Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Nuclear Regulatory Commission

          - [NRC-2008-0539] 

# AGENCY:

Nuclear Regulatory Commission. 

# ACTION:

Notice of Issuance and Availability of Regulatory Guide, RG 5.73.

# FOR FURTHER INFORMATION CONTACT:

                        Michael Boggi, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-5309 or e-mail to                         *Michael.Boggi@nrc.gov.*

# SUPPLEMENTARY INFORMATION:

## I. Introduction 

The U.S. Nuclear Regulatory Commission (NRC or Commission) is issuing a new guide in the agency's “Regulatory Guide” series. This series was developed to describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses 

RG 5.73, “Fatigue Management for Nuclear Power Plant Personnel,” was issued with a temporary identification as Draft Regulatory Guide, DG-5026. This guide describes a method that the staff of the NRC considers acceptable for complying with the Commission's regulations for managing personnel fatigue at nuclear power plants. The regulations established by the NRC in Title 10, part 26, “Fitness for Duty Programs,” of the Code of Federal Regulations (10 CFR part 26) establish requirements for ensuring that personnel are fit to safely and competently perform their duties. Subpart I, “Managing Fatigue,” of 10 CFR part 26 establishes requirements for managing personnel fatigue at nuclear power plants. The regulations in subpart I provide a comprehensive and integrated approach to fatigue management, taking into account the multiple causes and effects of worker fatigue. The Commission recognizes that the potential for excessive fatigue is not solely based on extensive work hours but can result from other factors, such as stressful working conditions, sleep disorders, accumulation of sleep debt, and the disruptions of circadian rhythms associated with shift work. The requirements of the rule reflect these considerations to ensure that licensees effectively manage worker fatigue and provide reasonable assurance that workers are able to safely and competently perform their duties. 

## II. Further Information 

                    In September 2008, DG-5026 was published with a public comment period of 45 days from the issuance of the guide. The public comment period closed on October 31, 2008. The staff's responses to the public comments received are included with the guide as Appendix B, “Response to Public Comments.” They are also located in the NRC's Agencywide Documents Access and Management System under Accession Number ML083540269. Electronic copies of RG 5.73 are available through the NRC's public Web site under “Regulatory Guides” at                     *http://www.nrc.gov/​reading-rm/​doc-collections/​.*

                    In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at (301) 415-4737 or (800) 397-4205, by fax at (301) 415-3548, and by e-mail to                     *pdr.resource@nrc.gov.*

Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. 

Dated at Rockville, Maryland, this 10th day of March, 2009.

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief,  Regulatory Guide Development Branch,  Division of Engineering, Office of Nuclear Regulatory Research. 

 [FR Doc. E9-6105 Filed 3-19-09; 8:45 am] 

BILLING CODE 7590-01-P