96-25486. Minor Corrections, Clarifying Changes, and a Minor Policy Change  

  • [Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
    [Proposed Rules]
    [Pages 52388-52394]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-25486]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Parts 20, 32, 35, 36, 39
    
    RIN 3150-AF46
    
    
    Minor Corrections, Clarifying Changes, and a Minor Policy Change
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Nuclear Regulatory Commission is proposing to amend its 
    regulations to make minor corrections and clarifying changes to the 
    standards for protection against radiation. The proposed amendments 
    would also conform other parts with the Commission's revised radiation 
    protection requirements. In addition, a minor policy change is proposed 
    that would revise the monitoring criterion for minors from 0.05 rem 
    (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women 
    from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies. 
    Revising the monitoring criterion would not, in any way, raise the dose 
    limit for declared pregnant women and minors. Licensees would still be 
    required to ensure that the dose limit of 0.5 rem (5 mSv) for minors is 
    not exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for 
    declared pregnant women is not exceeded during the period of their 
    pregnancy. The dose limit for the embryo/fetus is unchanged. This 
    proposed rule is necessary to inform the public of these minor changes 
    to the NRC's regulations and invite comments.
    
    DATES: Comment period expires December 23, 1996. Comments received 
    after this date will be considered if it is practical to do so, but the 
    Commission is able to assure consideration only for comments received 
    on or before this date.
    
    ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555-0001; Attention: Docketing and Service 
    Branch.
        Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, 
    between 7:45 am and 4:15 pm Federal workdays.
        Copies of the supporting statement submitted to OMB and comments 
    received may be examined at the NRC Public Document Room at 2120 L 
    Street NW. (Lower Level), Washington, DC.
        For information on submitting comments electronically, see the 
    discussion under Electronic Access in the Supplementary Information 
    section.
    
    FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear 
    Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
    20555, telephone (301) 415-6219, e-mail JMM2@nrc.gov.
    
    SUPPLEMENTARY INFORMATION:
    
        On May 21, 1991 (56 FR 23360), a final rule was published in the 
    Federal Register that amended 10 CFR Part 20 to update the NRC's 
    ``Standards for Protection Against Radiation.'' Subsequent amendments 
    were published to (1) change the mandatory implementation date to 
    January 1, 1994, and make conforming changes to the text to reflect the 
    new implementation date (57 FR 38588; August 26, 1992), (2) remove or 
    modify provisions to reflect the new implementation date for NRC's 
    revised ``Standards for Protection Against Radiation'' (58 FR 67657; 
    December 22, 1993), and (3) restore provisions inadvertently removed or 
    modified (59 FR 41641; August 15, 1994; and 60 FR 20183; April 25, 
    1995). This proposed rule would make additional minor corrections and 
    clarifying changes to the NRC regulation for greater clarity and to 
    further facilitate implementation. The proposed rule would also make 
    conforming amendments to 10 CFR Parts 32, 35, 36, and 39. In addition, 
    a minor policy change is proposed that would revise the monitoring 
    criterion for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a 
    year and for declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem 
    (1 mSv) during their pregnancies.
        This proposed rule would make the following changes:
        (1) In Sec. 20.1003, ``Definitions,'' clarifying changes and minor 
    corrections would be made to the following:
        (a) The term ``Airborne radioactivity area'' would be replaced with 
    ``Airborne radioactive material area'' to clarify that radioactivity is 
    a property of matter and, as such, cannot be airborne. A conforming 
    change would also be made in Sec. 20.1902(d) to permit licensees the 
    option of either using the current signs or posting new signs to 
    reflect this change.
    
    [[Page 52389]]
    
        (b) The definition of ``Declared pregnant woman'' would be revised 
    to specify that the written declaration of pregnancy would be given to 
    the licensee. This is necessary to ensure that the licensee responsible 
    for work assignments involving exposure is aware of the declaration of 
    pregnancy so that appropriate dose restriction can be imposed. The 
    change would also specify the duration of the effectiveness of a 
    woman's declaration.
        (c) The term ``Eye dose equivalent'' (EDE) would be replaced with 
    ``Lens dose equivalent'' (LDE) to avoid confusion between the 
    initialisms for dose to the lens of the eye and effective dose 
    equivalent (EDE).
        (d) The definitions of ``High radiation area'' and ``Very high 
    radiation area'' would be revised to make it clear that these area 
    designations are based solely on radiation levels from sources external 
    to an individual who may receive the dose.
        (e) The definition of ``Individual monitoring devices'' would be 
    revised to correct the terminology for thermoluminescence dosimeters.
        (2) In Sec. 20.1101(b), the word ``practicable'' would be changed 
    to ``practical'' to remove the basis for an incorrect perception among 
    some licensees that, by using the word ``practicable'' in this section, 
    the NRC is requiring licensees to use any dose averting technique that 
    is capable of being used even if the technique is unproven or 
    impractical.
        (3) In Secs. 20.1201 (a)(2)(i) and (c); 20.1203; 20.2101; 
    20.2106(a)(1); and 20.2202 (a)(1)(ii) and (b)(1)(ii), ``eye dose 
    equivalent'' would be replaced by ``lens dose equivalent'' to conform 
    to the proposed amendment in Sec. 20.1003.
        (4) In Sec. 20.1206, Planned special exposures, paragraph (a) would 
    be revised to clarify the meaning of ``higher exposure.'' The proposed 
    new wording would state that planned special exposures are authorized 
    only in exceptional situations when alternatives that might avoid the 
    dose are unavailable or impractical.
        (5) In Sec. 20.1208 (a), (c), (c)(2), and (d), the phrase ``dose to 
    an embryo/fetus'' would be changed to read ``dose equivalent to the 
    embryo/fetus'' to make it clear that the dose limit specifically 
    applies to the dose equivalent, which is the technically correct term 
    to denote effect of dose to an organ.
        (6) In Sec. 20.1501(a)(2)(i), the phrase ``The extent of radiation 
    levels;* * *'' would be revised to read ``The magnitude and extent of 
    radiation levels;* * *.'' to more clearly reflect the intended meaning.
        (7) In Sec. 20.1501(a)(2)(iii), the phrase ``The potential 
    radiological hazards that could be present'' would be revised to read 
    ``The potential radiological hazards'' to remove the redundancy.
        (8) In Sec. 20.1502, the words ``from radiation sources under the 
    control of the licensee'' would be added after ``exposure to 
    radiation'' in paragraph (a) to improve clarity and to make it clear 
    that a licensee is not responsible for sources not under its control.
        (9) In Sec. 20.1502 (a)(2) and (b)(2), monitoring requirements are 
    stated as one-tenth of applicable limits for a year for minors and 
    pregnant women, even though the dose limits referenced in paragraph 
    (a)(2) apply for an entire year to minors while the dose limit 
    referenced in paragraph (b)(2) applies only to the 9-month gestation 
    period of a declared pregnant woman. These paragraphs would be 
    separated and revised accordingly to make this section consistent with 
    Sec. 20.1208 and technically correct. In addition, the criterion for 
    monitoring minors and declared pregnant women would be changed for 
    minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for 
    declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) 
    during their pregnancies. This change would constitute a small licensee 
    burden reduction with no loss in worker health and safety. The 
    conservative approach currently in use has resulted in the following 
    problems:
        (a) The value is not consistent with the 0.1 rem (1 mSv) dose limit 
    for members of the public in Sec. 20.1301(a). It is not appropriate to 
    require monitoring of workers who are expected to receive less dose 
    than is permitted for members of the public; and
        (b) The value is not consistent with the 100-mrem (1 mSv) training 
    criterion in the recently revised Sec. 19.12 (60 FR 36038; July 13, 
    1995).
        Raising this limit would not, in any way, raise the dose limit for 
    declared pregnant women and minors. Licensees would still be required 
    to ensure that the dose limit of 0.5 rem (5 mSv) for minors is not 
    exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for 
    declared pregnant women is not exceeded during the period of their 
    pregnancy.
        (10) In Sec. 20.1902(d), a proposed change to the posting 
    requirement would permit the use of the words ``Airborne Radioactive 
    Material Area'' in place of the currently required ``Airborne 
    Radioactivity Area.'' The proposed change would also permit the 
    continued use of existing stocks of signs with the currently required 
    ``Airborne Radioactivity Area.'' This would conform to the proposed 
    amendment in Sec. 20.1003.
        (11) In Sec. 20.1903, a new paragraph would be added to exempt 
    teletherapy rooms in a hospital from posting requirements as long as 
    access is controlled to prevent the exposure of workers, other 
    patients, and members of the public to radiation. The purpose of this 
    change is to bring the regulation into conformity with existing 
    licensing practices which avoid the unwarranted and potentially 
    unsettling effect that ``GRAVE DANGER, VERY HIGH RADIATION AREA'' signs 
    may have on patients.
        (12) In Sec. 20.1906(d), a revision would require licensees to 
    notify the NRC Operations Center, instead of an NRC Regional Office, 
    upon receiving and opening packages when radiation levels exceed 
    regulatory limits. This would provide for consistency within the prompt 
    notification requirements contained in Sec. 20.2201. A conforming 
    change also would be made to the prompt notification requirements in 
    Sec. 20.2202.
        (13) In Sec. 20.2101, a revision would permit licensees to include 
    both the new SI units and the old (special) units of dose on records 
    required by this part. Each of the recorded dose quantities would be 
    recorded in the appropriate special unit and, if so desired, followed 
    by the appropriate SI unit in parentheses. The term ``eye dose 
    equivalent'' would be replaced by ``lens dose equivalent'' to conform 
    to the proposed amendment in Sec. 20.1003.
        (14) In Sec. 20.2106 (a)(2) and (a)(3), the references to ``body 
    burden'' would be removed because this term is obsolete and is not 
    defined in revised 10 CFR Part 20. Section 20.2106(a)(4) would be 
    revised by adding a reference to Sec. 20.1204(a), which requires 
    licensees to take measurements of (1) concentrations of radioactive 
    materials in air in work areas, or (2) quantities of radionuclides in 
    the body, or (3) quantities of radionuclides excreted from the body, or 
    (4) combinations of these measurements in order to determine internal 
    dose when required by Sec. 20.1502 to monitor internal dose. This, in 
    effect, uses recorded concentrations of radioactive material in air, 
    quantities of radioactive material determined to be in the body, or 
    excreta, or any combination of these that would be needed, instead of 
    ``body burden,'' for assessing the committed effective dose equivalent 
    (CEDE). The NRC believes that this information is clearly necessary to 
    support the recorded results of the licensee's calculation of CEDE. 
    Adding this reference would not impose any additional recordkeeping 
    burden on
    
    [[Page 52390]]
    
    licensees because they are required to obtain this information in order 
    to calculate CEDE under Sec. 20.1204.
        (15) A revision to Sec. 20.2202(d) would result in the application 
    of the same incident reporting requirements to all licensees. 
    Currently, this section requires that power reactor licensees submit 
    reports to the NRC Operations Center, but all other licensees must 
    submit both a telephone report to the NRC Operations Center and a 
    telegram, mailgram, or facsimile to the Regional Office. This change 
    would require all licensees to report incidents by telephone to the NRC 
    Operations Center ensuring consistency in the prompt notification 
    requirements contained elsewhere in this part and would result in a 
    reduction in the information collection burden.
        (16) In Sec. 32.54(a), the reference to ``Sec. 20.203(a)'' would be 
    corrected to read ``Sec. 20.1901.''
        (17) In Sec. 35.20, ``ALARA program,'' paragraph (c) would be 
    removed as redundant because the requirements that are to be addressed 
    in the ALARA program are contained in 10 CFR Part 20, and the training 
    requirements are addressed in 10 CFR 19.12. Part 35 references both 
    Parts 19 and 20 as containing requirements for medical licensees.
        (18) Safety precautions and survey requirements for restricted and 
    unrestricted areas are specified in Secs. 35.315, 35.415, 35.641, and 
    35.643. Sections 35.315(a)(4) and 35.415(a)(4) would be revised to 
    remove the words ``restricted'' and ``unrestricted'' where they modify 
    the word ``area.'' Sections 35.641(a)(2)(i) and (a)(2)(ii) and 
    35.643(a) would be revised to be consistent with definitions of dose to 
    occupationally exposed individuals and dose to members of the public. 
    Also, in Sec. 35.643(a)(1), a misreference to Sec. 20.1301(c) would be 
    corrected to read Sec. 20.1301. The 0.5 rem (5 mSv) limit permitted by 
    application and NRC approval under Sec. 20.1301(c) was never intended 
    to be required under this section in Part 35. Rather, it was always the 
    intent of the NRC to apply the 0.1 rem (1 mSv) limit in Sec. 20.1301(a) 
    to this section, with the provision for licensees to request the 0.5 
    rem limit specified in Sec. 20.1301(c).
        (19) In Sec. 36.23(g), posting requirements for a panoramic 
    irradiator would be revised to conform with posting requirements for 
    high or very high radiation areas in Sec. 20.1902. The posting 
    requirements in Part 36 currently require a posting appropriate to a 
    high radiation area only.
        (20) In Sec. 39.33, ``Radiation detection instruments,'' a 
    conforming change to paragraph (a) would be made by replacing the term 
    ``milliroentgens'' with the term ``millirems'' to be consistent with 
    revised Part 20 terminology. Because the NRC recognizes that most 
    licensees may still use radiation detection instruments that measure 
    radiation in units of roentgens, measurements taken in roentgens could 
    continue to be recorded in terms of the roentgen, provided that the 
    measurements can be readily converted to rem for records required under 
    10 CFR Part 20.2101(a).
        (21) In Sec. 39.71(b), the reference to ``Sec. 20.3'' would be 
    corrected to read ``Sec. 20.1003.''
    
    Electronic Access
    
        Comments on the proposed rule may also be submitted electronically 
    in either ASCII text or Wordperfect format (version 5.1 or later) by 
    calling the NRC Electronic Bulletin Board on FedWorld. The bulletin 
    board may be accessed using a personal computer, a modem, and one of 
    the commonly available communications software packages, or directly 
    via Internet.
        If using a personal computer and modem, the NRC rulemaking 
    subsystem on FedWorld can be accessed directly by dialing the toll free 
    number: 1-800-303-9672. Communication software parameters should be set 
    as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
    Use ANSI or VT-100 terminal emulation. The NRC rulemaking systems can 
    then be accessed by selecting the ``Rules Menu'' option from the ``NRC 
    Main Menu.'' For further information about options available for NRC at 
    FedWorld, consult the ``Help/Information Center'' from the ``NRC Main 
    Menu.'' Users will find the ``FedWorld Online User's Guides'' 
    particularly helpful. Many NRC subsystems and databases also have a 
    ``Help/Information Center'' option that is tailored to the particular 
    subsystem.
        The NRC subsystem on FedWorld can also be accessed by a direct dial 
    phone number for the main FedWorld BBS: 703-321-3339; Telnet via 
    Internet: fedworld.gov (192.239.92.3); File Transfer Protocol (FTP) via 
    Internet: ftp.fedworld.gov (192.239.92.205); and World Wide Web using 
    the ``Home Page'': www.fedworld.gov (this is the Uniform Resource 
    Locator (URL)). If you contact FedWorld using Telnet, you will see the 
    NRC area and menus, including the Rules Menu. Although you will be able 
    to download documents and leave messages, you will not be able to write 
    comments or upload files (comments). If you contact FedWorld using FTP, 
    all files can be accessed and downloaded but uploads are not allowed; 
    all you will see is a list of files without descriptions (normal Gopher 
    look). An index file listing all files within a subdirectory, with 
    descriptions, is available. There is a 15-minute time limit for FTP 
    access.
        Although FedWorld also can be accessed through the World Wide Web, 
    like FTP that mode only provides access for downloading files and does 
    not display the NRC Rules Menu.
        If using a method other than the NRC's toll free number to contact 
    FedWorld, the NRC subsystem will be accessed from the main FedWorld 
    menu by selecting ``F--Regulatory, Government Administration and State 
    Systems'' or by entering the command ``/go nrc'' at a FedWorld command 
    line. At the next menu, select ``A--Regulatory Information Mall,'' and 
    then select ``A--U.S. Nuclear Regulatory Commission'' at the next menu. 
    If you access NRC from FedWorld's ``Regulatory, Government 
    Administration'' menu, you may return to FedWorld by selecting the 
    ``Return to FedWorld'' option from the ``NRC Main Menu.'' However, if 
    you access NRC at FedWorld by using NRC's toll-free number, you will 
    have full access to all NRC systems, but you will not have access to 
    the main FedWorld system. For more information on NRC bulletin boards, 
    call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. 
    Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 
    (301) 415-5780; e-mail AXD3@nrc.gov.
    
    Agreement State Compatibility
    
        This rulemaking will be a matter of compatibility between the NRC 
    and the Agreement States, thereby providing consistency of State and 
    Federal safety requirements. The NRC has determined that a Division 2 
    level of compatibility should be assigned to the changes to 
    Secs. 20.1003, 20.1101, 20.1201, 20.1206, 20.1208, 20.1501, 20.1502, 
    20.1902, 20.1903, 20.1906, 20.2101, 20.2106, 20.2202, 32.54, 35.20, 
    35.315, 35.415, 35.641, 35.643, 36.23, 39.33, and 39.71 because the 
    requirements in these sections already have been assigned a Division 2 
    level of compatibility. This rulemaking is primarily of a clarifying 
    nature so the basis for that assignment should not change.
    
    Environmental Impact: Categorical Exclusion
    
        The NRC has determined that this proposed rule is the type of 
    action described in the categorical exclusion in 10 CFR 51.22(c)(2). 
    Therefore, neither an environmental impact statement nor an 
    environmental assessment has been prepared for this proposed rule.
    
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    Paperwork Reduction Act Statement
    
        This proposed rule amends information collection requirements that 
    are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
    seq.). This rule has been submitted to the Office of Management and 
    Budget for review and approval of the paperwork requirements.
        The rule will reduce existing information collection requirements, 
    and the public burden for this collection of information is expected to 
    be reduced by approximately 250 hours per year over the entire 
    industry. This reduction includes the time required for reviewing 
    instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection of information. The U.S. Nuclear Regulatory Commission is 
    seeking public comment on the potential impact of the collection of 
    information contained in the proposed rule and on the following issues:
        1. Is the proposed collection of information necessary for the 
    proper performance of the functions of the NRC, including whether the 
    information will have practical utility?
        2. Is the estimate of burden accurate?
        3. Is there a way to enhance the quality, utility, and clarity of 
    the information to be collected?
        4. How can the burden of the collection of information be 
    minimized, including the use of automated collection techniques?
        Send comments on any aspect of this proposed collection of 
    information, including suggestions for reducing the burden, to the 
    Information and Records Management Branch (T-6F33), U.S. Nuclear 
    Regulatory Commission, Washington, DC 20555-0001, or by Internet 
    electronic mail at [email protected]; and to the Desk Officer, Office of 
    Information and Regulatory Affairs, NEOB-10202, (3150-0014), Office of 
    Management and Budget, Washington, DC 20503.
        Comments to OMB on the collection of information or on the above 
    issues should be submitted by (November 6, 1996. Comments received 
    after this date will be considered if it is practical to do so, but 
    assurance of consideration cannot be given to comments received after 
    this date.
    
    Public Protection Notification
    
        The NRC may not conduct or sponsor, and a person is not required to 
    respond to, a collection of information unless it displays a currently 
    valid OMB control number.
    
    Regulatory Analysis
    
        This proposed rule makes minor correcting and clarifying amendments 
    to the requirements in 10 CFR Part 20 and conforms 10 CFR Parts 32, 35, 
    36, and 39 to 10 CFR Part 20. The proposed rulemaking would not impose 
    any additional costs on licensees since the rulemaking would be 
    correcting and clarifying several definitions and current requirements 
    addressing standards for protection against radiation. No impact is 
    anticipated to result from any of the proposed correcting or clarifying 
    amendments. Because the proposed rule would improve clarity and 
    consistency in the NRC's regulations, it would benefit the licensees.
        The proposed amendments should result in a minor reduction in 
    burden to licensees by eliminating written reports and allowing 
    licensees to submit incident reports by telephone. This proposed change 
    is consistent with the Paperwork Reduction Act. The proposed 
    requirements also would waive posting requirements in teletherapy rooms 
    in hospitals because of the unsettling effects that the signs have on 
    patients. There would be no decrease in safety because the safety 
    precautions in 10 CFR Part 35 are considered adequate to protect 
    individuals from inadvertent exposure to radiation. This proposed 
    change would have a beneficial effect on patients.
        In addition, these proposed amendments would change the monitoring 
    requirement for minors and pregnant women from one-tenth of the 
    applicable limit or 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) for the 
    following reasons:
        (1) The value is consistent with the 100 mrem (1 mSv) training 
    criterion in the recently revised 10 CFR 19.12 (60 FR 36038; July 13, 
    1995). Thus, monitoring would not be required at any dose below that 
    requiring the training of workers.
        (2) The value is consistent with the 0.1 rem (1 mSv) dose limit for 
    members of the public in 10 CFR 20.1301(a). It is not necessary or 
    appropriate to require monitoring of workers who are expected to 
    receive less dose than is permitted for members of the public. There 
    may be some reduction in burden, but any reduction would be small, and 
    because of the many factors that impact the decision as to whether 
    personal dosimeters will be worn, it is impossible to assess this 
    likely small burden reduction.
        This discussion constitutes the regulatory analysis for this 
    proposed rule.
    
    Backfit Analysis
    
        The NRC has determined that the backfit rule in Sec. 50.109 does 
    not apply to this proposed rule and, therefore, that a backfit analysis 
    is not required for this proposed rule because these amendments do not 
    involve any provision that would impose backfits as defined in 
    Sec. 50.109(a)(1).
    
    List of Subjects
    
    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.
    
    10 CFR Part 32
    
        Byproduct material, Criminal penalties, Labeling, Nuclear 
    materials, Radiation protection, Reporting and recordkeeping 
    requirements.
    
    10 CFR Part 35
    
        Byproduct material, Criminal penalties, Drugs, Health facilities, 
    Health professions, Medical devices, Nuclear materials, Occupational 
    safety and health, Radiation protection, Reporting and recordkeeping 
    requirements.
    
    10 CFR Part 36
    
        Byproduct material, Criminal penalties, Nuclear material, Oil and 
    gas exploration--well logging, Reporting and recordkeeping 
    requirements, Scientific equipment, Security measures, Source material, 
    Special nuclear material.
    
    10 CFR Part 39
    
        Byproduct material, Criminal penalties, Nuclear material, Oil and 
    gas exploration--well logging, Reporting and recordkeeping 
    requirements, Scientific equipment, Security measures, Source material, 
    Special nuclear material.
    
    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,
    
    [[Page 52392]]
    
    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. 20.1003, the definitions of Airborne radioactivity area 
    and Eye dose equivalent are removed. The definitions of Airborne 
    radioactive material area and Lens dose equivalent are added in 
    alphabetical order, and the definitions of Declared pregnant woman, 
    High radiation area, Individual monitoring devices, and Very high 
    radiation area are revised to read as follows:
    
    
    Sec. 20.1003  Definitions.
    
    * * * * *
        Airborne radioactive material area means a room, enclosure, or area 
    in which airborne radioactive materials, composed wholly or partly of 
    licensed material, exist in concentrations--
        (1) In excess of the derived air concentrations (DACs) specified in 
    Appendix B to Secs. 20.1001-20.2402; or
        (2) To such a degree that an individual present in the area without 
    respiratory protective equipment could exceed, during the hours that an 
    individual is present in a week, an intake of 0.6 percent of the annual 
    limit on intake (ALI) or 12 DAC-hours.
    * * * * *
        Declared pregnant woman means a woman who has voluntarily informed 
    the licensee, in writing, of her pregnancy and the estimated date of 
    conception. The declaration remains in effect until the declared 
    pregnant woman withdraws the declaration in writing or is no longer 
    pregnant.
    * * * * *
        High radiation area means an area, accessible to individuals, in 
    which radiation levels from radiation sources external to the body 
    could result in an individual receiving a dose equivalent in excess of 
    0.1 rem (1 mSv) in 1 hour at 30 centimeters from the radiation source 
    or 30 centimeters from any surface that the radiation penetrates.
    * * * * *
        Individual monitoring devices (individual monitoring equipment) 
    means devices designed to be worn by a single individual for the 
    assessment of dose equivalent such as film badges, thermoluminescence 
    dosimeters (TLDs), pocket ionization chambers, and personal (``lapel'') 
    air sampling devices.
    * * * * *
        Lens dose equivalent applies to the external exposure of the lens 
    of the eye and is taken as the dose equivalent at a tissue depth of 0.3 
    centimeter (300 mg/cm2).
    * * * * *
        Very high radiation area means an area, accessible to individuals, 
    in which radiation levels from radiation sources external to the body 
    could result in an individual receiving an absorbed dose in excess of 
    500 rads (5 grays) in 1 hour at 1 meter from a radiation source or 1 
    meter from any surface that the radiation penetrates.
    * * * * *
        3. In Sec. 20.1101, paragraph (b) is revised to read as follows:
    
    
    Sec. 20.1101  Radiation protection programs.
    
    * * * * *
        (b) The licensee shall use, to the extent practical, procedures and 
    engineering controls based upon sound radiation protection principles 
    to achieve occupational doses and doses to members of the public that 
    are as low as is reasonably achievable (ALARA).
    * * * * *
        4. In Sec. 20.1201, paragraphs (a)(2)(i) and (c) are revised to 
    read as follows:
    
    
    Sec. 20.1201  Occupational dose limits for adults
    
        (a) * * *
        (2) * * *
        (i) A lens dose equivalent of 15 rems (0.15 Sv); and
    * * * * *
        (c) The assigned deep-dose equivalent and shallow-dose equivalent 
    must be for the part of the body receiving the highest exposure. The 
    deep-dose equivalent, lens dose equivalent, and shallow-dose equivalent 
    may be assessed from surveys or other radiation measurements for the 
    purpose of demonstrating compliance with the occupational dose limits, 
    if the individual monitoring device was not in the region of highest 
    potential exposure, or the results of individual monitoring are 
    unavailable.
    * * * * *
        5. In Sec. 20.1203, the introductory text is revised to read as 
    follows:
    
    
    Sec. 20.1203  Determination of external dose from airborne radioactive 
    material.
    
        Licensees shall, when determining the dose from airborne 
    radioactive material, include the contribution to the deep-dose 
    equivalent, lens dose equivalent, and shallow-dose equivalent from 
    external exposure to the radioactive cloud (see appendix B to part 20, 
    footnotes 1 and 2).
    * * * * *
        6. In Sec. 20.1206, paragraph (a) is revised to read as follows:
    
    
    Sec. 20.1206  Planned special exposures.
    
    * * * * *
        (a) The licensee authorizes a planned special exposure only in an 
    exceptional situation when alternatives that might avoid any additional 
    dose estimated to result from the planned special exposure are 
    unavailable or impractical.
    * * * * *
        7. In Sec. 20.1208, the section heading, paragraph (a), the 
    introductory text of paragraph (c), and paragraphs (c)(2) and (d) are 
    revised to read as follows:
    
    
    Sec. 20.1208  Dose equivalent to an embryo/fetus.
    
        (a) The licensee shall ensure that the dose equivalent to the 
    embryo/fetus during the entire pregnancy as a result of the 
    occupational exposure of a declared pregnant woman does not exceed 0.5 
    rem (5 mSv). (For recordkeeping requirements, see Sec. 20.2106.)
    * * * * *
        (c) The dose equivalent to the embryo/fetus is the sum of--
    * * * * *
        (2) The dose equivalent to the embryo/fetus resulting from 
    radionuclides in the embryo/fetus and radionuclides in the declared 
    pregnant woman.
        (d) If the dose equivalent to the embryo/fetus is found to have 
    exceeded 0.5 rem (5 mSv), or is within 0.05 rem (0.5 mSv) of this dose, 
    by the time the woman declares the pregnancy to the licensee, the 
    licensee shall be deemed to be in compliance with paragraph (a) of this 
    section if the additional dose equivalent to the embryo/fetus does not 
    exceed 0.05 rem (0.5 mSv) during the remainder of the pregnancy.
        8. In Sec. 20.1501, paragraphs (a)(2)(i) and (a)(2)(iii) are 
    revised to read as follows:
    
    
    Sec. 20.1501  General.
    
        (a) * * *
        (2) * * *
        (i) The magnitude and extent of radiation levels;
    * * * * *
        (iii) The potential radiological hazards.
    * * * * *
        9. In Sec. 20.1502, paragraph (a)(3) is redesignated as (a)(4) and 
    revised and new paragraphs (a)(3) and (b)(3) are added; and the 
    introductory text of paragraph (a) and paragraphs (a)(2), (b)(1), and 
    (b)(2) are revised to read as follows:
    
    
    Sec. 20.1502  Conditions requiring individual monitoring of external 
    and internal occupational dose.
    
    * * * * *
        (a) Each licensee shall monitor occupational exposure to radiation 
    from radiation sources under the control of the licensee and shall 
    supply and
    
    [[Page 52393]]
    
    require the use of individual monitoring devices by--
    * * * * *
        (2) Minors likely to receive, in 1 year, from radiation sources 
    external to the body, a dose equivalent in excess of 0.1 rem (1 mSv);
        (3) Declared pregnant women likely to receive, during the entire 
    pregnancy from radiation sources external to the body, a dose 
    equivalent in excess of 0.1 rem (1 mSv); and
        (4) Individuals entering a high or very high radiation area.
        (b) * * *
        (1) Adults likely to receive, in 1 year, an intake in excess of 10 
    percent of the applicable ALI(s) in table 1, Columns 1 and 2, of 
    Appendix B to Secs. 20.1001-20.2402;
        (2) Minors likely to receive, in 1 year, a committed effective dose 
    equivalent in excess of 0.1 rem (1 mSv); and
        (3) Declared pregnant women likely to receive, during the entire 
    pregnancy, a committed effective dose equivalent in excess of 0.1 rem 
    (1 mSv).
        10. In Sec. 20.1902, paragraph (d) is revised to read as follows:
    
    
    Sec. 20.1902  Posting requirements.
    
    * * * * *
        (d) Posting of airborne radioactive material areas. The licensee 
    shall post each airborne radioactive material area with a conspicuous 
    sign or signs bearing the radiation symbol and the words ``CAUTION, 
    AIRBORNE RADIOACTIVITY AREA''; ``DANGER, AIRBORNE RADIOACTIVITY AREA''; 
    ``CAUTION, AIRBORNE RADIOACTIVE MATERIAL AREA''; or ``DANGER, AIRBORNE 
    RADIOACTIVE MATERIAL AREA.''
    * * * * *
        11. In Sec. 20.1903, a new paragraph (d) is added to read as 
    follows:
    
    
    Sec. 20.1903  Exceptions to posting requirements.
    
    * * * * *
        (d) Rooms in hospitals or clinics that are used for teletherapy are 
    exempt from the requirement to post caution signs under Sec. 20.1902 
    if--
        (1) Access to the room is controlled pursuant to Sec. 35.615; and
        (2) Personnel in attendance take necessary precautions to prevent 
    the inadvertent exposure of workers, other patients, and members of the 
    public to radiation in excess of the limits established in this part.
        12. In Sec. 20.1906, the introductory text of paragraph (d) is 
    revised to read as follows:
    
    
    Sec. 20.1906  Procedures for receiving and opening packages.
    
    * * * * *
        (d) The licensee shall immediately notify the final delivery 
    carrier and the NRC Operations Center (301-816-5100), by telephone, 
    when--
    * * * * *
        13. In Sec. 20.2101, paragraph (c) is redesignated as paragraph (d) 
    and revised, paragraph (b) is redesignated as paragraph (c) and 
    revised, and a new paragraph (b) is added to read as follows:
    
    
    Sec. 20.2101  General provisions.
    
    * * * * *
        (b) In the records required by this part, the licensee may record 
    quantities in SI units in parentheses following each of the units 
    specified in paragraph (a) of this section. However, all quantities 
    must be recorded as stated in paragraph (a) of this section.
        (c) Notwithstanding the requirements of paragraph (a) of this 
    section, when recording information on shipment manifests, as required 
    in Sec. 20.2006(b), information must be recorded in the International 
    System of Units (SI) or in SI and units as specified in paragraph (a) 
    of this section.
        (d) The licensee shall make a clear distinction among the 
    quantities entered on the records required by this part (e.g., total 
    effective dose equivalent, shallow-dose equivalent, lens dose 
    equivalent, deep-dose equivalent, committed effective dose equivalent).
        14. In Sec. 20.2106, paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) 
    are revised to read as follows:
    
    
    Sec. 20.2106  Records of individual monitoring results.
    
        (a) * * *
        (1) The deep-dose equivalent to the whole body, lens dose 
    equivalent, shallow-dose equivalent to the skin, and shallow-dose 
    equivalent to the extremities;
        (2) The estimated intake of radionuclides (see Sec. 20.1202);
        (3) The committed effective dose equivalent assigned to the intake 
    of radionuclides;
        (4) The specific information used to assess the committed effective 
    dose equivalent pursuant to Sec. 20.1204 (a) and (c), and when required 
    by Sec. 20.1502; and
    * * * * *
        15. In Sec. 20.2202, paragraphs (a)(1)(ii), (b)(1)(ii), and (d)(2) 
    are revised to read as follows:
    
    
    Sec. 20.2202  Notification of incidents.
    
        (a) * * *
        (1) * * *
        (ii) A lens dose equivalent of 75 rems (0.75 Sv) or more; or
        (b) * * *
        (1) * * *
        (ii) A lens dose equivalent exceeding 15 rems (0.15 Sv); or
        (d) * * *
        (2) All other licensees shall make the reports required by 
    paragraphs (a) and (b) of this section by telephone to the NRC 
    Operations Center (301) 816-5100.
    * * * * *
    
    PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
    CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
    
        16. The authority citation for part 32 continues to read as 
    follows:
    
        Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
    as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
    1242, as amended (42 U.S.C. 5841).
    
    
    Sec. 32.54  [Amended]
    
        17. In Sec. 32.54, paragraph (a) is amended by removing the 
    reference ``Sec. 20.203(a)'' and adding ``Sec. 20.1901.''
    
    PART 35--MEDICAL USE OF BYPRODUCT MATERIAL
    
        18. The authority citation for part 35 continues to read as 
    follows:
    
        Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
    as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
    1242, as amended (42 U.S.C. 5841).
    
    
    Sec. 35.20  [Amended]
    
        19. In Sec. 35.20, paragraph (c) is removed.
        20. In Sec. 35.315, paragraph (a)(4) is revised to read as follows:
    
    
    Sec. 35.315  Safety precautions.
    
        (a) * * *
        (4) Promptly after administration of the dosage, measure the dose 
    rates in contiguous areas with a radiation measurement survey 
    instrument to demonstrate compliance with the requirements of part 20 
    of this chapter, and retain for 3 years a record of each survey that 
    includes the time and date of the survey, a plan of the area or list of 
    points surveyed, the measured dose rate at each point surveyed 
    expressed in millirem per hour, the instrument used to make the survey, 
    and the initials of the individual who made the survey.
    * * * * *
        21. In Sec. 35.415, paragraph (a)(4) is revised to read as follows:
    
    
    Sec. 35.415  Safety precautions.
    
        (a) * * *
        (4) Promptly after implanting the material, survey the dose rates 
    in contiguous areas with a radiation measurement survey instrument to 
    demonstrate compliance with the
    
    [[Page 52394]]
    
    requirements of part 20 of this chapter, and retain for 3 years a 
    record of each survey that includes the time and date of the survey, a 
    plan of the area or list of points surveyed, the measured dose rate at 
    several of these points expressed in millirem per hour, the instrument 
    used to make the survey, and the name of the individual who made the 
    survey.
    * * * * *
        22. In Sec. 35.641, paragraphs (a)(2)(i) and (a)(2)(ii) are revised 
    to read as follows:
    
    
    Sec. 35.641  Radiation surveys for teletherapy facilities.
    
        (a) * * *
        (2) * * *
        (i) Radiation dose rates in restricted areas are not likely to 
    cause any occupationally exposed individual to receive a dose in excess 
    of the limits specified in Sec. 20.1201 of this chapter; and
        (ii) Radiation dose rates in unrestricted areas are not likely to 
    cause any individual member of the public to receive a dose in excess 
    of the limits specified in Sec. 20.1301 of this chapter.
    * * * * *
        23. In Sec. 35.643, paragraphs (a) introductory text and (a)(1) are 
    revised to read as follows:
    
    
    Sec. 35.643  Modification of teletherapy unit or room before beginning 
    a treatment program.
    
        (a) If the survey required by Sec. 35.641 indicates that any 
    individual member of the public is likely to receive a dose in excess 
    of the limits specified in Sec. 20.1301 of this chapter, the licensee 
    shall, before beginning the treatment program:
        (1) Either equip the unit with stops or add additional radiation 
    shielding to ensure compliance with Sec. 20.1301 of this chapter.
    * * * * *
    
    PART 36--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS
    
        24. The authority citation for part 36 continues to read as 
    follows:
    
        Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
    953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 
    U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as 
    amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
    5841, 5842, 5846).
    
        25. In Sec. 36.23, paragraph (g) is revised to read as follows:
    
    
    Sec. 36.23  Access control.
    
    * * * * *
        (g) Each entrance to the radiation room of a panoramic irradiator 
    and each entrance to the area within the personnel access barrier of an 
    underwater irradiator must be posted as required by Sec. 20.1902. 
    Radiation postings for panoramic irradiators must comply with the 
    posting requirements of Sec. 20.1902, except that signs may be removed, 
    covered, or otherwise made inoperative when the sources are fully 
    shielded.
    * * * * *
    
    PART 39--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL 
    LOGGING
    
        26. The authority citation for part 39 continues to read as 
    follows:
    
        Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 
    188, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as 
    amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2073, 2077, 
    2092, 2093, 2095, 2099, 2111, 2112, 2201, 2232, 2233, 2236, 2282); 
    secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 
    1246 (42 U.S.C. 5841, 5842, 5846).
    
        27. In Sec. 39.33, paragraph (a) is revised to read as follows:
    
    
    Sec. 39.33  Radiation detection instruments.
    
        (a) The licensee shall keep a calibrated and operable radiation 
    survey instrument capable of detecting beta and gamma radiation at each 
    field station and temporary jobsite to make the radiation surveys 
    required by this part and by part 20 of this chapter. To satisfy this 
    requirement, the radiation survey instrument must be capable of 
    measuring 0.1 mrem (0.001 mSv) per hour through at least 50 mrem (0.5 
    mSv) per hour.
    * * * * *
    
    
    Sec. 39.71  [Amended]
    
        28. In Sec. 39.71, paragraph (b) is amended by removing the 
    reference to ``Sec. 20.3'' and adding ``Sec. 20.1003.''
    
        Dated at Rockville, Maryland, this 5th day of September 1996.
    
        For the Nuclear Regulatory Commission.
    James M. Taylor,
    Executive Director for Operations.
    [FR Doc. 96-25486 Filed 10-4-96; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
10/07/1996
Department:
Nuclear Regulatory Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-25486
Dates:
Comment period expires December 23, 1996. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
Pages:
52388-52394 (7 pages)
RINs:
3150-AF46: Minor Corrections and Clarifying Changes and a Minor Policy Change
RIN Links:
https://www.federalregister.gov/regulations/3150-AF46/minor-corrections-and-clarifying-changes-and-a-minor-policy-change
PDF File:
96-25486.pdf
CFR: (24)
10 CFR 50.109(a)(1)
10 CFR 20.1003
10 CFR 20.1101
10 CFR 20.1201
10 CFR 20.1203
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