ML20136E323
| ML20136E323 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/1982 |
| From: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20136D915 | List:
|
| References | |
| FRN-50FR30616, RULE-PR-35 AA73-1, NUDOCS 8211160032 | |
| Download: ML20136E323 (3) | |
Text
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+..../ September 28, 1982 MEMORANDUM FOR: Richard E. Cunningham Director Division of Fuel Cycle & Material Safety Office of Nuclear Material Safety & Safegaurds FROM: Guy H. Cunningham, III Executive Legal Director
SUBJECT:
PROPOSED REVISION PART 35 On September 27, 1982 we received for office review, a notice of proposed rulemaking to revise 10 CFR Part 35. ke have no legal objection to publica-tion of the rule subject to the following change.
FR Notice p. 10 535.2 line E&6 Delete "who are employees of a licensee and." The regulation does not require an employment relationship.
Attached is a listing of a number of clarifying changes suggested for your consideration before forwarding the paper to the Comission.
9 uy H. CunniMIn, III Executive Legal Director
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ATTACHMENT A Clarification of Proposed Revision Part 35 Comm. Paper p. 3 graph 1 line 2 Delete " fully." Insert "well." As written, this suggests that safety technology is as developed as it will ever be.
Comm. Paper p. 4 graph 4 line 5-7 This suggests that all licensing will be done at headquarters rather than in regions.
FR Notice p. 26 635.605 This discussion should mention the section under which a teletherapy repairman is licensed.
FR Notice p. 48 5 35.28 line 2 Delete "may". Insert "shall".
May suggests other criteria not listed or known to applicant.
(c)+(d)provideadequateground to deny license if necessary.
FR Notice p.50 $35.31(b)(6) It is not clear whether this refer-ence to the radiation safety pro-gram is meant to encompass more than the ALARA program required at 535.30.
FR Notice p. 51 535.32 FR Notice p. 51 535.33 It is not clear who has the duty to comply with this section.
FR Notice p. 52 535.34(a) line 2 Insert before " license" the words
" visited institution's."
FR Notice p. 52 535.34(a)(1)line2 Insert before " management," the words "the visited institution's."
FR Notice p. 53 935.34(b) line 2 Delete "such." Insert after "use" the words " described in paragraph (a) of this section."
FR Notice p. 76 $35.633(j) A list, as used in (g), would be more easily understood than the present block of text.
FR Notice p. 88&89 Part 31 A conforming amendment to Part 31 is needed. Amend 931.11(b) to read
"...or until he has been authorized pursuant to Part 35 of this chapter to use byproduct material. The registrant shall furnish..." con-tinued reference to 535.14(c) will be incorrect.
Periodic Review p. 3 Item 6 line 2 It is not clear that OMB will have cleared the recordkeeping requirements when this is placed in the PDR.
Value/ Impact p. 9 graph 4 Item 2 Revise to read " Nuclear medicine service's contribu-tion to cover hospital manage-ment costs."
-Value/ Impact p. 10 graph 3 line 3&4 Revise to read " daily opera-tion of a nuclear medicine service other than the contri-bution to cover overall hospital management cost."
Value/ Impact p. 12 graph 2 line 7 Delete " lost." Insert " loss of net."