[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Rules and Regulations]
[Pages 14307-14309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7030]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 57 / Tuesday, March 25, 2003 / Rules 
and Regulations  

[[Page 14307]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 20

RIN 3150-AH07


Radiation Exposure Reports: Labeling Personal Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its filing 
requirements for written event reports submitted to the NRC concerning 
individuals occupationally overexposed to radiation and radioactive 
materials. Licensees will be required to clearly label any section of 
the event report containing personal information ``Privacy Act 
Information: Not for Public Disclosure.'' This action is necessary to 
ensure that personal information filed with the NRC is segregated from 
the event report and maintained in a separate, non-public document.

EFFECTIVE DATE: The final rule is effective June 9, 2003, unless 
significant adverse comments are received by April 24, 2003. A 
significant adverse comment is a comment where the commenter explains 
why the rule would be inappropriate, including challenges to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change. If the rule is withdrawn, timely notice will be 
published in the Federal Register.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, MD, between 
7:30 a.m. and 4:15 p.m. on Federal workdays.
    Certain documents related to this rulemaking, as well as all public 
comments received on this rulemaking, may be viewed and downloaded 
electronically via the NRC's rulemaking Web site at http://ruleforum.llnl.gov. You may also provide comments via this website by 
uploading 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].
    Certain documents related to this rule, including comments received 
by the NRC, may be examined at the NRC Public Document Room, Room O-
1F23, 11555 Rockville Pike, Rockville, MD. For more information, 
contact the NRC Public Document Room (PDR) Reference staff at 1-800-
397-4209, 301-415-4737 or by e-mail to [email protected].
    The NRC maintains an Agencywide Document Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. These documents may be accessed through the NRC's Public 
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Merri Horn, Rulemaking and Guidance 
Branch, Division of Industrial and Medical Nuclear Safety, Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, (301) 415-8126, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The NRC requires licensees to file written 
reports within 30 days after learning of any occupational exposure to 
radiation or radioactive materials that exceeds the constraints or 
limits set out in Sec. Sec.  20.2202 and 20.2203. These records contain 
personal information that is protected from public disclosure by the 
Privacy Act of 1974, Public Law 93-579, 5 U.S.C. 552a, and the 
Commission's regulations in 10 CFR part 9.
    Currently, each report is required to be prepared so that personal 
information such as an individual's name, social security number, and 
date of birth is contained in a separate and detachable part of the 
report. However, the regulations do not require that the report be 
marked in any way to indicate the information should be protected as 
privacy information. The intent of the separate report was to keep the 
sensitive personal information out of the publically accessible 
environment. Documents received by the NRC are placed directly into the 
Agency-Wide Documents Access and Management System (ADAMS) unless they 
are marked as sensitive or controlled. In order for the Agency's 
document control personnel to properly process this section of the 
report as a non-public document, licensees will be required to clearly 
label this section with the following notation: ``Privacy Act 
Information: Not for Public Disclosure.'' This labeling will ensure 
that personal information filed with exposure event reports will not be 
accessible by the public through the NRC's document control system, 
ADAMS.

Procedural Background

    Because this amendment involves only a minor amendment to existing 
regulations and it is not expected to be controversial, the NRC is 
using the direct final rule process for this rule. The amendments to 
the rule will become effective on June 9, 2003. However, if the NRC 
receives significant adverse comments on this direct final rule by 
April 24, 2003, then the NRC will publish a document that withdraws 
this action and will subsequently address the comments received in a 
final rule as a response to the companion proposed rule published 
elsewhere in this Federal Register. Absent significant modifications to 
the proposed revisions requiring republication, the NRC will not 
initiate a second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive

[[Page 14308]]

response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the staff to make a change (other than 
editorial) to the rule.

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 is classified as compatibility ``C.'' 
Category C means the provisions affect a program element, the essential 
objectives of which should be adopted by the State to avoid conflicts, 
duplications, or gaps in the national program. The manner in which the 
essential objectives are addressed need not be the same as NRC, 
provided the essential objectives are met. This amendment is not 
expected to impact existing Agreement States regulations. The content 
of the event report is not being changed by this rule and each State 
has its own method for protecting privacy information.

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 is adding a labeling 
requirement to protect privacy information. This action does not 
constitute the establishment of a standard that establishes generally 
applicable requirements.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this direct final rule is the type of 
action described in categorical exclusion 10 CFR 51.22(c)(3)(iii). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This direct final rule does not contain new or amended information 
collection requirements 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 3150-0014.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    A regulatory analysis has not been prepared for this regulation. 
The rule imposes an insignificant regulatory burden on licensees by 
requiring that privacy information contained in event reports be 
labeled. The information is already required to be in a separate, 
detachable section of the event report. The labeling will ensure that 
personal information filed with exposure event reports will not be 
inadvertently released to the public through ADAMS. Many licensees 
already label the privacy information.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the NRC certifies that this rule does not have a significant 
economic impact on a substantial number of small entities. This rule is 
necessary to reflect the nuclear non-proliferation policies of the 
Executive branch and U.S. Government obligations under nuclear 
agreements for cooperation. This rule will only affect licensees when 
filing Radiation Exposure Reports for occupationally overexposed 
individuals. Affected licensees will be required to label the portion 
of the report containing personal information to indicate that such 
information should not be made available to the public. This final rule 
has a minimal impact on licensee filing procedures and imposes no 
additional economic burden on affected licensees.

Backfit Analysis

    The NRC has determined that the backfit rule as defined in 10 CFR 
Chapter I does not apply to reporting requirements such as those 
reporting requirements contained in this final rule. Since this final 
rule does not involve any provisions that would impose backfits as 
defined in the backfit rule, a backfit analysis is not required.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, 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 of OMB.

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, Source material, Special nuclear 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 amendment 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, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 
2134, 2201, 2232, 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.  20.2203, paragraph (b)(2) is revised to read as 
follows:


Sec.  20.2203  Reports of exposures, radiation levels, and 
concentrations of radioactive material exceeding the constraints or 
limits.

* * * * *
    (b) * * *
    (2) Each report filed pursuant to paragraph (a) of this section 
must include for each occupationally overexposed \1\ individual: the 
name, Social Security account number, and

[[Page 14309]]

date of birth. The report must be prepared so that this information is 
stated in a separate and detachable part of the report and must be 
clearly labeled ``Privacy Act Information: Not for Public Disclosure.''
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    \1\ With respect to the limit for the embryo/fetus (Sec.  
20.1208), the identifiers should be those of the declared pregnant 
woman.
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* * * * *

    Dated at Rockville, Maryland, this 11th day of March, 2003.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-7030 Filed 3-24-03; 8:45 am]
BILLING CODE 7590-01-P