[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Proposed Rules]
[Pages 42948-42949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21120]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 20
RIN 3150-AF44
Reporting Requirements for Unauthorized Use of Licensed
Radioactive Material
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a
notice of proposed rulemaking that was published in the Federal
Register on January 31, 1996, regarding the intentional unauthorized
use of licensed radioactive material by individuals. The majority of
commenters stated that the costs of implementing the proposed rule
would outweigh the benefits that might result from the rule. After
reviewing these comments, the Commission has reconsidered the need for
the proposed rule and is withdrawing it.
FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington,
D.C. 20555-0001, telephone (301) 415-6230, E-mail [email protected]
SUPPLEMENTARY INFORMATION: On January 31, 1996, the NRC published a
proposed amendment to 10 CFR part 20, in the Federal Register (61 FR
3334), that would have required licensees to report events involving
intentional unauthorized use of licensed radioactive material to the
NRC Operations Center within 24 hours of discovery.
Eighty-six comment letters were received on the proposed rule: 12
from power reactor licensees, 11 from industry representative groups, 8
from Agreement States, 14 from Agreement State licensees, 30 from NRC
material licensees, 10 from private citizens, and one from a public
interest group. Eighty-two of the commenters opposed the proposed rule;
four were in favor of the proposed rule. In addition, comments were
received from the Advisory Committee on Medical Uses of Isotopes
(ACMUI) at a meeting held on February 22, 1996.
The commenters addressed the regulatory analysis, the severity
level that would be assigned to violations for failure to report, and
the backfit analysis as well as the proposed rule itself. Because the
proposed rule is being withdrawn, only the comments received on the
proposed rule itself are discussed here. All of the comments received
on the rule are available for review in the NRC's Public Document Room.
Comment: Forty commenters stated that the concept presented in this
rule was not consistent with the ALARA principle. They also stated that
the rule would require every event of contamination and exposure to be
reported regardless of the level of contamination or exposure. Several
commenters argued that using a reporting threshold that included any
``allegedly intentional'' unauthorized use was too broad and would
result in licensees spending more time and money than the 20 hours to
evaluate an incident estimated in the proposed regulatory analysis for
the proposed rule, and would detract from their ability to perform
their other duties. They stated that this would place an undue burden
on small licensees whose resources are already limited. Thirty-two
commenters suggested that the requirement to report events where
unauthorized use could not be ruled out within 48 hours be deleted.
They stated that it was too vague, burdensome, and restrictive, and
they would be forced to report every contamination to avoid a Severity
Level III violation. Forty-nine commenters suggested that the NRC be
more specific with respect to the type of events to be reported.
Thirty-six commenters suggested that the proposed rule be withdrawn.
They stated that basing a rulemaking on only two incidents was not
justified. Of this group, 26 commenters stated that regulations already
exist to cover such incidents, such as 10 CFR 30.10, Deliberate
misconduct, 10 CFR 20.2201, Reports of theft or loss of licensed
material, 10 CFR 20.2202, Notification of incidents, and 10 CFR
30.50(a), Reporting requirements.
Of the eight Agreement States that provided comments, all stated
that the proposed rule should be withdrawn. One Agreement State
commented that this rule may violate the intent of that State's
Regulatory Reform Act of 1995 that requires the State's regulatory
system not impose excessive, unreasonable, or unnecessary obligations.
Four comments were received in favor of the proposed rule. One
commenter supported the proposed rule without changes; the other three
supported the intent of the proposed rule but suggested changes to
further clarify the intent and to make the rule less burdensome. As
discussed below, the Commission recognizes that regulations already
exist requiring reporting of events when certain established dose
thresholds have been reached. The Commission believes that a
requirement to report events below these established thresholds would
not provide any additional protection and the cost would not be
justified.
Response: The Commission examined the comments received on the
proposed rule, and concluded that a sufficient basis does not exist to
promulgate a rule at this time. The Commission recognizes that
regulations already exist requiring reporting of events when certain
dose thresholds have been reached. The established thresholds in these
existing requirements capture any event where the occupational dose
limits have been exceeded. Therefore, any additional protection
achieved from reporting events below the established thresholds would
be low and the costs of both the reporting by licensees and the
subsequent follow-up actions by the NRC staff would not be justified.
For the above reasons, the Commission is withdrawing the proposed rule.
Dated at Rockville, Maryland, this 4th day of August, 1997.
[[Page 42949]]
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-21120 Filed 8-8-97; 8:45 am]
BILLING CODE 7590-01-P
