Individual Monitoring Devices, 15347-15352 [2020-05295]

Download as PDF 15347 Rules and Regulations Federal Register Vol. 85, No. 53 Wednesday, March 18, 2020 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 34, 36, and 39 [NRC–2019–0031] RIN 3150–AK29 Individual Monitoring Devices Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to authorize the use of modern individual monitoring devices in industrial radiographic, irradiator, and well logging operations. These amendments will align personnel dosimetry requirements in these areas with the requirements for all other NRC licensees. This direct final rule addresses an issue raised in a petition for rulemaking and will affect NRC and Agreement State licensees. The NRC also is issuing supplemental guidance for use and comment with this direct final rule. DATES: This direct final rule and supplemental guidance are effective June 16, 2020. If adverse comments on the direct final rule are received by April 17, 2020 the direct final rule will be withdrawn. If the direct final rule is withdrawn, the supplemental guidance also is withdrawn; timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. If the direct final rule is withdrawn, comments will be addressed in a subsequent final rule. Comments received on this direct final rule and supplemental guidance will also be considered as comments on the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 You may submit comments by any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0031. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Anthony McMurtray, telephone: 301– 415–2746; email: Anthony.McMurtray@ nrc.gov; or Edward Lohr, telephone: 301–415–0253; email: Edward.Lohr@ nrc.gov. Both are staff of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion V. Guidance Documents VI. Section-by-Section Analysis VII. Regulatory Analysis VIII. Regulatory Flexibility Certification IX. Backfitting and Issue Finality X. Plain Writing XI. National Environmental Policy Act XII. Paperwork Reduction Act Statement XIII. Congressional Review Act XIV. Compatibility of Agreement State Regulations XV. Voluntary Consensus Standards PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2019– 0031 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0031. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2019– 0031 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. E:\FR\FM\18MRR1.SGM 18MRR1 15348 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations II. Rulemaking Procedure Because the NRC considers this action to be non-controversial, the NRC is using the direct final rule procedure for this rule. The amendment to the rule will become effective on June 16, 2020. However, if the NRC receives significant adverse comments on this direct final rule by April 17, 2020, then the NRC will publish a document that withdraws this direct final rule, as well as the associated supplemental guidance. In such a case, the NRC will treat comments on this direct final rule as comments on the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule. For detailed instructions on filing comments, please see the ADDRESSES section of this document. jbell on DSKJLSW7X2PROD with RULES III. Background The regulations in part 34 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations’’; 10 CFR part 36, ‘‘Licenses and Radiation Safety Requirements for Irradiators’’; and 10 CFR part 39, ‘‘Licenses and Radiation Safety Requirements for Well Logging,’’ VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 require the use of personnel dosimetry that is processed and evaluated by an accredited National Voluntary Laboratory Accreditation Program (NVLAP) processor. These regulations restrict the types of personnel dosimeters that can be used and prohibit the use of dosimetry technologies that do not require processing by an accredited NVLAP facility. On July 14, 2016, the NRC received a petition for rulemaking (PRM) from the American Society for Nondestructive Testing and the Nondestructive Testing Management Association (the petitioners) (ADAMS Accession No. ML16228A045). The petition was docketed by the NRC on August 12, 2016, and assigned Docket No. PRM– 34–7. The NRC published a notice of docketing of PRM–34–7 in the Federal Register (81 FR 78732) on November 9, 2016. The petitioners requested that the NRC amend its regulations and associated guidance to authorize the use of improved individual monitoring devices for industrial radiographic personnel. Specifically, the petitioners requested that the NRC amend its regulations to authorize the use of digital output personnel dosimeters to satisfy the personnel dosimetry requirements in § 34.47(a). Personnel dosimetry is a specific type of dosimetry that is used to track an individual worker’s dose. The petitioners interchangeably used the terms ‘‘improved individual monitoring devices,’’ ‘‘electronic personnel monitoring dosimeters,’’ ‘‘electronic dosimeters,’’ and ‘‘digital personnel dosimeters’’ to describe digital output personnel dosimetry. In this direct final rule, the NRC uses the term ‘‘digital output personnel dosimetry’’ in place of these terms. A digital output personnel dosimeter is a specific type of personnel dosimetry that currently cannot be used to meet the requirements in 10 CFR parts 34, 36, and 39 to demonstrate compliance with the occupational dose limits in § 20.1201. On February 11, 2019, the NRC published a document in the Federal Register (84 FR 3116) informing the public that it would consider PRM–34– 7 in the rulemaking process. In the Federal Register document, the NRC accepted the petitioners’ request that the NRC amend its regulations to authorize the use of digital output personnel dosimeters for industrial radiographic personnel and expanded the scope of the rulemaking to include the use of digital output personnel dosimeters in irradiator and well logging operations. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 IV. Discussion The NRC’s requirements related to the safe use of sealed sources of byproduct material in industrial radiography are codified in 10 CFR part 34. The regulation in § 34.47(a) states that during radiographic operations, radiographers and radiographer’s assistants must wear ‘‘a direct reading dosimeter, an operating alarm ratemeter, and a personnel dosimeter that is processed and evaluated by an accredited National Voluntary Laboratory Accreditation Program (NVLAP) processor.’’ Although ‘‘processing’’ is not defined in the regulations, the NRC uses it with a specific meaning related to personnel dosimetry. The NRC interprets processing to mean a process, separate from and independent of the design of the dosimeter, that is required to extract dose information from the dosimeter after exposure to radiation. Processing is necessary with film, thermoluminescent dosimetry (TLD), and optically stimulated luminescence (OSL) dosimetry to obtain the dose information. With film, TLD, and OSL dosimetry, the quality of the processing is dependent on the competence of the processor and not on the dosimeter design, whereas quality is built into the design of dosimeters that do not require processing. An in-depth discussion on this topic can be found in the January 14, 2005, Federal Register document (70 FR 2577) denying a petition for rulemaking (PRM–20–25). Film, TLD, and OSL dosimeters are examples of devices that require processing by qualified technicians using separate equipment to obtain data that is used to compute the dose measurement. Therefore, these types of dosimeters must be processed by an accredited NVLAP facility to ensure the quality of the processing. The NVLAP does not certify or accredit dosimetry devices themselves; it only certifies or accredits device processing. Accreditation by the NVLAP provides a level of assurance of quality of the measurement (i.e., accuracy, precision, and reliability) for processors. Some recently designed personnel dosimeters do not require the type of processing envisioned in the text of § 34.47(a)—that is, data extraction through a process independent of the dosimeter. For example, some personnel dosimeters can provide instantaneous dose readings using internet-enabled computers, smartphones, and tablets. Data is extracted from the detector and then digitally transferred from the dosimeter for computation. The design of the personnel dosimeter, rather than E:\FR\FM\18MRR1.SGM 18MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations the training and qualifications of the processing technician, ensures accurate dose information from the dosimeter after exposure to radiation. Current regulations in § 34.47(a) and similar provisions in 10 CFR parts 36 and 39 require use of personnel dosimeters that require processing. This direct final rule eliminates these requirements for personnel dosimeters that require processing. The requirements in 10 CFR part 20 will continue to provide standards for the use of all personnel dosimeters. The NRC considered recent peerreviewed literature and NRC documents on the performance of digital output personnel dosimeters that were authorized by Agreement State and NRC licensees. The NRC determined that digital output personnel dosimetry has been used successfully by NRC licensees in other operational settings, by some Agreement State licensees in all areas—including industrial radiography, and internationally in multiple applications. The NRC did not find any evidence of generic performance problems with digital output personnel dosimetry in other operating settings, nor did the NRC identify any adverse trends that would preclude the use of this dosimetry by all NRC licensees. In addition, the NRC evaluated the technical specifications of currently available digital output personnel dosimetry and determined that they met or exceeded performance standards, operability criteria (e.g., temperature, humidity), dose ranges, and quality control expectations for use in industrial radiographic, irradiator, and well logging operations. The NRC did not identify issues that would preclude the use of digital output personnel dosimetry in industrial radiographic, irradiator, or well logging operations. Therefore, the NRC determined that there is no technical basis for continuing to limit the types of personnel dosimeters used in industrial radiography, irradiator, and well logging operations to only those that are processed and evaluated by an accredited NVLAP processor. The levels and types of radiation fields encountered in these operations are also encountered in other industries where digital output personnel dosimeters already are allowed. The NRC determined that mandating the use of a particular type of personnel dosimetry will not prevent or reduce the dose received or result in more accurate, precise, or reliable measurements. In addition, having access to digital output personnel dosimeters is especially beneficial to industrial VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 radiography licensees. Under § 34.47(d), certain circumstances require workers to cease work immediately until their radiation dose has been determined. This can involve three or more days of wait time while the personnel dosimeter is sent off-site for processing and evaluation, which could cost the licensee revenue and lost time. Workers using digital output personnel dosimeters do not need to send their dosimeters to a processor and can have their radiation dose determined locally so that the issue can be resolved quickly. Consistent with the agency’s focus on implementing risk-informed, performance-based regulations and transforming its regulatory approaches, the NRC is amending the requirements for licensees under 10 CFR parts 34, 36, and 39 to enable the use of any personnel dosimeters. Removing the requirement to use personnel dosimeters that are processed and evaluated by an accredited NVLAP facility will allow the use of digital output personnel dosimeters (which do not require processing) and ensure all NRC licensees are held to the same standards for personnel dosimetry. Also, because the current regulations are based on the use of film, TLD, and OSL dosimeters (all of which require processing by an accredited NVLAP processor), conforming and clarifying changes related to exchange intervals, monitoring, and recordkeeping are being made to 10 CFR parts 34, 36, and 39 to address personnel dosimeters that do not require processing. These amendments will allow greater consistency with the Agreement States’ programs. On May 11, 2018, the NRC issued an Enforcement Guidance Memorandum (EGM–18–001) that provides guidance for dispositioning potential violations of NRC requirements for personnel dosimetry during NRC-licensed activities under 10 CFR parts 34, 36, and 39 (ADAMS Accession No. ML18068A623). In the EGM, the NRC stated that industrial radiographic, irradiator, and well logging licensees who use digital output personnel dosimetry for personnel monitoring (i.e., dosimetry used for the dose of record) would not be subject to enforcement action for some potential violations of NRC requirements associated with the use of these dosimeters provided that specified conditions are met. The NRC considered the specific conditions specified in EGM–18–001 during the development of this direct final rule. The EGM will expire when this direct final rule becomes effective. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 15349 V. Guidance Documents The NRC is issuing supplemental guidance in conjunction with this direct final rule. Guidance on 10 CFR parts 34, 36, and 39 is provided in NUREG–1556, ‘‘Consolidated Guidance About Materials Licenses,’’ in the volumes for industrial radiography (Volume 2), irradiators (Volume 6), and well logging (Volume 14). This supplemental guidance is intended for use by applicants, licensees, Agreement States, and the NRC staff when personnel dosimeters that do not require processing are being used. It includes guidance to applicants for the completion and submission of materials license applications to the NRC and model procedures that an applicant or licensee may consider when developing or changing its radiation safety program. The supplemental guidance documents (ADAMS package Accession No. ML19360A184) are in a markup format to NRC’s existing guidance and reflect the provisions in the direct final rule. On the effective date of the direct final rule, licensees that elect to use personnel dosimeters that do not require processing may use the supplemental guidance to comply with the provisions in the direct final rule. Comments on the supplemental guidance may be submitted as directed in Section I, ‘‘Obtaining Information and Submitting Comments,’’ of this document. The NRC will incorporate this supplemental guidance into the next comprehensive revision of NUREG–1556. VI. Section-by-Section Analysis The following paragraphs describe the specific changes made in this direct final rule. Section 34.47 Personnel Monitoring In § 34.47, this direct final rule revises paragraph (a) by removing the requirement to use a personnel dosimeter that is processed and evaluated by an accredited NVLAP processer, revises paragraph (a)(3) to make conforming changes, and removes paragraph (a)(4). Paragraph (d) is revised to include the requirement to begin evaluating an individual’s personnel dosimeter within 24 hours for personnel dosimeters that do not require processing, if the conditions in the paragraph are met. Paragraph (f) is revised to state that all dosimetry results received by a licensee are to be retained in accordance with § 34.83. E:\FR\FM\18MRR1.SGM 18MRR1 15350 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations Section 34.83 Records of Personnel Monitoring Procedures In § 34.83, this direct final rule revises paragraph (c) by removing the phrase ‘‘received from the accredited NVLAP processor.’’ Section 36.55 Personnel Monitoring In § 36.55, this direct final rule revises paragraph (a) by removing the requirement to use a personnel dosimeter that is processed and evaluated by an accredited NVLAP processer and clarifying that all personnel dosimeters must be capable of detecting high energy photons in the normal and accident dose ranges. The reference to § 20.1501(c) is removed because it does not apply to all personnel dosimetry. Conforming changes are made to clarify that personnel dosimeters that require processing must be replaced at appropriate intervals, that all personnel dosimeters must be evaluated promptly after replacement and at least quarterly, and an individual’s radiation dose must be determined at periods not to exceed three months. jbell on DSKJLSW7X2PROD with RULES Section 39.65 Personnel Monitoring In § 39.65, this direct final rule revises paragraph (a) by removing the requirement to use a personnel dosimeter that is processed and evaluated by an accredited NVLAP processer. Conforming changes are made to clarify that personnel dosimeters that require processing must be replaced at appropriate intervals, that all personnel dosimeters must be evaluated promptly after replacement and at least quarterly, and an individual’s radiation dose must be determined at periods not to exceed three months. regulatory analysis, these amendments do not have a significant economic impact on the affected small entities. IX. Backfitting and Issue Finality The revisions to 10 CFR parts 34, 36, and 39 would not constitute backfitting as these parts do not have a backfitting provision. In addition, the revisions would not impose any additional requirements. Personnel dosimeters that are not processed would be authorized for voluntary use by licensees, but not required. X. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31885). XI. National Environmental Policy Act The NRC has determined that this direct final rule is the type of action described in § 51.22(c)(2). Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this direct final rule. XII. Paperwork Reduction Act This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget, approval numbers 3150–0007, 3150– 0130, and 3150–0158. Public Protection Notification VII. Regulatory Analysis The NRC has prepared a regulatory analysis (ADAMS Accession No. ML19283B555) to support this direct final rule. The analysis examines the costs and benefits of the alternatives considered by the NRC. The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. VIII. Regulatory Flexibility Certification Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects a number of ‘‘small entities’’ as defined by the Regulatory Flexibility Act or the size standards established by the NRC (§ 2.810). However, as indicated in the This direct final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 XIII. Congressional Review Act XIV. Compatibility of Agreement State Regulations Under the ‘‘Agreement State Program Policy Statement’’ approved by the PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Commission on October 2, 2017 and published in the Federal Register on October 18, 2017 (82 FR 48535), the NRC program elements (including regulations) are placed into Compatibility Categories A, B, C, D, NRC, or Adequacy Category Health and Safety (H&S). Compatibility Category A are those program elements that are basic radiation protection standards and scientific terms and definitions that are necessary to understand radiation protection concepts. An Agreement State should adopt Category A program elements in an essentially identical manner in order to provide uniformity in the regulation of agreement material on a nationwide basis. Compatibility Category B are those program elements that apply to activities that have direct and significant effects in multiple jurisdictions. An Agreement State should adopt Category B program elements in an essentially identical manner. Compatibility Category C are those program elements that do not meet the criteria of Category A or B, but the essential objectives of which an Agreement State should adopt to avoid conflict, duplication, gaps, or other conditions that would jeopardize an orderly pattern in the regulation of agreement material on a national basis. An Agreement State should adopt the essential objectives of the Category C program elements. Compatibility Category D are those program elements that do not meet any of the criteria of Category A, B, or C, and thus, do not need to be adopted by Agreement States for purposes of compatibility. Compatibility Category NRC are those program elements that address areas of regulation that cannot be relinquished to the Agreement States under the Atomic Energy Act of 1954, as amended, or provisions of title 10 of the Code of Federal Regulations. These program elements should not be adopted by the Agreement States. Compatibility Category H&S are program elements that are required because of a particular health and safety role in the regulation of agreement material within the State and should be adopted in a manner that embodies the essential objectives of the NRC program. This direct final rule is a matter of compatibility between the NRC and the Agreement States, thereby providing consistency among Agreement State and the NRC requirements. The compatibility categories are designated in the following table: E:\FR\FM\18MRR1.SGM 18MRR1 15351 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations COMPATIBILITY TABLE Compatibility Section Change Subject Existing Part 34: 34.47(a) .................... 34.47(a)(3) ................ 34.47(d) .................... 34.47(f) ..................... 34.83(c) ..................... Part 36: 36.55(a) .................... Part 39: 39.65(a) .................... Amend Amend Amend Amend Amend ...................... ...................... ...................... ...................... ...................... C C C C C ............ ............ ............ ............ ............ C C C C C Personnel monitoring ................................................................................ H&S ....... H&S Amend ...................... Personnel monitoring devices ................................................................... C ............ C List of Subjects 10 CFR Part 34 Criminal penalties, Manpower training programs, Occupational safety and health, Packaging and containers, Penalties, Radiation protection, Radiography, Reporting and recordkeeping requirements, Scientific equipment, Security measures, X-rays. 10 CFR Part 36 Byproduct material, Criminal penalties, Nuclear energy, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures. jbell on DSKJLSW7X2PROD with RULES ................................................................................ ................................................................................ ................................................................................ ................................................................................ monitoring .............................................................. Amend ...................... XV. Voluntary Consensus Statement The National Technology Transfer and Advancement Act of 1995, Public Law 104–113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise parts 34, 36, and 39 by removing the requirement to use a personnel dosimeter that is processed and evaluated by an accredited NVLAP processer. This action does not constitute the establishment of a standard that contains generally applicable requirements. 18:10 Mar 17, 2020 Jkt 250001 as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 34, 36, and 39: PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS 1. The authority citation for part 34 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182, 183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 44 U.S.C. 3504 note. 2. In § 34.47: a. In paragraph (a) introductory text, remove the phrase ‘‘that is processed and evaluated by an accredited National Voluntary Laboratory Accreditation Program (NVLAP) processor’’; ■ b. Revise paragraph (a)(3); ■ c. Remove paragraph (a)(4); and ■ d. Revise paragraphs (d) and (f). The revisions read as follows: ■ ■ § 34.47 10 CFR Part 39 Byproduct material, Criminal penalties, Labeling, Nuclear energy, Nuclear material, Occupational safety and health, Oil and gas exploration— well logging, Penalties, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Source material, Special nuclear material. 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, VerDate Sep<11>2014 Personnel monitoring Personnel monitoring Personnel monitoring Personnel monitoring Records of personnel New Personnel monitoring. (a) * * * (3) Film badges must be replaced at least monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters must be evaluated at least quarterly or promptly after replacement, whichever is more frequent. * * * * * (d) If an individual’s pocket chamber is found to be off-scale, or if his or her electronic personal dosimeter reads greater than 2 millisieverts (200 millirems), and the possibility of radiation exposure cannot be ruled out as the cause, the individual’s personnel dosimeter that requires processing must be sent for processing and evaluation within 24 hours. For personnel PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 dosimeters that do not require processing, evaluation of the dosimeter must be started within 24 hours. In addition, the individual may not resume work associated with licensed material use until a determination of the individual’s radiation dose has been made. This determination must be made by the RSO or the RSO’s designee. The results of this determination must be included in the records maintained in accordance with § 34.83. * * * * * (f) Dosimetry results must be retained in accordance with § 34.83. * * * * * § 34.83 [Amended] 3. In § 34.83(c), remove the phrase ‘‘received from the accredited NVLAP processor’’. ■ PART 36—LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS 4. The authority citation for part 36 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182, 183, 223, 234, 274 (42 U.S.C. 2111, 2112, 2201, 2231, 2233, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 44 U.S.C. 3504 note. 5. In § 36.55, revise paragraph (a) to read as follows: ■ § 36.55 Personnel monitoring. (a) Irradiator operators shall wear a personnel dosimeter while operating a panoramic irradiator or while in the area around the pool of an underwater irradiator. The personnel dosimeter must be capable of detecting high energy photons in the normal and accident dose ranges. Each personnel dosimeter must be assigned to and worn by only one individual. Film badges must be replaced at least monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters E:\FR\FM\18MRR1.SGM 18MRR1 15352 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations must be evaluated at least quarterly or promptly after replacement, whichever is more frequent. * * * * * PART 39—LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING 6. The authority citation for part 39 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 65, 69, 81, 161, 181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2112, 2201, 2232, 2233, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 44 U.S.C. 3504 note. 7. In § 39.65, revise paragraph (a) to read as follows: ■ § 39.65 Personnel monitoring. (a) The licensee may not permit an individual to act as a logging supervisor or logging assistant unless that person wears a personnel dosimeter at all times during the handling of licensed radioactive materials. Each personnel dosimeter must be assigned to and worn by only one individual. Film badges must be replaced at least monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters must be evaluated at least quarterly or promptly after replacement, whichever is more frequent. * * * * * Dated at Rockville, Maryland, this 3rd day of March, 2020. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2020–05295 Filed 3–17–20; 8:45 am] BILLING CODE 7590–01–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1241 [Document Number NASA–20–028: Docket Number—NASA–2020–0001] RIN 2700–AE51 To Research, Evaluate, Assess, and Treat (TREAT) Astronauts National Aeronautics and Space Administration (NASA). ACTION: Interim final rule; request for comments. jbell on DSKJLSW7X2PROD with RULES AGENCY: With this interim final rule, the National Aeronautics and Space Administration (NASA) is amending its regulations to add a new part that will implement the provisions of the TREAT SUMMARY: VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 Astronauts Act. The new regulations will provide for the medical monitoring and diagnosis of conditions that are potentially spaceflight-associated and treatment of conditions that are spaceflight-associated for former U.S. Government astronauts and payload specialists. DATES: Effective: March 18, 2020. Comments due: Send comments on or before May 18, 2020. ADDRESSES: You may send comments, identified by docket number NASA– 2019–0004 and/or RIN number 2700– AE51, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for sending comments. • Email: HQ-TREATAstronautsAct@ nasa.gov. Include docket number NASA–2019–0004 and/or RIN number 2700–AE51 in the subject line of the message. • Mail: NASA Headquarters, Mail Code 2M21, ATTN: Gwyn E. Smith, 300 E St. SW, Washington, DC 20546–0001. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this rulemaking. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Gwyn E. Smith, Policy Manager, Office of the Chief Health and Medical Officer, 1–833–996–1685, HQTREATAstronautsAct@nasa.gov. SUPPLEMENTARY INFORMATION: I. Background NASA currently has a voluntary medical monitoring program, Lifetime Surveillance of Astronaut Health (LSAH) program, for all U.S. Government astronauts and payload specialists at the NASA Johnson Space Center (JSC). Once they leave the astronaut corps, former U.S. Government astronauts and payload specialists rely on workers’ compensation and other U.S. Government programs to provide diagnosis and treatment for spaceflightassociated conditions. There is no formal mechanism for NASA to receive diagnosis and treatment data on such conditions. As of November 2019, there are approximately 250 living former U.S. Government astronauts and payload specialists. The Agency currently PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 affords occupationally related medical monitoring services through the LSAH program to former U.S. Government astronauts and payload specialists at the JSC with a 60–70 percent participation rate. On March 21, 2017, the President signed into law the National Aeronautics and Space Administration Transition Authorization Act of 2017, Public Law 115–10 (2017). Title IV, Subtitle D, the ‘‘To Research, Evaluate, Assess, and Treat Astronauts Act’’ (hereafter ‘‘TREAT Astronauts Act’’ or ‘‘Act’’) is codified at Section 20149 of Title 51 of the U.S. Code. The TREAT Astronauts Act provides NASA the authority to expand the voluntary monitoring program by developing a more comprehensive occupational surveillance program that will enable earlier detection and diagnosis of medical conditions ‘‘potentially associated’’ with spaceflight and treatment of medical conditions associated with spaceflight. NASA currently uses data from the LSAH program to tailor clinical care for individual astronauts, as well as to inform the human systems risks, current spaceflight operations, and future vehicle standards. The comprehensive occupational surveillance program will provide NASA with more comprehensive data that will ultimately contribute to an improved understanding of the long-term impact of spaceflight. This enhanced program is expected to increase the former U.S. Government astronaut and payload specialist participation rate in the occupational surveillance program to over 80 percent. Human spaceflight poses significant challenges and is full of substantial risk. NASA and its astronauts acknowledge and accept the risks of spaceflight are beyond those of ordinary daily living. Participation in long duration missions or multiple shorter duration missions, increases health risks such as, vision impairment, bone demineralization, and behavioral health issues. In addition, exposure to high levels of radiation and microgravity can result in acute and long-term health consequences that can increase the risk of cancer and tissue degeneration and have potential effects on the musculoskeletal system, central nervous system, cardiovascular system, immune function, and vision. NASA has also seen an increase in health issues former U.S. Government astronauts and payload specialists face, many years after their NASA service. One of the vital tools NASA needs to prepare for future long-duration and exploration missions is more data on the health effects humans face in E:\FR\FM\18MRR1.SGM 18MRR1

Agencies

[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15347-15352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05295]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / 
Rules and Regulations

[[Page 15347]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 34, 36, and 39

[NRC-2019-0031]
RIN 3150-AK29


Individual Monitoring Devices

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to authorize the use of modern individual monitoring 
devices in industrial radiographic, irradiator, and well logging 
operations. These amendments will align personnel dosimetry 
requirements in these areas with the requirements for all other NRC 
licensees. This direct final rule addresses an issue raised in a 
petition for rulemaking and will affect NRC and Agreement State 
licensees. The NRC also is issuing supplemental guidance for use and 
comment with this direct final rule.

DATES: This direct final rule and supplemental guidance are effective 
June 16, 2020. If adverse comments on the direct final rule are 
received by April 17, 2020 the direct final rule will be withdrawn. If 
the direct final rule is withdrawn, the supplemental guidance also is 
withdrawn; timely notice of the withdrawal will be published in the 
Federal Register. Comments received after this date will be considered 
if it is practical to do so, but the NRC is able to ensure 
consideration only for comments received on or before this date. If the 
direct final rule is withdrawn, comments will be addressed in a 
subsequent final rule. Comments received on this direct final rule and 
supplemental guidance will also be considered as comments on the 
companion proposed rule published in the Proposed Rules section of this 
issue of the Federal Register.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0031. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Anthony McMurtray, telephone: 301-415-
2746; email: [email protected]; or Edward Lohr, telephone: 301-
415-0253; email: [email protected]. Both are staff of the Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Guidance Documents
VI. Section-by-Section Analysis
VII. Regulatory Analysis
VIII. Regulatory Flexibility Certification
IX. Backfitting and Issue Finality
X. Plain Writing
XI. National Environmental Policy Act
XII. Paperwork Reduction Act Statement
XIII. Congressional Review Act
XIV. Compatibility of Agreement State Regulations
XV. Voluntary Consensus Standards

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2019-0031 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0031.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2019-0031 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

[[Page 15348]]

II. Rulemaking Procedure

    Because the NRC considers this action to be non-controversial, the 
NRC is using the direct final rule procedure for this rule. The 
amendment to the rule will become effective on June 16, 2020. However, 
if the NRC receives significant adverse comments on this direct final 
rule by April 17, 2020, then the NRC will publish a document that 
withdraws this direct final rule, as well as the associated 
supplemental guidance. In such a case, the NRC will treat comments on 
this direct final rule as comments on the companion proposed rule 
published in the Proposed Rules section of this issue of the Federal 
Register. Absent significant modifications to the proposed revisions 
requiring republication, the NRC will not initiate a second comment 
period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule.
    For detailed instructions on filing comments, please see the 
ADDRESSES section of this document.

III. Background

    The regulations in part 34 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Licenses for Industrial Radiography and 
Radiation Safety Requirements for Industrial Radiographic Operations''; 
10 CFR part 36, ``Licenses and Radiation Safety Requirements for 
Irradiators''; and 10 CFR part 39, ``Licenses and Radiation Safety 
Requirements for Well Logging,'' require the use of personnel dosimetry 
that is processed and evaluated by an accredited National Voluntary 
Laboratory Accreditation Program (NVLAP) processor. These regulations 
restrict the types of personnel dosimeters that can be used and 
prohibit the use of dosimetry technologies that do not require 
processing by an accredited NVLAP facility.
    On July 14, 2016, the NRC received a petition for rulemaking (PRM) 
from the American Society for Nondestructive Testing and the 
Nondestructive Testing Management Association (the petitioners) (ADAMS 
Accession No. ML16228A045). The petition was docketed by the NRC on 
August 12, 2016, and assigned Docket No. PRM-34-7. The NRC published a 
notice of docketing of PRM-34-7 in the Federal Register (81 FR 78732) 
on November 9, 2016. The petitioners requested that the NRC amend its 
regulations and associated guidance to authorize the use of improved 
individual monitoring devices for industrial radiographic personnel. 
Specifically, the petitioners requested that the NRC amend its 
regulations to authorize the use of digital output personnel dosimeters 
to satisfy the personnel dosimetry requirements in Sec.  34.47(a).
    Personnel dosimetry is a specific type of dosimetry that is used to 
track an individual worker's dose. The petitioners interchangeably used 
the terms ``improved individual monitoring devices,'' ``electronic 
personnel monitoring dosimeters,'' ``electronic dosimeters,'' and 
``digital personnel dosimeters'' to describe digital output personnel 
dosimetry. In this direct final rule, the NRC uses the term ``digital 
output personnel dosimetry'' in place of these terms. A digital output 
personnel dosimeter is a specific type of personnel dosimetry that 
currently cannot be used to meet the requirements in 10 CFR parts 34, 
36, and 39 to demonstrate compliance with the occupational dose limits 
in Sec.  20.1201.
    On February 11, 2019, the NRC published a document in the Federal 
Register (84 FR 3116) informing the public that it would consider PRM-
34-7 in the rulemaking process. In the Federal Register document, the 
NRC accepted the petitioners' request that the NRC amend its 
regulations to authorize the use of digital output personnel dosimeters 
for industrial radiographic personnel and expanded the scope of the 
rulemaking to include the use of digital output personnel dosimeters in 
irradiator and well logging operations.

IV. Discussion

    The NRC's requirements related to the safe use of sealed sources of 
byproduct material in industrial radiography are codified in 10 CFR 
part 34. The regulation in Sec.  34.47(a) states that during 
radiographic operations, radiographers and radiographer's assistants 
must wear ``a direct reading dosimeter, an operating alarm ratemeter, 
and a personnel dosimeter that is processed and evaluated by an 
accredited National Voluntary Laboratory Accreditation Program (NVLAP) 
processor.''
    Although ``processing'' is not defined in the regulations, the NRC 
uses it with a specific meaning related to personnel dosimetry. The NRC 
interprets processing to mean a process, separate from and independent 
of the design of the dosimeter, that is required to extract dose 
information from the dosimeter after exposure to radiation. Processing 
is necessary with film, thermoluminescent dosimetry (TLD), and 
optically stimulated luminescence (OSL) dosimetry to obtain the dose 
information. With film, TLD, and OSL dosimetry, the quality of the 
processing is dependent on the competence of the processor and not on 
the dosimeter design, whereas quality is built into the design of 
dosimeters that do not require processing. An in-depth discussion on 
this topic can be found in the January 14, 2005, Federal Register 
document (70 FR 2577) denying a petition for rulemaking (PRM-20-25).
    Film, TLD, and OSL dosimeters are examples of devices that require 
processing by qualified technicians using separate equipment to obtain 
data that is used to compute the dose measurement. Therefore, these 
types of dosimeters must be processed by an accredited NVLAP facility 
to ensure the quality of the processing. The NVLAP does not certify or 
accredit dosimetry devices themselves; it only certifies or accredits 
device processing. Accreditation by the NVLAP provides a level of 
assurance of quality of the measurement (i.e., accuracy, precision, and 
reliability) for processors.
    Some recently designed personnel dosimeters do not require the type 
of processing envisioned in the text of Sec.  34.47(a)--that is, data 
extraction through a process independent of the dosimeter. For example, 
some personnel dosimeters can provide instantaneous dose readings using 
internet-enabled computers, smartphones, and tablets. Data is extracted 
from the detector and then digitally transferred from the dosimeter for 
computation. The design of the personnel dosimeter, rather than

[[Page 15349]]

the training and qualifications of the processing technician, ensures 
accurate dose information from the dosimeter after exposure to 
radiation.
    Current regulations in Sec.  34.47(a) and similar provisions in 10 
CFR parts 36 and 39 require use of personnel dosimeters that require 
processing. This direct final rule eliminates these requirements for 
personnel dosimeters that require processing. The requirements in 10 
CFR part 20 will continue to provide standards for the use of all 
personnel dosimeters.
    The NRC considered recent peer-reviewed literature and NRC 
documents on the performance of digital output personnel dosimeters 
that were authorized by Agreement State and NRC licensees. The NRC 
determined that digital output personnel dosimetry has been used 
successfully by NRC licensees in other operational settings, by some 
Agreement State licensees in all areas--including industrial 
radiography, and internationally in multiple applications. The NRC did 
not find any evidence of generic performance problems with digital 
output personnel dosimetry in other operating settings, nor did the NRC 
identify any adverse trends that would preclude the use of this 
dosimetry by all NRC licensees.
    In addition, the NRC evaluated the technical specifications of 
currently available digital output personnel dosimetry and determined 
that they met or exceeded performance standards, operability criteria 
(e.g., temperature, humidity), dose ranges, and quality control 
expectations for use in industrial radiographic, irradiator, and well 
logging operations. The NRC did not identify issues that would preclude 
the use of digital output personnel dosimetry in industrial 
radiographic, irradiator, or well logging operations.
    Therefore, the NRC determined that there is no technical basis for 
continuing to limit the types of personnel dosimeters used in 
industrial radiography, irradiator, and well logging operations to only 
those that are processed and evaluated by an accredited NVLAP 
processor. The levels and types of radiation fields encountered in 
these operations are also encountered in other industries where digital 
output personnel dosimeters already are allowed. The NRC determined 
that mandating the use of a particular type of personnel dosimetry will 
not prevent or reduce the dose received or result in more accurate, 
precise, or reliable measurements.
    In addition, having access to digital output personnel dosimeters 
is especially beneficial to industrial radiography licensees. Under 
Sec.  34.47(d), certain circumstances require workers to cease work 
immediately until their radiation dose has been determined. This can 
involve three or more days of wait time while the personnel dosimeter 
is sent off-site for processing and evaluation, which could cost the 
licensee revenue and lost time. Workers using digital output personnel 
dosimeters do not need to send their dosimeters to a processor and can 
have their radiation dose determined locally so that the issue can be 
resolved quickly.
    Consistent with the agency's focus on implementing risk-informed, 
performance-based regulations and transforming its regulatory 
approaches, the NRC is amending the requirements for licensees under 10 
CFR parts 34, 36, and 39 to enable the use of any personnel dosimeters. 
Removing the requirement to use personnel dosimeters that are processed 
and evaluated by an accredited NVLAP facility will allow the use of 
digital output personnel dosimeters (which do not require processing) 
and ensure all NRC licensees are held to the same standards for 
personnel dosimetry. Also, because the current regulations are based on 
the use of film, TLD, and OSL dosimeters (all of which require 
processing by an accredited NVLAP processor), conforming and clarifying 
changes related to exchange intervals, monitoring, and recordkeeping 
are being made to 10 CFR parts 34, 36, and 39 to address personnel 
dosimeters that do not require processing. These amendments will allow 
greater consistency with the Agreement States' programs.
    On May 11, 2018, the NRC issued an Enforcement Guidance Memorandum 
(EGM-18-001) that provides guidance for dispositioning potential 
violations of NRC requirements for personnel dosimetry during NRC-
licensed activities under 10 CFR parts 34, 36, and 39 (ADAMS Accession 
No. ML18068A623). In the EGM, the NRC stated that industrial 
radiographic, irradiator, and well logging licensees who use digital 
output personnel dosimetry for personnel monitoring (i.e., dosimetry 
used for the dose of record) would not be subject to enforcement action 
for some potential violations of NRC requirements associated with the 
use of these dosimeters provided that specified conditions are met. The 
NRC considered the specific conditions specified in EGM-18-001 during 
the development of this direct final rule. The EGM will expire when 
this direct final rule becomes effective.

V. Guidance Documents

    The NRC is issuing supplemental guidance in conjunction with this 
direct final rule. Guidance on 10 CFR parts 34, 36, and 39 is provided 
in NUREG-1556, ``Consolidated Guidance About Materials Licenses,'' in 
the volumes for industrial radiography (Volume 2), irradiators (Volume 
6), and well logging (Volume 14). This supplemental guidance is 
intended for use by applicants, licensees, Agreement States, and the 
NRC staff when personnel dosimeters that do not require processing are 
being used. It includes guidance to applicants for the completion and 
submission of materials license applications to the NRC and model 
procedures that an applicant or licensee may consider when developing 
or changing its radiation safety program.
    The supplemental guidance documents (ADAMS package Accession No. 
ML19360A184) are in a markup format to NRC's existing guidance and 
reflect the provisions in the direct final rule. On the effective date 
of the direct final rule, licensees that elect to use personnel 
dosimeters that do not require processing may use the supplemental 
guidance to comply with the provisions in the direct final rule.
    Comments on the supplemental guidance may be submitted as directed 
in Section I, ``Obtaining Information and Submitting Comments,'' of 
this document. The NRC will incorporate this supplemental guidance into 
the next comprehensive revision of NUREG-1556.

VI. Section-by-Section Analysis

    The following paragraphs describe the specific changes made in this 
direct final rule.

Section 34.47 Personnel Monitoring

    In Sec.  34.47, this direct final rule revises paragraph (a) by 
removing the requirement to use a personnel dosimeter that is processed 
and evaluated by an accredited NVLAP processer, revises paragraph 
(a)(3) to make conforming changes, and removes paragraph (a)(4).
    Paragraph (d) is revised to include the requirement to begin 
evaluating an individual's personnel dosimeter within 24 hours for 
personnel dosimeters that do not require processing, if the conditions 
in the paragraph are met.
    Paragraph (f) is revised to state that all dosimetry results 
received by a licensee are to be retained in accordance with Sec.  
34.83.

[[Page 15350]]

Section 34.83 Records of Personnel Monitoring Procedures

    In Sec.  34.83, this direct final rule revises paragraph (c) by 
removing the phrase ``received from the accredited NVLAP processor.''

Section 36.55 Personnel Monitoring

    In Sec.  36.55, this direct final rule revises paragraph (a) by 
removing the requirement to use a personnel dosimeter that is processed 
and evaluated by an accredited NVLAP processer and clarifying that all 
personnel dosimeters must be capable of detecting high energy photons 
in the normal and accident dose ranges. The reference to Sec.  
20.1501(c) is removed because it does not apply to all personnel 
dosimetry. Conforming changes are made to clarify that personnel 
dosimeters that require processing must be replaced at appropriate 
intervals, that all personnel dosimeters must be evaluated promptly 
after replacement and at least quarterly, and an individual's radiation 
dose must be determined at periods not to exceed three months.

Section 39.65 Personnel Monitoring

    In Sec.  39.65, this direct final rule revises paragraph (a) by 
removing the requirement to use a personnel dosimeter that is processed 
and evaluated by an accredited NVLAP processer. Conforming changes are 
made to clarify that personnel dosimeters that require processing must 
be replaced at appropriate intervals, that all personnel dosimeters 
must be evaluated promptly after replacement and at least quarterly, 
and an individual's radiation dose must be determined at periods not to 
exceed three months.

VII. Regulatory Analysis

    The NRC has prepared a regulatory analysis (ADAMS Accession No. 
ML19283B555) to support this direct final rule. The analysis examines 
the costs and benefits of the alternatives considered by the NRC.

VIII. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC 
certifies that this direct final rule will not, if issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects a number of ``small entities'' as 
defined by the Regulatory Flexibility Act or the size standards 
established by the NRC (Sec.  2.810). However, as indicated in the 
regulatory analysis, these amendments do not have a significant 
economic impact on the affected small entities.

IX. Backfitting and Issue Finality

    The revisions to 10 CFR parts 34, 36, and 39 would not constitute 
backfitting as these parts do not have a backfitting provision. In 
addition, the revisions would not impose any additional requirements. 
Personnel dosimeters that are not processed would be authorized for 
voluntary use by licensees, but not required.

X. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

XI. National Environmental Policy Act

    The NRC has determined that this direct final rule is the type of 
action described in Sec.  51.22(c)(2). Therefore, neither an 
environmental impact statement nor environmental assessment has been 
prepared for this direct final rule.

XII. Paperwork Reduction Act

    This direct final rule does not contain any new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget, approval numbers 3150-
0007, 3150-0130, and 3150-0158.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XIII. Congressional Review Act

    This direct final rule is a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808). However, the Office of Management and 
Budget has not found it to be a major rule as defined in the 
Congressional Review Act.

XIV. Compatibility of Agreement State Regulations

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017 and published in the Federal Register 
on October 18, 2017 (82 FR 48535), the NRC program elements (including 
regulations) are placed into Compatibility Categories A, B, C, D, NRC, 
or Adequacy Category Health and Safety (H&S). Compatibility Category A 
are those program elements that are basic radiation protection 
standards and scientific terms and definitions that are necessary to 
understand radiation protection concepts. An Agreement State should 
adopt Category A program elements in an essentially identical manner in 
order to provide uniformity in the regulation of agreement material on 
a nationwide basis. Compatibility Category B are those program elements 
that apply to activities that have direct and significant effects in 
multiple jurisdictions. An Agreement State should adopt Category B 
program elements in an essentially identical manner. Compatibility 
Category C are those program elements that do not meet the criteria of 
Category A or B, but the essential objectives of which an Agreement 
State should adopt to avoid conflict, duplication, gaps, or other 
conditions that would jeopardize an orderly pattern in the regulation 
of agreement material on a national basis. An Agreement State should 
adopt the essential objectives of the Category C program elements. 
Compatibility Category D are those program elements that do not meet 
any of the criteria of Category A, B, or C, and thus, do not need to be 
adopted by Agreement States for purposes of compatibility. 
Compatibility Category NRC are those program elements that address 
areas of regulation that cannot be relinquished to the Agreement States 
under the Atomic Energy Act of 1954, as amended, or provisions of title 
10 of the Code of Federal Regulations. These program elements should 
not be adopted by the Agreement States. Compatibility Category H&S are 
program elements that are required because of a particular health and 
safety role in the regulation of agreement material within the State 
and should be adopted in a manner that embodies the essential 
objectives of the NRC program.
    This direct final rule is a matter of compatibility between the NRC 
and the Agreement States, thereby providing consistency among Agreement 
State and the NRC requirements. The compatibility categories are 
designated in the following table:

[[Page 15351]]



                                               Compatibility Table
----------------------------------------------------------------------------------------------------------------
                                                                                          Compatibility
             Section                     Change                Subject         ---------------------------------
                                                                                    Existing           New
----------------------------------------------------------------------------------------------------------------
Part 34:
34.47(a)........................  Amend..............  Personnel monitoring...  C..............  C
34.47(a)(3).....................  Amend..............  Personnel monitoring...  C..............  C
34.47(d)........................  Amend..............  Personnel monitoring...  C..............  C
34.47(f)........................  Amend..............  Personnel monitoring...  C..............  C
34.83(c)........................  Amend..............  Records of personnel     C..............  C
                                                        monitoring.
Part 36:
36.55(a)........................  Amend..............  Personnel monitoring...  H&S............  H&S
Part 39:
39.65(a)........................  Amend..............  Personnel monitoring     C..............  C
                                                        devices.
----------------------------------------------------------------------------------------------------------------

XV. Voluntary Consensus Statement

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this direct final rule, the 
NRC will revise parts 34, 36, and 39 by removing the requirement to use 
a personnel dosimeter that is processed and evaluated by an accredited 
NVLAP processer. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

List of Subjects

10 CFR Part 34

    Criminal penalties, Manpower training programs, Occupational safety 
and health, Packaging and containers, Penalties, Radiation protection, 
Radiography, Reporting and recordkeeping requirements, Scientific 
equipment, Security measures, X-rays.

10 CFR Part 36

    Byproduct material, Criminal penalties, Nuclear energy, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements, Scientific equipment, Security measures.

10 CFR Part 39

    Byproduct material, Criminal penalties, Labeling, Nuclear energy, 
Nuclear material, Occupational safety and health, Oil and gas 
exploration--well logging, Penalties, Radiation protection, Reporting 
and recordkeeping requirements, Scientific equipment, Security 
measures, Source material, Special nuclear material.

    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; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following 
amendments to 10 CFR parts 34, 36, and 39:

PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY 
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

0
1. The authority citation for part 34 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182, 
183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273, 
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42 
U.S.C. 5841, 5846); 44 U.S.C. 3504 note.


0
2. In Sec.  34.47:
0
a. In paragraph (a) introductory text, remove the phrase ``that is 
processed and evaluated by an accredited National Voluntary Laboratory 
Accreditation Program (NVLAP) processor'';
0
b. Revise paragraph (a)(3);
0
c. Remove paragraph (a)(4); and
0
d. Revise paragraphs (d) and (f).
    The revisions read as follows:


Sec.  34.47  Personnel monitoring.

    (a) * * *
    (3) Film badges must be replaced at least monthly and all other 
personnel dosimeters that require replacement must be replaced at least 
quarterly. All personnel dosimeters must be evaluated at least 
quarterly or promptly after replacement, whichever is more frequent.
* * * * *
    (d) If an individual's pocket chamber is found to be off-scale, or 
if his or her electronic personal dosimeter reads greater than 2 
millisieverts (200 millirems), and the possibility of radiation 
exposure cannot be ruled out as the cause, the individual's personnel 
dosimeter that requires processing must be sent for processing and 
evaluation within 24 hours. For personnel dosimeters that do not 
require processing, evaluation of the dosimeter must be started within 
24 hours. In addition, the individual may not resume work associated 
with licensed material use until a determination of the individual's 
radiation dose has been made. This determination must be made by the 
RSO or the RSO's designee. The results of this determination must be 
included in the records maintained in accordance with Sec.  34.83.
* * * * *
    (f) Dosimetry results must be retained in accordance with Sec.  
34.83.
* * * * *


Sec.  34.83  [Amended]

0
3. In Sec.  34.83(c), remove the phrase ``received from the accredited 
NVLAP processor''.

PART 36--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS

0
4. The authority citation for part 36 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182, 
183, 223, 234, 274 (42 U.S.C. 2111, 2112, 2201, 2231, 2233, 2273, 
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42 
U.S.C. 5841, 5846); 44 U.S.C. 3504 note.


0
5. In Sec.  36.55, revise paragraph (a) to read as follows:


Sec.  36.55  Personnel monitoring.

    (a) Irradiator operators shall wear a personnel dosimeter while 
operating a panoramic irradiator or while in the area around the pool 
of an underwater irradiator. The personnel dosimeter must be capable of 
detecting high energy photons in the normal and accident dose ranges. 
Each personnel dosimeter must be assigned to and worn by only one 
individual. Film badges must be replaced at least monthly and all other 
personnel dosimeters that require replacement must be replaced at least 
quarterly. All personnel dosimeters

[[Page 15352]]

must be evaluated at least quarterly or promptly after replacement, 
whichever is more frequent.
* * * * *

PART 39--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL 
LOGGING

0
6. The authority citation for part 39 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 65, 
69, 81, 161, 181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, 
2093, 2095, 2099, 2111, 2112, 2201, 2232, 2233, 2273, 2282); Energy 
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 
44 U.S.C. 3504 note.


0
7. In Sec.  39.65, revise paragraph (a) to read as follows:


Sec.  39.65  Personnel monitoring.

    (a) The licensee may not permit an individual to act as a logging 
supervisor or logging assistant unless that person wears a personnel 
dosimeter at all times during the handling of licensed radioactive 
materials. Each personnel dosimeter must be assigned to and worn by 
only one individual. Film badges must be replaced at least monthly and 
all other personnel dosimeters that require replacement must be 
replaced at least quarterly. All personnel dosimeters must be evaluated 
at least quarterly or promptly after replacement, whichever is more 
frequent.
* * * * *

    Dated at Rockville, Maryland, this 3rd day of March, 2020.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-05295 Filed 3-17-20; 8:45 am]
BILLING CODE 7590-01-P