ML19318C079

Notice of Publication of Foster Wheeler Energy Corp Petition for Rulemaking PRM-71-8.Requests That Persons Licensed Pursuant to 10CFR34 for Industrial Radiography Be Exempt from Approval in Order to Deliver Licensed Matl to Carrier

ML19318C079
Person / Time
Issue date:	06/04/1980
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
RULE-PRM-71-8 NUDOCS 8006300521
Download: ML19318C079 (3)

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W NUCt. EAR REGUi.ATORY COMMISSION D3 CFR Part 713 Fo:;ter Wheeler Energy Corporation Filing of Petition for Rulemaking Docket No. PRM-71-8 AGENCY:

U.S. Nuclear Regulatory Comission ACTION:

Publication of Petition for Rulemaking from Foster Wheeler Energy Corporation;

SUMMARY

The Nuclear Regulatory Commission is publishing for public comment, as a petition for rulemaking, a motion filed before the Commission on March-19, 1980, by Foster Wheeler Energy Corporation. This petition, which has been assigned Docket No. PRM-71-8, requests that the Comission "... exempt persons licensed pursuant to 10 CFR 34 for Industrial Radiography from the provision of 10 CFR 7Ill12(b)(1)(1) requiring that such persons have a

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copy of '...all documents referred to in the license, certificate, or other approval...' in order to be able to deliver licensed material to a carrier for transport under the general licensing provisions of 10 CFR 71.12." Tne petitioner furth'er states that "it is adequate for a radiography licensee to have on file just the Certificate of Compliance for a given source shipping container."

DATE:

Comment period expires August 11, 1980.

ADDRESSES: A copy of the petition for rulemaki.ng is available for public inspection.in the Comission's Public Document Room,1717 H Street, NW.,

Washi.ngton, DC, A copy of the petition may be obtained by writing to the g[k Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC, 20555,

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All persons who desire to submit written coments or suggestions concerning the petition for rul making should send their comments to the Secretary of the Commission, U.'S.' Nuclear Regulatory Commission, Washington, DC 20555, Attention:

Docketing and Ser. ice Branch.

FOR FURTHER INFORMATION CONTACT: Joseph M. Felton, Director, Division of Rules and Records, Office of, Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone:

301-492-7211.

SUPPLEMENTARY INFORMATI0d:

he petitioner states that radiography licensees are authorized by NRC to use only specific sources and source shipping containers and that (Foster Wheeler) "...cannst register with the NRC Transportation. Branch to be a user of a package unless we are also licensed to use that same package by the NRC Radioisotopes Licensing Branch."

The petitioner, an NRC Byproduct Material Licensee, states that the preparation of its written procedures concerning the use and transporting of source shipping containers (as specified in sections 34.32 and 71.51) was accomplished without using the information requir~ d by section 71.12(b)(1)(1), yet these e

i procedures apparently meet NRC requirements.

TSe petitioner further states that the ddcuments which are maintained pursuant to sec. tion 71.12(b)(1)(1) have not proved to be needed or useful on other occasions and that "the regulation, as it pertains to our license category [Inuustrial Radiography Licensees], offers no positive effect on the safe transportation of radioactive material and should be withdrawn."

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A recently denied petition (Chem-Nuclear Systems, PRM-71-5) was filed on i

i similar grounds; however, the petitioner states that its petition (PRM-71-8) relates to different issues..

Copies of Chem-Nuclear Systems' petition and the Commission's Hotice of

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Denial are also available in the Public Document Room and may be obtained by

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writing to the Division of Rules and Records at the above address.

Dated at Washington,'DC <this_ 4th daf of...pune,

1980, For t Nuclear Regulatory Commission

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T Samuel J. C lk Secretary o the Commission

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DOCKE.T NUM2ER AEJ.illON RULE PRMf/_["

NRC PUBLIC DOCUNENI ROO FOSTER WHEELER ENERGY CORPORATION 11o south oAANGE AVENUE. UVINGSToN. NEW.lERSEY 07039 PHONE 201-533-11oo March 10, 1980 N

e Secretary, U.S. Nuclear Regulatory Commission m

Washington, D. C. 20555 m

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WR 19 G30 >

Attention: Chief, Docketing and Service Branch Oska elthe Suzt2l7 D

Dadatist & Suskl3

Reference:

NRC License 29-03369-03 teach D

a Sir:

Pursuant to 10 CFR 2.802, we hereby submit a petition for rule making to exempt persons licensed pursuant to 10 CFR 34 for Industrial Radiography from the provision of 10 CFR 71.12(b)(1)(i) requiring that such persons have a copy of "all documents referred to in the license, certificate, or other approval..." in order to be able to deliver licensed material to a carrier for transport under the general licensing provisions of 10 CFR 71.12.

We feel that it is adequate for a radiography licensee to have on file just the Certificate of Compliance'for a given source shipping con-tainer.

It is not necessary to also maintain a copy of each drawing, application, or other document referred to in the Certificate.

We t.re currently a registered user of five (5) radiography source shipping containe s for which an NRC Certi.~icate of Compliance has been issued.

The " referred" documents for these packages consists of approx-imately 48 drawings and about 250 pages of applications, test results, photographs, and other correspondence.

As a radiograpny licensee, we c'e authorized by the NRC to use only specific sources and source shipping containers. We can not register vith the NRC Transportation Branch to N a user of a package unless we are also licensed to use that same package by the NRC;. Radioisotopes-Licensing Branch. Per Sections 34.32 and 71.51 of the.re tailed written procedures concerning the use and transpoigdlations,;de '

packages are license requirements.

' tin'g~6f these' Our procedures were drafted using the device manufacturer's opera-ting manual and current copies of the NRC and DOT regulations. None of the information contained in the " referred" documents was needed in the.,

preparation of these procedures which, as evidenced by our having an NRC Byproduct Material License, apparently fully meet NRC requirements..

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CASLE ACCRESS: AEWCP LIVINGSTONNEwJERSEY

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,pnem wmr.am exam:r earomariox.cuar x. -2 March 10, 1980

-Attention: Chief, Docketing and Service Branch In addition, during the years we have had the " referred" docu-ments on file, we have not had any other occasion arise when these documents proved.to be either needed or useful. This includes NRC inspections of our licensed program.

We are aware of the recent denial of a Chem-Nuclear Systems, i

Inc. petition. for rulemaking (PRM 71-5) concerning this same regula-tion. Although our arguments are similar to those presented by Chem-Nuclear Systems, Inc., we wish to point out that our petition does not concern either the requirements for a package approval or the restricted release of proprietary information.

On a value/ impact basis, we feel that it can not be justified to require radiography licensees to have on file large amounts of paper-vork that are of no apparent value to the licensees as package users.

In our opinion, the regulation, as it pertains to our license category, offers no positve effect on the safe transportation of radioactive material and should be withdrawn.

Yours truly, h~

Bruce Kovacs Senior Radiographer BK/mb

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