HPPOS-010 PDR-9111210101

10 CFR 20.201 (b), “Surveys”, Final Rule – Effective November 20, 1981

See the memorandum from R. H. Wessman to R. T. Carlson (and others) dated November 5, 1981, and the enclosure of the notice on final changes to 10 CFR 20.201 (b) from the Federal Register (FR 53647-53648, October 30, 1981). The revision to 10 CFR 20.201 (b) is enforceable whenever adequate surveys (evaluations) are not performed, even though failure to perform adequate surveys did not result is a violation of another NRC radiation protection standard. This health physics position also applies to “new” 10 CFR 20.1501 (a).

The revised rule on surveys is based on the assumption that such failure to perform adequate surveys has the potential to cause a violation or a violation could have occurred. In the context of the rule, the principal role of performing surveys or making evaluations necessary to comply with regulations is preventive, rather than to determine if a licensee has satisfied other 10 CFR Part 20 requirements.

It needs to be noted that the revised rule not only requires surveys as may be necessary to comply with regulations, but surveys must be performed that are reasonable under the circumstances to evaluate the extent of the potential radiation hazards. Thus, a survey serves as an effective means in preventing both the occurrence of a violation and the development of conditions in which violations could occur (see Supplementary Information in FR 53647).

While the revised rule on surveys was effective on November 30, 1981, most licensees do not subscribe to the Federal Register, nor are they required to subscribe. Therefore, enforcement actions should not be considered until the rule is published in the Rules and Regulations for which licensees are required to have current copies. This is in keeping with past practices.

Regulatory references: 10 CFR 20.201, 10 CFR 20.1501

Subject codes: 7.1, 7.2, 7.6

Applicability: All