[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Proposed Rules]
[Pages 15395-15396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05296]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / 
Proposed Rules  

[[Page 15395]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 34, 36, and 39

[NRC-2019-0031]
RIN 3150-AK29


Individual Monitoring Devices

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to authorize the use of modern individual 
monitoring devices in industrial radiographic, irradiator, and well 
logging operations. The proposed amendments would align personnel 
dosimetry requirements in these areas with the requirements for all 
other NRC licensees. This proposed rule addresses an issue raised in a 
petition for rulemaking and would affect NRC and Agreement State 
licensees. The NRC also is issuing supplemental guidance for use and 
comment.

DATES: Submit comments by April 17, 2020. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0031. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Anthony McMurtray, telephone: 301-415-
2746; email: [email protected]; or Edward Lohr, telephone: 301-
415-0253; email: [email protected]. Both are staff of the Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Paperwork Reduction Act

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2019-0031 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0031.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2019-0031 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

    Because the NRC considers this action to be non-controversial, the 
NRC is publishing this proposed rule concurrently with a direct final 
rule in the Rules and Regulations section of this issue of the Federal 
Register. The direct final rule will become effective on June 16, 2020. 
However, if the NRC receives significant adverse comments by April 17, 
2020, then the NRC will publish a document that withdraws the direct 
final rule and the associated supplemental guidance. If the direct 
final rule is withdrawn, the NRC will address the comments if there is 
a subsequent final rule. Absent significant modifications to the 
proposed revisions requiring republication, the NRC will not initiate a 
second comment period on this action in the event the direct final rule 
is withdrawn.
    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

[[Page 15396]]

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 to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive 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.
    (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 NRC to make a change (other than 
editorial) to the rule.
    For procedural information and the regulatory analysis, see the 
direct final rule published in the Rules and Regulations section of 
this issue of the Federal Register.

III. Background

    The regulations in part 34 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Licenses for Industrial Radiography and 
Radiation Safety Requirements for Industrial Radiographic Operations''; 
10 CFR part 36, ``Licenses and Radiation Safety Requirements for 
Irradiators''; and 10 CFR part 39, ``Licenses and Radiation Safety 
Requirements for Well Logging,'' require the use of personnel dosimetry 
that is processed and evaluated by an accredited National Voluntary 
Laboratory Accreditation Program (NVLAP) processor. These regulations 
restrict the types of personnel dosimeters that can be used and 
prohibit the use of newer dosimetry technologies that do not require 
processing by an accredited NVLAP facility.
    On July 14, 2016, the NRC received a petition for rulemaking (PRM) 
from the American Society for Nondestructive Testing and the 
Nondestructive Testing Management Association (the petitioners) (ADAMS 
Accession No. ML16228A045). The petition was docketed by the NRC on 
August 12, 2016, and assigned Docket No. PRM-34-7. The NRC published a 
notice of docketing of PRM-34-7 in the Federal Register (81 FR 78732) 
on November 9, 2016. The petitioners requested that the NRC amend its 
regulations and associated guidance to authorize the use of improved 
individual monitoring devices for industrial radiographic personnel. 
Specifically, the petitioners requested that the NRC amend its 
regulations to authorize the use of digital output personnel dosimeters 
to satisfy the personnel dosimetry requirements in Sec.  34.47(a). The 
petitioners interchangeably used the terms ``improved individual 
monitoring devices,'' ``electronic personnel monitoring dosimeters,'' 
``electronic dosimeters,'' and ``digital personnel dosimeters'' to 
describe digital output personnel dosimetry. In this proposed rule, the 
NRC uses the term ``digital output personnel dosimetry'' in place of 
these terms. A digital output personnel dosimeter is a specific type of 
personnel dosimetry that currently cannot be used to meet the 
requirements in 10 CFR parts 34, 36, and 39 to demonstrate compliance 
with the occupational dose limits in Sec.  20.1201. The NRC published a 
notice of docketing of PRM-34-7 in the Federal Register (81 FR 78732) 
on November 9, 2016.
    On February 11, 2019, the NRC published a document in the Federal 
Register (84 FR 3116) informing the public that it would consider PRM-
34-7 in the rulemaking process. In the Federal Register notice, the NRC 
accepted the petitioners' request that the NRC amend its regulations to 
authorize the use of digital output personnel dosimeters for industrial 
radiographic personnel and expanded the scope of the rulemaking to 
include the use of digital output personnel dosimeters in irradiator 
and well logging operations.

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner. 
The NRC has written this document to be consistent with the Plain 
Writing Act as well as the Presidential Memorandum, ``Plain Language in 
Government Writing,'' published June 10, 1998 (63 FR 31885). The NRC 
requests comment on the proposed rule with respect to clarity and 
effectiveness of the language used.

V. Paperwork Reduction Act

    This proposed rule does not contain any new or amended collections 
of information subject to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). Existing collections of information were approved 
by the Office of Management and Budget, approval numbers 3150-0007, 
3150-0130, and 3150-0158.

Public Protection Notification

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

List of Subjects

10 CFR Part 34

    Criminal penalties, Manpower training programs, Occupational safety 
and health, Packaging and containers, Penalties, Radiation protection, 
Radiography, Reporting and recordkeeping requirements, Scientific 
equipment, Security measures, X-rays.

10 CFR Part 36

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

10 CFR Part 39

    Byproduct material, Criminal penalties, Labeling, Nuclear energy, 
Nuclear material, Occupational safety and health, Oil and gas 
exploration--well logging, Penalties, Radiation protection, Reporting 
and recordkeeping requirements, Scientific equipment, Security 
measures, Source material, Special nuclear material.

    Dated at Rockville, Maryland, this 3rd day of March, 2020.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-05296 Filed 3-17-20; 8:45 am]
 BILLING CODE 7590-01-P