[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Proposed Rules]
[Pages 63753-63754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26989]



Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / 
Proposed Rules

[[Page 63753]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 34, 36 and 39

RIN 3150-AG21


New Dosimetry Technology

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
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 Laboratory Accreditation Program (NVLAP), operated by the 
National Institute of Standards and Technology (NIST).

DATES: Comments on the proposed rules must be received on or before 
November 24, 2000.

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 a.m. 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 <a href="/cdn-cgi/l/email-protection#54373533143a26377a333b22"><span class="__cf_email__" data-cfemail="d2b1b3b592bca0b1fcb5bda4">[email protected]</span></a>.
    For more information, contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or by email to 
<a href="/cdn-cgi/l/email-protection#aedecadceec0dccd80c9c1d8"><span class="__cf_email__" data-cfemail="bdcdd9cffdd3cfde93dad2cb">[email protected]</span></a>.

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: 
<a href="/cdn-cgi/l/email-protection#aceeedf8ecc2decf82cbc3da"><span class="__cf_email__" data-cfemail="55171401153b27367b323a23">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the rules section of this Federal Register.

Procedural Background

    Because the NRC considers this action noncontroversial and routine, 
we are publishing this proposed rule concurrently with a direct final 
rule. The direct final rule will become effective on January 8, 2001. 
However, if the NRC receives significant adverse comments on the direct 
final rule, by November 24, 2000, the NRC will publish a document to 
withdraw the direct final rule. If the direct final rule is withdrawn, 
the NRC will address the comments received in response to the proposed 
revisions in a subsequent final rule. Absent significant modifications 
to the proposed revisions requiring republication, the NRC will not 
initiate a second comment for this action if the direct final rule is 
withdrawn.

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 proposing to adopt 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 Sec. 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:


Sec. 34.47  Personnel monitoring.

    (a) The licensee may not permit any individual to act as a 
radiographer or a 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 Sec. 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 Sec. 34.83.
    (f) Dosimetry reports received from the accredited NVLAP personnel 
dosimeter processor must be retained in accordance with Sec. 34.83.
* * * * *
    3. In Sec. 34.83, paragraphs (c) and (d) are revised to read as 
follows:


Sec. 34.83  Records of personnel monitoring procedures.

* * * * *

[[Page 63754]]

    (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 Sec. 36.55, paragraph (a) is revised to read as follows:


Sec. 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 Sec. 36.81, paragraph (e) is revised to read as follows:


Sec. 36.81  Records and retention periods.

* * * * *
    (e) Evaluations of personnel dosimeters required by Sec. 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 Sec. 39.65, paragraphs (a) and (c) are revised to read as 
follows:


Sec. 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. 00-26989 Filed 10-23-00; 8:45 am]
BILLING CODE 7590-01-P


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