[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Rules and Regulations]
[Pages 28948-28973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13786]



[[Page 28947]]

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Part IV





Nuclear Regulatory Commission





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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

  Federal Register / Vol. 62, No. 102 / Wednesday, May 28, 1997 / Rules 
and Regulations  

[[Page 28948]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 34, 71 and 150

RIN 3150-AE07


Licenses for Industrial Radiography and Radiation Safety 
Requirements for Industrial Radiographic Operations

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations governing industrial radiography. This final rule updates 
radiation safety requirements in order to enhance the level of 
protection of radiographers 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: June 27, 1997.

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.

SUPPLEMENTARY INFORMATION:

I. Background.
II. Final Rule Provisions and Response to Public Comments on the 
Proposed Rule.
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 Flexibility 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 established a new part 
devoted specifically to regulating the safe use of sealed sources of 
byproduct 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 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 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 from the International Union of Operating Engineers (IUOE), 
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.
    The other major provisions of the proposed rule were to: (1) 
Require mandatory certification of radiographers, (2) specify the 
qualifications and duties for a radiation safety officer, (3) include 
additional training requirements for radiographers' assistants, and (4) 
clarify the definition of a permanent radiographic installation. The 
proposed rule also revised the format of 10 CFR Part 34 to place 
requirements into categories that more accurately describe the 
requirements found in the rule.

II. Response to Public Comments on the Proposed Rule and Final Rule 
Provisions

    The comment period on the proposed rule closed May 31, 1994, but 
the NRC 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 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 of these meetings, which are available for inspection and 
copying in the NRC 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.
    This final rule includes a partial granting of the petition, PRM-
34-4, in 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 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 
Sec. 34.43(g), while a radiographer's assistant has to meet only those 
requirements in Sec. 34.43(c) and is not required to complete the 40-
hour course described.
    The estimated cost of requiring the two-person crew could be 
significant for licensees 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 one 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

[[Page 28949]]

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 
individual with, at least, the qualifications of a radiographer's 
assistant as provided in Sec. 34.41.
    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 added to 
describe a key element of the revised standards for protection against 
radiation in 10 CFR Part 20. The terms Becquerel, Gray, and Sievert 
were added to define 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 Sec. 34.11. 
The terms Certifying entity, Independent certifying organization, and 
Radiographer certification were added to describe terms associated with 
the proposed requirements for verification of radiographer training. 
The terms Collimator and S-tube were added to describe pieces of 
equipment that are used in conducting radiographic operations. The 
terms Field station and Temporary jobsite 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.
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 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 radiography, Offshore platform radiography, and Underwater 
radiography. Some 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 Sec. 34.43, Training, a definition for hands-on 
experience was 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 
Part 21 were not added to 10 CFR Part 34 to avoid the potential for 
confusion 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 Sec. 34.43(g). NRC only 
requires this training for radiographers. Although the NRC is not 
adopting the term trainee or requiring radiographers' assistants to 
have the same training as radiographers, the Agreement States are not 
prohibited from using the term in their requirements or from requiring 
the additional training.

Section 34.5: Interpretations

    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 interpretations of the regulations which

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will be binding on the Commission. No comments were received on this 
section.

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 received on this section.

Section 34.13: Specific License for Industrial Radiography

    This section (previously Sec. 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 radiographers and 
assistants, a requirement for submitting procedures for verifying and 
documenting the certification status of radiographers, a requirement to 
designate and identify a Radiation Safety Officer (RSO) 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 stations and permanent 
radiographic installations.
    The requirement for conducting field inspections of job performance 
of radiographers and assistants was moved to Sec. 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 Sec. 34.43.
    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 perform 
the leak testing.
Comment
    Nine comment letters addressed this section. Six opposed changing 
the frequency of required licensee inspections of radiographers and 
radiographers' 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 
(Sec. 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 radiographers and radiographers' assistants should be maintained, 
the Commission believes that the increased training required for 
radiographers' assistants, the requirement for the certification of 
radiographers, 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 inspections indicate that 
a semiannual frequency may be preferable and has modified the final 
rule to require semiannual inspections. The requirement for conducting 
the field inspections for radiographers and radiographers' assistants 
has been moved to Sec. 34.43 to more accurately reflect its role in the 
training program. Additional information concerning the specifics of 
these inspections is given in Sec. 34.43(e).
    Paragraph (b) specifies that training for industrial radiographers 
and radiographers' assistants must meet the requirements of Sec. 34.43. 
The new requirement to establish procedures to verify the certification 
status of radiographers applies to previously certified radiographers 
hired by the licensee. However, the licensee will be required to ensure 
that all radiographers 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 
radiographers before the mandatory 2-year implementation date in lieu 
of describing its initial training program in the subjects outlined in 
Sec. 34.43(g). With the adoption of mandatory certification for 
industrial radiographers, 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 Sec. 34.43(g) for 
radiographers 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 RSO's responsibility is to ensure that the radiation safety 
program is implemented in accordance with NRC regulations and with the 
licensee's operating and emergency procedures. Further discussion on 
the qualifications and duties of this individual are addressed under 
Sec. 34.42.
    In response to comments on Sec. 34.27 that testing of radiographic 
devices for DU contamination should be incorporated in the section on 
testing of sealed sources for leakage, Sec. 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 Sec. 34.89 that 
provisions in the proposed rule requiring retention of records at 
specific locations was overly burdensome, a new Sec. 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 Radiography 
Equipment

    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 Sec. 34.20(c) to make it clear that it is one of the 
pieces of equipment that must meet the requirements of Sec. 34.20. 
Section 34.20(f) was added in the proposed rule to require labeling of 
all associated equipment acquired after January 10, 1996, to identify 
that the components have met the requirements of Sec. 34.20.
Comment
    Six comment letters addressed this section. Three commenters were 
concerned that Sec. 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

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differed from the existing Sec. 34.20(b)(3). One commenter requested 
examples of ``reasonably foreseeable abnormal conditions'' discussed in 
Sec. 34.20(c)(1). One commenter expressed concern over the crushing and 
kinking tests for the guide tube listed in Sec. 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 Sec. 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 labelled. 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 of its components is replaced by a labelled 
replacement component from a different manufacturer.
Response

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 Sec. 34.20(a) and (b) because these 
items are addressed in the ANSI Standard N432-1980.

Section 34.20(b)

    The Commission recognizes that the manufacturer generally provides 
much of the information required concerning the equipment initially and 
generally 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 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.

Section 34.20(c)

    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 prototypes to performance standards. This paragraph, 
Sec. 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 Sec. 34.51. 
However, the Commission has reconsidered its decision, and while 
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 may provide an equal level of safety and 
may be more appropriate, provided the 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 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 
Sec. 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 Sec. 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 Storage Containers and 
Source Changers

    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 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.
Comment
    One comment was received on this section that indicated 
Sec. 34.21(b) was confusing as written because the language in the 
proposed rule stated that Sec. 34.21 would only apply to storage 
containers.
Response
    NRC agrees and has rewritten Sec. 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,

[[Page 28952]]

is no longer needed and has been deleted from the final rule.

Section 34.23: Locking of Radiographic Exposure Devices, Storage 
Containers and Source Changers

    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.
Comment
    Twelve comments were received on the new proposed Sec. 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 radiographers 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 overexposures.
    (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 control tube or 
guide tube and cause excessive wear and would also increase radiation 
exposure to the extremities of the radiographers concerned.
Response
    The NRC agrees with the commenters and has deleted the proposed 
Sec. 34.23(b) from the final rule and modified the proposed 
Sec. 34.23(a). The final rule contains requirements that the source be 
secured after each exposure [Sec. 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, Sec. 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 
Sec. 34.20 including automatic securing.

Section 34.25: Radiation Survey Instruments

    This section (previously Sec. 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 survey meter calibrations from quarterly to 
semiannually and provided specific 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 
Sec. 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.
Response
    The operability check, originally proposed for Sec. 34.25, has been 
moved to Sec. 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 Sec. 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 Sec. 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 Sec. 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.

Section 34.27: Leak Testing and Replacement of Sealed Sources

    This section (previously Sec. 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

[[Page 28953]]

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 
to 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 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 DU 
contamination. Two commenters suggested that DU testing not be required 
for devices in storage. Another suggested that the DU testing be 
integrated into the required 6-month leak 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 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 
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 evaluation (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).

Section 34.29: Quarterly Inventory

    This section (previously Sec. 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 Sec. 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 Radiographic Exposure 
Devices, Transport and Storage Containers, Associated Equipment, Source 
Changers, and Survey Instruments

    This section (previously Sec. 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 to clarify that licensees are 
not required to perform all maintenance. Many equipment repairs may 
require returning the device to the manufacturer. A 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 instrument 
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.
    In response to a comment on Sec. 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 Radiographic Installations

    This section (previously Sec. 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

[[Page 28954]]

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 Sec. 20.1601(a)(1) 
would be tested monthly 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 
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 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 Sec. 20.1601(a)(1) and 
the alarm systems described in Sec. 34.33(a)(2). Daily testing is 
required for the audible and visual alarms described in 
Sec. 34.33(a)(2). Systems whereby the radiation level is automatically 
reduced upon entry (Sec. 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 found 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: Labeling, Storage, 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 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 Sec. 71.105.
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 Sec. 34.31(b) will 
satisfy the requirements in Sec. 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 Sec. 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 Sec. 34.31(b) or equivalent Agreement State regulations, 
need not be submitted separately as a QA program for Commission 
approval. This change eliminates the potential for duplicate submission 
of information and reduces the monetary burden on radiography 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: Conducting Industrial Radiographic 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 Sec. 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 radiographed 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 these 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 Sec. 34.43(c).
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 within 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 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

[[Page 28955]]

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 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 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 text 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 Safety Officer for Industrial Radiography

    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 minimum of 2000 hours of 
documented experience as a qualified radiographer in industrial 
radiographic operations. Among the responsibilities of the RSO 
specified in the proposed rule, were the establishment and oversight of 
all operating, emergency, and ALARA procedures and conduct of the 
annual review of the radiation protection program required by 
Sec. 20.1101(c).
Comment
    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 hours of 
experience in radiographic operations would cause many well trained 
persons to be disqualified. Several commenters stated that they used 
RSOs 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 RSO for a 
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 RSO be broad enough to encompass X-ray radiography. 
Another commenter suggested that the NRC should consider modifying its 
requirements to permit fulfillment of the qualifications by more than 
one individual.
Response
    The requirement for 2000 hours of documented experience in 
radiographic operations has been changed to read 2000 hours 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 
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 use 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 Houston, Texas. A number of 
licensees attending the workshop maintained that requiring 
documentation of 2000 hours would be overly burdensome.
    A provision for the NRC to consider alternatives, based upon the 
licensee's submittal of the proposed RSO's credentials, has also been 
added to provide flexibility for licensees that engage in other 
activities involving NRC licensed material where the RSO would not 
likely be a radiographer but would be a radiation protection 
professional. The qualifications, training, and experience required of 
the RSO will vary depending upon the complexity of the licensee's 
operations and the number of individuals potentially involved.
    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 radiation protection program, has been modified to 
delete the requirement that it be a 40-hour course. The primary 
requirement is that the training properly addresses the appropriate 
subjects without regard to specification of the hours spent. Other 
minor word changes have been made for clarification. In response to a 
comment, paragraph (c)(5) has been changed to clarify that the RSOs 
must have the authority to assume control for instituting corrective 
actions, including stopping operations when necessary in emergency 
situations or unsafe conditions.

Section 34.43: Training

    This section addresses training requirements for industrial 
radiographers and radiographers' assistants. Section 34.43(a) in the 
proposed rule was revised to require radiographers to be certified by a

[[Page 28956]]

certifying entity meeting the criteria specified in Appendix A to 10 
CFR Part 34.
    In addition, the proposed rule incorporated some additional 
training in NRC regulations for radiographers' assistants, required 
written tests for radiographers' assistants, required annual refresher 
safety training for radiographers and assistants, and reduced the 
frequency of inspection of radiographers and assistants from quarterly 
to annually.
    Training subjects previously listed in Appendix A were moved to 
Sec. 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 ``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 Sec. 34.43(d), which reduced the inspection of 
the job performance of radiographers and radiographers' 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 programs 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 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 radiographers 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 
radiographers to provide a consistent standard by which training of all 
radiographers 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 
Sec. 34.43(g), licensees still must ensure that newly hired individuals 
have completed, or are provided, the appropriate training in the 
subjects listed in Sec. 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 Sec. 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 specified in Sec. 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 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 radiographers tested by an independent certifying 
organization should be minimal.
    In response to comments, Sec. 34.43(e) is modified in the final 
rule to require inspections of radiographers and radiographers' 
assistants on at least a semiannual basis. With the required 
certification of radiographers and the additional training required of 
radiographers' 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. Radiographers or radiographers' 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 Sec. 34.43(b)(3) and Sec. 34.43(c)(3), 
respectively, by a practical examination before their next 
participation in radiographic operations. Flexibility has been provided 
in Sec. 34.43(e) of the final rule for situations where the RSO also 
serves as a radiographer. In such cases, licensees must include 
information in their application as to how they will ensure that the 
proficiency of the radiographer is maintained.

Section 34.45: Operating and Emergency Procedures

    This section (previously Sec. 34.32) identifies the procedures that 
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) carried 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 characteristics and/or peculiarities and that specifics for 
source recovery would be better addressed 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 identifying and 
reporting defects and malfunctions under 10 CFR Part 21 and 
Sec. 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 that the Commission should address procedures 
for lay-barge, offshore platform, and underwater

[[Page 28957]]

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 instruments 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, Sec. 34.101 
requires notification of the NRC only when a defect or malfunction is 
observed that corresponds to any of the incidents described under 
Sec. 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 Sec. 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.

Section 34.46: Supervision of Radiographers' Assistants

    This section (previously Sec. 34.44) specifies requirements for 
radiographers' 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.

Section 34.47: Personnel Monitoring

    This section (previously Sec. 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 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 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 Sec. 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 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 Sec. 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 Houston, 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 radiographers often rely on alarming ratemeters to alert them that 
the source has not been retracted into the camera rather than 
performing a survey to verify that the source is properly stored. 
Because of this, these commenters believed that the requirement to 
always wear an alarming ratemeter should be removed from the 
regulations. A number of licensees at the workshop stated 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 
under which they work. A number of commenters at the workshop did not 
agree with lengthening the replacement frequency for TLDs to quarterly 
on the basis that frequent checks of workers' doses were needed due to 
the potential for high doses. Several commenters requested flexibility 
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.
Response
    The final rule allows replacement of TLDs on a 3-month basis. The 
comments of the Agreement States requesting continuation of the monthly 
frequency were not adopted. The RSO is responsible for ensuring that 
worker doses are maintained ALARA. The purpose for requiring pocket 
dosimeter readings to be recorded daily is to ensure that worker doses 
are maintained 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 purposes. The NRC has agreed to change the 
accuracy requirement for pocket 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

[[Page 28958]]

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 
radiographers failing to make the proper surveys, the evidence the 
Commission has seen demonstrates that overexposures 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 overexposures. 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 dosimeters 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 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

    This section (previously Sec. 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 these was to replace the 360 deg. survey 
of the exposure device with a requirement to conduct a survey when 
approaching the exposure device and the guide tube 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
    Eight comment letters were received on this section. One commenter 
noted that a number of NRC licensees have been fined in the past for 
failing to do the 360 deg. survey of the radiographic exposure device 
and the guide tube exactly as designated and now the NRC is deleting 
the requirement. One commenter 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 
conditions change, i.e., whenever radioactive material is added to or 
removed from the storage area. The last commenter noted that 
Sec. 34.49(f) would require the maintenance of records per Sec. 34.85, 
which in turn states that survey records to be maintained are those of 
the last survey performed in the work day as specified in 
Sec. 34.49(d). The commenter was concerned that records would be 
interpreted as measurements of all of the 12 to 18 measurements 
specified in Sec. 34.21, and suggested a single measurement made at the 
outlet port of the radiography device each day would provide an 
adequate record and also any significant change in the reading obtained 
at this position would be an 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 Secs. 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 Sec. 34.49(c) requires a survey whenever a radiographic 
exposure device is placed in storage, and Sec. 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.

Section 34.51: Surveillance

    This section (previously Sec. 34.41) specifies requirements for 
radiographers 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 Sec. 34.33, Permanent Radiographic Installations. In response to 
comments at the December 1994, 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: Posting

    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 rope or tape used to post 
restricted areas for radiography be colored magenta and yellow. The 
commenter 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 
requirements of Sec. 20.1903(c).
Response
    No change was made to the final rule to exempt posting of very high 
radiation areas. Most industrial radiography programs are limited to 
the use of sources that do not create very high radiation areas as 
defined in Sec. 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.

Subpart E-Recordkeeping Requirements

    This new subpart places all recordkeeping and notification

[[Page 28959]]

requirements for 10 CFR Part 34 in one location.

Section 34.61: Records of Specific Licenses for Industrial Radiography

    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.

Section 34.63: Records of Receipt and Transfer of Sealed Sources

    This new section in the proposed rule requires licensees to 
maintain 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 Sec. 34.25. The 
recordkeeping requirements were previously included in existing 
Sec. 34.24. This section would require licensees to maintain 
calibration records for radiation survey instruments for 3 years after 
the record is made.
Comment
    One comment letter was received on this section. The commenter 
requested that the operability check required under Sec. 34.25 be 
included in the records maintained under this section.
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.

Section 34.67: Records of Leak Testing and Replacement of Sealed 
Sources

    This new section contains recordkeeping requirements previously 
included in Sec. 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 Quarterly Inventory

    This new section contains recordkeeping requirements previously 
contained in Sec. 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 contain 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 Logs

    This new section contains recordkeeping requirements previously 
included in Sec. 34.27. The proposed rule would have required 
additional pieces of 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 RSO may 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 radiographers 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 requirement to include the 
radiographer's signature.
Response
    Licensees at the December 1994 workshop in Houston, Texas, stated 
that their radiographers were signing the log as required and either 
mailing or faxing a copy of the document to the RSO 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 within the context intended in Sec. 34.71. If the radiographer 
intends to load a sealed source into the empty exposure device, then a 
storage container which contains a sealed source must be checked out as 
specified in Sec. 34.71(a)(1) and an entry made in the utilization log. 
This provision was retained in the final rule.

Section 34.73: Records of Inspection and Maintenance of Radiographic 
Exposure Devices, Storage Containers, Associated Equipment, Source 
Changers, and Survey Instruments

    This new section contains recordkeeping requirements previously 
contained in Sec. 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 Sec. 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 Sec. 34.73 should include 
inspection records of survey instruments, equipment problems, and 
records of maintenance performed.
Response
    The first comment was not adopted because sufficient requirements 
are already in place under Sec. 34.49 and Sec. 20.1302 to ensure that 
licensees are in compliance with the public dose limits. Licensees may 
choose to include 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 Sec. 34.31 in the final rule.

[[Page 28960]]

Section 34.79: Records of Training and Certification

    This new section includes recordkeeping requirements previously 
included in Sec. 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 radiographers and radiographers' 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 such training and testing. The term ``annual safety 
review'' was changed in the final rule to ``annual refresher safety 
training'' to clarify its role in the licensees'' training program.

Section 34.81: Copies of Operating and Emergency Procedures

    This new section includes requirements previously included in 
Sec. 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 Monitoring

    This new section includes recordkeeping requirements previously 
included in Sec. 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.
Response
    These records are already required under Sec. 34.65. Therefore, no 
change was made to this section.

Section 34.85: Records of Radiation Surveys

    This section (previously Sec. 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 this section.

Section 34.87: Form of Records

    This section (previously Sec. 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.

Section 34.89: Location of Documents and Records

    This new section addresses requirements for licensees to maintain 
certain records at locations where radiographic operations occur, such 
as at a permanent 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 licensees have records available at the 
appropriate locations to maintain safe operations. The records include 
a copy of the license, copies of pertinent NRC regulations, utilization 
records for the devices in use at the temporary 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
    Three 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, Sec. 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 Sec. 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 writing before using or storing radioactive 
material in any location for more than 180 days.
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.
Response
    The final rule was changed to acknowledge the reporting 
requirements in 10 CFR Parts 21 and 30. However, as noted in the 
response to Sec. 34.45, Sec. 34.101 requires NRC notification when a 
defect or malfunction is observed that corresponds to any of the 
incidents described under that Sec. 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 Exemptions

    This section of the proposed rule addressed exemptions and was 
basically the same as Sec. 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.

[[Page 28961]]

Section 34.121: Violations

    This section in the proposed rule addressed violations and was 
basically the same as Sec. 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 Sec. 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 
Appendix A in the current 10 CFR Part 34 were relocated to 
Sec. 34.43(g). Part I of Appendix A in the proposed rule provided the 
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.
    An acceptable certification program would include training in the 
subjects listed in Sec. 34.43(g), completion of a written and practical 
examination, and a minimum period of on-the-job experience.
Comment
    Four comment letters addressing this section were received. One 
commenter questioned how the technical content of the examination could 
be at a ninth-grade reading level and expressed a view that the 
requirement for a 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 psychometric 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 needed if the program is small;
    References to applicable 10 CFR Part 34 sections should also 
include ``applicable Agreement State regulations'';
    Provisions in II.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.
Response
    The final rule was changed to clarify that the certification 
program for any independent organization should 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 I.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, Texas, 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.

10 CFR Part 150: Exemptions and Continued Regulatory Authority in 
Agreement States and in Offshore Waters Under Section 274

    Section 150.15b 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.
Comment
    Two comments were received regarding this section from Agreement 
States objecting to the language that reserves the authority over 
certification to 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 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 
radiographers continues to 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 effective date of the revision to 10 
CFR Part 34.
Response
    The use of the language in Sec. 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 national 
certification program, whereby radiographers would be able to work in 
several States without needing to be recertified in each State, 
uniformity of these programs is essential. Any State choosing to 
identify an independent certifying organization or choosing to be

[[Page 28962]]

a certifying entity would be expected to follow criteria compatible 
with those in Appendix A. NRC will 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.

IV. Agreement State Compatibility

    Sections of the rule will be a matter of compatibility between the 
NRC 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 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 will not be required to adopt these 
definitions.
    C. The following sections are compatibility Division 3: Secs. 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 
Secs. 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 on inland waters or 
tidal waters subject to the State's jurisdiction.
    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 Register, 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 
Sec. 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 Sec. 34.41(a).
    All current RSOs will have two years to implement the additional 
RSO training requirements specified in Sec. 34.42(a), and to comply 
with the mandatory certification requirements in Sec. 34.43(a)(2).
    Licensees will have 2 years from the effective date of the rule to 
affirm that all radiographers have met the certification requirements 
of Sec. 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 radiographers.
    Licensees are required 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 Sec. 71.101, Quality 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 Sec. 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

    The Commission has determined under the National Environmental 
Policy Act of 1969, as amended, and the Commission's regulations in 
Subpart A of 10 CFR Part 51, that the rule is not a major Federal 
action significantly affecting 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 the field of 
industrial radiography. In particular, the revisions include: upgrades 
in the testing of radiographers, qualifications and duties for 
radiation safety officers, reductions in inspection frequencies for 
radiographers 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 20555-0001, telephone (301) 415-6257.

[[Page 28963]]

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.). 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 hours per licensee, including the time for 
reviewing 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, NEOB-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 OMB 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 concerning the final regulatory analysis. 
This analysis is available for inspection in the NRC Public Document 
Room at 2120 L Street NW. (Lower Level), Washington, DC.

IX. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
the 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 industrial radiography licensees, of which most are small entities. 
The regulatory analysis for the 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 hire additional 
assistants to meet the two-person requirement, the cost used in the 
regulatory analysis was between $5,000 and $53,000 per year.

X. Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
``major rule'', and has submitted this determination to the General 
Accounting Office and the Congress, as required.

XI. Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this rule and, 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

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 34

    Byproduct material, Criminal penalties, Nuclear material, Packaging 
and containers, Radiation protection, Radiography, Reporting and 
recordkeeping requirements, Scientific equipment, Security measures.

10 CFR Part 71

    Criminal penalties, Hazardous materials transportation, Nuclear 
materials, Packaging and containers, Reporting and recordkeeping 
requirements.

10 CFR Part 150

    Hazardous materials transportation, Intergovernmental relations, 
Nuclear materials, Penalties, Reporting and recordkeeping requirements, 
Security measures, Source material, Special nuclear material.

    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 OF 
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).


Sec. 30.4  [Amended]

    2. In Sec. 30.4, the definitions of Radiographer, Radiographer's 
assistant, and Radiography 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

Subpart A--General Provisions

Sec.
    34.1  Purpose and scope.
    34.3  Definitions.
    34.5  Interpretations.
    34.8  Information collection requirements: OMB approval.

Subpart B--Specific Licensing Provisions

    34.11  Application for a specific license.
    34.13  Specific license for industrial radiography.

Subpart C--Equipment

    34.20  Performance requirements for industrial radiography 
equipment.
    34.21  Limits on external radiation levels from storage 
containers and source changers.
    34.23  Locking of radiographic exposure devices, storage 
containers, and source changers.
    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.

[[Page 28964]]

    34.42  Radiation Safety Officer for industrial radiography.
    34.43  Training.
    34.45  Operating and emergency procedures.
    34.46  Supervision of radiographers' 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 license 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.
    34.69  Records of quarterly inventory.
    34.71  Utilization logs.
    34.73  Records of inspection and maintenance of radiographic 
exposure devices, transport and storage containers, associated 
equipment, source changers, and survey instruments.
    34.75  Records of alarm system and entrance control checks at 
permanent 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 exemptions.

Subpart H--Violations

    34.121  Violations.
    34.123  Criminal penalties.
Appendix A to 10 CFR Part 34--Radiographer Certification.

    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


Sec. 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.


Sec. 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, and in relation to 
utilization of nuclear energy and licensed materials in the 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, 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 (Bq) 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 guide tube or directly onto a radiographic exposure device to 
restrict the size of the radiation beam when the sealed source is 
cranked into position to make a radiographic exposure.
    Control (drive) cable means the cable that is connected to the 
source assembly and used to drive the source to and from the exposure 
location.
    Control drive mechanism means a device that enables the source 
assembly to be moved to and from the exposure device.
    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 
sealed 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 flexible or rigid tube 
(i.e., ``J'' tube) for guiding the source assembly and the attached 
control 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.
    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 a platform over a body of water.
    Permanent radiographic installation means an enclosed shielded 
room, cell, or vault, not located at a temporary jobsite, in which 
radiography is performed.
    Practical Examination 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 
Sec. 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

[[Page 28965]]

regulations and the conditions of the license.
    Radiographer certification means written approval received from a 
certifying entity stating that an individual has satisfactorily met 
certain established radiation safety, testing, and experience criteria.
    Radiographer's assistant means any individual who under the direct 
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, from a shielded to unshielded position for 
purposes of making a radiographic exposure.
    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 boundaries, 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).
    Source assembly means an assembly that consists of the sealed 
source and a connector that attaches the source to the control cable. 
The source 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 transporting and storage of sealed sources.
    Storage area means any location, facility, or vehicle which is used 
to store or to secure a radiographic exposure device, a storage 
container, or a sealed source when it is not in use and which is locked 
or has a physical barrier to prevent accidental exposure, tampering 
with, or unauthorized removal of the device, container, or source.
    Storage container means a container in which sealed sources are 
secured and stored.
    Temporary 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 radiographic exposure device and/or related equipment are beneath 
the surface of the water.


Sec. 34.5  Interpretations.

    Except as specifically authorized by the Commission in writing, no 
interpretation of the meaning of the regulations in this part by any 
officer or employee of the Commission, other than a written 
interpretation by the General Counsel, will be recognized to be binding 
upon the Commission.


Sec. 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 part appear in Secs. 34.13, 34.20, 34.25, 34.27, 34.29, 34.31, 
34.33, 34.35, 34.43, 34.45, 34.47, 34.49, 34.61, 34.63, 34.65, 34.67, 
34.69, 34.71, 34.73, 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) In Sec. 34.11, NRC Form 313 is approved under control number 
3150-0120.
    (2) [Reserved]

Subpart B--Specific Licensing Provisions


Sec. 34.11  Application 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 Sec. 30.32 of this chapter.


Sec. 34.13  Specific license for industrial radiography.

    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 
Sec. 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 
radiographers and radiographers' assistants that meets the requirements 
of Sec. 34.43.
    (1) After May 28, 1999, a license applicant need not describe its 
initial training and examination program for radiographers in the 
subjects outlined in Sec. 34.43(g).
    (2) From June 27, 1997 to May 28, 1999 a license applicant may 
affirm that all individuals acting as industrial radiographers will be 
certified in radiation safety by a certifying entity before commencing 
duty as radiographers. This affirmation substitutes for a description 
of its initial training and examination program for radiographers in 
the subjects outlined in Sec. 34.43(g).
    (c) The applicant submits procedures for verifying and documenting 
the certification status of radiographers and for ensuring that the 
certification of individuals acting as radiographers remains valid.
    (d) The applicant submits written operating and emergency 
procedures as described in Sec. 34.45.
    (e) The applicant submits a description of a program for 
inspections of the job performance of each radiographer and 
radiographers' assistant at intervals not to exceed 6 months as 
described in Sec. 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 (Sec. 34.42) and potential 
designees responsible for ensuring that the licensee's radiation safety 
program is implemented in accordance with approved procedures.
    (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

[[Page 28966]]

performing and the qualifications of the person(s) authorized to do the 
leak testing. If the applicant intends to analyze its own wipe 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 Sec. 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


Sec. 34.20  Performance requirements for industrial radiography 
equipment.

    Equipment used in industrial radiographic operations must meet the 
following minimum criteria:
    (a)(1) Each radiographic exposure device, source assembly or sealed 
source, and all associated equipment must meet the requirements 
specified in American National Standards 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)and 1 CFR part 51. 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 inspection at the Nuclear Regulatory Commission 
Library, 11545 Rockville Pike, Rockville, Maryland 20852. A copy of the 
document is also on file at the Office of the Federal Register, 800 
North Capitol Street NW., suite 700, Washington, DC.
    (2) Engineering analysis may be submitted by an applicant or 
licensee to demonstrate the applicability of previously performed 
testing on similar individual radiography equipment components. Upon 
review, the Commission may 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 section, the following requirements apply to radiographic exposure 
devices, 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--
    (i) Chemical symbol and mass number of the radionuclide in the 
device;
    (ii) Activity and the date on which this activity was last 
measured;
    (iii) Model (or product code) and serial number of the sealed 
source;
    (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 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.
    (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.
    (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: 
``DANGER--RADIOACTIVE.''
    (ii) The label 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 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.
    (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 
Sec. 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 torque that an individual using the 
radiography equipment can realistically exert on the lever or 
crankshaft of the drive mechanism.


Sec. 34.21  Limits on external radiation levels from storage containers 
and source changers.

    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.


Sec. 34.23  Locking of radiographic exposure devices, storage 
containers and source changers.

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

[[Page 28967]]

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 Sec. 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.


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


Sec. 34.27  Leak testing 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.
    (b) 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 be 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 Sec. 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 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 
evaluation reveal that the S-tube is worn through, the device may not 
be used 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 Sec. 34.67.


Sec. 34.29  Quarterly inventory.

    (a) Each licensee shall conduct a quarterly physical inventory to 
account for all sealed sources and for devices containing depleted 
uranium received and possessed under this license.
    (b) The licensee shall maintain records of the quarterly inventory 
in accordance with Sec. 34.69.


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

[[Page 28968]]

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.
    (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 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 Sec. 34.73.


Sec. 34.33  Permanent radiographic installations.

    (a) Each entrance that is used for personnel access to the high 
radiation area in a permanent radiographic installation must have 
either:
    (1) An entrance control of the type described in Sec. 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 licensee 
implements the continuous surveillance requirements of Sec. 34.51 and 
uses an alarming ratemeter. Test records for entrance controls and 
audible and visual alarm must be maintained in accordance with 
Sec. 34.75.


Sec. 34.35  Labeling, storage, 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 the standard trefoil radiation caution symbol 
conventional colors, i.e., 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 loss, tampering, or unauthorized removal of the 
licensed material from the vehicle.

Subpart D--Radiation Safety Requirements


Sec. 34.41  Conducting industrial radiographic 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 Sec. 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.


Sec. 34.42  Radiation Safety Officer for industrial radiography.

    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 RSOs 
for industrial radiography are as follows:
    (1) Completion of the training and testing requirements of 
Sec. 34.43(a);
    (2) 2000 hours of hands-on experience as a qualified radiographer 
in industrial radiographic operations; and
    (3) Formal training in the establishment and maintenance of a 
radiation protection program.
    (b) The Commission will consider alternatives when the RSO 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 Sec. 20.2203 of this chapter; and
    (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 until May 28, 1999 to meet the requirements 
of paragraph (a) or (b) of this section.


Sec. 34.43  Training.

    (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

[[Page 28969]]

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 May 28, 1999, 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.
    (b) In addition, the licensee may not permit any individual to act 
as a radiographer until the individual--
    (1) Has received copies of and instruction in the requirements 
described in NRC regulations contained in this part; in Secs. 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;
    (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 practical 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 Secs. 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;
    (2) Has developed competence to use, under the personal supervision 
of the radiographer, the radiographic exposure devices, sealed sources, 
associated equipment, and radiation survey instruments that the 
assistant will use; and
    (3) Has demonstrated understanding of the instructions provided 
under (c)(1) of this section by successfully completing a written test 
on the subjects covered and has demonstrated competence in the use of 
hardware described in (c)(2) of this section by successful completion 
of a practical 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 months since the last inspection, the radiographer must 
demonstrate knowledge of the training requirements of Sec. 34.43(b)(3) 
and the radiographer's assistant must re-demonstrate knowledge of the 
training requirements of Sec. 34.43(c)(2) by 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 Sec. 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--
    (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 regulations; and
    (5) Case histories of accidents in radiography.
    (h) Licensees will have until May 28, 1998 to comply with the 
additional training requirements specified in paragraphs (b)(1) and 
(c)(1) of this section.


Sec. 34.45  Operating and emergency 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;
    (4) Methods and occasions for locking and securing radiographic 
exposure devices, transport and storage containers and sealed sources;
    (5) Personnel monitoring and the use of personnel monitoring 
equipment;
    (6) Transporting sealed sources to field locations, including 
packing of radiographic exposure devices and

[[Page 28970]]

storage containers in the vehicles, 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 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 Secs. 34.81 and 34.89.


Sec. 34.46  Supervision of radiographers' assistants.

    Whenever a radiographer's assistant uses radiographic exposure 
devices, associated equipment or sealed sources or conducts radiation 
surveys required by Sec. 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;
    (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 referred to in this section.


Sec. 34.47  Personnel monitoring.

    (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 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 Sec. 34.83.
    (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 
Sec. 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 cannot be ruled out as the cause, the individual's film badge 
or TLD must be sent for processing within 24 hours. 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 RSO or the RSO's designee. 
The results of this determination must be included in the records 
maintained in accordance with Sec. 34.83.
    (e) If a film badge or TLD is lost or damaged, the worker shall 
cease work immediately 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 Sec. 34.83.
    (f) Reports received from the film badge or TLD processor must be 
retained in accordance with Sec. 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;
    (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 Sec. 34.83.


Sec. 34.49  Radiation surveys.

    The licensee shall:
    (a) Conduct surveys with a calibrated and operable radiation survey 
instrument that meets the requirements of Sec. 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 Sec. 34.3), to ensure that the sealed source is in its 
shielded position.
    (d) Maintain records in accordance with Sec. 34.85.


Sec. 34.51  Surveillance.

    During each radiographic operation the radiographer, or the other 
individual present, as required by Sec. 34.41, shall maintain 
continuous direct visual surveillance of the operation 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 
Sec. 34.33 are met.


Sec. 34.53  Posting.

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

Subpart E--Recordkeeping Requirements


Sec. 34.61  Records of the specific license for industrial radiography.

    Each licensee shall maintain a copy of its license, license 
conditions,

[[Page 28971]]

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.


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


Sec. 34.65  Records of radiation survey instruments.

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


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

    Each licensee shall maintain records of leak test results for 
sealed 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.


Sec. 34.69  Records of quarterly inventory.

    (a) Each licensee shall maintain records of the quarterly inventory 
of sealed sources and of devices containing depleted uranium as 
required by Sec. 34.29 and retain each record for 3 years after it is 
made.
    (b) The record must include the date of the inventory, name of the 
individual conducting the inventory, radionuclide, 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.


Sec. 34.71  Utilization logs.

    (a) Each licensee shall maintain utilization logs showing for each 
sealed source the following information:
    (1) A description, 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
    (3) 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.


Sec. 34.73  Records of inspection and maintenance of radiographic 
exposure devices, transport and storage containers, associated 
equipment, source changers, and survey instruments.

    (a) Each licensee shall maintain records specified in Sec. 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.


Sec. 34.75  Records of alarm system and entrance control checks at 
permanent radiographic installations.

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


Sec. 34.79  Records of training 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 safety 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 performance, the records must also 
include a list showing the items checked and any non-compliances 
observed by the RSO.


Sec. 34.81  Copies of operating and emergency procedures.

    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.


Sec. 34.83  Records of personnel monitoring Procedures.

    Each licensee shall maintain the following exposure records 
specified in Sec. 34.47:
    (a) Direct reading dosimeter readings and yearly operability checks 
required by Sec. 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.
    (c) Reports received from the film badge or TLD processor until the 
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.


Sec. 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 
Sec. 34.49(c), if that survey is the last one performed in the workday. 
Each record must be maintained for 3 years after it is made.


Sec. 34.87  Form of records.

    Each record required by this part must be legible throughout the 
specified retention period. The record may be the original or a 
reproduced 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 copy throughout the required retention period. 
The record may also be stored in electronic media with the capability 
for producing legible, accurate, and 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 adequate 
safeguards against tampering with and loss of records.


Sec. 34.89  Location of documents and records.

    (a) Each licensee shall maintain copies of records required by this 
part and other applicable parts of this chapter at the location 
specified in Sec. 34.13(k).
    (b) Each licensee shall also maintain copies of the following 
documents and records sufficient to demonstrate compliance at each 
applicable field station and each temporary jobsite;

[[Page 28972]]

    (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 Sec. 34.71.
    (4) Records of equipment problems identified in daily checks of 
equipment as required by Sec. 34.73(a);
    (5) Records of alarm system and entrance control checks required by 
Sec. 34.75, if applicable;
    (6) Records of direct reading dosimeters such as pocket dosimeter 
and/or electronic personal dosimeters readings as required by 
Sec. 34.83;
    (7) Operating and emergency procedures required by Sec. 34.81;
    (8) Evidence of the latest calibration of the radiation survey 
instruments in use at the site, as required by Sec. 34.65;
    (9) Evidence of the latest calibrations of alarm ratemeters and 
operability checks of pocket dosimeters and/or electronic personal 
dosimeters as required by Sec. 34.83;
    (10) Latest survey records required by Sec. 34.85;
    (11) The shipping papers for the transportation of radioactive 
materials required by Sec. 71.5 of this chapter; and
    (12) When operating under reciprocity pursuant to Sec. 150.20 of 
this chapter, a copy of the Agreement State license authorizing the use 
of licensed materials.

Subpart F--Notifications


Sec. 34.101  Notifications.

    (a) In addition to the reporting requirements specified in 
Sec. 30.50 and under other sections of this chapter, such as 
Sec. 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;
    (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;
    (2) Cause of each incident, if known;
    (3) Name of the manufacturer and model number of equipment involved 
in the incident;
    (4) Place, date, and time of the incident;
    (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 Sec. 30.6(a)(2) of this 
chapter prior to exceeding the 180 days.

Subpart G--Exemptions


Sec. 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.

Subpart H--Violations


Sec. 34.121  Violations.

    (a) The Commission may obtain an injunction or other court order to 
prevent a violation of the provisions of--
    (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 to these Acts.
    (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 Atomic Energy Act of 1954, as amended;
    (ii) Section 206 of the Energy Reorganization Act;
    (iii) Any rule, regulation, or order issued pursuant to the 
sections specified in paragraph (b)(1)(i) of this section.
    (iv) Any term, condition, or limitation of any license issued under 
the sections specified 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.


Sec. 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 Secs. 161b, 161i, or 161o of the Act. For purposes of 
Section 223, all the regulations in 10 CFR part 34 are issued under one 
or more of Secs. 161b, 161i, or 161o, 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 161b, 161i, or 161o for the purposes of Section 223 are as 
follows: Secs. 34.1, 34.3, 34.5, 34.8, 34.11, 34.13, 34.111, 34.121, 
34.123.

Appendix A to 10 CFR Part 34--Radiographer Certification

I. 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 
nationwide that is not restricted because of race, color, religion, 
sex, age, national origin 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;
    7. Have a committee, whose members can carry out their 
responsibilities impartially, to review and approve the 
certification guidelines and 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 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

[[Page 28973]]

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:
    1. Require applicants for certification to (a) receive training 
in the topics set forth in Sec. 34.43(g) or equivalent Agreement 
State regulations, and (b) satisfactorily complete a written 
examination covering these topics;
    2. Require applicants for certification to provide documentation 
that demonstrates that the applicant has: (a) received training in 
the topics set forth in Sec. 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 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 Sec. 34.43(g) or equivalent Agreement State 
requirements;
    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 
Sec. 34.43(g).

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE 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 Sec. 71.101 a new paragraph (g) is added to read as follows:


Sec. 71.101  Quality 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 Sec. 34.31(b) or equivalent Agreement State 
requirement, is deemed to satisfy the requirements of Secs. 71.12(b) 
and 71.101(b) of this chapter.

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

    6. The authority 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. 11e(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 Sec. 150.20, paragraph (b) introductory text is revised to 
read as follows:
* * * * *


Sec. 150.20  Recognition of agreement State licenses.

* * * * *
    (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 Secs. 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; Secs. 40.7 (a) through (f), 
40.9, 40.10, 40.41, 40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 of 
part 40 of this chapter; Secs. 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, Secs. 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 19th day of May, 1997.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-13786 Filed 5-27-97; 8:45 am]
BILLING CODE 7590-01-P