Occupational Radiation Protection, 37512-37514 [2017-16983]
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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations
Appendix to the Preamble—References
DEPARTMENT OF ENERGY
10 CFR Part 835
[AU–RM–16–ORP]
RIN 1992–AA51
Occupational Radiation Protection
Office of Environment, Health,
Safety and Security, U.S. Department of
Energy.
ACTION: Final rule.
AGENCY:
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.
SUMMARY:
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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
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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 24hour 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
PO 00000
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Fmt 4700
Sfmt 4700
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
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.
INFORMATION
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
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.).
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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
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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.
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37513
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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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
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:
■
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).
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
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Appendix—References
14 CFR Part 71
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.).
[Docket No. FAA–2017–0297; Airspace
Docket No. 16–AWP–4]
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Establishment of Class E Airspace,
Hawthorne, NV
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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Fmt 4700
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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 https://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 https://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:
SUMMARY:
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
E:\FR\FM\11AUR1.SGM
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Agencies
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37512-37514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16983]
[[Page 37512]]
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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 [mu]Ci/mL (7E+04 Bq/m\3\). 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 Rh-102 to 6.4E+05
[mu]Ci and the activity from Rh-102m to 3.0E+05 [mu]Ci. 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
[[Page 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,
[[Page 37514]]
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
0
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]
0
2. In appendix C, the sentence following the table is amended by
removing ``6 E-06 [mu]Ci/mL (2 E+04 Bq/m\3\)'' and adding in its place
``1 E-06 [micro]Ci/mL (7 E+04 Bq/m\3\)''.
Appendix E to Part 835--[Amended]
0
3. In appendix E, the activity value is amended in the second column of
the table for the following nuclides:
0
a. For Rh-102, remove the value of ``3.0E+05'' and add in its place
``6.4E+05''; and
0
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