[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19900]


[[Page Unknown]]

[Federal Register: August 15, 1994]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 19, 20, 35, and 40

RIN 3150-AA38

 

Standards for Protection Against Radiation; Clarification

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; clarification.

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SUMMARY: On December 22, 1993, a final rule making a number of 
conforming amendments to the NRC's standards for protection against 
radiation was published in the Federal Register (58 FR 67657). 
References to the former standards for protection against radiation 
were removed from the regulations, and, in that process, certain 
requirements and provisions not intended to be removed were 
inadvertently deleted. This final rule reinstates those applicable 
implementation provisions of the NRC's regulations which were intended 
to remain in effect or are needed for clarity.

EFFECTIVE DATE: August 15, 1994.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 415-6219.

SUPPLEMENTARY INFORMATION: On May 21, 1991 (56 FR 23360), the Nuclear 
Regulatory Commission (NRC) published its revised standards for 
protection against radiation (10 CFR 20.1001-20.2401 and the associated 
appendices). The revised standards for protection against radiation 
incorporated scientific information and reflected changes in the basic 
philosophy of radiation protection that had occurred since the 
promulgation of the original regulations. The revisions conformed the 
Commission's regulations to the Presidential Radiation Protection 
Guidance to Federal Agencies for Occupational Exposure and to 
recommendations of national and international radiation protection 
organizations. The revised standards for protection against radiation 
became effective on June 20, 1991. However, NRC licensees were 
permitted to defer the mandatory implementation of these regulations 
until January 1, 1993.
    On August 26, 1992 (57 FR 38588), the NRC published a final rule 
that extended the date by which NRC licensees were required to 
implement the revised standards for protection against radiation from 
January 1, 1993, until January 1, 1994. That document also made several 
conforming amendments to the text of the revised standards for 
protection against radiation that were necessary to reflect the new 
mandatory implementation date.
    On December 22, 1993 (58 FR 67657), the NRC published a final rule 
on ``removal of expired material.'' In that final rule, effective on 
January 1, 1994, a number of provisions were removed or modified to 
reflect the effective date for NRC's revised standards for radiation 
protection. Several provisions that were removed or modified by the 
December 22, 1993, action should not have been removed or modified 
because they have continuing effect beyond the January 1, 1994, 
effective date for the revised standards for protection against 
radiation. The NRC is concerned that some licensees might misinterpret 
the Commission's intent in some instances because of the removal of 
these paragraphs and/or references. Accordingly, this final rule 
restores those provisions of Sec. 20.1008 that were incorrectly removed 
by the December 22, 1993, rulemaking. These provisions clearly indicate 
that requirements in effect prior to January 1, 1994, that are cited in 
license conditions or technical specifications, may have continued 
applicability. It also corrects minor errors discovered in reviewing 
the published version of the December 22, 1993, final rule.
    Specifically, 10 CFR 19.13 currently provides that, at the request 
of any worker formerly engaged in licensed activities controlled by the 
licensee, each licensee will provide to the worker reports of his/her 
exposures if the worker was required to be monitored under the 
provisions of Sec. 20.1502. This action clarifies that licensees 
continue to be responsible for providing worker exposure reports to 
those workers subject to the monitoring requirements in effect prior to 
January 1, 1994.1 This will eliminate possible misinterpretations 
caused by the deletion of the reference in Sec. 19.13(c) to formerly 
applicable monitoring requirements found in Secs. 20.108 and 20.202 in 
the December 22, 1993, amendments and will ensure that licensees are 
aware that they are still responsible for providing workers with 
records of their occupational exposure in accordance with the 
monitoring requirements in the appropriate sections contained in the 
current Part 20 or regulations in effect prior to January 1, 1994.
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    \1\ Previous Secs. 20.108 and 20.202 provided personnel 
monitoring requirements that were in effect prior to January 1, 1994 
(see 10 CFR Chapter I as codified as of January 1, 1993). In 
addition, it should be noted that the 1992 version of Chapter 10 of 
the Code of Federal Regulations incorrectly referenced Sec. 20.107 
as a monitoring requirement.
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    This action restores portions of Sec. 20.1008, ``Implementation,'' 
which specify that technical specifications and license conditions that 
cite regulations in effect prior to January 1, 1994, may, under some 
conditions, take precedence over new Part 20 provisions. This action 
facilitates the transition from formerly applicable Part 20 provisions 
to current Part 20 provisions until technical specification changes, 
license amendments, or license renewals are effected.
    In 10 CFR 35.205 (a), the December 22, 1993, amendment replaced 
references to Secs. 20.103 (Exposure of individuals to concentrations 
of radioactive materials in air in restricted areas) and 20.106 
(Radioactivity in effluents to unrestricted areas) with a reference to 
Sec. 20.1301 (Dose limits for individual members of the public). This 
action adds a reference to Sec. 20.1201 (Occupational dose limits for 
adults) to correspond to the earlier reference to formerly applicable 
Sec. 20.103. This will ensure that licensees understand that this 
section covers dose limits for airborne concentrations in restricted 
areas as well as unrestricted areas.
    Also, in paragraph (c) of Sec. 35.205, the December 22, 1993, 
amendments inadvertently revised a reference to the occupational 
concentration limits in Appendix B to Part 20 to reference Sec. 20.1301 
(i.e., dose limits for individual members of the public). This action 
corrects the misreference to read Sec. 20.1201 to clarify that 
occupational dose limits were intended rather than public dose limits.
    In 10 CFR 40.34, this action corrects a transposed number which 
resulted in a reference to units of quantities (Sec. 20.2101 (a)) 
rather than the intended reference to occupational dose limits 
(Sec. 20.1201 (a)).
    These amendments are corrective in nature and restore provisions 
inadvertently deleted in prior amendments (December 22, 1993; 58 FR 
67657). Because the opportunity for public comment was previously 
provided for the changes that formed the basis for the December 22, 
1993, amendments (May 21, 1991; 56 FR 23360 and August 26, 1992; 57 FR 
38588), and because the proposed changes are minor corrective 
amendments, the NRC has determined that good cause exists to dispense 
with the notice and comment provisions of the Administrative Procedure 
Act (APA) pursuant to 5 U.S.C. 553(b)(3)(B). For the same reasons, the 
NRC has determined that good cause exists to waive the 30-day deferred 
effective date provisions of the APA (5 U.S.C. 553(d)).

Environmental Impact: Categorical Exclusion

    The NRC has determined that this rule is the type of action 
described in categorical exclusion 51.22(c)(2). Therefore, neither an 
environmental impact statement nor an environmental assessment has been 
prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval numbers 3150-0044, -0014, -
0010, and -0020.

Regulatory Analysis

    This final rule is administrative in that it reinstates provisions 
inadvertently removed from the text of an existing regulation. These 
amendments will not have a significant impact. Therefore, the NRC has 
not prepared a separate regulatory analysis for this final rule. The 
final regulatory analysis for the May 21, 1991, final rule examined the 
costs and benefits of the alternatives considered by the Commission in 
developing the revised standards for protection against radiation and 
is available for inspection in the NRC Public Document Room, 2120 L 
Street, NW. (Lower Level), Washington, DC.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule and, therefore, that a backfit analysis is 
not required for this final rule because these amendments do not 
involve any provision that would impose backfits as defined in 10 CFR 
50.109(a)(1).

List of Subjects

10 CFR Part 19

    Criminal penalties, Environmental protection, Nuclear materials, 
Nuclear power plants and reactors, Occupational safety and health, 
Radiation protection, Reporting and recordkeeping requirements, Sex 
discrimination.

10 CFR Part 20

    Byproduct material, Criminal penalties, Licensed material, Nuclear 
materials, Nuclear power plants and reactors, Occupational safety and 
health, Packaging and containers, Radiation protection, Reporting and 
recordkeeping requirements, Special nuclear material, Source material, 
Waste treatment and disposal.

10 CFR Part 35

    Byproduct material, Criminal penalties, Drugs, Health facilities, 
Health professions, Medical devices, Nuclear materials, Occupational 
safety and health, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Scientific equipment, Security measures, Source material, 
Special nuclear material, Uranium.

PART 19--NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS: INSPECTION 
AND INVESTIGATIONS

    1. The authority citation for Part 19 continues to read as follows:

    Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930, 
933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as 
amended (42 U.S.C. 2073, 2093, 2111, 2133, 2134, 2201, 2236, 2282); 
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Public Law 95-
601, sec. 10, 92 Stat. 2951, as amended by Public Law 102-486, sec. 
2902, 106 Stat. 3123 (42 U.S.C. 5851).

    2. In Sec. 19.13, paragraph (c) is revised to read as follows:


Sec. 19.13  Notifications and reports to individuals.

* * * * *
    (c)(1) At the request of a worker formerly engaged in licensed 
activities controlled by the licensee, each licensee shall furnish to 
the worker a report of the worker's exposure to radiation and/or to 
radioactive material:
    (i) As shown in records maintained by the licensee pursuant to 
Sec. 20.2106 for each year the worker was required to be monitored 
under the provisions of Sec. 20.1502; and
    (ii) For each year the worker was required to be monitored under 
the monitoring requirements in effect prior to January 1, 1994.
    (2) This report must be furnished within 30 days from the time the 
request is made or within 30 days after the exposure of the individual 
has been determined by the licensee, whichever is later. This report 
must cover the period of time that the worker's activities involved 
exposure to radiation from radioactive material licensed by the 
Commission and must include the dates and locations of licensed 
activities in which the worker participated during this period.
* * * * *

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

    3. The authority citation for Part 20 continues to read as follows:

    Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended (42 U.S.C. 
2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846).

    4. Section 20.1008 is added to read as follows:


Sec. 20.1008  Implementation.

    (a) [Reserved].
    (b) The applicable section of Secs. 20.1001-20.2402 must be used in 
lieu of requirements in the standards for protection against radiation 
in effect prior to January 1, 1994\1\ that are cited in license 
conditions or technical specifications, except as specified in 
paragraphs (c), (d), and (e) of this section. If the requirements of 
this part are more restrictive than the existing license condition, 
then the licensee shall comply with this part unless exempted by 
paragraph (d) of this section.
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    \1\See Secs. 20.1-20.602 codified as of January 1, 1993.
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    (c) Any existing license condition or technical specification that 
is more restrictive than a requirement in Secs. 20.1001-20.2402 remains 
in force until there is a technical specification change, license 
amendment, or license renewal.
    (d) If a license condition or technical specification exempted a 
licensee from a requirement in the standards for protection against 
radiation in effect prior to January 1, 1994,\1\ it continues to exempt 
a licensee from the corresponding provision of Secs. 20.1001-20.2402.
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    \1\See Secs. 20.1-20.602 codified as of January 1, 1993.
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    (e) If a license condition cites provisions in requirements in the 
standards for protection against radiation in effect prior to January 
1, 1994\1\ and there are no corresponding provisions in Secs. 20.1001-
20.2402, then the license condition remains in force until there is a 
technical specification change, license amendment, or license renewal 
that modifies or removes this condition.
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    \1\See Secs. 20.1-20.602 codified as of January 1, 1993.
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PART 35--MEDICAL USE OF BYPRODUCT MATERIAL

    5. The authority citation for Part 35 continues to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841).

    6. In Sec. 35.205, paragraphs (a) and (c) are revised to read as 
follows:


Sec. 35.205  Control of aerosols and gases.

    (a) A licensee that administers radioactive aerosols or gases shall 
do so in a room with a system that will keep airborne concentrations 
low enough so as not to exceed the limits prescribed by Secs. 20.1201 
and 20.1301 of this chapter. The system must either be directly vented 
to the atmosphere through an air exhaust or provide for collection and 
decay or disposal of the aerosol or gas in a shielded container.
* * * * *
    (c) Before receiving, using, or storing a radioactive gas, the 
licensee shall calculate the amount of time needed after a spill to 
reduce the concentration in the room low enough so as not to exceed the 
limits prescribed by Sec. 20.1201 of this chapter. The calculation must 
be based on the highest activity of gas handled in a single container, 
the air volume of the room, and the measured available air exhaust 
rate.
* * * * *

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    7. The authority citation for Part 40 continues to read as follows:

    Authority: Sec. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 
932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, 
Public Law 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 
Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 
2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Public 
Law 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 
202, 206, 88 Stat. 1242, as amended, 1244, 1246, (42 U.S.C. 5841, 
5842, 5846); sec. 275, 92 Stat. 3021, as amended by Public Law 97-
415, 96 Stat. 2067 (42 U.S.C. 2022).
    Section 40.7 also issued under Public Law 95-602, sec. 10, 92 
Stat. 2951, as amended by Public Law 102-486, sec. 2902, 106 Stat. 
3123 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also 
issued under sec. 187, 68 Stat 955 (42 U.S.C. 2237).


Sec. 40.34  [Amended]

    8. In Sec. 40.34, paragraph (a)(2) is amended by revising the 
reference to ``Sec. 20.2101(a)'' to read ``Sec. 20.1201(a).''

    Dated at Rockville, Maryland, this 9th day of August 1994.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-19900 Filed 8-12-94; 8:45 am]
BILLING CODE 7590-01-P