ML23157A250

PR-026,070,073 - 57FR18415 - Fitness-For-Duty Requirements for Licensees Who Possess, Use, or Transport Category I Material

ML23157A250
Person / Time
Issue date:	04/30/1992
From:	Chilk S NRC/SECY
To:
References
PR-026, PR-070, PR-073, 57FR18415
Download: ML23157A250 (1)

Text

ADAMS Template: SECY-067 DOCUMENT DATE: 04/30/1992 TITLE: PR-026,070,073- 57FR18415- FITNESS-FOR-DUTY REQUIREMENTS FOR LICENSEES WHO POSSESS, USE, OR TRANSPORT CATEGORY I MATERIAL CASE

REFERENCE:

PR-026,070,073 57FR18415 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE: PR-26,70,73 OPEN ITEM (Y/N) Y RULE NAME: FITNESS-FOR-DUTY REQUIREMENTS FOR LICENSEES WHO POSSESS, USE, OR TRANSPORT CATEGORY I MATERIAL PROPOSED RULE FED REG CITE: 57FR18415 PROPOSED RULE PUBLICATION DATE: 04/30/92 NUMBER OF COMMENTS: 3 ORIGINAL DATE FOR COMMENTS: 07/29/92 EXTENSION DATE: I I FINAL RULE FED. REG. CITE: 58FR31467 FINAL RULE PUBLICATION DATE: 06/03/93 NOTES ON FILE LO.CA'l'a) ON P-1.

TATUS RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-26,70,73 RULE TITLE: FITNESS-FOR-DUTY REQUIREMENTS FOR LICENSEES WHO POSSESS 1 USE, OR TRANSPORT CATEGORY I MATERIAL

.ROPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: 91-395 SRM DATE: I I SIGNED BY SECRETARY: 04/24/92 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 07/08/93 STAFF CONTACTS ON THE RULE CONTACT!: STANLEY P. TUREL MAIL STOP: NLS129 PHONE: 492-3739 CONTACT2:

DOCKET NO. PR-26,7O,73 (57FR18415)

In the Matter of FITNESS-FOR-DUTY REQUIREMENTS FOR LICENSEES WHO POSSESS, USE, OR TRANSPORT CATEGORY I MATERIAL DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT

04/24/92 04/24/92 FEDERAL REGISTER NOTICE - PROPOSED RULE 05/06/92 05/04/92 COMMENT OF RADIOLOGICAL INSPECTION REPORTS (STEVEN B. SCHULIN) ( 1) 07/30/92 07/29/92 COMMENT OF ASSOCIATION OF AMERICAN RAILROADS (MICHAEL J. RUSH, GENERAL ATTORNEY) ( 2) 08/17/92 08/11/92 COMMENT OF BABCOCK &WILCOX (J.A. CONNER, VICE PRESIDENT) ( 3) 10/27/92 10/21/92 LTR J. A. CONNER (BABCOCK &WILCOX) TO CHAIRMAN SELIN REQUESTING THAT THE COMMISSION RECONSIDER THE NEED FOR RULEMAKING 05/27/93 05/27/93 FEDERAL REGISTER NOTICE - FINAL RULE

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' T P,~ i *~~; J_ "G ~-7 O J-11 (5" 1 F (< IHI~}

NUCLEAR REGULATORY COMMISS ION *93 MAY 27 P3 :0 1 10 CFR Parts 26, 70, and 73 V l,

RIN 3150-AD68 Fitness-For-Duty Requirements for Licensees Authorized to Possess, Use, or Transport Formula Quant ities of Strategic Special Nuclear Material

- AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulati ons to require licensees who are authorized to possess, use, or transport formu l a quantities of strategic special nuclear material (SSNM) to institute fitness-for-duty programs. The amended regulation is limited to licensees who are

- authorized to possess, use, or transport unirradiated Category I Materi al.

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 .

EFFECTIVE DATE: (180 days after publication in the Federal Register}

FOR FURTHER INFORMATION CONTACT: Stanley P. Turel, Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3739.

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 the nuclear industry. Accordingly, on June 7, 1989 (54 FR 24468), the Connnission 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 administered 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 contained in 10 CFR Part 26 do not contain fitness-for-duty requirements for licensees authorized to possess, use, or transport formula quantities of SSNM.

Summary of Public Comment 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 expired on July 29, 1992. Three comment letters were received: one from an SSNM licensee, one from a trade association, and one from a private citizen. The private citizen was in favor of the rule. The licensee was against the 2

promulgation of the rule, stating that it was unnecessary and burdensome. The trade association was neutral about the rule provided it did not cause duplicate random testing.

Changes have been made in the final rule in response to the public comments to better equate the requirements of random testing to the risk of diversion and to pr~vent the dupUcation 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

- by persons with drug or alcohol problems.

Response. 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.

Response. The NRC does not fully agree with this co11111ent. The effects of most mistakes by impaired workers are expected to be largely contained within the boundaries of the facility with little or no consequence to the general public. However, the potential for more serious consequences e~i~ts_. _ The_impajred work.er 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. Comment. Current NRC and DOE requirements already address trustworthiness of personnel by requiring security clearances for certain jobs.

Response. Current NRC regulations do require security clearances for certain jobs. However, the security clearance investigation alone might not d~tect_a drug habit. Moreover, the cur~ent 5-yea~ period between --

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 facilities.

Response. When issuing the Part 26 fitness-for-duty rule in 1989, the Commission determined that, to be both effective and appropriate for assuring protection of the health and safety of the public, the f1tness-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 testing under any circumstances. Although a licensee's program may currently

- contain some testing provisions, in the Commission's view, it would not be adequate without the provision for random testing.

5. Comment. Implementation costs for the new rule would be very high but the results would be minimal.

Response. A facility that already has a limited fitness-for-duty program would have less implementation and continuing costs than one that does not. However,_the costs may_be as high -as $500,000-the fi~st year-and-~ - --

$400,000 annually thereafter. On the other hand, random testing of persons in a position to divert or conceal a diversion of SSNM at the facility would 4

strengthen the safeguarding of the SSNM. Moreover, experience with random testing programs implemented by NRC and other federal agencies indicates that random testing effectively detects and strongly deters substance abuse in the workplace.

6. Comment. Any category of worker that deals with the physical material or its primary paper trail" should not be exempted from random testing. NRC should 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 .

Response. The revisions to 10 CFR Part 26 will require random testing for all employees who:

(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 § 26.3 Definitions. The other impairments listed by the commenter are addressed in §§ 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 SSNM who are subject to DOT drug and alcohol fitness programs that have random testing for drugs and alcohol are exempt from the requirements of this rule.

Discussion The final rule differs from the proposed rule in the following ways.

Chemical testing is required only for those who have unescorted access to easily concealed SSNM. 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 Material is defined as SSNM 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; (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 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 I Material. All transporters of SSNM who are

-- - ---- - -- -sub;jee-t- t-o -DO=r'-s- -drug-and-a-lcoho-1-f-i t-ness--programs-tha-t--h-ave-random -tes-ttng - - - - ~- -

for drugs and alcohol are exempt from this rule.

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The licensee personnel subject to this final rulemaking will be subject to a 100 percent annual random testing rate, the same as the rate that currently applies to power reactor employees. However, there is a proposed rulemaking being prepared that will reduce that random testing rate to 50 percent. If that proposal becomes final it will also have the effect of reducing the rate to 50 percent for those licensees that are affected by this final rulemaking.

Applicability of Criminal Penalties In this final rule the amendments to the following sections of the codified regulations are issued under the authority of Secs. 161b, 16li, or 1610 of the Atomic Energy Act of 1954, as amended, and therefore violations 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; 10 CFR 70.20a.

Finding of No Significant Environmental Impact: Availability The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that this rule will not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The amendment wi~l 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

(1) Granted unescorted access to Category IA Material; (2) Given responsibilities to create or have access to procedures or records for safeguarding SSNM; (3) Given responsibilities to measure Category IA Material; (4) Given responsibilities to transport or escort Category IA Material; or -

(5) Given responsibilities to guard Category IA Material will be subject to the program.

These requirements have no identifiable environmental impact.

The environmental assessment and finding of no significant impact on which this determination is based are available for insp~ction at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the environmental assessment and the finding of no significant impact may be obtained from Stanley P. Turel, Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3739.

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 requirements and amendments were approved by the Office of Management and Budget, approval number 3150-0146.

-- - * -- -- - -- The--pub1 i c -*rep-ort ;-ng- burden -for this- co-1-1 ect fon- of---1 nformat ion 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 8

data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the Desk Officer, Office of

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Information -and Regulatory Affairs, NEOB-3019, (3150~0146), Offtce of Management and Budget, Washington, DC 20503.

Regulatory Analysis The NRC has prepared a regulatory analysis for this regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the analysis may be obtained from Stanley P. Turel, Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3739.

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 economic impact on a substantial number of small entities. This rule affects l ic-ensees -who -are- authorized to -possess, -use, or-transport--formul a quantities -

of SSNM. These licensees do not fall within the scope of the definition of "small entities" set forth in the Small Business Size Standards adopted by the 9

Commission in 1985 (December 9, 1985; 50 FR 50241; and November 6, 1991; 56 FR 56671).

Backfit Analysis The NRC has determined--that the backfit rule, 10 CFR 50.109, does not apply to this final rule because these amendments do not impose requirements on existing 10 CFR Part 50 licensees. Therefore, a backfit analysis is not required for this rule.

List of Subjects 10 CFR Part 26 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 and recordkeeping requirements, and Security measures.

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For the reasons stated in the preamble 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. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 26, 70, and 73.

PART 26- - FITNESS-FQR.:OUTY PROGRAMS --

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, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C.

5841, 5842, 5846).

2. Section 26.1 is revised to read as follows:

§ 26.1 Purpose.

This part prescribes requirements and standards for the establishment and maintenance of certain aspects of fitness-for-duty programs and procedures

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by the licensed nuclear power industry, and by licensees authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM).

3. Section 26.2 is revised to read as follows:

§ 26.2 Scope.

Tne regulations- fn -rnis pa-rt apply -to lkensees authorized to -

operate a nuclear power reactor, to possess or use formula quantities of SSNM,.

or to transport formula quantities of SSNM. Each licensee shall implement a 11

fitness-for-duty program which complies with this part. The provisions of the fitness-for-duty program must apply to all persons granted unescorted access to nuclear power plant protected areas, to licensee, vendor, or contractor personnel required to physically report to a licensee's Technical Support Center (TSC) or Emergency Operations Facility (EOF) in accordance with

-, i censee em-erg ency pl ans 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 IA 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,ror 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 licensees who possess, use, or transport formula quantities of irradiated SSNM 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 co-nstruct a nucle-ar p-ower-p-lant. -Each-con-struction permtt-holder,w1th a plant under active construction, shall comply with §§ 26.10, 26.20, 26.23, 26.70, and 26.73 of this part; shall implement a chemical testing program, 12

including random tests; and shall make provisions for employee assistance programs, imposition of sanctions, appeals procedures, the protection of information, and recordkeeping.

4. In § 26.3, the terms Category IA Material, and Transporter are added to read as follows:

§ 26.3 Definitions.

Cgtegory IA Material means strategic special nuclear material (SSNM) 411 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; (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.

Transporter means a general licensee pursuant to 10 CFR 70.20a, who is authorized to possess formula quantities of SSNM 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 § 26.10, the introductory text and 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 p-ersonnel of licensees autnoriled 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 illegal, or mentally or physically impaired from any cause, which in any way e adversely affects their ability to safely and competently perform their duties;

6. In § 26.24, paragraphs (a)(2) and (b) are revised to read as follows:

§ 26.24 Chemical and alcohol testing.

(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 tested. The tests must be administered so that a person completing a test is immediately el igibie for another -unannou-nced--test. As -a minimum~- tests must be -

administered on a nominal weekly frequency and at various times during the 14

day. Random testing shall 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 Regulatory Commission-and appearfng in-Appendix A to-this rule,-hereinaft-er referred to as the NRC Guidelines. Licensees, at their discretion, may implement programs with more stringent standards (e.g., lower cutoff levels, broader panel of drugs). All requirements in this part still apply to persons

- who fail a more stringent standard, but do not test positive under the NRC Guidelines. Management actions must be the same with the more stringent standards as if the individual had failed the NRC standards.

7. In § 26.27, paragraphs (a), (b)(2), and (b)(3) are revised to read as follows:

§ 26.27 Management actions and sanctions to be imposed.

(a)(l) The licensee shall obtain a written statement from the individual 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; (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 safeguards of procedures for SSNM; 15

(iv) Assignment to measure Category !A Material; (v) Assignment to transport or escort Category IA Material; (vi) Assignment to guard Category IA Material; or (vii) Assignment to activities within the scope of this part to any person.

(2) The licensee, as applicable, sha11 complete a suitable tnquiry-on -a-best-efforts basis to determine if that person was, in the past--

(i) Tested positive for drugs or use of alcohol that resulted in on-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; (v) Denied unescorted access to SSNM; (vi) Removed from responsibilities to create or have access to safeguards records or procedures for SSNM; (vii) Removed from responsibilities to measure SSNM; (viii) Removed from the responsibilities of transporting or escorting SSNM; or (ix) Removed from the responsibilities of guarding SSNM 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 this part or-granfirig 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 16

(b) of this section are observed. To meet this requirement, the identity of persons denied unescorted access or removed under the provisions of this part and the circumstances for the denial or removal, including test results, will be made available in response to a licensee's, contractor's or vendor's inquiry supported by a signed release from the individual.

(4) Failure to list reasons for-removal or revocation of unescorted access is sufficient cause for denial 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§ 26.24(a)(l).

(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--

(i) Removal from unescorted access to nuclear power plant protected areas; (ii) Removal from unescorted access to Category IA Material; 17

(iii) Removal from responsibilities to create or have access to records or procedures for safeguarding SSNM; (iv) Removal from responsibilities to measure Category IA Material; (v) Removal from the responsibilities of transporting or escorting Category IA Material; (vi) Removal from the responsibilities of guarding Category IA Material at any other licensee facility; and (vii) Removal from activities within the scope of this part for a minimum of 3 years from the date of removal.

- (3) Any individual determined to have been involved in the sale, use, or possession of illegal drugs, while, as applicable, within a protected area of any nuclear power plant, within a facility that is licensed to possess or use SSNM, or within a transporter's facility or vehicle, must be removed from activities within the scope of this part. The individual may not--

(i) Be granted unescorted access to nuclear power plant protected areas; (ii) Be granted unescorted access to Category IA Material; (iii) Be given responsibilities to create or have access to safeguards records or procedures for SSNM; (iv) Be given responsibilities to measure Category IA Material; (v) Be given responsibilities to transport or escort Category IA Material; (vi) Be given responsibilities to guard Category IA Material; or (vii) Be assigned to activities -within the scope of this part for a minimum of 5 years from the date of removal.

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8. In § 26.73, paragraph (d) is revised to read as follows:

§ 26.73 Reporting requirements.

(d) By [date 180 days after publication of final rule] each licensee who is authorized to possess, use, or transport formula quantities of SSNH 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 describe any licensee cut-off levels more stringent than those imposed by this part.

9. In Appendix A, the title and Subpart A-General I.I Applicability (1) is revised to read as follows:

Appendix A--Guidelines for Drug and Alcohol Testing Programs Subpart A-General 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 formula quantities of strategic special nuclear material (SSNM).

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PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

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 issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(9) 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 amended (42 U.S.C. 2234)\ Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

11. In § 70.20a, paragraph (d)(3) is revised to read as follows:

§ 70.20a General license to possess special nuclear material for transport.

(d) * * *

(3) Shall be subject to Part 26 and § 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, sec. 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 § 73.6, the introductory paragraph is revised to read as follows:

§ 73.6 Exemptions for certain quantities and kinds of special nuclear material.

A licensee is exempt from the requirements of 10 CFR Part 26 and

§§ 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:

t Dated at Rockville, Maryland, this vi ~ay of _M_a_y___ , 1993.

For the Nucle Regulatory Commission.

amuel J. Chilk, Secretary of the Commission.

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DOCKET NO. PR-26,70,73 (57FR18415)

In the Matter of FITNESS-FOR-DUTY REQUIREMENTS FOR LICENSEES WHO POSSESS, USE, OR TRANSPORT CATEGORY I MATERIAL DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 04/24/92 04/24/92 FEDERAL REGISTER NOTICE - PROPOSED RULE

• 05/06/92 05/04/92 COMMENT OF RADIOLOGICAL INSPECTION REPORTS (STEVEN B. SCHULIN) ( 1) 07/30/92 07/29/92 COMMENT OF ASSOCIATION OF AMERICAN RAILROADS (MICHAEL J. RUSH, GENERAL ATTORNEY) ( 2) 08/17/92 08/11/92 COMMENT OF BABCOCK & WILCOX (J.A. CONNER, VICE PRESIDENT) ( 3) 10/27/92 10/21/92 LTR J. A. CONNER (BABCOCK &WILCOX) TO CHAIRMAN SELIN REQUESTING THAT THE COMMISSION RECONSIDER THE NEED FOR RULEMAKING

,.J Babcock & Wilcox Naval Nuclear Fuel Division

' ------------------------------------ P. 0. Box 785 a McDermott company

'92 OCT 27 P3 :25 Lynchburg, Virginia 24505-0785 (804) 522-6000 Dr. Ivan Selin, Chairman October 21, 1992 U. s. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852

Dear Chairman Selin:

Babcock and Wilcox, Naval Nuclear Fuel Division, has reviewed the proposed ame.n dments to 10 CFR 73 which were published in Volume 56, Number 240 of the Federal Register dated December 13, 1991 and to 10 CFR 26, 70, and 73 which were published in Volume 57, Number 84 of the Federal Register dated April 30, 1992. Based on this review, B&W believes that a need for additional requirements has not been established and that the proposed regulations are too expensive and burdensome. B&W further believes that current programs provide an equivalent level of performance which meets the intent of the proposed amendments and that additional regulations are unnecessary. Specific comments to support our beliefs are enclosed.

B&W has submitted comments on the proposed rules and has discussed them with your staff. We are concerned that a decision for rule making has already been made. We request that the Commission reconsider the need for additional expensive rule making at this time. If the Commission concludes that additional rules are necessary, we request the proposed rules be modified as indicated in the enclosure to be less burdensome and expensive. We are available to discuss this issue with you at your convenience.

Sincerely,

~

Uice President & General Manager Enclosure cc: Commissioner Kenneth c. Rogers Commissioner James R. curtiss Commissioner Forrest J. Remick Commissioner E. Gail de Planque

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Dr. Ivan Selin, Chairman October 21, 1992 U.S.N.R.C.

Enclosure Comments on Proposed Amendments to 10 CFR 73 (FR 56240) and 10 CFR 26, 70, and 73 (FR 5784)

A. Physical Fitness

- 1. Licensee security officers have consistently demonstrated acceptable levels of physical fitness while responding to realistic adversary encounters during required Tactical Response Exercises. These exercises are the most accurate evaluations of officers' abilities to perform during a tactical response situation which requires high intensity exertion in order to reach the scene of an incident or a designated post. The level of performance demonstrated during tactical exercises indicates that additional requirements are unnecessary.

2. If a need for increased physical fitness can be established, B&W recommends that licensee responsibility be limited to employing only those personnel who are capable of meeting or exceeding increased physical performance t e sting criteria.

B. Firearms Qualification

1. Current approved qualification courses at B&W are patterned after those used by area public law enforcement agencies and are considered an adequate measure of officer proficiency. The difficulty in obtaining the minimum qualifying score on the proposed courses of fire constitutes an additional burden on the licensee where no need for more stringent criteria has been established.

2. The most significant and potentially costly proposed changes to firearms qualification are the waiting periods between qualification attempts. No justification for this change is given.

3. Current commitments in the B&W Training & Qualification Plan require that an officer who fails to achieve the minimum qualifying firearms score undergo a documented period of retraining prior to subsequent attempts to qualify or requalify. It is B&W's position that this documented retraining is sufficient to meet the objectives of the proposed minimum waiting periods. If rule making is necessary, retraining rather than waiting should be the requirement.

Dr. Ivan Selin, Chairman October 21, 1992 u.s.N.R.C.

c. Fitness for Duty

1. Adequate drug and alcohol programs are already in place at NNFD.

- NNFD is currently in-eompliance with Subtitle D of Title V of public Law 100-690, "Drug-Free Workplace Act of 1988."

b. NNFD requires pre-access drug screening of all employees, periodic alcohol and drug testing of all security and key management personnel, and testing for cause if there is reason to believe that an individual is mis using alcohol or drugs. This type of testing has proven to be more effective at detection than random testing.

c. All employees at NNrD are required to maintain a minimum of three security clearances. All individuals who are authorized unescorted access to any part of the NNFD facility must undergo federal investigations every five years to retain their clearances. Evidence of drug or alcohol abuse can result in clearance terminations.

2. Public safety could not be seriously threatened by impaired workers.

3. successful diversion of special nuclear material is not more likely by persons with drug or alcohol problems.

current regulations assume that all persons granted access to the facility could participate in or conceal a diversion of SNM. Persons with substance abuse or other problems who may be untrustworthy or unreliable do not represent an additional or unique security threat. No critical human component of the safeguards system relies on a lone individual to prevent the theft or diversion of SNM.

4. Discussions with the NRC staff identified only one potentially real need for testing, i.e. for security personnel to assure response effectiveness. Therefore, if a rule is needed, random drug and alcohol testing should be limited to security personnel only.

. Babcock & Wilcox Naval Nuclear Fuel Division

• a McDermott company US NRC

• 92 AUG 17 A10 :13 P. 0. Box 785 Lynchburg, Virginia 24505-0785 (804) 522-6000 August 11, 1992 Secretary U.S. Nuclear Regulatory Commission ATTN: Docketing and Service Branch Washington, DC 20555 De ar Sir:

Babcock and Wilcox, Naval Nuclear Fuel Division, has reviewed the proposed amendments to 10 CFR 26, 70, and 73 which were published in Volume 57 , Number 84 of the Federal Register dated April 30, 1992. Based on this review, B&W believes the proposed amendments are unnecessary, burdensome, and expensive. Specific comments which support our conclusions are enclosed.

sincerely,

~

. A. Conner ice President &

General Manager Enclosure SEP 18 -

Acknow1edged by card ...................~..~

Babcock & Wilcox, Naval Nuclear Fuel Division Comments on Proposed Amendments to 10 CFR 26, 70, and 73 Fitness for Duty Programs FR 5784 The NRC has not established a sufficient need for the additional requirements. Furthermore, NRC's justification for the proposed rule does not adequately consider or credit current safeguards and security requirements or programs. Babcock & Wilcox considers the proposed rule to be unnecessary, burdensome, and expensive for the following reasons:

1. Diversion of special nuclear material is not more likely by persons with drug or alcohol problems.

• Although the NRC has assumed that persons with drug and alcohol problems may be more likely to participate in a diversion attempt, sufficient justification for this assumption has not been presented. Nor is there any reason provided to support an assumption that such individuals would have a greater probability of success at such an attempt. Current regulations and security programs assume that all persons granted access to the facility could participate in or conceal a diversion of SNM at any time as a result of coercion, blackmail, or financial difficulties. Persons with substance abuse or other problems who may be untrustworthy or unreliable do not represent an additional or unique security threat.

• Collusion between persons who are authorized unescorted access is included in the design basis threat and is addressed by current nuclear material control and security programs. Consequently, the collusion example cited in the proposed rule would not enable a diversion to take place or be covered up.

• No critical human component of the safeguards system relies on a lone individual to prevent the theft or diversion of SNM. Thus, conclusions about the incapacitated guard, used as an example in the proposed rule, are incorrect. Such an event would not allow a theft of SNM.

• B&W has in place redundant security and nuclear material control measures to deter, or detect and neutralize, any attempted di version or theft of SNM by any employee, vendor, or contractor who i s granted access to the facility. These measures include government clearances for all unescorted personnel, internal access authorization controls, and two-person rules. In addition, all material transfer operations are conducted

under strict controls which govern the number of personnel who must be involved, tamper-safe sealing, and item verification.

• B&W believes that the current internal diversion prevention requirements are sufficient to prevent a safeguards problem which would be inimical to the national defense and security. The NRC apparently concurs with this assessment as evidenced by the following statement in the proposed amendment, "Under normal circumstances the risk of diversion is not high for these licensees because specific safeguards controls are already in place."

2. Public safety could not be seriously threatened by impaired workers.

• 10 CFR 26 was originally implemented at the power reactor sites in an effort to further minimize the risk to public health and safety from unsafe acts. It was considered by NRC that p ersons under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, could not be depended upon to perform their tasks in a safe manner. Once inside the facility, any unescorted individual could create an unsafe condition which could lead to an accident resulting in a substantial health and safety risk to the public.

• The NRC concedes in the proposed amendment that the same level of safety concerns do not exist at Category I Material licensee sites. "The effects of such accidents are such that they will be contained largely within the boundaries of the facility with little or no consequence to the general public." (FR 5784).

3. current NRC/DOE requirements address trustworthiness of personnel.

• Unlike reactor sites which may grant access based on limited knowledge of personnel backgrounds, Category I Material licensees are not authorized to grant unescorted access to any individual. The authority to establish the trustworthiness and reliability of personnel and to process, approve, and suspend such access rests solely with the United States Government. No individual may be allowed unescorted access without government approval.

• Category I Material licensee sites are similar to DOE sites. Current NRC regulations are comparable to those in effect at DOE sites and provide equal protection for similar materials. DOE does not require employees of contractors that operate its Category I Material sites to

adhere to fitness-for-duty programs. Trustworthiness and reliability concerns are addressed by more stringent access authorization and personnel monitoring programs.

• All employees at B&W are required to maintain a minimum of three (3) clearances: NRC Lor Q, DOE Lor Q, plus NRC R or u. Approximately 20% of B&W employees are required to maintain DOD clearances in addition to NRC and DOE access authorizations.

• All individuals who are authorized unescorted access to any part of the B&W facility must undergo a federal reinvestigation every five years to retain their clearances. Furthermore, B&W is required to report to the DOE any event or circumstances which could affect an authorized individual's clearance status. The list of required reportable events/circumstances includes, but is not limited to:

- Any marriage or remarriage

- All arrests and charges, whether or not convicted

- All traffic violations resulting in fines of $100 or more

- All garnishments, judgements, bankruptcies or other circumstances indicating financial difficulties

- Any circumstance which indicates drug or alcohol abuse

- Any other derogatory information concerning the individual's continued trustworthiness DOE conducts investigations and personal interviews based on *these reports, and has terminated clearances as a result of criminal activity, financial irresponsibility, alcohol abuse, and failure to adhere to substance abuse rehabilitation programs.

4. Adequate drug and alcohol programs are already in effect at B&W.

• B&W is currently in compliance with Subtitle D of Title V of public Law 100-690, "Drug-Free Workplace Act of 1988. 11

• B&W administrative policy significantly surpasses the requirements of the Act by requiring pre-employment drug screening of all applicants, annual alcohol and drug testing of all security and key management personnel, and testing if there is reasonable cause to believe that an individual is under the influence of alcohol or drugs.

• The policy also provides for training of employees regarding the dangers of substance abuse, and an Employee Assistance Program for employees with substance abuse or other problems which may adversely affect job performance.

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• The policy also provides for disciplinary actions up to and including termination of employment for persons who violate the provisions of the policy.

5. Implementation costs for the new rule would be very high but the results would be minimal.

• Little or no improvement in safeguards and security would be realized. The high cost of these and other rules seriously jeopardizes the future of privately licensed Category I Material faciliti es . The number of privately licensed HEU facilities has steadily declined, in part, because of high security program costs.

• Reductions in defense funding, coupled with poorly-timed, expensive regulation make it increasingly feasible for HEU projects to be conducted in government operated facilities where these requirements do not exist. This trend is continuing, and if unabated, will eliminate all incentive for industry and government to continue these programs in the private sector and Category I Material licensees may cease to exist.

~TION *92 JUL 30 P2 :23 OFAMERICAN Michael J. Rush RAILROADS General Attorney Secretary, U.S. Nuclear Regulatory Commission Attn.: Docketing and Service Branch Washington, D.C. 20555 Re: Fitness-for-Duty Requirements for Licensees Who Possess, Use or Transport Category I Material

Dear Sir or Madam:

Enclosed are the original and four copies of the Comments of the Association of American Railroads regarding Fitness-for-Duty Requirements for Licensees Who Possess, Use, or Transport Category I Material. Please date stamp extra copy of this cover letter enclosed and return in self-addressed envelope by mail.

Respectfully submitted, Enclosures cc: Stanley P. Turel SEP 18 1992 Acmowtadged by card ................................::.

Law Department, 50 F Street, N.W., Washington, D.C. 20001 (202) 639-2503 FAX: (202) 639 -2868

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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION FITNESS-FOR-DUTY REQUIREMENTS FOR LICENSES WHO POSSESS, USE OR TRANSPORT CATEGORY I MATERIAL COMMENTS OF THE ASSOCIATION OF AMERICAN RAILROADS The Association of American Railroads (AAR) 1 submits the following comments in response to the Nuclear Regulatory Commission's (NRC) notice of proposed rulemaking on fitness-for-duty requirements for licensees who possess, use, or transport category I material. See 57 Fed. Reg. 18415 (April 30, 1992). AAR's member railroads transport category I material .

AAR opposes application of the proposed drug and alcohol testing requirements to railroads.

AAR opposes the proposed drug and alcohol testing requirements because they would duplicate the Federal Railroad Administration's (FRA) testing program. FRA has a comprehensive drug and alcohol program governed by the regulations of the Department of Transportation and FRA itself. 49 C.F.R. Parts 40, 219. The program prohibits employees from performing their duties while under the influence of controlled substances or alcohol and also prohibits the use or possession of alcohol and controlled substances while on duty. The program provides for post-accident toxicological testing; testing upon reasonable suspicion that an employee is under the influence of drugs or alcohol; employee assistance programs; pre-employment drug screens; random drug testing; and testing procedures.

There are many similarities between FRA's and NRC's testing program:

--the same controlled substances must be tested for;

--test results must be reviewed by a medical review officer;

--laboratories used must be certified by the Department of Health and Human Services;

--chain of custody forms and procedures and tamper-resistant sealing systems are required;

--security systems to prevent unauthorized access which could compromise the testing process must be used; 1A trade association whose member railroads operate 83% of the line haul mileage, employ 93% of the workers, and produce 94% of the freight revenues of all railroads in the United States.

2

--blood alcohol concentrations of more than .04 percent are prohibited;

--identical tests and cut-off levels for controlled substances are used; and

--almost identical quality assurance requirements must be complied with.

Compare 10 C.F . R. Part 26, App. A, with 49 C.F.R . Parts 40, 219. Thus, the FRA drug/alcohol program affords the public the same level of protection afforded by NRC's proposed program for carriers.

Although the NRC and FRA drug/alcohol programs are nearly identical, there are differences that would make the application of both programs burdensome. NRC requires that random testing be conducted at an annual rate equal to at least 100 percent of the work force. 10 C.F . R. § 26.23(a)(2). FRA regulations impose an annual rate of 50 percent. 40 C.F.R. § 219.601(b)(2). The rate of testing is important because of the large number of railroad employees . Pursuant to FRA regulations, more than 50,000 random tests were conducted in 1991. The rate of "positive" tests was only .9 percent. See FRA press release (April 16, 1992), attached.

Given such a low "positive" rate, NRC cannot justify imposing a greater random testing burden . In fact, the preamble to NRC's proposed rule is devoid of any discussion of the appropriate rate of random testing for the railroad industry . 2 NRC's laboratory quality control requirements would be significantly more burdensome than FRA's requirements . NRC proposes to subject transporters to a requirement that 10 percent of the samples sent to a laboratory for testing be blind performance test specimens, up to a maximum of 250 per quarter . 10 C.F.R . Part 26, App . A, § 2 . 8(e)(2). DOT requires that only 3 percent of the samples sent to the laboratory be blind performance test specimens, up to a quarterly maximum of 100. There has been no indication that DOT's regulations have been inadequate ; nor is there any discussion of this aspect of testing in the preamble .

The proper course of action would be for NRC to exempt any person subject to FRA's drug/alcohol program from NRC's drug/alcohol requirements .

This would encompass railroad employee and guards or technicians assigned to movements of category I material that are covered by railroad drug/alcohol testing .

A railroad industry exemption from NRC's drug/alcohol program would be protective of the public because FRA's program is the same in all significant requests. An exemption is necessary because some of the ways 2The positive rate for FRA's random testing program has been so low that FRA has instituted a test under which the rate of testing would be reduced to 25 percent of the work force on an annual basis . See 56 Fed.

Reg . 22905 (May 17, 1991).

3 in which NRC's program differs from DOT's are burdensome even though they do not significantly impact safety.

Respectfully submitted,

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Michael J. Rush Counsel for the Association of American Railroads 50 F St., N.W.

Washington, D.C. 20001 (202) 639-2503 July 29, 1992

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Transportation Office of the Assistant Secretary for Public iAffairs Washington. D.C. 20S90 E...OR IMMEDIATE RELEAS;f; FRA 03-92 1 Wednesday, April 16, 1992

Contact:

Molly'Hart Tel.: (202) 366~~881 FRA ANNOUNCES 1991 DRUG, ALCOHOL TESTING RESULTS The Department of Transportation's Federal Railroad

~dministration (FRA) said that drug and alcohol testing in the railroad industry in 1991 showed a redu~tion in the positive rate for the third consecutive year.

In mandatory post-accident testing, 1.s percent of the employees tested positive for prohibited use of alcohol or drugs, down from 3.2 percent in 1990 and wel1 below the , 1988 mark of 6 percent, the highest rate recorded. In reaso~able cause testing, 2 percent of employees tested positive for alcohol or drugs, down from 2.2 percent in 1990 and well below the 5.4 percent figure in 1988 . Reports of random testing for drugs for 1991 indicate a positive rate of .9 percent based on more than 50,000 tests. The 1990 positive rate was slightly above 1 percent. *

"It is gratifying to see a continuing decline in the use of alcohol and drugs in the railroad industry," F:RA Administrator Gil Carmichael said.

The FRA rules require the collection of blood and urine samples following certain major train accidents, collisions and employee fatalities. Samples are analyzed for alcohol and controlled substances at an FRA contract laboratory*: In addition, FRA requires random drug testing of employees,: such as engineers, brakemen, dispatchers and conductors, as well as pre-employment, -certain return-to-duty and follow-up :drug testing. It also authorizes the railroads to conduct "reasonable cause" drug and alcohol testing.

"We are pleased that the men and women in the railroad industry refuse to tolerate alcohol or drug use by the.Lr'. co-workers," Carmichael said.

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I. SOMKUY OP RA%LROAD HANI)ATORY POST-ACCIDEll'r TESTillG 1987 1988 1989 1990 1991 , Ctl'HtJLATIVI Qualifying Events: 179 178 161 149 15? : 824 Employees tested: 770 682 607 524 552 : 3,135

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POSITIVE FXND:I.NGS:

• I Alcohol 3 3 6 l 2 ' 15 (0.4%) (0.4%) (1.0%) (0.2%) (0.4%) . (0.5%)

Controlled substances/

(prohibited use) 39 38 18 16 6 117 (5.1.\) (5.6%} (3. 0%) (3.0%) (1.1%) , (3. 71)

SUBTOTAL 42 41 24 17 8 132 (5.5%) (6.0%) (4.0%) (3.2%) (1.5%), . (4. 21)

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Prohibited drug use by *substance:

- Marijuana Cocaine Marijuana cocaine 30 6

l 25 8

2*

9 8

1 ll 0

0 3

2

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78 24 4

Other 2 3 0 5 l 11 (All numbers may not_ add exactly because of rounding . )

NOTE: Data for 1986 deleted due to a lack of full year exp,rience.

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II. RAXLROAD RANDOM DRUG TESTING llESttLTS

• 1990 1991 Numl:,er of urine tests: 35,228 50,436 Number of urine tests positive: 365 447 Percentage of urine tests positive: 1.04 .9

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Substances in positive urine:

0 marl.Juan.a . .............. ...... .. . 175 238 0 amphetamines . ................... . 0 1 0 cocaine . ........................ . 194 248 0 *Opiates . ........................ . 10 17 0 phencyclidine *.*...***...*.*****. 2 2 TOTAL 381 506

III. RAILROAD ALCOHOL/DRUG TEST RESULTS FRA REASONABLE CAUSE

.l.?. 88 89 91 Supervisory observations: 481,941 527,455 427,973 so:6, 01s 786,505 Rule G violations: 321 446 409 '; 391 340

1. breath alcohol tests: 593 1005 973

• 2662 2,798

1. breath tests positive: 24 46 31 32 37

% breath tests positive: 4.0 4.5 3.2 1.20 1.32 9 # urine tests: 5502 8925 9779 1:2,223 12,752

1. urine tests positive: 378 491 428 297 287 t urine tests positive: 6.9 5.5 4.4 12.42 2.24

1. urine tests positive--one or more controlled substances: 353 I 255 258

% urine tests positive--one or more controlled substances: 3.6 2.08 2.02 Total Tests: 6095 9930 10,752 14,885 15,590 Total Positives: 402 537 459 329 324 4ITotal Positive Rate: 6.6 5.4 4.3 2.21 2.os Substances in positive urine :

o alCohol .............. . 80 67 78 74 40 o marijuana .***. .* **.***. 198 222 171 90 108 o depressants **.*.*.**.. 14 17 12 3 0 o stimulants ****.***.*.* 69 106 151 1.11 116 o narcotics ******.****.** l2 30 22 'I 28 12 o hallucinogens .******.* 0 l 2 l 0 o other drugs **** * ****** 14 22 15 43 29 o Am.trak* ******* .-.. .***** 38 I,.otals: 387 503 451 '355 305 I

NOTE: Data for 1986 deleted due to a lack of a full year's d~ta.

• Amtrak declined to provide a breakdown of substances for 1988:.

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• • ' <:**. j* t, V\U Rockvill~, ar¥1~ !10855 (301) 309-9329 Secretary Attn: Docketing and Service Branch U.S. Nuclear Regulatory Commission Was~gton, D.C. 20555 Monday, May 4, 1992 Comment on Proposed Rule, "Fitness-for-Duty Requifements for Licensees Vlho Possess, Use, or Transport Category I Material", as published at 57 FR 18415

Dear Regulators:

The fitness-for-duty requirements are an excellent initiative, and should apply to every licensee employee (or contractor) who deals with the physical material or its primary "paper trail".

Although security is certainly an important issue, the improved public safety which accrues from improved reliability of SNM handling will hopefully be the most important benefit of adopting the rule. A strong presumption against exempting any categories of workers is warranted by this public safety consideration.

As ~ore options for measuring actual worker performance capabilities become available, I hope the NRC will consider mandating that licensees ensure that workers don't come to work so impaired by distraction, fatigue or infirmity that they cannot perform at a minimally acceptable level. I understand that such daily performance testing has been used to great advantage by a number of industrial organizations, with demonstrable improvements including reduced rework and accidents.

For the last four years, I've scrutinized virtually every NRC inspection report, looking expressly for information that can help power reactor licensees minimize the occupational and public safety risks associated with their radioactive sources. It is from this perspective that I've concluded that fitness-for-duty initiatives have the potential to be, in terms of public safety, the single most beneficial type of regulation left to be refined.

Very truly yours, DIOLOGICAL SPECTION REPORTS

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Steven B. Scholin, Publisher RADIOLOGICAL INSPECTION REPORTS (ISSN 1054-8815)

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'92 APR 24 A11 :27 NUCLEAR REGULATORY COMMISSION 10 CFR Parts 26, 70, and 73 RIN 3150-AD68 Fitness-For-Duty Requirements for Licensees Who Possess, Use, or Transport Category I Material AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission {NRC) is proposing to amend its regulations to establish fitness-for-duty requirements for licensees authorized to possess, use, or transport unirradiated formula quantity of strategic special nuclear material {Category I Material). These proposed amendments would provide greater assurance that those employees who are granted unescorted access to any amount of strategic special nuclear material (SSNM), who create or have access to safeguards records, who make measurements of SSNM, who transport or escort SSNM, and who guard SSNM do not have a drug or alcohol problem.

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DATES: Submit comments by {date 90 days after publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.

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ADDRESSES: Mail written convnents to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555. ATTN: Docketing and Service Branch.

Deliver comments to: One White Flint North, 11555 Rockville Pike, Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays.

Copies of the environmental assessment and finding of no significant impact, the supporting statement submitted* to 0MB, the regulatory analysis, and public comments received may be examined at: The NRC Public Document Room, 2120 L Street NW. {Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stanley P. Turel, Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3739.

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 the nuclear industry. Accordingly, on June 7, 1989, the Commission published a final rule that required licensees authorized to construct or operate nuclear power reactors to implement a fitness-for-duty program (54 FRN 24468).

During the first year (calendar year 1990) of drug and alcohol testing of nuclear power plant workers, approximately one percent of tests administered under the Part 26 requirements were positive. The NRC has no reason at the 2

present time to believe that the incidence of positive tests for workers affected by the proposed rulemaking would be appreciably less than the preceding percentage.

Existing regulations contained in 10 CFR Part 26 do not contain fitness-for-duty requirements for licensees who possess, use, or transport Category l Material: i.e., unirradiated formula quantities of strategic special nuclear material. These amendments are being proposed to require this category of licensee to implement such requirements.

This proposed rule is limited to licensees who are authorized to possess, use, or transport unirradiated Category I Material. It is not intended to include spent fuel storage facilities and non-power reactors possessing, using, or transporting formula quantities of irradiated SSNM which are exempt from the Category I physical protection requirements as set forth in 10 CFR Part 73.6.

Discussion The issue is that the employees of licensees who are authorized to possess, use, or transport Category I Material could be more easily coerced into participating in, or covering up, a diversion of strategic special nuclear material in any amount, if those employees have a drug or alcohol problem. Government sponsored studies have indicated a significant relationship between drug use and criminal conduct. Workers with drug or i

alcohol problems often have financial difficulties which make them susceptible to approaches by criminal, terrorist, or foreign intelligence entities who might recruit the workers to provide them with sensitive information or 3

property in return for money. Workers with substance abuse problems may engage in activities which make them vulnerable to blackmail, and as a result, they may participate or assist in acts of theft, sabotage, or the diversion of information or property. Also, if the human component of a safeguards system fails or 1s compromised, then the safeguards system would be seriously degraded or negated. Therefore, it is necessary to ensure that those employees who are a critical component of a safeguards system do not have a drug or alcohol problem. An example of such a failure would be a guaryl on duty that was incapacitated because of a drug or alcohol problem, thus enabling a theft of SSNM. A secondary issue is the safety concern. Evidence has shown that use of alcohol or drugs can impair a worker's motor skills and judgment sufficiently that accidents attributable to neglect or error are significantly more probable. The effects of such accidents are such that they will be contained largely within the boundaries of the facility having little or no consequence to the general public. Existing requirements for fitness-

- for-duty programs contained in 10 CFR Part 26 are applicable to nuclear power plant personnel and do not include the employees of Category I Material licensees. Under nonnal circumstances, the risk of diversion is not high for these licens~es because specific safeguards controls are already in place.

However, if a drug or alcohol is involved, one likely scenario could be collusion between a material handler and a recordkeeper (or a chemist).

Collusion would enable the diversion to happen or be covered up. It is possible that substance abuse could prov,ide the_ leverage by which employees could be induced to commit these types of acts.

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The diversion of Category I Material could become a safeguards problem which would be inimical to the national defense and security. But even if less than a fonnula quantity of SSNM were successfully diverted, the country could be at serious risk of blackmail by threat of using the material in a nuclear weapon. Alternately, if the material were to be sold to a terrorist group that had the ability to convert it into a crude nuclear weapon, and if that weapon were used, the consequence of the resulting explosion could be extremely costly in terms of lives and destruction. Therefore, the C~mmission believes that those employees of Category I licensees who are granted unescorted access to any amount of SSNM, who create or have access to safeguards records, who make measurements of SSNM, who transport or escort SSNM, and who guard SSNM should be subject to the fitness-for-duty requirements proposed in this rulemaking. Accordingly, this proposed rule is intended to discourage and detect the abuse of alcohol or drugs by subjecting certain licensee employees to a chemical testing program, including random 4I tests, and to correct such abuse through the employee assistance program. The cost of this amendment for the facilities affected would be a total of approximately $1 million for implementation and approximately $1 millon dollars per year for operationjl_costs.

Submission of Conunents on Exemptions Comments (with justification) are specifically requested on which i

classes of workers should be exempted from the rule. Such classes may be described by job category or responsibilities or by virtue of c1assification held, e.g., individuals who hold only NRC-R clearances under 10 CFR Part 11.

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Submission of Comments on Avoidance of Duplicative Chemical Testing of Some Drivers of Transport Vehicles Currently, the Department of Transportation (DOT) requires chemical testing for drugs for drivers of transport vehicles. This proposed rulemaking would require chemical testing for drugs and alcohol for drivers of vehicles transporting SSNM. Co11111ents (with justification) are specifically requested on the following questions.

I. Since chemical testing for drugs for drivers of transport vehicles is required by DOT regulations; (a) would a similar requirement by NRC for drivers of vehicles transporting SSNM result in duplicate testing for a significant number of drivers; and (b) would the requirements have a significant adverse impact on either the affected drivers or licensees?

2. Would adequate chemical testing for drugs be ensured if the final rule required NRC licensees to certify that drivers of vehicles transporting SSNM have been continuously subject to chemical testing for drugs under either NRC or DOT requirements? Separately, NRC would require testing for alcohol for drivers of vehicles transporting SSNM.

Submission of Corrments in Electronic Format Corrmenters may submit, in addition to the original paper copy, a copy of the letter in an electronic fonnat on IBM PC MS-DOS compatible 3.5- or 5.25-6

inch double-side, double-density (OS/DO} or high density (HO) diskettes. Data files should be provided in WordPerfect 5.0 or 5.1, unformatted ASCII code, or if formatted text is required, data files should be provided in IBM Revisable-Form-Text Document Content Architecture {RFT/OCA) format.

Finding of no Significant Environmental Impact: Availability The Cormiission has determined under the National Environmental ~olicy Act of 1969, a*s amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The amendment proposed would require subjecting certain licensee employees to a chemical testing program, including random tests for the use of drugs or alcohol, to all persons: (1) who are granted unescorted access to SSNM, (2) who are given

- responsibilities to create or have access to material control and accounting records, (3) who are given responsibilities to measure SSNM, (4) who are given responsibilities to transport or escort SSNM, and (5} are given responsibilities to guard SSNM. These requirements have no identifiable environmental impact. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 2120 l St. NW., (lower level),

Washington, DC. Single copies of the environmental assessment and the finding of no significant impact may be obtained from Stanley P. Turel, Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3739.

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Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.

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 re~iewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-3019, (3150-0146), Office of Management and Budget, Washington, DC 20503.

Regulatory Analysis The NRC has prepared a draft regulatory analysis on this proposed regulation. ,The analysis examines the costs and benefits of the alternati~es considered by the Commission. The draft analysis is available for inspection in the NRC Public Document Room, 2120 L ~t. NW. (Lower Level), Washington, DC.

t Single copies of the analysis may be obtained from Stanley P. Turel, Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S.

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Nuclear Regulatory Commission, Washington, DC 20555, telephone

{301) 492-3739.

r Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 198~ (5 U~S.C.

605(b)), the Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.

This proposed rule affects licensees who are authorized to possess, use, or transport Category I Material. These licensees do not fall within the scope of the definition of "small entities* set forth in the Small Business Size Standards adopted by the Commission in 1985 (see 50 FR 5024; December 9, 1985, and 56 FR 56671; November 6, 1991).

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule because these amendments do not impose requirements on existing 10 CFR Part 50 licensees. Therefore, a backfit analysis is not required for this proposed rule.

List of Subjects in .10 CFR Parts 26, 70, and 73 Part 26 - Alcohol abuse, Alcohol testing, Appeals, Category I Material, Chemical testing, Drug abuse, Drug testing, Employee assistance programs, Fitness for duty, Management actions, Nuclear power reactors, Protection of 9

information, Reporting and recordkeeping requirements, Sanctions, and Transporters.

Part 70 - Criminal penalty, 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.

Part 73 - Criminal penalty, Hazardous materials - transportation, Incorporation by reference, Nuclear materials, Nuclear power plants an~

reactors, Reporting and recordkeeping requirements, and Security measures.

For the reasons stated in the preamble 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 adopting the following amendment to 10 CFR Parts 26, 70, and 73.

PART 26 - FITNESS-FOR-DUTY PROGRAMS

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, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C.

5841, 5842, 5846).

For the purposes of Sec. 223,.68 Stat. 958, as amended (42 U.S.C. 2273);

Secs. 26.20, 26.21, 26.22, 26.23, 26.24, 26.25, 26.27, 26.28, 26.29 and 26.80 are issued under Sec. 16l{b) and (i), 68 Stat. 948, and 949, as amended (42 U.S.C. 220l{b) and (i)); Secs. 26.70, 26.71, and 26.73 are issued under sec. 1610, 68 Stat. 950, as amended [42 U.S.C. 2201(0)].

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2. Section 26.I is revised to read as follows:

§ 26.1 Purpose.

This part describes requirements and standards for the establishment and maintenance of certain aspects of fitness-for-duty programs and procedures by the licensed nuclear power industry, by persons licensed to possess or use Category I Material, and by transporters of Category I Material.

3. Section 26.2 is revised to read as follows:

§ 26.2 Scope.

(a} The regulations in this part apply to licensees authorized to operate a nuclear power reactor, to possess or use Category I Material, or to transport Category I Matertal. Each licensee shall implement a fitness-for-duty program which complies with this part. The provisions of the fitness-for-duty program must apply to all persons granted unescorted access to protected areas, to licensee, vendor, or contractor personnel, required to tit 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 Category I Material licensee and transporter personnel: (1) granted unescorted access to any amount of strategic special nuclear material (SSNM), (2) who create or have access to safeguards procedures or records for SSNM, (3) who make measurements of SSNM, (4) who transport or escort any amount of SSNM, or (5) who guard any amount of SSNM.

(b) The regulations in this part do not apply to NRC employees, or to i

law enforcement perso.nnel or offsite emergency fire and medical response personnel while responding on-site.

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(c) Certain regulations in this part apply to licensees holding permits to construct a nuclear power plant. Each construction permit ho1der, with a plant under active construction, shall comply with Sections 26.10, 26.20, 26.23, 26.70, and 26.73 of this part; shall implement a chemical testing program, including random tests; and shall make provisions for employee assistance programs, imposition of sanctions, appeals procedures, the protection of information, and recordkeeping.

4. In § 26. 3, the terms "Category I Material" and "Transporter" are added to read as follows:

§ 26.3 Defjnitions.

Category I Material means an unirradiated formula quantity of strategic special nuclear material (SSNM} as defined in Part 70 of this chapter.

Transporter means a general licensee pursuant to 10 CFR 70.20a, who is authorized to possess Category I Material 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 § 26.10, paragraph (a) is 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 Category I Material, will perfonil their tasks in a reliable and trustworthy

• manner and are not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way adve~sely affects their ability to safely and competently perform their duties;

6. In § 26.24, paragraph {b) is revised to read as follows:

§ 26.24 Chemical and alcohol testing.

(b) Testing for drugs and alcohol must at a minimum, conform to the

• Guidelines for Drug and Alcohol Testing Programs," issued by the Nuclear Regulatory Co111t1ission and appearing in Appendix A to this rule, hereinafter referred to as the NRC Guidelines. Licensees, at their discretion, may implement programs *with more stringent standards (e.g., lower cutoff levels, broader panel of drugs). All requirements in this Part apply to persons who fail a more stringent standard, but.do not test positive under the NRC Guidelines; management actions must be the same as if the individual failed the NRC standards.

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7. In§ 26.27, paragraphs (a), (b)(2), and (b)(3) are revised to read as follows:

§ 26.27 Management actions and sanctions to be imposed.

(a) Prior to the initial granting of unescorted access to a protected area, or to the initial granting of unescorted access by a Category I Material licensee to any amount of SSNM, or to the initial assignment to create or the initial granting of access to safeguards records or procedures for SSNM, or to the initial assignment to measure SSNM, or to the initial assignment tp transport or escort any amount of SSNM, or to the initial assignment to guard any amount of SSNM, or the assignment to activities within the scope of this Part to any person, the licen,see shall obtain a written statement from the individual as to whether activities within the scope of this part were ever denied the individual. The licensee, as applicable, shall complete a suitable inquiry on a best-efforts basis to determine if that person has, in the past, tested positive for drugs or use of alcohol that resulted in on-duty

- impairment, subject to a plan for treating substance abu_se (except for self-I referral for treatment), or removed from activities within the scope of this Part, or denied unescorted access at any other nuclear power plant, or denied unescorted access to SSNM, or removed from responsibilities to create or have access to safeguards records or procedures for SSNM, or removed from responsibilities to measure SSNM, or removed from the responsibilities of transporting or escorting any amount or SSNM, or removed from the responsibilities of guarding any amount of SSNM at any other facility in'

/

accordance with a fitness-for-duty policy. If such a record has been established, the new assignment to activities within the scope of this Part or granting of unescorted access must be based upon a management and medical 14

determination of fitness for duty and the establishment of an appropriate follow-up testing program, provided the restrictions of paragraph (b) of this section are observed. To meet this requirement, the identity of persons denied unescorted access or removed under the provisions of this Part and the circumstances for such denial or removal, including test results, will be made available in response- to a licensee's, contractor's or vendor's inquiry supported by a signed release from the individual. Failure to list reasons 4t for removal or revocation of unescorted access shall be sufficient cause for denial of unescorted access. Temporary ~ccess provisions shall not be affected by this Part provided that the prospective worker passes a chemical test conducted according to the requirements of 26.24(a)(l).

(b) * * *

(2) Lacking any other evidence to indicate the use> sale, or possession e 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 inunediate 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 removal from unescorted access to 15

protected areas, (i) removal from unescorted access to SSNM, (ii) removal from responsibilities to create or have access to safeguards records or procedures for SSNM, {iii) removal from responsibilities to measure SSNM, (iv) and removal from the responsibilities of transporting or escorting any amount of SSNM, (v) or removal from the responsibilities of guarding any amount of SSNM at any other licensee facility, as applicable, (vi) and activiti-es within the scope of this Part for a minimum of 3 years from the date of removal.

(3} Any individual determined to have been involved in the sale, use, 1

or possession of illegal drugs, while, as applicable, within a protected area of any nuclear power plant, within a facility that is licensed to possess or use Category I Material, or within a transporter's facility or vehicle, must be removed from activities within the scope of this Part. The individual, as applicable, may not (i) be granted unescorted access to protected areas, (ii}

be granted unescorted access to SSNM, (iii) be given responsibilities to

- create or have access to safeguards records or procedures for SSNM, (iv) be given responsibilities to measure SSNM, (v) be given responsibilities to transport or escort any amount of SSNM, (vi) be given responsibilities to guard any amount of SSNM or (vii) be assigned to activities within the scope of this Part for~ minimum of 5 years from the date of removal.

8. In§ 26.73, paragraph (d) is revised to read as follows:

§ 26.73 Reportjng requirements.

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(d} By [date 6 months after publication of final rule] each licensee who is authorized to possess, use, or transport Category I Material 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 describe any licensee cut-off levels more stringent than those imposed by this Part.

9. In Appendix A, the title is revised to read as follows:

Appendix A--Guidelines for Drug and Alcohol Testing Programs PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

10. The authority citation for Part 70 continues to read, in part, as follows:

AUTHORITY: Sec. 161, 68 Stat 948, as amended, (42 U.S.C. 2201); sec. - 201, 88 Stat. 1242, as amended (42 U.S.C. 5841) ***.

§ 70.20a. General license to possess special nuclear material for transport.

11. In § 70.20a, paragraph (d)(3) is revised to read as follows:

§ 70.20a General license to possess special nuclear material for transport.

(d) * * *

(3) Shall be subject to Part 26 and § 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 in part as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended, (42 U.S.C. 2201}; sec. 201, 88 Stat. 1242, as amended {42 U.S.C. 5841) ***

13. In § 73.6, the introductory paragraph is revised to read as follows:

§ 73.6 Exemptions for certain quantities and kinds of special nuclear material.

A licensee is exempt from the requirements of 10 CFR Part 26 and

§§ 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:

Dated at RockvHle, Maryland, thin-f,Jay of Q~ r , 1992.

For the Nuclear Regulatory Commission.

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