Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations 20337
(7 CFR part 1b), and (4) APHIS’ NEPA b. In paragraph (a)(3), by adding the current practices in the well logging Implementing Procedures (7 CFR part words ‘‘and the Republic of South industry. 372). Africa’’ immediately after ‘‘Greece’’. EFFECTIVE DATE: May 17, 2000. Copies of the environmental c. In paragraph (b)(1), by removing the assessment and finding of no significant reference to ‘‘part 92’’ and adding in its FOR FURTHER INFORMATION CONTACT: impact are available for public place a reference to ‘‘part 93’’. Mark Haisfield, Office of Nuclear inspection at USDA, room 1141, South Material Safety and Safeguards, U.S. Building, 14th Street and Independence § 94.11 [Amended] Nuclear Regulatory Commission, Avenue SW., Washington, DC, between 3. In § 94.11, paragraph (a) is Washington, DC 20555–0001, telephone 8 a.m. and 4:30 p.m., Monday through amended by adding, in the first (301) 415–6196, e-mail [email protected]. Friday, except holidays. Persons sentence, the words ‘‘Republic of South SUPPLEMENTARY INFORMATION: The wishing to inspect copies are requested Africa except the foot-and-mouth Nuclear Regulatory Commission is to call ahead on (202)690–2817 to disease controlled area (which extends amending its regulations to facilitate entry into the reading room. In from the Republic of South Africa’s acknowledge and accommodate the use addition, copies may be obtained by border with Mozambique approximately of well logging technology that was not writing to the individual listed under 30 to 90 kilometers into the Republic of incorporated when the NRC issued the FOR FURTHER INFORMATION CONTACT. South Africa to include Kruger National existing well logging regulations (March Park and surveillance and control zones Paperwork Reduction Act 17, 1987; 52 FR 8225). This technology around the park, and elsewhere extends, allows licensees to lower a logging tool This rule contains no new from east to west, approximately 10 to down a well at the same time that the information collection or recordkeeping 20 kilometers into the Republic of South hole for the well is being drilled instead requirements under the Paperwork Africa along its borders with of requiring drilling to stop, removing Reduction Act of 1995 (44 U.S.C. 3501 Mozambique, Swaziland, Zimbabwe, drilling pieces, and lowering a logging et seq.). Botswana, and the southeast part of the tool down the well. This technology is List of Subjects in Part 94 border with Namibia),’’ immediately commonly referred to as ‘‘logging while after ‘‘Republic of Korea,’’. drilling.’’ This process uses a relatively Animal diseases, Imports, Livestock, small radioactive source within the Meat and meat products, Milk, Poultry Done in Washington, DC, this 11th day of April 2000. logging tool in addition to the larger and poultry products, Reporting and radioactive sources currently used in recordkeeping requirements. Bobby R. Acord, logging a well. The 1987 regulations Accordingly, we are amending 9 CFR Acting Administrator, Animal and Plant Health Inspection Service. were based on the use of the larger part 94 as follows: [FR Doc. 00–9491 Filed 4–14–00; 8:45 am] radioactive sources and include provisions that are unnecessary and PART 94ÐRINDERPEST, FOOT-AND- BILLING CODE 3410±34±P MOUTH DISEASE, FOWL PEST (FOWL potentially burdensome for the PLAGUE), EXOTIC NEWCASTLE additional small sources. These changes DISEASE, AFRICAN SWINE FEVER, NUCLEAR REGULATORY will have no significant impact on HOG CHOLERA, AND BOVINE COMMISSION public health and safety and the SPONGIFORM ENCEPHALOPATHY: environment while reducing potential PROHIBITED AND RESTRICTED 10 CFR Part 39 burdens to licensees. Licensees will no IMPORTATIONS longer need to comply with unnecessary RIN 3150±AG14 regulatory requirements for these small 1. The authority citation for part 94 Energy Compensation Sources for sources or to request licensing continues to read as follows: Well Logging and Other Regulatory exemptions from the NRC for actions Authority: 7 U.S.C. 147a, 150ee, 161, 162, Clarifications dealing with these small sources. Other 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, changes are also being implemented to 134a, 134b, 134c, 134f, 136, and 136a; 31 AGENCY: Nuclear Regulatory improve, clarify, and update NRC’s well U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR Commission. logging regulations to reduce confusion. 2.22, 2.80, and 371.2(d). ACTION: Final rule. These changes may also reduce the need for licensees to request exemptions from § 94.1 [Amended] SUMMARY: The Nuclear Regulatory unnecessary requirements. Commission (NRC) is amending its 2. Section 94.1 is amended as follows: Introduction a. In paragraph (a)(2), by adding the regulations governing licenses and words ‘‘Republic of South Africa except radiation safety requirements for well Oil and gas come from accumulations the foot-and-mouth disease controlled logging. The final rule modifies NRC in the pore spaces of reservoir rocks area (which extends from the Republic regulations dealing with: low activity (usually sandstone, limestone, or of South Africa’s border with energy compensation sources; tritium dolomites) and are removed via a well. Mozambique approximately 30 to 90 neutron generator target sources;specific Because the amount of oil and gas in kilometers into the Republic of South abandonment procedures in the event of these pore spaces is dependent upon the Africa to include Kruger National Park an immediate threat; changes to rock’s characteristics, the oil and gas and surveillance and control zones requirements for inadvertent intrusion industry often needs to determine the around the park, and elsewhere extends, on an abandoned source; the characteristics of underground from east to west, approximately 10 to codification of an existing generic formations to predict the commercial 20 kilometers into the Republic of South exemption; the removal of an obsolete viability of a new or existing well. Africa along its borders with date; and updating regulations to be Licensed radioactive materials are used Mozambique, Swaziland, Zimbabwe, consistent with the Commission’s to obtain information on certain Botswana, and the southeast part of the metrication policy. The amendments to properties of an underground formation, border with Namibia),’’ immediately NRC’s regulations are necessary to such as type of rock, porosity, after ‘‘Republic of Korea,’’. improve, clarify, update, and reflect hydrocarbon content, and density.
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These properties are important in the SECY–98–105, dated May 12, 1998, and if a surface casing is not used, the NRC evaluation of oil and gas reservoirs. approved by the Commission in a Staff would retain the well abandonment One method to obtain information Requirements Memorandum dated June requirements. Requirements established about oil and gas reservoirs is by using 25, 1998. in other parts of NRC regulations (e.g., well logging tools. Licensed radioactive In the final Rulemaking Plan, the NRC 10 CFR Parts 20, 30, 40, and 70) still materials (sealed radioactive sources proposed to modify the existing apply to the possession and use of with associated radiation detectors) are regulations in 10 CFR Part 39 to account licensed material and are adequate to contained in well logging tools. for the use of ECSs. The changes would protect public health and safety and the Americium-241 and cesium-137 are the reduce regulatory burden on NRC and environment. radioactive materials most frequently Agreement State licensees with no Therefore, the NRC is amending 10 used for this purpose. Traditionally, significant impact to public health and CFR Part 39 to recognize the use of an these tools are lowered into a well on a safety. In addition, there are other ECS in well logging and to provide wireline. The depth of the well could sections within 10 CFR Part 39 that requirements governing its use. These range from several hundred feet to should be changed to improve, clarify, provisions include radioactivity limits greater than 30,000 feet. Information and update the existing regulations. The on the ECS and leak testing collected by the detectors is sent to the final Rulemaking Plan provides the requirements. The most significant surface through the wireline and plotted rationale used in the development of change will exclude an ECS from the on a chart as the logging tool is slowly this proposed rule. The NRC published costly procedures for well abandonment raised from the bottom of the well. the proposed rule in the Federal in the event only an ECS is lost within Licensed radioactive materials are also Register on April 19, 1999 (64 FR the well. The requirements for well used for similar purposes in coal and 19089). The NRC received five abandonment, in addition to specific mineral exploration. comments on the proposed rule. These reporting and approval requirements, The licensing and radiation safety comments and responses are discussed require the source to be immobilized requirements for well logging are in the ‘‘Comments on the Proposed and sealed in place with a cement plug provided in 10 CFR Part 39. When the Rule’’ section. which must be protected from existing regulations for well logging inadvertent intrusion, and the mounting Regulatory Action were promulgated in 1987, the well of a permanent plaque at the surface of logging process required drilling to stop The NRC is making seven specific the well. In the Regulatory Analysis while parts of the drilling pieces were changes to improve, clarify, and update (RA) conducted for this rulemaking, a removed before lowering a logging tool the requirements in 10 CFR Part 39. limited survey of ECS users indicated down a well. More recent technology, 1. The principal objective of this that about eight ECSs are abandoned per referred to as logging-while-drilling rulemaking is amending 10 CFR Part 39 year. Although estimated abandonment (LWD), allows well logging to be to accommodate the radioactive ECSs costs varied significantly by survey accomplished during drilling. This that are used in some well logging respondent, the estimated savings to the technology employs an additional low- applications. The ECS is a low activity industry to avoid eight abandonments activity radioactive source within the source, typically less than 1.85 MBq (50 per year is $5 million. well logging tool known as an energy microcuries), compared to the normal The NRC is establishing 3.7 MBq (100 compensation source, or ECS. The ECS 110 GBq to 740 GBq (3 to 20 curies) microcuries) as the limit for an ECS. is used to calibrate the well logging tool sources used in well logging. 10 CFR Existing ECSs typically use up to 1.85 while the well is being drilled. Part 39, originally promulgated in 1987, MBq (50 microcuries) of americium-241 LWD provides real time data during does not provide any specific provisions (cesium-137 sources are smaller). One drilling operations and improves the for these low activity sources. Many of licensee noted that they have calibration evaluation of geologic formations while the requirements in 10 CFR Part 39, sources that use more than 100 reducing drilling costs. The real-time when applied to an ECS, are not microcuries. The 3.7 MBq (100 information can aid in decision making appropriate or necessary to protect microcuries) limit will allow licensees because evaluating a formation can be public health and safety and the flexibility in designing new sources of planned as soon as the drill bit reaches environment. Therefore, the NRC is this kind while maintaining their a formation. changing the existing regulations. radioactivity within an environmentally Because the existing regulations do safe level. These ECS sources will not be Background not allow for variations based on the required to meet the requirements in Based on the changing technology in activity of the source, licensees who use § 39.41. However, the ECS sources for the well logging industry, the NRC an ECS would need to meet all the use in well logging applications will be developed a Rulemaking Plan to requirements for larger sources. required to be registered pursuant to 10 consider the need to update 10 CFR Part Examples of requirements which are CFR 32.210. 10 CFR 32.210 requires an 39. On May 28, 1997, the NRC provided overly burdensome for licensees using evaluation using radiation safety criteria Agreement States a draft Rulemaking ECSs include those addressing well from accepted industry standards. Plan for comment entitled, ‘‘Energy abandonment (§§ 39.15 and 39.77), leak Applicable standards for calibration Compensation Sources for Well Logging testing (§ 39.35), design and sources may be found in American and Clarifications—Changes to 10 CFR performance criteria for sealed sources National Standard Institute (ANSI) Part 39.’’ The draft Rulemaking Plan (§ 39.41), and monitoring of sources standards (e.g., ANSI/HPS N43.6–1997). was contained in SECY–97–111, also lodged in a well (§ 39.69). The NRC is ECSs are used for logging oil and gas dated May 28, 1997. Comments were requiring that only those sections wells, which use casings to protect fresh received from the States of Utah, dealing with leak testing (a revised water aquifers. Hence, the only potential Illinois, and Washington. These States § 39.35 specifically addresses ECSs), exposure hazard these sources would generally supported the proposal and physical inventory (§ 39.37), and present is to workers, and worker provided specific information and records of material use (§ 39.39) will exposure could only occur if an ECS comments. Where appropriate, these apply to the use of an ECS. were ruptured. If ruptured, workers comments were incorporated into the Oil and gas wells use a surface casing could be exposed to the radionuclide final Rulemaking Plan contained in to protect fresh water aquifers. However, through ingestion or by absorption
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Response: The NRC staff does not procedures. The NRC also agrees with commenter does not believe that NRC agree that there is a need to impose the points made by this commenter. can assume that the well logging tool additional 10 CFR Part 39 requirements Section 39.77(c)(1)(i), (ii), and (d)(9) will afford significant protection for any for possession of these small sources, would be amended to allow an option source much less the ECS sources. The due to the low risk, and discussed these to immediately abandon a well without commenter noted that the proposed concerns with the commenter who, after prior NRC approval when the licensee regulation states that part of the reason further consideration, agreed. However, believes there is an immediate threat to for many of the exemptions for the ECS when authorizing ECS’s, the NRC does public health and safety. For this type sources is the additional protection intend to provide guidance for license of immediate abandonment, the licensee provided by the logging tool. conditions that would prohibit opening is required to justify to NRC in writing Response: Historically, the NRC has the source. This will be done in why it was necessary. not regulated source holders or the well NUREG–1556, Vol. 14, ‘‘Consolidated Comment: One commenter requests logging devices in which the source Guidance About Materials Licenses— clarification how a licensed party will holders or sources are placed. The Program-Specific Guidance About Well make the decision to abandon these sealed sources themselves must meet 10 Logging, Tracer, and Field Flood Study sources (i.e., RSO or authorized user) CFR Part 39 requirements that are License.’’ and what criteria will be used to essentially equivalent to ANSI criteria The NRC staff does not agree with the determine if there is an immediate for use in well logging and does not take commenter suggestion to increase the public health concern from explosions into account any protection provided by ECS limit to 200 microcuries. The of other hazards. The commenter the tool or source holder. NRC also Environmental Assessment did not requests that if these items are not notes that there has been no history of support a 200 microcurie limit for all included in the regulations, the NRC problems with the source-tool isotopes. Although the risk varies with identify how they are to be resolved. combinations. Response: The purpose of this individual isotopes, the NRC staff Comment: A commenter noted that it proposed change was to allow licensees believes that a single limit should be was approached in 1993 by a well flexibility in the use of their best applied to allow efficient logging licensee to implement rule judgement when there is the possibility implementation. The 100 microcurie changes regarding ECSs used in logging of an immediate threat to public health limit is consistent with the long while drilling (LWD) operations. The and safety. To add specific requirements standing maximum limit NRC has commenter noted that this was the only as to who makes the on-the-spot established for exempting beta/gamma licensee in the State using ECSs and that decision and what specific criteria they sources from leak testing requirements, they preferred to handle this technology are to use would negate some of the which reflects the lower risk associated through license conditions. As of June flexibility that the NRC was seeking to with lower activity sources of 100 1999, only one of Texas’s licensees has add. For example, what should the microcuries or less. requested changes to allow for LWD licensee do if the specified person was Section 39.55 would be added to technology. The commenter asks not on-site or the situation was not provide requirements for tritium whether the NRC has assessed how foreseen in established criteria? The neutron generator target sources. many well logging licensees are NRC expects that this provision will be currently using LWD technology. Comments: Two commenters had rarely used. However, if used, the comments on this section. One licensee is required to justify why the Response: The NRC conducted a commenter noted that neutron generator immediate abandonment was necessary. limited survey of nine licensees (the target sources require above-ground If, after implementation, the NRC NRC staff did not feel it was necessary testing for operability and calibration. believes that this provision is being to conduct a larger survey that would When energized, these devices can misused or used inappropriately, the have required OMB approval) in the produce radiation levels that may NRC will consider modifying this preparation of the proposed rule. Of constitute ‘‘High Radiation Areas.’’ The section at a later time. these nine, six use ECSs and one is commenter believes that the revised planning to use an ECS in the future. regulations should allow testing and General Comments Based on this response, plus the fact operation provided arrangements are Comment: A State commenter noted that four of these licensees use neutron made via facility design or engineered that not all of their comments on the generator target sources, the NRC safety equipment to reduce the radiation draft Rulemaking Plan were addressed believes that proposing generic levels and ensure adequate written in the proposed rule. requirements is appropriate. safety procedures have been developed Response: The NRC responded to the Comment: A commenter supports the and are in use by trained personnel. comments that the States made on the proposed changes and noted that these The other commenter noted that these draft Rulemaking Plan in the final changes offer the well logging industry devices typically contain less Rulemaking Plan. Although these simplified rules without decreasing radioactive material (tritium) than is comments and responses were not public safety. The commenter also noted used in commercially available ‘‘glow in repeated in the Federal Register notice, the significant differences in design the dark’’ emergency exit signs. The they were incorporated, where between the stand-alone sources used in commenter noted that based on the appropriate, in the proposed rule. logging tools, and the permanent aspect construction of neutron generators, any Comment: A commenter would like of ECSs and neutron generator target exposure from a damaged neutron the rule to include requirements for tool sources that are built into logging tools. generator would be small compared to design and loading of all sources. The The commenter noted that because the an exit sign, and therefore, believes that commenter noted that during a recent ECSs and neutron generator target the proposed rule is appropriate for investigation of loading procedures, sources are protected from the well these devices. they found that a few States and at least conditions and have much smaller Response: The NRC agrees with the one NRC region are not consistently inherent risks, the current requirements first commenter’s concept. Tritium evaluating the design of tools or their in 10 CFR Part 39 are too restrictive. sources are and will remain subject to loading procedures during the licensing Response: The NRC agrees with the § 39.63—Operating and emergency process. If this is the case, the points made by this commenter.
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Comment: A commenter noted that Paragraph 39.41(b): This is a new Category C. Agreement States are not the Supplementary Information and paragraph to allow pre-1989 sources to required to adopt identical rules, Introduction sections of the proposed meet USASI standards. however, they must adopt rules that rule implied that only LWD tools utilize Paragraph 39.41(c): This is a new address the essential safety objectives ECSs. The commenter noted that this is paragraph providing for the use of of, and are no less stringent than, the not the case and that ECSs have been in current ANSI standards. NRC sections. The NRC is not changing use for many years within many Paragraph 39.41(d): This replaces the the compatibility of those sections of 10 standard wireline logging tools. existing § 39.41(a)(3). CFR Part 39 that are being modified. Response: The NRC will clarify this Paragraph 39.41(d)(1)(v): This is being The existing Compatibility Categories information in the preamble by revised to meet the NRC’s metrification for the modified sections are: Section changing the implication that ECS’s are policy (the existing § 39.41(a)(3)(v)). 39.41, Compatibility Category B; and only used in logging while drilling Paragraph 39.41(e): This replaces the §§ 39.15, 39.35, 39.49, 39.77(c) and (d), tools. This will not impact the existing § 39.41(b) and is edited to be Compatibility Category C. regulatory text to the final rule. consistent with the above changes. Specific information about the NRC’s Final rule: As noted above, the Paragraph 39.41(f): This is a new Compatibility Policy and the levels of preamble will be clarified. There are no paragraph clarifying that this section changes being made to the regulatory does not apply to ECSs. compatibility assigned to the existing text of the final rule. Section 39.49: This is being revised to rule may be found at the OSP eliminate an obsolete date. Procedures area of the Office of State Specific Changes in Regulatory Text Section 39.53: This is a new section Program’s Web site, http:// The following section is provided to providing requirements for ECSs. www.hsrd.ornl.gov/nrc/home.html. assist the reader in understanding the Section 39.55: This is a new section [View Procedures SA–200 and SA–201] providing requirements for tritium specific changes made to each section or Finding of No Significant neutron generator target sources. paragraph in 10 CFR Part 39. For clarity Environmental Impact: Availability of content in reading a section, much of Paragraphs 39.77(c)(1)(i) and (ii): This that particular section may be repeated, is being revised to allow an option to The Commission has determined although only a minor change would be immediately abandoning a well without under the National Environmental made. Using this section should allow receiving prior NRC approval when the Policy Act of 1969, as amended, and the the reader to effectively review the licensee believes there is an immediate Commission’s regulations in Subpart A specific changes without reviewing threat to public health and safety. of 10 CFR Part 51, that this rule will not existing material that has been included Paragraph 39.77(d)(9): This is a new be a major Federal action significantly for content, but has not been paragraph requiring the licensee to affecting the quality of the human significantly changed. justify in writing why it was necessary environment, and therefore, an Section 39.2: This is being revised to to immediately abandon a well without environmental impact statement is not add two new definitions for ECS and prior NRC approval. required. The rule will modify NRC tritium neutron generator target source. Criminal Penalties regulations dealing with: (1) Low Paragraph 39.15(a)(5)(ii): This is being activity energy compensation sources; For the purposes of Section 223 of the revised to allow a more performance- (2) tritium neutron generator target Atomic Energy Act (AEA), the based approach to prevent inadvertent sources; (3) specific abandonment Commission is issuing the final rule intrusion on an abandoned source. procedures in the event of an immediate under one or more of sections 161b, Paragraph 39.15(a)(5)(iii): This is threat; (4) changes to requirements for 161i, or 161o of the AEA. Willful being revised to meet the NRC’s inadvertent intrusion on an abandoned violations of the rule will be subject to metrification policy. source; (5) the codification of an criminal enforcement. Paragraph 39.35(b): This is being existing generic exemption; (6) the revised to meet the NRC’s metrification Compatibility of Agreement State removal of an obsolete date; and (7) policy. Regulations updating 10 CFR Part 39 to be consistent Paragraph 39.35(c)(1): This essentially with the Commission’s metrication repeats the existing paragraph on leak The compatibility of the provisions in 10 CFR Part 39 have been determined in policy. The environmental assessment testing frequency, but notes that ECSs evaluated the maximum annual public are not included in this paragraph. accordance with the NRC’s ‘‘Policy Statement on Adequacy and health risk to members of the public as Paragraph 39.35(c)(2): This is a new a result of these changes and paragraph allowing a 3 year leak testing Compatibility of Agreement State Programs’’ approved by the Commission determined that there is no significant interval for ECSs. environmental impact as a result of the Paragraph 39.35(d): This is being on June 30, 1997, and published in the changes. revised to meet the NRC’s metrification Federal Register on September 3, 1997 policy. (62 FR 46517).’’ The definitions for an The environmental assessment and Paragraph 39.35(e)(1): This is an ‘‘Energy compensation source’’ and a finding of no significant impact on editorial change to indicate that ‘‘Tritium neutron generator target which this determination is based are hydrogen-3 and tritium are the same. source’’ are assigned Compatibility available for inspection at the NRC Paragraphs 39.35(e)(4) and (5): This is Category B. Agreement States will need Public Document Room, 2120 L Street being revised to meet the NRC’s to adopt essentially identical NW. (Lower Level), Washington, DC. metrification policy. definitions. Since the sources are Single copies of the environmental Section 39.41 has been significantly routinely transported across assessment and the finding of no revised as described below: jurisdictional boundaries for use, this significant impact are available from Paragraph 39.41(a): This is a new level of compatibility is needed to Mark Haisfield, Office of Nuclear paragraph describing the applicable assure uniform regulation. The new Material Safety and Safeguards, U.S. requirements for a sealed source which § 39.53, Energy compensation source, Nuclear Regulatory Commission, includes requirements from the existing and § 39.55, Tritium neutron generator Washington, DC 20555–0001, telephone § 39.41(a)(1) and (2). target source, are assigned Compatibility (301) 415–6196.
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Paperwork Reduction Act Statement Backfit Analysis (5) * * * This final rule increases the burden The NRC has determined that the (ii) A means to prevent inadvertent on licensees to justify in writing the backfit rule, 10 CFR 50.109, does not intrusion on the source, unless the immediate threat to public health and apply to this rule, and therefore, a source is not accessible to any safety that resulted in the backfit analysis is not required because subsequent drilling operations; and implementation of abandonment these amendments do not involve any (iii) A permanent identification procedures prior to NRC approval. The provisions that would impose backfits plaque, constructed of long lasting burden to include the justification in the as defined in 10 CFR 50.109(a)(1). material such as stainless steel, brass, existing report required in 10 CFR bronze, or monel, must be mounted at 39.77(d) is estimated to increase from 4 List of Subjects in 10 CFR Part 39 the surface of the well, unless the hours to 4.25 hours per impacted report. Byproduct material, Criminal mounting of the plaque is not practical. Because the burden for this information penalties, Nuclear material, Oil and gas The size of the plaque must be at least collection requirement is insignificant, exploration—well logging, Reporting 17 cm [7 inches] square and 3 mm [1⁄8- Office of Management and Budget and recordkeeping requirements, inch] thick. The plaque must contain— (OMB) clearance is not required. Scientific equipment, Security * * * * * Existing requirements were approved by measures, Source material, Special 4. Section 39.35 is amended by the OMB, approval number 3150–0130. nuclear material. revising paragraphs (b), (c), (d)(1), (e)(1), Public Protection Notification For the reasons set out in the (e)(4) and (e)(5) to read as follows: preamble and under the authority of the If a means used to impose an Atomic Energy Act of 1954, as amended, § 39.35 Leak testing of sealed sources. information collection does not display the Energy Reorganization Act of 1974, * * * * * a currently valid OMB control number, as amended, and 5 U.S.C. 553, the NRC (b) Method of testing. The wipe of a the NRC may not conduct or sponsor, is adopting the following amendments sealed source must be performed using and a person is not required to respond to 10 CFR Part 39. a leak test kit or method approved by to, the information collection. the Commission or an Agreement State. Regulatory Analysis PART 39ÐLICENSES AND RADIATION The wipe sample must be taken from SAFETY REQUIREMENTS FOR WELL the nearest accessible point to the sealed The Commission has prepared a final LOGGING source where contamination might regulatory analysis on this final accumulate. The wipe sample must be regulation. The analysis examines the 1. The authority citation for Part 39 analyzed for radioactive contamination. costs and benefits of the alternatives continues to read as follows: The analysis must be capable of considered by the Commission. The Authority: Secs. 53, 57, 62, 63, 65, 69, 81, detecting the presence of 185 Bq [0.005 analysis is available for inspection in 82, 161, 182, 183, 186, 68 Stat. 929, 930, 932, microcuries] of radioactive material on the NRC Public Document Room, 2120 933, 934, 935, 948, 953, 954, 955, as the test sample and must be performed L Street NW. (Lower Level), amended, sec. 234, 83 Stat. 444, as amended Washington, DC. Single copies of the (42 U.S.C. 2073, 2077, 2092, 2093, 2095, by a person approved by the analysis may be obtained from Mark 2099, 2111, 2112, 2201, 2232, 2233, 2236, Commission or an Agreement State to Haisfield, Office of Nuclear Material 2282); secs. 201, as amended, 202, 206, 88 perform the analysis. Stat. 1242, as amended, 1244, 1246 (42 U.S.C. (c) Test frequency. (1) Each sealed Safety and Safeguards, U.S. Nuclear 5841, 5842, 5846). Regulatory Commission, Washington, source (except an energy compensation DC 20555–0001, telephone (301) 415– 2. Section 39.2 is amended by adding source (ECS)) must be tested at intervals 6196. definitions, in their proper alphabetic not to exceed 6 months. In the absence order, of the terms energy compensation of a certificate from a transferor that a Regulatory Flexibility Certification source and tritium neutron generator test has been made within the 6 months As required by the Regulatory target source to read as follows: before the transfer, the sealed source Flexibility Act of 1980 (5 U.S.C. 605(b)), may not be used until tested. the Commission certifies that this rule § 39.2 Definitions. (2) Each ECS that is not exempt from will not have a significant economic Energy compensation source (ECS) testing in accordance with paragraph (e) impact upon a substantial number of means a small sealed source, with an of this section must be tested at small entities. All of the amendments activity not exceeding 3.7 MBq [100 intervals not to exceed 3 years. In the are to 10 CFR Part 39 and are intended microcuries], used within a logging tool, absence of a certificate from a transferor to either reduce regulatory burdens from or other tool components, to provide a that a test has been made within the 3 unnecessary requirements or to clarify reference standard to maintain the tool’s years before the transfer, the ECS may and update regulations to reduce calibration when in use. not be used until tested. confusion. Therefore, any economic * * * * * (d) Removal of leaking source from impact to a small entity using 10 CFR Tritium neutron generator target service. (1) If the test conducted Part 39 should be either neutral or source means a tritium source used pursuant to paragraphs (a) and (b) of positive. within a neutron generator tube to this section reveals the presence of 185 produce neutrons for use in well logging Bq [0.005 microcuries] or more of Small Business Regulatory Enforcement applications. removable radioactive material, the Fairness Act * * * * * licensee shall remove the sealed source In accordance with the Small 3. Section 39.15 is amended by from service immediately and have it Business Regulatory Enforcement revising paragraph (a)(5)(ii) and the decontaminated, repaired, or disposed Fairness Act of 1996, the NRC has introductory text of paragraph (a)(5)(iii) of by an NRC or Agreement State determined that this action is not a to read as follows: licensee that is authorized to perform major rule and has verified this these functions. The licensee shall determination with the Office of § 39.15 Agreement with well owner or check the equipment associated with Information and Regulatory Affairs, operator. the leaking source for radioactive Office of Management and Budget. (a) * * * contamination and, if contaminated,
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