[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Rules and Regulations]
[Pages 20183-20186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10123]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 20
RIN 3150-AA38
Standards for Protection Against Radiation; Clarification
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule; clarification.
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SUMMARY: A final rule was published in the Federal Register on December
22, 1993 (58 FR 67657) that made a number [[Page 20184]] of conforming
amendments to the NRC's standards for protection against radiation.
References to the former 10 CFR Part 20 were removed from the revised
Part 20, and, in that process, certain requirements not intended to be
removed were inadvertently deleted. This final rule reinstates those
requirements to retain records generated under the previously existing
provisions of Part 20 which were intended to remain in effect.
EFFECTIVE DATE: April 25, 1995.
FOR FURTHER INFORMATION CONTACT: Mary L. Thomas or Jayne M. McCausland,
Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-6230 or 415-
6219, email [email protected] or [email protected]
SUPPLEMENTARY INFORMATION: On May 21, 1991 (56 FR 23360), the Nuclear
Regulatory Commission (NRC) published its revised standards for
protection against radiation (10 CFR 20.1001-20.2401 and the associated
appendices). The revised standards for protection against radiation
incorporated scientific information and reflected changes in the basic
philosophy of radiation protection that had occurred since the
promulgation of the original regulations. The revisions conformed the
Commission's regulations to the ``Presidential Radiation Protection
Guidance to Federal Agencies for Occupational Exposure'' and to
recommendations of national and international radiation protection
organizations. The revised standards for protection against radiation
became effective on June 20, 1991. However, NRC licensees were
permitted to defer the mandatory implementation of these regulations
until January 1, 1994.
On December 22, 1993 (58 FR 67657), the NRC published a final rule,
effective on January 1, 1994, that removed or modified a number of
provisions to reflect the effective date for NRC's revised standards
for radiation protection. It has been determined that several
requirements, scheduled for removal or modification by the December 22,
1993 rulemaking, should not have been removed or modified because they
have continuing effect beyond the January 1, 1994, effective date for
10 CFR Part 20. Accordingly, the current action restores those
requirements that were incorrectly modified or removed by the December
22, 1993, rulemaking.
Specifically, this action is necessary to clarify the Commission's
intent in 10 CFR Part 20 to require that licensees continue to retain
the following records until the Commission terminates the pertinent
license:
(1) Records of surveys which were required by the formerly
applicable Sec. 20.401(c)(2) (i), (ii), and (iii), such as records of
the results of surveys to determine the external radiation dose in the
absence of personnel monitoring data to ensure compliance with NRC
regulations concerning the concentrations of radioactive materials in
air (formerly applicable 10 CFR Part 20 Appendix B), and records of the
results of surveys used to evaluate the release of radioactive
effluents to the environment;
(2) Records used in the preparation of NRC Form 4, such as records
of the individual's occupational exposure from former employers which
were required by the formerly applicable Sec. 20.102(c)(2);
(3) Waste shipment manifests and documentation of acknowledgement
of receipt which were required by the formerly applicable
Secs. 20.311(d)(7), (e)(5), (f)(8), and (g)(2);
(4) Records of radiation monitoring which were required by the
formerly applicable Sec. 20.401(c)(1);
(5) Records of disposal into sanitary sewers, by land burial, and
other approved disposals which were required by the formerly applicable
Sec. 20.401(c)(3).
2. In addition, this action is necessary to correct the reference
to ``appendices A, B, C, D, or F to Secs. 20.1001-20.2401'' to read
``appendices B, C, D, or F to part 20'' in Sec. 20.1201 (d) and (e),
Sec. 20.1204(c)(3), (e)(i), and (h)(2), Sec. 20.1302 (b)(2)(i) and (c),
Sec. 20.1502(b)(1), Sec. 20.1703 (b)(1), (b)(2), and (d), Sec. 20.1704,
Sec. 20.1902(e), Sec. 20.1905 (a) and (b), Sec. 20.1906(d),
Sec. 20.2003 (a)(2) and (a)(3)(i), Sec. 20.2006 (a), (b), (c), and (d),
Sec. 20.2201 (a)(i), (a)(ii), and (b)(2)(ii), Sec. 20.2203(d), and
Sec. 20.2204.
3. To be consistent with the ALARA definition found in
Sec. 20.1003, the word ``practicable'' is changed to read ``practical''
in Secs. 20.1701, 20.1702, 20.1906(c), and Appendix F to Part 20.
4. Finally, in Appendix C to 10 CFR Part 20, Quantities of licensed
material requiring labeling, the quantity for Carbon-14 is corrected to
read ``100'' rather than ``1000.'' This change corrects a typographical
error.
These amendments are corrective in nature, restore provisions
inadvertently deleted in prior amendments, and correct reference and
typographical errors found in the aforementioned sections of the
revised 10 CFR part 20 (December 22, 1993; 58 FR 67657). Because the
opportunity for public comment was previously provided for the changes
which formed the basis for the December 22, 1993, amendments (May 21,
1991; 56 FR 23360 and August 26, 1992; 57 FR 38588), and because the
proposed changes are minor corrective amendments, the NRC has
determined that good cause exists to dispense with the notice and
comment provisions of the Administrative Procedures Act (APA) pursuant
to 5 U.S.C. 553(b)(B). For the same reasons, the NRC has determined
that good cause exists to waive the 30-day deferred effective date
provisions of the APA (5 U.S.C. 553(d)).
Enforcement
During the interim period from January 1, 1994 to the present,
there has been no explicit requirement that licensees retain the five
categories of records addressed in this rule that were required under
the old Part 20. Therefore, a violation will not be cited in any case
in which a licensee discarded the records during this period. In the
case of a licensee that retained any of the five categories of records
but discards those records after the effective date of this rulemaking,
a violation may be cited in accordance with the NRC Enforcement Policy.
Environmental Impact: Categorical Exclusion
The NRC has determined that this rule is the type of action
described in categorical exclusion 51.22(c)(2). Therefore, neither an
environmental impact statement nor an environmental assessment has been
prepared for this final rule.
Paperwork Reduction Act Statement
This final rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, approval number 3150-0014.
Regulatory Analysis
This final rule is administrative in that it reinstates provisions
inadvertently removed from the text of an existing regulation and
corrects errors found in the revised 10 CFR Part 20. These amendments
will not have a significant impact. Therefore, the NRC has not prepared
a separate regulatory analysis for this final rule. The final
regulatory analysis for the May 21, 1991, final rule examined the costs
and benefits of the alternatives considered by the Commission in
developing the revised standards for protection against radiation and
is available for inspection [[Page 20185]] in the NRC Public Document
Room, 2120 L Street NW (Lower Level), Washington, DC 20037.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this final rule and, therefore, that a backfit analysis is
not required for this final rule because these amendments do not
involve any provision that would impose backfits as defined in 10 CFR
50.109(a)(1).
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, Special nuclear material, Source 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 amendments 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 (2 U.S.C.
2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
Sec. 20.1201 [Amended]
2. In Sec. 20.1201, paragraphs (d) and (e) are amended by
correcting the reference to ``Appendix B to Secs. 20.1001-20.2401'' to
read ``Appendix B to Part 20.''
Sec. 20.1203 [Amended]
3. Section 20.1203 is amended by correcting the reference to
``Appendix B to Secs. 20.1001-20.2401'' to read ``Appendix B to Part
20.''
Sec. 20.1204 [Amended]
4. In Sec. 20.1204, paragraphs (c)(3), (e)(1), and (h)(2) are
amended by correcting the reference to ``Appendix B to Secs. 20.1001-
20.2401'' to read ``Appendix B to Part 20.''
Sec. 20.1302 [Amended]
5. In Sec. 20.1302, paragraphs (b)(2)(i) and (c) are amended by
correcting the reference to ``Appendix B to Secs. 20.1001-20.2401'' to
read ``Appendix B to Part 20.''
Sec. 20.1502 [Amended]
6. In Sec. 20.1502, paragraph (b)(1) is amended by correcting the
reference to ``Appendix B to Secs. 20.1001-20.2401'' to read ``Appendix
B to Part 20.''
Sec. 20.1701 [Amended]
7. Section 20.1701 is amended by deleting the word ``practicable''
and replacing it with the word ``practical.''
Sec. 20.1702 [Amended]
8. Section 20.1702 is amended by deleting the word ``practicable''
and replacing it with the word ``practical.''
9. In Sec. 20.1703, paragraph (b)(1), the introductory text of
paragraph (b)(2), and paragraph (d) are revised to read as follows:
Sec. 20.1703 Use of individual respiratory protection equipment.
* * * * *
(b) * * *
(1) The licensee selects respiratory protection equipment that
provides a protection factor (see Appendix A, Part 20) greater than the
multiple by which peak concentrations of airborne radioactive materials
in the working area are expected to exceed the values specified in
Appendix B to Part 20, Table 1, column 3. If the selection of a
respiratory protection device with a protection factor greater than the
multiple defined in the preceding sentence is inconsistent with the
goal specified in Sec. 20.1702 of keeping the total effective dose
equivalent ALARA, the licensee may select respiratory protection
equipment with a lower protection factor only if such a selection would
result in keeping the total effective dose equivalent ALARA. The
concentration of radioactive material in the air that is inhaled when
respirators are worn may be initially estimated by dividing the average
concentration in air, during each period of uninterrupted use, by the
protection factor. If the exposure is later found to be greater than
estimated, the corrected value must be used; if the exposure is later
found to be less than estimated, the corrected value may be used.
(2) The licensee shall obtain authorization from the Commission
before assigning respiratory protection factors in excess of those
specified in Appendix A to Part 20. The Commission may authorize a
licensee to use higher protection factors on receipt of an application
that--
* * * * *
(d) The licensee shall notify, in writing, the Regional
Administrator of the appropriate NRC Regional Office listed in Appendix
D to Part 20 at least 30 days before the date that respiratory
protection equipment is first used under the provisions of either
Sec. 20.1703 (a) or (b).
Sec. 20.1704 [Amended]
10. The introductory paragraph of Sec. 20.1704 is amended by
correcting the reference to ``Appendix A to Secs. 20.1001-20.2401'' to
read ``Appendix A to Part 20.''
Sec. 20.1902 [Amended]
11. In Sec. 20.1902, paragraph (e) is amended by correcting the
reference to ``Appendix C to Secs. 20.1001-20.2401'' to read ``Appendix
C to Part 20.''
Sec. 20.1905 [Amended]
12. In Sec. 20.1905, paragraph (a) is amended by correcting the
reference to ``Appendix C to Secs. 20.1001-20.2401'' to read ``Appendix
C to Part 20'' and paragraph (b) is amended by correcting the reference
to ``Appendix B to Secs. 20.1001-20.2401'' to read ``Appendix B to Part
20.''
Sec. 20.1906 [Amended]
13. In Sec. 20.1906, paragraph (c) is amended by deleting the word
``practicable'' and replacing it with the word ``practical,'' and the
introductory text of paragraph (d) is amended by correcting the
reference to ``Appendix D to Secs. 20.1001-20.2401'' to read ``Appendix
D to Part 20.''
Sec. 20.2003 [Amended]
14. In Sec. 20.2003, paragraphs (a)(2) and (a)(3)(i) are amended by
correcting the reference to ``Appendix B to Secs. 20.1001-20.2401'' to
read ``Appendix B to Part 20.''
Sec. 20.2006 [Amended]
15. In Sec. 20.2006, paragraphs (a), (b), (c), and (d) are amended
by correcting the reference to ``Appendix F to Secs. 20.1001-20.2401''
to read ``Appendix F to Part 20.''
16. In Sec. 20.2103, paragraphs (b)(1), (b)(2), (b)(3), and (b)(4)
are revised to read as follows:
Sec. 20.2103 Records of surveys.
* * * * *
(b) * * *
(1) Records of the results of surveys to determine the dose from
external sources and used, in the absence of or in combination with
individual monitoring data, in the assessment of individual dose
equivalents. This includes those records of results of surveys to
determine the dose from external sources and used, in the absence of or
in combination with individual monitoring data, in the assessment of
individual dose equivalents required under the [[Page 20186]] standards
for protection against radiation in effect prior to January 1, 1994;
and
(2) Records of the results of measurements and calculations used to
determine individual intakes of radioactive material and used in the
assessment of internal dose. This includes those records of the results
of measurements and calculations used to determine individual intakes
of radioactive material and used in the assessment of internal dose
required under the standards for protection against radiation in effect
prior to January 1, 1994; and
(3) Records showing the results of air sampling, surveys, and
bioassays required pursuant to Sec. 20.1703(a)(3) (i) and (ii). This
includes those records showing the results of air sampling, surveys,
and bioassays required under the standards for protection against
radiation in effect prior to January 1, 1994; and
(4) Records of the results of measurements and calculations used to
evaluate the release of radioactive effluents to the environment. This
includes those records of the results of measurements and calculations
used to evaluate the release of radioactive effluents to the
environment required under the standards for protection against
radiation in effect prior to January 1, 1994.
17. In Sec. 20.2104, paragraph (f) is revised to read as follows:
Sec. 20.2104 Determination of prior occupational dose.
* * * * *
(f) The licensee shall retain the records on NRC Form 4 or
equivalent until the Commission terminates each pertinent license
requiring this record. The licensee shall retain records used in
preparing NRC Form 4 for 3 years after the record is made. This
includes records required under the standards for protection against
radiation in effect prior to January 1, 1994.
18. In Sec. 20.2106, paragraph (f) is revised to read as follows:
Sec. 20.2106 Records of individual monitoring results.
* * * * *
(f) The licensee shall retain the required form or record until the
Commission terminates each pertinent license requiring this record.
This includes records required under the standards for protection
against radiation in effect prior to January 1, 1994.
19. In Sec. 20.2108, paragraph (b) is revised to read as follows:
Sec. 20.2108 Records of waste disposal.
* * * * *
(b) The licensee shall retain the records required by paragraph (a)
of this section until the Commission terminates each pertinent license
requiring this record. This includes records required under the
standards for protection against radiation in effect prior to January
1, 1994.
Sec. 20.2201 [Amended]
20. In Sec. 20.2201, paragraphs (a)(1) (i) and (ii), are amended by
correcting the reference to ``Appendix C to Secs. 20.1001-20.2401'' to
read ``Appendix C to Part 20,'' and paragraph (b)(2)(ii) is amended by
correcting the reference to ``Appendix D to Secs. 20.1001-20.2401'' to
read ``Appendix D to Part 20.''
Sec. 20.2203 [Amended]
21. In Sec. 20.2203, paragraph (d) is amended by correcting the
reference to ``Appendix D to Secs. 20.1001-20.2401'' to read ``Appendix
D to Part 20.''
Sec. 20.2204 [Amended]
22. Section 20.2204 is amended by correcting the reference to
``Appendix D to Secs. 20.1001-20.2401'' to read ``Appendix D to Part
20.''
23. In Appendix C, the quantity for Carbon-14 is revised to read as
follows:
Appendix C to Part 20--Quantities of Licensed Material Requiring
Labeling
* * * * *
Appendix C to Part 20--Quantities of Licensed Material Requiring
Labeling
------------------------------------------------------------------------
Quantity
Radionuclide (Ci)
------------------------------------------------------------------------
Carbon-14................................................ 100
------------------------------------------------------------------------
* * * * *
Appendix F to part 20 [Amended]
24. In Appendix F, paragraph I, Manifest is amended by deleting the
word ``practicable'' and replacing it with the word ``practical,'' and
paragraphs III(A)(7), (B)(5), (C)(8), and (D)(2) are revised to read as
follows:
III. Control and Tracking
(A) * * *
(7) Retain a copy of the manifest and documentation of
acknowledgement of receipt as the record of transfer of licensed
material as required by parts 30, 40, and 70 of this chapter. This
includes those manifests and documents required under the standards for
protection against radiation in effect prior to January 1, 1994; and
* * * * *
(B) * * *
(5) Retain a copy of the manifest and documentation of
acknowledgement of receipt as the record of transfer of licensed
material as required by parts 30, 40, and 70 of this chapter, and
retain information from generator manifest until the license is
terminated. This includes those manifests and documents of
acknowledgement of receipt required under the standards for protection
against radiation in effect prior to January 1, 1994; and
* * * * *
(C) * * *
(8) Retain copies of original manifests and new manifests and
documentation of acknowledgement of receipt as the record of transfer
of licensed material as required by parts 30, 40, and 70 of this
chapter. This includes those manifests and documents of acknowledgement
of receipt required under the standards for protection against
radiation in effect prior to January 1, 1994; and
* * * * *
(D) * * *
(2) Maintain copies of all completed manifests or equivalent
documentation until the license is terminated. This includes those
manifests or equivalent documents required under the standards for
protection against radiation in effect prior to January 1, 1994; and
* * * * *
Dated at Rockville, Maryland, this 11th day of April 1995.
For the Nuclear Regulatory Commission.
James L. Milhoan,
Acting Executive Director for Operations.
[FR Doc. 95-10123 Filed 4-24-95; 8:45 am]
BILLING CODE 7590-01-P
