Information Notice 1999-22, 10CFR 34.43(a)(1); Effective Date for Radiographer Certification and Plans for Enforcement Discretion

10CFR 34.43(a)(1); Effective Date for Radiographer Certification and Plans for Enforcement Discretion
	ML031040407
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05003111, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	06/25/1999
From:	Cool D; NRC/NMSS/IMNS
To:	;
References
	IN-99-022, NUDOCS 9906220202
	Download: ML031040407 (10)
	v • d • e

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UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555 June 25, 1999 NRC INFORMATION NOTICE 99-22: 10 CFR 34.43(a)(1); EFFECTIVE DATE FOR

RADIOGRAPHER CERTIFICATION AND PLANS FOR

ENFORCEMENT DISCRETION

Addressees

Industrial Radiography Licensees

Purpose

The U. S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to:

(1) remind addressees of the effective date of implementing a provision of the regulations in

10 CFR 34.43(a)(1); (2) respond to industry concerns about not being able to meet the pending

deadline; and (3) advise recipients of the Commission's plans for enforcement action to address

failures to meet 10 CFR 34.43(a)(1). It is expected that recipients will review the information for

applicability to their facilities and consider appropriate actions. However, this IN does not

contain any new requirements; therefore, no specific action nor written response is required.

Background:

The regulations in 10 CFR 34.43(a)(1) provides, in part, that licensees may not permit an

individual to act as a radiographer until the individual has been certified through a radiographer

certification program by a certifying entity. Certifying entities are defined in 10 CFR 34.3 as being

either an Independent Certifying Organization or an Agreement State whose programs comply

with the appropriate criteria in 10 CFR Part 34, Appendix A. Section 34.43(a)(1) and other

changes to Part 34 were published in the Federal Register (62 FR 28948) as a final rule on

May 28, 1997.Section V, "Implementation,' states, "Licensees will have 2 years from the

effective date of the rule to affirm that all radiographers have met the certification requirements of

§ 34.43(a)(1)" However, paragraph 34.43(a)(2) of the final rule indicated that licensees could

allow individuals who had not met the certification provision of paragraph 34.43(a)(1), but had

otherwise qualified, to act as radiographers until May 28, 1999. This date was corrected to

June 27, 1999, in a Federal Register notice (63 FR 37059) published July 9, 1998. A separate

Federal Register notice (62 FR 28974) published the same day as the final rule (May 28, 1997)

provided notice that failure to implement the certification requirement by the required date would

normally be considered a Severity Level IlIl Violation and therefore subject to consideration for

civil penalty assessments.

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IN 99-22 June 25, 1999 After publication of the final rule, NRC transmitted copies of the notice to each of its radiography

licensees. Copies of the notices were also provided to each of the Agreement States so that

they might share the information with their radiography licensees. A cover notice attached to the

final rule identified significant rule changes and explained the effective dates of the various

provisions.

Discussion:

The NRC reminds industrial radiography licensees that after June 27, 1999, all individuals acting

as radiographers, in addition to meeting other training and experience qualifications, must be

certified through a radiographer certification program by a certifying entity. Certifying entities are

defined in 10 CFR 34.3 as being either an Independent Certifying Organization or an Agreement

State whose programs comply with the appropriate criteria in 10 CFR Part 34, Appendix A.

Agreement State licensees working in areas of NRC's jurisdiction under reciprocity

(10 CFR 150.20) are also are subject to these requirements. The American Society for

Nondestructive Testing (ASNT) is the only Independent Certifying Organization. Georgia, Illinois, Iowa, Louisiana, Nevada, North Dakota, and Texas are Agreement States that currently

have programs for certifying radiographers.

Allowing an individual, who does not comply with the certification requirement of

10 CFR 34.43(a)(1), to act as a radiographer after June 27, 1999, is a violation of Commission

requirements. In accordance with example C.4 of Supplement VI of the Commission's

Enforcement Policy, such violations are considered significant and would normally be

categorized as Severity Level IlIl and subject to civil penalties. Pursuant to Section VI.B of the

Enforcement Policy, a civil penalty of $5500 - the base amount for a Severity Level IlIl violation -

- may be assessed for each individual, who does not meet the certification requirement of

10 CFR 34.43(a)(1), whom a licensee allows to act as a radiographer after June 27,1999. If, during an inspection, the NRC finds that a licensee is not meeting the regulation, the licensee

will need to immediately suspend any operation with uncertified individuals. Failure to do so

may be considered a deliberate violation and may subject the licensee to significant civil action, including license revocation. Individuals responsible for such violations may be subject to

criminal or civil sanctions for violating 10 CFR 30.10, "Deliberate Misconduct.'

In a letter dated March 2, 1999, ASNT requested that NRC consider a deadline extension

because it believes the current deadline presents hardships to both ASNT and certification

applicants. In addition, the Non-Destructive Testing Management Association, contacted NRC

expressing its support for an extension of the deadline, because of problems with examination

availability. The NRC staff has also received several calls from licensees concerned that there

would not be adequate time for radiography personnel to take the examination and complete the

certification process before the deadline.

In view of these circumstances, the Commission intends to exercise enforcement discretion

regarding licensees that have made good-faith effort to comply with the certification provision of

10 CFR 34.43(a)(1). In addition, in view of the date of this Information Notice, the Commission

also intends to exercise its enforcement discretion to extend the deadline to July 27, 1999.

Therefore, a licensee that allows an individual to act as a radiographer after July 27, 1999, will

IN 99-22 June 25, 1999 not be subject to enforcement action for such violations if the radiographer has met all other

training and experience criteria set forth in 10 CFR 34.43 and has applied for certification on or

before July 27, 1999. This enforcement discretion will also apply to licensees whose

radiographers may have taken and failed the examination, but had not otherwise been denied

certification, prior to July 27, 1999, provided these radiographers have been appropriately

retrained and have reapplied for certification on or before July 27, 1999. This discretion will not

apply to licensees whose radiographers have taken and failed the certification examination or

has otherwise been denied certification after July 27, 1999. These individuals will not be

allowed to continue to act as radiographers because of certification's safety significance, the

Commission's decision to impose certification in view of this safety significance, and because an

individual's failure to obtain certification may indicate a potential public health and safety

concern. It should be noted that Agreement State licensees conducting radiography under

reciprocity in NRC jurisdiction will be subject to this regulatory requirement and enforcement

policy. The period of time for the enforcement discretion is expected to be approximately

six months or until the ASNT or Certifying States process all applications received by July 27,

1999, administer the certification examinations, and issue the certifications. The staff will

maintain communications with the certifying entities to monitor the entities progress to ensure

completion in a reasonably expedient manner. Exemptions from the certification requirement in

10 CFR 34.43(a)(1) may be considered pursuant to 10 CFR 34.111; however, even though

licensees would be expected to make an extraordinary showing of providing for compensatory

safety measures, it is unlikely that an exemption would be granted in view of the safety

significance of certification and the Commissions' decision to proceed with the requirement.

This information notice requires no specific action nor written response. If you have any

questions about the information in this notice, please contact the technical personnel listed

below, or the appropriate regional office.

Donald A. Cool, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

Contact: J. Bruce Carrico, NMSS Nader Mamish, OE

301-415-7826 301-415-2740

E-mail: jbc@nrc.gov E-mail: nlm@nrc.gov

Ant

> Attachment I

IN 99-21 June 25,1999 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

99-20 Contingency Planning for the 6/25/99 All material and fuel cycle

Year 2000 Computer Problem licensees and certificate holders

99-18 Update on NRC's Year 2000 6/14/99 All material and fuel cycle

Activities for Materials Licensees licensees and certificate

and Fuel Cycle Licensees and holders

Certificate Holders

99-16 Federal Bureau of Investigation's 5/28/99 All U.S. Nuclear Regulatory

Nuclear Site Security Program Commission fuel cycle, power

reactor, and non-power reactor

licensees

99-11 Incident Involving the Use of 4/16/99 All medical use licensees

Radioactive Iodine-131

99-09 Problems Encountered When 3/24/99 All medical licensees authorized

Manually Editing treatment Data to conduct high-dose-rate (HDR)

on the Nucletron Microselectron- remote after loading

HDR (New) Model 105-999 brachytherapy treatments

99-06 1998 Enforcement Sanctions as 3/19/99 All U. S. Nuclear Regulatory

a Result of Deliberate Violations Commission licensees.

of NRC Employee Protection

Requirements

99-05 Inadvertent Discharge of Carbon 3/8/99 All holders of licenses for nuclear

Dioxide Fire Protection System power, research, and test reactor, and Gas Migration and fuel cycle facilities

99-04 Unplanned Radiation Exposures 3/8/99 All radiography licensees

to Radiographers, Resulting from

failures to follow Proper Radiation

Safety Procedures

99-03 Exothermic Reactions Involving 1/29199 All operating uranium recovery

Dried Uranium Oxide Powder facilities that produce oxide

(Yellowcake) powder (U308) (yellowcake)

VK, Attachment 2 IN 99-22 June 25, 1999 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

99-21 Recent Plant Events Caused 6/25/99 All holders of licenses for nuclear

By Human Performance Errors power, test, and research reactors

99-20 Contingency Planning for the 6/25/99 All material and fuel cycle

Year 200 Computer Problem licensees and certificate holders

99-19 Rupture of the Shell Side of a 6/23/99 All holders of operating licenses

Feedwater Heater at the Point or construction permits for nuclear

Beach Nuclear Plant power reactors

99-18 Update on NRC's Year 2000 6/14/99 All material and fuel cycle

Activities for Materials Licensees licensees and certificate holders

and Fuel Cycle Licensees and

Certificate Holders

99-17 Problems Associated with Post-Fire 6/3/99 All holders of OL for nuclear

Safe-Shutdown Circuit Analyses power reactors, except those who

have permanently ceased

operations and have certified that

the fuel has been permanently

removed from the reactor

99-16 Federal Bureau of Investigation's 5/28/99 All U.S. Nuclear Regulatory

Nuclear Site Security Program Commission fuel cycle, power

reactor, and non-power reactor

licensees

99-15 Misapplication of 10 CFR Part 71 5/27/99 All holders of operating licenses or

Transportation Shipping Cask construction permits for nuclear

Licensing Basis to 10 CFR Part 50 power reactors

Design Basis

99-14 Unanticipated Reactor Water 5/5/99 All holders of licenses for nuclear

Draindown at Quad Cities Unit 2, power, test, and research reactors

Arkansas Nuclear One Unit 2 and Fitzpatrick

OL = Operating License

CP = Construction Permit