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prove useful to licensees when they develo, the fitness for duty programs that would be required by the proposed rule.

The proposed rule would apply to the licensees' employees and comtractor personnel with unescurted access to protected areas of facilities issued operating licenses under 10 CFR 50.22. This category of personnel was chosen because any person with unescorted access to a protected area may have the opportunity to adversely effect the health and safety of the public through an unobserved act, whether intentional or inadvertent. It does not include NRC personnel.

Persons would be considered unfit for duty if their faculties were affected in a way contrary to safety by substances such as alcohol or drugs. Additionally, the phrase "...or otherwise unfit for duty..." is intended to require consideration of the effacts of other factors when determining an individual's fitness for duty such as fatigue, stress, fllness, and temporary physical impairments.

The proposed rule would require commercial and industrial facilities licensed under 10 CFR 50.22 to establish. document, and implement procedures to assure that personnel with unescorted access to the protected area of the licensed facility are not unfit for duty.

At this time, establishment of specific criteria to be used to determine fitness for duty and specific methods of implementation of this requirement have been left to the licensee. The Commission solicits public comment on (1) the establishment of specific fitness criteria (such as the Federal Aviation Administration's regulations regarding crewmembers of civil aircraft in 14 CFR 91.11(a)) for nuclear plant personnel, (2) specific methods of implementation of the Fitness

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for Duty Rule, including the use of breath tests, background investigations, psychological tests, behavioral observation programs, employee awareness programs, employee assistance programs, and other possible implementation measures, and (3) limiting the scope of the rule to personnel with unescorted access to vital areas (generally, a protected area is any area encompassed by physical barriers and to which access is controlled while a vital area is any area that contains vital equipment; these terms are specifically defined in 10 CFR 73.2).

The Commission wants to allow each licensee to develop procedures which take into consideration not only fairness to and due process for its employees but also, any conditions or circumstances unique to its facility. Therefore, the proposed rule is broadly worded. The Commission invites public comment on the level of specificity that should be included in the proposed rule.

PAPERWORK REDUCTION ACT

This proposed rule will be submitted to the Office of Management and Budget for clearance of its information collection requirements as required by the Paperwork Reduction Act of 1980, Public Law 96-511.

REGULATORY FLEXIBILITY ACT CERTIFICATION

In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission hereby certifies that this rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. This proposed rule affects personnel with unescorted access to protected areas of facilities licensed under the provisions of 10 CFR 50.22 for which an operating license has been granted. The companies that own these facilities do not fall within the scope of

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"small entities" set forth in the Regulatory Flexibility Act or the

small business size standards set out in regulations issued by the Small Business Administration in 13 CFR Part 121.

LIST OF SUBJECTS IN 10 CFR Part 50

Antitrust, Classified information, Fire prevention, Intergovernmental relations, Nuclear power plants and reactors, Penalty, Radiation protection, Reactor siting criteria, Reporting requirements.

Therefore, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of title 5 of the United States Code, notice is hereby given that adoption of the following amendment to 10 CFR Part 50 is contemplated.

PART 50- Domestic Licensing of

Production and Utilization Facilities

1. The authority citation for Part 50 reads as follows:

Authority: Secs. 103, 104, 161, 182, 183, 189, 68 Stat. 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2133, 2134, 2201. 2232, 2233, 2239): secs. 201, 202, 206, 88 Stat. 1243, 1244, 1246 (42 U.S.C. 5841, 5842, 5846), unless otherwise noted.

Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Sections 50.100-50.102 issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), §§ 50.10(a), (b), and (c), 50.44, 50.46, 50.48, 50.54, and 50.80(a) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); §§ 50.10(b) and (c) and 50.54 are issued under sec. 1611, 68 Stat. 949,

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as amended (42 U.S.C. 2201(1)); and $$ 50.55(e), 50.59(b), 50.70, 50.71, 5C. 72, and 50.78 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

2. A new paragraph (x) is added to $50.2 to read as follows: $50.2 Definitions.

(x) "Protected area" means an area encompassed by physical barriers and to which access is controlled.

3. A new paragraph (z) is added to $50.54 to read as follows: $50.54 Conditions of licenses.

(z) Each licensee with an operating license issued under $50.22 shall establish, document, and implement adequate written procedures designed to ensure that, while on duty, its and its contractors' personnel with unescorted access to protected areas are not (1) under the influence of alcohol, (2) using any drugs that affect their faculties in any way contrary to safety, or (3) otherwise unfit for duty because of mental or temporary physical impairments that could affect their performance in any way contrary to safety.

Based on data reported to the Nuclear Regulatory Commission (NRC) and either published or to be published in the Safeguards Summary Event List (NUREG-0525), the number of drug-related incidents in which licensee or contractor employe... were arresteŭ or terminated has increased dramatically in the past year. During the last 5 years, the increasing trend is as follows: two in 1977; none in 1978: one in 1979; five in 1983; and twelve in 1981. Thus far in 1982, kegional Preliminary Notifications dealing with at least four new drug-related incidents have been issued. The reported incidents implicate a range of licensee or contractor personnel, including personnel in co..struction, operations and security. The reported incidents are widespread geographically, and involve power reactor sites in each of the five NRC regions.

Reported incidents have involved both onsite use or possession of drugs and personnel reporting to work under the influence of controlled substances. Marijuana was the most frequently reported controlled substance involved in these events; however, incidents involving amphetamines, cocaine, hashish, phencyclidine and methaqualone nave also been reported.

Given the alarming increase in reported drug-related incidents, the wide range of personnel implicated, and the pervasiveness of the reports on a national basis, the Office of Inspection and Enforcement (IE) has established a Drug Abuse Task Force to address the problem on a generic basis. IE has given top p: iority to the prompt and effective development of a generic approach to the problem of possible drug (including alcohol) abuse by licensee or contractor personnel. As such, IE solicits relevant licensee experience in this undertaking. Teams from the Task Force are presently gathering information in a series of visits to selected licensees to discuss the drug problem and possible generic approaches that would best address the problem.

The Task Force is also collaborating with other members of the NRC staff to explore several regulatory approaches to the drug problem. The information obtained from the series of utility visit: will be factored into the results of the inter-office efforts.

This information notice is provided as an early notification of a potentially significant matter. it is expected that recipients will review the information for applicability to their facilities. No specific action or response is required at this time. If you have any questions regarding this matter, please contact the Regional Administrator of the appropriate NRC Regional Office.