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IN RESPONSE, PLEASE May 14, 2007
The Commission (1) approved a final rule amending 10 CFR Parts 20, 30, 31, 32, 33, 35, 50, 61, 62, 72, 110, 150, 170, and 171 to establish the regulatory framework for certain radium sources, accelerator-produced material, and certain discrete sources of naturally occurring radioactive material (NARM). The final rule revises the definition of "byproduct material," adds a definition for "discrete source," and amends existing regulations and adds certain provisions in order to provide the regulatory framework for the newly added byproduct material. Following incorporation of the changes and comments noted below, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
Changes and Comments to the Final Rule in SECY-07-0062
The staff should consider developing a regulatory information summary or some other form of communication to inform the public and general and specific licensees of their responsibilities under the rule to prevent the inadvertent handling, transfer, or disposal of these materials. The new requirements and upcoming changes should be prominently highlighted on NRC's web site. The staff should conduct a review of the effectiveness of this rulemaking after it has gained some experience with implementing the new regulations. This review should occur no sooner than 18 months after the effective date of the rule and include recommendations for studies or rule changes that may be needed to more effectively implement the EPAct. Consistent with the effort in this rulemaking, for all future rulemakings involving a working group with Agreement State participation, the staff should, to the extent practical, involve the working group whenever the Commission is considering a change to the rule language that could impact the States. The staff should ensure that existing guidance and procedures on sharing NRC Documents with the States and appropriate working groups are uniformly and consistently implemented.
1. Section 201 of the Energy Reorganization Act, 42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a "majority vote of the members present." Commissioner Jaczko was not present when this item was affirmed. Accordingly the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Jaczko, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote. |
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