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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
28948. In the preamble for the twoperson 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 34.41a to require the second qualified individual to directly observe radiographic operations.

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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 34.41a.1
Specifically, the NRC concluded that Texass regulations are not compatible with 10 CFR 34.41a 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 Texass 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.
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
1 Integrated Materials Performance Evaluation Program Review of Texas Agreement State Program August 2731, 2001, Final Report, pp. 1315
Agencywide Documents Access and Management System ADAMS Accession No. ML013530314
final IMPEP report.
2 STP05025, Results of the Management Review Boards Consideration of the Working Groups Report on the Re-evaluation of 10 CFR 34.41a Commonly Known as the Two Person Rule.
3 Final Memo to Management Review Board, Reevaluation of 10 CFR 34.41a Commonly Known as
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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.
C. Petition for Rulemaking On November 3, 2005, the OAS
submitted a PRM requesting the NRC to amend its regulations in 10 CFR
34.41a, 34.43a, 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 NRCs 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, the 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 jobrelated 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 the Two-person Rule June 18, 2004 ADAMS
Accession No. ML041700450.
4 NUREG1556, 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 PRMs request for revision continues to be relevant to the current revision.

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overexposures was lack of radiation safety training.
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 34.41a 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.
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 NRCs 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, the 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 5 See
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NUREG1556, Volume 2.

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