This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

20489 

Vol. 76, No. 71 

Wednesday, April 13, 2011 

DEPARTMENT OF ENERGY 

10 CFR Part 835 

[Docket No. HS–RM–09–835] 

RIN 1992–AA–45 

Occupational Radiation Protection 

AGENCY: Office of Health, Safety and 

Security, Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) today amends the values in 

appendix C to its Occupational 

Radiation Protection requirements. The 

derived air concentration values for air 

immersion are calculated using several 

parameters. One of these, exposure time, 

is better represented by the hours in the 

workday, rather than the hours in a 

calendar day, and is therefore used in 

the revised calculations. 

DATES: This rule is effective May 13, 

2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Judith Foulke, U.S. Department of 

Energy, Office of Worker Safety and 

Health Policy, 1000 Independence 

Avenue, SW., Washington, DC 20585; 

(301) 903–5865, e-mail: 

Judy.Foulke@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The requirements in title 10, Code of 

Federal Regulations, part 835 (10 CFR 

part 835), Occupational Radiation 

Protection, are designed to protect the 

health and safety of workers at 

Department of Energy (DOE) facilities. 

One situation that must be addressed is 

the exposure of workers to radioactive 

material dispersed in the air. Based on 

calculations involving doses to the 

organs of the body, levels of 

contamination in the air that will not 

cause the dose limits for workers to be 

exceeded are established for specified 

radionuclides. These values are given in 

appendix C. DOE first published a final 

rule on December 14, 1993, (58 FR 

65485), amending 10 CFR part 835. In 

the June 8, 2007, (72 FR 31903) 

amendment to part 835, DOE revised the 

values in appendix C to part 835, 

Derived Air Concentration (DAC) for 

Workers from External Exposure during 

Immersion in a Cloud of Airborne 

Radioactive Material. The calculations 

done for the 2007 amendment were 

based on a 24-hour day. However, to be 

consistent with other occupational 

exposure scenarios, such as those used 

in developing the appendix A DACs, an 

8-hour per day exposure scenario is 

more reasonable. 

DOE proposed amending the values in 

appendix C to take account of the 

8-hour per day exposure scenario on 

January 25, 2011 (76 FR 4258). Today’s 

final rule modifies 10 CFR part 835 

appendix C values resulting from 

calculations using an 8-hour day. 

II. Discussion of Changes to 10 CFR 835 

The values for air immersion derived 

air concentrations in the present part 

835 are based on a 24-hour day. Because 

the work day is 8 hours long, it was 

decided to base calculations of air 

immersion derived concentrations on an 

8-hour day for workers occupationally 

exposed. 

DOE received two comments from one 

commenter. The commenter stated that 

the derived conversion factors differed 

by a factor of 20 billion to 70 billion. 

DOE noted that values calculated in Bq/ 

m3 and in μCi/L differ by a factor of 37 

billion, but use of truncated numbers 

explained the difference. The 

commenter stated that the half-life of 

Kr-77 was wrong. DOE agreed with the 

correct value and replaced the incorrect 

value. 

A second commenter stated that the 

change in calculation for exposure time 

from calendar day hours to workday 

hours will lessen the amount of 

protection provided to employees. The 

commenter incorrectly stated that the 

effects of the radiation will continue 

after the employees have gone home. 

These radionuclides in appendix C are 

inert gases and are not absorbed by the 

body; they affect the worker only while 

immersed in a cloud of airborne 

radioactivity. 

A third commenter agreed with DOE’s 

approach. 

III. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 835 

Federal buildings and facilities, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Nuclear safety, Occupational safety and 

health, Radiation protection, and 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on March 28, 

2011. 

Glenn S. Podonsky, 

Chief Health, Safety and Security Officer, 

Office of Health, Safety and Security. 

Accordingly, for the reasons set forth 

in the preamble, part 835 of Chapter III 

of Title 10 of the Code of Federal 

Regulations is amended as set forth 

below: 

PART 835—OCCUPATIONAL 

RADIATION PROTECTION 

■ 1. The authority citation for part 835 

continues to read as follows: 

Authority: 42 U.S.C. 2201, 7191; 50 U.S.C. 

2410. 

■ 2. In appendix C to part 835, the table 

at the end of paragraph c. is removed 

and a new table is added to read as 

follows: 

Appendix C to Part 835—Derived Air 

Concentration (DAC) for Workers From 

External Exposure During Immersion in 

a Cloud of Airborne Radioactive 

Material 

* * * * * 

c. * * * 

AIR IMMERSION DAC 

Radionuclide Half-life (μCi/mL) (Bq/m3) 

Ar-37 ........ 35.02 d ... 3E+00 1E+11 

Ar-39 ........ 269 yr ..... 1E–03 5E+07 

Ar-41 ........ 1.827 h ... 3E–06 1E+05 

Kr-74 ........ 11.5 min 3E–06 1E+05 

Kr-76 ........ 14.8 h ..... 1E–05 3E+05 

Kr-77 ........ 74.7 min 4E–06 1E+05 

Kr-79 ........ 35.04 h ... 1E–05 6E+05 

Kr-81 ........ 2.1E+05 

yr.

7E–04 2E+07 

Kr-83m ..... 1.83 h ..... 7E–02 2E+09 

Kr-85 ........ 10.72 yr .. 7E–04 2E+07 

Kr-85m ..... 4.48 h ..... 2E–05 1E+06 

Kr-87 ........ 76.3 min 4E–06 1E+05 

Kr-88 ........ 2.84 h ..... 1E–06 7E+04 


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20490 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

AIR IMMERSION DAC—Continued 

Radionuclide Half-life (μCi/mL) (Bq/m3) 

Xe-120 ..... 40.0 min 1E–05 4E+05 

Xe-121 ..... 40.1 min 2E–06 8E+04 

Xe-122 ..... 20.1 h ..... 8E–05 3E+06 

Xe-123 ..... 2.14 h ..... 6E–06 2E+05 

Xe-125 ..... 16.8 h ..... 1E–05 6E+05 

Xe-127 ..... 36.406 d 1E–05 6E+05 

Xe-129m .. 8.89 d ..... 2E–04 7E+06 

Xe-131m .. 11.84 d ... 5E–04 1E+07 

Xe-133 ..... 5.245 d ... 1E–04 5E+06 

Xe-133m .. 2.19 d ..... 1E–04 5E+06 

Xe-135 ..... 9.11 h ..... 1E–05 6E+05 

Xe-135m .. 15.36 min 1E–05 3E+05 

Xe-138 ..... 14.13 min 3E–06 1E+05 

* * * * * 

[FR Doc. 2011–8836 Filed 4–12–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Part 563e 

Community Reinvestment 

CFR Correction 

In Title 12 of the Code of Federal 

Regulations, Parts 500 to 599, revised as 

of January 1, 2011, on page 278, in 

§ 563e.12, the heading of paragraph (u) 

and paragraph (u)(1) are corrected to 

read as follows: 

§ 563e.12 Definitions. 

* * * * * 

(u) Small savings association—(1) 

Definition. Small savings association 

means a savings association that, as of 

December 31 of either of the prior two 

calendar years, had assets of less than 

$1.122 billion. Intermediate small 

savings association means a small 

savings association with assets of at 

least $280 million as of December 31 of 

both of the prior two calendar years and 

less than $1.122 billion as of December 

31 of either of the prior two calendar 

years. 

* * * * * 

[FR Doc. 2011–8795 Filed 4–12–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 27 

[Docket No. SW026; Special Conditions No. 

27–026–SC] 

Special Conditions: Eurocopter France 

Model AS350B Series, AS350D, and 

EC130 Helicopters, Installation of a 

Hoh Aeronautics, Inc. Autopilot/ 

Stabilization Augmentation System 

(AP/SAS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the modification of the 

Eurocopter France (Eurocopter) model 

AS350B series, AS350D, and EC130 

helicopters. These model helicopters 

will have novel or unusual design 

features when modified by installing the 

Hoh Aeronautics, Inc. (Hoh) complex 

autopilot/stabilization augmentation 

system (AP/SAS) that has potential 

failure conditions with more severe 

adverse consequences than those 

envisioned by the existing applicable 

airworthiness regulations. These special 

conditions contain the added safety 

standards the Administrator considers 

necessary to ensure the failures and 

their effects are sufficiently analyzed 

and contained. 

DATES: The effective date of these 

special conditions is March 31, 2011. 

We must receive your comments by 

June 13, 2011. 

ADDRESSES: You may send your 

comments by e-mail to: 

john.vanhoudt@faa.gov; by mail to: 

Federal Aviation Administration, 

Rotorcraft Directorate, Attn: John 

VanHoudt (ASW–111), Special 

Conditions Docket No. SW026, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; or by delivering your comments 

to the Rotorcraft Directorate at the 

indicated address. You must mark your 

comments: Docket No. SW026. You can 

inspect comments in the special 

conditions docket on weekdays, except 

Federal holidays, between 8:30 a.m. and 

4 p.m., in the Rotorcraft Directorate. 

FOR FURTHER INFORMATION CONTACT: John 

VanHoudt, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group (ASW–111), 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5167; 

facsimile (817) 222–5961; or e-mail to 

john.vanhoudt@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Reason for No Prior Notice and 

Comment Before Adoption 

The substance of these special 

conditions has been subjected to the 

notice and comment period previously 

and has been derived without 

substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Further, a delay in the 

effective date of these special conditions 

would significantly delay issuance of 

the design approval and thus delivery of 

the helicopter, which is imminent. 

Therefore, the FAA has determined that 

prior public notice and comment are 

unnecessary, impracticable, and 

contrary to the public interest, and finds 

good cause exists for adopting these 

special conditions upon issuance. The 

FAA is requesting comments to allow 

interested persons to submit views that 

may not have been submitted in 

response to the prior opportunities for 

comment. 

Comments Invited 

While we did not precede this with a 

notice of proposed special conditions, 

we invite interested people to take part 

in this action by sending written 

comments, data, or views. The most 

helpful comments reference a specific 

portion of the special conditions, 

explain the reason for any 

recommended change, and include 

supporting data. 

We will file in the special conditions 

docket all comments we receive, as well 

as a report summarizing each 

substantive public contact with FAA 

personnel about these special 

conditions. You can inspect the docket 

before and after the comment closing 

date. If you wish to review the docket 

in person, go to the address in the 

ADDRESSES section of this document 

between 8:30 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to let you know we 

received your mailed comments on 

these special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On February 5, 2010, Hoh submitted 

an application to the FAA’s Los Angeles 


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