Part 26 Drug and Alcohol Testing; Technical Issues and Editorial Changes

Docket ID: NRC-2012-0079
Agency: Nuclear Regulatory Commission (NRC)

This rulemaking would align 10 CFR part 26 drug testing requirements with the future guidelines to be issued by the U.S. Department of Health and Human Services (HHS). Currently, HHS is developing updated guidelines that are expected to be issued in 2016.  These guidelines will broaden the urine drug panel to include semi-synthetic opiates (e.g., oxy- and hydro-prescription drugs), and enable the use of oral fluid for drug testing.  These guidelines are also expected to introduce hair testing standards, which staff would expect to address in this rulemaking likely for use in pre-access authorization testing.

This rulemaking also proposes to amend the Commission's regulations to strengthen technical provisions associated with drug testing requirements and enhance other requirements necessary to provide reasonable assurance that persons who have unescorted access to NRC-licensed facilities are fit for duty.  Specifically, this rulemaking will propose to address marijuana legalization/re-scheduling;  synthetic marijuana; cathinones (e.g., street drug "bath salts"); prescription shopping; drug cocktailing; access to state databases for prescription medications; use of a spouse’s prescription; expansion of for-cause testing provisions; synthetic urine and other adulteration/subversion issues; three petitions for rulemaking (i.e., PRM-26-4, PRM-26-7, and PRM-26-8); and other issues identified through inspector and licensee lessons learned. Conforming changes will also be assessed to better align the part 26 requirements with similar requirements in part 55 and part 73.



RIN: 3150-AJ15
Impacts and Effects: None
CFR Citation: 10 CFR 26
Priority: Substantive, Nonsignificant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2015
Agenda Stage of Rulemaking: Long-term Action
Major Rule: No
Legal Authorities: 42 U.S.C. 2201; 42 U.S.C. 5841
Legal Deadlines: None
Government Levels Affected: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: No
Included in Regulatory Plan: No
ActionDateFR Citation
Regulatory Basis12/00/2016
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Keyword(s): Part 26
Type: Rulemaking

Primary Documents

View All  (5)
Comment Period Closed
Proposed Rule
Posted: 06/26/2014
ID: NRC-2012-0079-0004
Comment Period Closed
Posted: 06/07/2012
ID: NRC-2012-0079-0002
Comment Period Closed
Posted: 06/07/2012
ID: NRC-2012-0079-0001

Supporting Documents

View All  (3)
Comments Not Accepted
Posted: 04/15/2013
ID: NRC-2012-0079-0003


No comments posted.

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Long Term Action
Current Stage
Agency Contact
Jessica Kratchman
Office of Nuclear Reactor Regulation
Washington, DC 20555-0001
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.