[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37512-37514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16983]



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DEPARTMENT OF ENERGY

10 CFR Part 835

[AU-RM-16-ORP]
RIN 1992-AA51


Occupational Radiation Protection

AGENCY: Office of Environment, Health, Safety and Security, U.S. 
Department of Energy.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (DOE) is publishing a final rule 
to amend values listed in two appendices to its current occupational 
radiation protection regulation. The amendment to appendix C corrects 
the air immersion derived air concentration value for any single 
radionuclide not listed in the appendix C table with a decay mode other 
than alpha emission or spontaneous fission and with radioactive half-
life less than two hours, adjusted for an 8-hr work day. The amendments 
to appendix E correct the activity information of two radionuclides, 
Rh-102 and Rh-102m.

DATES: This rule is effective September 11, 2017.

FOR FURTHER INFORMATION CONTACT: James Dillard, U.S. Department of 
Energy, Office of Environment, Health, Safety and Security, Mailstop 
AU-11, 1000 Independence Ave. SW., Washington, DC 20585. Telephone: 
301-903-1165. Email: [email protected].

SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Amendments
    A. Appendix C--Derived Air Concentration (DAC) for Workers From 
External Exposure During Immersion in a Cloud of Airborne 
Radioactive Material
    B. Appendix E--Values for Establishing Sealed Radioactive Source 
Accountability and Radioactive Material Posting and Labeling 
Requirements
III. Procedural Requirements
    A. Review Under Executive Orders 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 12988
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 13175
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under Executive Order 13211
    J. Review Under the Treasury and General Government 
Appropriations Act, 1999
    K. Review Under the Treasury and General Government 
Appropriations Act, 2001
    L. Congressional Notification
IV. Approval of the Office of the Secretary
Appendix to the Preamble--References

I. Background

    The requirements in title 10, Code of Federal Regulations, part 835 
(10 CFR part 835), Occupational Radiation Protection, are designed to 
protect the health and safety of individuals from ionizing radiation 
resulting from the conduct of U.S. Department of Energy (DOE) 
activities. One situation that DOE's regulations address is the 
exposure of workers to radioactive material dispersed in the air. Based 
on calculations involving doses to the organs of the body, levels of 
contamination in the air that will not cause the dose limits for 
workers to be exceeded are established for specified radionuclides. 
These values are provided in appendix C of part 835. On April 13, 2011, 
the Department published updated Derived Air Concentration (DAC) values 
in appendix C for determining radiation dose from inhaled radioactive 
material (76 FR 20489). The updated dose conversion factors were 
determined using International Commission on Radiological Protection 
(ICRP) Publication 68 (ref. 1) effective dose rates for an 8-hour 
exposure period, instead of the previously assumed 24-hour calendar day 
exposure, which is consistent with other occupational scenarios, such 
as those used in developing appendix A DACs. The values were then 
rounded down to the nearest power of 10. In that update, the DAC values 
for radionuclides not listed in the appendix C table with a decay mode 
other than alpha emission or spontaneous fission and with radioactive 
half-life less than two hours were inadvertently not revised for the 8 
hour work day exposure time. The amendment to appendix C provides the 
correct DAC values for this group of radioactive materials.
    Title 10 CFR part 835 appendix E values were developed to ensure 
the proper accountability of sealed radioactive sources, as well as 
radioactive material posting and labeling requirements (63 FR 59662, 
November 4, 1998). DOE most recently amended the values of appendix E 
to part 835 on June 8, 2007 (72 FR 31904), using the ICRP Publication 
60 methodology (ref. 1) and the same exposure scenarios discussed in a 
1998 amendment to 10 CFR part 835 (63 FR 59662, November 4, 1998). The 
values were based on the more limiting of the quantity of radioactive 
material which results in either an external or internal whole body 
dose, from either inhalation or ingestion, of 100 millirems. However, 
the final rule incorrectly listed values for two radionuclides. This 
amendment to appendix E provides the correct activity values for these 
two radionuclides (Rh-102 and Rh-102m), calculated from internal 
exposure scenario derived from ICRP Publication 119 (ref. 2).

II. Discussion of Amendments

    This section of the Supplementary Information responds to 
significant comments on the proposed amendments. All substantive 
changes from the notice of proposed rulemaking (NOPR) are explained in 
this section.
    DOE has determined that the requirements set forth in this final 
rule are those which, based on currently available data, are necessary 
to protect the health and safety of individuals from ionizing radiation 
resulting from the conduct of activities at DOE sites.
    A. Appendix C--Derived Air Concentration (DAC) for Workers From 
External Exposure During Immersion in a Cloud of Airborne Radioactive 
Material. The amendment provides a correction to the derived air 
concentration value for any single radionuclide not listed in the 
Appendix C table with a decay mode other than alpha emission or 
spontaneous fission and with radioactive half-life less than two hours 
to 1E-06 [mu]Ci/mL (7E+04 Bq/m\3\). DOE did not receive any comments on 
the proposed amendment to this appendix, which remains unchanged in the 
final rule.
    B. Appendix E--Values for Establishing Sealed Radioactive Source 
Accountability and Radioactive Material Posting and Labeling 
Requirements. The amendment corrects the activity for Rh-102 to 6.4E+05 
[mu]Ci and the activity from Rh-102m to 3.0E+05 [mu]Ci. DOE did not 
receive any comments on the proposed amendment to this appendix, which 
remains unchanged in the final rule.

III. Procedural Requirements

A. Review Under Executive Order 12866

    This regulatory action has been determined to be ``not 
significant'' under Executive Order 12866, ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Accordingly, this action was 
not subject to review under that Executive Order by the Office of 
Information and Regulatory Affairs (OIRA) of the Office of Management 
and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires that a Federal agency prepare an initial regulatory 
flexibility analysis for any

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regulation for which a general notice of proposed rulemaking is 
required, unless the agency certifies that the rule, if promulgated, 
will not have a significant economic impact on a substantial number of 
small entities (5 U.S.C. 605(b)).
    This rule updates DOE requirements for nuclear safety and 
occupational radiation protection at DOE sites. The requirements of 
part 835 are primarily implemented by contractors who conduct work at 
DOE facilities. DOE considered whether these contractors are ``small 
businesses'' as the term is defined in the Regulatory Flexibility Act 
(5 U.S.C. 601(3)). The Regulatory Flexibility Act's definition 
incorporates the definition of small business concerns in the Small 
Business Act, which the Small Business Administration (SBA) has 
developed through size standards in 13 CFR part 121. DOE expects that 
any potential economic impact of this rule would be negligible because 
DOE activities are conducted by contractors who are reimbursed through 
their contracts with DOE for the costs of complying with DOE nuclear 
safety and radiation protection requirements, including the costs of 
complying with the rule. For these reasons, DOE certifies that this 
rule, will not have a significant economic impact on a substantial 
number of small entities, and therefore, no regulatory flexibility 
analysis has been prepared. DOE's certification and supporting 
statement of factual basis will be provided to the Chief Counsel of 
Advocacy of the SBA pursuant to 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act

    This rule does not impose a collection of information requirement 
subject to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

D. Review Under the National Environmental Policy Act

    DOE has concluded that this rule falls into a class of actions that 
will not individually or cumulatively have a significant impact on the 
human environment, as determined by DOE's regulations implementing the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
Specifically, this rule amends existing regulations without changing 
the potential environmental effect of the regulations being amended, 
and, therefore, is covered under the Categorical Exclusion in paragraph 
A5 of appendix A to subpart D, 10 CFR part 1021. Accordingly, neither 
an environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform'' (61 FR 4729, February 7, 1996), imposes on 
Federal agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. Section 3(b)(2) of 
Executive Order 12988 specifically requires that Executive agencies 
make every reasonable effort to ensure that the regulation: (1) Clearly 
specifies the preemptive effect, if any, to be given to the regulation; 
(2) clearly specifies any effect on existing Federal law or regulation; 
(3) provides a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any, to be given to the regulation; (5) defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 3(b) to determine whether they are met or it 
is unreasonable to meet one or more of the standards. DOE has completed 
the required review and determined that, to the extent permitted by 
law, this final rule meets the relevant standards of Executive Order 
12988.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism'' (64 FR 43255, August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. Agencies are required to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and carefully assess 
the necessity for such actions. DOE has examined this rule and has 
determined that it will not preempt State law and will not have a 
substantial direct effect on the States, the relationship between the 
national government and the States, or the distribution of power and 
responsibilities among the various levels of government. No further 
action is required by Executive Order 13132.

G. Review Under Executive Order 13175

    Under Executive Order 13175 (65 FR 67249, November 6, 2000) on 
``Consultation and Coordination with Indian Tribal Governments,'' DOE 
may not issue a discretionary rule that has ``tribal'' implications and 
imposes substantial direct compliance costs on Indian tribal 
governments. DOE has determined that the proposed rule will not have 
such effects and concluded that Executive Order 13175 does not apply to 
this final rule.

H. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4), 2 U.S.C. 1531 et seq., requires each Federal agency to prepare a 
written assessment of the effects of any Federal mandate in a proposed 
or final agency regulation that may result in the expenditure by 
states, tribal, or local governments, on the aggregate, or by the 
private sector, of $100 million in any one year. The Act also requires 
a Federal agency to develop an effective process to permit timely input 
by elected officials of state, tribal, or local governments on a 
proposed ``significant intergovernmental mandate,'' and requires an 
agency plan for giving notice and opportunity to provide timely input 
to potentially affected small governments before establishing any 
requirements that might significantly or uniquely affect small 
governments. DOE has determined that the final rule published does not 
contain any Federal mandates affecting small governments, so these 
requirements do not apply.

I. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to the 
OMB a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented,

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and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. This regulatory 
action will not have a significant adverse effect on the supply, 
distribution, or use of energy and is therefore not a significant 
energy action. Accordingly, DOE has not prepared a Statement of Energy 
Effects.

J. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any proposed rule that may affect family 
well-being. The rule will not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

K. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB.
    OMB's guidelines were published at 67 FR 8452 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
DOE has reviewed this rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of this final rule prior to the effective date 
set forth at the outset of this notice. The report will state it has 
been determined that the rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Appendix--References

1. International Commission on Radiological Protection (ICRP), 1994. 
Dose Coefficients for Intakes of Radionuclides by Workers. ICRP 
Publication 68. Ann. ICRP 24 (4).
2. ICRP, 2012. Corrigenda to ICRP Publication 119: Compendium of 
Dose Coefficients based on ICRP Publication 60. Ann. ICRP 
41(suppl.).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 835

    Federal buildings and facilities, Nuclear energy, Nuclear 
materials, Nuclear power plants and reactors, Nuclear safety, 
Occupational safety and health, Radiation protection, and Reporting and 
recordkeeping requirements.

    Issued in Washington, DC, on July 31, 2017.
Andrew C. Lawrence,
Acting Associate Under Secretary for Environment, Health, Safety and 
Security.

    For the reasons set forth in the preamble, the Department of Energy 
amends part 835 of chapter III of title 10 of the Code of Federal 
Regulations as set forth below:

PART 835--OCCUPATIONAL RADIATION PROTECTION

0
1. The authority citation for part 835 continues to read as follows:

    Authority:  42 U.S.C. 2201, 7191, 50 U.S.C. 2410.

Appendix C to Part 835--[Amended]

0
2. In appendix C, the sentence following the table is amended by 
removing ``6 E-06 [mu]Ci/mL (2 E+04 Bq/m\3\)'' and adding in its place 
``1 E-06 [micro]Ci/mL (7 E+04 Bq/m\3\)''.

Appendix E to Part 835--[Amended]

0
3. In appendix E, the activity value is amended in the second column of 
the table for the following nuclides:
0
a. For Rh-102, remove the value of ``3.0E+05'' and add in its place 
``6.4E+05''; and
0
b. For Rh-102m, remove the value of ``6.4E+05'' and add in its place 
``3.0E+05''.

[FR Doc. 2017-16983 Filed 8-10-17; 8:45 am]
 BILLING CODE 6450-01-P