[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48348-48349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19773]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0253]
Fitness-for-Duty Programs for New Nuclear Power Plant
Construction Sites
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory guide; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new
regulatory guide (RG), RG 5.84, ``Fitness-for-Duty Programs at New
Reactor Construction Sites.'' This RG provides guidance for
implementing fitness-for-duty (FFD) requirements at nuclear power plant
construction sites.
ADDRESSES: Please refer to Docket ID NRC-2014-0253 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, using the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0253. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected].
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced. Revision 0 of Regulatory Guide 5.84, is available in ADAMS
under Accession No. ML15083A412. The regulatory analysis may be found
in ADAMS under Accession No. ML14218A861.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Wesley W. Held, Office of Nuclear
Security and Incident Response, telephone: 301-415-1583, email:
[email protected], or Richard A. Jervey, Office of Nuclear Regulatory
Research, telephone: 301-415-6201, email: [email protected]. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is issuing a new guide in the NRC's ``Regulatory Guide''
series. This series was developed to describe and make available to the
public information regarding methods that are acceptable to the NRC
staff for implementing specific parts of the agency's regulations,
techniques that the staff uses in evaluating specific issues or
postulated events, and data that the staff needs in
[[Page 48349]]
its review of applications for permits and licenses.
Revision 0 of RG 5.84 was issued with a temporary identification as
Draft Regulatory Guide, DG-5036. This guidance is provided to ensure
the effective and consistent implementation of the requirements in
subpart K, ``FFD Programs for Construction,'' of part 26, ``Fitness-
for-Duty Programs,'' in Title 10 of the Code of Federal Regulations (10
CFR). Part 26 requires certain individuals involved in the construction
of nuclear power plants to be fit for duty. The requirements in part 26
are prescriptive in a number of areas, such as drug and alcohol
testing; however, in other areas, such as those associated with subpart
K, the regulations contain less prescriptive, performance-based
requirements. The performance-based regulations in subpart K enable
licensees, applicants, and other entities to develop, implement, and/or
maintain site-specific (or fleet-wide) FFD programs in a manner that
best suits their needs while still meeting regulatory requirements.
However, this flexibility, without regulatory guidance, can challenge
consistent and effective rule implementation. For example, a licensee
can implement sanctions for FFD policy violations that are markedly
more or less severe than sanctions for an equivalent violation at
another licensee's construction site. This RG endorses the
methodologies described in industry guidance document Nuclear Energy
Institute (NEI) 06-06, ``Fitness for Duty Program Guidance for New
Nuclear Power Plant Construction Sites,'' revision 6, dated April 2013
(ADAMS Accession No. ML13093A340), with one exception.
II. Additional Information
DG-5036 was published in the Federal Register on November 28, 2014
(79 FR 70898), for a 60-day public comment period. The public comment
period closed on January 27, 2015. Public comments on DG-5036 and the
staff responses to the public comments are available under ADAMS
Accession Number ML15083A410.
III. Congressional Review Act
This regulatory guide is a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808). However, the Office of Management and
Budget has not found it to be a major rule as defined in the
Congressional Review Act.
IV. Backfitting and Issue Finality
This regulatory guide provides guidance on the methods acceptable
to the NRC staff for complying with the NRC's regulations associated
with FFD programs of licensees or other entities during construction of
new nuclear power reactors. The guide applies to certain current and
future applicants for, and holders of, power reactor licenses and
construction permits under 10 CFR part 50 and power reactor licenses
and early site permits under 10 CFR part 52. Issuance of RG 5.84 does
not constitute backfitting under 10 CFR part 50 and is not otherwise
inconsistent with the issue finality provisions in 10 CFR part 52. As
discussed in the ``Implementation'' section of RG 5.84, the NRC has no
current intention to impose the RG on current holders of 10 CFR part 50
operating licenses or 10 CFR part 52 combined licenses.
This RG could be applied to applications for certain 10 CFR part 50
operating licenses or construction permits and 10 CFR part 52 combined
licenses and early site permits. Such action would not constitute
backfitting as defined in 10 CFR 50.109 or be otherwise inconsistent
with the applicable issue finality provision in 10 CFR part 52,
inasmuch as such applicants are not within the scope of entities
protected by 10 CFR 50.109 or the relevant issue finality provisions in
10 CFR part 52.
Dated at Rockville, Maryland, this 7th day of August, 2015.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-19773 Filed 8-11-15; 8:45 am]
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