[Federal Register Volume 67, Number 246 (Monday, December 23, 2002)]
[Notices]
[Pages 78261-78262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32246]


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NUCLEAR REGULATORY COMMISSION

[License Number 37-00118-07]


Issuance of Environmental Assessment and Finding of No 
Significant Impact: Exemption

    The U.S. Nuclear Regulatory Commission (NRC) is authorizing the 
University of Pennsylvania an exemption from 10 CFR 20.1301 to allow 
adults providing care to minors undergoing medical treatment with 
byproduct material during confinement to receive a dose up to 2 rems 
(0.02 Sievert (Sv) or 20 millisievert (mSv)) in a year.

Environmental Assessment

Identification of the Proposed Action

    The University of Pennsylvania is licensed by the NRC for the 
medical use of byproduct material. This licensee has requested, in 
letters dated March 15, 2002, and April 11, 2002, that the NRC grant it 
an exemption to allow adults providing care to minors undergoing 
medical treatment with byproduct material during confinement to receive 
a dose up to 2 rems (0.02 Sv) in a year. 10 CFR 20.1301(a)(1) requires 
licensees to conduct operations so that the total effective dose 
equivalent to individual members of public does not exceed 0.1 rem (1 
mSv) in a year. Notwithstanding this provision, a licensee may permit 
higher doses to visitors when visiting an individual who cannot be 
released from the hospital in accordance with 10 CFR 35.75. The 
regulations in 10 CFR 20.1301(c) permit licensees to allow visitors to 
receive an annual dose of up to 0.5 rem (5 mSv) provided the dose 
received does not exceed 0.5 rem (5 mSv) and the authorized user has 
determined before the visit that it is appropriate.
    The University of Pennsylvania (the University) requested this 
higher exposure for these adult caregivers for several reasons. The 
University indicated that, although these caregivers are not employees 
of the institutions covered by the license, they voluntarily provide 
essential assistance and support for a unique patient population. The 
adult caregivers not only provide comfort and company to the children, 
but also participate in many of the daily tasks for the children during 
their isolation. The physicians think that applying a lower dose limit 
to these caregivers could negatively impact patient treatment, overall 
patient outcome and could increase the risk to the patient. The 
licensee further stated that the presence of a familiar caregiver 
reassures and calms the anxious child. Therefore, restricting the 
access of these caregivers to the children during this time will 
increase the risk of the procedure for several reasons. Many small 
children become highly anxious and even combative if forced separation 
from these caregivers is mandated. This separation may require 
intravenous sedation, with the attendant risk of respiratory depression 
or other adverse effects. In its correspondence to NRC, the University 
will identify these caregivers and treat them as though they are 
radiation workers; they will receive the same training and monitoring 
as required of other radiation workers, including instructions in 
maintaining their doses as low as reasonably achievable. In addition, 
standard radiation protection practices of minimizing time, maximizing 
distance and use of shielding will be employed to the extent 
practicable.

Need for the Proposed Action

    The exemption is needed so that the University can provide optimum 
medical treatment and care to minor patients receiving treatment using

[[Page 78262]]

byproduct material. The higher allowed exposure limit to these adult 
caregivers for minor patients allows for a more positive overall 
outcome and lower risk to the patient.

Environmental Impacts of the Proposed Action

    There will be no significant environmental impact or undue hazard 
to life or property from the proposed action due to the fact that no 
material is being released into the environment and all of the 
operations involving the byproduct material will follow normal 
operating procedures followed prior to the request for the exemption.
    During operations, the radiation dose rates from the minor patient 
will not be different than occurs normally for the prescribed medical 
treatment. The doses to the adult caregiver could be higher than doses 
allowed for members of the public by 10 CFR 20.1301 as a result of the 
closer proximity to the minor patient necessary to allow participation 
in many of the daily tasks for the children during their isolation. The 
University indicated it will identify these caregivers and treat them 
as though they are radiation workers; they will receive the same 
training and monitoring as required of other radiation workers, 
including instructions in maintaining their doses as low as reasonably 
achievable. In addition, standard radiation protection practices of 
minimizing time, maximizing distance and use of shielding will be 
employed to the extent practicable.

Alternatives to the Proposed Action

    As required by section 102(2)(E) of NEPA (42 U.S.C. 4322(2)(E)), 
possible alternatives to the final action have been considered. The 
only alternative is to deny the exemption. This option would not 
produce a substantial gain in protecting the human environment. 
University employee caregivers would be proving the care that will be 
provided by the family adult caregiver. Allowing the family adult 
caregiver to perform some of the minor patient care tasks improves the 
outcome of the treatment.

Alternative Use of Resources

    No alternative use of resources was considered due to the reasons 
stated above.

Agencies and Persons Consulted

    NRC consulted the Commonwealth of Pennsylvania, Department of 
Environmental Protection, Bureau of Radiation Protection regarding this 
matter. The Commonwealth of Pennsylvania has no objection to NRC 
approval of the proposed exemption request or the conclusions of this 
environmental assessment.

Identification of Sources Used

    Letters from the University to NRC, Region I, dated March 15, 2002, 
and April 11, 2002.

Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements set forth in 10 CFR part 51. Based 
on the foregoing environmental assessment, the Commission finds that 
the proposed action of granting the exemption from 10 CFR 20.1301 will 
not significantly impact the quality of the human environment. 
Accordingly, the Commission has determined that an environmental impact 
statement for the proposed exemption is not warranted.
    Further Information: The request for an exemption was docketed 
under 10 CFR part 20, License Number 37-00118-07. For further details 
with respect to this action, see the exemption request letters dated 
March 15, 2002, and April 11, 2002. The NRC maintains an Agencywide 
Documents Access and Management System (ADAMS) which provides text and 
image files of NRC's public documents. These documents may be accessed 
through the NRC Public Electronic Reading Room on the Internet at 
http://nrc.gov/NRC/ADAMS/index.html. If you do not have access to ADAMS 
or if there are problems in accessing documents located in ADAMS, 
contact the NRC Public Document Room Reference staff at 1-800-397-4209, 
(301) 415-4737, or by e-mail to [email protected].

    Dated in Rockville, Maryland, this 12th day of December, 2002.

    For the Nuclear Regulatory Commission.
Thomas H. Essig,
Chief, Material Safety and Inspection Branch, Division of Industrial 
and Medical Nuclear Safety, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 02-32246 Filed 12-20-02; 8:45 am]
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