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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
Do not submit to https
www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information hereinafter referred to as Confidential Business Information CBI. Comments submitted through https
www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section below.
DOE processes submissions made through https www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that https
www.regulations.gov provides after you have successfully uploaded your comment.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF preferred, Microsoft Word or Excel, or text ASCII file format.
Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters names compiled into one or more PDFs. This reduces comment processing and posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted.
Submit these documents via email to moriah.ferullo@hq.doe.gov. DOE will make its own determination about the confidential status of the information and treat it according to its determination.
It is DOEs policy that all comments may be included in the public docket without change and as received,
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including any personal information provided in the comments except information deemed to be exempt from public disclosure.
DOE considers public participation to be a very important part of the process for developing its regulations. DOE
actively encourages the participation and interaction of the public during the comment period in each stage of this process. Interactions with and between members of the public provide a balanced discussion of the issues and assist DOE in the rulemaking process.
VI. Approval by the Office of the Secretary of Energy The Secretary of Energy has approved publication of this notice of proposed rulemaking.
List of Subjects in 10 CFR Part 707
Classified information, Drug testing, Employee assistance programs, Energy, Government contracts, Health and safety, National security, Reasonable suspicion, Special nuclear material, Substance abuse.
Signing Authority This document of the Department of Energy was signed on July 20, 2021, by Jennifer Granholm, Secretary of Energy.
That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC, on September 1, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

For the reasons set out in the preamble, DOE proposes to amend part 707 of Chapter III of Title 10 of the Code of Federal Regulations as set forth below:
PART 707WORKPLACE
SUBSTANCE ABUSE PROGRAMS AT
DOE SITES
1. The authority citation for part 707
is revised to read as follows:

Authority: 41 U.S.C. 8102 et seq.; 42 U.S.C.
2012, 2013, 2051, 2061, 2165, 2201b, 2201i, and 2201p; 42 U.S.C. 5814 and 5815; 42
U.S.C. 7151, 7251, 7254, and 7256; 50 U.S.C.
2401 et seq.

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2. Section 707.7 is amended by:
a. Revising paragraph a2;
b. Revising paragraphs b2iii through v; and c. Adding paragraph b2vi.
The revisions and addition read as follows:

707.7 Random drug testing requirements and identification of testing designated positions.

a
2 Programs developed under this part for positions identified in paragraphs b2 and b3 of this section shall provide for random tests at a rate equal to 30 percent of the total number of employees in testing designated positions for each 12 month period. Employees in the positions identified in paragraphs b1 and c of this section will be subject to random testing at a rate equal to 100 percent of the total number of employees identified, and those identified in paragraphs b1 and c of this section may be subject to additional drug tests.
b
2
iii Protective force personnel, exclusive of those covered in paragraph b1 and c of this section, in positions involving use of firearms where the duties also require potential contact with, or proximity to, the public at large;
iv Personnel directly engaged in construction, maintenance, or operation of nuclear reactors;
v Personnel directly engaged in production, use, storage, transportation, or disposal of hazardous materials sufficient to cause significant harm to the environment or public health and safety; or vi All other personnel in positions that require an access authorization security clearance, other than those identified in paragraphs b1 and c of this section.

3. Section 707.14 is amended by revising paragraph e to read as follows:
707.14 Action pursuant to a determination of illegal drug use.

e If a DOE access authorization is involved, DOE must be notified of a contractors intent to return to a testing designated position an employee removed from such duty for use of illegal drugs. Positions identified in 707.7b1 of this part will require DOE approval prior to return to a testing designated position.

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