99-1196. Requirements Concerning the Accessible Air Gap for Generally Licensed Devices

[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Proposed Rules]
[Page 3052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1196]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 31 and 32

RIN 3150-AD82


Requirements Concerning the Accessible Air Gap for Generally 
Licensed Devices

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a 
proposed rulemaking that would have amended the Commission's 
regulations to provide additional regulatory control over certain 
measuring, gauging, and controlling devices to prevent unnecessary 
radiation exposure to individuals resulting from the use of the devices 
that contain radioactive sources. This proposed rule would have 
addressed only generally licensed devices. It did not include devices 
subject to specific licenses. The NRC is conducting a risk review of 
the current licensing and inspection programs and licensees' activities 
for both generally and specifically licensed devices. The risk review 
will determine the risk associated with licensees' activities by 
determining and relating the probabilities of the occurrence and 
consequences of events during use and likely accidents involving 
radioactive material. The NRC will determine from the results of the 
risk review the need to develop restructured licensing and inspection 
programs for material licensees and the associated rulemaking for 
implementing these programs. Therefore, pending the results of the risk 
review and the need for a comprehensive rulemaking, and because the 
proposed rule did not include both generally and specifically licensed 
devices, the Commission is withdrawing this proposed rule.

ADDRESSES: The Commission paper, the staff requirements memoranda 
(SRM), and associated documents are available for public inspection 
and/or copying for a fee at the NRC Public Document Room located at 
2120 L Street, NW. (Lower Level), Washington, DC 20003-1527, telephone: 
[phone].

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone [phone], e-mail 
[e-mail].

SUPPLEMENTARY INFORMATION: On November 27, 1992 (57 FR 56287), the 
Commission published a notice of proposed rulemaking in the Federal 
Register entitled ``Requirements Concerning the Accessible Air Gap for 
Generally Licensed Devices.'' The proposed rule would have amended the 
Commission's regulations to provide additional regulatory control over 
certain measuring, gauging, and controlling devices distributed by 
manufacturers and used by persons under NRC's general license 
provisions. The rulemaking would have affected devices with an 
accessible air gap or radiation levels that exceed a specified value. 
This rulemaking would have made it increasingly difficult for personnel 
to obtain access to the device's radiation beam, thereby reducing the 
frequency and likelihood of unnecessary radiation exposure. The 
rulemaking applied to persons who distribute these special measuring, 
gauging, and controlling devices under the NRC general license 
provisions, and to persons who use the devices under the general 
license.
    The NRC received 5 comment letters on the proposed rule. Three 
comments were received from manufacturers and two comments were 
received from device users. Development of the final rule was 
suspended. On July 2, 1996, the NRC/Agreement State Working Group (WG) 
issued a final report concerning its evaluation of current regulations 
on generally and specifically licensed devices and provided 
recommendations to increase licensees' accountability regarding these 
devices. The staff's evaluation of the WG recommendations was provided 
to the Commission. The subsequent SRM dated December 31, 1996, 
requested a response to specific issues raised by the Commission in 
SECY-96-221. On November 26, 1997, the NRC staff provided for the 
Commission's consideration SECY-97-273, entitled ``Improving NRC's 
Control Over, and Licensees' Accountability for, Generally and 
Specifically Licensed Devices.'' Included as an attachment to this 
Commission paper was the SRM, entitled ``Responses to Issues Included 
in the December 31, 1996, Staff Requirement Memorandum.'' Additional 
recommendations from the NRC staff that were not addressed in the WG 
report, such as proceeding with or dropping the air gap rule, were 
discussed. Subsequently, an SRM dated April 13, 1998, directed the NRC 
staff to terminate the proposed rulemaking.
    This proposed rule addressed only generally licensed devices and 
has been on hold for the last five years. The NRC's current strategy 
for both generally and specifically licensed devices, is to perform a 
comprehensive risk review of the licensing and inspection programs, 
including licensees' activities. The results will be used to develop 
new risk-based licensing and inspection programs and will be approved 
by the Commission before they are implemented. In addition, the risk 
review will determine whether a similar rulemaking should be developed. 
Because of these actions, the Commission is withdrawing this proposed 
rulemaking.

    Dated at Rockville, Maryland, this 12th day of January, 1999.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-1196 Filed 1-19-99; 8:45 am]
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