Unknown. Notification of interpretation, request for comment
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/register/2021/06/01/2021-11436·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2021-06-01.xml --- 86 103 Tuesday, June 1, 2021 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29263-29264 2021-11386 Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 29264-29266 2021-11490 2021-11491 Civil Rights Civil Rights Commission NOTICES Meetings: Missouri Advisory Committee, 29235-29236 2021-11484 Coast Guard Coast Guard RULES Drawbridge Operation Regulation: Three Mile Creek, AL, 29204-29205 2021-11396 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Joint Payment Authorization; and Request for Waiver, 29233-29234 2021-11412 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Determinations, 29236 2021-11438 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pre-Authorized Debit Account Brochure and Application, 29254-29255 2021-11453 Private School Universe Survey 2019-20 and 2021-22, 29254 2021-11439 Employee Benefits Employee Benefits Security Administration NOTICES Meetings:
State All Payer Claims Databases Advisory Committee, 29293-29294 2021-11475 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Erie Area, 29205-29207 2021-11401 Authorization of State Hazardous Waste Management Program Revisions;
Final Correction: California, 29207-29209 2021-11394 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Rescission of Clean Data Determination and Call for Attainment Plan Revision for the Yuma, AZ 1987 PM <sup>10</sup> Moderate Nonattainment Area, 29219-29222 2021-11395 California; Mojave Desert Air Quality Management District, 29227-29229 2021-11525 Maryland; Baltimore Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standards, 29222-29227 2021-11441 Pesticide Petitions:
Residues of Pesticide Chemicals in or on Various Commodities May 2021, 29229-29232 2021-11315 NOTICES Cross-Media Electronic Reporting: Authorized Program Revision Approval, District of Columbia, 29260 2021-11413 Authorized Program Revision Approval, State of Alabama, 29261-29262 2021-11414 Authorized Program Revision Approval, State of North Dakota, 29259 2021-11415 Requests for Nominations: Mobile Sources Technical Review Subcommittee, 29260-29261 2021-11440 Export Import Export-Import Bank NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 29262 2021-11419 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Joint Payment Authorization; and Request for Waiver, 29233-29234 2021-11412 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 29176-29178 2021-11393 Airbus Helicopters Deutschland GmbH
(AHD)Helicopters, 29183-29185 2021-11392 Airbus Helicopters Deutschland GmbH Helicopters, 29187-29189 2021-11391 Airbus SAS Airplanes, 29181-29183 2021-11428 Bombardier, Inc., Airplanes, 29178-29180, 29185-29187 2021-11426 2021-11427 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 29212-29216 2021-11376 Airbus Helicopters Deutschland GmbH Helicopters, 29216-29219 2021-11187 NOTICES Airport Property Release: Tallahassee International Airport, Tallahassee, FL, 29353 2021-11435 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 29255-29257 2021-11468 2021-11471 Environmental Assessments; Availability, etc.: City of Seattle, Washington, 29257-29258 2021-11459 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Blackwell Wind Energy, LLC, 29255 2021-11470 SP Garland Solar Storage, LLC, 29257 2021-11469 SP Tranquillity Solar Storage, LLC, 29258 2021-11472 Records Governing Off-the-Record Communications, 29258-29259 2021-11467 Federal Mediation Federal Mediation and Conciliation Service RULES Recission of Federal Mediation and Conciliation Rule on Administrative Guidance, 29196-29197 2021-11204 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 29263 2021-11482 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 29263 2021-11487 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 29262 2021-11481 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment, 29432-29482 2021-11442 Marine Mammals: Incidental Take During Specified Activities; North Slope, AK, 29364-29429 2021-11496 NOTICES Categorical Exclusion: Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Lake County, FL, 29275-29276 2021-11411 Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Orange County, FL, 29278-29279 2021-11416 Endangered and Threatened Species: Marine Mammals; Issuance of Permits, 29276-29277 2021-11488 Marine Mammals; Receipt of Permit Applications, 29277-29278 2021-11489 Food and Drug Food and Drug Administration NOTICES Guidance: Compliance Policy Guide Sec. 555.400 Aflatoxins in Human Food; Compliance Policy Guide Sec. 570.200 Aflatoxins in Brazil Nuts; Compliance Policy Guide Sec. 570.375 Aflatoxins in Peanuts and Peanut Products; and Compliance Policy Guide Sec. 570.500 Aflatoxins in Pistachio Nuts; Availability, 29267-29268 2021-11388 Foreign Assets Foreign Assets Control Office RULES Burma Sanctions Regulations, 29197-29204 2021-11483 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Permit for Use of Roads, Trails, or Areas Restricted by Regulation or Order, 29234-29235 2021-11430 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Digital Trails Project—Trails Data Portal, 29279-29280 2021-11017 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29268-29269 2021-11420 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Requests for Applications: Data Privacy and Integrity Advisory Committee, 29274-29275 2021-11447 Industry Industry and Security Bureau RULES Addition of Entities, Revision of Entries, and Removal of Entity from the Entity List and Revision of Entry and Removal of Entity from the Military End-User List, 29190-29195 2021-11304 Transfer of Jurisdiction of Certain Technology and Software as a Result of a Vacated March 6, 2020 Injunction: Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List, 29189-29190 2021-11585 NOTICES Order Denying Export Privileges: Behzad Pourghannad, 29236-29237 2021-11431 Interior Interior Department See Fish and Wildlife Service See Geological Survey Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29360 2021-11445 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 29246-29247 2021-11476 Certain Corrosion-Resistant Steel Products from the Republic of Korea, 29237-29239 2021-11387 Certain Steel Nails from the Sultanate of Oman, 29244-29246 2021-11464 Certain Uncoated Paper from Indonesia, 29243-29244 2021-11461 Fine Denier Polyester Staple Fiber from India, 29249-29251 2021-11463 Opportunity to Request Administrative Review, 29240-29243 2021-11462 Steel Grating from the People's Republic of China, 29247-29248 2021-11465 Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal, 29248-29249 2021-11460 Initiation of Five-Year (Sunset) Reviews, 29239-29240 2021-11473 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Potassium Phosphate Salts from China, 29288-29289 2021-11448 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan, 29283-29286 2021-11261 Certain Toner Supply Containers and Components Thereof, 29292-29293 2021-11389 Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, Korea, and the United Kingdom; Institution of Five-Year Reviews, 29286-29288 2021-11267 Magnesium from China, 29280-29283 2021-11249 Tissue Paper from China, 29289-29292 2021-11252 Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mine Safety and health Administration Grant Performance Reports, 29294 2021-11432 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Data Transfer for Vehicle Crash Information, 29354-29359 2021-11499 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 29269-29270 2021-11474 National Heart, Lung, and Blood Institute, 29270 2021-11477 National Institute of Dental and Craniofacial Research, 29270-29271 2021-11478 2021-11495 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2021 Commercial Hook-and-Line Closure for South Atlantic Golden Tilefish, 29209-29210 2021-11492 Fisheries off West Coast States: Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments, 29210-29211 2021-11417 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 29251 2021-11449 Western Pacific Fishery Management Council, 29251-29254 2021-11450 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29294-29295 2021-11493 Nuclear Regulatory Nuclear Regulatory Commission RULES Industrial Radiographic Operations and Training, 29173-29176 2021-11436 NOTICES Direct Transfer of License: ZionSolutions, LLC and Exelon Generation Co., LLC; Zion Nuclear Power Station, Units 1 and 2, 29295-29296 2021-11390 Guidance: Emergency Response Planning and Preparedness for Nuclear Power Reactors, 29297 2021-11434 License Amendment: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 29299-29305 2021-11286 License Transfer: In the Matter of Arizona Public Service Co. Public Service Co. of New Mexico Palo Verde Nuclear Generating Station, Units 1, 2, and 3, and Independent Spent Fuel Storage Installation; Indirect, 29298-29299 2021-11433 Securities Securities and Exchange Commission RULES Market Data Infrastructure, 29195-29196 2021-11282 NOTICES Meetings: Investor Advisory Committee, 29312 2021-11479 Meetings; Sunshine Act, 29311-29312 2021-11598 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 29305-29308, 29312-29314, 29321-29334 2021-11402 2021-11406 2021-11408 Cboe Exchange, Inc., 29334 2021-11404 Fixed Income Clearing Corp., 29334-29348 2021-11407 Nasdaq BX, Inc., 29314-29317 2021-11403 NYSE Arca, Inc., 29308-29311 2021-11409 The Nasdaq Stock Market, LLC, 29317-29321 2021-11405 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29348-29351 2021-11421 State Department State Department RULES International Traffic in Arms Regulations: United States Munitions List Categories; Preliminary Injunction Vacated by a Federal Court of Appeals, 29196 2021-11536 Substance Substance Abuse and Mental Health Services Administration NOTICES List of Certified Laboratories and Instrumented Initial Testing Facilities that Meet Minimum Standards to Engage in Urine Drug Testing, 29271-29272 2021-11486 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements; Availability, etc.: Browns Ferry Nuclear Site Subsequent License Renewal, 29351-29353 2021-11557 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Identification Card, 29272-29273 2021-11455 U.S. Customs Declaration, 29273-29274 2021-11399 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trainee Request for Leave (Chapter 31, Veteran Readiness and Employment), 29360-29361 2021-11397 Requests for Nominations: Advisory Committee on Women Veterans, 29361-29362 2021-11452 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 29364-29429 2021-11496 Part III Interior Department, Fish and Wildlife Service, 29432-29482 2021-11442 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 103 Tuesday, June 1, 2021 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 34 [Docket No. PRM-34-6; NRC-2017-0022; NRC-2008-0173] Industrial Radiographic Operations and Training AGENCY: Nuclear Regulatory Commission. ACTION: Notification of interpretation, request for comment. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)is issuing a notification of interpretation on industrial radiographic operations at temporary radiography jobsites and an Agreement State Compatibility Category change. The interpretation and Compatibility Category change are effective immediately with a 30-day post-promulgation comment period. The NRC is taking this action to respond to a petition for rulemaking from the Organization of Agreement States (OAS). DATES: This interpretation and Compatibility Category change is effective June 1, 2021. Submit comments by July 1, 2021. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. ADDRESSES: You may submit comments by any of the following methods: • *Federal Rulemaking Website:* Go to *https://www.regulations.gov* and search for Docket ID NRC-2017-0022. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: *Dawn.Forder@nrc.gov* . For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *Email comments to: Rulemaking.Comments@nrc.gov.* If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677. • *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. • *Attention:* The Public Document Room (PDR), where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at *PDR.Resource@nrc.gov* or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6244, email: *Gregory.Trussell@nrc.gov* . SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments A. Obtaining Information B. Submitting Comments II. Background III. Interpretation IV. Compatibility of Agreement State Regulations V. Request for Comment VI. Petition Resolution VII. Availability of Documents VIII. Congressional Review Act IX. Conclusion I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket IDs NRC-2017-0022 and NRC-2008-0173 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: • *Federal Rulemaking Website:* Go to *https://www.regulations.gov* and search for Docket IDs NRC-2017-0022 and NRC-2008-0173. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly-available documents online in the ADAMS Public Documents collection at *https://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737, or by email to *pdr.resource@nrc.gov.* For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the “Availability of Documents” section. B. Submitting Comments Please include Docket IDs NRC-2017-0022 and NRC-2008-0173 in your comment submission. When preparing and submitting your comments, see “Tips for Submitting Effective Comments” in the “Availability of Documents” section. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at *https://www.regulations.gov* as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background A. Industrial Radiographic Operations and Training Rulemaking On May 28, 1997, the NRC issued § 34.41(a) of title 10 of the *Code of Federal Regulations* (10 CFR), “Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations,” commonly called “the two-person rule,” which requires a second qualified individual (radiographer or radiographer's assistant) to be present during industrial radiography operations at temporary jobsites. (62 FR 28948). In the preamble for the two-person rule, the NRC stated, “the purpose of the second individual is to provide immediate assistance when required and to prevent unauthorized entry into the restricted area.” (62 FR 28955). The second individual should have “. . . sufficient radiography and safety training to allow him/her to take charge and secure the radioactive material, provide aid where necessary, and prevent access to radiation areas by unauthorized persons.” (62 FR 28955). The NRC has consistently interpreted 10 CFR 34.41(a) to require the second qualified individual to directly observe radiographic operations. B. Integrated Materials Performance Evaluation Program Review The Integrated Materials Performance Evaluation Program (IMPEP) is a review process that evaluates the adequacy and compatibility of each Agreement State and NRC radioactive materials program. In June 2001, during an IMPEP review, the NRC preliminarily identified that implementation of the two-person rule by the State of Texas Department of Health (Texas) was not compatible with the provisions of 10 CFR 34.41(a). 1 Specifically, the NRC concluded that Texas's regulations are not compatible with 10 CFR 34.41(a) because Texas does not require the second individual to “observe” the operations. For example, the second qualified individual is permitted to perform other job-related duties, such as developing radiographic film in a nearby darkroom, during radiographic operations. In such a case, the second person would not be deemed available to observe and provide immediate assistance in the case of an accident or injury. However, the final IMPEP report found that Texas's performance was satisfactory based on additional performance information provided by Texas at that time. The final IMPEP report recommended that the NRC, in coordination with the Agreement States, reconsider how the rule could be implemented. 1 Integrated Materials Performance Evaluation Program Review of Texas Agreement State Program August 27-31, 2001, Final Report, pp. 13-15 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML013530314) (final IMPEP report). The NRC convened a working group with representatives from the OAS in June 2002. 2 The group provided options to an NRC Management Review Board. 3 The Management Review Board recommended that OAS or the State of Texas submit a Petition for Rulemaking
(PRM)to the NRC with a request to reevaluate the two-person rule. The NRC agreed to hold in abeyance compatibility findings for inconsistencies identified during all IMPEP reviews related to the issues in the PRM until the issue is resolved. 2 STP-05-025, Results of the Management Review Board's Consideration of the Working Group's Report on the Re-evaluation of 10 CFR 34.41(a) Commonly Known as the “Two Person Rule.” 3 Final Memo to Management Review Board, Re-evaluation of 10 CFR 34.41(a) Commonly Known as the Two-person Rule (June 18, 2004) (ADAMS Accession No. ML041700450). C. Petition for Rulemaking On November 3, 2005, the OAS submitted a PRM requesting the NRC to amend its regulations in 10 CFR 34.41(a), 34.43(a), and 34.51 related to industrial radiographic operations to:
(1)Require that an individual receive a specific amount of radiation safety training before using sources of radiation for industrial radiography;
(2)clarify the requirements related to the responsibilities of the second individual that is required to be present during radiographic operations; and
(3)clarify how many individuals are required to meet visual surveillance requirements during radiographic operations. The petitioner also requested that NUREG-1556, Volume 2, “Program-Specific Guidance about Industrial Radiography Licenses,” 4 be revised to reflect the proposed amendments. The petitioner asserted that the NRC's interpretation of the two-person rule added unnecessary cost to the industry because the second qualified individual is unavailable to perform other job-related duties such as developing radiographic film in a darkroom. The petitioner requested the NRC delete from the two-person rule the sentence, “[t]he additional qualified individual shall observe the operation and be capable of providing immediate assistance to prevent unauthorized entry.” The petitioner posited that in a temporary jobsite situation in which the crew consists of two qualified radiographers, and the surveillance requirement of 10 CFR 34.51 can be met, that the second individual should be considered available to provide immediate assistance even if the second qualified individual is engaged in job-related duties other than observation of radiographic operations. The petitioner also argued that one of the primary factors identified as a root cause of many industrial radiography overexposures was lack of radiation safety training. 4 NUREG-1556, Volume 2, “Program-Specific Guidance About Industrial Radiography Licenses,” has been revised since the PRM was received. The August 1998 version referenced by the PRM is available at ADAMS Accession No. ML010370172. The current version, Revision 1, published in February 2016, is available at ADAMS Accession No. ML16062A091. The PRM's request for revision continues to be relevant to the current revision. The NRC reviewed the petition and determined that the issues and concerns raised in the petition merited further NRC consideration and inclusion in a future rulemaking (73 FR 27771). Because the rulemaking activity did not raise an immediate safety, environmental, or security concern, it was rated a medium priority. Resources were applied to this rulemaking in fiscal year 2018. III. Interpretation The NRC has previously interpreted § 34.41(a) to require both the radiographer and the second qualified individual to maintain direct observation when radiographic operations are being conducted at a temporary jobsite. 5 This interpretation has been demonstrated, through operating experience, to be unnecessary to protect public health and safety. The NRC is now reinterpreting that requirement. 5 See NUREG-1556, Volume 2. The regulation uses the term “observe” rather than “directly observe,” and also requires that the second qualified individual “be capable of providing immediate assistance to prevent unauthorized entry.” The NRC's interpretation has been that direct observation is required to ensure the second individual can provide immediate assistance. The two-person rule is intended to ensure that the second individual is able “. . . to take charge and secure the radioactive material, provide aid where necessary, and prevent access to radiation areas by unauthorized persons.” To achieve that purpose, the word “observe” is used to ensure that the second individual can determine when it is necessary to take charge or help the radiographer and prevent unauthorized entry. Therefore, the NRC now interprets § 34.41 such that the requirements contained in the sentence, “[t]he additional qualified individual shall observe the operation and be capable of providing immediate assistance to prevent unauthorized entry” are met if the second qualified individual is in sufficiently close proximity to the operation and sufficiently aware of the ongoing activities to be able to provide assistance or take charge when necessary and to prevent unauthorized entry. The second individual may perform other tasks nearby so long as they are cognizant of the site-specific circumstances when radiographic operations are in progress. The second individual could, for example, use remote video surveillance to maintain awareness of ongoing radiographic operations from a nearby darkroom. This interpretation does not affect the NRC's existing guidance for temporary jobsites that have multiple access points. As explained in NUREG-1556, Volume 2, Revision 1, licensees may need two or more individuals present to prevent unauthorized entry at temporary jobsites at facilities with multiple levels and multiple access points, or where members of the public are close to the radiographic operations. IV. Compatibility of Agreement State Regulations The NRC is not requiring Agreement States to revise their interpretations of § 34.41. As such, and as described below, the NRC hereby changes the compatibility category of § 34.41 from B to C. Under the “Agreement State Program Policy Statement” approved by the Commission on October 2, 2017, and published in the **Federal Register** on October 18, 2017 (82 FR 48535), NRC program elements (including regulations) are placed into compatibility categories A, B, C, D, NRC, or adequacy category Health and Safety (H&S). Compatibility Category A program elements are those program elements that are basic radiation protection standards and scientific terms and definitions that are necessary to understand radiation protection concepts. An Agreement State should adopt Category A program elements in an essentially identical manner in order to provide uniformity in the regulation of agreement material on a nationwide basis. Compatibility Category B program elements are those program elements that apply to activities that have direct and significant effects in multiple jurisdictions. An Agreement State should adopt Category B program elements in an essentially identical manner. Compatibility Category C program elements are those program elements that do not meet the criteria of Category A or B, but contain the essential objectives that an Agreement State should adopt to avoid conflict, duplication, gaps, or other conditions that would jeopardize an orderly pattern in the regulation of agreement material on a national basis. An Agreement State should adopt the essential objectives of the Category C program elements. Compatibility Category D program elements are those program elements that do not meet any of the criteria of Category A, B, or C and, therefore, do not need to be adopted by Agreement States for purposes of compatibility. Compatibility Category NRC program elements are those program elements that address areas of regulation that cannot be relinquished to the Agreement States under the Atomic Energy Act of 1954, as amended, or provisions of 10 CFR. These program elements should not be adopted by the Agreement States. Adequacy Category H&S program elements are program elements that are required because of a particular health and safety role in the regulation of agreement material within the State and should be adopted in a manner that embodies the essential objectives of the NRC program. The NRC is changing the compatibility category designation for § 34.41(a) from B to C. Instead of requiring Agreement States to adopt this regulation in an essentially identical manner, they would now be able to implement regulations that are more restrictive than the NRC requirements, provided that the essential objective is met, and the State requirements do not jeopardize an orderly pattern of regulation of agreement material on a nationwide basis. The NRC, with the benefit of over 20 years of experience with Agreement States' implementing differing interpretations of the two-person rule, has determined that essentially identical implementation is not necessary to provide an orderly pattern of regulation. Despite differences in implementation of the two-person rule, the NRC is not aware of any cross-jurisdictional boundary issues for the National Materials Program. Therefore, § 34.41(a) is hereby redesignated Compatibility Category C. The essential objective of § 34.41(a) is to have a second qualified individual maintain awareness of the radiographic operations, maintain direct communications with the radiographer, and be capable of providing immediate assistance to the radiographer or taking charge when necessary, and to prevent unauthorized entry into a restricted area. To meet the essential objective of Compatibility Category C, the Agreement State may either adopt the NRC's position or may continue to require direct observation of radiographic operations by the second qualified individual at temporary jobsites. Agreement States may also adopt other more restrictive requirements. V. Request for Comment The NRC is requesting comments on this interpretation and the change from Compatibility Category B to C for the surveillance requirements in § 34.41(a). The NRC will publish a document in the **Federal Register** containing an evaluation of the significant comments and any revisions to this interpretation made as a result of the comments and their evaluation. VI. Petition Resolution The NRC will evaluate comments received on this notification of interpretation to determine if the petition issues related to the two-person rule in PRM-34-6 are resolved. This notification of interpretation makes § 34.41(a) consistent with the requirement of § 34.51 that at least one of the two individuals present at a temporary jobsite “maintain direct observation of the operation.” In addition, the NRC has reviewed the petition regarding training requirements and has concluded, based on associated operational experience since 1997, that current requirements in § 34.43(c) are sufficient to ensure safe radiographic operations. Specifically, the second qualified individual is required to receive equipment training on radiographic devices, sources, associated equipment, radiation survey equipment and the daily inspection requirements on the equipment. The training requirements in 10 CFR part 34 prepare individuals conducting radiographic operations with sufficient knowledge and understanding of the regulations and safety requirements and familiarity with the equipment that they will use in the performance of their work. Based on this review, the NRC has preliminarily concluded that rulemaking to amend its requirements for Industrial Radiographic Operations and Training is no longer necessary and, therefore, is proposing discontinuing the rulemaking activity. The NRC intends to develop an addendum to the current version of NUREG-1556, Volume 2, Revision 1, “Program-Specific Guidance About Industrial Radiography Licenses” and to revise Inspection Procedure 87121, “Industrial Radiography Programs” to address the interpretation of the surveillance requirements. VII. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. Document Date Adams accession No. or Federal Register citation Tips for Submitting Effective Comments January 16, 2020 ML20014E720 Petition from OAS PRM-34-6 November 3, 2005 ML053190112 “Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations,” commonly known as the “Two-Person Rule” May 28, 1997 62 FR 28948 Final Memo to MRB re: Re-evaluation of 10 CFR 34.41(a), commonly known as the “Two-Person Rule,” group report to MRB June 18, 2004 ML041700450 Organization of Agreement States, Inc., Consideration of Petition in Rulemaking Process May 14, 2008 73 FR 27771 NUREG-1556, Volume 2, “Program-Specific Guidance about Industrial Radiography Licenses” August 1998 ML010370172 NUREG-1556, Volume 2, Revision 1, “Program-Specific Guidance about Industrial Radiography Licenses” February 2016 ML16062A091 Inspection Procedure 87121, “Industrial Radiography Programs” September 5, 2014 ML14239A234 VIII. Congressional Review Act This notification of interpretation is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. IX. Conclusion The requirement of § 34.41(a) is met if the additional qualified individual is in sufficiently close proximity to the operation and sufficiently aware of the ongoing activities to be able to provide assistance or take charge when necessary and to prevent unauthorized entry. In addition, the compatibility category for § 34.41(a) is changed to Category C. This notification of interpretation addresses the issues identified in PRM-34-6 regarding the two-person rule. Therefore, the NRC has preliminarily concluded that rulemaking is no longer necessary and is proposing discontinuing the rulemaking activity initiated in response to PRM-34-6. In addition, the NRC has concluded that the training requirements for the second qualified individual in § 34.43(c) are sufficient to ensure safe radiographic operations. The NRC's review of operational experience since 1997 shows that the NRC's training requirements for the second qualified individual, either a radiographer's assistant or radiographer, are adequate to protect public health and safety. Therefore, the NRC proposes denying PRM-34-6. Dated at Rockville, Maryland, this 26th day of May 2021. For the Nuclear Regulatory Commission. Wesley W. Held, Acting Secretary of the Commission. [FR Doc. 2021-11436 Filed 5-28-21; 8:45 am]
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