[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR26.2]

[Page 439]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 26--FITNESS FOR DUTY PROGRAMS--Table of Contents
 
Sec. 26.2  Scope.

    (a) The regulations in this part apply to licensees authorized to 
operate a nuclear power reactor, to possess or use formula quantities of 
SSNM, or to transport formula quantities of SSNM. Each licensee shall 
implement a fitness-for-duty program which complies with this part. The 
provisions of the fitness-for-duty program must apply to all persons 
granted unescorted access to nuclear power plant protected areas, to 
licensee, vendor, or contractor personnel required to physically report 
to a licensee's Technical Support Center (TSC) or Emergency Operations 
Facility (EOF) in accordance with licensee emergency plans and 
procedures, and to SSNM licensee and transporter personnel who:
    (1) Are granted unescorted access to Category IA Material;
    (2) Create or have access to procedures or records for safeguarding 
SSNM;
    (3) Make measurements of Category IA Material;
    (4) Transport or escort Category IA Material; or
    (5) Guard Category IA Material.
    (b) The regulations in this part do not apply to NRC employees, to 
law enforcement personnel, or offsite emergency fire and medical 
response personnel while responding onsite, or SSNM transporters who are 
subject to U.S. Department of Transportation drug or alcohol fitness 
programs that require random testing for drugs and alcohol. The 
regulations in this part also do not apply to spent fuel storage 
facility licensees or non-power reactor licensees who possess, use, or 
transport formula quantities of irradiated SSNM as these materials are 
exempt from the Category I physical protection requirements as set forth 
in 10 CFR 73.6.
    (c) Certain regulations in this part apply to licensees holding 
permits to construct a nuclear power plant. Each construction permit 
holder, with a plant under active construction, shall comply with 
Sec. Sec. 26.10, 26.20, 26.23, 26.70, and 26.73 of this part; shall 
implement a chemical testing program, including random tests; and shall 
make provisions for employee assistance programs, imposition of 
sanctions, appeals procedures, the protection of information, and 
recordkeeping.
    (d) The regulations in this part apply to the Corporation required 
to obtain a certificate of compliance or an approved compliance plan 
under part 76 of this chapter 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. 
26.2(a)(1) through (5).

[58 FR 31469, June 3, 1993, as amended at 59 FR 48959, Sept. 23, 1994]