ML19336D610

Forwards Generic Ltr Re Federal Legislation That May Affect Addressees Re fitness-for-duty Issues.Describes Briefly Recent Rule Change to Part 2,App C & 10CFR55.No Licensee Response Necessary

ML19336D610
Person / Time
Issue date:	09/30/1991
From:	Partlow J Office of Nuclear Reactor Regulation
To:	Office of Nuclear Reactor Regulation
References
GL-91-16, NUDOCS 9110160291
Download: ML19336D610 (3)

Text

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i September 30, 1991 MEMORANDUM FOR:

All Project fianagers FROM:

James G. Partlow, Associate Director for Projects j

Office of Nuclear Reactor Regulation j

SUBJECT:

GENERIC LETTER 91 16 The enclosed generic letter (GL) describes Federal legislation that may affect addressees regarding fitness-for-duty issues and describes briefly the I

recent rule cnenge to Part 2, Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," and Part 55, " Operators' Licenses," of 1

Title 10 of the Code of Federal Regulations (10 CFR Part 55). cThis GL does not require any specific response from licensees.

Original signed by:

James G. Partlow, Associate Director for Projects Office of Nuclear Reactor Regulation-

Enclosure:

As stated i

cc:

J. Sniezek, ED0 F. Miraglia, NRR Division Directors, NRR i

Associate Directors, NRR Project Directors, NRR Regional Administrators RM {0 EK0H C]['E= r's J. Conran, CRGR C. Berlinger, DOEA 1

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f September 30, 1991 MEMORANDUM FOR:

All Project Managers FROM:

James G. Partlow, Associate Director for Projects Office of Nuclear Reactor Regulation

SUBJECT:

GENERIC LETTER 91 16 The anclosed generic letter (GL) describes Federal legislation that may affect addressees regarding fitness-for-duty issues and describes briefly the recent rule change to Part 2, Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," and Part 55, " Operators' Licenses," of Title 10 of the Code of Federal Pegulations (10 CFR Part 55). This GL does not require any specific response from licensees.

Original signed by:

James G. Pa tiow, Associate Director for Projects Office of Nuclear Reactor Regulation

Enclosure:

As stated cc:

J. Sniezek, EDO F. Miraglia, NRR Division Directors, IIRR Associate Directors, NRR Project Directors, NRR Regional Administrators J. Conran, CRGR C. Berlinger, DOEA S. Treby, OGC

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CLB RF JGPartlow LEettenhausen, RI Central Files FJMiraglia WMullinix RConte, RI NRC PPR WTRussell NKHunemuller PEselgroth, RI C0 Thomas JURoe DJLange TPeebles, RII WMDean RMGalle TLSzymanski CCasto, RII LLawyer, RII TBurdick, RII MJordan, PsIII JPellet MBoyle, RIV JJaudon, RIV LMiller, RV DKirsch, RV

• SEE PREVIOUS PAGE FOR CONCURRENCE ELeeds gp OLB:DLPQ OLB:DLPQ OLB:DLPQ DD)R:DLJP, TP:D ADT:NRR NKHunemuller DJLange RMGallo gD3M 6.s

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UNITED STATES E

NUCLEAR REGULATORY COMMISSION

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September 30, 1991 MEMORAllDUM FOR:

All Project Managers j

FROM:

James G. Partlow, Associate Director 1

for Projects

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Office cf Nuclear Re', tor Regulation j

SUBJECT:

GENERIC LETTER 91-16 l

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The. enclosed generic letter (GL) describes Federal legislation that may.

affect addressees regardirg fitness-for-duty vssues and describes briefly. the recent rule change to Part 2, Appendix C, Gereral Statement of Policy and i

Frccedure for NRC Enforcement Actions," and Part 55, " Operators' Licenses," of i

Title 10 of the Code of Federal P.egulations (10 CFR Part 55). This GL does not require any specific respons* from licensees.

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Jame ; G. Partlow, Associate Director for Projects Office of liuclear Reactor Regulation

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Er. closure:

As stated cc:

J. Snic et, EDO F. 1;iraglia, ItRR Division Directors, III Associate Directors, HRR Project Directors, URR Regional Administrators J. Conten, CRGR C. Berlinger. PCEA S. Trety, OGC

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ALL HOLDERS OF OPEPATING LICENSES OR CONSTRUCTION PERMITS FOR l

NUCLEAR POWER AND NON-POWER REACTORS AED ALL LICENSED OPERATORS l

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SUBJECT-LICENSED OPEr iTORS' Af;D OTHER NUCLEAR FACILITY PERSONNEL FITNESS FOR DUTY (GENERIC LETTER 91-16)

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The U.S. Nuclear Regulatory Commission (NRC) is issuing this generic letter to describe Federal legislation that may affect addressees regarding fitness-for-duty issues and to describe briefly the recent rule change to Part 2, Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," anc Part 55, " Operators' Licenses," of Title 10 of the Code of Federal Regulations (10 CFR Part 55). Enclosure 1 is a copy of the F_ed_e_ra_1_

Recis_ter notice of this rule change.

On November 18, 1988, the U. S. Congress, in the Anti-Drug Abuse Act of 1988

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(Public Law 100-690), established a national policy of a drug-free America by 1995. Section 5301 of the Anti-Drug Abuse Act provides that persons convicted of possession or distribution of controlled substances may be declared by a sentencing court to be ineligible for Federal benefits. A " Federal benefit" J

is defined in the Anti-Drug Abuse Act to include any professional or commercial license provided by an agency of the United States or with appropriated funds of the United States. Thus, all individuals who conduct licensed activities authorized by an NRC license and all licensed operators and senior operators should know that, in accordance with the Anti-Drug Abuse Act, a cenviction for possession or distribution of a controlled substance may result in the 1 css of eligibility for an NRC license, denial or revocation of an NRC license, or removal from NRC-licensed activities.

On June 7,1989 (54 FR 24468), the NRC issued a new 10 CFR Part 26, " Fitness-for-Duty Frograms," to require each licensee authorized to construct er 1

operate a nuclear power reactor to implement a fitness-for-duty program.

A fitness-for-duty program, developed under the requirements of this rule, should create a work environment that is free of drugs, alcohol, and the effects of the use of these substances.

On July 15, 1991 (56 FR 22066), the NRC amended 10 CFR Parts 2 and 55, j

l effective August 14, 1991, to specify that the conditions and cutoff levels i

established in accordance with 10 CFP, Part 26 apply directly to licensed operators and senior operators at nuclear power plants and non-power reactor facilities as conditions of their licenses. These amendments did not impose the provisions of 10 CFR Part 26 upon non-power facility licensees. However, this rule change made it clear that all licensed operators and senior operators j

will be subject to notices of violation, civil penalties, or orders for violation of their facility licensees' fitness-for-duty requirements.

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Generic Letter 91-16 October 3,1991 Drug and altchol abuse is a social, medical, and safety problem affecting every segment of our society. The NRC recognizes that such abuse may also exist among licensed operators, senior operators, and others who work at nuclear reactors. The Comission believes all f acility licensees should mar. age licensed activities so as to provide reasonable assurance that nuclear reactor personnel will perform their tasks in a reliable and trustwcrthy manner, and not be under the influence of alcohol or any prescription, over-the-counter, or illegal substance that in any way affects their ability to safely and competently perform their duties.

Individuals should also know that, even if a conviction for possession or distribution of a controlled substance dces not result in a declaration of ineligibility for Federal benefits by the sentencing cou.t, the NRC may, in accordance with its independent responsibility te protect the public health and safety and the comr..on defense and security, act en its own to deny, revoke, suspend, or modify a license or remove an individual from licensed activities, epen such conviction. NRC sanctions for licensed operators in response tc positive drug tests are described in 10 CFR Parts 2 and 55.

This generic letter requires no specific action or written response.

If you have any questions about the information in this letter, please call one of the technical or lecal contacts listed below or the appropriate regional office.

Sincerely,

\\nu:8 Jam s G. Partlow, Associate Director fo Projects Office of Nuclear Reactor Regulation Enclosuree-

1. Federal F.egister notice 10 CFR Parts 2 and 55 (copy)

2. List of Recently Issued Generic Letters Technical Contacts:

f:. K. Hunemuller, NRR (10 CFR Part 55)

(301) 492-3173 L. L. Bush, Jr., NRR (10 CFR Part 26) l (301)492-0944 Legal

Contact:

R. L. Fonner, OGC (301) 492-1643

320E6 Federal Registee / Vol 56. No.135 / Monday, J.ly 15. 1991 / Rules cnd Reguhtions compiled by the Department, we have requirements under the paperwork environment for the performance of all determined that this rule will have an Reduction Act of 19e0 (44 U.S.C. 3501 et licensed actrvities by providmg a clear effect on the economy of less than $100 seq.).

rnilliorc will not cause a major incesse understandang bo lioecsed operators of in costs or prices for conruirers.

gg g the severity of violating requirements 1

goverrung drug and alcohol use and i

individual industries. Federal State. or his program / activity is listed in the substance abuse.

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local government agencies, or Catalog of Federal Doc:estic Amststance a n scT1vt matt: August 14.1991.

geograph!c regions; and will not cause a under No.10.025 and is subject to sigmficant adverse effect on Executive Order 12372, which reqdres Pon rusetseta meromataTION COtr7aCT:

competition. employrnent, ins estment.

Intergovernmental consultation with Robert M. Callo. Chief. Operator j

productivity, innovation or on the State and local ofLcials. (See 7 CFR part Licensing Branch. Office of Nuclear

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ability of United States-based 3015. subpart V.)

Reactor Regulation. U.S. Nuclear j l enterptsses to compete with foreig.3 Regulatory Commission. Washington.

4 based enterprises in domestic or export UM'Ct* in Part 78 DC 20555. Telephone: (301) 492-1031.

markets.

AnimalLuaw Brucellosis. Cattle.

suppcsantstramy esponataTION-For this action. the Office of Hogs, Quarantine. Transportation.

Management and Bud et has waised the

Background

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F review process required by Executive PART 78-8RtJCE1LOSf5

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, j Order 12291.

On June 7,'1989154 FR 24468). the NRC ll Cattle moved interstate are moved for Accordingly, we are adopting as a issued a new 10 CFR part 26. entitled slanghter. for use as breeding stock, o' final rule, without change, the interim

" Fitness-for-Duty Programs." to require Il j

for feedste Changing the status of rule amending 9 CFR 78 41 (b) and (c) licensees authorized to construct or t i Oilahoma from Class B to Class A that was published at 56 FR 1375G-13751 operate rauclear power reactors to I

redome certain testing and other on April 4,1991.

implement a fitness-for-duty program.

requirements governing the interstate Authortry:21. USC 111-114e-1.114g,115.

he general objective of th:s program is I

movesasat of cattle from Oklahosra 117.1 1

tan 134b. tMf. 7 CF1t 117 to provide reasonable assurance that However. cattle from certified gg r

brucellosie. free herds moving interstate in washington. DC this 9th day of perform their taska in a reliable and I

trustworthy manner. and not under the en not affected by this change.

I4 idim of any prescrip'im overb The principal gmup a!Itcted wiH be Jame w.Gosser.

i the owners of noncertified herds in A&nmirector. Amrnoland/WnrHeoMr g

Oklahma not known to be affected h8Pechon Service-way adversely affects their abihty to J

with bruceDosis who seek to sell cattle.

(rK Doc. F1-lera? Mied 7-1341; e,85 an-)

safely and competently perform their There are an estirnated 62.000 herda in duties. A fitness-for-dcty program.

suase cone s.'"*"'

Oklahoma that codd po<entiaUy be de.veloped. under the requirements of eIIected by this rule change. We this rule. as intended to create a work j

satimate that 99 percent of these herds NUCLEAR RE00ULTDRY

[e drugs a d are owned by small entit2es. During COMMISS40N fiscal year 1990. Oklahoma tested these adstances.

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294.213 eligible cattle at livestock 10 CFR Parta 2 and 55 On April 17.1990(55 FR 14N.R) the markets..We estimate that NRC published in the Federal Register 31 5

spproximately15 percent of this testing proposed amendments fo to CFR part 55 i

was done to quahfy cattle for interstate Operators' h to specify that the conditions and cutoff I

movement for purposes other than levels established in 10 CFR part 2fL s12ughter.Terung costs approximate}y Actsect:Naclear Regulatory

• Htness-for-Duty Programs." are 83.50 per bea d. Smce herd sizes vary.

Cocunission.

applicable solicensed operators as a i

Izrger herds will accumulate more Actioec Final rule.

condition of their licerraes.These savings than smaller herds. Also.not aD amendments also provide a bests for herd owners will choose to market their aussesAsty:The Nuclear Reguletory taking enforcement action against cattle in a way that r cerues these costs Commission (NRC)in amendag its licensed operators who violate to CFR savings.ne c=erall effect of this ru!e on regulations to speedy that the conditiona part 26.The proposed rde also amaU ntities should be to provide eery and cutofilects established pursuant to described contemplated changes to the small economic benefrt.

the Casamlesion's Fitnesa-for-Dety NRC enforcement policy.He commer.t herefore, we believe that changing Programs are applicable tolicensed period ended on July 2.1990-Oklahoma's brucelleria states will not operators as conditions of theirlicenses.

ne Cormessionis adding speerfic significantly affect market patterts, and he final rule provides a basis for taking conditions to operaterlicenses issued will not have a significant economic enforcement actions agelnet licensed under 1D CFR part 55 to make fitness-impset on the small entities affected by Operators: (1) Who use drugs or alcohol for-duty requirements duectly this rate in a manner that would exwed the apphenble to heensed operators. As Under these ciruamatances, the cutoff levels conteined in the fitness-for. pointed out in the supplementary Admimetraterof the Animaland Piant duty rule. (2) who are determined by a information accompanying the Health Inspection Service has fa cility medical rev!cw ofBeer (MRO) to promulgation of to CFR part 26. the determined that this ection will not have be under the inffwence of any scientific evidence shows conclusively a significant economic i:cpact on a prescrtption or over the-counter drug that significant decrements in cognitive substantial number of small entities.

that could adversely affect his or her and phya! cal performance result from p,

,wg abihty to safely and competently the use of !!!icit d urs as m'l as from perform lkansed duties. or pl who sefk the use and misuse of prescription and nr,e rule conta!ns no newinfo me* ion use, or possees illeyel drugs. De final oeer-the-counter dn:gs. Given the collection or recordkeeping rule will ensure a safe operstronal addietree and impsinng nature of

Federal Register- / Vol. 56. No.135 / M;ndry! July 15, 1991 / Rules and Regul:thns 32067 certain druFs. even though the pruena ne use of alcohol and drugs can ne Comminion is amending I 55.53 of drug metabolites does not necessarily directly impair job performance. Other to establish as a condition of an relate directly to a current impaired causes of impairment include use of

. operator's lioese a pmvision precluding state, the presence of druginetabolites prescription and ever-the-counter performance oflicensed duties while in an individual's system strongly medications, emotional and mental under the inDuence of drugs or alcohol suggests the likehhood of past, present.

stress. fatigue. illness and physical and in any manner that could adversely or future impairment affectag job psychologicalimpairments.ne effects affect performance.ne Commission activities. More specifically. the of alcohol. which is a drug, are well further amends i 55.81 to pmvide Commission stated. Individuals who known and documented and, therefore, explicit additional notice of the terms are not reliable and trustworthy, under an not repeated here. Drugs such as and conditions under which an the influence of any substance, or snarijuana, sedatives, hallucinogens. and operator's license may be revoked, mentally or physically impaired in any high doses of stimulants could adversely suspended, or modified. In a ddition.

way that adversely affects their ability affect an employee's ability to correctly confirmed positive test results and to safe!y and competently perform their judge situations and make decisions Jallures to participate in drug and duties shall not be licensed or permitted (NUREG/CR-.3198. " Drug and Alcohol alcohol testing programs will be to perform responsible health and safety Abuse:ne Bases for Employee considered in making decisions functions." (See 54 FR 24468, }une 7 Assistance Programs in the Nuclear conceming renewal of a part 55 license.

1989.) Although there is an underlying Industry." available from the National nese provisions will apply to any assumption that operators will abide by TechnicalInformation Service).ne Etness-for-duty program established by' the licensees

• policies and procedures, greatest impairment occurs abortly after a facility licensee, whether or not any involvement with illegal drugs, use or abuse, and the nefative short-required by Commission regulations, whether on site or off site. in& cates that term effects on human performance including programs that establish cutoff the operator cannot be relied upon to (including subtle or maridnal levels below those set by 10 CFR part obey the law and therefore may not impairments that are difficult for a

26. appendix A.ne Commission notes, scrupuloasly follow rigorous procedural supervisor to detect) can last for several however, that it has the discretion to requirements with the integrity required hours or days.ne amendment to 10 fogro enforcement action against a to ensure public health and safety in the Cm part 55 will establish a condition of licensed operatorif the facilitylicensee nuclear power industry.

an operator's license that will pmhibit established cutoff levels that are so low conduct oflicensed duties while under as to be unreasonable in terms of the he Commission believes strongly that licensed operators are a critical the influence of alcohol or any uncertainties of testing.ne Commission faclor in ensuring the safe operation of pmscription, menthe. counter. er illegal has reserved the right to review facility the facility and consequently considens substance that would ads ersely affect licensee programs against the unimpaired job performance by each pedomance of bcensed duties as performan objectives of to Cm part i

licensed cperator or senior operator described by the iscility's 6tness-for-26 which require reasonable detection vital in ensuring safe facility operation.

duty program.ne amendment will be measures.ne revised rule will not ne NRC routinely denies Part 55 apphcable to licensed operators of impose the previsions of10 Cm part 26 bcense opplications or imposes power and non-power reactors.His on non-power facility licemees. It is I

con &tions upon operator and senior rulemaking is not intended to apply the revised to make compliance with the operator licenses if the applicant's pmvisions dio Cm part 26 m n

• cutofflevels and the policy and me& cal con & tion and general health do power facility hcences, but to make it pmcedu es agardmg the use M lept not meet the minimum standards cleari alllicensed operators [ power and diegal drugs established pursuant to required for the safe performance of and non-power) thmugh conditions of 10 CFR part 28 a license condition for all a ssigned lob duties. Further, under 6eir beenses 6at 6e use d dmgs a bolders of a to CFR part $5 license.

al holin any manner that could I 5525 if an operator develops.durinF Pd 26 @es M fadhty Ems the term of his or her license, a physical

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'IO {'"C' *IliC'^8'dprovide apprcpriate training to licensed or men'al condition that causes the opersen among c6en, to enum est enforcement action',

operator to fail to rneet the requirements As explained in the Commission's they understand the effect of for me& cal fitness. the facihty licensee eMorcement poli @e 53 FR m prescription and over-the. counter drugs is required to notify the NRC. Any such October 13. D88), the Commission may and dietary condition on job condition may result in the operator s take enforcement action if the cxmduct Performance and on chemical test license bemg mo&fied. suspended, or of an individual places in question the results.ne t sining also should include

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NRC's reasonable assurance that informstion about the mies of The power reactor facility licensee is licensed aetivities will be conducted supervisors and the medical review further required under i 26.20(a) to have properly.The Commission may take ofScer in reporting an operator's current a

written policies and procedures that enforcement action for reasons that use of peotheaunter druFs or, his or add *ess fitness-for<futy requirements on would warrant refusal to issue a license Prescription dmgs that may impair abuse of presenption and over-the-en an original appbcation. According!y.

ber performance. Ucensed operators are counter druFs and on other factors such enforcement action may be taken respuired to follow their facility's policies as mental stress, fati ue. and illness that regarding matters that raise issues of and pmcedums regardmg fitness-im-F could affect fitness for duty.ne trustworthiness,reliabihty.use of sound duty requirements.

Commieeson expects each hcensed

, judgment. integrity, competence, fitness Ucensed OPeraton will be subject to operator or senior operator at these of duty, or other matters that may not notices of violation, civil penalties, or facihties to follcw the hcensee's written necessari!y be a violation of specific orders for violation of their facihty pohdes and procedu es concerning the Commission requirements.

hoensee's fitness-for<luty requirements.

use and reporting requirements for nerefore. in addition to amending the prescription and over-the. counter drugs g[,,,,.,,,,dNDN[""

reFulations to establish the to Cm part and other factors that the facihty has 15 licensed operators' obbFations the determined could affect fitness for duty.

apphmt ser po r,

ciar bom.m Commission is modifying the NRC p

Federal Register / Vol. 56. No.135 / Monday, July 15. 1991 / Rules cod Regulations 32068 cnforwment pobey (Appendix C to 10 one of the commenters wrWe that the foe-duty requirements can lead to CFR part 2) in conrunciaon with the Ensi rule is unnecessary becacoe the enforwment action and/or hcensing rulemsking as des.cribed below.

regulations already exist to ensure that action.&re has been no change to the la cases mvoir.ng a licensed the reactor operators adhere to 10 CFR rulemaking because of these comments.

cperator's failure to meet applicable part 26.ne Commission syrees that the Twenty commenters stated that it is f:tnesa.for-duty requirements (10 CFR necessary regulations exist to have an unnecenary burden that the 55.5Kil). the NRC may issue a notice of licensed power reactor operators proposed rule requires medical violation or a civil penalty to a Lcensed comply with the provisions of part 2S-personnel to be arailsble 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day operator.or an order to suspeni n.odify However, the Commi% reahres that to make ludgments about prescription i

or tevoke the license.nese aetions may the bcensed operator is one of the main and over-the-counter drugs. Medical be tahn the first time a licensed components and possibly the most personnel are not required by part 26 or operator fuls a d;ug or alcohol test. that entical component of continued safe art 55 to be on duty 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day for is, receives a cordrmed positive test reactor operation. %dreface, it wants to prescription and over the-counter drug that exceeds the cutoff levels of10 CR emphasize to and clearly infortn the eeninstion.ne inteni of the rule is that part 26 or the facibty licensce's cutofI operators that as conditions of their licensed operators follow the facihty levels. if low er. Howeve r. norms.lly ody licenses they enust comply with their fitness.for-duty program for supervisory a notice of violation wd! be issued for facility's fitness-for. duty progrsm.N notification of fitness.for-duty concerns the first confirmed positive test in the r-won also wacts to clarify the about the use oflegal dngs.ne cbsence of aggravating circumstances term *nse* rersus " consumption" of rdemaking has been clanfied to more such as errors m the performance of alcohol in protected reactor area s. W fully explain this intent.

bcensed duties. In addit 2on, the NRC rule has been rewritten to indicate dat intends to issue an order to suspend the the use of alcohol" means consumption 9""

N p1rt 55 heense for up to three years the of alcohohc bevereges.ne rule does the bas:.'

second time an in6vidual exceeds-those not prohibit the use of alcohol within the s or need for the rule change? (2) cctofflevels. If there are less than three protected areas for other than inpestion, is it an industry wide problem? nese years remaining in the term of the such as appbcation to the body.ne use puu u wm dismsed above under in6vidual license, the NRC may of medicine that contains alcoholis the need for the rule (reFulations consider not re.newing the individual licenre or not issuing a raew bcense until allowed w. thin the parameters of the already exist).N Commission can the three-year period is compieted.ne g,c3};ty.s fitness.for-dety propam.

have nothing but a zero tolerance les el However, use of over-the counter or i r drug and alcoho! use or abuse the part 55 license the thi-d ti=e an prescription drugs containing alcohol because d 6e chel nature of de NRCintends to isrue an order to revoke j

W kd industry.nerefore, the Comm,ssaan indwidual exceeds those cute!! levels. A

&fd bee wie tk deemed it necessery to stress at a

licented operator or applicant who g,ci33,y. fitness-for-duty program.

comphance wie facGy Ltnnsdor-duty s

refuses to participate in the drug and Further' as to CR *rt 2e does not pgam as a conMon ohsure.

P cicobol testing pregam ertathshed 1 y Dere is no change to the rulemaling as

• P}y 8

[C a result of these comments.

the facility bcensee or who is invdred i es in the sale, use or possession of an illegal drug is subject to beens?

to beensed operators at thept tacIbties here was one question about the suspension. revocation, o* dema!.

that the ese of drugs er alcoholin any reporting oflegal drugs. A hcensed manner that could adversely affect operator asled how operators who do performance oflicemed duties wodd not report meicinal use of drugs will be le e f t ntial I t m ' to.

1 ndix 1

subject them to enfort:ement action.

treated. Licensed operators are required m if provi e a Sevent le 1I Twenty-e!ght of the cmmntors to Mow de Etnest-My Nam wrote that th! rule sing!cs out licensed procedures and pohcies deseloped by cxample of a licensed operator or or r

eperstar involved in procedural creo,,

operators for rpecial treatment to the their facility.

which resuh in. or exacerba te the detriment of their morale.ne Two commmts we e specific to consequences of, an alert or hit er k vel Commission has considered the issue of lamed operators at test and researt.h h

emergency and srubseqcently receiving a morale and bebeves that most 11 censed mctor facilities. One was that formal corf.rmed positive test for dnags or operators already take their personal drug testing progams should not be clcoho!. two Seventy 11 vel 11 exa=ples fitness for dary quite seriously.If there regurred foe non-powee fecihties. These of (1) a bcensed operator invoired in the are any negative impacts on licensed prorsms are not required by Part 26 or sale. use. or posses sion of inegal drug, operster morale these effects are Part 55; however,if a fitness-for-doty or the consuraption of alcoholic expected to be short-Uved as the vast propam bas been estabbshed st a nor>-

beveragas +d hm the protected are a ce mejority oflicensed operators wiH be power iscihty bcensed operstors are t

(2) a bcensed operstar or senacr unsffected.Ris rule may,in fact, required to participate. The second operster involved in proced ral e-rcrs increase operator confidence that their conrnent, regarding over-the-counter med subsequently receiving a conhrmed peers are f!! for duty.This rule stresses and presenptaon med4 cation. was that poettive test for drugs or skohol and a to limnsed operators that because of

- medicai renew o!Lcers do not exist at Seventy IrvelIII example of a bcensed their entical role in tha safe operation of non-power facihties.That statement is operator's confirmed pocrtive test far their reactors, they must be singled out true; there are no requirements in either drgs or alcohol that does not result in a for special treatment to stress that their part 28 or part 55 that they do. No Ses erity levsl I or 11 violation.

continuous unimpaired job performance change to the rulemakirig was required Summary d Comnents is a highly necessary component of the as a direct result of these comments.

overa!! safe operstion of the reactors.

However, as a result of the p enous letters of comicent were received ne rule also stresses to 11 censed comment regarding medical personnel from 39 responde.nis One en-.rnter operators that theirlicenses a e a availabihty. the rde was changed to wrote two letters. whl:.h hroght the prfrilege and net a right, and that clearly ire.)ude moernsory not: fica tion total nucher clresponses to n Thirty-refusal to participe te in fa.ccity Staess-when medical ofrecses are net a vailside.

W

Federal Register / Vd. 56 No.115 / Monday, July 15, 1991 / Rnks and Regulations 32069 EnvironmentalImpaci: Categoocal the Sad! Business Siza Standards set 955. as Sut 444. as amended (42 UAC. 22aa.

Exclusion out in regulations issued by the Small taszt onc. aus, sa Siat tus 142 UAC nma).

• 1'staae also ismed ander nec.

l Business Administration at 13 CFR part

'"", pA L pg iso, as Sat asa, as amended De NRC has determined that this m

gg g

(42 USC 4332L Secens 27cus.2m also final eule is the type of actioc dW published December 9.1985 (50 FR g,,.ed under s uit 554. Sections 2.754.

in categorical exclusion 10 CFR 201 h4e rule d 4 sm A7eo.1770.2m also issued under s USC 51.22(cX1k There, fore.neither an i provide snotim to boensed indrM' 557.Section1764 andTable1A of Appen&m environmental impact statement nor an of the Mtions ander m hich they are C also issued under seca.135.141. Puh L 97-environmental assessment has been expected to perform thencemoed 425.se Stat 2232.2241(c USc sot 5s prepared for this rule' duties.

wic11. Section 2.7s0 also Issued under acc.

101. es Stat. saa. as amended (c USC 21333 Paperwork Reduction Act Statement BaM Anahsis and 5 US C. 551 Sections 1900 and Laos aho This final rule does not mntain a ww The NRC has determined ht the inued under s Uit 553 Section tea 9 sho or amended information collection backSt rde.10 CFR 5(L10s does not issued under s US C 553 and sec. 2s. Pub. L l

a5-25e. 71 Stat sie as amended (4 US C requirement sWect to the Paperwork apply to this fmal rule, and therdore, 2c39). Subpart K also iseend under sec. sas.

Reduction Act of 1980 (44 US C. SSD1 et 61 a bacW aWysis k ut reqhd fw se Stat 955 (42 USC 2239) occ.134. Pub. L seg ) Existing require.ments we e this e hae thew amehh do 97-C5. 9s Stat 2230 (42 USC 10154).

approved by the Office of ManeFe rrent Mi avo ve MY Puistons that ndd Subpart L also luued under sec. taa. 6s Stat.

and Budget apprwal number 3150-UD1L hnpose backfits as dermed in to CFR 955 (c US C 22391. Apparunx A also inued

]

Regulatory Analysis 50.1De(aX1).

under sec. 8. Pub. L ri-6eo. m Stat les (c US C 2135). Appendix B, also loss,ed under De regulate.ocs m 10 GR part 55 Ilst of Sub}ects gg, pg g m, gat 3 gu g3g establish procedures and cnteria far the ygg gam,e 4 issuance of licenses to operators and senior operators of utthzatioe facilities Administrative practice and

2. Appendix Ctolo CTR part 2 is licensed pu suant to the Atomic Energy pw~A. Antitrust. Byprodoet amended by-Act of 1954. as amended. or section 20 '

material. Cleestfied information,

s. Adding an undesignated paragraph of the Energy Reorganization Act of Eswirorunental protectiort. Eclear at the end of section V. E.,

1974. as amended, and 10 CFR part LD.

tasterials. Nuclear power plants and

b. Adding paragraph (8) to section These established procedures provide reactors, penalty. Sex discrhrunstion.

W I.and the terms and conditions epon which the Source material. Specialnuclear

c. Adding paragraph A. S., B. 3. B. 4.

Commission will issue, modify, material. Waste treatment and disposal.

and C.9 to supplement I to read as

' "U**

maintam, and renew operster and M CTR Part 55 sensor operator licenses.

gg

% ag Subpart F of part 55. nnder i 5553.

Cnmmal penahyhpower training Pokey and Procedure foe NRC Cond2tioris of Licenses," sets forth the progra:ns. Nuclear power plants and g

g requirements and cond taons for the reactors. Reportmg and recordkeeping i

maintenaDM of operBior and Denior requuments.

For the reasons set out in ese V.Enfanness! Achems operator bcenses.

This rule serves to emphasize to the preamble and under the authority of the Atomic Energy Act of 1954. as amended, holders of operato and s.enior operator the Energy Reeganization Act of 19"4.

E EnfonemenMetonsInro!ringIndividucIs licenses the con 6tions they are required as amended, and 5 U.S.C. 552 and 553.

to comply with under 10 CFR part 26.

the NRC is adopting the foRowmg in the cau of a licensed operator's faDure

" Fitness 4or-Duty Programs." A regulatory analysis has been prepa ed sandents to 10 CFR part 2 and 10 to meet applimble fitnew-for-6r*y for the fmal rule resultmg in the part 55.

requirements [to Cm 5533[jll. the NRC mey inn a notiu d mdawn m a chu penalty to promuhation of "rt 26 and is available PART 2--ftULES OF PRACTICE FOR the part 55 Lcensee. or an order to suspend.

P for inspection in the NRC Pubbe DOMESTIC UCENSING PROCEE. DINGS moctify or revoke the h:sene.These octao6s Docu nent Room. 212D L Street NW,.

may be taken the first time e licensed (Lower level). Washington DC.This 1.He aethority ettation for part 2 operator iails a drug or alcohol test that is.

analysis examines the costs and continues to read as foUows-receives a confarsmed poetrve sent that exceeds the cuto!! levels of 2 Cm part 26 or benefits of the alternatives considered Amusadty Su ut.ut.as met m ssa the factMy Scensee's cctcNlmis, fHower.

by the Commission for coe pliance with as amended (c USC 2:0t. 22311: sec. wi.'as Nwever, wma!!y only a notice of viohn the condmons and cutoff levels.The amende d. Pub L 87-415. 78 Stat.400 (u will be inaned for the Erst connrmed posinve i

Commission p*eviously requested public US C. 22411: sec. 201. 98 Stat.12u. as test in the absena of agg svating comment on the regulatory analysis as amended (42 US C 5641): $ US C En mumstane sud as anm in h j

Sectnn 122 mim ised under m sa.c.

at al. m m m as Set m se2. m 335.

Wam dM Ms. In a@n.

part of the rulemaking proceedmg that the NRC totends to issue an order to suspend resalted in the adopLion of part 26-sm art, ass, aa==-a.d fu US C ar'3.

Regulatory flexibility Certification assa, amt. 2111. 2133. 21M. 2136 k sec lu(TL the part 55 beense for op to three years the Put' L 87-41L es Seat 2211 as annended la2 second tune a boensed operstot exceeds those cuto5 levela. In the event there are less in accordance with the Regulatory USA 10134ifil: sec.102. Pub L r1% s3 Flexibility Act. 5 US C. toS{b). the NRC Stat. sL3. u aset f** 5 % 4332t sec.

then three years remaining in the term of the certifies that this rule wi!! not have a M1 Se Stat 124e [u 11S C $81). Sections individcats hmnse.the NRC may consider 1102. 1183. 1106.2.105. 1721also isetred not renewing the indtriduaTs Itcense or not sig t!ficant economic e!!ect on a under sees SCL 103.104. tek sas.1as. Os Stat, leestng s new ticense after the three year substantial number of small entities.

tsk tr. Esa.954. est as manended SC USC pertad is completed The NRC intends to Many applicants or holders of operator 2132. 2133. 2134, 213L 1.233. 223ei Sectum terse an order to erroke the part s5 beense gscenses g,gI within the defmition of L135 eine inaued usader Put L e7-415.e6 the third time a licensed operator esceeds small businesses found in section 34 of Stat 23"3 (c USE 2239k Sections L230 those cutoff ireeJs A bcaesed opersfor er the 5:r.all Burmess Act (15 US C. c32) or 1.235 atso issued under occa. les. 234. es Stat.

appbcant wbe edunes to part cipate in the

32070 Federal R: gist;r / Vol. 56. No.135 / Monday. July 15, 1991 / Rults cnd Regulations c' rug cnd alcohol test ng prcpams paragraphs (j) and (k) are added to read Dated at Rodvine. Maryland. this 5th day (stablished by the facih'y beensee or who is as fonows:

of July M.

lavolved in the sale. use. or possession of an For the Nuclear Regulatory Commission.

illegal drug is subject to hcense :aspension.

I 55.53 Conethona of Econses.

gpg revocauon. or denist.

Secre:ory of the Commission.

(j) ne licensee shaU not coneume or

[nt Doc. 91-1e687 Fded 7-1:-F1: e 45 am]

vs. ResponsAbucs ingest alcoholic beverages within the protected area of power reactors or the controlled access area of non-power (81 Ar*y propostd enfarcement action reactors. The licensee shall not use.

of a c:vd penalty to a Lcensed 10 CFR Part 9 M

d@p licensee shaU not perform activites g pgeggony,,,

authorized by a license issued under this Supplement 1-Severity Categories part while under the influence of alcohol AGtwcr. Nuclear Regulatory or eny prescription, over-the-counter or Commission.

bC##@##"

illegal substance that could adversely A. Severity I * *

• affect his or her ability to safely and e mpetent!y perfonn his or her licensed suscutar.ne Nuclear Regulatory

5. A licensed operator at the controls duties. For the purpose of this Commission (NRC)is amending its g

' 8 8

l d a b

s or e in ue e a

e e se exacerbate the consequences of, an alert exceeded, as evidenced by a confirmed Washington. DC.ne amendment is or higher level emergency and who, as a positive test, the lower of the cutoff necessary in order to reflect the change L"

rn from cor e posi i e test resu!t 0

pa.

a n

A,of s

",rg g

or a chapter or as established by the facility for the copying of records.

B. Ses erity H * *

• licensee. ne term under the influence" also means the bcensee could be EmcTrYE DATE: }uly 15.1971.

3. A licensed operator involved in the mentaUy or physically impaired as a Fon ruRTHEn omronuATion cowTacT:

use. sale, or possession of illeFal dmgs resdt of substance use including Michelle Schroll Public Document Room or the consumption of alcoholic prescription and over-the-counter drugs.

Branch. Office of the Secretary. U.S.

beverages, within the protected area.

as determined under the provisions.

Nuclear Regulatory Commission.

4. A licensed operator at the controls policies. and procedures established by Washington, DC 0555, telephone m::-

of a nuc! car reactor. or a senior operator the facility licensee for its fitness-for-634-3366.

directing licensed activities. involved in duty program,in such a manner as to surPLinatNTARY INFORuATIOsc ne NRC procedural errors and who, as a result of adversely affect his or her abihty to mentains a Public Document Room subsequent testing. receives a confbTned safely and competently perform licensed (PDR) at its headquarters at :120 L positise test result for drugs or elechol.

duties.

Street. NW. Iower level. Washington.

C Seventy IU...

(k) Each licensee at power reactors DC.ne PDR containe an extensis e shan participate in the drug and alcohol collection of publicly available technical

9. A bcensed operator,s confinned testing programs established pursuant to and administrative records that the NRC positve test for drugs or alechol that 10 CFR part 28. Each licensee at non-receives or generates. Requests by the doe not result in a Seventy LevelI or H power reuctors shall participate in any public for the duplication of records at vio on-drug and alcohol testing program that the PDR have traditiendly been rney be established for that non-power accommodated by a dupbcating service PART SS--OPERATORS' UCENSES contractor selected by the NRC.ne schedde of duplication charFes to the 3.He authority citation for part 55

5. In i 55ft. a new paragraph (b)(5) is public established in the duplicating continues to read as follows:

added to read as follows:

service contract is set forth in 10 CFR Authority-Secs.1c".1t!.182. u Sat. 239 I5141 Moencetion and rwocatkm of 9.35 of the Commission's regulations.

osa 953 es amendei sec. :34. r.3 Stat. 44. n beenses.

De NRC has recently awarded a new duplicating service contract. De revised cmended (c U_s C :237.ran. :3:.::e:y secs r2. as omended 20:. 58 Stat.1:42, as (b)...

fee scheduled reflects the chanFes in cmendei t:44 (42 U.S C 5N1. 5M:t (5) For the sala. use or possession of copying charges to the pubbc that have Sections 55 41. 55 43 t.545, and f.s.59 o!'

tsued under sec. 3% T%b. L F"-C5. 96 Stat.

illegal drugs, or refusal to pe.rticipate in resulted from the awarding of the new

c:(C U S C tc::e} Secten 55 e2 a:so the facility drug and alcohol te ting contract for the duplication of records at issued under seca.185. ter. es Stat. 955 (42 program. or a confirmed positive test for US.C ::38. ::3r).

drugs, drug metabolites, or alcohol in Because this is an amendment deshng For the purposes of sec. 4 i. 68 Stat. 958. se violation of the conditions and cutoff with agency practice and procedures, cmended [C U.S C. 22 3h { { 55.3. 55.01.

levels establ hed by i 55.535) or the the notice provisions of the 55 ga a nd 55.53 are issued under sec.1811. Ce consumption of alcoholic beverages Adminletrative Procedures Act do not Stat. 94a as amended (42 US C ::mb]t and within the protected area of power apply purruant to 5 U.S.C. 553(b)(A). In iI 55.9. 55.23. 55.25. and 55.53(f) a-e issued reactors or the controlled access area of addition, the PDR users were notified on de sec le o Sa Stat 950. as arnended [42 non-power reactors, or a determina* ion June 27,1971, that the new contract wes

~I I of unfitness for schedu'ed work as a being awarded and that the new prices

4. In i 55.53. parag-sph [j) is resn't of the consumption of alcoholic would o into effect on July 10. If91.De F

redesignated as paragraph (t) and new beverages.

amendment is effective epon pubbcation

LIST OF RECENTLY ISSUED GENERIC LETTERS Generic Date of ke t (e t,tjo

,,,,,5,qb jq c t,,,,,,,,,,,,,,,,,,,,,,,{ s s y a n c q,,,,,,,{s sge d,Tg,,,,,,,,,

t 91-15 OPERATING EXPERIENCE 09/23/91 ALL POWER REACTOR FEEDBACK REPORT, SOLEN 0ID-LICENSEES AND OPERATED VALVE PROBLEMS AT APPLICANTS US REACTORS 91-14 EMERGENCY TELECOMMUNICA-09/23/91 ALL HOLDERS OF OP TIONS LICENSES OR CONST.

PERMITS 91-13 REQUEST FOR INF0 RELATED 09/19/91 LICENSEES AND APPLI-TO RESOLUTION OF G1130, CANTS Braidwood, Byron

" ESSENTIAL SERVICE WATER Catawba, Comanche Peak SYS FAILURES AT MUTLI-UNIT Cook, Diablo, McGuire SITES," PURSUANT TO 10CFR50.54(f) 91-12 OPERATOR LICENSING NAT.

08/27/91 ALL PWR REACTOR EXAMINATION SCHEDULE AND APPLICANTS FOR AN OPERATING LICENSE 91-11 RESOLUTION OF GENERIC 07/18/91 ALL HOLDERS OF ISSUES 48, "LCOs FOR CLASS OPERATING LICENSES 1E VITAL INSTRUMENT BUSES,"

and 49, " INTERLOCKS AND LCOs FOR CLASS 1E TIE BREAKERS" PURSUANT TO 10CFR50.54(f) 91-10 EXPLOSIVES SEARCHES AT 07/08/91 TO ALL FUEL CYCLE PROTECTED AREA PORTALS FACILITY LICENSEES WHO POSSESS, USE, IMPORT OR EXPORT FORMULA QUANT] TIES OF STRATEGIC SPECIAL NUCLEAR MATERIAL i

88-20 INDIVIDUAL PLANT EXAMINATION 06/28/91 ALL HOLDERS OF SUPP. 4 0F EXTERNAL EVENTS (IPEEE)

Ots AND cps FOR FOR SEVERE ACCIDENT VULNERA-NUCLEAR POWER BILITIES - 10 CFR 50.54 (f)

REACTORS 91-09 MODIFICATION OF SURVEILLANCE 06/27/91 ALL HOLDERS OF INTERVAL FOR THE ELECTRICAL OLs FOR BWRs PROTECTIVE ASSEMBLIES IN POWER SUPPLIES FOR THE REACTOR PROTECTION SYSTEM 91-08 REMOVAL OF COMPONENT LISTS 05/06/91 ALL HOLDERS OF OLs FROM TECHNICAL SPECIFICA-OR cps FOR NUCLEAR TIONS POWER REACTORS

~

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