[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Notices]
[Page 28974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13787]


      

  Federal Register / Vol. 62, No. 102 / Wednesday, May 28, 1997 / 
Notices  

[[Page 28974]]



NUCLEAR REGULATORY COMMISSION


Revision of the NRC Enforcement Policy

AGENCY: Nuclear Regulatory Commission.

ACTION: Policy statement: Modification.

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

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

ADDRESSES: Send written comments to: The Secretary of the Commission, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555. ATTN: 
Rulemakings and Adjudications Staff. Hand deliver comments to: 11555 
Rockville Pike, Rockville, Maryland, between 7:45 am and 4:15 pm, 
Federal workdays. Copies of comments received may be examined at the 
NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, 
DC.

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

SUPPLEMENTARY INFORMATION: The Commission's Enforcement Policy was 
first issued on September 4, 1980. Since that time, the Enforcement 
Policy has been revised on a number of occasions, most recently on June 
30, 1995 (60 FR 34381). The Enforcement Policy was also published as 
NUREG-1600, General Statement of Policy and Procedure for NRC 
Enforcement Actions. As a result of amendments to 10 CFR Part 34 being 
published today as a final regulation, revisions are warranted to the 
Enforcement Policy to provide guidance on categorizing potential 
violations of the amended requirements. The revisions to the 
Enforcement Policy are being issued concurrently with the new rule.
    The Policy recognizes that violations have differing degrees of 
safety significance. As reflected in the severity levels, safety 
significance includes actual safety consequence, potential safety 
consequence, and regulatory significance. Changes are being made to 
Supplement VI, Fuel Cycle and Materials Operations, to provide 
additional or amended examples of violations that are of significant 
concern and therefore should be categorized at Severity Level III. The 
changes are:
    1. Example C.4 is being amended to add a reference to uncertified 
persons. Conduct of licensed activities by an uncertified person is 
significant because the certification demonstrates that the person has 
received training in accordance with 10 CFR Part 34 or equivalent 
Agreement State regulation, has satisfactorily completed a minimum 
period of an on-the-job training, and has received verification by an 
Agreement State or an NRC licensee that the person has demonstrated the 
capability of independently working as a radiographer.
    2. Example C.8 is being amended to add a reference to have present 
at least two qualified individuals. A failure, during radiographic 
operations, to have present at least two qualified individuals as 
required by 10 CFR Part 34 is significant because the requirement 
provides assurance that operational safety measures and emergency 
procedures will be effectively implemented.
    3. Example C.12 is being added to address a failure, during 
radiographic operation, to stop work after a pocket dosimeter is found 
to be off-scale, or after an electronic dosimeter reads greater than 
200 mrem, and before a determination of the individual's actual 
radiation exposure has been made. This example is significant because 
of the need to evaluate the potential to exceed regulatory limits and 
the need to take corrective action.
    Conforming changes have been made in the sections affected by these 
revisions.
    The existing examples for Severity Level III violations presently 
address other significant violations of the amendments to 10 CFR Part 
34 such as a failure to perform surveys to determine that the sealed 
source has been returned to its shielded position, to properly 
monitoring site boundaries for access control, and to utilize qualified 
RSOs.
    Therefore, the following revision is made to Supplement VI and will 
be reflected in the next publication of NUREG 1600:
SUPPLEMENT VI--FUEL CYCLE AND MATERIALS OPERATIONS
* * * * *
    C. Severity Level III--Violations involving for example:
* * * * *
    4. Conduct of licensed activities by a technically unqualified or 
uncertified person:
* * * * *
    8. A failure, during radiographic operations, to have present at 
least two qualified individuals or to use radiographic equipment, 
radiation survey instruments, and/or personnel monitoring devices as 
required by 10 CFR Part 34:
* * * * *
    10. A failure to receive required NRC approval prior to the 
implementation of a change in licensed activities that has radiological 
or programmatic significance, such as, a change in ownership; lack of 
an RSO or replacement of an RSO with an unqualified individual; a 
change in the location where licensed activities are being conducted, 
or where licensed material is being stored where the new facilities do 
not meet the safety guidelines; or achange in the quantity or type of 
radioactive material being processed or used that has radiological 
significance;
    11. A significant failure to meet decommissioning requirements 
including a failure to notify the NRC as required by regulation or 
license condition, substantial failure to meet decommissioning 
standards, failure to conduct and/or complete decommissioning 
activities in accordance with regulation or license condition, or 
failure to meet required schedules without adequate justification; or
    12. A failure, during radiographic operations, to stop work after a 
pocket dosimeter is found to have gone off-scale, or after an 
electronic dosimeter reads greater than 200 mrem, and before a 
determination is made of the individual's actual radiation exposure 
have been made.
* * * * *
    Dated at Rockville, Maryland, this 19th day of May, 1997.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-13787 Filed 5-27-97; 8:45 am]
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