NRC Generic Letter 1991-16
Wt REG(,,C
C, eUNITED
tA STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON. D.C. 2055 October 3, 1991 TO: ALL HOLIERS OF OPERATING LICENSES OR'CONSTRUCTION PERMITS FOR
NUCLEAR POWER AND NON-POWER REACTORS AND ALL LICENSED OPERATORS
AND SENIOR OVERATORS
'SUBJECT: - LICENSED OPERATORS' AND OTHER NUCLEAR FACILITY PERSONNEL
FITNESS FOR DUTY (GENERIC LETTER 91-16)
The U.S. Nuclear Regulatory Commission (NRC) is issuing this generic letter
- to describe Federal'legislation that may affect addressees regarding fitness- for-duty issues and to describe briefly the recent rule change to Part 2, Appendix C, "General'Statement of Policy and Procedure-for NRC Enforcement Actions," and-!Part 55, "Operators' Licenses," of Title'10 of the'Code of Federal Regulations (10 CFR Part 55). Enclosure 1 is a copy of the Federal Regite 'hotice of this rule change.
On November 18, 1988, the-U. S. Congress, in the Anti-Drug Abuse Act of 1988 (Public Law 100-690), established a national policy of a drug-free America by
1995.' Section 5301 ofthe Anti-DrugAbuse Act provides that persons convicted of possession ot-.disttribution of controlled substances may be declared by a sentencing court'to be ineligible'for Federal benefits. A "Federal benefit"
is defined in the Anti-Drug Abuse Act to include any professional or commercial license provided by an agency of the United States or with appropriated funds of the United States. Thus, all individuals who conduct licensed activities authorized by an NRC license and all licensed operators and senior operators should know that, in accordance with the Anti-Drug Abuse Act, a conviction for possession or distribution of a controlled substance may result in the loss of elig-ibility'for an NRC license, denial or revocation of an NRC license, or-removal fromNRC-licensed activities.
On June 7, 1989 (54 FR 24468), the NRC issued a new 10 CFR Part 26, "Fitness- for-Duty Programs,"`to require each licensee authorized to construct or operate a nuclear power reactor to implement a fitness-for-duty program.
A fitness-for-duty program, developed under the requirements of this rule, should create a work environment that is free of drugs, alcohol, and the effects of the use of these substances.
On July 15, 1991 (56 FR 32066), the NRC amended 10 CFR Parts 2 and 55, effective August '14,.1991', to specify that the conditions and cutoff levels established in accordance with 10 CFR Part 26 apply' directly to licensed operators and senior operators at nuclear power plants and non-power reactor facilities as conditions of their licenses. These amendments did not impose the provisions of 10 CFR Part 26 upon non-power facility licensees. However, this rule change made it clear that all licensed operators and senior operators will be subject to notices of violation, civil penalties, or orders for violation of their facility licensees' fitness-for-duty requirements
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Generic Letter 91-16 - 2 - October 3, 1991 Drug and alcohol abuse is a social, medical, and safety problem affecting every segment of our society. The NRC recognizes that such abuse may exist among-licensed operators, senior operators, and others who work also at nuclear reactors.- The Commission believes all facility licensees should manage licensed activities so as to provide reasonable assurance that reactor personnel will perform their tasks in a reliable and trustworthy nuclear manner, and not be under the influence of alcohol or any prescription, over-the-counter, or illegal substance that in any way affects their ability to safely competently perform their duties. and Individuals should also know that, even if a conviction for possession distribution of a controlled substance does not result in a declaration or ineligibility for Federal benefits by the sentencing court, the NRC of accordance with its independent responsibility to protect the public may, in health and safety and the common defense and security, act on its own to deny, revoke, suspend, or modify a license or remove an individual from licensed activities, upon such conviction. NRC sanctions for licensed operators response to positive drug tests are described in 10 CFR Parts 2 in and 55.
This generic letter requires no specific action or written response.
have any questions about the information in this letter, please call If you the technical or legal contacts listed below or the appropriate regionalone of office.
Sincerely, Jambs G. Partlow, Associate Director fo' Projects Office of Nuclear Reactor Regulation Enclosures:
1. Federal Register notice 10 CFR Parts 2 and 55 (copy)
2. List of Recently Issued Generic Letters Technical Contacts: N. K. Hunemuller, NRR (10 CFR Part 55)
(301) 492-3173 L. L. Bush, Jr., NRR (10 CFR Part 26)
(301) 492-0944 Legal Contact: R. L. Fonner, OGC
(301) 492-1643
32066 Fedemal Regie Iol , No. 135 1 Monday. July 15, 19 / Rules and Regulations
5VL
requirements under the Paperwork environment for the performance of all compiled by the Depirtment. we have licensed activities by providing a clear determined that this rule will havc an Reduction Act of 190 (44 U.S.C 3501 el seq.). understanding t licensed operators of effect on the economy of tess than $100 the severity of violating requirements milliom wil not cause a major Increase Executive Order 12=7Z governing drug and alcohol use and in costs or prices for consumers. This pre actity is listed in the substance abuse.
individual Industries. Federal. State. or or Catalog of Federal Domestic Asssane EFFECTMVE DATE: August 14. 1991.
local government agencie is subject to geographic regions: and will not cause a under No.1.05 and FOR FURTHER INFORMATION
CONTACT
significant adverse effect on Executive Order 12372. whSch requires Robert M. Gallo, Chief. Operator competition, employment. Investment. intergovernmental const onwth Licensing Branch. Office of Nuclear productivity. innovation. or on the State and local officials. [See 7 CFR part Reactor Regulation. U.S. Nuclear ability of United States-based 301S. subpart V.) Regulatory Commission. Washington.
enterprises to compete with foreign- lst of Subjects In CFR Part 75 DC 20555 Telephone: (30I) 492-1031.
based enterprises in domestic or export markets. Animal diseas Brumcellosis. Cattle. SUPPLEMENTARY V4FORUATON:
For this action. the Office of Hogs, Quarantine. Transportation. Background Management and Budget has waived the PART 78-ERUCLLOSIS
review process required by Executive On June 7.1989 54 FR 2448). the NRC
Order 12291. Accordingly. we are adopting as a issued a new 10 CFR part 2M. entitled Cattle moved Interstate are moved for final rule. without change, the interim "Fitness-for-Duty Programs:' to require slaughter, for use as breeding stock. pr rule amending 9 CFR 7E41 (b) and (c4 licensees authorized to construct or for feeding. Changing the status of that was published at 50 FR 13750-13751 operate nuclear power reactors to Oklahoma from Class B to Class A implement a fitness-for-duty program.
on Aprai 4 1991. The general objective of this program is reduces certain testing and other Au Zi. U.&CJ11-114a-1.114g 125.
- odtj requirements governing the interstate to provide reasonable assurance that hom Oklahoma. 117. 20 121.123-1. 134h. 134f 7 CFR ZL1. nuclear power plant personnel will movement of cattle 2.s5. and 371.2(d However, cattle from certified perform their tasks in a reliable and Done In Washngto. DCr tds .bh day of trustworthy manner, and not under the brucellosis-free herds moving interstate July 1991
.
are not affected by this change. influence of any prescription, over-the- The principal group affected will be James W. GlCsr, counter. or illegal substance that in any the owners of noncertified herds In Adminhfi~to Anh1mand'fPhIntfiaIh way adversely affects their ability to Oklaboma not known to be affected InspectionService. safely and competently perform their with brucellosis who seek to sell cattle. [FR Doc. 91-18762 led 7-12-91; t45 am) duties. A fitness-for-duty program.
There are an estimated 62.000 herds In SOiNG CODE 34- developed under the requirements of Oklahoma that could potentially be this rule, is intended to create a work affected by this rule change. We environment that Is free of drugs and estimate that 99 percent of these herds NUCLEAR REGULATORY alcohol and the effects of the use of are owned by small entitles During COMMISSION these substances.
fiscal year 1990. Oklahoma tested On Apra 17, 1990(55 FR 14288). the
294.213 eligible cattle at livestock 10 CFR Parts 2 and 55 NRC published in the Federal Register markets. We estimate that RIN 31504D55 proposed amendments to10 CFR part 55 approximately 15 percent of this testing to specify that the conditions and cutoff was done to qualify cattle for Interstate Operators' Licenses levels established in 10 CFR part 28.
movement for purposes other than "Fitness-for-Duty Programs,. are slaughter. Testing costs approximately AGENCY. Nuclear Regulatory applicable to licensed operators as a
$3.50 per head. Since herd sizes vary. Commission.
condition of their licenses. These larger herds will accumulate more ACTON: Final rule. amendments also provide a basis for savings than smaller herds. Also. not all S.Ummr: The Nudear Regulatory taking enforcement action against herd owners will choose to market their licensed operators who violate 10 CFR
cattle in a way that accrues these costs Commission (NRC) is amending its regulations to speify that the conditions part 25. The proposed rule also savings. The overall effect of this rule on and cutoff levels established pursuant to described contemplated changes to the small entities should be to provide very NRC enforcement policy. The comment small economic benefit the Commlsslonia Fitness-for-Duty Programs are applicable to licensed period ended on July 2,1990.
Therefore we believe that changing The Commission Is adding specific Oklahoma's brucellosis status will not operators as conditions of their licenses.
The final rule provides a basis for taking conditions to operator licenses Issued significantly affect market patterns, and under 10 CFR part 55 to make fitness- will not have a significant economic enforcement actions against licensed operatorsn (1) Who use drugs or alcohol for-duty requirements directly impact on the small entities affected by applicable to licensed operators. As this rule. in a manner that would exceed the cutoff levels contained in the fitness-fr- poInted out In the supplementary Under these cir umstances, the information accompanying the Administrator of the Animal and Plant duty rule, (2) who are determined by a facilibrmedical review officer (MRO) to promulgation of 10 CFR part 28 the Health Inspection Service has scientific evidence shows conclusively determined that this action will not have be under the Influence of any that sinficant decrements in cognitive a significant economic impact on a precrpttion or over-the-counter drug that could adversely affect his or her and physical performance result from substantial number of small entities. the ulse of fllicit drugs as well as frmm ability to safely and competently Paperwork Redaction Act perform licensed duties, or (3) who sell the use and misuse of prescription and This rule contains no new Information use, or possess illegal drugs.The finm) over-the-counter drugs. GIven the rule will ensure a safe operational addictive and impairing nature of collection or recordkeeping
Federal Register 1 YVol. 5. No. 135-f Monida July15, 1991 TRes 1 and Regiuations 820m7 certain drugs, even though the presence The use of alcohol and drugs can The Commission Is amending SS.3 of drug metabolites does not necessarily directly Impair job performance. Other to establish as a condition of an relate directly to a current impaired causes of impairment include use of operator's license a provision precluding state, the presence of drug metabolites prescription and over-the-counter performance of licensed duties while in an individual's system strongly medications, emotional and mental under the influence of drugs or alcohol suggests the likelihood of past, present. stress, fatigue, illness, and physical and In any manner that could adversely or future Impairment affecting Job psychological impairments. The effects ffectperformance. TheCommission activities. More specifically, the of alcohol which is a drug, are well further amends 655.81 to provide Commission stated. 'Individuals who known and documented and, therefore, explicit additional notice of the terms are not reliable and trustworthy, under are not repeated here. Drugs such as and conditions under which an the influence of any substance, or marijuana, sedatives, hallucinogens, and operator s license may be revoked.
mentally or physically impaired in any high doses of stimulants could adversely suspended, or modified. In addition, way that adversely affects their ability affect an employee's ability to correctly confirmed positive test results and to safely and competently perform their judge situations and make decisions failures to participate In drug and duties, shall not be licensed or permitted fNUREG/CR-4196, "Drug and Alcohol alcohol testing programs will be to perform responsible health and safety Abuse: The Bases for Employee considered In maldng decisions functions." (See 54 FR 24488, June 7, Assistance Programs in the Nuclear concerning renewal of a part 55 license.
1989.) Although there Is an underlying Industry," available from the National These provisions will apply to any assumption that operators will abide by Technical Information Service). The fitness-for-duty program established by'
the licensees' policies and procedures, greatest impairment occurs shortly after a facility licensee, whether or not any involvement with illegal drugs. use or abuse, and the negative short- required by Commission regulations.
whether on site or off site, indicates that term effects on human performance including programs that establish cutoff the operator cannot be relied upon to (including subtle or marginal levels below those set by 10 CFR part obey the law and therefore may not impairments that are difficult for.a 26, appendix A. The Commission notes.
scrupulously follow rigorous procedural supervisor to detect) can last for several however, that it has the discretion to requirements with the integrity required hours or days. The amendment to 10 forgo enforcement action against a to ensure public health and safety in the CFR part 55 will establish a condition of licensed operator if the facility licensee nuclear power industry. an operatores license that will prohibit established cutoff levels that are so low The Commission believes strongly conduct of licensed duties while under as to be unreasonable in terms of the that licensed operators are a critical the influence of alcohol or any uncertainties of testing. The Commission factor in ensuring the safe operation of prescription, over-the-counter, or illegal has reserved the right to review facility the facility and consequently considers substance that would adversely affect licensee programs against the unimpaired job performance by each performance of licensed duties as performance objectives of 10 CFR part licensed operator or senior operator described by the facility's fitness-for- 2a, which require reasonable detection vital in ensuring safe facility operation. duty program. The amendment will be measures. The revised rule will not The NRC routinely denies Part 55 applicable to licensed operators of impose the previsions of 10 CFR part 26 license applications or imposes power and non-power reactors. This on non-powerfacility licensees. It is conditions upon operator and senior rulemaking is not intended to apply the revised to make compliance with the operator licenses if the applicant's provisions of 10 CFR part 26 to non- cutoff levels and the policy and medical condition and general health do power facility licensees, but to make it procedures regarding the use of legal not meet the minimum standards clear to all licensed operators (power and Illegal drugs established pursuant to required for the safe performance of and non-power) through conditions of 10 CFR part 26 a license condition for all assigned job duties. Further, under their licenses that the use of drugs or holders of a 10 CFR part 55 license.
£ 55.25, If an operator develops. during alcohol in any manner that could Part 26 requires that facility licensees the term of his or her license, a physical adversely affect performance of licensed provide appropriate training to licensed duties would subject them to operators, among others. to ensure that or mental condition that causes the enforcement action.'
operator to fail to meet the requirements As explained in the Commission's they understand the effect of for medical fitness, the facility licensee enforcement policy (see 53 FR 40OD; prescription and over-the-counter drugs Is required to notify the NRC. Any such October 13, 1988), the Commission may and dietary conditions on job condition may result In the operator's take enforcement action If the conduct performance and on chemical test license being modified. suspended, or of an individual places in question the results he training also should include revoked. NRCs reasonable assurance that information about the roles of The power reactor facility licensee is licensed activities will be &Cnducted supervisors and the medical review further required under I 26.20(a) to have properly. The Commission may tdke officer in reporting an operator's current written policies and procedures that enforcement action for reasons that use of over-the-counter drugs or address fitness-for-duty requirements on would warrant refusal to issue a license prescription drugs that may impair his or abuse of prescription and over-the- on an original application. Accordingly. her performance. Icensed operator are counter drugs and on other factors such enforcement action may be taken required to follow their facility's policies as mental stress, fatigue, and Illness that regarding matters that raise issues of and procedures regarding fitness-for- could affect fitness for duty. The trustworthiness, reliability, use of sound duty requirements.
Commission expects each licensed judgment, integrity, competence, fitness Licensed operators will be subject to operator or senior operator at these of duty, or other matters that may not notices of violation. civil penalties, or facilities to follow the licensee's written necessarily be a violation of specific orders for violatitn of their facility policies and procedures concerning the Commission requirements. licensee's fitness-for-duty requirements.
use and reporting requirements for Therefore, in addition to amending the prescription and over-the-counter drugs 'It should be aoted that discussico of fiteS-for- regulations to establish the 10 CFR part and other factors that the facility has k duty prowgras of Part 50 licensees only 55 licensed operators' obligations, the determined could affect fitness for duty. applicable for power reactor ldensee. Cumminission Is modifying the NRC
32063 32068Federal Register / Vol. So. No. 135 1 Monday. July 15. 1991 / Rules and Regulations enforcement policy (Appendix C to 10 one of the commenters wrote that the for-duty requirements can lead to CFR part 2) in conjunction with the final rule Is unnecessary because thO enforcement action and/or licensing rulemaking as described below. regulations already exist to ensure that action. There has been no change to the In cases involving a licensed the reactor operators adhere to 10 CFR rulemaking because of these comments.
operator's failure to meet applicable part 28 The Commission agrees that the Twenty commenters stated that it is fitness-for-duty requirements (10 CFR necessary regulations exist to have
55.53). the NRC may issue a notice of an unnecessary burden that the licensed power reactor operators proposed rule requires medical violation or a civil penalty to a licensed comply h the provisions of part 2.
operator, or an order to suspend, modify personnel to be available 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day However, the Commission realies that to make judgments about prescription or revoke the license. These actions may the licensed operator is one of the main be taken the first time a licensed and over-the-counter drugs. Medical components and possibly the mst personnel are not required by part 26 or operator fails a drug or alcohol test, that critical component of continued safe is, receives a confirmed positive test part 55 to be on duty 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day for reactor'operation. Therefore, It wants to prescription and over-the-counter drug that exceeds the cutoff levels of 10 CFR emphasize to and clearly inform the part 28 or the facility licenses's cutoff evaluation. The intent of the rule Is that levels, if tower. However, normally only operators that as conditions of their licensed operators follow the facility licenses they must comply with their fitness-for-duty program for supervisory a notice of violation will be Issued for facility's fitness-for-duty program. The the first confirmed positive test In the notification of fitness-for-duty concerns absence of aggravating circumstances Commission also wants to clarify the about the use of legal drugs. The term "use versus 'consutmption" of rulemaking has been clarified to more such as errors In the performance of alcohol In protected reactor areas The licensed duties. In addition. the NRC fully explain this intent.
rule has been rewritten to indicate that intends to Issue an order to suspend the the "use of alcohol means consumption There were two questions about the part 55 license for up to three years the of alcoholic beverages. The rule does basis for the rulemaking-f1) What is second time an Individual exceeds those not prohibit the use of alcohol within the the basis or need for the rule change? (2)
cutoff levels. Ifthere are less than three protected areas for other than ingestion. Is it an Industry wide problem? These years remaining In the term of the such as application to the body. The use questions were discussed above under individual license, the NRC may of medicine that contains alcohol Is the need for the rule (regulations consider not renewing the individual allowed within the parameters of the already exist). The Commission can license or not Issuing a new license until facility's fitness-for-duty program. have nothing but a zero tolerance level the three-year period is completed. The However, use of over4he-counter or for drug and alcohol use or abuse NRC Intends to Issue an order to revoke prescription drugs containing alcohol because of the critical nature of the the part 55 license the third time an industry. Terefore, the Commission individual exceed those cutoff levels. A must be within the prescribed limitations and In compliance with the deemed It necessary to stress licensed operator or applicant who compliance with facility fitness-for-duty refuses to participate In the drug and facility's fitness-for-duty progranL
Further, as 10 CFR part 28 does not programs as a condition of licensure.
alcohol testing programs established by There is no change to the rulemaking as the fifcity licensee or who Is Involved apply to non-power reactor licensees, the Commission wishes to make it clear a result of these comments.
in the sale, use, or possession of an There was one question about the illegal drug is subject to license to licensed operators at these facilites suspension, revocation, or deniaaL that the use of drugs or alcohol In any reporting of legal drugs. A licensed To assist Io determining the severity manner that could adversely affect operator asked how operators who do levels o potential volations, 10 CFR performance of licensed duties would not report medicinal use of drugs will be part 2 appendix C,wpplement 1, s subject them to enforcement action. treated. Licensed operators are required modified to provide a Severity Level Twenty-eight of the cowmentors to follow the fitness-for-duty program example of a licensed operator or senior wrote that this rule singles out licensed procedures and policies developed by operator involved in procedural eors operators for special treatment to the their facility.
which result in. or exacerbate the detriment of their morale The Two comments were specific to consequences of an alert or higher level Commission has considered the issue of licensed operators at test and research e ergency and subsequently receiving a morale and believes that most licensed reactor facilities. One was that formal confirmed positive test for drugs or operators already take their personal drug testing programs should not be alcohoL two Severity Level II examples fitness for duty quite seriously. If there required for non-power facilities. These of li a licensed operatev Involved in the are any negative impacts on ticensed programs are not required by Part 28 or sale. use, or possession of illegal drup operator morale these effects are Part 55 however, if a fitness-for-duty or the consumption of alcoholic expected to be short-lived as the vast program has been established at a non- bevtrags within the protected area, cm majority of licensed operators will be power facility, licensed operators are
(2)a licensed operat or senior unaffected This rule may. In fact, required to particpate. The second operator involved In procedural rs increase operator confidence that tfeir commneal regarding over-the-counter and subsequently receiving a confirmed peers are fit for duty. This rule stresses and prescription medication, was that positive test for drugs or alcohoL and a to licensed operators that because of ,nmedical review officers do not exist at Severity Level l example of a licensed their critical role in the safe operation of non-power facilities That statement Is operators confirmed positive test for their reactors. they must be shiged out true; there are no requirements in either drugs or alcohol that does not result In a for special treatment to stress that their part 2a or part 55 that they do. No Severity Level I or Uviolation. continuous unimpaired job performance change to theemakin was required Summary of NPe Conments Is a highly necessary component of the as a direct result of these comments.
overall safe operation of the reactors. However, as a result of the previous Letters of comment were received The rule also stresses to licensed comment regarding medical personnel from 39 res One commenter operators that their licenses are a availability, tO rule was changed to wrote two letter which brought the privilege and not a right,, and that clearly Include supervisory notification total number ofresponses to 40. Thirty. refusal to participate In facility itness- when medical officers am not available.
1 Monday. July 15. 1991 l Rntes and Reglations 3269 Federal Register I VoL 56, No. 135
44 a amndd 42 SC 23_
95583Stt.
955 83 Stat. 444. asSaended (42 U.SC. 2235 EnvronDental Impact Categodcal the Small Business Size Standards set out in regulations Issued by the Small 2=rz mmg 2Me83 Slat I 14246U.S.Q SOS.
Exclusion Sections 20. also issFed under sec.
Business Administration at 13 CFR part 102, Pub. L 91-190. 83 Stat 853. as amended The NRC has determined that thi 121 or the NRCW size standards (42 U.S.C. 4332). Sections 2.700a. 219 alo final rule is the type of action descibed published December 9.1985 (50 FR issued under 5 U.S.C 54. Sections 2754, in categorical exclusion 10 CFR 5041. Hiower, the rule will only serve 2.760. 2.77 2.780 also issued under 5 US.C
51.22(cXl) Therefore, neither an to provide notice to licensed individuals 557. Section 2.754 and Table IA of Appendix environmental impact statement nor an of the conditions under which they are C also issued under secs. 135,141. Pub. L 97- environmental assessment has been expected to perform their licensed 425, 98 Stal. 2232 2241 (42 U.S.C 10155.
prepared for this rule. duties. 10161). Section 2.7w also Issued under sec. 103. 68 Stat. 938 as amended (42 U.S.C. 21331
Paperwork Reduction Act Statement
Backfit AnalysIs and 5 U.SC. 552. Sections 2.800 and 2.808 also This final rule does not *ntin a Dw detemined that the issued under 5 U.S.C. 53. Section 2.809 also The NRC has issued under 5 US&C 55 and sec. 29. Pub. L
or amended information collection backfit rule. 10 CFR So0.09 does not e8-258. n Stat. 579 as amended (42 U.S.C.
requirement subject to the Paperwork apply to thfinal rule. and therefore, 2039). Subpart K also Issued under sec. 189, Reduction Act of 1980 (44 U.S.C. 35m et that a barefit analysis is not required for 68 Stat. 955 (42 U.S.C. 2239t sec. 134, Pub. L
seq.). Existing requirements were this rule because these amendments do 97-425, 96 Stat. 2230 (42 US.C. 10154).
approved by the Office of Management not involve any provisions that would Subpart L also issued under sec. 189. 6 Stat.
and Budget approval number 3150-COI impose baddfits as defined In 10 CFR 9W (42 U.S.C. 2239. Appendix A also issued
50.10K9(aX). under sec 6. Pub. L In-M.64 StaL 1473 (42 Regulatory Analysis USC. 2135). Appendix B also Wssued under The regulations in 10 CFR part 55 List of Subjects sec. 10 Pub. L 99-40.6 Slat. 1842 (42 U.S.C
establish procedures and criteria fOr the 10 CFA Part2 2=b et se)
issuance of licenses to operators and 2. Appendix C to 10 CFR part 2 is Administrative practice and senior operators of utilization facilities procedure, Antitrust, Byproduct amended by- licensed pursuant to the Atomic Energy Information. a. Adding an undesignated paragraph material. Classified Act of 1954. as amended. or section 202 Environmnental protection Nuclear at the end of section V. E.
of the Energy Reorganization Act of materials. Nuclear power plants and b. Adding paragraph (8) to section
1974, as amended, and 10 CFR part 50. reactors. Penalty, Sex discrimination. VII, and These established procedures provide Source material. Special nuclear c. Adding paragraph A. 5. B. 3. B. 4..
the terms and conditions upon which the Waste treatment and disposal. and C. I to supplement I to read as Commission will Issue, modify, material.
follows:
maintain, and renew operator and 10 CFR Part55 Appendix C-General Statement of senior operator licenses. Criminal penalty. Manpower training Policy mid Procedure for NRC
Subpart F of part 55, under 5 55.53. programs. Nuclear power plants and Enforcekent Actions
'Conditions of Licenses," sets forth the reactors. Reporting and recordkeeping * * a
- .
requirements and conditions for the requirements.
maintenance of operator and senior For the reasons set oat in the V. Eaforcement Actions operator licenses. preamble and under the authority of the * * * * *
This rile serves to emphasize to the 1954. as amended.
Atomic Energy Act of holders of operator and senior operator the Energy Reorganization Act of 1974. E. Enforcement Actions
. .
Involving Individuals
.
licenses the conditions they are required and 5 US.C. 552 and 553.
as amended, to comply with under 10 CFR part 26, the NRC is adopting the following In the case of a licensed operator's failure
"Fitness-for-Duty Programs." A amendments to I CFR part 2 and 10 to meet applicable fitness-for-duty regulatory analysis has been prepared requirements (10 CFR 55.5301). the NRC may CFR par 55. issue a notice of violation or a civil penalty to for the final rule resulting in the promulgation of part 26 and is available PART 2-RULES OF PRACTICE FOR the part 55 licensee, or an order to suspend.
for inspection in the NRC Public modify or revoke the license. These actions DOMESTIC UCENSING PROCEEDINGS may be taken the first time a licensed Document Room. 2120 L Street NW. operator fails a drug or alcohol test that is.
(Lower Level). Washington. DC. This 1. The authority citation for part 2 to read as follows: receives a confirmed positive test that analysis examines the costs and continues exceeds the cutoff levels of 10 CFR part 28 or benefits of the alternatives considered Autherd Sacs. 181. 11.s6 Stat. 948 5s3. the facility licensees cutoff levels, if lower.
by the Commission for compliance with as amended (42 U.S.C. 2201. 2231): sea 191. s However, normally only a notice of violation the conditions and cutoff levels. The amended. Pub. L 87415.76 Stat. 409 (42 will be issued for the first confirmed positive requested public US.C. 2241): sec. 201 88 Slat. 1242. as test in the absence of aggravating Commission previously amended (42 U.S.C. 5841; 5 U.S.C 552.
comment on the regulatory analysis as secs. 58 62 circumstances such as errors In the Section 2Lm also Issued under performance of licensed duties. In addition.
part of the rulemaking proceeding that 63.1.03,10X 105.68 Stat. 2.9 g335.
the NRC Intends to bsue an order to suspend resulted in the adoption of part 28. 938.937.53& as amended (42 US.C. 2= the part 55 license for up to three years the
2ueZ 23.2111. Ill, 2134. 2135k see. 1141f) second time a licensed operator exceeds Regulatory Flexibility Certification Pub. L 97-425. 9g Stat. 2213. as amended (42 L 91-190 83 those cutoff levels. In the event there are less In accordance with the Regulatory U.SJC. 10134(fl sec. 1L Pub. than three years remaining in the term of the Flexibility Act. 5 U.S.C. 60(b), the NRC Stat. 853. as amended (42 U.SC 4332. sec. individuals license. the NRC may consider
301, 5 Stat. 1248 (42 US.C 5877). Sections certifies that this rule will not have a 2.102. LIMLim4. Lim. L.2m also iued not renewin the lndhivdual's license or not significant economic effect on a under as. M& 103.104.2 1N, 189.68 Stat issitg a new license after the three year substantial number of small entities. 936.G7MU. A,455, astamended l4 U.S.C period is completed. The NIRC Intends to Many applicants or holders of operator issue an order to revoke the part 55 license
223Z am213213135. e2233.22 9 Secio the third time a licensed operator exceeds licenses fall within the definition of 2.105 also Issued wader Pub. L 57-41& 96 those cutoff lewvls. A licensd operator or small businesses found in section 34 of Stat. 2073 (42 U.SC. 2239= Sections 2200-
Stat applicant who refuses to participate in the the Small Business Act (15 U.S.C. 6321 oi r2.206 also Issued under secs 188. 234. 8
32070 Federal Register / VOL 56i No. 135 _ Monday, July 15, 1991 / Rules and Regulations
4N=EN=MN0M=R
drug and alcohol testing programs paragraphs U) and (k) are added to read established by the facility licensee or who Is Dated at Rockville, Maryland. this 5th day Involved In the sale, use, or possession of an as fo ows: of July 199L
Illegal drug is subject to license suspenson. I55.53 ConcitIors of Oense, For the Nuclear Regulatory Commission.
revocation, or deniaL Samuel J. Chilk;
- * * * Secretaryof the Commission.
I) The licensee shall not consume or [FR Doc. 91-18687 Filed 7-12-91:845 ams VIII. Responsibilities ingest alcoholic beverages within the protected area of power reactors, or the ILN coot 75w-1_-
(81 Any proposed enfqrcement action controlled access area of non-power involving a civil penalty to a licensed reactors The licensee shall not use.
'operator. possess, or sell any illegal drugs. The 10 CFR Part 9 licensee shall not perform activities authorized by a license Issued under this Duplication Fees Supplement I-Severity Categories part while under the influence of alcohol or any prescription, over-the-counter, or AGENCY Nuclear Regulatory ReactorOperations Commission.
llegal substance that could adversely A. SeverityI * * * affect his or her ability to safely and ACTION: Final rule.
5. A licensed operator at the controls competently perform his or her licensed SUGARS.: The Nuclear Regulatory of a nuclear reactor, or a senior operator duties. For the purpose of this Commission (NRC) is amending its directing licensed activities, involved in paragraph, with respect to alcoholic beverages and drugs, the term "under regulations by revising the charges for procedural errors which result In, or copying records publicly available at the exacerbate the consequences of, an alert the influence" means the licensee NRC Public Document Room in or higher level emergency and who, as a exceeded, as evidenced by a confirmed Washington, DC. The amendment is result of subsequent testing, receives a positive test, the lower of the cutoff levels for drugs or alcohol contained in necessary in order to reflect the change confirmed positive test result for drugs in copying charges resulting from the or alcohol 10 CFR part 28, appendix A, of this chapter, or as established by the facility Commission's award of a new contract B. Severity II licensee. The term "under the influence" for the copying of records.
3. A licensed operator involved In the also means the licensee could be EFFECTIVE DATt July 15, 1991.
use, sale, or possession of illegal drugs mentally or physically Impaired as a FOR FURTHER INFORMATION
CONTACT
.
or the consumption of alcoholic result of substance use including Michelle Schroll, Public Document Room beverages, within the protected area. prescription and over-the-counter drugs, Branch, Office of the Secretary, U.S.
4. A licensed operator at the controls as determined under the provisions, Nuclear Regulatory Commission, of a nuclear reactor, or a senior operator policies, and procedures established by Washington, DC 20555, telephone 202- directing licensed activities, Involved in the facility licensee for is fitness-for- 534-5338.
procedural errors and who, as a result of duty program, in such a manner as to SUPPLEMENTARY INFORMATION: The NRC
subsequent testing, receives a confirmed adversely affect his or her ability to maintains a Public Document Room positive test result for drugs or alcohoL safely and competently perform licensed duties. (PDR) at its headquarters at 2120 L
C Severity In . . . (k) Each licensee at power reactors Street, NW. Lower Level, Washington, shall participate in the drug and alcohol DC The PDR contains an extensive
9. A licensed operator's confirmed collection of publicly available technical positive test for drugs or alcohol that testing programs established pursuant to
10 CFR part 28 Each licensee at non- and administrative records that the NRC
does not result in a Severity Level I or I receives or generates. Requests by the violation. power reactors shall participate in any drug and alcohol testing program that public for the duplication of records at may be established for that non-power the PDR have traditionally been facility. accommodated by a duplicating service PART SS-OPERATORS' UCENSES contractor selected by the NRC. The
3. The authority citation for part 55 5. In 1 55.61, a new paragraph (b)(5) is schedule of duplication charges to the continues to read as follows: added to read as follows: public established in the duplicating service contract Is set forth in 10 CFR
Authoslty Sec*. 107, 181, 182 88 StaL 939, 155S81 Modifitation awd revocation ot 9.35 of the Commission's regulations.
94,9S3. as amended, sec. 234,83 Stat. 444. as The NRC has recently awarded a new amended (42 US.C. 2137.2201. 23Z 2282s) * * * 0 duplicating service contract. The revised v~
secs. 21. as amended, 202.88 Sta IZ4Z, as amended, 1244 (42 U.S.C. 5841. 5S42). (b)* fee scheduled reflects the changes in Sections 55.41.55.43,55.48, and 5559 also (5) For the sale, use or possession of copying charges to the public that have Issued under sec. 306. Pub. L 97-42. g9oStatL illegal drugs, or refusal to participate in resulted from the awarding of the new
2262 (42 U.S.C. 10228). Section 5581 also the facility drug and alcohol testing contract for the duplication of records at issued under secs, 1886 187, 88 Stat 955 (42 program, or a confirmed positive test for the PDR.
U.S.C. 223 2237). - drugs, drug metabolites, or alcohol in For the purposes of sec. 223. StaL 95 as violation of the conditions and cutoff Because this is an amendment dealing amended (42 U.S.C. 2273k t58 . 53.21. with agency practice and procedures,
55.49, and 55.53 are issued under sec. 161, e& levels established by i 55.53(X or the consumption of alcoholic beverages the notice provisions of the Stat. 949, as amended (42 U.S.C. 22011)) and Administrative Procedures Act do not It 55A 5523 55255and 5553(1) are Issued within the protected area of power apply pursuant to 5 U.S.C. 553(bNA). In under sec. Ie1o, e8 Stat 95ft as amended (42 reactors or the controlled access area of addition, the PDR users were notified on U.SC 2201(o).- non-power reactors, or a determination June 27, 199, that the new contract was of unfitness for scheduled work as a being awarded and that the new prices.
4. In 1 55.53. paragraph (I; is result of the consumption of alcoholic redesignated as paragraph (1) and new would go into effect on July 10, 1991. The beverages. amendment is effective upon publication
LIST OF RECENTLY ISSUED GENERIC LETTERS
Generic Date of Letter No. Subject Issuance Issued To
91-15 OPERATING EXPERIENCE 09/23/91 ALL POWER REACTOR
FEEDBACK REPORT, SOLENOID- LICENSEES AND
OPERATED VALVE PROBLEMS AT APPLICANTS
US REACTORS
91-14 EMERGENCY TELECOMMUNICA- 09/23/91 ALL HOLDERS OF OP
TIONS LICENSES OR CONST.
PERMITS
91-13 REQUEST FOR INFO RELATED 09/19/91 LICENSEES AND APPLI-
TO RESOLUTION OF GI130, CANTS Braidwood, Byron
"ESSENTIAL SERVICE WATER Catawba, Comanche Peak SYS FAILURES AT MUTLI-UNIT Cook, Diablo, McGuire SITES," PURSUANT TO 1OCFR50.54(f)
91-12 OPERATOR LICENSING NAT. 08/27/91 ALL PWR REACTOR
EXAMINATION SCHEDULE AND APPLICANTS FOR
AN OPERATING LICENSE
91-11 RESOLUTION OF GENERIC 07/18/91 ALL HOLDERS OF
ISSUES 48, "LCOs FOR CLASS OPERATING LICENSES
1E VITAL INSTRUMENT BUSES,"I
and 49, "INTERLOCKS AND LCOs FOR CLASS lE TIE BREAKERS"
PURSUANT TO 1OCFR50.54(f)
91-10 EXPLOSIVES SEARCHES AT 07/08/91 TO ALL FUEL CYCLE
PROTECTED AREA PORTALS FACILITY LICENSEES
WHO POSSESS, USE,
IMPORT OR EXPORT
FORMULA QUANTITIES
OF STRATEGIC SPECIAL
NUCLEAR MATERIAL
88-20 INDIVIDUAL PLANT EXAMINATION 06/28/91 ALL HOLDERS OF
SUPP. 4 OF EXTERNAL EVENTS (IPEEE) OLs AND CPs FOR
FOR SEVERE ACCIDENT VULNERA- NUCLEAR POWER
BILITIES - 10 CFR 50.54 (f) REACTORS
91-09 MODIFICATION OF SURVEILLANCE 06/27/91 ALL HOLDERS OF
INTERVAL FOR THE ELECTRICAL OLs FOR BWRs PROTECTIVE ASSEMBLIES IN
POWER SUPPLIES FOR THE
91-08 REMOVAL OF COMPONENT LISTS 05/06/91 ALL HOLDERS OF OLs FROM TECHNICAL SPECIFICA- OR CPs FOR NUCLEAR
TIONS POWER REACTORS
Generic Letter 91-16 -2 - October 3, 1991 Drug and alcohol abuse is a social, medical, and safety problem affecting every segment of our society. The NRC recognizes that such abuse may also exist among licensed operators, senior operators, and others who work at nuclear reactors. The Commission believes all facility licensees should manage licensed activities so as to provide reasonable assurance that nuclear reactor personnel will perform their tasks in a reliable and trustworthy manner, and not be under the influence of alcohol or any prescription, over-the-counter, or illegal substance that in any way affects their ability to safely and competently perform their duties.
Individuals should also know that, even if a conviction for possession or distribution of a controlled substance does not result in a declaration of ineligibility for Federal benefits by the sentencing court, the NRC may, in accordance with its independent responsibility to protect the public health and safety and the common defense and security, act on its own to deny, revoke, suspend, or modify a license or remove an individual from licensed activities, upon such conviction. NRC sanctions for licensed operators in response to positive drug tests are described in 10 CFR Parts 2 and 55.
This generic letter requires no specific action or written response. If you have any questions about the information in this letter, please call one of the technical or legal contacts listed below or the appropriate regional office.
Sincerely, Original signed by:
James G. Partlow, Associate Director for Projects Office of Nuclear Reactor Regulation Enclosures:
1. Federal Register notice 10 CFR Parts 2 and 55 (copy)
2. List of Recently Issued Generic Letters Technical Contacts: N. K. Hunemuller, NRR (10 CFR Part 55) DISTRIBUTION:
(301) 492-3173 Central Files NRC PDR
L. L. Bush, Jr., NRR (10 CFR Part 26) DLPQ r/f
(301) 492-0944 NHunemuller Legal Contact: R. L. Fonner, OGC
(301) 492-1643
- SEE PREVIOUS PAGE FOR CONCURRENCE
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09/09/91*7 /1k/91 I/ \491 / q i°/91 IgA 9/ 91 OFFICIAL RE D COPY
DOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR
Generic Letter 91- - 2 -
Drug and alcohol abuse is a social, medical, and safety problem affecting every segment of our society. The NRC recognizes that such abuse may also exist among licensed operators, senior operators, and others who work at nuclear power reactors. The Commission believes all facility licensees should manage licensed activities so as to provide reasonable assurance that nuclear power plant personnel will perform their tasks in a reliable and trustworthy manner, and not be under the influence of alcohol or any prescription, over-the- counter, or illegal substance that in any way affects their ability to safely and competently perform their duties.
Individuals should also know that, even if a conviction for possession or I
distribution of a controlled substance does not result in a declaration of ineligibility for Federal benefits by the sentencing court, the NRC may, in accordance with its independent responsibility to protect the public healthy and safety and the common defense and security, act on its own to deny, revoke, suspend, or modify a license or remove an individual from licensed activities, upon such conviction. NRC sanctions for licensed operators in response to positive drug tests are described in 10 CFR Parts 2 and 55.
This generic letter requires no specific action or written response. If you have any questions about the information in this letter, please call one of the technical or legal contacts listed below or the appropriate regional office.
Sincerely, ama i. rtlow, Associate Director for Projects Office of Nuclear Reactor egulation Enclosures:
1. Federal Register notice 10 IFR Parts 2 and 55 (copy)
2. List of Recently Issued Ge eric Letters Technical Contacts: N. K. Hunemuller, NRR (10 FR Part 55)
(301 492-3173 L. L. Bush, Jr., NRR/ 10 CFR Part 26)
(301) 492-0944 Legal Contact: R. L. Fonner, OGC
(301) 492-1643
- SEE PREVIOUS PAGE FOR CONCURRENCE
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/ /91 / /91 / /91 / /91 / /91 S9 /9/91 OFFICIAL RECORD COPY
DOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR
"* N%.
Generic Letter 91- - 2 -
Drug and alcohol abuse is a social, medical, and safety problem affecting every segment of our society. The NRC recognizes that such abuse may also exist among licensed operators, senior operators, and others who work at nuclear power reactors. The Commission believes all facility licensees should manage licensed activities so as to provide reasonable assurance that nuclear power plant personnel will perform their tasks in a reliable and trustworthy manner, and not be under the influence of alcohol or any prescription, over-the- counter, or illegal substance that in any way affects their ability to safely and competently perform their duties.
Individuals should also know that, even if a conviction for possession or distribution of a controlled substance does not result in a declaration of ineligibility for Federal benefits by the sentencing court, the NRC may, in accordance with its independent responsibility to protect the public health and safety and the common defense and security, act on its own to deny, revoke, suspend, or modify a license or remove an individual from licensed activities, upon such conviction. NRC sanctions for licensed operators in response to positive drug testgare described in 10 CFR Parts 2 and 55. -
This generic letter requires no specific action or written response. f you have any questions about the information in this letter, please cal ne of the technical or legal contacts listed below or the appropriate red onal office.
Sincerely, James G. Partlow, ociate Director for Projects Office of Nucl r Reactor Regulation Enclosures:
1. Federal Register notice 10 CFR Parts 2 an 55 (copy)
2. List of Recently Issued Generic Letters Technical Contacts: N. K. Hunemull v NRR (10 CFR Part 55)
(301) 492-31 L. L. Bush/ Jr., NRR (10 CFR Part 26)
(301) 4 -0944 Legal Contact: R. L. Fonner, OGC
(301) 492-1643
- SEE PREVIOUS PAGE FOR CONCURRENCE
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/ /91 / /91 / /91 / /91 / /91 / /91 OFFICIAL RECORD COPY
DOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR
Generic Letter 91- -2 -
Drug and alcohol abuse is a social, medical, and safety problem affecting every segment of our society. The NRC recognizes that such abuse may also exist among licensed operators, senior operators, and others who work at nuclear power reactors. The Commission believes all facility licensees should manage licensed activities so as to provide reasonable assurance that nuclear power plant personnel will perform their tasks in a reliable and trustworthy manner, and not under the influence of alcohol or any prescription, over-the- counter, or illegal substance that in any way affects their ability to safely and competently perform their duties.
Individuals should also know that, even if a conviction for po ession or distribution of a controlled substance does not result in a d claration of ineligibility for Federal benefits by the sentencing court, e NRC may, in accordance with its independent responsibility to protect tie public health and safety and the common defense and security, act on its own to deny, revoke, suspend, or modify a license or remove an individ al from licensed activities, upon such conviction.
This generic letter requires no specific action or wri ten response. If you have any questions about the information in this let r, please call one of the technical or legal contacts listed below or the ppropriate regional office.
Sincerely, James G. artlow, Associate Director for Pr jects Office f Nuclear Reactor Regulation Enclosures:
1. Federal Register notice 10 CFR Parts and 55 (copy)
2. List of Recently Issued Generic Lett rs Technical Contacts: N. K. Hunemul er, NRR (10 CFR Part 55)
(301) 492-31 3 L. L. Bus Jr., NRR (10 CFR Part 26)
(301) 49 0944 Legal Contact: R. L. F nner, OGC
(301) 92-1643 I
- SEE PREVIOUS PAGE FOR CONCU RENCE
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DOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR
Individuals should also know that, even if a conviction for possession or distribution of a controlled substance does not result in a declaration of ineligibility for Federal benefits by the sentencing urt, the NRC may, in a dance with its independent responsibility to potect the public health and safet nd the common defense and security, ct on its own to deny, revoke, suspen or modify a license or remoy an individual from licensed activities, upon ch conviction.
This Jeneric getter re uires no specifi action or written response. If you have any questions about the informa on in this letter, please call one of the technical or legal con acts li ed below or the appropriate regional office.
Sincerely, nmes G. Partlow, Associate Director or Projects Off e of Nuclear Reactor Regulation Enclosures:
1. Federal Register no ce 10 CFR Parts 2 an 55 (copy)
2. List of Recently I ued Generic Letters Technical Contacts: N. K. Hunemuller, NRR (10 R Part 55)
(301) 492-3173 L. L. Bush, Jr., NRR (10 CFR Par 26)
(301) 492-0944 Legal Contact: R. L. Fonner, OGC
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/ /91 / /91 / /91 / /91 / /91 / /91 OFFICIAL RECORD COPY
DOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR