ML20045F791
| ML20045F791 | |
| Person / Time | |
|---|---|
| Issue date: | 05/27/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-57FR18415, RULE-PR-26, RULE-PR-70, RULE-PR-73 NUDOCS 9307090017 | |
| Download: ML20045F791 (21) | |
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[7590-011 tiUCLEAR REGULATORY COMMISSION 93 ""' 27 P 3 :01 10 CFR Parts 25, 70, and 73 RIf4 3150-AD6B Fitness-For-Duty Requirements for Licensees Authorized to Possess, Use, or Transport Formula Quantities of Strategic Special fluclear Material AGENCY:
Nuclear Regulatory Commission.
l ACTIO!1:
Final rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations to require licensees who are authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSf;M) to institute fitness-for-duty programs.
The amended regulation is limited to licensees who are authorized to possess, use, or transport unirradiated Category I Haterial.
l This action is necessary to provide greater assurance that individuals who have a drug or alcohol problem do not have access to or control over SSNM.
t EFFECTIVE DATE:
(180 days after publication in the Federal Register)
FOR FURTHER If4FORMATI0fl CONTACT:
Stanley P. Turel, Division of Regulatory Applications, Office of fluclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3739.
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SUPPLEMENTARY INFORMATION:
Background
The NRC recognizes drug and alcohol abuse to be a social, medical, and safety problem affecting every segment of our society.
Given the pervasiveness of the problem, it must be recognized to exist to some extent in i
the nuclear industry.
Accordingly, on June 7,1989 (54 FR 24468), the Commission published a final rule that required licensees authorized to construct or operate nuclear power plants to implement a fitness-for-duty program.
During the first year (calendar year 1990) of drug and alcohol testing of nuclear power plant workers, approximately one percent of all tests administerec under the Part 26 requirements were positive. The NRC has no reason to believe that the incidence of positive tests for workers affected by this rulemaking would be appreciably different.
However, existing regulations containea in 10 CFR Part 26 do not contain fitness-for-duty requirements for licensees authorized to possess, use, or transport formula quantities of SSNH.
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Summary of Public Comment i
On April 30,1992 (57 FR 18415), the Commission published a proposed rule in the Federal Register which would require this category of licensee to implement fitness-for-duty requirements.
The 90-day comment period cxpired on July 29, 1992.
Three comment letters were received: one from an SSNM licensee, une from a trade association, and one from a private citizen. The private citizen was in favor of the rule.
The licensee was against the L
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C promulgation of the rule, stating that it was unnecessary and burcensome. The-i trade association was neutral about the rule provided it did not cause duplicate rancom testing.
Changes have been made in the final rule in response to the public i
comments to better equate the requirements of random testing to the. risk of diversion and to prevent the duplication of chemical testing of some drivers of transport vehicles.
A summary of the comments received and the NRC's responses are presented below.
1.
Comment.
Diversion of special nuclear material is not more likely l
by persons with drug or alcohol problems.
Resoonse. A substance abuser is more vulnerable to coercion and may be more easily suborned into cooperating, actively or passively, in a diversion of SSNM.
Also, an individual under the influence of drugs or alcohol will not be as effective in conducting his or her safeguards responsibilities.
For these reasons, the NRC believes it essential that these individuals are not permitted access to or control over SSNM or be responsible for any safeguards functions.
2.
Comment.
Public safety could not be seriously threatened by impaired workers.
Resoonse.
The NRC does not fully agree with this comment.
The effects of most mistakes by impaired workers are expected to be largely contained within the boundaries of the f acility with little or no consequence to the general public.
However, the potential for more serious consequences exists.
The impaired worker is a danger to himself and his coworkers and is of concern to the Commission.
Further, the theft of SSNM could pose a serious threat to the national security.
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3.
Ccement.
Current tiRC anc DOE requirements already address trustworthiness of personnel by requiring security clearances for certain i
jobs.
Resconse.
Current flRC regulations do require security clearances for sertain jobs.
However, the security clearance investigation alone might not detect a drug habit. Moreover, the current 5-year period between j
reinvestigations is too long for the timely detection of individuals who become substance abusers during that time.
4.
Comment.
Because of the " Drug-Free Workplace Act of 1988," adequate drug and alcohol programs are already in effect at the proposed licensee i
facilities.
Response.
When issuing the Part 26 fitness-for-duty rule in 1989, i
the Commission determined that, to be both effective and appropriate for assuring protection of the health and safety of the public, the fitness-for-duty program must include random, unannounced, urinalysis for drugs and breath testing for alcohol.
The Drug-Free Workplace Act of 1988 does not require f
I testing under any circumstances.
Although a licensee's program may currently contain some testing provisions, in the Commission's view, it would not be i
adequate without the provision for random testing.
5.
Comment.
Implementation costs for the new rule would be very high
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i but the results would be minimal.
i Pesconse.
A f acility that already has a limited fitness-for-duty i
program would have less implementation and continuing costs than one that does not.
However, the costs may be as high as $500,000 the first year and 5400,000 annually thereafter.
On the other hand, random testing of persons in f
a cosition to divert or conceal a diversion of SStiti at the facility would
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strengthen the safeguarding of the SSNA.
Moreover, experience with. random testing programs implemented by NRC and oiber federal agencies indicates that rancom testing effectively detects and strongly deters substance abuse in the wo rkpl ace.
6.
Comment.
Any category of worker that deals with the pnysical material or its primary " paper trail" should not be exempted from random testing. NRC snould require licensees to ensure that workers do not come to work so impaired by distraction, fatigue, or infirmity that they cannot perform at a minimally acceptable level.
Pescense.
The revisions to 10 CFR Part 26 will require random testing for all employees who:
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(1) Are granted unescorted access to SSNM that is directly useable in the manufacture of a nuclear explosive device and would be easily concealed and removed by an individual (Category IA Material);
(2) Create or have access to procedures or records for safeguarding SSNM; (3) Make measurements of Category IA Material; (4) Transport or escort Category IA Material; or (5) Guard Category IA Material.
Category IA Material is defined in 5 26.3 Definitions.
The other impairments listed by the commenter are addressed in 5 5 26.10 and 26.20 of this rule.
7.
Comment.
The proposed drug and alcohol testing requirements should not be applied to railroads because they would duplicate the Federal Railroad Administration's testing program.
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Response.
Transporters of SStiM who are subject to DOT crug and alcohol fitness programs that have random testing for drugs and alcohol are exempt from the requirements of this rule.
1 Discussion 2
The final rule differs from the proposed rule in the folicwing ways.
Chemical testing is required only for those who have unescorted access to easily concealed SStiM.
This was done by removing the term Category I Material from the definitions section (10 CFR 26.3) and replacing it with the term Category IA Material (this term is also defined in 10 CFR 74).
Category IA tiaterial is defined as SSf4M directly useable in the manufacture of a nuclear explosive device, except if:
(1) The dimensions are large enough (at least 2 meters in one dimension, greater than 1 meter in each of two dimensions, or greater than 25 cm in each of three dimensions) to preclude hiding the item on an individual; i
(2) The total weight of 5 formula kilograms of SStiM plus its matrix (at least 50 kilograms) cannot be carried inconspicuously by one person; or (3) The quantity of SStiM (less than 0.05 formula kilogram) in each container requires protracted diversions in order to accumulate 5 formula l
kilograms which may be easily concealed on an individual.
The term Category IA Material has been substituted throughout the body of the rule in place of Category 1 Material.
All transporters of SSNM who are i
i subject to DOT's drug and alcohol fitness programs that have random testing i
for drugs and alcohol are exempt from this rule.
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-l The licensee personnel suoject to this final rulemaking will be subject
't to a 100 percent annual random testing rate, the same as.the rate that l
currently applies to power reactor employees. However, there is a proposed-l l
rulemaking being prepared that will reduce that random testing rate to.50 percent.
If that proposal beccmes final it will also h ve the effect of-I reducing the rate to 50 percent for those licensees that are affected by this j
i final rulemaking.
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Applicability of Criminal Penalties i
In this final rule the amendments to the following sections of the l
cocified regulations are issued under the authority of Secs.161b,1611, or 1610 of the Atomic Energy Act of 1954, as amended, and therefore violations f
may be subject to the Criminal Penalty provisions of Sec. 223 of the Atomic Energy Act: 10 CFR 26.10, 26.24, 26.27, 26.73; 10 CFR Part 26, Appendix A;
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Finding of No Significant Environmental Impact: Availability l
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The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of l
10 CFR Part 51, that this rule will not be a major Federal action 3
significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required.
The amendment will require subjecting certain licensee employees to a fitness-for-duty program of random tests for the use of drugs or alcohol.
Specifically, all persons who are 7
i (1) Granted unescorted access to Category. IA Material; (2) Given responsibilities to create or.have access to procedures or
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records for safeguarding SSNM; (3) Given responsibilities to measure Category IA Material;
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(4) Given responsibilities to transport or escort Category !A Material; j
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(5) Given responsibilities to guard Category IA Material will be subject f
to the program.
1 These requirements have no identifiable environmental impact.
The environmental assessment and finding of no significant impact on j
which this determination is based are available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
Single f
copies of the environmental assessment and the finding of no significant a
i impact may be obtained from Stanley P. Turel, Division of Regulatory
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Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory t
Commission, Washington, DC 20555, telephone (301) 492-3739.
j Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq). These i
requirements and amendments were approved by the Office of Management and j
Budget, approval number 3150-0146.
The public reporting burden for this collection of information is estimated to average 29 hours3.356481e-4 days <br />0.00806 hours <br />4.794974e-5 weeks <br />1.10345e-5 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the b
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data needed, anc ccmoletir.g anc reviewing the collection of information. Send comments regarcing this burden estimate or any other aspect of this collection i
of information, including suggestions for reducing this burden, to the
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Information and Records Management Eranch (MNSB-7714), U.S. Nuclear Regulatory Ccrmission, Washington, DC 20555, and to the Cesk Officer, Office of
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Information and Regulatory Aff airs, NE0B-3019, (3150-0146), Office of l
Management and Buoget, Wasningt:n, DC 20503.
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Regulatory Analysis i
The NRC nas prepare: a regulatory analysis for this regulation.
The analysis examines the costs anc benefits of the alternatives considered by the Commission.
The analysis is available for inspection in the NRC Public i
Document Room. 2120 L Street NW. (Lower Level), Washington, DC. Single copies i
of the analysis may be obtainec from Stanley P. Turel, Division of Regulatory Apolications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3739.
j Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule does not have a significant 1
i economic impact on a substantial number of small entities. This rule affects l
licensees who are authorized to possess, use, or transport formula quantities 4
of SSNM.
These licensees do r.ct f all within the scope of the cefinition of j
"small entities" set forth in the Small Eusiness Size Standards adopted by the i
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ComT.1ssicn in 1985 (Decemoer 9, 1985; 50 FR 50241 and Novemoer 5. 1991;-56 FR 55571).
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not appia to this final rule because these amendments do not impose recuirements on existing 10 CFR Part 50 licensees.
Therefore, a backfit analysis is not recuirea for this rule.
List of Subjects 10 CFR Part 25 Alcohol abuse, Alcohol testing, Appeals, Chemical testing, Criminal penalties, Drug abuse, Drug testing, Employee assistance programs, Fitness for duty, Hazardous materials - transportation, Management actions, Nuclear power reactors, Protection of information, Reporting and recordkeeping requirements, and Special nuclear material.
10 CFR Part 70 Criminal penalties, Hazardous materials - transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, and Special nuclear material.
10 CFR Part 73 Criminal penalties, Hazardous materials - transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Reporting anc recordkeeping requirements, and Security measures.
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For the reasons stated in the preamole and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, r
as amenced, and 5 U.S.C. 552 and 553, the NRC is_ adopting the following amendments to 10 CFR Parts 26, 70, and 73.
f PART 26 - FITNESS-FOR-DUTY PROGRAMS i
1.
The authority citation for Part 26 continues to read as follows:
AUTHORITY:
Secs. 53, 81,103,104,107,161, 68 Stat. 930, 935, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, 2201); secs. 201, 202, 206, 28 Stat. 1242, 1244, 1246, as amended (42 U.S.C.
5841, 5842, 5846).
2.
Section 26.1 is revised to read as follows:
1_26.1 Purcose.
This part prescribes requirements and standards for the establishment and maintenance of certain aspects of fitness-for-duty programs and procedures by the licensed nuclear power industry, and by licensees authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM).
l 3.
Section 26.2 is revised to read as follows:
5 26.2 Stoce.
(a)
The regulations in this part apply to licensees authorized to operate a nuclear power reactor, to possess or use formula quantities of SSNM, or to transcort formula quantities of SSNM.
Each licensee shall implement a 11 P
fitness-for-duty program which complies with this part.
The provisions of the.
' fitness-for-duty program'must acply to all persons granted unesccrted access l
to nuclear power plant protected areas, to licensee, vendor, or centractor personnel required to physically report to a licensee's Technical Support Center (TSC) or Emergency Operations Facility (EOF) in accordance with licensee emergency plans and procedures, and to SSNM licensee and transporter personnel who:
(1) Are granted unescorted access to Category IA Material; (2) Create or have access to procedures or records for safeguarding SSNM; (3) Make measurements of Category IA Material; (4) Transport or escort Category 1A Material; or (5) Guard Category IA Material.
(b) The regulations in this part do not apply to NRC employees, to law enforcement personnel, or offsite emergency fire and medical response personnel while responding onsite, or SSNM transporters who are subject to U.
S. Department of Transportation drug or alcohol fitness programs that require random testing for drugs and alcohol.
The regulations in this part also do not apply to spent fuel storage facility licensees or non-power reactor l
licensees who possess, use, or transport formula quantities of irradiated SSNH i
as these materials are exempt from the Category I physical protection requirements as set forth in 10 CFR Part 73.6.
(c) Certain regulations in this part apply to licensees holding permits.
to construct a nuclear power plant.
Each construction permit holder, with a plant under active construction, shall comply with 55 26.10, 26.20, 26.23, 26.70, and 26.73 of this part; shall implement a chemical testing program, 12 I
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including random tests; and shall make provisions for employee assistance programs, imposition of sanctions, appeals procedures, the protection of information, and recordkeeping.
4.
In s 26.3, the terms Cateoory T A Material, and Transcorter are added to read as follows:
4 26.3 Definitions.
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r Cateacrv I A Material means strategic special nuclear mater 1al (SSNM) directly useable in the manufacture of a nuclear explosive device. except if:
(1) Ti.e aimensions are large enough (at least 2 meters in one dimension, greater than 1 meter in each of two dimensions, or greater than 25 cm in each of three dimensions) to preclude hiding the item on an individual; (2) The total weight of 5 formula kilograms of SSNM plus its matrix (at least 50 kilograms) cannot be carried inconspicuously by one person; or (3) The quantity of SSNM (less than 0.05 formula kilogram) in each container requires protracted diversions in order to accumulate 5 formula kilograms.
Transocrter means a general licensee pursuant to 10 CFR 70.20a, who is authorized to possess formula quantities of S5 tim in the regular course of carriage for another or storage incident thereto, and includes the driver or operator of any conveyance, and the accompanying guards or escorts.
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5.
In s 26.10, the introductory text anc paragraph (a) are revised to read as follows:
? 26.10 General performance objectives.
Fitness-for-duty programs must:
(a)
Provide reasonable assurance that nuclear power plant personnel, transporter personnel, and personnel of licensees authorized to possess or use formula quantities of SSNM, will perform their tasks in a reliable and trustworthy manner and are not under the influence of any substance, legal or l
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illegal, or mentally or physically impaired from any cause, which in any way aaversely affects their ability to safely and competently perform their duties; 6.
In s 26.24, paragraphs (a)(2) and (b) are revised to read as follows:
s 26.24 Chemical and alcohol testina.
(a)
(2) Unannounced drug and alcohol tests imposed in a statistically random and unpredictable manner so that all persons in the population subject to testing have an equal probability of being selected and te.sted. The tests must be administered so that a person completing a test is immediately eligible for another unannounced test.
As a minimum, tests must be administered on a nominal weekly frequency and at various times during the 14
cay.
Rano:n testing snall be conducted at an annual rate equal to at least 100 percent of the workforce.
(b)
Testing for drugs and alcohol, at a minimum, must conform to the
" Guidelines for Drug and Alcohol Testing Programs," issued by the Nuclear i
Regulatory Commission and appearing in Appendix A to this rule, hereinafter referred to as the NRC Guidelines.
Licensees, at their discretion, may implement ;rograms with more stringent standards (e.g., -lower cutoff levels, broader panel of drugs).
All requirements in this part still apply to persons who f ail a ore stringent standard, but do not test positive under the NRC Guidelines. Management actions must be the same with the more stringent stancards as if the individual had failed the NRC standards.
7.
In 5 26.27, paragraphs (a), (b)(2), and (b)(3) are revised to c
read as follows:
i 1 26.27 Manaaement actions and sanctions to be imoosed.
(a)(1)
The licensee shall obtain a written statement from the t
individuai as to whether activities within the scope of this part were ever denied the individual before the initial--
(i)
Granting of unescorted access to a nuclear power plant protected area; i
(ii) Granting of unescorted access by a formula quantity SSNM licensee to Category IA Material; (iii) Assignment to create or the initial granting of access to i
safeguards of procedures for SSNM; 15 t
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(iv)
Assignment to measure Category IA Material; f
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Assignment to transport or escort Category IA Material; l
(vi)
Assignment to guard Category lA Material; or (vii) Assignment to activities within the scope of this part to any l
person.
(2)
The licensee, as applicable, shall complete a suitable inquiry on a i
best-efforts basis to determine if that person was, in the past--
t (i)
Tested positive for drugs or use of alcohol that resulted in on-i duty impairment; (ii)
Subject to a plan for treating substance abuse (except for self-referral for treatment);
(iii) Removed from activities within the scope of this part; (iv)
Denied unescorted access at any other nuclear power plant; i
(v)
Denied unescorted access to SStiM; (vi)
Removed from responsibilities to create or have access to safeguards records or procedures for SS!4M; j
(vii) Removed from responsibilities to measure SSNM; (viii) Removed from the responsibilities of transporting or escorting i
SSt4M; or (ix)
Removed from the responsibilities of guarding SSt4M at any other facility in accordance with a fitness-for-duty policy.
(3)
If a record of the type described in paragraph (a)(2) of this section is established, the new assignment to activities within the scope of j
t this part or granting of unescorted access must be based upon a management and medical determination of fitness for duty and the establishment of an appropriate follow-up testing program, provided the restrictions of paragraph f
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(b) of this section are observed.
To meet this requirement, the identity of perscos denied unescorted access or emoved under the provisions of this part and the circumstances for the denial ar removal, including test results, will be made available in response to a licensee's, contractor's or vendor's inquiry supported by a sicned release from the individual.
(4)
Failure to list reasons fcr removal or revocation of unescorted access is sufficient cause for denlai of unescorted access.
Temporary access provisions are not affected by this part if the prospective worker passes a chemical test conducted according to the requirements of s 26.24(a)(1).
(b)
(2)
Lacking any other evidence to indicate the use, sale, or possession of illegal drugs onsite, a confirmed positive test result must be presumed to be an indication of offsite drug use.
The first confirmed positive test must, as a minimum, result in immediate removal from activities within the scope of this part for at least 14 days and referral to the EAP for assessment and counseling during any suspension period.
Plans for treatment, follow-up, and future employment must be developed, and any rehabilitation program deemed appropriate must be initiated during such suspension period.
Satisfactory management and medical assurance of the individual's fitness to adequately perform activities within the scope of this part must be obtained before permitting the individual to be returned to these activities. Any subsequent confirmed positive test must result in, as applicable--
l (i)
Removal from unescorted access to nuclear power plant protected i
areas; l
(ii) Removal from unescorteo access to Category IA Material; 17 l
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l (iii) Removal from responsibilities to create or have access to records-or procedures for safeguarding SStiM; (iv)
Removal from responsibilities to measure Category IA Material; (v)
Removal from the responsibilities of transporting or escorting i
Category IA Material; (vi)
Removal from the responsibilities of guarding Category IA Material i
at any other licensee facility; and l
l (vii) Removal from activities within the scope of this part for a j
minimum of 3 years from the date of removal.
or pas essi n o g
drug h e a app cab e thi a prot cted area i
of any nuclear power plant, within a facility that is licensed to possess or use SStiM, or within a transporter's facility or vehicle, must be removed from j
activities within the scope of this part.
The individual may not--
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(i)
Be granted unescorted access to nuclear power plant protected l
i areas;
)
(ii) Be granted unescorted access to Category IA Material; (iii) Be given responsibilities to create or have access to safeguards a
records or procedures for SSf;M; l
l (iv)
Se given responsibilities to measure Category IA Material; (v)
Be given responsibilities to transport or escort Category IA
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Material; I
i (vi) Be given responsibilities to guard Category IA Material; or (vii) Be assigned to activities within the scope of this part for a j
t minimum of 5 years from the date of removal.
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l 3.
In 5 25.73,. paragraph (d) is revised to read as follows:
s 26.73 Reportina recuirements.
(d)
By [date 180 days after publication-of final rule] each licensee l
who is authorized to possess, use, or transport formula quantities of SSNM l
shall certify to the NRC that it has implemented a fitness-for-duty program that meets the requirements of 10 CFR Part 26.
The certification shall i
describe any licensee cut-off levels more stringent than those imposed by this r
part.
9.
In Appendix A, one title and Subpart A-General 1.1 Applicability (1) is revised to read as follows:
Appendix A--Guidelines for Drug and Alcohol Testing Programs Subpart A-General i
1.1 Applicability (1) These guidelines apply to licensees authorized to operate nuclear power reactors and licensees who are authorized to possess, use, or transport i
formula quantities of strategic special nuclear material _ (SSNM).
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l PART 70 - DOMESTIC LICENSING CF SPECIAL NUCLEAR MATERIAL I
10.
The authority citation for Part 70 continues to read as follows:
AUTHORITY: Secs. 51, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.l(c) and 70.20a(b) also issued under secs. 135,141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 also issuec under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21'g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
2077). Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as j
amended (42 U.S.C. 2234).
Section 70.61 also issued under secs. 186, 187, 68 l
Stat. 955 (42 U.S.C. 2236, 2237).
Section 70.62 also issued under sec.108, I
68 Stat. 939, as amended (42 U.S.C. 2138).
t 11.
In 5 70.20a, paragraph (d)(3) is revised to read as follows:
s 70.20a General license to possess special nuclear material for transport.
(d)
(3)
Shall be subject to Part 26 and s 73.80 of this chapter.
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PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS 12.
The authority citation for Part 73 continues to read as follows:
AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948, as amended, tec.147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as amended, 204, 88 Stat.
1242, as amended, 1245 (42 U.S.C. 5841, 5844).
Section 73.1 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.
2232, 2241 (42 U.S.C.,
10155, 10161).
Section 73.37(f) also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note).
Section.73.57 is issued under sec. 606, Pub. L.99-399,100 Stat. 876 (42 U.S.C. 2169).
13.
In s 73.6, the introductory paragraph is revised to read as follows:
s 73.6 Exemotions for certain cuantities and kinds of special nuclear
- material, A licensee is exempt from the requirements of 10 CFR Part 26 and ss 73.20, 73.25, 73.26, 73.27, 73.45, 73.46, 73.70 and 73.72 with respect to the following special nuclear material:
d
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s 3'i day of May
, 1993.
Dated at Rockville, Maryland, this b
For the Nuclea Regulatory Commission.
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$amuel J. Chilk, Secretary of the Commission.
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