ML20127G353

Final Rule 10CFR26, Fitness-for-Duty Programs:Nrc Partial Withdrawal of NRC Info Collection Requirements

ML20127G353
Person / Time
Issue date:	11/06/1992
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20127G354	List: ML20127G353 ML20127K804
References
FRN-55FR35648, FRN-56FR41922, FRN-57FR55443, RULE-PR-26 AD61-2-007, AD61-2-7, CCS, NUDOCS 9211160561
Download: ML20127G353 (6)

Text

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NVCLEAR 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 i 26.24(d)(2)(iv) and partial approval of the information collection requirements contained in i 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 i 26.71(d) because there is no compelling need for the additional data at this time.

EFFECTIVE DATE: The information collection requirements in i 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, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Telephone (301) 504-3210.

1 SUPPLEMENTARY INFORMATION:

2 On August 26,1991 (56 FR 41922), the Nuclear Regulatory Comission (NRC) amended the regulations that clarified the NRC's intent concerning the l

unacceptability of taking action against an individual that is based sclely 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 il 26.24(d)(2)(ivj and 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 coments on the record keeping and reporting requirements. Following receipt of a coment, 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 been retained which could link the individual to a temporary suspension should the test results be negative.

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-3 Section 26.24(d)(2)(iv), therefore, remains unchanged and becomes an effective l

rule 30 days after publication of this notice.

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j OMB, however, at the same time limited its approval of the additional 1

l information collection contained in i 26.71(d). These provisions required the reporting of test results by process stage and management actions on appeals 1

and their resolutions. OMB approved application of these requirements only to i

j those licensees who choose to exercise the option of temporarily removing an

! individual as permitted by i 26.24(d)(2).

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l In disapproving the additional information collection contained in l $ 26.71(d), OMB indicated that the NRC failed to demonstrate a compelling need for the data for those licensees not making temporary suspensions based on l onsite presumptive positive test results for marijuana and for cocaine. OMB

! also indicated that the reporting requirements would not have sufficient t

l practical utility to counterbalance the burden they would impose on the

) regulated community. OMB found it unreasonable for the NRC to' request that licensees collect, analyze, and submit data to the agency for the purpose of j building an agency database to possibly help address future regulatory problems. OMB. indicated that the NRC should collect data when necessary to i 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:

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i matter, the NRC has decided that it does not have a compelling need for the j data at this time.

1 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 j public comment. " Implementation of the revision, which clarifies a limit on the effective scope of provisions in i 26.71(d), is important to the NRC's assurance of compliance with 10 CFR 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 l after publication of this not be.

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Impact: Categorical Exclusion i

4 The NRC has c..armined that this final rule is the type of action described in categorical exclusion 10.CFR 51.22(c)(3)(ii). Therefore, neither.

an environmental impact statem2nt nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement l

This final rule does not contain new or amended information collection i

j requirements subject to the Paperwork Reduction Act of>1980 (44 U.S.C. 3501 l 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.

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.

PARI F - FITNESS-FOR-DUTY PROGRAMS

1. The authority citation for Part 26 continues to read, in part, as follows:

AUTHORITY: Sec. 101, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, B8 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 4 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 e

i Ather drugs; workforce populations tested; numbers of tests and results by i

population, and type of test (i.e., pre-access, random, for-cause, etc.);

4 l substances identified; summary of management actions; and a list of events reported. The data must be analyzed and appropriate actior.s taken to correct 9rogram weaknesses. The data and analysis must be retained for three years.

Any licensee choosing to temporarily suspend individuals under the provisions l of f 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 4

marijuana (THC) and for cocaine.

l l Dated at Ruckville, Maryland, this 4 N day of November 1992.

I For the Nuclear Regulatory Commission.

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! 4. CoxMENTS 130C61

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