96-2699. National Registry of Radiation Protection Technologists; Receipt of a Petition for Rulemaking

[Federal Register Volume 61, Number 27 (Thursday, February 8, 1996)]
[Proposed Rules]
[Pages 4754-4756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2699]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 35

[Docket No. PRM-35-13]


National Registry of Radiation Protection Technologists; Receipt 
of a Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and 
requests public comment on a petition for rulemaking filed by the 
National Registry of Radiation Protection Technologists (NRRPT). The 
petition has been docketed by the Commission and assigned Docket No. 
PRM-35-13. The petitioner requests that the NRC amend its regulations 
by including acceptance of NRRPT registration as fulfilling some of the 
training requirements for a radiation safety officer. The petitioner 
believes that this amendment would support the objectives of the NRRPT 
and provide a substantial qualified resource to the medical community 
throughout the United States.

DATES: Submit comments by April 23, 1996. Comments received after this 
date will be considered if it is practical to do so, but assurance of 
consideration cannot be given except to those comments received on or 
before this date.

ADDRESSES: For a copy of the petition, write: Rules Review Section, 
Rules Review and Directives Branch, Division of Freedom of Information 
and Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.
    Submit comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Attention: Docketing and Services Branch.
    Deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
between 7:45 am and 4:15 pm on Federal workdays.
    For information on sending comments by electronic format, see 
``Electronic Access,'' under the Supplementary Information section of 
this notice.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Telephone: [phone], or Toll Free: 800-368-5642, or e-
mail [email protected]

SUPPLEMENTARY INFORMATION:

Background Information

    The NRC's training and experience requirements to be a Radiation 
Safety Officer (RSO) at a medical institution licensed by the NRC are 
described in 10 CFR Part 35, Subpart J--Training and Experience 
Requirements, Sec. 35.900, Radiation Safety Officer. Specifically, an 
applicant must meet the requirements in Secs. 35.900(a), 35.900(b) or 
35.900(c).
    The regulations in Sec. 35.900(a) provide a list of acceptable 
certification boards (e.g., American Board of Health Physics in 
Comprehensive Health Physics; American Board of Radiology) for an 
individual to be qualified to work as an RSO at a medical institution 
licensed by the NRC.
    The NRC regulations in Sec. 35.900(b) are the subject of this 
petition and are as follows:
    ``Except as provided in Sec. 35.901, the licensee shall require an 
individual fulfilling the responsibilities of the Radiation Safety 
Officer as provided in Sec. 35.32 to be an individual who:
* * * * *
    ``(b) Has had classroom and laboratory training and experience as 
follows:
    ``(1) 200 hours of classroom and laboratory training that includes:
    ``(i) Radiation physics and instrumentation;
    ``(ii) Radiation protection;
    ``(iii) Mathematics pertaining to the use and measurement of 
radioactivity;
    ``(iv) Radiation biology; and 
    
[[Page 4755]]

    ``(v) Radiopharmaceutical chemistry; and
    ``(2) One year of full time experience as radiation safety 
technologist at a medical institution under the supervision of the 
individual identified as the Radiation Safety Officer on a Commission 
or Agreement State license that authorizes the medical use of byproduct 
material; or * * *.''
    The NRC regulations in Sec. 35.900(c) permit an authorized user 
(i.e., a physician, dentist, or podiatrist) identified on the 
licenses's license to serve as the RSO.

The Petitioner

    The petitioner is the National Registry of Radiation Protection 
Technologists (NRRPT). NRRPT was incorporated in 1976 as a nonprofit 
organization and has a current membership of 3255. The petitioner 
states its objective is to encourage and promote the education and 
training of radiation protection technologists and, in so doing, 
promote and advance the science of health physics.

Receipt of Petition for Rulemaking

    The NRC received the NRRPT petition for rulemaking on November 24, 
1995. The petition is dated November 17, 1995, and was docketed as PRM-
35-13 on November 27, 1995.

Petitioner's Request

    The petitioner requests that the NRC amend its regulations in 10 
CFR 35.900 specifying training and experience requirements for a 
radiation safety officer. Specifically, the petitioner requests that 
the NRC accept NRRPT registration for the current requirement of 200 
hours of classroom and laboratory training, as specified in 
Sec. 35.900(b)(1), and for nine months of the current one year 
requirement specified in Sec. 35.900(b)(2).
    The petitioner states that the NRRPT Certificate of Registration 
certifies that its holder has met general requirements and passed a 
multiple choice comprehensive examination to test competence in 
fundamental concepts required as a Radiation Protection Technologist.
    The general requirements an applicant for registration must meet 
are as follows:
    1. The applicant shall have a high school diploma or equivalent.
    2. The applicants' minimum age at the time of application shall be 
21 years.
    3. An applicant must have a minimum of five (5) years experience in 
applied radiation protection. Credit, up to a maximum of two (2) years, 
for formal education, company training programs and military training 
programs applicable to the field of radiation protection may be 
substituted for experience.
    4. An applicant must provide two references recommending the 
applicant for approval to take the NRRPT Registration Examination.
    The petitioner states that each successful applicant is also 
required to pass a broad-based multiple choice examination on radiation 
protection. The subject categories and the associated knowledge factors 
used by the petitioner are as follows:
    Applied Radiation Protection: Surveys and Inspections; Emergency 
Preparedness; Evaluating Internal and External Exposures and Controls; 
Prescribed Dosimetry and Radiation Equipment; Contamination Control; 
Radioactive Material Control and Transportation; Guides and Regulation; 
and Procedures and Programs (ALARA);
    Detection and Measurement: Analytical Methods; Instrument 
Calibration and Maintenance; Personnel Dosimetry; and Equipment 
Operation;
    Fundamentals: Sources of Radiation; Biological Effects; Mathematics 
Chemistry; Physics; and Units and Terminology.
    The petitioner states that the examination consists of one-hundred 
fifty ``multiple choice'' type questions based on these elements.

Discussion of the Petition

    The petitioner states that one of the minimum qualifications for 
NRRPT registration is 5 years experience as a radiation protection 
technologist. For some registered members, the requirement of 
Sec. 35.900(b)(2) either currently or as amended in accordance with 
this petition, may be included in their historical work experience upon 
application for registration. For those individuals (who are registered 
in the NRRPT and have three months experience in a medical 
institution), the petitioner believes that the requirement of 
Sec. 35.900(b)(2) would be satisfied and need not be repeated prior to 
eligibility for Radiation Safety Officer at NRC or Agreement State 
licensed medical facilities.
    The petitioner believes that for individuals completing 200 hours 
of classroom and laboratory training required under the current 
requirement of Sec. 35.900(b)(2), the one year full-time work 
experience as a radiation safety technologist at a medical institution 
is appropriate and necessary for hands-on operational experience. The 
petitioner states that the previous work experience and qualifications 
for some registered members of the NRRPT may be reviewed and found 
acceptable for upper level job classifications such as specialist or 
health physicist positions, depending on the job requirements, job 
descriptions, and the needs of the employer.
    The petitioner believes that language should be included in current 
Sec. 35.900 to allow for work in upper-level positions to minimize a 
potential conflict between the specific regulatory requirement for job 
title and the potential availability of upper-level employment for 
registered members.
    The petitioner acknowledges that acceptance for radiation safety 
officers at licensed medical facilities is based on NRC's review of an 
applicant's credentials and experience. The petitioner believes that 
the applicant's credentials and experience may be mitigated at the time 
of the NRC's review. However, the petitioner believes that the current 
Sec. 35.900 allows that certain opportunities for NRRPT, as well as the 
job applicant, may be waived due to an overly restrictive job title.
    In support of the petition, the petitioner has provided a statement 
of the general requirements necessary for an individual to apply for 
registration as a radiation protection technologist, a copy of their 
bylaws, and a copy of the application package.

The Petitioner's Proposed Amendment

    The petitioner recommends the following amendments to 10 CFR Part 
35.
    1. In Sec. 35.900, paragraphs (b) and (c) are redesignated as 
paragraphs (c) and (d), respectively, and a new paragraph (b) is added 
to read as follows:


Sec. 35.900  Radiation Safety Officer.

* * * * *
    (b) Is registered by the National Registry of Radiation Protection 
Technologists and has had three months full-time experience as a 
radiation safety technologist or radiation safety specialist at a 
medical institution under the supervision of the individual identified 
as the Radiation Safety Officer on a Commission or Agreement State 
license that authorizes the use of byproduct material; or
* * * * *

Electronic Access

    Comments may be submitted electronically, in either ASCII text or 
WordPerfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be 
accessed using a personal computer, a modem, and one of the commonly 
available communications software packages, or 

[[Page 4756]]
directly via Internet. Background documents on the petition for 
rulemaking are also available, as practical, for downloading and 
viewing on the bulletin board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number [phone]. Communication software parameters should be set 
as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
Guides'' particularly helpful. Many NRC subsystems and data bases 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, [phone], or by using 
Telnet via Internet: fedworld.gov. If using [phone] to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FedWorld command line. If you access NRC from FedWorld's main 
menu, you may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC Online 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.
    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.
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555-
0001, telephone [phone]; e-mail [e-mail].
    Single copies of this petition for rulemaking may be obtained by 
written request or telefax ([phone]) from: Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, Mail Stop T6-D59, U.S. Nuclear 
Regulatory Commission, Washington DC 20555-0001. Certain documents 
related to this petition for rulemaking, including comments received, 
may be examined at the NRC Public Document Room, 2120 L Street NW. 
(Lower Level), Washington, DC. These same documents may also be viewed 
and downloaded electronically via the Electronic Bulletin Board 
established by NRC for this petition for rulemaking as indicated above.

    Dated at Rockville, Maryland, this 2nd day of February 1996.

    For the Nuclear Regulatory Commission.
John C. Hoyle
Secretary of the Commission.
[FR Doc. 96-2699 Filed 2-7-96; 8:45 am]
BILLING CODE 7590-01-P