NOTATION VOTE

RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: COMMISSIONER OSTENDORFF
SUBJECT: SECY-15-0074: DISCONTINUATION OF RULEMAKING

ACTIVITY — TITLE 10 OF THE CODE OF FEDERAL
REGULATIONS PART 26, SUBPART 1, QUALITY
CONTROL & QUALITY VERIFICATION PERSONNEL
IN FITNESS FOR DUTY PROGRAM (RIN 3150-AF12)

Approved X__ Disapproved Abstain Not Participating
COMMENTS: Below_X__ Attached None___

| approve the staff's request to discontinue the rulemaking to impose fatigue management
requirements on quality control and quality verification personnel. As discussed in SECY-15-
0074, the staff has determined that the majority of these personnel are already covered under
existing fatigue management requirements. | applaud the staff bringing this issue to the
Commission's attention to avoid unnecessary resource expenditure. Lastly, | also delegate the
signature authority to the Executive Director for Operations for the Federal Register notice to
withdraw the regulatory basis and preliminary proposed rule language. This action is important
to provide clarity to the public and other NRC stakeholders on the status of NRC rulemakings
and to ensure that the Unified Agenda includes only active rulemakings.

L110
SIGNATURE ”

rleghs

DATE

Entered in STARS” Yes No


NOTATION VOTE

RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: COMMISSIONER SVINICKI
SUBJECT: SECY-15-0074: DISCONTINUATION OF RULEMAKING

ACTIVITY — TITLE 10 OF THE CODE OF FEDERAL
REGULATIONS PART 26, SUBPART 1, QUALITY
CONTROL & QUALITY VERIFICATION PERSONNEL
IN FITNESS FOR DUTY PROGRAM (RIN 3150-AF12)

Approved XX Disapproved Abstain

Not Participating

COMMENTS: Below Attached None XX

SIGNATURE

o7/ & M5
DATE

Entered in STARS” Yes SJ No



NOTATION VOTE

RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: Commissioner Baran
SUBJECT: SECY-15-0074: DISCONTINUATION OF RULEMAKING

ACTIVITY — TITLE 10 OF THE CODE OF FEDERAL
REGULATIONS PART 26, SUBPART 1, QUALITY
CONTROL & QUALITY VERIFICATION PERSONNEL
IN FITNESS FOR DUTY PROGRAM (RIN 3150-AF12)

Approved XX_Disapproved Abstain Not Participating
COMMENTS: Below XX_ Attached None
Comments:

After reading the SECY paper and receiving an additional briefing from the staff, | am
persuaded that the quality control and quality verification (QC/QV) rulemaking is not necessary
at this time. The bulk of QC/QV activities are now performed by individuals who also perform
maintenance activities and are subject to the work hour controls of the fitness for duty program.
Although there are a limited number of QC/QV personnel not currently covered by work hour
controls, those personnel are subject to other aspects of the fitness for duty program, such as
training, drug and alcohol testing, and behavioral observation. Moreover, the work examined by
such QC/QV personnel is performed by maintenance personnel who are themselves subject to
the work hour controls. Therefore, | approve the staff's recommendation to discontinue the
QC/QV proposed rulemaking. | also approve the Commission delegating signature authority to
the Executive Director for Operations for the Federal Register notice withdrawing the regulatory
basis and preliminary proposed rule language.

hfe bom
SIGNATURE

Te hr
DATE

Entered in STARS” Yes rd No


oR REGU UNITED STATES

Ss

NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555-0001

July 14, 2015

SECRETARY

COMMISSION VOTING RECORD

DECISION ITEM: SECY-15-0074

TITLE: DISCONTINUATION OF RULEMAKING ACTIVITY — TITLE
10 OF THE CODE OF FEDERAL REGULATIONS PART 26,
SUBPART I, QUALITY CONTROL AND QUALITY
VERIFICATION PERSONNEL IN FITNESS FOR DUTY
PROGRAM (RIN 3150-AF 12)

The Commission (with all Commissioners agreeing) approved the subject paper as recorded in
the Staff Requirements Memorandum (SRM) of July 14, 2015.

This Record contains a summary of voting on this matter together with the individual vote
sheets, views and comments of the Commission.

“Rocritivt Cowl br

"Annette L. Vietti-Cook
Secretary of the Commission

Enclosures:
1. Voting Summary
2. Commissioner Vote Sheets

ce: Chairman Burns
Commissioner Svinicki
Commissioner Ostendorff
Commissioner Baran
OGC
EDO
PDR


VOTING SUMMARY - SECY-15-0074

RECORDED VOTES

NOT
APRVD DISAPRVD ABSTAIN PARTICIP COMMENTS DATE

CHRM. BURNS X X 7/9/15
COMR. SVINICKI xX 7/9/15
COMR. OSTENDORFF X X 5/29/15
COMR. BARAN X Xx 7/6/15


NOTATION VOTE

RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: Chairman Burns
SUBJECT: SECY-15-0074: Discontinuation of Rulemaking

Activity — Title 10 of the Code of Federal Regulations
Part 26, Subpart 1, Quality Control & Quality
Verification Personnel in Fitness for Duty Program
(RIN 3150-AF12)

Approved X Disapproved Abstain Not Participating

COMMENTS: Below X Attached None

| approve the staff's request to discontinue the rulemaking activity that would require work hour
controls for nuclear power plant personnel who perform independent quality control and quality
verification (QC/QV) activities. The staff has determined that in recent years the number of
such workers has significantly declined, and these functions have increasingly been folded into
maintenance organizations, which are subject to the work hour controls of the fitness for duty
program. As a result, the proposed rulemaking provisions would not result in a substantial
increase in the overall protection of the public health and safety or the common defense and
security. Accordingly the staff should publish a notice of withdrawal of the regulatory basis and
preliminary proposed rule language in the Federal Register to inform the public that the agency
is no longer pursuing this rulemaking activities and the three petitions for rulemaking that were
also to have been considered will be addressed in a separate action. In addition, | delegate the
signature authority to the Executive Director for Operations for the Federal Register notice

withdrawing the rulemaking.
ee

G_ July 2015
DATE

Entered in STARS” Yes xX No