[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Rules and Regulations]
[Pages 20183-20186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10123]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 20

RIN 3150-AA38


Standards for Protection Against Radiation; Clarification

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; clarification.

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SUMMARY: A final rule was published in the Federal Register on December 
22, 1993 (58 FR 67657) that made a number [[Page 20184]] of conforming 
amendments to the NRC's standards for protection against radiation. 
References to the former 10 CFR Part 20 were removed from the revised 
Part 20, and, in that process, certain requirements not intended to be 
removed were inadvertently deleted. This final rule reinstates those 
requirements to retain records generated under the previously existing 
provisions of Part 20 which were intended to remain in effect.

EFFECTIVE DATE: April 25, 1995.

FOR FURTHER INFORMATION CONTACT: Mary L. Thomas or Jayne M. McCausland, 
Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 415-6230 or 415-
6219, email [email protected] or [email protected].

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, 1994.
    On December 22, 1993 (58 FR 67657), the NRC published a final rule, 
effective on January 1, 1994, that removed or modified a number of 
provisions to reflect the effective date for NRC's revised standards 
for radiation protection. It has been determined that several 
requirements, scheduled for removal or modification by the December 22, 
1993 rulemaking, should not have been removed or modified because they 
have continuing effect beyond the January 1, 1994, effective date for 
10 CFR Part 20. Accordingly, the current action restores those 
requirements that were incorrectly modified or removed by the December 
22, 1993, rulemaking.
    Specifically, this action is necessary to clarify the Commission's 
intent in 10 CFR Part 20 to require that licensees continue to retain 
the following records until the Commission terminates the pertinent 
license:
    (1) Records of surveys which were required by the formerly 
applicable Sec. 20.401(c)(2) (i), (ii), and (iii), such as records of 
the results of surveys to determine the external radiation dose in the 
absence of personnel monitoring data to ensure compliance with NRC 
regulations concerning the concentrations of radioactive materials in 
air (formerly applicable 10 CFR Part 20 Appendix B), and records of the 
results of surveys used to evaluate the release of radioactive 
effluents to the environment;
    (2) Records used in the preparation of NRC Form 4, such as records 
of the individual's occupational exposure from former employers which 
were required by the formerly applicable Sec. 20.102(c)(2);
    (3) Waste shipment manifests and documentation of acknowledgement 
of receipt which were required by the formerly applicable 
Secs. 20.311(d)(7), (e)(5), (f)(8), and (g)(2);
    (4) Records of radiation monitoring which were required by the 
formerly applicable Sec. 20.401(c)(1);
    (5) Records of disposal into sanitary sewers, by land burial, and 
other approved disposals which were required by the formerly applicable 
Sec. 20.401(c)(3).
    2. In addition, this action is necessary to correct the reference 
to ``appendices A, B, C, D, or F to Secs. 20.1001-20.2401'' to read 
``appendices B, C, D, or F to part 20'' in Sec. 20.1201 (d) and (e), 
Sec. 20.1204(c)(3), (e)(i), and (h)(2), Sec. 20.1302 (b)(2)(i) and (c), 
Sec. 20.1502(b)(1), Sec. 20.1703 (b)(1), (b)(2), and (d), Sec. 20.1704, 
Sec. 20.1902(e), Sec. 20.1905 (a) and (b), Sec. 20.1906(d), 
Sec. 20.2003 (a)(2) and (a)(3)(i), Sec. 20.2006 (a), (b), (c), and (d), 
Sec. 20.2201 (a)(i), (a)(ii), and (b)(2)(ii), Sec. 20.2203(d), and 
Sec. 20.2204.
    3. To be consistent with the ALARA definition found in 
Sec. 20.1003, the word ``practicable'' is changed to read ``practical'' 
in Secs. 20.1701, 20.1702, 20.1906(c), and Appendix F to Part 20.
    4. Finally, in Appendix C to 10 CFR Part 20, Quantities of licensed 
material requiring labeling, the quantity for Carbon-14 is corrected to 
read ``100'' rather than ``1000.'' This change corrects a typographical 
error.
    These amendments are corrective in nature, restore provisions 
inadvertently deleted in prior amendments, and correct reference and 
typographical errors found in the aforementioned sections of the 
revised 10 CFR part 20 (December 22, 1993; 58 FR 67657). Because the 
opportunity for public comment was previously provided for the changes 
which 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 Procedures Act (APA) pursuant 
to 5 U.S.C. 553(b)(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)).

Enforcement

    During the interim period from January 1, 1994 to the present, 
there has been no explicit requirement that licensees retain the five 
categories of records addressed in this rule that were required under 
the old Part 20. Therefore, a violation will not be cited in any case 
in which a licensee discarded the records during this period. In the 
case of a licensee that retained any of the five categories of records 
but discards those records after the effective date of this rulemaking, 
a violation may be cited in accordance with the NRC Enforcement Policy.

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 number 3150-0014.

Regulatory Analysis

    This final rule is administrative in that it reinstates provisions 
inadvertently removed from the text of an existing regulation and 
corrects errors found in the revised 10 CFR Part 20. 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 [[Page 20185]] in the NRC Public Document 
Room, 2120 L Street NW (Lower Level), Washington, DC 20037.

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 in 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.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553 the NRC is adopting 
the following amendments to 10 CFR Part 20.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

    1. 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 (2 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).


Sec. 20.1201  [Amended]

    2. In Sec. 20.1201, paragraphs (d) and (e) are amended by 
correcting the reference to ``Appendix B to Secs. 20.1001-20.2401'' to 
read ``Appendix B to Part 20.''


Sec. 20.1203  [Amended]

    3. Section 20.1203 is amended by correcting the reference to 
``Appendix B to Secs. 20.1001-20.2401'' to read ``Appendix B to Part 
20.''


Sec. 20.1204  [Amended]

    4. In Sec. 20.1204, paragraphs (c)(3), (e)(1), and (h)(2) are 
amended by correcting the reference to ``Appendix B to Secs. 20.1001-
20.2401'' to read ``Appendix B to Part 20.''


Sec. 20.1302  [Amended]

    5. In Sec. 20.1302, paragraphs (b)(2)(i) and (c) are amended by 
correcting the reference to ``Appendix B to Secs. 20.1001-20.2401'' to 
read ``Appendix B to Part 20.''


Sec. 20.1502  [Amended]

    6. In Sec. 20.1502, paragraph (b)(1) is amended by correcting the 
reference to ``Appendix B to Secs. 20.1001-20.2401'' to read ``Appendix 
B to Part 20.''


Sec. 20.1701  [Amended]

    7. Section 20.1701 is amended by deleting the word ``practicable'' 
and replacing it with the word ``practical.''


Sec. 20.1702  [Amended]

    8. Section 20.1702 is amended by deleting the word ``practicable'' 
and replacing it with the word ``practical.''
    9. In Sec. 20.1703, paragraph (b)(1), the introductory text of 
paragraph (b)(2), and paragraph (d) are revised to read as follows:


Sec. 20.1703  Use of individual respiratory protection equipment.

* * * * *
    (b) * * *
    (1) The licensee selects respiratory protection equipment that 
provides a protection factor (see Appendix A, Part 20) greater than the 
multiple by which peak concentrations of airborne radioactive materials 
in the working area are expected to exceed the values specified in 
Appendix B to Part 20, Table 1, column 3. If the selection of a 
respiratory protection device with a protection factor greater than the 
multiple defined in the preceding sentence is inconsistent with the 
goal specified in Sec. 20.1702 of keeping the total effective dose 
equivalent ALARA, the licensee may select respiratory protection 
equipment with a lower protection factor only if such a selection would 
result in keeping the total effective dose equivalent ALARA. The 
concentration of radioactive material in the air that is inhaled when 
respirators are worn may be initially estimated by dividing the average 
concentration in air, during each period of uninterrupted use, by the 
protection factor. If the exposure is later found to be greater than 
estimated, the corrected value must be used; if the exposure is later 
found to be less than estimated, the corrected value may be used.
    (2) The licensee shall obtain authorization from the Commission 
before assigning respiratory protection factors in excess of those 
specified in Appendix A to Part 20. The Commission may authorize a 
licensee to use higher protection factors on receipt of an application 
that--
* * * * *
    (d) The licensee shall notify, in writing, the Regional 
Administrator of the appropriate NRC Regional Office listed in Appendix 
D to Part 20 at least 30 days before the date that respiratory 
protection equipment is first used under the provisions of either 
Sec. 20.1703 (a) or (b).


Sec. 20.1704  [Amended]

    10. The introductory paragraph of Sec. 20.1704 is amended by 
correcting the reference to ``Appendix A to Secs. 20.1001-20.2401'' to 
read ``Appendix A to Part 20.''


Sec. 20.1902  [Amended]

    11. In Sec. 20.1902, paragraph (e) is amended by correcting the 
reference to ``Appendix C to Secs. 20.1001-20.2401'' to read ``Appendix 
C to Part 20.''


Sec. 20.1905  [Amended]

    12. In Sec. 20.1905, paragraph (a) is amended by correcting the 
reference to ``Appendix C to Secs. 20.1001-20.2401'' to read ``Appendix 
C to Part 20'' and paragraph (b) is amended by correcting the reference 
to ``Appendix B to Secs. 20.1001-20.2401'' to read ``Appendix B to Part 
20.''


Sec. 20.1906  [Amended]

    13. In Sec. 20.1906, paragraph (c) is amended by deleting the word 
``practicable'' and replacing it with the word ``practical,'' and the 
introductory text of paragraph (d) is amended by correcting the 
reference to ``Appendix D to Secs. 20.1001-20.2401'' to read ``Appendix 
D to Part 20.''


Sec. 20.2003  [Amended]

    14. In Sec. 20.2003, paragraphs (a)(2) and (a)(3)(i) are amended by 
correcting the reference to ``Appendix B to Secs. 20.1001-20.2401'' to 
read ``Appendix B to Part 20.''


Sec. 20.2006  [Amended]

    15. In Sec. 20.2006, paragraphs (a), (b), (c), and (d) are amended 
by correcting the reference to ``Appendix F to Secs. 20.1001-20.2401'' 
to read ``Appendix F to Part 20.''
    16. In Sec. 20.2103, paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) 
are revised to read as follows:


Sec. 20.2103  Records of surveys.

* * * * *
    (b) * * *
    (1) Records of the results of surveys to determine the dose from 
external sources and used, in the absence of or in combination with 
individual monitoring data, in the assessment of individual dose 
equivalents. This includes those records of results of surveys to 
determine the dose from external sources and used, in the absence of or 
in combination with individual monitoring data, in the assessment of 
individual dose equivalents required under the [[Page 20186]] standards 
for protection against radiation in effect prior to January 1, 1994; 
and
    (2) Records of the results of measurements and calculations used to 
determine individual intakes of radioactive material and used in the 
assessment of internal dose. This includes those records of the results 
of measurements and calculations used to determine individual intakes 
of radioactive material and used in the assessment of internal dose 
required under the standards for protection against radiation in effect 
prior to January 1, 1994; and
    (3) Records showing the results of air sampling, surveys, and 
bioassays required pursuant to Sec. 20.1703(a)(3) (i) and (ii). This 
includes those records showing the results of air sampling, surveys, 
and bioassays required under the standards for protection against 
radiation in effect prior to January 1, 1994; and
    (4) Records of the results of measurements and calculations used to 
evaluate the release of radioactive effluents to the environment. This 
includes those records of the results of measurements and calculations 
used to evaluate the release of radioactive effluents to the 
environment required under the standards for protection against 
radiation in effect prior to January 1, 1994.
    17. In Sec. 20.2104, paragraph (f) is revised to read as follows:


Sec. 20.2104  Determination of prior occupational dose.

* * * * *
    (f) The licensee shall retain the records on NRC Form 4 or 
equivalent until the Commission terminates each pertinent license 
requiring this record. The licensee shall retain records used in 
preparing NRC Form 4 for 3 years after the record is made. This 
includes records required under the standards for protection against 
radiation in effect prior to January 1, 1994.
    18. In Sec. 20.2106, paragraph (f) is revised to read as follows:


Sec. 20.2106  Records of individual monitoring results.

* * * * *
    (f) The licensee shall retain the required form or record until the 
Commission terminates each pertinent license requiring this record. 
This includes records required under the standards for protection 
against radiation in effect prior to January 1, 1994.
    19. In Sec. 20.2108, paragraph (b) is revised to read as follows:


Sec. 20.2108  Records of waste disposal.

* * * * *
    (b) The licensee shall retain the records required by paragraph (a) 
of this section until the Commission terminates each pertinent license 
requiring this record. This includes records required under the 
standards for protection against radiation in effect prior to January 
1, 1994.


Sec. 20.2201  [Amended]

    20. In Sec. 20.2201, paragraphs (a)(1) (i) and (ii), are amended by 
correcting the reference to ``Appendix C to Secs. 20.1001-20.2401'' to 
read ``Appendix C to Part 20,'' and paragraph (b)(2)(ii) is amended by 
correcting the reference to ``Appendix D to Secs. 20.1001-20.2401'' to 
read ``Appendix D to Part 20.''


Sec. 20.2203  [Amended]

    21. In Sec. 20.2203, paragraph (d) is amended by correcting the 
reference to ``Appendix D to Secs. 20.1001-20.2401'' to read ``Appendix 
D to Part 20.''


Sec. 20.2204  [Amended]

    22. Section 20.2204 is amended by correcting the reference to 
``Appendix D to Secs. 20.1001-20.2401'' to read ``Appendix D to Part 
20.''
    23. In Appendix C, the quantity for Carbon-14 is revised to read as 
follows:

Appendix C to Part 20--Quantities of Licensed Material Requiring 
Labeling

* * * * *

    Appendix C to Part 20--Quantities of Licensed Material Requiring    
                                Labeling                                
------------------------------------------------------------------------
                                                              Quantity  
                       Radionuclide                        (Ci)
------------------------------------------------------------------------
Carbon-14................................................           100 
------------------------------------------------------------------------

* * * * *

Appendix F to part 20 [Amended]

    24. In Appendix F, paragraph I, Manifest is amended by deleting the 
word ``practicable'' and replacing it with the word ``practical,'' and 
paragraphs III(A)(7), (B)(5), (C)(8), and (D)(2) are revised to read as 
follows:
III. Control and Tracking
    (A) * * *
    (7) Retain a copy of the manifest and documentation of 
acknowledgement of receipt as the record of transfer of licensed 
material as required by parts 30, 40, and 70 of this chapter. This 
includes those manifests and documents required under the standards for 
protection against radiation in effect prior to January 1, 1994; and
* * * * *
    (B) * * *
    (5) Retain a copy of the manifest and documentation of 
acknowledgement of receipt as the record of transfer of licensed 
material as required by parts 30, 40, and 70 of this chapter, and 
retain information from generator manifest until the license is 
terminated. This includes those manifests and documents of 
acknowledgement of receipt required under the standards for protection 
against radiation in effect prior to January 1, 1994; and
* * * * *
    (C) * * *
    (8) Retain copies of original manifests and new manifests and 
documentation of acknowledgement of receipt as the record of transfer 
of licensed material as required by parts 30, 40, and 70 of this 
chapter. This includes those manifests and documents of acknowledgement 
of receipt required under the standards for protection against 
radiation in effect prior to January 1, 1994; and
* * * * *
    (D) * * *
    (2) Maintain copies of all completed manifests or equivalent 
documentation until the license is terminated. This includes those 
manifests or equivalent documents required under the standards for 
protection against radiation in effect prior to January 1, 1994; and
* * * * *
    Dated at Rockville, Maryland, this 11th day of April 1995.

    For the Nuclear Regulatory Commission.
James L. Milhoan,
Acting Executive Director for Operations.
[FR Doc. 95-10123 Filed 4-24-95; 8:45 am]
BILLING CODE 7590-01-P