63750 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Rules and Regulations

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 34, 36, and 39

RIN 3150–AG21

New Dosimetry Technology

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations that govern radiological

safety to allow licensees to use any type

of personnel dosimeter that requires

processing to determine the radiation

dose, provided that the processor of the

dosimeter is accredited to process this

type of dosimeter under the National

Voluntary Laboratory Accreditation

Program (NVLAP), operated by the

National Institute of Standards and

Technology (NIST).

DATES: The final rule is effective January

8, 2001 unless significant adverse

comments are received by November 24,

2000. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Mail comments to

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemaking and

Adjudications Staff.

Hand deliver comments to 11555

Rockville Pike, Maryland, between 7.30

am and 4.15 p.m. on Federal workdays.

You may also provide comments via

the NRC’s interactive rulemaking

website (http://ruleforum.llnl.gov). This

site provides the capability to upload

comments as files (any format), if your

web browser supports that function. For

information about the interactive

rulemaking site, contact Ms. Carol

Gallagher, (301) 415–5905, e-mail

CAG@nrc.gov.

For more information, contact the

NRC Public Document Room (PDR)

Reference staff at 1–800–397–4209, 301–

415–4737 or by email to pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

Betty Ann Torres, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, telephone,

(301) 415–0191, email: BAT@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

NRC regulations at 10 CFR Part 20,

Subpart F—Surveys and Monitoring,

§ 20.1501 (c) ‘‘General’’ specify that

whole body personnel dosimeters that

require processing to determine the

radiation dose must be processed and

evaluated by a processor holding

current personnel dosimetry

accreditation under the NVLAP. In

addition, the dosimetry processor must

be approved in this accreditation

process for the types of radiation that

most closely approximate the types of

radiation for which the individual

wearing the dosimeter is monitored.

Although there is no specification in

§ 20.1501, ‘‘General’’ on the type of

NVLAP accredited dosimeters that are

acceptable, other parts of the NRC

regulations, namely Part 34, ‘‘Licenses

for Industrial Radiography and

Radiation Safety Requirements for

Industrial Radiographic Operations;’’

Part 36, ‘‘Licenses and Radiation Safety

Requirements for Irradiators;’’ and Part

39, ‘‘ Licenses and Radiation Safety

Requirements for Well Logging’’ specify

the use of either a film badge or a

thermoluminescent dosimeter (TLD). At

the time that these rules were adopted,

film badges and TLDs were the only

available dosimeters that required

processing to determine the radiation

dose.

Discussion

Modern developments in personnel

dosimetry have produced dosimeters

that have higher sensitivities to

radiation than either film badges or

TLDs, and require processing to

determine the radiation dose. For

example, the Optically Stimulated

Luminescent Dosimeter involves the use

of optical lasers for processing, unlike

the processing for a film badge that

requires photographic development or

the TLD that is processed using heat.

New dosimeter technologies and other

processing techniques are likely to

appear in the near future. Therefore, the

specific references to film badges or

TLDs in 10 CFR 34.47, ‘‘Personnel

Monitoring;’’ § 36.55, ‘‘Personnel

Monitoring;’’ and § 39.65, ‘‘Personnel

Monitoring’’ should be removed to

allow the use of dosimeters that require

alternative processing techniques. This

rule is intended to remove the specific

requirements and to allow the use of

any dosimeter that requires processing

to determine the radiation dose,

provided that the processor of the

dosimeter holds appropriate NVLAP

accreditation.

Discussion of Amendments by Section

Section 34.47 Personnel Monitoring

This section is amended to delete the

limitation to the use of film badges and

TLDs and to allow the use of any

personnel dosimeter that requires

processing to determine the radiation

dose, provided that the processor of the

dosimeter holds appropriate NVLAP

accreditation. The replacement of

dosimeters specified in this section is

also revised to conform to the language

used in paragraph (a) of this section.

Section 34.83 Records of Personnel

Monitoring Procedures

In paragraphs (c) and (d), the existing

requirement to retain exposure records

of lost or damaged film badges or TLDs

until license termination is modified to

use conforming terminology of

‘‘personnel dosimeter’’ in place of ‘‘film

badges or TLDs’.

Section 36.55 Personnel Monitoring

This section is amended to allow

irradiator operators to wear any

personnel dosimeter requiring

processing to determine radiation dose,

provided that the dosimeter is processed

and evaluated by an accredited NVLAP

processor. Processing intervals specified

in this paragraph are also revised to

incorporate conforming language.

Section 36.81 Records and Retention

Periods

This section is modified to use

conforming terminology of ‘‘personnel

dosimeter’’ in place of ‘‘film badges and

TLDs’’.

Section 39.65 Personnel Monitoring

This section is revised to remove the

limitation to the use of film badges and

TLDs, and to permit the use of a

personnel dosimeter that is processed

by an accredited NVLAP processor. The

frequency of processing dosimeters

specified in this paragraph and the

record retention requirement are revised

to incorporate conforming language.

Procedural Background

Because NRC considers this action to

be noncontroversial and routine, the

NRC is using the direct final rule

procedure for this rule. This action will

become effective January 8, 2001.

However, if the NRC receives significant

adverse comments on the associated

proposed rule published concurrently in

the proposed rules section of this

Federal Register, by November 24,

2000, then the NRC will publish a

document that withdraws this action

and will address the comments received

in response to the proposed

amendments. These comments will be

addressed in a subsequent final rule.

Absent significant modifications to the

proposed changes requiring

republication, the NRC will not initiate

a second comment period on this action.

Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Rules and Regulations 63751

Agreement State Compatibility

Under the ‘‘Policy Statement on

Adequacy and Compatibility of

Agreement State Programs’’ approved by

the Commission on June 30, 1997, and

published in the Federal Register on

September 3, 1997, (62 FR 46517), this

direct final rule will be a matter of

compatibility between the NRC and the

Agreement States, thereby providing

consistency among Agreement State and

NRC requirements. A Compatibility

Category ‘‘C’’ designation means an NRC

program element, the essential

objectives of which Agreement States

should adopt to avoid conflicts,

duplication, or gaps in the regulation of

agreement material on a nationwide

basis and that, if not adopted, would

result in an undesirable consequence.

The manner in which the essential

objectives are addressed need not be the

same as NRC provided the essential

objectives are met. A Compatibility

Category ‘‘D’’ designation means an

NRC program element which does not

need to be adopted by Agreement States

for purposes of compatibility.

The revisions to § 34.47 and § 34.83

are classified as Category C, and the

revisions to § 36.55 and § 36.81 are

classified as Category D. The revisions

to § 39.65 are classifed as Category C for

paragraph (a) and Category D for

paragraph (c). Although these sections

are subject to varying degrees of

compatibility with regard to the

Agreement States, this direct final rule

is not expected to affect the

compatibility of the Agreement State

regulations.

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.

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 direct

final rule, the NRC would revise 10 CFR

34.47, 10 CFR 36.55, and 10 CFR 39.65

to allow the use of any dosimeter that

requires processing to determine the

radiation dose, provided that the

processor of the dosimeter holds

appropriate NVLAP accreditation. This

action does not constitute the

establishment of a standard that

establishes generally-applicable

requirements.

Environmental Impact: Categorical

Exclusion

The Commission has determined that

this direct final rule is the type of action

described in categorical exclusion 10

CFR 51.22(c)(2). Therefore, neither an

environmental impact statement nor an

environmental assessment has been

prepared for this direct final rule.

Paperwork Reduction Act Statement

This direct final rule does not contain

a new or amended information

collection requirement 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 Number 3150–0007 for 10

CFR Part 34, Approval Number 3150–

0158 for 10 CFR Part 36, and Approval

Number 3150–0130 for 10 CFR Part 39.

Public Protection Notification

If a means used to impose an

information collection does not display

a currently valid OMB control number,

the NRC may not conduct or sponsor,

and a person is not required to respond

to, the information collection.

Regulatory Analysis

A regulatory analysis has not been

prepared for this direct final rule

because this rule is considered a minor,

nonsubstantive amendment that has no

economic impact on NRC licensees or

the public.

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1966, 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,

Office of Management and Budget.

Regulatory Flexibility Certification

In accordance with the Regulatory

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

the NRC certifies that this rule will not,

if promulgated, have a significant

economic impact on a substantial

number of small entities. This direct

final rule simply amends present

regulations to allow use of any

dosimeter that requires processing to

determine the radiation dose, provided

that the processor of the dosimeter

holds appropriate NVLAP accreditation.

The use of this new technology is

optional and will have no significant

impact on small entities because use of

the new technology is optional and no

changes are being made to affect the use

of the technology currently available.

Backfit Analysis

The NRC has determined that the

backfit rules (10 CFR 50.109, 72.62, or

76.76) do not apply to this direct final

rule because these amendments do not

involve any provisions that would

impose backfits as defined. Therefore a

backfit analysis is not required.

List of Subjects

10 CFR Part 34

Criminal penalties, Packaging and

containers, Radiation protection,

Radiography, Reporting and

recordkeeping requirements, Scientific

equipment, Security measures.

10 CFR Part 36

Byproduct material, Criminal

penalties, Nuclear materials, Reporting

and recordkeeping requirements,

Scientific equipment, Security

measures.

10 CFR Part 39

Byproduct material, Criminal

penalties, Nuclear material, Oil and gas

exploration—well logging, Reporting

and recordkeeping requirements,

Scientific equipment, Security

measures, Source material, Special

nuclear material.

For 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. 553; the NRC is

adopting the following amendments to

10 CFR Parts 34, 36, and 39.

PART 34—LICENSES FOR

RADIOGRAPHY AND RADIATION

SAFETY REQUIREMENTS FOR

RADIOGRAPHIC OPERATIONS

1. The authority citation for Part 34

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). Section

34.45 also issued under sec. 206. as Stat.

1246 (42 U.S.C. 5846).

2. In § 34.47, the introductory text of

paragraph (a), and paragraphs (a)(2),

(a)(3), (a)(4), (d), (e), and (f) are revised

to read as follows:

§ 34.47 Personnel monitoring.

(a) The licensee may not permit any

individual to act as a radiographer or a

63752 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Rules and Regulations

radiographer’s assistant unless, at all

times during radiographic operations,

each individual wears, on the trunk of

the body, a direct reading dosimeter, an

operating alarm ratemeter, and a

personnel dosimeter that is processed

and evaluated by an accredited National

Voluntary Laboratory Accreditation

Program (NVLAP) processor. At

permanent radiography installations

where other appropriate alarming or

warning devices are in routine use, the

wearing of an alarming ratemeter is not

required.

* * * * *

(2) Each personnel dosimeter must be

assigned to and worn only by one

individual.

(3) Film badges must be replaced at

periods not to exceed one month and

other personnel dosimeters processed

and evaluated by an accredited NVLAP

processor must be replaced at periods

not to exceed three months.

(4) After replacement, each personnel

dosimeter must be processed as soon as

possible.

* * * * *

(d) If an individual’s pocket chamber

is found to be off-scale, or if his or her

electronic personal dosimeter reads

greater than 2 millisieverts (200

millirems), and the possibility of

radiation exposure cannot be ruled out

as the cause, the individual’s personnel

dosimeter must be sent for processing

within 24 hours. In addition, the

individual may not resume work

associated with licensed material use

until a determination of the individual’s

radiation exposure has been made. This

determination must be made by the RSO

or the RSO’s designee. The results of

this determination must be included in

the records maintained in accordance

with § 34.83.

(e) If the personnel dosimeter that is

required by paragraph (a) of this section

is lost or damaged, the worker shall

cease work immediately until a

replacement personnel dosimeter

meeting the requirements in paragraph

(a) is provided and the exposure is

calculated for the time period from

issuance to loss or damage of the

personnel dosimeter. The results of the

calculated exposure and the time period

for which the personnel dosimeter was

lost or damaged must be included in the

records maintained in accordance with

§ 34.83.

(f) Dosimetry reports received from

the accredited NVLAP personnel

dosimeter processor must be retained in

accordance with § 34.83.

* * * * *

3. In § 34.83, paragraphs (c) and (d)

are revised to read as follows:

§ 34.83 Records of personnel monitoring

procedures

* * * * *

(c) Personnel dosimeter results

received from the accredited NVLAP

processor until the Commission

terminates the license.

(d) Records of estimates of exposures

as a result of: off-scale personal direct

reading dosimeters, or lost or damaged

personnel dosimeters until the

Commission terminates the license.

PART 36—LICENSES AND RADIATION

SAFETY REQUIREMENTS FOR

IRRADIATORS

4. The authority citation for Part 36

continues to read as follows:

Authority: Secs 81, 82, 161, 182, 183, 186,

68 Stat. 935, 948, 953, 954, 955, as amended,

sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2111, 2112, 2201, 2232, 2233, 2282); secs.

201, as amended, 202, 206, 88 Stat.1242, as

amended 1244, 1246 (42 U.S.C. 5841, 5842,

5846).

5. In § 36.55, paragraph (a) is revised

to read as follows:

§ 36.55 Personnel monitoring.

(a) Irradiator operators shall wear a

personnel dosimeter that is processed

and evaluated by an accredited National

Voluntary Laboratory Accreditation

Program (NVLAP) processor while

operating a panoramic irradiator or

while in the area around the pool of an

underwater irradiator. The personnel

dosimeter processor must be accredited

for high energy photons in the normal

and accident dose ranges (see 10 CFR

20.1501(c)). Each personnel dosimeter

must be assigned to and worn by only

one individual. Film badges must be

processed at least monthly, and other

personnel dosimeters must be processed

at least quarterly.

* * * * *

6. In § 36.81, paragraph (e) is revised

to read as follows:

§ 36.81 Records and retention periods.

* * * * *

(e) Evaluations of personnel

dosimeters required by § 36.55 until the

Commission terminates the license.

* * * * *

PART 39—LICENSES AND RADIATION

SAFETY REQUIREMENTS FOR WELL

LOGGING

7. The authority citation for Part 39

continues to read as follows:

Authority: Secs. 53, 57, 62, 63, 65, 69, 81,

82, 161, 182, 183, 68 Stat. 929, 930, 932, 933,

934, 935, 948, 953, 954, 955, as amended,

sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2073, 2077, 2092, 2093, 2095, 2099, 2111,

2112, 2201, 2232, 2233, 2236, 2282); secs.

201, as amended, 202, 206, 88 Stat.1242, as

amended, 1244, 1246 (42 U.S.C. 5841, 5842,

5846).

8. In § 39.65, paragraphs (a) and (c)

are revised to read as follows:

§ 39.65 Personnel monitoring.

(a) The licensee may not permit an

individual to act as a logging supervisor

or logging assistant unless that person

wears, at all times during the handling

of licensed radioactive materials, a

personnel dosimeter that is processed

and evaluated by an accredited National

Voluntary Laboratory Accreditation

Program (NVLAP) processor. Each

personnel dosimeter must be assigned to

and worn by only one individual. Film

badges must be replaced at least

monthly and other personnel dosimeters

replaced at least quarterly. After

replacement, each personnel dosimeter

must be promptly processed.

* * * * *

(c)The licensee shall retain records of

personnel dosimeters required by

paragraph (a) of this section and

bioassay results for inspection until the

Commission authorizes disposition of

the records.

Dated at Rockville, Maryland, this 27th day

of September, 2000.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 00–26988 Filed 10–23–00; 8:45 am]

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