[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Rules and Regulations]
[Pages 63750-63752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26988]



[[Page 63749]]

-----------------------------------------------------------------------

Part IV





Nuclear Regulatory Commission





-----------------------------------------------------------------------



10 CFR Parts 34, 36, and 39



New Dosimetry Technology; Final Rule and Proposed Rule

  Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / 
Rules and Regulations  

[[Page 63750]]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 34, 36, and 39

RIN 3150-AG21


New Dosimetry Technology

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations that govern radiological safety to allow licensees to use 
any type of personnel dosimeter that requires processing to determine 
the radiation dose, provided that the processor of the dosimeter is 
accredited to process this type of dosimeter under the National 
Voluntary Laboratory Accreditation Program (NVLAP), operated by the 
National Institute of Standards and Technology (NIST).

DATES: The final rule is effective January 8, 2001 unless significant 
adverse comments are received by November 24, 2000. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Mail comments to Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff.
    Hand deliver comments to 11555 Rockville Pike, Maryland, between 
7.30 am and 4.15 p.m. on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
website (http://ruleforum.llnl.gov). This site provides the capability 
to upload comments as files (any format), if your web browser supports 
that function. For information about the interactive rulemaking site, 
contact Ms. Carol Gallagher, (301) 415-5905, e-mail [email protected].
    For more information, contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Betty Ann Torres, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone, (301) 415-0191, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    NRC regulations at 10 CFR Part 20, Subpart F--Surveys and 
Monitoring, Sec. 20.1501 (c) ``General'' specify that whole body 
personnel dosimeters that require processing to determine the radiation 
dose must be processed and evaluated by a processor holding current 
personnel dosimetry accreditation under the NVLAP. In addition, the 
dosimetry processor must be approved in this accreditation process for 
the types of radiation that most closely approximate the types of 
radiation for which the individual wearing the dosimeter is monitored.
    Although there is no specification in Sec. 20.1501, ``General'' on 
the type of NVLAP accredited dosimeters that are acceptable, other 
parts of the NRC regulations, namely Part 34, ``Licenses for Industrial 
Radiography and Radiation Safety Requirements for Industrial 
Radiographic Operations;'' Part 36, ``Licenses and Radiation Safety 
Requirements for Irradiators;'' and Part 39, `` Licenses and Radiation 
Safety Requirements for Well Logging'' specify the use of either a film 
badge or a thermoluminescent dosimeter (TLD). At the time that these 
rules were adopted, film badges and TLDs were the only available 
dosimeters that required processing to determine the radiation dose.

Discussion

    Modern developments in personnel dosimetry have produced dosimeters 
that have higher sensitivities to radiation than either film badges or 
TLDs, and require processing to determine the radiation dose. For 
example, the Optically Stimulated Luminescent Dosimeter involves the 
use of optical lasers for processing, unlike the processing for a film 
badge that requires photographic development or the TLD that is 
processed using heat. New dosimeter technologies and other processing 
techniques are likely to appear in the near future. Therefore, the 
specific references to film badges or TLDs in 10 CFR 34.47, ``Personnel 
Monitoring;'' Sec. 36.55, ``Personnel Monitoring;'' and Sec. 39.65, 
``Personnel Monitoring'' should be removed to allow the use of 
dosimeters that require alternative processing techniques. This rule is 
intended to remove the specific requirements and to allow the use of 
any dosimeter that requires processing to determine the radiation dose, 
provided that the processor of the dosimeter holds appropriate NVLAP 
accreditation.

Discussion of Amendments by Section

Section 34.47  Personnel Monitoring

    This section is amended to delete the limitation to the use of film 
badges and TLDs and to allow the use of any personnel dosimeter that 
requires processing to determine the radiation dose, provided that the 
processor of the dosimeter holds appropriate NVLAP accreditation. The 
replacement of dosimeters specified in this section is also revised to 
conform to the language used in paragraph (a) of this section.

Section 34.83  Records of Personnel Monitoring Procedures

    In paragraphs (c) and (d), the existing requirement to retain 
exposure records of lost or damaged film badges or TLDs until license 
termination is modified to use conforming terminology of ``personnel 
dosimeter'' in place of ``film badges or TLDs'.

Section 36.55  Personnel Monitoring

    This section is amended to allow irradiator operators to wear any 
personnel dosimeter requiring processing to determine radiation dose, 
provided that the dosimeter is processed and evaluated by an accredited 
NVLAP processor. Processing intervals specified in this paragraph are 
also revised to incorporate conforming language.

Section 36.81  Records and Retention Periods

    This section is modified to use conforming terminology of 
``personnel dosimeter'' in place of ``film badges and TLDs''.

Section 39.65  Personnel Monitoring

    This section is revised to remove the limitation to the use of film 
badges and TLDs, and to permit the use of a personnel dosimeter that is 
processed by an accredited NVLAP processor. The frequency of processing 
dosimeters specified in this paragraph and the record retention 
requirement are revised to incorporate conforming language.

Procedural Background

    Because NRC considers this action to be noncontroversial and 
routine, the NRC is using the direct final rule procedure for this 
rule. This action will become effective January 8, 2001. However, if 
the NRC receives significant adverse comments on the associated 
proposed rule published concurrently in the proposed rules section of 
this Federal Register, by November 24, 2000, then the NRC will publish 
a document that withdraws this action and will address the comments 
received in response to the proposed amendments. These comments will be 
addressed in a subsequent final rule. Absent significant modifications 
to the proposed changes requiring republication, the NRC will not 
initiate a second comment period on this action.

[[Page 63751]]

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997, (62 FR 
46517), this direct final rule will be a matter of compatibility 
between the NRC and the Agreement States, thereby providing consistency 
among Agreement State and NRC requirements. A Compatibility Category 
``C'' designation means an NRC program element, the essential 
objectives of which Agreement States should adopt to avoid conflicts, 
duplication, or gaps in the regulation of agreement material on a 
nationwide basis and that, if not adopted, would result in an 
undesirable consequence. The manner in which the essential objectives 
are addressed need not be the same as NRC provided the essential 
objectives are met. A Compatibility Category ``D'' designation means an 
NRC program element which does not need to be adopted by Agreement 
States for purposes of compatibility.
    The revisions to Sec. 34.47 and Sec. 34.83 are classified as 
Category C, and the revisions to Sec. 36.55 and Sec. 36.81 are 
classified as Category D. The revisions to Sec. 39.65 are classifed as 
Category C for paragraph (a) and Category D for paragraph (c). Although 
these sections are subject to varying degrees of compatibility with 
regard to the Agreement States, this direct final rule is not expected 
to affect the compatibility of the Agreement State regulations.

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled, ``Plain 
Language in Government Writing'' directed that the Government's writing 
be in plain language. The NRC requests comments on this direct final 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent to the address listed under the 
heading ADDRESSES above.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995, (Pub. L. 104-113), 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this direct final rule, the NRC would revise 10 CFR 
34.47, 10 CFR 36.55, and 10 CFR 39.65 to allow the use of any dosimeter 
that requires processing to determine the radiation dose, provided that 
the processor of the dosimeter holds appropriate NVLAP accreditation. 
This action does not constitute the establishment of a standard that 
establishes generally-applicable requirements.

Environmental Impact: Categorical Exclusion

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

Paperwork Reduction Act Statement

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
approved by the Office of Management and Budget, Approval Number 3150-
0007 for 10 CFR Part 34, Approval Number 3150-0158 for 10 CFR Part 36, 
and Approval Number 3150-0130 for 10 CFR Part 39.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    A regulatory analysis has not been prepared for this direct final 
rule because this rule is considered a minor, nonsubstantive amendment 
that has no economic impact on NRC licensees or the public.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1966, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the NRC certifies that this rule will not, if promulgated, have 
a significant economic impact on a substantial number of small 
entities. This direct final rule simply amends present regulations to 
allow use of any dosimeter that requires processing to determine the 
radiation dose, provided that the processor of the dosimeter holds 
appropriate NVLAP accreditation. The use of this new technology is 
optional and will have no significant impact on small entities because 
use of the new technology is optional and no changes are being made to 
affect the use of the technology currently available.

Backfit Analysis

    The NRC has determined that the backfit rules (10 CFR 50.109, 
72.62, or 76.76) do not apply to this direct final rule because these 
amendments do not involve any provisions that would impose backfits as 
defined. Therefore a backfit analysis is not required.

List of Subjects

10 CFR Part 34

    Criminal penalties, Packaging and containers, Radiation protection, 
Radiography, Reporting and recordkeeping requirements, Scientific 
equipment, Security measures.

10 CFR Part 36

    Byproduct material, Criminal penalties, Nuclear materials, 
Reporting and recordkeeping requirements, Scientific equipment, 
Security measures.

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.


    For 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. 553; the NRC is adopting the following 
amendments to 10 CFR Parts 34, 36, and 39.

PART 34--LICENSES FOR RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS 
FOR RADIOGRAPHIC OPERATIONS

    1. The authority citation for Part 34 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). Section 34.45 also issued under 
sec. 206. as Stat. 1246 (42 U.S.C. 5846).


    2. In Sec. 34.47, the introductory text of paragraph (a), and 
paragraphs (a)(2), (a)(3), (a)(4), (d), (e), and (f) are revised to 
read as follows:


Sec. 34.47  Personnel monitoring.

    (a) The licensee may not permit any individual to act as a 
radiographer or a

[[Page 63752]]

radiographer's assistant unless, at all times during radiographic 
operations, each individual wears, on the trunk of the body, a direct 
reading dosimeter, an operating alarm ratemeter, and a personnel 
dosimeter that is processed and evaluated by an accredited National 
Voluntary Laboratory Accreditation Program (NVLAP) processor. At 
permanent radiography installations where other appropriate alarming or 
warning devices are in routine use, the wearing of an alarming 
ratemeter is not required.
* * * * *
    (2) Each personnel dosimeter must be assigned to and worn only by 
one individual.
    (3) Film badges must be replaced at periods not to exceed one month 
and other personnel dosimeters processed and evaluated by an accredited 
NVLAP processor must be replaced at periods not to exceed three months.
    (4) After replacement, each personnel dosimeter must be processed 
as soon as possible.
* * * * *
    (d) If an individual's pocket chamber is found to be off-scale, or 
if his or her electronic personal dosimeter reads greater than 2 
millisieverts (200 millirems), and the possibility of radiation 
exposure cannot be ruled out as the cause, the individual's personnel 
dosimeter must be sent for processing within 24 hours. In addition, the 
individual may not resume work associated with licensed material use 
until a determination of the individual's radiation exposure has been 
made. This determination must be made by the RSO or the RSO's designee. 
The results of this determination must be included in the records 
maintained in accordance with Sec. 34.83.
    (e) If the personnel dosimeter that is required by paragraph (a) of 
this section is lost or damaged, the worker shall cease work 
immediately until a replacement personnel dosimeter meeting the 
requirements in paragraph (a) is provided and the exposure is 
calculated for the time period from issuance to loss or damage of the 
personnel dosimeter. The results of the calculated exposure and the 
time period for which the personnel dosimeter was lost or damaged must 
be included in the records maintained in accordance with Sec. 34.83.
    (f) Dosimetry reports received from the accredited NVLAP personnel 
dosimeter processor must be retained in accordance with Sec. 34.83.
* * * * *

    3. In Sec. 34.83, paragraphs (c) and (d) are revised to read as 
follows:


Sec. 34.83  Records of personnel monitoring procedures

* * * * *
    (c) Personnel dosimeter results received from the accredited NVLAP 
processor until the Commission terminates the license.
    (d) Records of estimates of exposures as a result of: off-scale 
personal direct reading dosimeters, or lost or damaged personnel 
dosimeters until the Commission terminates the license.

PART 36--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS

    4. 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, 2282); secs. 201, as amended, 
202, 206, 88 Stat.1242, as amended 1244, 1246 (42 U.S.C. 5841, 5842, 
5846).

    5. In Sec. 36.55, paragraph (a) is revised to read as follows:


Sec. 36.55  Personnel monitoring.

    (a) Irradiator operators shall wear a personnel dosimeter that is 
processed and evaluated by an accredited National Voluntary Laboratory 
Accreditation Program (NVLAP) processor while operating a panoramic 
irradiator or while in the area around the pool of an underwater 
irradiator. The personnel dosimeter processor must be accredited for 
high energy photons in the normal and accident dose ranges (see 10 CFR 
20.1501(c)). Each personnel dosimeter must be assigned to and worn by 
only one individual. Film badges must be processed at least monthly, 
and other personnel dosimeters must be processed at least quarterly.
* * * * *
    6. In Sec. 36.81, paragraph (e) is revised to read as follows:


Sec. 36.81  Records and retention periods.

* * * * *
    (e) Evaluations of personnel dosimeters required by Sec. 36.55 
until the Commission terminates the license.
* * * * *

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

    7. The authority citation for Part 39 continues to read as follows:

    Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 
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).

    8. In Sec. 39.65, paragraphs (a) and (c) are revised to read as 
follows:


Sec. 39.65  Personnel monitoring.

    (a) The licensee may not permit an individual to act as a logging 
supervisor or logging assistant unless that person wears, at all times 
during the handling of licensed radioactive materials, a personnel 
dosimeter that is processed and evaluated by an accredited National 
Voluntary Laboratory Accreditation Program (NVLAP) processor. Each 
personnel dosimeter must be assigned to and worn by only one 
individual. Film badges must be replaced at least monthly and other 
personnel dosimeters replaced at least quarterly. After replacement, 
each personnel dosimeter must be promptly processed.
* * * * *
    (c)The licensee shall retain records of personnel dosimeters 
required by paragraph (a) of this section and bioassay results for 
inspection until the Commission authorizes disposition of the records.

    Dated at Rockville, Maryland, this 27th day of September, 2000.
    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 00-26988 Filed 10-23-00; 8:45 am]
BILLING CODE 7590-01-P