[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Proposed Rules]
[Pages 42948-42949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21120]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 20

RIN 3150-AF44


Reporting Requirements for Unauthorized Use of Licensed 
Radioactive Material

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a 
notice of proposed rulemaking that was published in the Federal 
Register on January 31, 1996, regarding the intentional unauthorized 
use of licensed radioactive material by individuals. The majority of 
commenters stated that the costs of implementing the proposed rule 
would outweigh the benefits that might result from the rule. After 
reviewing these comments, the Commission has reconsidered the need for 
the proposed rule and is withdrawing it.

FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, 
D.C. 20555-0001, telephone (301) 415-6230, E-mail [email protected].

SUPPLEMENTARY INFORMATION: On January 31, 1996, the NRC published a 
proposed amendment to 10 CFR part 20, in the Federal Register (61 FR 
3334), that would have required licensees to report events involving 
intentional unauthorized use of licensed radioactive material to the 
NRC Operations Center within 24 hours of discovery.
    Eighty-six comment letters were received on the proposed rule: 12 
from power reactor licensees, 11 from industry representative groups, 8 
from Agreement States, 14 from Agreement State licensees, 30 from NRC 
material licensees, 10 from private citizens, and one from a public 
interest group. Eighty-two of the commenters opposed the proposed rule; 
four were in favor of the proposed rule. In addition, comments were 
received from the Advisory Committee on Medical Uses of Isotopes 
(ACMUI) at a meeting held on February 22, 1996.
    The commenters addressed the regulatory analysis, the severity 
level that would be assigned to violations for failure to report, and 
the backfit analysis as well as the proposed rule itself. Because the 
proposed rule is being withdrawn, only the comments received on the 
proposed rule itself are discussed here. All of the comments received 
on the rule are available for review in the NRC's Public Document Room.
    Comment: Forty commenters stated that the concept presented in this 
rule was not consistent with the ALARA principle. They also stated that 
the rule would require every event of contamination and exposure to be 
reported regardless of the level of contamination or exposure. Several 
commenters argued that using a reporting threshold that included any 
``allegedly intentional'' unauthorized use was too broad and would 
result in licensees spending more time and money than the 20 hours to 
evaluate an incident estimated in the proposed regulatory analysis for 
the proposed rule, and would detract from their ability to perform 
their other duties. They stated that this would place an undue burden 
on small licensees whose resources are already limited. Thirty-two 
commenters suggested that the requirement to report events where 
unauthorized use could not be ruled out within 48 hours be deleted. 
They stated that it was too vague, burdensome, and restrictive, and 
they would be forced to report every contamination to avoid a Severity 
Level III violation. Forty-nine commenters suggested that the NRC be 
more specific with respect to the type of events to be reported. 
Thirty-six commenters suggested that the proposed rule be withdrawn. 
They stated that basing a rulemaking on only two incidents was not 
justified. Of this group, 26 commenters stated that regulations already 
exist to cover such incidents, such as 10 CFR 30.10, Deliberate 
misconduct, 10 CFR 20.2201, Reports of theft or loss of licensed 
material, 10 CFR 20.2202, Notification of incidents, and 10 CFR 
30.50(a), Reporting requirements.
    Of the eight Agreement States that provided comments, all stated 
that the proposed rule should be withdrawn. One Agreement State 
commented that this rule may violate the intent of that State's 
Regulatory Reform Act of 1995 that requires the State's regulatory 
system not impose excessive, unreasonable, or unnecessary obligations.
    Four comments were received in favor of the proposed rule. One 
commenter supported the proposed rule without changes; the other three 
supported the intent of the proposed rule but suggested changes to 
further clarify the intent and to make the rule less burdensome. As 
discussed below, the Commission recognizes that regulations already 
exist requiring reporting of events when certain established dose 
thresholds have been reached. The Commission believes that a 
requirement to report events below these established thresholds would 
not provide any additional protection and the cost would not be 
justified.
    Response: The Commission examined the comments received on the 
proposed rule, and concluded that a sufficient basis does not exist to 
promulgate a rule at this time. The Commission recognizes that 
regulations already exist requiring reporting of events when certain 
dose thresholds have been reached. The established thresholds in these 
existing requirements capture any event where the occupational dose 
limits have been exceeded. Therefore, any additional protection 
achieved from reporting events below the established thresholds would 
be low and the costs of both the reporting by licensees and the 
subsequent follow-up actions by the NRC staff would not be justified. 
For the above reasons, the Commission is withdrawing the proposed rule.

    Dated at Rockville, Maryland, this 4th day of August, 1997.


[[Page 42949]]


    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-21120 Filed 8-8-97; 8:45 am]
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