ML20098D638

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Enclosure 1- Template for Temporary Exemptions for Medical Licensees Due to the Covid-19 Pandemic
ML20098D638
Person / Time
Issue date: 04/10/2020
From:
Office of Nuclear Material Safety and Safeguards
To:
Katie Tapp
References
Download: ML20098D638 (4)


Text

Date, 2020

[Licensee POC and Address]

SUBJECT:

TEMPORARY EXEMPTION FROM U.S. NUCLEAR REGULATORY COMMISSION REGULATION, TITLE 10 CODE OF FEDERAL REGULATIONS (10 CFR) [LIST SECTION(S)].

Dear [Licensee POC]:

By letter dated [Date of Letter] (Agencywide Documents Access and Management System

[ADAMS] Accession No. [Accession Number], in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 30.11(a), [licensee name], a medical use licensee, requested an exemption from the requirements of 10 CFR [list specific regulation(s)].

In its request, [the licensee] stated that due to [state the condition (i.e. medical facility protocol to limit staff, staff shortage, travel restrictions, potential for staff in isolation, etc.)] caused by the COVID-19 pandemic, these regulations cannot be safely met without increasing the possibility of exposing licensees employees, contractors, patients, or members of the general public to the COVID-19 virus. [The licensee] proposed that, if exempted from these requirements of 10 CFR [list specific regulation(s)], it would [provide any conditions the licensee stated they will continue doing while the exemption is in place.].

The exemption provision in 10 CFR 30.11(a) states:

The Commission may, upon application of any interested person or upon its own initiative, grant exemptions from the requirements of the regulations in this part and parts 31 through 36 and 39 of this chapter as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the request in accordance with 10 CFR 30.11(a) and finds that the criteria contained therein are met. The regulation[s] from which [the licensee] is requesting exemption [is/are] [Input description of exemption requested from spreadsheet. Note to reviewer - may make bulleted list if there are several requests]

The regulation in 10 CFR 30.11(a) authorizes granting of exemptions specific to Part [list appropriate part, i.e. 30 or 35]. The NRC staff has determined that the granting of the requested exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. The NRC staff, therefore, finds that the granting of the requested exemption is authorized by law. [Input appropriate safety basis/bases from spreadsheet. Note to reviewer - may make bulleted list if there are several requests]

Based on the above findings, the NRC grants the following exemption for the specified period of time:

[Licensee POC] 2

[Input appropriate exemptions from spreadsheet. Note to reviewer - may make bulleted list if there are several requests]

[Include this following paragraph if the licensee requests additional exemptions currently not listed on the spreadsheet and more time is needed to review them.] The request for exemption from [list specific exemptions requested that couldnt be approved] is still under NRC review. The NRC will make a determination on that request at a later time.

An environmental assessment for this action is not required, because this action is categorically excluded under 10 CFR 51.22(c)(14)(iv). In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html.

[Licensee POC] 3 If you have questions, please contact [license reviewer name] at [license reviewer email] or

[license review phone number].

Sincerely,

[Branch Chief], Chief

[Branch Name]

Division of Nuclear Materials Safety

[Region]

cc: [licensee specific]

[Please include Lisa Dimmick and Katie Tapp on distribution]

ML20100D405 *via e-mail OFFICE MSST MSST MSST OGC MSST NAME KTapp LDimmick CEinberg EHouseman* MLayton DATE 4/6/2020 4/6/2020 4/6/2020 4/8/2020 4/10/2020