ML21152A032

Federal Register Notice: Notification of Interpretation, Request for Comment Industrial Radiographic Operations and Training Published in the Federal Register 6/1/2021

ML21152A032
Person / Time
Issue date:	06/01/2021
From:	NRC/SECY
To:
Trussell, Gregory
Shared Package
ML21144A221	List: ML21152A032
References
86 FR 29173; 6/1/21, NRC-2008-0173, NRC-2017-0022, PRM-34-6
Download: ML21152A032 (4)

Text

29173 Rules and Regulations Federal Register Vol. 86, No. 103 Tuesday, June 1, 2021 This section of the FEDERAL REGISTER do not receive an automatic email reply available documents online in the contains regulatory documents having general confirming receipt, then contact us at ADAMS Public Documents collection at applicability and legal effect, most of which 301-415-1677. https://www.nrc.gov/reading-rm/

are keyed to and codified in the Code of

• Mail comments to: Secretary, U.S. adams.html. To begin the search, select Federal Regulations, which is published under Nuclear Regulatory Commission, Begin Web-based ADAMS Search. For 50 titles pursuant to 44 U.S.C. 1510.

Washington, DC 20555-0001, ATTN: problems with ADAMS, please contact The Code of Federal Regulations is sold by Rulemakings and Adjudications Staff. the NRCs PDR reference staff at 1-800-the Superintendent of Documents.

• Attention: The Public Document 397-4209, 301-415-4737, or by email to Room (PDR), where you may examine pdr.resource@nrc.gov. For the and order copies of public documents, convenience of the reader, instructions NUCLEAR REGULATORY is currently closed. You may submit about obtaining materials referenced in COMMISSION your request to the PDR via email at this document are provided in the PDR.Resource@nrc.gov or call 1-800- Availability of Documents section.

10 CFR Part 34 397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, B. Submitting Comments

[Docket No. PRM-34-6; NRC-2017-0022; NRC-2008-0173] except Federal holidays. Please include Docket IDs NRC-2017-For additional direction on obtaining 0022 and NRC-2008-0173 in your Industrial Radiographic Operations information and submitting comments, comment submission. When preparing and Training see Obtaining Information and and submitting your comments, see Submitting Comments in the Tips for Submitting Effective AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION section of Comments in the Availability of Commission. this document. Documents section.

ACTION: Notification of interpretation, FOR FURTHER INFORMATION CONTACT: The NRC cautions you not to include request for comment. Gregory R. Trussell, Office of Nuclear identifying or contact information that Material Safety and Safeguards, U.S. you do not want to be publicly

SUMMARY

The U.S. Nuclear Regulatory disclosed in your comment submission.

Nuclear Regulatory Commission, Commission (NRC) is issuing a The NRC will post all comment Washington, DC 20555-0001; telephone:

notification of interpretation on submissions at https://

301-415-6244, email: Gregory.Trussell@

industrial radiographic operations at www.regulations.gov as well as enter the nrc.gov.

temporary radiography jobsites and an comment submissions into ADAMS.

Agreement State Compatibility Category SUPPLEMENTARY INFORMATION:

The NRC does not routinely edit change. The interpretation and Table of Contents comment submissions to remove Compatibility Category change are identifying or contact information.

I. Obtaining Information and Submitting effective immediately with a 30-day If you are requesting or aggregating Comments post-promulgation comment period. The A. Obtaining Information comments from other persons for NRC is taking this action to respond to B. Submitting Comments submission to the NRC, then you should a petition for rulemaking from the II. Background inform those persons not to include Organization of Agreement States III. Interpretation identifying or contact information that (OAS). IV. Compatibility of Agreement State they do not want to be publicly Regulations disclosed in their comment submission.

DATES: This interpretation and V. Request for Comment Compatibility Category change is VI. Petition Resolution Your request should state that the NRC effective June 1, 2021. Submit VII. Availability of Documents does not routinely edit comment comments by July 1, 2021. Comments VIII. Congressional Review Act submissions to remove such information received after this date will be IX. Conclusion before making the comment considered if it is practical to do so, but submissions available to the public or I. Obtaining Information and entering the comment into ADAMS.

the Commission is able to ensure Submitting Comments consideration only for comments II. Background received before this date. A. Obtaining Information ADDRESSES: You may submit comments A. Industrial Radiographic Operations Please refer to Docket IDs NRC-2017-by any of the following methods: and Training Rulemaking 0022 and NRC-2008-0173 when

• Federal Rulemaking Website: Go to contacting the NRC about the On May 28, 1997, the NRC issued https://www.regulations.gov and search availability of information for this § 34.41(a) of title 10 of the Code of for Docket ID NRC-2017-0022. Address action. You may obtain publicly- Federal Regulations (10 CFR), Licenses questions about NRC dockets to Dawn available information related to this for Industrial Radiography and Forder; telephone: 301-415-3407; action by any of the following methods: Radiation Safety Requirements for email: Dawn.Forder@nrc.gov. For

• Federal Rulemaking Website: Go to Industrial Radiographic Operations, jbell on DSKJLSW7X2PROD with RULES technical questions contact the https://www.regulations.gov and search commonly called the two-person rule, individual listed in the FOR FURTHER for Docket IDs NRC-2017-0022 and which requires a second qualified INFORMATION CONTACT section of this NRC-2008-0173. individual (radiographer or document.

• NRCs Agencywide Documents radiographers assistant) to be present

• Email comments to: Access and Management System during industrial radiography Rulemaking.Comments@nrc.gov. If you (ADAMS): You may obtain publicly- operations at temporary jobsites. (62 FR VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\01JNR1.SGM 01JNR1

29174 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 28948). In the preamble for the two- The Management Review Board overexposures was lack of radiation person rule, the NRC stated, the recommended that OAS or the State of safety training.

purpose of the second individual is to Texas submit a Petition for Rulemaking The NRC reviewed the petition and provide immediate assistance when (PRM) to the NRC with a request to determined that the issues and concerns required and to prevent unauthorized reevaluate the two-person rule. The raised in the petition merited further entry into the restricted area. (62 FR NRC agreed to hold in abeyance NRC consideration and inclusion in a 28955). The second individual should compatibility findings for future rulemaking (73 FR 27771).

have . . . sufficient radiography and inconsistencies identified during all Because the rulemaking activity did not safety training to allow him/her to take IMPEP reviews related to the issues in raise an immediate safety, charge and secure the radioactive the PRM until the issue is resolved. environmental, or security concern, it material, provide aid where necessary, was rated a medium priority. Resources C. Petition for Rulemaking were applied to this rulemaking in fiscal and prevent access to radiation areas by unauthorized persons. (62 FR 28955). On November 3, 2005, the OAS year 2018.

The NRC has consistently interpreted 10 submitted a PRM requesting the NRC to amend its regulations in 10 CFR III. Interpretation CFR 34.41(a) to require the second qualified individual to directly observe 34.41(a), 34.43(a), and 34.51 related to The NRC has previously interpreted radiographic operations. industrial radiographic operations to: (1) § 34.41(a) to require both the Require that an individual receive a radiographer and the second qualified B. Integrated Materials Performance specific amount of radiation safety individual to maintain direct Evaluation Program Review training before using sources of observation when radiographic The Integrated Materials Performance radiation for industrial radiography; (2) operations are being conducted at a Evaluation Program (IMPEP) is a review clarify the requirements related to the temporary jobsite.5 This interpretation process that evaluates the adequacy and responsibilities of the second individual has been demonstrated, through compatibility of each Agreement State that is required to be present during operating experience, to be unnecessary and NRC radioactive materials program. radiographic operations; and (3) clarify to protect public health and safety. The In June 2001, during an IMPEP review, how many individuals are required to NRC is now reinterpreting that the NRC preliminarily identified that meet visual surveillance requirements requirement.

implementation of the two-person rule during radiographic operations. The The regulation uses the term by the State of Texas Department of petitioner also requested that NUREG- observe rather than directly Health (Texas) was not compatible with 1556, Volume 2, Program-Specific observe, and also requires that the the provisions of 10 CFR 34.41(a).1 Guidance about Industrial Radiography second qualified individual be capable Specifically, the NRC concluded that Licenses, 4 be revised to reflect the of providing immediate assistance to Texass regulations are not compatible proposed amendments. The petitioner prevent unauthorized entry. The NRCs with 10 CFR 34.41(a) because Texas asserted that the NRCs interpretation of interpretation has been that direct does not require the second individual the two-person rule added unnecessary observation is required to ensure the to observe the operations. For cost to the industry because the second second individual can provide example, the second qualified qualified individual is unavailable to immediate assistance. The two-person individual is permitted to perform other perform other job-related duties such as rule is intended to ensure that the job-related duties, such as developing developing radiographic film in a second individual is able . . . to take radiographic film in a nearby darkroom, darkroom. The petitioner requested the charge and secure the radioactive during radiographic operations. In such NRC delete from the two-person rule the material, provide aid where necessary, a case, the second person would not be sentence, [t]he additional qualified and prevent access to radiation areas by deemed available to observe and individual shall observe the operation unauthorized persons. To achieve that provide immediate assistance in the and be capable of providing immediate purpose, the word observe is used to case of an accident or injury. However, assistance to prevent unauthorized ensure that the second individual can the final IMPEP report found that entry. The petitioner posited that in a determine when it is necessary to take Texass performance was satisfactory temporary jobsite situation in which the charge or help the radiographer and based on additional performance crew consists of two qualified prevent unauthorized entry.

information provided by Texas at that radiographers, and the surveillance Therefore, the NRC now interprets time. The final IMPEP report requirement of 10 CFR 34.51 can be met, § 34.41 such that the requirements recommended that the NRC, in that the second individual should be contained in the sentence, [t]he coordination with the Agreement States, considered available to provide additional qualified individual shall reconsider how the rule could be immediate assistance even if the second observe the operation and be capable of implemented. qualified individual is engaged in job- providing immediate assistance to The NRC convened a working group related duties other than observation of prevent unauthorized entry are met if with representatives from the OAS in radiographic operations. The petitioner the second qualified individual is in June 2002.2 The group provided options also argued that one of the primary sufficiently close proximity to the to an NRC Management Review Board.3 factors identified as a root cause of operation and sufficiently aware of the many industrial radiography ongoing activities to be able to provide 1 Integrated Materials Performance Evaluation assistance or take charge when Program Review of Texas Agreement State Program the Two-person Rule (June 18, 2004) (ADAMS necessary and to prevent unauthorized August 27-31, 2001, Final Report, pp. 13-15 Accession No. ML041700450).

(Agencywide Documents Access and Management 4 NUREG-1556, Volume 2, Program-Specific entry. The second individual may System [ADAMS] Accession No. ML013530314) Guidance About Industrial Radiography Licenses, perform other tasks nearby so long as jbell on DSKJLSW7X2PROD with RULES (final IMPEP report). has been revised since the PRM was received. The they are cognizant of the site-specific 2 STP-05-025, Results of the Management Review August 1998 version referenced by the PRM is circumstances when radiographic Boards Consideration of the Working Groups available at ADAMS Accession No. ML010370172.

Report on the Re-evaluation of 10 CFR 34.41(a) operations are in progress. The second The current version, Revision 1, published in Commonly Known as the Two Person Rule. February 2016, is available at ADAMS Accession individual could, for example, use 3 Final Memo to Management Review Board, Re- No. ML16062A091. The PRMs request for revision evaluation of 10 CFR 34.41(a) Commonly Known as continues to be relevant to the current revision. 5 See NUREG-1556, Volume 2.

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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 29175 remote video surveillance to maintain Category A, B, or C and, therefore, do V. Request for Comment awareness of ongoing radiographic not need to be adopted by Agreement The NRC is requesting comments on operations from a nearby darkroom. States for purposes of compatibility. this interpretation and the change from This interpretation does not affect the Compatibility Category NRC program Compatibility Category B to C for the NRCs existing guidance for temporary elements are those program elements surveillance requirements in § 34.41(a).

jobsites that have multiple access that address areas of regulation that The NRC will publish a document in the points. As explained in NUREG-1556, cannot be relinquished to the Federal Register containing an Volume 2, Revision 1, licensees may Agreement States under the Atomic evaluation of the significant comments need two or more individuals present to Energy Act of 1954, as amended, or and any revisions to this interpretation prevent unauthorized entry at provisions of 10 CFR. These program made as a result of the comments and temporary jobsites at facilities with elements should not be adopted by the their evaluation.

multiple levels and multiple access points, or where members of the public Agreement States. VI. Petition Resolution are close to the radiographic operations. Adequacy Category H&S program The NRC will evaluate comments elements are program elements that are received on this notification of IV. Compatibility of Agreement State required because of a particular health interpretation to determine if the Regulations and safety role in the regulation of petition issues related to the two-person The NRC is not requiring Agreement agreement material within the State and States to revise their interpretations of rule in PRM-34-6 are resolved. This should be adopted in a manner that notification of interpretation makes

§ 34.41. As such, and as described embodies the essential objectives of the below, the NRC hereby changes the § 34.41(a) consistent with the NRC program. requirement of § 34.51 that at least one compatibility category of § 34.41 from B to C. The NRC is changing the of the two individuals present at a Under the Agreement State Program compatibility category designation for temporary jobsite maintain direct Policy Statement approved by the § 34.41(a) from B to C. Instead of observation of the operation.

Commission on October 2, 2017, and requiring Agreement States to adopt this In addition, the NRC has reviewed the published in the Federal Register on regulation in an essentially identical petition regarding training requirements October 18, 2017 (82 FR 48535), NRC manner, they would now be able to and has concluded, based on associated program elements (including implement regulations that are more operational experience since 1997, that regulations) are placed into restrictive than the NRC requirements, current requirements in § 34.43(c) are compatibility categories A, B, C, D, provided that the essential objective is sufficient to ensure safe radiographic NRC, or adequacy category Health and met, and the State requirements do not operations. Specifically, the second Safety (H&S). jeopardize an orderly pattern of qualified individual is required to Compatibility Category A program regulation of agreement material on a receive equipment training on elements are those program elements nationwide basis. The NRC, with the radiographic devices, sources, that are basic radiation protection benefit of over 20 years of experience associated equipment, radiation survey standards and scientific terms and with Agreement States implementing equipment and the daily inspection definitions that are necessary to differing interpretations of the two- requirements on the equipment. The understand radiation protection person rule, has determined that training requirements in 10 CFR part 34 concepts. An Agreement State should essentially identical implementation is prepare individuals conducting adopt Category A program elements in not necessary to provide an orderly radiographic operations with sufficient an essentially identical manner in order pattern of regulation. Despite knowledge and understanding of the to provide uniformity in the regulation differences in implementation of the regulations and safety requirements and of agreement material on a nationwide two-person rule, the NRC is not aware familiarity with the equipment that they basis. of any cross-jurisdictional boundary will use in the performance of their Compatibility Category B program issues for the National Materials work.

elements are those program elements Program. Therefore, § 34.41(a) is hereby Based on this review, the NRC has that apply to activities that have direct redesignated Compatibility Category C. preliminarily concluded that and significant effects in multiple rulemaking to amend its requirements jurisdictions. An Agreement State The essential objective of § 34.41(a) is for Industrial Radiographic Operations should adopt Category B program to have a second qualified individual and Training is no longer necessary and, elements in an essentially identical maintain awareness of the radiographic therefore, is proposing discontinuing manner. operations, maintain direct the rulemaking activity.

Compatibility Category C program communications with the radiographer, The NRC intends to develop an elements are those program elements and be capable of providing immediate addendum to the current version of that do not meet the criteria of Category assistance to the radiographer or taking NUREG-1556, Volume 2, Revision 1, A or B, but contain the essential charge when necessary, and to prevent Program-Specific Guidance About objectives that an Agreement State unauthorized entry into a restricted Industrial Radiography Licenses and to should adopt to avoid conflict, area. To meet the essential objective of revise Inspection Procedure 87121, duplication, gaps, or other conditions Compatibility Category C, the Industrial Radiography Programs to that would jeopardize an orderly pattern Agreement State may either adopt the address the interpretation of the in the regulation of agreement material NRCs position or may continue to surveillance requirements.

on a national basis. An Agreement State require direct observation of VII. Availability of Documents jbell on DSKJLSW7X2PROD with RULES should adopt the essential objectives of radiographic operations by the second the Category C program elements. qualified individual at temporary The documents identified in the Compatibility Category D program jobsites. Agreement States may also following table are available to elements are those program elements adopt other more restrictive interested persons through one or more that do not meet any of the criteria of requirements. of the following methods, as indicated.

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29176 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations Adams acces-sion No. or Document Date Federal Reg-ister citation Tips for Submitting Effective Comments ..................................................................................................... January 16, 2020 ...... ML20014E720 Petition from OAS PRM-34-6 .................................................................................................................... November 3, 2005 ..... ML053190112 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic May 28, 1997 ............ 62 FR 28948 Operations, commonly known as the Two-Person Rule.

Final Memo to MRB re: Re-evaluation of 10 CFR 34.41(a), commonly known as the Two-Person June 18, 2004 ........... ML041700450 Rule, group report to MRB.

Organization of Agreement States, Inc., Consideration of Petition in Rulemaking Process ...................... May 14, 2008 ............ 73 FR 27771 NUREG-1556, Volume 2, Program-Specific Guidance about Industrial Radiography Licenses ............ August 1998 .............. ML010370172 NUREG-1556, Volume 2, Revision 1, Program-Specific Guidance about Industrial Radiography Li- February 2016 ........... ML16062A091 censes.

Inspection Procedure 87121, Industrial Radiography Programs ............................................................. September 5, 2014 ... ML14239A234 VIII. Congressional Review Act DEPARTMENT OF TRANSPORTATION Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, This notification of interpretation is a Federal Aviation Administration Fort Worth, TX 76177. For information rule as defined in the Congressional on the availability of this material at the Review Act (5 U.S.C. 801-808). 14 CFR Part 39 FAA, call 817-222-5110. It is also However, the Office of Management and available in the AD docket on the Budget has not found it to be a major [Docket No. FAA-2021-0145; Project Identifier MCAI-2020-01212-R; Amendment internet at https://www.regulations.gov rule as defined in the Congressional 39-21558; AD 2021-10-25] by searching for and locating Docket No.

Review Act. FAA-2021-0145.

RIN 2120-AA64 IX. Conclusion Examining the AD Docket Airworthiness Directives; Airbus You may examine the AD docket on The requirement of § 34.41(a) is met if Helicopters the internet at https://

the additional qualified individual is in www.regulations.gov by searching for sufficiently close proximity to the AGENCY: Federal Aviation and locating Docket No. FAA-2021-operation and sufficiently aware of the Administration (FAA), DOT. 0145; or in person at Docket Operations ongoing activities to be able to provide ACTION: Final rule. between 9 a.m. and 5 p.m., Monday assistance or take charge when through Friday, except Federal holidays.

necessary and to prevent unauthorized

SUMMARY

The FAA is adopting a new The AD docket contains this final rule, entry. In addition, the compatibility airworthiness directive (AD) for certain any comments received, and other category for § 34.41(a) is changed to Airbus Helicopters Model EC130B4 and information. The address for Docket Category C. This notification of EC130T2 helicopters. This AD was Operations is U.S. Department of interpretation addresses the issues prompted by a report of cracks and Transportation, Docket Operations, M-identified in PRM-34-6 regarding the geometrical non-conformities of the tail 30, West Building Ground Floor, Room two-person rule. Therefore, the NRC has rotor blades (TRBs); all cracks initiated W12-140, 1200 New Jersey Avenue SE, preliminarily concluded that in the drain hole area at the blade root Washington, DC 20590.

rulemaking is no longer necessary and section. This AD requires cleaning FOR FURTHER INFORMATION CONTACT: Hal affected parts, visual and dye penetrant is proposing discontinuing the Jensen, Aerospace Engineer, Operational inspections for cracks of affected parts, rulemaking activity initiated in response Safety Branch, FAA, 950 LEnfant Plaza a dimensional inspection to verify to PRM-34-6. SW, Washington, DC 20024; phone:

conformity of affected parts, and In addition, the NRC has concluded 202-267-9167; email: hal.jensen@

corrective actions if necessary, as that the training requirements for the faa.gov.

specified in a European Union Aviation second qualified individual in § 34.43(c) Safety Agency (EASA) AD, which is SUPPLEMENTARY INFORMATION:

are sufficient to ensure safe radiographic incorporated by reference. The FAA is Background operations. The NRCs review of issuing this AD to address the unsafe operational experience since 1997 condition on these products. The EASA, which is the Technical shows that the NRCs training Agent for the Member States of the DATES: This AD is effective July 6, 2021. European Union, has issued EASA AD requirements for the second qualified The Director of the Federal Register 2020-0187, dated August 21, 2020 individual, either a radiographers approved the incorporation by reference (EASA AD 2020-0187) (also referred to assistant or radiographer, are adequate of a certain publication listed in this AD as the Mandatory Continuing to protect public health and safety. as of July 6, 2021. Airworthiness Information, or the Therefore, the NRC proposes denying ADDRESSES: For material incorporated MCAI), to correct an unsafe condition PRM-34-6. by reference (IBR) in this AD, contact for all Airbus Helicopters Model Dated at Rockville, Maryland, this 26th day the EASA, Konrad-Adenauer-Ufer 3, EC130B4 and EC130T2 helicopters.

of May 2021. 50668 Cologne, Germany; phone: +49 The FAA issued a notice of proposed jbell on DSKJLSW7X2PROD with RULES For the Nuclear Regulatory Commission. 221 8999 000; email: ADs@ rulemaking (NPRM) to amend 14 CFR easa.europa.eu; internet: part 39 by adding an AD that would Wesley W. Held, www.easa.europa.eu. You may find this apply to certain Airbus Helicopters Acting Secretary of the Commission. material on the EASA website at https:// Model EC130B4 and EC130T2

[FR Doc. 2021-11436 Filed 5-28-21; 8:45 am] ad.easa.europa.eu. You may view this helicopters. The NPRM published in the BILLING CODE 7590-01-P material at the FAA, Office of the Federal Register on March 15, 2021 (86 VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\01JNR1.SGM 01JNR1