[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5811-5812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01487]
[[Page 5811]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 34
[Docket No. PRM-34-6; NRC-2017-0022; NRC-2008-0173]
Industrial Radiographic Operations and Training
AGENCY: Nuclear Regulatory Commission.
ACTION: Discontinuation of rulemaking and denial of petition for
rulemaking.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is responding to
public comments on an interpretation of its requirements for industrial
radiographic operations and Agreement State Compatibility Category
change for these requirements published in the Federal Register on June
1, 2021. As a result of these actions, the NRC is discontinuing a
planned rulemaking activity and is denying an associated petition for
rulemaking, PRM-34-6.
DATES: The docket for the planned rulemaking activity is closed on
January 30, 2023.
ADDRESSES: Please refer to Docket ID NRC-2017-0022 when contacting the
NRC about the availability of information for this action. You may
obtain publicly-available information related to this action by any of
the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0022. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in the SUPPLEMENTARY INFORMATION
section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1-B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-6244, email:
[email protected], U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On June 1, 2021, the NRC published a notification of interpretation
and request for comment in the Federal Register (86 FR 29173). Under
the new interpretation, the NRC's requirements at Sec. 34.41 of title
10 of the Code of Federal Regulations (10 CFR), ``Conducting industrial
radiographic operations,'' are met if the additional qualified
individual, who is to observe the operation and be capable of providing
immediate assistance to prevent unauthorized entry, is in sufficiently
close proximity to the operation and is sufficiently aware of the
ongoing activities to provide assistance or take charge when necessary.
The second individual may perform other tasks nearby, provided that the
individual is cognizant of the site-specific circumstances when
radiographic operations are in progress.
The NRC held a public meeting on August 26, 2021, during which the
NRC provided background on the ``two-person'' requirement, its
relationship with other industrial radiography surveillance
requirements, and an overview of the new interpretation. The NRC
answered questions from participants and clarified the NRC's
reinterpretation of the requirements. Participants questioned the
necessity and feasibility of the interpretation and requested more
realistic examples of how a licensee could implement the new
interpretation. The meeting summary is available under ADAMS Accession
No. ML21218A156.
II. Public Comments
The NRC received written comments on the notification of
interpretation from: a private citizen, the Organization of Agreement
States (OAS), the State of Oklahoma (Oklahoma), and the State of
Arkansas (Arkansas) (ADAMS Accession Nos. ML21155A124, ML21182A320,
ML21172A130, and ML21182A362). The comments were binned into three
categories.
The NRC met with the Agreement States on April 6, 2022, to discuss
the NRC's responses to the comments submitted on the June 1, 2021,
notice of interpretation. This section provides a summary of the
comments and the NRC's responses.
Request for clarification and additional guidance. Commenters
requested additional guidance to clarify the interpretation and
requested that the guidance include multiple examples of acceptable
surveillance practices. Specifically, comments from the OAS, Oklahoma,
and Arkansas asked for clarification on how the interpretation relates
to other requirements, how close ``sufficient proximity'' is, and what
tools can be used to maintain awareness.
Response: The NRC agrees with these comments. The NRC will issue
revised guidance to provide greater detail and to clarify the issues
raised by the comments, and is providing the following statements to
clarify specific issues raised by the comments:
The interpretation only affects radiographic operations in
limited circumstances; for example, in situations where the
radiographer has clear view of the entire operation.
The interpretation focuses on the performance requirements
for the second individual to maintain sufficient awareness to provide
immediate assistance and perform radiographic operations and to prevent
unauthorized entry. Licensees may use any appropriate tools that allow
the second individual to perform these functions. In the notification
of interpretation, the NRC mentioned the option of video surveillance.
The NRC recognizes that the use of video surveillance may be rare but
could allow the second individual to meet the requirement. Other tools
that could work include an open radio channel or cell phone.
Future technology may provide additional tools for meeting
this performance-based requirement.
Safety and security: Comments from the OAS, Oklahoma, and Arkansas
questioned the overall safety of the new interpretation, suggesting
that the second individual would not have sufficient awareness and
proximity to the radiographic operation to perform required functions
and that direct observation is necessary. These comments also assert
that the interpretation would reduce the use and number of alarming
rate meters, dosimetry, and survey instruments. In addition, the
comment from Oklahoma questioned the security impact of the
interpretation.
Response: The NRC disagrees with these comments. The NRC disagrees
[[Page 5812]]
with the comment that direct observation is necessary by the second
individual. Direct observation by the second individual is not
necessary under the limited circumstances allowed by the interpretation
to ensure safety because a second individual is available to provide
immediate assistance. For example, it may be acceptable for the second
individual to have less awareness of the operations or to be located
further away when the radiographer has a clear view of the entire
operation because the radiographer is able to observe all points of
entry and alert the second qualified individual of a potential
unauthorized entry. The new interpretation provides flexibility when
the situation allows it and does not compromise radiation safety and
security. Section 34.41(a) provides the minimum requirements for the
number of personnel at every temporary jobsite; it does not address
security, dosimetry requirements, or the use and number of survey
instruments. Other regulations or circumstances may apply as described
in NUREG-1556, Volume 2, Revision 1, ``Program-Specific Guidance About
Industrial Radiography Licenses,'' that require a licensee to have more
than two individuals present at a temporary jobsite; for example, in
situations where there are multiple access points to the restricted
area that need to be controlled.
The performance-based aspects of the regulations require the second
individual to be sufficiently aware of the operation to be able to
provide immediate assistance. Therefore, if the second individual does
not have sufficient awareness and proximity to the radiographic
operation to perform these functions, then the requirement is not met.
For example, if the second individual is in the darkroom and is not
able to hear or see the radiographic operations, then the second
individual is not meeting the requirements as the NRC has interpretated
them.
Reciprocity and consistency: Comments from the OAS and Oklahoma
expressed concern that the interpretation, combined with the
compatibility category change from B to C, may cause reciprocity and
consistency issues.
Response: The NRC disagrees with these comments. In the June 1,
2021, notification (86 FR 29173), the NRC, with the benefit of over 20
years of experience with Agreement States implementing the two-person
rule differently, determined that essentially identical implementation
is not necessary to provide an orderly pattern of regulation. The
essential objective of Sec. 34.41(a) is to have a second qualified
individual maintain awareness of the radiographic operations, maintain
direct communications with the radiographer, and be capable of
providing immediate assistance to the radiographer or taking charge
when necessary, and to prevent unauthorized entry into a restricted
area. Despite differences in implementation of the two-person rule, the
NRC is not aware of any cross-jurisdictional boundary issues for the
National Materials Program from these different interpretations.
Further, other requirements in 10 CFR part 34 that apply to radiography
at temporary jobsites are designated as Compatibility Category C, such
as the survey requirement in Sec. 34.49(b), and have not resulted in
cross-jurisdictional boundary issues. Therefore, the NRC has no reason
to believe this compatibility change will cause reciprocity or
consistency issues.
III. Interpretation and Agreement State Compatibility
This document completes the NRC's actions on the interpretation and
the change in Agreement State Compatibility Category published in the
Federal Register on June 1, 2021 (86 FR 29173). The issues raised by
the comments are not new and were considered by the NRC before
publishing the new interpretation. The NRC recognizes that currently
there are limited circumstances where the interpretation would be
applicable, and that more guidance is needed. The NRC finds that the
new interpretation provides the flexibility to accommodate emerging
technologies for the surveillance of radiographic operations. This
approach allows Agreement States the flexibility to align their
programs with the NRC's proposed interpretation, continue their current
interpretation of requiring two individuals to observe the restricted
area, or adopt another more restrictive approach.
The NRC intends to develop an addendum to the current version of
NUREG-1556, Volume 2, Revision 1, and to revise Inspection Procedure
87121, ``Industrial Radiography Programs,'' to address the
interpretation of the surveillance requirements.
IV. Discontinuation of the Rulemaking and Denial of the Associated
Petition
The new interpretation resolves the issues raised in PRM-34-6
related to the two-person rule. The interpretation makes Sec. 34.41(a)
consistent with the requirement in Sec. 34.51 that at least one of the
two individuals present at a temporary jobsite must ``maintain direct
observation of the operation.''
In addition, the NRC reviewed the petition regarding training
requirements and concluded, based on associated operational experience
since 1997, that the current training requirements in Sec. 34.43(c)
are sufficient to ensure safe radiographic operations. Specifically,
the second qualified individual must receive training on radiographic
devices, sources, associated equipment, radiation survey equipment, and
the daily inspection requirements on the equipment. The training
requirements in 10 CFR part 34 prepare individuals conducting
radiographic operations with sufficient knowledge and understanding of
the regulations and safety requirements and familiarity with the
equipment that they will use in the performance of their work.
Based on the NRC's review and lack of comments warranting a change
to the new interpretation, the NRC has concluded that conducting
rulemaking to amend its requirements for industrial radiographic
operations and training is not necessary and, therefore, is
discontinuing the rulemaking activity. The NRC is denying PRM-34-6
pursuant to Sec. 2.803(i)(2).
V. Conclusion
This document provides the NRC's responses to public comments on an
interpretation and corresponding Agreement State Compatibility Category
change. The NRC is not revising the interpretation or changing the
Compatibility Category in response to comments. The NRC is
discontinuing the planned rulemaking that would have amended its
requirements for industrial radiographic operations and training and is
denying PRM-34-6 for the reasons discussed in this document.
Dated: January 20, 2023.
For the Nuclear Regulatory Commission.
Wesley W. Held,
Acting Secretary of the Commission.
[FR Doc. 2023-01487 Filed 1-27-23; 8:45 am]
BILLING CODE 7590-01-P