ML20127J026
| ML20127J026 | |
| Person / Time | |
|---|---|
| Issue date: | 11/10/1992 |
| From: | Mckee P Office of Nuclear Reactor Regulation |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20127C273 | List: |
| References | |
| FRN-57FR55443, RULE-PR-26 AD61-2-009, AD61-2-9, NUDOCS 9211190078 | |
| Download: ML20127J026 (2) | |
Text
-
=* AD61-2 !
November 10, 1992 PDR W=
HEMORA CUM FOR: David L. Heyer, Chief .
Rules and Directives Review Branch Division of. Freedom'of Information and ;
Publication Services Office of Administration .
F R0'i: Phillip F. McKee, Chief Reactor. Safeguards Branch Division of Radiation Safety-
- and Safeguards Office of Nuclear Reactor Regulation t
SUBJECT:
IMPLEMENTA110N OF COMMISSION ACTION: . FINAL AMENDMENT 10 10 CFR PART 26- ,
By rnenorandum dated August 24, 1992, the Secretary of the Commission indicated that the Comission hr.s approved the withdrawing of the reporting requirement contained in 6 26.7)(d) disapproved by OMB. ,
Please irnplement the Commission's action by arranging for publication of the-enclosed final- not-ice of withdrawal of reporting requirements in the Federal Peoister. The ED0's approvalafor publication is enclosed.
-t
[ditorial and fortnat changes requested by your office have been incorporated into the final Federal Reaister notice. .
Also cr. closed is the Congressional letter package for transmittal to DCA. ~
Original signed by Loren L. Bush ,
L for Phillip F. McKee, Chief..
Reactor-Safeguards Branch Division-of Radiation Safety:
and Safeguards s
Office of Nuclear Reactor Regulation -
Enclosures:
- 1. FR Notice *
'2. ' Approval for Publication- I 3, Congressional Letter' Package DISTRIBUTION: '
Central Files PSGB r/f- F. Congel E. Butcher- I P. McKe+ L. Bush ' G. McPeek V '
0FC PSGE NRR- PSGB:NRR BC:PSGB:NRR.
M".E GMNYcb LBush ? [McKeN
[DME _ =11//O/92- 1
'.1// /92 11/(/92 "
f it ifWG : g;hcpeek\DMeyer t 4 :
h- 'O L_ - ._ ,,,,s .- ,, :.-: - -=~~-- - - ~ ~ ~ ~ ~
'~'
1 ENCLOSURE 1 FEDERAL REGISTER NOTICE AND 5 COPIES
= ,
l t t
~ ,
t
-[759001) . .l
-i j
.1 NUCLEAR REGULA10RY COMMISSION- .
, 10 CFR PART 26' ' I s ,
-RIN 3150-AD61 ,
y m; 3
Ntness-for-Duty Progrates: 1 NRC Partial- "
bithdrawal of NRC Information Collection Requirements" '
~;
AGDdY: Nuclear Regulatory Co'nmission.
W; '
- 7 ,
ACTIOM final ru'le: Status of'information collection requirements.,
J Sut"'.A:; t : ' The Comission has _obtained DMB approval for theLinformation:
3 g; ;coiltctiorerequirements contained in i 26.24(d)(2)(iv);' arid partial' approval of.
~
l the inforsation collection _ requirements contained in i 26.7)(d) of the finall <!
[ rule entitled, ' Fitness-for-Duty Prog' rams'- (August:26, 1991'; 56 FR 41922)~.-.
The Comission is: withdrawing:the remaining! portion of: $l26.71(d) becausel 2
theie'is.no compelling _need for the add'itional' data at this time.
Y_'hi_ ~
bfi ~
- t,
,w ^
i :<;
EfftC11VI DATE: 'Theinformationcollectionrequirements'ini26.24(d)(2)(iv)]
9 'and-in ra ised 26.7)(d);become: effective (30 days after the-date'ofa
- pu!>licationLofthisLnotice). '
m_
i
-} -
j
);-, _
I ' * , .\ .
t ;
g " ; %; , , _ ,-. . . , -;; ,-
,~, , 4 + <- " *
.w>_.s m.
l a
.%. r
. d;
.)
.. z . ;
t i
IOR IUR1HF,R INFORMATION CONTACT:
+ Eugene W. McPeek, Reactor Safeguards Branch, Division of kadiation Safety an' d- Safeguards,' Office of Nuclear Reactor Regulation, U.$. Nuclear Regulatoty Commission, Washington, DC 20$55, f'
1e l et b ,r.re (301) 504-3210. l l.
rb
'i c 5VPPLEM!NTARf ]Nr0RMAT10N: '
On August 26, 1991 (56 FR 41922), the Nuclear Regulatory Commission (hA:) a cr.ded the regulations that clarified the NRC's intent'concerning the: 4 unatu pt6ts11ty of taking action against an individual that'is' based solely:on the preitrinary results of a drug screening test and to permit, under certain conditiera, erpioyment actions, up to and including the action of tenporary~
re:.a1 cf an individual from unescorted access or from~ normal duties,. based er ar. u v firr+d positive result from an initial screening test for-marijuana or ccceir(. This rule became effective on September-25, 1991, except forithe:
it.fprratir , cc11ection requirements contained in il 26.24(d)(2)(iv) and-2 f. . ? 1 ( c) .
Dr-Deter.ber 31, 1991,'the NRC submitte'd a-request:for.OMB review'ofi the inferration collection requirements. By a Federal Register Notice published on January:14, 1992 (57 FR 1497)_NRC requested public comments ~on the record keeping.and reporting requirements Following receiptLof a1 ,
o comer,t, OME, in a letter dated May'26.1992,.whic' h was amended on.
July 20,=)992, approved the'information collection requirements contained in 6 26.24(d)(2)(iv). Thesel requirements' concern' assurances _to thel individual that he records have-been retained which:could link ~the individual to a-terp rary suspension'should the test:pesults be negative.
vi.-
V Section 26.24(d)(2)(iv), therefore, remains unchanged and becomes an effective rule 30 days after publication of this notice.
05, however, at the same time limited its approval of the additional inf;mation collection contained in 6 26.7)(d). These provisions required the reporting of
- t results by process stage and management actions on appekls and their resolutions. OMB approved applicationlof these requirements only to thu e licensees who choose to exercise the option of temporarily removing an individual as permitted by i 26.24(d)(2),
in disapproving the additional informat'lon collection contained in
! 26.71(d), OMB indicated that the NRC failed to demonstrate a enmpelling need for the dat a for those licensees not making temporary suspensions based on-o ite presumptive positive test results for marijuana and for cocaine. OMB isc indicated that the reporting requirements would not have sufficient practical utility to counterbalance the burden they would impose on the regalater m anity. OMB found it unreasonable for the NRC to request that -
liunsees collett. analyze, and submit data to the agency for the purpose of building an agency database to possibly help address future regulatory prcblen . 0"I indicated that the NRC should collect data when necessary to evaluate a specific regulatory action, not future concerns. OMB noted that the raw data was already available to the NRC, and that if the NRC had a corpelling need i e the' data, it could conduct the necessary analysis using the raw data. OMB suggested that if at some future pnint additional data was nec m ar., to esaluate specific regulatory actions, the NRC may submit inforr.ation collection requests as needed. After reconsideration of the.
i
a ~ v .y-a r.
74 - , U matter,;the'NRC has decided that it does not'have a compelling need'for the' i
~ data at~this-time.
At described above, the' revision to110.CFR 36.71(d) is_the result of an" :
OPE determination under the Paperwork Reduction Act, following receipt of--
public comment. *1mp,lementation of;the revision, which clarifies'6Llimition the effective scope of provisions:in i 26.7)(d), is important1to the NRC'si '
assurance of compliance'with 10 CFR Part 26." .Accordingly..the-Commission'for- I good cause finds that additional public comment is unnecessary and is publishir.g the revised 10 CFR 26.71(d) as a final rule,: effective.30 days -
after publication of this notice, i
4 Environmental Impact: Categorical Exclusion lhe NEC has determined that this final- rule is. the type ~ of action-described in categorical exclusion 10 CFR-51.22(c)(3)(ii)., Therefore, neither:
an encircn ental ~ impact statement nor an environmentkl-assessment has beeni prepared fcr this final rule.
Paperwork Reduction Act' Statement-This final rule does not contain new or amended information! collection -
requirements _ subject to the Paperwork-Reduction Act of-1980_(44JU.S.C./3501 '
et sea.)_ HExisting requirements were approv4d tiy the Office of Management and; !
Budget a; proval number 3150-0146.
?
-f, _Ng
- +
+ J
- 4 c-<.. a g -- - -
j i
- - 5' y
List of Subjects in 10 CFR Part 26 ~'
Alcohol abuse,' Alcohol testing,: Appeals.; Chemical 1 testing, Drug abuse',_
a Drug testing,-Employee assistance. programs Fitness for' duty,-Managementi actions,fiuclearpowerreactors,Protecttsnofinf'ormation,iReporting;and '
recordkeeping requirements. )
?
For reasons set-out in the preamble and under;the. authority of.the Atomic Energy Act of 1954, as amended, the Energy Reorganitation Act of;1974; 0
1
~
as amended, and 5 U.S.C. 552-end 553,- the NRC is adopting _ the following 4 amendment to 10 CFR Part 26.
[:1
-PART 26 - FITNESS-FOR-DUTY PROGRAMS ,
1.
The authority citation for Part 26 continues to read,Jin.part, as.
foliows:
AUTHJ RITY.:
Sec, 16),-68 Stat 948, as amended.(42 iU.S.C. 2201); sec; 201 BB Stat. 1242, as amended (42 U.S.C._58(1).***
2_. In 5 26.71. paragraph (d) is revised to read as follows:- '
, 5 26.71 Recordkeeping' requirements,
- '* * +- * - -
q (d) Collect and compile fitness-for-duty. program performance? data on a f
4 standard form and submit this data to the Commission within 60-daysiof_.the;end.
of each 6-ionth reporting period (January'-June andLJuly-December). The data =
for each site (corportte and other1 support' staff' locations may be separately-censolidated) JustEinclude: random testing rate; drugs tested'for and' cut-off-levels 1 including results of tests using lower cut-off levels Dand tests forJ
.4 G
d
~
44 -
a ~
f w v 9M .. -
eh n_w other drugs; workforce populations tested; numbers of tests and results' by-population, and type of test-(i.e., pre .ccess,1 random, for-cause, etc.);- !
substances identified; ~ summary of management actions; and a listlof events -
reported.
The data must be analyzed and approprirte-actions-taken to_ correct program weaknesses. The data and analysis must be retained for_three" years..
Any licensee choosing to temporarily suspend individuals under the provisions 1 of 5 26.24(d) must report test results' by process stage (i.e., onsite screening, laboratory screening, confirmatory tests, and MRO determinations) and the number of temporary suspensions or other administrative- actions'taken against individuals based on onsite unconfirmed screening positives _for-r.a.ijuana (THC) and for' cocaine.
?
Dated at Rockville, Maryland, this #
4 day of November-1992.
-For the. Nuclear Regulatory Commission.
, 1 a.)Ili.NbfI Tay r,'
1 E cutive-Director;foil Operations ;
J w -