Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38511

and all deficiencies have been corrected,

the borrower:

(i) Assembles and distributes the

documents listed in the following table

that are required for the closeout of the

special equipment contract. The

documents listed for RUS shall be

retained by the borrower for inspection

by RUS for at least two years from the

date of the engineer’s contract closeout

certification.

DOCUMENTS REQUIRED TO CLOSEOUT SPECIAL EQUIPMENT CONTRACTS RUS FORMS 397 AND 398

RUS Form No. Description

No. of copies prepared by

Form 397 Form 398 Distribution

Contractor Engineer Contractor Engineer Borrower Contractor

238 .................... Construction or Equipment Contract

Amendment (If not previously submitted, send to RUS for approval.).

.................... (3) .................... (3) (to RUS)

396 .................... Certificate of Completion—Special

Equipment Contract (Including Installation).

.................... 2 .................... .................... 1 1

396a .................. Certificate of Completion—Special

Equipment Contract (Not Including

Installation).

.................... .................... .................... 2 1 1

744 .................... Certificate of Contractor and Indemnity Agreement.1 .................... .................... .................... 1 ....................

213 .................... Certificate (Buy American) ................. 1 .................... 1 .................... 1 ....................

None ................. Report in writing, including all measurements and other information required under Part II of the applicable specifications.1 .................... .................... 1 1 ....................

None ................. Set of maintenance recommendations for all equipment furnished

under the contract.

1 .................... 1 .................... 1 ....................

(ii) Obtains certifications from the

licensed engineer that the project and

all required documentation are

satisfactory and complete. Requirements

for this contract closeout certification

are set forth in § 1753.18.

(iii) Submits copies of the engineer’s

certifications to RUS with the FRS

requesting the remaining funds on the

contract.

(iv) Makes final payment in

accordance with the payment terms of

the contract.

27. In § 1753.76, paragraph (a) is

revised to read as follows:

§ 1753.76 General.

(a) This subpart implements and

explains the provisions of the Loan

Documents setting forth the

requirements and procedures to be

followed by borrowers for minor

construction of telecommunications

facilities using RUS loan funds. Terms

used in this subpart are defined in

§ 1753.2.

* * * * *

28. In § 1753.80, paragraph (b) is

revised to read as follows:

§ 1753.80 Minor construction procedure.

* * * * *

(b) RUS financing under Form 773

contracts dated in the same calendar

year is limited to the following amounts

for the following discrete categories of

minor construction. The date of the

Form 773 contract is the date the Form

773 contract is executed.

(1) For outside plant construction, the

limit is $500,000 or ten per cent (10%)

of the borrower’s previous calendar

year’s outside plant total construction,

whichever is greater.

(2) For central office equipment, the

limit is $500,000.

(3) For special equipment and

buildings, the limit is $250,000.

* * * * *

29. Appendices A through F are

removed.

Dated: July 8, 1998.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 98–18759 Filed 7–16–98; 8:45 am]

BILLING CODE 3410–15–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 20

RIN 3150–AF81

Respiratory Protection and Controls

To Restrict Internal Exposures

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is proposing to

amend its regulations regarding the use

of respiratory protection and other

controls to restrict internal exposure to

radioactive material. The proposed

amendments are intended to make these

regulations more consistent with the

philosophy of controlling the sum of

internal and external radiation

exposure, reflect current guidance on

respiratory protection from the

American National Standards Institute

(ANSI), and make the requirements less

prescriptive without reducing worker

protection. The proposed amendments

would provide greater assurance that

worker exposures will be maintained as

low as is reasonably achievable

(ALARA) and that recent technological

advances in respiratory protection

equipment and procedures are reflected

in NRC regulations and are thus clearly

approved for use by licensees.

DATES: Submit comments by September

30, 1998. Comments received after this

date will be considered if it is practical

to do so, but the Commission is able to

assure consideration only for comments

received on or before this date.

ADDRESSES: Send comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemakings and

Adjudications Staff.

The NRC staff specifically requests

comment on whether the technical

aspects of the rule should be addressed

through alternative approaches other

than the proposed rule, such as a simple
38512 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

performance-based rule with a

Regulatory Guide endorsing ANSI

standards to permit a more rapid

regulatory response by the NRC to

future technical developments and

changes in industry consensus

standards.

In addition to comments on this

proposed rule, the NRC staff requests

specific comments and suggestions

regarding the content and scope of a

planned revision of NUREG–0041,

‘‘Manual of Respiratory Protection

Against Airborne Radioactive

Materials.’’

Hand deliver comments to: 11555

Rockville Pike, Rockville, Maryland

between 7:30 am and 4:15 pm Federal

workdays.

You may also provide comments via

the NRC’s interactive rulemaking web

site through the NRC home page (http:/

/www.nrc.gov). This site provides the

availability 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.

Certain documents related to this

rulemaking, including comments

received and the environmental

assessment and finding of no significant

impact, and NUREG–0041, may be

examined at the NRC Public Document

Room, 2120 L Street NW. (Lower Level),

Washington, DC. These same documents

also may be viewed and downloaded

electronically via the interactive

rulemaking website established by NRC

for this rulemaking.

Single copies of the environmental

assessment and finding of no significant

impact and the regulatory analysis may

be obtained from Antoinette Walker,

Office of Nuclear Reactor Regulation,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555, telephone: (301)

415–1282.

Single copies of the draft revision of

Regulatory Guide 8.15, ‘‘Acceptable

Programs for Respiratory Protection,’’

which is related to this rulemaking, may

be obtained by writing to: U.S. Nuclear

Regulatory Commission, Printing and

Graphics Branch, Washington, DC

20555–0001; or by fax at (301) 415–

5272.

FOR FURTHER INFORMATION CONTACT:

Alan K. Roecklein, Office of Nuclear

Reactor Regulation, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone (301) 415–

3883; email AKR@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A major revision of 10 CFR Part 20,

‘‘Standards for Protection Against

Radiation,’’ was published on May 21,

1991 (56 FR 23360). Although the NRC

was aware that certain provisions of

Subpart H and Appendix A to Part 20

were out of date and did not reflect new

technology in respiratory devices and

procedures, minimal changes were

made because an ANSI standard was

being prepared that was expected to

provide state-of-the-art guidance on

acceptable respiratory protection

devices and procedures. The NRC

decided to address further revisions to

Subpart H and Appendix A to Part 20

when the ANSI guidance was complete.

In response to public comments on

the proposed 10 CFR Part 20, the NRC

made several changes to Subpart H in

the May 21, 1991, rule to make it

consistent with the new philosophy and

science underlying the new Part 20. The

new Subpart H required that the

practice of ALARA apply to the sum of

internal and external dose, permitted

correction of both high and low initial

intake estimates if subsequent, more

accurate bioassay measurements gave

different results, and clarified that a

respiratory protection program

consistent with Subpart H is required

whenever respirators are used to limit

intakes of radioactive material.

After 10 CFR Part 20 was revised,

ANSI Z88.2–1992, ‘‘American National

Standard for Respiratory Protection’’

was approved for publication by the

American National Standards Institute.

This document provides an

authoritative consensus on major

elements of an acceptable respiratory

protection program, including guidance

on respirator selection, training, fit

testing, and assigned protection factors

(APF). Consistent with the publication

of ANSI Z88.2–1992 the NRC is

proposing these changes to Subpart H of

Part 20 to make the regulations less

prescriptive without reducing worker

protection.

II. Summary of the Proposed Changes

The Commission is proposing to

amend § 20.1003, §§ 20.1701 through

20.1704 in Subpart H, ‘‘Respiratory

Protection and Controls to Restrict

Internal Exposure in Restricted Areas,’’

of 10 CFR Part 20, and Appendix A to

Part 20, ‘‘Protection Factors for

Respirators’’.

In § 20.1003, Definitions, definitions

are proposed for Assigned protection

factor (APF), Disposable respirator, Fit

check, Fit factor and Fit test. These

added definitions are needed to add

clarity to the proposed regulations at

§§ 20.1701 through §§ 20.1705.

In § 20.1701, Use of process or other

engineering controls, the word

‘‘decontamination’’ would be added to

the list of examples of process or

engineering controls that should be

considered for controlling the

concentration of radioactive material in

air. The intent is to encourage licensees

to consider decontamination, consistent

with maintaining total effective dose

equivalent (TEDE) ALARA, to reduce

resuspension of radioactive material in

the work place as a means of controlling

internal exposure instead of using

respirators.

Section 20.1702 would be revised by

adding a footnote (2) to § 20.1702(c) to

clarify that if a licensee performs an

ALARA analysis to determine whether

or not respirators should be used, safety

factors other than radiological may be

taken into account. A reduction in the

TEDE for a worker is not reasonably

achievable if an attendant increase in

the workers’ industrial health and safety

risk would exceed the benefit obtained

by the reduction in the radiation risk.

Regulatory Guide 8.15 (DG–8022) and

NUREG–0041 will address in more

detail how factors such as heat,

discomfort, reduced vision, etc.,

associated with respirator use, might

reduce efficiency or increase stress

thereby increasing external dose or

health risk. Considerable licensee

judgment is necessary in determining an

appropriate level of respiratory

protection in many cases.

Section 20.1703 states the

requirements for licensees who use

respiratory protection equipment to

limit intake of radioactive material. The

use of a respirator is by definition

intended to limit intakes of airborne

radioactive materials, unless the device

is clearly and exclusively used for

protection against non-radiological

airborne hazards. Whether or not credit

is taken for the device in estimating

doses, it is the use of the respiratory

protection device to limit intake of

radioactive material and associated

physiological stresses that would

activate the requirements of § 20.1703.

Thus § 20.1703 can be viewed as

defining the minimum respiratory

protection program expected of any

licensee who assigns or permits the use

of respirators.

In § 20.1703(a), the phrase ‘‘pursuant

to § 20.1702’’ would be deleted. This

language has been misinterpreted to

mean that an approved respiratory

protection program is not needed if

respirators are used when

concentrations of radioactive material in

air are already below values that define

an airborne radioactivity area. This is

not the case and the proposed § 20.1703

should make it clear that, if a licensee

uses respiratory protection equipment
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38513

‘‘to limit intakes,’’ the provisions of

§ 20.1703 apply as a minimum.

In § 20.1703(a)(1), (proposed

§ 20.1703(a)), licensees are permitted to

use only respirators that have been

tested and certified ‘‘or had certification

extended’’ by NIOSH. The words ‘‘or

had certification extended’’ would be

deleted because all these extensions

have expired and no new extensions

will be granted.

In § 20.1703(a)(2), (proposed

§ 20.1703(b)), licensees are permitted to

apply for authorization to use

equipment that has not been tested or

certified by NIOSH and ‘‘has not had

certification extended by NIOSH/

MSHA.’’ The words ‘‘has not had

certification extended by NIOSH/

MSHA’’ would be deleted because all

these extensions have expired and no

new extensions will be granted. The

words ‘‘to the NRC’’ are added to make

it clear that applications for authorized

use of respiratory equipment are to be

submitted to the Commission.

In § 20.1703(a)(3), (proposed

§ 20.1703(c)), paragraphs (c)(1) through

(5) are retained as presently codified

with the exception of some minor

editing and that paragraph (c)(4) would

be reworded to improve clarity, reorder

priorities, and bring together in one

paragraph all of the elements of the

required written procedures. Paragraph

(c)(5) would be revised to clarify that

the worker’s medical evaluation for

using non-face sealing respirators occurs

prior to first field use rather than prior

to first fitting (as required for tight

fitting respirators) because fit testing is

not needed for these types.

A new § 20.1703(c)(6) would be added

to require fit testing prior to first field

use of tight fitting, face sealing

respirators and periodically thereafter.

This proposed change would clarify

when and how often fit testing is

required. The licensee would specify a

frequency of retest in the procedures,

not to exceed 3 years. This differs from

the ANSI recommendation of annual fit

testing. The NRC believes that if a

licensee is alert to physiological changes

that might affect an individual’s ability

to wear a respirator safely, annual fit

testing is an excessive burden. A

requirement to wear properly fitted

respirators is currently in the footnotes

to Appendix A to Part 20 and would be

moved to the body of the rule. Several

general programmatic requirements

currently found in footnotes to

Appendix A to Part 20 would be moved

to the text of the rule where they more

appropriately belong and to ensure that

they are not overlooked by licensees.

The new § 20.1703(c)(6) would also

codify existing NRC staff guidance and

ANSI recommendations regarding the

test ‘‘fit factors’’ that must be achieved

in order to use the APFs and the

frequency of fit testing. Specifically, fit

testing with ‘‘fit factors’’ ≥10 times the

APF would be required for negative

pressure devices. A fit factor ≥100

would be required for all tight fitting

face pieces used with positive pressure,

continuous flow, and pressure-demand

devices. This provision is intended to

maintain a sufficient margin of safety to

accommodate the greater difficulty in

maintaining a good ‘‘fit’’ under field and

work conditions as compared to fit test

environments.

The proposed § 20.1703(c)(6) would

also require retesting at a frequency not

to exceed 3 years. Guidance in the

proposed revision of Regulatory Guide

8.15 (DG–8022) on the frequency of fit

testing suggests a retest period not to

exceed 3 years. Currently, most

licensees perform annual fit testing. The

proposed 3-year retesting does not agree

with the ANSI recommendation for

annual retesting. The NRC believes that

a 3-year interval between fit tests is

adequate to protect workers under

normal circumstances, given adequate

surveillance of workers for

physiological changes. Regulatory Guide

8.15 discusses what constitutes an

adequate surveillance program,

including being alert to circumstances

such as significant weight loss or gain,

facial changes, etc., that would suggest

more frequent fit testing. Transient

workers might require more frequent

retesting because continuous monitoring

for physiological changes is

impracticable.

The current § 20.1703(a)(4), which

lists requirements for licensees to issue

a written policy statement, would be

deleted because the NRC believes that

this policy statement is not needed. This

change is proposed because all of the

elements required to be in the policy

statement are already found in Part 20

and in the requirement for licensees to

have and implement written procedures

(see proposed § 20.1703(c)(4)).

Section 20.1703(a)(6) would become

§ 20.1703(e) and would be clarified and

expanded to emphasize the existing

requirements that provisions be made

for vision correction, adequate

communications, and low-temperature

work environments. In order to comply

with these requirements, a licensee

would need to take into account the

effects of restricted vision and

communication limitations as well as

the effects of adverse environmental

conditions on the equipment and the

wearer. The NRC considers the inability

of the respirator wearer to read postings,

operate equipment and/or

instrumentation, or properly identify

hazards to be an unacceptable

degradation of personnel safety.

A requirement for licensees to

consider low-temperature work

environments when selecting

respiratory protection devices would be

added to the proposed § 20.1703(e). For

example, the moisture from exhaled air

when temperatures are below freezing

could cause the exhalation valve on

negative pressure respirators to freeze in

the open position. The open valve

would provide a pathway for unfiltered

air into the respirator inlet covering

without the user being aware of the

malfunction. Lens fogging that reduces

vision in a full face piece respirator is

another problem that can be caused by

low temperature.

The reference to skin protection

currently found in § 20.1703(a)(6) would

be deleted in the proposed § 20.1703(e).

The NRC does not consider skin

protection an appropriate reason for the

use of respirators (with the exception of

air supplied suits). Limitation of skin

dose is currently dealt with elsewhere

in the regulations for example in

§ 20.1201(a)(2)(ii), skin dose limit. It

may be inconsistent with ALARA to use

tight fitting respirators solely to prevent

facial contamination; other protective

measures such as the use of facelets

instead of respirators or

decontamination should be considered.

Facial contamination may result in a

less significant dose than that received

as a result of respirator use or prior

decontamination of the area.

A new § 20.1703(f) would be added to

bring a requirement for standby rescue

persons, currently found in a footnote in

Appendix A to Part 20, into the rule.

This new paragraph would retain a

requirement for the presence of standby

rescue persons whenever one-piece

atmosphere-supplying suits, or any

other combination of supplied air

respirator device and protective

equipment are used that are difficult for

the wearer to take off unassisted.

Standby rescue workers would also

need to be in direct communication

with such workers, be equipped with

appropriate protective clothing and

devices, and be immediately available to

provide needed assistance in the event

that the air supply fails. Without

continuous air supply, unconsciousness

can occur within seconds.

A new § 20.1703(g) would move a

requirement from a footnote in

Appendix A to Part 20, into the rule.

This section would specify the

minimum quality of supplied breathing

air, as defined by the Compressed Gas

Association (CGA) in their publication

G–7.1, ‘‘Commodity Specification for
38514 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

Air,’’ 1989 (ANSI–CGA G–7.1, 1989),

that must be provided whenever

atmosphere-supplying respirators are

used. This change to recognizing the

CGA recommendations for air quality

was initiated by NIOSH and endorsed

by ANSI. The quantity of air supplied,

as a function of air pressure or flow rate,

would be specified in the NIOSH

approval certificate for each particular

device and is not addressed in the

proposed rule.

A new § 20.1703(h) is added to clarify

and move a requirement from the

footnotes of Appendix A to Part 20, into

the rule. This section prohibits the use

of respirators whenever any material or

substance might interfere with the seal

of the respirator. The intent of this

provision is to prevent the presence of

facial hair, cosmetics, spectacle

earpieces, surgeons caps, and other

things from interfering with the

respirator seal and/or proper operation

of the respirator.

Currently, § 20.1703(b)(1) discusses

selection of respiratory protection

equipment so that protection factors are

adequate to reduce intake. This

paragraph permits selection of less

protective devices if that would result in

optimizing TEDE. The NRC believes that

this requirement is redundant with the

requirement to be ALARA. These

recommendations are being removed

and will be discussed in the revised

Regulatory Guide 8.15.

The remainder of § 20.1703(b)(1)

would become § 20.1703(i) and be

revised to incorporate the new ANSI

terminology for ‘‘assigned protection

factor’’ and to retain the provision for

changing intake estimates if later, more

accurate bioassay measurements show

that exposure was greater or less than

initially estimated.

Current § 20.1703(b)(2), specifying

procedures for applying to the NRC to

use higher APFs, is renumbered as

§ 20.1705.

Current § 20.1703(c) would be

removed because it requires licensees to

use as emergency devices only

respiratory protection equipment that

has been specifically certified or had

certification extended for emergency use

by NIOSH. This approval category no

longer exists. Acceptable types of

emergency and escape equipment will

be discussed in the revisions of

Regulatory Guide 8.15 and NUREG–

0041. Because only equipment approved

by NIOSH or NRC can be used in the

respiratory protection program pursuant

to § 20.1703(a) and (b), this provision is

considered redundant.

Current § 20.1703(d) would be

deleted. This section currently requires

a licensee to notify in writing the

director of the appropriate NRC

Regional Office at least 30 days before

the date that respiratory protection

equipment is first used under the

provisions of either current § 20.1703(a)

or (b). All licensees who possess

radioactive material in a form that

requires a respiratory protection

program are identified during the

license application, amendment, or

renewal processes. Their programs

would be reviewed during this process.

A 30-day notification requirement

imposes a needless administrative

burden on licensees with no increase in

worker health and safety. This proposed

change is considered to be a burden

reduction.

Section 20.1704(a) would be revised

to clarify that ALARA considerations

are included in any restrictions imposed

by the Commission in addition to those

found in §§ 20.1702, 20.1703, and

Appendix A to Part 20 on the use of

respiratory protection equipment for the

purpose of limiting exposures of

individuals to airborne radioactive

materials.

Appendix A to Part 20—‘‘Protection

Factors (PF) for Respirators,’’ would be

modified extensively. In general, new

devices are recognized, APFs are revised

to be consistent with current ANSI

guidance and technical knowledge, and

the footnotes to Appendix A are moved,

deleted, revised, or adjusted so that only

those necessary to explain the table

remain. Footnotes that are instructive or

that facilitate implementation of the rule

would be moved to Regulatory Guide

8.15. Several footnotes are considered to

be redundant in that they reiterate

NIOSH certification criteria to be

discussed in NUREG–0041 and would

be removed. Generic regulatory

requirements, previously contained in

footnotes in Appendix A to Part 20

would be moved to the codified text of

Part 20.

The column headed ‘‘Tested and

Certified Equipment,’’ would be deleted.

The references to Titles 30 and 42 of the

CFR currently found in this column

apply primarily to respirator

manufacturers and are not very useful to

NRC licensees. Instruction on how to

determine if a respirator is NIOSH

approved will be provided in the

revision to NUREG–0041.

Current footnote a to Appendix A to

Part 20 would be deleted because it is

considered to be redundant with air

sampling requirements and

requirements for estimating possible

airborne concentration addressed in the

proposed rule at § 20.1703(c)(1) and

§ 20.1703(i).

Current footnote b, which permits the

use of devices only when nothing

interferes with the seal of a face piece,

would be moved to the codified text at

§ 20.1703(h).

Current footnote c, which defines the

symbols for modes of operation would

be revised to fit the new list of

respiratory devices in Appendix A to

Part 20 consistent with ANSI Z88.2–

1992 and become footnote b.

Current footnote d.1 would be

removed because the essential

information regarding the meaning and

use of APF is found in the proposed rule

at § 20.1703(i). Further guidance

regarding the application and limitation

of APFs would be provided in the

revisions of Regulatory Guide 8.15 and

NUREG–0041.

Current footnote d.2(a) states that

APFs are only applicable for trained

individuals who are properly fitted and

for properly maintained respirators.

This footnote is redundant with the

current and proposed § 20.1703 and

would be removed. Adequate provisions

for training, fit-testing, and equipment

maintenance are found in the proposed

rule at § 20.1703(c)(4).

Current footnote d.2(b) states that

APFs are applicable for air-purifying

respirators only when high-efficiency

particulate filters are used in

atmospheres not deficient in oxygen and

not containing radioactive gas or vapor

respiratory hazards. This statement

would be revised in proposed footnote

c to say that if using a respirator with

an APF greater than 100, a filter with a

minimum efficiency of 99.97 percent

must be used. Further guidance will be

provided in Regulatory Guide 8.15 and

NUREG–0041. The definitions of filter

types and efficiencies will be discussed

in the revisions of Regulatory Guide

8.15 and NUREG–0041.

Current footnote d.2(c) states that

APFs cannot be used for sorbents

against radioactive gases and/or vapors

(e.g., radioiodine). This is no longer an

absolute prohibition. A provision would

be made in the new proposed footnote

d for licensees to apply to the

Commission for the use of an APF

greater than 1 for sorbent cartridges.

Current footnote d.2(d) restates part of

the NIOSH approval criteria for air

quality for supplied air respirators and

self-contained breathing apparatus. This

requirement would be changed to reflect

the fact that air quality standards derive

from ANSI’s recognition of the

Compressed Gas Association guidance,

and moved to the rule at § 20.1703(g).

Air quality is discussed further in

Regulatory Guide 8.15 and NUREG–

0041.

The current footnote e makes it clear

that the APFs for atmosphere-supplying

respirators and self-contained breathing
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38515

apparatus are not applicable in the case

of contaminants that present a skin

absorption or submersion hazard. This

statement would be retained in footnote

d in the proposed Appendix A to Part

20. However, the current exception

provided for tritium oxide requires

correction in that the effective

protection factor cannot exceed 3, rather

than 2 as stated. This correction would

be made in footnote d of the proposed

Appendix A to Part 20. A discussion of

the basis for this change will be found

in revised NUREG–0041.

Current footnote f observes that

canisters and cartridges for air purifying

respirators will not be used beyond

service-life limitations. This observation

restates a NIOSH approval criterion and

is more appropriate to guidance than to

the regulations. This footnote would be

deleted. Service life limitations are

addressed in Regulatory Guide 8.15 and

NUREG–0041.

The current footnote g addresses four

issues. The first limits the use of halfmask face piece air purifying respirators

to ‘‘under-chin’’ types only. This

limitation would be retained as footnote

(f) to the proposed new Appendix A to

Part 20. The only type of face piece

eliminated by this requirement is the socalled ‘‘quarter-mask’’ which seals over

the bridge of the nose, around the

cheeks and between the point of the

chin and the lower lip. These devices

exhibit erratic face-sealing

characteristics, especially when the

wearer talks or moves his/her mouth.

The second issue precludes this type

of respirator if ambient airborne

concentrations can reach instantaneous

values greater than 10 times the

pertinent values in Table 1, Column 1

of Appendix B to Part 20. Because

respirator assignment is now based on

TEDE, ALARA, and other consideration,

this part of current footnote g would be

deleted from the proposed footnote f.

The third issue precludes the use of

this type of respirator for protection

against plutonium or other high-toxicity

materials. Half-mask respirators, if

properly fitted, maintained and worn,

provide adequate protection if used

within the limitations stated in the

NIOSH approval and in the rule. The

NRC finds no technical or scientific

basis for continuing this prohibition in

view of current knowledge and proposes

to remove it.

Finally this footnote requires that this

type mask be tested for fit (user seal

check) before each use. This provision

would be removed because the

proposed § 20.1703(c)(3) would require

a user to perform a fit check (e.g.,

negative pressure check, positive

pressure check, irritant smoke check)

each time a respirator is used.

Current footnote h provides several

conditions on air-flow rates necessary to

operate supplied air hoods effectively.

Because all of these requirements are

elements of the NIOSH approval

criteria, they are redundant and would

be removed. However, these NIOSH

requirements will be discussed in the

revision to NUREG–0041.

Current footnote I specifies that

appropriate protection factors be

determined for atmosphere-supplying

suits based on design and permeability

to the contaminant under conditions of

use. Conditions for the use of these

devices are retained in footnote g to the

proposed revision of Appendix A to Part

20. Guidance on the use of these devices

would be included in the revision to

Regulatory Guide 8.15. Current footnote

I also requires that a standby rescue

person equipped with a respirator or

other apparatus appropriate for the

potential hazards, and communications

equipment be present whenever

supplied-air suits are used. This

requirement would be deleted from the

footnotes to Appendix A to Part 20 and

moved to the body of the rule at

§ 20.1703(f).

Current footnote j states that NIOSH

approval schedules are not available for

atmosphere-supplying suits. This

information and criteria for use of

atmosphere supplying suits would be

addressed in footnote g to the proposed

Appendix A to Part 20. Note that an

APF is not listed for these devices.

Licensees would be permitted to apply

to the Commission for the use of higher

APFs in accordance with § 20.1703(b).

Current footnote k permits the full

face piece self-contained breathing

apparatus (SCBA), when operating in

the pressure-demand mode, to be used

as an emergency device in unknown

concentrations. This provision would be

retained in footnote I to the proposed

Appendix A to Part 20 and full face

piece SCBA operating in positive

pressure, recirculating mode is added.

Current footnote l requires

quantitative fit testing with a leakage

less than 0.02 percent for the use of full

face piece, positive pressure,

recirculating mode SCBA. This

requirement would be removed from the

rule to be consistent with ANSI

guidance and addressed in the revision

to Regulatory Guide 8.15.

Current footnote l also states that

perceptible outward leakage of

breathing gas from this or any positive

pressure SCBA whether open circuit or

closed circuit is unacceptable, because

service life will be reduced

substantially. This provision would be

retained in footnote I to the proposed

Appendix A to Part 20.

Current footnote l also requires that

special training in the use of this type

of apparatus be provided to the user.

The NRC believes that the training

requirement that would be retained at

§ 20.1703(c)(4) is adequate to assure the

training necessary for the use of SCBA

devices. This element of footnote l

would be removed.

Note 1 to the current Appendix A to

Part 20 discusses conditions under

which the protection factors in the

appendix may be used, warns against

assuming that listed devices are

effective against chemical or respiratory

hazards other than radiological hazards,

and states the need to take into account

applicable approvals of the U.S. Bureau

of Mines/NIOSH when selecting

respirators for nonradiological hazards.

Note 1 would be retained as footnote (a)

to the proposed Appendix A to Part 20

and would be revised to reference

Department of Labor (DOL) regulations

at 29 CFR 1910. The NRC believes that

these conditions are essential to the safe

use of APFs and that the DOL

regulations are also applicable

whenever other than radiological

respiratory hazards are present.

Note 2 to the current Appendix A to

Part 20 warns that external dose from

submersion in high concentrations of

radioactive material may result in

limitations on occupancy being

governed by external dose limits. This

note would be retained as the second

paragraph of footnote a to the proposed

Appendix A to Part 20.

In the title of Appendix A to Part 20,

and throughout the proposed rule, the

term ‘‘assigned protection factor’’ (APF)

is used to be consistent with the new

ANSI Z88.2–1992 terminology.

Although ANSI suggested an APF=10

for all half-mask face piece disposable

respirators, disposables that do not have

seal enhancing elastomeric components

and are not equipped with two or more

adjustable suspension straps would be

permitted for use but would not have an

APF assigned (i.e., no credit may be

taken for their use). The NRC believes

that without these components it is

difficult to maintain a seal in the

workplace. These devices have little

physiological impact on the wearer, may

be useful in certain situations, and they

may accommodate workers who request

respiratory protection devices as

required by OSHA. Medical screening is

not required for each individual prior to

use because the devices impose very

little physiological stress. In addition, fit

testing is not required because an APF

is not specified (i.e., no credit may be

taken for their use). However, all other
38516 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

aspects of an acceptable program

specified in § 20.1703 are required

including training of users in the use

and limitations of the device. The NRC

believes that this provision allows the

flexible and effective use of these

devices without imposing conditions

that are impracticable. However, for

those licensees who would like to use

the ANSI recommended APF of 10,

proposed footnote e to Appendix A to

Part 20 would permit an APF of 10 to

be used if the licensee can demonstrate

a fit factor of at least 100 using a

validated or evaluated quantitative or

qualitative fit test. This requirement is

appropriate because fit testing is an

implicit component of the ANSI

approval process.

The half-mask face piece respirator

would continue to be approved, but

relatively new variations are referred to

in the industry as ‘‘reusable,’’ ‘‘reusabledisposable,’’ ‘‘face-piece-filtering’’ or

‘‘maintenance-free’’ devices. In these

devices, including those considered to

be disposables, the filter medium may

be an integral part of the face piece, is

at least 99 percent efficient, and may not

be replaceable. Also, the seal area is

enhanced by the application of plastic

or rubber to the face-to-face piece seal

area and the 2 or more suspension

straps are adjustable. These devices are

acceptable to the NRC, are considered

half masks, may be disposable, and

would be given an APF=10, consistent

with ANSI recommendations.

The assigned protection factor for full

face piece air purifying respirators

operating in the negative pressure mode

would be increased from 50 to 100. This

change is consistent with ANSI

recommendations and industry test

results. The current Appendix A to Part

20 lists a protection factor of 50 because

one design that was tested at Los

Alamos in 1975 did not meet the PF 100

criterion. This device is no longer

available.

A fit factor of 10 times the APF for

negative-pressure air-purifying

respirators, which must be obtained as

a result of required fit testing under

§ 20.1703(c)(6), is recommended by

ANSI and would be required under the

proposed rule; that is, a person would

have to achieve a minimum of 1,000 on

a fit test in order to use an APF of 100

in the field. Use of a fit factor of 10

times the APF effectively limits internal

dose and accounts for any respirator

leakage that might occur during

workplace activities. Fit factors of 10

times the APF were previously not

required for such devices.

A new category of respirator, the

loose-fitting face piece, positive

pressure (powered) air purifying type,

would be included in the proposed

Appendix A to Part 20. An APF of 25

would be assigned to this new device in

accordance with ANSI Z88.2–1992.

The half-mask and the full face piece

air-line respirators operating in demand

mode would be listed with APF

unchanged at 5. The NRC believes that

supplied-air respirators operating in the

demand mode should be used with great

care in nuclear applications. Because

they are very similar in appearance to

more highly effective devices

(continuous flow and pressure-demand

supplied air respirators), they might

mistakenly be used instead of the more

protective devices.

The APFs for half-and full-face piece

air-line respirators operating on

continuous flow would be reduced from

1,000 to 50 and from 2,000 to 1,000

respectively. The APF for a full face

piece air-line respirator operating in

pressure-demand mode would be

reduced from 2,000 to 1,000. These

changes are based on ANSI

recommendations and the results of

field measurements indicating that these

devices are not as effective as originally

thought. This change would have little

impact on licensees because typical

workplace concentrations encountered

are far less than 1000 times the derived

air concentrations (DACs). However,

licensees may apply for higher APFs if

needed and justified. A half-mask airline respirator operating in pressuredemand mode would be added to

Appendix A with an APF of 50 based

on ANSI recommendations. The helmet/

hood air-line respirator operating under

continuous flow would be retained with

the APF listed as 1,000. Current footnote

h which specifies NIOSH certification

criteria for flow rates would be

removed. The criteria for air flow rates

are part of the NIOSH approval and

would be addressed in the revision to

NUREG–0041.

The new loose fitting face piece

design is also included as an air-line

respirator operating under continuous

flow. This device would be assigned an

APF of 25 in the proposed Appendix A

to Part 20 consistent with ANSI

recommendations.

The air-line atmosphere-supplied suit

would not be assigned an APF. These

devices have been used for many years

in radiological environments such as

control rod drive removal at boiling

water reactors with no APF. These

devices are primarily used as

contamination control devices, but they

are supplied with air that the wearer

breathes. No problems are known to

have occurred at nuclear power plants

or other NRC licensees that would

disallow use of these devices. The NRC

is allowing the use of non-NIOSHapproved suits but wearers are required

to meet all other respirator program

requirements in § 20.1703 except the

need for a fit test. Licensees would still

have an option to apply to the

Commission for higher APFs in

accordance with proposed § 20.1703(b).

Requirements for standby rescue

persons apply to these devices

(§ 20.1703(f)).

In the proposed Appendix A to Part

20, APFs for SCBA devices would

remain unchanged. Use of SCBA in

demand open circuit and demand

recirculating mode requires

considerable caution. In the NRC’s view,

the performance level and reliability of

these devices is questionable. The

chance of face piece leakage when

operating in the negative pressure mode

is considerably higher than when

operating in a positive pressure mode.

This is especially critical for devices

that could be mistakenly used in

emergency situations. Although ANSI

lists high APFs for these devices, they

are not recommended by the NRC for

use and acceptable alternative devices

are readily available. Footnote h

requires that controls be implemented to

assure that these devices are not used in

immediately dangerous to life and

health (IDLH) areas.

In proposed footnote d, a specific

statement would be added to exclude

radioactive noble gases from

consideration as an airborne hazard and

advising that external (submersion) dose

considerations should be the basis for

protective actions. In the current rule,

DAC values are listed for each noble gas

isotope. This has led some licensees to

inappropriately base respirator

assignments in whole or in part on the

presence of these gases. The

requirement for monitoring external

dose can be found in 10 CFR 20.1502.

The complete proposed changes to

Part 20, Subpart H and Appendix A to

Part 20 are presented in the codified text

section of this document.

III. Issue of Compatibility for

Agreement States

In accordance with the new adequacy

and compatibility policy and

implementing procedures approved by

the Commission on June 30, 1997, the

proposed modifications to §§ 20.1701

through 20.1703, and § 20.1705 have

health and safety significance and

Agreement States should adopt the

essential objectives of these rule

modifications in order to maintain an

adequate program. Therefore, these

provisions are assigned to the ‘‘Health

and Safety (H&S)’’ category. The

proposed definition of Assigned
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38517

Protection Factor (APF) because of its

precise operational meaning, is

designated as compatibility category C

to help insure effective communication.

Therefore, Agreement States should

adopt the essential objectives of this

provision to avoid conflicts, duplication

or gaps. The proposed definitions of

Disposable respirator, Fit check, Fit

factor and Fit test, are stated in general

terms and are therefore designated as

compatibility category D, not required

for purposes of compatibility. Flexibility

is also provided to States regarding

§ 20.1704 in how they handle

imposition of additional restrictions on

the use of respiratory protection.

Therefore, this provision is designated

as compatability category D. Comments

are specifically requested on whether

assigning different compatibility

categories to the proposed new

definitions creates any implementation

problems or inconsistencies.

Appendix A to 10 CFR Part 20 is

designated as compatibility category B

because assigned protection factors

(APFs) provide acceptable levels of

protection to be afforded by respirators.

Additionally, although § 20.1705

permits applying for the use of higher

APFs on a case by case basis,

consistency is required in APFs that are

established as acceptable in NRC and

Agreement State regulations to reduce

impacts on licensees who may operate

in multiple jurisdictions.

These proposed amendments were

provided to the Agreement States during

the NRC staff review process via the use

of the NRC rulemaking bulletin board

and notification to the States of its

availability. Two comments were

received. One suggested assigning

compatibility categories to the five new

definitions, which has been done in this

proposed rule. A second noted that

removal of generic requirements from

the footnotes to Appendix A greatly

improved the rule.

IV. Finding of No Significant

Environmental Impact: Availability

The NRC has determined under the

National Environmental Policy Act of

1969, as amended, and the

Commission’s regulations in Subpart A

of 10 CFR Part 51, that the proposed

amendments, if adopted, would not be

a major Federal action significantly

affecting the quality of the human

environment and therefore, an

environmental impact statement is not

required.

The proposed amendment addresses

technical and procedural improvements

in the use of respiratory protection

devices to maintain total occupational

dose as low as is reasonably achievable.

None of the impacts associated with this

rulemaking have any effect on any

places or entities outside of a licensed

site. An effect of this proposed

rulemaking is expected to be a decrease

in the use of respiratory devices and an

increase in engineering and other

controls to reduce airborne

contaminants. It is expected that there

would be no change in radiation dose to

any member of the public as a result of

the revised regulation.

The determination of this

environmental assessment is that there

will be no significant offsite impact to

the public from this action. Therefore,

in accord with its commitment to

complying with Executive Order

12898—Federal Actions to Address

Environmental Justice in Minority

Populations and Low-Income

Populations, dated February 11, 1994, in

all its actions, the NRC has also

determined that there are no

disproportionate, high, and adverse

impacts on minority and low-income

populations. The NRC uses the

following working definition of

‘‘environmental justice’’: the fair

treatment and meaningful involvement

of all people, regardless of race,

ethnicity, culture, income, or

educational level with respect to the

development, implementation, and

enforcement of environmental laws,

regulations, and policies. Comments on

any aspect of the environmental

assessment may be submitted to the

NRC as indicated under the ADDRESSES

heading.

The NRC has sent a copy of the

environmental assessment and this

proposed rule to every State Liaison

Officer and requested their comments

on the environmental assessment.

The draft environmental assessment is

available for inspection at the NRC

Public Document Room, 2120 L Street,

NW. (Lower Level), Washington, DC.

Single copies of this document are

available as indicated in the ADDRESSES

heading.

V. Paperwork Reduction Act Statement

This proposed rule contains

amendments to reduce the information

collection requirements contained in 10

CFR Part 20 that are considered to be

insignificant (250 hours annually),

when compared with the overall

requirements of the CFR Part (210, 205

hours annually). NRC does not consider

this reduction in the burden to be

significant enough to trigger the

requirements of 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–

0014.

Public Protection Notification

If 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.

VI. Regulatory Analysis

The NRC has prepared a regulatory

analysis for the proposed amendment.

The analysis examines the benefits and

impacts considered by the NRC. The

regulatory analysis is available for

inspection at the NRC Public Document

Room at 2120 L Street NW. (Lower

Level), Washington, DC. Single copies

are available as indicated under the

ADDRESSES heading.

VII. Regulatory Flexibility Certification

As required by the Regulatory

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

the NRC certifies that, if adopted, this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

The anticipated impact of the proposed

changes would not be significant

because the revised regulation basically

represents a continuation of current

practice. The benefit of the proposed

rule is that it would provide relief from

certain reporting and recordkeeping

requirements, incorporate several ANSI

recommendations for improved

programmatic procedures, and permit

the use of new, effective respiratory

devices, thus increasing licensee

flexibility.

The NRC is seeking public comment

on the initial regulatory flexibility

certification. The NRC is seeking

comment particularly from small

entities as defined under the NRC’s size

standards 10 CFR 2.810, as to how the

proposed regulations would affect them

and how the regulations may be

implemented or otherwise modified to

impose less stringent requirements on

small entities while still adequately

protecting the public health and safety.

Any small entity subject to this

regulation who determines that, because

of its size, it is likely to bear a

disproportionate adverse economic

impact should offer comments that

specifically discuss the following items:

(a) The licensee’s size and how the

proposed regulation would result in a

significant economic burden or whether

the resources necessary to implement

this amendment could be more

effectively used in other ways to

optimize public health and safety, as

compared to the economic burden on a

larger licensee;
38518 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

2 If the licensee performs an ALARA analysis to

determine whether or not respirators should be

used, safety factors other than radiological may be

taken into consideration and the impact of the use

of respirators on workers industrial health and

safety risk should be considered.

(b) How the proposed regulation

could be modified to take into account

the licensees’ differing needs or

capabilities;

(c) The benefits that would accrue, or

the detriments that would be avoided, if

the proposed regulation were modified

as suggested by the licensee;

(d) How the proposed regulation, as

modified, could more closely equalize

the impact of NRC regulations or create

more equal access to the benefits of

Federal programs as opposed to

providing special advantages to any

individual or group; and

(e) How the proposed regulation, as

modified, would still adequately protect

the public health and safety.

The comments should be sent to the

Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001. ATTN:

Rulemakings and Adjudications Staff.

Hand deliver comments to 11555

Rockville Pike, Rockville, Maryland,

between 7:30 am and 4:15 pm Federal

workdays.

VIII. Backfit Analysis

Although the NRC staff has concluded

that some of the changes being proposed

constitute a reduction in burden, the

implementation of these and other

changes will require revisions to

licensee procedures constituting a

potential backfit under 10 CFR

50.109(a)(1). Under § 50.109(a)(2), a

backfit analysis is required unless the

proposed rule meets one of the

exceptions listed in § 50.109(a)(4). This

proposed rule meets the exception at

§ 50.109(a)(4)(iii) in that it is redefining

the level of adequate protection as

regards the use of respirators for

radiological protection.

Section II, Summary of the Proposed

Changes, summarizes the proposed

changes to Subpart H of 10 CFR Part 20.

The reasons for making these changes

are also provided. Many of the proposed

changes are considered by the NRC to

constitute a redefinition of adequate

level of protection in that they reflect

new consensus technical guidance

published by the American National

Standards Institute (ANSI) on

respiratory protection developed since

10 CFR Part 20, Subpart H was

published. The changes include

recognizing new respirator designs and

types that were not available 20 years

ago, changing the assigned protection

factors (APFs) based on new data,

deleting certain reporting requirements

which are considered no longer needed

for oversight of a mature industry, and

numerous procedural improvements

that have been developed and proven by

respiratory practitioners.

In conclusion, the Commission

believes that the proposed changes

constitute a burden reduction with the

exception of the need to revise

procedures to implement the

requirements. The proposed changes

also clearly redefine the level of

adequate protection required for

workers who use respiratory protection

and are, therefore, the type of change for

which a backfit analysis is not required

under § 50.109(a)(4)(iii).

List of Subjects in 10 CFR Part 20

Byproduct material, Criminal

penalties, Licensed material, Nuclear

materials, Nuclear power plants and

reactors, Occupational safety and

health, Packaging and containers,

Radiation protection, Reporting and

recording requirements, Special nuclear

material, Source material, Waste

treatment and disposal.

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. 553, the NRC

is proposing to adopt the following

amendments to 10 CFR Part 20.

PART 20—STANDARDS FOR

PROTECTION AGAINST RADIATION

1. The authority citation for Part 20

continues to read as follows:

Authority: Secs. 53, 63, 65, 81, 103, 104,

161, 182, 186, 68 Stat. 930, 933, 935, 936,

937, 948, 953, 955, as amended (42 U.S.C.

2073, 2093, 2095, 2111, 2133, 2134, 2201,

2232, 2236), secs. 201, as amended, 202, 206,

88 Stat. 1242, as amended, 1244, 1246 (42

U.S.C. 5841, 5842, 5846).

2. Section 20.1003 is amended by

adding the definitions Assigned

protection factor (APF), Disposable

respirator, Fit check, Fit factor, and Fit

test to read as follows:

§ 20.1003 Definitions.

* * * * *

Assigned protection factor (APF)

means the expected workplace level of

respiratory protection that would be

provided by a properly functioning

respirator or a class of respirators to

properly fitted and trained users.

Operationally, the inhaled

concentration can be estimated by

dividing the ambient airborne

concentration by the APF.

* * * * *

Disposable respirator means a

respirator for which maintenance is not

intended and that is designed to be

discarded after excessive resistance,

sorbent exhaustion, physical damage, or

end-of-service-life renders it unsuitable

for use. Examples of this type of

respirator are a disposable half-mask

respirator or a disposable escape-only

self-contained breathing apparatus

(SCBA).

* * * * *

Fit check (user seal check) means a

performance check conducted by a

respirator wearer to determine if the

respirator is properly seated to the face.

Examples include negative pressure

check, positive pressure check, irritant

smoke check, or isoamyl acetate.

Fit factor means a quantitative

measure of the fit of a particular

respirator to a particular individual.

Fit test means a test, quantitative or

qualitative, to evaluate the fit of a

respirator on an individual and to

determine a fit factor.

* * * * *

3. Section 20.1701 is revised to read

as follows:

§ 20.1701 Use of process or other

engineering controls.

The licensee shall use, to the extent

practicable, process or other engineering

controls (e.g., containment,

decontamination, or ventilation) to

control the concentration of radioactive

material in air.

4. In § 20.1702, paragraph (c) is

revised to add the following footnote:

§ 20.1702 Use of other controls.

* * * * *

(c) Use of respiratory protection

equipment 2; or

5. Section 20.1703 is revised to read

as follows:

§ 20.1703 Use of individual respiratory

protection equipment.

If the licensee assigns or permits the

use of respiratory protection equipment

to limit the intake of radioactive

material,

(a) The licensee shall use, only

respiratory protection equipment that is

tested and certified by the National

Institute for Occupational Safety and

Health (NIOSH).

(b) If the licensee wishes to use

equipment that has not been tested or

certified by NIOSH, or for which there

is no schedule for testing or

certification, the licensee shall submit

an application to the NRC for authorized

use of this equipment except as

provided in this part. The application

must include evidence that the material

and performance characteristics of the

equipment are capable of providing the
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38519

proposed degree of protection under

anticipated conditions of use. This must

be demonstrated either by licensee

testing or on the basis of reliable test

information.

(c) The licensee shall implement and

maintain a respiratory protection

program that includes:

(1) Air sampling sufficient to identify

the potential hazard, permit proper

equipment selection, and estimate

exposures;

(2) Surveys and bioassays, as

necessary, to evaluate actual intakes;

(3) Testing of respirators with APFs

for operability (fit check for face sealing

devices and functional check for others)

immediately prior to each use;

(4) Written procedures regarding

monitoring, including air sampling and

bioassays; training of respirator users; fit

testing; respirator selection; breathing

air quality; inventory and control;

storage, issuance, maintenance, repair,

testing, and quality assurance of

respiratory protection equipment;

recordkeeping; and limitations on

periods of respirator use and relief from

respirator use;

(5) Determination by a physician

before the initial fitting of face sealing

respirators, before the first field use of

non-face sealing respirators, and either

every 12 months thereafter, or

periodically at a frequency determined

by a physician, that the individual user

is medically fit to use the respiratory

protection equipment;

(6) Fit testing, with fit factor ≥10 times

the APF for negative pressure devices,

and a fit factor ≥100 for any positive

pressure, continuous flow, and

pressure-demand devices, before the

first field use of tight fitting, face-sealing

respirators and periodically thereafter at

a frequency not to exceed 3 years.

(d) The licensee shall advise each

respirator user that the user may leave

the area at any time for relief from

respirator use in the event of equipment

malfunction, physical or psychological

distress, procedural or communication

failure, significant deterioration of

operating conditions, or any other

conditions that might require such

relief.

(e) The licensee shall use equipment,

within limitations for type and mode of

use and shall make provision for vision

correction, adequate communication,

low temperature work environments,

and the concurrent use of other safety or

radiological protection equipment in

such a way as not to interfere with the

proper operation of the respirator.

(f) Standby rescue persons are

required whenever one-piece

atmosphere-supplying suits, or any

combination of supplied air respiratory

protection device and personnel

protective equipment are used, from

which an unaided individual would

have difficulty extricating himself or

herself. The standby persons must be

equipped with respiratory protection

devices or other apparatus appropriate

for the potential hazards. The standby

rescue persons, shall observe or

otherwise be in direct communication

with the workers and must be

immediately available to assist them in

case of a failure of the air supply or for

any other reason that requires relief

from distress. A sufficient number of

standby rescue persons must be

available to effectively assist all users of

this type of equipment.

(g) Whenever atmosphere-supplying

respirators are used, they must be

supplied with respirable air of grade D

quality or better as defined by the

Compressed Gas Association and

endorsed by ANSI, in publication G–7.1,

‘‘Commodity Specification for Air,’’

1989, (ANSI–CGA G–7.1, 1989).

(h) No material or substance, the

presence or absence of which is under

the control of the respirator wearer, may

be present between the skin of the

wearer’s face and the sealing surface of

a tight-fitting respirator facepiece.

(i) In estimating the exposure of

individuals to airborne radioactive

materials, the concentration of

radioactive material in the air that is

inhaled when respirators are worn is

initially assumed to be the ambient

concentration in air without respiratory

protection, divided by the assigned

protection factor. If the exposure is later

found to be greater than estimated, the

corrected value must be used. If the

exposure is later found to be less than

estimated, the corrected value may be

used.

6. Section 20.1704 is revised to read

as follows:

§ 20.1704 Further restrictions on the use

of respiratory protection equipment.

The Commission may impose

restrictions in addition to those in

§§ 20.1702, 20.1703, and Appendix A to

Part 20 in order to:

(a) Ensure that the respiratory

protection program of the licensee is

adequate to limit exposures of

individuals to airborne radioactive

materials consistent with maintaining

total effective dose equivalent ALARA;

and

(b) Limit the extent to which a

licensee may use respiratory protection

equipment instead of process or other

engineering controls.

7. Section 20.1705 is added to read as

follows:

§ 20.1705 Application for use of higher

assigned protection factors.

The licensee shall obtain

authorization from the Commission

before using assigned protection factors

in excess of those specified in Appendix

A to Part 20. The Commission may

authorize a licensee to use higher

assigned protection factors on receipt of

an application that—

(a) Describes the situation for which

a need exists for higher protection

factors; and

(b) Demonstrates that the respiratory

protection equipment provides these

higher protection factors under the

proposed conditions of use.

8. Appendix A to Part 20 is revised to

read as follows:

Appendix A to Part 20

ASSIGNED PROTECTION FACTORS FOR RESPIRATORS a

Description

Assigned protection factors

Modes b Particulate c Gases and vapors d

I. AIR PURIFYING RESPIRATORS:

Single-use disposable e ............................................................................................................ NP (e)

Facepiece, half mask f ............................................................................................................. NP 10

Facepiece, full ......................................................................................................................... NP 100

Facepiece, half mask .............................................................................................................. PP 50

Facepiece, full ......................................................................................................................... PP 1000

Helmet/hood ............................................................................................................................ PP 1000

Facepiece, loose-fitting ............................................................................................................ PP 25

II. ATMOSPHERE SUPPLYING RESPIRATORS:
38520 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules

ASSIGNED PROTECTION FACTORS FOR RESPIRATORS a—Continued

Description

Assigned protection factors

Modes b Particulate c Gases and vapors d

1. Air-line respirator

Facepiece, half mask ....................................................................................................... D 5 5

Facepiece, half mask ....................................................................................................... CF 50 50

Facepiece, half mask ....................................................................................................... PD 50 50

Facepiece, full .................................................................................................................. D 5 5

Facepiece, full .................................................................................................................. CF 1000 1,000

Facepiece, full .................................................................................................................. PD 1000 1,000

Helmet/hood ..................................................................................................................... CF 1000 1,000

Facepiece, loose-fitting .................................................................................................... CF 25 25

Suit ................................................................................................................................... CF (g) (g)

2. Self-contained breathing

Apparatus (SCBA).

Facepiece, full .................................................................................................................. D h 50 h 50

Facepiece, full .................................................................................................................. PD i 10,000 i 10,000

Facepiece, full .................................................................................................................. RD h 50 h 50

Facepiece, full .................................................................................................................. RP i 10,000 i 10,000

III. COMBINATION RESPIRATORS:

Any combination of air-purifying and atmosphere-supply respirators Assigned protection factor for

type and mode of operation as

listed above

a.These assigned protection factors apply only in a respiratory protection program that meets the requirements of this Part. They are applicable

only to airborne radiological hazards and may not be appropriate to circumstances when chemical or other respiratory hazards exist instead of,

or in addition to, radioactive hazards. Selection and use of respirators for such circumstances must also comply with Department of Labor regulations contained in 29 CFR 1910.

Radioactive contaminants for which the concentration values in Table 1, Column 3 of Appendix B to Part 20 are based on internal dose due to

inhalation may, in addition, present external exposure hazards at higher concentrations. Under these circumstances, limitations on occupancy

may have to be governed by external dose limits. b.The mode symbols are defined as follows:

NP = negative pressure (air-purifying respirator)

PP = positive pressure (air-purifying respirator)

CF = continuous flow (supplied-air respirator)

D = demand (supplied-air respirator)

PD = pressure-demand (open circuit, supplied-air respirator)

RD = demand, recirculating (closed circuit SCBA)

RP = positive pressure, recirculating (closed circuit SCBA).

c.Air purifying respirators with APF ≤ 100 must be equipped with particulate filters that are at least 99 percent efficient. Air purifying respirators

with APF ≤ 100 must be equipped with particulate filters that are at least 99.97 percent efficient. d.Excluding radioactive contaminants that present an absorption or submersion hazard. For tritium oxide vapor, approximately one-third of the

intake occurs by absorption through the skin so that an overall protection factor of 3 is appropriate when atmosphere-supplying respirators are

used to protect against tritium oxide. Exposure to radioactive noble gases is not considered a significant respiratory hazard, and protective actions for these contaminants should be based on external (submersion) dose considerations. The licensee may apply to the Commission for the

use of an APF greater than 1 for sorbent cartridges as protection against airborne radioactive gasses and vapors (e.g., radioiodine). e. Licensees may permit individuals to use this type of respirator who have not been medically screened or fit tested on the device provided

that no credit be taken for their use in estimating intake or dose. It is also recognized that it is difficult to perform an effective positive or negative

pressure pre-use fit check on this type of device. All other respiratory protection program requirements listed in § 20.1703 apply. An assigned

protection factor has not been assigned for these devices. However, an APF equal to 10 may be used if the licensee can demonstrate a fit factor

of at least 100 by use of a validated or evaluated, qualitative or quantitative fit test. f. Under-chin type only. No distinction is made in this Appendix between elastomeric half-masks with replaceable cartridges and those designed

with the filter medium as an integral part of the facepiece (e.g., disposable or reusable disposable). Both types are acceptable so long as the

seal area of the latter contains some substantial type of seal-enhancing material such as rubber or plastic, the two or more suspension straps

are adjustable, the filter medium is at least 99 percent efficient and all other requirements of this part are met. g. No NIOSH approval schedule is currently available for atmosphere supplying suits. This equipment may be used in an acceptable respiratory

protection program as long as all the other minimum program requirements, with the exception of fit testing, are met [i.e., § 20.1703]. h.The licensee should implement institutional controls to assure that these devices are not used in areas immediately dangerous to life and

health (IDLH). i.This type of respirator may be used as an emergency device in unknown concentrations for protection against inhalation hazards. External

radiation hazards and other limitations to permitted exposure such as skin absorption shall be taken into account in these circumstances. This

device may not be used by any individual who experiences perceptible outward leakage of breathing gas while wearing the device.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Proposed Rules 38521

1 ‘‘New’’ sections refer to the section numbers

resulting from the recent final rule. The ‘‘new’’

sections became effective on July 1, 1998.

Dated at Rockville, Maryland this 13th day

of July 1998.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 98–19086 Filed 7–16–98; 8:45 am]

BILLING CODE 7590–01–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 330

RIN 3064–AC16

Deposit Insurance Regulations; Joint

Accounts and ‘‘Payable-on-Death’’

Accounts

AGENCY: Federal Deposit Insurance

Corporation (FDIC).

ACTION: Notice of proposed rulemaking.

SUMMARY: The FDIC is proposing to

amend its regulations governing the

insurance coverage of joint ownership

accounts and revocable trust (or

payable-on-death) accounts. These

proposed amendments to the insurance

regulations would supplement the

revisions adopted by the FDIC in a final

rule published in May 1998. The

purpose of these amendments is to

increase further the public’s

understanding of the insurance

regulations through simplification. The

proposed rule would make two

amendments to the regulations. First, it

would eliminate step one of the twostep process for determining the

insurance coverage of joint accounts.

Second, it would change the insurance

coverage of ‘‘payable-on-death’’

accounts by adding parents and siblings

to the current list of ‘‘qualifying

beneficiaries.’’

DATES: Written comments must be

received on or before October 15, 1998.

ADDRESSES: Written comments should

be addressed to the Office of the

Executive Secretary, Federal Deposit

Insurance Corporation, 550 17th Street,

N.W., Washington, D.C. 20429.

Comments may be hand-delivered to the

guard station at the rear of the 17th

Street Building (located on F Street) on

business days between 7:00 a.m. and

5:00 p.m. Also, comments may be sent

by FAX ((202) 898–3838) or e-mail

(comments @FDIC.gov). Comments will

be available for inspection in the FDIC

Public Information Center, Room 100,

801 17th Street, N.W., Washington, D.C.,

on business days between 9:00 a.m. and

5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Christopher L. Hencke, Counsel, (202)

898–8839, or Joseph A. DiNuzzo, Senior

Counsel, (202) 898–7349, Legal

Division, Federal Deposit Insurance

Corporation, 550 17th Street, N.W.,

Washington, D.C. 20429.

SUPPLEMENTARY INFORMATION:

I. Simplifying the Insurance

Regulations

Federal deposit insurance plays a

critical role in assuring stability and

public confidence in the nation’s

financial system. At the same time,

deposit insurance may reduce the

incentive for depositors to monitor and

discipline banks for excessive risktaking. At present, the only depositors

who will impose a degree of market

discipline are those with deposits over

the $100,000 insurance limit.

All depositors should understand the

rules governing the application of the

$100,000 limit. Confusion regarding

these rules could lead to a loss of funds

by some depositors and an erosion in

public confidence. In addition,

depositors over the $100,000 limit will

impose no market discipline if they do

not realize that their deposits are partly

uninsured. For these reasons, the

deposit insurance rules should be as

simple as possible.

Unfortunately, recent evidence

indicates that some of the insurance

rules are misunderstood by a large

percentage of the employees of

depository institutions. This evidence

includes surveys conducted in three

states by public interest research groups

(PIRGs). These surveys involved the

FDIC’s rules governing the insurance

coverage of joint accounts and ‘‘payableon-death’’ (POD) accounts. Of the bank

employees included in the PIRG

surveys, 63% to 80% misunderstood the

joint account rules and 59% to 83%

misunderstood the POD rules. (Copies

of the PIRG survey results may be

obtained by contacting the FDIC.)

Two years ago, in May 1996, the FDIC

sought comments on amending the rules

governing joint and POD accounts in an

advance notice of proposed rulemaking

(ANPR). See 61 FR 25596 (May 22,

1996). In May 1997, the FDIC published

a proposed rule. See 62 FR 26435 (May

14, 1997). The amendments involving

joint and POD accounts were not

included in the proposed rule because

the FDIC, at that time, did not possess

sufficient information regarding the

amendments’ potential costs.

In May 1998, the proposed rule

became a final rule. See 63 FR 25750

(May 11, 1998). Through this final rule,

the FDIC made a number of important

changes that will make the insurance

regulations more understandable to the

public. (A detailed explanation of these

changes is set forth in the preamble of

the Federal Register final rule.) In the

preamble, the FDIC also stated that it

would continue to study the policy,

economic and other implications of

amending the rules governing joint and

POD accounts. The staff’s study of those

issues has resulted in the proposed rule

published today.

II. The Proposed Rule

The proposed rule would amend two

sections of the deposit insurance

regulations: the new § 330.9 (former

§ 330.7), governing the insurance of

joint ownership accounts; and the new

§ 330.10 (former § 330.8), governing the

insurance of revocable trust (or POD)

accounts.1

A. Joint Accounts

Under the current rules, qualifying

joint accounts are insured separately

from any single ownership accounts

maintained by the co-owners at the

same insured depository institution. See

12 CFR 330.9(a) (former 330.7(a)). A

joint account is a ‘‘qualifying’’ joint

account if it satisfies certain

requirements: (1) the co-owners must be

natural persons; (2) each co-owner must

personally sign a deposit account

signature card; and (3) the withdrawal

rights of the co-owners must be equal.

See 12 CFR 330.9(c)(1) (former

330.7(c)(1)). The requirement involving

signature cards is inapplicable if the

account at issue is a certificate of

deposit, a deposit obligation evidenced

by a negotiable instrument, or an

account maintained for the co-owners

by an agent or custodian. See 12 CFR

330.9(c)(2) (former 330.7(c)(2)).

Assuming these requirements are

satisfied, the current rules provide that

the $100,000 insurance limit shall be

applied in a two-step process. First, all

joint accounts owned by the same

combination of persons at the same

insured depository institution are added

together and insured to a limit of

$100,000. Second, the interests of each

person in all joint accounts, whether

owned by the same or some other

combination of persons, are added

together and insured to a limit of

$100,000. See 12 CFR 330.9(b) (former

330.7(b)). The effects of this two-step

process are: (1) no joint account can be

insured for more than $100,000; (2) no

group of joint accounts owned by the

same combination of persons can be

insured for more than $100,000; and (3)

no person’s combined interest in all

joint accounts can be insured for more

than $100,000.