ML20011F491
| ML20011F491 | |
| Person / Time | |
|---|---|
| Issue date: | 02/16/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-RINV, TASK-SE SECY-90-054, SECY-90-54, NUDOCS 9003060113 | |
| Download: ML20011F491 (14) | |
Text
--
000000000000000000000000 8
RELEASED TO THE PDR8 O
,y"'s 4]r/qo (v :
O A
~
ogi.
c
......... '.......ings RULEMIAKING ISSUE Tebrary 16, 1990 (Notation Vote) stCv.90-os4
[,or t The Comissioners From:
James M. Taylor Executive Director for Operations subject:
PPOPOSED REVISION OF 10 CFR PART $$ TO REQUIRE C0FFLIANCE W11H FITNESS F0k DUTY PROGRAFS AND CONFORMlWG MODIFICATION TO COMM15510N'S ENFORCEMENT POLICY
Purpose:
To obtain Comission approval to publish a notice of proposed rulemaking that revises 655.53 and 555.61 of 10 CFP,Part $$ to recuire that compliance with the conditions and cut off levels of Fitness.for Duty Programs (Part26)isacor.ditionofanoperatororaseniortjerator license. A conforming modification to the Corusion s enforcement policy, AppendiF C to 10 CFR Part 7, is described.
FacL9round:
SECY49 30, Final Ruler,ating - Fitriess.for-Duty Programs (Part 26),* was approved by the Comission subject to the cor.ditionsstatedinastaffrequirementsmenorandum(SRM) of March 22, 1989. The SRM directed the staff to prepare a notice of proposed rulemakir.g to amend Part $5 so that the cutoff levels established pursuant to Part 26 become applicable to the licensed operators as a condition of their license.
It further requested the staff to amend Part 2, Apperdix C, to reflect appropriate enforcement sarctions for indivicuti licensed operators.
Discussion:
The Comission indicated in its $Py, that it should be made the cutoff clear what the penalty would be for violating' Fitness.for.
levels for substances described in Part 26, Duty Programs," so that the licensed operators at nuclear power and non-power facilities will have full notice of the gravity of any violation. 10 CFP,Part 2 should also be modified to reflect enforcement sanctions for individual licensed operators who violate these cutof f levels. A sumary of the staff's response to the SRM that indicates the changet to Part 55 and Part 2 is provided with the Notice of Proposed Rulemaking, g
1:07E TO BE !GDE PUBLICLY pV AVAILABLE WHE!! THE I
tit:AL SRM IS MADE CONTACT:
( \\
AVAILABLE David J. Lange, NRR
L The Comissioners 2
Subpart G of 10 CFR, Part 55, 'P,odification and Revocation of Licenses," describes the circuenstances when licenses may be podified or revoked, including for willful violation of or for f ailure to observe any of *.he tems, or conditions of a license.
Subpart H.
- Enforcement" indicates that civil i
penalties may be imposed for violation of a license issued under Section 107 (*0perators' Licenses") of the Atomic Energy Act. Therefore, making compliance with fitness.
for duty requirements a condition of an operator's license I
will provide a basis for issuing a notice of violation or civil penalty to operators who violate such provisions. This i
condition will be applicable to both power and non power i
licensed operators. The proposed rule is intended to make 10 CFt, rart 26 applicable to non power reactor operators l
(Part 5! licenses) not the non power reactor licensees i
theniselves.
it is the staff's position that the proposed amendment to
[
Fart 55 (555.53, "Corditions of Licenses *) will clearly i
describe the obligation of the licensed operator to comply with the fitness.for. Duty requirements for substance use or misuse (includingapplicablecutofflevels)containedin l
10 CFR Part 26, Fitness.for. Duty Programs." Further, the l
proposed emendment to Fart 55 (i 55.61, " Modification and i
revocationofLicenses")willprovideexplicitnoticeofthe j
terms or conditions, including fitness.for. Duty standards, under which a license may be revoked, suspended or modified.
Beyend making the part 26 cutoff limits enforceable conditions of Part 55 operator licenses, the proposed rule contains a rumber of additional provisions directed toward i
assuring that operator performance is not adversely affected in any r.anner by drugs or alcohol.
First, Part 26 explicitly imposes sanctions for use of illegal drugs.
It does not explicitly impose sanctions for alcohol abuse, but requires licensees to impose sanctions sufficient to deter abuse. The staff agrees with this approach for other than licensed operators.
For licensed operators, the staff believes it appropriate for NRC to specify sanctions for exceeding the alcohol cutoff levels and that such sanctions should be the same as those for exceeding illegal drug cutoff levels. The i
staff believes that alcohol abuse prior to or during the operator's performance of licensed duties is a significant health and safety issue because of the critical job duties of the operator to diagnose plant parameters and to perform J
immediate actions necessary to place the reactor in a safe shutdown condition.
i
o i
The Connissioners 3
second, the proposed rule prohibits the operator f rom perrormir.g licensec duties while under the influence of any substance legal or illega), which could Wyersely affect his or her ability to safely and competently perform those dutiks. This standard mil) require the operator to comply with the part 50 facility licensee's fitness.for duty program pertaining to the use or abuse cf legal or illegal drugs.
It is important for NRC to establish a staadard regarding the operator's use of legal drugs because the licensed operators and senior operators are frequently challenged to place the reactor in a safe shutdown condition and must be mentally alert and physically capable to do so.
As pointed out in the supplementary information to Fart if, "the NFC believes that a licentee's policies regarding workers use of legal crugs and alcohol is as in.portant for (nsuring public health and safety es the licensee's polic) regarding illegal drug use." The proposed revision to part 55 will clearly establish a fitness-for duty star,dard that prc.hibits crerators ar,c senior operators from performir,t licensed aethities while under the influence of legal or tilegal drugs.
Thi$ requirement is in addition to and not nteessarily related to the part 50 licensee's obligation to inform NRC hhen a licensed operator develops a physical or mental condition that causes the operator to fail the medical qualification requirements of part $5. The part 50 licensee has a responsibility, under their fitress.for duty program, to establish and irnplement written policies and procedures that adoress the use and ttuse of prescription and over the counter drugs. To be consist 6nt with this proposed rule it is expected that the Fart 50 licensee, if not done already, will require part SE licensees to report their use of prescription or over the counter drugs for evaluation by the medical review officer.
Ttt written policy documents must be in sufficient detail to rrovide affected individuals with information of what is erpteted of therr, and what consequences may result f rom lack of adherarce to the policy. The stoposed rule will require, through a condition of license t16t the operator and senior operator cornply with the faci 1Ity licensee's established requirernents that address prescription and over-the-counter drugs.
If cnly the salt, use or possession of illegal substences are regulated, then the standard imposed on licensed operators weeld be significantly lowered and the primary objective of protecting the public health and safety would be compromised.
The NRC must establish a fitness for duty standard for licensed operators which recognizes that the use or mituse of legal over-the counter and prescription drugs could cause physical and intntal impairment as well as the use of iliegal drugs.
i i*
The Comissierters 4
Third, the proposed rule explicitly prohibits licensed operators from engaging in the sale, possession or use of any illegal substance without regard to whether such sale is on l
or o"f site.
Although Part 26 provides a specific sanction i
for onsite sale, possession, and use, the staff believes that the specific proSibition on licensed ortrators against the sale possession, or use of illegal drugs on site or offsIteisconsistentwiththeabovestatedpolicyrequirements j
of Part 25, to witt
- Individuals who are not reliable and trustworthy... shall not be licensed or responsiblehealthandsafetyfunctions.germittedtoperform (54FR24493)
Fourth, the proposed rule places the responsibility of I
fitness for duty on the Part 55 lictosed operatar through a conditier, cf his or her license.
The operator is to be held personally accountable for the existing Part 55 medical reouirements tiat povern his or her physical and n<ntal condition and the Part 26 fitness.for duty standard j
established by the facility licenste. This reovirement is in eddition to tne Part 50 licenste's obligation to inform the NRC when a licensed operator develops a physical or nental condition that causes the operator to f ail the nedical qualification standards established in AN$1/ANS.3.4 1983 and required by 10 CFR 55.
Ttt SRM also requested that the Enforcement Policy be amended by rulemaking along with the rulemaking of the changes to 10 CFR Part 55.
The Comissien in the past has i
not modifitd the Enforcement Policy by rulen4 Ling, therefore.
l the staff pttfoses to modify the Enforcement Policy in conjunction with the final rulemaking, as described 'in the t
Supplementary Information in the enclosed proposed amendment of 10 CFR Part $5.
The Supplementary Infornetion for the l
aroposed rulemaking states that NRC intends to modify the i
inforcement Folicy as follows:
l 1
In cases involving a licensed operator's failure to meet t
applicable fitness for duty requireotnts (10 CFR 55.53(j)),
j the NRC may issue an order, a notice of violation or a civil renalty to the Part $$ licensee, or suspend, modify or revoke the license. These actions may be taken the first time an individual fails a drup or alcohol test
{
demonstrating lack of compliance wit 1 the cutoff levels i
established by the facility licensee to meet 10 CFR Part l
T6.
In addition the NRC will, as a minimum, issue en order to suspend the Part 55 license for a period up to 3 years the second time the individual failt such a drug or alcohol test.
In the event there are less than 3 years remaining i
in the term of the individual license, the NRC may consider l
not renewing the individuel license until the 3 year period Part Lplete.
is com The NRC will istue an order to revoke the
~
license the third time an individual fails such a l
drug or alcohol test. A licensed operator or applicart
[
2 The Comissioners.
who refuses to participate in the drug and alcohol testing progratr.s established to determine compliance with the t-cutoff levels of 10 CFR Part P6 or who is involved in the sale, use, or possession of an illegal drug, as defined in 10 CFR Part 26, whether on site or off site, may be subject to license suspension, revocation, or denial.
In addition, positive test results end failures to participate in drug and alcohol testing programs may be considered in making decisions concerning renewal of a Part 55 license.
To assist in determining the severity levels of potential violations, Supplement I would be modified to provide an example at Severity Level I of a licensed operator
?erforming duties while unfit and an e> ample at Severity
.evel 111 of e licensed operator's initial failure of a drug or alcohol test.
The staff will also modify the Enforcement Policy to state that civil penalty actions against licensed operators will require approval of the Commission in accordance with the Comission's direction in the Peach Bottom case (SECY-88-201).
The Office of General Counsel has reviewed this proposed rule and has no legal objection.
Recorn endations: That the Commission Approve publication in the Federal Register of a notice of proposed rulemaking amending 10 CFR Part 55, Subpart F, to establish a new condition of an operator's license which would prohibit conduct of licensed activities while under the influence of any substance which could adversely affect performance of licensec' duties and amend 10 CFR Part 55, Subpart G, to provide explicit additional notice for the terms or c.onditions under which a license may be revoked, suspended or modified.
/
, 4 --
Je s a or ecutive 1 rector for Operations
Enclosure:
Notice of proposed Rulemaking
,y, 4
f
/
,o u
, l o.q.
t
-l D.
.L Commissioners' comments or consent should be provided directly-to the Office-of the Secretary by COB Wednesday, March 7, 1990.
.1.
p Commission Staff Office comments, if any, should be submitted
'i i '-
to:the Commissioners NLT. Wednesday, February 28, 1990, with an l
r information copy to.the' Office of the-Secretary.
If the paper
.d is of such a nature that it requires additional time for i
analytical review and comment, the Commissioners;and the
,1 g.
r Secretariat should be apprised'of when comments may be expected.
j R
L3 DISTRIBUTION:
J Commissioners i
OGC'
.l
.OIG o-LSS j
l.
- GPA REGIONAL OFFICES
- EDO J
. ACRS,
SECY s
c, 6
I i
f ;!
k e
i p
c
=
l-,
7 i
[-
i, r
t t
F g
r
i rg-l
[
r y$
I' i
' [b f
y
FT-r y
o i
i Nuclear Regulatory Comission 10 CFR Part 55 i
Operators' Licenses Agency:
Nuclear Regulatory Comission.
Action:
Proposed Rule.
Sumary: The Nuclear Regulatory Comission proposes to amend its regulations so that the conditions and cutoff levels established pursuant to 10 CFR Part 26 " Fitness-for-Duty Programs," beco G applicable to licensed operators as a condition of their licon n.
The proposed rule will provide a basis for taking enforecwt actinns against licensed operators who use drugs or alcohol in a R Nar th t would exceed the cutoff icvels contained in the Fitness-for49ty rut *,10 CFR Part ?6, who are under the influence of any prescription or o-cr-the-counter dMg ehich could adversely affect his or her ability to safely and competently perfce licensed duties, or who sell, use, or possess illegal crugs.
On June 7 1989, the Comission issued a new part to its regulations, Part 26,
" Fitness for-Duty Programs," requiring f acility licensees authorized to operate nuclear power reactors to implement a Fitness-for-Duty Program thet would provide reasonable assurance that nuclear power plant personnel are not under the influence of any prescription, over-the-counter or illegal substance that in any wsy would adversely affect their ability to saf ely perform their job duties.
The proposed revision to Part 55 will assure a safe operational environment for the performance of ell licensed activities under that part by providing a clear understanding to licensed operators of the severity of violating recuirements governing drug and alcohol use and of the impact of substance abuse.
Dates: The coment period expires [ insert date 60 days from date of Federal Reoisterpublication]. Comments received after this date will be considered if it is Fracticable to do so, but assurance of consideration can be given only for comments filed on or before that date.
Addresses:
Submit written coments to:
Secretary, U.S. Nuclear Regulatory Comission, Washington, DC 20555, ATTN: Docketing and Services Branch. Hand deliver coments to Docketing and Services Branch, One White Flint North,11555 Rocky 111e Pike, Rochville, MD, between 8:15 a.m. and 5:00 p.m.
Examine coments received at: The NRC Public Document Room, 2120 L Street IN.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Kenneth E. Perkins, Jr., Chief, Operator Licensing Branch, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commissior., Washington, DC 20555 Telephone:
(301) 492-1031.
SUPPLEMENTARY INFORMATION -
. BACKGROUND The Nuclear Regulatory Comission has issued its regulations to require licensees authorized to construct or operate nuclear power reactors to implement a fitness-for-duty program. The general objective of this program is to provide reasciieble assurance that nuclear power plant personnel will perform their tasks in a reliable and trustworthy manner, and not under the influence of any prescription, over-the-counter or illegal substance which in any way adversely affects their ability to safely and competently perform their duties. A fitness-for-duty program developed under the requirements of this rule is intended to create an environment which is free of drugs and the effects of such substances.
The Commission is now proposing to add specific conditions to operator licenses issued under 10 CFR Part 55 to make fitness-for-duty requirements directly a)plicable to such operators through a condition of license. As pointed out in tie supplementary information accompanying the promulgation of 10 CFR Part 26 (54 FR 24408), the scientific evidence is conclusive that significant decrements in cognitive and physical task pcrformance result from intoxication due to illicit drug abuse, as well as the use and misuse of prescription and over-the-counter drugs. Given the addictive and impairing nature of certain drugs, while recognizing that the presence of drug metabolites does not necessarily relate directly to a current impaired state, the presence of drugs does strongly suggest the likelihood of past, present, or future impairnent affecting job activities. flore specifically, the Comission stated that
" Individuals who are not reliable and trustworthy, under the influence of any l
substence, or mentally or physically impaired in any way that adversely effects their ability to safely and competently perform their duties, shall not be licensed or permitted to perform responsible health and safety functions (see 54 FR 24468 at 24493).
Because there is an underlying assumption that operators will abide by the licensee's policies and procedures, any involvement with ilkgel drugs, whether on site or off site, may show that the operator cannot be relied upon to obey laws of a health and safety nature, indicating thct the individual may not scrupulously follow rigorous procedural requirements I
with the integrity required in the nuclear power industry to assure public health
(
and safety.
The Comission considers unimpaired job performance by each licensed Operator or Senior Operator vital in assuring safe facility operation. The NRC routinely denies Part 55 license applications or conditions operator and senior o>erator licenses if the applicant or licensee's medical condition or general 1ealth does not meet the minimum standards required for the safe I
performance of assigned job duties.
Further, under 955.25 of 10 CFR Part 55, if the licensee develops, during the term of the license, a physical or mental condition that causes the licensee to fail to meet the requirements for medical fitness, the.f acility licensee shall notify the NRC. Such conditions may I
result in the individual's license being modified, suspended, or revoked.
The power reactnr facility licensee is further required, under 526.20(a) of 10 CFR Part 20 to have written policies and procedures that address fitness-for-duty requirements for abuse of prescription and over-the-counter drugs and other factors that could affect fitness-for-duty such as mental stress, fatigue and illness.
c lI j
-3 i
To be consistent with this proposec' rule, the Comission expects that these policies and procedures will require the Part 55 licensee to report the use of i
such drugs for evaluation by the nedical review officer.
The use of alcohol and drugs can directly impair job performance. Other causes of impairment include use of prescription and over-the-counter medications, emotional and mental stress, fatigue, illness, and physical and psychological
+
impairments. The effects of alcohol, which is a drug, are well known and documented and, therefore, ere not repeated here. Drugs such as marijuana, sedatives, hallucinogens, and high doses of stimulants could adversely affect an employee's ability to correctly judge situations and make decisions (NUREG/CR-3196, " Drug and Alcohol Abuse: The Bases for Employee Assistance Programs in the Nuclear Industry," available from the National Technical InformationService). The greatest impairment occurs shortly after use or abuse, and the negative short-term effects on human performance (including subtle or margiral imsairments that are difficult for a supervisor to detect) can last for several leurs or days. The proposed amendment to 10 CFR Part 55 will establish a new ccodition of an operator's license which will prohibit conduct of lictrsed duties while under the influence of alcohol or any prescription, over-the-counter or illegal substance which would adversely affect ptrformance of licensed duties.
The proposed amendment to Part 55 will be applicable to both power and non-power reactor licensed operators. This rulemaking is not intended to apply the provisions of 10 CFR Part 26 to non-power facility licensees, but to make it clear to all licensed reacter operators (power and non-power) through a condition of their license that use of drugs or alectM in any manner which could adversely affect performance of licensed duties will subject them to enforcement action.
As explained in the Comission's Enforcement Policy (see 53 FR 40027, i
Thursday, October 13,1988), the Comission ray take enforcement action where the conduct of the individual places in question the NRC's reasonable assurance thr.t licensed activities will be properly conducted. The Comission mey take enforcement action for reascns that would warrant refusal to issue a license on an original epplication. Accordingly, enforcement actior may be taken regarding rt.tters that raise issues of trustworthiness, reliability, use of sound judgment, integrity, competence, fitness-for-duty, or other matters that may not necessarily be a violation of specific Comission requirements.
Individuait licensed under 10 CFR Part 55 who are not reliable and trustworthy; whc heve been found, while employed by a licensed f acility and having unescorted access, to have used drugs or alcohol in a manner which caused them to violote the cutoff levels contained in 10 CFR Part 26, whether as a result of test 49 by the employing facility licensee, or by a law enforcement agency of the Federal, State or local government, or by other credible means; wili not be permitted to perform functions that could result in a risk to the he.alth and safety of the public or other workers.
Accordingly, the Comnission proposes to amend Subpart F of 10 CFR Part b5 to establish as a cordition of an operator'r license a provision precluding performance of licensed duties while under the influence of drugs or alcohol in
I
- 4*
any manner which could adversely affect performance. The Comission further proposes to amend Subpart G of 10 CFR Part 55 to provide explicit-additional notice of the terms and conditions under which a license may be revoked, suspended or modified. These provisions will apply to any Fitness-for-Duty program established by a facility licensee, whether or not required by Comission regulations, including programs which establish cutoff levels below those set by Appendix A, 10 CFR Part 26. The Comission notes, however, that it has the discretion to forego enforcement action against a licensed operator if the facility licensee established cutoff levels that are so low as to be unteasonable in terms of the uncertainties of testing. The Comission has reserved the right to review facility licensee programs agairst the performance objectives of 10 CFR Part 26, which requires reasonable detection measures. The proposed rule is not intended to impose the provisions of 10 CFR Part 26 (Fitness-for-Duty) on non-power facility licensees, but is to make compliance with the cutoff levels and the policy and procedures regarding the use of legal drugs established pursuant to Part 26 a license condition for all Part 55 licensees. Further, the proposed rule is not intended to apply enforcement sanctions against operators or senior operators for their proper use of legal over-the-counter or prescription drugs, but to require the reporting of such drug use and/or medical condition, requiring the use of drugs, to the facility licensee in order for a trtdical review officer to determine the licensees fitness for duty.
When the amended rule becomes effective, licensed operators will be subject to notices of violation, civil pentities or orders for violation of this condition. Therefore, in addition tc amending the regulations to establish the Part 55 licensee's obligations, the Comission intends to modify the NRC Enforcement Policy in conjunction with the final rulemaking.
It is the Comission's intention to modify the Enforcement Policy as follows:
In cases involving a licensed o l
fitness-for-duty requirements (perator's f ailure to meet applicable 10 CFR 55.53(j)), the NRC may issue an order, a notice of violation or a civil peralty to the Part 55 licensee, or suspend, modify or revoke the license.
These actions may be taken for the first time an individual who fails a drug or alcohol test, i.e.,
l exceeds the cutof f levels of 10 CFR Part 26 or the facilities' cutof f levels if lower.
In addition, the NRC will, as a minimum, issue an order l
to suspend the Part 55 license for up to 3 years the second time the individual exceeds those cutoff levels.
In the event there are less than 3 years remaining in the tern of the indisidual license, NRC may consider i
not renewing the individual license or issuance of a new license until the 1
3 year period is completed. The NRC will issue an order to revoke the Part 55 license the third time an individual exceeds those cutoff levels.
A licensed operator or applicant who refuses to participate in the drug and alcohol testing programs esteblished by the facility licensee or who I
is involved in the sale, use, or possession of an illegal drug may be subject to license suspension, revocation, or denial.
In addition, positive test results and failures to participate in drug and alcohol I
testing programs may be e.onsidered in making decisions concerning renewal of a Part 55 license.
1
i i
L l-l To assist in determining the severity levels of potential violations, Supplement I would be modified to provide an example at Severity Level I of a licensed operator performing duties while unfit and an example at Severity Level 111 of a licensed operator's initial failure of a drug or alcohol test.
Environmental Impact:
Categorical Exclusion i
The NRC has determined that this proposed rule is the type of action describedincategoricalexclusion10CFR51.22(c)(1). Therefore, neither an J
environmental impact statement nor an environmental assessment has been L
prepared for this proposed rule.
Paperwork Reduction Review This proposed rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 350) et seq.).
REGULATORY ANALYSIS The regulatiens in 10 CFR Part 55 establish procedures and criteria for the issuance of licenses to Operators and Senior Operators of utilization facilities licensed pursuant to the Atomic Energy Act of 1954, as amended, or Section 202 of the Energy Reorganization Act of 1974, as amended, and 10 CFR These established procedures provide for the terms and conditions
'Part 50.
upon which the Commission will issue, modify, maintain, and renew Operator and Senior Operator licenses.
Subpart F of Part 55, under 555.53 ("Concitions of Licenses"), sets forth the requirements and conditions for the maintenance of Operator and Senior Operator licenses.
Amending Subpart F to prohibit performance of licensed duties while order the influence of drugs or alcohol a manner which could adversly affect safe and competent performance of licensed duties will provide notice to licensed individuals of the gravity of violating these requirements and will provide assurance that nuclear facilities are being operated safely.
Amending Subpart G to provide explicit additional notice to licensed operators of the terns and conditions under which a license may be revoked, suspended or modified will describe circumstances in which enforcement action will be taken and the penalty for violating the conditions or cutoff levels contaired in 10 CFR Part 26.
REGULATORY FLEXIBILITY CERTIFICATION The proposed rule will not have a significant economic impact upon a substantial number of small entities. Many operator license applicants or operator licensees fall vithin the definition of small businesses found in l
l l
l Secticn 34 of the Small Business Act, 15 U.S.C. 632, or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121, or the NRC's size standards published i
December 9,1985(50FR50241). The proposed rule will only serve to provide notice to licensed individuals of the conditions under which they are expected to perform their licensed duties.
Thus, in accordance with the Regulatory Flexibility Act 5U.S.C.605(b),
the NRC hereby certifies that this rule, if promulgated, will not have a significant economic impact upon a substantial number of small entities.
BACKFIT ANALYSIS This proposed rule does not modify or add to systems, structures, components, or design of a facility; the design approval or manufacturing license for a nuclear reactor facility; or the procedures or organization required to design, construct, or operate a facility. Accordingly, no backfit analysis pursuant to 10 CFR 50.109(c) is required for this proposeo rule.
List of Subjects in 10 CFR Part 55 Manpower training programs, Nuc1 car power plants and reactors, Penalty, P,eporting and record-I:eeping requirements For the reasons set out in the preemble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 55.
PART 55 - OPERATORS' LICENSES 1.
The authority citation for Part 55 is revised to read as follows:
AUTHORITY: Sec.107,161,182, 68 Stat. 939, 946 953, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 2282); secs. 201, as amended, 202, 88 Stat.1242, as amended, 2232,(42 U.S.C. 5841, 5842).
1244 Sections 55.41, 55.43, 55.45 and 55.59 also issued under sec. 306, Pub. L.97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237).
(42 U.S.C. 2273) poses of sec. 223, 68 Stat. 958, as amended; 66 55.3, 5 For the pur issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1));
and 95 55.9, 55.23, 55.25, and 55.53(f) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
r,
-7
/
In 155.b3, paragraph (
j paragraphs (j) and (k)j) is redesignated as paragraph (1) and new 2.
are added to read as follows:
1 55.53 Conditions of licenses.
(j) The licensee shall not use alcohol within the protected area of g
power reactors, or the controlled access area of non-power reactors. The licensee shall not use, possess, or sell any illegal drugs. The licensee shall not perform activities authorized by a license issued under this part while under the influence of alcohol or any prescription, over-the-counter or illegal substance which could adversely affect his or her ability to safely and corrpetently >erform his or her licensed duties.
For the purpose of this su)section, with resp'ect to 61cchol and illegal drugs, the term "under the influence means the licensee exceeded the lower of the cutoff levels for drugs or alcohol contained in Appendix A, Part 26, of this chapter, or as established by the facility licensee. With respect to prescription and the term "under the influence" means the over-the-counter drugs,lly or physically impaired, as determined licensee could be menta by a medical review officer, in such a manner as to adversely affect his on her ability to safely and competently perform licensed duties.
(k) The licensee at power reactors shall ?articipatt in the drug and alechol testing programs estab11 sled pursuant to f
10 CFR Part 26. The licensee at non-power reactors shall participate in any drug and alcohol testing program that may be established for that non-power facility.
3.
In $55.61, a new paragraph (b)(5) is added to read as follows:
55.61 Modification and revocation of licenses.
(b)(5) For the sale, use or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites or alcohol in violation of the conditions and cutoff levels established by section 55.53 (j) of this part, or use of alcohol within the protected area of power reactors or the controlled access area of non-power reactors, or a determination of unfitness for scheduled work due to the consumption of alcohol.
i..
8-Dated at Rockville, Maryland, this day of For the Nuclear Regulatory Comission, Samuel J. Chilk Secretary of the Comission.
k e
4 i
,