ML20023B067

Request for OMB Review & Supporting Statement Re Proposed Rule to 10CFR50.54(x) Concerning Fitness for Duty.Estimated Respondent Burden Is 105,600-h

ML20023B067
Person / Time
Issue date:	12/13/1982
From:	Norry P, Scott R NRC OFFICE OF ADMINISTRATION (ADM)
To:
Shared Package
ML20023B066	List: ML20023B065 ML20023B067
References
OMB-3150-0011, OMB-3150-11, NUDOCS 8212210500
Download: ML20023B067 (8)

Text

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i R1iCUEST FUR GMB REVIEW

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(Und;r th) Paperwork R:ducti:n Act and Executiva Ordir 12Rb1)

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' ' Important - Road instructions (SF-83A) before completing this Office of Information and Regulatory Affairs form. Submit the required number of reples of SF-83 together Office of Management and Budget with the material for which review is requestod to:

Washington, D.C. 20503

3. Name(s) and telephone number (s) of person,(s) who can best

1. Departrnent/ Agency and Bureau / Office originating request.

answer questions reggr.dino. request U.S. Nuclear Reguntory Cofunission Dr. Thomas Ryan 443-5942

2. 6-digit Agency / Bureau number (first part of 11-digit Treasury 4.3-digit functional code (last part of 11-digit Treasury Account Account No.)

No) 2 7

6 3

1 5

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5. Tsti2 of enformat:on Collection or Ruietnaking.

C. Is this a rulemaking submission under Section 3504(h) of Proposed Ruie P.L. g6 5117 (Check one) 10 CFR 50.54(x), Fitness for Duty 1R No (Section 3507 submission) 2 O Yes. NPRM. Expected date of publication:

6. A.ls anyinformation collection (reporting or recordkeeping) 30 Yes.tinalrule. Espected date of publication:

Involved? (Check one)

Effective date 1 MI Yes and proposal is attached for revg D. At what phase of rulemaking is this submission made?

(Check one) 2 D Yes but proposalis not attached - skip to question D.

3 D No - skip to quest 6on D.

1 O Not applicable B. Ara the respondents primarily educationalagencies or 2 O Ma}or rule.at NPRM stage institutions oris the purpose related f0 federat education 3 D Major Final rule for which no NPRM was published programs ?

4 O Major Final rule, after publication of NPRM O Yes El No 5D Nonmajor rule, at NPRM stage 80 Nonmajorrule,atFinalstage l

COMPLETE SHADED PORTION IFINFORMATION COLLECTION PftOPOSALIS ATTACHED

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PDR ORO EUSOMs Standard Form 83 (Rev.3-81) j PDR For Use Beginning 4/1/81 !

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7. Abs' sct-Nxds and Uses (50 words orf:ss)

NRC is ' proposing to amend its ' regulations to regulate fitness for duty for personnel with un-escorted access to protected areas. Specific procedures are to be established to prevent

- access to those individuals under influence of alcohol or drugs or otherwi' e unfit for duty due s

to mental or temporary physical impairments that could affect their pe formance.

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O Yes R No i 9. Type of affected public (Check as many as apply)

22. Type of activity of affected public-indicate 3-digit Standard Industrial Classification (SIC) code (s) (up to 10) - if over 1 O IndividuaIs or households 10, check O Multiple or O All 2 O state orlocalgovernments 3 O farms 40 businesses or otherinstitutions (except farms)

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NRC licensees

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rulemaking-indicate statute, regulation, judicial decree.

(if yes. explain basis forpledge a c#.

Energy Reorganization Act of 1974 as 31.Will the proposed information cellection create a new or d "n" d nA

' ' *become part of an existing Privacy Act' system of records?If

29. Respondent's obligation to reply (Checkis~m'a'ny as apply) 4.=

• '(If yes, attach FedetalRegister notice orproposedifrait of ~

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COMPLETE ITEMS 33 THRU 35 ONLY IF RULEM AKING SUBMISSION 33.Co?pliance costs to the public

34. is there a regulatory impact

35. ls there a statutory or judicial analysis attached?

deadline affecting issuance?

s O Yes O No O Yes. Enter date:

O No CERTIFICATION eY AUTHORIZED OFFICI ALS SUBMITTING REQUEST-We certify that the information collection or rulemaking submitted for review is necessary for the proper performance of the agency's f unctions, that the procesal represents the minimum public burden and Federal cost Consistent with need, and is consistent with spolicable OM B and agency policy directives. Signature and title of:

APPAovtNG ICY orF:CIAL FoR AGENCY oATE suBMITT oFF oATE h.3

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Patricia G. Norry R. Step en Sco

I SUPPORTING STATEMENT FOR PROPOSED REQUIREMENTS FOR FITNESS FOR DUTY FOR PERSONNEL WITH UNESCORTED ACCESS TO PROTECTED AREAS j

1.

JUSTIFICATION The U. S. Nuclear Regulatory Commission (NRC),

concerned about the personal reliability of employees who have unescorted access to protected and vital areas of nuclear power stations, is proposing a personnel fitness for duty rule.

The rule requires that operating stations establish and maintain observation and assistance programs which will ensure that persons who abuse alcohol or other drugs, or who are otherwise emotionally unstable, are detected and appropriate remedial action taken. The rule is directed primarily at the potential alcohol-drug abuse problem within the nuclear industry.

Alcohol and drug abuse is a social, medical and safety problem of national (international) scope, and affects people in almost every industry and occupational group.

For example, the National Institute on Alcoho.1 Abuse and Alcoholism, in its 1981 Report to Congress, reports that 46% of all non-fatal and 40% of all fatal U.S.

industrial accidents involve alcohol, at an annual cost of 512-15 billion. Given the pervasiveness of the problem in our society, it would be unrealistic to assume that alcohol-drug abuse does not touch the nuclear industry.

A recent Tennessee Valley Authority (TVA) 1979 Report on its Alcohol and Drug Dependency Program states that the program served 350 employees during that year (one out of every 143).

Of these cases 90% were alcohol related.

TVA estimates that its annual cost due to alcohol abuse alone is approximately l

$18.5 million.

More recently, NRC Inspection and Enforcement (IE)

Information Notice No. 82-05, " Increasing Frequency of Drug-Related l

Incidents," reports a steadily increasing number of drug related arrests and terminations occuring industry-wide since 1978.

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-Since operation of a nuclear power station by personnel alcohol or drug impaired,. or otherwide unfit for duty, would degrade the ifcensee's ability to operate the station in a safe manner, development of a rule concerning personnel fitness for duty has been deternined by the Commission to be necessary to protect the health and safisty of,the public. Therefore, the Commission is proposing a rule (amendment to 10 CFR 50.54) that would require each nuclear power stations issued an operating license under 10 CFR 50.21(b) or 10 CFR 50.22 to: (1) establish, document and implement adequate written procedures to provide reasonable assurance that all persons with access to protected.' areas, while on site, are not (a) under the influence of alcohol or other drugs, or (b) otherwise unfit because of temporary mental or. physical impairments that could affect their behavior in any way contrary to safety; and (2) maintain current records of these procedures for the period of the station's operating license.

The subject of this supporting statement is the requirement that 10 CFR 50.21 (b) and 50.22 operating licensees document in writing their procedures for conducting personnel fitness for duty programs, under the provisions of the proposed rule (amendment to 10 CFR 50.54).

Records of these procedures would be subject to audit by the NRC on an annual basis.

2.

DESCRIPTION OF THE INFORMATION COLLECTION The requirement to document in writing procedures for conducting a f

p.ersonnel fitness for duty program, under provisions of the 10 CFR 50.54 (z) rulemaking, would apply to each of approximately 57 nuclet r I

power stations (1982) hciding an operating license.

It is estimated that the number of nuclear power stations holding operating licenses will increase approximately 40% ov'er the current 57 to a total of approximately 80 by the end of 1985. Written procedures required under the proposed rulemaking would be documented on a one-time basis by each licensee, and be subject to audit on an annual basis by the NRC.

This would involve approximately 57 procedures currently, increasing by approximately 23 procedures by the end of 1985, to a total.of approximately 8G procedures.

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i 3.

' TIME SCHEDULE Each nuclear rower station issued an operating license under the provisions of 10 CFR 50.21 (b) or 10 CFR 50.22 would be required to develop written personnel fitness for duty program procedures within one year after the effective date of the proposed rule, or the,date of issuance of an operating license, which ever is later. The requirement of fitness for duty program written procedures would be on a one time only basis and would not be repeated except to correct deficiencies noted during annual. audits by the NRC.

4.

CONSULTA'TIONS OUTSIDE NRC The propnsed personnel fitness for duty rule (amendment to 10 CFR 50.54 (z)) was published in the Federal Register (47 FR 33980). Affected licensees and applicants were notified individually,in order to solicit comments and suggestions on the rule.

The rule was finalized, in part, after consultation with the NRC-IE Drug Abuse Task Force and 10 licensed power stations, two Federal agencies, and two large corporations not in the nuclear industry.

5.

ESTIMATE OF COMPLIANCE BURDEN Time burden estimates listed below for licensees to establish and i

maintain written procedures and records prescribed in the proposeu fitness for duty rule were developed from similar programs in civilian.

Government, military and non-nuclear industry.

Time burden estimates assume that written responses to the fitness for duty rule would include but not be limited to: (1) role descriptions for program coordinator, management, supervisors and employees; (2) observation procedure; (3) procedure (diagnosis, referral, return to duty) for assisting individuals who meet criteria for alcohol-drug' abuse or emotional instability; (4) administrative procedure for processing individuals who fail or refuse assistance and/or who wish to exercise their appeal rights; (5) awareness

~ and education materials for plant personnel and management; and (6) procedure for recording kee' ping and monitoring individuals undergoing assistance or administrative processing.

Additionally, the NRC has underway research to further refine requirements for fitness for duty programs in the nuclear industry.

Should results derived from this research suggest revisions to the. time burden estimates below, an amended justification statement will be submitted to OMB for approval.

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.The time burden required for each of approximately 57 current licensed nuclear power stations to establish written fitness for duty falcohol, oi.her drugs, otherwise unfit for duty) procedures under the provisions of the proposed rule will be approximately 1200 man-hours; for a total of 68,400 man-hours industry-wide.

An additional 27,600 man-hours will be required through the end of 1985, due to an anticipated 23 new stations being licensed. Therefore, the total time burden to establish program written procedures industry-wide through the end of 1985 is approximately 96,000 man-hours (80 stations X 1200 man-hours).

Time burden to maintain written procedures is approximately 120 man-hours per station per year. The current total industry-wide is 6840 man-hours annually, increasing to approximately 9,600 man-hours annually by the end of 1985 (80 stations X 120 mari-hours annually).

6.

SENSITIVE QUESTIONS None 7.

ESTIMATE OF COST TO THE FEDERAL GOVERNMENT Annual audits of personnel fitness for duty program procedures by the NRC staff will require approximately two man-days per year per station.

The total current annual cost to the Federal Government, based on an hourly rate of $80, would be $72,960 (57 stations X 8 man-hours X 2 days X $80).

This annual cost to the Federal Government would increase to approximately $102,400 by the end of 1985, due to the addition of.23 new stations (80 stations X 8 man-hours.

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X 2 days X $80).

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33930 Feder:1 R:gi:ter / V. 47. Nr.151 / Rursd';y, August 5,1982 / Proposed Rules revision of the specified percentages Regulatory Commission, Washington.

access to the protected area of the pursu:nt to11030.7(b)(5):

D.C. 20555, Telephone (301) 443-5942.

licensed facility are not unfit for dtfly.

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SUPPLEMENTARY INFORMAT109C De At this time, establishment of specific gra ow eseneesds-4-ar,esss=1 - -

Commission has found that the number criteria to be used to determine fitness or. m a coes so m s r-of reported drug.related incidents in for duty and specific methods of which licensee or contractor employees implementation of this requirement have

• * ~ ~ ' ~ '

. NtiCLEAR REGULATORY,..-

were arrested or terminated has beenleft to thelicensee.%e -

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issio so ts public e

n increased substantially over the past COMMISSION three years. In 1979 there was one such criteria (such as the Federal Aviation reported incident. in 1980 there were 10 CFR Part 50 s'

five, and in 1981 there were twelve.

Administration,s regulations regarding

- crew r6cmbers of civil aircraft in 14 CFR j

- Dese incidents have involved both Pzrrnnel With Unescorted Access to onsite use orpossession of drugs and 91.11[a)) for nuclear plant personnel: (2),

Prainted Areas; Fitness for Duty personnel reporting to work under the specific methods of implementation of Co m1 s "

ua a b

em s f enh C

5

' reported controlled substance involved investigations, psycholog.ical tests.

ACTCN: Proposed rule.

In these incidents; however, incidents behavioral observation programs, CUMMARY:%e Commission is proposing, involving amphetamines, cocaine.

e s stance programs, and to cmind its regulations to require

(, hashish phen clidme, and other possible implementation methaqualone ave also been reported.

measures; and (3) limiting the scope of c mmercial and industrial facilities licensed under to CFR 50.22 (primarily,f

. As a result of these incidents, the NRC the rule to personnel with unescorted nuclear power plant licensees) to -

Office nfInspection and Enforcem'ent access to vital areas (generally, a establish and implement controls (IE)has established a Dmg AbuseTask

[rotected area is any area encompassed

' designed to assure that personnel with Force to develop a generic approach to y physical barriers and to which access unescorted access to protected areas are the problem of possible drug (in'cluding is controlled, while a vital area is any n:t under the inf!uence of drugs or alhohol) abuse by licensee or contractor area that contains vital equipment.

c1cohol or otherwise unfit for duty.The personnel.IEis developing a NUREG

%ese terms are specifically defined in proposed rule was developed because of report which describes current practice to CFR 73.2)'

ersonnel could e concern that certainfu.e to the effects' regarding the abuse of drugs and alcohol "ne Conunisdon wants to aUow each become unfit for duty

" by other regulatory organizations and by cf substances such as alcohol or drugs industry.The NUREG report, entitled take into co I er to not n f rness end, thereby, could perform actions that

" Survey ofIndostry and Government -

to and due pro e as 7or its emp;oyees, mi ht adversely impact the health and Programs to Combat Drug and Alcohol but also any conditions or t

s fety of the public.The result of the Abuse." should rove useful to licensees proposed rule would be the when they devefop the fitness for duty circumstances unique to us fachy.,

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irnplementation of fitness for duty programs that would be required by the

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progrsms Industry. wide that wouleater assurance of proposed rule.,

, comment on the level of specificity that designed to provi e The proposed rule would apply to the should be included in the proposed rule. '

safer and more re e opera on o 1 censees' employees and contractor Commissioner Gilinsky has requested nuclear facilities.

personnelwith unescorted access to comments on whether the rule should DAfts: Comment period expires October protected areas of facilities issued also apply toNRC personnel and on 4.1982. Comments received after this operatinglicenscs under10 CFR 50.21(b) whether there should be specific blood date will be considered ifit is practical or 10 CFR 50.22.This category of alcohollevellimits.

to do so, but assurance of consideration personnel was choser:because any ~

'cannot be given except af to pomments person with unescorted access to a Paperwork Reduction Act received on or before this date.

protected area may have the opportunity As required by Pub. l.96-511. this Acontssts: Submit written comments to affect adversely the health and safety proposed rule has been sabmitted to t'he and suSEestions on the proposal and/or o!the public through an unobserved act.

Office of hianagement and Budget for the supporting value/ impact analysis to whether intentional or ina dvertent. It clearance of its information collection the Secretary of the Commission. U.S.

does not include NRC personnel.

requirements.

Parsons w' uld be considered unfit for l

Nuclear Regulatory Commission.

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Washington. D.C. 20555. Attention:

duty if their faculties were affected in a Regulatory flexibility Act Certification Docketing and Service Branch. Single way contrary to safety by substances Based upon the information available copies of the value/crpact analysis may such c's alcohol or drugs. Additionally.

'at this stage of the rulemaking be obtained on request from the contact the phrase "* *

• or otherwise unfit for proceeding and in accordance with the persun listed below. Copies of duty * * *"is intended to require Regulatory Flexibility Act of 1980. 5 comments received on theproposed consideration of the effects of other U.S.C. 005(b), the Commission hereby smendment and the value/ impact factors when detcunining an certifies that. if promulgated, th!s rule cnalysis may be examined and copied Individual's fitness for duty such as will not have a significant economic for a fee in the Commission's Public fatigue, stress. illnest, and temporary impact on a substantial number of small Document Room at 1717 H Street NW physica11mpairments.

entities.%is proposed rule affects Washington, D.C. betw een 8:15 a.m. and ne proposed rule would require '

personnel with unescorted access to 5:00 p.m.

commercial and industrial facilitiesi protected areas of facilitics licensed Pfe:1 FURTHER INFORdATION CONTACT:

licensed under 10 CFR 50.22 to establish. under the provisions of10 CFR 50.:'.:' for Ellis W.hierschoff. Office of Nuclear document, and impicment procedures to which an operatir.g license has born R:gulatory Research. U.S. Nuclear assure that personnel with unescorted granted. The companies that own these i

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Federal.itegister / Vol. 42, No.151 / 'Ihursday, August 5,1982 /, Proposed Rules

' 33981*'

m facilitics do not fall within the scope of

3. A new paragraph (x)is ad.5ed to Room 711, Civil Aeronautics Boart!.1825

• small entitles" set forth in the l 50.54 to read as follows:

Connecticut Avenue,N.W., Washington, f,-

Regulatory Flexibility Act or the small -

D.C. as soon as they are received.

l 50.54 conditions et licenses, busJli ns7ss"'Jbyis"SmMusiness i " 'i dard "a aa ea '~roa"^"oa a"'^cr reg Administration in 13 CFR Part 121.

(x)(1) Esch licensee with an operating Richard M. Lough!!n, Chief, or Patricia 1.

While it is recognized that the c & -

license issued under i 50.21(b) or i 50.22 DcPuy Assistant Chief, Regulatory

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contractors may fall within the scope of shall establish, document, and Affairs Division Dureau ofInternational small entities, it has been determined implement adequate written procedures Aviation (202-473.,5878) Civil that the impact on those contractors due designed to ensure that, while on duty, Aeronautics Bcard.1825 Connecticut to the implementation of this rule does the licensee's and its contractors Avenue. N.W., Washington, D.C. 20428.

not meet the threshold of a significant Personnel with unescorted access to

. SUPPLEMENTARY INFORMATION:

economic impact.However,if any protected areas are not-independent contractor who services (i) Under the influence of alcohol:

Background

nuclear power plants or components.

(ii) Using any drugs that affect their On June 4,1982, the Covernments of believes there would be significant faculties in any way contrary to safety: - the United States and Japan concluded a economic Impact, the contractor should or-provisional, interim agreement that for comment on this to the Commission.

(iii) Othe,rwise unfit for duty because the first time prevides U.S. designated List of Subjects in 10 CFR Part 50 p

nts 1.

uld ffe eir t to pe e arter e ces th Antitrust, Classified information Fire. performance in any away contrary to U.S.-}apan market under country.cf-prevention, Intergovernmental relations, safety. '.

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(2) Each licensee shaU maintain th"eorigin rules. It in especiaDy significant in Nuclear power plants and reactors, that, heretofore, nondesignated carriers Penalty, Radiation protection, Reactor.

written records of these procedures for have been severely restricted in siting criteria, Reporting requirements., thelife of the plant.-

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• performing charters in Japan markets, PART 50-DOMESTIC LICENSING OF Dated at Washington. D.C this 30th day of and the designated scheduled. carriers Juj,1982.

. all wed to so participate were required y

PRODUCTION AND UTILIZATION For the Nuclear Regulatory Commission.

to adhere to the more stringent FACUTIES John C Hoyla, charterworthiness rules of Japan.

For the reasons set out in the.

Activ centaryof43,commisslan.

While representing a significant step' s

preamble and pursuant to the Atomic -

gra o sr. ems n.a w.aa aes g.

forward in U.S.. Japan charter relations, Energy Act of1954, as amended, the the Interim Agreement does limit the.

Energy Reorganization Act of197,4, as.

sumo coot rsews-as,'

number of charters that may be amended, and section 553 of Title 5 of operated in any one year to 300 one-way the United States Code, notice is hereby CIVIL AERONAUTICS BOARD

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given that adoption of the foUowing,

charter flights for the airlines of each country.In light of the large amount of amendment to 10 CFR Part 501s 14 CFR Part 320 Interest already shown by U.S. carrien a

a 1.

e a th rity citation'for Part 50 iP R-79;Dochet:40891; Dated:Jufy30, continues to read as foUows:

I s

anticipation of its imminent formal Authodty: Sea. 103,104.161,182,183,18(

Procedures for Awarding 3apanese ratification, we believe it necessary to 68 Stat. 936. 937,948,953. 954. 955. 056, as Charter Authorizations adopt, on an emergency basis. -

amended (42 U.S.C 2133. 2134,2201,2232 -

2233,2239): sece. 201. 202. 20s. 88 Stat.1243,. AcENCY: Civil Aeronautics Board.

temporaryprocedurcs to goiers the alloca' tion of the first year's 300 charter 12

46. (

.S C 5841,5842,5846), unless Action: Notice of proposed rulemaking.

flight authorizations among those U.S.

Section 50.78 also issued under sec.1'22. 68 e

e y tak 6em.

SUMMARY

An int'erim agreement Stat. 939 (42 U.S.C 2152). Sections 50.80-50.81 between the U.S. and Japan aUows esch We would, of, course, prefer not to also issued under sec.184. 68 Stat. 954, ae amended (42 U.S.C 2234). Sections 50.100-country's airlines to perform 300 one-have to allocate these newly won to issued under sec.180. c8 Stat 955 (42 way charter flights between the two charter rights. However, their limited o ntries each year.The CAB proposes availability and potential to s:gnificantly For tee purposes of sec. 223. 68 Stat. 958, as procedures for allocating the first year's, affect U.S.-Japan air service amended (42 U.S C 22731. Il 50.10 (a). (b).

300 flights to intcrested U.S. airlines.

opportunities, coupled with our desire to and Jc). 50.44. 50.46. 50.4a. 50.54. and 50.80(a)

Grandfather authority would be allotted ensure that they are promptly and are issued under sec.161b. 68 Stat. 948, as to certain airlines and the remaining equitably distributed, persuade us that amended (42 U.S.C 2201(bl): 1i 50.10 (b) and flights would be awarded by lottery, the more responsible course of action is (c) and 50.54 are issued under sec.1611.68 for us, at the outset, to establish DATES: Comments by: August 12.1982.

Stat. 949, as amended (42 U.S.C 2201(i)): and t 150 55(e). 50 59(b). 50.70,50.71,50.72, and Commente and other relevant procedures to govern their use.8 5038 are issued under sec.101o,68 Stat.950, information received after this date will.

'On lune 2& 198:. we Inved a press release (CAB

,\\

as amended (42 U.S.C 2201[o)).

. be considered by the Board only to the s2-99) suouncing our antention to ut.%sh an

2. A new paragraph (y)is added to extent ptseticable.

S orderly allocation prosram and the inierus

'i 150.2 to read as follows:.

ADDRESSES: Twenty copies of comments l oL'g da, ' (a rr '

r t at s

3 should be sent to Docket 40891, Civil under delcrated authoroy. reierteo a nuc c%aner

! 50.2 Definitiona.

,~

Aeronautics Board.1825 Connecticut prospectus nled by over.c.s National A9ws3 s

' Avenue, N.W., Wa shing1cn, D.C. 20428.

Itad it been accepted. the rm ree*us =.uid hae encompassed by phys,means an Area (y) ** Protected area" Individuals may submit their views as

$',d h*h"rteN'k"U'rN#Ec iN[oN na tr 2

ical bestriers and consumers without filing multiple may charter entitlemeni noNA h.s retioned us to which access is controUed.

copics. Comments may be examined in to review the siafra acunn i

-