Fitness for Duty Programs, 38326-38328 [E9-18364]
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38326
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations
before April 21, 2009. No comments
were received. Therefore, for the reasons
given in the interim final rule, we are
adopting the interim final rule as a final
rule, without change.
To view the interim final rule, go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=AMS-FV08-0105.
This action also affirms information
contained in the interim final rule
concerning Executive Orders 12866 and
12988, the Paperwork Reduction Act (44
U.S.C. Chapter 35), and the E-Gov Act
(44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim final rule, without
change, as published in the Federal
Register (74 FR 7782, February 20,
2009) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 932
Marketing agreements, Olives,
Reporting and recordkeeping
requirements.
Accordingly, the interim final rule
that amended 7 CFR part 932 and that
was published at 74 FR 7782 on
February 20, 2009, is adopted as final
rule, without change.
Dated: July 28, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. E9–18415 Filed 7–31–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 145
[Docket No. APHIS–2007–0042]
RIN 0579–AC78
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National Poultry Improvement Plan and
Auxiliary Provisions; Technical
Amendment
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule; technical
amendment.
SUMMARY: In a final rule that was
published in the Federal Register on
April 1, 2009 (74 FR 14710–14719,
Docket No. APHIS–2007–0042), and
effective on May 1, 2009, we amended
Jkt 217001
Effective Date: August 3, 2009.
Mr.
Andrew R. Rhorer, Senior Coordinator,
Poultry Improvement Staff, National
Poultry Improvement Plan, Veterinary
Services, APHIS, USDA, 1498 Klondike
Road, Suite 101, Conyers, GA 30094–
5104; (770) 922–3496.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 9 CFR Part 145
Animal diseases, Poultry and poultry
products, Reporting and recordkeeping
requirements.
■ Accordingly, we are amending 9 CFR
part 145 as follows:
PART 145—NATIONAL POULTRY
IMPROVEMENT PLAN FOR BREEDING
POULTRY
1. The authority citation for part 145
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
§ 145.33
[Amended]
2. In § 145.33, paragraph (l)(2)(i) is
amended by removing the words ‘‘15
days’’ and adding the words ‘‘30 days’’
in their place.
■
Done in Washington, DC, this 27th day of
July 2009.
William H. Clay,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–18485 Filed 7–31–09; 8:45 am]
BILLING CODE 3410–34–P
Background
■
15:47 Jul 31, 2009
DATES:
SUPPLEMENTARY INFORMATION:
PART 932—OLIVES GROWN IN
CALIFORNIA—[AMENDED]
VerDate Nov<24>2008
the National Poultry Improvement Plan
(the Plan) and its auxiliary provisions
by providing new or modified sampling
and testing procedures for Plan
participants and participating flocks. In
that final rule, we amended the U.S.
Avian Influenza Clean program for
multiplier meat-type chicken breeding
flocks to require that 15 birds be tested
to retain the classification, rather than
30. However, our amendatory
instruction accomplishing this change
also amended the program to require
multiplier spent fowl to be tested within
15 days prior to movement to slaughter,
rather than 30 days. We had intended to
retain the 30-day requirement. This
document corrects that error.
In a final rule that was published in
the Federal Register on April 1, 2009
(74 FR 14710–14719, Docket No.
APHIS–2007–0042), and effective on
May 1, 2009, we amended the National
Poultry Improvement Plan (the Plan)
and its auxiliary provisions by
providing new or modified sampling
and testing procedures for Plan
participants and participating flocks.
The regulations in 9 CFR parts 145, 146,
and 147 contain the provisions of the
Plan.
We amended the U.S. Avian Influenza
Clean program for multiplier meat-type
chicken breeding flocks in § 145.33(l) by
reducing the sample of birds required to
be tested from 30 to 15 and reducing the
interval at which the sample must be
tested from 180 to 90 days. As the 30bird sample is referred to 4 times in
paragraph (l), the amendatory
instruction to accomplish this change
indicated that the numeral ‘‘30’’ should
be replaced each time it occurred in
paragraph (l) with the numeral ‘‘15.’’
However, paragraph (l)(2)(i) of § 145.33
also contained a requirement that
multiplier spent fowl be tested within
30 days prior to movement to slaughter.
Thus, our amendatory instruction
inadvertently changed that requirement
to require testing of multiplier spent
fowl 15 days prior to slaughter. We had
intended to retain the 30-day
requirement. This document corrects
that error.
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NUCLEAR REGULATORY
COMMISSION
10 CFR Part 26
[NRC–2002–0002]
RIN 3150–AF12
Fitness for Duty Programs
AGENCY: Nuclear Regulatory
Commission.
ACTION: Final rule; correcting
amendment.
SUMMARY: This document corrects a
final rule appearing in the Federal
Register on March 31, 2008 (73 FR
16965), that amended the Nuclear
Regulatory Commission’s (NRC’s)
regulations that govern fitness for duty
programs. This document is necessary
to correct erroneous language in the
preamble and codified language of the
final rule. These corrections include
fixing typographical errors and crossreferences, revising language in the
preamble to clarify unintended
discrepancies with the codified rule
text, and making non-substantive
changes to the rule text that do not
modify any requirements in the final
rule.
DATES: The correction is effective
August 3, 2009, and is retroactively
applicable to March 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Lynn Hall, Office of Nuclear Reactor
E:\FR\FM\03AUR1.SGM
03AUR1
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations
Regulation, U.S. Nuclear Regulatory
Commission, telephone 301–415–3759,
e-mail: Lynn.Hall@nrc.gov.
ADDRESSES: Documents related to this
correction can be publicly accessed
using the following methods:
Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
[NRC–2002–0002]. 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 O F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852.
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 https://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:
pdr.resource@nrc.gov.
This
document corrects erroneous language
to the preamble and codified language
of the Part 26 final rule published on
March 31, 2008 (73 FR 16965). Also, as
published, the final regulations contain
errors which may prove to be
misleading and need to be clarified. The
following corrects the preamble to the
March 31, 2008 document.
1. On page 16972, third column, in
the second paragraph, the second
sentence is corrected to read as follows:
The final rule introduces the concept
of ‘‘authorization’’ to Part 26 to refer to
the status of an individual who the
licensee or other entity has determined
can be trusted to avoid substance abuse,
and, therefore, may be permitted to have
the types of access or perform the duties
described in § 26.4 [FFD program
applicability to categories of
individuals], as a result of the process
described in this subpart.
2. On page 16983, first column, in the
third complete paragraph, the second
sentence is corrected to read as follows:
Surveys and expert panels have
suggested that tolerance for overtime is
generally limited to 300–400 hours of
overtime per year (ADAMS Accession
No. ML090850025); (NUREG/CR–4248).
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SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
15:47 Jul 31, 2009
Jkt 217001
3. On page 17002, third column, in
the second complete paragraph, the first
sentence is corrected to read as follows:
Section 26.4(g) of the final rule
amends the proposed rule to clarify the
requirements that the FFD program
personnel specified in this paragraph
must meet.
4. On page 17007, first column, the
complete sentence beginning on line 15
is corrected to read as follows:
The definition explicitly states the
criterion that the term ‘‘directing’’ refers
to an individual who is ‘‘directly
involved in the execution of the work
activity’’ and either ‘‘is ultimately
responsible for the correct performance
of that work activity’’ as opposed to, for
example, the planning, development or
scheduling of the activity, or whose
technical input does not receive
‘‘subsequent technical review.’’
5. On page 17030, third column, in
the first complete paragraph, the first
sentence is corrected to read as follows:
The NRC has added § 26.41(d)(2) to
ensure that licensees’ and other entities’
contracts with C/Vs and HHS-certified
laboratories permit the licensee or other
entity to obtain copies of and take away
any documents that auditors may need
to assure that the C/V, its
subcontractors, or the HHS-certified
laboratory are performing their
functions properly and that staff and
procedures meet applicable
requirements.
6. On page 17086, third column, in
the second complete paragraph, the first
sentence is corrected to read as follows:
Section 26.137(d)(5) requires that one
of the quality control samples included
in each analytical run must appear to be
a donor specimen to licensee testing
facility technicians.
7. On page 17088, second column, in
the second complete paragraph, the
fourth sentence is corrected to read as
follows:
Section 26.137(e)(6)(v) requires that
one sample must appear to be a donor
sample to the licensee testing facility
technicians.
8. On page 17092, first column, in the
second complete paragraph, the third
sentence is corrected to read as follows:
The cross-reference to former § 26.29
has been updated to reference § 26.37 in
the final rule.
9. On page 17117, first column, in the
second complete paragraph, the third
sentence is corrected to read as follows:
Therefore, § 26.189(a)(1) through
(a)(5) provides examples of the
healthcare professionals who are
qualified to address various fitness
issues that may arise in an FFD
program.
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38327
10. On page 17138, first column, the
third complete sentence beginning on
line 15 is corrected to read as follows:
If at any time during a unit outage an
individual performs duties specified in
§ 26.4(a)(1) through (a)(4) on or for a
unit that is not disconnected from the
electrical grid, the individual is subject
to the minimum day off requirements of
§ 26.205(d)(3) while the individual is
performing those duties.
List of Subjects in 10 CFR Part 26
Alcohol abuse, Alcohol testing,
Appeals, Chemical testing, Drug abuse,
Drug testing, Employee assistance
programs, Fitness for duty, Management
actions, Nuclear power reactors,
Protection of information, Reporting and
recordkeeping requirements.
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 553;
the NRC is adopting the following
amendments to 10 CFR part 26.
■
PART 26—FITNESS FOR DUTY
PROGRAMS
1. The authority citation for part 26
continues to read as follows:
■
Authority: Secs. 53, 81, 103, 104, 107, 161,
68 Stat. 930, 935, 936, 937, 948, as amended,
sec. 1701, 106 Stat. 2951, 2952, 2953 (42
U.S.C. 2073, 2111, 2112, 2133, 2134, 2137,
2201, 2297f); secs. 201, 202, 206, 88 Stat.
1242, 1244, 1246, as amended (42 U.S.C.
5841, 5842, 5846).
2. In § 26.31, paragraphs (c)(4), (c)(5),
and (d)(1) introductory text are revised
to read as follows:
■
§ 26.31
Drug and alcohol testing.
*
*
*
*
*
(c) * * *
(4) Follow-up. As part of a follow-up
plan to verify an individual’s continued
abstinence from substance abuse; and
(5) Random. On a statistically random
and unannounced basis, so that all
individuals in the population subject to
testing have an equal probability of
being selected and tested.
(d) General requirements for drug and
alcohol testing—(1) Substances tested.
At a minimum, licensees and other
entities shall test for marijuana
metabolite, cocaine metabolite, opiates
(codeine, morphine, 6-acetylmorphine),
amphetamines (amphetamine,
methamphetamine), phencyclidine,
adulterants, and alcohol.
*
*
*
*
*
■ 3. In § 26.41, paragraph (d)(1) is
revised to read as follows:
E:\FR\FM\03AUR1.SGM
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38328
§ 26.41
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations
Audits and corrective action.
*
*
*
*
*
(d) * * *
(1) The contracts of licensees and
other entities with C/Vs and HHScertified laboratories must reserve the
right to audit the C/V, the C/V’s
subcontractors providing FFD program
services, and the HHS-certified
laboratories at any time, including at
unannounced times, as well as to review
all information and documentation that
is reasonably relevant to the audits.
*
*
*
*
*
■ 4. In § 26.69, paragraphs (c)(3) and
(d)(2) are revised to read as follows:
§ 26.69 Authorization with potentially
disqualifying fitness-for-duty information.
*
*
*
*
*
(c) * * *
(3) If the designated reviewing official
determines that a determination of
fitness is required, verify that a
professional with the appropriate
qualifications, as specified in
§ 26.189(a), has indicated that the
individual is fit to safely and
competently perform his or her duties;
*
*
*
*
*
(d) * * *
(2) If the designated reviewing official
concludes that a determination of
fitness is required, verify that a
professional with the appropriate
qualifications, as specified in
§ 26.189(a), has indicated that the
individual is fit to safely and
competently perform his or her duties;
and
*
*
*
*
*
■ 5. In § 26.137, paragraphs (d)(2)(i),
(d)(5), and (e)(6)(v) are revised to read
as follows:
§ 26.137
control.
Quality assurance and quality
sroberts on DSKD5P82C1PROD with RULES
*
*
*
*
*
(d) * * *
(2) * * *
(i) Colorimetric pH tests must have a
dynamic range of 2 to 12 and pH meters
must be capable of measuring pH to one
decimal place.
*
*
*
*
*
(5) Each analytical run performed to
conduct initial validity testing shall
include at least one quality control
sample that appears to be a donor
specimen to the licensee testing facility
technicians.
*
*
*
*
*
(e) * * *
(6) * * *
(v) At least one positive control,
certified to be positive by an HHScertified laboratory, which appears to be
VerDate Nov<24>2008
15:47 Jul 31, 2009
Jkt 217001
a donor specimen to the licensee testing
facility technicians.
*
*
*
*
*
■ 6. In § 26.153, paragraph (f)(3) is
revised to read as follows:
§ 26.153 Using certified laboratories for
testing urine specimens.
*
*
*
*
*
(f) * * *
(3) The laboratory shall maintain test
records in confidence, consistent with
the requirements of § 26.37, and use
them with the highest regard for
individual privacy.
*
*
*
*
*
Dated at Rockville, Maryland, this 27th day
of July 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E9–18364 Filed 7–31–09; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No.: FAA–2007–27654; Amendment
No. 25–129]
RIN 2120–AI90
Activation of Ice Protection
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The Federal Aviation
Administration amends the
airworthiness standards applicable to
transport category airplanes certificated
for flight in icing conditions. The rule
requires a means to ensure timely
activation of the airframe ice protection
system. This rule is the result of
information gathered from a review of
icing accidents and incidents, and will
improve the level of safety for new
airplane designs for operations in icing
conditions.
DATES: This amendment becomes
effective September 2, 2009.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this final
rule contact Kathi Ishimaru, FAA,
Propulsion and Mechanical Systems
Branch, ANM–112, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Ave., SW., Renton,
Washington 98057–3356; telephone
(425) 227–2674; fax: (425) 227–1320, email: kathi.ishimaru@faa.gov. For legal
questions concerning this final rule
contact Douglas Anderson, FAA, Office
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
of Regional Counsel, Federal Aviation
Administration, 1601 Lind Ave., SW.,
Renton, Washington 98057–3356;
telephone (425) 227–2166; fax: (425)
227–1007, e-mail:
Douglas.Anderson@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code. Subtitle I, Section
106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701, ‘‘General requirements.’’ Under
that section, the FAA is charged with
promoting safe flight of civil aircraft in
air commerce by prescribing minimum
standards required in the interest of
safety for the design and performance of
aircraft. This regulation is within the
scope of that authority because it
prescribes new safety standards for the
design of transport category airplanes.
I. Background
On October 31, 1994, an accident
involving an Avions de Transport
Regional ATR 72 series airplane
occurred in icing conditions.1 This
prompted the FAA to initiate a review
of aircraft inflight icing safety and
determine changes that could be made
to increase the level of safety. In May
1996, the FAA sponsored the
International Conference on Aircraft
Inflight Icing where icing specialists
recommended improvements to increase
the level of safety of aircraft operating
in icing conditions. The FAA reviewed
the conference recommendations and
developed a comprehensive multi-year
icing plan. The FAA Inflight Aircraft
Icing Plan (Icing Plan), dated April
1997,2 described various activities the
FAA was contemplating to improve
safety when operating in icing
conditions. In accordance with the Icing
Plan, the FAA tasked the Aviation
Rulemaking Advisory Committee
(ARAC),3 through its Ice Protection
Harmonization Working Group, to
consider the need for ice detectors or
other acceptable means to warn
flightcrews of ice accretion on critical
surfaces requiring crew action. This rule
1 This accident and an Empressa Brasilia accident
resulted in NTSB recommendations nos. A–96–56
and A–98–91. This final rule partially addresses
these safety recommendations.
2 FAA Inflight Aircraft Icing Plan, dated April
1997, available in the Docket.
3 Published in the Federal Register, December 8,
1997 (62 FR 64621).
E:\FR\FM\03AUR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Rules and Regulations]
[Pages 38326-38328]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18364]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 26
[NRC-2002-0002]
RIN 3150-AF12
Fitness for Duty Programs
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects a final rule appearing in the Federal
Register on March 31, 2008 (73 FR 16965), that amended the Nuclear
Regulatory Commission's (NRC's) regulations that govern fitness for
duty programs. This document is necessary to correct erroneous language
in the preamble and codified language of the final rule. These
corrections include fixing typographical errors and cross-references,
revising language in the preamble to clarify unintended discrepancies
with the codified rule text, and making non-substantive changes to the
rule text that do not modify any requirements in the final rule.
DATES: The correction is effective August 3, 2009, and is retroactively
applicable to March 31, 2008.
FOR FURTHER INFORMATION CONTACT: Lynn Hall, Office of Nuclear Reactor
[[Page 38327]]
Regulation, U.S. Nuclear Regulatory Commission, telephone 301-415-3759,
e-mail: Lynn.Hall@nrc.gov.
ADDRESSES: Documents related to this correction can be publicly
accessed using the following methods:
Federal e-Rulemaking Portal: Go to https://www.regulations.gov and
search for documents filed under Docket ID [NRC-2002-0002]. 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 O F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
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 https://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:
pdr.resource@nrc.gov.
SUPPLEMENTARY INFORMATION: This document corrects erroneous language to
the preamble and codified language of the Part 26 final rule published
on March 31, 2008 (73 FR 16965). Also, as published, the final
regulations contain errors which may prove to be misleading and need to
be clarified. The following corrects the preamble to the March 31, 2008
document.
1. On page 16972, third column, in the second paragraph, the second
sentence is corrected to read as follows:
The final rule introduces the concept of ``authorization'' to Part
26 to refer to the status of an individual who the licensee or other
entity has determined can be trusted to avoid substance abuse, and,
therefore, may be permitted to have the types of access or perform the
duties described in Sec. 26.4 [FFD program applicability to categories
of individuals], as a result of the process described in this subpart.
2. On page 16983, first column, in the third complete paragraph,
the second sentence is corrected to read as follows:
Surveys and expert panels have suggested that tolerance for
overtime is generally limited to 300-400 hours of overtime per year
(ADAMS Accession No. ML090850025); (NUREG/CR-4248).
3. On page 17002, third column, in the second complete paragraph,
the first sentence is corrected to read as follows:
Section 26.4(g) of the final rule amends the proposed rule to
clarify the requirements that the FFD program personnel specified in
this paragraph must meet.
4. On page 17007, first column, the complete sentence beginning on
line 15 is corrected to read as follows:
The definition explicitly states the criterion that the term
``directing'' refers to an individual who is ``directly involved in the
execution of the work activity'' and either ``is ultimately responsible
for the correct performance of that work activity'' as opposed to, for
example, the planning, development or scheduling of the activity, or
whose technical input does not receive ``subsequent technical review.''
5. On page 17030, third column, in the first complete paragraph,
the first sentence is corrected to read as follows:
The NRC has added Sec. 26.41(d)(2) to ensure that licensees' and
other entities' contracts with C/Vs and HHS-certified laboratories
permit the licensee or other entity to obtain copies of and take away
any documents that auditors may need to assure that the C/V, its
subcontractors, or the HHS-certified laboratory are performing their
functions properly and that staff and procedures meet applicable
requirements.
6. On page 17086, third column, in the second complete paragraph,
the first sentence is corrected to read as follows:
Section 26.137(d)(5) requires that one of the quality control
samples included in each analytical run must appear to be a donor
specimen to licensee testing facility technicians.
7. On page 17088, second column, in the second complete paragraph,
the fourth sentence is corrected to read as follows:
Section 26.137(e)(6)(v) requires that one sample must appear to be
a donor sample to the licensee testing facility technicians.
8. On page 17092, first column, in the second complete paragraph,
the third sentence is corrected to read as follows:
The cross-reference to former Sec. 26.29 has been updated to
reference Sec. 26.37 in the final rule.
9. On page 17117, first column, in the second complete paragraph,
the third sentence is corrected to read as follows:
Therefore, Sec. 26.189(a)(1) through (a)(5) provides examples of
the healthcare professionals who are qualified to address various
fitness issues that may arise in an FFD program.
10. On page 17138, first column, the third complete sentence
beginning on line 15 is corrected to read as follows:
If at any time during a unit outage an individual performs duties
specified in Sec. 26.4(a)(1) through (a)(4) on or for a unit that is
not disconnected from the electrical grid, the individual is subject to
the minimum day off requirements of Sec. 26.205(d)(3) while the
individual is performing those duties.
List of Subjects in 10 CFR Part 26
Alcohol abuse, Alcohol testing, Appeals, Chemical testing, Drug
abuse, Drug testing, Employee assistance programs, Fitness for duty,
Management actions, Nuclear power reactors, Protection of information,
Reporting and recordkeeping requirements.
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 553; the NRC is adopting the
following amendments to 10 CFR part 26.
PART 26--FITNESS FOR DUTY PROGRAMS
0
1. The authority citation for part 26 continues to read as follows:
Authority: Secs. 53, 81, 103, 104, 107, 161, 68 Stat. 930, 935,
936, 937, 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42
U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, 2201, 2297f); secs. 201,
202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841,
5842, 5846).
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2. In Sec. 26.31, paragraphs (c)(4), (c)(5), and (d)(1) introductory
text are revised to read as follows:
Sec. 26.31 Drug and alcohol testing.
* * * * *
(c) * * *
(4) Follow-up. As part of a follow-up plan to verify an
individual's continued abstinence from substance abuse; and
(5) Random. On a statistically random and unannounced basis, so
that all individuals in the population subject to testing have an equal
probability of being selected and tested.
(d) General requirements for drug and alcohol testing--(1)
Substances tested. At a minimum, licensees and other entities shall
test for marijuana metabolite, cocaine metabolite, opiates (codeine,
morphine, 6-acetylmorphine), amphetamines (amphetamine,
methamphetamine), phencyclidine, adulterants, and alcohol.
* * * * *
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3. In Sec. 26.41, paragraph (d)(1) is revised to read as follows:
[[Page 38328]]
Sec. 26.41 Audits and corrective action.
* * * * *
(d) * * *
(1) The contracts of licensees and other entities with C/Vs and
HHS-certified laboratories must reserve the right to audit the C/V, the
C/V's subcontractors providing FFD program services, and the HHS-
certified laboratories at any time, including at unannounced times, as
well as to review all information and documentation that is reasonably
relevant to the audits.
* * * * *
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4. In Sec. 26.69, paragraphs (c)(3) and (d)(2) are revised to read as
follows:
Sec. 26.69 Authorization with potentially disqualifying fitness-for-
duty information.
* * * * *
(c) * * *
(3) If the designated reviewing official determines that a
determination of fitness is required, verify that a professional with
the appropriate qualifications, as specified in Sec. 26.189(a), has
indicated that the individual is fit to safely and competently perform
his or her duties;
* * * * *
(d) * * *
(2) If the designated reviewing official concludes that a
determination of fitness is required, verify that a professional with
the appropriate qualifications, as specified in Sec. 26.189(a), has
indicated that the individual is fit to safely and competently perform
his or her duties; and
* * * * *
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5. In Sec. 26.137, paragraphs (d)(2)(i), (d)(5), and (e)(6)(v) are
revised to read as follows:
Sec. 26.137 Quality assurance and quality control.
* * * * *
(d) * * *
(2) * * *
(i) Colorimetric pH tests must have a dynamic range of 2 to 12 and
pH meters must be capable of measuring pH to one decimal place.
* * * * *
(5) Each analytical run performed to conduct initial validity
testing shall include at least one quality control sample that appears
to be a donor specimen to the licensee testing facility technicians.
* * * * *
(e) * * *
(6) * * *
(v) At least one positive control, certified to be positive by an
HHS-certified laboratory, which appears to be a donor specimen to the
licensee testing facility technicians.
* * * * *
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6. In Sec. 26.153, paragraph (f)(3) is revised to read as follows:
Sec. 26.153 Using certified laboratories for testing urine specimens.
* * * * *
(f) * * *
(3) The laboratory shall maintain test records in confidence,
consistent with the requirements of Sec. 26.37, and use them with the
highest regard for individual privacy.
* * * * *
Dated at Rockville, Maryland, this 27th day of July 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E9-18364 Filed 7-31-09; 8:45 am]
BILLING CODE 7590-01-P
