Unknown. Direct final rule

6,993 words·~32 min read·/register/2020/03/18/2020-05295

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2020-03-18.xml --- 85 53 Wednesday, March 18, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15475-15476 2020-05612 Meetings: National Advisory Council for Healthcare Research and Quality, 15476 2020-05563 AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: Proposed Extension of the Military Land Withdrawal at Barry M.

Goldwater Range, AZ; Meetings, 15438-15439 2020-05576 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Collection Activity; Initial Medical Exam Form and Initial Dental Exam Form, 15477-15478 2020-05624 Medical Complaint Form, Contact Investigation Form: Non-TB Illness, and Contact Investigation Form: Active/Suspect TB, 15476-15477 2020-05628 Civil Rights Civil Rights Commission NOTICES Meetings:

Mississippi Advisory Committee, 15413 2020-05511 Coast Guard Coast Guard RULES Safety Zone: Atlantic Intracoastal Waterway, Camp Lejeune, NC, 15384-15386 2020-05533 Special Local Regulation: Gulfport Grand Prix, Boca Ciego Bay, Gulfport, FL, 15382-15384 2020-05453 NOTICES Meetings: National Offshore Safety Advisory Committee; Cancellation, 15486 2020-05599 Port Access Route Study: Seacoast of North Carolina Including Offshore Approaches to the Cape Fear River and Beaufort Inlet, North Carolina, 15487-15489 2020-05653 Recertification:

Prince William Sound Regional Citizens' Advisory Council, 15486-15487 2020-05652 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Office of the Under-Secretary for Economic Affairs Commodity Futures Commodity Futures Trading Commission RULES Foreign Futures and Options Transactions, 15359-15363 2020-05097 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters, 15436-15437 2020-05575 Defense Department Defense Department See Air Force Department See Navy Department NOTICES Privacy Act; Systems of Records, 15439-15441 2020-05665 Economic Development Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 15414 2020-05536 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Client Assistance Program Performance Report, 15441-15442 2020-05635 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Authorization to Export Liquefied Natural Gas: Annova LNG Common Infrastructure, LLC, 15443 2020-05584 Eagle LNG Partners Jacksonville, LLC, 15442 2020-05585 Rio Grande LNG, LLC, 15443-15444 2020-05588 Texas LNG Brownsville, LLC, 15442-15443 2020-05583 Venture Global Plaquemines LNG, LLC, 15444 2020-05586 Meetings:

Environmental Management Site-Specific Advisory Board Chairs; Cancellation, 15443 2020-05587 Environmental Protection Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production Residual Risk and Technology Review, 15608-15636 2020-04459 Pesticide Tolerances: Cyazofamid, 15387-15391 2020-04747 PROPOSED RULES Significant New Use Rules on Certain Chemical Substances (20-3.B), 15406-15412 2020-05005 Strengthening Transparency in Regulatory Science, 15396-15406 2020-05012 NOTICES Meetings:

Board of Scientific Counselors Air and Energy Subcommittee, 15447-15448 2020-05579 Equal Equal Employment Opportunity Commission RULES 2020 Adjustment of the Penalty for Violation of Notice Posting Requirements, 15374-15376 2020-05225 Federal Deposit Federal Deposit Insurance Corporation NOTICES Guidance: Resolution Plan Submissions of Certain Foreign-based Covered Companies, 15449-15474 2020-05513 Federal Energy Federal Energy Regulatory Commission NOTICES Authorization for Continued Project Operation:

Goose River Hydro, Inc., 15447 2020-05567 Combined Filings, 15444-15446 2020-05565 2020-05570 Meetings: Review of Cost Submittals by Other Federal Agencies for Administering Part I of the Federal Power Act; Technical Conference, 15446-15447 2020-05568 Motion to Partially Vacate Certificate Authorization or in the Alternative, Motion to Amend Certificate Authorization: Magnum Gas Storage, LLC, 15446 2020-05566 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 15448 2020-05596 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 15448-15449 2020-05760 2020-05761 Federal Reserve Federal Reserve System RULES Regulatory Capital, Capital Plan, and Stress Test Rules, 15576-15605 2020-04838 NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 15474 2020-05535 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 15475 2020-05534 Guidance: Resolution Plan Submissions of Certain Foreign-based Covered Companies, 15449-15474 2020-05513 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings, 15475 2020-05616 Federal Transit Federal Transit Administration NOTICES Funding Opportunity:

Accelerating Innovative Mobility Challenge Grants, 15558-15564 2020-05611 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Financial Statement of Surety Companies—Schedule F, 15570 2020-05593 Application for Recognition as Natural Guardian of a Minor Not Under Legal Guardianship and for Disposition of Minor's Interest in Registered Securities, 15569-15570 2020-05594 Authorization Agreement for Preauthorized Payment, 15570-15571 2020-05592 Food and Drug Food and Drug Administration RULES Guidance:

Required Warnings for Cigarette Packages and Advertisements: Small Entity Compliance Guide, 15710-15711 2020-05211 Tobacco Products; Required Warnings for Cigarette Packages and Advertisements, 15638-15710 2020-05223 NOTICES Final Debarment Order: Charles Jeffrey Edwards, 15481-15482 2020-05582 Michael P. Casey, 15480 2020-05581 Guidance: Restricted Delivery Systems: Flow Restrictors for Oral Liquid Drug Products, 15478-15479 2020-05617 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Guidance Portal, 15482 2020-05647 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Tenant Protection Voucher Funding Awards for Fiscal Year 2019 for the Housing Choice Voucher Program, 15489-15493 2020-05648 Industry Industry and Security Bureau NOTICES Partial Remand and Final Denial Order: Nordic Maritime Pte. Ltd. and Morten Innhaug Respondents, 15414-15428 2020-05600 Interior Interior Department See National Park Service Internal Revenue Internal Revenue Service NOTICES Meetings:

Taxpayer Advocacy Panel Taxpayer Assistance Center Project Committee, 15571-15572 2020-05657 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 15571 2020-05659 Taxpayer Advocacy Panel's Notices and Correspondence Project Committee, 15572-15573 2020-05656 Taxpayer Advocacy Panel's Special Projects Committee, 15571 2020-05658 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 15572 2020-05655 Taxpayer Advocacy Panel's Toll-Free Phone Line Project Committee, 15572 2020-05660 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Hydrofluorocarbon Blends from the People's Republic of China, 15428-15430 2020-05609 Steel Concrete Reinforcing Bar from Mexico, 15430-15433 2020-05608 Wood Mouldings and Millwork Products from the People's Republic of China, 15433 2020-05610 International Trade Com International Trade Commission NOTICES Complaint: Certain In Vitro Fertilization Products, and Components Thereof, and Products Containing the Same, 15498-15499 2020-05530 Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Barcode Scanners, Scan Engines, Products Containing the Same, and Components Thereof, 15499-15500 2020-05622 Commission Determination to Postpone All In-Person Section 337 Hearings Scheduled to Take Place Within the Next 60 Days, 15498 2020-05569 Justice Department Justice Department NOTICES Proposed Settlement Agreement: CERCLA, 15500 2020-05595 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Waiver of Surface Sanitary Facilities' Requirements (Pertaining to Coal Mines), 15500-15501 2020-05607 Slope and Shaft Sinking Plans (Pertains to Surface Work Areas of Underground Coal Mines), 15501-15502 2020-05614 The Family and Medical Leave Act of 1993, As Amended, 15502-15503 2020-05613 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15568 2020-05531 Requested Administrative Waiver of the Coastwise Trade Laws:

Vessel ADONAI (Catamaran), 15569 2020-05540 Vessel CRUZAN RHUMB II (Catamaran), 15567-15568 2020-05541 Vessel FRIVOLOUS (Motor Vessel), 15564-15565 2020-05542 Vessel POINT OF ARIES (Motor Vessel), 15565-15566 2020-05543 Vessel PRONTO (Motor Vessel), 15566-15567 2020-05544 NASA National Aeronautics and Space Administration RULES To Research, Evaluate, Assess, and Treat Astronauts, 15352-15359 2020-04784 NOTICES Meetings: NASA Advisory Council; Technology, Innovation and Engineering Committee, 15505 2020-05654 National Space Council Users' Advisory Group, 15504-15505 2020-05538 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 15482, 15484-15486 2020-05637 2020-05638 2020-05639 National Cancer Institute, 15483-15484 2020-05640 2020-05641 2020-05642 National Heart, Lung, and Blood Institute, 15482-15483 2020-05625 2020-05626 National Institute of Allergy and Infectious Diseases, 15482-15485 2020-05627 2020-05629 2020-05630 National Institute of Neurological Disorders and Stroke, 15484 2020-05633 2020-05634 National Institute on Alcohol Abuse and Alcoholism, 15483, 15485 2020-05643 2020-05644 2020-05645 National Institute on Drug Abuse, 15485-15486 2020-05631 2020-05632 National Oceanic National Oceanic and Atmospheric Administration RULES Clarification of Magnuson-Stevens Fishery Conservation and Management Act Regulation Regarding Monitor National Marine Sanctuary;

Final Rulemaking, 15391-15392 2020-05649 Fisheries of the Exclusive Economic Zone off Alaska: Pollock in Statistical Area 610 in the Gulf of Alaska, 15393-15394 2020-05598 Pollock in the West Yakutat District of the Gulf of Alaska, 15392-15393 2020-05597 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 15435 2020-05621 Pacific Fishery Management Council, 15433-15435 2020-05618 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Backcountry/Wilderness Use Permit, 15494-15495 2020-05527 National Park Service Leasing Program, 15496-15498 2020-05528 Research Permit and Reporting System Applications and Reports, 15495-15496 2020-05529 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Multistakeholder Process on Promoting Software Component Transparency, 15435-15436 2020-05666 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.:

Record of Decision for the Fallon Range Training Complex Modernization, 15441 2020-05573 Nuclear Regulatory Nuclear Regulatory Commission RULES Individual Monitoring Devices, 15347-15352 2020-05295 PROPOSED RULES Individual Monitoring Devices, 15395-15396 2020-05296 NOTICES Exemption: Southern Nuclear Operating Co.; Farley Nuclear Plant, Units 1 and 2; Hatch Nuclear Power Plant, Units 1 and 2; and Vogtle Electric Generating Plant, Units 1 and 2, 15506-15509 2020-05646 Meetings:

Pacific Gas and Electric Co.; Diablo Canyon Nuclear Power Station, Units 1 and 2: Cancellation, 15505-15506 2020-05564 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Advisory Committee on Construction Safety and Health, 15503-15504 2020-05615 Economic Affairs Office of the Under-Secretary for Economic Affairs NOTICES Meetings: American Workforce Policy Advisory Board, 15413-15414 2020-05619 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans;

Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 15376-15377 2020-05545 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product, 15509 2020-05650 Postal Service Postal Service NOTICES Product Change: Priority Mail and First-Class Package Service Negotiated Service Agreement, 15509-15510 2020-05549 2020-05550 Priority Mail Negotiated Service Agreement, 15510 2020-05548 Presidential Documents Presidential Documents PROCLAMATIONS Health and Human Services: 2019 Novel Coronavirus;

Suspension of Entry Into U.S. as Immigrants and Nonimmigrants Certain Persons Who Pose a Risk of Transmitting (Proc. 9996), 15341-15344 2020-05797 Novel Coronavirus Disease (COVID-19) Outbreak; Declaration of National Emergency (Proc. 9994), 15337-15338 2020-05794 Special Observances: National Day of Prayer for All Americans Affected by the Coronavirus Pandemic and for Our National Response Efforts (Proc. 9997), 15345-15346 2020-05798 National Poison Prevention Week (Proc. 9995), 15339-15340 2020-05795 ADMINISTRATIVE ORDERS Health and Human Services:

Diagnostic Tests, State Approved; Expansion Efforts (Memorandum of March 13, 2020), 15335 2020-05793 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 15510 2020-05702 Securities Securities and Exchange Commission NOTICES Applications: Conversus StepStone Private Markets and StepStone Conversus, LLC, 15530-15533 2020-05562 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 15523-15525 2020-05558 Nasdaq PHLX, LLC, 15522-15523 2020-05560 New York Stock Exchange, LLC, 15526-15530, 15533-15544 2020-05552 2020-05559 2020-05561 NYSE American, LLC, 15544-15550 2020-05553 NYSE Arca, Inc., 15515-15522, 15550-15551 2020-05554 2020-05557 NYSE Chicago, Inc., 15551-15556 2020-05555 NYSE National, Inc., 15510-15515 2020-05556 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Improving Customer Experience, 15556-15557 2020-05636 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: The Paradox of Stillness: Art, Object, and Performance, 15557-15558 2020-05620 Transportation Department Transportation Department See Federal Transit Administration See Maritime Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service See United States Mint RULES Assessment of Fees on Certain Bank Holding Companies and Nonbank Financial Companies Supervised by the Federal Reserve Board to Cover the Expenses of the Financial Research Fund, 15378-15382 2020-05083 Extension of Import Restrictions on Archaeological Material and Imposition of Import Restrictions on Ecclesiastical Ethnological Material from El Salvador, 15363-15374 2020-05694 Customs U.S.

Customs and Border Protection RULES Extension of Import Restrictions on Archaeological Material and Imposition of Import Restrictions on Ecclesiastical Ethnological Material from El Salvador, 15363-15374 2020-05694 U.S. Mint United States Mint NOTICES 2020 Pricing of Numismatic Gold, Commemorative Gold, Platinum, and Palladium Products Grid, 15573 2020-05604 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Geriatric and Gerontology Advisory Committee, 15573 2020-05605 Veterans' Family, Caregiver, and Survivor Advisory Committee, 15573-15574 2020-05574 Veterans Rural Health Advisory Committee;

Cancellation, 15574 2020-05663 Separate Parts In This Issue Part II Federal Reserve System, 15576-15605 2020-04838 Part III Environmental Protection Agency, 15608-15636 2020-04459 Part IV Health and Human Services Department, Food and Drug Administration, 15638-15711 2020-05211 2020-05223 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 53 Wednesday, March 18, 2020 Rules and Regulations 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: *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: 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 *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. 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 § 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. 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 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 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 § 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 § 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. 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. 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. 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 (§ 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 § 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: Compatibility Table Section Change Subject Compatibility 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 monitoring C C Part 36: 36.55(a) Amend Personnel monitoring H&S H&S Part 39: 39.65(a) Amend Personnel monitoring devices C C 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 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 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 § 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 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]

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