ML20127P552
| ML20127P552 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1992 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Graham B, Kostmayer P, Sharp P HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| FRN-56FR41922, RULE-PR-26 NUDOCS 9302010320 | |
| Download: ML20127P552 (4) | |
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'%,',,,,/ Decemt.cr 2,1992 The Hon ~able Phillip R. Sharp, Chairman Subcomt...stee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) amended its Fitness-for-Duty Rule (10 CFR Part 26 on August 26, 1991 (56 FR 41922)). The amendment clarified the NRC's intent concerning the unacceptability of taking actions against an individual that is based solely on the preliminary results of a drug screening test and to permit, under certain conditions, employment actions, up to and including '.ht action of temporary removal of an individual from unescorted access or frcm normal duties, based on an unconfirmed positive result from an initial screening test for marijuana or cocaine. This rule became effective on September 25, 1991, except for the information collection requirements contained in 5 5 26.24(d)(2) and 26.71(d).
The Office of Management and Budget (0MB) limited its approval of the information collection contained in 5 26.71(d) to those licensees who choose to exercise the option of temporarily removing an individual from unescorted access or from normal duties based on an unconfirmed positive test result.
Er. closed for your information is a copy of the withdrawal of NRC information collection requirements approved by the Commission for publication in the Federal Reaister.
Sincerely, f
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Dennis K. Rathbun, Director Office of Congressional Affairs cc: Rep. Carlos J. Moorhead 290008 0
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\,,,,,8 Dco rber 2, 1992 The Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) amended its Fitness-for-Duty Rule (10 CFR Part 26 on August 26, 1991 (56 FR 41922)]. The amendment clarified the NRC's intent concerning the unacceptability of taking actions against an individual that is based solely on the preliminary results of a drug screening test and to permit, under certain conditions, employment actions, up to and including the action of terroorary removal of an individual from unescorted l access or from normal duties, based on an unconfirmed positive result from an initial screening test for marijuana or cocaine. This rule became effective on Septemberz ' 5,1991, except for the information collection requirements contained in 5 5 26.24(d)(2) and 26.71(d).
The Office of Management and Budget (OMB) limited its approval of the information collection contained in 9 26.71(d) to those licensees who choose to exercise the option of temporarily removing an individual from unescorted access or from normal duties based on an unconfirmed positive test result.
Enclosed for your information is a copy of the withdrawal of NRC information collection requirements approved by the Commission for publication in the Federal Reaister.
Sincerely, p ~~ [ ( -
Dennis K. Rathbun, Director
- Office of Congressional Affairs cc: Rep. John J. Rhodes l
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c,' . . . . . 'f Docuter 2,1992 The Honorable Bob Graham, Chairman Subcommittee on tiuclear Regulation Committee on Environment and Public Works United States Sc1 ate Washington, DC 20510
Dear Mr. Chairman:
The Wuclear Regulatory Commission (NRC) amended its Fitness-for-Duty Rule
[10 CFR Part 26 on August 26, 1991 (56 FR 41922)). The amendment clarified the NRC's intent concerning the unacceptability of taking actions against an individual that is based solely on the preliminary results of a drug screening test and to permit, under certain conditions, employment actions, up to and including the action of temporary removal of an individual from unescorted access or from normal duties, based on an unconfirmed positive result from an initial screening test for marijuana or cocaine. This rule became effective on September 25, 1991, except for the information collection requirements contained in S 6 26.24(d)(2) and 26.71(d).
The Office of Management and Budget (OMB) limited its approval of the information collection contained in S 26.71(d) to those licensees who choose to exercise the option of temporarily removing an individual from unescorted access or from normal dutic; based on an unconfirmed positive test result.
Enclosed for your information is a copy of the withdrawal of NRC information collection requirements approved by the Commission for publication in the Federal Reaister.
Sincerely, pu . -
Dennis K. Rathbun, Director
- Office of Congressional Affairs cc: Sen. Alan K. Simpson
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Decator 2,1992 The Honorable Bob Graham, Chairman Identical letters were sent to Subcommittee on' Nuclear Regulation Rep. Peter Kostmayer and Committee on Environment and Public Works Rep. Philip Sharp United States Senate Washington, DC 20510
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) amended its Fitness-for-Duty Rule
[10 CFR Part 26 on August 26, 1991 (56 FR 41922)]. The amendment clarified the NRC's intent concerning the unacceptability of taking actions-against an individual that is based solely on the preliminary results of a drug screening test and to permit, under certain conditions, employment actions, up to and including the action of temporary removal of an individual from unescorted access or from normal duties, based on an unconfirmed positive result from an initial screening test for marijuana or cocaine. This rule became effective on September 25, 1991, except for the information collection requirements '
contained in 6 6 26.24(d)(2) and 26.71(d).
The Office of Management and Budget (OMB) lir.:ited its approval of the information collection contained in 6 26.71(d) to those licensees who choose to exercise the option of temporarily removing an individual from unescorted access or from normal duties based on an unconfirmed positive test result.
F Enclosed for your information is a copy of the withdrawal of NRC information collection requirements approved by the Commission for publication in the Federal Reaister.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Af fairs cc: Sen. Alan K. Simpson Distribution:
Central Files W. T. Russell NRC & Local PORs F. J. Congel PSGB r/f 0GC EDO r/f OCA (3)
J. M. Taylor P. F. McKee T. E. Murley L. L. Bush F. J. Miraglia E. W. McPeek DRAFT OF LETTER WAS ' APPROVED AS PART OF RULEMAKING PACKAGE SENT TO EDO.
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Date 11//0/92 ,11/; /92 11/, /92 11/ /92
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L NUCLEAR REGULATORY COMMISSION 10 CFR PART 26 RIN 3150-AD61 Fitness-for Duty Programs: NRC Partial Withdrawal of NRC Information Collection Requirements AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule: Status of information collection requirements.
SUMMARY
- The Commission has obtained OMB approval for-the information collection requirements contained in 6 26.24(d)(2)(lv) and partial approval of the information collection requirements contained in 5 26.71(d) of the final rule entitled, " Fitness-for-Duty Programs" (August 26,1991; 56 FR 41922).
The Commission is withdrawing the remaining portion of f 26.71(d) because there is no compelling need for the additional data at this time.
EFFECTIVE DATi: The infonration collection requirements in 5 26.24(d)(2)(iv) and in revised 26.71(d) become effective (30 days after the date of publication of this notice).
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. FOR FURTHER INFORMATION CONTACT: Eugene W. McPeek, Reactor Safeguards Branch, Division of Radiation Safety and Safeguards :ffice of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 504-3210.
SUPPLEMENTARY int 0RMATION:
On August 26,1991 (56 FR 41922), the Nuclear Regulatory Commission (NRC) amended the regulations that clarified the NRC's intent concerning the unacceptability of taking action against an individual that is based solely on the preliminary results of a drug screening test and to permit, under certain conditions, employment actions, up to and including the action of-temporary removal of an individual from unescorted access or from norma 1' duties, based on an unconfirmed positive result from an initial screening test for marijuana or cocaine. This rule became effective on September 25, 1991, except for-the information collection requirements contained in 56 26.24(d)(2)(iv) and l 26.71(d).
On December 31, 1991, the NRC submitted a request for OMB review of the information collection requirements. By a Federal Register Notice published on January 14, 1992 (57 FR 1497) NRC requested public comments on the record keeping and reporting requirements. Following receipt of a comment, OMB, in a letter dated May 26, 1992, which was amended on July 20, 1992, approved the information collection requirements contained in i 26.24(d)(2)(iv). These requirements concern assurances to the individual that no records have bean retained which could link the individual to a I temporary suspension should the test results be negative.
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Section 26.24(d)(2)(iv), therefore, remains unchanged and becomes an effective rule 30 days after publication of this notice.
OMB, however, at the same time limited its approval of the additional infonnation collection contained in 6 26.71(d). These provisions required the reporting of test results by process stage and management actions on appeals and their resolutions. OMB approved application of these requirements only to those licensees who choose to exercise the option of temporarily removing an individual as permitted by 5 26.24(d)(2).
In disapproving the additional information collection contained in 5 ~~ 71(d), OMB indicated that the NRC failed to demonstrate a compelling need for .he data for those licensees not making temporary suspensions based on onsite presumptive positive test results for marijuana and for cocaine. OMB also indicated that the reporting requirements would not have sufficient practical utility to counterbalance the burden they would impose on the regulated community. OMB found it unreasonable for the NRC to request that l licensees collect, analyze, and submit data to the agency for the purpose of building an agency database to possibly help address future regulatory problems. OMB indicated that the NRC should collect data when necessary to evaluate a specific regulatory action, not future concerns. OMB noted that the raw data was already available to the NRC, and that if the NRC had a compelling need for the data, it could conduct the necessary analysis using -
the raw data. OMB suggested that if at some future point additional data was necessary to evaluate specific _ regulatory actions, the NRC may submit information collection requests as needed. After reconsideration of the I
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. -4 matter, the NRC has decided that it does not have a compelling need for the data at this time.
As described above, the revision to 10 CFR 26.71(d).is the result of an OMB determination under the Paperwork Reduction Act, following receipt of public comment. " Implementation of the revision, which clarifies a limit on the effective scope of provisions in 5 26.71(d), is important to the NRC's assurance of compliance with 10 LFR Part 26." Accordingly, the Commission for good cause finds that additional public comment is unnecessary and is publishing the revised 10 CFR 26.71(d) as a final rule, effective 30 days after publication of this notice.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in entegorical exclusion 10 CFR 51.22(c)(3)(ii). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval number 3150- .
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List of Subjects in 10 CFR Part 26 Alcohol abuse, Alcohol testing, Appeals, Chemical testing, Drug abuse, Drug testing, Employee assistance programs, Fitness for duty, Management actions, Nuclear power reactors, Protection of information, Reporting and recordkeeping requirements.
l For reasons set out 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 amendment to 10 CFR Part 26.
PART 26 - FITNESS-FOR-0UTY PROGRAMS
- 1. The authority citation for Part 26 continues to read, in part, as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec.
i 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).***
- 2. In 5 26.71 paragraph (d) is revised to read as follows:
> 5 26.71 Recordkeeping requirements.
(d) Collect and compile fitness-for-duty program performance data on a standard form and submit this data to the Commission within 60 days of the end of each 6-month reporting period (January-June and July-December). The data for each site (corporate and other support staff locations may be separately consolidated) must include:- random testing rate; drugs tested for and cut-off levels, including results of tests using lower cut-off levels and tests for
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other drugs; workforce populations tested; numbers of tests and results by population, and type of test (i.e., pre-access, random, for-cause, etc.);
substances identified; summary of management actions; and a list of events reported. The data must be analyzed and appropriate actions taken to correct program weaknesses. The data and analysis must be retained for three years.
Any licensee choosing to temporarily suspend individuals under the provisions of 5 26.24(d) must report test results by process stage (i.e., onsite __
screening, laboratory screening, confirmatory tests, and MRO determinations) and the number of temporary suspensions or other administrative actions taken against individuals based on onsite unconfirmed screening positives for marijuana (THC) and for cocaine.
Dated at Rockville, Maryland, this / day of November 1992.
For the Nuclear Regulatory Commission.
am s . Tay r, E cutive Director for Operations
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