ML20055J022
| ML20055J022 | |
| Person / Time | |
|---|---|
| Issue date: | 05/09/1989 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Nellis D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20055H979 | List: |
| References | |
| FRN-53FR8460, FRN-55FR843, RULE-PR-34 AC12-2-09, AC12-2-9, NUDOCS 9007310284 | |
| Download: ML20055J022 (3) | |
Text
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l W ASHtNGTON, D. C. 20M4 W 0 9 1999 l
MEMORANDUM F 9:
Donald O. Nellis, RPHEB/RES FROM:
James Lieberman. Director Office of Enforcement
SUBJECT:
COMMENTS ON AMENDMENTS TO 10 CFR PART 34:
SAFETY REQUIREMENTS FOR INDUSTRIAL PADI0 GRAPHIC EQUIPMENT j
OE has reviewed the Consission paper and associated enclosures.
I would suspect that the industry is not looking forward to implementing this rule.
I l
recomend that we give clear notice that it is important to meet the requirements of the rule by providing a specific example of a violation in i
the enforcement policy.. The following insertions on enforcement should be added to the package.
e 1.
In the Discussion section of the Coumission paper add a statement on the enforcement policy such as follows:
Enforcement Policy Accompanying v..e final rule is a modification to the Commission's General t
Statement of Policy and Procedure for NRC Enforcement Actions,10 CFR i
Part 2, Appendix C.
This change which is to be made to Supplement VI,
" Fuel Cycle and Materials Operations," providas an example by which violations of the requirements of the 10 CFR Part 34 rule change may be categorized. A description of the' change is provided in the Federal Register Notice. The purpose of this change to the enforcement policy is to give notice to licensees that a failure to have the equipment required by the rule may be considered a violation of significant regulatory Concern.
l 2.
In the Recosmondation section of the Commission paper add a statement at
{
point 1 as follows:
l 1.
a) Approve (currentstatement) b) Approve publication of the modification to Appendix C to 10 CFR Part 2 as an effective policy statement that would become effective concurrent with Part 34 rule change.
3.
On page 1 of Enclosure A, add 10 CFR Part 2 to Heading 4
On page 1 of Enclosure A, the Action section needs to be changed to l
state:
... and modification of the General Statement of Policy and Procedure for NRC Enforcement. The Sunnary section needs an additional sentence added as follows:
In addition, the Commission is modifying its enforcement policy to add a specific example to Supplement VI to reflect the importance of meeting the requireewnts A the rule.
g73g284900726 '
34 55FRB43 PDR
i e,
Donald O. Nellis,
l 5.
On page 34-35 of Enclosure A, after " Regulatory Flexibility Analysis," add statenent as follows:
l Modification of Enforcement Policy The Comission is nodifying its General Statenent of Policy and Procedure for NRC Enforcepent Actions,10 CFR Part 2, Appendix C s
(Enforcement Policy) to reflect the Comission's amendment-of 10 CFR Part i
34 The change to the Enforcement Policy is being published concurrently i
with the new rule.
The modification to the Enforcement Policy is being made at this tine to Supplement VI " Fuel Cycle and Materials Operations" to put Itcensees on notice that the failure to implement the requirements for dosisotry and equipment by the required date may be considered a violation of significant regulatory concern. The example is to be used as guidance in considering Severity Level III violations of the requirements.
The example for Severity Level III is significant because it represents failures associated with use of equipment and dosimetry designed to minimize overexposures from radioactive materials.
6.
On page 36, 2nd paragraph, line 4, insert after "asendments to" 10 CFR Part 2 and.
i 7.
On page 36, after the 2nd paragraph insert the following:
t l
PART 2 - RULES OF PRACTICE F0,R DOMESTIC LICENSING PROCEEDINGS 1.
The authority citation for Part 2 continues to read in part as follows.
AUTHORITY:
Sec.161,68 Stat.948,asamended(42U.S.C.2201);
sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841).
2.
Appendix C, Supplement VI, is modified by adding example 9 to paragraph C to read as follows:
Appendix C -- General Statvaent of Policy and Procedure for NRC Enforcement Actions Supplement VI -- Severity Categories C.
Severity III.
t 9.
Failure, during radiographic operations, to have present or use radiographic equipment, radiation survey instrunents, and/or personnel monitoring devices as required by Part 34.
_ ~,,,,......
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Donald O. Nellis Additionally I recomend the following:
1.
On page 36 under AtlTHORITY, line beginning, "For the purposes... delete all cited r.aterial af ter "sec. 223 and insert the following:
For the purposes of section 223, the regulations in this part have been issued under section 161 (b). (1), or (o) unless otherwise sta.ted below: 3 4,. 8.
2.
On page 41, under i 34.33 Personnel Monitoring (a), paragraph (a)does not take into consideration the exceptions to wearing alarming ratemeters as discussed in Regulatory Guide 8.28 and stated on page 31 of the Statements of Consideration.
What is e radiographer or assistant radiogr6pher to do in high noise areas when he/she can't hear the alarm from the ratemeter, wear it anyway???
With the above mentioned changes you have OE's concurrence.
ppu ku'(&
James Lieberman, Director Office of Enforcement cc. HThompson, DEDS RBernero, NMSS RCunningham, HMSS LChandler, OGC Mtothchild, OGC
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