10 CFR 20.201 (b), "Surveys", Final Rule - Effective November 20, 1981.
HPPOS-010 PDR-9111210101
Title: 10 CFR 20.201 (b), "Surveys", Final Rule -
Effective November 20, 1981.
See the memorandum from R. H. Wessman to R. T. Carlson (and
others) dated November 5, 1981, and the enclosure of the
notice on final changes to 10 CFR 20.201 (b) from the
Federal Register (FR 53647-53648, October 30, 1981). The
revision to 10 CFR 20.201 (b) is enforceable whenever
adequate surveys (evaluations) are not preformed, even
though failure to perform adequate surveys did not result
is a violation of another NRC radiation protection
standard. This health physics position also applies to
"new" 10 CFR 20.1501 (a).
The revised rule on surveys is based on the assumption that
such failure to perform adequate surveys has the potential
to cause a violation or a violation could have occurred.
In the context of the rule, the principal role of
performing surveys or making evaluations necessary to
comply with regulations is preventive, rather than to
determine if a licensee has satisfied other 10 CFR Part 20
requirements.
It needs to be noted that the revised rule not only
requires surveys as may be necessary to comply with
regulations, but surveys must be performed that are
reasonable under the circumstances to evaluate the extent
of the potential radiation hazards. Thus, a survey serves
as an effective means in preventing both the occurrence of
a violation and the development of conditions in which
violations could occur (see Supplementary Information in FR
53647).
While the revised rule on surveys was effective on November
30, 1981, most licensees do not subscribe to the Federal
Register, nor are they required to subscribe. Therefore,
enforcement actions should not be considered until the rule
is published in the Rules and Regulations for which
licensees are required to have current copies. This is in
keeping with past practices.
Regulatory references: 10 CFR 20.201, 10 CFR 20.1501
Subject codes: 7.1, 7.2, 7.6
Applicability: All