[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Rules and Regulations]
[Pages 37059-37061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18229]



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  Federal Register / Vol. 63, No. 131 / Thursday, July 9, 1998 / Rules 
and Regulations  

[[Page 37059]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 34

RIN 3150-AE07


Licenses for Industrial Radiography and Radiation Safety 
Requirements for Industrial Radiographic Operations; Clarifying 
Amendments and Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule: Clarifying and corrective amendments.

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SUMMARY: The Nuclear Regulatory Commission is amending its regulations 
to clarify several ambiguities and to make corrections to the recently 
revised regulations governing licenses for industrial radiography and 
radiation safety requirements for industrial radiographic operations. 
This final rule is necessary to clarify the text to resolve these 
ambiguities and to make changes to correct some of the compliance dates 
specified in the revised rule. This rulemaking will clarify the 
Commission's intent regarding the implementation date for certain 
requirements. In particular, the final rule specified several dates, 
intended to be one year or two years after the effective date of the 
rule. The date published in the May 28, 1997, Federal Register 
inadvertently used the May 28 publication date, rather than the June 27 
effective date. Therefore, this final rule specifies June 27, 1998, or 
June 27, 1999, as the correct effective date for implementation of 
those specific provisions.

EFFECTIVE DATE: July 9, 1998.

FOR FURTHER INFORMATION CONTACT: Donald O. Nellis, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6257, (e-mail address 
[email protected]).

SUPPLEMENTARY INFORMATION:
    On May 28, 1997 (62 FR 28948), the NRC published a final rule with 
an effective date of June 27, 1997 that revised 10 CFR Part 34, which 
applies to industrial radiography and its related safety requirements. 
Major changes in this revision included:
    (1) A requirement for two qualified individuals to be present 
whenever radiography is performed at a location other than a permanent 
radiographic installation, one of whom must be a qualified radiographer 
and the other must be at least a qualified radiographers' assistant;
    (2) A requirement for mandatory certification of radiographers;
    (3) Specification of the qualifications and duties of the Radiation 
Safety Officer;
    (4) Additional training requirements for radiographers' assistants; 
and
    (5) Clarification of the definition of a permanent radiographic 
installation.
    After its publication, the NRC was notified by numerous radiography 
licensees that certain ambiguities and minor errors existed in the May 
28, 1997, final rule. This action corrects errors in the Supplementary 
Information and codified text of the May 28,1997, final rule and 
clarifies several provisions of the regulation to remove ambiguities.
    1. In Supplementary Information, under Section II, Response to 
Public Comments on the Proposed Rule and Final Rule Provisions, the 
last paragraph in Sec. 34.41, Conducting Industrial Radiographic 
Operations, discusses the addition of a requirement to have approved 
procedures before conducting specific types of radiographic operations 
and listed that requirement as Sec. 34.41(d). This was an incorrect 
citation. The requirement was correctly added as Sec. 34.41(c) in the 
regulation so that no change is needed and this discussion simply 
clarifies any confusion generated by the incorrect citation.
    2. In Supplementary Information, under Section V, Implementation 
(62 FR 28962), the third paragraph states that licensees will have 1 
year to comply with the new training requirements in Sec. 34.43 (a) and 
(b). This citation is incorrect. Paragraphs (a)(1) and (a)(2) refer to 
the requirements for radiographer certification. The new training 
requirements for radiographers are in Sec. 34.43(b) and the new 
training requirements for radiographers' assistants are in 
Sec. 34.43(c). Section 34.43(h) correctly identifies the additional 
training requirements. The purpose of this discussion is to alleviate 
any confusion that may have resulted from the incorrect citation.
    3. Section 34.27, Leak testing and replacement of sealed sources, 
included a new requirement for the leak testing of devices containing 
depleted uranium (DU) shielding. Two discrepancies have been noted. 
First, the condition for removing the exposure device from use for an 
evaluation of S-tube was incorrectly stated, and second, the 
implementation date for this requirement was not specified. This 
subject was addressed in the Supplementary Information under Section 
II, Public Comments, where it was pointed out that the purpose of the 
test was to detect wear in the guide tube that could cause control 
cable binding and inability to retract the source. Because the comments 
also pointed out that annual testing for DU was required and that 
testing services were readily available, the NRC believed that one year 
from the effective date of the final rule would be an acceptable date 
for compliance with this requirement. To remedy the text defining the 
condition for removing the exposure device from use, the third sentence 
of paragraph (e) is amended by using text similar to that in the first 
sentence of paragraph (d) to read:
    Should this testing reveal the presence of 185 Bq (0.005 
microcuries) or more of removable DU contamination, the exposure device 
must be removed from use until an evaluation of the wear of the S-tube 
has been made.
    In addition, to clarify that the implementation date for DU testing 
was one year from the effective date of the rule June 27, 1997 and not 
the publication date, May 28, 1997, Sec. 34.27(e) is amended by adding 
a new sentence at the end of this paragraph to read:
    Licensees will have until June 27, 1998, to comply with the DU leak 
testing requirements of this paragraph.
    4. Section 34.41, Conducting industrial radiographic operations, 
specifies that at least two qualified

[[Page 37060]]

individuals must be present whenever radiography is performed outside 
of a permanent radiographic installation. Numerous inquiries were 
received concerning the implementation date for this requirement. The 
intent of the Commission was that licensees would have an 
implementation period of 1 year from the effective date of the rule to 
meet this requirement. (On May 28, 1997 (62 FR 28948), the NRC 
published a final rule with an effective date of June 27, 1997 that 
revised 10 CFR Part 34, which applies to industrial radiography and its 
related safety requirements.) This implementation period was selected 
to allow time to train new individuals as specified in Sec. 34.43(h). 
To avoid confusion as to what was intended in the original Federal 
Register notice, a new paragraph (d) is added to Sec. 34.41 to read:
    (d) Licensees will have until June 27, 1998, to meet the 
requirements for having two qualified individuals present at locations 
other than a permanent radiographic installation as specified in 
paragraph (a) of this section.
    5. Under Subpart D--Radiation Safety Requirements; Sec. 34.42, 
Radiation Safety Officer for Industrial Radiography, paragraph (d) 
contains an incorrect date. The Supplementary Information Subsection V. 
Implementation; of the final rule, specifies that 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), 62 FR 28962. All 
extended times for implementation were from the effective date of the 
rule, June 27, 1997, and not from the publication date, May 28, 1997. 
The paragraph is revised to read:
    (d) Licensees will have until June 27, 1999, to meet the 
requirements of paragraphs (a) or (b) of this section.
    6. Under Subpart D--Radiation Safety Requirements Sec. 34.43(a)(2) 
contains an incorrect date, May 28,1999, two years from the publication 
date rather than the correct date, June 27, 1999, two years from the 
effective date. The paragraph is revised to read:
    (2) The licensee may, until June 27, 1999, allow an individual who 
has not met the requirements 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.
    7. Under Subpart D--Radiation Safety Requirements, Sec. 34.43, 
Training, paragraph (h) contains an incorrect date. The Supplementary 
Information Subsection V. Implementation; of the final rule, specifies 
that 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). 62 FR 28962. As stated in paragraph 2 above, 
the additional training requirements as set forth in Sec. 34.43(b) 
refer to the training requirements for radiographers while the 
additional training requirements as set forth in Sec. 34.43(c) refer to 
the training requirements for radiographers assistants. Also, as noted 
above, the effective date of the final rule was June 27, 1997, not May 
28, 1997. The paragraph is revised to read:
    (h) Licensees will have until June 27, 1998, to comply with the 
additional training requirements specified in paragraphs (b)(1) and 
(c)(1) of this section.
    8. Under Subpart D--Radiation Safety Requirements, Sec. 34.43 
Training, does not specify a compliance date for radiographer 
certification in Sec. 34.43(a)(1). The Supplementary Information 
Subsection V, Implementation; of the final rule, specifies that 
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). Records of radiographer certification maintained 
in accordance with Sec. 34.79(a) will provide adequate evidence of 
compliance with the need to affirm radiographers have met the 
certification requirements of Sec. 34.43(a)(1). A new paragraph (i) is 
added to this section to read:
    (i) Licensees will have until June 27, 1999, to comply with the 
certification requirements specified in paragraph (a)(1) of this 
section. Records of radiographer certification maintained in accordance 
with Sec. 34.79(a) provide appropriate affirmation of certification 
requirements specified in paragraph (a)(1) of this section.

Administrative Procedure Act

    Because these amendments make minor corrective and clarifying 
changes to an existing regulation, the NRC has determined that good 
cause exists to dispense with the notice and comment provisions of the 
Administrative Procedure Act (APA) pursuant to 5 U.S.C. 553(b)(B). For 
the same reason, the NRC has determined that good cause exists to waive 
the 30-day deferred effective date provisions of the Administrative 
Procedure Act (5 U.S.C. 553(d)(3)). See also: 10 CFR 2.807.

Agreement State Compatibility

    Although 10 CFR Part 34 is subject to various degrees of 
compatibility with regard to the Agreement States, these amendments 
make only minor corrective or clarifying changes in an existing 
regulation and are not expected to affect the compatibility of the 
Agreement State program.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described as a categorical exclusion in 10 CFR 51.22(c)(2). Therefore, 
neither an environmental statement nor an environmental assessment has 
been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0007.

Public Protection Notification

    If an information collection does not display a currently valid OMB 
control number, the NRC may not conduct or sponsor, and a person is not 
required to respond to, the information collection.

Regulatory Analysis

    This final rule does not impose any new requirements or additional 
costs to licensees because its purpose is solely administrative in that 
it simply corrects and clarifies the text of an existing regulation and 
does not result in any essential change. This constitutes the 
regulatory analysis for this final rule.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule, and therefore, that a backfit analysis is 
not required for this rulemaking since these amendments do not involve 
any provision that would impose backfits as defined in 10 CFR 
50.109(a)(1).

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 verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

[[Page 37061]]

List of Subjects in 10 CFR Part 34

    Criminal penalties, Packaging and containers, Radiation protection, 
Radiography, Reporting and recordkeeping requirements, Scientific 
equipment, Security measures.
    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 U.S.C. 552 and 553, the NRC is adopting the 
following amendments to 10 CFR Part 34.

PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY 
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

    1. The authority citation for Part 34 continues to read as follows:

    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).
    2. Section 34.27, paragraph (e) is revised to read as follows:


Sec. 34.27  Leak testing and replacement of sealed sources.

* * * * *
    (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 185 Bq 
(0.005 microcuries) or more of removable DU contamination, the exposure 
device must be removed from use until an evaluation of the wear on 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 exceeded 
12 months. A record of the DU leak-test must be made in accordance with 
Sec. 34.67. Licensees will have until June 27, 1998, to comply with the 
DU leak-testing requirements of this paragraph.
    3. In Sec. 34.41, a new paragraph (d) is added to read as follows:


Sec. 34.41  Conducting industrial radiographic operations.

* * * * *
    (d) Licensees will have until June 27, 1998, to meet the 
requirements for having two qualified individuals present at locations 
other than a permanent radiographic installation as specified in 
paragraph (a) of this section.
    4. In Sec. 34.42, paragraph (d) is revised to read as follows:


Sec. 34.42  Radiation Safety Officer for industrial radiography.

* * * * *
    (d) Licensees will have until June 27, 1999, to meet the 
requirements of paragraph (a) or (b) of this section.
    5. In Sec. 34.43, paragraphs (a)(2) and (h) are revised, and 
paragraph (i) is added to read as follows:


Sec. 34.43  Training

    (a) * * *
    (2) The licensee may, until June 27, 1999, allow an individual who 
has not met the requirements 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.
* * * * *
    (h) Licensees will have until June 27, 1998, to comply with the 
additional training requirements specified in paragraphs (b)(1) and 
(c)(1) of this section.
    (i) Licensees will have until June 27, 1999 to comply with the 
certification requirements specified in paragraph (a)(1) of this 
section. Records of radiographer certification maintained in accordance 
with Sec. 34.79(a) provide appropriate affirmation of certification 
requirements specified in paragraph (a)(1) of this section.

    Dated at Rockville, Maryland, this 24th day of June, 1998.

    For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 98-18229 Filed 7-8-98; 8:45 am]
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