80 FR 48348 - Fitness-for-Duty Programs for New Nuclear Power Plant Construction Sites

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 155 (August 12, 2015)

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.

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48348-48349]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 7590-01-P