ML20236R257

Informs That Ofc of Chief Info Officer Has No Concerns Re Final Rule 10CFR35.18, License Term for Medical Use Licenses

ML20236R257
Person / Time
Issue date:	06/02/1998
From:	Shelton B NRC
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20236R069	List: ML20236R067 ML20236R095 ML20236R099 ML20236R162 ML20236R176 ML20236R195 ML20236R222 ML20236R250 ML20236R257
References
FRN-63FR31604, RULE-PR-35 AF77-2-014, AF77-2-14, NUDOCS 9807210327
Download: ML20236R257 (8)

Text

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[f* "%,4 pp q 7.>

UNITED STATES 4 E NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20EM001

%, # June 2, 1998 MEMORANDUM T0: David Meyer Rules and Directives Branch Division of Administrative Services Offi e of Administr o

/ w FROM: a . hie 7ecords Ma ement Branch Division of Information Management Office of the Chief Information Officer

SUBJECT:

REQUEST FOR COMMENT AND CONCURRENCE ON 10 CFR 35.18,

" LICENSE TERM FOR MEDICAL USE LICENSEES," FINAL RULE Please release the subject final rule for publication.

X OCIO has no concerns.

Change the Paperwork Reduction Act Statement as indicated on the attar.hed.

Change the "Information Collection Requirements: OMB Approval" section-as indicated on the attached.

cc: J. McCausland, NMSS

( i i

l 9807210327 900715  ;

PDR PR i 35 63FR31604 PDR i

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I g .31604 Fed:rd Regist:r/Vol. 63, No. til/ Wednesday, June 10,1998/ Rules and Regulations hh 77J 917, then southeast along State Primary At that time, the resources devoted to year renewal period for parts 30,40, and Highway 9t7 to the Little Pee Dee River. renewals constituted over 50 percent of 70 licenses. The study concluded, in Done in Wr,shington, DC, this 4th day of the total resources expended for part, that the NRC shool.d continue its June 1998. licensing. NMSS undertook this review practice of issuing specific licenses for Charles P, Schwalbe, as a part of NRC's " business process 5 year terms and should retain an Acting Alministmtor, Animaland Plant redesign" efforts. option to write licenses for shorter Health hispection Service. The license renewal process has been terms, if deemed necessary, for new (FR Dor. 98-15:04 Filed 6-9-98; 6:45 am] used as an opportunity for the types of operations or if circumstances on.uno coos um Commission to review the history of the warranted.

licensee's operating performance (e.g., On July 26,1985 (50 FR 30616), NRC the record on compliance with proposed revising 10 CFR part 35, NUCLEAR REGULATORY regulatory requirements) and the " Medical Use of Byproduct Material."

e licensee's overall materials safety The proposed rulemaking indicated that COleM18810N program. This review is performed to the Commission had selected a term of 10 CFR Part 35 ascertain if the licensee employs up-to- five years for a license. It was believed date technology and practices in the that a term shorter than 5 years would RIN 3150-AF77 protection of health, safety, and the not benefit health and safety because License Term for Medical Use Licenses envir ament, and complies with any past experience indicated that medical new or amended regulations. As part of programs did not generally charrge l AGENCY: Nuclear Regulatory a license renewal, the licensee is asked significantly over that period of time.

Commission. to provide information on the curmnt The notice also indicated that a longer ACTION: Final rule. status ofits program as well as any term may occasionally result in proposed changes in operations (types unintentionalabandonment of the summeARY:The Nuclear Regulatory and quantities of authorized materials), license. On October 16,1986 (51 FR Commission is amending its regulations personnel (authorized users and 36932), NRC issued the final rule that pertaining to the medical use of radiation safety officers). facility, consolidated and clarified radiation byproduct material to eliminate the 5- equipment, or applicable procedures. safety requirements related to the year term limit for medical use licenses. The renewal process has been perceived medical use of byproduct materials, and License terms for licenses issued under to benefit both the licensee and NRC included a license term of 5 years.

these regulations will be set by policy. because it requires both to take a On June 19,1990 (55 FR 24948), the Other materials licenses are issued for comprehensive look at the licensed Commission announced that the license up to to years.The NRC willissue some operation. However,in practice, term for major operating fuel cycle licenses for shorter terms if warranted comprehensive program reviews occur licensees (i.e., licenses issued pursuant by the individual circumstance < of when proposed changes are identified to 10 CFR parts 40 or 70) would be license applicants. The amendment and requested by licensees as license increased from a 5-year term to a 10-reduces the administrative burden of amendments rather than during the year term at the next renewal of the license renewals on a 5-year cycle for license renewal process, affected licenses. This change enabled both NRC and licensees and supports License terms have been reviewed on NRC resources to be used to improve the NRC's goal of streamlining the licensing numerous occasions since 1967. On licensing and inspection programs. The process. May 12,1967 (32 FR 7172), the bases for this change were that major EFFECTIVE DATE:This regulation Commission amended 10 CFR part 40 to operating fuel cycle facilities had eliminate a 3 year limit on the term of become stable in terms of significant becomes effective on July 10,1998.

source materiallicenses. At that time, changes to their licenses and operations FOR FURTHER INFORt4ATION CONTACTt there was no restriction on the term of and that licensees would be required to J:yne M. McCausland. Office of Nuclear update the safety demonstration byproduct licenses under 10 CFR part Material Safety and Safeguards, U.S.

. . 30 or special nuclear raaterial licenses sections of their licenses every 2 years.

3 '

under 10 CFR part 70. In the notice of On Jul 2,1996, the Commission Vashington I 2 5 5 t lephone (301) . proposed rulemaking associated with approve the NRC staff's proposal to 415-6219, e-mail JMM2 @ nrc. gov. amending 10 CFR part 40, dated extend the license term for uranium SUPPLEhAENTARY INFORt4ATION: December 22,1966, NRC indicated that recovery facilities from 5 years to 10 I. Background. if the proposed amendment to eliminate years. Extending the license term II. Discussion. the 3 year restriction were adopted, reduces the administrative burden til. Statement of Regulatory Action- licenses would be issued for 5-year associated with the license renewal IV. Discussion of Public Comments. terms, except when the nature of the process for both the NRC staff and the V. Agreement State Compatibility. appFcant's proposed activities indicated uranium recovery licensees. Also, the VI. EnvironmentalImpact: Categon. cal a need for a shorter license period. At extension reduces licensee fees, makes that time, the Commission believed , the license term for these facilities more Vll. a r Reduction Act Statement.

there was little justification for grantmg commensurate with the level of risk, VI!!. Regulatory Analysis.

IX. Regulatory Flexibility Certification. licenses under 10 CFR parts 30,40, and and supports NRC's goal of streamimm, g X. Backfit Analysis. 70 for terms of less than 5 years, in view the licensing process. Licensees were of the cumulative experience up to that informed of the extensions in July 1996.

I. Background time and the means available to NRC to On February 6,1997 (62 FR 5656), the in 1995, the NRC's Office of Nuclear suspend, revole, or modify such Commission gave notice that the license Material Safety and Safeguards (NMSS) licenses if public health and safety or term for materials licenses issued initiated a review to determine whether environment so required. pursuant to 10 CFR parts 30,40, or 70 the license term for materials licenses in March 1978, NMSS conducted a would be increased from a 5-year term could be lengthened so that NRC's study (SECY-78-284,"The License to up to a 10-year term at the next  ;

licensing resources could be redirected Renewal Study for parts 30,40, and 70 renewal of the affected licenses.

to other areas of the materials program. Licenses") to consider changing the 5- However, whereas the 10 year term for 2

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, FedIrd Regist:r/Vol. 63, No.111/ Wednesday, June 10,1998/ Rules and Regulations 31605 i

other licenses was set by this policy, the III, Statement of Regulatory Action the commenter, this will allow that  !

term forlicenses issued ursuant to 10 The NRC is revising part 35 to organization's members to redirect their CFR part 35 was establis ed by ms urces to support and implement regulation at 5 years. eliminate the 5 year term limit in 10 CFR 35.18 for medical use licenses so NRC's initiative to move to a more On July 31,1997 (62 FR 40975), the Performance-based regulatory approach.

that the tenu for medical use licenses NRC published a proposed rule to revise will be set by policy. V. Agreement States Compatibility 10 CFR part 35 to ehmmate the 5-year term limit in 10 CFR 35.18 for medical IV. Discussion of Public Comments This rulemaking will be a matter of I use licenses. The term for medical Five letters of public comment were compatibility between the NRC and the licenses could then be set by policy for received on the proposed rule. Agreement States. Compatibility up to to years. The NRC could issue a Comments were received frorn National Category D has been assigned to the license for a shorter term, depending on Physics Consultants, Ltd., the American changes in 10 CFR 35.18. Category D the individual circumstances of the Association of Clinical means the provismns are not required license applicant. The public comment Endocrinologists, the Mayo Clinic, the urPoses of compatibility. No period closed on October 14,1997. A University of Cincinnati, and the Pr]o iems have been identified regarding summary of the public comments is American Hospital Association. Agreement State compatibility provided m Section IV, below. All commenters fully supported the imp lementation of this rule c ange.

II, Discussion PNPosed amendment to eliminate the VI. Environmental Impact: Categorical reference to the 5-year term limit for Exclusion The change described above (i.e., medical use licenses in 10 CFR 35.18. In increasing the license term for materials addition, the commenters endorsed the The Commission has determined that t'his final rule is the type of action licenses issued under 10 CFR parts 30, change in license terms for licenses described in categorical exclusion to 40, and 70 to up to 10 years) has created issued pursuant to part 35, to be set by CFR 51.22(c)(3)(i) for amendments to en inconsistency between the license policy for as many as to years. as are the Part 35 that relate to renewals of terms for medical use and nonmedical license terms for other material licenses. licenses. Therefore, neither an use materials licenses. NRC believes In general, commenters disparaged environmental statement nor an that the license duration period for the license renewal process, on a 5 year environmental assessment has been medical use licenses may also be frequency, as requinng a significant prepared for this final regulation.

extended without adverse impacts on expenditure of time and fees with public health and safety, such as minimal benefit, and supported NRC's VII. Paperwork Reduction Act increases in the unintentional proposal to eliminate this requirement, Statement abandonment of licensed material or citing a reduction of staff time and costs This final rule reduces the burden for decreases in the licensees' attention to for both the NRC and individual both medicallicensees and the NRC licensed activities, for the following licensees with no decrease in public because license terms for Part 35 reasons: health and safety. Commenters licensees could be established by policy, (1) Licensees would continue to be recognized that the NRC may issue some for as many as 10 years, as is the case required to adhere to the regulations licenses for shorter terms if warranted for other materials licensees. E vever, and their license conditions, and to by the individual circumstances of the reduced burden from less frequent apply for license amendments for license applicants. !innse renewal will not be realized in certain proposed changes to their One commenter stated that routine the near future because the affected programs; license reviews by the local Radiation licenses are operating under a 5-year (2) No changes in either the frequency Safety Committee will ensure operation extension of current licenses granted in or elements of the medical inspection of a radiation safety program that 1995. The impact of that one-time program are being proposed: Pmtects public health and safety, extension is addressed in the current Another commenter indicated that supporting statement for NRC Form 313, positi n o de ify b in on or because the NRC is in contact with the "A plication for Material License "

other means, violations of its regulations licensees n an ongoing basis, any wh h was approved by the Office of or the license conditions that affect changes m operations, personrwi. Management and Budget (OMB) under

[.ubjic health and safety, and to take facility, equipment, or applicable OMB Clearance No. 3150-0120 and appropriate enforcement actions: procedures are identified during the which expires on July 31,1999. The inspection and license amendment data on reduced burdn from extension (4) Cases of abandonment of NRC process. of the license term fo all material licenses would be identified through One of the commenters agreed that licenses and from other actions taken to nonpayment of the annud hcensing fees the radiation safety programs at most streamline the licensing process will be and regional NRC office follow-up; medical facilities are very stable and included in the request for renewal of (5) The NRC staff would continue to pointed out that significarit changes in tne information collection requirements make licensees aware of health and the radiation safety program require on NRC Form 313 in 1999. This is safety issues through the issuance of license amendments. appropriate because the next OMB generic communications (such as Another commenter recommended clearance extension will cover 1999-information notices, generic letters. that NRC extend the hcense term for 2002, when the medical licenses bulletins, and the NMSS Licensee medical un licenses from 5 years to 10 currently under the 5 year extension Newsletter); and years as soon as possible to reduce the will expire and will be affected by this (6) NRC is moving to a more license fees and achieve further cost rulemaking. Send comments on any performance-based regulatory approach, savings. This commenter expressed aspect of this information collection, where emphasis is placed on the support for the NRC's " business process including suggestions for further licensee's execution of commitments redesign" efforts to reduce both the reducing the burden. to the Information rather than ou rereview of the details of administrative burden of license and Records Management Branch (T-the licensevs program, renewals and license fees. According to 6F33), U.S. Nuclear Regulatory

31606 Federal Regist r/Vol. 63, No.111/ Wednesday, June 10,1998/ Rules and Regulations Commission. Washington, DC 20555- issued pursuant to part 35 would be set $237.000. The 30-year present worth 0001, or by Internet electronic mail at by the already established policy for as savings to the NRC would approximate BJSt@NRC. GOV; and to the Desk many as 10 years. 52.9 millinn.

Officer. Office ofInformation and Regulatory Affairs. NEOB 10202 (3150- Ue adImPoet Conclusion 0014), Office of Management and The license renewal process is This rulemaking, to remove the 5-year Budget Washington, DC 20503. resource-intensive for both the licensee license term for medical use of d NRC. At the time oflicense byproduct material,is promulgated so Public Protection Notification renewal, licensees submit to NRC any the term for medicallicenses will be if a document used to impose an changes in operations, personnel, consistent with that of other materials information collection does not display facihty, equipment, or applicable licenses (set by policy to be as many as a currently valid OMB control number, procedures. Because NRC is in contact 10 years). The extension will reduce the ths NRC may not conduct or sponsor, with the licensees on an ongoing basis, administrative burden of license and a person is not required to respond many of these changes are identified renewals for both NRC and licensees to, the information collection. during the inspection and license and will support NRC's goal of d np s. Therefom, die VIII.Rogulatory Analysis streamlining the licensing process rulemaking to remove the 5-year license without any reduction in health and Problern term for medical use of byproduct safety. NRC may issue some licenses for material w uld not change die health shorter terms if warranted by the The current rule requirement' " requirements imposed on regarding the term of medical licenses, individual circumstances of license i nsee is codified in 10 CFR 35.18 and states By removing the reference to the 5 8PPhcants.

that "The Commission shall issue a year term in 10 CFR 35.18 and, with the DecisionalRationale license for the medical use of byproduct Commission's February 1997 extension ,

material for a term of five years." The of the license term for as many as to Based on the desire to reduce burden license term G other materials licenses, years for all materials licenses issued whenever it is possible to do so without as established by Commission policy,is pursuant to parts 30,40, and 70, there reducing protection of public health and up to 10 years. There is an is a reduction in the regulatory burden safety, to mamtain consistency among inconsistency as to duration and license terms for rnaterials licensees, for approximately 1,900 NRC licensees manner of specifying the license terms that use byproduct material for medical and the cost effectiveness of longer of medical use licenses and all other procedures. Estimated savings are based license terms, the NRC is amending 10 materials licenses. Based on the above, on the assumption that these licensees CFR part 35 to eliminate the 5-year term the following options were considered. would only be required to submit a hmit for medical use licenses and allow renewal application every 10 years as the license term to be set by policy, as Ajternatn. .e Approocjres is the case for other materials licenses.

opposed to every 5 years, resulting, on

1. Tale no Action: Maintain the average, in a savings of 190 applications IX. Regulatory Flexibility Certification requirement that licenses issued per year. However, offsetting these pursuant to Part 35 would be issued for savings, medical licensees may need to As required by the Regulatory 5 years. submit an average of one additional Flexibility Act of 1980,5 U.S.C. 605(b).

This option would continue the amendment during the 10-year period to the Commis8on certifie: diat this rule inconsistencies between medical account for changes in operations that will not have a 4;;nincant economic licenses and all other materials licenses would have routinely been addressed impact on a substantial number of small as to the duration and specification of when the license was renewed un a 5 entities. By removing the reference to license terms. Terms for medical use year cycle. Assuming that a typical the 5 year license term in 10 CFR 35.18, licenses are established in codified license renewal application and typical the duration of medical use licenses will regulations, whereas the term for other amendment involves 19 hours2.199074e-4 days <br />0.00528 hours <br />3.141534e-5 weeks <br />7.2295e-6 months <br /> and 4 be set by policy, resulting in a reduction materials licenses is now set by policy. hours of licensee professional effort, in the regulatory burden for NRC Also, this option would resutt in respectively, there would be a net medical use licensees.

disparities in the duration of the term savings per licensee of 15 hours1.736111e-4 days <br />0.00417 hours <br />2.480159e-5 weeks <br />5.7075e-6 months <br />. Based X. Backfit Analysis for materials licenses. Medical use on r.n industry professional labor rate of licenses would continue to be issued for 5125 per hour, the annual industry wide The NRC has determined that the 5-year terms whereas the duration of the savings would approximate 5356,000. backfit rule 10 CFR 50.109, does not  !

term for other materials licenses is up to Over a 30-year time frame, based on a apply to this final rule and, therefore, 10 years. 7-percent real discount rate, the present that a backfit analysis is not required for

2. Revhe 10 CFR 35.28: Revise the worth savings to industry would this final rule because the amendment regulations to delete any reference to the approximate 54

• million. does not involve any provision that license term for licenses issued Similarly, this rulemaking is also cost would impose backfits as defined in 10 pursuant to part 35. effective for the NRC because fewer CFR 50.109(a)(1).

This option would result in resources would Se required to review Small Business Regulatory Enforcement consistency between how licer. .. ..is and process renewal applications. On Fairness Act for medical licenses and all other average, R takes approximately 14 hours1.62037e-4 days <br />0.00389 hours <br />2.314815e-5 weeks <br />5.327e-6 months <br /> materials licenses are established and in of NRC professional time to renew a In accordance with the Small the duration of these licenses. medical license and 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> to review Business Regulatory Enforcement Commission decisions regarding the and issue a license amendment. This Fairness Act of 1996, the NRC has duration of a materials license could means a net savings to the NRC of 10 determined that this action is not a therefore apply uniformly to all types of hours per licensee. Assuming an NRC " major rule" and has verified this

( materials licenses. After final labor rate of 5125 per hour. and on determination with the Office of l rulemaking action to revise 10 CFR average,190 applications per year, the information and Regulatory Affairs, 35.18, the license term for licenses annual NRC savings would equal Office of Management and Budget.

l Lirt of Subjects in 10 CFR Part 35 actions specified by this AD are the requirements of this AD action, and Byproduct material, Criminal intended to detect and correct cracking that no operator would accomplish penalties Drugs, Health facilities, in the false spar, which could result in those actions in the future if this AD llealth professions, Medical devices, reduced structuralintegrity of the wing. were not adopted.

Nuclear materials, Occupational safety DATES: 15,1998.

and health, Radiation protection. The m,corporation Effective by July reference of Regulatory Impact Reporting and recordkeeping certain publications listed in the The regulations adopted herein will requirements. regulations is approved by the Director not have substantial direct effects on the For the reasons set out in the of the Federal Register as of July 15, States, on the relationship between the preamble and under the authority of the 1998. national government and the States, or Atomic Energy Act of 1954, as amended, ACDRESSES: The service information on the distribution of power and the Energy Reorganization Act of 1974, referenced in this AD may be obtained responsibilities among the various as amended, and 5 U.S.C. 552 and 553, from Construcciones Aeronautics, S.A., levels of government. Therefore,in the NRC is adopting the following Getafe, Madrid, Spain. This information accordance with Executive Order 12612, amendment to 10 CFR part 35. may be examined at the Federal it is determined that this final rule does Aviation Administration (FAA), not have sufficient federalism PART 35-MEDICAL USE OF Transport Airplane Directorate, Rules implications to warrant the preparation BYPRODUCT MATERIAL Docket 1601 Lind Avenue, SW., of a Federalism Assessment.

1. The authority citation for part 35 Renton, Washington; or at the Office of For the reasons discussed above,I continues to read as follows: the Federal Register,800 North Capitol certify that this action (1)is not a Authority: Secs. 61,161,182,183,68 Stat.

Street, NW., suite 700, Washington, DC. sigmficant regulatory action under i 935,948,953,954, as amended (42 U.S.C. FOR FURTHER INFORMATION CONTACT: Executive Order 12866;(2)is not a '

Norman B. Martenson, Manager. "significant rule" under DOT as ende 421 S d 58 il International Branch, ANM-116, FAA, Regulatory Policies and Procedures (44

2. The introductory text of S 35.18 is Transport Airplane Directorate,1601 FR 11034, February 26,1979); and (3) revised to read as follows:

Lind Avenue, SW., Kenton, Washington will not have a significant economic 98055-4056; telephone (425) 227-2110; impact, positive or negative, on a

$ 35.18 License leeuence, fax (425) 227-1149. substantial number of small entities The Commission shall issue a license SUPPLEMENTARY INFORMATION:A ud t ec ria of t e Regulet y for the medical use of byproduct pr posal to amend part 39 of the Federal materialif: Aviation Regulations (14 CFR part 39) t been prepared for this action and it is

. . . . . mclude an airworthiness directive (AD) contained in the. Rules Docket. A copy that is a licable to all CASA Model C- f it may be obtamed from the Rules Dated at Rockville, Md., this 20th day of Y - 212 series airplanes was published in Docket at the location prouded under tke Federal Register on April 9,1998 the caption ADDRESSES, For the Nuclear Regulatory Comm.ission.

(G3 FR 17341). That action proposed to List of Subjects in 14 CFR Part 39 ec f rfor Operations. "'P c i ing, Air transpcutation, Aircraft, Aviation IFR Doc. 98-15400 Filed 6-9-98; 8:45 ami se sI a of and repair, if necessary, safety, Incorporation by reference, muwo coos mo-eu, Safety.

nunents Adoption of the Amendment Interested g.ersons have been afforded DEPARTMENT OF TRANSPORTATION an opportunity to participate L the Accordingly, pursuant to the making of this amendment. Ne authority delegated to me by the Federal Aviation Administration comments were submitted in response Administrator, the Federal Aviation to the proposal or the FAA's Administration amends part 39 of the 14 CFR Part 39 Federal Aviation Regulations (14 CFR determination of the cost to the public.

(Docket No. 98-NM-97-AD; Amendment Conclusion The FAA has determined that air PART 39-AIRWORTHINESS RIN 2120-AA64 safety and the public interest require the DIRECTWES Airworthiness Directives; CASA Model adoption of the rule as proposed. 1.The authority citation for part 39 C-212 Series Airplanes Cost Impact continues to read as follows:

Af.ENCY: Federal Aviation The FAA estimates that 41 airplanes AuthorAy: 49 U.S C.106(g),40113,44701.

Administration. DOT. of U.S. registry will be affected by this ACTION: Final rule. AD, that it will take approximately 30 3 30.13 (Amended)

, work hours per airplane to accomplish 2. Section 39.13 is amended by

SUMMARY

This amendment adopts a the required inspection, and that the adding the following new airworthiness new airworthiness directive (AD), average labor rate is $60 per work hour. directive:

applicable to all CASA Model C-212 Based on these figures, the cost impact 98-12-28 Construcciones Aeronautics, S.A.

series airplanes, that requires repetitive of the inspection required by this AD on ins ,ections for cracking in the false spar U.S. operators is estimated to be g$hg^*A$

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of t[ne wing, and repair, if necessary, Applicabihty: All Model C-212 seies j

$73.800, or $1.800 per airplane, per airplanes, certificated in any category. '

This amendment is prompted by inspection cycle.

issuance of mandatory continuing Note 1: This AD applies to each airplane The cost impact figure discussed identified in the preceding applicability airworthiness information by a foreign above is based on assumptions that no provision, regardless of whether it has been civil airworthiness authority. The operator has yet accomplished any of modified altered. or repaired in the area I

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m- -_- . - - - - -_. - - - _ _ , , - . , _ , -__

a subject to the requirements of this AD. For Note 3:The subject of this AD is addressed Federal Register,800 North Capitol airplanes that have treen modified altered. or in Spanish airworthiness directive 02/96. Sintet. NW., suite 700, Washington, DC.

a repaired so that the performance of the dated May 13,1996.

FOR FURTHER INFORMATION CONTACT:

requirements of this AD is affected, the (e) This amendment becomes effective on N an amnson, Managn, owner / operator must request approval for an July 15 1998 alternative method of compliance in "" * *

• issued in Renton. Washington, on June 3- 'Iransport Airplane Directorate,1601 accordance with paragraph (b) of this AD. 3993-The recuest should include an assessment of Darnll M. Pederson, Lind Avenue, SW., Renton, Washington the effect of the modification, alteration, or 98055-4056; telephone (425) 227-2110; repair on the unsafe condition addressed by Acting Manager, Transport Airplane fax (425) 227-1149.

this AD; and,if the unsafe condition has not Directorate. Aircraft Certihcotion Service. SUPPLEMENTARY INFORMATION: A been eliminated, the request should include IFR Doc. 9a-15254 Filed 6-9-98; 8.45 amj proposal to amend part 39 of the Federal specific proposed actions to address it. BMWO CooE 4910-M Aviation Regulations (14 CFR part 39) to Compliance: Required as indicated, unless include an airworthiness directive (AD) accomplished previously. that is applicable to certain British To detect and correct cracking in the false DEPARTMENT OF TRANSPORTATION Aerospace BAe Model ATP airplanes spar of the wing, which could result in was published in the Federal Register reduced structural integrity of the wing. Federal Aviation Administration on accompilsh the following: act.ion April 9,1998 proposed to (63 FR repetitive require 17342). That (a) Within 1,200 flight hours after the 14 CFR Part 39 effective date of this AD, rform a detailed magnetic particle inspections to detect

[ Docket No. 98-NM-63-AD; Amendment cracking of the splined operating shaft visual inspection for crac ng in the false 39-10581; AD 98-12-27) spar of the wing, on the left and right sides of the internal door handle on the of the airplane,in accordance with CASA RIN 2120-AA64 forward passenger door, rear passenger Product Support Document COM 212-224. door, and rear baggage door; and dated November 28,1990. Airworthiness Directives; British corrective actions, if necessary.

(1) If no cracking is detected, repeat the Aerospace BAe Model ATP Airplanes Comments detailed visual inspection thereafter at intervals not to exceed 1,200 flight hours. AGENCY: Federal Aviation Interested persons have been afforded (2)If any cracking is detected, prior to Administration, DOT, an opportunity to participate .a the further fligh'., repair in accordance with a ACTION: Final rule, making of this amendment. No method approved by either the Manager, comments were submitted in response International Branch, ANM-116, FAA,

SUMMARY

This amendment adopts a to the proposal or the FAA's

• leansport Airplane Directorate; or the new airworthiness directive (AD), determination of the cost to the public.

Dveccion General de Aviaci6n (DGAC),

whkh is the airworthiness authority for aI>Pli cable to certain British Aerospace Conclusion Spain (or its delegated agent). Repeat the BAe Model ATP airplanes, that requires The FAA has determm, ed that air detailed visual inspection thereafter at repetitive magnetic particle inspections intervals not to exceed 1.200 flight hours. to detect cracking of the splined safety and the public interest require the (b) An alternative method of compliance or operating shaft of the internal door adoption of the rule as proposed.

adjusiment of the compliance time that handle on the forward passenger door, Cost Impact provides an acceptable level of safety may be rear passenger door, and rear baggage used if approved by the Manager, door; and corrective actions, if The FAA estimates that to airplanes Intermitional Branch, ANM-116. Operators - necessary. This amendment is prompted of U.S. registry will be affected by this shall submit their request through an by issuance of mandatory continuing AD, that it will take approximately 18 appropriate FAA Prmcipal Maintenance airworthiness information by a foreign work hours per airplane to accomplish laspector, who may add comments and then civil airworthiness authority. The the required magnetic particle it to the Manager, International Branch, inspection, at an average labor rate of actions specified by this AD are intended to detect and correct cracking 560 per work hour. Based on these N:te 3:Information concerning tha figures, the cost impact of the magnetic of the s lined operating shaft of the INce th h A any av be interna door handle, which could result particle inspection required by this AD obta'ned from the International Branch, in failure of the internal door handle, n U.S. operators is estimated to be A NM416, inability to operate the door during an $10,800, or $1,080 per airplane, per ins (c) Special flight permits may be issued in emergency evacuation, and consequent gt onst ; a t figure discussed accordance with sections 21.197 and 21.199 injury to airplane occupants.

of the f eteral Av.ation Regulations (14 CFR above is based on assumptions that no DATES: Effective July 15,1998 Perator has yet accomplished any of 21.197 and 21.199) to operate the airplane t Thp incorporation by reference f the requirements of this AD action, and a location where the requirements of this AD Cert 8m Publications listed in the that no operator would accomplish can be accomplished. .

(d) The inspections shall be done in regulations is approved by the Director those actions in the future if this AD accordance whh CASA Product Support of the Federal Register as of July 15, were not adopted.

Document COM 212-224, dated November 1998-28,1990. This incorporation by reference was ADDRESSES: The service information Regulatory Impact approved by the Director of the Federal referenced in this AD may be obtained The regulations adopted herein will Register in accordance with 5 U.S C. 552(a) from Al(R) American Support. Inc., not have substantial direct effects on the and 1 CFR part 51. Copies may be obtained 13850 Mclearen Road,lierndon, States, on the relationship between the from Construcciones Aeronautics, S A.,

Virginia 20171. This infonnation may be national government and the States, or examined at the Federal Aviation on the distribution of power and n ; cted at th A Tra ir lane ,

responsibilities among the vanous i Directorate,1601 Lind Avenue. SW., Renton. Administration (FAA), Transport l

Washington; or at the Office of the Federal Airplane Directorate, Rules Docket, levels of government. Therefore,in Register,800 North Capitol Street, NW., suite 1601 Lind Avenue, SW , Renton. accordance with Executive Order 12612, 700. Washington, DC. Washington; or at the Office of the it is determined that this final rule does i i l

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• ORM 670 AP 77+

U.S. NUCLEAR REGULATORY COMMISSION INFORMATION REQUIRED FOR MAKING AN INSIGNIFICANT BURDEN DETERMINATION TO SUPPORT A DECISION THAT OMB CLEARANCE IS NOT REQUIRED TITLE OF COLLECTION: Attach document containing proposed information collection (s).

10 CFR 35.18, " License Term for Medical Use Licenses," Final Rule l

DESCRIPTION OF COLLECTION For rulemakings, provide. for each section that adds, deletes, or modifies information collections, all information requested in the tible below. For all other collections, provide a general description of the information collection or a description of all modification (s) to the existing e :'Mion, and include allinformation specified in the table.

S ction Number Current Revised Revised Total Number of Burden Number Burden Burden (Rules Current Hours per of Hours per Hours Description of Change Only) Respondents a Response Respondents Respondent Change

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35.18 gg f/ fg g k/ g The rule deletes themedical 5-yearuse license term, f thereby allowing licenses to be issued for up to 10 years, thereby reducing

the i

burden for license renewals.

! Licensees were granted a one-time 5-year

license extension in 1995. Therefore, no

! burden reduction will be realized until i licenses are renewed, starting in 2000.

l lThe burden reduction will be included in i

iOMB Clearance 3150-0120, NRC Form -

j j 313, " Application for Material License" l ,

w hen it is renewed in 1999.

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NRC FORM 6/0 ge-timer PHah1 LD ON HtG vcLLD F APLR Irus torm was oesgned usag w* arms

NRC FORM 670 (4 1998) U.S. NUCLEAR REGULATORY COMMisslON INFORMATION REQUIRED FOR MAKING AN INSIGNIFICANT BURDEN DETERMINATION TO SUPPORT A DECISION THAT OMB CLEARANCE IS NOT REQUIRED (Continued)

NEED FOR/USE OF COLLECTION:

The current rule requirement regarding the term of medical licenses is codified in 10 CFR 35.18 and states that "The Commission shall issue a license for the medical use of byproduct material for a term of five years." The license term of other materials licenses, as established by Commission policy, is up to 10 years.

This rule would remove the reference to the 5-year license term for medical use licenses in order to correct an inconsistency between how license terns for medical licenses and all other materials licenses are established and in the duration of these licenses. Commission decisions regarding the duration of a PUBLICCOMMENT: materials license could then apply uniformly to all types of materials licel 'ses.

Has NRC had any consultation with the public, industry groups, or other agencies, etc., regarding this [-]YES G-]NO proposed collection? If yes, explain and indicate how any issues were addressed and resolved. --

4 Does NRC expect to receive comments on this collection? If yes, explain. []YES [x] NO ,

Are the information collections considered controversial? If yes, explain.

] YES [x]NO i

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EXPECTED IMPLEMENTATION DATE: 07/IOMq8 NKC f 0HM 6/Q (41WO)

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