Fitness-for-Duty Programs, 55429-55430 [2012-22185]

Download as PDF 55429 Proposed Rules Federal Register Vol. 77, No. 175 Monday, September 10, 2012 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Part 26 [NRC–2009–0090] RIN 3150–AI58 Fitness-for-Duty Programs Nuclear Regulatory Commission. ACTION: Regulatory basis and preliminary proposed rule language. AGENCY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) will periodically make publicly available a series of documents related to the ongoing proposed rulemaking effort to amend its regulations regarding Fitness-for-Duty Programs. The NRC does not plan to institute a public comment period for these materials when making them publicly available. This document announces the availability of two rulemaking documents: The regulatory basis and preliminary proposed rule language for requiring personnel performing certain quality control and quality verification (QC/QV) duties to comply with the work hour provisions. The availability of these documents provides increased awareness to interested stakeholders and provides preparatory material for future public meetings. DATES: At this time, the NRC is not soliciting formal public comments on the materials identified in this document. There will be an opportunity for formal public comment on the proposed rule when it is published in the Federal Register. ADDRESSES: Please refer to Docket ID NRC–2009–0090 when contacting the NRC about the availability of information for this document. You may access information and comment submittals related to this document, which the NRC possesses and are publicly available, by any of the following methods: wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:35 Sep 07, 2012 Jkt 226001 • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC–2009–0090. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at https://www.nrc.gov/readingrm/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 pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • 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. FOR FURTHER INFORMATION CONTACT: Scott C. Sloan, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–1619; email: Scott.Sloan@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background As the NRC continues its ongoing proposed rulemaking effort to amend portions of part 26 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Fitness-for-Duty Programs,’’ subpart I, ‘‘Managing Fatigue,’’ the NRC will periodically make preliminary documents publicly available on the Federal rulemaking Web site, www.regulations.gov, under Docket ID NRC–2009–0090. By making these documents publicly available, the NRC seeks to inform stakeholders of the current status of the NRC’s rulemaking development activities and provide preparatory material for future public meetings. The NRC is not instituting a public comment period on these materials, but the public is encouraged to participate in related public meetings. In addition, the public will be given opportunity to provide comments on the proposed rule upon its publication in the Federal Register. PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 II. Petitions for Rulemaking A discussion of a September 28, 1999, petition for rulemaking (PRM), PRM– 26–2 (64 FR 67205; December 1, 1999), is included in the Regulatory Basis for this proposed rulemaking. This PRM was partially considered in the March 31, 2008 (73 FR 16965), Fitness for Duty Programs final rule. In this proposed rulemaking, the NRC is considering PRM–26–3 (76 FR 28192; May 16, 2011), PRM–26–5 (76 FR 28192; May 16, 2011), and PRM–26–6 (76 FR 28191; May 16, 2011). III. Publicly Available Documents The NRC has posted for public availability on www.regulations.gov, the regulatory basis for requiring personnel performing certain quality control and quality verification (QC/QV) duties to comply with the work hour provisions of 10 CFR part 26, subpart I. This regulatory basis was completed in 2010 and documents the reasons why the NRC determined rulemaking was the appropriate course of action to remedy a regulatory shortcoming. When the regulatory basis was completed, the NRC had not yet begun the rulemaking that provides a voluntary alternative to the Minimum Days Off (MDO) requirements found in § 26.205(d)(3). That alternative became effective on August 11, 2011 (76 FR 43534). However, initial technical analysis indicates that the alternative to the MDO requirements does not change the basis for this rulemaking. In addition, the NRC has posted preliminary proposed rule language related to these QC/QV personnel on www.regulations.gov. This preliminary proposed rule language contains one portion of the NRC’s planned proposed changes. This language does not represent a final NRC staff position, nor has it been reviewed by the Commission. Therefore, the preliminary proposed rule language may undergo significant revision during the rulemaking process. The NRC is not requesting formal public comments on the regulatory basis or the preliminary proposed rule language. The NRC may post additional materials, including other preliminary rule language, to the Federal rulemaking Web site at https://www.regulations.gov, under Docket ID NRC–2009–0090. The Federal rulemaking Web site allows you to receive alerts when changes or E:\FR\FM\10SEP1.SGM 10SEP1 55430 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Proposed Rules additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC–2009–0090); (2) click the ‘‘Email Alert’’ link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, well-organized manner that also follows other best practices appropriate to the subject or field and the intended audience. Although regulations are exempt under the Act, the NRC is applying the same principles to its rulemaking documents. Therefore, the NRC has written this document, including the preliminary proposed rule language, to be consistent with the Plain Writing Act. There will be an opportunity for formal public comment on the use of plain language when the proposed rule is published in the Federal Register. Dated at Rockville, Maryland, this August 22, 2012. For the Nuclear Regulatory Commission. Sher Bahadur, Deputy Director, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 2012–22185 Filed 9–7–12; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 904 [SATS No. AR–040–FOR; Docket ID OSM– 2012–0017] Arkansas Regulatory Program and Abandoned Mine Land Reclamation Plan Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period on proposed amendment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Arkansas regulatory program (Arkansas program) and the Arkansas abandoned mine land reclamation plan (Arkansas plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Arkansas proposes to revise substantial portions of its regulatory program and abandoned mine land wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:35 Sep 07, 2012 Jkt 226001 reclamation plan, make grammatical changes, correct punctuation, revise dates, and delete and add citations. The proposed amendment consists of substantive changes to Arkansas’s regulations regarding: Subchapter A— General; Subchapter F—Areas Unsuitable for Mining; Subchapter G— Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems; Subchapter J—Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations; Subchapter K—State Program Performance Standards; Subchapter L— State Program Inspection and Enforcement Procedures; Subchapter M—Training Programs for Blasters and Members of Blasting Crews, and Certification Programs for Blasters; and Subchapter R—Abandoned Mine Land Reclamation. This document provides the times and locations that the Arkansas program, Arkansas plan, and this proposed amendment are available for your review; the comment period during which you may submit written comments on the amendment; and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4:00 p.m., c.d.t., October 10, 2012. If requested, we will hold a public hearing on the amendment on October 5, 2012. We will accept requests to speak at a hearing until 4:00 p.m., c.d.t. on September 25, 2012. ADDRESSES: You may submit comments, identified by SATS No. AR–040–FOR, by any of the following methods: • Mail/Hand Delivery: Alfred L. Clayborne, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128–4629. • Fax: (918) 581–6419. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Comment Procedures’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Arkansas regulations, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSM’s Tulsa Field Office, or the full text of the program amendment available for you to read at www.regulations.gov. Alfred L. Clayborne, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128–4629, Telephone: (918) 581–6430 . In addition, you may review a copy of the amendment during regular business hours at the following location: Arkansas Department of Environmental Quality, 5301 Northshore Drive, North Little Rock, Arkansas 72118–5317, Telephone: (501) 682–0744. FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa Field Office. Telephone: (918) 581– 6430. Email: aclayborne@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Arkansas Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Arkansas Program Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, ‘‘a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act * * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.’’ See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior (Secretary) conditionally approved the Arkansas program effective November 21, 1980. You can find background information on the Arkansas program, including the Secretary’s findings, the disposition of comments, and the conditions of approval of the Arkansas program in the November 21, 1980, Federal Register (45 FR 77003). You can find later actions on the Arkansas program at 30 CFR 904.10, 904.12, and 904.15. The Abandoned Mine Land Reclamation Program was established by Title IV of the Act in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of E:\FR\FM\10SEP1.SGM 10SEP1

Agencies

[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Proposed Rules]
[Pages 55429-55430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22185]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / 
Proposed Rules

[[Page 55429]]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 26

[NRC-2009-0090]
RIN 3150-AI58


Fitness-for-Duty Programs

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory basis and preliminary proposed rule language.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
will periodically make publicly available a series of documents related 
to the ongoing proposed rulemaking effort to amend its regulations 
regarding Fitness-for-Duty Programs. The NRC does not plan to institute 
a public comment period for these materials when making them publicly 
available. This document announces the availability of two rulemaking 
documents: The regulatory basis and preliminary proposed rule language 
for requiring personnel performing certain quality control and quality 
verification (QC/QV) duties to comply with the work hour provisions. 
The availability of these documents provides increased awareness to 
interested stakeholders and provides preparatory material for future 
public meetings.

DATES: At this time, the NRC is not soliciting formal public comments 
on the materials identified in this document. There will be an 
opportunity for formal public comment on the proposed rule when it is 
published in the Federal Register.

ADDRESSES: Please refer to Docket ID NRC-2009-0090 when contacting the 
NRC about the availability of information for this document. You may 
access information and comment submittals related to this document, 
which the NRC possesses and are publicly available, by any of the 
following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2009-0090.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at https://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 pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     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.

FOR FURTHER INFORMATION CONTACT: Scott C. Sloan, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1619; email: Scott.Sloan@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    As the NRC continues its ongoing proposed rulemaking effort to 
amend portions of part 26 of Title 10 of the Code of Federal 
Regulations (10 CFR), ``Fitness-for-Duty Programs,'' subpart I, 
``Managing Fatigue,'' the NRC will periodically make preliminary 
documents publicly available on the Federal rulemaking Web site, 
www.regulations.gov, under Docket ID NRC-2009-0090. By making these 
documents publicly available, the NRC seeks to inform stakeholders of 
the current status of the NRC's rulemaking development activities and 
provide preparatory material for future public meetings. The NRC is not 
instituting a public comment period on these materials, but the public 
is encouraged to participate in related public meetings. In addition, 
the public will be given opportunity to provide comments on the 
proposed rule upon its publication in the Federal Register.

II. Petitions for Rulemaking

    A discussion of a September 28, 1999, petition for rulemaking 
(PRM), PRM-26-2 (64 FR 67205; December 1, 1999), is included in the 
Regulatory Basis for this proposed rulemaking. This PRM was partially 
considered in the March 31, 2008 (73 FR 16965), Fitness for Duty 
Programs final rule. In this proposed rulemaking, the NRC is 
considering PRM-26-3 (76 FR 28192; May 16, 2011), PRM-26-5 (76 FR 
28192; May 16, 2011), and PRM-26-6 (76 FR 28191; May 16, 2011).

III. Publicly Available Documents

    The NRC has posted for public availability on www.regulations.gov, 
the regulatory basis for requiring personnel performing certain quality 
control and quality verification (QC/QV) duties to comply with the work 
hour provisions of 10 CFR part 26, subpart I. This regulatory basis was 
completed in 2010 and documents the reasons why the NRC determined 
rulemaking was the appropriate course of action to remedy a regulatory 
shortcoming.
    When the regulatory basis was completed, the NRC had not yet begun 
the rulemaking that provides a voluntary alternative to the Minimum 
Days Off (MDO) requirements found in Sec.  26.205(d)(3). That 
alternative became effective on August 11, 2011 (76 FR 43534). However, 
initial technical analysis indicates that the alternative to the MDO 
requirements does not change the basis for this rulemaking.
    In addition, the NRC has posted preliminary proposed rule language 
related to these QC/QV personnel on www.regulations.gov. This 
preliminary proposed rule language contains one portion of the NRC's 
planned proposed changes. This language does not represent a final NRC 
staff position, nor has it been reviewed by the Commission. Therefore, 
the preliminary proposed rule language may undergo significant revision 
during the rulemaking process.
    The NRC is not requesting formal public comments on the regulatory 
basis or the preliminary proposed rule language. The NRC may post 
additional materials, including other preliminary rule language, to the 
Federal rulemaking Web site at https://www.regulations.gov, under 
Docket ID NRC-2009-0090. The Federal rulemaking Web site allows you to 
receive alerts when changes or

[[Page 55430]]

additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2009-0090); (2) click the ``Email Alert'' link; and 
(3) enter your email address and select how frequently you would like 
to receive emails (daily, weekly, or monthly).

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. Although regulations are exempt under 
the Act, the NRC is applying the same principles to its rulemaking 
documents. Therefore, the NRC has written this document, including the 
preliminary proposed rule language, to be consistent with the Plain 
Writing Act. There will be an opportunity for formal public comment on 
the use of plain language when the proposed rule is published in the 
Federal Register.

    Dated at Rockville, Maryland, this August 22, 2012.

    For the Nuclear Regulatory Commission.
Sher Bahadur,
Deputy Director, Division of Policy and Rulemaking, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2012-22185 Filed 9-7-12; 8:45 am]
BILLING CODE 7590-01-P
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