Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 34 and 150

RIN 3150-AE07

Licenses for Radiography and Radiation Safety Requirements for

Radiographic Operations

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend

its regulations governing industrial radiography. The proposed rule

would include additional safety requirements to enhance the level of

protection of radiographers and the public and would clarify the

regulations so that licensees may have a better understanding of what

is expected in radiographic operations. The proposed rule includes a

number of updated radiography regulations that have been adopted by the

Agreement States. The major changes in the proposed rule include

requirements for: (1) Two qualified individuals to be present whenever

radiography occurs at a temporary jobsite, (2) mandatory certification

of radiographers, (3) permanent radiographic installations, and (4) a

radiation safety officer. The format of the radiography regulations

would be revised to place requirements into descriptive categories.

DATES: Submit comments by May 31, 1994. Comments received after this

date will be considered if it is practical to do so, but the Commission

is able to assure consideration only for comments received on or before

this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory

Commission, Washington DC 20555, Attention: Docketing and Service

Branch. Hand deliver comments to 11555 Rockville Pike, Rockville,

Maryland between 7:45 am and 4:15 pm on Federal workdays.

Examine comments received, the environmental impact, and the

regulatory analysis at: The NRC Public Document Room at 2120 L Street

NW. (Lower Level), Washington, DC.

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) 492-3628 or 492-3886.

SUPPLEMENTARY INFORMATION:

I. Background

Part 34 of Title 10 of the Code of Federal Regulations was first

published in 1965 (30 FR 8192) as part of the recodification of parts

30 and 31 for the purpose of simplifying and clarifying the format of

the then-current requirements on radiography so that persons subject to

byproduct material licensing regulations could conveniently use and

understand them. Numerous modifications to the original part 34 have

been made since 1965, many of which have been directed toward the

safety aspects of field radiography. These modifications include

performance requirements on radiography equipment and requirements for

the use of alarming ratemeters published in 1990 (55 FR 843; January

10, 1993).

There are approximately 200 NRC radiography licensees with an

additional 500 Agreement State licensees. Radiography licensees often

conduct business under both NRC and Agreement State jurisdiction.

The NRC has not initiated an overall revision of part 34 in many

years. However, a number of Agreement States have updated their

radiography regulations. The decision to develop an overall revision to

10 CFR part 34 was made with the intent of establishing new safety

requirements for radiography licensees and clarifying the regulation so

that licensees will have a better understanding of what is expected in

radiographic operations. The format of the radiography regulations

would be revised to place requirements into descriptive categories that

better describe the type of requirements found in the subpart.

The NRC solicited recommendations on radiography issues at the 1991

Agreement States' meeting in Sacramento, CA, as well as from NRC

regional offices, radiography equipment manufacturers, and radiography

licensees. Public comments were solicited on the issue of radiographer

certification at the May 19, 1991, annual meeting of the Conference of

Radiation Control Program Directors (CRCPD), Inc. in Wichita, Kansas,

and a public workshop on radiographer certification was held May 27-28,

1992, in Mobile, Alabama. A separate workshop was held on November 18,

1992, in Dallas, Texas, to discuss recommendations received from the

Agreement States and licensees on revision of the radiography

regulations. The transcripts of these meetings, which are available for

inspection and copying in the NRC Public Document Room, were reviewed

in further developing the proposed revision. The NRC utilized part E of

the ``Suggested State Regulations for Control of Radiation'' developed

by the CRCPD, part 31 of the Texas Regulations for Control of

Radiation, Chapter 5 of the Louisiana regulations, and the Canadian

``Atomic Energy Control Regulations,'' that apply to radiography in

developing this proposed revision of part 34.

II. Petition for Rulemaking

A petition was received on October 15, 1992, from the International

Union of Operating Engineers (IUOE), Local No. 2, requesting an

amendment to the radiography regulations to require a minimum of two

radiographic personnel when performing industrial radiography at

temporary jobsites. The petition was published in the Federal Register

on December 4, 1992 (57 FR 57392). Thirty-eight comment letters were

received, 35 were in favor of granting the petition. Resolution of this

petition has been addressed in this proposed revision to part 34.

The IUOE petition offered three options for the makeup of the two-

person crew: (1) Two radiographers; (2) one radiographer and one

radiographer's assistant; and (3) one radiographer and one trainee,

with the trainee having completed 40 hours of approved radiation safety

training and passed an examination. The petitioners identified a number

of problems associated with the use of licensed material by one

radiographer at temporary jobsites. These problems included: (1)

Difficulty keeping the area under constant surveillance while

radiographic operations are ongoing; (2) difficulty in maintaining

surveillance when working in trenches; and (3) difficulty in obtaining

assistance in the event of an emergency if there is only one

individual. The petitioners believe that the suggested change is

necessary to ensure a safe working environment.

The comments received raised concerns regarding the combination of

a radiographer and a trainee as a two-person team. Many stated that the

trainee is an unskilled individual that may or may not achieve

radiographer status and spending the time and money for 40 hours

training may not be financially feasible for some radiography

companies.

This proposed rule, if adopted, would constitute a partial granting

of the petition in that it proposes to require, 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,'' and is proposing 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 the NRC's

training requirements for a radiographer's assistant.

The estimated cost of requiring the two-person crew could be

significant for licensees who 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. For certain

circumstances where a licensee could demonstrate that adequate

surveillance can be maintained by one radiographer, the Commission

could consider granting an exemption through the process described in

the proposed Sec. 34.111. The Commission is concerned that this

requirement could cause a significant impact on a number of small

entities which currently do not use two-person crews, and is soliciting

comments on the potential impact. Furthermore, the Commission is

interested in receiving proposals for alternatives to the two-person

requirement which would achieve comparable enhancements in safety with

less of a burden on licensees.

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. Furthermore, if an

incapacitating injury to a radiographer should occur at a remote

location, the presence of a second individual could be an important

factor in preventing unnecessary radiation exposures. The Commission is

considering amending the Enforcement Policy as a result of this

proposed 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 the proposed Sec. 34.41.

III. General Discussion of Proposed Rule Changes

The proposed amendments contain requirements which are intended to

improve radiography safety. The first major change is a proposal to

require, at a minimum, two qualified individuals (two radiographers or

a radiographer and an individual who has met, at least, the

requirements to be a radiographer's assistant) to be present any time

radiographic operations occur outside of a permanent radiographic

installation. This issue has already been addressed under Section II.

Petition for Rulemaking.

On March 19, 1991 (56 FR 11504), the NRC published a final rule

which provided for a voluntary third-party radiographer certification

program through the American Society for Nondestructive Testing (ASNT),

as discussed further in Section IV. Several Agreement States have

adopted mandatory radiographer state administered examination programs.

The promulgation of these programs, as well as other changes in their

radiography regulations, have contributed to an overall improvement in

safety and a decrease in serious overexposures in these Agreement

States.

The proposed rule would recognize other certifying organizations

who meet the requirements outlined in Appendix A of the proposed rule.

Independent certifying organizations would be required to meet all of

the requirements listed in Appendix A, while Agreement States that wish

to become certifying entities would only be required to meet the

requirements listed in part II and III of the Appendix. The NRC plans

to publish annually in the Federal Register an updated list of

certifying entities and to provide the list with license application

forms. The NRC also plans to investigate the feasibility of

establishing a toll-free telephone number whereby licensees could

obtain information on approved certifying entities.

Another issue involves the definition of a permanent radiographic

installation. The proposed rule changes the definition of a ``permanent

radiographic installation'' to mean an enclosed shielded room, cell, or

vault in which radiography is performed. The terms ``designed or

intended for radiography'' and ``regularly performed'' have been

removed from the definition to reduce any ambiguity as to what is

intended. Under the existing rule, if a licensee has a room, cell, or

vault that meets the definition of a ``permanent radiographic

installation'', then it must meet the special safety requirements of

Sec. 34.33. The proposed rule adds two additional requirements: (1) To

perform a daily check of the visible and audible signals, and (2) to

list all permanent facilities on the license. Under the proposed rule,

radiography can only be performed in one of two ways: (1) In a

permanent radiographic installation with a qualified radiographer, or

(2) at any other location with at least two qualified individuals. The

special safety requirements of Sec. 34.33 would not apply to the use of

a shielded room at a temporary jobsite, although licensees would be

permitted to submit a license amendment requesting approval to use a

shielded room which meets the requirements of Sec. 34.33 as a permanent

radiographic installation.

The proposed rule includes requirements specifying the

qualifications and duties of the Radiation Safety Officer (RSO). The

RSO is the key licensee individual charged with the responsibility to

ensure that the requirements in the license are followed. These

requirements have been based on similar commitments previously included

in specific license conditions on a case-by-case basis. The proposed

rule would require additional special training for RSOs. The Commission

is considering permitting existing RSOs to obtain the additional

training within 2 years from the effective date of the rule and is

specifically requesting comment on this proposed requirement.

IV. An Independent Certifying Entity (ASNT)

The current ASNT program for certifying industrial radiographers

was approved by its Board of Directors in March 1990 and offers

certification for either isotope or x-ray users. The NRC staff has

extensively reviewed this program, which includes a written examination

developed by the State of Texas.

The application to become a certified radiographer requires

documentation of 40 hours of classroom training in radiation safety

topics specified by ASNT including those topics listed in the proposed

Sec. 34.43(f), documentation of 520 hours of direct hands-on experience

with radiography sources and devices under the control of an NRC or

Agreement State licensee, and proof of successful completion of a

practical examination on safety procedures administered by an ASNT-

recognized institution. Recognized institutions, generally the

candidates' employers, have been licensed by NRC or an Agreement State

for the use of radiography sources.

After ASNT's approval of an application, a candidate radiographer

takes the written examination. The examination is administered by ASNT

or the Conference of Radiation Control Program Directors, Inc. (CRCPD)

and subsequently sent to the State of Texas for grading. The results of

the examination are forwarded to ASNT. The written examination covers

the fundamental radiation safety principles outlined in 10 CFR part 34,

pertinent Federal and State regulations, basic radiographic equipment

operation, general operating and emergency procedures, radiation

detection instrumentation, and radiation safety procedures applicable

to industrial radiography. In addition, candidates are required to sign

a pledge that they will abide by the ASNT Rules of Conduct. On

successful completion of the required examinations and other

requirements, a certified individual is provided with a wallet card

identifying him/her as an ASNT-certified radiographer.

ASNT certification is valid for 3 years, unless suspended or

revoked for cause. Renewal of certification may be accomplished either

with or without reexamination. A candidate for renewal without

reexamination must document continuous active full-time employment in

radiography for at least 6 of the last 12 months. In addition, the

candidate must document at least 8 hours, each year, of classroom

refresher training covering basic radiation safety principles,

equipment operations, emergency procedures, new safety regulations,

license requirements, and other pertinent information. If these

criteria are not met, the candidate must retake the written

examination.

The ASNT Rules of Conduct require certified individuals to comply

with NRC and Agreement State regulations and the employer's procedures

for radiation safety, routine and emergency operations, and to act in a

professional manner in matters pertaining to industrial radiography or

to the ASNT certification.

The certification program also contains complaint and hearing

procedures. For example, written allegations of unauthorized practice

by an ASNT-certified individual are reviewed by the ASNT Ethics

Subcommittee. In some cases a formal hearing may be held. If the ASNT

Ethics Subcommittee determines that an unauthorized practice has been

committed, the subcommittee may take one of the following actions:

1. Revoke the individual's certification for a minimum of 1 year.

2. Suspend the individual's certification for 30 to 180 days.

3. Formally reprimand the individual.

More detailed information on the ASNT certification program is

available from the American Society for Nondestructive Testing, Inc.,

1711 Arlingate Plaza, P.O. Box 28518, Columbus, Ohio 43228-0518.

V. Discussion of the Proposed Rule

Table of Contents

The new Table of Contents contains eight subparts. The organization

is as follows:

Subpart A--General Provisions

Subpart B--Specific Licensing Provisions

Subpart C--Equipment

Subpart D--Radiation Safety Requirements

Subpart E--Recordkeeping Requirements

Subpart F--Notifications

Subpart G--Exemptions

Subpart H--Violations

Appendix A

This organization follows the same general format used in 10 CFR

part 39 concerning radiation safety requirements for well logging.

Subpart A--General Provisions

This subpart covers items of a general nature, such as listing

definitions and OMB approvals. It also describes the purpose and scope

of the rule.

Section 34.1, Purpose and scope, is basically unchanged from the

existing regulation. Other NRC regulations that apply to radiography

licenses are referenced in this section.

Section 34.3, Definitions, contains the following new terms: ALARA,

Annual safety review, Becquerel, Certifying entity, Collimator, Control

(drive) cable, Field station, Gray, Independent certifying

organization, Radiographer certification, Radiation Safety Officer,

Sievert, S-tube, and Temporary jobsite. These definitions were added to

define terms used in requirements not previously addressed in Part 34.

The term ALARA, which means as low as reasonably achievable, has been

added to describe a key element of the revised part 20, ``Standards for

Protection Against Radiation,'' that licensees must implement by

January 1994. The term Annual safety review was added to describe this

activity in the proposed rule. The terms Becquerel, Gray, and Sievert

were added to define the metric units used in all new or revised

regulations. The terms Certifying entity, Independent certifying

organization, and Radiographer certification were added to describe

terms associated with revised requirements for verification of

radiographer training. The terms Collimator and Control (drive) cable

were added to the proposed rule to describe pieces of equipment that is

often used in conducting radiography operations. The term S-tube was

added to describe this component of a radiographic exposure for which

there are new requirements in the proposed rule. The terms Field

station and Temporary jobsite were added to clarify the meaning of

these terms in the proposed rule. The term Field station is being used

to designate those locations where radiography equipment is stored and

from which equipment is dispatched. The term Temporary jobsite is being

used to describe locations not authorized on the license where

radiography is conducted. The term Radiation Safety Officer (RSO) was

added to describe the role of this individual in the proposed rule.

The terms Associated equipment, Control tube, Exposure head, Field

examination, Projection sheath, Radiographic Operations, Shielded

position, and Source assembly, while used in the existing regulation,

were not previously defined. Both licensees and Agreement State

representatives requested clarification of 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 require training

similar to that required of a radiographer. The NRC has decided to

retain the term radiographer's assistant and has proposed upgrading the

training requirements to provide additional assurance that

radiographers' assistants are sufficiently knowledgeable of NRC

regulations. Although the NRC is not adopting the term ``trainee,'' the

proposed rule has been written to provide the flexibility for the

second person to have training beyond that of a radiographer's

assistant. This position could then equally be filled by a ``trainee.''

The definition of a permanent radiographic installation was

modified to remove ambiguities in the previous definition. The

definitions of storage area and storage container were modified to

remove references to transportation. Specific transportation

requirements are addressed in Sec. 34.35.

Section 34.5, Interpretations, is standard regulatory language to

state that only the General Counsel of the NRC has the authority to

provide interpretations of the regulations which will be binding on the

Commission.

Section 34.8, Information collection requirements: OMB approval, is

unchanged from the current regulation, 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. The Commission has

submitted the proposed rule for OMB clearance. Final OMB clearance will

be obtained before publication of a final rule.

Subpart B--Specific Licensing Provisions

This proposed subpart provides the basic requirements for submittal

of a license application. The sections in this proposed subpart are

basically unchanged from those in the current subpart A of part 34.

Section 34.11, Application for a specific license, is worded the

same as Sec. 34.3 in the current part 34.

Section 34.13, Specific license for radiography, has several

changes from Sec. 34.11 in the current part 34. A proposed

Sec. 34.13(c) would specify requirements for establishing procedures to

verify the certification status of radiographers. The requirement for

verifying an individual's certification would only apply to previously

certified radiographers whom a licensee might hire. A licensee would

already know an individual's status if the individual is employed by

the licensee at the time of certification. However, the licensee would

be required to ensure that all radiographers are certified.

Section 34.13(e) proposes a reduction in the frequency of field

inspections of radiographers and radiographer's assistants from

quarterly to annually for individuals regularly conducting radiographic

operations. For individuals who have not performed radiographic

operations for more than six months, an inspection of job performance

would be required at the time they next participate in a radiographic

operation. This reduction is possible due primarily to the proposed

two-person rule, adoption of mandatory certification for radiographers,

and upgraded radiographer assistants training which would reduce the

need for inspection of job performance. The basic requirements for

conducting the field inspections have been relocated to Sec. 34.43(d)

to more accurately reflect its role in the training program. In

addition, a requirement for conducting annual safety reviews has also

been added in Sec. 34.13(b)(1) and Sec. 34.43(c) to clarify the intent

of the current Sec. 34.11(b) which requires periodic training. Section

34.13(g) is proposed to require the licensee to designate an individual

on the license to fulfill the duties of the RSO. The qualifications and

duties of this individual are specified in Sec. 34.42.

Section 34.13(i) is a new paragraph which, as proposed, would

require a list and description of all permanent radiographic

installations and all field stations to be included in the license

application.

Section 34.13(j) is a new paragraph which, as proposed, would

permit licensees to have the option to use certified radiographers

before the proposed rule is adopted in final form and becomes

effective.

Subpart C--Equipment

This proposed subpart describes the requirements for radiographic

equipment performance and use. Some of the requirements in this

proposed subpart are changed from the current part 34 as described

below.

Section 34.20, Performance requirements for radiography equipment,

is slightly changed from Sec. 34.20 of the current rule. Section

34.20(b)(3) is revised to prohibit modification of any exposure device.

The proposed rule was modified to remove any ambiguity regarding

permission to modify safety components. The term Source assembly was

added to Sec. 34.20 (c) and (e) to make clear that it is one of the

pieces of equipment that must meet the requirements of Sec. 34.20.

Section 34.20(f) is added to require labeling of all associated

equipment acquired after January 10, 1996, to identify that the

components have met the requirements of this section.

Section 34.21, Limits on levels of radiation for radiographic

exposure devices, storage containers, and source changers, is basically

unchanged from Sec. 34.21 of the current rule with the following

exceptions. Metric equivalents to the values previously cited have been

included. While it is recognized that radiation exposure instruments

currently use units of roentgens to measure radioactivity, the rule has

been modified to use the terms millisieverts and millirems. Rather than

making the transition from roentgens to coulombs per kilogram (in air),

the terms millisieverts and millirems were chosen because a quality

factor of 1 is appropriate in dealing with gamma-ray emitting

radiography sources. Under the proposed rule measurements taken in

roentgens may continue to be recorded in terms of roentgens, provided

the limits described in the rule, expressed in millisieverts or

millirems, are not exceeded.

Section 34.23, Locking and relocation of radiographic exposure

devices, storage containers, and source changers, is slightly changed

from Sec. 34.22 of the current rule, as described below. Section

34.23(a) describes locking of radiographic exposure devices. A

requirement to remove the key of any keyed-lock is proposed. Should the

key remain in the radiographic exposure device, there is an increased

likelihood of the accidental or intentional removal of the sealed

source when the radiographic device is unattended. The word

``manually'' is added to clarify what is meant by securing the source

assembly for radiographic exposure devices manufactured before January

10, 1992. Section 34.23(b) is added which specifies requirements for

ensuring that the sealed source is in the shielded position before

moving the device and associated equipment because a number of

overexposures have occurred while radiographic devices were being moved

from one location to another.

Section 34.25, Radiation survey instruments, replaces Sec. 34.24 in

the current rule and has been updated to reflect current calibration

standards for different types of survey meters. This is to specify

requirements to address the variety of survey instruments currently

available. An additional requirement to perform an operability check

before use is proposed. While this is routinely part of all survey

instrument specifications, a failure to determine whether an instrument

was operable before use has been a contributing factor in overexposures

during radiographic operations.

In Sec. 34.27, Leak testing and replacement of sealed sources, the

words ``repair, tagging, opening, and modification'' of sealed sources

have been removed because these activities are only approved for

individuals specifically licensed to do so. It was never intended that

radiographers would be permitted to perform these activities without

special authorization from the Commission or an Agreement State.

Section 34.31 was modified to include a specific prohibition on the

opening, repair, or modification of sealed sources. Most of the

language in the proposed rule is the same as Sec. 34.25 of the existing

rule. However, the organization has been modified for purposes of

clarification. The requirement that performance of a source exchange or

a leak test must be done by persons approved by the Commission has been

modified to include Agreement States. Recordkeeping requirements have

been moved to Sec. 34.67.

Section 34.27(f) is proposed to require surveys for depleted

uranium (DU) contamination in the ``S'' tube of radiographic devices at

least once every 12 months. Depleted uranium is used as a shielding

material in most radiographic devices and replaces the lead shielding

that was used in older models. The presence of DU contamination in the

``S'' tube may be an indication that the control cable has worn a

groove through the ``S'' tube into the DU shielding. This condition

could cause binding of the control cable in the groove with the

resultant inability to retract the source, and could result in

unwarranted exposures. Recordkeeping requirements may be found in

Sec. 34.67.

Section 34.29, Quarterly inventory, is basically unchanged from the

existing regulation with the exception of moving all recordkeeping

requirements to Sec. 34.69.

Section 34.31, Inspection and maintenance of radiographic exposure

devices, storage containers, associated equipment, and source changers,

includes several proposed changes from Sec. 34.28 in the current rule.

The term associated equipment has been included in the proposed rule,

and includes various items used for specific tasks which may not be

supplied with the radiographic device. Experience has shown that

defects in associated equipment can have an effect on safety.

Therefore, associated equipment must be included in an inspection and

maintenance program. Section 34.31(a) has been revised to clarify the

intent of the daily visual check and the required actions if defects

are found. In Sec. 34.31(b), the term routine maintenance is now used

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

Many equipment repairs may require returning the device to the

manufacturer. Language has been added to specify that defective

equipment must be removed from service until repaired and that a record

of the defect, as well as corrective actions taken, must be made. While

this appears obvious, there have been numerous instances where the use

of defective equipment continued and overexposures of personnel

occurred as a direct result of the defects. Recordkeeping requirements

have been moved to Sec. 34.73. The records required to be kept would

now be specified in the rule, and include: Date of check, individual

performing check, equipment involved, any defects found, and repairs

made.

Section 34.33, Permanent radiographic installations, is basically

unchanged from the existing requirements in part 34, with the

exceptions noted below. Section 34.33(a) has been revised to clarify

which entrance controls are required by incorporating the appropriate

language from 10 CFR 20.1601 into part 34. Section 34.33(b) is revised

to require an alarm system check at the beginning of each day of use.

This is to be performed by checking the warning light and audible alarm

with the source exposed before using the room each day. A defective

alarm would require repair before radiographic operations could resume.

This requirement is included because there have been instances where

failures in alarm systems have resulted in personnel overexposures upon

entry into a high radiation area.

Section 34.35, Labels, storage, and transportation precautions, is

a proposed new section that would place requirements that specify

labeling and security precautions for radioactive material storage and

transportation in part 34. Section 34.23 of the current rule describes

storage precautions for exposure devices and storage containers but

does not address transportation or labeling requirements. In Sec. 34.35

of the proposed rule, labeling requirements for source changers and

storage containers are specified. The proposed rule contains specific

requirements to lock and physically secure transport packages. The

proposed rule would also require licensees to store licensed material

in a manner which minimizes the danger from explosions or fire. The

requirement for a Quality Assurance (QA) program, as described in

Sec. 71.105, has been added to the proposed rule. While radiography

licensees have always had to comply with Sec. 71.105, there have been

numerous cases where radiography licensees were unaware of this

requirement and, therefore, failed to comply. The addition of

requirements addressing labeling and transportation is necessary

because in the past personnel and public exposures have occurred from

the failure to properly safeguard radioactive material during storage

and transportation.

Subpart D--Radiation Safety Requirements

This subpart describes basic radiation safety requirements for

radiographic operations and includes training, safety procedures,

personnel monitoring and surveys. New requirements describing the

duties of the radiation safety officer are proposed.

Section 34.41, Conducting radiographic operations, would be added

to address the practice of conducting radiography at sites where the

special safety features of a shielded facility are not available. The

proposed requirement specifies that, as a minimum, either two

radiographers or a radiographer and an individual who has met the

requirements to be a radiographer's assistant must be present any time

radiographic operations occur outside a permanent installation. The

basis for this proposed requirement is to ensure that, in the absence

of the safety features outlined in Sec. 34.33, there will be a

significant increase in assurance that operational safety measures will

be implemented effectively. 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.

Furthermore, if an incapacitating injury to a radiographer should occur

at a remote location, the presence of a second individual could be an

important factor in preventing unnecessary radiation exposures. Section

34.41(b) is proposed to require that radiographic operations conducted

at locations listed on the license be conducted in a permanent

radiographic installation. If licensees would need to perform

radiography outside of a permanent facility due to some unique

circumstances Commission authorization would be required, and the

requirements of Sec. 34.41(a) would need to be met.

Section 34.42, Radiation Safety Officer (RSO), lists the

qualifications and duties of the RSO. This section would be added to

place in the regulations the requirements for this key individual.

Previously, these requirements were referenced in regulatory guides and

included as license conditions on a case-by-case basis, but not

specified in the regulations. The NRC believes that the RSO is the key

individual for ensuring safe operations. The qualifications listed for

the RSO in the proposed rule include: (1) Completion of the training

required for a radiographer as described in part 34; and (2) 2000 hours

of documented experience in industrial radiography with at least 40

hours of formal classroom training with respect to the establishment

and maintenance of radiation protection programs. It is anticipated

that most existing RSOs already meet these requirements. It is proposed

that licensees would have two years from the effective date of the rule

to meet this 40 hour training requirement for existing RSOs. A key duty

of the RSO is to ensure the safe conduct of operations and to stop

unsafe operations and institute corrective actions. Other duties of the

RSO in the proposed rule include overseeing procedure implementation

and employee training, and monitoring radiation surveys, leak tests,

and personnel monitoring results.

Section 34.43, Training, contains several new requirements. Section

34.43(a) has been revised to require radiographers to be certified by a

certifying entity meeting the criteria specified in Appendix A of the

proposed rule. To be recognized as a certifying entity, an independent

organization meeting the criteria specified in part I of appendix A

would have to apply as specified in Sec. 34.43(a)(2). Certifying

programs would be periodically reviewed by the NRC to ensure that the

conditions of approval are being met. A list of approved certifying

entities would be made available to licensees on request by contacting

the appropriate regional office listed in appendix D to 10 CFR part 20,

and would be published annually in the Federal Register. Under the

proposed rule licensees would have 2 years to implement the proposed

change. The change in the verification of training requirements was

included in the proposed rule to provide assurance of the quality of

radiographers' training in the safe handling of radioactive material.

NRC and Agreement States must reciprocally recognize valid radiographer

certifications issued by either an independent certifying entity

approved by the NRC or an Agreement State certification program meeting

the requirements of appendix A, parts II and III, of the proposed rule.

Also included in this section is training in Secs. 30.7, 30.9, and

30.10, applicable sections of 10 CFR part 71, and some instructions in

applicable Department of Transportation (DOT) regulations as referenced

in 10 CFR part 71 in addition to other parts of NRC regulations.

Section 34.43(b), which lists training requirements for

radiographers' assistants, has been revised to require training in

Secs. 30.7, 30.9, 30.10, and parts 19, 20, 34, 71, and instructions in

applicable DOT regulations as referenced in 10 CFR part 71, in addition

to the licensee's operating and emergency procedures. These changes are

to ensure that radiographers and radiographers' assistants are

knowledgeable of the safety requirements applicable to handling

radioactive material in the conduct of radiography. In Sec. 34.43(b)(3)

the option of providing an oral test has been omitted. The proposed

rule would only allow a written test to be given. Section 34.43(c)

describes a proposed requirement to conduct annual safety reviews of

radiographers and radiographers' assistants. In the current rule,

periodic training is required but required topics to be addressed are

not included. Because a number of violations involving personnel

overexposures have resulted from licensees' failures to provide

adequate training, the proposed amendment for annual safety reviews

includes training on revised operating and emergency procedures, new

equipment, and safety issues.

Section 34.43(d) has been relocated from Sec. 34.11(d), and

describes the requirements for routine inspections of job performance

for radiographers and radiographers' assistants. The proposed rule

reduces the frequency of these inspections from quarterly to annually.

The NRC is proposing to reduce the frequency of inspections of job

performance for individuals regularly conducting radiographic

operations. For individuals who have not performed radiographic

operations for more than six months, an inspection of their job

performance would be required at the time of their next participation

in a radiographic operation. With several of the other requirements

proposed in this rulemaking, such as, certification of radiographers,

and having at least two individuals at a temporary jobsite, the

Commission believes that the frequency of inspection of job performance

can be reduced from quarterly to annually.

Proposed Sec. 34.43(e) specifies that recordkeeping requirements

can be found in Sec. 34.79. The requirements for records are unchanged

from the current part 34 except for the addition of records verifying

the certification status of radiographers. Proposed Sec. 34.43(f)

contains the subjects currently listed in Appendix A of part 34.

Several additional requirements are proposed. These include: Pictures

or models of source assemblies; training in storage, control, and

disposal of licensed materials; and pertinent Federal regulations,

i.e., Department of Transportation. A new Sec. 34.43(g) would be added

which would allow licensees to continue to permit uncertified

individuals to act as radiographers for a 2-year period after the

proposed rule becomes final.

In Sec. 34.45, Operating and emergency procedures, minor changes

were made to include procedures for source recovery if the licensee

intends to perform emergency source recovery. These were added because

many of the steps in a source recovery would be the same in any

circumstance and, in the past, a number of personnel overexposures have

occurred during emergency source recovery operations because basic

radiation protection precautions were overlooked. Additional

requirements are proposed for transportation procedures to include

placarding of vehicles, and reference to the DOT regulations. A number

of violations have resulted from licensees failing to follow DOT

regulations in the transportation of radioactive material. Section

34.45(b) is proposed which specifies that the recordkeeping

requirements can be found in Sec. 34.81. Sections 34.89 and 34.91

specify that copies of current operating and emergency procedures are

to be maintained at field stations, permanent installations, and

temporary jobsites, to ensure that adequate documents are available

where radiographic operations occur.

Section 34.46, Supervision of radiographers' assistants, is

unchanged from Sec. 34.44 of the current rule.

In Sec. 34.47, Personnel monitoring, several changes are proposed.

The existing requirement specifies that pocket dosimeters have a range

from zero to at least 200 milliroentgens. The proposed rule has dropped

the term ``at least,'' to limit the range to be only from 0-200. This

is to prevent the use of pocket dosimeters with very high ranges where

the users would be unable to properly determine their exposure. Use of

pocket dosimeters with a range higher than 200 milliroentgens will be

considered on a case-by-case basis. Additional requirements are

proposed on the replacement frequency for film and TLDs. The existing

regulation does not specify the replacement frequency for film and

TLDs. The high intensity sources used in radiography necessitate

frequent monitoring. Monthly replacement is judged to be an appropriate

frequency to adequately track an individual's exposure. With the new

lower limits for occupational dose, less frequent monitoring could

result in a worker receiving an overexposure.

Section 34.47(b) addresses the use of pocket dosimeters. A

requirement to read dosimeters at the beginning and end of each shift

is proposed. This is added to ensure that the dose is correctly

estimated. The existing regulation only specifies a daily reading and

does not provide sufficient instruction on how licensees should handle

any readings which remain on the pocket dosimeter after recharging.

Because it is nearly impossible to recharge a pocket dosimeter to zero,

licensees must take a reading before and after use and determine the

difference to determine the dose accurately. Section 34.47(d) addresses

an off-scale pocket dosimeter. The proposed rule would require that, in

the case of a pocket dosimeter being off-scale, the individual will not

be permitted to work with licensed material until the RSO or a designee

of the RSO makes a determination of the worker's radiation exposure.

The current rule requires that the worker's film badge or TLD be sent

for processing, but does not specify when the individual can return to

work. The proposed revision provides the criteria that must be met

before permitting the individual to return to work. A provision is

included which will permit the individual to return to work when the

circumstances are clearly known and justified by the RSO that there was

no possibility of overexposure.

Section 34.47(e) is proposed to require that a worker cease work

whenever a film badge or TLD is lost or damaged until a replacement is

available. This is added to ensure that there is a means to accurately

determine the worker's radiation dose.

Section 34.47(g) has a proposed revision to require alarm

ratemeters to be capable of alerting the wearer regardless of the

environmental conditions. In a recent radiography overexposure

incident, a licensee reported that a radiographer who was wearing ear

protection due to high workplace noise levels was overexposed because

he was unaware that his ratemeter was alarming. For use in high ambient

noise areas, ratemeters could be supplied with either a vibrating alarm

that could be felt by the wearer or a small speaker built into hearing

protectors to meet this requirement. NRC expects its licensees to

determine the need for alarm ratemeters that incorporate these

additional protective measures.

In Sec. 34.49, Radiation surveys, there are several proposed

changes. The existing regulation requires a survey of the circumference

of the radiographic exposure device and the guide tube. A number of

violations of NRC requirements have occurred due to a failure to comply

with the requirement to survey the full circumference of the camera. In

reviewing the regulation, the NRC has decided to revise the survey

requirements to specify that a survey be conducted of the radiographic

exposure device to determine that the sealed source has returned to the

shielded position, and specify that the radiographer conduct a survey

as he/she approaches the guide tube to exchange film, reposition the

collimator, or dismantle equipment. The proposed rule places the

responsibility with the licensee for ensuring that an adequate survey

is conducted. In the majority of cases, a survey of the radiographic

exposure device's ports should be adequate to make this determination.

A proposed requirement to survey storage areas when radioactive

material is initially placed in storage, during each quarterly

inventory, and whenever changes occur which could increase radiation

levels, is added.

Section 34.51, Surveillance, is basically unchanged from Sec. 34.41

of the current rule. References to part 20 have been updated to reflect

the proposed revisions in Sec. 34.33.

Section 34.53, Posting, is basically unchanged from Sec. 34.42 of

the current rule except to incorporate current references to part 20.

Subpart E--Recordkeeping Requirements

This subpart does not appear in the current part 34. This subpart

is proposed to place all recordkeeping and notification requirements in

one location. Most of the recordkeeping requirements are unchanged from

those contained in the existing part 34. Proposed changes are discussed

below.

Section 34.61, Specific license for radiography, requires the

licensee to maintain a copy of the license until it is terminated by

the Commission.

Section 34.63, Records of receipt and transfer of sealed sources,

is added to provide a record showing the disposition of sources.

Section 34.65, Records of radiation survey instruments, is proposed

as currently written in Section 34.24. Licensees would be required to

maintain calibration records for radiation survey instruments for 3

years after the record is made.

Section 34.67, Records of leak testing and replacement of sealed

sources is proposed as currently written in Sec. 34.25(c) and requires

licensees to maintain records of leak tests for 3 years after the

record is made.

Section 34.69, Records of quarterly inventory is proposed as

currently written Sec. 34.26 and requires licensees to maintain records

of quarterly inventories for 3 years after the record is made.

Section 34.71, Utilization logs, is proposed much as currently

written in Sec. 34.27. This section would require licensees to maintain

utilization logs for 3 years after the record is made. The proposed

rule has added several additional pieces of information to the logs

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 and returned to storage. This information is necessary in order

to verify location of sources.

Section 34.73, Records of inspection and maintenance of

radiographic exposure devices, storage containers, associated

equipment, and source changers, is proposed much as currently written

in Sec. 34.28(b). This section requires licensees to maintain

inspection and maintenance records for 3 years after the record is

made. The proposed rule would specify the information that must be

included in the inspection records: Date of check, name of inspector,

equipment inspected, any defects found, and repairs made.

Section 34.75, Records of alarm system checks at permanent

radiographic installations, is proposed as currently written in

Sec. 34.29(c) and requires licensees to maintain records of alarm

system checks for 3 years after the record is made.

Section 34.79, Records of training, is proposed as currently

written in Sec. 34.31(c) with proposed additional requirements for

maintaining records of radiographer certification and annual safety

reviews. This paragraph would require licensees to maintain records

verifying radiographer certification status. For annual safety reviews,

the records would include copies of tests, dates administered, names of

instructors and attendees, and the topics covered. Under the proposed

rule, records of the annual inspections would include a list of items

checked, and any non-compliances observed by the RSO.

Section 34.81, Copies of operating and emergency procedures, is

proposed as currently written in Sec. 34.32 and requires licensees to

maintain copies of emergency and operating procedures until the

Commission terminates the license.

Section 34.83, Records of personnel monitoring, is proposed as

currently written in Sec. 34.33(b), and requires 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

to maintain records of film badge or TLD reports until the Commission

terminates the license.

Section 34.85, Records of radiation surveys, is proposed as

currently written in Sec. 34.43(d) and requires records of the exposure

device surveys for 3 years from the date the record was made.

Section 34.87, Form of records, is proposed as currently written in

Sec. 34.4 and specifies how records must be maintained, including

permitting records to be stored in electronic media.

Section 34.89, Documents and records required at field stations and

permanent installations, would be added to list documents and records

required at field stations and permanent installations. This section is

necessary to ensure that licensees have available sufficient records to

demonstrate compliance with NRC regulations. Field stations and

permanent installations may be far removed from the home office.

Therefore, records necessary to conduct operations safely should be

readily available. These records include a copy of the current license,

copies of pertinent regulations, copies of operating and emergency

procedures, instrument calibration records, leak test results,

inventory records, utilization logs, training and survey records. These

records are those required for licensees to safely handle radioactive

material, and are a subset of the records required at a licensee's

normal place of business.

Section 34.91, Documents and records required at temporary jobsites

and use or storage locations exceeding 180 days, would be added to list

documents and records required at temporary jobsites and locations

where radioactive material will be in use or storage for more than 180

days. This section is necessary to ensure that licensees have available

sufficient records to demonstrate compliance with NRC regulations and

those records necessary to maintain safe operations. The records listed

are a smaller subset of the records required for a field station or

permanent installation. These records include copies of pertinent

regulations, evidence of latest instrument calibrations, latest survey

records, shipping papers, and NRC license or Agreement State license if

operating under reciprocity. These records are those required for

licensees to safely handle radioactive material.

Subpart F--Notifications

This subpart is basically unchanged from Sec. 34.30 with the

exception of an additional requirement. Section 34.101(c) would require

licensees to notify the appropriate NRC regional office in writing

before using or storing radioactive material in one location for more

than 180 days. This notification would be required within 30 days of

exceeding the 180-day timeframe. This provision would be added to

provide the NRC with information in a timely manner to permit

inspection of radioactive material at these locations.

Subpart G--Exemptions

This subpart addresses exemptions and is basically the same as

Sec. 34.51 in the current part 34 with the exception of minor wording

changes to make it consistent with current language used in other parts

of the rule. See Sec. 39.91.

Subpart H--Violations

This subpart addresses violations and is basically the same as

Sec. 34.61 and Sec. 34.63 in the current part 34 with the exception of

minor wording changes to make the sections referenced consistent with

the proposed rule.

Appendix A to Part 34

This appendix is new. The requirements in appendix A to the current

part 34 have been relocated to Sec. 34.43(f). Part I of the new

appendix A provides the proposed requirements for an independent

certifying organization, and does not apply to Agreement States

choosing to become a certifying entity. Parts II and III of the new

appendix A provide the proposed requirements for certification programs

and written examinations for a certifying entity, which would include

Agreement States. The proposed appendix A would not impose new

requirements on NRC's radiography licensees.

NRC is proposing that an independent certifying organization would

have to be a national society or association involved in setting

national standards of practice for industrial radiography or non-

destructive testing to be recognized. Membership in the organization

could not be restricted because of race, color, religion, sex, age,

national origin or handicap and the organization's certification

program would need to be open to nonmembers. The independent certifying

organization would need to:

(1) Be incorporated;

(2) Have a permanent full-time staff;

(3) Be nationally recognized;

(4) Have a policy and decision-making review board;

(5) Be governed by written organizational by-laws and policies; and

(6) Have a viable system of financing its operations.

An independent certifying organization would also need to have:

(1) A committee to review and approve certification guidelines and

procedures and to advise the organization's staff in implementing its

certification program;

(2) A committee to review complaints against certified individuals;

(3) Written procedures describing its certification program; and

(4) An agreement to exchange information about certified

individuals with the Commission and the Agreement States.

For a certification program to be acceptable, NRC is proposing that

it include provisions requiring individuals to receive training in the

topics listed in Sec. 34.43(f), complete a written examination,

complete a practical examination or equivalent, and require a minimum

period of on-the-job experience. The program would also have to include

procedures that ensure due process whenever an individual's

certification may need to be revoked, suspended, or restricted for

willful or significant failure to comply with his or her employer's

operating or emergency procedures, or the Commission's or an Agreement

State's regulations.

For the written examination, NRC is proposing that it be: (1)

Designed to test knowledge and understanding of the subjects listed in

Sec. 34.43(f); (2) written for a ninth-grade reading comprehension

level; and (3) scientifically analyzed to ensure that the questions are

not biased or misleading.

Agreement State Compatibility

The rule will be a matter of compatibility between the NRC and the

Agreement States, thereby providing consistency between Federal and

State safety requirements. With regard to basic radiation equipment

specifications, standards, and definitions identified as matters of

Division 1 level of compatibility, the Agreement States will be

expected to adopt, essentially verbatim, the proposed part 34 standards

and definitions into their equivalent regulations. However, the NRC

also recognizes that certain terms, such as radiographer's assistant,

may not be used in present Agreement State regulations. Continued use

of alternative terms, such as ``trainee'' will be considered acceptable

so long as the underlying requirements of the position are consistent

with those proposed by the Commission. The remainder of the rule will

be a Division 2 level of compatibility allowing the Agreement State

regulators the flexibility to adopt similar or more stringent

requirements based on their radiation protection experience,

professional judgments, and community values.

Appendix A of proposed 10 CFR part 34 provides the requirements for

certifying entities to be acceptable to NRC. The Commission reserves

the right to make this determination and therefore this is a Division 4

item of compatibility. Because it concerns a regulatory function that

will be reserved for the Commission pursuant to 10 CFR part 150, the

Agreement States will not need to implement this provision of the

proposed rulemaking. A new section proposed for part 150 would make

clear the Commission's intent to reserve this function and also to

reserve the right to set minimum radiographer certification standards.

Agreement States that wish to develop radiographer certification

programs would be expected to implement parts II and III of the

proposed appendix A. The definitions and the requirements for

certification programs and written examinations contained in this

rulemaking must be the same for all NRC and Agreement State licensees

to maintain consistency. In practice, States that develop certification

programs must develop regulatory language and regulations that

implement appendix A, parts II and III criteria. States would be

permitted to include additional administrative requirements (such as

State-issued cards). States that do not develop certification programs

would not be expected to implement appendix A. NRC or an Agreement

State must reciprocally recognize valid radiographer certifications

issued by either an independent certifying entity approved by the NRC

or by an Agreement State certification program meeting the requirements

of appendix A, parts II and III, of the proposed rule. Agreement States

would be expected to submit their proposed program for NRC review and

evaluation prior to implementing their certification program.

Implementation

The Commission intends to have different implementation dates for

particular requirements of this proposed rule. The proposed

requirements would become effective 90 days after publication of the

final rule in the Federal Register. For the proposed requirements in

Sec. 34.41 to use, as a minimum, a two-person crew for radiographic

operations not conducted in a permanent facility, licensees would have

1 year from the effective date of the rule to comply. Licensees would

be required to affirm that all radiographers have met the certification

requirements of 34.43(a)(1) within 2 years from the effective date of

the rule. This would allow radiography licensees operating in NRC

jurisdiction 2 years to obtain certification for their employees who

act as radiographers. This requirement would include radiographers

employed by Agreement State licensees operating in non-Agreement States

under reciprocity pursuant to 10 CFR 150.20. The Commission notes that

the State of Texas currently provides a 90-day grace period for non-

Texas licensees operating in that State under reciprocity (TRC 31.90).

However, because this proposed rule will be a matter of compatibility,

the requirement for mandatory certification would apply to radiography

licensees nationwide.

Licensees would have one year from the effective date of the rule

to comply with the additional training requirements specified in

Sec. 34.43(b). Licensees could consider combining this training with

the annual safety review.

For the proposed revision to Sec. 34.47(g) that would require alarm

ratemeters be capable of alerting the wearer regardless of

environmental conditions, licensees would have 1 year to obtain or

modify a sufficient number of additional alarm ratemeters to meet

anticipated needs.

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, by the effective date of

the rule. Few amendment requests are anticipated.

All current RSOs would be granted a two-year extension to meet the

proposed additional RSO training requirements specified in

Sec. 34.42(a).

The Commission requests that persons commenting on this proposed

rulemaking particularly address any hardships that would result if the

proposed rule were adopted and also address any hardships that would

result if the proposed implementation schedule were adopted. The NRC is

particularly interested in suggestions for alternative implementation

schedules.

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, if adopted, would not be a

major Federal action; therefore, an impact statement is not required.

The revision of 10 CFR part 34 should have no environmentally

significant impact because radiography only involves the use of sealed

sources, and no environmental impact 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.

Paperwork Reduction Act Statement

This proposed rule amends information collection requirements that

are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et

seq.). This rule has been submitted to the Office of Management and

Budget for review and approval of the information collection

requirements.

The public reporting burden for this collection of information is

estimated to average 108 hours per response, 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 regarding this burden estimate

or any other aspect of this collection of information, including

suggestions for reducing this burden, to the Information and Records

Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission,

Washington, DC 20555; and to the Desk Officer, Office of Information

and Regulatory Affairs, NEOB-3019, (3150-0007 and 3150-0120), Office of

Management and Budget, Washington, DC 20503.

Regulatory Analysis

The Commission has prepared a draft regulatory analysis on this

proposed regulation. The analysis examines the costs and benefits of

the alternatives considered by the Commission. The draft analysis is

available for inspection in the NRC Public Document Room at 2120 L

Street NW. (Lower Level), Washington, DC.

Regulatory Flexibility Analysis

The NRC has prepared an initial regulatory analysis of the impact

of this proposed rule on small entities. A summary of this analysis

appears as Appendix A to this document. A copy of the analysis is

available for inspection in the NRC Public Document Room, 2120 L

Street, NW. (Lower Level), Washington, DC. Single copies of the

analysis may be obtained from Donald O. Nellis or Mary L. Thomas,

Division of Regulatory Application, Office of Research, U.S. Nuclear

Regulatory Commission, Washington, DC 20555. Telephone (301)-492-3785.

The NRC is seeking public comment on the initial regulatory flexibility

analysis. The NRC is particularly seeking comment from small entities

(i.e., small businesses, small organizations, and small jurisdictions

under the Regulatory Flexibility Act) as to how the regulations will

affect them and how the regulations may be tiered or otherwise modified

to impose less stringent requirements on small entities while still

adequately protecting the public health and safety. Those small

entities which offer comments on how the regulations could be modified

to take into account the differing needs of small entities should

specifically discuss the following items:

(a) The size of their business and how the proposed regulations

would result in a significant economic burden upon them as compared to

larger organizations in the same business community.

(b) How the proposed regulations could be modified to take into

account their differing needs or capabilities.

(c) The benefits that would accrue, or the detriments that would be

avoided, if the proposed regulations were modified as suggested by the

commenter.

(d) How the proposed regulations, as modified, would more closely

equalize the impact of NRC regulations or create more equal access to

the benefits of Federal programs as opposed to providing special

advantages to any individuals or groups.

(e) How the proposed regulations, as modified, would still

adequately protect the public health and safety. The comments should be

sent to the Secretary of the Commission, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, Attn: Docketing and Service Branch.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this proposed rule and, therefore, that a backfit analysis

is not required for this proposed rule. The proposed rule does not

involve any provisions that would impose backfits as defined in 10 CFR

50.109(a)(1).

List of Subjects

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 150

Criminal penalties, Hazardous materials--transportation,

Intergovernmental relations, Nuclear materials, 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. 553, the NRC is proposing to adopt the

following amendments to 10 CFR part 34.

PART 34--LICENSES FOR RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS

FOR RADIOGRAPHIC OPERATIONS

1. The authority citation for part 34 is revised 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. The existing headings for subparts A and B and each of the

existing undesignated center headings are removed.

3. A new heading for subpart A, consisting of Secs. 34.1-34.8, is

added to read as follows:

Subpart A--General Provisions

4. Section 34.1 is revised to read as follows:

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 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 [Removed]

5. Section 34.3 is removed.

6. Section 34.2 is redesignated as Sec. 34.3, and the new Sec. 34.3

is revised to read as follows:

Sec. 34.3 Definitions.

ALARA (acronym for as low as reasonably achievable) means making

every reasonable effort to maintain exposures to radiation as far below

the dose limits specified in 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 safety review means a review conducted or provided by the

licensee for its employees on radiation safety aspects of radiography.

The review may include, as appropriate, the results of internal

inspections, new procedures or equipment, accidents or errors that have

been observed, and 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).

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 device used to limit the size, shape, and

direction of the primary radiation beam.

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 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 examination means a demonstration through practical

application of the safety rules and principles in radiography including

use of all appropriate equipment and procedures.

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.

Independent certifying organization means an independent

organization that meets all of the criteria in Appendix A of this part.

Permanent radiographic installation means an enclosed shielded

room, cell, or vault, not located at a temporary jobsite, in which

radiography is performed.

Projection sheath (guide tube) means a flexible or rigid tube

(i.e., ``J'' tube) for guiding the source assembly and the attached

control cable from the radiographic exposure device to the exposure

head or working position.

Radiation Safety Officer means an individual named by the licensee

who has knowledge of, responsibility for, and authority to ensure

compliance with appropriate radiation protection rules, standards, and

practices on behalf of the licensee and who meets the requirements of

Sec. 34.42.

Radiographer means any individual who meets the requirements of

Sec. 34.43, is in attendance at the site where the sealed source or

sources are being used, personally supervises radiographic operations

and who is responsible to the licensee for ensuring compliance with the

requirements of the Commission's 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 training, testing, and experience

criteria.

Radiographer's assistant means any individual, who under the

personal supervision of a radiographer, uses radiographic exposure

devices, sealed sources or related handling tools, or radiation survey

instruments in 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 transport and use of the device, to include surveys to confirm

the adequacy of boundaries, setting up equipment and any activity

inside restricted area boundaries.

Radiography means the examination of the structure of materials by

nondestructive methods, utilizing sealed sources of byproduct

materials.

S-tube means a tube (typically made of a hard metal, such as,

titanium) through which the radioactive source travels in 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. (In this position the radiation exposure

will be at a minimum. This position incorporates maximum shielding for

the radioactive source.)

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

dose equivalent. The absorbed dose in grays multiplied by the quality

factor is equal to the dose equivalent in Sieverts. For comparison 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 device in which sealed sources are

stored.

Temporary jobsite means a place where radiographic operations are

conducted other than the location(s) of use authorized on the license.

Sec. 34.4 [Removed]

7. Section 34.4 is removed.

8. Section 34.5 is added to read as follows:

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.

9. Section 34.8 is revised to read as follows:

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, 35.41, 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, 34.101, and Appendix A.

(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]

10. A new heading for subpart B, consisting of Secs. 34.11-34.13,

is added to read as follows:

Subpart B--Specific Licensing Provisions

11. Section 34.11 is revised to read as follows:

Sec. 34.11 Application for a specific license.

A person may file an application for specific license for use of

sealed sources in radiography, in duplicate, on NRC Form 313,

``Application for Material License,'' in accordance with the provisions

of Sec. 30.32 of this chapter.

12. Section 34.13 is added to read as follows:

Sec. 34.13 Specific license for radiography.

The Commission will approve an application for a specific license

for the use of licensed material in radiography if the applicant meets

the following requirements:

(a) The applicant shall satisfy 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 shall develop an adequate program for training

radiographers and radiographers' assistants that meets the requirements

of Sec. 34.43, and submit to the Commission a description of this

program which specifies the--

(1) Initial training;

(2) On-the-job training;

(3) Annual safety reviews; and

(4) Means the applicant will use to demonstrate the radiographer's

and radiographer's assistant's knowledge and understanding of and

ability to comply with the Commission's regulations and licensing

requirements and the applicant's operating and emergency procedures.

(c) The applicant shall establish and submit to the Commission a

description of its procedures for verifying and documenting the

certification status of its radiographers and for ensuring that the

certification of individuals acting as radiographers remains valid.

(d) The applicant shall submit to the Commission written operating

and emergency procedures as described in Sec. 34.45.

(e) The applicant shall establish and submit to the Commission its

program for annual inspections of the job performance of each

radiographer and radiographer's assistant as described in

Sec. 34.43(d).

(f) The applicant shall submit a description of its overall

organizational structure as it applies to the radiation safety

responsibilities in radiography, including specified delegations of

authority and responsibility.

(g) The applicant shall designate and identify a Radiation Safety

Officer responsible for implementing the licensee's radiation safety

program. The Radiation Safety Officer shall meet the qualifications and

duties described in Sec. 34.42.

(h) If an applicant intends to perform leak testing of sealed

sources, the applicant shall identify the manufacturers and the model

numbers of the leak test kits to be used. If the applicant intends to

analyze its own wipe samples, the applicant shall establish procedures

to be followed and submit a description of these procedures to the

Commission. 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) The applicant shall identify the location(s) of, and describe,

all field stations and permanent radiographic installations.

(j) From (insert effective date of final rule) to (Insert date 2

years after the final rule is published in the Federal Register):

(1) A license applicant may affirm that all individuals acting as

radiographers will be certified in radiation safety by a certifying

entity before commencing duties as radiographers. This affirmation is

instead of describing its initial training program for radiographers in

the subjects outlined in Sec. 34.43(f) and the means used to determine

the radiographer's knowledge and understanding of these subjects, and;

(2) A licensee may substitute radiographer certification in place

of the description of the means to determine the radiographer's

knowledge and understanding of the subjects outlined in Sec. 34.43(f).

(3) After (Insert date 2 years after the final rule is published in

the Federal Register), a license applicant and licensee shall comply

with the requirement of Sec. 34.43(a)(2).

13. A new heading for subpart C, consisting of Secs. 34.20-34.35,

is added to read as follows:

Subpart C--Equipment

14. Section 34.20 is revised to read as follows:

Sec. 34.20 Performance requirements for radiography equipment.

Equipment used in industrial radiographic operations must meet the

following minimum criteria:

(a) Each radiographic exposure device and all associated equipment

must meet the requirements specified in American National Standard

N432-1980 ``Radiological Safety for the Design and Construction of

Apparatus for Gamma Radiography,'' (published as NBS Handbook 136,

issued January 1981). This publication has been approved for

incorporation by reference by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a). This publication may be purchased from

the Superintendent of Documents, U.S. Government Printing Office,

Washington, DC 20402 and 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, 7920 Norfolk Avenue, Lower

Level, Bethesda, Maryland, 20814. A copy of the document is also on

file at the Office of the Federal Register, 800 North Capitol Street

NW., Washington, DC 20408.

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

this section, the following requirements apply to radiographic exposure

devices and associated equipment.

(1) Each radiographic exposure device must have attached to it by

the user, 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 number and serial number of the sealed source;

(iv) Manufacturer 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 and associated

equipment is prohibited.

(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 routine operation.

(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) 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''.

The label must not interfere with the safe operation of the exposure

device or associated equipment.

(5) The guide tube must have passed the crushing tests for the

control tube as specified in ANSI N432 and a kinking resistance test

that closely approximates the kinking forces 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 radiographic

operations.

(8) The guide tube exposure head connection must be able to

withstand the tensile test for control units specified in ANSI N432.

(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 newly manufactured radiographic exposure devices and

associated equipment acquired by licensees after January 10, 1992, must

comply with the requirements of this section.

(e) All radiographic exposure devices, source assemblies, and

associated equipment in use after January 10, 1996, must comply with

the requirements of this section.

(f) All associated equipment acquired after January 10, 1996, must

be labelled to identify that the components have met the requirements

of this section.

15. Section 34.21 is revised to read as follows:

Sec. 34.21 Limits on levels of radiation for radiographic exposure

devices, storage containers, and source changers.

(a) Radiographic exposure devices measuring less than 10

centimeters (4 inches) from the sealed source storage position to any

exterior surface of the device must not have a radiation level in

excess of 0.5 millisieverts (50 millirems) per hour at 15 centimeters

(6 inches) from any exterior surface of the device. Radiographic

exposure devices measuring a minimum of 10 centimeters (4 inches) from

the sealed source storage position to any exterior surface of the

device, and all storage containers for sealed sources or for

radiographic exposure devices, must not have a radiation level in

excess of 2 millisieverts (200 millirems) per hour at any exterior

surface, and 0.1 millisieverts (10 millirems) per hour at 1 meter from

any exterior surface. The radiation levels specified are with the

sealed source in the shielded (i.e., ``off'') position.

(b) Paragraph (a) of this section applies to all equipment

manufactured before January 10, 1992. After January 10, 1996,

radiographic equipment other than storage containers and source

changers must meet the requirements of Sec. 34.20. Section 34.21

applies only to storage containers.

Sec. 34.22 [Removed]

16. Section 34.22 is removed.

17. Section 34.23 is revised to read as follows:

Sec. 34.23 Locking and relocation of radiographic exposure devices,

storage containers and source changers.

(a) Locked radiographic exposure devices and storage containers

must be physically secured to prevent tampering.

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

locked 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 or as otherwise may be

authorized in Sec. 34.51. In addition, during radiographic operations

the sealed source assembly must be manually secured in the shielded

position each time the source is returned to that position, in those

exposure devices manufactured before January 10, 1992.

(2) 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.

(b) Radiographic exposure devices, source changers, and storage

containers, before being moved from one location to another, must have

the guide tubes and control cables disconnected, safety plugs or covers

applied, locked and physically secured to prevent accidental loss,

tampering or removal of licensed material, and must be surveyed to

assure that the sealed source is in the shielded position.

Sec. 34.24 [Removed]

18. Section 34.24 is removed.

19. Section 34.25 is revised to read as follows:

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 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. Survey

instruments must be checked for operability before use each day. This

may be accomplished by evaluating the instrument response to the

previously measured fields at the projection sheath port or the control

cable sheath port on a radiographic exposure device.

(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 midrange of each decade, and at two

points of at least one decade; and for digital instruments, at 3 points

between 0.02 and 10 mSv (2 and 1000 millirems) per hour; and

(3) So that an accuracy within plus or minus 20 percent of the

calibration standard 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. 34.26 [Removed]

20. Section 34.26 is removed.

21. Section Sec. 34.27 is revised to read as follows:

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 only by persons specifically authorized by the

Commission or an Agreement State to do so.

(b) 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.

(2) The licensee shall maintain records of the leak tests in

accordance with Sec. 34.67.

(3) In the absence of a certificate from the transferor that a leak

test has been made within the 6 months before the transfer, the sealed

source may not be used until tested.

(c) Method of testing. The wipe of a sealed source must be

performed using a leak test kit or method approved by the Commission or

an Agreement State. The wipe sample must 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.

(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,

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 part 20 of this chapter

``Standards for Protection Against Radiation.''

(e) A sealed source which is not fastened to or contained in a

radiographic exposure device must have permanently attached to it a

durable tag at least one (1) inch square bearing the prescribed

radiation caution symbol in conventional colors, magenta, purple or

black on a yellow background, and at least the instructions: ``Caution

(or Danger)--Radioactive Material--Do Not Handle--Notify Civil

Authorities (or Name of Company).''

(f) Each exposure device using depleted uranium (DU) shielding and

an ``S'' tube configuration must be periodically tested for DU

contamination. This test can be performed by the licensee using

available test kits or method approved by the Commission or an

Agreement State, or the exposure device could be returned to the

manufacturer for such testing. 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. This test must be undertaken at intervals not to

exceed 12 months and should such testing reveal the presence of DU

contamination, the exposure device must be removed from use and

arrangements for repair or proper disposal in a facility licensed under

10 CFR part 61 must be made. A record of the DU leaktest must be made

in accordance with Sec. 34.67.

Sec. 34.28 [Removed]

22. Section 34.28 is removed.

23. Section 34.29 is revised to read as follows:

Sec. 34.29 Quarterly inventory.

(a) Each licensee shall conduct a quarterly physical inventory to

account for all sealed sources received and possessed under this

license. (b) The licensee shall maintain records of the quarterly

inventory in accordance with Sec. 34.69.

Sec. 34.30 [Removed]

24. Section 34.30 is removed.

25. Section 34.31 is revised to read as follows:

Sec. 34.31 Inspection and maintenance of radiographic exposure

devices, storage containers, associated equipment, and source changers.

(a) The licensee shall visually check for obvious defects in

radiographic exposure devices, storage containers, associated

equipment, and source changers before use each day the equipment is

used to ensure that the equipment is in good working condition and that

required labeling is present. If defects are found, the equipment must

be removed from service until repaired, and a record must be made in

accordance with Sec. 34.73.

(b) Each licensee shall have a program for inspection and routine

maintenance of radiographic exposure devices, source changers,

associated equipment and storage containers at intervals not to exceed

3 months or before the first use thereafter to ensure the proper

functioning of components important to safety. Records of these

inspections and maintenance performed must be made in accordance with

Sec. 34.73. If defects are found, the equipment must be removed from

service until repaired, and a record must be made in accordance with

Sec. 34.73.

(c) 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.

Sec. 34.32 [Removed]

26. Section 34.32 is removed.

27. Section 34.33 is revised to read as follows:

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) Entrance controls of the type described in Sec. 20.1601(a)(1)

of this chapter; or

(2) Both 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 at the

beginning of each day the installation is used for radiographic

operations. The test must include a check of the visible and audible

signals by turning on the exposure device before using the room.

Entrance control devices must be tested monthly. If a control device or

alarm is operating improperly, it must be immediately labeled as

defective and repaired before industrial radiographic operations are

resumed. Test records must be maintained in accordance with Sec. 34.75.

28. Section 34.35 is added to read as follows:

Sec. 34.35 Labels, storage, and transportation precautions.

(a) Labels.

(1) The licensee may not use a source changer or container to store

licensed material unless the source changer or the container has

securely attached to it a durable, legible, and clearly visible label.

The label must contain the radiation symbol specified in Sec. 20.1904

of this chapter and the wording

Caution (or Danger) Radioactive Material--Do Not Handle Notify Civil

Authorities (or Name of Company)

(2) 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, including documentation of the

Quality Assurance (QA) program requirements outlined in Sec. 71.105 of

this chapter.

(b) Security precautions during storage and transportation.

(1) Locked radiographic exposure devices and storage containers

must be physically secured to prevent tampering or removal by

unauthorized personnel in accordance with the requirements in

Sec. 34.23. The licensee shall store licensed material in a manner

which will minimize danger from explosion or fire.

(2) 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.

29. A new heading for subpart D, consisting of Secs. 34.41-34.57,

is added to read as follows:

Subpart D--Radiation Safety Requirements

30. Section 34.41 is revised to read as follows:

Sec. 34.41 Conducting 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(b).

The additional qualified individual(s) 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.

31. Section 34.42 is revised to read as follows:

Sec. 34.42 Radiation Safety Officer.

The Radiation Safety Officer (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 RSO's qualifications must include:

(1) Completion of the training and testing requirements of

Sec. 34.43(a); and

(2) 2000 hours of documented experience in industrial radiographic

operations, with at least 40 hours of formal classroom training with

respect to the establishment and maintenance of a radiation protection

program.

(b) The specific duties of the RSO include, but are not limited to,

the following:

(1) To establish and oversee operating, emergency, and ALARA

procedures as required by part 20 of this chapter, and to review them

regularly to ensure that the procedures are current and conform with

these rules;

(2) To oversee and approve all phases of the training program for

radiographic personnel so that appropriate and effective radiation

protection practices are taught;

(3) To ensure that required radiation surveys and leak tests are

performed and documented in accordance with these rules, including any

corrective measures when levels of radiation exceed established limits;

(4) To ensure 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) To ensure that operations are conducted safely and to assume

control and have the authority to institute corrective actions

including stopping of operations when necessary in emergency situations

or unsafe conditions.

32. Section 34.43 is revised to read as follows:

Sec. 34.43 Training.

(a) The licensee may not permit any individual to act as a

radiographer until the individual--

(1) Has been instructed in the subjects outlined in paragraph (f)

of this part.

(2) Is certified through a radiographer certification program by a

certifying entity in accordance with the criteria specified in Appendix

A of this part. An independent organization that would like to be

recognized as a certifying entity shall submit its request to the

Director, Office of Nuclear Materials Safety and Safeguards, U.S.

Nuclear Regulatory Commission, Washington, DC. 20555.

(3) 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 parts

19, 20, and 71 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 radiography, and the licensee's operating and

emergency procedures;

(4) Has demonstrated understanding of NRC regulations, the

licensee's license, and the licensee's operating and emergency

procedures by successful completion of a written examination.

(5) Has demonstrated competence in the use of the licensee's

radiographic exposure devices, sealed sources, related handling tools,

and survey instruments; and

(6) Has demonstrated understanding of the instructions in paragraph

(a)(3) and (a)(5) of this section by successful completion of a field

examination.

(b) 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 parts

19, 20, and 71 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 radiography, and the licensee's

operating and emergency procedures;

(2) Has demonstrated competence to use, under the personal

supervision of the radiographer, the radiographic exposure devices,

sealed sources, related handling tools, and radiation survey

instruments that the assistant will use; and

(3) Has demonstrated understanding of the instructions provided

under paragraph (b)(1) of this section by successfully completing a

written test and a field examination on the subjects covered.

(c) The licensee shall provide annual safety reviews for

radiographers and radiographer's assistants at least once during each

calendar year.

(d) The licensee shall conduct an annual 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 radiographic operation at

intervals not to exceed 12 months; and

(2) Provide that, if a radiographer or a radiographer's assistant

has not participated in a radiographic operation for more than 6 months

since the last inspection, the individual's performance must be

observed and recorded when the individual next participates in a

radiographic operation.

(e) The licensee shall maintain records of the above training to

include certification documents, written and field examinations, annual

safety reviews and annual inspections of job performance in accordance

with Sec. 34.79.

(f) The licensee shall include the following subjects in the

training required in paragraph (a)(1) 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) Maintenance of equipment.

(4) The requirements of pertinent Federal regulations; and

(5) Case histories of accidents in radiography.

(g) The licensee may, until (Insert date 2 years after the final

rule is published in the Federal Register), allow an individual who has

not met the certification requirements of paragraph (a)(2) of this

section to act as a radiographer after the individual has received

training in the subjects outlined in paragraph (f) of this section and

demonstrated understanding of those subjects by successful completion

of a written examination that was previously submitted to and approved

by the Commission.

Sec. 34.44 [Removed]

34. Section 34.44 is removed.

35. Section 34.45 is added to read as follows:

Sec. 34.45 Operating and emergency procedures.

(a) Operating and emergency procedures must include, as a minimum,

instructions in at least the following:

(1) The handling and use of licensed sealed sources and

radiographic exposure devices to be employed such that no person is

likely to be exposed to radiation doses in excess of the limits

established in 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, 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 storage containers in the

vehicles, placarding of vehicles, when needed, and control of the

sealed sources during transportation (refer to 49 CFR parts 171 through

173);

(7) The inspection and maintenance of radiographic exposure devices

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;

(9) The procedure(s) for identifying and reporting defects and

noncompliance, as required by 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; and

(13) Maintenance of records.

(b) The licensee shall maintain copies of current operating and

emergency procedures in accordance with Sec. 34.81.

36. Section 34.46 is added to read as follows:

Sec. 34.46 Supervision of radiographers' assistants.

Whenever a radiographer's assistant uses radiographic exposure

devices, uses sealed sources or related source handling tools, 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 personal presence at the site where the

sealed sources are being used;

(b) The ability of the radiographer to give immediate assistance if

required; and

(c) The radiographer's watching the assistant's performance of the

operations referred to in this section.

37. Section 34.47 is added to read as follows:

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 a direct reading pocket

dosimeter, an operating alarm ratemeter, and either a film badge or a

thermoluminescent dosimeter (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.

(2) Each film badge and TLD must be assigned to and worn by only

one individual.

(3) Film badges and TLDs must be replaced at least monthly.

(4) After replacement, each film badge or TLD must be promptly

processed.

(b) Pocket 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 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 30 percent of the true radiation exposure.

(d) If an individual's pocket dosimeter is found to be off-scale

and the possibility of radiation exposure cannot be ruled out as the

cause, the individual's film badge or TLD must be sent immediately for

processing. In addition, the individual may not work with licensed

material 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) Be adequate to alert the individual regardless of the

environmental conditions (e.g., high ambient noise levels).

(4) Require special means to change the preset alarm function; and

(5) 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.

38. Section 34.49 is added to read as follows:

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) Conduct an adequate survey of the radiographic exposure device

with a radiation survey instrument after each exposure to determine

that the sealed source has been returned to its shielded position.

(c) Conduct a survey when approaching the guide tube before

exchanging films, repositioning the collimator, or dismantling

equipment.

(d) Conduct an adequate survey with a 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.

(e) Conduct a survey of the storage area to ensure that radiation

levels do not exceed the limits specified in 10 CFR 20.1301. These

surveys must be performed initially with radioactive material present

in the storage location and thereafter at the time of the quarterly

inventory and whenever storage conditions change (i.e., increases in

radioactive material present or changes in shielding or arrangement of

the radioactive material).

(f) Maintain records in accordance with Sec. 34.85.

39. Section 34.51 is revised to read as follows:

Sec. 34.51 Surveillance.

During each radiographic operation the radiographer or

radiographer's assistant shall maintain continuous direct visual

surveillance of the operation to protect against unauthorized entry

into a high radiation area, as defined in part 20 of this chapter,

except at permanent radiographic installations where all entryways are

locked and the requirements of Sec. 34.33 are met.

40. Section 34.53 is added to read as follows:

Sec. 34.53 Posting.

Areas in which radiography is being performed must be conspicuously

posted as required by Sec. 20.1902(a) and (b) of this chapter.

Exceptions listed in Sec. 20.1903 of this chapter do not apply to

radiographic operations.

41. A new heading for subpart E, consisting of Secs. 34.61-34.91,

is added to read as follows:

Subpart E--Recordkeeping Requirements

42. Section 34.61 is revised to read as follows:

Sec. 34.61 Records of specific license for radiography.

Each licensee shall maintain a copy of its license, license

conditions, documents incorporated by reference, and amendments to each

of these items until superseded by new documents or until the

Commission terminates the license.

43. Section 34.63 is revised to read as follows:

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 retain each record for 3 years after it

is made.

(b) These records must include the date, the individual making the

record, the radionuclide, number of becquerels (curies), and make,

model, and serial number of each sealed source and device, as

appropriate.

44. Sections 34.65--34.91 are added to subpart E to read as

follows:

Sec. 34.65 Records of radiation survey instruments.

Each licensee shall maintain records of the calibrations of its

radiation survey instruments and retain each record for 3 years after

it is made.

Sec. 34.67 Records of leak testing of sealed sources.

Each licensee shall maintain records of leak test results in units

of becquerels (curies) and retain each record for 3 years after it is

made.

Sec. 34.69 Records of quarterly inventory.

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

and retain each record for 3 years after it is made.

(b) The record must include the quantities and kinds of byproduct

material (including the model number, the serial number and

manufacturer), location of sealed sources, the name of the individual

conducting the inventory, and the date of the inventory.

Sec. 34.71 Utilization logs.

(a) Each licensee shall maintain current utilization logs at the

address specified in the license, showing for each sealed source the

following information:

(1) A description, including the make, model number, and serial

number of the radiographic exposure device 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, storage containers, associated equipment, and source

changers.

(a) Each licensee shall maintain records of defects found in daily

checks and quarterly inspections and maintenance of radiographic

exposure devices, storage containers, associated equipment, and source

changers, and retain each record for 3 years after it is made.

(b) The record must include the date of check, name of inspector,

equipment involved, any defects found, and repairs made.

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 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, certification status verification, copies of

written tests, dates of field examinations, and names of individuals

conducting the field examinations, and

(b) Records of annual safety reviews and annual inspections for

each radiographer and each radiographer's assistant. The records must

list the topics discussed during the annual safety review, the dates

the annual safety review was conducted, and names of the instructors

and attendees. For annual inspections, the records must also include a

list showing the items checked and any regulatory 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.

Each licensee shall maintain the following exposure records:

(a) Daily pocket dosimeter readings and yearly operability checks

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

pocket 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 placing the device in storage in accordance

with Sec. 34.49 (d) and (e) for 3 years after the record is made, if

that survey is the last one performed in the work day.

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 Documents and records required at field stations and

permanent installations.

Each licensee shall maintain copies of the following documents and

records sufficient to demonstrate compliance at the field station and

permanent installation:

(a) A copy of 10 CFR parts 19, 20, and 34;

(b) The license authorizing the use of licensed material;

(c) Operating and emergency procedures required by Sec. 34.45;

(d) Records of radiation survey instrument calibrations required by

Sec. 34.65;

(e) Records of leak test results required by Sec. 34.67;

(f) Quarterly inventory records required by Sec. 34.69;

(g) Utilization records required by Sec. 34.71;

(h) Records of inspection and maintenance required by Sec. 34.73;

(i) For permanent installations, records of alarm system and

entrance control checks required by Sec. 34.75;

(j) Training and certification records required by Sec. 34.79;

(k) Survey records required by Sec. 34.85;

(l) Personnel monitoring records as required by Sec. 34.83; and

(m) Records of receipt and transfer of sealed sources required by

Sec. 34.63.

Sec. 34.91 Documents and records required at temporary jobsites and

use or storage locations exceeding 180 days.

Each licensee conducting operations at a temporary jobsite shall

maintain copies of the following documents and records at the temporary

jobsite until the radiographic operation is completed and at any

storage location where radioactive material is stored for more than 180

days:

(a) The license authorizing the use of licensed material;

(b) Operating and emergency procedures required by Sec. 34.45;

(c) Evidence of latest calibration of the radiation survey

instruments in use at the site required by Sec. 34.65;

(d) Evidence of latest calibrations of alarm ratemeters and

operability checks of pocket dosimeters as required by Sec. 34.83;

(e) Latest survey records required by Sec. 34.85;

(f) The shipping papers for the transportation of radioactive

materials required by Sec. 71.5 of this chapter; and

(g) When operating under reciprocity pursuant to Sec. 150.20 of

this chapter, a copy of the Agreement State license authorizing use of

licensed materials.

45. A new subpart F, consisting of Sec. 34.101, is added to read as

follows:

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, each licensee

shall provide a written report to the U.S. Nuclear Regulatory

Commission, Division of Industrial and Medical Nuclear Safety,

Washington, DC 20555, with a copy to the Director, Office for Analysis

and Evaluation of Operational Data, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, 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) The licensee shall notify the appropriate NRC regional office

in writing 30 days before conducting radiographic operations or storing

radioactive material at any location not listed on the license in

excess of 180 days.

46-47. A new subpart G, consisting of Sec. 34.111, is added to read

as follows:

Subpart G--Exemptions

Sec. 34.111 Applications for exemptions.

The Commission may, upon application of any interested person or

upon its own initiative, grant such exemptions from the requirements of

the regulations in this part as it determines are authorized by law and

will not endanger life or property or the common defense and security

and are otherwise in the public interest.

48-49. A new subpart H, consisting of Secs. 34.121-34.123, is added

to read as follows:

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 sections 161b, 161i, or 161o of the Act. For purposes of

section 223, all the regulations in part 34 are issued under one or

more of sections 161b, 161i, or 161o, except for the sections listed in

paragraph (b) of this section.

(b) The regulations in 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.

50-52. Appendix A is revised to read as follows:

Appendix A to Part 34--Radiographic 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 or non-destructive testing;

2. Make its membership available to the general public

nationwide that is not restricted because of race, color, religion,

sex, age, national origin or handicap;

3. Have a certification program open to nonmembers;

4. Be an incorporated, nationally recognized organization, that

is involved in setting national standards of practice within its

fields of expertise;

5. Have a permanent full-time 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 its

certification program, including the process of becoming certified

and any sanctions imposed against certified individuals; and

11. Have procedures to 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;

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 that individuals:

(a) Receive training in the topics set forth in Sec. 34.34(f) of

this part, 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 section

34.43(f) to this part;

(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 whereby an application or certification

would be considered null and void if the applicant or certified

individual is prohibited from acting as a radiographer by a

regulatory agency at the time of making the application;

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

more than 5 years;

6. Include procedures for renewing the certifications and, if

the procedures allow renewals without examination, require evidence

of recent active full-time employment and annual refresher training;

7. Include procedures whereby an individual's certification may

be revoked, suspended, or restricted for willful or significant

failure to comply with his or her employer's operating or emergency

procedures, or the Commission's or an Agreement State's regulations;

8. Provide for automatic suspension of an individual's

certification, based on Commission or Agreement State action

prohibiting the individual from acting as a radiographer;

9. Provide for sanctions imposed against certified individuals

that are at least as severe as any action taken by the Commission or

an Agreement State; and

10. 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 section 34.43(f) or equivalent Agreement

State requirements;

2. Written in a multiple-choice format;

3. Written at a ninth-grade reading comprehension level;

4. Scientifically-analyzed, before use, to ensure that the

questions are not biased or misleading, and that the examination of

one certifying entity will produce a result equivalent to that of

another certifying entity;

5. Tested by at least 50 individuals before being used in an

actual examination leading to certification of individuals; and

6. Composed of questions randomly selected from a population of

questions that contains ten times as many questions as may be needed

for any one examination, to ensure that it is unlikely that an

examinee would retake the same examination.

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN

AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

53. 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. 2014e(2), 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, 68 Stat. 939 (42 U.S.C. 2152).

Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C.

2282).

54. A new Sec. 150.15b is added to read as follows:

Sec. 150.15b Continued Commission authority pertaining to independent

certifying organizations.

The Commission reserves the authority to establish minimum

standards regarding industrial radiographer certification programs and

independent certifying organizations, as described in part 34 of this

Chapter, and to identify acceptable certifying entities.

55. In Sec. 150.33, paragraph (b) is revised to read as follows:

Sec. 150.33 Criminal penalties.

* * * * *

(b) The regulations in part 150 that are not issued under sections

161b, 161i, or 161o for the purposes of section 223 are as follows:

Secs. 150.1, 150.2, 150.3, 150.4, 150.5, 150.7, 150.8, 150.10, 150.11,

150.15, 150.15a, 150.15b, 150.30, 150.31, 150.32, 150.33.

Dated at Rockville, Maryland, this 17th day of February 1994.

For the Nuclear Regulatory Commission.

Samuel J. Chilk,

Secretary of the Commission.

Appendix A--Initial Regulatory Flexibility Analysis for Revision of 10

CFR Part 34

The Nuclear Regulatory Commission (NRC) is proposing to amend

its regulations governing industrial radiography. The proposed rule

would include additional safety requirements to enhance the level of

protection of radiographers and the public and would clarify the

regulations so that licensees may have a better understanding of

what is expected in radiographic operations. The proposed rule

includes a number of updated radiography regulations that have been

adopted by many Agreement States. The format of the radiography

regulations would be adjusted to place requirements into descriptive

categories.

The radiography industry in the United States consists of

approximately 700 firms, employing about 20,000 individuals, that

perform radioisotope radiography either at fixed locations or at

multiple temporary job sites. Of these firms, approximately 200 are

NRC licensees employing about 3,400 radiographers with an additional

2,000 radiography supervisors and radiographers' assistants. This

estimate is based on 1990 data for the number of individuals

monitored for radiation exposure to comply with 10 CFR Part 20. The

industry uses an estimated 3,500 radiographic exposure devices that

employ either cobalt-60 or iridium-192 radioisotope sources. Roughly

one-quarter of the firms conduct radiography at a single location

and the other three-quarters work at multiple locations generally

referred to as temporary jobsites.

Approximately 90 percent are considered to be ``small entities''

under the criterion established in Section 605(b) of the Regulatory

Flexibility Act of 1980. Most of the radiography licensees are in

the business of non-destructive testing in which radiography

represents only a part of their total income. A few small firms work

only in radiography. Much of the work in the field involves the

inspection of welds in bridges, oil, gas, and other pipelines and in

the steel framework of commercial buildings under construction so

that the success and viability of the industry is closely tied to

the economic health of the country. NRC surveys indicated that 76

percent of NRC radiography licensees had annual receipts of over

$500,000, and most of the remainder had annual receipts exceeding

$250,000.

In accordance with the Regulatory Flexibility Act of 1980 (5

U.S.C. 605 (b)), the Commission believes that this rule may, if

promulgated, have a significant economic impact on a substantial

number of small entities.

The proposed revisions to part 34 are intended to provide

additional safety requirements to enhance the level of protection of

radiographers and the public and to clarify the regulations so that

licensees may have a better understanding of what is expected in

radiographic operations. The proposed rule includes a number of

radiography regulations which have been adopted by the Agreement

States.

The proposed revisions to part 34 can be grouped into major and

minor impacts. Of the five major impacts, the proposed requirement

to have a second qualified individual at temporary jobsites may have

a significant effect on small entities, who would be more likely to

use single-person crews. It should be recognized that under the

current rule many licensees already need to have, at least, two

qualified individuals present at a temporary jobsite to maintain

direct surveillance of radiographic operations so as to protect

against any unauthorized entry into the restricted area. Therefore,

this proposed requirement will only impact those operations where

two individuals are not currently required. It was assumed in the

draft Regulatory Analysis that approximately 25 percent of NRC

licensees who perform radiography at temporary jobsites will need to

hire and train additional staff to meet the proposed requirement.

Other assumptions used in the draft Regulatory Analysis were that

each of these 50 licensees would need to hire 3-4 additional

workers, and that the cost of each assistant is $24,000 per year

including benefits.

The other major impacts include mandatory certification

requirements for radiographers, additional training for

radiographers' assistants, a specific requirement for a Radiation

Safety Officer (RSO) who meets certain training requirements,

requirements for permanent installation alarms, and additional

requirements for alarm ratemeters. The estimated costs for all of

these changes are significantly less than the costs associated with

adopting the two-person rule. The initial costs to certify

radiographers is approximately $4080. The initial costs for each

licensee to provide an additional eight hours of training for

radiographers' assistants is approximately $1,200. The initial costs

to provide the additional training required to meet the proposed RSO

requirements is $3,700 per RSO. The initial costs to install alarms

in permanent installations is estimated to be $3,000. The initial

costs to purchase additional upgraded alarm ratemeters is estimated

to be $1800. The other proposed revisions which are of a minor

nature, would result in initial costs of $700-$800 per licensee.

In addition, the proposed rule includes a reduction in the

number of field inspections to be conducted, from quarterly to

annual. This reduction would lead to an estimated annual savings to

each NRC licensee of approximately $16,000. The proposed rule also

includes a reduction in the frequency for radiation survey

instrument calibrations from 3 months to 6 months. This reduction

would lead to an estimated annual savings to each NRC licensee of

approximately $1400.

Of these changes, the costs to adopt the two-person rule may

have the most impact on a substantial number of ``small entities'';

however, 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 implemented effectively. The potential for a

lowering of the risk of unintended public exposure can be viewed as

a potential cost savings to the industry. This proposed rule does

not duplicate or conflict with other Federal rules. No other

alternative regulatory provisions that would minimize the economic

impact on small entities were considered.

[FR Doc. 94-4133 Filed 2-25-94; 8:45 am]

BILLING CODE 7590-01-P