[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Rules and Regulations]
[Page 45544-45546]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se09-2]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 55 and 76
RIN 3150-AI69
[NRC-2009-0242]
Administrative Changes
AGENCY: Nuclear Regulatory Commission (NRC).
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is making
administrative changes to its regulations to correct errors published
in recent rulemaking documents. This final rule clarifies the term
``Under the Influence'' and corrects erroneous citations and
typographical errors. This document is necessary to inform the public
of these changes.
DATES: Effective date is October 5, 2009.
FOR FURTHER INFORMATION CONTACT: Lynn Hall, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, telephone 301-415-3759,
e-mail Lynn.Hall@nrc.gov.
ADDRESSES: You can access publicly available documents related to this
document using the following methods:
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2009-0242]. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's electronic Reading Room at http:/
/www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
On March 31, 2008, (73 FR 16965), the NRC published a final rule
[[Page 45545]]
amending its Fitness-for-Duty programs to update the fitness-for-duty
requirements and enhance consistency with advances in other relevant
Federal rules and guidelines including the U.S. Department of Health
and Human Services Mandatory Guidelines for Federal Workplace Drug
Testing Programs, and other Federal drug and alcohol testing programs
that impose similar requirements on the private sector. The March 2008
rule amended portions of former Sec. 26.2 and moved them into new
Sec. 26.4. This final rule corrects a cross-reference to Sec.
26.2(a)(1) through (5), as stated in Sec. 76.60(f), to read Sec.
26.4(d)(1) through (5).
Furthermore, this document clarifies the term ``Under the
Influence,'' as stated in Sec. 55.53(j), by stating that the licensee
exceeded, as evidenced by a confirmed test result, the lower of the
cutoff levels of drugs or alcohol contained in 10 CFR Part 26. The
reference to appendix A of Part 26 has been removed from Sec. 55.53(f)
because the March 2008, Final rule eliminated appendix A from Part 26.
Rulemaking Procedure
Because this amendment constitutes a minor administrative change to
the regulations, the notice and comment provisions of the
Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(B).
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this rule.
Paperwork Reduction Act Statement
This final rule does not contain information collection
requirements and, therefore, is not subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget (OMB) control number.
Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
final rule; therefore, a backfit analysis is not required for this
final rule because these amendments are administrative in nature and do
not involve any provisions that would impose backfits as defined in 10
CFR Chapter I.
Congressional Review Act
In accordance with the Congressional Review Act of 1996, the NRC
has determined that this action is not a major rule and has verified
this determination with the Office of Information and Regulatory
Affairs of OMB.
List of Subjects
10 CFR Part 55
Criminal penalties, Manpower training programs, Nuclear power
plants and reactors, Reporting and recordkeeping requirements.
10 CFR Part 76
Certification, Criminal penalties, Radiation protection, Reporting
and recordkeeping requirements, Security measures, Special nuclear
material, Uranium enrichment by gaseous diffusion.
0
For the 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 5 U.S.C. 553, the NRC is
adopting the following amendments to 10 CFR Parts 55 and 76.
PART 55--OPERATORS' LICENSES
0
1. The authority citation for part 55 continues to read as follows:
Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953, as
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201,
2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended,
1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note). Sections 55.41, 55.43, 55.45, and 55.59 also issued
under sec. 306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226).
Section 55.61 also issued under secs. 186, 187, 68 Stat. 955 (42
U.S.C. 2236, 2237).
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2. In Sec. 55.53, paragraph (j) is revised to read as follows:
Sec. 55.53 Conditions of licenses.
* * * * *
(j) The licensee shall not consume or ingest alcoholic beverages
within the protected area of power reactors, or the controlled access
area of non-power reactors. The licensee shall not use, possess, or
sell any illegal drugs. The licensee shall not perform activities
authorized by a license issued under this part while under the
influence of alcohol or any prescription, over-the-counter, or illegal
substance that could adversely affect his or her ability to safely and
competently perform his or her licensed duties. For the purpose of this
paragraph, with respect to alcoholic beverages and drugs, the term
``under the influence'' means the licensee exceeded, as evidenced by a
confirmed test result, the lower of the cutoff levels for drugs or
alcohol contained in 10 CFR Part 26, or as established by the facility
licensee. The term ``under the influence'' also means the licensee
could be mentally or physically impaired as a result of substance use
including prescription and over-the-counter drugs, as determined under
the provisions, policies, and procedures established by the facility
licensee for its fitness-for-duty program, in such a manner as to
adversely affect his or her ability to safely and competently perform
licensed duties.
* * * * *
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
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3. The authority citation for part 76 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended, secs. 1312, 1701,
as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-349 (42
U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 206, 88
Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec.
234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321,
1321-349 (42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note): Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat.
2951, as amended.
Section 76.7 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851). Section 76.22 is also issued under sec. 193(f), as
amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(f)). Section 76.35(j) also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
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4. In Sec. 76.60, paragraph (f) is revised to read as follows:
Sec. 76.60 Regulatory requirements which apply.
* * * * *
(f) The Corporation shall comply with the applicable provisions of
10 CFR Part 26, ``Fitness-for-Duty Programs.'' The requirements of this
section apply only if the Corporation elects to engage in activities
involving formula quantities of strategic special nuclear material.
When applicable, the requirements apply only to the Corporation and
personnel carrying out the activities specified in Sec. 26.4(d)(1)
through (5), of this chapter.
* * * * *
Dated at Rockville, Maryland, this 11th day of August 2009.
[[Page 45546]]
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-21230 Filed 9-2-09; 8:45 am]
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