NRC Generic Letter 1991-16
Wt REG(,,CC, tA eUNITED STATESNUCLEAR REGULATORY COMMISSIONWASHINGTON. D.C. 2055October 3, 1991TO: ALL HOLIERS OF OPERATING LICENSES OR'CONSTRUCTION PERMITS FORNUCLEAR POWER AND NON-POWER REACTORS AND ALL LICENSED OPERATORSAND SENIOR OVERATORS'
SUBJECT: -LICENSED OPERATORS' AND OTHER NUCLEAR FACILITY PERSONNELFITNESS 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 EnforcementActions," and-!Part 55, "Operators' Licenses," of Title'10 of the'Code ofFederal Regulations (10 CFR Part 55). Enclosure 1 is a copy of the FederalRegite '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 by1995.' Section 5301 ofthe Anti-DrugAbuse Act provides that persons convictedof possession ot-.disttribution of controlled substances may be declared by asentencing court'to be ineligible'for Federal benefits. A "Federal benefit"is defined in the Anti-Drug Abuse Act to include any professional orcommercial license provided by an agency of the United States or withappropriated funds of the United States. Thus, all individuals who conductlicensed activities authorized by an NRC license and all licensed operatorsand senior operators should know that, in accordance with the Anti-Drug AbuseAct, a conviction for possession or distribution of a controlled substance mayresult in the loss of elig-ibility'for an NRC license, denial or revocation of anNRC 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 oroperate 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 theeffects 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 levelsestablished in accordance with 10 CFR Part 26 apply' directly to licensedoperators and senior operators at nuclear power plants and non-power reactorfacilities as conditions of their licenses. These amendments did not imposethe provisions of 10 CFR Part 26 upon non-power facility licensees. However,this rule change made it clear that all licensed operators and senior operatorswill be subject to notices of violation, civil penalties, or orders forviolation of their facility licensees' fitness-for-duty requirements9109300 68 ~ Z 74L'/&R if:EAql 1bl 0 G
\/ i-IGeneric Letter 91-16 -2 -October 3, 1991Drug and alcohol abuse is a social, medical, and safety problem affectingevery segment of our society. The NRC recognizes that such abuse may alsoexist among-licensed operators, senior operators, and others who work atnuclear reactors.- The Commission believes all facility licensees shouldmanage licensed activities so as to provide reasonable assurance that nuclearreactor 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 andcompetently perform their duties.Individuals should also know that, even if a conviction for possession ordistribution of a controlled substance does not result in a declaration ofineligibility for Federal benefits by the sentencing court, the NRC may, inaccordance with its independent responsibility to protect the public healthand safety and the common defense and security, act on its own to deny,revoke, suspend, or modify a license or remove an individual from licensedactivities, upon such conviction. NRC sanctions for licensed operators inresponse to positive drug tests are described in 10 CFR Parts 2 and 55.This generic letter requires no specific action or written response. If youhave any questions about the information in this letter, please call one ofthe technical or legal contacts listed below or the appropriate regionaloffice.
Sincerely,Jambs G. Partlow, Associate Directorfo' ProjectsOffice of Nuclear Reactor Regulation
Enclosures:
1. Federal Register notice 10 CFR Parts 2 and 55 (copy)2. List of Recently Issued Generic LettersTechnical Contacts: N. K. Hunemuller, NRR (10 CFR Part 55)(301) 492-3173L. L. Bush, Jr., NRR (10 CFR Part 26)(301) 492-0944Legal Contact: R. L. Fonner, OGC(301) 492-1643 32066 Fedemal Regie Iol 5VL , No. 135 1 Monday. July 15, 19 / Rules and Regulationscompiled by the Depirtment. we havedetermined that this rule will havc aneffect on the economy of tess than $100milliom wil not cause a major Increasein costs or prices for consumers.individual Industries. Federal. State. orlocal government agencie orgeographic regions: and will not cause asignificant adverse effect oncompetition, employment. Investment.productivity. innovation. or on theability of United States-basedenterprises to compete with foreign-based enterprises in domestic or exportmarkets.For this action. the Office ofManagement and Budget has waived thereview process required by ExecutiveOrder 12291.Cattle moved Interstate are moved forslaughter, for use as breeding stock. prfor feeding. Changing the status ofOklahoma from Class B to Class Areduces certain testing and otherrequirements governing the interstatemovement of cattle hom Oklahoma.However, cattle from certifiedbrucellosis-free herds moving interstateare not affected by this change.The principal group affected will bethe owners of noncertified herds InOklaboma not known to be affectedwith brucellosis who seek to sell cattle.There are an estimated 62.000 herds InOklahoma that could potentially beaffected by this rule change. Weestimate that 99 percent of these herdsare owned by small entitles Duringfiscal year 1990. Oklahoma tested294.213 eligible cattle at livestockmarkets. We estimate thatapproximately 15 percent of this testingwas done to qualify cattle for Interstatemovement for purposes other thanslaughter. Testing costs approximately$3.50 per head. Since herd sizes vary.larger herds will accumulate moresavings than smaller herds. Also. not allherd owners will choose to market theircattle in a way that accrues these costssavings. The overall effect of this rule onsmall entities should be to provide verysmall economic benefitTherefore we believe that changingOklahoma's brucellosis status will notsignificantly affect market patterns, andwill not have a significant economicimpact on the small entities affected bythis rule.Under these cir umstances, theAdministrator of the Animal and PlantHealth Inspection Service hasdetermined that this action will not havea significant economic impact on asubstantial number of small entities.Paperwork Redaction ActThis rule contains no new Informationcollection or recordkeepingrequirements under the PaperworkReduction Act of 190 (44 U.S.C 3501 elseq.).Executive Order 12=7ZThis pre actity is listed in theCatalog of Federal Domestic Asssaneunder No.1.05 and is subject toExecutive Order 12372. whSch requiresintergovernmental const onwthState and local officials. [See 7 CFR part301S. subpart V.)lst of Subjects In CFR Part 75Animal diseas Brumcellosis. Cattle.Hogs, Quarantine. Transportation.PART 78-ERUCLLOSISAccordingly. we are adopting as afinal rule. without change, the interimrule amending 9 CFR 7E41 (b) and (c4that was published at 50 FR 13750-13751on Aprai 4 1991.Au ;odtj Zi. U.&CJ11-114a-1. 114g 125.117. 20 121.123-1. 134h. 134f 7 CFR ZL1.2.s5. and 371.2(dDone In Washngto. DCr tds .bh day ofJuly 1991.James W. GlCsr,Adminhfi~to Anh1mand'fPhIntfiaIhInspection Service.[FR Doc. 91-18762 led 7-12-91; t45 am)SOiNG CODE 34-NUCLEAR REGULATORYCOMMISSION10 CFR Parts 2 and 55RIN 31504D55Operators' LicensesAGENCY. Nuclear RegulatoryCommission.ACTON: Final rule.S.Ummr: The Nudear RegulatoryCommission (NRC) is amending itsregulations to speify that the conditionsand cutoff levels established pursuant tothe Commlsslonia Fitness-for-DutyPrograms are applicable to licensedoperators as conditions of their licenses.The final rule provides a basis for takingenforcement actions against licensedoperatorsn (1) Who use drugs or alcoholin a manner that would exceed thecutoff levels contained in the fitness-fr-duty rule, (2) who are determined by afacilibr medical review officer (MRO) tobe under the Influence of anyprecrpttion or over-the-counter drugthat could adversely affect his or herability to safely and competentlyperform licensed duties, or (3) who selluse, or possess illegal drugs. The finm)rule will ensure a safe operationalenvironment for the performance of alllicensed activities by providing a clearunderstanding t licensed operators ofthe severity of violating requirementsgoverning drug and alcohol use andsubstance abuse.EFFECTMVE DATE: August 14. 1991.FOR FURTHER INFORMATION
CONTACT
- Robert M. Gallo, Chief. OperatorLicensing Branch. Office of NuclearReactor Regulation. U.S. NuclearRegulatory Commission. Washington.DC 20555 Telephone: (30I) 492-1031.SUPPLEMENTARY V4FORUATON:BackgroundOn June 7.1989 54 FR 2448). the NRCissued a new 10 CFR part 2M. entitled"Fitness-for-Duty Programs:' to requirelicensees authorized to construct oroperate nuclear power reactors toimplement a fitness-for-duty program.The general objective of this program isto provide reasonable assurance thatnuclear power plant personnel willperform their tasks in a reliable andtrustworthy manner, and not under theinfluence of any prescription, over-the-counter. or illegal substance that in anyway adversely affects their ability tosafely and competently perform theirduties. A fitness-for-duty program.developed under the requirements ofthis rule, is intended to create a workenvironment that Is free of drugs andalcohol and the effects of the use ofthese substances.On Apra 17, 1990(55 FR 14288). theNRC published in the Federal Registerproposed amendments to10 CFR part 55to specify that the conditions and cutofflevels established in 10 CFR part 28."Fitness-for-Duty Programs,. areapplicable to licensed operators as acondition of their licenses. Theseamendments also provide a basis fortaking enforcement action againstlicensed operators who violate 10 CFRpart 25. The proposed rule alsodescribed contemplated changes to theNRC enforcement policy. The commentperiod ended on July 2,1990.The Commission Is adding specificconditions to operator licenses Issuedunder 10 CFR part 55 to make fitness-for-duty requirements directlyapplicable to licensed operators. AspoInted out In the supplementaryinformation accompanying thepromulgation of 10 CFR part 28 thescientific evidence shows conclusivelythat sinficant decrements in cognitiveand physical performance result fromthe ulse of fllicit drugs as well as frmmthe use and misuse of prescription andover-the-counter drugs. GIven theaddictive and impairing nature of Federal Register 1 YVol. 5. No. 135-f Monida J uly15, 1991 1 TRes and Regiuations 820m 7certain drugs, even though the presenceof drug metabolites does not necessarilyrelate directly to a current impairedstate, the presence of drug metabolitesin an individual's system stronglysuggests the likelihood of past, present.or future Impairment affecting Jobactivities. More specifically, theCommission stated. 'Individuals whoare not reliable and trustworthy, underthe influence of any substance, ormentally or physically impaired in anyway that adversely affects their abilityto safely and competently perform theirduties, shall not be licensed or permittedto perform responsible health and safetyfunctions." (See 54 FR 24488, June 7,1989.) Although there Is an underlyingassumption that operators will abide bythe licensees' policies and procedures,any involvement with illegal drugs.whether on site or off site, indicates thatthe operator cannot be relied upon toobey the law and therefore may notscrupulously follow rigorous proceduralrequirements with the integrity requiredto ensure public health and safety in thenuclear power industry.The Commission believes stronglythat licensed operators are a criticalfactor in ensuring the safe operation ofthe facility and consequently considersunimpaired job performance by eachlicensed operator or senior operatorvital in ensuring safe facility operation.The NRC routinely denies Part 55license applications or imposesconditions upon operator and senioroperator licenses if the applicant'smedical condition and general health donot meet the minimum standardsrequired for the safe performance ofassigned job duties. Further, under£ 55.25, If an operator develops. duringthe term of his or her license, a physicalor mental condition that causes theoperator to fail to meet the requirementsfor medical fitness, the facility licenseeIs required to notify the NRC. Any suchcondition may result In the operator'slicense being modified. suspended, orrevoked.The power reactor facility licensee isfurther required under I 26.20(a) to havewritten policies and procedures thataddress fitness-for-duty requirements onabuse of prescription and over-the-counter drugs and on other factors suchas mental stress, fatigue, and Illness thatcould affect fitness for duty. TheCommission expects each licensedoperator or senior operator at thesefacilities to follow the licensee's writtenpolicies and procedures concerning theuse and reporting requirements forprescription and over-the-counter drugsand other factors that the facility hasdetermined could affect fitness for duty.The use of alcohol and drugs candirectly Impair job performance. Othercauses of impairment include use ofprescription and over-the-countermedications, emotional and mentalstress, fatigue, illness, and physical andpsychological impairments. The effectsof alcohol which is a drug, are wellknown and documented and, therefore,are not repeated here. Drugs such asmarijuana, sedatives, hallucinogens, andhigh doses of stimulants could adverselyaffect an employee's ability to correctlyjudge situations and make decisionsfNUREG/CR-4196, "Drug and AlcoholAbuse: The Bases for EmployeeAssistance Programs in the NuclearIndustry," available from the NationalTechnical Information Service). Thegreatest impairment occurs shortly afteruse or abuse, and the negative short-term effects on human performance(including subtle or marginalimpairments that are difficult for.asupervisor to detect) can last for severalhours or days. The amendment to 10CFR part 55 will establish a condition ofan operatores license that will prohibitconduct of licensed duties while underthe influence of alcohol or anyprescription, over-the-counter, or illegalsubstance that would adversely affectperformance of licensed duties asdescribed by the facility's fitness-for-duty program. The amendment will beapplicable to licensed operators ofpower and non-power reactors. Thisrulemaking is not intended to apply theprovisions of 10 CFR part 26 to non-power facility licensees, but to make itclear to all licensed operators (powerand non-power) through conditions oftheir licenses that the use of drugs oralcohol in any manner that couldadversely affect performance of licensedduties would subject them toenforcement action.'As explained in the Commission'senforcement policy (see 53 FR 40OD;October 13, 1988), the Commission maytake enforcement action If the conductof an individual places in question theNRCs reasonable assurance thatlicensed activities will be &Cnductedproperly. The Commission may tdkeenforcement action for reasons thatwould warrant refusal to issue a licenseon an original application. Accordingly.enforcement action may be takenregarding matters that raise issues oftrustworthiness, reliability, use of soundjudgment, integrity, competence, fitnessof duty, or other matters that may notnecessarily be a violation of specificCommission requirements.'It should be aoted that discussico of fiteS-for-duty prowgras of Part 50 licensees k onlyapplicable for power reactor ldensee.The Commission Is amending SS.3to establish as a condition of anoperator's license a provision precludingperformance of licensed duties whileunder the influence of drugs or alcoholIn any manner that could adverselyffectperformance. TheCommissionfurther amends 655.81 to provideexplicit additional notice of the termsand conditions under which anoperator s license may be revoked.suspended, or modified. In addition,confirmed positive test results andfailures to participate In drug andalcohol testing programs will beconsidered In maldng decisionsconcerning renewal of a part 55 license.These provisions will apply to anyfitness-for-duty program established by'a facility licensee, whether or notrequired by Commission regulations.including programs that establish cutofflevels below those set by 10 CFR part26, appendix A. The Commission notes.however, that it has the discretion toforgo enforcement action against alicensed operator if the facility licenseeestablished cutoff levels that are so lowas to be unreasonable in terms of theuncertainties of testing. The Commissionhas reserved the right to review facilitylicensee programs against theperformance objectives of 10 CFR part2a, which require reasonable detectionmeasures. The revised rule will notimpose the previsions of 10 CFR part 26on non-powerfacility licensees. It isrevised to make compliance with thecutoff levels and the policy andprocedures regarding the use of legaland Illegal drugs established pursuant to10 CFR part 26 a license condition for allholders of a 10 CFR part 55 license.Part 26 requires that facility licenseesprovide appropriate training to licensedoperators, among others. to ensure thatthey understand the effect ofprescription and over-the-counter drugsand dietary conditions on jobperformance and on chemical testresults he training also should includeinformation about the roles ofsupervisors and the medical reviewofficer in reporting an operator's currentuse of over-the-counter drugs orprescription drugs that may impair his orher performance. Icensed operator arerequired to follow their facility's policiesand procedures regarding fitness-for-duty requirements.Licensed operators will be subject tonotices of violation. civil penalties, ororders for violatitn of their facilitylicensee's fitness-for-duty requirements.Therefore, in addition to amending theregulations to establish the 10 CFR part55 licensed operators' obligations, theCumminission Is modifying the NRC 3206332068Federal Register / Vol. So. No. 135 1 Monday. July 15. 1991 / Rules and Regulationsenforcement policy (Appendix C to 10CFR part 2) in conjunction with the finalrulemaking as described below.In cases involving a licensedoperator's failure to meet applicablefitness-for-duty requirements (10 CFR55.53). the NRC may issue a notice ofviolation or a civil penalty to a licensedoperator, or an order to suspend, modifyor revoke the license. These actions maybe taken the first time a licensedoperator fails a drug or alcohol test, thatis, receives a confirmed positive testthat exceeds the cutoff levels of 10 CFRpart 28 or the facility licenses's cutofflevels, if tower. However, normally onlya notice of violation will be Issued forthe first confirmed positive test In theabsence of aggravating circumstancessuch as errors In the performance oflicensed duties. In addition. the NRCintends to Issue an order to suspend thepart 55 license for up to three years thesecond time an Individual exceeds thosecutoff levels. If there are less than threeyears remaining In the term of theindividual license, the NRC mayconsider not renewing the individuallicense or not Issuing a new license untilthe three-year period is completed. TheNRC Intends to Issue an order to revokethe part 55 license the third time anindividual exceed those cutoff levels. Alicensed operator or applicant whorefuses to participate In the drug andalcohol testing programs established bythe fifcity licensee or who Is Involvedin the sale, use, or possession of anillegal drug is subject to licensesuspension, revocation, or deniaaLTo assist Io determining the severitylevels o potential volations, 10 CFRpart 2 appendix C, wpplement 1, smodified to provide a Severity Levelexample of a licensed operator or senioroperator involved in procedural eorswhich result in. or exacerbate theconsequences of an alert or higher levele ergency and subsequently receiving aconfirmed positive test for drugs oralcohoL two Severity Level II examplesof li a licensed operatev Involved in thesale. use, or possession of illegal drupor the consumption of alcoholicbevtrags within the protected area, cm(2) a licensed operat or senioroperator involved In procedural rsand subsequently receiving a confirmedpositive test for drugs or alcohoL and aSeverity Level l example of a licensedoperators confirmed positive test fordrugs or alcohol that does not result In aSeverity Level I or U violation.Summary of NPe ConmentsLetters of comment were receivedfrom 39 res One commenterwrote two letter which brought thetotal number ofresponses to 40. Thirty.one of the commenters wrote that therule Is unnecessary because thOregulations already exist to ensure thatthe reactor operators adhere to 10 CFRpart 28 The Commission agrees that thenecessary regulations exist to havelicensed power reactor operatorscomply h the provisions of part 2.However, the Commission realies thatthe licensed operator is one of the maincomponents and possibly the mstcritical component of continued safereactor'operation. Therefore, It wants toemphasize to and clearly inform theoperators that as conditions of theirlicenses they must comply with theirfacility's fitness-for-duty program. TheCommission also wants to clarify theterm "use versus 'consutmption" ofalcohol In protected reactor areas Therule has been rewritten to indicate thatthe "use of alcohol means consumptionof alcoholic beverages. The rule doesnot prohibit the use of alcohol within theprotected areas for other than ingestion.such as application to the body. The useof medicine that contains alcohol Isallowed within the parameters of thefacility's fitness-for-duty program.However, use of over4he-counter orprescription drugs containing alcoholmust be within the prescribedlimitations and In compliance with thefacility's fitness-for-duty progranLFurther, as 10 CFR part 28 does notapply to non-power reactor licensees,the Commission wishes to make it clearto licensed operators at these facilitesthat the use of drugs or alcohol In anymanner that could adversely affectperformance of licensed duties wouldsubject them to enforcement action.Twenty-eight of the cowmentorswrote that this rule singles out licensedoperators for special treatment to thedetriment of their morale TheCommission has considered the issue ofmorale and believes that most licensedoperators already take their personalfitness for duty quite seriously. If thereare any negative impacts on ticensedoperator morale these effects areexpected to be short-lived as the vastmajority of licensed operators will beunaffected This rule may. In fact,increase operator confidence that tfeirpeers are fit for duty. This rule stressesto licensed operators that because oftheir critical role in the safe operation oftheir reactors. they must be shiged outfor special treatment to stress that theircontinuous unimpaired job performanceIs a highly necessary component of theoverall safe operation of the reactors.The rule also stresses to licensedoperators that their licenses are aprivilege and not a right,, and thatrefusal to participate In facility itness-for-duty requirements can lead toenforcement action and/or licensingaction. There has been no change to therulemaking because of these comments.Twenty commenters stated that it isan unnecessary burden that theproposed rule requires medicalpersonnel to be available 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a dayto make judgments about prescriptionand over-the-counter drugs. Medicalpersonnel are not required by part 26 orpart 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 forprescription and over-the-counter drugevaluation. The intent of the rule Is thatlicensed operators follow the facilityfitness-for-duty program for supervisorynotification of fitness-for-duty concernsabout the use of legal drugs. Therulemaking has been clarified to morefully explain this intent.There were two questions about thebasis for the rulemaking-f1) What isthe basis or need for the rule change? (2)Is it an Industry wide problem? Thesequestions were discussed above underthe need for the rule (regulationsalready exist). The Commission canhave nothing but a zero tolerance levelfor drug and alcohol use or abusebecause of the critical nature of theindustry. Terefore, the Commissiondeemed It necessary to stresscompliance with facility fitness-for-dutyprograms as a condition of licensure.There is no change to the rulemaking asa result of these comments.There was one question about thereporting of legal drugs. A licensedoperator asked how operators who donot report medicinal use of drugs will betreated. Licensed operators are requiredto follow the fitness-for-duty programprocedures and policies developed bytheir facility.Two comments were specific tolicensed operators at test and researchreactor facilities. One was that formaldrug testing programs should not berequired for non-power facilities. Theseprograms are not required by Part 28 orPart 55 however, if a fitness-for-dutyprogram has been established at a non-power facility, licensed operators arerequired to particpate. The secondcommneal regarding over-the-counterand prescription medication, was that,nmedical review officers do not exist atnon-power facilities That statement Istrue; there are no requirements in eitherpart 2a or part 55 that they do. Nochange to theemakin was requiredas a direct result of these comments.However, as a result of the previouscomment regarding medical personnelavailability, tO rule was changed toclearly Include supervisory notificationwhen medical officers am not availabl Federal Register I VoL 56, No. 135 1 Monday. July 15. 1991 l Rntes and Reglations 326995583Stt. 44 a amndd 42 SC 23_EnvronDental Impact CategodcalExclusionThe NRC has determined that thifinal rule is the type of action descibedin categorical exclusion 10 CFR51.22(cXl) Therefore, neither anenvironmental impact statement nor anenvironmental assessment has beenprepared for this rule.
Paperwork Reduction Act Statement
This final rule does not *ntin a Dwor amended information collectionrequirement subject to the PaperworkReduction Act of 1980 (44 U.S.C. 35m etseq.). Existing requirements wereapproved by the Office of Managementand Budget approval number 3150-COIRegulatory AnalysisThe regulations in 10 CFR part 55establish procedures and criteria fOr theissuance of licenses to operators andsenior operators of utilization facilitieslicensed pursuant to the Atomic EnergyAct of 1954. as amended. or section 202of the Energy Reorganization Act of1974, as amended, and 10 CFR part 50.These established procedures providethe terms and conditions upon which theCommission will Issue, modify,maintain, and renew operator andsenior operator licenses.Subpart F of part 55, under 5 55.53.'Conditions of Licenses," sets forth therequirements and conditions for themaintenance of operator and senioroperator licenses.This rile serves to emphasize to theholders of operator and senior operatorlicenses the conditions they are requiredto comply with under 10 CFR part 26,"Fitness-for-Duty Programs." Aregulatory analysis has been preparedfor the final rule resulting in thepromulgation of part 26 and is availablefor inspection in the NRC PublicDocument Room. 2120 L Street NW.(Lower Level). Washington. DC. Thisanalysis examines the costs andbenefits of the alternatives consideredby the Commission for compliance withthe conditions and cutoff levels. TheCommission previously requested publiccomment on the regulatory analysis aspart of the rulemaking proceeding thatresulted in the adoption of part 28.Regulatory Flexibility CertificationIn accordance with the RegulatoryFlexibility Act. 5 U.S.C. 60(b), the NRCcertifies that this rule will not have asignificant economic effect on asubstantial number of small entities.Many applicants or holders of operatorlicenses fall within the definition ofsmall businesses found in section 34 ofthe Small Business Act (15 U.S.C. 6321 oithe Small Business Size Standards setout in regulations Issued by the SmallBusiness Administration at 13 CFR part121 or the NRCW size standardspublished December 9.1985 (50 FR5041. Hiower, the rule will only serveto provide notice to licensed individualsof the conditions under which they areexpected to perform their licensedduties.Backfit AnalysIsThe NRC has detemined that thebackfit rule. 10 CFR So0.09 does notapply to thfinal rule. and therefore,that a barefit analysis is not required forthis rule because these amendments donot involve any provisions that wouldimpose baddfits as defined In 10 CFR50.10K9(aX).List of Subjects10 CFA Part 2Administrative practice andprocedure, Antitrust, Byproductmaterial. Classified Information.Environmnental protection Nuclearmaterials. Nuclear power plants andreactors. Penalty, Sex discrimination.Source material. Special nuclearmaterial. Waste treatment and disposal.10 CFR Part 55Criminal penalty. Manpower trainingprograms. Nuclear power plants andreactors. Reporting and recordkeepingrequirements.For the reasons set oat in thepreamble and under the authority of theAtomic Energy Act of 1954. as amended.the Energy Reorganization Act of 1974.as amended, and 5 US.C. 552 and 553.the NRC is adopting the followingamendments to I CFR part 2 and 10CFR par 55.PART 2-RULES OF PRACTICE FORDOMESTIC UCENSING PROCEEDINGS1. The authority citation for part 2continues to read as follows:Autherd Sacs. 181. 11.s6 Stat. 948 5s3.as amended (42 U.S.C. 2201. 2231): sea 191. samended. Pub. L 87415.76 Stat. 409 (42US.C. 2241): sec. 201 88 Slat. 1242. asamended (42 U.S.C. 5841; 5 U.S.C 552.Section 2Lm also Issued under secs. 58 6263 .1.03,10X 105.68 Stat. 2.9 g335.938.937.53& as amended (42 US.C. 2=2ueZ 23. 2111. Ill, 2134. 2135k see. 1141f)Pub. L 97-425. 9g Stat. 2213. as amended (42U.SJC. 10134(fl sec. 1L Pub. L 91-190 83Stat. 853. as amended (42 U.SC 4332. sec.301, 5 Stat. 1248 (42 US.C 5877). Sections2.102. LIMLim4. Lim. L.2m also iuedunder as. M& 103.104.2 1N, 189. 68 Stat936.G7M U. A, 455, ast amended l4 U.S.C223Z am213213135. e 2233.22 9 Secio2.105 also Issued wader Pub. L 57-41& 96Stat. 2073 (42 U.SC. 2239= Sections 2200-r2.206 also Issued under secs 188. 234. 8 Stat955 83 Stat. 444. as Saended (42 U.SC. 22352=rz mmg 2Me 83 Slat I 14246 U.S.Q SOS.Sections 20. also issFed under sec.102, Pub. L 91-190. 83 Stat 853. as amended(42 U.S.C. 4332). Sections 2.700a. 219 aloissued under 5 U.S.C 54. Sections 2754,2.760. 2.77 2.780 also issued under 5 US.C557. Section 2.754 and Table IA of AppendixC also issued under secs. 135,141. Pub. L 97-425, 98 Stal. 2232 2241 (42 U.S.C 10155.10161). Section 2.7w also Issued under sec.103. 68 Stat. 938 as amended (42 U.S.C. 21331and 5 U.SC. 552. Sections 2.800 and 2.808 alsoissued under 5 U.S.C. 53. Section 2.809 alsoissued under 5 US&C 55 and sec. 29. Pub. Le8-258. n Stat. 579 as amended (42 U.S.C.2039). Subpart K also Issued under sec. 189,68 Stat. 955 (42 U.S.C. 2239t sec. 134, Pub. L97-425, 96 Stat. 2230 (42 US.C. 10154).Subpart L also issued under sec. 189. 6 Stat.9W (42 U.S.C. 2239. Appendix A also issuedunder sec 6. Pub. L In-M. 64 StaL 1473 (42USC. 2135). Appendix B also Wssued undersec. 10 Pub. L 99-40.6 Slat. 1842 (42 U.S.C2=b et se)2. Appendix C to 10 CFR part 2 isamended by-a. Adding an undesignated paragraphat the end of section V. E.b. Adding paragraph (8) to sectionVII, andc. Adding paragraph A. 5. B. 3. B. 4..and C. I to supplement I to read asfollows:Appendix C-General Statement ofPolicy mid Procedure for NRCEnforcekent Actions* * *. aV. Eaforcement Actions* * * * *E. Enforcement Actions Involving Individuals* ...In the case of a licensed operator's failureto meet applicable fitness-for-dutyrequirements (10 CFR 55.5301). the NRC mayissue a notice of violation or a civil penalty tothe part 55 licensee, or an order to suspend.modify or revoke the license. These actionsmay be taken the first time a licensedoperator fails a drug or alcohol test that is.receives a confirmed positive test thatexceeds the cutoff levels of 10 CFR part 28 orthe facility licensees cutoff levels, if lower.However, normally only a notice of violationwill be issued for the first confirmed positivetest in the absence of aggravatingcircumstances such as errors In theperformance of licensed duties. In addition.the NRC Intends to bsue an order to suspendthe part 55 license for up to three years thesecond time a licensed operator exceedsthose cutoff levels. In the event there are lessthan three years remaining in the term of theindividuals license. the NRC may considernot renewin the lndhivdual's license or notissitg a new license after the three yearperiod is completed. The NIRC Intends toissue an order to revoke the part 55 licensethe third time a licensed operator exceedsthose cutoff lewvls. A licensd operator orapplicant who refuses to participate in the 32070Federal Register / VOL 56i No. 135 _ Monday, July 15, 1991 / Rules and Regulationsdrug and alcohol testing programsestablished by the facility licensee or who IsInvolved In the sale, use, or possession of anIllegal drug is subject to license suspenson.revocation, or deniaL* * * *VIII. Responsibilities(81 Any proposed enfqrcement actioninvolving a civil penalty to a licensed'operator.Supplement I-Severity CategoriesReactor OperationsA. SeverityI * * *5. A licensed operator at the controlsof a nuclear reactor, or a senior operatordirecting licensed activities, involved inprocedural errors which result In, orexacerbate the consequences of, an alertor higher level emergency and who, as aresult of subsequent testing, receives aconfirmed positive test result for drugsor alcoholB. Severity II3. A licensed operator involved In theuse, sale, or possession of illegal drugsor the consumption of alcoholicbeverages, within the protected area.4. A licensed operator at the controlsof a nuclear reactor, or a senior operatordirecting licensed activities, Involved inprocedural errors and who, as a result ofsubsequent testing, receives a confirmedpositive test result for drugs or alcohoLC Severity In ...9. A licensed operator's confirmedpositive test for drugs or alcohol thatdoes not result in a Severity Level I or Iviolation.PART SS-OPERATORS' UCENSES3. The authority citation for part 55continues to read as follows:Authoslty Sec*. 107, 181, 182 88 StaL 939,94,9S3. as amended, sec. 234,83 Stat. 444. asamended (42 US.C. 2137.2201. 23Z 2282s)secs. 21. as amended, 202.88 Sta IZ4Z, asamended, 1244 (42 U.S.C. 5841. 5S42).Sections 55.41.55.43,55.48, and 5559 alsoIssued under sec. 306. Pub. L 97-42. g9o StatL2262 (42 U.S.C. 10228). Section 5581 alsoissued under secs, 1886 187, 88 Stat 955 (42U.S.C. 223 2237). -For the purposes of sec. 223. StaL 95 asamended (42 U.S.C. 2273k t5 .8 53.21.55.49, and 55.53 are issued under sec. 161, e&Stat. 949, as amended (42 U.S.C. 22011)) andIt 55A 5523 55255 and 5553(1) are Issuedunder sec. Ie1o, e8 Stat 95ft as amended (42U.SC 2201(o).-4. In 1 55.53. paragraph (I; isredesignated as paragraph (1) and newparagraphs U) and (k) are added to readas fo ows:I55.53 ConcitIors of Oense,I) The licensee shall not consume oringest alcoholic beverages within theprotected area of power reactors, or thecontrolled access area of non-powerreactors The licensee shall not use.possess, or sell any illegal drugs. Thelicensee shall not perform activitiesauthorized by a license Issued under thispart while under the influence of alcoholor any prescription, over-the-counter, orllegal substance that could adverselyaffect his or her ability to safely andcompetently perform his or her licensedduties. For the purpose of thisparagraph, with respect to alcoholicbeverages and drugs, the term "underthe influence" means the licenseeexceeded, as evidenced by a confirmedpositive test, the lower of the cutofflevels for drugs or alcohol contained in10 CFR part 28, appendix A, of thischapter, or as established by the facilitylicensee. The term "under the influence"also means the licensee could bementally or physically Impaired as aresult of substance use includingprescription and over-the-counter drugs,as determined under the provisions,policies, and procedures established bythe facility licensee for is fitness-for-duty program, in such a manner as toadversely affect his or her ability tosafely and competently perform licensedduties.(k) Each licensee at power reactorsshall participate in the drug and alcoholtesting programs established pursuant to10 CFR part 28 Each licensee at non-power reactors shall participate in anydrug and alcohol testing program thatmay be established for that non-powerfacility.5. In 1 55.61, a new paragraph (b)(5) isadded to read as follows:155S81 Modifitation awd revocation ot* *
- 0 v~(b)*(5) For the sale, use or possession ofillegal drugs, or refusal to participate inthe facility drug and alcohol testingprogram, or a confirmed positive test fordrugs, drug metabolites, or alcohol inviolation of the conditions and cutofflevels established by i 55.53(X or theconsumption of alcoholic beverageswithin the protected area of powerreactors or the controlled access area ofnon-power reactors, or a determinationof unfitness for scheduled work as aresult of the consumption of alcoholicbeverages.Dated at Rockville, Maryland. this 5th dayof July 199LFor the Nuclear Regulatory Commission.Samuel J. Chilk;Secretary of the Commission.[FR Doc. 91-18687 Filed 7-12-91:845 amsILN coot 75w-1_-10 CFR Part 9Duplication FeesAGENCY Nuclear RegulatoryCommission.ACTION: Final rule.SUGARS.: The Nuclear RegulatoryCommission (NRC) is amending itsregulations by revising the charges forcopying records publicly available at theNRC Public Document Room inWashington, DC. The amendment isnecessary in order to reflect the changein copying charges resulting from theCommission's award of a new contractfor the copying of records.EFFECTIVE DATt July 15, 1991.FOR FURTHER INFORMATION
CONTACT
.Michelle Schroll, Public Document RoomBranch, Office of the Secretary, U.S.Nuclear Regulatory Commission,Washington, DC 20555, telephone 202-534-5338.SUPPLEMENTARY INFORMATION: The NRCmaintains a Public Document Room(PDR) at its headquarters at 2120 LStreet, NW. Lower Level, Washington,DC The PDR contains an extensivecollection of publicly available technicaland administrative records that the NRCreceives or generates. Requests by thepublic for the duplication of records atthe PDR have traditionally beenaccommodated by a duplicating servicecontractor selected by the NRC. Theschedule of duplication charges to thepublic established in the duplicatingservice contract Is set forth in 10 CFR9.35 of the Commission's regulations.The NRC has recently awarded a newduplicating service contract. The revisedfee scheduled reflects the changes incopying charges to the public that haveresulted from the awarding of the newcontract for the duplication of records atthe PDR.Because this is an amendment dealingwith agency practice and procedures,the notice provisions of theAdministrative Procedures Act do notapply pursuant to 5 U.S.C. 553(bNA). Inaddition, the PDR users were notified onJune 27, 199, that the new contract wasbeing awarded and that the new prices.would go into effect on July 10, 1991. Theamendment is effective upon publication LIST OF RECENTLY ISSUED GENERIC LETTERSGenericLetter No.91-15Date ofSubject IssuanceIssued ToOPERATING EXPERIENCEFEEDBACK REPORT, SOLENOID-OPERATED VALVE PROBLEMS ATUS REACTORSEMERGENCY TELECOMMUNICA-TIONS09/23/9109/23/9191-1491-13REQUEST FOR INFO RELATED 09/19/91TO RESOLUTION OF GI130,"ESSENTIAL SERVICE WATERSYS FAILURES AT MUTLI-UNITSITES," PURSUANT TO 1OCFR50.54(f)91-1291-11OPERATOR LICENSING NAT.EXAMINATION SCHEDULERESOLUTION OF GENERICISSUES 48, "LCOs FOR CLASS1E VITAL INSTRUMENT BUSES,"Iand 49, "INTERLOCKS AND LCOsFOR CLASS lE TIE BREAKERS"PURSUANT TO 1OCFR50.54(f)EXPLOSIVES SEARCHES ATPROTECTED AREA PORTALS08/27/9107/18/9107/08/91ALL POWER REACTORLICENSEES ANDAPPLICANTSALL HOLDERS OF OPLICENSES OR CONST.PERMITSLICENSEES AND APPLI-CANTS Braidwood, ByronCatawba, Comanche PeakCook, Diablo, McGuireALL PWR REACTORAND APPLICANTS FORAN OPERATING LICENSEALL HOLDERS OFOPERATING LICENSESTO ALL FUEL CYCLEFACILITY LICENSEESWHO POSSESS, USE,IMPORT OR EXPORTFORMULA QUANTITIESOF STRATEGIC SPECIALNUCLEAR MATERIALALL HOLDERS OFOLs AND CPs FORNUCLEAR POWERREACTORSALL HOLDERS OFOLs FOR BWRsALL HOLDERS OF OLsOR CPs FOR NUCLEARPOWER REACTORS91-1088-20SUPP. 491-0991-08INDIVIDUAL PLANT EXAMINATION 06/28/91OF EXTERNAL EVENTS (IPEEE)FOR SEVERE ACCIDENT VULNERA-BILITIES -10 CFR 50.54 (f)MODIFICATION OF SURVEILLANCEINTERVAL FOR THE ELECTRICALPROTECTIVE ASSEMBLIES INPOWER SUPPLIES FOR THEREACTOR PROTECTION SYSTEMREMOVAL OF COMPONENT LISTSFROM TECHNICAL SPECIFICA-TIONS06/27/9105/06/91 Generic Letter 91-16-2 -October 3, 1991Drug and alcohol abuse is a social, medical, and safety problem affectingevery segment of our society. The NRC recognizes that such abuse may alsoexist among licensed operators, senior operators, and others who work atnuclear reactors. The Commission believes all facility licensees shouldmanage licensed activities so as to provide reasonable assurance that nuclearreactor 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 andcompetently perform their duties.Individuals should also know that, even if a conviction for possession ordistribution of a controlled substance does not result in a declaration ofineligibility for Federal benefits by the sentencing court, the NRC may, inaccordance with its independent responsibility to protect the public healthand safety and the common defense and security, act on its own to deny,revoke, suspend, or modify a license or remove an individual from licensedactivities, upon such conviction. NRC sanctions for licensed operators inresponse to positive drug tests are described in 10 CFR Parts 2 and 55.This generic letter requires no specific action or written response. If youhave any questions about the information in this letter, please call one ofthe technical or legal contacts listed below or the appropriate regionaloffice.
Sincerely,Original signed by:James G. Partlow, Associate Directorfor ProjectsOffice of Nuclear Reactor Regulation
Enclosures:
1. Federal Register2. List of Recentlynotice 10 CFR Parts 2 and 55 (copy)Issued Generic LettersTechnical Contacts:N. K. Hunemuller, NRR(301) 492-3173(10 CFR Part 55)DISTRIBUTION:Central FilesNRC PDRDLPQ r/fNHunemullerL. L. Bush, Jr., NRR (10 CFR Part 26)(301) 492-0944Legal Contact:R. L.(301)Fonner, OGC492-1643*SEE PREVIOUSOLB:DLPQNKHunemuller08/30/91*PAGE FOR CONCURRENCEOLB:DLPQ OLB:DLPQDJLange RMGallo08/30/91* 09/03/91*TECH EJMain09/04/IA BA"DIR:DRISBKGrimes'91* 09/04/91*' 4~ADP:NRPt JGPartlowq i°/91OGCRLFonner09/05/91*0DD.tjRR /FJim xgliaIgATA: DRP~~MBoyle09t/7/91TA:DRELee9/ 91DDIR:DLPQCOThomas09/09/91*OFFICIALDOCUMENTI Q ADT:NRR'P' O0 B:D /J WTRussell CH -in(7 /1k/91 I/ \491 /RE D COPYNAME: FITNESS FOR DUTY GENERIC LTRjer Generic Letter 91--2 -Drug and alcohol abuse is a social, medical, and safety problem affectingevery segment of our society. The NRC recognizes that such abuse may alsoexist among licensed operators, senior operators, and others who work atnuclear power reactors. The Commission believes all facility licensees shouldmanage licensed activities so as to provide reasonable assurance that nuclearpower plant personnel will perform their tasks in a reliable and trustworthymanner, 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 safelyand competently perform their duties.Individuals should also know that, even if a conviction for possession or Idistribution of a controlled substance does not result in a declaration ofineligibility for Federal benefits by the sentencing court, the NRC may, inaccordance with its independent responsibility to protect the public healthyand safety and the common defense and security, act on its own to deny,revoke, suspend, or modify a license or remove an individual from licensedactivities, upon such conviction. NRC sanctions for licensed operators inresponse to positive drug tests are described in 10 CFR Parts 2 and 55.This generic letter requires no specific action or written response. If youhave any questions about the information in this letter, please call one ofthe technical or legal contacts listed below or the appropriate regionaloffice.
Enclosures:
1. Federal Register2. List of RecentlyTechnical Contacts:Legal Contact:
Sincerely,ama i. rtlow, Associate Directorfor ProjectsOffice of Nuclear Reactor egulationnotice 10 IFR Parts 2 and 55 (copy)Issued Ge eric LettersN. K. Hunemuller, NRR (10 FR Part 55)(301 492-3173L. L. Bush, Jr., NRR/ 10 CFR Part 26)(301) 492-0944R. L. Fonner, OGC(301) 492-1643*SEE PREVIOUSOLB:DLPQNKHunemuller08/30/91*DpkR:DiIM- D]S9 /9/91PAGE FOR CONCURRENCEOLB:DLPQ OLB:DLPQDJLange RPGallo08/30/91* 09/03/91*TECH EDJMain09/04/91*DIR:DRISBKGrimes09/04/91*ADP: NRRJGPartlow/ /91OGCRLFonner09/05/91*DD:NRRFJMiraglia/ /91[R:DLPQ4Roe/ /91ADT:NRRWTRussell/ /91OGCB:DOEACHBerlinger/ /91OFFICIAL RECORD COPYDOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR
"* N%.Generic Letter 91- -2 -Drug and alcohol abuse is a social, medical, and safety problem affectingevery segment of our society. The NRC recognizes that such abuse may alsoexist among licensed operators, senior operators, and others who work atnuclear power reactors. The Commission believes all facility licensees shouldmanage licensed activities so as to provide reasonable assurance that nuclearpower plant personnel will perform their tasks in a reliable and trustworthymanner, 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 safelyand competently perform their duties.Individuals should also know that, even if a conviction for possession ordistribution of a controlled substance does not result in a declaration ofineligibility for Federal benefits by the sentencing court, the NRC may, inaccordance with its independent responsibility to protect the public healthand safety and the common defense and security, act on its own to deny,revoke, suspend, or modify a license or remove an individual from licensedactivities, upon such conviction. NRC sanctions for licensed operators inresponse to positive drug testgare described in 10 CFR Parts 2 and 55. -This generic letter requires no specific action or written response. f youhave any questions about the information in this letter, please cal ne ofthe technical or legal contacts listed below or the appropriate red onaloffice.
Sincerely,James G. Partlow, ociate Directorfor ProjectsOffice of Nucl r Reactor Regulation
Enclosures:
1. Federal Register notice 10 CFR Parts 2 an 55 (copy)2. List of Recently Issued Generic LettersTechnical Contacts: N. K. Hunemull v NRR (10 CFR Part 55)(301) 492-31L. L. Bush/ Jr., NRR (10 CFR Part 26)(301) 4 -0944Legal Contact: R. L. Fonner, OGC(301) 492-1643*SEE PREVIOUS PAGE FOR CONCURRENCEOLB:DLPQ OLB:DLPQ OLB:DLPQ TECH ED DIR:DRIS OGCNKHunemuller DJLange RMGallo JMain BKGrimes RLFonner08/30/91* 08/30/91* 09/03/91* 09/04/91* 09/04/91* 09/05/91*DDIR:DLPQ DIR:DLPQ ADT:NRR OGCB:DOEA ADP:NRR DD:NRRCOThomas 7'JWRoe WTRussell CHBerlinger JGPartlow FJMiraglia/ /91 / /91 / /91 / /91 / /91 / /91OFFICIAL RECORD COPYDOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR Generic Letter 91--2 -Drug and alcohol abuse is a social, medical, and safety problem affectingevery segment of our society. The NRC recognizes that such abuse may alsoexist among licensed operators, senior operators, and others who work atnuclear power reactors. The Commission believes all facility licensees shouldmanage licensed activities so as to provide reasonable assurance that nuclearpower plant personnel will perform their tasks in a reliable and trustworthymanner, and not under the influence of alcohol or any prescription, over-the-counter, or illegal substance that in any way affects their ability to safelyand competently perform their duties.Individuals should also know that, even if a conviction for po ession ordistribution of a controlled substance does not result in a d claration ofineligibility for Federal benefits by the sentencing court, e NRC may, inaccordance with its independent responsibility to protect tie public healthand 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 licensedactivities, upon such conviction.This generic letter requires no specific action or wri ten response. If youhave any questions about the information in this let r, please call one ofthe technical or legal contacts listed below or the ppropriate regionaloffice.
Sincerely,James G. artlow, Associate Directorfor Pr jectsOffice f Nuclear Reactor Regulation
Enclosures:
1. Federal Register notice 10 CFR Parts and 55 (copy)2. List of Recently Issued Generic Lett rsTechnical Contacts: N. K. Hunemul er, NRR (10 CFR Part 55)(301) 492-31 3L. L. Bus Jr., NRR (10 CFR Part 26)(301) 49 0944Legal Contact: R. L. F nner, OGC(301) 92-1643*SEE PREVIOUS PAGE FOR CONCU RENCEOLB:DLPQ OLB:DLPQ OLB:DLPQ TECH ED S OG gNKHunemuller DJLange RMGallo JMain Grimes RL er08/30/91* 08/30/9 09/03/91* 09/04/91* e /91 q/ /91DDIR:DLPQ DIR:DLPQ DT:NRR OGCB:DOEA ADP:NRR DD:NRRCOThomas JWRoe TRussell CHBerlinger JGPartlow FJMiraglia/ /91 / /91 / /91 / /91 / /91 / /91IOFFICIALDOCUMENTRECORD COPYNAME: FITNESS FOR DUTY GENERIC LTR Individuals should also know that, even if a conviction for possession ordistribution of a controlled substance does not result in a declaration ofineligibility for Federal benefits by the sentencing urt, the NRC may, ina dance with its independent responsibility to potect the public healthand safet nd the common defense and security, ct on its own to deny,revoke, suspen or modify a license or remoy an individual from licensedactivities, upon ch conviction.This Jeneric getter re uires no specifi action or written response. If youhave any questions about the informa on in this letter, please call one ofthe technical or legal con acts li ed below or the appropriate regionaloffice.
Sincerely,nmes G. Partlow, Associate Directoror ProjectsOff 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 LettersTechnical Contacts: N. K. Hunemuller, NRR (10 R Part 55)(301) 492-3173L. L. Bush, Jr., NRR (10 CFR Par 26)(301) 492-0944Legal Contact: R. L. Fonner, OGC(301) 4 \OLB:DLPQ 'flk OLB:DLPQAl OLB:A~LPQ TECH ED DIR:DRIS OGCNKHunemuTlM DJLange" RMG,-Jlo JMain aT BKGrimes RLFonn3/30/9 8/3o/91t"c /j~qi91i 7/C A/1 / /91 / /91DDIR:DLPQ DIR:DLPQ ADT:NRR OGCB:DOEA ADP:NRR DD:NRRCOThomas JWRoe WTRussell CHBerlinger JGPartlow FJMiraglia/ /91 / /91 / /91 / /91 / /91 / /91OFFICIAL RECORD COPYDOCUMENT NAME: FITNESS FOR DUTY GENERIC LTR