ML20236M005

Informs That Commission Has Approved Final Rule 10CFR34, Licenses for Industrial Radiography & Safety Requirements for Industrial Radiographic Operations as Set in SECY-96-152 & Recommends Fr Publication After Changes Made

ML20236M005
Person / Time
Issue date:	05/09/1997
From:	Trottier C NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20236J269	List: ML20236J266 ML20236J326 ML20236J343 ML20236K772 ML20236K795 ML20236K807 ML20236K831 ML20236K851 ML20236K871 ML20236K878 ML20236K889 ML20236L567 ML20236L576 ML20236L593 ML20236L685 ML20236L699 ML20236M005 ML20236N976 ML20236P130
References
FRN-62FR28948, RULE-PR-150, RULE-PR-30, RULE-PR-34, RULE-PR-71 AE07-2-023, AE7-2-23, SECY-96-152-C, NUDOCS 9807130263
Download: ML20236M005 (83)

Text

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' May 9, 1997 Af 07- E c MEMORANDUM TO: David L. Meyer, Chief fDQ.

Rules Review and Directives Branch Division of Freedom of Information and Publications Services il Office of Administration FROM

Cheryl A. Trottier, Acting Chief 0riginal Signed By:

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

SUBJECT:

FINAL RULE REVISING 10 CFR PART 34: LICENSES FOR INDUSTRIAL RADIOGRAPHY AND SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS ,

By memorandum dated October 11,1996, the Secretary of the Commission indicated that the Commission has approved the final rule on safety requirements for industrial radiography as set out in SECY-96-152, and recommended that the final rule should be publlched in the Federal Reaister after making certain specified changes to the Enforcement Policy as it applies to Industrial Radiog aphy. A marked-up copy of the Commission-requested changes to the Policy Statement is attached.

Please implement the Commission's action by arranging for publication of the attached final rule in the Federal Recister. OMB approval for the final rule was approved on April 30,1997.

1 Copies of the Federal Register Notice and Enforcement Policy Statement are attached in both l hard copies and diskettes. Also attached is a Congressional letter package for transmittal to OCA and copies of the public announcement for tra'nsmittal to OPA.

In addition, copies of the environmental assessment and copies of the regulatory analysis are  !

attached for transmittal to the PDR.

Attachments:

1. FR Notice + 3 Copies & Diskette

2. Policy Statement Modification + 2 Copies & Diskette

3. Marked-up Copy of Policy Statement with SRM

4. Congressional Review Letters i

5. Congressional Letter Package

6. Public Announcement + 2 Copies

7. Environmental Assessment

8. Regulatory Analysis + 3 Copies Distribution:

C. Trottier R/F RES Files l DOCUMENT NAME: g:\nellis\transmem.p34 *See previous concurrence i 10 rarPive e r@v Of th14 dnruisient inderate in the boa *C" e r@v anthout ef f ortvwmt /enrinwp T e c@v eth attarhnrnt / encl 0%ure Y a DH r@v 0FFICE: DRA/RPHEB DRA/RPHEB -

NAME: DONellis:nb*i CTrottierI DATE: 5/02/97 5/ 0'l/97 l

OFFICIAL RECORD COPY RES FILE COPY NO.:

I 9907130263 990811 PDR PR 30 62FR28948 PDR 0p6 t "i b u / /3 0 & ez.$

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, j 't j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055H001 4

9 . . . . . ,o MEMORANDUM TO: David L Meyer, Chief Rules Review & Directives Branch and Publication Services Office of Administration FROM: Cheryll A. Trottier, Acting Chief Radiation Protection and Health Effects Branch Division of Regulatory Applications Office of Nuclear Regulatory Research

SUBJECT:

Final Rule Revising 10 CFR Part 34:- Licenses for industrial Radiography and Safety Requirements for Industrial Radiographic Operations By memorandum dated October 11,1966, the Secretary of the Commission indicated that the Commission has approved the final rule on safety requirements for industrial radiography as set out in SECY-96-152, and recommended that the final rujle should be published in the Federal

.Reaister after making cedain specified changes to the Enforcement Policy as it applies to industrial Radiography. A marked-up copy of the Commission-requested changes to the Policy Statement is attached.

Please implement the Commission's action by arranging for publication of the attached final rule in the Federal Reaister.

Copies of the Federal Register Notice and Enforcement Policy Statement are attached in both hard copies and diskettes. Also attached is a Congressional letter package for transmittal to OCA and copies of the public announcement for transmittal to OPA.

In addition, copies of the environmental assessment and copies of the regulatory analysis are attached for transmittal to the PDR.

Attachments:

1. FR Notice + 3 Copies & Diskette

2. Policy Statement Modification + 2 Copies & Discette

3. Marked-up Copy of Policy Statement

4. Congressional Review Letters ,

5. Congressional Letter Package

6. Public Announcement + 2 Copies

7. Environmental Assessment

8. Regulatsry Analysis + 3 Copies 9

,, 2-l DOCKET NLMBER AE01 PDA

. 00CKETED l PROPOSED RULE _$ MfI@ UStlRp0-01-P (59Ff' 909)

W iMY 21 A10:37

, NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 34, 71 and 150 0FFICE OF SECRETARY I

DOCKETlHG & SERVICE RIN 3150-AE07 ERANCH Licenses for Industrial Radiography and

! Radiation Safety Requirements for Industrial Radiographic Operations l

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AGENCY: Nuclear Regulatory Commission. i l ACTION: Final rule.

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SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations

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governing industrial radiography. This final rule updates radiation safety requirements in order to enhance the level of protection of radiographer and

.the public. By a separate action published today in the Federal Register, the Commission has issued a modification to the Enforcement Policy that reflects these amendments to 10 CFR Part 34.

EFFECTIVE DATE: (30 day after pdlicatica ir. the Feder:,1 ",egi5ter)--

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'FOR FURTHER INFORMATION CONTACT: Dr. Donald O. Nellis or Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 20555; Telephone: (301) 415-6257 or 415-6230.

Of Pul. n s/n/91 s,1 s t y at 6me mn a maremxs, nB u i, &

_. 011 th00 ,

SUPPLEMENTARY INFORMATION: <

I. Back ound, St. 0:n (S . git W II. Final Rule Provisions and Response to Public ' Comments on the Proposed P 10

.Rui.e!!(j-hg

'III. Conforming Rule Changes.

IV. Agreement State Compatibility.

V. Implementation.

VI. Finding of. No-Significant Environmental Impact: Availability.

VII. Paperwork Reduction Act Statement.

VIII. Regulatory Analysis.

-IX. Regulatory F_lexibility Analysis.

X. Backfit' Analysis.

I. Background Part 34 of Title 10 of the Code of Federal Regulations was first-published in 1965 (30 FR 8185; June 26, 1965) during the recodification of existing 10 CFR Parts 30 and 31. Part 34 eshblished a new part devoted specifically to-regulating the safe use of sealed sources of byproduct

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material-in industrial radiography. Numerous modifications made by a number of Agreement States to corresponding regulations led to a decision, in 1991, to develop an overall revision to 10 CFR Part 34. Subsequently, the NRC l published a proposed rule on February 28,~1994 (59 FR 9429), that incorporated a number of recommendations made-at meetings with the Agreement States and industry in 1991 and 1992. The NRC also reviewed the radiography regulations from Texas, Louisiana, Canada, and the " Suggested State Regulations for 2.

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Control ~of Radiation," developed by the Conference of Radiation Control Program Directors-(CRCPD), Inc., in developing the proposed regulation.

The proposed rule also addressed the potential resolution of a petition i

from the International Union of Operating Engineers (IU0E), Local No. 2, requesting an amendment to the radiography regulations to require the presence of a minimum of two radiographic personnel when. performing industrial radiography at temporary jobsites (PRM-34-4). Based on comments received on this petition (35 out of 38 comments) in favor of a two person requirement, the proposed revision to 10 CFR Part 34 included a provision for at least two qualified individuals to be present anytime radiographic operations are

, undertaken outside a permanent installation.

l l The other major provisions of the proposed rule were to: (1) require l~

l mandatory certification of radiographer, (2) specify the qualifications and duties for a radiation safety officer, (3) include additional training requirements for radiographer' assistants, and (4) clarify the definition of i a permanent radiographic installation. The proposed rule also revised the  !

l format of 10 CFR Part 34 to place requirements into categories that more l accurately describe the requirements found in the rule. I II. Response to Public Comments on the Proposed Rule l

and Final Rule Provisions The comment' period on the proposed rule closed May 31, 1994, but the NRC i

i continued to receive comments while developing the final rule. By mid-

' December 1994,- a total of 58 public comment letters were received on the proposed rule. Many commenters expressed opinions and recommendations on

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F several. sections of the proposed rule while others commented on only a single section. In developing a final rule, the NRC held a workshop in Houston, Texas, on December 13-15, 1994, to discuss the resolution of public comments received up to that date on the proposed rule. In addition, the NRC discussed its views and sought comments on several of the key provisions of the proposed rule at an industry workshop held in Las Vegas, Nevada, on March 20, 1995, and the April 1995 workshop for Agreement State program managers. The transcripts 1

of these meetings, which are available for inspection and copying in the NRC i

.Public Document Room, 2120 L Street NW. (Lower Level), Washington DC, were reviewed in developing the final rule. Following these workshops, an additional 31 comment letters were received, bringing the total to 89 public comment letters. l This final rule includes a partial granting of the petition, PRM-34-4, in 1 l

that it requires, at a minimum, a two-person crew whenever radiographic operations are being conducted outside of a permanent radiographic

. installation. The NRC has decided not to adopt the term " radiographer trainee," (which was one of the options proposed in the petition) but is requiring instead that the second person be another qualified radiographer or l an individual who has met, at a minimum, the requirements for a radiographer's assistant. The NRC recognizes that, in Agreement States, the training of those individuals designated as trainees would meet and generally exceed the NRC's training requirements for a radiographer's assistant. Trainees are required to successfully complete the 40-hour course on the subjects listed in 9 34.43(g), while a radiographer's assistant has to meet only those requirements in 6 34.43(c) and is not required to complete the 40-hour course described.

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The estimated cost of requiring the two-person crew could be significant for licen:ees who currently send only one radiographer to a temporary jobsite.

However, the current regulation requires direct surveillance of the operation to prevent unauthorized entry into a high radiation area. To comply with this regulation, most licensees already must use more than nne qualified individual in many situations.

In summary, the Commission believes that by requiring at least two qualified individuals to always be present when radiographic operations are being conducted, there will be a significant increase in assurance that operational safety measures and emergency procedures will be effectively implemented. The expectation is that violations involving failures to perform adequate radiation surveys of radiographic exposure devices and the surrounding area, failures to adequately post and monitor the restricted area, and failures to lock and secure the camera when not in use will become less frequent. Louisiana and Texas adopted two-person crews several years ago and report a significant reduction in incidents and exposures. Many of the other Agreement States have since adopted the requirement because of the implicit safety benefit implied in having two persons available to cope with emergency situations. Furthermore, if an incapacitating injury to a radiographer should occur at a remote location, the presence of a second individual could be an important factor in preventing unnecessary radiation exposures. The Commission is amending the Enforcement Policy as a result of this final rulemaking to provide, as an example of a Severity Level III violation, the conduct of radiography operations without the required second radiographer or i individual with, at least, the qualifications of a radiographer's assistant as provided in G 34.41.

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The remaining issues addressed in the comments received on the proposed rule and the NRC responses to those comments are discussed under the applicable CFR section.

Section 34.1: Purpose and Scope.

This section of the final rule is basically unchanged from the existing regulation, with the exception of minor clarifying changes. Other NRC regulations, such as, Parts 19, 20, 21, 30, 71,150,170, and 171, that apply to radiography licensees are now referenced by number in this section, and

" radiography" is changed to " industrial radiography" to distinguish it from medical uses. No comments were received on this section.

Section 34.3: Definitions.

This section provides definitions for terms used in this part. The proposed rule included a number of new definitions, as well as proposed revisions to a number of existing definitions.

The proposed rule contained definitions for the following new terms not previously addressed in 10 CFR Part 34: ALARA, Annual safety review, Associated equipment, Becquerel, Certifying entity, Collimator, Control tube, Exposure head, Field examination, Field station, Gray, Independent certifying organization, Projection sheath, Radiation safety officer, Radiographer certification, Radiographic operations, S-tube, Shielded position, Sievert, Source assembly, and Temporary jobsite.

The term ALARA (as low as is reasonably achievable) was addad to describe a key element cf the revised standards for protection against radiation in 10 CFR Part 20. The terms Becquerel, J ay, and Sievert were added to define 6

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the metric units used in all new or revised regulations. The term Annual safety review was added to clarify what was meant by the term periodic training used previously in 6 34.11. The terms Certifying entity, Independent I

certifying organization, and Radiographer certification were added to describe terms astociated with the proposed requirements for verification of radiographer training. The terms-Collimator and S-tube were added to describe l pieces of equipment that are used in conducting radiographic operations. The terms Field station and Temporary jouite were added to clarify the meaning of these commonly used terms. The term Radiation safety officer was added to define the role of this individual in industrial radiography. The terms Associated equipment, Control tube, Exposure head, Practical examination, Projection sheath, .and Source assembly were added because, while used in the regulation, they were not previously defined.

The proposed rule presented modifications to the definitions of Permanent radiographic installation, Storage area, and Storage container. The definition of Permanent radiographic installation was modified to remove ambiguities in the existing definition concerning what the phrase, " intended for radiography," meant. The definitions of Storage area and Storage container were modified to remove references to transportation. j Comment.

'The six comment letters that addressed this section requested several

! additions, clarifications, and changes to the proposed and existing definitions. One commenter requested adding a section addressing the unique aspects of underwater, offshore platform, and lay-barge radiography. Another commenter requested defining the term " control drive mechanism" because it is l 7

used in the definition of control tube. Clarification of the meaning of the terms " annual safety review," " field examination," and " radiographer's assistant" was requested. One Agreement State (Illinois) requested that the definition of permanent radiographic installation not be changed as proposed, that the definition of radiographer certification be broadened to included authorization by an Agreement State, that the Commission adopt the term radiographer trainee, and the term working position be explained. They further requested that definitions of malfunction, defect, transport, and transport container be added and suggested a number of editorial changes to the definitions to make them similar to definitions in the Suggested State Regulations used by many of the Agreement States.

Response.

In response to public comments, the NRC has added five new definitions to the final rule: Control cable, Control drive mechanism, Lay-barge Some radiography, Offshore platform radiography, and Underwater radiography.

of the definitions in the proposed rule were changed in response to comments.

Annual safety review was changed to Annual refresher safety training to clarify that its purpose is training. Projection sheath was changed to the more commonly used term, Guide tube, and Beam limiter was changed back to its original term, Collimator. The term working position as used in the definition of Exposure head means the location of the equipment during operation. Radiography was changed to Industrial radiography to reduce any confusion with medical uses. Field examination was changed to Practical examination to clarify that it need not occur in the field. In response to a comment raised on % 34.43, Training, a definition for hands-on experience was l

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added to the final rule. The other new definitions in the proposed rule are adopted in the final rule without change.

Definitions for defect and malfunction, which are defined in 10 CFR 1

i Part 21 were not added to 10 CFR Part 34 to avoid the potential for confusion l

I should 10 CFR Part 21 be revised without any subsequent revision to 10 CFR Part 34, and as a result these terms were to be defined differently in Parts 34 and 21. The definition of Radiographer certification already includes individuals certified by certifying entities (i.e., Agreement States) and therefore no change was made to the final rule. No definition was added for transport or transport container, although the Agreement States are free to adopt or use definitions for these terms.

Changing the definition of Radiographer's assistant was discussed at the November 1992 workshop in Dallas, Texas. Some Agreement States use the term

" trainee" to refer to a radiographer's assistant and also require training in the subjects in s 34.43(g). NRC only requires this training for radiographer. Although the NRC is not adopting the term trainee or requiring radiographer' assistants to have the same training a: radiof chers, the Agreement States are not prohibited from using the term in their requirements or from requiring the additional training.

Section 34.5: Interc'. et ati on s .

This section, while not in 10 CFR Part 34 previously, was added to the proposed rule because this is standard regulatory language used to state that only the General Counsel of the NRC has the, authority to provide it.terpretations of the regulations which will be binding on the Commission. i No comments were received on this section.

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Section 34.8: Information collection requirements: OMB approval.

This section was basically unchanged in the proposed rule, except for changing the section numbers to conform to the new format of the proposed rule and to list any new requirements that require OMB approval. No comments were rece*ved on this section.

Section 34.13: Specific license for industrial radioaraohv.

This section (previously G 34.11), provides the basic requirements for submittal of a license application which must be met satisfactorily before NRC will approve the application. A number of changes to this section were proposed, including a reduction in the inspection frequency of job performance for radiographer and assistants, a requirement for submitting procedures for verifying and documenting the certification status of radiographer, a requirement to designate and identify a Radiation Safety Officer (RS0) responsible for the licensee's radiation safety program, provisions for leak testing for depleted uranium leakage on those radiographic exposure devices that use depleted uranium for shielding, and a requirement to provide the location and description of all field statiore and permanent radiographic installations.

The requirement for conducting field inspections of job performance of radiographer and assistants was moved to S 34.43 to more accurately reflect its role in the training program. In addition, a requirement for conducting annual refresher safety training was substituted for the previously used term of periodic training. These changes are described more fully under the discussion of s 34.33.

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The requirement to conduct tests to identify depleted uranium (DU) contamination was added to detect wear through the "S" tube into the DU shielding. Such a condition could cause binding of the control cable in the groove and possibly prevent the radiographer from retracting the source. A new requirement was proposed to identify procedures for conducting leak tests for sealed sources and radiographic exposure devices containing (DU) shielding if the licensee intends to rerform the leak testing.

Comment.

Nine comment letters addressed this section. Six opposed changing'the frequency of required licensee inspections of radiographer and radiographer' assistants from quarterly to annually. They stated that there is great benefit in conducting quarterly inspections and recommended keeping the quarterly requirement. Three commented favorably on the requirement to designate and identify an RSO ( 34.13(g)). One commenter suggested that the RSO should only be responsible for ensuring that a radiation safety program was implemented rather than being the one who must implement it as the proposed rule had suggested.

Response.

Although some commenters suggested that the quarterly inspections of radiographer and radiographer' assistants should be maintained, the

. Commission believes that the increased training required for radiographer' assistants, the requirement for the certification of radiographer, and the appointment of an RSO to oversee training and job performance, will compensate for the reduction in the numbers of inspections performed. However, the Commission agrees with the commenters that the benefits gained by these 11 i

W inspections indicate that a semiannual frequency may be preferable and has modified the final rule to require semiannual inspections. The requirement

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for conducting the field inspections for radiographer and radiographer' assistants has been moved to s 34.43 to more accurately reflect its role in the training program. Additional information concerning the specifics of these inspections is given in 6 34.43(e).

Paragraph (b) specifies that training for industrial radiographer and radiographer' assistants must meet the requirements of f 34.43. The new requirement to establish procedures to verify the certification status of radiographer applies to previously certified radiographer hired by the licensee. However, the licensee will be required to ensure that all radiographer are certified when this requirement becomes effective, (2 years after the final rule is published in the Federal Register). Section 34.13(b)(2) permits licensees to use certified radiographer before the mandatory 2-year implementation date in lieu of describing its initial training program in the subjects outlined in 5 34.43(g).' With the adoption of mandatory certification for industrial radiographer, the final rule has been revised to delete the requirement that licensees include a description of their training program in the radiation safety topics in f 34.43(g) for

' radiographer in their license application.

The final rule specifies that licensees must designate an RSO and potential RSO designees. No change was made in the final rule as requested in the comment described above, because the rule is clear that the RS0's responsibility is to ensure that the radiation safety program is implemented in accordance with NRC regulations and with the licensee's operating and 12

emergency procedures. Further discussion on the qualifications and duties of l

this individual are addressed under s 34.42.

In response to comments on 9 34.27 that testing of radiographic devices for DV contamination should be incorporated in the section on testing of sealed sources for leakage, f 34.13(h) was added. This paragraph requires that DU shielding, in addition to sealed sources, be tested for leakage. In !

response to comments received on 6 34.89 that provisions in the proposed rule r

requiring retention of records at specific locations was overly burdensome, a new 9 34.13(k) was added to require license applicants to identify the locations where all records will be maintained. This provides the licensees with greater flexibility.

Section 34.20: Performance requirements for industrial radicaraohv eauipment.

This section specifies requirements for industrial radiographic equipment performance and use. Only a few changes to this section were presented in the proposed. rule. The proposed changes primarily addressed equipment modifications and labelling requirements. The proposed rule would have prohibited modification of radiographic exposure devices, and associated equipment. The term, source assembly, was added to 5 34.20(c) to make it  ;

clear.that it is one of the pieces of equipment that must meet the requirements of f 34.20. Section 34.20(f) was added in the proposed rule to require labeling of all associated equipment acquired after January 10, 1996,  !

i to~ identify that the components have met the requirements of f 34.20. l l

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Comment.

j Six comment letters addressed this section. Three commenters were concerned that s 34.20(b)(1) specifies that the label required for the device was to be attached by the user when in practice most of the information required is supplied or attached by the supplier.

Two commenters expressed concern that the proposed rule did not seem to allow modifications whether they compromised safety or not, which differed from the existing 6 34.20(b)(3). One commenter requested examples of One

" reasonably. foreseeable abnormal conditions" discussed in 6 34.20(c)(1).

commenter expressed concern over the crushing and kinking tests for the guide tube listed in 6 34.20(c)(5) and stated that the rule implied that each guide tube had to be tested instead of testing a prototype and then using Quality Assurance / Quality Control (QA/QC) procedures in the design of subsequently manufactured guide tubes.

Finally, one commenter was concerned with 6 34.20(f) in the proposed rule that requires labeling of all associated equipment acquired after January 10, 1996. The commenter was concerned that a large amount of associated equipment that meets ANSI N432-1980 and 10 CFR 34.20, and is currently in use is not l abelled. Because compliance can be determined only at the time equipment is manufactured, the commenter was concerned that qualified associated equipment may not be authorized for use. The commenter also raised another concern as to what components would have to be labelled. The commenter stated that control gears, guide tube fittings, or outlet nipples are examples of items that it may not be practical to label. The commenter also pointed out that a properly labelled control assembly may not meet the ANSI requirements if one e

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of its components is replaced by a labelled replacement component from a different manufacturer.

I Response.

l Sections 34.20(a) and (b).

Minor changes were made in each of these paragraphs to clarify what is meant by radiographic equipment. The terms " source assembly" and " sealed source" were added to 6 34.20(a) and (b) because these items are addressed in the ANSI Standard N432-1980.

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l l Section 34.20(b).

l l The Commission recognizes that the manufacturer generally provides much l

l of the information required concerning the equipment initially and generally 1

affixes a label to the device. If a replacement source or source assembly is installed or a licensee's name, telephone number, etc., changes, it is the licensee's responsibility to make appropriate changes to the' label. Although the requirement to have the label attached to the radiographic exposure device by the user has been part of the regulation since 1990 and was not a change l made in the proposed rule, the paragraph has been rewritten in the final rule to state that the licensee shall ensure that the information required is attached, whether the information is added by the licensee or by the manufacturer.

In light of the comments received, paragraph (b)(3) of the proposed rule, which prohibited any modification of exposure devices and associated equipment, has been deleted and the existing (b)(3) modification language is retained.

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Section 34.20(cl.

'In response to a comment requesting an example of a " reasonably foreseeable abnormal condition" one example would be where,the coupling between the source assembly and the control cable cannot be unintentionally disconnected should the guide tube be severed.

Section 34.20(c)(5).

With respect to the comment received relating to this paragraph, stating that the rule implied that each guide tube had to be tested; this is neither true nor practical. It-is the NRC's intent that the tests prescribed involve prototype devices and components; The ANSI Standard N432 covers-criteria for the design of new devices and for qualifying orototvoes to performance standards. This. paragraph, s 34.20(c)(5), is included in the rule because ANSI N432-1980 contains crushing and kinking tests that are specific for the control cable and the control cable sheath-(tube) only. The existing paragraph (c)(5) was intended to apply the crushing tests specified for the controls to the guide tubes, and to apply a kinking resistance test that approximated the forces encountered during use. However, the NRC received a few requests for the use of guide tubes in special applications where the guide tubes could not comply with the crushing test criteria stipulated in the standard. Comments received from the airline industry on the 1990 equipment rule (55 FR 843), indicated that the special guide tubes used in testing aircraft engines would not pass either the kinking test or crushing test specified in the ANSI standard. The NRC's' response, at that time, was to state that persons with special requirements apply for an exemption under s 34.51. However, the Commission has reconsidered its decision, and while 16 l

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concluding that the crushing tests specified in ANSI N432 should be adequate for the majority of guide tubes in use, the NRC also recognizes that the tests specified in ANSI N432 are not sufficient for all cases and that other tests I may provide an equal level of safety and may be more appropriate, provided the i

tests used closely approximate the crushing forces likely to be encountered in normal use. Rather than continue to review case specific exemptions to achieve this, the rule has been modified to specify the use of both crushing i

and kinking tests appropriate to the conditions of use.

Section 34.20(f).

Paragraph 34.20(f) in the proposed rule, which specified that all associated equipment acquired after January 10, 1996, had to be labelled to identify that components met the requirements of f 34.20, is deleted in the final rule. The NRC is currently re-evaluating the applicability of the ANSI Standard N432-1980_for associated equipment. In response to comments raised on the proposed rule and subsequent comments from a number of licensees requesting interpretation of Information Notice 96-20, issued on April 4, 1996, the NRC will consider the need for an amendment to s 34.20. In the interim, NRC inspections will focus on safety issues and incidents relating to associated equipment.

Section 34.21: Limits on levels of radiation for storaae containers and source chanaers.

This section specifies the limits on radiation exposure levels for various equipment associated with industrial radiography. Metric equivalents to values previously cited were added to the proposed rule. Because radiation-17

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exposure instruments currently use units of roentgens to measure radioactivity, the proposed rule specified that measurements taken in roentgens could continue to be recorded in terms of roentgens, provided the limits described in the rule would not be exceeded.

1 i Comment.

One comment was received on this section that indicated & 34.21(b) was confusing as written because the language in the proposed rule stated that 9 34.21 would only apply to storage containers.

1 Response.

NRC agrees and has rewritten 9 34.21'in the final rule to specify the radiation exposure limits for storage containers and source changers and to delete requirements for radiographic exposure devices from this'section.

Because all radiographic equipment in use after January 10, 1996, will be required to meet ANSI N432-1980, the reference to requirements for equipment manufactured before January 10, 1992, is no longer needed and has been deleted from the final rule.

Section 34.23: Lockina of radioarachic exposure devices. storaae containers and source chancers.

This section requires locking of radiographic equipment to protect the public from inadvertent exposure to radiation. The proposed rule included additional requirements for locking radiographic exposure devices before movement and, if there is a keyed-lock, for removing the key at all times, when not under.the direct surveillance of a radiographer or a radiographer's assistant.

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~ Comment.

Twelve comments were received on the new proposed 6 34.23(b), ten opposed the provision and two suggested word changes. Examples were:

1) The requirement to disconnect the control cables from the exposure device before moving from one location to another in the same immediate area involves too much wear and tear on the source assembly connection. This could lead to equipment fatigue.

2) Industrial radiographer work 'under less than friendly situations in deep and muddy ditches and often under stress. They may also work 'in situations where one pipeline is tied into another and many radiographs, all within a short distance of each other, are required. Stress is high on the radiographer under these conditions because people are waiting. Requiring the disconnecting and re-connecting of cables before moving the radiographic exposure device for' successive exposures only a few feet apart would only add to that stress and result in judgment errors which in turn could result in possible overexposure.

3) Because many exposure devices now have, and all will soon be required to.have, an automatic source securing device, requiring that the control cables be removed before moving the device as little as a few feet is unnecessary and adds no additional measure of radiation safety.

4) All of this connecting and disconnecting would drastically increase the introduction of contaminants into the contral tube or guide tube and cause excessive wear and would also increase radiation exposure to the extremities of the radiographer concerned.

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-Response.

The NRC agrees with the 'commenters and has deleted the proposed f 34.23(b) from the final rule and modified the proposed 6 34.23(a). The final rule contains requirements that the source be secured after each exposure [6 34.23(a)]. Paragraph (a) in the final rule requires the radiographic exposure device to.have a lock or a. locked outer container and specifies that it shall be kept locked with the key removed, when not under the direct surveillance of a radiographer or a radiographer's assistant. In addition, 5 34.49(b) requires the licensee to survey the radiographic exposure device and guide tube after each exposure when approaching the device or the guide tube to ensure that the source has been returned to the shielded position. The Commission has determined that this requirement provides for adequate safety without the need for additional requirements to disconnect guide tubes before any movement. The proposed rule included the statement that the source be manually secured in those exposure devices manufactured before January 10, 1992. This statement has been deleted in the final rule because all devices in use after the effective date of this final rule, must meet the requirements of s 34.20 including automatic securing.

20

Section 34.25: Radiation survey instruments.

This section (previously s 34.24) specifies requirements for radiation survey instruments. The proposed rule included a requirement to perform an operability check before use. The proposed rule also reduced the frequency of l survey meter calibrations from quarterly to semiannually and provided specific i calibration protocols for linear, logarithmic, and digital scale instruments, including an accuracy requirement of plus or minus 20 percent. These changes were made to reflect current calibration standards and to address the variety of survey meters currently available. In addition, the proposed rule required that records of the instrument calibrations be maintained.

Comment.

Ten comments were received on this section. Three commented on the necessity for performing a daily operability check. One commenter objected to using the projection sheath (guide tube) port of a radiographic exposure device as a suitable radiation field for the operability check, and stated that if the source were not properly locked and shielded within the device, it would be possible for the operator to receive an overexposure if the survey meter being checked for operability were malfunctioning. This commenter suggested that a safer method was to use an appropriate check source for the radiation field. Two commenters suggested that some of the newer instruments could retain their calibration for up to 6 months as required by s 34.25(b)(1), but five felt that a 3-month calibration period should be maintained, citing the rough treatment and hostile environment in which field radiography was performed. One commenter suggested that the calibrations should be made by persons licensed by the NRC or an Agreement State.

21

l Response.

4 The operability check, originally proposed for s 34.25, has been moved to s 34.31 because this section is a more appropriate location for the requirement. As recommended, the suggested method for performing an operability check has been changed to use a check source or other appropriate means. The suggestion that the regulations specify that persons performing calibrations be licensed by the Commission or an Agreement State is not adopted at this time. The Commission does not believe that the suggested requirement is necessary because licensees must submit operating and emergency procedures with their application under s 34.13. Because these would include a licensee's calibration procedures, an adequacy review of the calibration procedures would be conducted prior to granting a license. These procedures are reviewed in detail as part of the licensing process, thus adopting an additional requirement to license individuals performing these calibrations could be an unnecessary burden.

The time interval for calibration under s 34.25(b)(1) was not changed from the 6-month frequency specified in the proposed rule. However, a requirement to conduct inspection and maintenance of these instruments on a quarterly basis has been included in s 34.31. Equipment malfunctions are generally not due to the instrument being out of calibration, but to some other failure. The Commission believes that more frequent calibrations are not needed because significant changes in instrument response should be detected during the daily operability check.

22

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I

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Section 34.27: Leak testina and replacement of sealed sources.

This section (previously s 34.25) stipulates that licensees leak test sealed sources'while in use and radiographic exposure devices that employ DU for shielding. The proposed rule included a requirement that the performance of a source exchange or a leak test must be made by persons authorized by the Commission or an Agreement State. The proposed rule also included a requirement that radiographic exposure devices using DU shielding be tested for contamination at intervals not tc exceed 12 months unless the device was in storage. The presence of DU contamination could be an indication of "S" tube wear that could lead to the binding of the control cable with the resultant inability to retract the source. The proposed rule also specified i

that leaking radiographic exposure devices be disposed of at' a facility licensed to handle low-level waste.

Comment.

Six comments were received on this section. One commenter stated that the additional test requiring a check for DU contamination could probably not discriminate between a leaking source and DV contamination. Two commenters  !

suggested that DU testing not be required for devices in storage. Another i L

l suggested that the DU testing be integrated into the required 6-month leak '

l test for the sealed source. One commenter stated that disposal should not be limited to a facility licensed under 10 CFR Part 61. The last commenter pointed out that DU testing was important since the drive cable travels I through the worn part of the "S" tube, and if the wear is significant, the cable picks up uranium contamination and users' are exposed to this contamination during connecting and disconnecting controls etc., and while the 23 r

contamination level is low, it is poor health physics practice to allow

. individuals to have unprotected contact with contaminated items.

Response.

'The NRC recognizes that the detection of DU contamination does not imply that the wear on the "S" tube is sufficient to remove the exposure device from use. However, it is sufficient to require that a borescope or other suitable inspection be made to establish the degree of wear. Most nondestructive evaluati2n (NDE) firms have the capability to conduct their own inspection.

Firms that do not have this capability could send the device to the manufacturer or to some other inspection service company for the inspection and evaluation.

The NRC has determined that leak testing services are available that can discriminate between DU contamination and sealed source contamination. The NRC has no objection to increasing the frequency for the DU contamination tests so that they.are performed concurrently with the sealed source leak tests. However, the interval between the DU tests must not exceed 12 months, unless the device is in storage, with the provision that it be tested before use or transfer. Section'34.27(e) in the final rule has been modified to reflect this change. The requirement for disposal of a DU contaminated device in a facility licensed under 10 CFR Part 61 has been deleted since 10 CFR 40.13(c)(6) exempts natural or depleted uranium metal used as a shielding constituent in a shipping container, provided it is appropriately labelled and the metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of 1/8 inch (3.2 millimeters).

24

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Section 34.29: Ouarterly inventory.

This section (previously s 34.26) specifies requirements for conducting a quarterly inventory. The proposed rule was essentially unchanged from the existing regulation, with the exception of moving all recordkeeping requirements to s 34.69.

Comment.  !

One commenter requested an editorial change to this section.

Response. .

In response to the comment, the final rule clarifies that an inventory of all devices that utilize DU shielding is also required.

Section 34.31: Inspection and maintenance of radicarachic exposure devices.

transport and storace containers. associated eauipment. source chanaers. and survey instruments. I

.This section (previously G 34.28) addresses requirements for the various types of inspection and maintenance activities that licensees must perform to ensure that equipment is in ~ good operating condition, sources are properly shielded, required labels are present, and components important to safety are

! functioning properly. Records of these inspections and maintenance performed are to be kept for 3 years.

The proposed rule extended inspection and maintenance checks to include associated equipment. Associated equipment includes various items used for specific tasks which may not be supplied with the radiographic exposure device. Experience has shown that defects in associated equipment can have an effect on safety. The term routine maintenance was used in the proposed rule i

25

to clarify that licensees are not required to perform all maintenance. Many A

equipment repairs'may require returning the device to the manufacturer.

requirement to remove defective equipment from service until repaired was also included, and that a record of the defect, as well as the corrective actions taken, must be made.

Comment.

Three comments were received on this section. Commenters indicated that the daily checks should be more than just visual checks and that they should include operability checks to reveal any equipment problems. The commenters indicated that the components should be maintained in accordance with the manufacturer's specifications and that the. recording requirements should' include maintenance performed even if this is performed by another, such as the manufacturer.

Response.

The NRC. agrees that'both visual and operability checks.of equipment should be made daily and has modified paragraph (a) accordingly. The proposed rule would have only required that survey ins +rument operability be evaluated daily with a check source or other appropriate means. By requiring a daily operability check, the likelihood of the. radiographer relying on a defective instrument should be reduced. Although it may be a good practice to maintain the equipment in accordance with the manufacturer's specifications. requiring this in the. final rule is not necessary, provided the licensee has appropriate procedures for conducting routine inspection and maintenance. The final rule will now require the licensee to have written procedures for the inspection and routine maintenance of radiographic equipment.

26

In response to a comment on s 34.35 regarding moving the transportation requirements in 10 CFR Parts 71 and 34 to reduce the confusion to licensees, the QA requirements for maintenance of transport packages have been included in this section. This, together with a minor conforming change to 10 CFR Part 71, will relieve an existing burden on radiography licensees, who will no longer need to separately submit a transport package QA program description for approval. The prescribed written procedures must include procedures necessary to inspect and maintain Type B packaging used to transport radioactive material.

Section 34.33: Permanent radicarachic installations.

This section (previously s 34.29) specifies the safety requirements that must be in place for any permanent radiographic installation. The proposed rule was basically unchanged from the existing regulation except that daily checks would be required for both the visible and audible alarms in place of testing the alarm systems at intervals not to exceed three months. Entrance controls of the type described in s 20.1601(a)(1) would be tested monthly l under the proposed rule, instead of every 3 months.

Finally, the proposed rule would have required that, if an entrance control device or an alarm is operating improperly, it would be labelled as defective and repaired before operations are resumed.

Comment.

Six comments were received on this section. Two of the commenters l

believed that the monthly testing of entrance controls was redundant if there was also a requirement for a daily test. Two others were concerned that no 27 l

provision was made for surveillance of high radiation areas around the roof of those installations where the shielding is insufficient to reduce the radiation below the level of a high radiation area. One commenter expressed a concern that there was no provision for use of the facility should the visual and audible alarms become defective and require some time to repair. Two commenters also suggested that the alarm system be tested with a source rather than by turning on the exposure device.

Response.

The NRC. agrees that the exposure device need not be used to check the alarm system and has changed paragraph (b) in the final rule accordingly. The NRC has added words to help clarify the difference between entrance control devices described in s 20.1601(a)(1) and the alarm systems described in s 34.33(a)(2). Daily testing is required for the audible and visual alarms described in s 34.33(a)(2). Systems whereby the radiation level is automatically'y reduced upon entry (s 34.33(a)(1)) require monthly testing. The final rule has been revised to allow licensees to continue to use the facility if the alarm system is - und to be defective, for a period of up to 7 calendar days, provided the controls needed for a temporary jobsite are in place. The NRC will review any applications where high radiation areas exist outside the permanent installation on a case-by-case basis to ensure that adequate safety controls are in place for these installations.

Section 34.35: Labelina. storaae. and transportation .

This is a new section that specifies requirements for labeling, storage, and transportation of radioactive material used in industrial radiography.

The proposed rule contained requirements to lock and physically secure 28

transport packages and to store licensed material in a manner that minimizes the danger from explosions or fire. The proposed rule also contained a requirement for-a QA program, as described in s 71.105.

1 1

Comment.

Three comments were received on this section. All requested that the applicable Department of Transportation (DOT) regulations, including the QA requirements on packages, be included in 10 CFR Part 34.

' Response.

The NRC agrees that certain requirements in 10 CFR Part 71 relating to a QA program should be relocated in 10 CFR Part 34. The Commission has made a determination that inspection programs for industrial radiography containers meeting the requirements of 9 34.31(b) will satisfy the requirements in s 71.101. While radiography licensees have always had to comply with the QA requirement 'for transport packages in 10 CFR Part 71, there have been numerous cases where they were unaware of this requirement and, therefore, failed to comply. The inclusion of this requirement in 10 CFR Part 34 will reduce the burden on radiography licensees to submit a QA program for NRC approval separately. Much of the same information on inspection and maintenance that was required as part of the license application was similar to that information required for a QA program under 10 CFR Part 71. A revision to s 71.101 has been made to state that the inspection and maintenance programs for radiographic exposure devices, source changers, or packages transporting these devices that meet the provision of s 34.31(b) or equivalent Agreement State regulations, need not be submitted separately as a QA program for l

l Commission approval. This change eliminates the potential for duplicate 1

29

1 submission of information and reduces the monetary burden on radiography l 1

I l

licensees because they will no longer be required to pay the fees associated with the QA program in 10 CFR Part 71. This change, however, does not relieve radiography licensees from complying with the transport requirements in 10 CFR Part 71.

Section 34.41: Conductina industrial radicarachic operations.

This new section specifies certain conditions that must be met before performing radiographic operations in order to ensure that adequate safety measures are in place before conducting radiographic operations. The proposed rule specified that all radiographic operations conducted at locations of use listed on the license must be conducted in a permanent radiographic installation. The NRC has always believed that radiography performed in a fixed facility, meeting the requirements of 5 34.33, would provide a safer environment for workers and the public. If licensees need to perform radiography at their place of business outside of a permanent facility due to some unique circumstances, i.e., item to be radiographer is too large for the facility, Commission authorization would be required. The proposed rule included a requirement for two individuals to be present whenever radiographic operations occur outside of a permanent installation. One of thesc individuals is required to be a fully qualified radiographer and the other individual is required to be a radiographer's assistant meeting the requirements specified in s 34.43(c).

30

i Comment.

More than 50 comments were received on this section, 42 in favor and 11 '

opposed. Those not in favor of adopting the two-person requirement cited the additional cost for the second individual as the major reason. Some suggested modifying the requirement to allow use of less qualified people such as security guards for the second individual. Another suggestion was to allow the RSO to determine when a second individual was required. One comment addressed radiography performed withi.. a factory environment where access could be controlled by one radiographer who could lock access to the site to prevent persons from entering during radiography operations. Those in favor of the requirement cited the increased safety provided by having two individuals present at all times. Several commenters pointed out that the additional cost of this provision would be borne by the users with little I

impact-on the licensees. One commenter was concerned that unless explicitly stated, unqualified individuals could be asked to perform duties that should be performed by qualified individuals, for example, rather than using a 2-person crew comprised of a radiographer and a radiographer's assistant, the customer may propose the use of one of its employees as a method to reduce the nondestructive testing company's fees.

Response

The Commission has decided to adopt the requirement for at least two qualified individuals to be present whenever radiographic operations are performed outside of a permanent radiographic installation. The Commission believes that the safety issues involved mandate the adoption of this requirement, particularly when radiography is performed in high places or in trenches, where problems can most often occur, and where the radiographer 31

I l

alone is not able to control access. It should also be evident that in case of accident or injury, the second person needed at the site must be more than an observer. The person should have sufficient radiography and safety 1

training to allow him/her to take charge and secure the radioactive material, provide aid where necessary, and prevent access to radiation areas by unauthorized persons, whereas an untrained person, such as a security guard or contractor's employee as suggested by one commenter, would be unable to

. perform these functions in a safe manner. The t%t of this section'has been modified to emphasize that the purpose of the second individual is to provide immediate assistance when required and to prevent unauthorized entry into the restricted area.

Section 34.41(d) was added to include a requirement to have approved procedures before conducting specific types of radiographic operations such as lay-barge, underwater', and off-shore platform radiography to make NRC regulations more compatible with Agreement. State requirements.

Section 34.42: Radiation Safet/ Officer for industrial radioaraohv.

This new section identifies the qualifications and duties of the RSO for industrial radiography. Previously, these requirements were referenced in regulatory guides and included as' license conditions on a case-by-case basis, but not spelled out in the regulations. The NRC believes the RSO is the key individual.for oversight of the licensee's radiography program and the person responsible for ensuring safe operation of the program.

The proposed rule specified that to be considered eligible for the RSO position, an individual must have a minunum of 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of documented experience as a qualified radiographer in industrial radiographic operations.

32

l l

l i- Among the responsibilities of the RSO specified in the preposed rule, were the l establishment and oversight of all operating, emergency, and ALARA procedures

i and conduct of the annual review of the radiation protection program required l by- 20.1101(c).

l r

Comment, i

Twenty comment letters were received on this section in the proposed rule. More than half opposed the provision, primarily on the grounds that

( mandatory certification and the required 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of experience in j radiographic operations would cause many well trained persons to be disqualified. Several commenters stated that they used RS0s with broad

! radiation protection experience and academic training for oversight of the radiography and other programs but not for active supervision of radiographic operations. Other commenters stated that NRC should modify its requirement of 2000_ hours documented experience in radiographic operations partly because the

! documented experience could be difficult to verify. One commenter pointed out that there is no existing 40-hour course to prepare someone to be an RS0 for a l

radiography license. This commenter also pointed out that there was a 2-day course available entitled Administrators Seminar that covered the specific regulations pertaining to radiography and how to implement an effective

. program. One Agreement State requested that the experience required for the l RSO be broad enough to encompass X-ray radiography. Another commenter I

l

~ suggested that the NRC should consider modifying its requirements to permit fulfillment of the. qualifications by more than one individual.

33 l

i

Response.

The requirement for 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of documented experience in radiographic

. operations has been' changed to read 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of hands-on experience in industrial radiographic operations as a qualified radiographer, which is essentially 1 year full-time of field experience after reaching the level of a qualified radiographer, and. formal training in the establishment and maintenance of a radiation protection program. What is meant by " hands-on experience" is experience .in all those areas considered to be directly involved in the radiography process. These include taking radiographs, surveying devices and radiation areas, calibration of survey instruments, operational and performance testing of survey instruments and devices, film development,. posting of radiation areas, transportation of radiography equipment and travel to temporary jobsites, posting of records and radiation area surveillance etc. Excessive time spent in only one or a two of these operations (such as film development or radiation area surveillance) should

-not be counted toward the 2000' hours under consideration. Limited experience with radiography utilizing X-rays can be included. However, because there are greater safety concerns. associated with the u:2 of exposure devices utilizing gamma radiation than there is with use of an X-ray device where the radiation field can be shut off, the majority of this experience should be in isotope radiography. The 2000, hours time. period was selected to ensure that the RSO has sufficient radiographic experience to be able to clearly oversee the safety aspects-associated with industrial radiography. Because utilization logs are already kept for 3 years, no additional documentation of a

' radiographer's experience would need to be maintained. This change is based in part on the comments received at the December 1994, workshop held in 34 l

1

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~

l Houston, Texas. A number of licensees attending the workshop maintained that l requiring documentation of 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> would be overly burdensome.

l A provision for the NRC to consider alternatives, based upon the licensee's submittal of the proposed RS0's credentials, has also been added to provide flexibility for licensees that engage in other activities involving ,

i i

l NRC licensed material where the RSO would not likely be a radiographer but l

would be a radiation protection professional. The qualifications, training, i

and experience required of the RSO will vary depending upon the complexity of j l

1 l the licensee's operations and the number of individuals potentially involved. )

i l In response to comments at the December 1994, workshop in Houston, Texas, the . requirement for the RSO to have formal classroom training related to the radiatior$ protection program, has been modified to delete the requirement that

! it be a 40-hour course. The primary requirement is that the training properly l

l addresses the appropriate subjects without regard to specification of the hours. spent. Other minor word changes have been made for clarification. In

i. response to a comment, paragraph (c)(5) has been changed to clarify that the RS0s must have t,he authority to assume control for instituting corrective l actions, including stopping operations when necessary in emergency situations l-

'or unsafe conditions.

1 Section 34.43: Trainina.

This section addresses training requirements for industrial radiographer l

and radiographer' assistants. Section 34.43(a) in the proposed rule was revised to require radiographer to be certified by a certifying entity meeting the criteria specified in Appendix A to 10 CFR Part 34.

35

In addition, the proposed rule incorporated some additional training in (

NRC regulations for radiographer' assistants, required written tests for radiographer' assistants, required annual refresher safety training for radiographer and assistants, and reduced the frequency of inspection of radiographer and assistants from quarterly to annually.

Training subjects previously listed in Appendix A were moved to G 34.43 (g) in the proposed rule. Several additional topics were also included: pictures or models of source assemblies; training in storage, control, and disposal of licensed materials; and other pertinent Federal regulations (i .e. , DOT). The requirement for annual refresher safety training was included in the proposed rule to clarify what was meant by the term s

" periodic training" in the existing regulation. Licensees are expected to address new information since the employee's last training, such as new equipment or revised operating and emergency procedures, and safety issues.

Comment.

Sixty-one comment letters were received on this section, most commenting on the certification provision. Four of the comment letters were directed against 1 34.43(d), which reduced the inspection of the job performance of radiographer and radiographer' assistants to an annual inspection in place of the current quarterly inspections. The remainder of the comments addressed mandatory certification. Forty-three were in favor and 14 opposed to certification. Some of the larger licensees stated that their training prograns were superior to what was being proposed and that adopting this requirement would force them into having to participate in a duplicate program without any corresponding safety benefit. Other commenters were opposed 36 l '

l

because of the cost involved in implementing the program. Also, some licensees believed that they should be granted exemptions because their in-house certification programs were somewhat site specific and specialized and would not qualify their radiographer to compete in the commercial industrial radiography market without further, more generalized training.

Response.

After consideration of the comments received, the Commission has decided to adopt mandatory certification requirements for industrial radiographer to provide a consistent standard by which training of all radiographer can be measured. Individual licensees will have less of a burden in confirming the training status of a newly hired radiographer through a national certification system. While the final rule reduces the burden on licensees by no longer requiring them to submit descriptions of their training programs for the subjects listed in s 34.43(g), licensees still must ensure that newly hired individuals have completed, or are provided, the appropriate training in the subjects listed in s 34.43(g) and a period of on-the-job training. Licensees still must provide instruction in emergency and operating procedures, as well as any specific requirements in their NRC license. The final rule includes additional flexibility, in that, either written or oral tests may be used to test a radiographer's Knowledge of this information but that in either case, the records required by s 34.79 must be maintained as specified.

To be recognized as a certifying entity, an independent organization meeting the criteria specified in Part I of Appendix A will have to apply as specificd in s 34.43(a)(1). A list of certifying entities will be made available to licensees on request by contacting the appropriate regional office listed in Appendix D to 10 CFR Part 20 and will be published annually 37

in the Federal Register. Licensees will have 2 years to implement this certification requirement. During this time, the licensee may allow an individual who has not met the certification requirements to act as a radiographer if the individual has received training in the subjects outlined in paragraph (g) of this section and has successfully completed a written test approved by the NRC.

The Commission recognizes that some of the larger licensees may believe they have a superior program to that currently being offered by the existing certifying organizations. These licensees will still be able to provide training as they currently do. Any additional burden from having their radiographer tested by an independent certifying organization should be minimal.

In response to comments, s 34.43(e) is modified in the final rule to require inspections of radiographer and radiographer' assistants on at least a semiannual basis. With the required certification of radiographer and the additional training required of radiographer' assistants, the Commission believes that reducing these inspections from a quarterly to a semiannual basis is justified. Nothing in the regulations prevents a licensee from conducting these inspections more frequently. Radiographer or radiographer' assistants who have not participated in industrial radiographic operations for more than 6 months will be required to demonstrate their knowledge of the training requirements of f 34.43(b)(3) and s 34.43(c)(3), respectively, by a practical examination before their next participation in radiographic operations. Flexibility has been provided in 9 34.43(e) of the final rule for situations where the RSO also serves as a radiographer. In such cases, 38

licensees must include information in their application as to how they will ensure that the proficiency of the radiographer is maintained.

Section 34.45: Operatino and emeraency orocedures.

This section (previously 6 34.32) identifies the procedures that l

l licensees must develop and submit to the NRC in their application. The proposed rule included only minor changes to this section to assure that all activities (e.g. source recovery) car.~ied out by the licensee involving radioactive material were covered by appropriate procedures. ,

Comment.

Four commenters addressed this section. One commenter was opposed to allowing an organization to retrieve a source unless they had submitted extensive emergency and training procedures to the NRC. Another commenter stated that, although there are basic principles that apply to any source recovery, each specific source recovery exhibits unique characteristic: and/or l

peculiarities and that specifics for source recovery would be better addressed I i

in a separate procedure that is referenced in the regulation. The third commenter requested adding a requirement for inspection, maintenance, and operability checks on survey instruments, clarification of procedures for l identifying and reporting defects and malfunctions under 10 CFR Part 21 and l l 34.101, and recommended that source recovery procedures should include the

~

topics: advance preparations, initial response, retrieval planning guidelines, retrieval operation guidelines, and post-retrieval tasks. The fourth commenter noted that each source recovery is unique so the procedures need to be kept generic and flexible. Comments on another section suggested l

r 39

that the Commission should address procedures for lay-barge, offshore platform, and underwater radiography because licensees may elect to perform these activities.

Response.

Because the Commission believes that licensees should have the flexibility to recover sources, no change has been made in the final rule concerning source recovery procedures. In response to other comments, survey instrume.ts and transport containers have been included in the paragraph requiring inspection, maintenance, and operability checks. With regard to clarification of procedures for identifying and reporting defects and malfunctions, s 34.101 requires notification of the NRC only when a defect or malfunction is observed that corresponds to any of the incidents described under 9 34.101(a). Additional reporting may be required for incidents that meet the definition of a " defect" under 10 CFR Part 21, and do not fall into any of the three categories in G 34.101.

In response to comments made at the December 1994 workshop in Houston, Texas, paragraph (a)(8) was revised to clarify that corrective action is not required if the alarm ratemeter alarms at an expected time, such as when the source is being cranked in or out of the device.

The NRC did not adopt a provision for submitting procedures for lay-barge, offshore platform, or underwater radiography for licensees who intend to perform these activities. Licensees who elect to perform these activities must address the applicable procedures with license submission.

40

Section 34.46: Supervision of radicarachers' assistants.

This section (previously 6 34.44) specifies' requirements for-radiographer' assistants to handle equipment associated with radiographic operations. The proposed rule included no changes to this section.

Comment.

No comments were received on this section. I Section 34.47: Personnel monitorina.

This section (previously 6 34.33) addresses requirements for monitoring radiation exposures to radiographic personnel. The proposed rule specified that pocket dosimeters must have a range of 0-200 millirems, and included a requirement to read pocket dosimeters at the beginning and end of each shift .

to ensure that the dose is correctly estimated. This requirement was included because it is nearly impossible to recharge a pocket dosimeter to zero.

Therefore, licensees must take a reading before and after use and determine the difference. The proposed rule provided criteria for allowing a worker to return to work when a pocket dosimeter is found to be off-scale. Paragraph (a) of the final rule requires workers to wear their dosimeters on the trunk of the body in order to measure whole body dose as defined in 10 CFR 20.1003.

The dose to the extremities (again as defined in 10 CFR 20.1003) is to be measured only with appropriate extremity dosimeters. Paragraph (e) in the i proposed rule specified that a worker must cease work whenever a film badge or a thermoluminescent dosimeter (TLD) is lost until a replacement is provided to ensure that there is an accurate means to determine the worker's dose. The proposed rule included a provision that, after replacement, each film badge 41 y

and TLD must be promptly processed and that alarming ratemeters be capable of alerting the wearer regardless of the environmental conditions.

Comment.

The NRC received twenty-eight comment letters on this section. Several commenters wanted to be able to use additional dosimeters with higher ranges to supplement those specified in s 34.47(a)(1). One commenter asked whether digital dosimeters (electronic personal dosimeters) could be used in place of pocket dosimeters since their range was considerably greater than the range specified for pocket dosimeters and also asked whether they could be used in place of an alarm ratemeter. Two commenters opposed replacing TLDs on a monthly basis because of the additional cost with no discernable increase in safety. A commenter wanted pocket dosimeters to be calibrated every 6 months l in place of the specified 12 months and requested that the acceptable range

,for dosimeter readings be set within plus or minus 20 percent. Nine commenters opposed 5 34.47(g)(3) because it required alarm ratemeters to alert the wearer regardless of environmental conditions. A number of comments were received at the December 1994 workshop in Hou-+.on, Texas relating to proposed requirements for TLD exchanges, alarming ratemeters, and the use of electronic personnel dosimeters. Suggestions were made to lower the preset dose rate specified in the rule below 5 mSv/hr to allow licensees the flexibility of using a lower dose rate if they choose. Other comments indicated that radiographer often rely on alarming ratemeters to alert them that the source i i

has not been retracted into the camera rather than performing a survey to l l

verify that the source is properly stored. Because of this, these commenters believed that the requirement to always wear an alarming ratemeter should be 42 )

L

1 l

l*

removed from the regulations. A number of licensees at the workshop stated l

that it would be extremely difficult and costly to obtain ratemeters that are capable of alerting the wearer in the wide variety of environmental conditions l under which they work. A number of commenters at the workshop did not agree 1

! with lengthening the replacement frequency for TLDs to quarterly on the basis l that frequent checks of workers' doses were needed due to the potential for l

high doses. Several commenters requested flexibili,ty to use electronic personnel dosimeters in place of pocket dosimeters and stated that pocket dosimeters were increasingly difficult to obtain. One commenter recommended continued use of pocket dosimeters rather than electronic personal dosimeters and reported that supplies of pocket-dosimeters were still available.

Resoonse.

The final rule allows replacement of TLDs on a 3-month basis. The

-comments of the Agreement States req'uesting continuation of the monthly i

l frequency were not adopted. The RSO is responsible for ensuring that worker

! doses are maintained ALARA. The purpose for requiring pocket dosimeter l readings to be recorded daily is to ensure that worker doses are m:intained ALARA. The requirement to replace film badges monthly was not changed because film badges are not rugged enough to withstand environmental conditions for 3 months without the film housing developing light leaks or absorbing moisture.

The NRC did not change the final rule to permit use of pocket dosimeters

-with ranges greater than 0-200 millirems. This ensures that emergency-procedures are implemented when doses exceed 200 mrem. Licensees are free to use additional pocket dosimeters with higher ranges for informational l

purposes. The NRC has agreed to change the accuracy requirement for pocket 43 t

dosimeters to 20 percent to more closely match the recommendations in ANSI N322 and ANSI N13.5. The calibration period of pocket dosimeters was not changed because this is the maximum period recommended in ANSI N323.

The requirement that alarming ratemeters be sufficient to alert the wearer regardless of environmental conditions has been dropped from the final rule. Licensees are expected to make a reasonable attempt to select alarming ratemeters that will function properly for the conditions under which they will be used.

Although a number of individuals at the December 1994 workshop in Houston, Texas, believed that the use of alarming ratemeters results in radiographer failing to make the proper surveys, the evidence the Commission has seen demonstrates that overexposure have decreased since this requirement went into effect. Therefore, the NRC continues to believe that the proper use of alarming ratemeters may be an effective means for preventing overexposure.

The NRC has decided not to make any changes in the alarm point requirement.

~The use of a lower limit would likely result in frequent alarms that could have a negative impact because the wearer would be more likely to turn off the ratemeter to avoid an alarm. The purpose of alarming ratemeter is to alert the wearer of an abnormal condition requiring prompt action to reduce the likelihood of an inadvertent overexposure.

Finally, in response to comments from licensees at the Houston, Texas, workshop, the final rule has been revised to allow the use of electronic personnel dosimeters in lieu of pocket dosinieters as a direct reading dosimeter. Those electronic personal dosimeters that also have alarm ratemeter capabilities are not to be used as a substitute for alarm ratemeters at the present time. Individuals acting as a radiographer or radiographer's 44

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ __ _ _ _ _ _ ___ J

assistant must wear direct reading dosimeters, an operating alarm ratemeter, and either a film badge or a TLD during radiographic operations.

Section 34.49: Radiation surveys.

l This section (previously 6 34.43) addresses requirements for surveys that must be made during and after radiographic operations to ensure that the radioactive source is safely secured when radiographic operations are not being performed and that public dose limits in 10 CFR Part 20 are met. The proposed rule included a number of revisions to this section. The first of l

these was to replace the 3608 survey of the exposure device with a requirement -j.

to conduct a survey when approaching the exposure device and the guide tube i prior to exchanging film, repositioning the collimator, or dismantling equipment. The proposed rule also required conducting an adequate survey any

time the source is exchanged and whenever a radiographic exposure device is

! placed in storage.

Comment. 1 Eight comment letters were received on this section. One commenter noted i

that a number of NRC licensees have been fined in the past for failing to do the 360* survey of the radiographic exposure device and the guide tube exactly i as designated and now the NRC is deleting the requirement. One commenter l

l pointed out that it is unnecessary to survey the storage area at the time of quarterly inventory because there is already a requirement for surveying whenever storage conditi'ons change, i.e., whenever radioactive material is added to or removed from the storage area. The last commenter noted that f 34.49(f) would require the maintenance of records per E 34.85, which in turn 45 l

states that survey records to be maintained are those of the last survey l

performed in the work day as specified in s 34.49(d). The commenter was

(

concerned that records would be interpreted as measurements of all of the 12 to 18 measurements specified in s 34.21, and suggested a single measurement made at the outlet port of the radiography device each day would provide an i

adequate record and also any significant change in the reading obtained at this position would be ar indication that the source was not in its fully shielded position.

Response.

In response to these comments and additional comments from the workshop in Houston, Texas, the final rule has been changed to clarify that the intent of the requirements in Ss 34.49(b) and (c) is to conduct a survey to ensure that the source is in the shielded position. This can be accomplished by surveying the radiographic exposure device and comparing the reading obtained to the reading expected when the source is known to be in the device.

The requirement in the proposed rule to survey the storage area initially and at the time of the quarterly inventory has been removed. Because S 34.49(c) requires a survey whenever a radiographic exposure device is placed in storage, and 5 20.1302 already requires licensees to demonstrate compliance with the public dose limits, licensees are expected to establish a program to ensure that storage areas meet these requirements. Section 34.49(d) requires that a record of the last survey be maintained for each device prior to placing the device in storage for the day.

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Section 34.51: Surveillance.

This section (previously 6 34.41) specifies requirements for radiographer to maintain surveillance of a high radiation area during industrial radiographic operations to protect against unauthorized entry. The proposed rule was basically unchanged from the existing rule except the requirement specified " continuous" direct surveillance. References to 10 CFR Part 20 were updated to reflect the changes made to E 34.33, Permanent Radiographic Installations. In respc..se to comments at the December 1994, 5 workshop in Houston, Texas, the final rule has been amended to clarify that, for radiographic operations that employ 2-person crews, surveillance may be performed by the radiographer's assistant.

Comment.

No comments were received on this section.

Section 34.53: Postino.

This section addresses requirements for identifying areas where radioactive material is being used to comply with radiation protection requirements discussed in 10 CFR Part 20. The proposed rule made only minor changes to this section.

Comment.

One comment letter was received on this section. The commenter suggested that areas where radiography was being performed should be posted with signs bearing the words " KEEP OUT" because the usual " CAUTION" and " DANGER" signs are inadequate at temporary job sites. The commenter also suggested that the 47

rope or tape used to post restricted areas for radiography be colored magenta and yellow. The commentor believed that it was important to clarify that "Very High Radiation Areas" need not be posted during industrial radiography because radiographic operations may create areas which meet the posting 4 requirements of f 20.1903(c).

Response.

No change was made to the final rule to exempt posting of very high radiatio!. areas. Most industrial radiography programs are limited to the use of sources that do not create very high radiation areas as defined in 6 20.1003. For licensees who intend to use radiation devices capable of creating very high radiation areas, considerations of posting and restricting these areas will be dealt with on a case-by-case basis during the licensing process.

Suboart E-Recordkeepina Requirements.

This new subpart places all recordkeeping and notification requirements for 10 CFR Part 34 in one location.

Section 34.61: Records of specific licenses for industrial radicaraohv.

This new section in the proposed rule requires licensees to maintain a copy of their licenses until their licenses are terminated by the Commission.

Comment.

No comments were received on this section.

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4 Section 34.63: Records of receipt and transfer of sealed sources.

This new section in the proposed rule requires licensees to maintain  ;

l records of receipt and disposition of radioactive sources used under their license. The requirement includes any devices containing shielding material using DU. In the case of such devices, the mass of DU designated by the manufacturer would be included in place of the activity.

Comment.

Only minor editorial comments were received on this section.

Section 34.65: Records of radiation survey instruments.

This new section of the proposed rule contains the recordkeeping requirements for radiation instruments required under s 34.25. The i

recordkeeping requirements were previously included in existing s 34.24. This section would require licensees to maintain calibration records for radiation survey instruments for 3 years after the record is made.

Comment.

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One comment letter was received on this section. The commenter requested that the operability check required under s 34.25 be included in the records maintained under this section.

l' l Response The financial burden involved in recording daily operability checks under this section is felt to be prohibitive. Section 34.73 has been modified in the- final rule to only require records of any problems encountered during operability checks.

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Section 34.67: Records of leak testina and replacement of sealed sources.

This new section contains recordkeeping requirements previously included in s 34.25(c)- and requires licensees to maintain records of leak tests for 3 years after the record is made.

Comment.

No comments were received on this section.

Section 34.69: Records of auarterly inventory.

This new section contains recordkeeping requirements previously contained in s 34.26 and requires licensees to maintain records of quarterly inventories for 3 years after the record is made. The proposed rule required some additional information be kept, such as model number, serial number, and manufacturer of the sealed source.

Comment.

One comment letter was received stating that the record should include all licensed devices whether or not they cont;'.n a sealed source at the time of inventory.

Response.

Section 34.29 was revised in the final rule to include devices containing depleted uranium.

Section 34.71: Utilization loos.

This new section contains recordkeeping requirements previously included

~in s 34.27. The proposed rule would have required additional pieces of 50

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e information including the serial number of the device in which the sealed source is located, the radiographer's signature, and the dates the device is removed from and returned to storage. This information is needed to assist in verifying the location of sources.

Comment.

Three comment letters were received on this section. One commenter pointed out that the RS0 ma'y control the utilization log at the main office and, because.the device could be at a field station many miles from the main office, signatures of the radiographer on the utilization log was not practical. The second commenter stated that the utilization log should include all devices removed from storage, not only those containing a sealed source at the time of removal. The third commenter requested removal of the i l

requirement to include the radiographer's signature.  !

Response.

Licensees at the December 1994 workshop in Houston, Texas, stated that their radiographer were signing the log as required and either mailing or faxing a copy of the document to the RS0 after all signatures for' the day were collected. 'The radiographer's signature is needed to ensure that only a ,

qualified individual has checked out a radiographic exposure device. This provision was retained in the final rule.

An exposure device not containing a sealed source will not be utilized 1

If the radiographer intends to load a within the context intended in 6 34.71.

sealed source into the empty exposure device, then a storage container which l

contains-a sealed source must be checked out as specified in f 34.71(a)(1) and' L

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an entry made ~in the utilization log. This provision was retained in the final rule.

Section 34.73: Records of insoection and maintenance of radicaraphic exposure

' devices. storaae containers. associated eauipment. source chanaers. and survey instruments.

This new section contains recordkeeping requirements previously contained

.in:f 34.28(b). The' proposed rule specified that inspection and maintenance records must be maintained by the licensee for 3 years. Licensees must maintain- records of equipment problems and of any maintenance performed under 9: 34.21 (a) and (b). The records must include information, such as dates of.

checks, name'of inspector,. equipment inspected, any. defects found, and repairs made.

Comment.

Two comment letters were received addressing this section. The first letter requested that the highest radiation level measured at the beginning of each day from devices or source changers. removed from storage should be recorded and_used as a reference to provide a baseline for comparison with.

measurements taken from later surveys to ensure no change in the shielding was occurring. The second letter requested that the' records compiled under s 34.73 should include inspection records of survey instruments, equipment prcSlems, and records of maintenance performed.

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Response.

The first comment was not adopted because sufficient requirements are already in place under 9 34.49 and s 20.1302 to ensure that licensees are in compliance with the public dose limits. Licensees may choose to include l additional information in their records.to assist them in assuring that there are no changes occurring in the shielding integrity. The requests of the second commenter have been incorporated in 5 34.31 in the final rule.

Section 34.79: Records of trainina and certification.

This new section includes recordkeeping requirements previously included in ! 34.31(c). The proposed rule also specified that records verifying radiographer certification and annual safety reviews are to be retained for 3 years after the record is made. For annual safety reviews, the records include copies of tests, dates administered, names of instructors and attendees, and the topics covered. The proposed rule also specified that records of inspections of radiographer and radiographer' assistants must include a list of items checked and any non-compliances observed by the RSO.

Comment.

Two comment letters were received on this section. One requested that the wording be changed to eliminate " copies of written tests" and replace it with " licensee administered written tests." The other requested minor editorial changes.

Response.

The wording has not been changed because in many cases the training and testing may be given by outside consultants or companies that specialize in 53

such training and testing. The term " annual safety review" was changed in the I

final rule to " annual- refresher safety training" to clarify its role in the

. licensees' training program.

Section 34.81: Copies of operatina and emeraency procedures.

This new section includes requirements previously included in s 34.32 and

.would have required licensees to maintain copies of emergency and operating procedures until the Commission-terminates the license.

Comment.

No comments were received on this section.

Section 34.83: -Records of personnel monitorina.

This new section includes recordkeeping requirements previously included in 9 34.33(b) and would have required licensees to maintain records of alarm ratemeter calibrations, pocket dosimeter readings, and operability checks for 3 years:from the date the record was made, and maintain records of film badge or TLD reports until the Commission terminates the license (s).

Comment.

One commenter requested that records of daily operability checks and

. quarterly: inspections of survey instruments should be included ~in this section.

Resoonse.

These records are already required under 6 34.65. Therefore, no change was made to this section.

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Section 34.85: Records pf radiation surveys.

This section (previously 6 34.43(d)) was essentially unchanged in the proposed rule. The proposed rule would require the licensee to maintain records of exposure device surveys conducted before the radiographic exposure device is placed in storage for 3 years from the date the record was made.

Comment.

No comments were received on th;s section.

Section 34.87: Form of records.

This section (previously 6 34.4) of the proposed rule was unchanged from the current regulations. This section of the proposed rule specified how records must be maintained, including storage by electronic media.

Comment.

No comments were received on this section.

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Section 34,89: Location of Documents and records.

This new section addresses requirements for. licensees to maintain certain rv.ords at locations where radiographic operations occur, such as at a permaaent installation, temporary jobsite, or field station, where radioactive material is stored and from which it is dispatched for use at a temporary jobsite. Two sections were included in the proposed rule to ensure that i

licensees have records available at the appropriate locations to maintain safe i operations. The records include a copy of the license, copies of pertinent NRC regulations, utilization records for the devices in use at the temporary j I

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jobsite, records of equipment problems, records of alarm system checks for permanent installations located at a temporary jobsite or field station, personnel monitoring records, operating and emergency procedures, evidence of latest calibrations and operability checks of personnel monitoring devices, latest survey records, and shipping papers.

Comment.

Thiee comment letters addressed this section. One commenter believed that the licensee should have more discretion regarding which records to keep at each particular site, while all three commenters stated that the requirements were confusing and would lead to voluminous record keeping.

Response.

In the final rule, G 34.89 specifies requirements for the minimum set of records to be maintained at field stations and temporary jobsites. This set of records is the minimum needed to ensure that the licensee can conduct radiographic operations safely and to demonstrate that they are in compliance with NRC regulations. The licensee has the discretion to determine the location for all other records required to be kept under 10 CFR Part 34 and other applicable parts of NRC regulations.

Section 34.101: Notifications.

This section of the proposed rule addressed requirements previously in f 34.30,-for licensees to notify the NRC of incidents having safety significance. The proposed rule contained a new requirement to inform the appropriate NRC regional office (generally, where the license was issued) in 56

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writing before using or storing radioactive material in any location for more l than 180 days.

l Comment.

One comment was received requesting clarification between malfunctions that are to be reported under this section and defects that require reporting  !

under 10 CFR Part 21. l Response.

The final rule was changed to acknowledge the reporting requirements in i

10 CFR Parts 21 and 30. However, as noted in the response to s 34.45, s 34.101 requires NRC notification when a defect or malfunction is observed that corresponds to any of the incidents described under that s 34.101(a),

regardless of whether additional reporting is required by other parts of this chapter, such as 10 CFR Parts 21 and 30.

Section 34.111: Applications for exemotions.

This section of the proposed rule addressed exemptions and was basically the same as s 34.51 in the existing 10 CFR Part 34, with the exception of minor wording changes to make it consistent with current language used in other parts of the rule.

Comment.

No comments were received on this section.

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Section 34.121: Violations.

This section in the proposed rule addressed violations and was basically the same as f 34.61 in the current 10 CFR Part 34.

Comment.

No comments were received on this section.

Section 34.123: Criminal penalties.

This section of the proposed rule addressed criminal penalties and was basically the same as s 34.63 in the current 10 CFR Part 34.

Comment.

No comments were received on this section.

Appendix A.

This appendix was new in the proposed rule. The requirements in Apper. dix A in the current 10 CFR Part 34 were relocated to s 34.43(g). Part I of Appendix A in the proposed rule provided +be requirements for an independent certifying organization and only applied to organizations other than the Agreement States. Parts II and III of Appendix A in the proposed rule provided the requirements for certification programs and written examinations for a certifying entity, and included the Agreement States.

The proposed rule specified that to be recognized as an independent ,

certifying organization, the applicant should be a national society or association involved in setting national standards of practice for industrial radiography.

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An acceptable certification program would include training in the subjects listed in s 34.43(g), completion of a written and practical examination, and a minimum period of on-the-job experience.

Comment. I 1

I Four comment letters addressing this section were received. One j l commenter questioned how the technical content of the examination could be at i a ninth-grade reading level and expressed a view that the requirement for a 1

i scientifically analyzed question base in III 4. was vague and should be clarified. Another commenter felt that III.4.,5., and 6. should be deleted and combined into a new section that should specify analysis using. nationally-recognized psychometrics examination methods. Several of the commenters asked why such a large population of questions was required. The G-34 Committee of the Conference of Radiation Control Program Directors (CRCPD) on Industrial Radiography provided numerous comments of a clarifying nature, including that:

An independent certifying organization should be open to nonmembers as well as members; A full-time staff may not be neaded if the program is small; References to applicable 10 CFR Part 34 sections should also include

" applicable Agreement State regulations";

Provisions in 11.4, 6, and 8 (revocation, sanctions, and renewals) be  !

incorporated into one section; Written procedures should be required for all aspects of the program,  !

including safeguards'for ensuring adequate proctoring of examinations.

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Response.

The final rule was changed to clarify that the certification program for any independent organization sho~uld be open to nonmembers as well as members.

The provision in I.5 of the proposed rule that specified a full-time staff has been changed to specify an " adequate staff" to reduce any possible burden on organizations operating a small program. - The organization would still have to demonstrate that the staff was adequate to administer the program.

Section 1.11 was expanded to specify that independent certifying organizations must have procedures for proctoring examinations, including proctor qualifications, which clarify that there are other qualifications beside the proctor not being employed by the same corporation as the examinees.

Sections II. 4, 8, and 9 were removed and replaced with a revised requirement that the certifying entity must have procedures for denying an application, revoking, suspending,-and reinstating a certification, because a number of Agreement States expressed concern at the December 1994 workshop in Houston, Tex 6s, that they would be prohibited from revoking a certificate without providing an opportunity for due process.

In regard to'the questions relating to the scientific analysis of tests and to the number of questions required in the question bank, the NRC consulted experts in the testing field and has revised the final rule to specify that test items must be drawn from a question bank containing psychometrically valid questions. Additional guidance on the creation and analysis of tests will .be provided in Regulatory Guide 10.6.

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4 10 CFR Part 150: Exemptions and continued reaulatory authority in Aareement L States and in offshore' waters under Section 274 l

Section 150.1 0 of the proposed rule was added to clarify that the Commission reserves the authority to establish minimum standards regarding radiographer certification and independent certifying organizations, and to identify acceptable certifying entities.

l Comment.

' i Two comments were_ received regarding this section from Agreement States objecting to the l language that reserves the authority over certification to 1

the NRC. Part of the objection was based on the fact that the first testing

! for radiographer certification began in Texas and that the current state of the national certification program is the result of cooperative development by l a working partnership of Agreement States, the NRC, ASNT, CRCPD, and others.

The commenters believe that the current wording of this section is contrary to the working partnership that led to the current state of certification development. The'commenters also believe that the restriction imposed by this section would prevent current certifying entities'from making improvements in their programs as the process for certifying radiographer continues to l )

L evolve. They also expressed concern that the language could result in automatic noncompliance for many and suggests that the Commission consider grandfathering those entities already operating and established at the -

t effective date of the revision to 10 CFR Part 34.

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Response

The use of- the language in s 150.15b was chosen in the proposed rule because the requirements identified in Appendix A only apply to independent

. certifying organizations and certifying entities. The Commission agrees that certain States may wish to identify an independent certifying organization and has deleted this section from the final rule. The Commission does not intend to retain sole authority for establishing standards for independent certifying organizations or. certifying entities. However, in order to maintain a l

national certification program, whereby radiographer would be able to work in several States without needing to be decertified in each State, uniformity of these programs is essential. Any State choosing to identify an independent certifying organization or choosing to be a certifying entity would be expected to follow criteria compatible with those in Appendix A. NRC wili-continue to ' work cooperatively with the Agreement States .to coordinate activities associated with the implementation of the radiographer certification program.

III. Conforming Rule Changes As a result of the overall revision to 10 CFR Part 34, conforming changes to 10 CFR 30.4 and 10 CFR 150.20 are required. These changes include removal

.of definitions in 10 CFR Part 30 for Radiographer, Radiographer's assistant, Radiography. These definitions are different from those in the final 10 CFR Part 34, and because they are not used in 10 CFR Part 30, they are being

. deleted from this part. Section 150.20 (b) is being revised to include the new subparts that were added to the final 10 CFR Part 34.

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IV. Agreement State Compatibility Sections of the rule will be a matter of compatibility between the NRC l

i l' and the Agreement States, providing consistency between Federal and State safety requirements. Under current NRC procedures, radiographic equipment safety standards, training standards, operational safety standards, and l

technical definitions, are identified as Division 2 matters of compatibility.

The final rule is retaining the existing Division 2 designations for most requirements.

-The definitions and sections that will not be compatibility Division 2 are as follows:

A. The definitions for ALARA, becquerel, gray, sealed source, and sievert are compatibility division 1 in this rule. These definitions,

. however, duplicate definitions contained in other parts of this Chapter. The States will only need to adopt them once.

B. The-definitions for lay-barge radiography, radiographer's assistant, and underwater radiography are considered to be special cases of Division 2.

If a State does not authorize licensees to perform lay-barge, or underwater radiography, or does not permit the use of radiographer's assistants, then it  !

l will.not be required to adopt these definitions.  ;

C. The following sections are compatibility Division 3: 34.1, 34.5, 34.11, 34.111, 34.121, and 34.123.

D. The following. definitions and sections are compatibility Division 4:

The definition of offshore platform radiography in ss 34.3, 34.8, and 34.41(d) as,it relates.to offshore platform radiography. An Agreement State will need to adopt a definition of platform radiography if it authorizes such activity l on inland waters or tidal waters subject to the State's jurisdiction.

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I E. Although Appendix A is designated as compatibility Division 2, the Agreement States are not required to implement a program unless they choose to become a certifying entity and then would only need to adopt Sections II and III of Appendix A. If an Agreement State chooses to identify an independent certifying organization, then it would need to also adopt Section I of Appendix A.

V. Implementation The new requirements become effective 30 days after publication of the final rule in the Federal Reg;:ter, although the Commission intends to have different implementation dates for particular requirements of this final rule.

For use/ storage locations not previously identified on the license (e.g.,

field stations, permanent radiographic installations, and temporary jobsites exceeding 180 days), licensees must request amendments or notify the NRC, as appropriate, within 60 days of the effective date of the rule. Few amendment requests are anticipated.

Licensees will have 1 year from the effective date of the rule to comply with the additional training requirements specified in s 34.43(a) and (b).

Licensees should consider combining this training with the annual refresher safety training.

Licensees will have 1 year from the effective date of the rule to hire and train individuals to meet the requirements of s 34.41(a).

All current RS0s will have two years to implement the additional RSO training requirements specified in 6 34.42(a), and to comply with the mandatory certification requirements in s 34.43(a)(2).

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Licensees will have 2 years from the effective date of the rule to affirm that all radiographer have met the certification requirements of s 34.43(a)(1). This will allow industrial radiography licensees operating in NRC jurisdiction 2 years to obtain certification for their employees who act as radiographer.

Licensees are mquired within 60 days of the effective date of the rule to develop and implement revised procedures needed to implement the final rule. Procedures requiring submittal to the NRC will not need to be submitted until the next license renewal.

Regarding changes to s 71.101, Ouality assurance requirements, providing that 10 CFR Part 34 licensees are no longer required to apply for separate approval of their QA program for transport packages provided they meet the requirements of s 34.31(b), or equivalent Agreement State requirements, those licensees who already have NRC approval of their QA program are deemed to have acceptable procedures. Those licensees without a prior QA program approval must develop these procedures before using applicable transport packages.

Licensees are expected to implement any necessary procedural changes into their programs within 60 days of the effective date of the rule, but will not need to amend their licenses until the next renewal. Expiration dates of any existing QA program approvals will no longer be valid.

VI. Finding of No Significant Environmental Impact: Availability I

The Commission has determined under the National Environmental Policy Act l

of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that the rs le is not a major Federal action significantly affecting 65 I

the quality of the human environment and therefore, an environmental impact statement is not required.

The revision of 10.CFR Part 34 involves some revisions to regulations authorizing the use of sealed sources in tho field of industrial radiography.

In particular, the revisions include: upgrades in the testing of radiographer, qualifications and duties for radiation safety officers, reductions in inspection frequencies for radiographer and assistants, requirements for periodic testing of the shielding integrity of the radiography device and operability checks of radiation survey equipment, and new recordkeeping and labeling requirements. No requirements for significant quantities of materials, water, electricity or other forms of energy have been identified, and no environmental or radiation impacts will-be involved. ,

The environmental' assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room at 2120 L Street, NW. (Lower Level), Washington DC.

Single copies of the environmental assessment and finding of no significant impact are available from Dr. Donald O. Nellis, Radiation Protection and Health Effects Branch, Division of Regulatory Applications, Office of Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555 vr01,

- telephone (301) 415-6257.

1 f VII. Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1996 (44 U.S.C. 3501 et seq.).

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These-requirements were approved by Office of Management and Budget; approval number 3150-0007 .

The public reporting burden for this collection of information is estimated'to average 83 hours9.606481e-4 days <br />0.0231 hours <br />1.372354e-4 weeks <br />3.15815e-5 months <br /> per licensee, including the time for reviewing l instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments on any aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (T-6F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-10202, (3150-0007), Office of Management and Budget, Washington, DC 20503.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OME control number.

VIII. Regulatory Analysis The Commission prepared a regulatory analysis on this final rule. The analysis examines the costs and benefits of the alternatives considered by the Commission. See the discussion in the Regulatory Flexibility Certification l

l concerning the final regulatory analysis. This analysis is available for inspection in the NRC.Public Document Room at 2120 L Street NW. (Lower Level),

l Washington, DC.

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• l IX. Regulatory Flexibility Certification l

As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), the l Commission certifies that this rule does not have a significant adverse economic impact on a substantial number of small entities. The NRC has ,

prepared a final regulatory analysis of the impact of this rule on small entities. A copy of the final regulatory analysis is available for inspection or copying in the NRC Public Document Room, 2120 L Street, NW. (Lower Level)

Washington, DC. The regulation affects about 170 irdustrial radiography licensees, of which most are small entities. The regulatory analysis for the l final rule shows that there will be an average net savings of $18,000 per licensee per year for most licensees. For those licensees who will need to i

. hire additional assistants to meet the two-person requirement, the cost used i

in the regulatory analysis was between $5,000 and $53,000 per year.

i X. Small Business Regulatory Enforcement Fairness Act l 1

In accordance with the Small Business Regulatory Enforcement Fairness Act j of 1996, the NRC has determined that this action is not a " major rule", and j has submitted this determination to the General Accounting Office and the l i

Congress, as required.

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XI. Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this rule cad, therefore, that a backfit analysis is not required'for.

' this rule.- The final rule does not involve any provisions that impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects L

10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts,

-Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.

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l L 10 CFR Part 34 i i

l Byproduct material, Criminal penalties, Nuclear material, Packaging and j

' containers, Radiation protection, Radiography, Reporting and recordkceping l

requirements, Scientific equipment, Secur.ity measures.

10 CFR Part 71 Criminal penalties, Hazardous materials transportation, Nuclear j i

materials, Packaging and containers, Reporting and recordkeeping requirements.  :

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10 CFR Part 150 l Hazardous materials-transportation, Intergovernmental relations, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.

1 For reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the.following amendments to 10 CFR Parts 30, 34, 71, and 150.

PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING 0F BYPRODUCT MATERIAL

1. -The authority citation for Part 30 continues to read as follows:

AUTHORITY: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83, Stat. 444, as amended (42 U.S.C. 2111, 2112,

-2201, 2232,-2233, 2236, 2282); secs. 201 as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 30.7 also issued under Pub. L. 95 - 601, sec.10, 92 Stat. 2951 as amended by Pub. L. 102 - 486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

Section 30.34(b) also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

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9 6 30.4 IAmendedl.

2. In f.30.4, the definitions of'Radicarapher, Radicaracher's assistant, and Radicaraohv are removed. ,

3. Part 34 is revised to read as;follows:

PART 34--LICENSES FOR INDUSTRIAL' RADIOGRAPHY AND RADIATION

,_ SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS l Subpart A - General Provisions i Secs.

34.1 Purpose _and scope.

l 34.3 Definitions.

- 34.5 Interpretations.

i 34.8 Information collection requirements: 0MB approval.

L Subpart B - Specific Licensing Provisions l

34.11 Application for a specific license.

l 34.13 Specific license for industrial radiography.

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j Subpart C - Equipment 34.20 Performance requirements for industrial radiography equipment.

34.21 Limits on external radiation levels from radiographic exposure devices, storage containers, and source changers.

"34'.23 Locking of radiographic exposure devices, storage containers, and source changers.

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34.25 Radiation survey instruments.

34.27 Leak testing and replacement of sealed sources.

34.29 Quarterly inventory.

34.31 Inspection and maintenance of radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments.

34.33 Permanent radiographic installations.

34.35 Labeling, storage, and transportation.

Subpart D - Radiation Safety Requirements 34.41 Conducting industrial radiographic operations.

34.42 Radiation Safety Officer for industrial radiography.

34.43 Training.

34.45 Operating and emergency procedures.

34.46 Supervision of radiographer' assistants.

34.47 Personnel monitoring.

34.49 Radiation surveys.

. 34.51 Surveillance.

34.53 Posting.

Subpart E - Recordkeeping Requirements 34.61 Records of the specific 1 -cense for industrial radiography.

34.63 Records of the receipt and transfer of sealed sources.

34.65 Records of radiation survey instruments.

34.67' Records of leak testing of sealed sources and devices containing depleted uranium.

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34.69 Records of quarterly inventory.

34.71 Utilization logs.

1 34.73 Records of inspection and maintenance of radiographic exposure devices, l l

transport and storage containers, associated equipment, source changers, and survey instruments.

34.75 Records of alarm sys6em and entrance control checks at permanent l

radiographic installations. -

34.79 Records of training and certification.

34.81 Copies of operating and emergency procedures.

34.83 Records of personnel monitoring procedures.

34.85 Records of radiation surveys.

34.87 Form of records.

34.89 Location of documents and records.

Subpart F - Notifications 34.101 Notifications.

Subpart G'- Exemptions 34.111 Applications for examptions.

Subpart H - Violations 34.121 Violations.

I 34.123' Criminal penalties.  !

. Appendix A to 10 CFR Part 34 73 4

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• l AUTHORITY: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

Section 34.45 also issued under sec. 206, 88 Stat. 1246 (42 U.S.C. 5846).

Subpart A - General Provisions 6 34.1 Purpose and scope.

This part prescribes requirements for the issuance of licenses for the use of sealed sources containing byproduct material and radiation safety requirements for persons using these sealed sources in industrial radiography.

The provisions and requirements of this part are in addition to, and not in substitution for, other requirements of this chapter. In particular, the requirements and provisions of 10 Parts 19, 20, 21, 30, 71, 150, 170, and 171 of this chapter apply to applications and licenses subject to this part. This rule does not apply to medical uses of byproduct material.

4 34.3 Definitions.

ALARA (acronym for as low as is reasonably achievable) means making every reasonable effort to maintain exposures to radiation as far below the dose limits specified in 10 CFR Part 20 as is practical consistent with the purpose for which the licensed activity is undertaken, taking into account the state of technology, the economics of improvements in relation to state of technology, the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, 74

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and in relation to utilization of nuclear energy and licensed materials in the l

l public' interest. .

Annual refresher safety training means a review conducted or provided by the ' licensee for its employees on radiation safety aspects of industrial radiography. The review may include, as appropriate, the results of internal inspections, new procedures or equipment, new or revised regulations, l accidents or errors that have been observed, and should also provide opportunities for employees to ask safety questions.

Associated equipment means equipment that is used in conjunction with a radiographic exposure device to make radiographic exposures that drives, guides, or comes in contact with the source, (e.g., guide tube, control tube, control (drive) cable, removable source stop, "J" tube and collimator when it is used as an' exposure head.

Becquerel (BG) means one disintegration per second.

Certifying Entity means an independent certifying organization meeting the requirements in Appendix A of this part or an Agreement' State meeting the requirements in Appendix A, Parts II and III of this part.

Collimator means a' radiation shield that is placed on the end of the q l l guide tube or directly onto-a radiographic exposure device to restrict the  !

L size of the radiation beam when the sealed source is cranked into position to make a radiographic exposure. j l

Control (drive) cab 7e means the cable that is connected to the source  ;

assembly and used to drive the source to and from the exposure location.

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i Control drive mechanism means a device that enables the source assembly to be moved't'o and from the exposure device.  !

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Control tube 'means a protective sheath for guiding the control cable.

-The control tube connects the control drive mechanism to the radiographic exposure device.

Exposure head means a device that locates the gamma radiography scaled source in the selected working position. (An exposure head is also known as a

-source stop.)-

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 absorbed dose of 1 Joule / kilogram. It is also equal to 100 rads.

Guide tube (Projection sheath) means a fiexible or rigid tube (i.e.,

I "J" tube) for guiding the source assembly and the attached c'ontrol cable from ]

the exposure device to the exposure head. The guide tube may also include the connections necessary for attachment to the exposure device and to the exposure head.

Hands-on experience means experience in all of those areas considered to be directly involved in the radiography process.

Independent certifying organization means an independent organization that meets all of the criteria of Appendix A to this part.

l Industrial radiography (radiography) means an examination of the structure of materials by nondestructive methods, utilizing ionizing radiation to make radiographic images.

Lay-barge radiography means industrial radiography performed on any water vessel used for laying pipe.

Offshore platform. radiography means industrial radiography conducted from La platform over a body of water.

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Permanent radiographic installation means an enclosed shielded room,

. cell, or. vault, not located at a temporary jobsite, in which radiography is performed.

Practica7 Exs: :ation means a demonstration through practical application of the safety rules and principles in industrial radiography including use of all appropriate equipment and procedures.

Radiation Safety Officer for industrial radiography means an individual with the responsibility for the overall radiation safety program on behalf of the licensee and who meets the requirements of f 34.42.

Radiographer means any individual who performs or who, in attendance at the site where the sealed source or sources are being used, personally supervises industrial radiographic operations and who is responsible to the licensee for assuring compliance with the requirements of the Commission's regulations and the conditions of the license.

I l Radiographer certification means written approval received from a l certifying entity stating that an individual has ' satisfactorily met certain established radiation safety, testing, and experience criteria.

l- Radiographer's assistant means any individual who under.the direct l

l supervision of a radiographer, uses radiographic exposure devices, sealed sources or related handling tools, or radiation survey instruments in industrial radiography.

Radiographic exposure device (also called a camera, or a projector) means any instrument containing a sealed source fastened or contained therein, in which the sealed source or shielding thereof may be moved, or otherwise changed,1from a shielded to unshielded position for purposes of making a radiographic exposure.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ L

-Radiographic operations means all activities associated with the presence of radioactive sources in a' radiographic exposure device during use of the device or transport (except when being transported by a common or contract transport), to _ include surveys to confirm the adequacy of bcundaries, setting up equipment and any activity inside restricted area boundaries.

S-tube means a tube through which the radioactive source travels when inside a radiographic exposure device.

Sealed source means any byproduct material that is encased in a capsule designed to prevent leakage or escape of the byproduct material.

Shielded position means the location within the radiographic exposure device or source changer where the sealed source is secured and restricted from movement.

Sievert means the SI unit of any of the quantities expressed as dose

' equivalent. The dose equivalent in sieverts is equal to the absorbed dose in grays multiplied by the quality factor (1 Sv = 100 rems). i Source assembly means an assembly that consists of the sealed source and a connector that attaches the source to the control cable. The source 4 assembly may also include a stop ball used to secure the source in the shielded position.  ;

Source changer means a device designed and used for replacement of sealed sources in radiographic exposure devices, including those also used for 4 transporting and storage of sealed sources.  ;

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Storage area means any location, facility, or vehicle which is used to i

store or to secure a radiographic exposure device, a storage container, or a 1 sealed source when it is not in use and which is locked or has a physical 78

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barrier to prevent accidental exposure, tampering with, or unauthorized removal of the device, container, or source.

Storage contafner means a container in which sealed sources are secured and stored.

Tegiporary jobsite means a location where radiographic operations are conducted and where licensed material may be stored other than those

' location (s) of use authorized on the license.

Underwater radiography means industrial radiography performed when the l

radiographic exposure device and/or related equipment are beneath the surface '

of the water.

l 6 34.5 Interpretations. j

Except as specifically' authorized by the Commission in writing, no l l 1 i . interpretation of the meaning of the regulations in this part by any officer  !

l l l or employee of the Commission, other than a written interpretation by the General Counsel, will be recognized to be binding upon the Commission.

l 6 34.8 Information collection requirements: OMB approval .

(a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and .

Budget (OMB) for approval as required by the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the information collection requirements contained in this part under control number 3150-0007.

(b) The approved information collection requirements contained in this l

part appear in SS 34.13, 34.20, 34.25, 34.27, 34.29, 34.31, 34.33, 34.35, ,

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! .34.43, 34.45, 34.47, 34.49, 34.61, 34.63, 34.65, 34.67, 34.69, 34.'71, 34.73, l 34.75, 34.79,.34.81, 34.83, 34.85, 34.87, 34.89, 34.91, and 34.101.

(c) This part contains information collection requirements in addition to those approved under:the control number specified in paragraph _(a) of this section. The'information collection requirement and the control number under which.it is approved are as follows:

(1). In16 34.11, NRC Form 313 'is approved.under control number 3150-0120.

Subpart B - Specific Licensing Provisions 6 34.11 Aeolication for a specific license.

A person may file. an application for specific license for use of sealed sources in industrial. radiography, in duplicate, on NRC Form 313, " Application for Material License," in accordance with the provisions of f 30.32 of this

. chapter.

6'34.13 Specific license for industrial radicaraohv.

An application for a specific license for the use of licensed material in industrial radiography will be approved if the applicant meets the following requirements:

(a)':The applicant satisfies the general requirements. specified in f 30.33 of this chapter for byproduct material, as appropriate, and any special requirements contained in this part.

(b) The applicant submits an adequate program for training radiographer and radiographer' assistants that meets the requirements of G 34.43.

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l (1). After (2 years after the final rule is published in the Federal Register), a license applicant need not describe its initial training and examination program for radiographer in the subjects outlined in s 34.43(g).

(2) From (insert effective date of final rule) to (2 years after the final rule is published in the Federal Register) a license applicant may affirm that all individuals acting as industrial radiographer will be certified in radiation safety by a certifying entity before commencing duty as radiographer. This affirmation substitutes for a description of its initial training and examination program for radiographer in the subjects outlined in s 34.43(g).

(c) The applicant submits procedures for verifying and documenting the certification status of radiographer and for ensuring that the certification of individuals acting as radiographer remains valid.

(d) The applicant submits written operating and emergency procedures as described in.s 34.45.

(e) The applicant submits a description of a program for inspections of

-the job performance of each radiographer and radiographer' assistant at intervals not to exceed 6 months as described in 5 34.43(e).

(f) The applicant submits a description of the applicant's overall organizational structure as it applies to the radiation safety responsibilities in industrial radiography, including specified delegation of authority and responsibility.

(g) The applicant identifies and lists the qualifications of the individual (s) designated as the RSO (s 34.42) and potential designees responsible for ensuring that the licensee's radiation safety program is implemented in accordance with approved procedures.

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(h) If an applicant intends to perform . leak testing of sealed sources or exposure devices containing depleted uranium (DU) shielding, the applicant must describe the procedures for performing and the qualifications of the-person (s) authorized to do the leak testing. If the applicant-intends to analyze its own wipa samples, the application must include a description of the. procedures to be followed. The description must include the --

(1) Instruments to be used; (2)' Methods of performing the analysis; and (3) Pertinent experience of the person who will analyze the wipe samples.

(i) If the applicant-intends to perform "in-house" calibrations of survey instruments the applicant must describe methods to be used and the-relevant. experience of the person (s) who will perform the calibrations'. All calibrations must-be performed-according to the procedures described and at the intervals prescribed in 6 34.25.

(j)- The applicant identifies and describes the location (s) of all field stations and permanent radiographic installations.

(k) The applicant identifies the locations where all records required by this part and other parts of this Chapter will be maintained.

Subpart C - Equipment 6 34.20 Performance requirements for industrial radicaraphy eouioraent.

Equipment used in industrial radiographic operations must meet the following minimum criteria:

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(a) Each radiographic exposure device, source assembly or sealed source, and all~ associated equipment must meet the requirements specified in American National Standard Institute, N432-1980 " Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography," (published as NBS Handbook 136, issued January 1981). This publication has been approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a). This publication may be purchased from the American National Standards Institute, Inc.,1430 Broadway, New York, New York 10018 Telephone (212) 642-4900. Copies of the document are available for i

inspection at the Nuclear Regulatory Commission Library,11545 Rockville Pike, i l

Rockville, Maryland 20852. A copy of the document is also on file at the j Office of the Federal Register, 800 North Capital Street NW., Suite 700, Washington, DC 20408.

Engineering analysis may be submitted by an applicant or licensee to ,

1 demonstrate the applicability of previously performed testing on similar individual radiography equipment components. Upon review, the Commission may l find this an acceptable alternative to actual testing of the component pursuant to the above referenced standard.

(b) In addition to the requirements specified in paragraph (a) of this l

section, the following requirements apply to radiographic exposure devices,  !

i source changers, source assemblies and sealed sources.

(1) The licensee shall ensure that each radiographic exposure device has attached to it a durable, legible, clearly visible label bearing the --

L -(i) Chemical symbol and mass number of the radionuclides in the device; (ii) Activity and the date on which this activity was last measured; 83

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1 (iii) Model (or product code) and serial number of the sealea suurce; (iv) Manufacturer's identity of the sealed source; and (v) Licensee's name, address, and telephone number.

(2) Radiographic exposure devices intended for use as Type B transport containers must meet the applicable requirements of 10 CFR Part 71.

(3) Modification of radiographic exposure devices, source changers, and source assemblies and associated equipment is prohibited, unless the design of any replacement component, including source holder, source assembly, controls l or guide tubes would not compromise the design safety features of the system.

(c) In addition to the requirements specified in paragraphs (a) and (b) of this section, the following requirements apply to radiographic exposure devices, source assemblies, and associated equipment that allow the source to be moved out of the device for radiographic operations or to source changers.

(1) The coupling between the source assembly and the control cable must be designed in such a manner that the source assembly will not become disconnected if cranked outside the guide tube. The coupling must be such that it cannot, be unintentionally disconnected under normal and reasonably foreseeable abnormal conditions.

(2) The device must automatically secure the source assembly when it is cranked back into the fully shielded position within the device. This ]

securing system may only be released by means of a deliberate operation on the exposure device.

4 (3) The outlet fittings, lock box, and drive cable fittings on each radiographic exposure device must be equipped with safety plugs or covers which must be installed during storage and transportation to protect the source assembly from water, mud, sand or other foreign matter.

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l (4) (i) Each sealed source or source assembly must have attached to it or engraved on it, a durable, legible, visible label with the words: l

" DANGER -- RADI0 ACTIVE."

(ii) The labf may not interfere with the safe operation of the exposure device or associated equipment.

(5) The guide tube must be able to withstand a crushing test that closely approximates the crushing forces that are likely to be encountered i

during use, and be able to withstand a kinking resistance test that closely approximates the kinking forces that are likely to be encountered during use.

(6) Guide tubes must be used when moving the source out of the device. ,

(7) An exposure head or similar device designed to prevent the source assembly from passing out of the end of the guide tube must be attached to the outermost end of the guide tube during industrial radiography operations.

(8) The guide tube exposure head connection must be able to withstand the tensile test for control units specified in ANSI N432-1980.

1 l (9) Source changers must provide a system for ensuring that the source will not be accidentally. withdrawn from the changer when connecting or ,

disconnecting the drive cable to or from a source assembly.

(d) All radiographic exposure devices and associated equipment in use after January 10, 1996, must comply with the requirements of this section.

(e) Notwithstanding paragraph (a)(1) of this section, equipment used in industrial radiographic operations need not comply with f 8.9.2(c) of the Endurance Test in American National Standards Institute N432-1980, if the prototype equipment has been tested using a torque value representative of the torgue that an individual using the radiography equipment can realistically exert on the lever or crankshaft of the drive mechanism.

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6 34.21: Limits on external radiation levels from storaae containers and source chanaers.

The maximum exposure rate limits for storage containers and source changers are 2 millisieverts (200 millirem) per hour at any exterior surface, and 0.1 millisieverts (10 millirem) per hour at 1 meter from any exterior surface with the sealed source in the shielded position.

6 34.23: Lockina of radioarachic exoosure devices. storaae containers and source chanaers.

(a) Each radiographic exposure device must have a lock or outer locked A

container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. The exposure device and/or its container must be kept locked (and if a keyed-lock, with the key removed at all times) when not under the direct surveillance of a radiographer or a radiographer's assistant except at permanent radiographic installations as stated in s 34.51.

In addition, during radiographic operations the sealed source assembly must be secured in the shielded position each time the source is returned to that position.

(b) Each sealed source storage container and source changer must have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. Storage containers and source changers must be kept locked (and if a keyed-lock, with the key removed at all times) when containing sealed sources except when under the direct surveillance of a radiographer or a radiographer's assistant.

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l 6 34.25: Radiation survey instruments.

(a) The licensee shall keep sufficient calibrated and operable radiation survey instruments at each location where radioactive material is present to make the radiation surveys required by this part and by 10 CFR Part 20 of this chapter. Instrumentation required by this section must be capable of measuring a range from 0.02 millisieverts (2 millirems) per hour through 0.01 sievert (1 rem) per hour.

(b) The licensee shall have each radiation survey instrument required under paragraph (a) of this section calibrated --

(1) At intervals not to exceed 6 months and after instrument servicing, except for battery changes; (2) For linear scale instruments, at two points located approximately one-third and two-thirds of full-scale on each scale; for logarithmic scale l l

instruments, at mid-range of each decade, and at two points of at least one decade; and for digital instruments, at 3 points between 0.02 and 10 millisieverts (2 and 1000 millirems) per hour; and (3) So that an accuracy within plus or minus 20 percent of the calibration source can be demonstrated at each point checked.

L (c) The licensee shall maintain records of the results of the instrument calibrations in accordance with E 34.65.

6 34.27 Leak testina and replacement of sealed sources.

(a). The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing of any sealed source must be performed by persons authorized to do so by the NRC or an Agreement State.

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__.m._ _-_____ _ ___.____.._. ________m_________________L._m.______.m__,_____________m__-

4 (b)L The opening, repair, or modification of any sealed source must be performed by persons specifically authorized to do so by-the Commission or an

-Agreement State.

(c) ' Testing and recordkeeping requirements.

(1) Each licensee who uses a sealed source shall have the source tested for leakage at intervals not to exceed 6 months. The leak testing of the source must be performed using a method approved by the Commission or by an Agreement State. The wipe sample should be taken from the nearest accessible point to the sealed source where contamination might accumulate. The wipe sample must tue analyzed for radioactive contamination. The analysis must be capable of detecting the presence of 185 Bq (0.005 microcurie) of radioactive material on the test sample and must be performed by a person specifically authorized by the Commission or an Agreement State to perform the analysis.

(2) The licensee shall maintain records of the leak tests in accordance with s 34.67.

(3) Unless a sealed source is accompanied by a certificate from the transferor that shows that it has been leak tested within 6 months before the transfer, it may not be used by the licensee until tested for leakage. Sealed sources that are in storage and not in use do not require leak testing, but must be tested before use or transfer to another person if the interval of storage exceeds 6 months.

(d) Any test conducted pursuant to paragraphs (b) and (c) of this section which reveals the presence of 185 Bq (0.005 microcurie) or more of removable radioactive material must be considered evidence that the sealed source is leaking. The licensee shall immediately withdraw the equipment involved from use and shall have it decontaminated and repaired or disposed of 88

in accordance with Commission regulations. A report must be filed with the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, within 5 days of any test with results that exceed the threshold in this subsection, describing the equipment involved, the' test results, and the corrective action taken. A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission's Regional Office listed in Appendix D OF 10 CFR Part 20 of this chapter " Standards for Protection Against Radiation."

(e) Each exposure device using depleted uranium (DU) shielding and an "S" tube configuration must be tested for DU contamination at intervals not to exceed 12 months. The analysis must be capable of detecting the presence of 185 Bq (0.005-microcuries) of radioactive material on the test sample and must be performed by a person specifically authorized by the Commission or an Agreement State to perform the analysis. Should such testing reveal the presence of DU contamination, the exposure device must be removed from use until an evaluation of the wear of the S-tube has been made. Should the i

evaluation' reveal that the.S-tube is worn through, the device may not be used 1 again. DU shielded devices do not have to be tested for DU contamination while in storage and not in use. Before using or transferring such a device however the device must be tested for DU contamination, if the interval of storage exceeds 12 months. A record of the DU leak-test must be made in accordance with 9 34.67.

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6 34.29 Ouarterly inventory. .

(a) Each licensee shall conduct a quarterly physical inventory to account for all sealed sources and for devices containing depleted uranium j received and possessed under this license.

(b) The licensee shall maintain records of the quarterly inventory in

accordance with s 34.69.

6 34.31 Inspection and maintenance of radioarachic exposure devices.

transport and storaae containers. associated eauioment. source chanaers. and survey instruments.

(a) The licensee shall perform visual and operability checks on survey meters, radiographic exposure devices, transport and storage containers, associated equipment and source changers before use on each day the equipment is to be used to ensure that the equipment is in good working condition, that:

the sources.are adequately shielded, and that required labeling is present.

Survey instrument operability must be performed using check sources or other appropriate means. If equipment problems are found, the equipment must be removed from service until repaired.

(b) Each licensee shall have written procedures for:

(1) Inspection and routine maintenance of radiographic exposure devices, source changers, associated equipment, transport and storage containers, and survey instruments at intervals not to exceed 3 months or before the first use thereafter to ensure the proper functioning of components important to safety.

Replacement components shall meet design specifications. If equipment problems are found, the equipment must be removed from service until repaired.

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(2) Inspection and maintenance necessary to maintain the Type B packaging used to transport radioactive materials. The inspection and maintenance program must include procedures to assure that Type B packages are 1

shipped and maintained in accordance with the certificate of compliance or other. approval .

(c) Records of equipment problems and of any maintenance performed under paragraphs (a) and (b) of this section must be made in accordance with s 34.73.

l 6 34.33 Permanent radioarachic installations. l l

(a) Each entrance that is used for personnel access to the high l radiation area in a permanent radiographic installation must have either:

(1) An entrance control of the type described in 9 20.1601(a)(1) of this chapter that reduces the radiation level upon entry into the area, or (2) Both conspicuous visible and audible warning signals to warn of the presence of radiation. The visible signal must be actuated by radiation  ;

whenever the source is exposed. The audible signal must be actuated when an attempt is made to enter the installation while the source is exposed.

(b) The alarm system must be tested for proper operation with a radiation source each day before the installation is used for radiographic operations. The test must include a check of both the visible and audible signals. Entrance control devices that reduce the radiation level upon entry (designated in paragraph (a)(1) of this section) must be tested monthly. If an entrance control device or an alarm is operating improperly, it must be immediately labeled as defective and repaired within 7 calendar days. The

' facility may continue to be used during this 7-day period, provided the 91

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licensee implements the continuous surveillance requirements of s 34.51 and uses an alarming ratemeter. Test records for entrance controls and audible and visual alarm must be maintained in accordance with s 34.75.

6 34.35 Labelina. storaae. and transportation.

(a) The licensee may not use a source changer or a container to store licensed material unless the source changer or the storage container has securely attached to it a durable, legible, and clearly visible label bearing i.e.,

the standard trefoil radiation caution symbol conventional colors, magenta, purple or black on a yellow background, having a minimum diameter of 25 mm, and the wording CAUTION

• RADIOACTIVE MATERIAL NOTIFY CIVIL AUTHORITIES (or " NAME OF COMPANY")

• --- or " DANGER" (b) The licensee may not transport licensed material unless the material is packaged, and the package is labeled, marked, and accompanied with appropriate shipping papers in accordance with regulations set out in 10 CFR Part 71.

(c) Locked radiographic exposure devices and storage containers must be physically secured to prevent tampering or removal by unauthorized personnel.

The licensee shall store licensed material in a manner which will minimize danger from explosion or fire.

(d) The licensee shall lock and physically secure the transport package containing licensed material in the transporting vehicle to prevent accidental 92

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loss, tampering, or unauthorized removal of the licensed material from the vehicle.

Subpart D - Radiation Safety Requirements 6 34.41 Conductina industrial radicarachic operations.

(a) Whenever radiography is performed at a location other than a permanent radiographic installation, the radiographer must be accompanied by at least one other qualified radiographer or an individual who has at a minimum met the requirements of f 34.43(c). The additional qualified individual shall observe the operations and be capable of providing immediate assistance to prevent unauthorized entry. Radiography may not be performed if only one qualified individual is present.

(b) All radiographic operations conducted at locations of use authorized on the license must be conducted in a permanent radiographic installation, unless specifically authorized by the Commission.

(c) A licensee may conduct lay-barge, offshore platform, or underwater radiography only if procedures have been approved by the Commission or by an Agreement State.

6 34.42 Radiation Safety Officer for industrial radicaraohv.

The RSO shall ensure that radiation safety activities are being performed in accordance with approved procedures and regulatory requirements in the daily operation of the licensee's program.

(a) The minimum qualifications, training, and experience for RS0s for industrial radiography are as follows:

(1) Completion of the training and testing requirements of E 34.43(a);

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(2) 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of hands-on experience as a qualified radiographer in industrial radiographic operations; and (3) Formal training in the establishment and maintenance of a radiation i protection program.

(b) The Commission will consider alternatives when the RS0 has appropriate training and/or experience in the field of ionizing radiation, and in addition, has adequate formal training with respect to the establishment and maintenance of a radiation safety protection program.

(c) The specific duties and authorities of the RSO include, but are not limited to:

(1) Establishing and overseeing all operating, emergency, and ALARA procedures as required by 10 CFR Part 20 of this chapter, and reviewing them regularly to ensure that the procedures in use conform to current 10 CFR Part 20 procedures, conform to other NRC regulations and to the license conditions.

(2) Overseeing and approving all phases of the training program for radiographic personnel, ensuring that appropriate and effective radiation protection practices are taught; (3) Ensuring that required radiation surveys and leak tests are performed and documented in accordance with the regulations, including any corrective measures when levels of radiation exceed established limits; (4) Ensuring that personnel monitoring devices are calibrated and used properly by occupationally-exposed personnel, that records are kept of 'the monitoring results, and that timely notifications are made as required by 9 20,2203 of this chapter; and 94

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(5) Ensuring that operations are conducted safely and to assume control for instituting corrective actions including stopping of operations when necessary.

(d) Licensees will have 2 years from the effective date of this rule to meet the requirements of paragraph (a) or (b) of this section.

6 34.43 Trainina.

(a) The licensee may not permit any individual to act as a radiographer until the individual --

(1) Has received training in the subjects in paragraph (g) of this section, in addition to a minimum of 2 months of on-the-job training, and is certified through a radiographer certification program by a certifying entity in accordance with the criteria specified in Appendix A of this part. (An independent organization that would like to be recognized as a certifying entity _ shall submit its request to the Director, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC.

20555-0001.)

OR (2) The licensee may, 'until (insert date 2 years after the final rule is published in the Federal Register), allow an individual who has not met the

. requirement of paragraph (a)(1) of this section, to act as a radiographer after the-individual has received training in the subjects outlined in paragraph (g) of this_section and demonstrated an understanding of these subjects by successful completion of a written examination that was previously submitted >to and approved by the Commission.

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1.

(b) In addition, the licensee may not permit any individual to act as a l

radiographer until the individual --

(1) Has received copies'of and instruction in the requirements described

-in NRC regulations contained in this part; in 56 30.7, 30.9, and 30.10 of this chapter; in the applicable sections of 10 CFR Parts 19 and 20, of this chapter, in applicable DOT regulations as referenced in 10 CFR Part 71, in the NRC license (s) under which the radiographer will perform industrial radiography, and the licensee's operating and emergency procedures; 4

(2) Has demonstrated understanding of the licensee's license and operating and emergency procedures by successful completion of a written or oral examination covering this material.

(3) Has received training in the use of the licensee's radiographic exposure devices, sealed sources, in the daily inspection of devices and associated equipment, and in the use of radiation survey instruments.

(4) Has demonstrated understanding of the use of radiographic exposure devices, sources, survey instruments and associated equipment described in paragraphs (b)(1) and (b)(3) of this section by successful completion of a practica? examination ~ covering this material.

(c) 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 in NRC regulations contained in this part, in 59 30.7, 30.9, and 30.10 of this chapter,-in the applicable sections of 10 CFR Parts 19 and 20 of this chapter, in applicable DOT regulations as referenced in 10 CFR Part 71, in the NRC

' license (s) under which the radiographer's assistant will perform industrial radiography, and the licensee's operating and emergency procedures; 96

f (2) Has developed competence to use, under the. personal supervision of I

the radiographer, the radiographic exposure devices, sealed sources, associated equipment, and radiation survey instruments that the assistant will

! i l use; and.

l

-(3) Has demonstrated understanding of the instructions provided under (c)(1) of this section of successfully completing a written test on the subjects covered and has demonstrated competence in the use of hardware l

described in (c)(2) of this section by successful completion of a practical i

examination on the use of such hardware.

(d) The licensee shall provide annual refresher safety training for each radiographer and radiographer's assistant at intervals not to exceed

! 12-months.

(e) Except as provided in paragraph (e)(4), the RSO or designee shall conduct an inspection program of the job performance of each radiographer and radiographer's assistant to ensure that the Commission's regulations, license requirements, and the applicant's operating and emergency procedures are followed. The inspection program must:

(1) Include observation of the performance of each radiographer and radiographer's assistant during an actual industrial radiographic operation, at intervals not to exceed 6 months; and

-(2) Provide that, if a radiographer or a radiographer's assistant has not participated in. an industrial radiographic operation for more than 6 j

months since' the last inspection, the radiographer must demonstrate knowledge of'the training requirements of 6 34.43(b)(3) and the radiographer's assistant  !

l  ;

must re-demonstrate knowledge of the training requirements of s 34.43(c)(2)' by l

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e______-__-_____________ _ _ _ _ _

a practical examination before these individuals can next participate in a radiographic operation.

(3) The Commission may consider alternatives in'those situations where the individual serves as both radiographer and RSO.

(4) In those operations where a single individual serves as both

~ radiographer and RSO, and performs all radiography operations, an inspection program is not required.

(f) The licensee shall maintain records of the above training to include certification documents, written and practical examinations, refresher safety training and inspections of job performance in accordance with s 34.79. .

(g) The licensee shall include the following subjects required in paragraph (a)-of this section:

(1) -Fundamentals of radiation safety including --

(i) Characteristics of gamma radiation; (ii) Units of radiation dose and quantity of radioactivity; (iii) Hazards of exposure to radiation; (iv) Levels of radiation from licensed material; and (v) . Methods of controlling radiation dose (time, distance, and shielding);

(2) Radiation detection instruments including --

(i) Use, operation, calibration, and limitations of radiation survey instruments; (ii) Survey techniques; and (iii) Use of personnel monitoring equipment; (3) Equipment to be used including --

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(i) Operation and control of radiographic exposure equipment, remote handling equipment, and storage containers, including pictures or models of source assemblies (pigtails).

-(ii) Storage, control, and disposal of licensed material; and (iii) Inspection and maintenance of equipment.

(4) The requirements- of pertinent Federal regu'lations; and (5) Case histories of accidents in radiography.

(h) Licensees will have one year from the effective date of this rule to comply with the additional training requirements specified in paragraphs (b)(1) and (c)(1) of this section.

1. 34.45 Operatina and emeraency procedures.

(a) Operating and emergency procedures must include, as a minimum, instructions in the following:

(1) Appropriate handling and use of licensed sealed sources and radiographic exposure devices so that no person is likely to be exposed to radiation doses in excess of the limits established in 10 CFR Part 20 of this chapter " Standards for Protection Against Radiation";

(2). Methods and occasions for conducting radiation surveys;

.(3) Methods for controlling access to radiographic areas; i

.(4) Methods and occasions for locking and securing radiographic exposure devices, transport and storage containers and sealed sources;

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(5) Personnel monitoring and the use of personnel monitoring equipment-(6) Transporting sealed sources to field locations, including packing of radiographic exposure devices and storage containers in the vehicles,  ;

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, . l placarding of vehicles when needed, and control of the sealed sources during transportation (refer to 49 CFR Parts 171-173);

(7) The inspection, maintenance, and operability checks of radiographic exposure devices, survey instruments, transport containers, and storage containers; (8) Steps that must be taken immediately by radiography personnel in the event a pocket dosimeter is found to be off-scale or an alarm ratemeter alarms 4

unexpectedly.

(9) The procedure (s) for identifying and reporting defects and noncompliance, as required by 10 CFR Part 21 of this chapter; (10) The procedure for notifying proper persons in the event of an accident; (11) Minimizing exposure of persons in the event of an accident; (12) Source recovery procedure if licensee will perform source recovery; (13) Maintenance of records.

(b) The licensee shall maintain copies of current operating and emergency procedures in accordance with 9 34.81 and 9 34.89.

6 34.46 -Supervision of radioarachers' assistants.

Whenever a radiographer's_ assistant uses radiographic exposure devices, associated equipment or sealed sources or conducts radiation surveys required by 6_34.49(b) to determine that the sealed' source has returned to the shielded position after an. exposure, the assistant shall be under the personal supervision of a radiographer. . The personal supervision must include:

(a) The radiographer's physical presence at the site where the sealed sources are_being used; 100

(b) The availability of the radiographer to give immediate assistance if required; and

.(c) The radiographer's direct observation of the assistant's performance of the operations r."arred to in this section.

L '6 34.47 Personnel monitorina.

(a) The licensee may not permit any individual to act as a radiographer or a radiographer's assistant unless, at all times during radiographic operations, each individual wears, on the trunk of the body, a combination of direct reading dosimeter, an operating alarm ratemeter, and either a film badge or a TLD. At permanent radiography installations where_ other appropriate alarming or warning devices are in routine use, the wearing of an I alarming ratemeter is not required.  ;

(1) Pocket dosimeters must have a range from zero to 2 millisieverts

~

(200 millirems) and must be recharged at the start of each shift. Electronic personal dosimeters may only be used in place of ion-chamber pocket dosimeters.

(2) _ Each film badge and TLD must be assigned to and worn by only one individual.

(3) Film badges must be replaced at periods not to exceed one month and TLDs must' be _ replaced at periods not to exceed three months.

(4) After replacement, each film badge or TLD must be processed as soon as possible.

(b) Direct reading dosimeters such as pocket -dosimeters or electronic personal dosimeters, must be read and the exposures recorded at the beginning and end of each shift, and records must be maintained in accordance with 6 34.83.

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4 (c) Pocket dosimeters, or electronic personal dosimeters, must be checked at periods not to exceed 12 months for correct response to radiation, and records must be maintained in accordance with 9 34.83. Acceptable dosimeters must read within plus or minus' 20 percent of the true radiation exposure.

(d) If an individual's pocket dosimeter is found to be off-scale, or if his.or her electronic personal dosimeter reads greater than 2 millisieverts (200 millirems), and the possibility of radiation exposure cannat be ruled out i as the cause,. the individual's film badge er TLD must be sent'for processing within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. In addition, the individual may not resume work associated with licensed material use until a determination of the individual's radiation

-exposure has been made. This determination must be made by the RS0 or the RS0's designee. The results of this determination must be included in the records maintained in accordance with 6 34.83.

(e) If a film badge or TLD is lost or damaged, the worker shall cease work irnmediately until a replacement film badge or TLD is provided and the exposure is calculated for the time period from issuance to loss or damage of the film badge or TLD. The results of the calculated exposure and the time period for which the film badge or TLD was lost or damaged must be included in the records maintained in accordance with 6 34.83.

(f) Reports received from the film badge or TLD processor must be retained in accordance with 5 34.83.

(g): Each alarm ratemeter must --

(1) Be checked to ensure that the alarm functions properly (sounds) before using at.the start of each shift; 102 4

(2) Be set to give an alarm signal at a preset dose rate of 5 mSv/hr (500 mrem /hr); with an accuracy of plus or minus 20 percent of the true radiation dose rate; (3) Require special means to change the preset alarm function; and (4) Be calibrated at periods not to exceed 12 months for correct response to radiation. The licensee shall maintain records of alarm ratemeter calibrations in accordance with 5 34.83. ,

6 34.49 Radiation surveys.

The licensee shall:

(a) Conduct surveys with a calibrated and operable radiation survey instrument that meets the requirements of 6 34.25.

(b) Using a survey instrument meeting the requirements of paragraph (a) of this section, conduct a survey of the radiographic exposure device and the guide tube after each exposure when approaching the device or the guide tube.

The survey must determine that the sealed source has returned to its shielded position before exchanging films, repositioning the exposure head, or dismantling equipment.

(c) Conduct a survey of the radiographic exposure device with a calibrated radiation survey instrument any time the source is exchanged and whenever a radiographic exposure device is placed in a storage area (as defined in 5 34.3), to ensure that the sealed source is in its shielded position.

(d) Maintain records in accordance with s 34.85.

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_ _ _ _ _ _ _ _ - - - - - _ _ _ _ _ - - - - _ _ _ _ __ _ _ _ _ _ - - - - - - - - - - - - - _ _ _ _ _ - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _________ _ __J

6 34.51 Surveillance.

During each radiographic operation the radiographer, or the other individual present, as required by s 34.41, shall maintain continuous direct

visual surveillance of the cperation to protect against, unauthorized entry into a high radiation area, as defined in 10 CFR Part 20 of this chapter, except at permanent radiographic. installations where all entryways are locked and the requirements of s 34.33 are met.

1. 34.53 Postina.

. All areas in which industrial radiography is being performed must be conspicuously posted as required by f 20.1902 of this chapter. Exceptions listed in.6 20.1903 of this chapter do not apply to industrial radiographic operations.

Subpart E - Recordkeeping Requirements 6 34.61 Records of the specific license'for industrial radioaraohv.

Each licensee sicll maintain a copy of its license, license conditions, documents incorporated by. reference, and amendments to each of these items until superseded by new documents approved by the. Commission, or until the Commission terminates the license.

6 34.63 ~ Records of receipt and transfer of sealed sources.

(a) Each licensee shall maintain records ' showing the receipts and transfers of sealed sources and devices using DU for shielding and retain each record for 3 years after it is made.

104

(b) These records must include the date, the name of the individual making the record, radionuclides, number of becquerels (curies) or mass (for DU), and manufacturer, model, and serial number of each sealed source and/or dr.vice, as appropriate.

l 6 34.65 Records of radiation survey instruments.

l-Each licensee shall maintain records of the calibrations of its radiation survey instruments that are required under s 34.25 and retain each record for l 3 years after it is made.

6 34.67 Records of leak testina of sealed sources and devices containina depleted uranium.

l l Each licensee shall maintain records of leak test results for sealed l . sources and for devices containing DU. The results must be stated in units of

.; becquerels (microcuries). The licensee shall retain each record for 3 years after it is made or until the source in storage is removed.

i 6 34.69 Records of auarterly inventory.

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L (a) Each licensee shall maintain records of the quarterly inventory of j

sealed sources and of devices containing depleted uranium as required by l E 34.29 and. retain each record for 3 years after it is made.

l (b) The record must include the date of the inventory, name of the  !

individual conducting the inventory, radionuclides, number of becquerels (curies) or mass (for DU) in each device, location of sealed source and/or devices, and manufacturer, model, and serial number of each sealed source and/or' device, as appropriate.

105 L__.. - _m _ _. ._ ._. _______________.___________...____m_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______m

~ -- -_-_ _ _ _ _ - - - - - - - - _ _ _ _ _ _ _ . _ _ . _ . _

I' 6 34.71 Utilization loas.

.(a) Each licensee'shall maintain utilization logs shewing for each sealed source the following information:

(1) A description,s including the make, model, and serial number of the radiographic exposure device or_ transport or storage container in which the sealed source is located; (2) The identity and signature of the radiographer to whom assigned; and (5) The plant or site where used and dates of use, including the dates removed and returned to storage.

(b) The licensee shall retain the logs required by paragraph (a) of this section for 3 years after the log is made.

6 34.73 Records of inspection and maintenance of radicarachic exoosure devices. transport and storaae containers. associated eauipment. source chanaers. and survey instruments.

(a) Each licensee shall maintain records specified in s 34.31 of equipment problems found in daily checks and quarterly inspections of radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments; and retain each record for 3 years after it is made.-

(b) The record must include the date of check or inspection, name of inspector, equipment involved, any problems found, and what repair and/or maintenance, if any, was done.

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6 34.75 Records of alarm s, stem and entrance control checks at permanent radicarachic installations.

Each licensee shall maintain records of alarm system and entrance control device tests required under s 34.33 and retain each record for 3 years after it is made.

l 6 34.79 Records of trainina and certification.

Each licensee shall maintain the following records (of training and certification) for 3 years after the record is made:

(a) ~ Records of. training of each radiographer and each radiographer's assistant. The record must include radiographer certification documents and verification of certification status, copies of written tests, dates of oral and practical examinations, and names of individuals conducting and receiving the oral and practical examinations; and (b) Records of annual refresher satety training and semi-annual inspections of. job performance for each radiographer and each radiographer's assistant. The records must list the topics. discussed during the refresher safety training, the dates the annual refresher safety training was conducted, and names of the instructors and attendees. For inspections of job i performance, the records must also include a list showing the items checked and any non-compliances observed by the RSO. j

.6 34.81 Copies of operatina'and emeraency orocedures.

4 Each licensee shall maintain a copy of current operating and emergency procedures until the Commission terminates the license. Superseded material must be retained for_3 years after the change is made,

[ i 107 l'

6 34.83 Records of personnel monitorina.

Each . licensee shall maintain the following exposure records specified in .

9 34.47:.

(a)- Direct reading dosimeter readings and yearly operability checks required by s 34.47(b) and (c) for 3 years after the record is made.

(b) Records of alarm ratemeter calibrations for 3 years after the record

[- is made.

{ Reports received from the film badge or TLD processor until the

.(c)

Commission terminates the license.

(d) . Records of estimates of exposures as a result of: off-scale personal

- direct reading dosimeters, or lost or damaged film badges or TLDs, until the Commission terminates the license.

6 34.85 Records of radiation surveys.

Each licensee shall maintain a record of each exposure device survey conducted before the device is placed in storage as specified in 34.49(c),

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if that survey is the last one performed in the workday. Each record must be l

maintained for 3 years after it is made.

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6 34.87 Form of records.

Each record required by this part must be legible throughout the i

specified retention period. The record may-be the original or a reproduced a

copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the' microform is capable of reproducing a clear j copy throughout the required' retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and 108 l

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complete records during the required retention period. Records, such as letters, drawings, and specifications, must include all pertinent information, such as stamps, initials, and signatures. The licensee shall maintain l

l adequate safeguard: ; gainst tampering with and loss of records.

6 34.89 Location of documents and records.

l (a) Each licensee shall maintain copies of records required by this part and other applicable parts of this chapter at the location specified in l: 6 34.13(k).

(b) Each licensee shall also maintain copies of the following documents and records sufficient to demonstrate compliance at each applicable field L

station and each temporary jobsite; (1) The license authorizing the use of licensed material; (2) A copy of 10 CFR Parts 19, 20, and 34 of NRC regulations; (3) Utilization records for each radiographic exposure device dispatched from that location as-required by s 34.71.

(4) Records of equipment problems identified in daily checks of equipment as required by s 34.73(a);

(5) Records of alarm system and entrance control checks required by 6 34.75, if applicable; (6) Records of direct reading dosimeters such as pocket dosimeter and/or electronic personal dosimeters readings as required by f 34.83; (7) Operating and emergency procedures required by s 34.81;

'(8) ' Evidence of the latest calibration of the radiation survey l instruments in'use at the site, as required by 9 34.65; j 109

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~(9) Evidence of the latest calibrations of alarm ratemeters and operability checks of pocket dosimeters and/or electronic personal dosimeters as required by s 34.83; (10) Latest survey records required by s 34.85; (11) The shipping papers for the transportation of radioactive materials required by s.71.5 of this chapter; and (12) When operating under reciprocity pursuant to s 150.20 of this chapter, a copy of the Agreement State license authorizing the use of licensed materials.

Subpart F - Notifications

'6 34.101 Notifications.

(a) In addition to the reporting requirements specified in s 30.50 and under other sections of this chapter, such as s 21.21, each licensee shall provide a written report to the U.S. Nuclear Regulatory Commission, Division of Industrial and Medical Nuclear Safety, Washington, DC 20555-0001, with a copy to the Director, Office for Analysis and Evaluation of Operational Data, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, within 30 days of the occurrence of any of the following incidents involving radiographic equipment:

(1) Unintentional disconnection of the source assembly from the control cable; (2)- Inability to retract the source assembly to its fully shielded

. position and secure it in this' position; or (3) Failure of any component (critical to . safe operation of the device) to properly perform its intended function; 110

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f (b) The licensee shall include the following information in each report submitted under paragraph (a) of this section, and in each report of overexposure submitted under 10 CFR 20.2203 which involves failure of safety components of radiography equipment:

. (1) A description of the equipment problem; i

( (2) Cause of each incident, if known; i

l (3) Name of the manufacturer and model number of equipment involved in L the incident; (4) Place, date, and time of the incident; 1

(5) Actions taken to establish normal operations; (6) Corrective actions taken or planned to prevent recurrence; and (7) Qualifications of personnel involved in the incident.

(c) Any licensee conducting radiographic operations or storing radioactive material at any location not listed on the license for a period in excess of 180 days in a calendar year, shall notify the appropriate NRC regional office listed in 6 30.6(a)(2) prior to exceeding the 180 days.

Subpart G - Exemptions 6 34.111- ' Applications for exemptions.

The Commission may, upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the regulations in this part if it determines the exemption is authorized by law and would not endanger life or property or the common defense and security and is otherwise in-the public interest.

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Subpart H - Violations >

i 6-34.121 V'i ol ati ons .

(a) The Commission may obtain an injunction or other court order to 4

prevent a. violation of the provisions of. '---

I (1) The Atomic Energy Act of 1954, as amended;

(2) Title II of the Energy Reorganization Act of 1974, as amended; or .

(3) A regulation or order issued pursuant te these Acts.

i (b) The Commission may obtain.a court order for the payment of a civil penalty. imposed under Section 234 of the ' Atomic Energy Act;

(1) For violations' of ---

(i) Sections 53,.57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the l i 4 Atomic' Energy Act of 1954, a's amended; (ii) 'Section 206 af the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections 1

specified in paragraph (b)(1)(1) of this section.

(iv)' Any term, condition, or limitation of any license issued under the sections spe.cified in paragraph (b)(1)(i) of this section.

(2) for any violation for which a license may be revoked under section

'186 of the Atomic Energy Act of 1954, as amended.

6 34.123 Criminal penalties.

(a) Section 223 of the Atomic Energy Act of 1952, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or ,

conspiracy to violate, any regulation issued under one or more of 59161b,

- 1611, or;1610 of the Act. For purposes of- Section 223, all the regulations in 112

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O 10 CFR Part 34 are issued under one or more of 5 161b, 1611, or 1610, except for the sections listed in paragraph (b) of this section.

(b) The regulations in 10 CFR Part 34 that are not issued under sections l

161b, 1611, or 161o for the purposes of'Section 223 are as follows: SS 34.1, 1

( .34.3, 34.5, 34.8, 34.11, 34.13, 34.111, 34.121, 34.123.

l j

Appendix A to 10 CFR Part 34

1. Requirements for an Independent Certifying Organization.

An independent certifying organization shall:

.1. Be an organization such as a society or association, whose members participate in, or have an interest in, the fields of industrial radiography;

2. Make its membership available to the general public nationwida that is not restricted because of race, color, religion, sex, age, national origin i or disability;

3. Have a certification program open to nonmembers, as well as members;

4. Be an incorporated, nationally recognized organization, that is involved in setting national standards of practice within its fields of expertise;

5. Have an adequate staff, a viable system for financing its operations, and a policy- and decision-making review' board;

6. Have a set of written organizational by-laws and policies that provide adequate assurance of lack of conflict of interest and a system for monitoring and enforcing those by-laws and policies;

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.7. Have a ~ committee, whose members can carry out. their responsibilities impartially, to review and approve the certification guidelines and l

113

f procedures, and to advise the' organization's staff in implementing the certification program;

8. Have a committee, whose members can carry out their responsibilities impartially, to review complaints against certified individuals and to determine appropriate sanctions;

9. Have written procedures describing all aspects of its certification program, maintain records of the current status of each individual's

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certification and the administration of its certification program;

10. Have procedures to ensure that certified individuals are provided due process with respect to the administration of its certification program, including the process of becoming certified and any sanctions imposed against certified individuals;

11. Have procedures for proctoring examinations, including qualifications for proctors. These procedures must ensure that the.

individuals proctoring each examination are not employed by the same company or corporation (or a wholly-owned subsidiary of such company or corporation) as any of the examinees;

12. Exchange information about certified individuals with the Commission and other independent certifying organizations and/or Agreement States and allow periodic review of its certification program and related records; and

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:

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1. Require applicants for certification to (a) receive training in the topics set forth in 34.43(g) or equivalent Agreement State regulations, and l (b) satisfactorily complete a written examination covering these topics; L

! 2. Require applicants for certification to provide documentation that demonstrates that the applicant has: (a) received training in the topics set forth in s 34.43(g) .or equivalent Agreement State regulations; (b) satisfactorily completed a minimum period of on-the-job training; and (c) has received verification by an Agreement State or a NRC licensee that the applicant has demonstrated the capability of independently working as a.

radiographer;

3. Include procedures to ensure that all examination questions are protected from disclosure;

4. Include procedures for denying an application, revoking, suspending, and reinstating a certificate;

5. Provide a certification period of not less than 3 years nor more than l 5 years;

. 6. Include procedures for renewing certifications and, if the procedures allow renewals without examination, require evidence of recent' full-time employment and annual refresher training.

7. Provide a timely response to inquiries, by telephone or letter, from members of the public, about an individual's certification status.

III. Requirements for Written Examinations.

All examinations must be:

1. . Designed to test an individual's knowledge and understanding of the topics listed in ! 34.43(g) or equivalent Agreement State requirements;  !

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e

2. Written.in a multiple-choice format;-

3. Have' test items drawn from a question bank containing psychometrically valid questions based on the material in 6 34.43(g).

PART 71 -PACKAGING AND, TRANSPORTATION OF.RADI0 ACTIVE MATERIAL;

4. The authority citation for Part 71 continues to read as follows:

AUTHORITY:-Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935,.948, 953, 954, as amended, secs. 1701, 106 stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, . 2093, 2111, 2201, 2232, 2233, 2297f); secs. 201, as amended,- 202, 206, 88 Stat. 1242,.as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 71.97-also issued under sec. 301, Pub. L.96-295, 14 stat.'789-790.

5. . In f 71.101 a new paragraph (g) is added to read as follows:

6 71'101 Ouality assurance requirements.

(g) -Radiography containers: A program for transport container inspection and maintenance limited to radiographic exposure devices, source changers, or packages transporting these devices and meeting the requirements of.6 34.31(b) or equivalent Agreement State requirement, is deemed to satisfy the requirements of 69 71.12(b) and 71.101(b).

116

4 PART 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

6. The author'ty citation for Part 150 continues to read as follows:

AUTHORITY: Sec.161,.68 Stat.948, as amended, sec. 274.73 Stat. 688 (42 U.S.C. 2201, 2021): sec. 201.88 Stat 1242, as amended (42 U.S.C. 5841).

Sections 150.3, 150.15, 150,15a, 150.31, 150.32 also issued under secs.

lle(2), 81, 68 Stat.923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 201.4(e), 2111, 2113, 2114). Section 150.14 also issued under sec.

53, 68 Stat. 930 as amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, (42 U.S.C. 10155, 10161,). Section 150.17a also issued under sec. 122.66 Stat. 939 (42 U.S.C.

2152). Section 150.30 also issued under sec. 234.83 Stat. 444 (42 U.S.C.

2282).

7. In s 150.20, paragraph (b) is revised to read as follows:

(b) Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in activities in a non-Agreement State, in an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters under the general licenses provided in this section, the general licenses provided in this section are subject to all the provisions of the Act, now or hereafter in effect, and to all applicable rules, regulations, and orders of the Commission including the provisions of 5 30.7(a) through (f), 30.9, 30.10, 30.14(d), 30.34, 30.41, and 30.51 to 30.63, inclusive, of Part 30 of this chapter; Ss 40.7(a) through (f), 40.9, 117

6 40.10, 40.41," 40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 of Part 40 of this chapter; sf 70.7(a) through (f), 70.9, 70.10, 70.32, 70.42, 70.51 to 70.56, inclusive, 70.60 to 70.62, inclusive, and to the provisions of 10 CFR Parts 19, 20 and 71 and Subparts C through H of Part 34, is 39.15 and 39.31 through 39.77, inclusive, of Part 39 of this chapter. In addition, any person engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters under the general licenses provided in this section:

Dated at Rockville, Maryland, this /f day of May, 1997.

i For the Nuclear Regulatory Commission.

~

Joh ' . . Hoyle, /

Se tary of the Commission.

118

, A E 01 '2-7)D/L

[7590-01-P] A3 NUCLEAR REGULATORY COMMISSION Revision of the NRC Enforcement Policy AGENCY: Nuclear Regulatory Commission.

ACTION: Policy Statement: Modification.

SUMMARY

The Nuclear Regulatory Commission (NRC) is publishing a modification to its Enforcement Policy to add examples for categorizing the significance of violations of 10 CFR Part 34, Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations. By a separate action published today in the Federal Register, the Commission has issued a final rule amending 10 CFR Part 34. The modification to the Enforcement Policy reflects those amendments.

DATES: Consistent with the amendments to 10 CFR Part 34, this action is effective in 90 days or on the day the particular provision of 10 CFR Part 34 become effective. Comments submitted within 60 days of publication of this modification will be considered.

ADDRESSES: Send written comments to: The Secretary of the Commission, U.S.

Nuclear Regulatory Commission, Washington, DC 20555. ATTN: Docketing and Service Branch. Hand deliver comments to: 11555 Rockville Pike, Rockville,

Maryland, between 7:45 am and 4:15 pm, Federal workdays. Copies of comments received may be examined at the NRC Public Document Room, 2120 L Street, NW.

l (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, (301) 415-2741.

SUPPLEMENTARY INFORMATION:

The Commission's Enforcement Policy was first issued on September 4, 1980. Since that time, the Enforcement Policy has been revised on a number of occasions, most recently on June 30, 1995 (60 FR 34381). The Enforcement Policy was also published as NUREG-1600, General Statement of Policy and Procedure for NRC Enforcement Actions. As a result of amendments to 10 CFR Part 34 being published today as a final regulation, revisions are warranted to the Enforcement Policy to provide guidance on categorizing potential violations of the amended requirements. The revisions to the Enforcement Policy are being issued concurrently with the new rule.

The Policy recognizes that violations have differing degrees of safety significance. As reflected in the severity levels, safety significance includes actual safety consequence, potential safety consequence, and regulatory significance. Changes are being made to Supplement VI, Fuel Cycle and Materials Operations, to provide additional or amended examples of violations that are of significant concern and therefore should be categorized at Severity Level III. The changes are:

2

1. Example C.4 is being amended to edd a reference to uncertified persons. Conduct of licensed activities by an uncertified person is significant because the certification demonstrates that the person has received training in accordance with 10 CFR Part 34 or equivalent Agreement State regulation, has satisfactorily completed a minimum period of an on-the-job training, and has received verification by an Agreement State or an NRC licensee that the person has demonstrated the capability of independently working as a radiographer.

2. Example C.8 is being amended to add a reference to have present at least two qualified individuals. A failure, during radiographic operations, to have present at least two qualified individuals as required by 10 CFR Part 34 is significant because the requirement provides assurance that operational safety measures and emergency procedures will be effectively implemented.

3. Example C.12 is being added to address a failure, during radiographic operation, to stop work after a pocket dosimeter is found to be off-scale, or after an electronic dosimeter reads greater than 200 mrem, and before a determination of the individual's actual radiation exposure has been made. This example is significant because of the need to evaluate the potential to exceed regulatory limits and the need to take corrective action.

Conforming changes have been made in the sections affected by these revisions.

The existing examples for Severity Level III violations presently address other significant violations of the amendments to 10 CFR Part 34 such as a failure to perform surveys to determine that the sealed source has been returned to its shielded position, to properly monitoring site boundaries for access control, and to utilize qualified RS0s.

9 3

Therefore, the following revision is made to Supplement VI and will be reflected iri the next publication of NUREG 1600:

SUPPLEMENT VI--FUEL CYCLE AND MATERIALS OPERATIONS I -

i C. Severity Level III - Violations involving for example:

)

4. Conduct of licensed activities by a technically unqualified or l

uncertified person or;

8. A failure,'during radiographic operations, to have present at least two qualified individuals or to use radiographic equipment, radiation survey instruments, and/or personnel monitoring devices as required by 10 CFR Part 34; i

10. A failure to receive required NRC approval prior to the

, implementation of a change in licensed activities that has radiological or  !

l programmatic significance, such as, a change in ownership; lack of an RSO or replacement of an RSO with an unqualified individual; a change in the location p

- where licensed activities are being conducted, or where licensed material is l

being stored where the new facilities do not meet the safety guidelines; or a change in the quantity or type of radioactive material being processed or used 4 l

that has radiological significance; or

11. A significant failure to meet decommissioning requirements including a failure to notify the NRC as required by regulation or license condition, substantial failure to meet decommissioning standards, failure to conduct and/or complete decommissioning activities in accordance with regulation or license condition, or failure to meet required schedules without adequate justification, or

12. A failure, during radiographic operations, to stop work after a pocket dosimeter is found to have gone off-scale, or after an electronic dosimeter reads greater than 200 mrem and before a determination is made of the individual's actual radiation exposure have been made.

Dated at Rockville, Maryland, this _ day of 1996.

For the Nuclear Regulatory Commission.

John C. Hoyle, Secretary of the Commission.

l 5

-s 4

07 - t

. na J

ATTACHMENT 3 POLICY STATEMENT - MARK UP COPY WITH SRM 1

1

1 i

I

1. Example C.41s being amended to add a reference to uncertified persons. Conduct of licensed activities by an uncertified person is

,significant because the certification demonstrates that the person has received training in accordance with 10 CFR Part 34 or equivalent Agreement State regulation, has satisfactorily completed a minimum period of an on-the-job training, and has received verification by an Agreement State or an NRC licensee that the person has demonstrated the capability of independently working as a radiographer.

2. Example C.8 is being amended to add a r~eference to have present at Teastf two?qdalifije]Qi{ifjj]dgals emergency notices. A failure, during radiographicoperation.tohavepresent'at~1eastitwo30aljgsdgM)]aial.s emergency notices as required by 10 CFR Part 34 when only one radiographer is 1 present is significant because the1 requirement provids5%s5Efa;6@that operational safetf/siasdrsssandfemergency procedures:willjjejsffedtively implemented there needs to be notice to the public 4 f a radiographer is disabled.

3. Example C.12 is being added to address a failure. during radiographic operation. to stop work after.a pocket dosimeter is found to be off-scale. or after an electronic dosimeter reads greater than 200 mrem, and befofe a determination of the individual's actual radiation exposure has been made. This example is significant because of the need to evaluate the potential to exceed regulatory limits and the need to take corrective action.

Codfor~mi5fchsii@Eh^WEl#ssifEade;to;the1ssctf6hi?ifff6df6djlffithEsb revisl ions; The existing examples for Severity Level III violations presently address other significant violation _s_of the amendments to 10 CFR Part 34 such as a failure to perform surveys to determine that the sealed source has been returned to its shielded position, to properly monitoring site boundaries for 1

access control, and to utilize qualified RS0s.

3 1

i l

l L __ _ ._ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _

Therefore, the following revision is made to Supplement VI and will be reflected in the next publication of NUREG 1600:

SUPPLEMENT VI--FUEL CYCLE AND MATERIALS OPERATIONS C. Severity Level III - Violations involving for example:

4. Conduct of licensed activities by a technically unqualified or uncertified person er:

8. A failure, during radiographic operations. to have present at least two qualified individuals or to use radiographic equipment, radiation survey instruments. and/or personnel monitoring devices as required by 10 CFR Part 34:

10. [ insert: text))>;

11. A significant failure to meet decommissioning requirements including a failure to notify the NRC as required by regulation or license condition, substantial failure to meet decommissioning standardt. failure to conduct and/or' complete decommissioning activities in accordance with regulation or license condition, or failure to meet requir'de schedules without adequate justification, or 4

IN RESPONSE, PLEASE

. REFER TO: M961002

!. October 11, 1996 l- , MEMORANDUM FOR: James M. Tay1or Executive Director for Operations

John F. Cordes, Acting Director l_

~-

Office of. Commission Appellate Adjudication

.FROM: John C. Hoyle, Secretary /s/

SUBJECT:

. STAFF REQUIREMENTS J AFFIRMATION SESSION, 11:00 A.M., WEDNESDAY, OC'IOBER 2, - 1996, COMMISSIONERS'~ CONFERENCE ROOM,.ONE. WHITE i

FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

L SECY-96-100 - FINAL AMENDMENTS-TO 10 CPR PARTS 20 AND 35 ON CRTTERIA POR THE RETRASE OF INDIVIDUATE ADMINISTunun RADIOACTIVE MATERIAL

~

L The Commission approved a final rule which clarifies the

. applicability of.10 CFR Part.20 and 10 CFR Part 35 concerning l patient. release criteria.- These amendments: (1) provide a significant' expansion of the-discussion on breast-feeding, (2)

' clarify thatE 10 CFR 35.75 governs patient release, and (3) revise l- the criteria;for release of patients administered. radioactive l material for medical use under 10 CFR 35.75 to permit a maximum l- likely total effective dose' equivalent of 5 millisieverts (0.5 rem). ~

I:

'The staff-should revise the Statements of Consideration and other supporting documents, where appropriate, to be consistent with the dose limit as specified in the final rule. Also, the  !

guidance'should be published at the same time as the rule. l In a related' matter, the staff should address the Petition for

Rulemaking filed by the University of Cincinnati (PRM-020-024)*on  !

an expedited basis.

h (EDO) (SECY Suspense: 11/22/96)

LI.,,, - S ECY- 9 6 - 118 --AMENDMENTS TO 10 CFR PARTS 50, 52. AND 100,  ;

AND ISSUANCE OF A NEW APPENDIX S TO PART 50 The. Commission approved a' revision to the basic reactor siting.

criteria to reflect' advances in the earth sciences and earthquake i engineering.. The change revises 10:CFR Part 100 to.contain~a new l section on nonseismic' siting criteria as well:as the geologic and seismic siting' criteria. A new Appendix S to Part 50 provides [

. earthquake' engine riteria.

'bM a c)'

1'.

l 2) '

D gNLuws;,a u v pag) OS 1

The Commission has approved the use of the " worst" (or "any") two hours for the period used to evaluate dose to the public at the exclusion' area boundary.

The staf f should publish the final rule in the Federal Register with the modifications contained in the EDO's, memorandum to the Commission dated July 10, 1996 and incorporating the comments and editorial changes provided in Attachment 1.

(EDO) (SECY Suspense: 11/22/96)

III. SECY-96-136 - AMENDMENTS TO 10 CFR PART 60 ON DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES --

DESIGN BASIS EVENTS FOR THE GEOLOGIC REPOSITORY OPERATIONS AREA -- FINAL RULEMAKING The Commission approved amendments to 10 CFR Part 60 to address measures necessary to protect public health and safety for a broad range of normal and accident conditions during the operational period of a geologic repository. The final rule addresses measures that are required to provide defense in depth against the consequences of " design basis events."

The staff should publish the final rule in the Federal Register and include the Senate Energy Committee (Murkowski, Johnston) and the Nevada delegation in the Congressional notifications.

(EDO) (SECY Suspense: 11/22/96)

Commissioner Diaz, although approving this item, w'ould have preferred to wait until after the receipt of public comments on the HLW strategic assessment paper.

LL SECY-96-152 - FINAL RULEMAKING - REVISION TO 10 CFR PART 34, LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY RBOUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS AND REVISION TO THE NRC ENFORCEMENT POLICY l

The Commission approved amendments to 10 CFR Part 34 to make NRC regulations more compatible with the Agreement States that have already upgraded radiography requirements. The primary changes

! involve requirements for: 1) use of two qualified individuals-l whenever radiographic operations occur outside a permanent facility; 2) mandatory certification of radiographer; 3) a radiation safety officer; and 4) additional training for radiographer's assistants.

l l The staff should publish the final rule in the Federal Reaister ,

with the changes provided in Attachment 2. 1 (EDO) (SECY Suspense: 11/22/96) l i

Additionally, the staff should explore a mechanism for improving l its capability to conduct cost-benefit analyses as required in l NUREG/BR-0058 for regulations like Part 34.

V. SECY-96-185 - LOUISIANA ENERGY SERVICES 'CLAIBORNE i

l I - .- - - - . - -.--------------------

0 ENRICHMENT CENTER)- ATOMIC SAFETY AND LICENSING BOARD PARTIAL M), INITIAL DECISION (RESOLVING CONTENTIONS H. L. AND LBP-96-7 The Commission approved an order responding to the Citizens Against Nuclear Trash's petition for Commission review of an April 26, 1996, Atomic Safety and Licensing Board Partial Initial Decision (LBP-96-7). The order denies in part.and grants in part e -

the petition for'revies,'and directs that the emergency plan, the

. Safety Analysis Report (SAR), and the Safety Evaluation Report be amended brigade. to reflect the clarified role for the on-site fire (Subsequently, on October 2, 1996, the Secretary signed the Order.)

& SECY-96-209 - YANKEE ATOMIC ELECTRIC COMPANY (YANKEE NUCLEAR POWER STATION). DOCKRT NO. 50-029-DCOM. MEMORANDUM AND ORDER (Grantina Motion for Summary. Disposition) LBP-96-18 The Commission approved an order to (1) establish a filing cchedule for any petition for review and responses thereto '

regarding the Licensing Board's order granting Yankee Atomic Electric Company's motion for summary disposition; and (2) extend the Board's 12-day " housekeeping stay" of the effectiveness of LBP-96-18, pending further order of the Commission.

The Commission approved the proposed order with the changes in 1

John Cordes memorandum to the Commission dated October 1, 1996.

(Subsequently, on October 2, 1996, the Secretary signed the Order.)

Attachments:

As stated cc: Chairman Jackson Commissioner Rogers Commissioner Dicus

-Commissioner Diaz ,

Commissioner McGaffigan OGC OCAA OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR - Advance DCS - P1-24

c .

Comments and editorial changes to the Federal Register Notice (SECY-96-118 - Amendments to 10 CFR Parts 50, 52, and 100, and Issuance of a New Appendix S to Part 50):

1. The last two sentences on the bottom of page 20 regarding plant shutdown in the event of an operating basis earthquake (OBE) need to be revised in that they are worded in a manner that implies that structures, systems and components that are designed to withstand a safe shutdown earthquake (SSE) may not be able to withstand an OBE. This appears contrary to the stated purpose of SSE design requirements.

2. On page 30, line 6, delete the word "the" just prior to*the word "public."

3. On page 37, line 4, delete the redundant "the."

4. On page 38, item (3) , delete the "(ii) " at the end of the sentence.

5. On page 39, at the end of item (3), add "and the licensing basis is maintained." See also 50.54 (f f) .

6. On page 43, in item 16, move the word "follows" up on to the preceding line.

The staff should ensure that conforming changes are made to the regulations, where necessary, e.g., 10 CFR 21.3, to refer to either reactors.

Part 100 for current reactors or Part 50 for future The staff should review the proposed rule changes and the Statement of Consideration and make any modifications that are necessary to make it clear that existing requirements apply to all facilities that were licensed prior to the effective date of these new rules, including those previously-licensed facilities that seek renewed ilcenses under 10 CFR Part 54.

The staff should continue to study the use of organ dose weighting factors, as used in Part 20, and evaluate, in future rule changes, whether their use may be warranted for greater consistency.

Dose criteria have been placed in Part 50 for future applicants, but the staff has not addressed this for operating plants. The staff has been using the Part 100 dose criteria as a surrogate for estimating the consequences of design basis accidents.

Although not incorporated in this rulemaking, the staff should continue to work on appropriate guidance to accommodate applications for operating reactors, where appropriate.

Attachment 1

_. __ _. . . . _ _ _ _ _ . - - - - - - - - - - - - - - - - - - - - - - ' - - - - - - ' - - - - ' - - ' ' - - - ' " - - ' - ' ' - - - ~ - - " - - - - '

. Aro1- t Pb/z-ATTACHMENT 4 CONGRESSIONAL REVIEW LETTERS 4

" ';t c oq g* k UNITED STATES .

s* y NUCLEAR RE!!ULATORY COMMIS2lON l

'C WASHING 1oN. D.C. 20f44-0001  !

\...../ $

I 1

Mr. Robert P. Murphy  !

General Counsel l General Accounting Office 441 G. St., NW Washington, DC 20548

Dear Mr. Murphy:

j I

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996,5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule revising the regulations conceming licenses for industrial radiography. This revision is for the purposes of J

updating and improving safety in radiographic operations and incorporates certain provisions of regulations that have been adopted by the Agreement States. .

l

- The amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both ,

requirements enjoy a large measure of support from the industry and Agreement States and are '

meant to improve safety, encourage professionalism, and level the playing field for all radiography j participants. The anticipated costs to each licensee are expected to be about $34,000 to $82,000 for the first year, depending primarily upon the number of additional personnel required to meet the l two-person requirement, and an annual operating cost of about $5,000 to $53,000 in subsequent j years. We have determined that-this rule is not a " major rule" as defined in 5 U.S.C. 804(2).

]

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register  :

for publication. The Regulatory Flexibility Certification is included in the final rule. This final rule I is scheduled to become effective 30 days after publication in the Federal Reaister.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs .

Enclosure:

Final Rule l .

e <

o

_ _ . , _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ M

1 1*

Mr. Robert P. Murphy General Counsel

. General Accounting Office 441 G. St., NW Washington, DC 20548 I

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996,5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule revising the regulations concerning licenses for industrial radiography. This revision is for the purposes of updating and improving safety in radiographic operations and incorporates certain provisions of regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about $34,000 to $82,000 for the first year, depending primarily upon the number of additional personnel required to meet the two-person requirement, and an annual operating cost of about $5,000 to $53,000 in subsequent years. We have determined that this rule is not a " major rule" as defined in 5 U.S.C. 804(2).

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule. This final rule is scheduled to become effective 30 days after publication in the Federal Reaister. j

)

Sincerely, i Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule ,

1 Distribution:

C. Trottier R/F RES Files F. Costanzi

• j DOCUMENT NAME: g:\nellis\congttr.rev *See previo~us concurrence

= -.% . c, a m, -e . wir.e. i. ~ w c . c .nwe .n -u- w. r . c. .n* .uo u- w. c =r.

OFFICE RPHEB/DRA RPHEB/DRA OGC D/DRA D/RES D/OCA NAME DNellis* JGlenn* WOlmstead* BMorris DMorrison DRathbun DATE 6/19/96 6/19//96 6/19/96 6/19 /96 6/20/96 5/ /97 OFFICIAL RECORD COPY t

I

[ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -

_ _ _ _ ____ - -------------- - - - - - ~

~

Mr. Robert P. Murphy .

. General Counsel General Accounting Office l 441 G. St., NW .

Washington, DC 20548

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement' Fnirne'ss ~~

Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is -

submitting industrial radiography. a final rule revising the regulations concerning licenses for This revision is for the purposes of updating and improving safety in radiographic operations and incorporates certrin provisions of regulations that have been adorited by the Agreement States.

The amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both requirements enjcy a large measure of support from the industry and Agreement Stabs and are meant to improve safety, encourage professionalism, and lev %l the playing field for all radiography participants.

The anticipates costs to each licensee are expected to be about $34,000 to $82,000 for the first year, depending primarily upon the number of additional personnel required to meet the two-person requirement, subsequent years. and an annual operating cost of about $5,000 to $53,000 in defined in 5 U.S.C. 804(2).We have determined that this rule is not a " major rule" as Enclosed is a copy of the final rule that is being transmitted to ti.e Office of the Federal Register for publication.

Certification is included in the final rule.The Regulatory Flexibility become effective 30 days after publication in the This final rule Federal Reaister. is scheduled to Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule

s. m . n .o u.. a---. . m ,,, ,, ,,.m c . c.n === .a= . = . . r . e.n .w,.n-

.=_ f 4..m n OFFICE RPHEB/DRA RPHEB/DRA OGC D/DRA h_ , 4 D/OCA NAME DNellis hgk\ JGlenn gm WOlmkt v1 BMorris n URathbun DATE 06//f/96 06/Il3G 06//'/96 064t96 ([M6 / /96 0FFICIAL RECDRD CDPY "

f. ,a o_ u_a. _- _ _ - - - - - - - .

m

. q UNITED STATES j'

E j NUCLEAR REGULATORY COMMISSION p g WASHINGTON. D.C. 20555-0001 g

esse f

o l

The Honorable Al Gore President of the United l States Senate Washington, DC 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996,5 l U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule revising the regulations conceming licenses for industrial radiography. This revision is for the purposes of updating and improving safety in radiographic operations and incorporates certain provisions of '

. regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about

$34,000 to $82,000 for the first year, depending primarily upon the number cf additional personnel required to meet the two-person requirement, and an annual operatbq mst of about

$5,000 to $53,000 in subsequent years. We have determined that this rule is not a " major rule" as defined in S U.S.C. 804(2).

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register

' for publication. *The Regulatory Flexibility Certification is included in the final rule. This final rule is scheduled to become effective 30 days after publication in the Federal Reaister.

Sincerely, I

l l Dennis M. Rathbun, Director i Office of Congressional Affairs l _ , ,

Enclosure:

Final Rule l

h

+

l. .

l . - - - - . .

The Honorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Faimess Act of 1996,5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule revising the regulations conceming licenses for industrial radiography. This revision is for the purposes of updating and improving safety in radiographic operations and incorporates certain provisions of regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the mandatory certification of radiographer end a requirement for two-person crews at all non-permanent radiographic installations. Both requirement:: enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about

$34,000 to $82,000 for the first year, depending primarily upon the number of additional personnel required to meet the two-person requirement, and an annual operating cost of about

$5,000 to $53,000 in subsequent years. We have determined that this rule is not a " major rule" as defined in 5 U.S.C. 804(2).

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule. This final rule is scheduled to become effective 30 days after publication in the Federal Reoister.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule Distribution:

C. Trottier R/F RES Files F. Costanzi DOCUMENT rvAdit: g:\nellis\congitr.rev *See previous concurrence u . .c. eee.,,, - e i,,m.,.,,,e w. c .,. ., ewe.e,- - o , % . e . e .,,,, .e e,-v.m. n e <-

OFFICE RPHEB/DRA RPHEB/DRA OGC D/DRA D/RES D/OCA NAME Dnellis* JGlenn* WOlmstead* BMorris* DMorrison* DRathbun DATE 6/19/96 6/19/96 6/19/96 6/19/96 6/20/96 5/ /97 OFFICIAL RECORD COPY

The Honorable'Al Gore '

President of the United States Senate-Washington, DC 20510 ,

Dear Mr. President:

Pursuant to Subtitla : o."-:.ne Small Business Regulatory Enforcement Fairness-Act of'1996, 5 U.S.C. 50h -U.e Nuclear Regulatory Commission (NRC) is submitting a final, rule revising the regulations concerning licenses for -

)

industrial-radiography. This revision is for the purposes of updating and '

' improving safety in radiographic operations and incorporates certain provisions of regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the mandatory certification

. of radiographer and a-requirement for two-person crews at all non-permanent ,

radiographic installations.

Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about $34,000 to $82,000 for the first year, depending primarily upon the number of ' additional _ personnel required to meet the two-person requirement, and an annual operating cost of about $5,000 to $53,000 in subsequent years. We have determined that this rule is not a'" major rule" as defined in 5 U.S.C. 804(2).

Enclosed is a copy of the final rule that is being transmitted.to the Office of.the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule._ This final rule is scheduled to become effective 30 days after publication in the Federal Reaister.

> Sincerely, i l j t  !

1 Dennis K. Rathbun, Director Office of Congressional Affairs

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Enclosure:

Final Ru';

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l The Honorable Newt Gingrich Speaker of the United States House of Representatives -

Washington, DC 20515 Dear Mr. Speaker.

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Faimess Act of 1996,5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule revising the regulations concerning licenses for industrial radiography. This revision is for the purposes of updating and improving safety in radiographic operations and incorporates certain provisions of regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the rnandatory codification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about

$34,000 to $82,000 forthe first year, depending primarily upon the number of additional personnel required to meet the two-person requirement, and an annual operating cost of about

$5,000 to $53,000 in subsequent years. We have determined that this rule is not a " major rule" as defined in 5 U.S.C. 804(2).

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule. This final rule is scheduled to become effective 30 days after publication in the federal Reoister.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule

_ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ . _ _ _ _ . _ - _ .)

1 -

The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515 Dear Mr. Speaker Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996,5 U.S.C. 801, the Nuclear Regulatoiy Commission (NRC)is submitting a final rule revising the i regulations concerning licenses for industrial radiography. This revision is for the purposes of updating and improving safety in radiographic operations and incorporates certain provisions of regulations that have been adopted by the Agreement States. l The amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about

$34,000 to $82,000 for the first year, depending primarily upon the number of additional personnel required to meet the two-person requirement, and an annual operating cost of about

$5,000 to $53,000 in subsequent years. We have determined that this rule is not a " major rule" as defined in 5 U.S.C. 804(2).

Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule. This final rule is scheduled to become effective 30 days after publication in the Federal Reoister.

Sincerely, l

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule Distribution:

C Trottier R/F RES Files F. Constanzi DOCUMENT NAME: g:\nellis\congitr.rev

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1ThelHonorableNewt'Gingrich

- Speaker of the United States s

House of Representatives, Washington, DC 20515-

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is -

submitting. a final rule revising the regulations concerning licenses for industrial radiography.

improving-safety in. radiographic operations and incorporates certain-This r provisions of regulations that have been adopted by the Agreement States. ,

The' amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic-installations. Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve

. safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected 1

to be about $34,000 to $82,000 for the first year, depending primarily upon

' the number of additional personnel required to meet the two-person requirement, subsequent and an annual operating cost of about $5,000 to $53,000 in years.

defined in 5 U.S.C. 804(2).We have determined that this rule is not a " major rule"'as

~

Enclosed is a copy of the final rule that 1s being transmitted to the Office of. the Federal Register for publication.

. Certification is included in the' final rule.The Regulatory Flexibility become effective 30 days after publication in the ThisFederal final rule isl scheduled to Reaister.

Sincerely, i

Dennis K. Rathbun, Director i Office of Congressional Affairs 9

Enclosure:

Final Rule i

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• NUCLEAR REGULATORY COMMISSION g WASHINGTON, D.C. 2056fM001 g, * . + 9+ e i

i The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee is a copy of a notice of final rule to be published in the Federal Reaister. The Nuclear Regulatory Commission (NRC)is amending its regulations conceming licenses for industrial radiography for the purposes of updating and improving safety in radiographic operations. This revision also incorporates certain provisions of regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about

$34,000 to $82,000 for the first year, depending primarily upon the number of additional personnel required to meet the two-person requirement, and an annual operating cost of about

$5,000 to $53,000 in subsequent years.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Senator Bob Graham

The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee is a copy of a notice of final rule to be published in the Federal Reaister. The Nuclear Regulatory Commission (NRC)is amending its regulations concerning licenses for industrial radiography for the purposes of updating and improving safety in radiographic operations. This revision also incorporates certain provisions  !

of regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the mandatory certification of radiographer and a requirement for two-person crews at all non-permanent radiographic installations. Both requirements enjoy a large measure of support from the industry and Agreement States and l

are meant to improve safety, encourage professionalism, and levet the playing field for all radiography participants. The anticipated costs to each licensee are expected to be about

$34,000 to $82,000 for the first year, depending primarily upon the number of additional personnel required to meet the two-person requirement, and an annual operating cost of about

$5,000 to $53,000 in subsequent years.

1 Sincerely, l

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: . Senator Bob Graham DISTRIBUTION:

C. Trottier R/F RES Files F. Costanzi DOCUMENT NAME: o\nellis\congl.trs *See previous concurrence 10 fereive 4 CODV Of tMS $rupnt indtrate in the tma "C" = cony untimut attacturnt/ enclosure. *g* e cor,y with attartenent/encimure. *N" = Hn copy OFFICE RPHEB/DRA RPHEB/DRA D/DRA D/RES OGC NAME DNellis* JGlenn* BMorris* DMorrison* DRathbun DATE- 6/19/96 6/19/96 6/19/96 6/20/96 5/ /97 OFFICIAL RECORD COPY

1- ;

The Honorable-Lauch Faircloth, Chairman.

' Subcommittee on Clean Air, Wetlands, Private -

' Property and; Nuclear Safety Committee on Environment'and Public Works

~ United States Senate .

. Washington,LDC. 20510

Dear Nr.-Chairman:

. final rule to be published in the Federal Recister.Enclas4 4r-the

r,mbsion (NRC)-is: amending its' regulations concerning licenses for. The Nuclear Re!

. radiographic operations. industrial radiography for the purposes of updating a . .

of regulations that have been adopted by the Agreement States.This revis -

Jof radiographic radiographer installations. and a. requirement for two-person crew Both requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage radiography participants. professionalism,icipated The ant costs' toand level the pla the number of additional personnel required to meet the tw subsequent years. requirement, and an annual operating cost of.about $5,000 to $53,0 1

Sincerely, 1

Dennis K. Rathbun' Director ,

Office of Congressional Affairs 1

Enclosure:

Federal Register Notice cc: Senator Bob Graham

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DISTRIBUTION:

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UNITED SYNTES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.c. 205554001 The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce '

United States House of Representatives Washington, DC 20515 i

Dear Mr. Chairman:

l Enclosed for the information of the Subcommittee eoe is a copy of a n.i published in the FederalReaister. The Nuclear Regulatory n ng its Commi regulations concerning licenses for industrial radiography for the improving safety in radiographic operations. Thiser arevision and also incorp1 of regulations that have been adopted by the Agreement States. n provisions The amended regulations include a requirement forradiographer the mandatory ce 1 requirements enjoy a large measure of . o and support l are meant to improve safety, encourage professionalism, and level the radiography participants. The anticipated costs to each licensee are e

$34,000 to $82,000 for the first year, depending primarily onal out upon the nu

$5,000 to $53,000 in subsequent years. personnel srequired o a out to meet Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Frank Pallone t

C __ _ _ _ _ - - _ - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ -

4 l

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1 The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515 j

4

Dear Mr. Chairman:

i

~

Enclosed for the information of the Subcommittee is a copy of a notice of final rule to be pUbkshed in the Federal Begister The Nuclear Regulatory Commission (NRC) is amending its regulations conceming licenses for industrial radiography for the purposes of updating and improving safety in radiographic operations. This revision also incorporates certain provisions of regulations that have been adopted by the Agreement States.

The amended regulations include a requirement for the mandatory certification of radiographer

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and a requirement for two-person crews at all non-permanent radiographic installations. Both l requirements enjoy a large measure of support from the industry and Agreement States and are meant to improve safety, encourage professionalism, and level the playing field for all l radiography participants. The anticipated costs to each licensee are expected to be about

$34,000 to $82,000 for the first year, depending primarily upon the number of additional ,

personnel required to meet the two-person requirement, and an annual operating cost of about

$5,000 to $53,000 in subsequent years.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Frank Pallone DISTRIBUTION:

C. Trottier R/F RES Files F. Costanzi DOCUMENT NAME: o:\nellis\congits.trs *See previous concurrence To rereive a cTV Of thtt durummt . indicate in the bom "C" a copy without 6ttartment/ enclosure. *B" = egy with attachamt/ enc 10We. "N"

• NO Copy OFFICE RPHEB/DRA RPHEB/DRA D/DRA D/RES OGC NAME DNellis* JGlenn* BMorris* DMorrison* DRathbun DATE 6/19/96 6/19/96 6/19/96 6/20/97 5/ /97 OFFICIAL RECORD COPY

___ ___- - - - - - - - - - - - - - - ~ ~

The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives .

Washington, DC 20515 Ocar Mr. Chairman: "-

Enclosed for the information of the Subcommittee is a copy of a notice of final rule to be published in the Federal Reaister.

Commission (NRC) is amending its regulations concerning licenses forThe Nuclear Regula radiographic operations. industrial radiography for the purposes of updating and imp of regulations that have been adopted by the Agreement States.This revision a of radiographer radiographic installations.and a requirement for two-person crews at Both requirements enjoy a large measure of safety, encourage radiography participants. professionalism, and level the playing field for to be about $34,000 to $82,000 for the first year, depending primar the number of additional personnel required to meet the two-person subsequent years. requirement, and an annual operating cost of about $5,000 to $53,000 i Sincerely, Dennis K. Rathbun Director

Enclosure:

Office of Congress,ional Affairs Federal Register Notice cc: Representative Frank pallone DISTRIBUTION:

RPHEB R/F - JEGlenn Cir./Chron DKRathbun, OCA LBRiani Document Name: [o:\nellis\congl.trs]

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ATTACHMENT 6 PUBLIC ANNOUNCEMENTS

NRC AMENDS REGULATIONS l

. GOVERNING SAFETY OF INDUSTRIAL RADIOGRAPHY The Nuclear Regulatory Commission is amending its regulations governing industrial radiography to enhance safety of

~

radiographer and the public and to provide licensees with a better understanding of what is expected in radiography operations.

Radiography is a process that uses radioactive materials to make X-ray-like pictures of the inside of large objects, such as metal castings or welded pipelines, to see if they contain flaws.

A person who conducts radiography operations is known as a

" radiographer."

The NRC has approximately 170 radiography licensees, and the 29 Agreement States (which are states that have assumed, by agreement, part of the NRC's regulatory authority) have about 330 additional licensees.

The revised regulations require radiographer to be certified by an independent certifying organization or an Agreement State, in addition to meeting the existing training and qualification requirements.

The amendments also:

e Require two qualified persons--a ra . .ographer and a trained assistant--to be present any time radiography occurs at a temporary jobsite.

1

e i

1 e

o Require licensees to have a Radiation Safety Officer, with responsibility for ensuring compliance with radiation protection r'ules. The amended regulations set out qualifications, duties and training for this I position.

e Require additional training for radiographer's assistants. .

I A proposed rule on this subject was published in the Federal l Register for public comment on February 28, 1994. Changes to the rule were made as a result c,f comments received, which are discussed in the (date) edition of the Federal Regiscer.

2

4Eo7-t ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT d

REVISION OF 10 CFR PART 34 RADIATION SkFETY REQUIREMENTS FDP. INDUSTRIAL RADIOGRAPHY The Nuclear Regulatory Commission has amended its regulations that apply to industrial radiography to improve radiography safety. -

Environmental Assessment Identification of Prooosed Action Part 34 of Title 10 of the' Code of Federal Regulations specifies the radiation safety requirements for radiographic operations, including performance requirements for industrial radiographic exposure devices, radiation safety requirements for radiographer and precautionary procedures in radiographic operations. This revision imposes the requirements for mandatory certification of radiographer, a requirement for two appropriately trained individuals to be present at all non-permanent radiography sites (S 34.41). additional trair,ing for radiographer' assistants (S 34.43) the requirement for a Radiation Safety Officer (S 34.42). and clarifies the requirements for permanent radiographic installations related to installation of alarms and access control devices.

Need for the Proposed Action A number of revisions to the Suggested State Regulations made the NRC regulations different from many of the Agreement States' regulations. There has not been an overall revision of Part 34 in many years while a number of Agreement States have updated their regulations. A decision was made to

I develop an overall revision to 10 CFR Part 34 with the intent of clarifying the requirements so that licensees may have a better understanding of what is expected during radiographic operations.

t Environmental Imoacts of the Final Action

~

The revision of 10 CFR Part 34 should have no significant effect on the human environment. The changes in this revision of 10 CFR Part 34 are directed at improving the safety performance of radiographer and assistants in industrial radiography. The revision adds requirements for: mandatory certification of radiographer, two qualified personnel at all non-permanent radiography sites, the duties and qualifications for a Radiation Safety Officer (RS0). maintenance of specific documents at sites where radiographic operations are occurring, additional training for radiographer' assistants, additional recordkeeping and labeling requirements, leak testing of radiographic exposure devices, and describes when a permanent radiographic installation must be used. A number of the changes involve a reorganization of the regulations for the purpose of clarification, and includes some new definitions, as well as redefinition of some terms in the present regulation.

Normal ooerations During normal operations, the radiation dose due to external radiation outside of the radiographic exposure device should not be significantly different from the natural background levels present in the area. None of the proposed revisions to 10 CFR Part 34 are intended to increase the radiation dose from normal operations. Although direct radiation is the primary impact from radiography, direct radiation is controlled by the requirements for 2

design' and operation of the radiographic exposure device, surveying and posting requirements.to control public access to the area while radiographic l_ operations are occurring 'and training requirements for personnel handiing the sealed sources used in radiography.

Personnel monitoring of the workers handling the radioactive sources

~

confirms _that there is minimal risk of public exposure from normal radiographic operations.

i Accidents The operating history for radiography indicates that the most accidents g involving radiography have only resulted in direct radiation exposure to

. workers from equipment, failures or personnel errors, such as failing to

, properly. survey the area before. handling the equipment. The only cases where members of the public have been exposed to radiation resulted from failure on the part of radiography personnel to properly monitor the restricted area to prevent unauthorized entries by members of. the public. The revisions to 10 CFR Part 34 will further reduce the. likelihood of this occurrence by l upgrading the training of radiographer' assistants, clarifying survey j- requirements, and by requiring two persons to be present at all non-permanent radiography sites, to prevent unauthorized entry into high radiation areas by

[ ' members of the public.

Alternatives to the Final Action

- As required by Section 102(2)(E) of NEPA (42 USC 4322(2)(E)). possible alternatives to the final action'have been considered. The first alternative was' to adopt the revisions'as proposed. A second alternative considered was 3

e

9 i.

l .

to adopt the revisions as proposed, but not adopt the most costly provision

("two-person rule"). The third alternative was to take no action.

Amt.,dment of the existing regulations, including adopting the provision that requires two individuals to always be present was chosen as the best alternative. .

.l l

Alternative Use of Resources j No alternative use of resources was considered.

\

I Aaencies and Persons Consulted l

Consultations on the rule have been held with both Agreement State and  !

industry representatives at workshops held May 1992 in Mobile. Alabama.  !

l November 1992 in Dallas. Texas. December 1994 in Houston. Texas. March 1995 in i

Las Vegas Nevada, and April 1995 in Rockville. Maryland. l l

Findina of No Significant Imoact Accordingly, the Commission has determined not to prepare an environmental l impact statement for the final rule. Based on the foregoing environmental '

assessment, we conclude that this amendment will not have a significant effect 1 of the* quality of the human environment. I l

1 4

i f

4

.- Of67-2.

e he REGULATORY ANALYSIS 2-9

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OVERALL REVISION OF 10 CFR PART 34 1.0 Statement of the Problem The NRC has not initiated an overall revision of 10 CFR Part 34 in many years. During this time, a number of Agreement States have revised and updated their radiography regulations. The decision to develop an overall revision to 10 CFf: Part 34 was made with the intent of establishing new safety requirements for radiography licensees and clarifying the regulation so that licensees will have a better understanding of what is expected in radiographic l operations.

1.1 The Industry The radiography industry, which is the concern of this regulatory analysi.s. consists of approximately 450 firms in the United States that perform radioisotope radiography either at fixed locations or at multiple temporary jobsites. This industry employs about 10.000 full-time radiographer and radiographer' assistants. Approximately 160 of these firms are NRC licensees, employing about 3.200 workers of which about 800 are assumed to be radiographer' assistants (about 5 per licensee) and 2400 are radiographer (about 15 per licensee). The remainder of the firms (290) are Agreement States licensees. Roughly 20 percent of NRC licensed firms (30) conduct radiography at a single location, the other 80 percent (130) work at multiple locations generally referred to as temporary jobsites. Approximately 90 percent of the licensees are considered "small entities" under the criterion established in Section 605(b) of the Regulatory Flexibility Act of 1

l l

t

2 l

1980. Radiography device utilization by the industry is typically 0.4 1

radiography devices per individual or 2 devices for every 5 radiography personnel. The industry is believed to have approximately 4.000 devices in use, of which 1.200 are used by NRC licensees. Typically. radiographic exposure devices employ either cobalt-60 or iridium-192 radioisotope sources.

Most of the radiography licensees are in the business of non-destructive testing, in which radiography represents only part of their total income:

however, a few firms work only in radiography. Much of the work in the field (e.g. , temporary jobsites) involves the inspection of welds in bridges; oil. .

gas..and other pipelines; and in the steel framework of commercial buildings under construction. {

1 I

1.2 Chanaes The changes to 10 CFR Part 34 are directed at improving industrial radiography safety performance. This revision specifies requirements for mdndatory Certification of radiographer, a re-definition of a permanent radiographic installation new requirements for the designation of and the qualifications for a Radiation Safety Officer (RS0), reduced mandatory inspection frequency of radiographer' and radiographer' assistants' performance additional training for radiographer' assistants, specification of required documents at various radiographic operations sites, additional recordkeeping and labeling requirements, reduced frequency of survey meter calibrations, and a new requirement for leak testing of radiographic exposure i

1 devices. A number of the changes involve a reorganization of the regulations for clarification. The revision includes some new definitions and the redefinition of some terms in the present regulation. i i

2 l

l l

l 2.0 Objectives The NRC is revising its regulations governing industrial radiography for purposes of improving radiography safety. The revision includes additional safety requirements that will enhance the level of protection of radiographer, radiographer' assistants. and the public, and clarifies the regulations so that licensees will have a better understanding of what is expected in radiographic operations. There has not been an overall revision of 10 CFR Part 34 in many years while many of the Agreement States have updated their radiography regulations. This revision incorporates certain provisions of the updated Agreement State regulations. The format of this revision has been modified to place requirements into categories that describe the type of requirements that are found in each subpart.

3.0 Alternatives The alternatives are to revise 10 CFR Part 34 as planned, adopt the proposed requirements with the exception of the "two-person rule." or to take no' action at this time and continue the status quo.

Alternative 1 - Revise 10 CFR Part 34 as Planned Adoption of this alternative would result in a comprehensive revision of 10 CFR Part 34. Many of the changes involve rearrangement of sections of the current regulation and rewording to make the regulations more understandable.

The revision would also make 10 CFR Part 34 more consistent with Agreement State regulations.

The most significant new requirements are for two-qualified individuals to always be present whenever radiographic operations occur outside of a 3

i .

l permanent installation, mandatory certification of radiographer, and

! additional requirements for Radiation Safety Officers. Other changes to I .

! 10 CFR Part 34 brought about by this rulemaking include: recordkeeping, labeling, additional training for radiographer' assistants, and additional

! testing of certain radiographic exposure devices.

L Alternative 2 - Revise 10 CFR Part 34 as Planned. But Do Not AdoDt the "Two-l Derson Rule" Adoption of this alternative would include all of the proposed ]

requirements discussed in Alternative 1. except for the provision to require

two qualified individuals to always be present whenever radiographic operations are performed outside a permanent installation.

Alternative 3 - No Action Alternative 3 would be to take no action at this time and continue in the status quo. This alternative would leave in place those portions of the current 10 CFR Part 34 that are inconsistent with the regulations of many Agreement States.

l 4.0 Imoacts i i

Alternative 1 - Revise 10 CFR Part 34 as Planned i

i

1. NRC l Adopting Alternative 1 should not have a significant impact on NRC l resources to review license applications since most of the additional l

> requirements in this overall revision would not require license amendments.

4

1 Little additional time will be needed to inspect implementation of the 1

additional requirements. Currently. it takes a week to review a license application. and three-quarters to one day to inspect a licensee. The additional requirements specified in this alternative should not substantially increase either application review or inspection time.

2. Licensees The discussion of the impacts of this rule'en NRC licensees is separated 1

.into (a) major impacts that would result from substantive new requirements.

and (b) minor impacts that would result fron requirements such as additional recordkeeping and device testing. The impacts for Agreement States were not included in this assessment because several Agreement States already incorporate many of the requirements of this revised rule in their regulations. Multiplying the values obtained in this analysis by a factor of 3 will provide an upper estimate of the total costs for both NRC and Agreement State licensn 4 to imolement the rule, and assumes that all Agreement States would need to adopt the.se requirements.

a. Maior imoacts

i. Two-Person Crews The two-person crew requirement can add to the cost of performing radiography at locations where there is no permanent radiographic

. installation. Nonetheless, a number of Agreement States have had such a requirement in their regulations for several years, and consider'it both necessary and beneficial. In many of these States the requirement is to have a minimum of two fully qualified radiographer at each temporary jobsite. In 5

I l r l

these States radiographer' assistants or radiographer trainees. although l present and working at the jobsite. are not considered to be part of the l required two-persori crews. The NRC requirement. however, would specify that the two-person' crew as a minimum be composed of one qualified radiographer and one individual who meets the qualifications of a radiographer's assistant.

Radiographer s helpers. used by some of the larger radiography licensees to patrol and survey radiation boundaries, and not trained to the level of a l radiographer's assistant, would not qualify to be members of the two-person 1

crews.

As stated previously. 80 percent of the industrial isotope radiography occurs at locations other than permanent radiographic installations. It is assumed that approximately one-fourth (800) of the NRC radiography personnel discussed in Section 1.1 are radiographer' assistants. Also it is assumed, for the purpose of estimating the cost of the two-person crew amendment, that under the present regulations 70-85 percent of the jobsites require two or more radiographer or radiographer' assistants. NRC regulations have always  ;

required licensees to maintain visual surveillance of radiographic operations to protect against unauthorized entry into a high radiation area. In many cases, this requires the presence of more than one qualified individual, therefore a large percentage of NRC licensees are already using two or more 1 .

. i l individuals at temporary job sites. This requirement would affect only those situations in which licensees use caly one qualified radiographer in the performance of radiography. l The additional cost of implementing this requirement is estimated to be i

$24.000 per licensee per assistant. This figure was calculated by using the following: a radiographer's assistant is paid $12 per hour (including 6

t i

benefits), works 2.000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> per year, and thus, earns $24.000 per year. It is estimated that of the 15-30 percent of the field or temporary radiography jobs which do not currently require a two-person crew. some 50-75 percent of licensees already use 2-person crews on a voluntary basis. Therefore. the assumpt' ion is made that under the new requirc.c.t 30-60 licensees would each need to hire 1-3 radiographer' assistants. At a cost of $24.000 per assistant this would result in an implementation cost in the range of $24.000-

$72.000 for each of the 30-60 licensees. The estimated implementation cost to the NRC regulated radiography industry is in the range of $720.000-

$4.3 million. The projected 10 year operating and maintenance cost would be in the range of $168.480-5505.440 per licensee, based on each of the 30-60 l licensees spending between $24.000 and $72.000 per year for 10 years, discounted at a rate of 7 percent. The total cost over 10 years would be in the range of $5.1-$30.2 million for the 30-60 affected NRC licensees used in the analysis. The annual non-discounted operating and maintenance costs for l

the two-person rule is the same as the implementation cost.

i ii. Mandatory certification for radicarachers The revision to the training requirements in S 34.43(a) requires mandatory certification for all radiographer. Currently. certification has been optional under 10 CFR Part 34. and to date 644 radiographer have been certified through the voluntary ASNT program.

In developing the voluntary radiographer certification rule (see 56 FR l

11504: March 19. 1991), the ASNT estimated that the cost to the industry for certification to be approximately $300 to $400 per radiographer. These l l L estimated costs consist of $95 for examination and certification fees for ASNT j 7

l 1 i l

C-____-__-______----_-_- J

members. $140 for non-members. The remainder represents estimates for travel, food, and lodging for persons applying for certification. Travel costs, which represented a significant fraction of the total cost. could not be estimated with certainty became the number of locations at which the examination would be offered was uncertain. However. ASNT has indicated that it expects to offer the examination at as many locations as possible. Therefore. most examinees could travel to and from the testing site by automobile the same day, thus eliminating lodging costs. Under these circumstances, the staff estimates the cost of travel and food to be about $100. The ASNT certification is valid for 5 years, and those who qualify for re-certification without examination will be charged $55 for members and $100 for non-members.

Individuals who fail the examination will be charged $60 to re-take the examination. For the purpose of this analysis, the initial cost is estimated to be $240 ($140 ASNT non-member fee and $100 travel costs) per radiographer.

and $3.600 per NRC licensee, assuming 15 radiographer per NRC licensee. The i

cost for re-certification without examination is estimated to be $200 ($100 ASNT non-member fee + $100 travel costs) per radiographer. For those j radiographer who would require re-testing, the cost would be higher.

Assuming all radiographer are not ASNT members this would result in an initial industry fee of $576.000 for all 160 NRC licensees, and an annual estimated operating and maintenance cost of $96.000 if one-fifth of the total number of radiographer are re-certified per year (certification remaining valid for 5 years). This translates into an annual cost for each licensee of

$600. The projected 10 year operating and maintenance cost will be $4.212 for 4 each licensee and $673.920 for all NRC licensees.

8 L-

i :

i iii. Radiation Safety Officer The requirement in S 34.13(g) to designate a Radiation Safety Officer (R50) is new. Currently Regulatory Guide 10.6. describes the information applicants must submit in applying for a license. The guide requests the applicants to submit the name of the individual who would be responsible for the supervision of the radiation safety program. In addition, the guide states that this individual should be a qualified radiographer with a. minimum of 1 year of actual experience as a radiographer, but the guide does not specifically list the duties of this individual. The new S 34.42 lists both the qualifications and the specific duties of the RSO.

The first item listed under the RSO's qualifications in S 34.42. namely.

the requirement to complete the training and testing requirements for a qualified radiographer, should not have any significant economic impact on licensees. The second item requires that the RSO have a minimum of 2.000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> of hands-on experience in industrial radiographic operations as a qualified radiographer as required by S 34.43(a) and have 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of training in the establishment and maintenance of a radiation protection program. It is believed that this additional training could cost each licensee $1.800 ($500 for the training. $500 for the transportation to and from the training. $320 for meals. lodging, and expenses while attending the training, and $480 in salary and benefits ($30/hr X 16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br />)). This results in an initial cost of

$288.000 for the estimated 160 NRC licensees. Also, this estimate assumes that' currently, there'are no RS0s who would meet the requirements of the new rule, which is unlikely.

9 u________ __-

iii. Additional Trainina of Radiographer' Assistants Paragraph 34.43(b)(1) will require that the radiographer' assistants be given instruction in the following portions of SS 30.7. 30.9. 30.10. and applicable sections of 10 CFR Parts.19 and 20. They must also be given instruction in applicable Department of Transportation (DOT) regulations and in the NRC license (s) under which the radiographer will perform radiography.

This is in addition to the current requirements to provide instruction in the licensees operating and emergency procedures. It is estimated that this requirement will entail an additional day of training for all radiographer' assistants. Making the assumption that each of the 160 NRC licensees currently have 5 radiographer' assistants and some of them (30-60) will hire 1-3 assistants to meet the two-person rule for a total of 830-980 assistants, and a further assumption that one radiographer's assistant will be replaced each year per licensee, the costs of the additional training can b.e determined as follows: if each radiographer's assistant is paid a salary of $12 per hour (including benefits), and each receives 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> of instruction, it would result in a cost of $96 per assistant.or a cost of $480 to $768 per licensee ,

for all 5 to 8 assistants. plus a cost to the licensee of $240 ($30/hr X 8 {

hours)-for salary and benefits of the RSO who will conduct the training: for a total one-time licensee cost of $720 to $1008. This estimate assumed that the RSO would conduct the training of all of the licensee's radiographer' assistants at the same time. The result of these assumptions is an additional one-time impact for all 160 NRC licensees of $115.200 to 161.280. Replacing

only one radiographer's assistant each year would result in an annual cost of I

! $336 per licensee to train a replacement radiographer's assistant. This cost 1

accounts for the $96 for salary and benefits and the $240.for the RSO 10 L

conducting the training. The projected 10 year operating and maintenance cost

~

would be $377.395 for all 160 NRC licensees.

iv. Jnsoections of Radicarachers and Radiographer' Assistants Durina Actual Doerations The frequency of inspections of the job performance of radiographer and radiographer' assistants would be changed from quarterly to semiannual. This change would provide some relief to licensees by reducing the costs of inspections of on the job performance by 50 percent. Assuming that the

~1icensee's RSO performs the inspections, that each inspection takes 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />, and the RS0's salary and benefits are on the order of $30 per hour, the cost 1 to each NRC licensee is about $590 per inspection, assuming a cost of $500 for the RS0's travel expenses to temporary jobsites per inspection. Under the 4 current regulation, inspections are required every 3 months for each worker.

Assuming that each licensee that performs radiography in a permanent facility I has an average of 10 individuals, the current annual cost to the 30 licensees i

that perform radiography in a permanent facility is $108.000, using 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> of the RS0's time per individual. By assuming that each licensee performing field radiography has an average of 20 individuals (or 15 teams assuming that 1

under the current rule some teams are comprised of 3 individuals and some may be lone radiograohers) the current annual cost to the 130 licensees is

$4.602.000. Therefore, these inspections currently cost the NRC licensed industry $1.177.500 per quarter or $4.710.000 per year. This rulemaking revises the' inspection period from a quarterly basis-to a semiannual basis and L

would result in an operating and maintenance cost savings of $2.355.000 to all NRC licensees or an average of $18.115 per licensee. This results in a l

11 l

l I

l : ,

10-year projected operating and maintenance cost savings of $16.532.100 to all NRC licensees, or an average of about $127.170 per licensee.

(

2.b. Minor Imoacts

1. Testina for Deoleted Uranium (DU)

Section 34.27(e) of the final rule requires that licensees leak-test those radiographic exposure devices containing DU shielding in which the source,is moved from its shielded position in the device to an unshielded position outside the device by means of a control cable. The purpose of the

. leak-test is to verify that the "S" tube, through which the cable moves, has not been degraded to a state where the control cable function could be limited. Such leak-tests are to be performed at intervals not to exceed

12. months and may be performed by the licensee using acceptable leak-test kits. Alternatively, the licensee may return the device to the manufacturer for performance of the leak-test. If the testing reveals the presence of DU contamination, the exposure device must be removed from use until an evaluation of the wear of the "S" tube has been made. The estimated cost for such a leak-test is estimated to be $25 if the licensee performs the leak-test and $75 if the leak-test is performed by the manufacturer. Using an average cost of $50, the cost to NRC licensees to perform the leak-test on the approximately 1.200 devices in use is $60.000 annually, or approximately $375 per licensee. Based upon past experience, wear of the "S" tube occurs only after.an average of around 6 years of use, indicating that approximately 200 devices per year will indicate the presence of DU contamination and require additional evaluation. Assuming the cost of shipping the device to the l

manufacturer or other qualified evaluator plus the cost of the evaluation to l

12

be $150 per device, the additional cost to these licensees would be $30.000, with a total cost of $90,000 to all licensees or approximately $563 per licensee. The projected 10 year operating and maintenance cost, including shipping, will be $631,800 or $3,952 per licensee.

ii. Documents Recuired at Various Locations Section 34.89 requires certain documents to be available at field stations and temporary jobsites. A field station is a location where radiography equipment is stored and from which equipment is dispatched to temporary jobsites where radiography is to be conducted. Because most permanent installations are located at a licensee's place of business where all records are normally stored, this requirement will impact only those 130 licensees that operate at temporary jobsites or field stations. .The impact on NRC licensees to have these documents available will be a $150 cost per licensee per year with an industry cost of $19.500. This was determined assuming a $10 per hour labor rate for clerical staff (including benefits),

and an estimated 15 hours1.736111e-4 days <br />0.00417 hours <br />2.480159e-5 weeks <br />5.7075e-6 months <br /> to have the documents available. The projected I I

10-year operating and maintenance cost will be $136.890.

iii. Recordkeepino. Notifications and Labelino Other changes that appear in this revision fall into the realm of recordkeeping and include the addition of required signatures, listing of serial numbers of devices in use in the utilization logs, records of depleted l- uranium leak-tests performed, written notifications whenever a material will I

be used or stored for more than 180 days at a location not listed on the license, and at a minimum, a sign to alert the public of the potential hazard f 13 ,

i 1

1 in the event the radiographer becomes incapacitated. New requirements for recordkeeping, notifications and labeling are expected to cost approximately

$200 per licensee or a total of $32.000 for all NRC licensees. The projected 10-year operating and maintenance cost will be $224.640.

iv. Radiation Survey Instruments .

l l The calibration interval for radiation survey instruments is being l

l extended from 3 months to 6 months since it is believed that more frequent calibration is not needed and that any change in instrunent response would be detected during the daily operability check of the meter. These changes will provide some relief to licensees by reducing the costs of radiation survey l

instrument calibrations by 50 percent. The cost of calibrating a radiation 1

) survey instrument is approximately $100 per instrument. Assuming that there is'a total of 1.200 radiation survey instruments that must be calibrated every 3 months. the operating and maintenance costs would be $120.000. By requiring

.the instruments to be calibrated every 6 months the annual savings to all licensees would be $240.000 or $1.500 per licensee. The projected 10-year operating and maintenance cost will be $1.684.800 or $10.530 per licensee. f l

l l

l v. Permanent Radicaraphic Installations l

l Although the current regulation requires both visible and audible warning signals to be installed at " permanent radiographic installations."

.some licensees have misinterpreted the requirement and have classified what

'should be permanent installations as temporary jobsites, and have not installed the required warning signals. This rulemaking revises the definition of a permanent radiographic installation. As noted above.

14

approximately 20 percent. or 30. of the NRC licensees operate at single locations. This rulemaking wifl result in an initial cost of $3.000 per facility for installation 'of alarms. and an annual cost of $50 for operating and maintenance per NRC licensee. It is unlikely that all NRC licensees will I need to install additional alarms. If an assumption is made that the 30 licensees cited above are the only ones with radiography cells, and that one-half would need to install additional alarms to meet the new requirements.

there would be an initial industry cost of $45.000 for the 15 licensees installing additional alarms with a projected 10-year operating and maintenance cost of $351 per licensee and a total of $5.265 for the 15 licensees used in the analysis.

. vi. Quality Assurance

]

Currently. radiography licensees that transport radioactive material in a Type B container are required by S 71.12(b) to have a Quality Assurance (0A)

Program approved by the Commission in addition to a radioactive material license. Since radiography licensees will no longer be required to apply for l OA Program approval. they will no longer need to pay the fees associated with the approval.

Cost savings associated with this rule change only apply to those l radiography licensees that are not licenses for permanent installations. or 130 radiography licensees. Fees associated with a OA program approval are as follows: initial application - $320: amendment - $240: renewal - $340: annual l fee - $1.000. Approximately 40 new programs approvals 30 amendments and 30 renewals are issued each year to radiography licensees. Using the fees and actions.taken on approvals as specified above. this rulemaking results in a 15 l.

annual fee reduction to the radiography industry of $30.200 for new amended, or~ renewed approvals and an additional reduction of $130.000 in annual fees.

Alternative 2 - Revise 10 CFR Part 34 as Planned. But Do Not Adopt the "Two-Derson" Rule

1. NRC Adopting Alternative 2 should not have a significant impact on NRC resources to review license applications since most of the additional requirements in this overall revision would not require license amendments.

Little additional time will be needed to inspect implementation of the additional requirements. Currently, it takes a week to review a license application, and three-quarters to one day to inspect a licensee. The additional requirements specified in this alternative should not substantially increase either application review or inspection time.

2. Licensees The consequences of this alternative would be the same as Alternative 1.

except that the provision for the "two-person" rule would not be adopted.

Based on occupational exposure data submitted to the NRC on an annual basis, the maximum likely benefit from adoption of the two-person provision would be to avoid 1-2 overexposure per year (6-100 rem of averted dose). In addition.

2-3 severe extremity or skin overexposure with deterministic effects might be avoided over a 10-year period. By assuming that adoption of the mandatory two-person provision would result in elimination of radiography overexposure at the level experienced in the last 10 years, the $2,000/ person-rem guideline would indicate that the' annual cost would need to be less than $80.000 to 16

justify inclusion of the two-person requirement, and the lowest estimated 10 year operating cost is $5.1M. Table 2 shows that without this provision.

there would be an overall cost savings to all NRC licensees of $21 million, when a discount rate of 7 percent is applied over a 10-year period. However, it should be pointed out that NRC licensees would still need to use two-person l -

crews when working in certain Agreement States which will result in increased expense to these licensees. Both Texas and Illinois require both individuals to be certified radiographer.

Alternative 3 - No Action The primary consequences of this alternative would be that although NRC licensees would be free to voluntarily implement some or all of the recommendations made by the Agreement States, they woulc not be required to do 4 so under 10 CFR Part 34. This would continue the statns quo of having different standards in the Agreement States, would not have the potential benefit of reducing the frequency of overexposure in radiography and.would I

not provide any of the regulatory reliefs.

5.0 Decision Rationale l

The changes presented in the proposed revision were carefully chosen on the basis of recommendations from the radiography industry including users and manufacturers of radiography equipment and the Agreement States. As indicated in the Alternative section above. the decisions available are to revise 10 CFR Part 34 as proposed, revise part 34 as proposed but not adopt the "two-person rule." or to take no action at this time. The first alternative incorporates the recommendations of the Agreement States and thus 17

______._._____________.___________________U

makes NRC's requirements consistent with the Agreement State regulations. but may result in a final rule that is not cost-effective. The second alternative ~

would make NRC's requirements less consistent with the Agreement States' regulations and would not include the "two-person rule " but would result in a rule with a cost savings.

l The fir.st alternative was chosen, even though there may some cost 1

associated with its adoption, on the basis that there will be an overall enhancement in safety by always requiring a second' qualified individual at temporaryjobsites. Because industrial radiography involves the use of highly 1

radioactive sources, there is a need to have high assurance that sufficient measures are undertaken to ensure that the source remains in its shielded position when not in use. More overexposure have resulted in the radiography industry than in any other licensed activity, primarily due to inadequate 1

source and equipment handling. By requiring a second qualified individual to be present, there will be greater assurance that the radioactive material will be properly handled, thus, reducing the potential for additional overexposure.

l l

6,0 Implementation The final. rule.will be published in the Federal Reaister and will include an effective date for implementation of the changes to allow licensees time to make the_ required changes.

I 18 1 i f

I L _ ._. _ _ _ _ _ _ _ _ _ _ _ __ ________ __ _____- --- ------ _ ____________

7.0 Costs

- A summary of the costs of the above amendments, based on the estimates made above are given 'in Table 1 for Alternative 1 and in Table 2 for

' Alternative'2.

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Af 07 - 2 PON Wednesdaf97 May 28, i t

Part IV Nuclear Regulatory Commission 10 CFR Parts, 30,'34, 71 and 150 Licenses for Industrial Radiography and Radiation Safety Requirements for

, Industrial Radiographic Operations; Final Rule .

Revision of the NRC Enforcement Policy; Notice E i

y 28948 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations NUCLEAR REGULATORY " Suggested State Regulations for Contrst rule. Following these workshops, an COMMISSION of Radiation," developed by the additional 31 cbnynent letters were Conference of Radiation Control received, bringing the total to 89 public 10 CFR Parts 30,34,71 and 150 Program Directors (CRCPD), Inc., in comment letters.

developing the proposed regulation. This final rule includes a partial RIN 3150-AE07

, The proposed rule also addressed the granting of the petition, PRM-34-4, in Licenses for Industrial Radiography p tential msolution of a petition from that it requires, at a minimum, a two-and Radiation Safety Requirements for the International Union of Operating person crew whenever radiographic industrial Radiographic Operations Engineers (IUOE), Local No. 2, operations are being conducted outside requesting en amendment to the of a permanent radiographic ACENCY: Nuclear Regulatory radiography regulations to require the installation. The NRC has decided not to Commission. presence of a minimum of two adopt the term " radiographer trainee,"

ACTION: Final rule, radiographic personnel when (which was one of the options proposed performing industrial radiography at in the petition) but is requiring instead

SUMMARY

The Nuclear Regulatory temporary jobsites (PRM-34-4). Beed that the second person be another Commission (NRC)is amending its on comments received on this petition qualified radiographer or an individual regulations governing industrial (35 out of 38 comments)in favor of a who has met, at a minimum, the radiography. This final rule updates two person requirement, the proposed requirements for a radiographer's radiation safety requirements in order to revision to 10 CFR Part 34 included a assistant. The NRC recognizes that,in enhance the level of protection of provision for at least two qualified Agreement States, the training of those radiographer and the public. By a individuals to be present anytime individuals designated as trainees separate action published today in the radiographic operations are undertalen would meet and generally exceed the Federal Register, the Commission has outside a permanent installation. NRC's training requirements for a issued a modification to the The other major provisions of the radiographer's assistant. Trainees are Enforcement Policy that reflects these proposed rule were to:(1) Require required to successfully complete the amendments to 10 CFR Part 34. mandatory certification of 40-hour course on the subjects listed in EFFECTIVE DATE: June 27,1997, radiographer, (2) specify the. S 34.43(g), while a radiographer's FOR FURTHER INFORMATION CONTACT: Dr. qualifications and duties for a radiation assistant has to meet only those Donald O. Nellis or Mary L. Thomas, safety officer, (3) include additional requirements in S 34.43(c) and is not Office of Nuclear Regulatory Research, training requirements for radiographer' required to complete the 40-hour course U.S. Nuclear Regulatory Commission, assistants, and (4) clarify the definition described.

Washington DC 20555: Telephone:(301) of a permanent radiographic The estimated cost of requiring the 415-6257 or 4154230. installation. The proposed ruls also two-person crew could be significant for revised the format of 10 CFR Part 34 to licensees who currently send only one SUPPt.EMENTARY INFORMATION: place requirements into categories that radiographer to a temporary jobsite.

1. Background. more accurately describe the llowever, the current regulation requires II. Final Rule Pmvisions and Response to requirements found in,the rule.

• direct surveillance of the operation tc Public Comments on the Proposed Rule.

Hl. Conforming Rule Changes. II. Response to Public Comments on the prevent unauthorized entry into a high Proposed Rule and Final Rule radiation area. To comply with this IV. Agreement State Compatibility. regulation, most licensees already must V.1 implementation., Provisions VI. Findmg of No Significant Environmental use more than one qualified individual The comment period on the proposed in many situations.

VII. I pe o k P du tion Act Statement. rule cl sed May 31,1994, but the NRC In summary, the Commission believes VIII. Regulatory Analysis, continued to receive comments while that by requirmg at least two qualified IX. Regulatory Flexibility Analysis, developing the final rule. By mid. Individuals to always be present when X. Backfit Analysis, December 1994, a total of 58 public radiographic operations are being comment letters were received on the conducted, there will be a significant L Background proposed rule. Many commenters increase in assurance that operational Part 34 of Title 10 of the Code of expressed opinions and safety measures and emergency Federal Regulations was first published recommendations on several sections of procedures will be effectively in 1965 (30 FR 8185; June 26,1965) the proposed rule while others implemented. The expectation is that during the recodification of existing to commented on only a single section. In ' violations involving failures to perform CFR Parts 30 and 31. Part 34 established developing a final rule, the NRC held a adequate radiation surveys of a new part devoted specifically to workshop in Hour on. Texas, on radiographic exposure devices and the regulating the safe use of sealed sources December 13-15,1994, to discuss the surrounding area, failures to adequately of byproduct materialin industrial resolution of public cornnts received post and monitor the mstricted area, and radiography. Numerous modifications up to that date on the I ropcsed rule. In failures to lock and secure the camera made by a number of Agreement States addition, the NRC discuased its views when not in use will becomo less to corresponding regulations led to a and sought comments on several of the frequent. Louisiana and Texas adopted decision,in 1991, to develop an overall key provisions of the proposed rule at two-person crews several years ago and revision to 10 CFR Part 34. an industry workshop held in Las report a significant reduction in Subsequently, the NRC published a Vegas, Nevada, on March 20,1995, and incidents and exposures. Many of the i proposed rule on February 28,1994 (59 the April 1995 workshop for Agrevment other Agreement States have since FR 9429), that incorporated a number of State program managers. The transcripts adopted the requirement because of the recommendations made at meetings of these rnectings, which are available implicit safety benefit implied in having ,,

with the Agreement States and industry for inspection and copying in the NRC two persons available to cope with in 1991 and 1992. The NRC also Public Document Room,2120 L Strout emergency situations. Furthermore,if an reviewed the radiography regulations NW. (Lower Level), Washington DC, incapacitating injury to a radiographer from Texas, Louisiana, Cancda, and the were reviewed in developing tlm final should occur at a remote location, the

i

' Federd Regi;ter / Vol. 62, No.102 / Weducsday, May 28, 1997 / Rules and Regulations 28949 l

l . pres:nca of a second individual could verification of radiographer training. .radiog.aphy, and Underwater be an important factor in preventing The tenns Collimator and S-tube were radiography. Some of the definitions in

! unnecessary radiation exposures. The added to describe pieces of equipment the proposed rule were changed in Commission is amending the that are used in conducung radiographic response to comments. Annual safety l ) Enforcement Policy as a result of this operations. The terms Field station and review was changed to Annual refresher final rulemaking to provide, as an Temporary jobsite were added to clarify safety training to clarify that its purpose example of a Severity level III violation, the meaning of these commonly used is training. Projection sheath was the conduct of radiography operations terms. The term Radiation safety officer changed to the more commonly used without the required second was added to define the role of this term, Guide tube, and Beam limiter was radiographer or individual with, at least, individual in industrial radiography. changed back to its original term, the qualifications of a radiographer's The terms Associated equipment, Collimator. The term working position assistant as provided in 6 34.41. . Control tube, Exposure head Practical as used in the definition of Exposure The remaining issues addressed in the examination Projection sheath, and head means the location of the comments received on the proposed Source assembly were added because, equipment during operation.

rule and the NRC responses to those while used in the regulation, they were Radiography was changed to Industrial comments are discussed under the not previously defined. radiography to reduce any confusion applicable CFR section.. The proposed rula presented with medical uses. Field examination Section 34.!: Purpose and Scope m deifications to the definidons of was changed to Practical examination to -

Pennanent radiographic installation, clarify that it need not occur in the field.

This section of the final rule is . Storage area, and Storage container. The in response to a comment raised on basically unchanged from the existing definition of Permanem radiographic regulation, with the exception of minor installation was modified to remove $ 34.43. Training, a definition for hands-clarifying changes.Other NRC on experience was added to the final ambiguities in the existing definition regulations,such as Parts 19,20,21,30, concerning what the phrase, " intended rule. The other new definitions in the 71,150,170, and 171, that apply to p posed rule are adopted in the final >

for radiography," meant. The definitions ru7e without change. l radiography licensees are now , of Storage area and Storage container referenced by number in this section, were modified to remove references t Definitions for defect and and " radiography" is changed to malfunction, which are defined in to transportation *

industrial radiography

• to distinguish CFR Part 21 were not added to 10 CFR it from medical uses. No comments Comment Part 34 to avoid the potential for were received on this sectica. The six comment letters that confusion should to CFR Part 21 be addressed this section requested several revised without anY subse9uent revision Section 34.3: Definih.ons additions, clarifications, and changes to to 10 CFR Part 34, and a': a result these This section pmvides definitions for the proposed and existing definitions, terms were to be defined differently in terms used in this part.The proposed ~ One commenter requested adding a Parts 34 and 21. The definition of rule included a number of new section addressing the unique aspects of Radiographer certification already definitions, as well as proposed underwater, offshore platform, and lay. Includes individuals certified by revisions to a number of existing barge radiography. Another commenter certifying entities (i.e., Agreement definitions. requested defining the term " control States) and therefore no change was The proposed rule contained drive mechanism" because it is used in made to thefinal rule. No definition was definitions for the following new terms the definition of control tube, added for transport or transport not previously addressed in 10 CFR Part Clarification of the meaning of the terms container, although the Agreement 34:A1 ARA, Annual safety review, " annual safety review," " field States are free to adopt or use Associated equipment, Decquerel, examination," and " radiographer's definitions for these terms.

Certifying entity, Collimator, Control assistant" was requested. One Changing the definition of tube, Exposure head, Field examination. Agreement State (Illinois) requested that Radiographer's assistant was discussed Field station, Cray, Independent the definition of permanent at the November 1992 workshop in certifying organir.ation, Projection radiographic installation not be changed Dallas, Texas. Some Agreement States sheath, Radiation safety officer, as proposed, that the definition of use the term " trainee" to refer to a ,

1 Radiographer certification, Radiographic radiographer certification be broadened radiographer's assistant and also require, operations, S. tube, Shielded position, to included authotir.ation by an training in the subjects in S 34.43(g).

Sievert, Source assembly, and A NRC only requires this training for Temporary jobsite. ahment State, the term that the Commission radiographer trainee, and radiographer. Although the NRC is not The term ALARA (as low as is the term working position be explained, adopting the term trainee or requiring reasonably achievable) was added to They further requested that definitions radiographer' assistants to have the describe a key element of the revised of malfunction, defect, transport, and same training as radiographer, the standards for protection against transport container be added and Agreement States are not prohibites!

radiation in 10 CFR Part 20. The terms suggested a number of editorial changes from using the term in their, Becquerel, Gray, and Slevert were added to the definitions to make them similar requirements or from reqmrmg the to deEne the metric units used in all to definitions in the Suggested State additional training.

new or revised regulations. The term Regulations used by many of the Annual safety review was added to Sectidn 34.5: Interpretations Agreement States.

clarify what was meant by the term This section, whilc not in 10 CFR Part periodic training used previously in Response 34 previously, was added to the

$ 34.11. The terms Certifying entity, la response to public comments, the proposed rule because this is standard Independent certifying organization, NRC has added five new definitions to regulatory language used to state that end Radiographer certification were the final rule: Control cable Control onh the General Counsel of the NRC l

cdded to describe terme associated with drive mechanism, Lay-barge has the authority to provide the proposed requirements for radiography, Offshore platform interpretations of the regulations which l

.' 28950 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations will be binding on the Commission. No inspections of radiographer and The final rule specifies that licensees comments were received on this section. radiographer' assis,tants from quarterly must designate an RSO and potential t annually. They stated that there is RSO designees. No change was made in Section 34.8:Information Collection great benefit m conducting quarterly the final rule as requested in the l Requimments: OMB Approval inspections and recommended keeping comment described above, because the I

l This section was basically unchanged the quarterly requirement. Three rule is clear that the RSO's l in the proposed rule, except for commented favorably on the responsibility is to ensure that the l changing the section numbers to requirement to designate and identify an radiation safety program is implemented l conform to the new format of the RSO (S 34.13(g)). One commenter in accordance with NRC regulations and I

proposed rule and to list any new suggested that the RSO should only be with the licensee's operating and requirements that require OMB responsible for ensuring that a radiation emergency procedures. Further approval. No comments were received safety program was implemented rather discussion on the qualifications and on this section. than being the one who must implement duties of this individual are addressed Section 34.13: Specific IJcensefor it as the proposed rule had suggested. under S 34.42.

in resp nse to comments on S 34.27 Industriallfadiogmphy Response that testing of radiographic devices for This section (previously 5 34.11). Although some commenters suggested DU contamination should be provides the basic requirements for WJ the quarterly inspections of incorporated in the section on testing of l submittal of a license application which rad.lographers and radiographer' scaled sources for leakage, 6 34.13(h)

I must be met satisfactorily before NRC ussMams should be maintained, the was added. This paragraph requires that will approve the application. A number Commission believes that the increased DU shielding,in addition to sealed of changes to this section were training required for radiographer' sources, be tested for leakage. In proposed, including a reduction in the arsistants, the requirement for the response to comments received on inspection fraquency of job performance certification of radiographer, and the $ 34.89 that provisions in the proposed i for radiographer and assistants, a appointment of an RSO to oversee rule requiring retention of records at i requirement for submitting procedures training and job performance,will specific locations was overly for verifying and documenting the compensate for the reduction in the burdensome, a new 5 34.13tk) was certification status of radiographer, a numbers of inspections performed. added to require license applicants to requirement to designate and identify a llowever, the Commission agrees with identify the locations where all records  !

Radiation Safety Officer (RSO) the commenters that the benefits gained will be maintained. This provides the {

by these inspections indicate that a responsible for the licensee's radiation licensees with greater flexibility.

safety program, provisions for leak semiannual frequency may be preferable ,

testing for depleted uranium leakage on and has modified the final rule to. Section 34.20: Performance require semiannual inspections. The Requimments forIndustrial those radiographic exposure devices ,

that uso depleted uranium for shielding, requirement for conducting the field Rud'ogmphyEquipment l l and a requirement to provide the inspections for radiographer and This section specifies requirements location and description of all field radiographer' assistants has been for industrial radiographic equipment stations and permanent radiographic moved to S 34.43 to more accurately performance and use. Only a few installations. reflect its role in the training program. changes to this section were presented The requirement for conducting field Additional information concerning the in the proposed rule. The proposed inspections of job performance of specifics of these inspections is given in changes primarily addressed equipment l radiographer and assistants was moved S 34.43(e). modifications and labelling  ;

to S 34.43 to more accurately reflect its Paragraph (b) specifiw 'aat training requirements. The proposed rule would role in the training program. In addition, for industrial radiographer and have prohibited modification of l'

' a requirement for conducting annual radiographer' assistants must meet the radiographic exposure devices, and refresher safety training was substituted requirements of S 34.43. The new associated equipment. The term, source for the previously used term of periodic requirement to establish procedures to assembly, was added to S 34.20(c) to training. These changes are described verify the certification status of make it clear that it is one of the pieces

, more fully under the discussion of radiographer applies to previously of equipment that must meet the l 534.43, certified radiographer hired by the requirements of S 34.20. Section 34.20(f)

The requirement to conduct tests to licensee. Ilowever, the licensee will be was added in the proposed rule to l

required to ensure that all radiographer require labeling of all associated identify depleted uranium (DU) 1 contamination w6s added to detect wear are certified when this requirement equipment acquired after January 10, through the "S" tube into the DU becomes effective, (2 years after the final 1990, to identify that the components shielding. Such a condition could cause rule is published in the Federal have met the requirements of S 34.20.

binding of the control cable in the Register). Section 34.13(b)(2) permits licensees to use certified radiographer Comment groove and possibly prevent the radiographer from retracting the source. before the mandatory 2-year Six comment letters addressed this A new requirement was proposed to implementation date in lieu of section. Three commenters were l

identify procedures for conducting leak describing its initial training program in concerned that $ 34.20(b)(1) specifies tests for sealed sources and radiographic the subjects outlined in S 34.43(g). With that the label required for the device exposure devices containing (DU) the adoption of mandatory certification was to be attached by the user when in l

shielding if the licensee intends to for industrial radiographer, the final practice most of the information perform the leak testing. rule has been revised to delete the required is supplied or attached by the requirement that licensees include a supplier.

Comment description of their training program in Two commenters expressed concern Nine comment letters addressed this the radiation safety topics in S 34.43(g) that the proposed rule did not seem to section. Six opposed changing the for radiographer in their license allow modifications whether they i

frequency of required licensee application. compromised safety or not, which

Feder;l Register / Vol. 62, No.102 ] Wednesday, May 28, 1997 / Rules and Regulations 28951

,^. differed from the existing $ 34.20(b)(3). shall ensure that the information appropriate, provided the tests used One commenter requested examples of required is attached, whether the

" reasonably foreseeable abnormal closely approximate the crushing forces information is added by the licensee or likely to be encountered in normal use.

3 conditions" discussed in S 34.20(c)(1). by the manufacturer. Rather than continue to review case One commenter expressed concern over la light of the comments received. specific exemptions to achieve this, the the crushing and kinking tests for the paragraph (b)(3) of the proposed rule, guide tube listed in S 34.20(c)(5) and rule has been modified to specify the which prohibited any modification of use of both crushing and kinking tests stated that the rule implied that each exposure devices and associated appropriate to the conditions of use.

guide tube had to be tested instead of equipment, has been deleted and the testing a prototype and then using . existing (b)(3) modification language is Section 34.20(f)

_ Quality Assurance / Quality Control (QA/ retained.

QC) procedures in the design of Paragraph 34.20(f)in the pro;iosed Section 34.20(c) rule, which specified that all associated subsequently manufactured guide tubes.

Finally, one commenter was in response to a comment requesting equipment acquired after January 10, concerned with S 34.20(f) in the an example of a ,' reasonably foreseeable 1990, had to be labelled to identify that abnormal condition one example components met the requirements of proposed rule that requires labeling of S 34.20, is deleted in the final rule. The all associaud equipment acquired after w uld be where the coupling between January 10,1996. The commenter was the source assembly and the control NRC is currently re-evaluating the concerned that a large amount of cable cannot be unintentionally applicability of the ANSI Standard associated equipment that meets ANSI disconnected should the guide tube be N432-1980 for associated equipment. In N432-1980 and 10 CFR 34.20, and is severed. response to comments raised on the proposed rule and subsequent currently in use is not labelled. Because Secuon 34.20(c)(5) comments from a number oflicensees compliance can be determined only at the time equipment is manufactured, With respect to the comment received requesting interpretation of Information relating to this Notice 96-20, issued on April 4,1996, the commenter was concerned that the rule impliekaragraph, qualified associated equipment miy not had to be tested;that each guidestatingtube that the NRC will consider the need for an this is neither true nor amendment to S 34.20. In the interim, be authorir.ed for use. The commenter practical. It is the NRC's intent that the also raised another concern as t9 what NRCinspections will jocus on safety components would have to be labelled. tests prescribed involve prototype issues and inc! dents reladng to devices and components. The ANSI associated equipment.

c en e s d at c of Standard N432 covers criteria for the Section 34.21: Limits on levels of nipples are examples ofitems that it design of new devices and for qualifyin8 iladiation for Stomge Containers and

' " rds.

may not be practical to label. The $1s are ap 93 2 Sj Souwe Changers commenter also pointed out that a included in the rule because ANSI This section specliies the limits on properly labelled coutrol assembly may N432-1980 contains crushing and radiation exposure levels for variou not meet the ANSI requirements if one kinking tests that are specific for the equipment associated with industrial ofits components is replaced by a control cable and labelled replacement component from a sheath (tube) only. The existingthe control cable radiography Metric equivalents to different manufacturer. values previously cited were added to paragraph (c)(5) was intended to apply the proposed rule. Because radiation Response the crushing tests specified for the exposure instruments currently use controls to the guide tubes, and to apply units of roentgeu to measure Sections 34.20(o)and (b) a kinking resistance test that radioactivity, the proposea rule Minor changes were made in each of approximated the forces encountered specified that measurements taken in these paragraphs to clarify what is during use. Ilowever, the NRC received roentgens could continue to be recorded meant by radiographic equipment. The a few requests for the use of guide tubes in terms of roentgens, provided the  ;

terms " source assembly" and "soaled in special applications where the guide limits described in the rule would not j source" were added to S 34.20(a) und (b) tubes could not comply with the be exceeded.  !

because those items are addressed h the crushing test criteria stipulated in the ANSI Standard N432-1980. Comment standard. Comments received from the i

Secuan 34.20(b) airline industry on the 1990 equipment One comment was received on this i rule (55 FR 843), indicated that the section that indicated S 34.21(b) was The Commission recognizes that the special guide tubes used in testing confusing as written because the manufacturer generally provides much aircraft engines would not pass either language in the proposed rule stated of the information required concerning the kinking test or crushing test that S 34.21 would only apply to storage the equipment initially and generally specified in the ANSI standard. The containers.

affixes a label to the device. If a NRC's response, at that time, was to -~'

replacement source or source assembly state that persons with special Response -

is installed or a licensee's name, requirements apply for an exemption NRC agrees and has rewritten S 34.21 telephone number, etc., changes, it is under S 34.51. Ilowever, the in the final rule to specify the radiation the licensee's responsibility to make Commission has reconsidered its exposure limits f.>r storage containers  ;

appropriate changes to the label. decision, and while concluding that the and source changers and to delete j Although the requirement to have the crushing tests specified in ANSI N432 requirements for radiographic exposure label attached to the radiographic. should be adequate for the majority of devices from this section. Because all '

exposure device by the user has been guide tubes in use, the NRC also radiographic pipment in use after part of the regulation since 1990 and recognizes that the tests specified in January le s6, will be required to j

was not a change made in the proposed ANSI N432 are not sufficient for all meet ANN N432-1980, the reference to '

rule, the paragraph has been rewritten cases and that other tests may provide requirements for equipment in the final rule to state that the licensee an equal level of safety and may be more manufactured before January 10.1992,

1 1

28952 I'ederal Register / Vol. 62. No.102 / Wednesday, May 2(1, 1997 / Rules and Regulations l 1s no longer needed and has been proposed 5 34.23(a). The final rule method was to use an appropriate check deleted from the final rule. contains requirements that the source be source for the radiation field. Two secured after each exposure [S 34.23(a)). commenters suggested that some of the

! Section 34.23: Locking ofRadiographic Paragraph (a) in the final rule requires newer instruments could retam their Exposure Devices, Storage Containers the radiographic exposure device to calibration for up to 6 months as '

""d S "### Cl*"8"8 have a lock or a locked outer container required by S 34.25(b)(1), but five felt This section requires locking of and specifies that it shall be kept locked that a 3. month calibration period should radiographic equipment to protect the with the key removed, when not undet be maintained, citing the rough public from inadvertent exposure to the direct surveillance of a radiographer treatment and hostile environment in radiation. The proposed rule included or a radiographer's assistant. In which field radiography was performed.

additional requirements for locking addition, S 34.40(b) requires the licensee One commenter suggested that the radiographic exposure devices before to survey the radiographic exposure calibrations should be made by persons movement and,if there is a keyed. lock, device and guide tube after each licensed by the NRC or an Agreement' for removing the key at all times, when exposure when approaching the device State.

not under the direct surveillance of a or the guide tube to ensure that the radiographer or a radiographer's source has been returned to the shielded Response assistant. position. The Commission has The operability check, originally determined that this requirement proposed for S 34.25. has been moved to Co"""""t provides for adequate safety without the S 34.31 because this section is a more Twelve comments were received on need for additional requirements to appropriate location for the the new proposed S 34.23(b), ten disconnect guide tubes before any requirement. As recommended, the opposed the provision and two movement. The proposed rule included suggested method for performing an suggested word changes. Examples the statement that the source be operability check has boca changed to were: manually secured in those exposure . use a check source or other appropriate (1) The requirement to disconnect the devices manufactured before January to, means. The suggestion that the control cables from the exposure device 1992. This statement has been deleted regulations specify that persons before moving from one location to in the final rule because all devices in performing calibrations be licensed by anotherin the same immediate area use after the effective date of this final the Commission or an Agreement Stato involves too much wear and tear on the rule, must meet the requirements of is not adopted at this time. The source assembly connection. This could S 34.20 including automatic securing. Commission does not believe that the lead to equipment fatigue. suggested requirement is necessary Section 34.25: Radiotion Survey because licensees must submit operating (2) Industrial radiographer work under less than friendly situations in Instruments and emergency procedures with their deep and muddy ditches and often This section (previously S 34.24) application under 5 34.13. Because these under stress. They may also work in specifies requirements for radiation would include a licensee's calibration situations where one pipeline is tied survey instruments. The proposed rule procedures, an adequacy review of the into another and many radiographs, all included a requirement to perform an calibration procedures would be within a short distance of each other, operability check before use. The conducted prior to granting a license.

are required. Stress is high on the proposed rule also reduced the These procedures are reviewed in detail radiographer under these conditions frequency of survey meter calibrations as part of the licensing process, thus because people are waiting. Requiring from quarterly to semiannually and adopting an additional requirement to the disconnecting and re-connecting of provided specific calibration protocols license individuals performing these cables before moving the radiographic for linear, logarithmic, and digital scale calibrations could be an unnecessary exposure device for successive instruments, including an accuracy burden.

exposures only a few feet apart would requirement of plus or minus 20 The time interval for celebration percent. These changes were made to . under $ 34.25(b)(1) was not changed only add to that stress and result in judgment errors which in turn could reflect current calibration standards and from the 6-month frequency specified in result in possible overexposure. to address the v alety of survey meters the proposed rule, liowever, a (3) Because many exposure devices currently available. In addition, the requirement to conduct inspection and now have, and all will soon be required proposed rule required that records of maintenance of these instruments on a to have, an automatic source securing the instrument calibrations be quarterly basis has been included in device, requiring that the control cables maintained. S 34.31. Equipment malfunctions are ,

I be removed before moving the device as Conumrnt (enerally ing out ofnot due to the instrument little as a few feet is unnecessary and calibration, but to some adds no additional measure of radiation Ten comments were received on this other failure. The Commission believes safety. section. Three commented on the that more frequent calibrations are not (4) All of this connecting and necessity for performing a daily needed because significant changes in disconnecting would drastically operability check. One commenter instrument response should be detected l increase the introduction of objected to using the projection sheath during the daily operability check. j contaminants into the control tube or (guide tube) port of a radiographic Section 34.27: Leak Testing and guide tube and cause excessive wear exposure device as a suitable radiation field for the operability check,and l

rep acement of Sealed Sources and would also increase radiation This section (previously S 34.25) exposure to the extremities of the stated that if the source were not  ;

radiographer concerned. properly locked and shielded within the stipulates that licensees leak test sealed device,it would be possible for the sources while in use and radiographic Response operator to receive an overexposure if exposure devices that employ DU for .

The NRC agrees with the commenters the survey meter being checked for shielding. The proposed rule included a and has deleted the proposed S 34.23(b) operability were malfunctioning. This requirement that the performance of a from the final rule and modified the commenter suggested that a safer source exchange or a leak test must be

Fed:rel Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations 28953

, msde by persons authorized by the tests. liowever, the Jnterval between the defective equipment from service until

, Commission or an Agreement State.The DU tests must not exceed 12 months, repaired was also included, and that a proposed rule also included a unless the device is in storage, with the record of the defect, as well as the requirement that radiographic exposure provision that it be tested before use or corrective actions taken, must be made.

' devices using DU shielding be tested for transfer. Section 34.27(e)in the final contamination at intervals not to exceed rule has been modified to reflect this mment 12 months unless the device was in change. The requirement for disposal of Three comments were received on storago. The presence of DU a DU contaminated device in a facility this section. Commenters indicated that contamination could be an indication of licensed under to CFR Part 61 has been the daily checks should be more than "S" tube wear that could lead to the deleted since 10 CFR 40.13(c)(0) Just visual checks and that they should binding of the control cable with the exempts natural or depleted uranium include operability checks to reveal any resultant inability to retract the source. metal used as a shielding constituent in equipment problems. The commenters The proposed rule also specified that a shipping container, provided it is indicated that the components should leaking radiographic exposure devices appropriately labelled and the metal is be maintained in accordance with the be disposed of at a facility licensed to encased in mild steel or equally fire manufacturer's specifications and that l

handle low. level waste. the mcording requirements should resistant metal of minimum wall -

I Comment thickness of Va inch (3.2 millimeters). include maintenance performed even if this is performed by another, such as the Six comments were received on this Section 34.29:QuarterlyInventory . manufacturer.

section. One commenter stated that the This section (previousiv $ 34.26) l additional test requiring a check for DU specifies requirements for conducting a R**E"'"

contamination could probably not quarterly inventory. The proposed rule The NRC agrees that both visual and

+

l discriminate between a leaking surce was essentially unchanged from the Perability checks of equipment should l and DU contamination. Two be made daily and has modified existing regulation, with the exception commenters suggested that DU testing paragraph (a) accordingly. The proposed of moving all recordkeeping not be required for devices in storage. requirements to S 34.69. rule would have only required that Another suggested that the DU testing survey instrument operability be be integrated into the required 6-month Comment evaluated daily with a check source or leak test for the sealed source. One One commenter requested an editorial other appmpriate means. By requiring a i

commenter stated that disposal should change to this section, daily operability check, the likelihood not be limited to a facility licensed of the radiographer relying on a under to CFR Part 61. The last Response defective instrument should be reduced.

commenter pointed out that DU testing in maponse to the comment, the final Although it may be a good practice to was important since the drive cable rule clarifies that an inventory of all maintain the equipment in accordance travels through the worn part of the "S" devices that utilize DU shielding is also with the manufacturer's specifications, tube, and if the wear is significant, the required. requiring this in the final rule is not I cable picks up uranium contamination Section 34.31: Inspection and necessary, provided the licensee has and users are exposed to this contamination durin connecting and Maintenance ofRadiogwphic Exposum appmpriate procedures for conducting Devices, Tmnsport and Stomge TNtin8 in8pection and maintenance.

disconnecting contro s etc. and while

"*I '" "U "** **4" " 'h*

the contamination level is low, it is poor Containers, Associated Equipment' licensee to have written procedures for health h sics practice to allow Soun C1mngus, and Sumy the inspection and routine maintenance indivi ua a to have unprotected contact I#***"'8 of radiographic equipment.

with contaminated items. This section (previously $ 34.28) la response to a comment on S 34.35 Response addresses requirements for the various regarding moving the transportation types of inspection and maintenance requirements in 10 CFR parts 71 and 34 The NRC recognizes that the detection activities that licensees must perform to to reduce the confusion to licensees, the of DU contamination does not imply ensure that equipment is in good QA requirements for maintenance of ]

that the wear on the "S" tube is operating condition, sources are transport packages have been included sufficient to remove the exposure device properly shielded, required labels are in this section. This, together with a from use. Ilowever, it is sufficient to present, and components important to require that a borescope or other minor conforming change to 10 CFR safety are functioning properly. Records Part 71, will relieve an existing burden )'

suitable inspection be made to establish of these inspections an maintenance on radiography licensees, who will no the degree of wear. Most nondestructive performed are to be kept for 3 years. longer need to separately submit a evaluation (NDE) firms have the The proposed rule extended capability to conduct their own transport package QA program inspection and maintenance checks to inspection. Firms that do not have this description for approval. The prescribed include associated equipment. written procedures must include capability could send the device to the Associated equipment includes various

! procedures necessary to inspect and manufacturer or to some other items used for specific tasks which may maintain Type B packaging ut.ad to

! inspection service company for the not be supplied with the radiographic transport radioactive material.

exposure device. Experience has shown in[sheection NRC has and evaluation.

determined that leak that defects in associated equipment can Section 34.33: Permanent Radiogmphic testing services are available that can have an effect on safety. The term 1"8' Il fiD"5 I discriminate between DU contamination routire maintenance was used in the This section (previously S 34.29) and sealed source contamination. The propose'd rule to clarify that licensees specifies the safety requirements that NRC has no ob}ection to increasing the are not required to perform all must be in place for any permanent frequency for the DU contamination maintenance. Many equipment repairs radiographic installation. The proposed tests so that they are performed may require returning the device to the rule was basically unchanged from the concurrently with the sealed source leak manufacturer. A requirement to remove existing regulation except that daily l

t i

l

. 28954 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations checks would be required for both the transportation of radioac.tive material order to ensure that adequate safety l visible and audible alarms in place of used in industrial radiography. The measures are in place before conducting l testing the alarm systems at intervals proposed rule contained requirements radiographic operations. The proposed not to exceed three months. Entrance to lock and physically secure transport rule specified that all radiographic controls of the type described in packages and to store licensed material operations conducted at locations of use 5 20.1001(a)(1) would be tested monthly m a manner that minimizes the darger listed on the license must be conducted under the proposed rule, instead of from explosions or fire. The proposed in a permanent radiograpide every 3 months. rule also contained a requirement for a installation. The NRC has always Finall ,the oposed rule would have QA program, as described in S 71.105. believed that radiography performed in require that, i an entrance control a fixed facility, meeting the device or an alarm is o erating Comment requirements of S 34.33, would provide

! improperly,it would b labelled as Three comments were received on a safer environment for workers and the defective and repaired before operations this section. All requested that the public. If licensees need to perform l are resumed. applicable Department of radiography at their place of business Transportation (DOT) regulations, outside of a permanent facility due to Comment including the QA requirements on some unique circumstances, i.e., item to j Six comments were received on this packages, be included in 10 CFR Part be radiographer is too large for the

section.Two of the commenters 34. facil , Commission authorization believed that the monthly testing of woul be required.The roposed rule l entrance controls was redundant if there Response included a requirement or two l was also a requirement for a daily test. The NRC agrees that certain individuals to be present whenever l Two others were concerned that no requirements in 10 CFR Part 71 relating radiographic operations occur outside of '

! provision was made for surveillance of to a QA program should be relocated in a permanent installation. One of these )

! high radiation areas around the roof of to CFR Part 34. The Commission has individuals is required to be a fully I those installations whem the shielding made a determination that inspection qualified radiographer and the other l Is insufilcient to mduce the radiation Programs for industrial radiography individuals required to be a below the level of a high radiation area. containers meeting the requirements of radiographer's assistant meeting the l

l One commenter expressed a concern $ 34.31(b) will satisfy the trements requirements specified in 5 34.43(c).

that there was no prov;nion for use of in S 71.101. While radiograp y licensees l the facility should the visual and have always had to comply with the Q.A Comment audible alarms become defective and requirement for transport packages in 10 More than 50 comments were require some time to repair. Two CFR Part 71, there have been numerous received on this section 42 in favor and l

commenters also suggested that the cases where they were unaware of this 11 opposed. Those not in favor of alarm system be tested with a source requirement and, therefore, failed to ado ng the two-person requirement rather than by turning on the exposure comply.The inclusion of this cite he additional cost for the second device. uirement in 10 CFR Part 34 will individual as the major reason. Some re uce the burden on radiography suggested modifying the requirement to

Response

l licensees to submit a QA program for . allow use of less qualified people such The NRC agrees that the exposure NRC approval separately. Much of the as security guards for the second device need not be used to check the same information on inspection and ludividual. Another suggestion was to alarm system and has changed maintenance that was required as part of allow the RSO to determine when a l

l paragraph (b)in the final rule the license application was similar to second individual was required. One I

accordingly. The NRC has added words that information required for a QA comment addressed radiography ,

to help clarify the difference between program under to CFR Part 71. A performed within a factory environment entrance control devices described in revision to S 71.101 has been made to where access could be controlled by one

$ 20.1601(a)(1) and the alarm systems state that the inspection and radiographer who could lock access to

described in 5 34.33(a)(2). Daily testing maintenance programs for radiographic the site to prevent persons from entering is required for the audible and visual exposure devices, source changers, or during radiography operations. Those in alarms described in S 34.33(a)(2); packages transporting these devices that favor of the requirement cited the Systems whereby the radiation level is meet the provision of S 34.31(b) or increased safety provided by having two t

automatically reduced upon entry equivalent Agmement State regulations, individuals present at all times. Several

! ($ 34.33(a)(1)):equire monthly testing. need not be submitted separately as a commenters pointed out that the The final rule has been revised to allow QA program for Commission approval. additional cost of this provision would licensres to continue to use the facility This change eliminates the potential for be borne by the users with little impact if the alarm system is found to be duplicato submission of information on the licensees. One commenter was defective, for a period of up to 7 and reduces the monetary burden on concerned that unless explicitly stated, calendar days, provided the controls radiography licensees because they will unqualified individuals could be asked needed for a temporary jobsite are in no longer be required to pay the fees to perform duties that should be place.The NRC will review any associated with the QA program in 10 performed by quattfied individuals, for applications where high radiation areas CFR Part 71. This change, however, example, rather than using a 2-person exist outside the permanent installation does not relieve radiography licensees - crew comprised of a radiographer and a ~

on a case-by-case basis to ensure that from complying with the transport radiographer's assistant, the customer adequate safety controls are in place for requirements in 10 CFR Part 71. may propose the use of one ofits these installations. emPl oyees as a method to reduce the Section 34.4f:ConductingIndustria; nondestructive testing company a fees.

Section 34.35: Labeling, Storage, and Radiogmphic Operations Tmnsportorion This new section specifies certain Response This Is a new section that specifies conditions that must be met before The Comrdssion has decided to adopt requirements for labeling, storage, and performing radiographic operations in the requirement for at least two l i l

L______________________________________ ..-__ _ _ _ _

Feder:1 Regist;r / Vol. 62, No.102 / Wednesday, May' 28, 1997 / Rules and Regulations 28955 Comment radiation area surveillance) should not

. qu:lifird individuals to bs present be counted toward the 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> under whenever radiographic operations are Twenty comnient letters were c nsideration. Limited experience with performed outside of a permanent received on this section in the proposed radiography utilizing X-rays can be radiographic installation. The rule. Mom than half opposed the included. liowever, because there are Commission believes that the safety provision, primarily on the grounds that greater safety concerns associated with issues involved mandate the adoption of mandatory certification and the required the use of exposure devices utilizing this requireme6t, particularly when 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of experience in gamma radiation than there is with use radiography is performed in high places radiographic operations would cause f an X-ray device where the radiation or in trenches, where problems can most many well trained persons to be field can be shut off, the majority of this often occur, and where the radiographer disqualified. Several commenters stated experience should be in isotope alone is not able to control access. It that they used RSOs with broad ,

radiography. The 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> time

. should also be evident that in case of radiation protection experience and ucademic training for oversight of the Period was selected to ensure that the accident or injury, the second person RSO has sufficient radiographic

~ needed at the site must be more than an radiography and other programs but not experience to be able to clearly oversee observer. The person should have for active supervision of radiographic the safety aspects associated with sufficient radiography and safety operations. Other commenters stated industrial radiography. Because j training to allow him/her to take charge that NRC should modify its requirement utilization logs are already kept for 3 l and secure the radioactive material, of 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> documented experience years, n additional documentation of a provide aid where necessary, and in radiographic operations partly radiographer's experience would need prevent access t'o radiation areas by because the documented experience to be maintained. This change is based unauthorized persons, whereas an could be difficult to verify. One ,

j in part on the comments received at ther untrained person, such as a security commenter pointed out that there is no em r 4 wo op h in guard or contractor's employee as existing 40-hour course to prepare suggested by one commenter, would be someone to be an RSO for a radiography attending the workshop maintained that unable to perform these functions in a license. This commenter also pointed requiring documentation of 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> safe manner.The text of this section has out that there was a 2-day course w uld g,g}r ov been modified to emphasize that the available entitled Administrators orth o considst Seminar that covered the specific alternatives, based upon the licensee's purpose of the second individuals to

. provide immediate assistance when regulations pertaining to radiography submittal of the proposed RSO's and how to implement an effectiv credentials, has also been added to required and to pmvent unauthorized entry into the restricted area. Program. One Agreement State provide flexibility for licensees that a7enough t engage in other activities involving NRC Section 34.41(d) was added to include ("th O licensed material where the RSO would a requirement to have approved encompass X-ray radiography. Another n t likely be a radiographer but would procedures before conducting specific commenter suggested that the NRC be a radiation protection professional.

types of radiographic operations such as should consider modifying its The qualifications, training, and .

lay-barge, underwater, and off-shore ' requirements to permit fulfillment of the experience required of the RSO will platform radiography to make NRC qualifications by more than one vary depending upon the complexity of regulations more compatible with individual. the licensee's operations and the Agreembat State requirements. number ofindividuals potentially

Response

Section 34.42: Radiation Safety Officer involved.

forIndustrialRodiogrophy The requirecient for 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of in response to comments at the documented experience in radiographic December 1994, workshop in Ilouston, This new section identifies the operation's his been changed to read Texas, the ' utrement for the RSO to qualifications and duties of the RSO for 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> e ihands-on experience in have formal assroom training related industrial radiography, Previously, industrial ra liographic operations as a to the radiation protection program, has these requirements were referenced in qualified radiographer, which is been modified to delete the requirement regulatory guides and included as essentially 1 year full-time of field license conditions on a case-by case , experience after reaching the level of a that it be a is40-hour requirement that the course. The prim 7y training prope basis, but not spelled out in the qualified radiographer, and formal addresses the appropriate subjects regulations. The NRC believes the RSO training in the establishment and without regard to specification of the is the Ley individual for oversight of the maintenance of a radiation protection hours spent. Other minor word changes licensee's radiography program and the program. What is meant by " hands-on have been made for clarification. In person responsible for ensuring safe experience" is experience in all those response to a comment, paragraph (c)(f )

operation of the program, areas considered to be directly involved has been changed to clarify that the The proposed rule specified that to be in the radiography process. These RSOs must have the authority to assume considered eligible for the RSO position, include taking radiographs, surveying control for instituting corrective actions, an individual must have a minimum of devices and radiation areas, calibration including stoppir'g operations when 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of documented experience of survey instruments, operational and necessary in emergency situations or as a qualified radiographer in industrial performance testing of survey unsafe conditions.

radiographic operations. Among the instruments and devices, film Secti n 34.43:Tmm. .mg responsibilities of the RSO specified in development, posting of radiation areas, transportation of radiography This section addresses training the proposed rule, were the establishment and oversight of all equipment and travel to temporary requirements for Industrial operating, emergency,and ALARA jobsites, posting of records and radiation radiographer and radiographer' area surveillance etc. Excessive time assistants. Section 34.43(a)in the procedures and conduct of the annual proposed rule was revised to require review of the radiation protection spent in only one or two of these program required by $ ;:0.1101(c). operations (such as film development or radiographer to be certified by a l

l i

i 28956 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations certifying entity meeting the criteria to adopt mandatory certification these inspections from a quarterly to a specified in Appendix A to 10 CFR Part requirements for industrial semiannual basis is justified. Nothing in

34. radiographer to provide a consistent the regulations prevents a licensee from In addition, the proposed rule standard by which training of all conducting those inspections more incorporated some additional training in radiographer can be measured. frequently. Radiographer or NRC regulations for radiographer' Individual licensees will have less of a radiographer' assistants who have not assistants, regulmd written tests for burden in confirming the training status participated in industrial radiographic radiographer' assistants, required of a newly hired radiographer through'a operations for more than 6 months will annual refresher safety training for national certification system. While the be required to demonstrate their radiographer and assistants, and final rule reduces the burden on knowledge of the training rec,uirements reduced the frequency ofinspection of licensees by no longer requiring them to of $ 34.43(b)(3) and $ 34.434)(3),

radiographer and assistants from submit descriptions of their training respectively, by a practical examination quarterly to annually. programs for the subjects listed in Training subjects previously listed in $ 34.43(g), licensees still must ensure before their next participation in Appendix A were moved to $ 34.43 (g) radiographic operations. Flexibility has that newly hired individuals have been provided in 6 34.43(e) of the final in the proposed rule. Several additional completed, or are provided, the rule for situations where the RSO also topics were also included: pictures or appropriate training in the subjects serves as a radiographer. In such cases, models of source assemblies; training In listed in $ 34.43(g) and a period of on- licensees must include information in storage, control, and disposal of the-job training. Licensees still must licensed materials; and other pertinent their application as to how they will provide instruction in emergency and ensure that the proficiency of the Federal regulations (i.e., DOT). The operatihg procedures, as well as any radiographer is maintained.

requirement for annual refresher safety specific requirements in their NRC trainirg was included in the proposed license.The final rule includes Swuon 34.45mpemung and rule to clarify what was meant by the additional flexibility, in that, either EmergencWedum term " periodic training" in the existing written or oral tests may be used to test This sxtion (previously $ 34.32) regulation. Licensees are expected to a radiographer's knowledge of this identifies the procedures that licensees address new information since the information but that in either case, the must develop and submit to the NRC in I

employee's last training, such as.new records required by $ 34.79 must be their application.The pmposed rule equipment or revised operating and maintained as specified. Included only minor changes to this emergency procedures, and safety To be recognized as a certifying section to assure that all activities (e.g.

Issues. entity, an independent organization source recovery) carried out by the Comment meeting the criteria specified in Part I of licensee involving radioactive material Appendix A will have to apply as were covered by appropriate Sixty-one comment letters were 8Pwified in 6 34.43(a)(1). A list of procedures.

received on this section, most certifying entities will be made available to lice Comment commenting on the certification s on request y conta th provision. Four of the comment letters appmp Four commenters addressed this were directed against S 34.43(d), which dix D 0 b Part 20 and will section. One commenter was opposed to reduced the ins tion of the job be published annually in the Federal ' allowing an organization to retrieve a Performance of lographers a g Register. Licensees will have 2 years to source unless they had submitted radiographer' assistants to an annual implement this cerdficadon '

extensive emergency and training inspection in place of the current requirement During this time, the Procedures to the NRC. Another quarterly inspections. The remainder of licensee may allow an individual who commenter stated that, although there the comments addressed mandatory has not met the certificadon - are basic principles that apply to any certification. Forty-three were in favor requirements to act as a radiographer if source recovery, each specific source j

and 14 op osed to certification. Some of the individual has received training in recovery exhibits unique characteristics the larger icensees stated that their .the subjects outlined in paragraph (g) of and/or pwuliarities and that specifics training programs were superior to what this section and has successfully for source recovery would be better was being proposed and that adopting completed a written test approved by addressed in a separate procedure that this requirement would force them int the NRC is referenced in the regulation. The third having to participate in a duplicate The Commission recognizes that some commenter requested adding a program without any corresponding of the larger licensees may believe they requirement for inspection, safety benefit. Other commenters were maintenance, and operability checks on have a suberior program to that survey instruments, clarification of opposed because of the cost involved in currently ing offered by the existing implementing the program. Also, some certifying organizations. These licensees procedures for identifying and teporting licensees believed that they should be will still be able to provide training as defects and malfunctions under 10 CFR ~

granted exemptions because their in- they currently do. Any additional . Part 21 and $ 34.101, and recommended house certification programs wem burden from having their radiographer that source recovery procedures should tested by an independent certifying include the topics: advance somewhat site specific and specialized creanization should be minimal. preparations, initial response, retrieval and would not qualify their Yn response to comments, S 34.43(e) is planning guidelines, retrieval operation radiographer to compete in the snodified in the final rule to require guidelines, and post. retrieval tasks. The commercialindustrial radiography inspections of radiographer and fourth commenter noted that each market without further, more . radiographer' assistants on at least a source recovery is unique so the generalized training. semiannual basis. With the required .. procedures need to be kept generic and I

Response certifkation of radiographer and the flexible. Comments on another section :

l additional training required of suggested that the Commission should 1 After consideration of the comments radiographer' assistants, the address procedures for lay-barge, received, the Commission has decided Commission believes that reducing offshore platform, and underwater

Feder:1 Registir / Vol. 62. No'.102 / Wednesday, May'28,1997 / Rules and Regulations 28957

'[ radiography because licensees may elect Therefore, licensees must take a reading performing a survey to verify that the to perform those activities.

~

before and after use and determine the source is properly stored. Because of difference.The proposed rule provided this, these commenters believed that the Response criteria for allowing a worker to return requirement to always wear an alarming l

Because the Commission believes that to work when a pocket dosimeter is ratemeter should be removed from the licensees should have the flexibility to found to be off-scale. Paragraph (a) of regulations. A number oflicensees at recover sources, no change has been the final rule requires workers to wear the workshop stated that it.would be made in the final rule concerning source their dosimeters on the trunk of the extremely difficult and costly to obtain recovery procedures. In response to body in order to measure whole body ratemeters that are capable of alerting other comments, survey instruments dose as defined in to CFR 20.1003. The . the wearer in the wide variety of cad transport containers have been dose to the extremities (again as defined environmental conditions under which Included in the paragraph requiring in 10 CFR 20.1003) is to be measured they work. A number of commenters at l the workshop did not agree with inspection, maintenance, and only with appropriate extremity operability checks.With regard to dosimeters. Paragraph (e) in the lengthening the replacement frequency clarification of procedures for proposed rule specified that a worker for TLDs to quarterly on the basis that

. identifying and reporting defects and mustcease work whenever a film badge frequent checks of workers' doses were malfunctions, $ 34.101 requires or a thermoluminescent dosimeter neededelue to the potential for high notification of the NRC only when a (TLD)is lost until a replacement is doses. Several commenters requested i defect or malfunction is observed that provided to ensure that there is an flexibility to use electronic personnel accurate means to determine the dosimeters in place of pocket corresponds to any of the incidents

. described under $ 34.101(a). Additional worker's dose. The proposed rule dosimeters and stated that pocket l included a provision that, after - dosimeters were increasingly difficult to reporting may be required for incidents that meet the definition of a " defect" replacement,each film badga and TLD obtain. One commenter recommended under 10 CFR Part 21, and do not fall snust be promptly processed and that continued use of pocket dosimeters rather than electronic personal

. Into any of the thme categories in alarming ratemeters be capable of alerting the wearer regardless of the dosimeters and reported that supplies of

$ 34.101. pocket dosimeters were still available. I in response to comments made at the environmental conditions.

December.1994 workshop in Houston Comment Response Texas, paragraph (s)(8) was revised to' The final rule allows replacement of (

The NRC received twenty-eight clarify that corrective action is not j comment letters on this section. Several TLDs on a 3. month basis. The required if the alarm ratemeter alarms at commenters wanted to be able to use comments of the Agreement States 1 en expected time, such as when the additional dosimeters with higher requesting continuation of the monthly source is being cranked in or out of the ranges to supplement those specified in frequency were not adopted. The RSO is device. responsible for ensuring that worker The NRC did not adopt a provision for S 34.47(a)(1). One co'mmenter asked whether digital dosimeters (electronic doses are maintained ALARA. The

, submitting procedures for lay-barge, purpose for requiring pocket dosimeter offshore platform, or underwater Personal dosimeters) could be used in P l ace of pocket dosimeters since their readings to be recorded daily is to radiography for licensees who intend to range was considerably greater than the ensure that worker doses are maintained i perform those activities. Licensees who ALARA. The requirement to replace range specified for popket dosimeters -

elect to perform those activities must and also asked whether they could be film badges monthly was not changed address the applicable procedures with because film badges are not rugged

! used in place of an alarm ratemeter.

license submission. Two commenters opposed replacing enough to withstand environmental Section 34.46: Supervision of TLDs on a monthly basis because of the conditions for 3 months without the i

Rodlogmphers' Assistants additional cost with no discernable film housing developing light leaks or

' This section (previously $ 34.44) increase in safety. A commenter wanted absorbing moisture.

Pocket dosimeters to be calibrated every The NRC did not change the final rule specifies requirements for to permit use of pocket dosimeters with radiographer' assistants to handle 6 months in place of the specified 12

' ranges greater than 0-200 millirems.

equipment associated with radiographic months and requested that the operations. The proposed rule included acceptable range for dosimeterarereadings implemented Thiswhen ensures that emergency doses exceed pr no changes to this section. be set within plus or minus 20 percent.

Nine commenters opposed S 34.47(g)(3) 200 mrem. Licensees are free to use Comment because it required alarm ratemeters to additional pocket dosimeters with alert the wearer regardless of higher ranges for informational No comments were received on this environmental conditions. A number of purposes. The NRC has agreed to change section. the accuracy requirement for pocket ,

comments were received at the '

' Section 34.47: Personnel Moniton.ng December 1994 workshop in flouston, dosimeters to 120 percent to more This section (previously $ 34.33) Texas relating to proposed requirements closely match the recommendations in addresses requirements for monitoring for TLD exchanges, alarming ratemeters, ANSI N322 and ANSI N13.5. The l

radiation exposures to radiographic and the use of electronic personnel calibration period of pocket dosimeters dosimeters. Suggestions were made to was not changed because this is the

! personnel.The proposed rule specified that pocket dosimeters must have a lower the preset dose rate specified in maximum period recommended in l ANSI N323.

j re.nge of 0-200 millirems, and included the rule below 5 mSv/hr to allow '

a requirement to read pocket dosimeters licensees the flexibility of using a lower The requirement that alarming at the beginning and end of each shift dose rate if they choose.Other ratemeters be sufficient to alert the to ensure that the dose is correctly comments indicated that radiographer wearer regardless of environmental often rely on alarming ratemeters to conditions has been dropped from the estimated. This requirement was final rule. Licensees are expected to included because it is nearly impossible alert them that the source has not been retracted into the camera rather than make a reasonable attempt to select to recharge a pocket dosimeter to zero.

q M

[ 28958 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations.

alarming ratemeters that will function Comment to maintain surveillance of a high properly for the conditions under which radiation area during industrial Eight comment letters were received they will be used. radiographic operations to protect o.1 this section. One commenter noted Although a number ofindividuals at that a number of NRClicensees have against unauthorized entry. The the December 1994 workshop in been fined in the est for failing to do "NPosed rule was basically unchanged flouston, Texas, believed that the use of the 360* survey ofthe radiographic m exisu e pt Ge alarming ratemeters results in exposure device and the guide tube ,,g,p , ,,

radiographer falling to make the proper exactly as designated and now the NRC direct surveillance. References to 10 surveys, the evidence the Commission is deleting the requirement. One CFR Part 20 were updated to reflect the has seen demonstrates that commenter pointed out that it is changes made to $ 34.33, Permanent ovemxposures have decreaseds ' ince this unnecessary to survey the stora area at Radiographic installations. In response requirement went into effect. Therefore,- the time of quarterly' inventory ause to comments at the December 1994, )

there is already a requirement for worksho in 1-Iouston, Texas, the final -

the NxC continues to believe that the -

rule has been amended to clarify that, proper use of alarming ratemeters may ; surveying whenever storage conditions be an effective means for preventing change,i.e., whenever radioactive for radiographic operations that employ overexposure.The NRC has decided matenalis added to or removed from 2.m mehm#

not to make any changes in the ~ alarm the storage ama. The last commenter performed by the radiographer's 4 -

n ted that $ 3,4.49(f) would require the g

oint requirement. The use of a lower fimit would likely result in frequent . rnaintenance of records per $ 34.85, ' Comment clarms that could have a negative .' which in turn states that survey records impact because the wearer would be $, to be maintained are those of the last No comments were received on'this

,,oggog, ,

mere likely to turn off the ratemeter to sumy pufonned in the work day as ,

evold an alarm. The urpose of alarming specified in $ 34.49(d). The commenter , Section 34.53:Postm, g '

ratemeteris to alert t le wearer of an . was cecenmd that zwds would be This section addressesfoquirements t.bnormal condition ufring prompt . Interpreted as measurements of all of for identifying areas where radioactiv.e cction to reduce the kelihood of an the 12 to 18 measurements specified in material is being used to comply with' inadvertent overexposure. $ 34.21, and suggested a single radiation protection requirements

• measurement made at the outlet port of discussed in 10 CFR Part 20. The {

Finally, in response to comments the radiography device each day would i

imm licensees at the Houston. Texas, p workshop, the final rule has been provide an adequate record and also any to kis t section.osed rule made only minor chang significant change in the reading revised to allow the use of electronic obtained at this position would be an . Comment '

personnel dosimeters in lieu of pocket indication that the source was not in its dosimeters as a direct reading One comment letter was received on fully shielded position. this section. The commenter suggested i dosimeter. Those electronic personal dosimeters that also have alarm Response that areas'where radiography was being erformed should be posted with signs ratemeter capabilities are not to be used la response to these comments and hearing the words " KEEP OUT" because as a substitute for alarm ratemeters at additional comments from the the usual'" CAUTION" and " DANGER" the present time. individuals acting as a workshop in llouston, Texas, the final signs are inadequate at temporary job radiographer or radiographer's assistant rule has been changed to clarify that the sites. The commenter also suggested " i must wear direct reading dosimeters, an intent of the requirements in $$ 34.49(b) that the rope or tape used to' post .

operating alarm ratemeter, and either a and (c)is to conduct a survey to ensure restricted areas for radiography be film badge or a TLD during radiographic that the source is in the shielded colored magenta and yellow. The operations. Position. This can be accomplished by commenter believed that it was .

surveying the radiographic exposure important to clarify that "Very High Section 34.49:RadiaUon Surveys device and comparing the reading Radiation Areas" need not be posted This section (previously $ 34.43) btained to the reading expected wh,en during industrial radiography because addresses requirements for surveys that the source is known to be in the device, radiographic operations may create must be made durin8 and after The requirement in the proposed rule areas which meet the posting .

radiographic operations to ensure that to survey the storage area initially and requirements of $ 20.1903(c).

the radioactive source is safely secured at the time of the quarterly inventory ~

has been removed. Because $ 34.49(c) Response I

when radiographic operations are not requires a survey whenever a No change was.made to the final rule being performed and that public dose radiographic exposure device is placed to exempt posting of very high radiation limits in to CFR Part 20 are met.The in storage, and $ 20.1302 already areas. Most industrial radiography

! proposed rule included a number of ' requires licensees to demonstrate' revisions to this section. The first of programs are limited to the use of compliance with the public dose limits, sources that do not create very high _

these was to replace the 360* survey of licensees are expected to establish a radiation areas as defined in $ 20.1003, the exposure device with a requirement program to ensure that storage areas For licensees who intend to use to conduct a survey when approaching . meet these requirements. Section radiation devices capable of creating -

the exposure device and the guide tube 34.49(d) requires that a record of the last very high radiation areas, considerations prior to exchanging film, repositioning survey be maintained for each device of posting and restricting these areas the collimator, or dismantling prior to placing the device in storage for will be dealt with on a case-by-case equipment The proposed rule also the day, basis during the licensing process, c y timeYe at Se is ex ng ia ecuan 4.51: Surveillance Subpart E-Recordkeeping Requirements' whenever a radiographic exposure This section (previously $ 34.41) This new subpart places all device is placed in storage. specifies requirements for radiographer recordkeeping and notification

i Federal Register / Vol. 62, No.102 / Wednesdiy, May 28, 1997 / Rules nd Reguhtlons 28959

. requirements for 10 CFR Part 34 in oni Comm:nt individust has checked out a

. location. No comments were received on this radiographic exposure device. This Section 34.62: Records ofSpecific section. Provision was retained in the final rule.

Licenses forindustrialRadiogwphy An exposure device not containing a Section 34.69: Records of Quarterly sealed source will not be utilized within This new section in the proposed rule Inventory , the context intended in S 34.71. If the requires licensees to maintain a copy of This new section contains radiographer intends to load a sealed their licenses until their licenses are recordkeeping requirements previously source into the empty exposure device, terminated by the Commission. contained in $ 34.26 and uires then a storage container which contains m e nt j, y] rg g73 ye after a scaled source mustbe checked out as specified in S 34/[1(a)(1) and an entry No comments were received on this e record is made The proposed rule made in the utilization log.This section. - required some additional information be provision was retained in the final rule, kept, such as model nurnber, serial -

ecdpt and o,n, 4 yof number, and manufacturer of the sealed Section 34.73: Records ofinspection source. and Maintenance ofRadiogwphk This new section in the pmposed rule Comment Exposure Devices, Storage containers, requires licensees to maintain records of Ass datedEquipment, Source One comment letter was received Changers, and SurveyInstruments receipt and disposition of radioactive. stating that the record should include der use o # alllicensed devices whether or not they

,"*m hI This new section containc mntain a sealed source at 6e unis of reaordkeeping requirements previously containing shieldin material using DU. in n utm y.

In the case of such evices, the mass of contained in 5 34.28(b). The proposed DU designated by the manufacturer Response rule specified that inspection and would be included in place of the maintenance records must be Section 34.29 was revised in the final activity. , rule to include devices containing . - maintained by the licensee for 3 years.

depleted uranium. Licensees must maintain records of Comment equipment pmblems and of any Section 34.72: Utilization fogs . maintenance performed under S 34.21 Only rrtinor editorial comments were

. received on this section. This new section contains (a) and (b).The records must include re mdkeeping requirements previously information, such as dates of checks, Section 34.65: Records ofRadiation included in S 34.27. The proposed rule name ofinspector, equipment SurnyInstruments would have toquired additional pieces inspected, any defects found, and This new section of the proposed rule ofinformation including the serial repairs made. -

contains the recordkeeping number of the device in which the sealed source is located, the Comment ,

' requirements for radiation instruments -

. required under $ 34.25. The radiographer's signature, and the dates Two comment letters were received  !

l recordkeeping requirements were the device is removed from and addressing this section. The first letter .

mturned to storage. This information is previously included in existing 5 34:24.

needed to assist in verifying the location g W h MM g Me g This section would require licensees to

. -.tn'ala calibration records for o sources. day from devices or source changers radiation survey instruments for 3 years Comment removed from storage should be ~ 1 after the record is made. recorded and used as a reference to

, Three comment letters were received

• Comment on this section. One commenter pointed provide a baseline for comparison with ut bat 6e RSO inay contml 6e sneasumnents taken fan later surnys One comment letter was received on - uuHzaum log at the main office and,- to ensure no change in the shielding j this section.The commenter reques,ted because the device could be at a field was occurring.The second letter that the operability check required under $ 34.25 be included in the records . station many miles from the main 818 natures of the radiographer on the under office, requested

$ 34.73 that inspection should include the records compile I maintained under this section. . utilization log was not practical. The , . records of survey instruments.

Responseh second commenter stated that the equipment problems, and records of utilization log should include all maintenance performed.

The financial burden involved in devices removed from storage, not only recording daily operability chocks under those containing a sealed source at the Response this section is felt to be prohibitive. time of removal. The third commenter The Brst mmment was not adopted Section 34.73 has been modified in the requested removal of the requirement to because sufficient requirements are final rule to only require records of any include the radiographer's signature. already in place under S 34.49 and problems encountered during .

operability checks. Response $ 20.1302 to ensure that licensees are in Licensees at the December 1994 compliance with the public dose limits.

Section 34.67:Recordq ofLeak Testing workshop in Ifouston, To.xas, stated that Licensees may choose to include and Replacement of Sealed Soumes their radiographer were signing the log additional information in their records This new section contains as required and either malling or faxing to assist them in assuring that there are recordkeeping requirements previously a copy of the document to the RSO after no changes occurring in the shielding included in $ 34.25(c) and requires all signatures for the day were collected. integrity. The requests of the second The radiographer's signature is needed commenter have been incorporated in licensees to maintain records ofleak tests for 3 years after the record is made. to ensure that only a qualified $ 34.31 in the final rule.

. 28960 Fed:rr.1 Regi:tir / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations j Section 34.79: Records of Tmining ond quarterly inspections of survey discretion regarding which records to Certification instruments should be included in this keep at each particular site, while all This new section includes section. three commenters stated that the 3

l recordkeeping requirements previously Response requirements were confusing and would included in $ 34.31(c). The proposed leed to voluminous record keeping.

I rule also specified that records verifying h mcds am alma 4 mquimd

• l radiographer certification and annual under $ 34.05. Therefore, no change was Re8Ponse safety reviews are to be retained for 3 made to this section.

. In the final rule,6 34.89 specifies years after the record is made. For requirements for the minimum set of Section 34.85: Reconis of Rodiation ennual safety reviews, the records Surveys records to be maintained at field include copies of tests, dates stations and temporary jobsites. This set I8 C .

administered, names of instructors and

, ,,,',",t alfy unc ang$d44 6 5e (dD -of records is the minimum needed to n ees and tha tonth.rovered.The ensure that the licensee can conduct proposed, rule also specified that records proposed rule. The pmposed rule would l require the licensee to maintain records radiographic operations safely and to ofinspections of radiographer and demonstrate that they are in complian.ce radiographer' assistants must include a f exp sure devi e surveys conducted list ofitems checked and any non- before the radiographic exposure device with NRC regulations. The licensee has '

' ' 8 the discretion to determine the location i compliances observed by the RSO. - f r all ther records required to_be kept l de e o as Comment under 10 CPR Part 34 and other. .

Comment

~

applicable parts of NRC regulations.'

on this acti n u stod that e No comments were received on this Secdon 34.201: Notifications wording he changed to eliminste, ,. secuon. -

" copies of, written tests" and replace it This section of the proposed rule with Section 34.87: Form of Records addressed requirements previously in tests.;The licensee ariministered written other re This section (previously $ 34.4) of the $ 34.30, for licensees to notify the NRC editorial changes. quested minor - proposed rule was unchanged from the ofincidents having safety significance.

current regulations. This section of the The proposed rule contained a new Response . proposed rule specified how records requirement to inform the appropriate The wording has not been changed must be maintained; including storage - NRC regional office (generally, where because in many cases the training and by electronic media. the license was issued) in writing before testing may be given by outside ' " "E "E #" "' * " " "

• Comment consultants or companies that specialize any I cati n f r m re than 180 days. "

in such training and testing. The term No comments were received on this secuan. Comment

" annual safety review" was changed in the final rule to " annual refresher safety Section 34.89:Locotion ofDocuments One co'mment was received .

training" to clarify its role in the andRecords requesting clarification betwpen - _ _

licensees" training program. malfunctions that are to be reported ,

This new section addresses -

under this section and defects that -

Section 34.81: Copies of Opemting and requirements for licensees to maintain require reporting under~10 CER Part 2i, EmergencyPmcedures -

certain records at locations where This new section includes radiographic operations occur, such as . Response -

requimments previously inchided in at a permanent installation, temporary j bsite, or field station, where The. final rule was changed to S 34.32 and would have required acknowledge the reporting requirements, licensees to maintain copies of ~ '*d o e ate is d and fmrn h , in to CFR Parts 21 and 30. Howeyer, as..

cmergency and operating procedures Pa until the Commission terminates the nPorary jobsite. Two sections were ... noted in the response to $ 34.45, license. included in the proposed rule to ensure $ 34.101 requires NRC notification when .

a defect or malfunction is observed that ;

that licensees haverecords available at Comment , the appropriate locations to maintain corresponds to any of the incidents safe operations. The records include a described under that S 34,101(a),

No comments were' received on this regardless of whether additional. .

section. copy of the license, copies of pertinent NRC regulations, utilization records for reporting is required by other parts of ~

Section 34.83: Records ofPersonnel the devices in use at the temporary &is chapter, sucb as 10 CFR Parts 21'#

Monitoring jobsite, records of equipment problems' and 30.

This new section includes records of alarm system checks for Section 34.212:Applicotionsfor l*

recordkeeping requirements previously permanent installations located at a Exemptions ',

included in $ 34.33(b) and would hnve temporary jobsite or field station, required licensees to maintain records personnel monitoring records, operatirig This section of the proposed rule ket addressed exemptions and was basically l of alarmreadings, dosimeter ratemeter calibrations,and and operabi fi yeme$ency latest cal rations and procedures, operabilityevidence of the same as 6 34.51 in the existing to i

checks for 3 years from the date the checks of personnel monitoring devices, CFR Part 34, with the exception of ,

record was made, and maintain records latest survey records, and shipping minor wording changes to make it . ,

f of film badge or TLD reports until the papers. c nsistent with current language used in.,

Commission terminates the license (s).

4 Comment Comment Comment Three cort . .ent letters addmssed this One commentor requested that .

section. One commenter believed that No comments were received on this records of daily operability checks and the licensee should have more section.

Fed:r:1 Registir / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations 2il961 numerous comments of a clarifying to CFR Part 150: Exemptions and Section 34.121: Violations Continued Regulatory Authorityin nature, including that:

This section in the pr osed rule Agmement States and in Offshore i addressed violations an was basically An independent certifying W ters Under Sectmn 274 l

thi same as S 34.61 in the current to organization should be open to nonmembers as well as members; Section 150.15b of the proposed rule CFR Part 34. was added to clarify that the Comment A full-time staff may not be needed if Commission reserves the ahthority to the Pmgram ia sma11., establish minimum standards regarding No comments were received on this References to applicable 10 CFR Part radiographer certification and section. independent certifying organizations.

34 sections should also include Section 34.123: Cn,mm, al PenoltJes .. applicable Agreement State and to identify acceptable certifying This section of the proposed rule regulations"; entities.

eddressed criminal penalties and was Provisions in II.4,6, and 8 Co "

basically the same as S 34.63 in the (revocation, sanctions, and renewals) be current to CFR Part 34. incorporated into one section; Two comments were received )

regarding this section from Agreement Comment Written procedures should be States objecting to the language that required for all aspects of the program- reserves the authority over certification No comments were received on this including safeguards for ensuring to the NRC. Part of the ob}ection was section. based on the fact that the first testing for adequate proctoring of examinations.

Appendix A ggygg g Thisappendix was new in the Texas and that the current state of the national certification program is the l proposed rule. The requirements in - The final rule was changed to clarify that the certification p'rogram for any result of cooperative development by a l Appendix A in the current 10 CFR Part 34 were relocated to S 34.43(g). Part I of independent organization should be working partnership of Agreement States, the NRC, ASNT, CRCPD, and Appendix A in the proposed rule open to nonmembers as well as provided the requirements for an members. The provision in 1.5 of the others. The commenters believe that the current wording of this section is independent certifying organization and proposed rule that specified a full-time contrary to the working partnership that e nly applied to organizations other than staff has been changed to specify an the Agreement States. Parts II and III of led to the current state of certification

,, adequate staff" to reduce any possible development. The commenters also Appendix A in the proposed rule , burden on organizations operating a believe that the restriction imposed by provided the requirements for small program. The organization would this section would prevent current certification programs and written still have to demonstrate that the staff certifying entities from making nominations for a certifying entity, and was adequate to administer tha program. improvements in their programs as the included the Agreement States. Section 1.11 was expanded to specify process for certifying radiographer The proposed rule specified that to be thatindependent certifying continues to evolve. They also recognized as an independent certifying organizadons must have procedures for expressed concern that thelanguage organization, the applicant should be a national society or association involved proctoring examinations, including could result in automatic In setting national standards of practice'- Proctor qualifications, which clarify that noncompliance for many and suggests for industrial radiography. there are other qualifications beside the that the Commission consider An acceptable certification program Proctor not being employed by the same Brandfathering those entities already would include training in the subjects corporation as the examinees. Sections operating and established at the listed in 5 34.43(g), completion of a II. 4,8, and 9 were removed and effective date of the revision to 10 CFR written and practical examination, and replaced with a revised requirement that Part 34.

c minimum period of on-the-job the certifying entity must have Response experience. procedures for denying an application, The use of the language in $ 150.15b revoking, suspending, and reinstating a Co*""*"t certification, because a number of was chosen in the proposed rule Four comment letters addressing this because the requirements identified in Agreement States expressed concern at the December 1994 workshop in Appendix A only apply to independent section were received. One commenter certifying organizations and certifying questioned how the technical content of Houston, Texas, that they would be entities. The Commission agrees that the examination could be at a ninth- prohibited from revoking a certificate certain States may wish to identify an grade reading level and expressed a without providing an opportunity for independent certifying organization and view that the aquirement for a due Process' has deleted this section from the final scientifically analyzed question base in In regard to the questions relating to rule. The Commission does not intend III.4. was vague and should be clarifled. the scientific analysis of tests and to the to retain sole authority for establishing Another commenter felt that III.4.,5., standards for independent certifying number of questions required in the and 6. should be deleted and combined organizations or certifying entities.

into a new section that should specify question bank, the NRC consulted experts in the testing field and has llowever,in order to maintain a

- analysis using nationally-recognized revised the final rule to specify that test ~ national certification program, whereby psychometrics examination methods. radiographer would be, able to work in Several of the commenters asked why items must be drawn from a question such a large population of questions was bank containing psychometrically valid several decertified States in each without State, needing uniformity of to be required. The G-34 Committee of the questions. Additional guidance on the creation and analysis of tests will be these programs is essential. Any State Conference of Radiation Control choosing to identify an independent Prograry Dimctors (CRCPD) on provided in Regulatory Guide 10.0.

certifying organization or choosing to be Industnal Radiography provided

28962 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations a certifying entity would be expected to on inland waters or tidal waters subject are no longer required to apply for follow criteria compatible with those in to the State's jurisdiction. separate approval of their QA prograi,n Appendix A. NRC will continue to work E. Although Appendix A is for transport packages provided they '

cooperatively with the Agreement States designated as compatibility Division 2 meet the requirements of 6 34.31(b), or to coordinate activities associated with the Agreemen'. States are not required to equivalent Agreement State the implementation of the radiographer implement a program unless they~ requirements, those licensees who certification program. choose to become a certifying entity and already have NRC approval of their QA IIL Conforming Rule Changes then would only need to adopt Sections program are deemed to have acceptable II and 111 of Appendix A. If an procedures. Those licensees without a As a result of the overall revision to Agrooment State chooses to identify an prior QA program approval must to CFR Part 34, confo: ming changes to independent certifying organization, develop these procedures before using to CFR 30.4 and to CFR 150.20 are then it would need to also adopt Section applicable transport packages. Licensees requimd. These changes include af Appendix A.

are expected to implement any removal of definitions in 10 CFR Part 30. necessary procedural changes into their for Radiographer. Radiographer's Y' imp lementation programs within 60 days of the effective assistant, Radiography. These The new requirements become date of the rule, but will not need to definitions are different imm those in effective 30 days after publication of the amend their licenses until the next the final 10 CFR Part 34, and because final rule in the Federal Register.

they are not used in to CFR Part 30, renewal. Expiration dates of any although the Commission intends to they are being deleted from this part.

existing QA program approvals will no~

have different implementation dates foi longer be valid.

Section 150.20 (b) is being revised to particular requirements of this final- . .

Include the new subpants that were - rule. VL Finding of No Significant ,

added to the final to CFR Part 34. For use/ storage locations not' EnvimamentalImpact: Availability mv id ntified on the licenso ,

IV. Agreement State Compatibility fe.g.,i The Commission has determined flelus stations,portnanent Sections of the rule will be a matter radiographic installations, and - under the National Environmental of compatibility between the NRC and Policy Act of 1969, as amended, and the the Agreement States, providing temporary jobsitos exceeding 180 days)- Commission's regulations in'Subpart A consistency between Federal and State licensees must request amen,dments or - of to CFR Part 51, that the rule is not -

notify the NRC, as appropriate, within.

safety requirements. Under current NRC 60 days of the effective date of the rule. a major Federal action significantly procedures, radiographic equipment affecting the quahiy of the human Few amendment requests are environment and therefore, an safety standards, training standards, anticipated. i operational safety standards, and Licensees will have 1 year from the . environmental impact statement is not technical definitions, are identified as effective date of the rule to comply with "9utred~

Division 2 mattecs of compatibility. The the additional training requirements The revision of to CFR'Part 34 final rule is retaining the existing ' specified in 5 34.~43 (a) and (b)! i '

Division 2 designations for most Licensees should consider combining I"," (** * "[" g"8 I "{,

uirements. ,

this training with the annual mfresher the' field industrial radiogra hy. In he definitions and sections that will safety training. particular, the revisions inclu[e:- .-

not be compatibility Division 2 am as Licensees will have 1 year from the Upgrades in the testing of radiographer, follows; .

effective date of the rule to hire and qualifications and duties for radiation A. The definitions for ALARA. train individuals to meet the safety officers, reductions in inspection s becquerel, gray, sealed source, and -. mquirements of S 34.41(a). fmquencies for radiographer and sievert are compatibility division 1 in ' All current RSOs will have two years assistants, requirements for periodic this rule. These definitions, hmever, - to implement the additional RSO testing of the shielding integrity of the duplicate definitions contained in other training requirements specified in radiography device and operability . _

parts of this Chapter. The States will S 34.42(a), and to comply with the . checks of radiation survey equipmen4, only need to adopt them once, mandatory certification requirements. In and new recordkeeping and labeling . ,

B. The definitions for lay-barge $ 34.43(a)(2). requirements. No requirements for radiography, radlogrs}iher's assistant, Licensees will have 2 years fr5in the significant quantitles of materlak. -

and underwater radiography are effective date of the rule to affirm that water, electricity or other forms of considered to be special cases of all radiographer have snet the - '

energy have been identifie'd, and no .

Division 2. If a State does not authorize certification requireinents of . environmental or radiation impacts will licensees to perform lay-barge, or . S 34.43(a)(1). This will allow industrial be involvedJ . . . ,

underwater radiography, or does not radiography licensees operatin'g in NRC The environmental asses, sm, ent and permit the pse of radiographer's jurisdiction 2 years to obtain ' finding'of no significant ingpact on assistants, then it will not be required to certification for their employeeswho act which this determination is based are adopt these definitions. as radiographer.- . e available for inspection at the NRC C. The following sections are . Licensees are required within 60 days Public Document Room at 2120 L Street, compatibility Division 3: SS 34.1,34.5, of the effective date of the rule to -. NW. (Lower Level),_ Washington DC.

34.11,34.111,34.121, and 34.123. develop and implement revised Single copies of the environmental .

D. The following definitions and procedures needed to implement the assessment and finding of no significant sections are compatibility Division 4: final rule. Procedures' requiring impact are available from Dr. Donald O.

The definition of offshore platforni submittal to the NRC will not need to Nellis, Radiation Protection and liealth,.

radiography in $$ 34.3,34.8, and ' be submitted until the next license Effects Branch, Division of Regulatory .

34.41(d) as it relates to offshore platform renewal. ' Applications Office of Research, U.S, radiography. An Agreement State will Regarding changes to S 71.101,' Nuclear Regulatory Commission, .~

need to adopt a definition of platform Quality assumnce requimments, Washington, DC 20555-0001, telephone.

radiography if it authorizes such activity providing that to CFR Part 34 licensees (301)415-6257. *

(

28963

[ Fed:rd Register / Vol, 62,.No.102 / Wednesday, May 28, 1997 / Rules and Regulations VIL Paperwork Reduction Act need to hire additional assistants to PART 30-RULES OF GENERAL meet the two-person requirement, the APPLICABILITY TO DOMESTIC f l Statement cost used in the regulatory analysis was LICENSING OF BYPRODUCT This final rule amends information MATERIAL collection requirements that are subject between $5,000 and $53,000 per year.

to the Paperwork Reduction Act of 1996 X. Small Business Regulatory f

1. The authority citation for Part 30 (44 U.S.C. 3501 et seq.). These Enforcement Fairness Act continues to read as follows:

requirements were approved by Office of Management and Budget; approval Authority: Secs, et,82,1e1',182,183.180, in accordance with the Small sa Stat.935,948,953,954,955, as amended, number 3150-0007, Business Regulatory Enforcement sec. 234,83, Stat. 444, as amended (42 U.S.C.

The public reporting burden for this Fairness Act of 1996, the NRC has 2111,2112,2201,2232,2233,2236,22s2h collection of information is estimated to determined that this action is not a ' '

average 83 hours9.606481e-4 days <br />0.0231 hours <br />1.372354e-4 weeks <br />3.15815e-5 months <br /> per licensee, including ,, major rule", and has submitted this 'd42'as ameni d 12441' '24s 'c. ('42 U the time for reviewing instructions, determination to the General 5841 5842,5846).

searching existing data sources, Accounting Office and the Cougmss, as Section 30.7 also issued under Pub. L. 95-Bathering and maintaining the data required. col, sec.10,92 Stat. 2951 as amended by I needed, and completing and reviewing Pub. L.102-486, sec. 2002,106 Stat. 3123, the collection ofinformation. Send XL Backfit Analysis (42 U.S.C. 5851). Section 30.34(b) also issued comments on any aspect of this s4 a dd4 collection ofinformation, including The NRC has determined that the - -

'*def 3 sg184,sae Sta 9n g, ued dr suggestions for reducing this burden, to backfit rule,10 CFR 50.109, does not sec.187,68 Stat. 955 (42 U.S.C. 2237).

the Information and Records apply to this rule and, therefore, that a ' ,_

Management Branch (T-6F33), U.S. backfit analysis is not required for this ' $ 30.4 [ Amended)

Nuclear Regulatory Commission, rule. The final rule does not involve any 2. In 5 30.4, the definitions of '

Washington, DC 20555-0001: and to the provisions that impose backfits as Radiogmpher, Radiographer's assistant, Desk Officer. Office of Information and defined in 10 CFR 50.109(a)(1). and Radiogmphy are removed.

Regulatory Affairs,NEOB-10202, 3. Part 34 is revised to read as follows:

(3150-0007), Office of Management and List of Subjects Budget, Washington, DC 20503. 20 CFR Par 130 PART 34-LICENSES FOR -

INDUSTRIAL RADIOGRAPHY AND Public Protection Notification Byproduct material, Crim. mal RADIATION SAFETY REQUIREMENTS I The NRC may not conduct or sponsor. penalties, Government contracts, FOR INDUSTRIAL RADIOGRAPHIC and a person is not required to respond Intergovernmental relations, Isotopes, OPERATIONS to, a collection ofinformation unless it Nuclear materials, Radiation protection. l I

displ ys a currently valid OMB control Reporting and recordkeeping-' Subpart A-General Provisions *

""" requirements. Sec.

34 1 Purpose and scope.

VIII. Regulatory Analysis 20 CFR Part 34 303 Dennitions.

l The Commission pre arod a - p regulatory analysis on t is final rule. Byproduct material, Criminal (a farm 7t o llection requirements:  !

The analysis examines the costs and penalties, Nuclear material, Packaging - OMB approval.

benefits of the alternatives considered . and containers.' Radiation protection, Subpart B-Specific Licensing Prowlslons by the Commission. See the discussion Radiography, Reporting and ,

34.11 Application for a specific license.

in the Regulatori Flexibility recordkeeping requirements, Scientific ~ 34 13 Specific license for industrial Certification concerning the final equipment, Security measures. - radi Sraphy, regulatory analysis. This analysis is "

• available for inspection in the NRC 20 CFR Part 72 ' Subpart C-Equipment Public Document Room at 2120 L Street 34.20 Performance requirements for.

Criminal penalties,~ Hazardous NW, (Lower Level), Washington, DC. materials transportation, Nuclear - ,

industrial radiography p"uipment.

IX. Regulatory Flexibility Certification materials, Packaging and containers, 84[,, , c,,Ti,7,,nfs$u As required by the Regulatory Reporting and recordkeeping changen. .

requirements- 34.23 Locking of radiographic exposure Flexibility Act (5 U.S.C. 605(b)), the "I"' "8** "'"I'**""d * "'"

Commission certifies that this rule does to CFR Part ISO changer's.

not have a significant adverse economic 3 impact on a substantial number of small Hazardo'us materials transportation, 3$ h",j",t o cy,p iris,truinen 9 ag

' entities. The NRC has prepared a final - Intergovernmental relations, Nuclear - sealed sourcei.

- tamdatory analysis of the impact of this materials, Penalties, Reporting and 34.29 , Quarterly inventory, rule on small entities. A copy of the recordkeeping requirements, Security 34.31 Inspection and maintenance of final regulatory analysis is available for measures, Source material, Special radiographic e posure devices, transport and storage containers. associated inspection or copying in the NRC Public nuclear material.

Document Room,2120 L Street, NW. equipment, source changers. and survey For reasons set out in the preamble instruments.

(Lower Levc!) Washington, DC. The 34.33 Permanent radiographic and under the authority of the Atomic regulation affects about 170 industrial installations.

radiogranby licensees, of which most Energy Act of 1954, as amended, the 34 35 Labeling, storage, and Energy Reorganization Act of 1974, as are smalf entitles. The regulatory "'"' P '2 "-

amended, and 5 U.S.C. 552 and 553, the analysis for the final rule shows that Subpart D-Radiation Safety Requirements there will be an average not savings of NRC is adopting the following amendments to 10 CFR Parts 30,34,71, 34.41 Conducting industrial radiographic

$18,000 per licensee per year for most and 150. operstions.

licensees. For those licensees who will e

1

i 1

28964 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations 34 42 Radiation Safety Officer for 150,170, and 171 of this chapter apply industrial radiography. control tube connects the control drive to applications and licenses subject to mechanism to the radiographic 34.43 Training.

34 4 0 ting and emergency Ods part. This rule does not apply to ex osure device.

medical uses of byproduct material. xposum head means a device that 34.4e Supervision of radiographer' I cates the gamma radiography sealed assistants. $ 34.3 Definitions.

source in the selected working position.

34 47 Personnel monitoring. AIARA (acronym for "as low as is (An exposure head is also known as a 34.49 Radiation surveys, reasonably achievable") means making source stop.)

34.51 Surveillance, every reasonable effort to maintain Field station means a facility where 34.53 Posting. exposures to radiation as far below the licensed material may be stored or used Subpart E-Recordkeeping Requirements d se, limits specified in 10 CFR Part 20 and from which equipment is as is practical consistent with the atched r of the pacificlicense for l

34y purpme be 4% *a licensed activity dishmymeans the SI unit of absorbed 34.63 Records o receipt and transfer is undertaken, taking into account the dose. One gray is equal to an absorbed state of technology, the economics of *,

of sealed sources. dose of 1 Joule / kilogram. It is also equal 34.65 Reconis of radiation survey improvements in relation to state of to 100 rads.

Instruments. technology, the economics of Guide tube (Projectlan sheath) means 34.67 Records ofleak testing of sealed improvements in relation to benefits to a flexible or rigid tube (i.e.,"J" tube) for sources and devices containing depleted the public health and safety, and other guiding the source assembly and the ,

uranium.

societal and socioeconomic attached control cable from the yo eo arterly inventory.

g considerations, and in relation to exposure device to the exposure head:

34.73 Records ofinspection and utilization of nuclear energy and The guide tube may also include the maintenance of radi phic exposure licensed materials in the public interest. connections necessary for attachment to devices, transport anTtorage containers.Annualmfasher safetyimining the exposure device and to the exposure associated equipment, source changers, means a review conducted or provided head.

and survey instruments. -

by the licenseo for its employees on Hands-on experience means 34.75 Records of alarm system and radiation safety aspects of indhstrial experience in all of those areas entrance control checks at permanent radiography. The mview may include, radiographic installations. considered to be directly involved in the 34 as appropriate, the results of internal radiography process.

Records of training and inspections, new procedures or Independent centfying organization 34.s1 Copies of operating and emergency' 89uipment, new or revised regulations, means an independent organization that procedures. accidents or errors that have been meets all of the criteria of Appendix A 34.83 Records of personnel monitoring observed, and should also provide to this part. ,

procedures. opportunities for employees to ask Industrialmdlogmphy(todlogmphy) i 34.85 Records of radiation surveys, safety questions, means an examination of the structure 34.87 Form of records. Associated equipment means of materials by nondestructive methods, 34.89 Incation of documents and records. equipment that is used in conjunction utilizing ionizing radiation [to make  !

Sutsport F--Notmcations with a radiographic exposure device to radiographic images.

34.101 Notifications' make radiographic exposures that Iny-barge mdiogmphymeans drives, guides, or comes in contact with industrial radiography performe'd on Sutsport G-Ezempuons the source (e.g., guide tube, control any water vessel used for laying pipe.

34.111 Applications for exemptions. tube, control (drive) cable, removable Offshore platform mdlogmphy means sutipart H.-Vklesons a urce stop,"J" tube and collimator industrial radio by conducted from a l

when it is used as an exposure head. platform over a y of water.

34.121 violations.

34.123 Criminal penalties. Becquerel (Bq) means one Permanent sudiogmphicinstallation Appendix A to 10 CFR Part 34-- disinte tion per second. means an enclosed shielded mom, cell, Radiographer Certification. Certi ng Entity means an or vault, not located at a temporary Authority; Secs. 81,161,182,183,68 Stat. Independent certifying organization jobsite,in which radiographyis meeting the requirements in appendix A performed. .

t' 2! 2' 33$s 201 as ta f this part or an Agreement State PmeticalExamination' ~me'ans a 1242, as amended (42 U.S.C. 5841). meeting the requirements in appendix demonstration through practical Section 34.45 also issued under sec. 2oo, A. Parts 11 and 111 of this part. application of the. safety rules and as Stat. 1248 (42 U.S.C. 5846). Coll / motor means a radiation shield principles in industrial radiography that is placed on the end of the guide including use of all appropriate Subpart A-Gwneral Prowlsions tube or directly onto a radiographic equipment and procedures.

exposure device to restrict the size of Radiation Safety Officerforindustrial l $ 34.1 Purpose and scope. the radiation beam when the sealed mdlogmphy means an individual with

This past prescribes requirements for source is cranked into position to make the responsibility for the overall l

the issuance oflicenses for the use of hic ex radiation safety program on behalf of the sealed sources containing byproduct a Contml radiograp(drive)posure, cable means the cable licensee and who meets the material and radiation safety that is connected to the source assembly requirements of S 34.42. ,

requirements for persons using those and used to drive the source to and from Radiogmpher means any individual sealed sources in industrial the exposure location. who performs or who,in attendance at.

radiography. The provisions and Controldrive mechanism means a the site where the sealed source or requirements of this part are in addition device that enables the source assembly sources are being used, personally to, and not in substitution for, other to be moved to and from the exposure supervises industrial radiographic ' -

requirements of this chepter. In device. operations and who is responsible to the particular, the requirements and Contml tube means a protective licensee for assuring compliance with provisions of 10 Parts 19,20,21,30,71, sheath for guiding the control cable. The the requirements of the Commission's

._ -~_ . - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

)

l -

- Federcl Regista / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations .

28965 regulations and the conditions of the prevent accidental e osure tampering Material License," in accordance with license, with, or unauthorizeYremov,al of the . the provisions of 5 30.32 of this chapter.

Radiogiupher certification means device, container, or sonree.

Storage container means a container 9 34.13 specific neense for industrlet written approval received from a certifying entity stating that an In which scaled sources are secured and radkgraphy.

individual has satisfactorily met certain stored. An application for a specific license established radiation safety, testing, and Tempomryfobsite means a location , for the use oflicensed materialin where radiographic operations are industrial radiography will be approved experience criteria.

Radiogmpher's assistant means any conducted and where licensed material if the applicant meets de following individual who under the direct may be stored other than those requirements:

(a) The applicant satisfies the general supervision of a radiographer, uses location (s) of use authorized on the license, requirements specified in 5 30.33 of this radiographic exposure devices, sealed Underwater mdiographymeans chapter for byproduct material, as sources or related handling tools, or rad]ation survey lastruments in industrial radiography performed when appropriate, and any special the radiographic exposure device and/or uirements contained in this part.

industrial radiography. ) The applicant submits an adequate Radiogmphic exposure device (also related equipment are beneath the-called a camera, or a pmjector) means surface of the water. ,

Program for training radiographer and

. radiographer' assistants that meets the any instrument containing a sealed .

source fastened or contained therein, in IM requirements of 534.43.

(1) After May 28,1999, a license l which the sealed. source or shielding Except as specifically authorized by the Commission in writing, no applicant need not describe its initial thereof may be moved, or otherwise tmining and examination program for changed, from a shielded to unshielded interpretation of the meaning of the regulations in this part by any officer or radiographer in the subjects outlined in position for purposes of making 'a .

radiographic exposum. employee of the Conanission, other than S 34.43(g). .

(2) From June 27,1997 to May 28, Radiogmphic opemtions manna all , a written interpretation by the General ~

Counsel, will be recognized to be 1999 a license applicant may affirm that activities associated with the presence all individuals acting as industrial of radioactive sources in a radiographic bindingupon the Commission. .

radiographer will be certified in exposure device duringuse of the device or transport (except when being ,$ M.s Wormdon ectkn requirements: ous approvel.

radiation safety by a certifying entity befom commencing duty as transported by a common or contract (a) The Nuclear Regulstory radiographer. This affirmation transport), to include surveys to confirm Commission has submitted the substitutes for a description of its initial the adequacy of boundaries, setting'up information collection re frements training and examination program for equipment and any activity inside ' contain'ed in this part to t e Office of mdiographers in the subjects outlined in restricted area boundaries' Management and Budget (OMB) for l S-tube means a tube through which 5 34.43(g). 1

• PProv,3 as required by the Paperwork (c) The applicant submits procedures the radioactive source travels when - Reduction Act of 1980 (44 U.S.C. 3501 for verifying and documenting the inside a radiographic exposure device. et seq.). OMB has approved the certification status of radiographer and Scaled souwe means any byproduct inf naadon coUecdon re uirements  !

material that is encased in a capsule for ensuring that the certification of conta ed1 ls part un er contml individuals acting as radiographer designed to prevent leakage or escape of 3 50 Oo9,-

. remains valid.

the byproduct material. . (d) The applicant submits written Shielded position means the location a ned lit.

co onre9 e e ts operating and emergency procedures as within the radiographic exposure device this part appear in S$ 34.13,34.20, described in S 34.45, or source changer where the sealed 34.25,34.27,34.29,34.31,34.33,34.35' (e)The applicant submits a source is secured and restricted from 34.43,34.45,34.47,34.49,34.61,34.63' description of a program for inspections movement. of the job performance of each Stevert means the SI unit of any of the 34.65,34.67,34.69,34.71,34.73,34.75',

34.79,34.81,34.83,34.85,34.87,34.89 radiographer and radiographer' quantities expressed as dose equivalent. 34.91, and 34.101.

The dose uivalent in sieverts is equal assistant at intervals not to exceed 6 ~

dose in grays multiplied to m nths as described in S 34.43(e).

to the abao o 9u ents in t on to (f) The applicant submits a by the quality factor (1 Sv = 100 rems). those approved under the control description of the applicant's overall Source assemblymeans an assembly number specified in paragraph (a) of . organizational structure as it applies to that consists of the sealed source and a this section.The information collection the radiation safety responsibilities in connector that attaches the source to the requirement and the control number industrial radiography, including control cable. The' source assembly may under which it is approved are as specified delegation of authority and also include a stop ball used to secure I U *8 the mouEe m we shielded position. responsibility.

Source changer means a device IIII" (g) The applicant identifies and lists l ,PP,,ye u[de ntro br 50- the qualifications of the individual (s) designed and used for replacement of 0120.

sealed sources in radiogra hic ex osure designated as the RSO (S 34.42) and (2)[ Rose m $ potential designees responsible for devices, including those a so use for ensuring that the licensee's radiation transporting and storage of sealed Subpart B-Specific Licensing safety program is implemented in sources. Provisions accordance with approved procedures.

Stomge e incans any location, ,

facility, or vehicle which is used to store $ 34.11 Appucation for a specific floonse. (h)If an applicant intends to perform or to secure a radiographic exposure A person may file an application for leak testing of sealed sources or device, a storage container, or a sealed specific license for use of sealed sources exposure devices containing depleted in industrial radiography, in dupilcate, uranium (DU) shielding, the applicant source when it is not in use and which must describe the pmcedures for is locked or has a physical barrier to . on NRC Form 313," Application for

~

28966 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations i

performing and the qualifications of the components. Upon review, the transportation to protect the source person (s) authorized to do the leak Commission may find this an acceptable assembly from water, mud, sand or testing,if the applicant intends to alternative to actual testing of the other foreign matter.

analyze its own wipe samples, the component pursuant to the above (4)(i) Each sealed source or source application must include a description referenced standard, assembly must have attached to it or of the procedures to be followed. The (b)In addition to the requirements engraved on it, a durable, legible, visible description must include the-- specified in paragraph (a) of this label with the words:" DANGER-(1) Instruments to be used; section, the following requirements RADIOACTIVE."

(2) Methods of performing the apply to radiographic exposure devices, (ii) The label may not interfere with analysis; and source changers, source assemblics and . the safe operation of the exposure (3) Pertinent experience of the person sealed sources. device or associated equipment, who will analyze the wipe samples. (t) The licensee shall ensure that each (5) The guide tube must be able to (i)If the applicant intends to perform radiographic exposure oevice ng - withstand a crushing test that closely s "in-house" calibrations of survey attached to it a durable, legible, clearly . approximates the crushing forces that instruments the applicant must describe visible label bearing' the - are likely to be encountered during use, methods to be used and the relevant (i) Chemical symbol and mass number and be able to withstand a kinking; experience of the person (s) who'will - ' of the radionuclides in the device: resistance test that closely approximates perform the calibrations. All . (ii) Activity and the date on which the kinking forces that are likely to be -

calibrations must be performed . this activity was last measured! encountered during use. -e according to th6 procedures described (iii) Model(or product code) and (4) Guide tubes must be used when.'

and at the intervals prescribed in -

' serial ndmber of the sealed source: moving the source out of the device.

S 34.25. .

(iv) Manufacturer's identity of the (7) An exposure head or si nilar (J) The applicant identifies and sealed source: and - device designed to prevent the source describes the location (s) of til field - (v) Licensee's name, address, and ' assembly from passing out of the end of, stations and permanent radiographic telephone number.

• the guide tube must be attached to'the installations. .

(2) Radiographic exposure devices outermost end of the guide tube during.

(k) The' applicant identifies the intended for use as Type B transport industrial radiography operations.

locations where all records required by containers must meet the applicable (8) The guide tube exposure head i

this part and other parts of this chapter re ulrements id io,CFR part 71. connection must be able to withstand will be maintained. 3) Modification of radiographic the tensile test for control units.

exposure devices, source changers, and Subpart C--Equipment . source assemblies and associated sp(ecified

9) Sourceinchangers ANSI N432 must 1980.. provide a equipment is prohibited, unless the system for ensuring that the source will

$ 34.20 Performance requirements for design of any replacement not be accidentally withdrawn from the I industrial radiography equipment.

component, including source holder, changer when connecting or l Equipment used in industrial source assembly, controls or guide tubes disconnecting the drive cable to or from radiographic operations must r.mt the following minimum criteria: would not compromise the design safety a source assembly.

features of the system. (d) All radiographic exposure d$ vices (a)(1) Each radiographic exposure - (c)!n addition to the requirements and associated equipment in use after I device, source assembly.or sealed - specified in paragraph's (a) and (b) of January 10,1996, must comply with the source, and all associated equipment this section, the following requirements requirements of this section.

l must meet the requirements specified in apply to radiographic exposure devices, (e) Notwithstanding paragraph (a)(1) l American National Standards Institute, source assemblies, and associated of this section, equipment used in.

i i

N432-1980 " Radiological Safety for the equipment that allow the source to be industrial radiographic operations need Design and Construction of Apparatus moved out of the device for not comply with $ 8.9.2(c) of the

for Gamma Radiography," (published as radiographic operations or to source Endurance Test in American National l NBS Handbook 136, issued January changers. Standards Institute N432-1980,if the 1981).This publication has been (1) The coupling between the source prototype equipment has been tested approved for incorporation by reference assembly and the control cable must be using a torque value representative of by the Director of the Federal Register designed in such a manner that the the torque that an individual using the in accordance with 5 U.S.C. 552(a)and source assembly will not become radiography equipment can realistically j 1 CFR part 51. This publication may be disconnected if cranked outside the exert on the lever or crankshaft of the

} purchased from the American National guide tube. The coupling must be such drive mechanism. -

l Standards Institute,Inc.,1430 that it cannot be unintentionally' j Broadway, New York, New York 10018 disconnected under normal and $ 34.21 umits on externet radiation levels Telephone (212) 642-4900. Copies of from storage containers and source l reasonably foreseeable abnormal changers.

l the document are available for conditions.

inspection at the Nuclear Regulatory .

The maximum exposure rate limits for (2) The device must automatically Commission Library,115# Rockville secure the source assembly when it is storage containers and source changers pike, Rockville Maryland 20852. A cranked back into the fully shielded are 2 millisleverts (200 millirem) per' copy of the document is also on file at position within the device. This hour at any exterior surface, and 0.1 the Office of the Federal Register,800 securing system may only be released by millisleverts (10 millirem) per hour at 1 North Capitol Street NW., suite 700, means of a deliberate operation on the meter from any exterior surface with the Washington, DC. exposure device. sealed source in the shielded position.

(2) Engineering analysis may be (3) The outlet fittings, lock box, and $ 34 23 Locking of radiographic exposure submitted by an applicant or licensee to drive cable fittings on each radiographic devices, storage containers and source '

demonstrate the applicability of exposure device must be equipped with changers.

previously performed testing on similar safety plugs or covers which must be (a) Each radiographic exposure device individual radiography equipment installed during storage and must have a lock or outer locked l.

Fedrl Regist;r / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations 28967

. cont *inrr designed to prevent rr.diogr phic exposure device and leak chapter " Standards for Protection unauthorized or accidental removal of testing of any sealed source must be Against Radiation."

the sealed source from its shielded performed by persons authorized to do (e) Each exposure device using position. The exposure device and/or its so by the NRC or an Agreement State. depleted uranium (DU) shielding and an container must be kept locked (and if a (b) The opening, repair, or "S" tube configuration must be tested

' keyed-lock, with the key removed at all modification of any scaled source must for DU contamination at intervals not to times) when not under the direct be performed by persons specifically exceed 12 months. The analysis must be surveillance of a radiographer or a authorized to do so by the Commission capable of detecting the presence of 185 radiographer's assistant except at or an Agreement State. Bq (0.005 microcuries) of radioactive permanent radiographic installations as (c) Testing and recordkeeping material on the test sample and must be stated in S 34.51. In addition, during requirements. performed by a person specifically authorized by the Commission or an l

radiographic operations the sealed (1) Each licensee who uses a sealed source assembly must be secured in the source shall have the source tested for Agreement State to perform the analysis.

shielded position each time the source leakage at intervals not to exceed 6 Should such testing reveal the presence is returned to that position- months. The leak testing of the source of DU contamination, the exposure

(b) Each sealed source storage must be performed using a method device must be removed from use until container and source changer must have approved by the Commission or by an an evaluation of the wear of the S-tube a lock or outer locked container Agreement State. The wipe sample has been made. Should the evaluation designed to prevent unauthorized or should be taken from the nearest reveal that the S-tube is worn through.

accidental removal of the sealed source accessible point to the sealed source the device may not be used again.DU from its shielded position. Storage where contamination might accumulate. shielded devices do not have to be

. containers and source changers must be The wipe sample must be analyzed for tested for DU contamination while in kept locked (and if a keyed-lock, with radioactive contamination. The analysis storage and not in use. Before using or the key removed at all times) when must be capable of detecting the transferring such a device however the containing sealed sources except when presence of 185 Bq (0.005 microcurie) of device must be tested for DU under the direct surveillance of a radioactive material on the test sample contamination,if the interval of storage radiographer or a radiographer's and must be performed by a person exceeds 12 months. A record of the DU assistant. specifically authorized by the leak-test must be made in accordance Commission or an Agreement State to with 5 34.67.

S 34.26 Radieuon survey instruments.

Pe n s s' (a) The licensee shall keep sufficient e hall maintain I W""*"'"I' calibrated and operable radiation survey. records of the leak tests in accordance (a) Each licensee shall conduct a  !

instruments at each location where quarterly physical inventory to account with S 34.67" i r all sealed sources and for devices radioactive material is present to make (3) Unless a sealed source is containing depleted uranium received the radiation surveys required by this accompanied by a certificate from the l Part and by to CFR part 20 of this and possessed under this license.

transferor that shows that it has been chapter. Instrumentation required by leak tested within 6 months before the (b)The licensee shall maintain this section must be capable of reemds of the quarterly inventory in traferiit may not be used by the accmdance wu, h S 3449.

measuring a range imm E02 licensee until tested for leakage. Sealed s urces that are in storage and not in . $ 34.31 inspection and maintenance of u a 1s e e re h ur. use do not require leak testing, but must radiographic exposure sevloes, transport (b) be licensee shall have each be tested before use, or transfer to and storage containers, associated

. radiation survey instrument uired equipment, source changers, and survey another person if the interval of storage on Instmments.

~

garsgraph (a) of this s exceeds 6 months.

(d) Any test conducted pursuant to (a) The licensee shall perform visual (1) At intervals not to exceed 6 Paragraphs-(b) and (c) of this section and operability checks on survey months and after instrument servicing, meters, radiographic exposure devices.

which reveals the presence of185 Bq except for battery changes. (0.005.microcuria) or more of removable. transport and storage containers, (2) For linear scale instr [unents, at radioactive material must be considered associated equipment and source stwo ints located ap ximately one- changers before use on each day the t and two-thirds of7ull-scale on evidence that the sealed source is leaking, The licensee shall immediately equipment is to be used to ensure that each scale; for logarithmic scale wnhdraw the equipment involved from the equipment is in good ' working instruments, at mid-range of each docade, and at two points of at least one .. use and shall have it decontaminated condition. that the sources are and repaired or disposed ofin adequately shielded, and that required decade; and for digital instruments, at 3 labeling is present. Survey instrument accordance with Commission oints between 0.02 and to millisfeverts regulations. A report must be filed with operability must be performed using f2 and 1000 milliraw w %;-4 check sources or other a propriate (3) So that an accurac'y within plus or the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory means. If equipment pro lems are minus 20 percent of the calibration found, the equipment must be removed source can be demonstrated at each Cornmis,sion, Washington, DC 20555-0001, within 5 days of any test with from service until repaired.

point checked results that exceed the threshold in this (b) Each licensen shall have written (c) The licerisee shall maintain subsection, describing the equipment procedures for:

records of the results of the instrument involved, the test results, and the (1) Inspection and routm, o calibrations in accordance with $ 34.65. corrective action taken. A copy of the maintenance of radiographic exposure S 34.27 Leak testing and replacement of report must be sent to the Administrawr devices, source changers, associated sealed sources. of the appropriate Nuclear Regulatory equipment, transport and storage (a)The replacement of any sealed Commission's Regional Office listed in containers, and survey instruments at source fastened to or contained in a appendix D of to CFR part 20 of this intervals not to exceed 3 months or i

l I

28968 Federal Register / Vol. 62. No.102 / Wednesday, May 28, 1997 / Rules and Regulations I

before the first use thereafter to ensure attached to it a durable, legible, and and regulatory requirements in the daily the proper functioning of components clearly visible label bearing the standard operation of the licensee's program.

Important to safety. Replacement trefoil radiation caution symbol (a) The minimum qualliications, components shall meet design conventional colors. i.e., magenta, . training, and experience for RSOs for 3 j

specifications. If equipment problems purple or black on a yellow background, industrial radiography are as follows. ,

are found, the equipment must be having a minimum diameter of 25 mm, (1) Completion of the training and I removed from service until repaired. and the wording testing requirements of S 34.43(ah )

(2) Inspection and maintenance CAUTION. (2) 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> of hands-on experience necessary to maintain the Type B RADIOACTIVE MATERIAL as a qualified radiographer in industrial l packaging used to transport radioactive NOTIFY CIVIL AUTIIORITIES (or radiographic operations; and -

materials. The inspection and "NAME OF COMPANY") . (3) Formal training in the maintenance program must include

• or" DANGER" establishment and maintenance of a procedures to assure that Type B (b) The licensee may not transport radiati.on nrotection program.

packages are shipped and maintained in licensed material unless the material is (blithe Commission will consider accordano with the certificate of packaged, and the package is labeled, alternatives when the RSO has compliance or other approval. - marked, and accompanied with appmpriate training and/or experience l

(c) Records of equipment problems apers in. In the field ofionizing radiatwn, and in and of any maintenance performed appro[ance accor riate shi wit pingfations regu set out in + addition, has adequate formal training under penyaphs (a) and (b) of this to CFR part 71.

with respect to the establishment and section nAst be made in accordance (c) Locked radiographic exposure.- maintenance of a radiation safety + ,

with S 34.73.

devices b

and storage containers must be (c) , ProtectionThe spec probam'c duties and authohties S 34.33 Permanerit trAlographic P ys!cally secured to prevent tampering of the RSO include, but are not limited installations. or removal by unauthodzed personnett ce a at m con *

(a) Each entrance that is used for (1) Establishing and Merse'elng all; personnel access to the high radiation

, w ,

area in a permanent radiographic minimize danger from ex losion or fire *. operating, emergency,and ALARA (d)The licensee shallI ckand - pr codums as required by 10CFR part installation must have either: ,

20 of this chapter, and reviewing them .

(1) An entrance control of the type physically secure the transport package containing licensed materialin the regularly to ensure that the procedures described in S 20.1601(a)(1) of this in use conform to current to CFR part-chapter that reduces the radiation level upon entry inta the area, or ysPor ng e ;etop et d,9 , p9 9 20 proceduros, conform to other NRC unauthorized removal of the licensed , regulations and to the license (2) Both conspicuous visible and conditions cudible warning signals to warn of the . matedal frmn the veMc!m (2) Overseeing and approving all presence of radiation. The visible signal P hases of the training prgram for" -

must be actuated by radiation whenever- Subpart D-Radiation Safety Requirements radiographic personnels ensuring that. -

the source is exposed. The audible - <

signal must be actuated when an $ 34.41 Conducting Industrial radiographic. protection appropriate practicesand are effective taught; ' .9radiation cttempt is made to enter the installation Operations '

(3) Ensuring that required radiation while the source is exposed. (a) Whenever radiography is surveys and leak tests are performed .

(b)The alarm system must be tested ~ l performed at a location other than a . and documented in accordance with the -

for proper operation with a radiation permanent radiographic ~ installation, the regulations, including any corrective r source each day before the installation .. radiographer must be accompanied by at measures when levels of radiation ~

is used for radiogr6phic operation's'. The, least one other qualified radiographer or exceed established limits: '

test must include a check of both the an individual who has at a minimum (4) Ensuring that personnel .- s visible and audible signals. Entrance met the requirements of S 34.43(c). The monitoring devices are calibrated and '

contrul devices that reduce the radiation additional qualified individual shall ' used properly by occupationally- . . .

level upon entry (designated in '. observe the operations and be capable nf ' exposed personnel, that records are kept paragraph (a)(1) of this section) must be providing immediate assistance to of the monitoring results, and that  !

tested monthly'. If an entrance control . prevent unauthorized entry, timely notifications are made as device or an alann is operating. .

Radiography may not be performed if . required by $ 20.2203 of this chapter:- j improperly,it must be immediately

• only one qualified individual is present. ' and labeled as defective and sepaired within (b) All radiographic operations . (5) Ensuring that operations are i

l 7 calendar days. The facility may conducted at locations of use authorized conducted safely and to assume control : 1 continue to l'e used during this 7-day on the license must be conducted in a for instituting corrective actions - l period,' provided the licensee permanent radiographic installation, . . including stopping of operations when , l implements the continuous surveillance _ unless specifically authorized by the necessary. -

requirements of $ 34.51 and uses an Commission. (d) Licensees will have until May 28, clarming ratemeter. Test records for . l (c) A licensee may conduct lay barge, 1999 to meet the requirements of '  ;

(ntrance controls and' audible and offshore platform, or underwat'er - ~ paragraph (a) or (b) of this section. '

visual alarm must be maintained in radiography only if procedures have accordance with S 34.75. been approved by the Commission or by I"#3 D*'"3"9'  !

an Agreement State.. (a) The licensee may not permit any. j

$ 34.35 t.abeling, storage, and individual to act as a radiographer until i transportation. 5 34.42 Radiation Safety Officer for i

the individual- j l

(a) The licenseo may not use a source industrial radiography. (1)IIas received training in the '  :

changer or a container to store licensed . The RSO shall ensure that radiation subjects in paragraph (g) of thie 'section', I material unless the source changer or safety activities are being performed in in addition to a minirnum of 2 months j the storage container hes securely accordance with approved procedures of on-the-job training, and is certified

Fed:r:1 Register / Vol. 62 No.102 / Wednesday, May 28, 1997 / Rules and Regulations 28969 through a mdiographer certification the radiographer's assistant will perform training and inspections of job pmgram by a certifying entity in industrial radiography, and the performance in accordance with $ 34.79.

accordance with the criteria specified in licensee's operating and emergency (g) The licensee shallinclude the appendix A of this part. (An procedures; . following subjects required in pangraph independent organization that would (2)IIan developed competence to use, (a) of this section:

like to be recognized as a certifying under the personal supervision of the (1) Fundamentals of radiation safety entity shall submit its mquest to the radiographer, the radiographic exposure including-Director, Office of Nuclear Materials devices, sealed sourcesassociated (1) Characteristics of gamma radiation:

Saf and Safeguards, U.S, Nuclear equipment, and radiation survey (ii) Units of radiation dose and tory Comminalon, Washington, instruments that the assistant will use; quantity of radioactivity; DC. 20555-0001.) or and (iii) Hazards of exposure to radiation; 3

(2) The licensee may, until May 28, (3) Has demonstrated understanding (iv) Levels of radiation from licensed 1999, allow an individual who has not of the instructions provided under (c)(3) material; and met the requirement of paragraph (a)(1) of this section by successfully (v) Methods of controlling radiation of this section, to act as a radiographer completing a written test on the subjects dose (time, distance, and shielding);

after the iriividual has received covered and has demonstrated (2) Radiation detection instruments tmining in the subjects outlined in competence in the use of hardware including-Paragnph (g) of this section and described in (c)(2) of this section by (1) Use, operation, calibration, and demonstrated an understanding of these successful completion of a practical limitations of radiation survey subjects by successful completion of a examination on the use of such instruents; written ernmination that was previouslY hardware. (ii) Survey techniques; and subinitted to and appmved by the (d) The licensee shall provide annual (iii) Use of personnel monitoring Commission. refresher safety training for each equipment; (b)In addition, the licensee may not radiographer and radiographer's . (3) Equipment to be used including-permit any individual to act as a assistant at intervals not to exceed '12 .( i) Operation and contml of radiographer until the individual- months' radiognphic exposure equipment, (1) Has received copies of and (e) Except as rovided in remote handling equipment, and storage instrucdon in the requimments SPh containers, including pictures or models described in NRC regulations contained (e)(4) the RSO br desi ce s T

of source assemblies (pigtails).

J in this part; in $$ 30.7,30.9, and 30.10 conduct an inspectionkrogram job performance of eu radiographer of the (ii) Storage, control, and disposal of of this cha ter;in the applicable licensed material; and and radiographer's assistant to ensure sections o 10 CFR parts 19 and 20, of l (iH)inspetion and maintenance of this chapter,in applicable DOT that c e the Commission's T ations, regulations as referenced in to CFR part i '

eq(ui 4 Themsnt. uirements of pertinent 71,in the NRC license (s) under which an s prad g and emergency Federal regu ations; and the radiographer will perform industrial procedures are followed. The inspection (5) Case histories of accidents in P m radiography, and the licensee's dd radiography. ~

rvd e of b (h) Licensees #11 have until May 28, op(erating and emergency procedures;2) Performance of each radiographer Has demonstrated and understanding1998 to comply witi. &e additional radiographer a assistant during an actual ulrements specified in of the licensee's license and operating training industrial radiographic operation, at and emergency pmcedures by intervals not to exceed 6 months; and paragrep (b)(1) and (c)t!) of this successful completion of a written or ,

oral ernmination covering this material. (2) Provide that, if a radiographer or (3) Has received training in the use of a radiographer s assistant has not 3 34.46 operating and emergency the licensee's radiographic exposure Participated in an industrial .

procedures. .

devices, sealed sources, in the daily radiographic operation for more than 6 (a) Operating and emergency inspection of devices and associated months since the last inspection, the procedures must include, as a equipment, and in the use of radiation radiographer must demonstrate minimum, instructions in the following:

survey instruments. knowledge of the training requirements (1) Appropriate handling and use of (4)Has demonstrated understanding of 5 34.43(b)(3) and the radiographer's licensed sealed sources and of the use of radiographic exposure assistant must re-demonstrate , radiographic exposure devices so that devices, sources, survey instruments knowledge of the trainin8 requirements no person is likely to be exposed to and associated equipment described in of S 34.43(c)(2) by a practical radiation doses in excess of the limits paragraphs (b)(1) and (b)(3) of this examination before these individuals established in 10 CFR part 20 of this section by successful completion of a can next participate in a radiographic chapter " Standards for Protection practical examination covering this OPeratin. Against Radiation";

material. (3) The Commission may consider (2) Methods and occasions for (c) The licensee may not permit any_. alternatives in those situations where conducting radiation surveys; individual to act as a radiographer's the individual serves as both (3) Methods for controlling access to assistant until the individual- radiographer and RSO. radiographic areas; (1) Has received copies of and (4) in those operations where a single (4) Methods and occasions for locking instruction in the requirements individual serves as both radiographer and securing radiographic exposure described in NRC regulations contained and RSO, and performs all radiography devices, transport and storage in this part,in $$ 30.7. 30.9, and 30.10 operations, an inspection program is not containers and sealed sources; of this chapter,in the applicable required. (5) Personnel monitoring and the use sections of 10 CFR parts 19 and 20 of (f) The licensee shall maintain records of personnel monitoring equipment; this chapter,in appdcable DOT of the above training to includo (6) Transporting seahxl sources to regulations as referenced in to CFR part certification documents, written and field locations, including packing of 71, in the NRC license (s) under which practical examinations, refresher safety radiographic exposure devices and

~

l

. 28970 Federal Register / Vol. 62, No.102 / Wednesdaf, May 28, 1997 / Rules and Regulations storage containers in the vehicles, (1) Pocket dosimeters must have a (2) De set to give an alarm signal at a placarding of vehicles when needed, range from zero to 2 millisleverts (200 preset dose rate of 5 mSv/hr (500 mrem /

and control of the sealed sources during millirems) and must be recharged at the hr); with an accuracy of plus or minus transportation (refer to 49 CFR parts start of each shift. Electronic personal 20 percent of the true radiation dose 171-173); dosimeters may only be used in place of rate; (7) The inspection, maintenance, and ion-chamber pocket dosimeters.

(3) Require special means to change operability checks of radiographic (2) Each film badge and TLD must be the preset alarm function; and exposure devices, survey instruments, assigned to and worn by only one - (4) Be calibrated at periods not to transport containers, and storage individual. . exceed 12 months for cormct response containers; (3) Film badges must be replaced at to radiation. The licensee shall maintain (8) Steps that must be taken periods not to exceed one month and records of alarm ratemeter calibrations immediately by radiography personnel TLDs must be replaced at periods not to in accordance with S 34.83.

in the event a pocket dosimeter is found exceed three months. _

to be off-scale or an alarm ratemeter (4) After re l "N alarms unexpectedly. or TLD must bacement, processed each filmasbadge as soon , The licensee shalh.

(9) The procedum(s) for identifying : possible. .

(a) Conduct surveys with a calibrated; and reporting defects and (b) Dimet reading dosiineters such as and oporable radiation survey noncompliance, as required by 10'CFR pocket dosimeters or electronic personal as n m a &e quhments .

part 21 of this chapter: dosimeten, must be read and the of S 34.25.

(10) The procedure for notifyin8 exposures recorded at the beginning and

• 8 " "Y "*"I "

proper persons in the event of an end of each shift, and records must be '

accident. -

ti n nduc a urv o (11) Minimizing exposure of persons - maintained in accordance with S 34.83. #*di hi (c) Pocket dosimeters, or electronics devi d th in the event of an accident; d personal dosimeters, must be checked at PP Mingt e evic 1

(12) Source recovery procedure if periods not to exceed 12 months for t gu!de licensee will perform source recovery; u . sumy must detennine eat correct response to radiation, and -

(13) Maintenance of records. '

records must be maintained in (b) The licensee shall maintain copies 8hl81d d Position before exchanging

' accordance with S34.83. Acceptable of current operating and emergency 8.NPo ng me aposum had,-

e dostmeters must read within plus or # g tl s in accordance with SS 34.81 minus 20 percent of the true radiation

-

• g'c"[du a e of the i

• exposure. .

radiograpib exposure device with a

$ 34.46 supervision of MWs. (d)If an individual's pocket dosimeter calibrated radiatku survey instrument assistanta. is found to be off-scale, or if his or her '

any' time the source is exchanged and ,

Whenever a radiographer's assistant electronic personal dosimeter reads greater than 2 millisleverts (200 whenever a radiographic exposure '

uses radiographic exposure devices, device is placed in a storage area (av associated equipment or sealed sources millirems), and the possibility of defined in S 34.3), to ensure that the -

or conducts red;ation surveys required radiation exposure cannot be ruled out sealed source is in its shielded position.-

by S 34.49(b) to determine that the . as the cause, the individual's film badge (d) Maintain records in accordance sealed source has returned to the . or TLD most be sent for processing with S 34.85. .

shielded position after an exposure, the within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. In addition;the 4, assistant shall be under the personal individual may not resume work S 34.51. sumiliance. ,

supervision of a radiographer.The associated with licensed material use During each radiographic operation-personal supervision mhst includei until a determination of the individual's the radiographer, or the other individual (a) The radiographer's physical radiation exposure has been made. This present, as required by $ 34.41, shall.

presence at the site where the sealed . determination must be made by the RSO maintain continuous direct visual r 4 sources are being used- '

r the RSO's designee. The results of ' surveillance of the operation to protect s

(b) The availability o'f thd this determination Ynust be includdd in against unauthorized entry into a high.

radiographer to give immediate the records maintained in accordance' radiation area, as defined in 10 CFR part assistance if required; and . with S 34.83. -

20 of this chapter, except at rmanent (c) The radiographer's direct (e)If a film bedge or TLD is lost or ' radiographic installations w ere all a ,

observation of the assistant's damaged, the worker shall cease work entryways are locked and the -

performance of the operations referred : immediately until a replacement film requirements of S 34.33 are metc to in this section. badge or TLD is provided and the exposure is calculated for the time ' gg p "

$ 34.47 Personnel monttoring. period from issuance to loss or damage All areas in which industrial (a) The licensee may not permit any of the film badge or TLD. The results of radiography is being rformed mu'st b'e ,

individual to act as a radiographer or a the calculated exposure and the time conspicuous poste as required by .

radiographer's assistant unless, at all . period for which the film badge o'r TLD 20 02 f p tio s times during radiographic operations, was lost or damaged must be included ,d

l. each individual wears, on the trunk of in the records maintained in accordance apply to industrial radiographic ,

l the body, a combination of direct . with 5 34.83. Perations, reading dosimeter, an operating alarm (f) Reports received from the film l

ratemeter, and either a film badge or a badge or TLD processor must be Subpart E-Recordkeeping l TLD. At permanent radiography Requirements retained in accordance with 9 34.83.

Installations where other appropriate (g) Each alarm ratemeter must-- S 34.61 Records of the specific license'for slarming or warning devices are in (1) De checked to ensure that the industrial radiography. '"

routine use, the wearing of an alarming alarm functions properly (sounds) Each licensee shall rhaintain a copy of l ratemeter is not required. before using at the start of each shift; its license, license conditions,

Fed:r:1 RIgist2r / Vol. 62. No.102 / Wednesday, May 28, 1997 / Rules and Regulations 20971 documents incorporated by reference, (3) The plant or sita where used and and amendments to each of these items dates of use, including the dates tenninates the license'. Superseded until superseded by new documents material must be retained for 3 years removed and returned to storage. after the change is made.

approved by the Commission, or until (b) The licensee shall retain the logs the Commission tonninates the license.' required by paragraph (a) of this section $ 34.83 Records of personnel monitoring

$ 34.63 Records of receipt and transfer of for 3 years after the log is made. Procedures.

sealed sources. -

Each licensee shall maintain the .

$ 34.73 Records of inspection and (a) Each licensee shall maintain maintenance of radiographic exposure following exposure records specified in 1 g 34,47:

records showing the receipts and transfers of sealed sources and devices

, y*y 8'Q98

, ,*'" n a

" s. (a) Direct reading dosimeter readings using DU for shielding and retain each and survey instruments. and yearly operability checks required record for 3 years after it is made. (a) Each licensee shall mam. tain by $ 34.47(b) and (c) for 3 years after the rec rds specified in 5 34.31 of record is made.

(b) These records must include the .

date, the name of the individual making (b) Records of alarm ratemeter the record, radionuclides, number of c qaeynP t on calibrations for 3 years after the record is made, becquerels'(curies) or mass (for DU), and '" 8'*P "

manufacturer, model, and serial number Pt da econ ey' (c) Reports received from the film asa d " badge or TLD processor until the of each sealed source and/or devicolas ,d 8 appropnate. ukm

, m ade in a ; Commission terminates the licerse.

record for 3 years after it is made. (d) Records of estimates of exposures

$ 34.65 Records of radiation survey (b) The record must include the date as a result of: off-scafo ersonal direct instruments. 2 of check or inspection, name of . reading dosimeters, or ost or damaged Each licensee shall maintain records. inspector, equipment involved, any film bad Ees or TLDs, until the of the calibrations ofits radiation survey Problems found, and what repair and/or Commission terminates the license.

instruments that are required under maintenance,if any, was done.

$ 34.85 RAcords of radiation surveys.

$ 34.25 and retain each record for 3

$ 34.75 Records of alarm system and years after it is made, Each licensee shall maintain a record entrance control checks at permanent of each e osure device survey

$ 34.67 Records of leek testing of seekd radi 9faPhnc installations l conducte before the device is placed in 1 sources and devices containing depleted Each licensee shall maintain records storage as specified in $ 34.49(c), if that uranium. of alarm system and entrance control  ;

survey la the last one performed in the Each licensee shall maintain records device tests required under 6 34.33 and workday. Each record must be' of leak test results for sealed sources retain each record for 3 years after it is maintained for 3 years after it is made. l and for devices'containing DU. The made, results must be stated in units of g 34j7 . Form of records, i becquerels (microcuries). The licensee $ 34.79 Records of training and Each record required by this part must certification.

shall retain each record for 3 years after be legible throughout the specified it is made or until the source in storage Each licensee shall maintain the retention period. The record may be the is removed. following records (of training and original or a reproduced copy or a certification) is made; for 3 years after* the record microform provided that the copy or

$ 34.69 Records of quarterly inventory. .

microform is authenticated by (a) Each licensee shall maintain (a) Records of training of each authorized personnel and that the records of the quarterly inventory of . radiographer and each radiographer's- microform is capable of reproducing a sealed sources and of devices containing assistant. The record must include clear copy throughout the required depleted uranium'as required by 5 34.29 radiographer certification documents. retention period. The record may also be and retain each record for 3 years after and verification of certification status, stored in electronic media with the it is made. copies of written tests, dates of oral and capability for producing legible, practical examinations, and names of accurate, and complete records during (b) The record must include the date '

of the inventory, name of the individual individuals conducting and receiving - the required retention period. Records, conducting the inventorv. radionuclides. the oral and practical examinations: and such as letters, drawings, and number of becquerels (curies) or mass (b) Records of annual refresher safety specifications, must include all (for DU)in each device, location of training and semi-annual inspections of pertinent l'nformation, such as stamps, sealed source and/or devices, and job performatice for each radiographer initials, and signatures. The licensee manufacturer, inodel, and serial number and each radiographer's assistant. The shall maintalu adequate safeguards of each sealed source and/or device, as records must list the topics discussed against tampering with and loss of appmpriate- during th. .c%.a .aby training, the records.

dates the annual refresher safety -

$ 34.71 utilization logs. training was conducted, and natnes of , g 34,33 g,,, tion of oocuments and

,,co,o,,

(a) Each licensee shall maintain utilization logs showing for each sealed t n of o perf a e the (a) Each licensee shall maintain source the following information: records must also include a list showing C Pi cs of records required by this part (1) A description, including the make, the items checked and any non. and other applicable parts of this model, and serial number of the compliances observed by the RSO. chapter at the location specified in radiographic exposure device or S 34.13(k).

5 34.81 copies of operating and transport or storage container in which emergency procedures. (b) Each licensee shall also maintain the sealed source is located: copies of the following documents and Each licensee shall maintain a copy of records sufficient to demonstrate (2) The identity and signature of the current operating and emergency radiographer to whom assigned: and compliance at each applicable field procedures until the Commission station and each temporary jobsite:

L _ _ _ _ _ _ _ _ _ _ _ _ _ _

28972 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations section, and in each report of specified in paragraph (b)(1)(i) of this (1) The license authorizing the use of overexposure submitted under 10 CFR section.

licensed material; (2) For any violation for which a (2) A copy of 10 CFR parts 19,20, and 20.2203 which involves failure of safety 34 of NRC regulations; components of radiography equipment: license may be revoked under section (1) A description of the equipment 186 of the Atomic Energy Act of 1954, (3) Utilization records for each as amended.

r-diographic exposure device problem; (2) Cause of each incident, if known; dispatched from that location as 534.123 criminal penattles.

required by 9 34.71. (3) Name of the manufacturer and (a) Section 223 of the Atomic Energy (4) Records of equipment problems model number of equipment involved in the incident; Act of 1952, as amended, provides for identified in daily checks of equipment criminal sanctions for willful violation (4) Place, date, and time of the as required by 6 34.73(a); of, attempted violation of, or conspiracy-(5) Records of alarm system and incident; (5) Actions taken to establish normal to violate, any regulation issueo unoer (ntrance control checks required by one or more of SS 161b,1611 or 161o of

$ 34.75,if applicable; oP(erations;6) Cornctive, actions taken the Act.or For purposes of Section 223, all (6) Records of direct reading the regulations in 10 CFR part 34 are dosimeters such as pocket dosimeter P l anned to prevent mcurrence; and (7) Qualifications of personnel issund under one or more of $$ 161b, i and/or electronic personal dosimeters 1611, or 161o, except for the sections readings as required by 6 34.83; involved in the incident.

I (c) Any licensee conducting listed la paragraph (b) of this section.

(7) Operating and emergency radiographic operations or storing (b)The regulations in 10 CFR part 34 procedures required by S 34.81; radioactive material at any location not that are not issued under sections 161b, (8) Evidence of the latest calibration listed on the license for a period in 1611, or 161o for the purposes of Section cf the radiation survey instruments in excess of 180 days in a calendar year. 223 are as follows: $$ 34.1,34.3,34.5, use at the site, as required by $ 34.65; 34.8,34.11,34.13,34.111,34.121, shall notify the appmpriate NRC (9) Evidence of the latest calibrations mgional office listed in 6 30.6(a)(2) of 34.123. s of alarm ratemeters and operability this chapter prior to exceeding the 180 ppen 10 CM pan checks of pocket dosimeters and/or ays. ' Itadiographer CertiBcadon clectronic personal dosimeters as Subpart Memptiores L Requirements for an Independent 10 ts e records required by Certifying Organization -

$1 d' Pendent certifying organlution (l1) e shipping papers for the Co up transportation of radioactive materials application of any interested person or 1. Be an organizadon such as a society or uired by S 71.5 of this chapter; and association, whose members participate in, or .

upon its own initiative, grant an I

12) When operating under reciprocity exemption from the requirements of the have an intenst in, the fields of industrial radiography:

pursuant to $ 150.20 of this chapter, a regulations in this part if it determines 2. Make its membenhip available to the copy of the Agreement State license the exemption is authorized by law and genemi public nationwide that is not authorizing the use oflicensed .would not endanger life or property or materials. the common defense and security andage, is .national restricted originbecaun M race, color, religion, se or disability,,  ;

l otherwise in the public interest. 3. Have a certification program open to Subpart Motincations nonmembers, as well as members:

Subpart H-Violations 4. Be an incorponted, nadonally

$ 34.101 Notification. rec gnized organization, that is involved in (a)In addition to the reporting g 34.121 Ykwoona. a at 8 Precuce wWn requirements specified in 5 30.50 and fa)The Commission may obtain an $'or '

under other sections of this chapter, injunction or other court oroer to s. Have an a7equ"ats staff, a viable system such as $ 21.21, each licensee shall p. event a violation of the provisions for Snancing its operations, and a policy-and decision-=Hng review board:

Pmvide a written report to the U.S. of- c. Have a set of written organizational by- .

Nuclear Regulatory Commission * (1)The Atomic Energy Act of 1954, as laws and policies that provide adequate Division ofIndustrial and Medical amended; assurance oflack of conflict ofinterest and Nuclear Safety Washington,DC 20555- (2) Title 11of theEnergy a system for monitoring and enforcing those 0001, with a copy to the Director, O!! ice Reorganir.ation Act of 1974, as by-laws and policies:

for Analysis and Evaluation of amended; or 7. Have a committee, whose members can Operational Data, U.S. Nuclear (3) A regulation or order issued '"' "

Regulatory Commission, Washington, pursuant to these Acts. [, c rtif! ti DC 20555-0001,within 30 days of the (b) The Commission may obtain a guidelines an7mvprocedures, and to advise the occurrence of any of the following court order for the payment of a civil organization's staffin implementing the incidents involving radiographic penalty imposed under Section 234 of certification program:

a. Have a commit +ee, whose members can the Atomic Ene:gy Act; carry out their responsibilides impartially, to eq(uipment:1) Unintentional disconnection (1) For of violations the of- review complaints against certined source assembly from the control cable; (I) Sections 53,57,62,63,81,82,101, individuals and to determine appropriate (2) Inability to retract the source 103,104,107, or 109 of the Atomic sanctions; assembly to its fully shielded position Energy Act of 1954, as amended; ""

• and secure it h this position; or (11) Section 206 of the Energy , {' ""[

(3) Failure of any component (critical Reorganization Act; records of the current status of each to safe operation of the device) to (111) Any rule, regulation, or order individual's certification and the

} properly perform its intended function; issued pursuant to the sections specified administration of its certification program:

in paragraph (b)(1)(1) of this section. 10. Have procedums to ensure that (b) The licensee shallinclude the (iv) Any term, condition, or limitation certified individuals am provided due following information in each report submitted under paragraph (a) of this of any license issued under the sections process with respect to the administration of

I l

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Fed:r:1 Regi ter / Vol. 62, No.102 / Wednesday, May 28, 1997 / Rules and Regulations i 28973 e

- its certification program, including the process of becomin8 certified and any listed in $ 34.43(g) or equivalent Agreement State requirements; 135,141, Pub. L.97-425. 96 Stat. 2232,2241, sanctions imposed against certified (42 U.S.C 10155,10161). Section 150.17a individuals; 2. Written in a multipiu-choice format;

11. llave procedures for proctoring 3. llave test items drawn from a question also issued under sec.122.66 Stat. 939 (42 examinations. Including qualifications for bank containing psychometrically valid U.S.C 2152). Section 150.30 also issued proctors. These procedures must ensum that questions based on the material in 6 34.43(g). under sec. 234.83 Stat. 444 (42 U.S.C 2282).

the individuals proctoring each examination 7. In $ 150.20, paragraph (b) are not employed by the same company or PART71-PACKAGING AND introductory text is revised to read as ,

l corporation (or a wholly-owned subsidiary of TRANSPORTATION OF RADIOACTIVE follows:

such company or corporation) as any of the MATERIAL. * * * *

• examinees;

12. Exchange information about certified 4. The authority citation for Part 71 continues to read as follows: $ 150.20 Recognition of agreement State l Individuals with the Commission and other licenses.

independent certifying organir.ations and/or Authority: Secs.53,57,.62,63,81,161, * * * *

• Agreement States and allow periodic review 182.183,68 Stal 930,932,933. 935,948, ,.

of its certification program and related 953,954, as amended, seca. 1701,106 stat. -

records; and - (b) Notwithstanding any provision to

13. Pmvide a description to the 2951,2952,2953 (4217.S.C 2073,2077,2092, tge contrary n any spec gicense 2093, 2111, 2201, 2232, 2233, 2297f); secs. Issued by an Agreement State to a -

Commission ofits procedures for choosing 201,'as amended,202,200,88 Stat.1242, as examination sites and for providing an Person engaging in activities in a non-amended.1244,1246 (42 U.S.C. 5841,5842, appropriate examination environment. 5846). Agreement State,in an area of exclusive II. Requirements for Certi ication Programs Federal jurisdiction within an :

All certification programs must: Section 71.97 also issued under sec. Agreement State, or in offshore waters 301, Pub. L 96 295,14 stat. 789-790. under the general licenses provided in

1. Require applicants for certification to (a) 5. In $ 71.101 a new paragraph (g) is receive training in the topics set forth in this section, the general licenses

$ 34.43(g)or equivalent Agreement State added to read as follows: Provided in this section are subject to j all the provisions of the Act, now or 3

regulations, and (b) satisfactorily complete a $ 71.101 QueHty assurance requirements

• written examination covering these topics; * * * *

• hereaher in effect, and to all applicable <

2. Require applicants for certification to rules, regulations, and orders of the .

provide documentation that demonstrates (g)Radiogmphycontainers. A rogram for tre,nsport container Commission including the provisions of th topb s fort i 8 SS 30.7 (a) through.(f),30.9,30.10, 43( o nspection and maintenance limited to equivalent Agreement State regulations;(b) radiographic' exposure devices, source - 30.14(d),30.34,30.41, and 30.51 to i

satisfactorily completed a minimum period changers, or packages transporting these 30.63, inclusive, of part 30 of this of on-the-job training; and (c) has received devices and meeting the requirements of chapter; $$ 40.7 (a) through (f),40.9, verification by an Agreement State or a NRC licensee that the applicant has demonstrated $ 34.31(b) or equivhlent Agreement inclusive,40.71 State and 40.10,40.41,40.51,40.61,40.6 40.81 of part 40 of the capability ofindependently working as a requirement, is deemed to satisfy the this chapter; $$ 70.7 (a) through (f),70.9, requirements of $$ 71,12(b) and radio, graph 71.101(b) of this chapter, 70.10,70.32,70,42,70.51 to 70.56, instion questions are pmtected from inclusive,70.60 to 70.~62, inclusive, and PART 150--EXEMPTIONS AND . - 8P 8' P 4IInN procedum for denying an I 73 sub ugh o application, revoking, suspending, and 34, $$ 39.15 an 39.31 throu 39.77. ' '

reinstating a certi6cate; AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER inclusive, of part 39 of this pte'r. In ,

5. Provide a certification period of not less . SECTION,274 addition, any person engagingla than 3 years not more than 5 years,; activities in nori-Agreement States, in

6. The authority citation for Part 150 areas of exclusin Federal jurisdiction certi t ons an if the e allow continues to read as follows: within Agreement States, or in offshore renewals without examination, require Authority: Sec.181.68 stat. 948, as evidence of recent full. time employment and annual refreaher tsaining. amended, sec. 274.73 Stat. 688 (42 U.S.C. wah under tWn%MusM Provided in this section. .

2201,2021): pec. 201.88 Stat 1242, as * * * * *

7. Provide a timely response to inquiries, .

by telephone or letter, from members of the amended (42 U.S.C 5841).

-, -

• Dated at Rockville, Maryland, this 19th day ic, about an individual's certification , , of May 1997 l{s 1 0 3 1 deb $ 11 '(2 ,1 68 For the Nuclear Regulatory. Commission.

III. Requirements for Written Examinations Stat. 923,935, as amended, secs. 83,84,92 John C lloyle All examinations must be:

~ 1. Designed to test an individual's Stat.

2113,2114). 3033,3039 (42 Section 150.14 U.S.C also 201.4(e),2111' issued un der Secretaryofi decommission.

sec. 53,68 Stat. 930 as amended (42 U.S.C (FR Doc. 97-13788 Filed 5-27-97; 8:45 am]

knowledger and understanding of the topics 2073). Section 150.15 also issued under acen swNQ Coot 7s90-01-#

e l

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i k

28974 Federal Register / Vol. 62, No.102 / Wednesday, May 28, 1997 / Notices significance. As reflected in the severity SUPPLEMENT VI-FUEL CYCLE AND NUCLEAR REGULATORY MATERIALS OPERATIONS levels. safety significance includes COMMISSION actual safety consequence, potential . . . . .

Revision of the NRC Enforcement safety consequence, and regulatory C. Severity Level III-Violations Pohey significance. Changes are being made to involving for example:

Supplement VI, Fuel Cycle and * *

• AGENCY: Nuclear Regulatory Materials Operations, to provide Commission. additional or amended examples of 4. Conduct of licensed activities by a ACTION: Policy statement: Modification. violations that are of significant concern technically unqualified or uncertified

and therefore should be categorized at suun4ARY

The Nuclear Regulatory p Severity levelIIL The changes are: , , , , ,

Comadssion (NRC)is publishing a modification to its Enforcement Policy 1. Example C.4 is being amended to 8. A failure, during radiographic to add examples for categorizing the add a reference to uncertified persons.

Operations, to have present at least two significance of violations of to CFR Part Conduct oflicensed activities by an 34, Licenses for Radiography and uncertified person is significant bocadse quali ed individuals or to use radio graphic equipment, radiation Radiation Safety Requirements for the certifiMon demonstrates that the suryny instruments, and/or personnel Radiographic Operations. By a separatte person has neelved training in monitoring devices as required by 10 action published today in the Federal accordance with to CFR Part 34 or

\ Register, the Commission has issued 4 equivalent Agreement State regulation, CFR Part 34:

= *

• final rule amending to CFR Part 34. 'Ihe has satisfactorily completed aininimum a modification to the Enforcement Policy period of an on-the-job training, and has 10 auum to mm o m u reflects those amendments, received verification by an Agreement g

,PP P{ 99 P}

DATES: Consistent with the amendments State or an NRC licensee that the person a change in licensed activities that has to 10 CFR Part 34, this action is effective has demonstrated the capability of. radiological or programmatic in 90 days or on the day the independently working'as a '. signincana, such as, a change in provision of to CFR Part omes34 barticular radiographer.

effective. Comments submitted within 2. Example C.8 is being amended to ac t of with an

" st unqualified individual; a change'in the cation i ered. oq ug"ied div a A B cadon wbm Hansed acdMes am ADORES $ES: Send written comments to: during radiographic operations, to I ave being conducted, or where licensed -

The Secretary of the Commission, U.S. . present at least two qualified mater a a g st md w em he new Nuclear Regulatory Commission, individuals as required by 10 CFR Part facilities do not meet the safety Washington, DC 20555. A'ITN: 34 is significant because the guidelines; or achange in the quantity or Rulemakings and Adjudications Staff. requirement provides assurance that type of radioactive material being liand deliver comments to:11555 operational safety measures and Processed or used that has radiological Rpckville Pike, Rockville, Mary! sad. emergency pmcedures will be significance; between 7:45 am and 4:15 pm, Federal effectively. implemented.

workdays. Copies of comments received u it. A significant failure to most

3. Exam le C.12 is being added to address a failure, during radiographic decommissioning requirements may be examined at the NRC Public Document Room,2120 L Street, NW. including a falhus to notify the NRC as operation, to 'stop work after a pocket (Lower Level), Washington, DC. dosimeter is found to be off-scale, or - required by regulation or license condition, substantial failure to meet FOR FURTHER INFORIAA110N CONTACT: after an electmnic dosimeter reads decommissioning standards, failure to James Lieberman, Director, OfHee of greater than 200 mrem, and before a Enforcement, U.S. Nuclear Regulatory detennination of the individual's actual conduct and/or complete Commission, W=ehingtet, DC 20555, radiation exposure has been made. This decommimaioning activities in example is significant because of the .accordance with regulation or license e (301)415-2741.

SUPPLEAIENTARY INFORMATION:The need to evaluate the potential to exceed condition', or failure to meet requimd Commission's Enforcement Policy was regulatory limits and the need to* take schedules without adequate first issued on September 4,1980. Since corrective action. ~'/,' justification; or that time, the Enforcement Policy has Conforming changes have been made 12. A failure, during radiographic been revised on a number of occasions- in the sections affected by these operations, to stop work after a pocket most recently on June 30,1995 (60 FR revisions, dosimeter is found to have 8one off- -

34381).The Enforcement Policy was The exisdag examples for Severity , scale, or after an electronic dosimeter also published as NUREG-1600, General LevelIII violations presently address roads greater than 200 mrem, and befom Statement of Policy and Procedure for a determination is made of the NRC Enforcement Actions. As a result of other significant violations of the individual's actual radiation exposure amendments to 10 CFR Part 34 being amendments to 10 CFR Part 34 such as a failure to perfonn surveys to have been made.

published today as a final regulation, determine that the sealed source has . . . . .

revisions are warranted to the been returned to its shielded position, to Dated at Rockville Marylaod, this 19th day Enforcement Policy to provide guidance PmPerly monitoring site boundaries for of May,1997.

on categorizing potential violations of access control, and to utilize qualified the amended requirements. The For tWieWlat@missia revisions to the Enforcement Policy are RSOs. n C. Iloyle*

being issued con urrently with the new Therefore, the following revision is Semary hheCommission.

rule. made to Sup lement VI and will be IFR Doc. 97-13787 Filed 5-27-97; e.45 mm)

The Policy recognizes that violations reflected in t e next publication of s e ocoot m m have differing degrees of safety NUREG 1600: