must explain a bsis for th*

E 03.104,10', or 109 of the Atomic 161o for the purposes of section 223 are 1

counsel'a exclusion. This etstement Energy Act of1954, as amended; as follows: il 19.1.19.2.19.3,19.4,19.5, g must also advise the witness of the (ii) Section 206 of the Energy 19.8.19.16,19.17,19.18.19.30,19.31, and -

t: witness' right to appeal the exclusion Reorganization Act:

19.40.

decision and obtain an automatic stay of (iii) Any rule, regulation, or order g the effectiveness of the subpoena by issued pursuant to the sections specified filing a motion to quash the subpoem in paragraph (b)(1)(1) of this section:

c with the Commission within five days liv) Any term, condition, or limitation of recel t of this written statement.

of any license issued under the sections (d)t thin five days after recol t of specified in paragraph (b)(1)(1) of this the written notification required n section.

Parograph (c) of this section, a witness (2) For any violation for which a whose counsel has been excluded may license may be revoked under section appeal the exclusion dedsfon by filing 186 of the Atomic Energy Act of1954 as a motion to quash the subpoena with amended.

the Commission.The filing of the motion to quash will stay the effectiveness of the subpoena pending the Commission's decision on the motion.

(e)If a witness

counsells excluded 0 19.31 Application for exernptions.

under paragraph (b) of this section, the The commission may upon applica-l Interview may, at the witness' st.

. tion by any licensee or upon its own either proceed without counsel o be 5 initiative, grant such exemptions from deleyed for a reasonable period of time N the requirements of the regulations in to permit the retention of new counsel.

E this part as it determines are author.

The interview may also be rescheduled

$ ized by law and will not result in to a subsequent date established by the undue hazard to life or property.

NRC, altho the interview shall not be reschedu d by the NRC to a date that precedes the erpiretion of the time provided under $ 19.18(d) for ap of p\\

the exclusion of counsel, unless e witness consents to an earlier date.

19 5 February 29,1996

ML20248E972

Text

Attachment:

Navigation menu

Search