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

45147 

Vol. 72, No. 155 

Monday, August 13, 2007 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 990 

RIN 3206–AJ97 

General and Miscellaneous 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing final 

regulations to remove its regulation 

concerning the submission of claims by 

preference eligibles to OPM and the 

recognition of representatives by OPM. 

The purpose of this revision to part 990 

is to eliminate the part because it is 

obsolete. OPM no longer adjudicates 

claims or appeals under sections 3502, 

3503, or 7701 of title 5, United States 

Code. That appellate function was 

vested in the Merit Systems Protection 

Board, created by the Civil Service 

Reform Act of 1978. Accordingly, there 

is no basis to retain the provisions of 

part 990 in the Code of Federal 

Regulations. 

DATES: Effective Date: August 13, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Hakeem Basheerud-Deen at (202) 606– 

1434, Fax: (202) 606–2329, TTY: (202) 

418–3134, or e-mail: hakeem.basheeruddeen@opm.gov. 

SUPPLEMENTARY INFORMATION: On May 

27, 2003, OPM issued proposed 

regulations at Federal Register 68 FR 

28806 to remove and reserve part 990 

from the Code of Federal Regulations. 

No comments were received and the 

proposed rule is adopted as a final rule 

without change. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only certain Federal 

employees. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 5 CFR Part 990 

Administrative practice and 

procedure, Claims, Government 

employees, Veterans. 

U.S. Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ Under the authority of 5 CFR chapter 

I, OPM is removing and reserving 5 CFR 

part 990 as follows: 

PART 990—[REMOVED AND 

RESERVED] 

■ 1. Part 990 is removed and reserved. 

[FR Doc. E7–15662 Filed 8–10–07; 8:45 am] 

BILLING CODE 6325–39–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 32 and 35 

RIN 3150–AI14 

Medical Use of Byproduct Material— 

Minor Corrections and Clarifications 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to correct or clarify the rule 

language in several sections in the 

regulations that govern specific 

domestic licenses to manufacture or 

transfer certain items containing 

byproduct material and medical use of 

byproduct material. The regulations that 

govern medical use of byproduct 

materials were amended in their 

entirety on April 24, 2002 (67 FR 

20249). Subsequently, these regulations 

were amended again to revise the 

training and experience requirements 

for the medical use of byproduct 

material on March 30, 2005 (70 FR 

16336). Through implementation of 

these revised regulations, the NRC has 

identified additional changes that need 

to be made to these regulations. This 

action is necessary to clarify certain 

provisions and to make certain 

conforming changes to the regulations. 

DATES: The final rule is effective on 

October 29, 2007, unless significant 

adverse comments are received by 

September 12, 2007. A significant 

adverse comment is a comment where 

the commenter explains why the rule 

would be inappropriate, including 

challenges to the rule’s underlying 

premise or approach, or would be 

ineffective or unacceptable without a 

change. If the rule is withdrawn due to 

significant adverse comments, timely 

notice will be provided in the Federal 

Register. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the following number 

(RIN 3150–AI14) in the subject line of 

your comments. Comments on 

rulemakings submitted in writing or in 

electronic form will be made available 

to the public in their entirety on the 

NRC rulemaking Web site. Personal 

information, such as name, address, 

phone, e-mail address, etc., will not be 

removed from your submission. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: SECY@nrc.gov. If 

you do not receive a reply e-mail 

confirming that we have received your 

comments, contact us directly at (301) 

415–1966. You may also submit 

comments via the NRC’s rulemaking 

Web site at http://ruleforum.llnl.gov. 

Address questions about our rulemaking 

Web site to Carol Gallagher (301) 415– 

5905; e-mail cag@nrc.gov. Comments 

can also be submitted via the Federal 

eRulemaking Portal http:// 

www.regulations.gov. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

Federal workdays. (Telephone (301) 

415–1966.) Fax comments to: Secretary, 

U.S. Nuclear Regulatory Commission at 

(301) 415–1101. Publicly available 

documents related to this rulemaking 

may be viewed electronically on the 

public computers located at the NRC’s 

Public Document Room (PDR), O1 F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland. The PDR 

reproduction contractor will copy 

documents for a fee. Selected 

documents, including comments, may 


jlentini on PROD1PC65 with RULES
45148 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations 

be viewed and downloaded 

electronically via the NRC rulemaking 

Web site at http://ruleforum.llnl.gov. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this site, the public 

can gain entry into the NRC’s 

Agencywide Document Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. If you do not have 

access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC 

Public Document Room (PDR) Reference 

staff at 1–800–397–4209, 301–415–4737, 

or by e-mail to pdr@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Edward M. Lohr, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415–

0253, e-mail eml1@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The purpose of these amendments is 

to amend 10 CFR Parts 32 and 35 to 

clarify and make certain conforming 

changes related to the NRC’s 

requirements for the medical use of 

byproduct material. 

Discussion 

This direct final rule revises several 

sections in 10 CFR Parts 32 and 35 to 

correct or clarify rule language. It also 

includes conformatory changes that 

should have been incorporated in the 

regulations but were inadvertently left 

out. The changes and clarifications are 

minor in nature and noncontroversial. 

The following changes are being made 

to the regulations: 

Section by Section Analysis 

1. Section 32.72 Manufacture, 

Preparation, or Transfer for Commercial 

Distribution of Radioactive Drugs 

Containing Byproduct Material for 

Medical Use Under Part 35 

During the rulemaking completed in 

2005, conforming changes to § 32.72, to 

reflect the changes made in § 35.55, 

were inadvertently omitted. The 2005 

revision of the training and experience 

requirements for an authorized nuclear 

pharmacist (ANP) in § 35.55 removed 

the requirement for a preceptor 

statement as a condition for recognition 

of a specialty board’s certification 

process. Instead, an individual seeking 

ANP status on an NRC license must 

provide a preceptor statement, in 

addition to documentation of the board 

certification. This amendment makes 

the necessary conforming changes to 

§ 32.72. 

Additionally, certification by the 

Board of Pharmaceutical Specialties is 

removed from § 32.72 because specialty 

boards recognized by the Commission or 

Agreement States are posted on the 

NRC’s web page and are no longer listed 

in NRC regulations. 

2. Section 32.74 Manufacture and 

Distribution of Sources or Devices 

Containing Byproduct Material for 

Medical Use 

Section 32.74(a) states that an 

application will be approved for a 

specific license to manufacture and 

distribute sources and devices 

containing byproduct material to 

persons licensed under Part 35 of this 

chapter for use as a calibration or 

reference source or for the uses listed in 

§§ 35.400, 35.500, and 35.600 if certain 

conditions are met. When Part 35 was 

amended on April 24, 2002 (67 FR 

20249), a new section, § 35.1000, ‘‘Other 

medical uses of byproduct material or 

radiation from byproduct material,’’ was 

added to address radiation safety issues 

associated with new modalities. A 

conforming change should have been 

made in § 32.74(a) to reference 

§ 35.1000, but was inadvertently left 

out. This change amends this section by 

adding § 35.1000 after §§ 35.400, 35.500, 

35.600. 

3. Section 35.2 Definitions 

The definitions in this section include 

both medium-dose rate remote 

afterloader and high-dose rate remote 

afterloader. The medium-dose rate 

remote afterloader is defined as a device 

that remotely delivers a dose rate of 

greater than 2 gray (200 rads), but less 

than 12 gray (1200 rads) per hour at the 

point or surface where the dose is 

prescribed. The high-dose rate remote 

afterloader is defined as delivering a 

dose rate in excess of 12 gray (1200 

rads) per hour at the point or surface 

where the dose is prescribed. The dose 

rate of equal to 12 gray (1200 rads) per 

hour was inadvertently excluded. This 

section is being amended to revise the 

definition of medium dose-rate remote 

afterloader to include ‘‘equal to’’ 12 

gray. In addition, for clarification, the 

phrase ‘‘per hour’’ will be added after 

the phrase ‘‘delivers a dose rate of 

greater than 2 gray (200 rads)’’ to read 

as ‘‘delivers a dose rate of greater than 

2 gray (200 rads) per hour.’’

4. Section 35.41 Procedures for 

Administrations Requiring a Written 

Directive 

Section 35.41(b)(4) requires a licensee 

to have procedures verifying that any 

computer-generated dose calculations 

are correctly transferred into the 

consoles of therapeutic medical units 

authorized by § 35.600. When Part 35 

was amended on April 24, 2002 (67 FR 

20249), a new section, § 35.1000, ‘‘Other 

medical uses of byproduct material or 

radiation from byproduct material,’’ was 

added to address radiation safety issues 

associated with new modalities. A 

conforming change should have been 

made in § 35.41(b)(4) to reference 

§ 35.1000, but was inadvertently left 

out. This changes this section by adding 

§ 35.1000 after § 35.600. 

5. Section 35.75 Release of Individuals 

Containing Unsealed Byproduct 

Material or Implants Containing 

Byproduct Material 

In § 35.75(a), the footnote states that 

NUREG–1556, Vol. 9, ‘‘Consolidated 

Guidance About Materials Licenses: 

Program-Specific Guidance About 

Medical Licenses,’’ describes methods 

for calculating doses to other 

individuals and contains tables of 

activities not likely to cause doses 

exceeding 5 mSv (0.5 rem). NUREG–

1556, Vol. 9, is not the current version 

of this NUREG. The current version, 

‘‘Revision 1,’’ is expected to be revised. 

Thus, the footnote is revised to add the 

phrase ‘‘The current version of’’ before 

the phrase ‘‘NUREG–1556, Vol. 9.’’

6. Section 35.92 Decay-in-Storage 

This section permits decay-in-storage 

by medical use licensees for 

radionuclides with half-lives of less 

than 120 days. This section 

inadvertently excluded radionuclides 

with half-lives equal to 120 days. This 

change revises this section to include 

‘‘equal to’’ 120 days. 

7. Section 35.190 Training for Uptake, 

Dilution, and Excretion Studies 

Section 35.190(a)(1) provides that in 

order for a specialty board’s certification 

process to be recognized, the board must 

require all candidates for certification to 

complete 60 hours of training and 

experience ‘‘that includes the topics 

listed in paragraphs (c)(1)(i) and 

(c)(1)(ii) of this section.’’ The intent of 

the regulation is that candidates must 

obtain their work experience involving 

the topics listed in (c)(1)(ii) under the 

supervision of a specified authorized 

user. The change of the phrase to ‘‘as 

described in paragraphs (c)(1)(i) through 

(c)(1)(ii)(F) of this section,’’ clarifies that 

all of the requirements in 


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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations 45149 

§ 35.190(c)(1)(ii), including that 

candidates must obtain their work 

experience under the supervision of a 

specified authorized user, are also 

applicable to the board certification 

pathway. 

8. Section 35.290 Training for Imaging 

and Localization Studies 

Section 35.290(a)(1) provides that in 

order for a specialty board’s certification 

process to be recognized, the board must 

require all candidates for certification to 

complete 700 hours of training and 

experience ‘‘that includes the topics 

listed in paragraphs (c)(1)(i) and 

(c)(1)(ii) of this section.’’ The intent of 

the regulation is that candidates must 

obtain their work experience involving 

the topics listed in (c)(1)(ii) under the 

supervision of a specified authorized 

user. The change of the phrase to ‘‘as 

described in paragraphs (c)(1)(i) through 

(c)(1)(ii)(G) of this section,’’ clarifies that 

all of the requirements in 

§ 35.290(c)(1)(ii), including that 

candidates must obtain their work 

experience under the supervision of a 

specified authorized user, are also 

applicable to the board certification 

pathway. 

Procedural Background 

This rulemaking will become effective 

on October 29, 2007. However, if the 

NRC receives significant adverse 

comments by September 12, 2007, then 

the NRC will publish a document that 

withdraws the direct final rule and will 

address the comments received in a 

final rule as a response to the 

companion proposed rule published 

elsewhere in this issue of the Federal 

Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the staff to 

make a change (other than editorial) to 

the rule. 

Voluntary Consensus Standards 

The National Technology Transfer Act 

of 1995 (Pub. L. 104–113) requires that 

Federal agencies use technical standards 

that are developed or adopted by 

voluntary consensus standards bodies 

unless the use of such a standard is 

inconsistent with applicable law or 

otherwise impractical. In this final rule, 

the NRC corrects and clarifies the rule 

language in several sections in 10 CFR 

Parts 32 and 35. This action does not 

constitute the establishment of a 

standard that contains generally 

applicable requirements. 

Issues of Compatibility for Agreement 

States 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997 (62 FR 

46517), specific requirements within 

this rule should be adopted by 

Agreement States for purposes of 

compatibility or because of health and 

safety significance. Implementing 

procedures for the Policy Statement 

establish specific categories which have 

been applied to categorize the 

requirements in Parts 32 and 35. A 

Compatibility Category ‘‘A’’ designation 

means the requirement is a basic 

radiation protection standard or deals 

with related definitions, signs, labels, or 

terms necessary for a common 

understanding of radiation protection 

principles. Compatibility Category ‘‘A’’

designated Agreement State 

requirements should be essentially 

identical to those of the NRC. A 

Compatibility Category ‘‘B’’ designation 

means the requirement has significant 

transboundary implications. 

Compatibility Category ‘‘B’’ designated 

Agreement State requirements should be 

essentially identical to those of the NRC. 

A Compatibility Category ‘‘C’’

designation means the essential 

objectives of the requirement should be 

adopted by the State to avoid conflicts, 

duplications, or gaps. The manner in 

which the essential objectives are 

addressed in the Agreement State 

requirement need not be the same as 

NRC provided the essential objectives 

are met. A Compatibility Category ‘‘D’’

designation means the requirement does 

not have to be adopted by an Agreement 

State for purposes of compatibility. The 

Compatibility Category Health and 

Safety (H&S) identifies requirements 

that are not required for compatibility, 

but which have particular health and 

safety significance. Agreement States 

should adopt the essential objectives of 

such requirements in order to maintain 

an adequate program. 

SUMMARY OF NRC RULES WITH COMPATIBILITY OR HEALTH AND SAFETY DESIGNATIONS UNDER THE DIRECT FINAL RULE

COVERING 10 CFR PARTS 32 AND 35 

Section and paragraph Section title 

Category B 

§ 32.72(b)(5) ......................................... Manufacture, preparation, or transfer for commercial distribution of radioactive drugs containing byproduct material for medical use under Part 35. 

§ 32.74(a) .............................................. Manufacture and distribution of sources or devices containing byproduct material for medical use. 

§ 35.190 ................................................ Training for uptake, dilution, and excretion studies. 

§ 35.290 ................................................ Training for imaging and localization studies. 

Category C 

§ 35.75(a) .............................................. Release of individuals containing unsealed byproduct material or implants containing byproduct material. 


jlentini on PROD1PC65 with RULES
45150 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations 

SUMMARY OF NRC RULES WITH COMPATIBILITY OR HEALTH AND SAFETY DESIGNATIONS UNDER THE DIRECT FINAL RULE

COVERING 10 CFR PARTS 32 AND 35—Continued 

Section and paragraph Section title 

Category D 

§ 35.2 .................................................... Definitions—Medium dose-rate remote afterloader. 

§ 35.41(b)(4) ......................................... Procedures for administrations requiring a written directive. 

Category H&S 

§ 35.92 .................................................. Decay-in-storage is an ‘‘H&S’’ for States authorizing this activity and ‘‘D’’ for States that do not authorize this activity. 

Plain Language 

The Presidential Memorandum dated 

June 1, 1998, entitled, ‘‘Plain Language 

in Government Writing’’ directed that 

the Government’s writing be in plain 

language. The NRC requests comments 

on this direct final rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent to the address listed under the 

heading ADDRESSES above. 

Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in the categorical exclusion at 10 CFR 

51.22(c)(2). Therefore neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this final rule. 

Paperwork Reduction Act Statement 

This direct final rule does not contain 

new or amended information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). Existing requirements were 

approved by the Office of Management 

and Budget, approval numbers 3150–

0001 and 3150–0010. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Regulatory Analysis 

A regulatory analysis has not been 

prepared for this direct final rule 

because this rule is considered a minor 

nonsubstantive amendment and it has 

no economic impact on NRC licensees 

or the public. 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the 

Commission certifies that this rule does 

not have a significant economic impact 

on a substantial number of small 

entities. This rule merely corrects or 

clarifies the rule language in several 

sections in 10 CFR parts 32 and 35. 

Backfit Analysis 

The NRC has determined that the 

backfit rule (§§ 50.109, 70.76, 72.62, or 

76.76) does not apply to this final rule 

and therefore, a backfit analysis is not 

required because these amendments do 

not involve any provisions that would 

impose backfits as defined in 10 CFR 

Chapter I. 

Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 

Affairs of OMB. 

List of Subjects 

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. 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553; 

the NRC is adopting the following 

amendments to 10 CFR parts 32 and 35. 

PART 32—SPECIFIC DOMESTIC 

LICENSES TO MANUFACTURE OR 

TRANSFER CERTAIN ITEMS 

CONTAINING BYPRODUCT MATERIAL 

■ 1. 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. 1704, 

112 Stat. 2750 (44 U.S.C. 3504 note), Energy 

Policy Act of 2005, Pub. L. 109–58, 119 Stat. 

594 (2005). 

■ 2. In § 32.72, paragraph (b)(5) is 

revised to read as follows: 

§ 32.72 Manufacture, preparation, or 

transfer for commercial distribution of 

radioactive drugs containing byproduct 

material for medical use under part 35. 

* * * * * 

(b) * * * 

(5) Shall provide to the Commission 

a copy of each individual’s: 

(i)(A) Certification by a specialty 

board whose certification process has 

been recognized by the Commission or 

an Agreement State as specified in 

§ 35.55(a) of this chapter with the 

written attestation signed by a preceptor 

as required by § 35.55(b)(2) of this 

chapter; or 

(B) The Commission or Agreement 

State license; or 

(C) The permit issued by a licensee of 

broad scope; and 

(ii) State pharmacy licensure or 

registration, no later than 30 days after 

the date that the licensee allows, under 

paragraphs (b)(2)(i) and (b)(2)(iii) of this 

section, the individual to work as an 

authorized nuclear pharmacist. 

* * * * * 

■ 3. In § 32.74, the introductory text of 

paragraph (a) is revised to read as 

follows: 

§ 32.74 Manufacture and distribution of 

sources or devices containing byproduct 

material for medical use. 

(a) An application for a specific 

license to manufacture and distribute 

sources and devices containing 

byproduct material to persons licensed 

under part 35 of this chapter for use as 

a calibration, transmission, or reference 

source or for the uses listed in 

§§ 35.400, 35.500, 35.600, and 35.1000 

of this chapter will be approved if: 

* * * * * 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations 45151 

PART 35—MEDICAL USE OF 

BYPRODUCT MATERIAL 

■ 4. 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. 1704, 

112 Stat. 2750 (44 U.S.C. 3504 note). 

■ 5. In § 35.2, the definition of Medium 

dose-rate remote afterloader is revised 

to read as follows: 

§ 35.2 Definitions. 

* * * * * 

Medium dose-rate remote afterloader, 

as used in this part, means a 

brachytherapy device that remotely 

delivers a dose rate of greater than 2 

gray (200 rads) per hour, but less than 

or equal to 12 gray (1200 rads) per hour 

at the point or surface where the dose 

is prescribed. 

* * * * * 

■ 6. In § 35.41, paragraph (b)(4) is 

revised to read as follows: 

§ 35.41 Procedures for administrations 

requiring a written directive. 

* * * * * 

(b) * * * 

(4) Verifying that any computergenerated dose calculations are correctly 

transferred into the consoles of 

therapeutic medical units authorized by 

§§ 35.600 or 35.1000. 

* * * * * 

■ 7. In § 35.75, the text of paragraph (a) 

is republished and footnote 1 is revised 

to read as follows: 

§ 35.75 Release of individuals containing 

unsealed byproduct material or implants 

containing byproduct material. 

(a) A licensee may authorize the 

release from its control of any 

individual who has been administered 

unsealed byproduct material or 

implants containing byproduct material 

if the total effective dose equivalent to 

any other individual from exposure to 

the released individual is not likely to 

exceed 5 mSv (0.5 rem).1

* * * * * 1The current revision of NUREG–1556, 

Vol. 9, ‘‘Consolidated Guidance About 

Materials Licenses: Program-Specific 

Guidance About Medical Licenses’’ describes 

methods for calculating doses to other 

individuals and contains tables of activities 

not likely to cause doses exceeding 5 mSv 

(0.5 rem). 

■ 8. In § 35.92, the introductory text of 

paragraph (a) is revised to read as 

follows: 

§ 35.92 Decay-in-storage. 

(a) A licensee may hold byproduct 

material with a physical half-life of less 

than or equal to 120 days for decay-instorage before disposal without regard to 

its radioactivity if it—

* * * * * 

■ 9. In § 35.190, paragraph (a)(1) is 

revised to read as follows: 

§ 35.190 Training for uptake, dilution, and 

excretion studies. 

* * * * * 

(a) * * * 

(1) Complete 60 hours of training and 

experience in basic radionuclide 

handling techniques and radiation 

safety applicable to the medical use of 

unsealed byproduct material for uptake, 

dilution, and excretion studies as 

described in paragraphs (c)(1)(i) through 

(c)(1)(ii)(F) of this section; and 

* * * * * 

■ 10. In § 35.290, paragraph (a)(1) is 

revised to read as follows: 

§ 35.290 Training for imaging and 

localization studies. 

* * * * * 

(a) * * * 

(1) Complete 700 hours of training 

and experience in basic radionuclide 

handling techniques and radiation 

safety applicable to the medical use of 

unsealed byproduct material for imaging 

and localization studies as described in 

paragraphs (c)(1)(i) through (c)(1)(ii)(G) 

of this section; and 

* * * * * 

Dated at Rockville, Maryland, this 31st day 

of July, 2007. 

For the Nuclear Regulatory Commission. 

Martin J. Virgilio, 

Acting Executive Director for Operations. 

[FR Doc. 07–3976 Filed 8–10–07; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28940; Directorate 

Identifier 2007–NM–131–AD; Amendment 

39–15158; AD 2007–16–19] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–200B, 747–300, and 747–

400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–200B, 747–300, and 

747–400 series airplanes. This AD 

requires doing repetitive detailed 

inspections for cracking of the aft 

tension tie channels from body station 

(BS) 1120 to BS 1220 and from BS 880 

to BS 1100, and corrective actions if 

necessary. This AD results from cracks 

found in the aft tension tie channels at 

four station locations, on a Model 747–

200B series airplane that had been 

modified to a special freighter. We are 

issuing this AD to detect and correct 

cracking of the aft tension tie channels; 

failure of more than one tension tie 

could result in rapid depressurization of 

the airplane. 

DATES: This AD becomes effective 

August 28, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of August 28, 2007. 

We must receive comments on this 

AD by October 12, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room W12–140 on 

the ground floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6437; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received a report indicating 

that cracks were found in the aft tension 

tie channels at four station locations, on 

a Model 747–200B series airplane that 


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