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FW: Update of revision to 10 CFR 35



This was sent to me on another list server, and I thought it would be of

interest to the group.



-- John 

John Jacobus, MS

Certified Health Physicist 

3050 Traymore Lane

Bowie, MD  20715-2024



E-mail:  jenday1@email.msn.com (H)      



-----Original Message-----

From: Karam, Andrew [mailto:Andrew_Karam@urmc.rochester.edu]

Sent: Friday, July 27, 2001 7:55 AM

To: AMRSO (E-mail)

Subject: AMRSO: 10 CFR 35





From: "Morris, Vicki (MORRISVR)" <MORRISVR@UCMAIL.UC.EDU>



The following is an update on 10 CFR 35 provided by the Ohio Department of

Health Bureau of Radiation Protection this morning.



The Bureau of Radiation Protection recently received information regarding

the status of the enactment of 10 CFR 35.  The information is as follows:



1.	The Nuclear Regulatory Commission (NRC) has been working with the

Office of Management Budget to obtain approval of record keeping and

reporting requirements found in NRC's draft final rule, 10 CFR Part 35,

"Medical Use of Byproduct Material."



2.	In the Congress, the House and Senate have passed differing versions

of H.R. 2311, the Energy and Water Development Appropriations Act for Fiscal

Year 2002.  This is the Act that funds the NRC.  The differences between the

two Houses will be resolved by a conference committee.  



				The Senate version provides:  



				That, notwithstanding any other provision of

law, no funds made available under this or any other Act may be expended by

the Commission to implement or enforce 10 CFR Part 35, as adopted by the

Commission on October 23, 2000.



				The House version of the bill does not

contain such a provision.  The Bush Administration opposes the provision in

the Senate.  The Statement of Administration Policy that OMB provided the

Senate before it commenced floor debate on H.R. 2311 stated: 



				"The Administration objects to language ....

that would block the NRC from revising a regulation governing the use of

medical isotopes.  There are annually more than 11 million medical

procedures for the diagnosis and treatment of disease that use radioactive

materials. This regulation, adopted by the Commission in October 2000, would

reduce the regulatory burden on the public while maintaining radiation

safety of workers and the public. The regulation is currently undergoing

review by OMB, and we urge the Senate to delete this provision that would

leave in place the existing, more burdensome regulation."



Vicki Morris, MS, CHP

Radiation Safety Officer

University of Cincinnati

PO Box 670591

231 Albert Sabin Way

Cincinnati, OH 45267-0591

Phone (513) 558-4110

Fax (513) 558-9905