ML19332G250

Forwards Documents of Central Relevance to Regulatory History Index for Proposed Rulemaking 10CFR34, Asnt Certification of Industrial Radiographers. Designator Assigned by Regulatory Publications Branch Is AD35-1

ML19332G250
Person / Time
Issue date:	12/13/1989
From:	Roecklein A NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Lanham D NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML19332G251	List: ML19332G250
References
FRN-54FR47089, RULE-PR-34 AD35-1-01, AD35-1-1, NUDOCS 8912200397
Download: ML19332G250 (6)

Text

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8'3 NUCLEAR REGULATORY COMMISSION l

WASHINGTON, D. C. 20bb5

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December 13, 1989

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MEMORANDUM FOR:

Don Lenham. Document Control Branch l

Division of Information Support Services ADM FROM:

Alan Roecklein, Radiation Protection and Health Effects Branch, DRA, RES

SUBJECT:

P.EGULATORY HISTORY INDEX FOR PROPOSED RULEMAKING "ASNT CERTIFICATION OF INDUSTRIAL RADIOGRAPHERS" 0F 10 CFR PART 34 Enclosed are documents of central relevance to the subject proposed

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rulemaking and should be added to the regulatory history file. The designator assigned by the Regulatory Publications Branch is AD35-1 and is noted in the upper right hand corner of the cover page for each document. Document 1 is to be placed in the'PDR, and documents 2 through N are to be placed in Central i[

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Alan K. Roecklein i

r Radiation Protection and Health Effects Branch Division of Regulatory Applications Office of Nuclear Regulatory Research

Enclosure:

As stated.

8912200397 891213 PDR l.

54'R47069

ENCLOSURE,

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Document for PDR Placement 1.

Federal Register Notice (54 FR 47069) dated 11/09/89 for Proposed Rule on ASNT Certification cf Industrial Radiographers (10 CFR 34)

Documents for Central Files Placement 2.

Letter from E. Beckjord, RES, dtd 11/13/89 to Senator Breaux, Rep. Udall, j

and Rep. Sharp forwarding public announcement and proposed rule on 10 CFR -34 3.

tiene for D. Meyer, ADM, dated 11/02/89 from D. Cool, RES. Subject -

Proposed rule on 10 CFR 34 - with enclosures (1. A

3. Congressional letters, 4. Public Announcenent) pproval Notice, 2. FRN, 4.

Memo dated 10/30/89 from S. Chilk to J. Taylor regarding SECY 89-303, Proposed Amendments to 10 CFR 34, advising of Commission's no objections to issuing proposed rule and providing financial assistance to ASNT 5.

Memo from E. Beckjord to J. Taylor dated 10/27/89 requesting signature on proposed rule to 10 CFR 34 6.

Memo dated 10/23/89 from S. Chilk, SECY, to J. Taylor, EDO, regarding proposed amendment to 10 CFR 34 advising that the Commission did not object to issuance of the proposed amendment 7.

Memo dated 10/16/89 from S. G. Burns to S. J. Chilk regarding Chairman i

Carr's negative consent on proposed amendment to 10 CFR Part 34 for ASNT Certification (SECY89-303) 8.

SECY-89-303 - Commission paper dated 10/02/89 forwarding proposed arnendment to 10 CFR 34, Regulatory Analysis, and Public Announcement l

9.

09/13/89 OGC markup on Conrnission paper and proposed amendments to 10 CFR 34

10. 09/12/89 OGC markup and general comments on Commission packaoe on proposed amendments to 10 CFR 34

11. Meno dated 09/05/89 from M. Knapp, R1, to B. Morris, RES, commenting on

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proposed amendments to 10 CFR 34 I

12. Memo dated 09/01/89 f rom R. Scarano, RV, to B. Morris, RES, advising of i

RV's concurrence on proposed amendments to 10 CFR 34 l

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Enclosure ]

13. Memo for B. Morris (RES) from T. Novak (AEOD) dated 09/01/89 advising of AE00's concurrence on proposed amendment to 10 CFR 34 14 OGC comnents and markup (09/01/89) to proposed amendnent to 10 CFR 34

15. Memo for B. Morris (RES) from H. R. Denton (GPA) dated 08/30/89 forwarding comnents on proposed anendnents to 10 CFR 34

16. Memo for B. Morris (RES) from R. Bernero (NMSS) dated 08/25/89 forwarding comments and markup on proposed amendment to 10 CFR 34

17. Memo for A. Roecklein (RES) from W. E. Cline (NMSS) dated 08/24/89 advising of concurrence on proposed amendnent to 10 CFR 34

18. Documentation of telephone concurrences on proposed rulemaking package:

One from C. Sakenas, CRGR, on 08/24/89 6nd one from B. Fisher, RIV, on 08/22/89

19. Memo from F. Gillespie, PMPDAS, NRR, dated 08/22/89 toB. Morris (RES) regarding review of proposed rule for 10 CFR 34

20. Memo for E. Beckjord (RES) dated 08/22/89 from Pat Norry (ADM) advising of concurrence and comments on proposed rule for 10 CFR 34

21. Meno for B. Morris (RES) from C. Norelius (RIII) dated 08/21/89 regarding review of proposed amendment to 10 CFR 34

22. Memo dated 08/11/89 for attsched from B. Morris (RES) requesting office review and concurrence on proposed amendment to 10 CFR 34

23. Meno dated 08/10/89 from V. Miller to A. Roeck1cin forwarding comments on proposed memo to EDO on the ASNT Certification rulemaking and the l

proposed FRN f

24 Article from Materials Evaluation /47/Oct. 1989 entitled " Certification of Industrial Radiography Radiation Safety Personne1" by Robert R. Doggart l

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' Proposed Ruts Vol. 64. No. 210

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'nursday, November s.19se This section of the FEDERAL REGISTER Acontatt's: Mail written comments to:

The high activity radioactive sources contains nonces to the pubhc of the Secrttary, U.S. Nuclear Regulatory used in industrial radiography pose proposed issuance of rWe and Commission. Washington. DC 20555, serious hazards if radiation safety mpJabons. The pwpose of thm notices attention: Docketing and Service Dranch. procedures are not adhered to is 2 M interested po sons an Deliver comments to: 2120 L Street, rigorously, A significant fraction of g

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NW (14wer Level), Washington, DC, occupational overexposures and serious bet ween 'h30 a.m. and 4:15 p.m. Tederal radiation injuries reported to the NRC ng,,,

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and the States have occurred in i

Copies of draft regulatory analysis industrial radiography operations.The NUCLEAR REOULATORY and comments received may be State of Texas determined that 42 COMMISSION examined at: the NRC Public Document percent of all overexposures reported in Room at 2120 L Street, NW,(lower that State in 1987 were attributable to IO E8FII4 Level), Washington, DC.

industrial radiographic operations. He pon puemesa esoponesatsoes coastact:

Commission is determined to work with

" 8 " 88 Alan K.Roecklein Office of Nuclear the licensees and the States to make ASNT Cerenceuen of bde Regulatory Research, U.S. Nuclear every effort to improve the radiation Regulatory Commission. Washington, safety record in industrial radiography.

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DC P.0555, telephone (301) 492-3740.

This rulemaking is consistent with and Assesev:ne Nuclear Regulatory suppLessestfAny sosposP4ATeost complements other recent NRC actions Commission.

such as the proposed radiography

Background

device safety rule and the previously tussatasm The Nuclear Regulatory Current NRC sealed source published quarterly performant.e Commission proposes to amend its radiography licensing requirements (10 inspection requirement (134.11(d)).

regulations at 10 CFR part 34, ' Licenses CFR 34.11) specify that an applicant will Investigation by the NRC and l

for Radiography and Radiation Safety have an adequate program for training Agreement States have indicated that Requirement,e for Radiographic radio [ule or description of the programraphere and will submit to NRC a inadequate training is often a major Operations, toprovidelicense sche contributing factor to radiography applicants the option to affirm that all of including initial training. periodic accidents. Proposals to require third.

their active radiographere will be retraining, on.the. job training, and the party certification of radiographers have certified in radiat on safety by the means to be used by the licensee to been advanced by NRC staff, the Ad American Society for Nondestructive determine the radiographer's knowledge Hoc Radiography Steering Committee Testing (ASNT) prior to commencing and understanding of, and ability to and ASNT,in 1987, the Texas Bureau of duties as radiographers,in lieu of ly with, Commission regulations Radiation Controlimplemented a comficensing requirements, and the comprehensive testing program for current licensing requirements to submit and descriptions of planned initial radiation operating and emergency procedures of radiographers as a means of improving safety tralning and qualification the applicant. Section 34.31(a) specifies and verifying training and radiation procedures. The Commission believes conditions under which an individual is safety practices in the industry.To date, that the ASNT ' Certification Program permitted to act as a radiographer,in approximately 2.000 individuals have for Industrial Rad,lography Radiation addition, appendix A or part 34 outlines been tested and issued industrial th rasauon pmmuon trainbg re&gra$y m cams h 6amat eEtable met o ne rin8 that requirements.

Preliminary evaluation of the radiographers are adeguately trained in The NRC is proposin to permit effectiveness of the Texas program is the radiation safety subjects listed in applicants to affittn,in leu of submitting encouraging.There is an ladication of a appendix A of to CFR part 34. The intent descriptions of their initial radiation downward trend in overexposures since i

l of this proposed rulemaking is to safety training and radiographer Texas radiographers began preparing recogniae this program and to encourage qualification program, that all for the examination, but the data are not industrial radiography licensees to individuals permitted to work as yet definitive. Inspectors report participate in the ASNT program. This radiographers will be certified in observing radiographers atadying safety proposed rule also solicits comments on radiation safety through the Industrial training documents and a general the costs and benefits of third. party Radiography Radiation Safety Personnel improvement in job site performance, radiation safety certification which will Program of the American Society for The ASNT's

• Certifications Program be used by the Commission in its Nondestructive Testing ( ASNT), Inc.

for Industrial Radiography Radiation consideration of a planned subsequent prior to commencing duties as Safety Personnel" was approved by its rulemaking that would require radiographers. Contingent upon an Board of Directors in March of 1989. The radiographer certification.

analysis of the costs and benefits of program, which would use a written Dats:ne public comment period third-party certification and examination developed and validated expires February 7.1990. Comments demonstrated success of the ASNT by the State of Texas, has been

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received after this date will be certification program, the NRC is reviewed widely, NRC headquarters and l

considered if it is practical to do so, but considering the initiation of a Regional staff provided extensive the Commission is able to assure subsequent rulemaking which would comment on the program.The ASNT consideration only for comments require third-party certification of all program will offer certification for both received on or before this date, radiographers.

isotope and x. ray users. Applications for

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kNet Federal Register / Vol. 54. No. 216 / Thursday. N vember 9.1989 / Proposed Rul:s certification requires documentation of option to affirm that allindividuals he ASNT estimates lbst as many se 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of classroom training in acting as radiographers will be certilled 12,000 radiographers could be involved redlanon safety topics specified by in radiation safety through the Industrial in certi!1 cation. The total cost to the ASNT (including those subjects outlined Radiography Radiation Safety Personnel industry is estimated to be 963 million in appendix A of to CFR part 34),

tirogram of the American Society for in1909 dollars based on a 30 year documentation of 520 houn of direct h'ondestructive Testing, Inc. prior to period beginning in 1989.

cxperience with radiography sources commencing dulles as radiographers.

W NRC believes that voluntary unN the controlof an NRC or nis would be in lieu of the current participation in the ASNT certincellom Agreement State licensee, and proof of requirement for subadtting a description program has the potential to successful completion of a practical of the applicant's initial tralnias and significantly improve safety awareness

. cxamination on safety procedures testing program on radiation safety and performance, cdministored by an institution subjects listed in appendix A olio CFR recognised by the ASNT. ASNT pan 34. It is not the intent of th6s I:avirontnental impact: Categorical Exclusion recognizes government or privete rulemaking to waive the training insututions that are licensed by the NRC requirements outlined in 6 34.11. I 34.31 De NRC has determined that this or an Agreement State for the use of and appendix A of to CFR part 34.This regulation is the type of action described radiography sources.

rule also would not change requirements as a categorical exclusion in to CFR Upon approval of an application for for radiographers' assistanta, and 51.22(c)(3)(1). nerefore, neither an certification by ASNT.a candidato descriptions of periodic retraining and environmental impact statement not sa radi spher would then be eligilde to training in operating and eme ency environmental essessment has been

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h $ u es would continue to prepared for this proposed rule, d

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cdministered by the ASNTor the Paperwork Reduction Act Statossent Conference of Radiation Control Tuture Rulemaking This proposed rule does not contein e '

Program Directors (CRCpD).no This proposed rule also solicita r.cw or amended information collection axamination covers radiation protection comments on the costs and benefits of requirement subject to the Paperwork principles, regulations, basic equipment third-party radiadon safety ourtification Reduction Act of 1980 (44 U.S.C. 3501 et operation, and radiation safety which will be used by the Comadasion seq.). P.xisting requirements were procedures applicable to industrial inits consideration of planned approved by the Office of Management phy o"' m n" subsequent rulemaking that would and Budget approval number 315G-012m dp

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she wilfabide by the ASNT Rules of require radiographer certification.

Regulatory Analysis Professional Conduct.

Impact Commisaba has pamd a drah Certification is for a period of 5 years' end a candidate for renewal must The ASNT has estisaated the cost to.

regulatory analysis on t aproposed document riontinued active permanent the bdustry for ceruficadon to be regulauon.b analysis Examinde smployment in radiography for at least approximately 31000 per radiographer, costs and benefits of the alternatives 24 out of the last 36 months. In addltion, whichincludes exam fees and costs, considered by the Commission.ne the renewal candidate must document at travel, and administrouve costs and draft analysis is available for inspection least 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> of annual formal classroom lodging at the testing site. Certification in the NRC Public Document Room,3120 training on radiation safety topics is for a period of 5 years, and a L Street NW,(lower level),

including new safety regulations or candidate for renewal must document Washington, DC. Single copies of the requirements. If these renewal criteria continued active permanerd employment draft analysis may be obtained from tre not met, the candidate would be in radiography for at least 24 out of the Alan K. Roccklein, Office of Nuclear required to repeat the examination last 30 months,In addition, the renewal Regulatory Research, U.S. Nuclear candidate must document at least 8 Regulatory Commiselon, Washington, process.

ASNT plans to implement an initial hours of annualformalclassroom DC 20555 Telephone (301)4953740.

trial of its certification program in training on todlation safety topics The Commission requests public December of 1989. It is expected that the including new safety regulations or comment on the draft regulatory ptogram will be fully capable of requirements. If these renewal criteria analysis. Comments on the draft certifying approximately 10.000 are not met, the candidate would be analysis may be submitted to the NRC radiographers within 2 to 3 years. The required to repeat the examination as indicated under the Anonasses NRC staff will monitor the trial program process.The NRC expects use of the heading.

prior to initiating rulemaking which ASNT certification program by the Regulatory Flexibility Certification would make third-party certification a license applicant would not affect requirement.

licensee training costs becausa present Based upon the information available htore detalled information regarding NRC regulations require training and at this stageof the rulemaking the certification program is available would continue to do eo, and because proceeding and in accordance with the from the American Society for the ASNT eligibility requirements Regulatory Flexibility Act. 5 USC.

Nondestructive Testing. Inc.,4153 include documented trairdng. Some 005(b). the Commission certifies that, if Arlingate Plaza P.O. Box 28510, small reduction in cost will be promulgated, this rule will not have a Columbus, Ohio 43228-0518.

associated with the application process significant economic impact upon a becauseif a radiographylicense substantial number of small entities.

Description of Proposed Amendment applicant elects to have its The propoacd rule would affect all The proposed amendment to 10 CFR radiographers certified, the applicant industrial radiography license 34.11 would apply to all applicants for would not have to submit a detailed applicants. Currently, license applicants NRC industrial radiography licenses.

description of a planned initial radiation are required under 10 CFR part 34.11(b)

The proposed rule would provide safety training and testing program to provide descriptions of initial radiography license applicants the covering the topics listed in appendix A.

training. testing and periodic safety

i Fedesel Regleter / Vol,44 No. 216 / %ursday, November 9,1989 / Proposeed Rtles 47931 I

perfosinence appealsels of all For tiw reasons set outin the FEDERALTRADE C000408000014

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radiographers in their employ,he preamble and under the authority of the 1

proposed rule wouldadd a provision Atomic F,nergy Act of 1954, ae amended, 16 CFR Part 708 l

that would permit substitution of ASNT the Energy Reorganisation Act of 1974.

certification for the existing requiremera as amended, and 5 U.S.C. 658, the NRC Informal Dispute tettlement i

I to submit detailed descriptions of initial is proposing to adopt the following Procedures rs on sa amendment to 10 CPR part 34.

Aetiscy: Federal Trade Commission, Ilecause the cost of ASNT oertification PART 84-LICENSES FOR AcTsost Rebuttal period on public per radiographer is estimated at RADIOGRAPHY AND RADIATl004 comments filedin advance notice of approximately $1000 for a certification SAFETY REQUIREIRENTS FOR proposed rulemaking.

period of 5 years and recertification RADIOGRAPHIC OPERATIONS without reexamination is estimated at aussesAny:ne FederalTrade 1, ne authort citation for part 34 Commission has granted allinterested a

ximately 870.00 per radiographer, continues to res as iollows:

parties a 30.dey period, until December an the potentialimprovement in safety awareneas and performance is Ausbeelty: Seas. 31,161,182, its, se Stet.

15,1989, to Mview and respond to any factualinformation fued during the considemd to be significant, the overall 936, eso, e68, en as amended (42 USC 2111, comment od on the Commission's industry benefits am conaldwed to 2301,2232,2233); esc, am, as Stat 1M2, u Advance ofice of proposed,

outweigh the economic innpact on small amended (42 U.S.C SM1).

industrial radiography licensees.

• Section ns2 sloo teeued under sec. nas, no Rulemaung for posalMe arnedments to j

Its rule governing infurmal dispute liowever, the NBC is seeking comments Stat.1246 (42 UAC nosol.

settlement procedures (16 CPR part 703),

and suggested modifications of the For the purposes d sec. 223, to Stat. 06a, u proposed rule because of the widely amended (42 UAC 2273h Il n22, n23, ne Advance Notice was puMiehed on differing conditions under which small nn nastel, (b), and (d), M.36, M.2e, nst May 16,1989 (54 TR 21070). On industrial.tadiography licensees operate. (a) and (b), M.St. n85(e), (cl. and (d), M.41, September 19,1989,the Commission Any small antity, subject to this 34 42, and Mas (s), fb) and (c), and M 44 m,,

granted a oo. day extension for filing i

l regulation which determines that, l*eued under sec,1 stb, as stat. Ma, es public comments, ending November 15, because of its slae, it is likely to bear a amended let UAC saat(blh and H K11(d),

1989.

disproportionate adverse economic nas (c) and (dl.M.se, n27, nas(b),

DAvas: Written rebuttal comments will impact, chould notify the Commission of Ran(c), Estic),34.33 (b) and (e), and be accepted until December 18,1989.

this in a comment that indicates-644a(d) am lessed unde uc telo, as stet Aconass:Writtan oonunants and om u a MAC 2amton suggestions should be marked " Rule 703 (a) The applicants'slse in terms of annualincome or revenue, number of 2,In 134.11, paragraph )(5)is Review"and sent to the Division of employees, and the number of redesignated as paragr (b)(6) and a Marke practicea, Federal Trade radiographic teste performed annually; newparagteph(b)(5)is added to read as Commis on, Washington,DC nan How the proposed regulation follows:

Pon PWemesa espeassAnosecoutect:

wou o result in a significant economic Carole 1 Danielson,Divialon of burden upon the applicant as compared Kj,,,

Marketing Fractices, FederalTrade nomms lor to at on alarger applicant, Commluton, Wuhington,DC 30680, be(c) !!ow the p posed regulation could (202) 326-g116 modified to la einto account the (bl***

applicants' differing needs or (5)inlieu of describing aninitial capab!!!Ues:

training program for radiographere in 9teven Toporoff. Division of Marketing (d)The benefits that would be gained the subjects outlinedin Appendix A and Practices, Federal Trade Commisalon, or the detriments that would be avoided required in i R$1 of this part and the Washinston, DC 205a0, (302) 326-3135.

by the applicantif the proposed means used to determine the supptsesserTAny peronssATH>ss:In a regulation were modified as euggested radiographer's knowledge and letter filed on September g,1980, the by the commenter; and understanding of these subjects, the Attorneys General for the States of (e How the agulation, as modified, applicant affirms that all individuals Minnesota California, Connecticut, wou d still adequately protect the public ecting as radiographere will be certified Indiana, Florida, New York, ll!!nois and health and safety, through the Certification Program for Ohio renewed a re uest originally made Backfit Anal "I' Industrial Radiography Radiation Safety on May 26,1989, th t the Commission F

Personnel of the American Society for grant an additional period of not less ne NRC has determined that the Nondestructive Testing, Inc, prior to than 30 days to review and respond to backfit rule 10 CFR 60.109, does not commencing duties as radiographers, any economic or cost data submitted by apply to this proposed rule, and (This paragraph does not relieve a the automobile manufacturers or any therefore, that a backfit analysis is not licensee from compliance with the other interested pa during the public required for this proposed rule, because training requirements of i 34.31(a) of comment period on e review of the these amendments do not involve any this part.)

Commission's Rule Coverning Informal Dispute Settlement Procedures,16 CFR provisions which would impose backfits as defined in to CFR 50.109(a)(1),

Dated at Rockville, Maryland, thl Both day part 703 " Rule 703").In an Advance a Ru m n llat of Subjects in 10 CFR Part ad of October, toso.

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" **' '8"'"I"'I Packaging and containers, penalty, the Commission had requested written I

Radiation protection, Radiography, I"" M'F "

public comment on whether Rule 703 Ac'in# decutivenimerarforopemtions.

should remain unchanged, or whether it E

Reporting and recordkeeping requirements Scientific equipment.

[rR Doc.15-20443 Mled 11-6-ep B.45 em]

should be amended (54 FR 21070). On Security measures, ae.teso caos reskewer July 17,1989, the Commission denied the y

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