37512 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 

DEPARTMENT OF ENERGY 

10 CFR Part 835 

[AU–RM–16–ORP] 

RIN 1992–AA51 

Occupational Radiation Protection 

AGENCY: Office of Environment, Health, 

Safety and Security, U.S. Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) is publishing a final rule 

to amend values listed in two 

appendices to its current occupational 

radiation protection regulation. The 

amendment to appendix C corrects the 

air immersion derived air concentration 

value for any single radionuclide not 

listed in the appendix C table with a 

decay mode other than alpha emission 

or spontaneous fission and with 

radioactive half-life less than two hours, 

adjusted for an 8-hr work day. The 

amendments to appendix E correct the 

activity information of two 

radionuclides, Rh-102 and Rh-102m. 

DATES: This rule is effective September 

11, 2017. 

FOR FURTHER INFORMATION CONTACT: 

James Dillard, U.S. Department of 

Energy, Office of Environment, Health, 

Safety and Security, Mailstop AU–11, 

1000 Independence Ave. SW., 

Washington, DC 20585. Telephone: 

301–903–1165. Email: james.dillard@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Amendments 

A. Appendix C—Derived Air 

Concentration (DAC) for Workers From 

External Exposure During Immersion in 

a Cloud of Airborne Radioactive Material 

B. Appendix E—Values for Establishing 

Sealed Radioactive Source 

Accountability and Radioactive Material 

Posting and Labeling Requirements 

III. Procedural Requirements 

A. Review Under Executive Orders 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

D. Review Under the National 

Environmental Policy Act 

E. Review Under Executive Order 12988 

F. Review Under Executive Order 13132 

G. Review Under Executive Order 13175 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 1999 

K. Review Under the Treasury and General 

Government Appropriations Act, 2001 

L. Congressional Notification 

IV. Approval of the Office of the Secretary 

Appendix to the Preamble—References 

I. Background 

The requirements in title 10, Code of 

Federal Regulations, part 835 (10 CFR 

part 835), Occupational Radiation 

Protection, are designed to protect the 

health and safety of individuals from 

ionizing radiation resulting from the 

conduct of U.S. Department of Energy 

(DOE) activities. One situation that 

DOE’s regulations address is the 

exposure of workers to radioactive 

material dispersed in the air. Based on 

calculations involving doses to the 

organs of the body, levels of 

contamination in the air that will not 

cause the dose limits for workers to be 

exceeded are established for specified 

radionuclides. These values are 

provided in appendix C of part 835. On 

April 13, 2011, the Department 

published updated Derived Air 

Concentration (DAC) values in appendix 

C for determining radiation dose from 

inhaled radioactive material (76 FR 

20489). The updated dose conversion 

factors were determined using 

International Commission on 

Radiological Protection (ICRP) 

Publication 68 (ref. 1) effective dose 

rates for an 8-hour exposure period, 

instead of the previously assumed 24- 

hour calendar day exposure, which is 

consistent with other occupational 

scenarios, such as those used in 

developing appendix A DACs. The 

values were then rounded down to the 

nearest power of 10. In that update, the 

DAC values for radionuclides not listed 

in the appendix C table with a decay 

mode other than alpha emission or 

spontaneous fission and with 

radioactive half-life less than two hours 

were inadvertently not revised for the 8 

hour work day exposure time. The 

amendment to appendix C provides the 

correct DAC values for this group of 

radioactive materials. 

Title 10 CFR part 835 appendix E 

values were developed to ensure the 

proper accountability of sealed 

radioactive sources, as well as 

radioactive material posting and 

labeling requirements (63 FR 59662, 

November 4, 1998). DOE most recently 

amended the values of appendix E to 

part 835 on June 8, 2007 (72 FR 31904), 

using the ICRP Publication 60 

methodology (ref. 1) and the same 

exposure scenarios discussed in a 1998 

amendment to 10 CFR part 835 (63 FR 

59662, November 4, 1998). The values 

were based on the more limiting of the 

quantity of radioactive material which 

results in either an external or internal 

whole body dose, from either inhalation 

or ingestion, of 100 millirems. However, 

the final rule incorrectly listed values 

for two radionuclides. This amendment 

to appendix E provides the correct 

activity values for these two 

radionuclides (Rh-102 and Rh-102m), 

calculated from internal exposure 

scenario derived from ICRP Publication 

119 (ref. 2). 

II. Discussion of Amendments 

This section of the SUPPLEMENTARY

INFORMATION responds to significant 

comments on the proposed 

amendments. All substantive changes 

from the notice of proposed rulemaking 

(NOPR) are explained in this section. 

DOE has determined that the 

requirements set forth in this final rule 

are those which, based on currently 

available data, are necessary to protect 

the health and safety of individuals 

from ionizing radiation resulting from 

the conduct of activities at DOE sites. 

A. Appendix C—Derived Air 

Concentration (DAC) for Workers From 

External Exposure During Immersion in 

a Cloud of Airborne Radioactive 

Material. The amendment provides a 

correction to the derived air 

concentration value for any single 

radionuclide not listed in the Appendix 

C table with a decay mode other than 

alpha emission or spontaneous fission 

and with radioactive half-life less than 

two hours to 1E-06 mCi/mL (7E+04 Bq/ 

m3). DOE did not receive any comments 

on the proposed amendment to this 

appendix, which remains unchanged in 

the final rule. 

B. Appendix E—Values for 

Establishing Sealed Radioactive Source 

Accountability and Radioactive Material 

Posting and Labeling Requirements. The 

amendment corrects the activity for Rh102 to 6.4E+05 mCi and the activity from 

Rh-102m to 3.0E+05 mCi. DOE did not 

receive any comments on the proposed 

amendment to this appendix, which 

remains unchanged in the final rule. 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

This regulatory action has been 

determined to be ‘‘not significant’’ 

under Executive Order 12866, 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). 

Accordingly, this action was not subject 

to review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) of the Office of 

Management and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires that a 

Federal agency prepare an initial 

regulatory flexibility analysis for any 


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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 37513 

regulation for which a general notice of 

proposed rulemaking is required, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities (5 U.S.C. 

605(b)). 

This rule updates DOE requirements 

for nuclear safety and occupational 

radiation protection at DOE sites. The 

requirements of part 835 are primarily 

implemented by contractors who 

conduct work at DOE facilities. DOE 

considered whether these contractors 

are ‘‘small businesses’’ as the term is 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601(3)). The Regulatory 

Flexibility Act’s definition incorporates 

the definition of small business 

concerns in the Small Business Act, 

which the Small Business 

Administration (SBA) has developed 

through size standards in 13 CFR part 

121. DOE expects that any potential 

economic impact of this rule would be 

negligible because DOE activities are 

conducted by contractors who are 

reimbursed through their contracts with 

DOE for the costs of complying with 

DOE nuclear safety and radiation 

protection requirements, including the 

costs of complying with the rule. For 

these reasons, DOE certifies that this 

rule, will not have a significant 

economic impact on a substantial 

number of small entities, and therefore, 

no regulatory flexibility analysis has 

been prepared. DOE’s certification and 

supporting statement of factual basis 

will be provided to the Chief Counsel of 

Advocacy of the SBA pursuant to 5 

U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act 

This rule does not impose a collection 

of information requirement subject to 

the Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

D. Review Under the National 

Environmental Policy Act 

DOE has concluded that this rule falls 

into a class of actions that will not 

individually or cumulatively have a 

significant impact on the human 

environment, as determined by DOE’s 

regulations implementing the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). Specifically, this 

rule amends existing regulations 

without changing the potential 

environmental effect of the regulations 

being amended, and, therefore, is 

covered under the Categorical Exclusion 

in paragraph A5 of appendix A to 

subpart D, 10 CFR part 1021. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform’’ (61 FR 4729, February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. Section 3(b)(2) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any, to be given to 

the regulation; (2) clearly specifies any 

effect on existing Federal law or 

regulation; (3) provides a clear legal 

standard for affected conduct while 

promoting simplification and burden 

reduction; (4) specifies the retroactive 

effect, if any, to be given to the 

regulation; (5) defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of the 

standards. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this final 

rule meets the relevant standards of 

Executive Order 12988. 

F. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism’’ 

(64 FR 43255, August 4, 1999), imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined this 

rule and has determined that it will not 

preempt State law and will not have a 

substantial direct effect on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

G. Review Under Executive Order 13175 

Under Executive Order 13175 (65 FR 

67249, November 6, 2000) on 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ DOE may 

not issue a discretionary rule that has 

‘‘tribal’’ implications and imposes 

substantial direct compliance costs on 

Indian tribal governments. DOE has 

determined that the proposed rule will 

not have such effects and concluded 

that Executive Order 13175 does not 

apply to this final rule. 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4), 2 

U.S.C. 1531 et seq., requires each 

Federal agency to prepare a written 

assessment of the effects of any Federal 

mandate in a proposed or final agency 

regulation that may result in the 

expenditure by states, tribal, or local 

governments, on the aggregate, or by the 

private sector, of $100 million in any 

one year. The Act also requires a 

Federal agency to develop an effective 

process to permit timely input by 

elected officials of state, tribal, or local 

governments on a proposed ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity to provide timely input 

to potentially affected small 

governments before establishing any 

requirements that might significantly or 

uniquely affect small governments. DOE 

has determined that the final rule 

published does not contain any Federal 

mandates affecting small governments, 

so these requirements do not apply. 

I. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the OMB a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 


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37514 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This regulatory action will not have a 

significant adverse effect on the supply, 

distribution, or use of energy and is 

therefore not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule that may affect family 

well-being. The rule will not have any 

impact on the autonomy or integrity of 

the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

K. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. 

OMB’s guidelines were published at 

67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed this rule under the OMB and 

DOE guidelines and has concluded that 

it is consistent with applicable policies 

in those guidelines. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of this final rule prior to 

the effective date set forth at the outset 

of this notice. The report will state it has 

been determined that the rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Appendix—References 

1. International Commission on Radiological 

Protection (ICRP), 1994. Dose 

Coefficients for Intakes of Radionuclides 

by Workers. ICRP Publication 68. Ann. 

ICRP 24 (4). 

2. ICRP, 2012. Corrigenda to ICRP 

Publication 119: Compendium of Dose 

Coefficients based on ICRP Publication 

60. Ann. ICRP 41(suppl.). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 835 

Federal buildings and facilities, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Nuclear safety, Occupational safety and 

health, Radiation protection, and 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on July 31, 

2017. 

Andrew C. Lawrence, 

Acting Associate Under Secretary for 

Environment, Health, Safety and Security. 

For the reasons set forth in the 

preamble, the Department of Energy 

amends part 835 of chapter III of title 10 

of the Code of Federal Regulations as set 

forth below: 

PART 835—OCCUPATIONAL 

RADIATION PROTECTION 

■ 1. The authority citation for part 835 

continues to read as follows: 

Authority: 42 U.S.C. 2201, 7191, 50 U.S.C. 

2410. 

Appendix C to Part 835—[Amended] 

■ 2. In appendix C, the sentence 

following the table is amended by 

removing ‘‘6 E-06 mCi/mL (2 E+04 Bq/ 

m3)’’ and adding in its place ‘‘1 E-06 

mCi/mL (7 E+04 Bq/m3)’’. 

Appendix E to Part 835—[Amended] 

■ 3. In appendix E, the activity value is 

amended in the second column of the 

table for the following nuclides: 

■ a. For Rh-102, remove the value of 

‘‘3.0E+05’’ and add in its place 

‘‘6.4E+05’’; and 

■ b. For Rh-102m, remove the value of 

‘‘6.4E+05’’ and add in its place 

‘‘3.0E+05’’. 

[FR Doc. 2017–16983 Filed 8–10–17; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2017–0297; Airspace 

Docket No. 16–AWP–4] 

Establishment of Class E Airspace, 

Hawthorne, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace extending upward from 700 

feet above the surface at Hawthorne 

Industrial Airport, Hawthorne, NV, to 

support the development of instrument 

flight rules (IFR) operations under 

standard instrument approach and 

departure procedures at the airport, for 

the safety of aircraft and management of 

airspace within the National Airspace 

System. 

DATES: Effective 0901 UTC, October 12, 

2017. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.11 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.11A, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC, 20591; 

telephone: (202) 267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). 

For information on the availability of 

this material at NARA, call (202) 741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: Tom 

Clark, Federal Aviation Administration, 

Operations Support Group, Western 

Service Center, 1601 Lind Avenue SW., 

Renton, WA 98057; telephone (425) 

203–4511. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

Class E airspace extending upward from 


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