Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. This section establishes
requirements for the use of industrial radiation machines not otherwise covered
by this chapter. For purposes of this section, industrial radiation machines
include, but are not limited to, portable/handheld fluorescence x-ray (open
beam), fluoroscopy hand held intensified, fluoroscopy x-ray, industrial
accelerator, spectrography x-ray, flash x-ray, flash x-ray for bomb detection,
educational facility (x-ray for non-human or not live animal use), diffraction
x-ray, uncertified cabinet x-ray, and minimal threat radiation
machines.
(b) Scope.
(1) The requirements of this section are in
addition to and not in substitution for other applicable requirements of this
chapter.
(2) In addition to the
requirements of this section, all registrants, unless otherwise specified, are
subject to the requirements of §
289.203
of this title (relating to Notices, Instructions, and Reports to Workers;
Inspections), §
289.204
of this title (relating to Fees for Certificates of Registration, Radioactive
Material Licenses, Emergency Planning and Implementation, and Other Regulatory
Services), §
289.205
of this title (relating to Hearing and Enforcement Procedures), §
289.226
of this title (relating to Registration of Radiation Machine Use and Services),
and §
289.231
of this title (relating to General Provisions and Standards for Protection
Against Machine-Produced Radiation).
(3) Radiation safety requirements and
registration procedures for industrial radiography are specified in §
289.255
of this title (relating to Radiation Safety Requirements and Licensing and
Registration Procedures for Industrial Radiography).
(c) Definitions. The following words and
terms, when used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1)
Fail-safe characteristics--Design features that cause beam port shutters to
close, or otherwise prevent emergence of the primary beam, upon the failure of
a safety or warning device.
(2)
Local components--Parts of an x-ray system that include areas that are struck
by x rays, such as radiation source housings, port and shutter assemblies,
collimators, sample holders, cameras, goniometers, detectors, and shielding,
but do not include power supplies, transformers, amplifiers, readout devices,
and control panels.
(3) Minimal
threat radiation machines--Minimal threat radiation machines include, but are
not limited to, fluorescence x-ray (closed beam), gauges x-ray, certified
cabinet x-ray, package x-ray, electron beam welding, particle size analyzer,
ion-implant, and cathodoluminescence. In addition, minimal threat radiation
machines are those radiation machines capable of generating or emitting fields
of radiation that, during the operation of which:
(A) no deliberate exposure of an individual
occurs;
(B) the radiation is not
emitted in an open beam configuration; and
(C) no known physical injury to an individual
has occurred.
(4)
Open-beam configuration--A radiation machine in which an individual could
accidently place some part of his/her body in the primary beam path during
normal operation.
(5) Primary
beam--Ionizing radiation that passes through an aperture of the source housing
by a direct path from the x-ray tube located in the radiation source
housing.
(6) Safety device--A
device that prevents the entry of any portion of an individual's body into the
primary x-ray beam path or that causes the beam to be shut off upon entry into
its path.
(7) X-ray system--A group
of components utilizing x rays to determine the elemental composition or to
examine the microstructure of materials.
(d) Exemptions.
(1) Uses of minimal threat radiation machines
as specified in §
289.231(ll)(3)
of this title, are exempt from the requirements of subsections (e)(2)(B) and
(C), (f)(3), and (g)(1) of this section.
(2) Uses of certified and certifiable cabinet
x-ray systems are exempt from the requirements of subsection (f)(1) and (2) of
this section. This exemption will apply only to those radiation machines that
do not allow a person or body part to be exposed to the radiation
beam.
(3) Uses of portable/handheld
fluorescence x-ray (open beam) devices that are manufactured without safety
devices are exempt from the requirements of subsection (e)(1)(A) of this
section.
(e) Equipment
requirements.
(1) Safety devices.
(A) A safety device shall be provided on all
open-beam configurations.
(B) A
registrant may apply to the agency for an exemption from the requirement of a
safety device in accordance with §
289.231
of this title. Any such request shall include:
(i) a description of the various safety
devices that have been evaluated;
(ii) the reason each of these devices cannot
be used; and
(iii) a description of
the alternative methods that will be employed to minimize the possibility of an
accidental exposure, including procedures to assure that operators and others
in the area will be informed of the absence of safety devices.
(2) Warning devices.
(A) Open-beam configurations shall be
provided with a visible indication of:
(i)
x-ray tube status (ON-OFF) located near the radiation source housing, if the
primary beam is controlled in this manner; and/or
(ii) shutter status (OPEN-CLOSED) located
near each port on the radiation source housing, if the primary beam is
controlled in this manner.
(B) The x-ray control shall provide visual
indication whenever x rays are produced.
(C) Warning devices shall be labeled so that
their purpose is easily identified and shall have fail-safe
characteristics.
(3)
Ports. Unused ports on radiation machine source housings shall be secured in
the closed position in a manner that will prevent inadvertent
opening.
(4) Labeling. Each
registrant shall ensure that each radiation machine is labeled in a conspicuous
manner to caution individuals that radiation is produced when it is energized.
This label shall be affixed in a clearly visible location on the face of the
control unit. If the radiation machine is not visible from the control unit,
the radiation machine shall have a visible indication that it is
energized.
(5) Shutters. On
open-beam configurations, each port on the radiation source housing shall be
equipped with a shutter that cannot be opened unless a collimator or a coupling
has been connected to the port.
(6)
Radiation source housing. Each x-ray tube housing shall be equipped with an
interlock that shuts off the tube if it is removed from the radiation source
housing or if the housing is disassembled.
(7) Generator cabinet. Each x-ray generator
shall be supplied with a protective cabinet that limits leakage radiation
measured at a distance of 5 centimeters from its surface such that it is not
capable of producing a dose in excess of 0.5 millirem (5.0 microsieverts
(µSv)) in any one hour.
(8)
Certified and certifiable cabinet x-ray systems. Certified and certifiable
cabinet x-ray systems, including those designed to allow admittance of
individuals, shall:
(A) be maintained in
compliance with Title 21, Code of Federal Regulations (CFR), §1020.40 and
no modification shall be made to the system unless prior agency approval has
been granted in accordance with §
289.231(d)
of this title; and
(B) comply with
the following requirements.
(i) No registrant
shall permit any individual to operate a cabinet x-ray system until the
individual has received a copy of and instruction in the operating procedures
for the unit.
(ii) Tests for proper
operation of interlocks shall be conducted and recorded at intervals not to
exceed 12 months.
(iii) The
registrant shall perform an evaluation to determinate compliance with
§289.231(o)(1) - (3) of this title and Title 21, CFR, §1020.40 at
intervals not to exceed one year. The registrant shall ensure that radiation
emitted 5 centimeters from the external surface of the cabinet x-ray system
does not exceed 0.5 millirem (5.0 µSv) in any one hour.
(iv) Documentation of the requirements in
clauses (i) - (iii) of this subparagraph shall be maintained by the registrant
for 10 years for inspection by the agency.
(9) Package x-ray systems.
(A) The registrant shall perform an annual
evaluation to ensure radiation emitted 5 centimeters from the external surface
of the package x-ray system does not exceed 0.5 millirem (5.0 µSv) in any
one hour.
(B) Tests for proper
operation of interlocks shall be conducted and recorded at intervals not to
exceed 12 months.
(C) Documentation
of the requirements in subparagraphs (A) and (B) of this paragraph shall be
maintained by the registrant for 10 years for inspection by the
agency.
(f)
Area requirements.
(1) Radiation levels. The
local components of an x-ray system shall be located and arranged and shall
include sufficient shielding or access control such that no radiation levels
exist in any area surrounding the local component group that could result in a
dose to an individual present in the area in excess of the dose limits
specified in §
289.231
of this title.
(2) Surveys.
(A) Radiation surveys, as required by §
289.231
of this title, of all radiation machines and x-ray systems sufficient to show
compliance with paragraph (1) of this subsection shall be performed:
(i) upon installation of the
equipment;
(ii) following any
change in the initial arrangement, number, or type of local components in the
system;
(iii) following any
maintenance requiring the disassembly or removal of a local component in the
system;
(iv) during the performance
of maintenance and alignment procedures if the procedures require the presence
of a primary x-ray beam when any local component in the system is disassembled
or removed;
(v) any time a visual
inspection of the local components in the system reveals an abnormal condition;
or
(vi) whenever individual
monitoring devices show a significant increase over the previous monitoring
period or the readings are approaching the radiation dose limits.
(B) Radiation survey measurements
shall not be required if a registrant can demonstrate, to the satisfaction of
the agency, compliance with paragraph (1) of this subsection in some other
manner.
(3) Posting.
Each area or room containing radiation machines shall be conspicuously posted
with a sign or signs bearing the radiation symbol and the words "CAUTION -
X-RAY EQUIPMENT," or words having a similar intent.
(g) Operating requirements.
(1) Procedures. Operating and safety
procedures shall be written and made available to all radiation machine
operators. No person shall be permitted to operate radiation machines in any
manner other than that specified in the procedures unless that person has
obtained written approval of the radiation safety officer.
(2) Bypassing. No person shall bypass a
safety device unless that person has obtained the approval of the radiation
safety officer. When a safety device has been bypassed, a visible sign bearing
the words "SAFETY DEVICE NOT WORKING," or words having a similar intent, shall
be placed on the radiation source housing.
(3) Repair or modification of radiation
machines. Except as specified in paragraph (2) of this subsection, no operation
involving removal of covers, shielding materials, or tube housings, or
modifications to shutters, collimators, or beam stops shall be performed
without ensuring that the tube is off and will remain off until safe conditions
have been restored. The main switch, rather than interlocks, shall be used for
routine shutdown in preparation for repairs.
(h) Personnel requirements.
(1) Instructions. No person shall be
permitted to operate or maintain radiation machines unless such person has
received instruction in and demonstrated competence in the following:
(A) identification of radiation hazards
associated with the use of the radiation machine;
(B) radiation warning and safety devices
incorporated into the radiation machine, or the reasons they have not been
installed on certain pieces of equipment and the extra precautions required in
such cases;
(C) operating and
safety procedures for the radiation machine; and
(D) proper procedures for reporting an actual
or suspected exposure in excess of the limits specified in §
289.231
of this title.
(2)
Instructions for bomb detection radiation machines. All personnel operating
bomb detection radiation machines shall be trained in the set-up and operation
of the radiation machine and in establishing a restricted area.
(3) Individual monitoring. In addition to the
requirements of §
289.231(n)(1)(A)
of this title, finger dosimetric devices shall be provided to and shall be used
by:
(A) radiation machine workers using
systems having an open-beam configuration and not equipped with a safety
device; and
(B) personnel
maintaining radiation machines if the maintenance procedures require the
presence of a primary x-ray beam when any local component in the x-ray system
is disassembled or removed.
(4) Records and documentation. Documentation
of the requirements in paragraphs (1) - (3) of this subsection shall be
maintained by the registrant for 10 years for inspection by the agency. In
addition to complying with the requirements of this paragraph, records of
individual monitoring results shall be maintained by the registrant in
accordance with §
289.231(dd)
of this title.