United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

10 CFR 20.201 (b), "Surveys", Final Rule - Effective November 20, 1981.

HPPOS-010 PDR-9111210101

Title: 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 preformed, 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

Page Last Reviewed/Updated Thursday, March 29, 2012