[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Proposed Rules]
[Pages 52388-52394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25486]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20, 32, 35, 36, 39

RIN 3150-AF46


Minor Corrections, Clarifying Changes, and a Minor Policy Change

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission is proposing to amend its 
regulations to make minor corrections and clarifying changes to the 
standards for protection against radiation. The proposed amendments 
would also conform other parts with the Commission's revised radiation 
protection requirements. In addition, a minor policy change is proposed 
that would revise the monitoring criterion for minors from 0.05 rem 
(0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women 
from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies. 
Revising the monitoring criterion would not, in any way, raise the dose 
limit for declared pregnant women and minors. Licensees would still be 
required to ensure that the dose limit of 0.5 rem (5 mSv) for minors is 
not exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for 
declared pregnant women is not exceeded during the period of their 
pregnancy. The dose limit for the embryo/fetus is unchanged. This 
proposed rule is necessary to inform the public of these minor changes 
to the NRC's regulations and invite comments.

DATES: Comment period expires December 23, 1996. Comments received 
after this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; Attention: Docketing and Service 
Branch.
    Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, 
between 7:45 am and 4:15 pm Federal workdays.
    Copies of the supporting statement submitted to OMB and comments 
received may be examined at the NRC Public Document Room at 2120 L 
Street NW. (Lower Level), Washington, DC.
    For information on submitting comments electronically, see the 
discussion under Electronic Access in the Supplementary Information 
section.

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

SUPPLEMENTARY INFORMATION:

    On May 21, 1991 (56 FR 23360), a final rule was published in the 
Federal Register that amended 10 CFR Part 20 to update the NRC's 
``Standards for Protection Against Radiation.'' Subsequent amendments 
were published to (1) change the mandatory implementation date to 
January 1, 1994, and make conforming changes to the text to reflect the 
new implementation date (57 FR 38588; August 26, 1992), (2) remove or 
modify provisions to reflect the new implementation date for NRC's 
revised ``Standards for Protection Against Radiation'' (58 FR 67657; 
December 22, 1993), and (3) restore provisions inadvertently removed or 
modified (59 FR 41641; August 15, 1994; and 60 FR 20183; April 25, 
1995). This proposed rule would make additional minor corrections and 
clarifying changes to the NRC regulation for greater clarity and to 
further facilitate implementation. The proposed rule would also make 
conforming amendments to 10 CFR Parts 32, 35, 36, and 39. In addition, 
a minor policy change is proposed that would revise the monitoring 
criterion for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a 
year and for declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem 
(1 mSv) during their pregnancies.
    This proposed rule would make the following changes:
    (1) In Sec. 20.1003, ``Definitions,'' clarifying changes and minor 
corrections would be made to the following:
    (a) The term ``Airborne radioactivity area'' would be replaced with 
``Airborne radioactive material area'' to clarify that radioactivity is 
a property of matter and, as such, cannot be airborne. A conforming 
change would also be made in Sec. 20.1902(d) to permit licensees the 
option of either using the current signs or posting new signs to 
reflect this change.

[[Page 52389]]

    (b) The definition of ``Declared pregnant woman'' would be revised 
to specify that the written declaration of pregnancy would be given to 
the licensee. This is necessary to ensure that the licensee responsible 
for work assignments involving exposure is aware of the declaration of 
pregnancy so that appropriate dose restriction can be imposed. The 
change would also specify the duration of the effectiveness of a 
woman's declaration.
    (c) The term ``Eye dose equivalent'' (EDE) would be replaced with 
``Lens dose equivalent'' (LDE) to avoid confusion between the 
initialisms for dose to the lens of the eye and effective dose 
equivalent (EDE).
    (d) The definitions of ``High radiation area'' and ``Very high 
radiation area'' would be revised to make it clear that these area 
designations are based solely on radiation levels from sources external 
to an individual who may receive the dose.
    (e) The definition of ``Individual monitoring devices'' would be 
revised to correct the terminology for thermoluminescence dosimeters.
    (2) In Sec. 20.1101(b), the word ``practicable'' would be changed 
to ``practical'' to remove the basis for an incorrect perception among 
some licensees that, by using the word ``practicable'' in this section, 
the NRC is requiring licensees to use any dose averting technique that 
is capable of being used even if the technique is unproven or 
impractical.
    (3) In Secs. 20.1201 (a)(2)(i) and (c); 20.1203; 20.2101; 
20.2106(a)(1); and 20.2202 (a)(1)(ii) and (b)(1)(ii), ``eye dose 
equivalent'' would be replaced by ``lens dose equivalent'' to conform 
to the proposed amendment in Sec. 20.1003.
    (4) In Sec. 20.1206, Planned special exposures, paragraph (a) would 
be revised to clarify the meaning of ``higher exposure.'' The proposed 
new wording would state that planned special exposures are authorized 
only in exceptional situations when alternatives that might avoid the 
dose are unavailable or impractical.
    (5) In Sec. 20.1208 (a), (c), (c)(2), and (d), the phrase ``dose to 
an embryo/fetus'' would be changed to read ``dose equivalent to the 
embryo/fetus'' to make it clear that the dose limit specifically 
applies to the dose equivalent, which is the technically correct term 
to denote effect of dose to an organ.
    (6) In Sec. 20.1501(a)(2)(i), the phrase ``The extent of radiation 
levels;* * *'' would be revised to read ``The magnitude and extent of 
radiation levels;* * *.'' to more clearly reflect the intended meaning.
    (7) In Sec. 20.1501(a)(2)(iii), the phrase ``The potential 
radiological hazards that could be present'' would be revised to read 
``The potential radiological hazards'' to remove the redundancy.
    (8) In Sec. 20.1502, the words ``from radiation sources under the 
control of the licensee'' would be added after ``exposure to 
radiation'' in paragraph (a) to improve clarity and to make it clear 
that a licensee is not responsible for sources not under its control.
    (9) In Sec. 20.1502 (a)(2) and (b)(2), monitoring requirements are 
stated as one-tenth of applicable limits for a year for minors and 
pregnant women, even though the dose limits referenced in paragraph 
(a)(2) apply for an entire year to minors while the dose limit 
referenced in paragraph (b)(2) applies only to the 9-month gestation 
period of a declared pregnant woman. These paragraphs would be 
separated and revised accordingly to make this section consistent with 
Sec. 20.1208 and technically correct. In addition, the criterion for 
monitoring minors and declared pregnant women would be changed for 
minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for 
declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) 
during their pregnancies. This change would constitute a small licensee 
burden reduction with no loss in worker health and safety. The 
conservative approach currently in use has resulted in the following 
problems:
    (a) The value is not consistent with the 0.1 rem (1 mSv) dose limit 
for members of the public in Sec. 20.1301(a). It is not appropriate to 
require monitoring of workers who are expected to receive less dose 
than is permitted for members of the public; and
    (b) The value is not consistent with the 100-mrem (1 mSv) training 
criterion in the recently revised Sec. 19.12 (60 FR 36038; July 13, 
1995).
    Raising this limit would not, in any way, raise the dose limit for 
declared pregnant women and minors. Licensees would still be required 
to ensure that the dose limit of 0.5 rem (5 mSv) for minors is not 
exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for 
declared pregnant women is not exceeded during the period of their 
pregnancy.
    (10) In Sec. 20.1902(d), a proposed change to the posting 
requirement would permit the use of the words ``Airborne Radioactive 
Material Area'' in place of the currently required ``Airborne 
Radioactivity Area.'' The proposed change would also permit the 
continued use of existing stocks of signs with the currently required 
``Airborne Radioactivity Area.'' This would conform to the proposed 
amendment in Sec. 20.1003.
    (11) In Sec. 20.1903, a new paragraph would be added to exempt 
teletherapy rooms in a hospital from posting requirements as long as 
access is controlled to prevent the exposure of workers, other 
patients, and members of the public to radiation. The purpose of this 
change is to bring the regulation into conformity with existing 
licensing practices which avoid the unwarranted and potentially 
unsettling effect that ``GRAVE DANGER, VERY HIGH RADIATION AREA'' signs 
may have on patients.
    (12) In Sec. 20.1906(d), a revision would require licensees to 
notify the NRC Operations Center, instead of an NRC Regional Office, 
upon receiving and opening packages when radiation levels exceed 
regulatory limits. This would provide for consistency within the prompt 
notification requirements contained in Sec. 20.2201. A conforming 
change also would be made to the prompt notification requirements in 
Sec. 20.2202.
    (13) In Sec. 20.2101, a revision would permit licensees to include 
both the new SI units and the old (special) units of dose on records 
required by this part. Each of the recorded dose quantities would be 
recorded in the appropriate special unit and, if so desired, followed 
by the appropriate SI unit in parentheses. The term ``eye dose 
equivalent'' would be replaced by ``lens dose equivalent'' to conform 
to the proposed amendment in Sec. 20.1003.
    (14) In Sec. 20.2106 (a)(2) and (a)(3), the references to ``body 
burden'' would be removed because this term is obsolete and is not 
defined in revised 10 CFR Part 20. Section 20.2106(a)(4) would be 
revised by adding a reference to Sec. 20.1204(a), which requires 
licensees to take measurements of (1) concentrations of radioactive 
materials in air in work areas, or (2) quantities of radionuclides in 
the body, or (3) quantities of radionuclides excreted from the body, or 
(4) combinations of these measurements in order to determine internal 
dose when required by Sec. 20.1502 to monitor internal dose. This, in 
effect, uses recorded concentrations of radioactive material in air, 
quantities of radioactive material determined to be in the body, or 
excreta, or any combination of these that would be needed, instead of 
``body burden,'' for assessing the committed effective dose equivalent 
(CEDE). The NRC believes that this information is clearly necessary to 
support the recorded results of the licensee's calculation of CEDE. 
Adding this reference would not impose any additional recordkeeping 
burden on

[[Page 52390]]

licensees because they are required to obtain this information in order 
to calculate CEDE under Sec. 20.1204.
    (15) A revision to Sec. 20.2202(d) would result in the application 
of the same incident reporting requirements to all licensees. 
Currently, this section requires that power reactor licensees submit 
reports to the NRC Operations Center, but all other licensees must 
submit both a telephone report to the NRC Operations Center and a 
telegram, mailgram, or facsimile to the Regional Office. This change 
would require all licensees to report incidents by telephone to the NRC 
Operations Center ensuring consistency in the prompt notification 
requirements contained elsewhere in this part and would result in a 
reduction in the information collection burden.
    (16) In Sec. 32.54(a), the reference to ``Sec. 20.203(a)'' would be 
corrected to read ``Sec. 20.1901.''
    (17) In Sec. 35.20, ``ALARA program,'' paragraph (c) would be 
removed as redundant because the requirements that are to be addressed 
in the ALARA program are contained in 10 CFR Part 20, and the training 
requirements are addressed in 10 CFR 19.12. Part 35 references both 
Parts 19 and 20 as containing requirements for medical licensees.
    (18) Safety precautions and survey requirements for restricted and 
unrestricted areas are specified in Secs. 35.315, 35.415, 35.641, and 
35.643. Sections 35.315(a)(4) and 35.415(a)(4) would be revised to 
remove the words ``restricted'' and ``unrestricted'' where they modify 
the word ``area.'' Sections 35.641(a)(2)(i) and (a)(2)(ii) and 
35.643(a) would be revised to be consistent with definitions of dose to 
occupationally exposed individuals and dose to members of the public. 
Also, in Sec. 35.643(a)(1), a misreference to Sec. 20.1301(c) would be 
corrected to read Sec. 20.1301. The 0.5 rem (5 mSv) limit permitted by 
application and NRC approval under Sec. 20.1301(c) was never intended 
to be required under this section in Part 35. Rather, it was always the 
intent of the NRC to apply the 0.1 rem (1 mSv) limit in Sec. 20.1301(a) 
to this section, with the provision for licensees to request the 0.5 
rem limit specified in Sec. 20.1301(c).
    (19) In Sec. 36.23(g), posting requirements for a panoramic 
irradiator would be revised to conform with posting requirements for 
high or very high radiation areas in Sec. 20.1902. The posting 
requirements in Part 36 currently require a posting appropriate to a 
high radiation area only.
    (20) In Sec. 39.33, ``Radiation detection instruments,'' a 
conforming change to paragraph (a) would be made by replacing the term 
``milliroentgens'' with the term ``millirems'' to be consistent with 
revised Part 20 terminology. Because the NRC recognizes that most 
licensees may still use radiation detection instruments that measure 
radiation in units of roentgens, measurements taken in roentgens could 
continue to be recorded in terms of the roentgen, provided that the 
measurements can be readily converted to rem for records required under 
10 CFR Part 20.2101(a).
    (21) In Sec. 39.71(b), the reference to ``Sec. 20.3'' would be 
corrected to read ``Sec. 20.1003.''

Electronic Access

    Comments on the proposed rule may also be submitted electronically 
in either ASCII text or Wordperfect format (version 5.1 or later) by 
calling the NRC Electronic Bulletin Board on FedWorld. The bulletin 
board may be accessed using a personal computer, a modem, and one of 
the commonly available communications software packages, or directly 
via Internet.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number: 1-800-303-9672. Communication software parameters should be set 
as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Use ANSI or VT-100 terminal emulation. The NRC rulemaking systems can 
then be accessed by selecting the ``Rules Menu'' option from the ``NRC 
Main Menu.'' For further information about options available for NRC at 
FedWorld, consult the ``Help/Information Center'' from the ``NRC Main 
Menu.'' Users will find the ``FedWorld Online User's Guides'' 
particularly helpful. Many NRC subsystems and databases also have a 
``Help/Information Center'' option that is tailored to the particular 
subsystem.
    The NRC subsystem on FedWorld can also be accessed by a direct dial 
phone number for the main FedWorld BBS: 703-321-3339; Telnet via 
Internet: fedworld.gov (192.239.92.3); File Transfer Protocol (FTP) via 
Internet: ftp.fedworld.gov (192.239.92.205); and World Wide Web using 
the ``Home Page'': www.fedworld.gov (this is the Uniform Resource 
Locator (URL)). If you contact FedWorld using Telnet, you will see the 
NRC area and menus, including the Rules Menu. Although you will be able 
to download documents and leave messages, you will not be able to write 
comments or upload files (comments). If you contact FedWorld using FTP, 
all files can be accessed and downloaded but uploads are not allowed; 
all you will see is a list of files without descriptions (normal Gopher 
look). An index file listing all files within a subdirectory, with 
descriptions, is available. There is a 15-minute time limit for FTP 
access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP that mode only provides access for downloading files and does 
not display the NRC Rules Menu.
    If using a method other than the NRC's toll free number to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting ``F--Regulatory, Government Administration and State 
Systems'' or by entering the command ``/go nrc'' at a FedWorld command 
line. At the next menu, select ``A--Regulatory Information Mall,'' and 
then select ``A--U.S. Nuclear Regulatory Commission'' at the next menu. 
If you access NRC from FedWorld's ``Regulatory, Government 
Administration'' menu, you may return to FedWorld by selecting the 
``Return to FedWorld'' option from the ``NRC Main Menu.'' However, if 
you access NRC at FedWorld by using NRC's toll-free number, you will 
have full access to all NRC systems, but you will not have access to 
the main FedWorld system. For more information on NRC bulletin boards, 
call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 
(301) 415-5780; e-mail AXD[email protected].

Agreement State Compatibility

    This rulemaking will be a matter of compatibility between the NRC 
and the Agreement States, thereby providing consistency of State and 
Federal safety requirements. The NRC has determined that a Division 2 
level of compatibility should be assigned to the changes to 
Secs. 20.1003, 20.1101, 20.1201, 20.1206, 20.1208, 20.1501, 20.1502, 
20.1902, 20.1903, 20.1906, 20.2101, 20.2106, 20.2202, 32.54, 35.20, 
35.315, 35.415, 35.641, 35.643, 36.23, 39.33, and 39.71 because the 
requirements in these sections already have been assigned a Division 2 
level of compatibility. This rulemaking is primarily of a clarifying 
nature so the basis for that assignment should not change.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this proposed rule is the type of 
action described in the categorical exclusion in 10 CFR 51.22(c)(2). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this proposed rule.

[[Page 52391]]

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). This rule has been submitted to the Office of Management and 
Budget for review and approval of the paperwork requirements.
    The rule will reduce existing information collection requirements, 
and the public burden for this collection of information is expected to 
be reduced by approximately 250 hours per year over the entire 
industry. This reduction includes the time required for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. The U.S. Nuclear Regulatory Commission is 
seeking public comment on the potential impact of the collection of 
information contained in the proposed rule and on the following issues:
    1. Is the proposed collection of information necessary for the 
proper performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the collection of information be 
minimized, including the use of automated collection techniques?
    Send comments on any aspect of this proposed collection of 
information, including suggestions for reducing the burden, to the 
Information and Records Management Branch (T-6F33), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or by Internet 
electronic mail at [email protected]; and to the Desk Officer, Office of 
Information and Regulatory Affairs, NEOB-10202, (3150-0014), Office of 
Management and Budget, Washington, DC 20503.
    Comments to OMB on the collection of information or on the above 
issues should be submitted by (November 6, 1996. Comments received 
after this date will be considered if it is practical to do so, but 
assurance of consideration cannot be given to comments received after 
this date.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Regulatory Analysis

    This proposed rule makes minor correcting and clarifying amendments 
to the requirements in 10 CFR Part 20 and conforms 10 CFR Parts 32, 35, 
36, and 39 to 10 CFR Part 20. The proposed rulemaking would not impose 
any additional costs on licensees since the rulemaking would be 
correcting and clarifying several definitions and current requirements 
addressing standards for protection against radiation. No impact is 
anticipated to result from any of the proposed correcting or clarifying 
amendments. Because the proposed rule would improve clarity and 
consistency in the NRC's regulations, it would benefit the licensees.
    The proposed amendments should result in a minor reduction in 
burden to licensees by eliminating written reports and allowing 
licensees to submit incident reports by telephone. This proposed change 
is consistent with the Paperwork Reduction Act. The proposed 
requirements also would waive posting requirements in teletherapy rooms 
in hospitals because of the unsettling effects that the signs have on 
patients. There would be no decrease in safety because the safety 
precautions in 10 CFR Part 35 are considered adequate to protect 
individuals from inadvertent exposure to radiation. This proposed 
change would have a beneficial effect on patients.
    In addition, these proposed amendments would change the monitoring 
requirement for minors and pregnant women from one-tenth of the 
applicable limit or 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) for the 
following reasons:
    (1) The value is consistent with the 100 mrem (1 mSv) training 
criterion in the recently revised 10 CFR 19.12 (60 FR 36038; July 13, 
1995). Thus, monitoring would not be required at any dose below that 
requiring the training of workers.
    (2) The value is consistent with the 0.1 rem (1 mSv) dose limit for 
members of the public in 10 CFR 20.1301(a). It is not necessary or 
appropriate to require monitoring of workers who are expected to 
receive less dose than is permitted for members of the public. There 
may be some reduction in burden, but any reduction would be small, and 
because of the many factors that impact the decision as to whether 
personal dosimeters will be worn, it is impossible to assess this 
likely small burden reduction.
    This discussion constitutes the regulatory analysis for this 
proposed rule.

Backfit Analysis

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

List of Subjects

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 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

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 36

    Byproduct material, Criminal penalties, Nuclear material, Oil and 
gas exploration--well logging, Reporting and recordkeeping 
requirements, Scientific equipment, Security measures, Source material, 
Special nuclear material.

10 CFR Part 39

    Byproduct material, Criminal penalties, Nuclear material, Oil and 
gas exploration--well logging, Reporting and recordkeeping 
requirements, Scientific equipment, Security measures, Source material, 
Special nuclear material.

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, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 
2134, 2201, 2232,

[[Page 52392]]

2236, 2297f), secs. 201, as amended, 202, 206, 88 Stat. 1242, as 
amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    2. In Sec. 20.1003, the definitions of Airborne radioactivity area 
and Eye dose equivalent are removed. The definitions of Airborne 
radioactive material area and Lens dose equivalent are added in 
alphabetical order, and the definitions of Declared pregnant woman, 
High radiation area, Individual monitoring devices, and Very high 
radiation area are revised to read as follows:


Sec. 20.1003  Definitions.

* * * * *
    Airborne radioactive material area means a room, enclosure, or area 
in which airborne radioactive materials, composed wholly or partly of 
licensed material, exist in concentrations--
    (1) In excess of the derived air concentrations (DACs) specified in 
Appendix B to Secs. 20.1001-20.2402; or
    (2) To such a degree that an individual present in the area without 
respiratory protective equipment could exceed, during the hours that an 
individual is present in a week, an intake of 0.6 percent of the annual 
limit on intake (ALI) or 12 DAC-hours.
* * * * *
    Declared pregnant woman means a woman who has voluntarily informed 
the licensee, in writing, of her pregnancy and the estimated date of 
conception. The declaration remains in effect until the declared 
pregnant woman withdraws the declaration in writing or is no longer 
pregnant.
* * * * *
    High radiation area means an area, accessible to individuals, in 
which radiation levels from radiation sources external to the body 
could result in an individual receiving a dose equivalent in excess of 
0.1 rem (1 mSv) in 1 hour at 30 centimeters from the radiation source 
or 30 centimeters from any surface that the radiation penetrates.
* * * * *
    Individual monitoring devices (individual monitoring equipment) 
means devices designed to be worn by a single individual for the 
assessment of dose equivalent such as film badges, thermoluminescence 
dosimeters (TLDs), pocket ionization chambers, and personal (``lapel'') 
air sampling devices.
* * * * *
    Lens dose equivalent applies to the external exposure of the lens 
of the eye and is taken as the dose equivalent at a tissue depth of 0.3 
centimeter (300 mg/cm2).
* * * * *
    Very high radiation area means an area, accessible to individuals, 
in which radiation levels from radiation sources external to the body 
could result in an individual receiving an absorbed dose in excess of 
500 rads (5 grays) in 1 hour at 1 meter from a radiation source or 1 
meter from any surface that the radiation penetrates.
* * * * *
    3. In Sec. 20.1101, paragraph (b) is revised to read as follows:


Sec. 20.1101  Radiation protection programs.

* * * * *
    (b) The licensee shall use, to the extent practical, procedures and 
engineering controls based upon sound radiation protection principles 
to achieve occupational doses and doses to members of the public that 
are as low as is reasonably achievable (ALARA).
* * * * *
    4. In Sec. 20.1201, paragraphs (a)(2)(i) and (c) are revised to 
read as follows:


Sec. 20.1201  Occupational dose limits for adults

    (a) * * *
    (2) * * *
    (i) A lens dose equivalent of 15 rems (0.15 Sv); and
* * * * *
    (c) The assigned deep-dose equivalent and shallow-dose equivalent 
must be for the part of the body receiving the highest exposure. The 
deep-dose equivalent, lens dose equivalent, and shallow-dose equivalent 
may be assessed from surveys or other radiation measurements for the 
purpose of demonstrating compliance with the occupational dose limits, 
if the individual monitoring device was not in the region of highest 
potential exposure, or the results of individual monitoring are 
unavailable.
* * * * *
    5. In Sec. 20.1203, the introductory text is revised to read as 
follows:


Sec. 20.1203  Determination of external dose from airborne radioactive 
material.

    Licensees shall, when determining the dose from airborne 
radioactive material, include the contribution to the deep-dose 
equivalent, lens dose equivalent, and shallow-dose equivalent from 
external exposure to the radioactive cloud (see appendix B to part 20, 
footnotes 1 and 2).
* * * * *
    6. In Sec. 20.1206, paragraph (a) is revised to read as follows:


Sec. 20.1206  Planned special exposures.

* * * * *
    (a) The licensee authorizes a planned special exposure only in an 
exceptional situation when alternatives that might avoid any additional 
dose estimated to result from the planned special exposure are 
unavailable or impractical.
* * * * *
    7. In Sec. 20.1208, the section heading, paragraph (a), the 
introductory text of paragraph (c), and paragraphs (c)(2) and (d) are 
revised to read as follows:


Sec. 20.1208  Dose equivalent to an embryo/fetus.

    (a) The licensee shall ensure that the dose equivalent to the 
embryo/fetus during the entire pregnancy as a result of the 
occupational exposure of a declared pregnant woman does not exceed 0.5 
rem (5 mSv). (For recordkeeping requirements, see Sec. 20.2106.)
* * * * *
    (c) The dose equivalent to the embryo/fetus is the sum of--
* * * * *
    (2) The dose equivalent to the embryo/fetus resulting from 
radionuclides in the embryo/fetus and radionuclides in the declared 
pregnant woman.
    (d) If the dose equivalent to the embryo/fetus is found to have 
exceeded 0.5 rem (5 mSv), or is within 0.05 rem (0.5 mSv) of this dose, 
by the time the woman declares the pregnancy to the licensee, the 
licensee shall be deemed to be in compliance with paragraph (a) of this 
section if the additional dose equivalent to the embryo/fetus does not 
exceed 0.05 rem (0.5 mSv) during the remainder of the pregnancy.
    8. In Sec. 20.1501, paragraphs (a)(2)(i) and (a)(2)(iii) are 
revised to read as follows:


Sec. 20.1501  General.

    (a) * * *
    (2) * * *
    (i) The magnitude and extent of radiation levels;
* * * * *
    (iii) The potential radiological hazards.
* * * * *
    9. In Sec. 20.1502, paragraph (a)(3) is redesignated as (a)(4) and 
revised and new paragraphs (a)(3) and (b)(3) are added; and the 
introductory text of paragraph (a) and paragraphs (a)(2), (b)(1), and 
(b)(2) are revised to read as follows:


Sec. 20.1502  Conditions requiring individual monitoring of external 
and internal occupational dose.

* * * * *
    (a) Each licensee shall monitor occupational exposure to radiation 
from radiation sources under the control of the licensee and shall 
supply and

[[Page 52393]]

require the use of individual monitoring devices by--
* * * * *
    (2) Minors likely to receive, in 1 year, from radiation sources 
external to the body, a dose equivalent in excess of 0.1 rem (1 mSv);
    (3) Declared pregnant women likely to receive, during the entire 
pregnancy from radiation sources external to the body, a dose 
equivalent in excess of 0.1 rem (1 mSv); and
    (4) Individuals entering a high or very high radiation area.
    (b) * * *
    (1) Adults likely to receive, in 1 year, an intake in excess of 10 
percent of the applicable ALI(s) in table 1, Columns 1 and 2, of 
Appendix B to Secs. 20.1001-20.2402;
    (2) Minors likely to receive, in 1 year, a committed effective dose 
equivalent in excess of 0.1 rem (1 mSv); and
    (3) Declared pregnant women likely to receive, during the entire 
pregnancy, a committed effective dose equivalent in excess of 0.1 rem 
(1 mSv).
    10. In Sec. 20.1902, paragraph (d) is revised to read as follows:


Sec. 20.1902  Posting requirements.

* * * * *
    (d) Posting of airborne radioactive material areas. The licensee 
shall post each airborne radioactive material area with a conspicuous 
sign or signs bearing the radiation symbol and the words ``CAUTION, 
AIRBORNE RADIOACTIVITY AREA''; ``DANGER, AIRBORNE RADIOACTIVITY AREA''; 
``CAUTION, AIRBORNE RADIOACTIVE MATERIAL AREA''; or ``DANGER, AIRBORNE 
RADIOACTIVE MATERIAL AREA.''
* * * * *
    11. In Sec. 20.1903, a new paragraph (d) is added to read as 
follows:


Sec. 20.1903  Exceptions to posting requirements.

* * * * *
    (d) Rooms in hospitals or clinics that are used for teletherapy are 
exempt from the requirement to post caution signs under Sec. 20.1902 
if--
    (1) Access to the room is controlled pursuant to Sec. 35.615; and
    (2) Personnel in attendance take necessary precautions to prevent 
the inadvertent exposure of workers, other patients, and members of the 
public to radiation in excess of the limits established in this part.
    12. In Sec. 20.1906, the introductory text of paragraph (d) is 
revised to read as follows:


Sec. 20.1906  Procedures for receiving and opening packages.

* * * * *
    (d) The licensee shall immediately notify the final delivery 
carrier and the NRC Operations Center (301-816-5100), by telephone, 
when--
* * * * *
    13. In Sec. 20.2101, paragraph (c) is redesignated as paragraph (d) 
and revised, paragraph (b) is redesignated as paragraph (c) and 
revised, and a new paragraph (b) is added to read as follows:


Sec. 20.2101  General provisions.

* * * * *
    (b) In the records required by this part, the licensee may record 
quantities in SI units in parentheses following each of the units 
specified in paragraph (a) of this section. However, all quantities 
must be recorded as stated in paragraph (a) of this section.
    (c) Notwithstanding the requirements of paragraph (a) of this 
section, when recording information on shipment manifests, as required 
in Sec. 20.2006(b), information must be recorded in the International 
System of Units (SI) or in SI and units as specified in paragraph (a) 
of this section.
    (d) The licensee shall make a clear distinction among the 
quantities entered on the records required by this part (e.g., total 
effective dose equivalent, shallow-dose equivalent, lens dose 
equivalent, deep-dose equivalent, committed effective dose equivalent).
    14. In Sec. 20.2106, paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) 
are revised to read as follows:


Sec. 20.2106  Records of individual monitoring results.

    (a) * * *
    (1) The deep-dose equivalent to the whole body, lens dose 
equivalent, shallow-dose equivalent to the skin, and shallow-dose 
equivalent to the extremities;
    (2) The estimated intake of radionuclides (see Sec. 20.1202);
    (3) The committed effective dose equivalent assigned to the intake 
of radionuclides;
    (4) The specific information used to assess the committed effective 
dose equivalent pursuant to Sec. 20.1204 (a) and (c), and when required 
by Sec. 20.1502; and
* * * * *
    15. In Sec. 20.2202, paragraphs (a)(1)(ii), (b)(1)(ii), and (d)(2) 
are revised to read as follows:


Sec. 20.2202  Notification of incidents.

    (a) * * *
    (1) * * *
    (ii) A lens dose equivalent of 75 rems (0.75 Sv) or more; or
    (b) * * *
    (1) * * *
    (ii) A lens dose equivalent exceeding 15 rems (0.15 Sv); or
    (d) * * *
    (2) All other licensees shall make the reports required by 
paragraphs (a) and (b) of this section by telephone to the NRC 
Operations Center (301) 816-5100.
* * * * *

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

    16. The authority citation for part 32 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).


Sec. 32.54  [Amended]

    17. In Sec. 32.54, paragraph (a) is amended by removing the 
reference ``Sec. 20.203(a)'' and adding ``Sec. 20.1901.''

PART 35--MEDICAL USE OF BYPRODUCT MATERIAL

    18. 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).


Sec. 35.20  [Amended]

    19. In Sec. 35.20, paragraph (c) is removed.
    20. In Sec. 35.315, paragraph (a)(4) is revised to read as follows:


Sec. 35.315  Safety precautions.

    (a) * * *
    (4) Promptly after administration of the dosage, measure the dose 
rates in contiguous areas with a radiation measurement survey 
instrument to demonstrate compliance with the requirements of part 20 
of this chapter, and retain for 3 years a record of each survey that 
includes the time and date of the survey, a plan of the area or list of 
points surveyed, the measured dose rate at each point surveyed 
expressed in millirem per hour, the instrument used to make the survey, 
and the initials of the individual who made the survey.
* * * * *
    21. In Sec. 35.415, paragraph (a)(4) is revised to read as follows:


Sec. 35.415  Safety precautions.

    (a) * * *
    (4) Promptly after implanting the material, survey the dose rates 
in contiguous areas with a radiation measurement survey instrument to 
demonstrate compliance with the

[[Page 52394]]

requirements of part 20 of this chapter, and retain for 3 years a 
record of each survey that includes the time and date of the survey, a 
plan of the area or list of points surveyed, the measured dose rate at 
several of these points expressed in millirem per hour, the instrument 
used to make the survey, and the name of the individual who made the 
survey.
* * * * *
    22. In Sec. 35.641, paragraphs (a)(2)(i) and (a)(2)(ii) are revised 
to read as follows:


Sec. 35.641  Radiation surveys for teletherapy facilities.

    (a) * * *
    (2) * * *
    (i) Radiation dose rates in restricted areas are not likely to 
cause any occupationally exposed individual to receive a dose in excess 
of the limits specified in Sec. 20.1201 of this chapter; and
    (ii) Radiation dose rates in unrestricted areas are not likely to 
cause any individual member of the public to receive a dose in excess 
of the limits specified in Sec. 20.1301 of this chapter.
* * * * *
    23. In Sec. 35.643, paragraphs (a) introductory text and (a)(1) are 
revised to read as follows:


Sec. 35.643  Modification of teletherapy unit or room before beginning 
a treatment program.

    (a) If the survey required by Sec. 35.641 indicates that any 
individual member of the public is likely to receive a dose in excess 
of the limits specified in Sec. 20.1301 of this chapter, the licensee 
shall, before beginning the treatment program:
    (1) Either equip the unit with stops or add additional radiation 
shielding to ensure compliance with Sec. 20.1301 of this chapter.
* * * * *

PART 36--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS

    24. The authority citation for part 36 continues to read as 
follows:

    Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846).

    25. In Sec. 36.23, paragraph (g) is revised to read as follows:


Sec. 36.23  Access control.

* * * * *
    (g) Each entrance to the radiation room of a panoramic irradiator 
and each entrance to the area within the personnel access barrier of an 
underwater irradiator must be posted as required by Sec. 20.1902. 
Radiation postings for panoramic irradiators must comply with the 
posting requirements of Sec. 20.1902, except that signs may be removed, 
covered, or otherwise made inoperative when the sources are fully 
shielded.
* * * * *

PART 39--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL 
LOGGING

    26. The authority citation for part 39 continues to read as 
follows:

    Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 
188, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as 
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2073, 2077, 
2092, 2093, 2095, 2099, 2111, 2112, 2201, 2232, 2233, 2236, 2282); 
secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 
1246 (42 U.S.C. 5841, 5842, 5846).

    27. In Sec. 39.33, paragraph (a) is revised to read as follows:


Sec. 39.33  Radiation detection instruments.

    (a) The licensee shall keep a calibrated and operable radiation 
survey instrument capable of detecting beta and gamma radiation at each 
field station and temporary jobsite to make the radiation surveys 
required by this part and by part 20 of this chapter. To satisfy this 
requirement, the radiation survey instrument must be capable of 
measuring 0.1 mrem (0.001 mSv) per hour through at least 50 mrem (0.5 
mSv) per hour.
* * * * *


Sec. 39.71  [Amended]

    28. In Sec. 39.71, paragraph (b) is amended by removing the 
reference to ``Sec. 20.3'' and adding ``Sec. 20.1003.''

    Dated at Rockville, Maryland, this 5th day of September 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-25486 Filed 10-4-96; 8:45 am]
BILLING CODE 7590-01-P