[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