[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Rules and Regulations]
[Pages 45544-45546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21230]



10 CFR Parts 55 and 76

RIN 3150-AI69

Administrative Changes

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Final rule.


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 [email protected].

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 
[email protected].
    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 
[email protected].



    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.

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.


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).

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.
* * * * *


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).

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]