ML20059H901
| ML20059H901 | |
| Person / Time | |
|---|---|
| Issue date: | 01/07/1994 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 NUDOCS 9401310231 | |
| Download: ML20059H901 (11) | |
Text
{{#Wiki_filter:. 1 RELEASED TO THE PDR l' /'s.. c.,,* b, NUCLEAR REGULATORY COMMi$SION j ~ UNITED STATES !'t f ... 5 O W ASHIN GT ON. D.C. 20555
- J
,e ........................ j l 1; E January 7, 1994 5 ,o s s OFFICE OF THE SECRETARY MEMORANDUM TO: James M. Taylor j Executive Director for Operations frk[8d FROM: i liTmuel J. Chilk, Secretary iy
SUBJECT:
SECY-93-317 - PROPOSED RULEMAKING - REVISION TO PART 34, LICENSES FOR RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHIC OPERATIONS 1 l l The Commission (with all Commissioners agreeing) has approved publication of the proposed rule in the Federal Reaister for a 90-day comment period with the changes indicated in the attachment. In addition, in section 34.91, Documents and records recuired at l temporary iobsites and use or storace locations exceedina 180 l days, the staff should add a requirement for the licensee to maintain a copy of the NRC license at the temporary jobsites and i temporary storage locations (page 80). 4
Attachment:
As stated l l cc: The Chairman l Commissioner Rogers Commissioner Remick Commissioner de Plangue OGC l OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) \\ SECY NOTE: THIS SRM, SECY-93-317, AND THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM. 9401310231 940107 93-317 PDR ' ))h PDR SECY \\
1 III. General Discussion of Proposed Rule Changes The proposed amendments contain requirements which are intended to improve radiography safety. The first major change is a proposal to require, j at a minimum, two qualified individuals (two radiographers or a radiographer and an individual who has met, at least, the requirements to be a j radiographer's assistant) to be present any time radiographic operations occur outside of a permanent radiographic installation. This issue has already been addressed under Section II. Petition for Rulemaking, j On Maren 19,1991 (56 FR 11504), the NRC published a final rule which provided for a voluntary third-party radiographer certification program Awu;can pk4 4w idenciestume, bug s through thefASNT/, as discussed further in 3ection IV. Sp:rien:: with :::h : 2. l t' !untary pr:gr: : eld pr:;id: th: b::is fer : --datory certiri : tie-q. pr grr.t Several Agreement States have adopted mandatory radiographer state administered examination programs. The promulgation of these programs, as well as other changes in their radiography regulations, have contributed to an overall improvement in safety and a decrease in serious overexposures in these Agreement States. i l The proposed rule would recognize other certifying organizations who i meet the requirements outlined in Appendix A of the proposed rule. Independent certifying organizations would be required to meet all of the requirements listed in Appendix A, while Agreement States that wish to become certifying entities would only be required to meet the requirements listed in Part II and III of the Appendix. The NRC plans to publish annually in the Federal Register an updated list of certifying entities and to provide the 7 i i a
operating and emergency procecures, instrument calibration recoros, leak test l t results, inventory records, utilization logs, training and survey records. These records are those required for licensees to safely handle radioactive material, and are a subset of the records required at a licensee's normal place of business. Section 34.91, Documents and records required at temporary jobsites and use or storage locations exceeding 180 days, would be added to list documents and records required at temporary jobsites and locations where radioactive i material will be in use or storage for more than 180 days. This section is necessary to ensure that licensees have available sufficient records to demonstrate compliance with NRC regulations and those records necessary to maintain safe operations. The records listed are a smaller subset of the records required for a field station or permanent insthilation. These records include copies of pertinent regulations, evidence of latest instrument N E ( M nse, or calibrations, latest survey records, shipping papers, and Agreement State license if operating under reciprocity. These records are those required for licensees to safely handle radioactive material. ) Subpart F - Notifications This subpart is basically unchanged from 6 34.30 with the exception of an additional requirement. Section 34.101(c) would require licensees to notify the appropriate NRC regional office in writing before using or storing radioactive material in one location for more than 180 days. This notification would be required within 30 days of exceeding the 180-day timeframe. This provision would be added to provide the NRC with information 31
e or her emolayer's operating or emergency procedures, or the Comission's or an Agreement State's regulations. For the written examination, NRC is proposing that it be: (1) designed to test knowledge and understanding of the subjects listed in 6 34.43(f); (2) written for a ninth-grade reading comprehension level; and (3) setentifically analyzed to ensure that the questions are not biased or misleading. Agreement State Compatibility t 16ERT 1. The rule will be a matter of compatibility between the NRC and the Agreement Sths, thereby providing consistency between Feder sand State 's N N N safety requirementsk With regard tAbasic radiatio equipment specifications, x N N N standards and definitions, identified assmatters of Di ision 1 level o compatib 4ty, the Agreeme States will x o t, essentiall s \\ \\pected to verbatim, th oposed Part 34 htandards and definitions intotheir equivalent i ) ~ \\ \\ N j x regula{ ions. However, the NRC alsovecognizes thats certain termsNsuch as 4 '\\ \\ \\s N x l ' Continued use of alternative ' terms, such a\\\\ y n radiographer assistants ma s \\ l lations.N s Strainee" wilhbe i re N N N N i considered acceptattle so long as the underlyingequirements of the position \\ \\ \\ are consistent with those proposed'by the Commiss\\ ion. 'N 'N 'N N For Agreement States that wish taNdevelop radiognapher certific'ation \\ '\\ \\ \\ l pro' grams, Parts I'l and III of th'e proposed Appendix A would also be Div\\ isiqn 1 l s N N N N items oAcompatibilit. The definittuns and theNrequirementsNfor 'N N 'N x \\ritten examinations contained in thisNrulemaking / certificatio\\ programs an N N N must be the same\\for all NRC and Agreement State licensees. to maintah i s 34 ( 4
INSERT 1 Agreement State Compatibility The rule will be a matter of compatibility between the NRC and the Agreement States, thereby providing consistency between Federal and State safety requirements. With regard to basic radiation equipment specifications, standards and definitions, l identified as matters of Division 1 level of compatibility, the Agreement States will be expected to adopt, essentially verbatim, the proposed Part 34 standards and definitions into their equivalent regulations. However, the NRC also recognizes that certain terms, such as radiographer's assistant, may not be used in present Agreement State regulations. Continued use of alternative terms, such as " trainee" will be considered acceptable so long as the underlying requirements of the position are consistent with those proposed by the Commission. The remainder of the rule will be a Division 2 level of compatibility allowing the Agreement State regulators the flexibility to adopt similar or more stringent requirements based on their radiation protection experience, professional judgments, and community values. Appendix A of proposed 10 CFR Part 34, provides the requirements for certifying entities to be acceptable to NRC. The Commission reserves the right to make this determination and j therefore this is a Division 4 item of compatibility. Because it concerns a regulatory function that will be reserved for the Commission pursuant to 10 CFR Part 150, the Agreement States will s not need to implement this provision of the proposed rulemaking. A new section proposed for Part 150 would make clear the Commission's intent to reserve this function and also to reserve the right to set minimum radiographer certification standards. Agreement States that wish to develop radiographer certification programs would be expected to implement Parts II and III of the proposed Appendix A. The definitions and the requirements for certification programs and written examinations contained in this rulemaking must be the same for all NRC and Agreement State licensees to maintain consistency. In practice, States that develop certification programs must develop regulatory language and regulations that implement Appendix A, Parts II and III criteria. States would be permitted to include additional administrative requirements (such as State-issued cards). States that do not develop certification programs would not be expected to implement Appendix A. NRC or an Agreement State must reciprocally recognize valid radiographer certifications issued by either an independent certifying ratity approved by the NRC or by an Agreement State certification program meeting the requirements of Appendix A, Parts II and III, of the proposed rule. Agreement States would be expected to submit their proposed program for NRC review and evaluation prior to implementing their certification program.
M y ams must In practice, States that develop certification pr ( consistency. ~ deveico' regulatory language andN(egulations that im)lement AppenoiAA i I \\ \\. I \\ States would be permitted tAinclude additi'ooal x g Parts 11 and Ill criteria. \\ \\ '\\ tates that do n'ot administrative requirements (such as State-issued cards). \\ \\ \\ develop certification programs would not besexpected to implement Appendix A. i N N N N \\- NRC or aqAgreement State mitst reciprocally rec nize valid radiogra(her certifications issued by eithe\\r an independent cer ifying entity approved b \\ \\ N N N \\ i 's 1 the NRC or by aA Agreement State certification program meeting the N' N i N N requirements of Appendix A, Parts II an II, of the proposed rule. N N N Part I of Appendix A of proposed 10 CFR Part 34, providessthe N N N x reoutrements\\for independent certifying organitations to be acceptahle to NRC. ' \\ \\ \\ N i The Comission reserves the right to make this determination and therefareN N N \\ thi' is a Division 4 item of compatibility. Because it concerns a regulatory N that will be reserved for the Commission pursuant to 10 CFR Part 150, functi s \\ \\ \\ \\ the Agreement States will not need to adop\\t this provisio\\of the propos \\ rulemaking.\\ new section prop \\ osed for PartN150 would make clear the A\\ \\ \\ NComission's intent to reserve this function ands also to reserve he right to N N N set %inimum radiographer certificatinn standards. \\ '\\ \\ \\ the rule will be a Division 2 level of compatibili,ty-N The remainder o t \\ \\ \\ allowing the Agreement St e regulators the flexibility tu adopt similar or \\ N N t more stringeg requirements based on their ra lation protection experience, N. \\ \\ professional judgments, and community values. _.. / NC( 35
guices, cr comes in contact with the source, (e.g., guide tube, control tube, control (crP cut det:ce), removable source stop, "J" tube). d iv G -- -n Becouerel (Bq) means one disintegration per second. Certifying entity means an independent certifying organization meeting the reouirements in Appendix A or an Agreement State meeting the requirements in Appendix A, Parts II and III. Collimator means a device used to limit the size, shape, and direction of the primary radiation beam. Control tube means a protective sheath for guiding the control cable. l The control tube connects the control drive mechanism to the radiographic j exposure device. Exposure head means a device that locates the gamma radiography sealed source in the selected working position. (An exposure head is also known as a source stop.) Field examination means a demonstration through practical application of { the safety rules and principles in radiography including use of all appropriate equipment and procedures. Field station means a facility where licensed material may be stored or used and from which equipment is dispatched. Gray means the SI unit of absorbed dose. One gray is equal to an absorced dose of 1 Joule / kilogram. It is also equal to 100 rads. Independent certifying organization means an independent organization that meets all of the criteria in Appendix A of this part. Pernanent radiographic installation means an enclosed shielded room, cell, or vault, not located at a temporary jobsite, in which radiography is performed. 45
l i h t certifying entity snall submit its reouest to the Director, 0ffice of. Nuclear i i Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, j i Washington, DC. 20555. 1 I (3) Has received copies of and instruction in the requirements described in NRC regulations contained in this part; in il 30.7, 30.9,.and 30.10; in f the applicable sections of Parts 19, 20, and 71 of this chapter, in applicable ~ 1 00T regulations as referenced in 10 CFR Part 71, in the NRC license (s) under-I which the radiographer will perform radiography, and the licensee's operating and emergency procedures; { (4) Has demonstrated understanding of NRC regulations-, the licensee's license, and the licensee's operating and emergency procedures by' successful completion of a written examination. l (5) Has demonstrated competence in the use of the licensee's f radiographic 4 C exposure devices, sealed sources, related handling tools, and survey [ instruments; and (6) Has demonstrated understanding of the instructions in paragraph (a)(3) and (a)(5) of this section by successful completion of a field f examination. (b) The licensee may not permit any individual to act as a radiographer's assistant until the individual -- (1) Has received copies of and instruction in the requirements described l in NRC regulations contained in this part; in is 30.7, 30.9, and 30.10; in 1 1 the applicable sections of Parts 19, 20, and 71 of this chapter, in applicable i 00T regulations as referenced in 10 CFR Part 71, in the NRC license (s) under i 66 {
which the radiographer's assistant will perform radiography, ano the licensee's operating and emergency procedures; (21 Has damonstrated.ccmpetence to use, under the personal supervision of the radiographer, the radiographic exposure devices, sealed sources, related handling tools, and radiation survey instruments that the assistant will use; provided ander (bXO (3) Has demonstrated understanding of the instructions i-this p:r:gr:ph o, 3 g-{M-of this section by successfully completing a written test and a field examination on the subjects covered. (c) The licensee shall provide annual safety reviews for radiographers i and radiographer's assistants at least once during each calencar year. (d) The licensee shall conduct an annual inspection program of the job performance of each radiographer and radiographer's assistant to ensure that the Commission's regulations, license requireme its, and the applicant's operating and emergency procedures are follourd. The inspection program must: (1) Include observation of the performance of each radiographer and radiographer's assistant during an actual radiographic operation at intervals not to exceed 12 months; and (2) Provide that, if a radiographer or a radiographer's assistant has not participated in a radiographic operation for more than 6 months since the last inspection, the individual's perfonnance must be observed and recorded when the individual next participates in a radiographic operation. (e) The licensee shall maintain records of the above training to include certification documents, written and field examinations, annual safety reviews and annual inspections of job performance in accordance with 5 34.79. 67
i (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections spec 1fied in paragraph (b)(1)(i) of this section. (iv) Any terin, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(1) of this section. (2) For any violation for which a license may be revoked under section of the Atomic Energy Act of 1954, as amended. 51. Section 34.123 is added to read as follows: % 34.123 Criminal cenalties. (a) Section 223 of the Atomic Energy Act of 1952, as amenced, provides for criminal sanctions for willfC iolation of, attempted violation of, or [ conspiracy to violate, any regulation issued under one or more of sections. 161b,1611, or 161o of the Act. For purposes of section 223, all the regulations in Part 34 are issued under one or more of sections 161b,1611, or 161o, except for the sections listed in paragraph (b) of this section. 1 (b) The regulations in Part 34 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: 5 34.1, 5 34.3, 5 34.5, 5 34.8, 5 34.11, 5 34.13, 5 34.111, 5 34.121, 5 34.123. I 83
[ 9. Have written procedures describing all aspects of its i cert 1fication program, maintain records of the current status of eacn individual's certification and the administration-of its certification i program: 10. Have procedures to ensure that certified individuals are provided due process with respect to the administration of its certification program, l including the process of becoming certified and any sanctions imposed against certified individuals; and 11. Have procedures to ensure that the individuals' proctoring eac'h examination are not employed by the same company or corporation (or a wholly-owned suosidiary of such company or corporation) as any of the examinees: 12. Exchange infomation about certified individuals with the Commission 4" " ^ "'; d M organizations and allow periodic ) 4 r~ t:L: review of its certification program and related Mcorsis; 13. Provide a description to the Commission of its procedures for choosing examination sites and for providing an appropriate examination environment. II. Requirements for Certification Programs. All certification programs must: 1. Require that individuals (a) receive training in the topics set forth in 6 34.34(f) of this part, and (b) satisfactorily complete a written examination covering these topics; 2. Require applicants for certification to provide documentation that demonstrates that the applicant has: (a) received training in the topics set forth in section 34.43(f) to this part; (b) satisfactorily completed a minimum period of on-the-job training; and (c) has received verification by an 85 --}}