95-27293. National Institutes of Health; Receipt of Petition for Director's Decision Under 10 CFR 2.206

[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Notices]
[Page 55871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27293]



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NUCLEAR REGULATORY COMMISSION

National Institutes of Health; Receipt of Petition for Director's 
Decision Under 10 CFR 2.206

    Notice is hereby given that by Petition dated October 10, 1995, Dr. 
Maryann Wenli Ma and Dr. Bill Wenling Zheng (Petitioners) have 
requested that the NRC take immediate action with regard to the 
National Institutes of Health (NIH). The Petitioners request that 
materials license No. 19-00296-10 held by NIH be suspended or revoked 
pending resolution of the issues raised in the Petition, and that other 
appropriate enforcement action be taken against NIH.
    As a basis for their request, the Petitioners assert that NIH has 
willfully, recklessly, or deliberately committed numerous violations of 
10 CFR Part 20. Broadly stated, the Petitioners assert that, as a 
result of NIH's failure to control and secure radioactive materials, 
maintain an effective bioassay program and otherwise adhere to the 
requirements of 10 CFR Part 20, Dr. Ma was contaminated with 
phosphorous-32 (P-32) resulting in both her and her unborn fetus 
receiving intakes of radioactive material significantly in excess of 
regulatory limits; that additional NIH employees also were internally 
contaminated with P-32; and that NIH failed to take proper actions to 
assess accurately the level of Dr. Ma's internal contamination or 
provide appropriate medical care and follow-up treatment.
    The request is being treated pursuant to 10 CFR 2.206 of the 
Commission's regulations. The request has been referred to the Director 
of the Office of Nuclear Material Safety and Safeguards. By letter 
dated October 30, 1995, the Petitioners' request that license No. 19-
00296-10 held by NIH be suspended or revoked pending resolution of the 
issues discussed in the Petition was denied. Action will be taken on 
the remaining aspects of the petition, pursuant to Section 2.206, 
within a reasonable time.
    A copy of the Petition is available for inspection at the 
Commission's Public Document Room at 2120 L Street, N.W., Washington, 
D.C. 20555.

    Dated at Rockville, Maryland this 30th day of October 1995.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 95-27293 Filed 11-2-95; 8:45 am]
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