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TO : K o El Fields, General Manager Division of Biology and Medicine SUBJECT: IMPLEMENTATION OF AEC 398/12 The Commission, on March 14, 1955, a t Meeting No. 1065, approved AEC 398/12 which established a program f o r the subsic$' of radioisotopes t o be used in agricultural and biomedical research, including research i n medical therapy and diagnosis. Committee was advised of this program and a public announcement was made on April 21, 1955. program authorized contemplated the sale of radioisotopes t o appropriate users a t 20 percent of the AEC established price, and isto become effective on July 1, 1955. and Medicine was charged with the responsibility for developing procedures f o r and the administration of the program. The program, t o be budgeted f o r by the Division of Biology and Nedicine, i s presently estimated to cost $1,000,000 per yeare The Fp 1956 budget only provides for $3OO,OO3 t o cover the former subsidy program limited to cancer research and treatment. appears necessary t o arrange for the transfer of an additional $700,000 i n operating funds t o the Division of Biology and Medicine t o cover the estimated cost of this program i n FY 1956, and your approval of such a transfer is hereby requested. letter on April 15, 1955, The Division of Biology Also attached for your approval are proposed regulations for publication 5n the Federal Register, which describe the criteria and procedures f o r the administration of the program. as the program covered by these regulations i s exempt, under the Administrative Procedures Act, from the 30 day notice requirement, they w i l l be published as final codified regulations. Appended tothe proposed regulations for your information, are copies of two forms which will be used i n connection With the administration of the program and which have already been approved lq' the Bureau ofthe Budget. The staff believes that the proposed regulations constitute workable and reasonable procedures for the administration of the programs Informal discussions with Abbott Laboratories, a principal supplier aich will be operating under the regulations, indicate that they find the procedures both workable and acceptable. Repository: NARA Atlanta Archives OR Division of Research
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Two particular things about We proposed regulations should be specifically noted for your attention. "Interpretations,* makes only interpretations of the regulations by the General Counsel binding upon the Commission. call that in previous Commission regulations, interpretations by the General Manager and the appropriate division director were also made binding upon the Commission. earlier practice has been made f o r the administrative convenience of centralizing the interpretative function and so that administrative personnel need not have. s o much concern about binding the Commission by their correspondence or public statemerits re laG ng This departure from t h e Second, it should be noted that these regulations do not relate tothe production of byproduct materials for sale other than by AEX facilities ; however, it is believed that this development is sufficiently in the future so that it need not be considered in detail now nor provided for in the proposed reg - ~ lat ions. A n AEC issuance detailing the administration of the program is now being prepared and it is anticipated that it Kill be promulgated on or about July 1, 1955. Inasmuch as t h e cancer support program terminates on June 30, 1955, and the program covered by these regulations has been announced t o go into effect on July 1, 1955, it i s hoped that conside ration of them may be expedited as much as possible. therefore, respectfully suggested that they be circulated for the information of the individual Commissioners as quickly as possible, under a covering memorandum from you stating that you propose to publish them if no adverse comment is received by Friday, June 24, their publication prior to July 1, 1955, would be t o place them on the agenda for the Comnission meeting scheduled for June 29, 1955. A less desirable alternative, since it would foreclose 2. Proposed Memo f m GM t o Coxmissioners Harold L. Price, Director, Division of Licensing William Mitchell, General Counsel Oscar S. Smith, Director, Division of Organization & Personnel S. R o Sapirie, Manager, Oak Ridge Operations Office W. E. Campbell, Asst Controller for Accounting William H. Berman, Office of General Counsel H. A. Stanwood, Division of Biology & Medicine