ML20217N009

Responds to 980714 Request for Ofc Review & Concurrence on FRN for Pr to Amend 10CFR31.5.OSP Concurs Without Comments

ML20217N009
Person / Time
Issue date:	07/31/1998
From:	Bangart R NRC
To:	Combs F NRC
Shared Package
ML20217M898	List: ML20217M893 ML20217M908 ML20217M912 ML20217M920 ML20217M925 ML20217M941 ML20217N003 ML20217N009 ML20217N016 ML20217N039 ML20217N046 ML20217N060 ML20217N068 ML20217N089 ML20217N104 ML20217N111
References
FRN-63FR66492, FRN-63FR66942, RULE-PR-31 AG06-1-010, NUDOCS 9910280104
Download: ML20217N009 (10)

Text

PDf From: Richard Bangart Acn06-1 To: Frederick Combs Date: 7/31/98 10:43am subject: PROPOSED RULE TO AMEND 10 CFR 31,5 Fred, This responds to your July 14, 1998 memorandum, requesting office review and concurrence on the Federal Register Notice for the subject proposed rule. OSP has completed its review and concurs without comment. Lance Rakovan, 415-2589, is the OSP contact for this review.

CC: Catherine Mattsen, Jayne McCausland, Lance Rakov.

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E e-05-1996 ai30PL1 FROL1.FETZER-KRAUS. It4. 202 537 5133 P. .

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- EQ8: - The Commissioners .

E8Qld. L Joseph Callan, Executive Director for Operations

,.o SUBJECT- SED RULE: 10 CFR PART 31 'REQUIREMENNOR THOSE

• WHO POSSESS CERTAIN INDUSTRIAL DEVICES CONTAINING N.

' s[ RODUCT MATERIA TO PROVIDE REQUESTED INFORMATION" I -

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. hec To inform tne Commission th gintends to publish, as directed by the Commission. a . s proposed rule that would explicitly require general licenseesf possess certain devices f, hgged ,

containing byproduct material?fo provide thesNuclear R to Commission (NRC)with

' information concerning devzes that they hate received for use under s4Werallicensd This

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provision would be used primarily to institute a registration and accounting system for 8evices LI ' usire certain quantitaes of specific radionucli le

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r *- BACXGRQuNDq /I 3 pMk (hW' Devices containi ,k material generally licensed under 10 CFR 31.5 have not always -

. radioactive

/ been disposed handled properly. This has, on a number of occasions, resulted in radiation

-t^k exposure to the blic and contamination of property. The staff concluded that more frequent and timely contact between the general licensee and Chy hl6 RC could remedy these problems.

, On December 27,1991 (56 FR 87011) )(NRC publis d a proposed rule conceming this

j. issue.: The rule would have required general licensees under 10 CFR 31.5 to provide  ?

M,_Q informanon at ues(- ? : A This provision would have provided the regulatory basis -

for the registr ton of devees. The proposed rule also included additional requirements ing P

g ' ,UCFR 32.51a and 32 52 for the specific licensees ices to the general licensees. A final rule was nufacture or inmany transfer the 4g# '

im mented because the resources

'J. needed to properly implement the proposed rule were lacking.-

9 CONTAC ?

Catherine R.' Mattsen. NMSS/lMNS (301) 415 6264

! ' Jayne M. McCausland, NMSS/lMNS

-(301) 415 6219 .

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e-05-i995 1:3iPti FROt1 FET2 R-KRAUS. INC. 202 557 5133 P..

4 Y b The Commissioners 2 in July 1995, with assistance from the Organization of Agreement States, NRC formed a working group to evaluate the issues related to the loss of control of generally 5d and specifically licensed sources of radioactivity. ,The w'orking group submitted a final report to NRC conceming its evaluation. On October 18,1998, the sta*f provided its evaluation of the working group recommendatens in SECY-96-2211This report was published as NUREG-1551p October oLan o On November 13,1996, the staff briefed the Commission on its preliminary views of the wort 6ng group's recommendations. .

On November 26,1997 SECY-97-273 requested Commission approval of the staff's recommendation to develop and amplement a registration program for certain 10 31.5 general licensees. The staft"s recommendation was based, in part, on its eval tion o m recommendations of the NRC/ Agreement State Working Group. In an Ap ' 3,1998, R s@

Commission disapproved the staff's recommendation and directed

• to termina ee$ n ( vthe

'- l 1991 rulemaking except for the provisions that would enable NRC to request information f:.3m ***

i. % ji certam generallicensees to provide the regulatory basis for a registration program. This re'p jl l proposed rule responds to that directive. That also directed the staff to develop, in a

1. 34 subsequent rulemaking, a registration and foli sourcea/ devices identified by the NRC/ Agree program for generally licensed State Working Group in NUREG-1551, to .

OOk apply fees to these general licenseepnd to incorporate requirements for the permanent labeling of sources / devices, in addicen, the Commission directed the staff to provide a set of

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milestones for ' lementing the second rulemaking (Attachment 1).

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1. g ", bei a lans to ilate registration based on the first rulemaking. However,+dgn c,annot until an automated registration system is developed. T': MWM .A6 @p y system will facilitate the mailing of requests for registration, evaluating responses, comparing C licensees' inventories against the information included in the automated system, and performing hi follow-up activities. Once the business case for the system has been developed and the project 1 approved via the Capital Planning and investment ControYproces~il(ICPIC), development of the l automated registration system will be performed in accordance witWthe System Development ,

Ufe Cycle Methodology described by the Office of the Chief information Officer, and the CPIC process descnbed in SECY-98-032. The steps being followed in the development are included i ]

y j in Attachment 2

? LI The SRM also directed the staff to develop an enforcement policy w' hort amnesty program  ;

followed by increased civil penalties for lost or improperly dispo_ ources. The proposed rule states the Commission's intent to make these changes to theFrifoibement policyThe staff will  ;

provide the Commission with an interim policy that would be considered and issued concurrently '

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i j The Commissioners 3 3

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DISCUSSION: i I

NRC has authority under the Atomic Energy Act of 1954 to request appropriate information l from its licensees conceming licensed activites. However, no explicit provision to this effect has i . been included in Part 31. This proposed rule would add an explicit require t to 10 CFR 31.5

. that general licensees respond in a timely way to written NR(requests to ation conceming devices that they have received for use underthe general lace his provision will be primarily used to institute a registration end accounting system for devi ing certain l Quantities of specific radionuclides. The criteria for determining which devices would be included in the registration program are those recommended by the working group. The

licensees will be asked to venfy information conceming the identification of devices.

l accountability for the devices, the persons acting as contac h RC. and the disposition of the devices. The staff estanates that approximately 6000 g nera licensees would be required to provide registration information.

The proposed rule is intended to ensure that certain general licensees are aware of and understand the requirements forfr(possession of devices containing byproduct materlat and can account for their devices. This communication would provide NRC assurance of

<{maccountabilitym't c e-- ice The staff believes that if generallicensees were ore aware Mtheir responsibilities, d comply with the requirements for proper handling and disposa! of generally licensed devices. This would reduce the potential for incidents that could result in unnecessary radiation exposure to the public and the contamination of property.

CQQRDINATION.

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The Office of the General Counsel has no legal objection to the proposed rulemal(ing. The Office of the Chief Financial Officer has reviewed this paper for resource implicat'ons and has no s objections. .The Office of the Chief information Officer has reviewed the propogd rule for _ j .' tk information technology and information management implications and concursgHowever, the rule amends information collection requirements that must be submitted to and received by __ m the Office of Management and Budget no later than the date the rule O is publigt)ed in thqTederal 7 geoister. g g m (g.d (4

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• 6 d COMMENDAT10NS.

That the Cornmission: Q[dU- s# 5b'f h Alh i j

1. 2 Anorove a nobce of pr sed rulemaking (Attachment 3) that would explicitly require generallicensees sess devices containing byproduct material to provide)it(NRC -

with information concemin devicesKthey have received for use undeHhe general licensejas requested by NRC.

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I~ 8-05-I996 4:32Pi1 FROt1 FETZER-KRAUS. INC. 202 537 5133 P. 5 The Commissioners 4

2. Certsfy that this rule, if adopted, will not have a signtficant impact on a substantial number of small entities, to satisfy the r quirements of the Regulatory Flexibility Act, f 4 M.S.C. 505(b). $

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a. Staff requests action in 10 days. Action will not be taken until the SRM is received.

We consider this action within the delegated authority of the E%1

b. The rulemaking will be published in the Federal Recister for a 75-day public comment pe

c. There has been no coordination of this rulemaking with the Agreement Statek' s directed by the SRM of April 13,1998, no compatibility of Agreement State v h

regulations is required; the Agreement State compatibility issue will be addressed in the second, more comprehensive rule also dealing with this issue.

d. Neither an environmental impact statement nor an environmental assessment has been prepared for this regulation because it does not have a significant effect o environmen{_

e. A draft regulatory analysis has been prepared and will be available in the Public Document Room (Attachment 4 b9

f. The appropriate Congressional committees will be informed (Attachment 5) 'l

g. The Chief Counsel for Advocacy of the Small Business Administration Will be informed of the certification regarding economic impact on small entities and the

. reasons for it as required by the Regulatory Flexibility Ac h- The proposed rule would amend information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et.sec)?,These requirements have been forwarded to the Office of Man /gement and Budget for\

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A draft press release will be issued by the Office of Public Affairs when the proposed rulemaking is filed with the Office of the Federal Register (Attachment 6), .L L Joseph Callan

- Executive Drector j for Operations '

i Attachments: 1. Milestones for comprehensive rule j on generallylicensed devices l

2. Automated Registration System j Development

3. Draft FederalRegister Notice M4. Draft' Regulatory Analysis

/ . 5CongressionalLetters

/6. Draft Press Release i i

,7. Approval for Publication I

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i. A draft press release will be issued by the Office of Public Affairs when the proposed rulemaking is filed with the Office of the Federal Register (Attachment 6).

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L. Joseph Callan i Executive Director for Operations Atta&ments: 1. Milestones for comprehensive rule on generallylicensed devices  ;

2. Automated Registration System Development

3. Draft Federal Register Not'ce

4. DraffRegulitory Analysis

5. CongressionalLetters j

6. Draft Press Release i

7. Approvalfor Publication C UMENT NAME: o:\mattsen411pWop 31.cp

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_DATE. / /98 / /98 / /98 / 19 8 OFFICE: C10 OGC D,OE CFO NAME: AJGalante JGray JUeberman J%nches DATE: / 48 / 198 / 48 / 19 8 OFFICE- 0/OSP Tech Ed D/NMSS DEDR EDO NAME: RBeoDart Q at;s CPaperieno HThomoson LICacan om. , . bb \

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QFFICIAL RECORD COPY NMSS FILE CODi NO.: ---

6-05-1998 J:33Pt-i FROti FET2ER+RAUS. INC. 202 537 5133 P. 6 l

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l The Honorable James M. Inhofe, Chairman l

Subcommittee on Clean Air, Wetlands,

, Private Property and Nuclear Safety

( Committee on Envronment and Public Works United States Senate Washington, DC 20510 Dear Mr. Chairman; f Enclosed for the information of the Subcommittee is copy of otice of Proposed Rulemaking to be published in the Federal Racisterirrthe er fL '. Th Nuclear Regulatory Commission M")

is proposing to amend 10 CFR Part 31 to add an expidit requirement that certain general l -

rce possess devices containing byproduct materia providNhe NRC with informatto @ .

( t@ d conceming devices that they have received for use under generallicen requested by ,

fic"'E l l NRC. This provision would be used pomarily to institute a registration sy for devices using !  !

! certain quantities of specific radionuclides.  !

This amen ment would allow NRC to account for devices ha e been distributed for use under enerallicensd$hd reduce the potentiaf for incidents that could result in unnecessary I radiation exposure to the public as well as contamination of property. This change will have no i adverse impact on the health and safety of workers or the public and is not expected to impose j a sigruficant burden on licensees.

Sincerely.

Dennis K. Rathbun, Director Office of Congressional Affairs l

Enclosure:

Onginalletter sent to: The Hon. Dan Schaeffer l

Federal Resister Notice Chairman, subcommittee on l cc, Senator Bob Graham DISTRIBUTION: [O:\MATTSEN\GL1P\ PROP _31. CON)

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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power l Committee on Commerce

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[ m am Dear Mr. Chairman; O ice of Proposed Rulemaking 1

Enclosed for the information of the Subpmmittee is a copy of a to be published in the Federal Reoist;g o ~ .__. M ore. The uclear Regulatory Commission (rW) gj y

is proposing to amend 10 CFR Part 31 to add an explicit requirement that certain general A s l

ucenseesjmqpy possess devices containing byproduct material provide NRC with informatiorg y./

concem#ng products that they have received for use under)(general eensfsp requested by 1\

4e NRC. This provision would be used primarily to institute a registration system for device's*

using certain quantsties of spec 4fic radionuclides. ,s sed This amendment would allow NRC to account for device ave been distributed for u e underhe general licens&and reduce the potential for incidents that could result in unnecessary N '

radiation exposure to theF public as well as contami tion of property. This change will have no  !

adverse impact on the health and safety of worker r the public and is not expected to impose a significant burden on licensees. l Sincerely, Dennis K. Rathbun. Director Office of Congressional Affairs

Enclosure:

Faderal Reaister Notice cc: Representative Ralph Hall DISTRIBUTION: [O;WATTSEN\GL1P\ PROP,_31. CON)

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