SUPPLEMENTARY INFORMATION:

I. Discussion

The NRC is issuing a revision to an existing guide in the NRC's “Regulatory Guide” series. This series was developed to describe and make available to the public information regarding methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the NRC staff uses in evaluating specific issues or postulated events, and data that the NRC staff needs in its review of applications for permits and licenses.

Revision 2 of RG 4.13 was issued with a temporary identification of Draft Regulatory Guide, DG-4019, to provide updated guidance that the NRC staff considers acceptable for performing surveys and evaluations of public dose in the unrestricted area and the controlled area of a licensed facility from direct radiation using environmental dosimetry.

This revision also provides updated NRC guidance on an acceptable dosimetry program by endorsing ANSI/HPS N13.37-2014. The 2014 ANSI/HPS standard provides up-to-date environmental dosimetry system design criteria and dosimeter laboratory test protocols and data-analysis methods suitable to assess potential facility-related radiation doses.

II. Additional Information

The NRC published a notice of the availability of DG-4019 in the Federal Register on October 17, 2018 (83 FR 52576) for a 60-day public comment period. The public comment period closed on December 17, 2018. Public comments on DG-4019 and the staff responses to the public comments are available under ADAMS under Accession No. ML19044A594.

III. Congressional Review Act

This RG 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.

IV. Backfitting and Issue Finality

This RG provides guidance on establishing and conducting an environmental dosimetry program that the NRC staff considers acceptable for ( printed page 29249) monitoring direct radiation released into the unrestricted area and the controlled area of a licensed facility. The NRC regards these requirements as constituting information collection and reporting requirements. The NRC has long taken the position that information collection and reporting requirements are not subject to the NRC's backfitting and issue finality regulations in title 10 of the Code of Federal Regulations (CFR) 50.109, 10 CFR 70.76, 10 CFR 72.62, 10 CFR 76.76 and 10 CFR part 52 ( e.g., “Material Control and Accounting Methods,” December 23, 2002 (67 FR 78130); and “Regulatory Improvements to the Nuclear Materials Management and Safeguards System,” June 9, 2008 (73 FR 32453)). Therefore, the NRC has determined that its backfitting and issue finality regulations do not apply to this RG because the RG does not include any provisions within the scope of matters covered by the backfitting provisions in 10 CFR parts 50, 70, 72, or 76, or the issue finality provisions of 10 CFR part 52.

84 FR 29248