Federal Register / Vol. 51, No. 149 / Monday, August 4, 1988 / Notices the various elements and decide whether to include them in their rograms. Moreover, the EEI guidelines emselves are quite general in nature. and are subject to varying interpretations. Absent further guidance on what is an acceptable fitness for duty program, the utilities can and probably will adopt widely differing approaches on such elements as chemical testing and offsite drug use. Not all approaches are likely to be acceptable. The Commission should not wait until 18 months from now, when all the utilities are supposed to have their programs in place, to let the industry know whether the Commission agrees with what they have done. The Commission and the industry ought to decide now which elements are absolutely essential to an adequate program, and then everyone will be working from a common base of understanding. The Commission and the industry should also establish the specific criteria against which individual licensee programs will be evaluated so that the ground rules for evaluating programs and for monitoring progress will be in place before the 18 month monitoring period begins. Absent such guidelines, It is difficult to see how INPO and NRC ff reviews of these programs will ovide any meaningful insights as to their adequacy. Thus, to ensure enforceability, to set the ground rules in advance and to ensure that all utilities meet at least a minimum set of standards, I believe the Commission should issued a rule and should establish guidance, in cooperation with the industry, on just exactly what are the essential elements of a fitness for duty program. The additional views of the Commission follow: The Commission does not share Commissioner Asselstine's great cern about the legally non-binding ter of the policy statement per se. mmission's hands are not tied if nadequate compliance with straight-forward and explicit policy guidelines The Atomic Energy Act confers broad authority for the Commission to take prompt enforcement action should any licensee facility. in the Commission's judgment, not be operated in a manner that protects the public health and safety. A policy statement. at this juncture, offers the quickest means to achieve the end we ll desire. ited at Washington, DC, this 30th day of 1940 For the Nuclear Regulatory Commission. Lando W. Zach, Jr., Chairman. (FR Doc. 88-17497 Filed 8-1-86: 8:45 am) BLO COOL 0001 SMALL BUSINESS ADMINISTRATION Agency Information Collection ACTION: Notice of reporting SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission. DATE: Comments should be submitted within 21 days of this publication in the Federal Register. If you intend to comment but cannot prepare comments promptly, please advise the OMB Reviewer and the Agency Clearance Officer before the deadline. Copies: Copies of forms, request for clearance (S.F. 83s), supporting statements, instructions, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. Submit comments to the Agency Clearance Officer and the OMB Reviewer. FOR FURTHER INFORMATION CONTACT: Vizachero, Small Business OMB Reviewer: Patricia Aronsson Frequency: On occasion applicants for SES positions to assist Annual Responses: 400 Title: Secondary Participation Guaranty and Certification Agreement and Request for Certification Form nos. SBA 1085, 1080 Frequency: On occasion 27923 Description of Respondents: These forms describe the rights and responsibilities of the SBA, a lender. and the investor when the guaranteed portion of a loan is sold. Annual Responses: 3.200 Annual Burden Hours: 12,000 Type of Request Extension Title: Profile of Score/ACE Volunteer with international trade experience Form no. SBA 1202 Frequency: On occasion Description of Respondents: Information is collected by SCORE/ACE chapters when new members join the organization, if they have international trade experience. Annual Responses: 500 Annual Burden Hours: 34 Type of Request: Extension Title: Financial assistance request to Form no. SBA 1309 information requested is necessary for Annual Responses: 100 information is necessary in order to Annual Responses: 5,000 Type of Request: Extension Title: Personal Financial Statement Form no. SBA 413 Frequency: On occasion Description of Respondents: This information is used to assist the Agency in determining the financial strength of an individual for a loan or loan guaranteed by SBA. Annual Responses: 76,500 Title: Inquiry Record Form no. SBA 149 Frequency: On occasion Description of Respondents: This information is required at the time of interview so that the applicant can communicate the loan needs to agency, and to determine the size and 27872 Federal Register / Vol. 51, No. 149 / Monday, August 4, 1986 / Proposed Rules required by the regulations. The major cause of these losses was stress resulting from handling and transportation. Under the current 72hour identification requirement, birds are often not fully recovered from shipment-related stress before undergoing identification-a procedure involving the physical seizure and immobilization of the birds. This document proposes to extend the mandatory time period for accomplishment of individual bird identifications by United States Department of Agriculture and approved privately operated quarantine facilities. from the current 72-hours to 7-days. The Department believes that this additional time would significantly reduce facility overtime costs and bird stress, without reducing the effectiveness of the identification procedure. Executive Order 12291 and Regulatory This action has been reviewed in conformance with Executive Order 12291 and has been determined to be not a "major rule." The Department has determined that this action would not have a significant effect on the economy; would not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and should have no significant adverse effects on competition, employment... investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreginbased enterprises in domestic or export markets. Removal of the footnoted reference would have no impact on the importation of birds into the United States since the referenced importation limitation no longer exists. Extending the individual bird identification period from 72-hours to 7-days would relieve existing restrictions and should result in reduced costs for quarantine facilities ard more healthful conditions for imported birds. Under the circumstances explained above, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to the provisions of Executive Order 12372. which requires intergovernmental consultation with State and local officials. (See 7 CFR Part 3015. Subpart V). List of Subjects in 9 CFR Part 92 Animal diseases, Canada, Imports. Livestock and Livestock Products, Mexico. Poultry and Poultry Products, Quarantine, Transportation. Wildlife. PART 92-IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN ANIMAL AND POULTRY PRODUCTS: INSPECTION AND OTHER REQUIREMENTS FOR CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON Accordingly, it is proposed to amend 9 CFR Part 92 as follows: 1. The authority citation for Part 92 would continue to read as follows: Authority: 7 U.S.C. 1622; 19 U.S.C. 1306, 21 U.S.C. 102-105, 111, 134a, 134b, 134c, 134d. 134f, and 135; 7 CFR 2.17, 2.51, and 371.2(d). § 92.2 (Amended] 2. In § 92.2. footnote number 2a of paragraphs (c)(1). (c)(2)(i), and (c)(3) and the references thereto would be removed. § 92.11 [Amended] 3. Paragraph (e) of § 92.11 would be amended by changing "72 hours" to read "7 days". 4. Paragraph (1)(3)(ii)(E) of § 92.11 would be amended by changing "72 hours" to read "7 days". Done at Washington, DC., this 29th day of July 1986. J.K. Atwell. Deputy Administrator, Veterinary Services. Animal and Plant Health Inspection Service. (FR Doc. 86-17442 Filed 8-1-86; 8:45 am) BILLING CODE 3410-34-N NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 Personnel With Unescorted Access to Protected Areas: Fitness for Duty AGENCY: Nuclear Regulatory Commission. ACTION: Proposed rule: withdrawal. SUMMARY: The Commission is withdrawing a proposed rule published in the Federal Register on August 5, 1982. In this rule, the Commission proposed amending its regulations to require that certain licensees establish. document, and implement adequate written procedures designed to ensure that while on duty personnel with unescorted access to protected areas in commercial nuclear power plants are not under the influence of alcohol or other drugs or otherwise unfit for duty. The Commission proposed this rule because of a concern that certain persons could become unfit for duty due to the effects of substances such as alcohol or other drugs and, thereby. adversely impact the health and safety of the public. Instead of this rule, the Commission is issuing a Policy Statement concurrent with this action to withdraw the proposed rule. The Commission has decided to defer rulemaking on fitness for duty of nuclear power plant personnel for a minimum of 18 months from the effective date of the Policy Statement. The Commission's decision is intended to recognize and further encourage the initiatives concerning fitness for duty being taken by the nuclear power industry, the Nuclear Utility Management and Human Resources Committee.(NUMARC), and by the Institute of Nuclear Power Operations (INPO). The Commission will exercise this deference as long as the industry programs produce the desired results. The Commission will reassess the possible need for further action based on the success of those programs during the 18-month period. DATE: This withdrawal is effective August 4, 1986. FOR FURTHER INFORMATION CONTACT: Loren Bush, Office of Inspection and SUPPLEMENTARY INFORMATION: Background The Nuclear Regulatory Commission recognizes drug and alcohol abuse to be a social, medical, and safety problem affecting every segment of our society. Given the pervasiveness of the problem in our society, it seems reasonable to assume that drug and alcohol abuse, as well as other emotional and psychological factors, also exist in the nuclear industry. Prudence, therefore. requires that the Commission take appropriate precautionary measures to reduce the probability that a person. who is under the influence of alcohol, other drugs, or who is otherwise unfit for some task involving a nuclear power unit, may cause an accident or react inadequately to an accident. The job performance of alcohol and drug abusers can be expected to be hindered by the presence of chemicals in their blood stream. For example, the National Institute on Alcohol Abuse and Alcoholism (NIAAA), in its 1981 Report to Congress, reports that 46 percent of all nonfatal and 40 percent of all fatal Federal Register / Vol. 51, No. 149 / Monday, August 4, 1986 / Proposed Rules U.S. industrial accidents involve alcohol, at an annual cost of $12 to $15 The Tennessee Valley Authority's Proposed Rule On August 5, 1982, NRC published in the Federal Register (47 FR 33980) its proposed "Fitness for Duty" Rule. amending 10 CFR 50.54. The proposed rule was a broad, non-prescriptive rule that would have required licensees to establish. document, and implement adequate written procedures to ensure that while on duty their personnel and their contractors' personnel with unescorted access to protected areas. while in those protected areas, are not under the influence of aicohol, other drugs, or otherwise unfit for duty. Various questions were posed in the proposed rule to which the Commission wanted responses in order to decide on its next course of action. Comments A total of 73 responses containing 310 comments were received, all of which were evaluated in the decision to proceed with the Policy Statement and are reflected in it. The following highlights the major issues raised in the comments (a more complete discussion Approximately two-thirds of the Several respondents commented that Comments about implementation Six specific recommendations for On July 5, 1984 the Commission development of detailed program 27873 an alternative to the NRC promulgating the rule. Industry representatives stated they believed that any rulemaking or other form of mandatory requirements would undermine the voluntary efforts of the industry toward self improvement in this area. NUMARC suggested the NRC issue a Policy Statement or generic letter on fitness for duty, which would not establish additional NRC requirements. Response to Comments The Commission met on October 12, ⚫ comments and industry initiatives was After careful consideration of the In the Policy Statement the Commission recognizes that the industry, through the initiatives of the Edison Electric Institute (EEI). NUMARC, and INPO, has made progress in developing and implementing nuclear utility employee fitness for duty programs. While some of these efforts have only recently been initiated, the Commission realizes the importance of industry's initiative and wishes to further encourage such selfimprovement. Subject to the continued 27874 Federal Register / Vol. 51. No. 149 / Monday, August 4, 1986 / Proposed Rules success of industry's programs and NRC's ability to monitor their effectiveness, the Commission will refrain from new rulemaking on fitness for duty of nuclear power plant personnel for a minimum of 18 months from the effective date of the Policy Statement. While the Commision is deferring rulemaking in this area in recognition of the industry's efforts to date, and the intent of the industry to utilize the "EEI Guide to Effective Drug and Alcohol/Fitness for Duty Policy Development", it will exercise this deference only as long as the industry's programs produce the desired results. NRC continues to have the responsibility for independently evaluating applicants' and licensees' efforts in the fitness for duty area to ensure that the desired results are schieved and for evaluating the possible need for further NRC action based on the success of the industry's programs during this 18-month period. Withdrawal of the proposed fitness for duty rule. therefore, does not preclude the Commission from initiating similar rulemaking actions in the future or from taking any other course of action deemed necessary with regard to fitness for duty. The NRC will evaluate the effectiveness of utility fitness for duty programs by its normal review of industry activities, through reviews of INPO program status and evaluation reports, periodic NRC observation of the conduct of INPO evaluations, and direct inspections conducted by NRC's Performance Appraisal Team. Regional Offices, and Resident Inspectors. NRC will also monitor the progress of individual license fitness for duty programs. The Commission hereby withdraws the notice of proposed rulemaking published on August 5, 1982 (47 FR 33360). Dated at Washington, DC. this 28th day of July, 1986. For the Nuclear Regulatory Commision. Secretary of the Commission. [FR Duc. 86-17498 Filed 8-1-88; 8:45 am) BILLING CODE 7580-01-M 'A cups of the EEl's current guidelines is available for inspection or copying for a fee in the Commission's Public Document Room. 1717 H street. NW.. Washington DC. Copies of the EFI guidelines may also be obtained for a fee from the Ordening and Billing Department. Edison Electric Institute, 1111-19th Street. NW, Washington, DC 20036 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Docket No. 86-NM-156-AD] Airworthiness Directives; Boeing Model 747 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Proposed Rulemaking (NPRM). SUMMARY: This notice proposes to amend an existing airworthiness directive (AD) that requires inspection of trailing edge flap tracks for cracking on certain Boeing Model 747 airplanes. This amendment would incorporate a decrease in the inspection intervals from 1.000 landings to 300 landings for the fourth fastener from the forward end of the flap track. This action is prompted by eight recent reports of cracking adjacent to the fourth fastener hole prior to the current 1.000 landing inspection interval. This recent service experience has shown that the present 1,000 landing inspection interval is inadequate. Cracking could lead to failure of the flap track, and separation of the flap which would result in partial loss of controllability of the airplane. DATE: Comments must be received on or before September 25, 1906. ADDRESSES: Send comments on the proposal in duplicate to the Federal Aviation Administration, Northwest Mountain Region, Office of the Regional Counsel (Attn: ANM-103). Attention: Airworthiness Rules Docket No. 86-NM156-AD, 17900 Pacific Highway South, C-68966, Seattle, Washington 98168. The service bulletin specified in this AD may be obtained from the Boeing Commercial Airplane Company, P.O. FOR FURTHER INFORMATION CONTACT: 98168. SUPPLEMENTARY INFORMATION: Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the regulatory docket number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments specified above will be considered by the Administrator before taking action on the proposed rule. The proposals in this notice may be changed in light of the comments received. All comments submitted wil be available, both before and after the closing date for comments. in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. Availability of NPRM Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the FAA, Northwest Mountain Region, Office of the Regional Counsel (Attn: ANM-103). Attention: Airworthiness Rules Docket No. 86-NM-156-AD, 17900 Pacific Highway South, C-88968, Seattle. Amendment 39-4917 (49 FR 36819; September 20, 1984), as amended by Amendment 39-5314 (51 FR 18308; May 19, 1986). AD 84-19-02, requires repetitive inspection of trailing edge flap tracks for cracking at intervals not to exceed 1.000 landings. The track web cracks are attributed to fatigue, stress corrosion pitting, and possible work hardening at the fail-safe bar fastener holes. Extensive cracking could result in separation of the flap. This failure could lead to partial loss of controllability of the airplane. Since the issuance of AD 84-19-02, eight operators have reported 8 additional track web hole cracks adjacent to the fourth fail-safe bar fastener hole. The flap track is fabricated from high strength steel and testing has shown that the rate of crack growth is very fast once a crack is established. The recent finding of a number of cracks is an indication that the present 1,000 landing inspection interval is too long. The FAA has reviewed and approved Boeing Service Bulletin 747-57A2229. Revision 2, dated June 6, 1986, which reduces the inspection interval from 1.000 landings to 300 landings and clarifies the specific inspection procedures to be used to check for cracks in the trailing edge flap tracks on certain Model 747 series airplanes. Mr. GEJDENSON. We are going to continue with Mr. Kelly and then come back to question you after a short break, but let me ask you just one question. In this country, if I drive down the road in my car and I have been drinking or taking drugs, they take my license away. Presently, the way the NRC has this rule established, if I have operators running a nuclear powerplant who are on drugs or intoxicated, what happens? Is there any prescribed action by the NRC? Mr. BUSH. Under the Fitness for Duty Policy Statement, the Commission would expect that the utility report that. Now, there is another part of the rules in part 55 that deal with operator licensing, and one of the conditions there is that they be free of the effects of alcohol and drugs. So, although there is no specific reporting requirement there, there is an expectation in the rule that they would not be under the influence. Mr. GEJDENSON. But had the original requirements established by the staff been put into place, there would be very explicit rules about individuals in operating facilities under the influence; is that correct? Mr. BUSH. Are you talking about the original rule? Mr. GEJDENSON. The original rule, as it was originally promulgated. Mr. BUSH. The original rule also had some problems because it was a very broad requirement. It was not prescriptive. So until we had prepared prescriptive guidance, then, it is somewhat questionable as to what would have been required of the licensee. Mr. GEJDENSON. We will return, go to Mr. Kelly, and then come back for questions. The committee will be in recess for about 7 minutes, which is about how long it takes me and my young friend to walk back and forth. AFTER RECESS Mr. GEJDENSON. Let me call the hearing back to order and apologize for the longest 7 minutes in the history of the world. They started rolling the votes, one upon the other, for us. Mr. Kelly, if you can proceed, we would appreciate it. Mr. KELLY. My name is James Kelly. During the last 7 years, I have been a Senior Security Inspector for the U.S. Nuclear Regulatory Commission in region IV, Dallas, Texas. I am responsible for coordinating the Security Inspection Program for the NRC licensed nuclear activities within the 13-State region of the United States. The purpose of the Security Inspection Program is to protect against security-related incidents that could result in a radiological release, thereby threatening public safety. This involves threats from both insiders and external saboteurs. As the senior security inspector, my duties include traveling to and overseeing security at all the nuclear power reactors within NRC's region IV. I have been in the security and law enforcement profession for 30 years. I have a Masters Degree in Criminology and have taught criminology at the university level. I have held several managerial positions. As assistant director for the International Association of Chiefs of Police, I developed government, corporate, and executive |