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NRC RIN: 3150-AI67 Publication ID: Spring 2011 
Title: Fitness-for-Duty (HHS Requirements) [NRC-2009-0225] 
Abstract: The direct final rule will amend the Commission's regulations to correct technical errors associated with 10 CFR part 26 drug testing requirements and enhance the alignment of these requirements with the guidance issued by the Department of Health and Human Services (HHS). The rule would enhance consistency with technical advances implemented in similar rules issued by the U.S. Departments of Transportation, Energy, and Defense. This rulemaking is significant because the drug testing provisions of 10 CFR part 26 would be more aligned with other Federal agencies and it enables the correction of the technical and administrative errors that would result in improved drug testing and reduced regulatory burden. Although an Enforcement Guidance Memorandum regarding the disposition of violations has been issued and few industry concerns have been identified, the rulemaking will correct this particular technical error as well as others. There is little impact on the public and minimal impact on the industry since the inaccurate provisions are being effectively dispositioned by industry actions. 
Agency: Nuclear Regulatory Commission(NRC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 26   
Legal Authority: 42 USC 2201    42 USC 5841   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Direct Final Rule  12/00/2012    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Paul W. Harris
Nuclear Regulatory Commission
Office of Nuclear Security and Incident Response,
Washington, DC 20555-0001
Phone:301 415-1169
Email: paul.harris@nrc.gov