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###### Nuclear Regulatory Commission

          - 10 CFR Parts 34, 36 and 39 
          - RIN 3150-AG21 

# AGENCY:

Nuclear Regulatory Commission. 

# ACTION:

Proposed rule. 

# 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                             *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:

                        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 § 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 

(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 § 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 

* * * * *
      ( print 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 § 36.55, paragraph (a) is revised to read as follows: 

§ 36.55 

(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 

* * * * *

(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 

(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