ML20212M189

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Responds to 990908 Request for Extension to 990727 Deadline Provided in NRC Info Notice 99-22.NRC Unable to Exercise Enforcement Discretion & Licensee Will Not Be Authorized to Conduct Radiographic Operations in Federal Jurisdiction
ML20212M189
Person / Time
Issue date: 09/17/1999
From: Dan Collins
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Blakely W
CERTIFIED TESTING LABORATORIES, INC.
References
IEIN-99-22, NUDOCS 9910080213
Download: ML20212M189 (4)


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September 17,1999 s.e zCe'rtified Testing Laboratories'-

- ATTN: Mr. William R.' Blakely .

- Radiation Safety Officer

7252 Nacoossee Rd.'

'Orlando; FL 32822

SUBJECT:

REQUEST FOR DEADLINE EXTENSION TO APPLY FOR RADIOGRAPHER CERTIFICATION

Dear Mr. Blakely:

This is in response' to your request, dated September 8,1999, for an extension to the July 27,1999, deadline provided in NRC INFORMATION NOTICE (IN) 99-22, 10 CFR 34.43(a)(1); EFFECTIVE DATE FOR RADIOGRAPHER CERTIFICATION AND PLANS L

FOR ENFORCEMENT DISCRET/ON. You indicated that you had misinterpreted the changes to the radiographer training regulations, which led you to believe that your training program was currently in compliance with Part 34. : You also indicated that you, as a Licensee of the State of Florida, were not forwarded a copy of IN 99-22.

We have completed our review of your request for an extension to the deadline for having applied for radiographer certification examinations.

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Changes to Part 34, which required that radiographers be certified through a certification program by a certifying entity, were published in the Federal Register as a final rule on May 28,1997, and scheduled for implementation by June 27,1999. As a result of problems in examination availability, many radiographers previously indicated inability to meet the June 27,1999, deadline. - Rather than extending the effective date of the rule, NRC adopted a policy of not citing licensees for violating the requirement. This policy was described in IN 99-22 -

and applied to those who demonstrated they had made a good-faith effort to obtain certification,

, by applying for and scheduling an examination by the deadline. The deadline was extended to i I

July 27,1999, to accommodate the timing of the IN issuance.

In your letter, you did not provide any information that demonstrated you had made a good-faith effort to become certified prior to July 27,1999, or to apply for the examination prior to that date.

Therefore, we are unable to exercise enforcement discretion, and you will not be authorized to 1

. conduct radiographic operations in areas of exclusive federal jurisdiction until your 1 radiographers obtain the required certification. I 1

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9910000213 990917 O f

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Certified Testing Laboratories 2 You also indicated that if a request for an extension of the deadline for applying for certification is not granted, you would request that an exemption to the regulation be granted in accordance with 10 CFR 34.111. The NRC considers the certification of radiographers as a significant step in assuring that radiography operations are conducted in a safe manner. Therefore, we will not grant an exemption to the regulations in this case.

Thank you for your cooperation and if you have additional questions, you may contact Mark Lesser at 404-562-4731.

Sincerely yours, original signed by C .Hosey for Douglas M. Collins, Director  !

Division of Nuclear Material Safety cc: State of Florida ,

i Distribution:

PUBLIC Ril Docket File, DNMS

  • see previous concurrence i 0FFICE lRil:DNMS All:DNMS .

Rll:EIC All: ORA HQ:NMSS SIGNATURE NAME M. Lesser

  • C.Hosey* S. SPARKS
  • C. EVANS
  • J. Hickey
  • DA1E 9/ /99 9/ /99 9/ /99 9/ /99 9/ /99 9/ /99 9/ /99 COPY? YES NO YES NO YES NO YES NO YES NO YES NO YES NO OFFICIAL RECORD COPY DOCUMENT NAME: G:\NMSSil\DNMS\MLIB2\CTI.wpd l

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i Certified Testing 2 Laboratories l

j Thank you for your cooperation and if you have additional questions, you may contact Mark Lesser at 404-562-4731.

Sincerely yours, i

Douglas M. Collins, Director Division of Nuclear Material Safety cc:

State of Florida Distribution: -

PUBLIC Ril Docket File, DNMS l

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l0FFICE RI@S Ril:q S Ril:ElC Rll:0RA HQ: $ $ \

l$1GNATURE j gjlQ ggQ M. Lesser C.hosey S. SPARKS C. EVANS J. Hickey g l 'g lNAME lDATE 9/ ['[/99 9Q'f/99 9/ /99 9/ /99 9/ g7 /99 \9/ /99 9/ /99 l COPY? (TES) NO \YEh NO YES NO YES NO /r YEJ NO YES NO YES NO OFFICIAL RECORD COPY DOCUMENT NAME: G \DNMS\MLIB2\CTI.wpd

Certified Testing Laboratories 2 Thank you for yo r cooperation and if you have additional questions, you may contact Mark Lesser at 4 -562-4731.

Sincerely yours, Douglas M. Collins, Director Division of Nuclear Material Safety cc: State of Florida Distribution:

PUBLIC Ril Docket File, DNMS l

  • see previous concurrence OFFICE Ril:DNMS Ril:DNMS All:EJC lRil:0RA HQ:NMSS SIGNATURE )ggh gl,0 I NAME M. Lesser
  • C.Hosey* S.SPARNE C. EVANS p J. Hickey
  • l DATE 9/ /99 9/ /99 9/ j l f99 9/ jf /99 9/ /99 9/ /99 9/ /99 COPY? YES NO YES NO YES ( NO) YES ( NO ') YES NO YES NO YEP NO OfflCIAL RECORD COPY DOCUMENT NAME: G:\NMSSil\DNMS\MLIB2\CTI.wpd l i

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