ML20195K313

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Responds to Requesting Extension of Comment Period for Proposed Rule Which Would Amend 10CFR35,to Allow for Development of Risk Analysis & Rule.On 981113 Via SRM, Commission Approved 30-day Extension
ML20195K313
Person / Time
Issue date: 11/24/1998
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Fletcher R
ORGANIZATION OF AGREEMENT STATES
References
FRN-63FR43516, RULE-PR-20, RULE-PR-32, RULE-PR-35 NUDOCS 9811250225
Download: ML20195K313 (1)


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UNITED STATES NUCLEAR PcGULATORY COMMISSION usincron.o.c. osss.oooi 00CIR1ED gg t., November 24, 1998

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. Mr. Roland G. Fletcher, Chair Organization of Agreement States Radiological Health Program 00CKET NUM8ER Air and Radiation Management Administration 80 POSED RULE PR 40, ~32 #35' Maryland Department of the Environment - [G3FR Vfsn.,)

2500 Broening Highway Baltimore, MD 21224

, Mr. Fletcher:

I am responding to your letter dated November 6,1998, requesting an extension of the comment period for the proposed rule, which would amend the regulations in 10 CFR Part 35,

" Medical Use of Byproduct Material," to allow for the development of the risk analysis and the rule.

On November 13,1998, via a Staff Requirements Memorandum (enclosed), the Commission approved a 30-day extension of the public comment period and the final rule date. ' On November 23,1998, the Commission will announced in the Federal Register (63 FR 64829) that the comment period has been reopened until Wednesday, December 16,1998. In addition, the staff will provide a discussion on the need for future risk assessment in this area,

~ when the final rule is forwarded to the Commission for approval. )

Sincerely,

( C '

L John C. oyle

Enclosure:

-11/13/98 Staff Requirements L Memorandum p . i k

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20 63FR43516 PDR y 4

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UNITED STATES

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't Sovember 13, 1998 ,

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OFFICE OF THE l SECRETARY l

MEMORANDUM TO: William D. Travers l Exec ti Di ctor for Operations W

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FROM: Jo,b ' H ~ Secretary

SUBJECT:

AFF REQUIREMENTS - SECY-98-263 - PROPOSED RULE:

REVISION OF 10 CFR PART 35, MEDICAL USE OF BYPRODUCT MATERIAL The Commission has approved Option 2B to allow for a 30 day extension of the public comment period and the final rule date. While the extension of the final rule date is to ensure meaningful discussion with the ACMUl can be accomplished, the staff should seek to complete as much work as possible in parallel in order to attempt to meet the original due date. In addition, when the proposed final rule is submitted to the Commission, the staff should include a discussion of the risk assessment as an option and provide the pros and cons for this option.

The Commissioners' offices have designated the following points of contact for work related to the Part 35 revision-Chairman Jackson's office: James Smith Commissioner Dieus's office: Joel Lubenau Commissioner Diaz's office: Patrick Castleman Commissioner McGaffigan's office: Janet Schlueter Commissioner Merrifield's office: Lynne Stauss The staff should continue to follow established procedures for developing and promulgating rulemakings.

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Enclosure W W W Dpp

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i cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

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/d Boland G. Fletcher, Chair S"'r""'"'""-*"'

l Bobert Quillin, Past Chair atch rd a t" ". s=retar9 OA 3 i

Orgnution of Agreerrect Sutes November 6,1998 The Honorable Shirley Jackson Chairman U.S. Nuclear Regulatory Commission Washington,DC 20555 Re: Urgent Request for Extention of Comment Period:

63 Fed. Reg. 43516 (Aug.13,1998); RIN 3150.AF74

Dear Chairman Jackson:

At the 1998 Annual Agreement States meeting held in Bedford,NH October 29-31,1998, the majority of attendees present voted to forward this request to the Commission. OAS asks that this request be given your most fa consideration.

The Organization of Agreement States urgently requests the extension of the comment period for the ongo ofl0 CFR Part 35 to allow for the development of the risk analysis and the rule accordingly. This request suppor concurs with a similar request submitted October 30,1998 Jointly by the following organi:ations.

l American Co!!ege of Nudear Physicians l

Society of Nuclear Medicine American College of Radiology Council on Radlonuclides and Rad!opharmaccuticals l

Nuclear Energy Institute s NationalElectricalblanufacturers Association American College of Nuclear Medicine American Assodation of Physicists in Medidoc l

I e ly, a A /J

' g e oland G.Fletc er, Chair Organization of Agreement States cc: The Honorable Edward McGanigan, Jr., Commissioner The Honorable Nils J. Diaz, Commissioner The Honorable Jeffrey Merrifield, Commissioner 4

The Honorable Greta Joy Dieus, Commissioner Hugh L. Thompson, Jr., Deputy Executive Director Carl J. PaperieJJo, Ph.D., Director - NMSS

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