[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Proposed Rules]
[Pages 13206-13228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5280]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 /
Proposed Rules
[[Page 13206]]
DEPARTMENT OF ENERGY
10 CFR Part 1046
[Docket No. DOE-HQ-2012-0002]
RIN 1992-AA40
Protective Force Personnel Medical, Physical Readiness, Training,
and Access Authorization Standards
AGENCY: Department of Energy.
ACTION: Notice of proposed rulemaking and public hearings.
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SUMMARY: The Department of Energy (DOE or Department) proposes to
revise the regulation governing the standards for medical, physical
performance, training, and access authorizations for protective force
(PF) personnel employed by contractors providing security services to
the Department. The existing version of this regulation was promulgated
in 1993 and substantial portions of the regulation date to the mid-
1980s. Since 1993 DOE policy has placed greater reliance upon
technology, vehicular response, and increased firepower and,
correspondingly, has reduced its reliance upon the ability of PF
personnel to perform the running tasks required in the current
regulation. Furthermore, this shift in emphasis has placed a greater
premium upon the retention of mature, tactically experienced, and
technically sophisticated personnel, particularly since these personnel
represent a considerable investment by DOE in security background
investigations and training. The proposed revisions bring DOE PF
medical and physical readiness requirements in line with these tactical
and organizational priorities. The proposed revisions reduce the
exposure of the PF population to injuries related to physical readiness
testing. They would create a PF readiness classification designed
specifically to encourage the retention of experienced personnel. The
revisions would further ensure that PF personnel would be evaluated on
a case-by-case basis on their ability to perform the essential
functions of their positions without posing a direct threat to
themselves or site personnel, the facility, or the general public. The
proposed revisions would further ensure that reasonable accommodations
would be considered before a determination is made that an individual
cannot perform the essential functions of a particular position. The
proposed rule also would provide for new medical review processes for
PF personnel disqualified from medical certification. The proposed rule
would ensure that DOE PF medical and physical readiness requirements
would be compliant with the Americans with Disabilities Act (ADA) of
1990, as amended by the Americans with Disabilities Amendment Act of
2009 (ADAAA), the Privacy Act and DOE implementing regulations, and
changes in DOE policy regarding PF operations made since the
publication of the last version of this rule. In addition, the proposed
rule would promote operational efficiency through greater emphasis on
aligning training with mission-essential tasks and the increased use of
simulation technologies. Finally, the proposed revision would update
the regulation to reflect organizational changes in the Office of
Health, Safety and Security and the creation of the National Nuclear
Security Administration (NNSA).
DATES: Written comments must be received by DOE on or before April 5,
2012. Oral views, data, and arguments may be presented at the public
hearings, which are scheduled as follows:
March 15, 2012, in Germantown, MD, from 1:30 to 4:30 p.m.
March 21, 2012, in Albuquerque, New Mexico, from 1:30 to
4:30 p.m.
ADDRESSES: The public hearings will be held at the following addresses:
Germantown, MD: DOE Germantown Auditorium, 19901
Germantown Road, 20874 Albuquerque, NM: Technology Ventures
Corporation--McCorkle Room, 1155 University Blvd., SE
Written comments should be addressed to: Mr. Glenn S. Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and
Security, HS-1/Forrestal Building, Department of Energy, Docket No.
DOE-HQ-2012-0002, 1000 Independence Avenue SW., Washington, DC 20585 or
via email at 1992-AA40@hq.doe.gov. Questions concerning submitting
written comments should be addressed to: Mr. John Cronin, Office of
Security Policy, Office of Health, Safety and Security, Department of
Energy, HS-51/Germantown Building, 1000 Independence Avenue SW.,
Washington, DC 20585-1290, (301) 903-6209 or via email at 1992-AA40@hq.doe.gov. You may submit comments, identified by [DOE-HQ-2012-
0002 and/or 1992-AA40], by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: 1992-AA40@hq.doe.gov. Include [DOE-HQ-2012-0002
and/or 1992-AA40] in the subject line of the message.
Mail: [Mailing Address for paper, disk, or CD-ROM
submissions: Department of Energy, Office of Security Policy, (HS-51,
Attn: John Cronin), 1000 Independence Ave. SW., Washington, DC 20585-
1290].
Hand Delivery/Courier: [Street Address: Department of
Energy, Office of Security Policy, (HS-51, Attn: John Cronin), 1000
Independence Ave. SW., Washington, DC 20585-1290].
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
[http://www.regulations.gov], including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to [http://www.regulations.gov or contact John
Cronin at (301) 903-6209 prior to visiting Department of Energy, Office
of Security Policy, (HS-51), 19901 Germantown Rd., Germantown, MD
20874].
FOR FURTHER INFORMATION CONTACT: Mr. John Cronin, Office of Security
Policy at (301) 903-6209; John.Cronin@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section by Section Analysis
III. Regulatory Review and Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under Paperwork Reduction Act
D. Review Under the National Environmental Policy Act
[[Page 13207]]
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under Executive Order 13211
I. Review Under the Treasury and General Government
Appropriations Act of 1999
IV. Opportunity for Public Comment
I. Background
Pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)
and DOE Organization Act of 1977 (42 U.S.C. 7101 et seq.), DOE owns and
leases defense nuclear and other facilities in various locations in the
United States. These facilities are operated by contractors (including
subcontractors at all tiers) with DOE oversight or are operated by DOE.
Protection of the DOE facilities is provided by armed and unarmed PF
personnel employed by Federal Government contractors. These PF
personnel are required to perform both routine and emergency duties,
which include patrolling DOE sites, manning security posts, protecting
government and contractor employees, property, and sensitive and
classified information, training for potential crisis or emergency
situations, and responding to security incidents. PF personnel are
required to meet various job-related minimum medical and physical
readiness qualification standards designed to ensure they are capable
of performing all essential functions of normal and emergency PF duties
without posing a direct threat to themselves or others.
DOE has developed the proposed modifications to 10 CFR part 1046 to
update training and qualification criteria, clarify remediation
requirements, ensure compliance with the Privacy Act (5 U.S.C. 552a)
and DOE regulations implementing the Privacy Act (10 CFR part 1008),
and ensure that medical and readiness qualifications for DOE PF
personnel established in these regulations are in compliance with the
ADA as amended by the ADAAA. The ADA, as amended by the ADAAA, and its
implementing regulations provide that an individual with a disability
is qualified for a position if he or she satisfies the skill,
experience, education and other job-related requirements of the
position and can perform the ``essential functions'' of the position
with or without reasonable accommodation. An employer must make
``reasonable accommodation'' to the known physical or mental
limitations of a qualified individual with a disability, unless the
employer can demonstrate that a particular accommodation would impose
``undue hardship'' on the operation of its business. Further, an
employer may require, as a qualification standard, that an individual
not pose a ``direct threat'' to that individual or others. This rule
proposes the minimum medical and physical readiness performance
standards for PF personnel, and the criteria required to develop,
record, and communicate a medical opinion of each individual's ability
to perform, with or without accommodation, all essential functions of
normal and emergency PF duties without posing a direct threat to that
individual or to others.
The proposed modifications to 10 CFR part 1046 are described in the
Section by Section Analysis in section II below.
II. Section by Section Analysis
The heading for this part would be revised to Protective Force
Personnel Medical, Physical Readiness, Training and Access
Authorization Standards. The revision is intended to more accurately
reflect the contents of the regulation.
Subpart A--General
1. Proposed changes for Sec. 1046.1, Purpose, would revise the
language of this section for clarity, but would not change it
substantively.
2. Proposed changes for Sec. 1046.2, Scope, would revise for
clarity, but would not change it substantively except to provide the
process for Department-approved exemptions from the requirements of
these regulations. Language has been added to indicate that part 1046
would encourage the use of a single physician to fill multiple roles as
required by this part and title. In addition, the requirements of part
1046 could be fulfilled in the course of compliance with other DOE
regulations. This is intended to facilitate efficiency, avoid
duplicative examinations and testing, and the appropriate sharing of
medical information related to PF personnel.
3. Proposed changes for Sec. 1046.3, Definitions, would add the
following.
The terms ``direct threat'' and ``essential functions of the job''
would be defined consistent with the definitions of these terms in the
ADAAA.
The terms ``defensive combative standard'' and ``offensive
combative standard'' would be replaced with ``basic readiness
standard'' (BRS) and ``advanced readiness standard'' (ARS) personnel to
better identify the requirements of these standards. Additionally, a
new physical readiness standard which identifies requirements for
personnel staffing stationary posts, the ``fixed post readiness
standard'' (FPRS) has been added.
The terms ``guard'' and ``security inspector'' would be replaced
with ``security officer'' (SO) and ``security police officer'' (SPO) to
conform to current usage for the names of these positions. The term
``PF personnel'' would also be added to encompass SOs, SPOs and special
response team (SRT)-qualified personnel.
The term ``Designated Physician'' and its definition would be
updated.
The term ``field organization'' would be replaced with ``field
element'' to conform to current usage.
The term ``applicants'' as pertains to PF personnel would be added
as a result of the use of this term in proposed section 1046.11.
The term ``corrective devices'' as pertains to reasonable
accommodation would be added as a result of the use of this term in
proposed section 1046.13.
The term ``emergency conditions'' as an aspect of PF personnel
performance requirements would be added due to the use of this term in
proposed section 1046.17.
The terms ``medical certification'' and ``medical certification
disqualification'' would be added as a result of the use of these terms
in proposed sections 1046.13, 1046.14, and 1046.15.
The term ``medical examination'' is added and its related
requirements would be described in section 1046.13.
The terms ``Chief Medical Officer,'' ``Site Occupational Medical
Director'' (SOMD), and ``Physical Protection Medical Director'' (PPMD)
would be added to section 1046.3 and related requirements would be
described in the new proposed section 1046.4.
The term ``semi-structured interviews'' associated with examining
PF personnel would be added to section 1046.3 and related provisions
provided in section 1046.13.
The terms ``Independent Review'' and ``Final Review'' would be
added to section 1046.3 and the process associated with medical
certification would also be added to section 1046.15 in this proposed
update of the regulations.
The term ``medical condition'' is outdated and would therefore no
longer be used in the regulations.
4. Proposed changes for Sec. 1046.4 to include addressing the
PPMD.
DOE proposes to delete the existing section 1046.4, Use of Number
and Gender, as unnecessary. Standard rules of construction acknowledge
that words in the singular also include the plural and words in the
masculine also include the feminine, and vice versa, as the use may
require. The new section 1046.4 proposes the required qualifications of
[[Page 13208]]
the PPMD and the responsibilities of the PPMD to oversee site physical
protection medical activities and to nominate and evaluate the
performance of the Designated Physician. The required qualifications
for Designated Physicians to be nominated are also proposed in this
section. This section would also enhance DOE oversight of the PPMD and
Designated Physicians DOE facilities.
5. Proposed changes for Sec. 1046.5 Designated Physician.
This new section proposes the roles and responsibilities for the
position of Designated Physician. Among other duties, the Designated
Physician would be responsible for the medical examination of SOs and
SPOs and would determine whether portions of each certification
examination could be performed by other qualified personnel.
Subpart B--PF Personnel
1. Proposed changes for Sec. 1046.11 Essential functions of PF
personnel
This new section proposes the essential functions for SOs, SPOs and
SRT-qualified PF personnel. Specific requirements for FPRS, BRS, and
ARS SPO personnel are proposed.
2. Proposed changes for Sec. 1046.12 Medical, physical readiness,
and training requirements for PF personnel.
This section proposes to establish the medical certification
requirements for PF personnel to support their meeting the physical
readiness qualification requirements proposed in section 1046.16; to
have the required knowledge, skills and abilities; and to meet the
requirements of a physical training program as proposed in section
1046.17.
3. Proposed changes for Sec. 1046.13 Medical certification
standards and procedures.
This section proposes to update language in the existing Appendix A
to Subpart B and require all applicant and incumbent PF personnel to
satisfy the applicable medical certification standards; proposes the
medical standards for SOs and SPOs; and proposes that Field Elements
may develop more stringent medical qualification requirements or
additional medical or physical tests, in collaboration with the PPMD,
where special assignment duties may require such additional testing.
The required frequency of medical certification would remain
unchanged. Incumbent SOs would be reexamined by the Designated
Physician every two years (24 months) after beginning work. Incumbent
SPOs would be reexamined by the Designated Physician every 12 months.
The recertification requirement for both SOs and SPOs would be
clarified to require recertification within thirty days of the 24-month
or 12-month anniversary of the previous qualification. In addition,
this section proposes that the medical examination include a review by
the Designated Physician of essential functions of the position, as
provided by PF management and a requirement that a semi-structured
interview with a psychologist who meets standards established by DOE be
conducted for SOs and SPOs, as part of the initial medical evaluation
and periodically thereafter. The proposed changes in this section also
will allow the Designated Physician to require any other medical
examination, test, consultation or evaluation he/she deems necessary.
There are several changes proposed by DOE for compliance purposes
with the ADA, as amended by the ADAAA, which does not permit blanket
medical disqualification standards based on the presence of a
particular medical condition. Individuals must be evaluated on a case-
by-case basis to determine their ability to perform the essential
functions of the job without posing a direct threat to themselves or
others. Moreover, the ADAAA requires employers to make ``reasonable
accommodations'' for individuals with disabilities unless it creates an
undue hardship for the employer. Language has been added to paragraph
(a) referring to ``essential functions'' as set forth in section
1046.11 and ``direct threat.'' The section would also require,
consistent with ADAAA, that each member of the PF be medically
certified as able to perform the essential functions of that
individual's job. Finally, as a result of the proposed 1046.13, the
reference to waivers of medical qualification standards would be
deleted from the existing section 1046.11, because each individual will
be evaluated on a case-by-case basis to determine the individual's
ability to perform the essential functions of the individual's specific
position. This section also adds a requirement for a health status exit
review for all employees leaving PF service.
This section also amends the language regarding the use of
corrective devices and reasonable accommodations that must be made to
modify emergency and protective equipment to be compatible with these
devices. Paragraph (g)(3) proposes that a determination regarding the
compatibility of such devices with emergency and protective equipment
be made by a designated supervisor in conjunction with the Designated
Physician. Paragraph (g)(4) proposes to require that management
personnel take reasonable steps to accommodate protective equipment for
individuals with corrective devices.
The ability of PF personnel to engage in physical training and
testing without undue risk, and to safely and efficiently perform
essential job functions, with or without reasonable accommodation,
without posing a direct threat to their own or others' safety, depends
on the ability of those individuals to meet physical and medical
standards (medical certification). Failure to comply with these medical
standards will result in denial of medical certification for
employment.
Sec. 1046.14 Medical certification disqualification.
This new section proposes the process for medical certification
disqualification. Such disqualification is the determination by the
PPMD that an individual, with or without reasonable accommodation, is
unable to perform the essential functions of an SO or SPO job position,
including the required physical fitness training and physical readiness
qualifications (for SPOs), without creating a direct threat to that
individual or others.
A new provision has been added that would require responsible
employers to offer an SPO medical removal if the Designated Physician
determines in a written medical opinion that it is medically
appropriate to remove the SPO from PF duties as a result of injuries
sustained while engaging in required physical fitness or training
activities (e.g., preparing for or participating in a physical
readiness standard qualification attempt). The provision would require
that the Designated Physician's determination, approved by the PPMD, be
based on an examining physician's recommendation or any other signs or
symptoms that the PPMD deems medically sufficient to remove an SPO.
Sec. 1046.15 Review of medical certification
disqualification.
This new section would permit an individual denied medical
certification for employment in a particular position to request in
writing that an Independent Review of his/her case be conducted. If the
Independent Review of an individual's case results in an unfavorable
decision from the Office of Health, Safety and Security, the individual
would be able to petition the DOE Office of Hearings and Appeals for a
Final Review. Procedures for the proposed review process are described
in detail in this section.
Sec. 1046.16 SPO physical readiness qualification program
requirements.
This section proposes the program requirements (FPRS, BRS, and ARS)
for
[[Page 13209]]
individual SPO fitness assessments, physical readiness maintenance,
remedial physical fitness training, and safety. The FPRS level is
proposed to be added, which would be required to be physically
demonstrated every year but would not require a running standard. These
changes would result in an overall 90 percent reduction in exposure to
potential injuries associated with physical readiness qualification
running tests for the population of BRS and ARS SPOs. While the
previous physical readiness running standards would be retained for the
BRS and ARS levels, the number of officers annually asked to
demonstrate that readiness would be reduced. Greater reliance would be
placed on medical evaluation to determine physical readiness of BRS and
ARS SPOs. In addition to the medical evaluation process, which is
analogous to that used as the physical readiness evaluation by law
enforcement agencies, the DOE evaluation program would be validated by
testing of randomly selected BRS and ARS SPOs.
Sec. 1046.17 Training standards and procedures.
DOE proposes to modify the language of this section from the
existing section 1046.15, incorporating standards currently set forth
in Appendix B to Subpart B, and DOE Order 473.3, Protection Program
Operations, https://www.directives.doe.gov/directives/current-directives/473.3-BOrder/view. Specific training requirements and
knowledge, skills, and abilities would be replaced with the requirement
that PF personnel and their supervisors possess the knowledge, skills
and abilities necessary to protect DOE security interests. The
knowledge, skills and abilities that would be required would be
developed based on the applicable Job Analysis (JA) or Mission
Essential Task List (METL). This proposal would ensure that training
requirements comport readily to existing conditions and essential job
functions as dictated by the site-specific JA or METL.
Firearms qualification requirements would be modified regarding how
SPOs are required to qualify with the individually-issued and primary
weapons required by their duty assignment (i.e., specialty weapon, long
gun and/or handgun). These requirements would also require that to
operate post-assigned site-specific specialized or crew-served weapons,
the SPO must be trained and demonstrate proficiency in the safe use of
such weapons in a tactical environment.
DOE also proposes to clarify the procedure for developing site-
specific and/or specialized courses of fire.
Sec. 1046.18 Access authorization.
The language of this section would be modified from the existing
1046.14 rule for clarity and to eliminate the requirement for all armed
PF members to have a minimum ``L'' access authorization. The revised
provision would instead require that, at a minimum, a favorably
adjudicated background investigation including national agency check
with local agency and credit check (NACLC) be conducted to ensure the
individual's suitability for arming. A ``Q'' access authorization would
continue to be required under certain circumstances.
Sec. 1046.19 Medical/fitness for duty status reporting
requirements.
This new section proposes to restate the reporting requirements for
PF personnel but has not changed substantially from the requirements in
Appendix A of the existing rule. The section would clarify the
requirement that PF personnel advise their supervisors when they have
an unspecified change in their health status that might impair their
ability to perform job duties. PF personnel would also be required to
provide a detailed report identifying the change to the Designated
Physician. This section would also require PF personnel to advise their
supervisors when a corrective device is not functioning properly.
In addition, this section would restate the requirement that
management report to the Designated Physician any physical, behavioral,
or health changes or deterioration in work performance in PF personnel
under their jurisdiction. The section contains new language requiring
the Designated Physician to be informed of all anticipated job
transfers involving either upward or downward recategorization (e.g.,
from SO to armed status, from armed status to SO, or from PF to other
assignments).
Sec. 1046.20 Medical record maintenance requirements.
This section proposes to clarify record retention and
confidentiality requirements contained in Appendix A, section C, of the
existing version of the rule. This rule would substitute language on
the inability to perform the essential functions of the job for the
term ``disqualifying defects.'' Language has been added to make it
clear that access to medical information developed pursuant to the
requirements of this part can be appropriately shared to satisfy the
requirements of other parts of this or other titles. Thus duplicative
testing or examinations can be avoided. Additionally, a more explicit
discussion of medical records confidentiality has been added for
consistency with the requirements of the Privacy Act and DOE's
implementing regulations.
Sec. 1046.21 Materials incorporated by reference.
This section lists the industry standards proposed to be
incorporated by reference in DOE's PF regulations.
Appendix A to Subpart B of Part 1046--Medical and Physical
Fitness Qualifications Standards and Appendix B to Subpart B of Part
1046--Training Qualification for Security Skills and Knowledge.
These Appendices have been removed and necessary elements have been
incorporated into the rule for clarity and completeness, as described
in the preceding discussion.
III. Rulemaking Requirements
A. Review Under Executive Order 12866
This action does not constitute a ``significant regulatory action''
as defined in section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review'' (58 FR 51735).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a regulatory flexibility analysis for any rule that by
law must be proposed for public comment, unless the agency certifies
that the rule, if promulgated, will not have a significant economic
impact on a substantial number of small entities. As required by
Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking'' (67 FR 53461, Aug. 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. DOE has made its procedures
and policies available on the Office of the General Counsel's Web site
(www.gc.doe.gov).
DOE has reviewed today's proposed rule under the Regulatory
Flexibility Act and certifies that, if adopted, the rule would not have
a significant impact on a substantial number of small entities. This
proposed action would amend an existing rule which establishes medical
and physical training requirements and standards for DOE PF personnel.
The rule would affect approximately twenty private firms (e.g.,
integrated Management and Operating contractors, security services
contractors and subcontractors) at the Department's facilities around
the United States. Some of those firms
[[Page 13210]]
which provide protective services are classified under NAICS Code
561612, Security Guards and Patrol Services. To be classified as a
small business, they must have average annual receipts of $18.5 million
or less. Some of the private firms affected by these standards and
requirements would be classified as small businesses.
The proposed rule would update the medical certification and
physical readiness requirements for PF personnel and require PF
contractors to make reasonable accommodations to modify emergency and
protective equipment for qualified individuals. The rule would also set
forth the essential functions that PF personnel would be required to
meet, with or without such reasonable accommodation. Medical
certification and physical readiness requirements are currently set
forth in Appendix A to subpart B of 10 CFR part 1046, and the proposed
updates, which are applicable to individual PF personnel rather than
their employer, are not expected to impose a significant cost impact.
While these essential functions for PF personnel have not previously
been specified by regulation, DOE has determined that PF personnel must
already be able to perform these functions to adequately perform their
job responsibilities. In addition, while the reasonable accommodation
provisions are not currently specified by the current regulation, such
accommodations are already required by the ADA, as amended by the
ADAAA.
The rule also proposes a process for review of a medical
certification disqualification and for medical removal protection
benefits in certain circumstances. The proposed review process would be
conducted by the DOE Office of Health Safety and Security (independent
review) and the DOE Office of Hearings and Appeals (final review), and
as such are therefore not expected to result in a significant impact on
affected small businesses. Any medical removal protection benefits
would be reduced to the extent worker's compensation is provided and
will be reimbursable to the contractor under the applicable contract
with DOE.
The rule would also update the training standards and procedures
for PF officers, and makes minor updates to existing reporting and
records maintenance requirements. The training standards and procedures
are currently set forth at Appendix B to subpart B of 10 CFR part 1046.
The proposed updates, intended to tailor training requirements to
existing conditions and essential job functions specified in a site-
specific JA or METL, are not expected to result in significant
increases in costs to meet these requirements. Medical records are
maintained by the designated physician and the evaluating psychologist,
and the proposed updates would require PF personnel management to
develop plans to ensure the confidentiality of medical information.
Such confidentiality is already required by other existing
regulations.\1\
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\1\ DOE notes that the rule would also set forth qualification
requirements for the PPMD and designated physicians. While many
Management and Operations contractors may have medical professionals
on staff, subcontractor firms that employ physicians, psychologists,
and psychiatrists may be classified under NAICS Codes 621111,
Offices of Physicians (except Mental Health Specialists), 621112,
Offices of Physicians, Mental Health Specialists, and 621330,
Offices of Mental Health Practitioners (except Physicians). To be
classified as small businesses, these firms must have average annual
receipts of $10 million, $10 million, and $7 million, respectively.
Because individuals employed by these firms likely meet the proposed
qualification requirements already in order to practice in the
field, DOE does not believe that these requirements would result in
a significant impact on any small firms employing these individuals.
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Because these standards and requirements are primarily
clarifications and updates to existing standards and requirements, DOE
does not believe that the impact on these firms would be significant.
DOE seeks comment on its estimate of the number of small entities and
the expected impacts of today's proposed rule. DOE emphasizes that
these firms are under contract to DOE either directly or indirectly, so
any costs incurred while meeting the standards and requirements
proposed in this rule would be invoiced and may be reimbursable in
accordance with the terms of the contract and applicable law.
For the above reasons, DOE certifies that the proposed rule, if
adopted, will not have a significant economic impact on a substantial
number of small entities.
C. Review Under Paperwork Reduction Act
No new information collection requirements subject to the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., are imposed by this regulatory
action.
D. Review Under the National Environmental Policy Act
This proposed rule amends existing policies and procedures
establishing medical and physical readiness standards for DOE PF
personnel and has no significant environmental impact. Consequently,
the Department has determined that this rule is covered under
Categorical Exclusion A-5, of Appendix A to Subpart D, 10 CFR part
1021, which applies to a rulemaking that addresses amending an existing
rule or regulation that does not change the environmental effect of the
rule or regulation being amended. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' (64 FR 43255, August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to develop a formal
process to ensure meaningful and timely input by State and local
officials in the development of regulatory policies that have
``federalism implications.'' Policies that have federalism implications
are defined in the Executive Order to include regulations that have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' On March
7, 2011, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations (65 FR 13735, March 14, 2000).
DOE has examined the proposed and revised rule and has determined
that it does not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. No further action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Section 3 of Executive Order 12988, (61 FR 4729, February 7, 1996),
instructs each agency to adhere to certain requirements in promulgating
new regulations. These requirements, set forth in section 3(a) and (b),
include eliminating drafting errors and needless ambiguity, drafting
the regulations to minimize litigation, providing clear and certain
legal standards for affected legal conduct, and promoting
simplification and burden reduction. Agencies are also instructed to
make every reasonable effort to ensure that the regulation describes
any administrative proceeding to be available prior to judicial review
and any provisions for the exhaustion of administrative remedies. The
Department has determined that this regulatory action meets the
requirements of section 3(a) and (b) of Executive Order 12988.
[[Page 13211]]
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory action on state, local and tribal governments and the
private sector. For proposed regulatory actions likely to result in a
rule that may cause expenditures by State, local, and Tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish estimates of the resulting
costs, benefits, and other effects on the national economy. UMRA also
requires Federal agencies to develop an effective process to permit
timely input by elected officers of State, local, and Tribal
governments on a proposed ``significant intergovernmental mandate.'' In
addition, UMRA requires an agency plan for giving notice and
opportunity for timely input to small governments that may be affected
before establishing a requirement that might significantly or uniquely
affect them. On March 18, 1997, DOE published a statement of policy on
its process for intergovernmental consultation under UMRA (62 FR 12820,
March 18, 1997). (This policy is also available at http://www.gc.doe.gov). Today's proposed rule contains neither an
intergovernmental mandate, nor a mandate that may result in the
expenditure of $100 million or more in any year, so these requirements
do not apply. While the rule would require certain private sector
employers and employees (i.e., DOE security contractors and certain PF
personnel employed by them) to meet certain job-related medical and
physical training standards and requirements, the impact is not likely
to result in the expenditure of $100 million or more in any year. In
addition, any costs incurred by employers in meeting these requirements
would be invoiced and may be reimbursable in accordance with the terms
of the contract and applicable law.
H. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355, May 22, 2001) requires Federal agencies to prepare and submit to
the Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
the promulgation of a final rule, and that: (1) Is a significant
regulatory action under Executive Order 12866, or any successor order;
and (2) is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternates to the action and
their expected benefits on energy supply, distribution, and use.
This proposed rule is not a significant energy action, nor has it
been designated as such by the Administrator of OIRA. Accordingly, DOE
has not prepared a Statement of Energy Effects.
I. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule or policy that may affect
family well-being. Today's proposed rule would not have any impact on
the autonomy or integrity of the family as an institution. Accordingly,
DOE has concluded that it is not necessary to prepare a Family
Policymaking Assessment.
IV. Opportunity for Public Comment
A. Participation in Rulemaking
DOE encourages the maximum level of public participation in this
rulemaking. Interested persons are encouraged to participate in the
public hearings at the times and places indicated at the beginning of
this proposed rulemaking.
DOE has established a period of thirty days following publication
of this proposed rulemaking for persons and organizations to comment.
All public comments, hearing transcripts, and other docket material
will be available for review and copying at the DOE offices at each of
the hearing sites. The docket material will be filed under ``DOE-HQ-
2012-0002.''
B. Written Comment Procedures
Interested persons are invited to participate in this proceeding by
submitting written data, views or arguments with respect to the
subjects set forth in this proposed rulemaking. Instructions for
submitting written comments are set forth at the beginning of this
notice and below. Where possible, comments should identify the specific
section they address.
Comments should be labeled both on the envelope and on the
documents, ``Docket No. DOE-HQ-2012-0002'' and must be received by the
date specified at the beginning of this proposed rulemaking. All
comments and other relevant information received by the date specified
at the beginning of this proposed rulemaking will be considered by DOE
in the subsequent stages of the rulemaking process.
Pursuant to the provisions of 10 CFR part 1004, any person
submitting information or data that is believed to be confidential and
exempt by law from public disclosure should submit one complete copy of
the document and three copies, if possible, from which the information
believed to be confidential has been deleted. DOE will make its own
determination with regard to the confidential status of the information
or data and treat it according to its determination.
C. Public Hearings
The dates, times and places of the public hearings are indicated at
the beginning of this proposed rulemaking. DOE invites any person or
organization who has an interest in these proceedings to make a request
to make an oral presentation at one of the public hearings. Requests
can be phoned in advance to the telephone number indicated at the
beginning of this proposed rulemaking. The person making the request
should provide a telephone number where he or she may be contacted.
DOE reserves the right to schedule the presentations, and to
establish the procedures governing the conduct of the hearings. Each
presentation is limited to ten minutes.
A DOE official will be designated to preside at the hearings and
ask questions. The hearings will not be judicial or evidentiary-type
hearings, but will be conducted in accordance with section 501 of the
DOE Organization Act, 42 U.S.C. 7191. At the conclusion of all initial
oral statements, each person who has made an oral statement will be
given the opportunity to make a rebuttal or clarifying statement,
subject to time limitations. Any further procedural rules regarding
proper conduct of the hearings will be announced by the presiding
official.
Transcripts of the hearings will be made and the entire record of
this rulemaking, including the transcripts, will be retained by DOE and
made available for inspection as provided at the beginning of this
proposed
[[Page 13212]]
rulemaking. Any person may also purchase a copy of a transcript from
the transcribing reporter.
List of Subjects in 10 CFR Part 1046
Government contracts, Incorporation by reference, Reporting and
recordkeeping requirements, Security measures.
Issued in Washington, DC, on February 10, 2012.
Daniel B. Poneman,
Deputy Secretary of Energy.
For the reasons set out in the preamble, the Department of Energy
(DOE) proposes to amend Chapter X of Title 10 of the Code of Federal
Regulations by revising part 1046 to read as follows:
PART 1046--MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS
AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL
Subpart A--General
Sec.
1046.1 Purpose.
1046.2 Scope.
1046.3 Definitions.
1046.4 Physical Protection Medical Director (PPMD).
1046.5 Designated Physician.
Subpart B--Protective Force (PF) Personnel
1046.11 Essential functions of PF positions.
1046.12 Medical, physical readiness, and training requirements for
PF personnel.
1046.13 Medical certification standards and procedures.
1046.14 Medical certification disqualification.
1046.15 Review of medical certification disqualification.
1046.16 SPO physical readiness qualification standards and
procedures.
1046.17 Training standards and procedures.
1046.18 Access authorization.
1046.19 Medical and fitness for duty status reporting requirements.
1046.20 Medical records maintenance requirements.
1046.21 Materials incorporated by reference.
Authority: 42 U.S.C. 2011, et seq.; 42 U.S.C. 7101, et seq.; 50
U.S.C. 2401, et seq.
Subpart A--General
Sec. 1046.1 Purpose.
This part establishes the medical, physical readiness, training and
performance standards for contractor protective force (hereinafter
``PF'') personnel who provide security services at Department of Energy
(DOE) facilities including the National Nuclear Security Administration
(NNSA). DOE and NNSA may choose to incorporate elements of these
standards into Federal protective force programs.
Sec. 1046.2 Scope.
(a) This part applies to DOE, including NNSA, hereinafter ``DOE''
or the ``Department,'' contractor employees and applicants for
contractor protective force positions at government-owned or government
leased facilities, regardless of whether the facility is privately
operated. This part provides for the establishment of physical security
programs based on uniform standards for medical, physical performance,
training, and access authorizations for PF personnel providing physical
security services to the Department.
(b) Use of a single, suitably qualified individual is encouraged
when it is operationally, fiscally, or otherwise appropriate to perform
multiple roles as required in this part (e.g., Designated Physician and
Protection Program Medical Director). Similarly, when appropriate
medical, psychological, or other examinations, evaluations, or testing
required by other DOE regulations can be used to satisfy the
requirements of multiple parts of this title; nothing in this part is
intended to require duplicative examinations, evaluations, or testing
as long as the requirements of this part are met.
(c) The Department is authorized to grant such exemptions from the
requirements of this part as it determines are authorized by law.
Exemptions may not be granted from the requirement to meet any
essential function of a position notwithstanding that reasonable
accommodation must be granted as required by this part and the
Americans with Disabilities Act of 1990 (ADA), as amended by the
Americans with Disabilities Act Amendment Act of 2009 (ADAAA), and its
implementing regulations. Exemptions from non-medical requirements are
allowed only on a case-by-case basis for a specific requirement covered
under this part. The Department must document that the exemption will
not endanger life or property or the common defense and security, and
is otherwise in the public interest. The exemption process required by
DOE must be used. Exemptions must be made from this part in
consultation with the Chief Health, Safety and Security Officer and
approved by the Secretary, Deputy Secretary, or for the National
Nuclear Security Administration, the Administrator. Granting of
equivalencies is not authorized.
(d) Requests for technical clarification of the requirements of
this part by organizations or individuals affected by its requirements
must be made in writing through the appropriate program or staff
offices of the Department. Such requests must be coordinated with the
Office of Health, Safety and Security or its successor organization.
The Office of Health, Safety and Security is responsible for providing
a written response to such requests. Requests for interpretations of
the requirements of this part may be made to the General Counsel. The
General Counsel is responsible for providing responses to such
requests.
Sec. 1046.3 Definitions.
The following definitions apply to this part:
Active shooter means an individual actively engaged in killing or
attempting to kill a person or persons in a confined and populated
area.
Advanced Readiness Standard (ARS) means a qualification standard
that includes the requirements of the Fixed Post Readiness Standard
(FPRS), but also requires the completion of a one mile run with a
maximum qualifying time of 8 minutes 30 seconds, and a 40-yard dash
from the prone position in 8.0 seconds and any other site-specific
measure of physical readiness prescribed by site management and
approved by the respective program office. This standard applies to
SPOs who staff security posts that normally require extensive tactical
movement on foot or are assigned Special Response Team duties.
Applicant means a person who has applied for and been conditionally
offered a position as a Security Officer (SO) or a Security Police
Officer (SPO), but who has not yet begun the active SO or SPO duties
for which the person has applied.
Basic Readiness Standard (BRS) means a qualification standard that
includes the requirements of the FPRS, but also requires the completion
of a one-half mile run with a maximum qualifying time of 4 minutes, 40
seconds, and a 40-yard dash from the prone position in 8.5 seconds and
any other site-specific measure of physical readiness prescribed by
site management and approved by the respective program office. This
standard applies to SPOs with mobile defensive duties in support of
facility protection strategies.
Chief Medical Officer means a Federal employee who is a doctor of
medicine (MD) or doctor of osteopathic medicine (DO) who is licensed
without restriction and qualified in the full range of occupational
medicine services employed by the Department's health, safety, and
security programs. This individual provides leadership and technical
support for these programs and must be identified in writing.
[[Page 13213]]
Contractor means a contractor for the Department and includes
subcontractors at all tiers.
Corrective device means devices, such as eyeglasses or hearing
aids, which are necessary to enable an examinee to meet medical
qualification standards, and which the supervisor responsible for the
performance of the examinee and the Designated Physician have
determined are compatible with the performance of the essential
functions of the position.
Designated Physician means an MD or DO, licensed without
restriction in the state of practice, who has been approved by the
Physical Protection Medical Director (PPMD). The Office of Health
Safety and Security must be consulted regarding an individual's
suitability prior to appointment as a Designated Physician.
Direct threat means a significant risk of substantial harm to the
health or safety of the individual or others. The risk must be based on
an assessment of the individual's present ability to perform safely the
essential functions of the job, and it must be determined that the risk
cannot be eliminated or reduced by reasonable accommodation.
DOE facility means any facility required by DOE to employ PF
personnel and used by DOE, including NNSA, and its contractors for the
performance of work under DOE jurisdiction.
Efficiency, for the purposes of this part, pertains to the
individual's physical efficiency rather than operational efficiency.
Emergency conditions are those conditions that could arise at a DOE
facility as a result of a breach of security (e.g., sabotage or
terrorism) or accident (e.g., fire, explosion, storm, or earthquake)
and threaten the security or integrity of DOE facilities, assets,
personnel, the environment or the general public. For the purposes of
this rule, emergency conditions include PF drills and exercises
relating to search, rescue, crowd control, fire suppression and special
operations, including response to the scene of the incident, and all
functions performed at the scene.
Essential functions of the job are the fundamental job duties of PF
members as set out in Sec. 1046.11.
Field element means the management and staff elements of DOE,
including NNSA, with delegated responsibility for oversight and program
management of major facilities, programs, and site operations.
Final review means the process for an individual disqualified from
medical certification to have a second and ultimate review of the
individual's case conducted by the DOE Office of Hearings and Appeals.
Fixed Post Readiness Standard (FPRS) means a standard that requires
an SPO to demonstrate the ability to assume and maintain the variety of
cover positions associated with effective use of firearms at entry
portals and similar static environments to include prone, standing,
kneeling, and barricade positions; to use site specific intermediate
force weapons and weaponless self-defense techniques; to effect arrest
of suspects and place them under restraint, e.g., with handcuffs or
other temporary restraint devices; and any other site-specific measure
of physical readiness prescribed by site management and approved by the
respective program office.
Independent Physician means a physician who possesses an MD or DO
degree, is licensed without restriction and board certified, and has
experience in a relevant field of medicine. The Independent Physician
must not have served as the requestor's personal physician in any
capacity or have been previously involved in the requestor's case on
behalf of the Department or a Department contractor.
Independent review means the process through which a medically
disqualified individual may appeal to have an independent review of
his/her case conducted by an Independent Physician.
Job analysis (JA) is a systematic method used to obtain a detailed
listing of the tasks of a specific job. JAs will be derived from
criteria determined and published by the DOE National Training Center
or identified and documented through a site-specific Mission Essential
Task List (METL)-based process based on a set of Departmental Nuclear
Security Enterprise-wide standards. A METL-based process that
identifies and formally documents duties, tasks, and sub-tasks to be
trained is commensurate with the process to develop JAs.
Medical approval means a determination by a Designated Physician
that it is medically appropriate for an individual to attempt the
physical performance qualification test.
Medical certification means a determination by a Designated
Physician approved by the PPMD that an individual is medically
qualified for a particular category of PF positions, including the
performance of the essential functions of an SO or SPO, and the
required ongoing physical readiness training.
Medical certification disqualification means a determination by a
Designated Physician and approved by the PPMD that an individual, with
or without reasonable accommodation, is unable to perform the essential
functions of an SO or SPO job position, including the required physical
readiness training, without creating a direct threat to that individual
or others.
Medical evaluation means the analysis of information generated by
medical examinations and psychological evaluations and assessments of
an individual to determine medical certification.
Medical examination means an examination performed or directed by
the Designated Physician that incorporates the components described in
section 1046.13.
Mission Essential Task List (METL) means a list of common tasks
required for PF assignments based on site-specific protection plans to
defend against adversary capabilities as defined by DOE.
Officially designated Federal security authority (ODFSA) means the
Departmental Federal authority at the Field or Headquarters (HQ)
Element with the primary and delegated responsibility for oversight of
a site PF. Also may be referred to as the Department cognizant security
authority.
Pertinent negative means the absence of a sign or symptom that
helps substantiate or identify a patient's condition.
Physical Protection Medical Director (PPMD) means the physician
programmatically responsible for the overall direction and operation of
the site medical program supporting the requirements of this part.
Primary weapon as used in this part means any weapon individually
assigned or available at the majority of posts/patrols to which the SPO
may be assigned.
Protective Force personnel means Special Response Team members,
SPOs, and SOs who are employed to protect Department security
interests.
Qualification means the determination that an individual meets the
applicable medical, physical, and as appropriate, firearms training
standards, and possesses the knowledge, skills, abilities and
clearances required for a particular SO or SPO position.
Randomly selected means any process approved by the ODFSA, which
ensures each member of the SPO population has an equal chance to be
chosen every time the selection process is used.
Reasonable accommodation means corrective devices and medications
which allow the examinee to meet medical qualification standards, are
compatible with the performance of the
[[Page 13214]]
essential functions of the position, and are documented in writing.
Requalification date means the date of expiration of current
qualification at which demonstration of knowledge, skills and/or
abilities is required to maintain specific job status.
Security interests include any Department asset, resource or
property which requires protection from malevolent acts and/or
unpermitted access. These interests may include (but are not limited
to) Department personnel; sensitive technology; classified matter;
nuclear weapons, components, and assemblies; special nuclear material
(SNM) and other nuclear materials; secure communications centers;
sensitive compartmented information facilities; automated data
processing centers or facilities storing and transmitting classified
information; vital equipment; or other Department property.
Security Officer (SO) means an unarmed uniformed PF member who has
no Departmental arrest or detention authority, used to support SPOs
and/or to perform duties (e.g., administrative, access control,
facility patrol, escort, assessment and reporting of alarms) where an
armed presence is not required.
Security Police Officer (SPO) means a uniformed PF member who is
authorized under section 161(k) of the Atomic Energy Act of 1954, as
amended, section 661 of the DOE Organization Act, or other statutory
authority, to carry firearms and to make arrests without warrant for
specifically enumerated offenses and who is employed for, and charged
with, the protection of Department security interests.
Semi-structured interview means, for the purpose of this part, an
interview by a Psychologist who meets standards established by DOE and
who has the latitude to vary the focus and content of the questions
depending upon the interviewee's responses.
Site occupational medical program means the comprehensive
occupational health services and basic worker protection requirements
for contractor employees.
Special Response Team (SRT) Member means SPOs who meet the Advanced
Readiness Standard, with additional training and qualification
requirements as necessary, and who are assigned to a Special Response
Team that trains and responds as a team to perform recapture and
recovery and to augment denial missions, e.g., those that require
adversaries be denied proximity to the protected property.
Special Response Team, commonly referred to as SRT, means a PF
special operations unit comprised of SPOs whose primary mission is to
resolve incidents that require activities and force options that exceed
the capability of existing physical security systems (e.g., performance
of recapture/recovery operations and augmentation of denial missions).
Weapons proficiency demonstration means a process based on a
predetermined, objective set of criteria approved by the respective
program office in consultation with the Office of Health, Safety and
Security that results in a grade (e.g., pass/fail). The process must
ensure that an individual (or team, for crew-served weapons)
demonstrates the ability to perform all weapons-handling and
operational manipulations necessary to load, operate, and discharge a
weapon system accurately and safely (to include clearing/returning to
safe mode the weapons system at the conclusion of firing), without the
necessity for scoring targets during the course of fire. Proficiency
courses of fire must include tactically-relevant time constraints.
Demonstrations of proficiency are allowed with the actual weapon and
assigned duty load, with alternate loads (e.g., frangible or dye-
marking rounds), or with authorized weapons system simulators, as
defined in this section. Proficiency courses of fire must be tactically
relevant.
Weapons qualification is a formal test of weapons proficiency that
includes, in addition to all specified elements of proficiency
demonstration, the achievement of a prescribed qualification score
according to a Departmentally-approved course of fire. Weapons
qualification courses of fire must be constrained by time.
Weapons system simulator means a device that closely simulates all
major aspects of employing the corresponding actual firearm/weapons
system, without firing live ammunition. The simulator should permit all
weapons-handling and operational actions required by the actual weapon,
and should allow the use of sight settings similar to the corresponding
actual weapon with assigned duty loads. Additionally, when weapons or
weapons system simulators are used for qualification testing of
protective force officers, the operation of the simulated weapon must
closely approximate all weapons handling and operational manipulation
actions required by the actual weapon. The simulation system must
precisely register on-target hits and misses with accuracy comparable
to the actual weapon at the same shooting distances. The weight,
balance, and sighting systems should replicate those of the
corresponding actual weapon, and noise signatures and felt recoil
should be simulated to the extent technically feasible. Additionally,
when used for qualification testing of protective force officers, the
weight and balance of the simulated weapon with assigned duty loads
must be closely approximated.
Sec. 1046.4 Physical Protection Medical Director (PPMD).
(a) General. The PPMD is the physician programmatically responsible
for the overall direction and operation of site medical programs
supporting the requirements of this part. Appropriate contractual
arrangements must ensure that the PPMD's authority applies to all site
contractors.
(1) Nomination. The name of each PPMD candidate must be submitted
by the contractor to the officially designated Federal security
authority who in turn must consult with the Office of Health, Safety
and Security prior to the PPMD's approval. At the time of initial
nomination for the PPMD designation, the nominee shall submit to the
Office of Health, Safety and Security, through his or her employer and
the Federal security authority, the following documents or copies
thereof, translated into English if written in another language:
(i) Applicable diplomas;
(ii) Certificate of any postgraduate professional training (e.g.,
internship, residency, fellowship); and
(iii) Current medical license in the state in which duties will be
performed. If determined necessary by the Office of Health, Safety and
Security, certification of good standing by all medical licensing
bodies from which the applicant has held medical licenses, as well as
documentation of any restrictions or limitations to practice medicine,
past or present (such documentation may be obtained in written form or
electronically) may be requested. The nominee may be requested to
instruct the licensing body to send such certifications to the Office
of Health, Safety and Security. Under no circumstances will such
certifications of good standing be accepted directly from the
applicant. Additionally, notice of certification by any additional
American specialty board, if applicable, and/or current curriculum
vitae may be requested. The curriculum vitae, if requested, must
provide a discussion of any gaps in employment..
(2) Other roles and responsibilities. Nothing in this part is
intended to preclude the PPMD from fulfilling similar or related roles
under other parts, including providing occupational medical services
under 10 CFR part 851, ``Worker Safety and Health Program.''
[[Page 13215]]
Additionally, the PPMD may fulfill the role of Designated Physician.
(3) Qualifications. The PPMD shall possess an MD or DO degree; be
board certified in or have equivalent advanced training, in
occupational medicine; be a professionally qualified physician in good
standing in his or her professional community, to include all medical
licensing bodies from which the applicant has held medical licenses;
demonstrate past professional performance and personal conduct suitable
for a position of responsibility and trust; read, write, speak, and
understand the English language proficiently; and possess an
unrestricted license to practice medicine in the state in which the
designation is sought or meet the medical licensing requirements of the
applicable military or Federal service to which he/she belongs.
(b) Nominations. The PPMD must nominate in writing, through the
local officially designated Federal security authority, to the Office
of Health, Safety and Security, one or more Designated Physicians.
(1) Each nomination must describe the relevant training and
experience of the nominee.
(2) Each nominee must be professionally qualified in good standing
in his or her professional community, to include all medical licensing
bodies from which the applicant has held medical licenses; demonstrate
past professional performance and personal conduct suitable for a
position of responsibility and trust; read, write, speak, and
understand the English language proficiently; and possess the
applicable unrestricted license to practice in the state in which the
designation is sought or meet the medical licensing requirements of the
applicable military or Federal service to which he/she belongs.
(3) To be nominated, a Designated Physician shall possess an MD or
DO degree and be board certified or have equivalent advanced training
in occupational medicine.
(c) Documentation. At the time of initial nomination, the nominee
shall submit to the PPMD the following documents or copies thereof,
translated into English if written in another language:
(1) Applicable diplomas;
(2) Certificate of any postgraduate professional training (e.g.,
internship, residency, fellowship); and
(3) Current medical license in the state in which duties will be
performed. If determined necessary by the PPMD, certification of good
standing by all medical licensing bodies from which the applicant has
held medical licenses, as well as documentation of any restrictions or
limitations to practice medicine, past or present (such documentation
may be obtained in written form or electronically) may be requested.
The PPMD may request the nominee to instruct the licensing body to send
such certifications to the PPMD. Under no circumstances will such
certifications of good standing be accepted directly from the
applicant. Additionally, the PPMD may request notice of certification
by any additional American specialty board, if applicable, and/or a
current curriculum vitae. The curriculum vitae, if requested, must
provide a discussion of any gaps in employment.
(d) Self reporting. Each individual covered under paragraphs (a)
and (b) of this section must agree to report the following information
about him/herself as a condition of his/her designation. PPMDs must
report to their employer, who must forward the information to the
Office of Health, Safety and Security through the Federal security
authority. Designated Physicians must report to the PPMD:
(1) Any change in status or initiation of an adverse action by any
state medical licensing board or any other professional licensing
board;
(2) Initiation of an adverse action by any Federal or state
regulatory board;
(3) Being named a defendant in any criminal proceedings (felony or
misdemeanor);
(4) Being named in a civil suit alleging professional malpractice;
(5) Being evaluated or treated for alcohol use disorder or drug
dependency or abuse;
(6) Occurrence of a physical disorder, a mental disorder, or any
other health condition that might affect his or her ability to perform
professional duties; and
(7) Any adverse action against the medical license(s) of the
individual, past or present (these may be obtained in written form or
electronically). The incumbent or nominee may be instructed to request
the licensing body to provide such information to the appropriate
individual. Under no circumstances will such information be accepted
directly from the incumbent or nominee. All such actions must be
submitted to DOE for consideration and possible action which may result
in rejection of, or termination of, the applicable designation.
(e) Annual activity report. The PPMD must send an annual activity
report to the Office of Health, Safety and Security through the
appropriate field element, reporting on the current credentials of each
incumbent Designated Physician and recommending the retention or
replacement of each incumbent.
(f) Retention or replacement. The PPMD's supervisor of record must
send an annual letter to, the Office of Health, Safety and Security
reporting on the current credentials of the PPMD recommending retention
or replacement. Immediate notification must be made to the Office of
Health Safety and Security if a PPMD is relieved of his duties or
replaced.
(g) Medical activity summary. The PPMD must submit an annual letter
summarizing the medical activity during the previous year conducted
under this part to the Chief Health, Safety and Security Officer or his
or her designee through the manager of the Field Element. The PPMD must
comply with applicable DOE requirements specifying report content.
Sec. 1046.5 Designated Physician.
(a) Responsibilities. The Designated Physician is responsible for
the conduct of medical examinations, evaluations, and medical
certification of SOs and SPOs. The Designated Physician must:
(1) Annually determine whether to approve an individual's
participation in programmed training programs required under this rule
and determine the individual's ability to perform the physical
readiness and training qualification tests without undue risk. Medical
approval must be obtained within thirty days prior to the individual's
beginning such training or attempting the qualifying tests;
(2) With the assistance of a psychologist or psychiatrist meeting
standards established by DOE, determine:
(i) An individual's medical capability, with or without reasonable
accommodation, to perform the essential functions of PF job duties
without creating a direct threat to the individual or others; and
(ii) Whether to certify that the individual meets the applicable
medical and physical readiness standards as set forth herein for their
position.
(3) Determine whether any portion of any medical examination may be
performed by other qualified personnel, such as another physician,
physician's assistant, or a nurse practitioner;
(4) Be responsible for case management, including supervising,
interpreting, and documenting PF personnel medical conditions; and
(5) Be familiar with the required essential functions of the job
duties for PF personnel, as set forth in Sec. 1046.11.
(b) Approval in lieu of nomination. If the Designated Physician has
been
[[Page 13216]]
approved under the provisions of 10 CFR part 712, ``Human Reliability
Program,'' that approval will satisfy the requirement for nomination
to, and approval by, DOE under this part.
Subpart B--Protective Force (PF) Personnel
Sec. 1046.11 Essential functions of PF positions.
Nothing in this part is intended to preclude emergency use of any
available protective force personnel by an on-scene commander to
successfully resolve a national security emergency.
(a) Essential functions. The essential functions described in
paragraphs (b) through (g) of this section and other site-specific
essential functions must be communicated in writing by the manager of
the Field Element to the PPMD and the Designated Physician. The
Designated Physician is required to ensure applicant and incumbent PF
members are aware that these essential physical and mental functions in
paragraphs (b) through (g), as appropriate, are the elements against
which the initial and annual evaluations for PF personnel will be
conducted.
(b) SO essential functions. (1) The control of voluntary motor
functions, strength, range of motion, neuromuscular coordination,
stamina, and dexterity needed to meet physical demands associated with
routine and emergency situations of the job;
(2) The ability to maintain the mental alertness necessary to
perform all essential functions without posing a direct threat to self
or others; and
(3) The ability to understand and share essential, accurate
communication by written, spoken, audible, visible, or other signals
while using required protective equipment.
(c) Additional SO essential functions. SOs may be required to
support SPOs and assist in the routine physical protection of DOE
facilities, personnel, classified information, and property, as
warranted by DOE facility operations, staff security posts used in
controlling access to DOE facilities, conduct routine foot and
vehicular patrols, escort visitors, check rooms and facilities, assess
and report alarms, and perform basic first aid. Therefore, all SOs must
also be able to:
(1) Understand and implement post and patrol operations and access
control systems;
(2) Understand and implement departmental and site policies and
procedures governing the SO's role in site protection;
(3) Understand and implement inspection techniques for persons,
packages and vehicles, as well as detect and identify prohibited
articles and site-specific security interests;
(4) Work in locations where assistance may not be available;
(5) Spend extensive time outside exposed to the elements and
working in wet, icy, hot, or muddy areas;
(6) Make frequent transitions from hot to cold, cold to hot, dry to
humid, and from humid to dry atmospheres;
(7) Walk, climb stairs and ladders, and stand for prolonged periods
of time;
(8) Safely operate motor vehicles when their use is required by
local missions and duty assignments;
(9) Use clear and audible speech and radio communications in other
than quiet environments;
(10) Read and understand policies, procedures, posted notices, and
badges;
(11) Rely on the senses of smell, sight, hearing and touch to:
detect the odor of products of combustion and of tracer and marker
gases to detect prohibited articles; inspect persons; packages and
vehicles; and in general determine the nature of emergencies; maintain
personal safety; and report the nature of emergencies;
(12) Employ weaponless self-defense;
(13) Be fitted with and use respirators other than self-contained
breathing apparatus when the use of such equipment is required by local
assignment.
(d) FPRS SPO essential functions. FPRS SPO personnel may be
assigned only to fixed posts where there is no planned requirement for
response away from that post. In addition to the SO essential functions
listed in paragraphs (b) and (c) of this section, FPRS SPOs must be
able to:
(1) Apply basic tactics (to include use of intermediate force
weapons) necessary to engage and neutralize armed adversaries and
determine probable capabilities and motivations of potential
adversaries;
(2) Use site-specific hand tools and weapons required for the
performance of duties;
(3) Perform complex tasks, and make life or death decisions under
stressful conditions while armed and authorized to use deadly force;
(4) Perform physically demanding work under adverse weather and
temperature conditions (extreme heat and extreme cold) on slippery or
hazardous surfaces with the prolonged use of protective equipment and
garments such as respirators, air supply hoods, or bullet-resistant
garments, as required by site protection strategies;
(5) Be fitted for and properly utilize personal duty equipment;
(6) Work for long periods of time in conditions requiring sustained
physical activity and intense concentration in environments of high
noise, poor visibility, limited mobility, at heights, and in enclosed
or confined spaces;
(7) Accommodate to changing work and meal schedules or to a delay
in meals without potential or actual incapacity;
(8) Have no known significant abnormal intolerance to chemical,
mechanical (e.g., heat, light or water), and other physical agent
exposures to the skin that may be encountered during routine and
emergency duties, as specified at the site; and
(9) Make critical decisions and take appropriate actions in a
confused and potentially life-threatening environment throughout the
duration of an emergency situation, e.g., active shooter scenarios.
(e) BRS SPO essential functions. In addition to the FPRS SPO
essential functions listed above, BRS SPOs must be able to:
(1) Have night vision sufficient to read placards and street signs
while driving or to see and respond to imminently hazardous situations
in conditions of darkness;
(2) Be capable of operating armored vehicles with an expectation of
employing the capabilities of the vehicle;
(3) Staff security posts which normally require movement on foot,
by vehicle, watercraft, or aircraft in response to alarms and any
breach of security; and to support site protection strategies;
(4) Provide interdiction, interruption, neutralization, and support
the recapture of a DOE asset/site/facility/location;
(5) Make rapid transitions from rest to near maximal exertion
without warm-up; and
(6) Otherwise act as needed to protect Department sites, personnel,
classified information, and nuclear weapons, nuclear weapons
components, and SNM, to apprehend suspects, and to participate in the
armed defense of a Department site against a violent assault by
adversaries.
(f) ARS SPO essential functions. The essential functions of an ARS
SPO include those of a BRS SPO. Security posts which normally, or are
expected to, require extensive tactical movement on foot must be
staffed by ARS SPOs. In addition, an ARS SPO must be able to support
the pursuit/recovery of a Department security interest.
(g) SRT member essential functions. The essential functions of an
SRT member include those of an ARS SPO. The primary role of SRTs is the
recapture, pursuit, and/or recovery of
[[Page 13217]]
Department security interests. In addition, an SRT member must be
trained to resolve incidents that require activities and force options
that exceed the capabilities of other site PF members, as determined by
site-specific analysis. An SRT SPO also must:
(1) Successfully complete a Departmental advanced tactical
qualification course designed to provide the minimum level of skills
and knowledge needed to completely perform all tasks associated with
SRT job responsibilities;
(2) Have knowledge and skills to provide additional protection
capability as demanded by the particular targets, threats, and
vulnerabilities existing at their assigned Departmental facility;
(3) Operate special weapons, tactical vehicles, and other equipment
necessary to protect a particular facility or to effectively engage an
adversary with advanced capabilities; and
(4) Possess the ability to act successfully as a member of an
aggressive and readily mobile response team as dictated by site-
specific vulnerability assessments, using force options and tactical
response team techniques necessary for recapture and recovery
operations directed against an adversary and to support site-specific
protection strategies.
Sec. 1046.12 Medical, physical readiness, and training requirements
for PF personnel.
Department PF personnel must be individuals who:
(a) Are medically certified by the PPMD pursuant to the procedures
set out in section 1046.13 as meeting the medical certification
standards to perform all of the applicable essential functions of the
job, as set forth in Sec. 1046.11;
(b) Meet the physical readiness qualification standards set forth
in Sec. 1046.16; and
(c) Are determined to be qualified as having the knowledge, skills,
abilities and completed the requirements of a formal training program
as set out in Sec. 1046.17.
Sec. 1046.13 Medical certification standards and procedures.
(a) PF medical certification standards. All applicant and incumbent
PF personnel must satisfy the applicable Medical Certification
Standards set forth in this section.
(b) Requirements of the medical evaluation to determine medical
certification. (1) The medical evaluation must be made by the
Designated Physician without delegation (e.g., to a physician's
assistant or nurse practitioner).
(2) An evaluation of incumbent security police officer must include
a medical history, the results of the examination, and a formal written
determination.
(3) A site standard form approved by the Chief Medical Officer must
be used, and pertinent negatives must be documented on the form.
(4) The Medical Certification Standards are the minimum medical
standards to be used in determining whether applicants and incumbent PF
personnel can effectively perform, with or without reasonable
accommodation, all essential functions of normal and emergency duties
without imposing an undue hardship on the employer or posing a direct
threat to the PF member or others, the facility, or the general public.
All reasonable accommodations as defined in this part must be approved
in writing by the PPMD.
(c) General medical standards for PF personnel. The examinee must
possess the mental, sensorial, and motor skills to perform safely and
efficiently all applicable essential job functions described in Sec.
1046.11 and those designated in the job analysis submitted by PF
management prior to each examination. Specific qualifications for SOs
and SPOs are set forth in paragraphs (d) and (e), respectively, of this
section.
(d) Specific medical standards for SOs--(1) Head, face, neck, and
scalp. Configuration suitable for fitting and effective use of personal
protective equipment when the use of such equipment is required by
assigned normal or emergency job duties.
(2) Sense of smell. Ability to detect the odor of combustion
products and of tracer or marker gases.
(3) Speech. Capacity for clear and audible speech as required for
effective communications on the job.
(4) Hearing. Hearing loss with or without aids not to exceed 30
decibels (db) average at 500, 1000, and 2000 Hertz (Hz), with no loss
greater than 40 db at any one of these frequencies and a difference of
not more than 15 db average loss between the two ears; the ability to
recognize speech as demonstrated by a Speech Recognition Threshold of
20 db or less (by ANSI S3.6, 2010audiometry (incorporated by reference,
see Sec. 1046.21)). If a hearing aid is necessary, suitable testing
procedures shall be used to ensure auditory acuity equivalent to the
above requirement.
(5) Vision. Near and distant visual acuity, with or without
correction, of at least 20/25 in one eye and no worse than 20/40 in the
other eye.
(6) Color vision. Ability to distinguish red, green, and yellow.
Acceptable measures of color discrimination include the Ishihara;
Hardy, Rand, & Rittler; and Dvorine pseudoisochromatic plates (PIP)
when administered and scored according to the manufacturer's
instructions. Tinted lenses such as the X-Chrom contact lenses or
tinted spectacle lenses effectively alter the standard illumination
required for all color vision tests, thereby invalidating the results
and are not permitted during color vision testing.
(7) Cardiorespiratory. Capacity to use a respirator other than
self-contained breathing apparatus (SCBA).
(8) Nutritional/metabolic. Status adequate to meet the stresses and
demands of assigned normal and emergency job duties. Ability to
accommodate to changing work and meal schedules without potential or
actual incapacity.
(e) Specific medical standards for SPOs. In addition to the
criteria identified in section 1046.16(f) the following standards must
be applied.
(1) Head, face, neck and scalp. Configuration suitable for fitting
and effective use of personal protective equipment when the use of such
equipment is required by assigned normal or emergency job duties.
(2) Sense of Smell. The ability to detect the odor of combustion
products and of tracer or marker gases.
(3) Speech. Capacity for clear and audible speech as required for
effective communications on the job.
(4) Hearing. Hearing loss without aids not to exceed 30 db average
at 500, 1000, 2000 Hz, with no loss greater than 40 db at any of these
frequencies and a difference of not more than 15 db average loss
between the two ears; the ability to recognize speech as demonstrated
by a Speech Recognition Threshold of 25 db or less (by ANSI S3.6, 2010
audiometry (incorporated by reference, see Sec. 1046.21)). Hearing
loss beyond indicated level would interfere with ability to function
and respond to commands in emergency situations. Use of a hearing aid
is allowed for one ear only with the remaining ear qualifying for no
more than an average of 30 db loss at all speech frequencies. If a
hearing aid is necessary, suitable testing procedures must be used to
assure auditory acuity equivalent to the above requirement for the
difference between two ears.
(5) Vision. (i) Near and distant vision. Near and distant visual
acuity sufficient to effectively perform emergency-related essential
functions:
[[Page 13218]]
(A) With or without correction, vision of 20/25 or better in the
better eye and 20/40 in the other eye.
(B) If uncorrected distant vision in the better eye is not at least
20/25 and the SPO wears corrective lenses, the SPO must carry an extra
pair of corrective lenses.
(ii) Color vision. Ability to distinguish red, green, and yellow.
Acceptable measures of color discrimination include the Ishihara;
Hardy, Rand, & Rittler; and Dvorine pseudoisochromatic plates (PIP)
when administered and scored according to the manufacturer's
instructions. Tinted lenses such as the X-Chrom contact lenses or
tinted spectacle lenses effectively alter the standard illumination
required for all color vision tests, thereby invalidating the results
and are not permitted during color vision testing.
(iii) Field of vision. Field of vision in the horizontal meridian
at least a total of 140 degrees, contributed to by at least 70 degrees
from each eye.
(iv) Depth perception. Ability to judge the distance of objects and
the spatial relationship of objects at different distances.
(6) Cardiorespiratory. (i) Respiratory. Capacity and reserve to
perform physical exertion in emergencies at least equal to the demands
of the job assignment. This will be measured by annual pulmonary
function test, with no less than a 90 percent predicted forced vital
capacity and forced expiratory volume. There must be no diagnosis of
respiratory impairment requiring continuous or continual medications
such as bronchodilators or beta agonists. A full evaluation and
approval by the PPMD is required whenever there is a past history of
sleep apnea, with or without treatment.
(ii) Cardiovascular. (A) Capacity for tolerating physical and high
levels of exertion during emergencies. Normal configuration and
function, normal resting pulse, regular pulse without arrhythmia, full
symmetrical pulses in extremities, and normotensive, with tolerance for
rapid postural changes on rapid change from lying to standing position.
The use of hypertensive medications is acceptable if there are no side
effects present that would preclude adequate functions as herein
specified.
(B) If an examination reveals significant evidence of
cardiovascular abnormality or significantly increased risk for coronary
artery disease (CAD) as determined by the examining physician, an
evaluation by a specialist in internal medicine or cardiology may be
required and evaluated by the Designated Physician. An
electrocardiogram is required at entry, at age 40 and annually
thereafter, which must be free from significant abnormality. If such
abnormalities are detected, then a stress electrocardiogram with non-
ischemic results must be provided, or the individual must be referred
to a cardiologist for a fitness for duty examination. A stress
electrocardiogram must be performed every other year beginning at age
50 with the results reviewed by the Designated Physician.
(7) Neurological, mental, and emotional. Absence of central and
peripheral nervous system conditions that could adversely affect
ability to perform normal and emergency duties or to handle firearms
safely. A tuning fork test for peripheral neuropathy at fingers and
toes is required anually. Absence of neurotic or psychotic conditions
which would affect adversely the ability to handle firearms safely or
to act safely and efficiently under normal and emergency conditions.
Psychologists and psychiatrists identified to conduct evaluations,
assessments, testing, and/or diagnoses associated with medical
qualifications of this part must meet standards established by DOE.
(8) Musculoskeletal. Absence of conditions that could reasonably be
expected to interfere with the safe and effective performance of
essential physical activities such as running, walking, crawling,
climbing stairs, and standing for prolonged periods of time. All major
joint range of motion limits must have no significant impairments in
the performance of essential functions. This includes overhead reaching
and the ability for full squatting. No history of spine surgery, a
documented diagnosis of herniated disc, or mechanical back pain that
has not been certified to have normal functional recovery with no
activity limitations.
(9) Skin. Have no known significant abnormal intolerance to
chemical, mechanical, and other physical agent exposures to the skin
that may be encountered during routine and emergency duties, as
specified at the site. Capability to tolerate use of personal
protective covering and decontamination procedures when required by
assigned job duties. Facial hair cannot be allowed to interfere with
respirator fitting, and any such growth or a skin condition precluding
respirator fit is not acceptable.
(10) Endocrine/nutritional/metabolic. Status adequate to meet the
stresses and demands of assigned normal and emergency job duties.
Ability to accommodate to changing work and meal schedules without
potential or actual incapacity. A full evaluation and approval of
reasonable accommodation by the PPMD is required for hiring and
retention when metabolic syndrome is identified and/or when diabetes is
controlled by other than diet.
(f) Additional medical or physical tests. For those facilities
where it is necessary to determine the medical qualification of SPOs or
SPO applicants to perform special assignment duties which might require
exposure to unusually high levels of stress or physical exertion, Field
Elements may develop more stringent medical qualification requirements
or additional medical or physical tests, in collaboration with the
PPMD, as necessary for such determinations. All such additional
qualification requirements must be coordinated with the Office of
Health Safety and Security prior to application.
(g) Medical examination procedures and requirements. (1) The
medical examinations required for certification must be performed at
the following intervals:
(i) Applicants for PF member positions must undergo a comprehensive
medical examination, as specified herein. The Chief Health, Safety and
Security Officer or designee, the Chief, Defense Nuclear Security in
the case of NNSA, and/or the PPMD may require additional evaluations.
(ii) After initial certification, each SO must be medically
examined and recertified at least every two years or more often if the
PPMD so requires. Medical certification remains valid through the end
of the twenty-fourth month following each certification or for the
period indicated by the PPMD if less than twenty-four months.
(iii) After initial certification, each SPO must be medically
examined and recertified every twelve months or more often (pursuant to
Sec. 1046.14 or otherwise if the PPMD so requires). Medical
certification remains valid through the end of the twelfth month
following each qualification or for the time indicated by the PPMD if
less than twelve months.
(2) The medical examination must include a review of the essential
functions of the job to which the individual is assigned. Medical
examinations of SPO and SO applicants and incumbents must include the
following evaluations of whether the individual meets the Medical
Certification Standards for the applicable position:
(i) An updated medical and occupational history, complete physical
examination, vision testing, audiometry, and spirometry. In addition,
laboratory testing must be performed, including a complete blood count
(CBC), basic
[[Page 13219]]
blood chemistry, a fasting blood glucose, and a fasting lipid panel
(the examination and testing is to identify baseline abnormalities, as
well as trends); and
(ii)(A) A psychologist who meets standards established by DOE must
be used to fulfill the requirements of this part. A personal, semi-
structured interview at the time of the pre-placement medical
evaluation and during the biennial or annual medical examination must
be conducted by a psychologist. At the pre-placement medical
examination and every third year for SPOs and every fourth year for SOs
thereafter, a Minnesota Multi-Phasic Personality Inventory (MMPI)
(available only to appropriate medical professionals at, e.g., http://psychcorp.pearsonassessments.com) or its revised form will be
administered in order to:
(1) Establish a baseline psychological profile;
(2) Monitor for the development of abnormalities; and
(3) Qualify and quantify abnormalities.
(B) The information gathered from paragraph (g)(2)(i) of this
section, together with the results of the semi-structured interview,
psychiatric evaluations (if required), and reviews of job performance
may indicate disqualifying medical conditions. Additional generally-
accepted psychological testing may be performed as required to
substantiate findings of the MMPI. If medically indicated and approved
by the PPMD, an additional evaluation by a psychiatrist who meets
standards established by DOE may be required. Additional or more
frequent psychological evaluations as determined by the psychologist,
psychiatrist, Designated Physician, or the PPMD may be required. Unless
otherwise indicated, a psychological evaluation performed in accordance
with the other DOE requirements may satisfy the requirements of this
part.
(C) The Designated Physician may request any additional medical
examination, test, consultation or evaluation deemed necessary to
evaluate an incumbent SO's or SPO's ability to perform essential job
duties or the need for temporary work restrictions.
(3) When an examinee needs the use of corrective devices, such as
eyeglasses or hearing aids, to enable the examinee to successfully meet
medical qualification requirements, the supervisor responsible for the
examinee's performance, in conjunction with the Designated Physician,
must make a determination that the use of any such device is compatible
with all required emergency and protective equipment that the examinee
may be required to wear or use while performing assigned job duties.
This determination must be made before such corrective devices may be
used by the examinee to meet the medical, physical readiness, or
training requirements for a particular position.
(4) Contractor management must provide reasonable accommodations to
a qualified individual by taking reasonable steps to modify required
emergency and protective equipment to be compatible with corrective
devices or by providing equally effective, alternate equipment, if
available.
(5) The Designated Physician must discuss the results of the
medical and physical readiness examinations with the individual. The
results of the medical examinations also must be communicated in
writing to PF management and to the individual and must include:
(i) A statement of the certification status of the individual,
including any essential functions for which the individual is not
qualified, with or without reasonable accommodations, and an assessment
of whether the individual would present a direct threat to self or
others in the position at issue;
(ii) If another medical appointment is required, the date of the
next medical appointment; and
(iii) Recommended remedial programs or other measures that may
restore the individual's ability to perform the essential functions or
may negate the direct threat concern, if the individual is not
qualified for physical training, testing, or the relevant position.
(6) PF management must request from the PPMD a health status exit
review for all employees leaving PF service. This review must include
all of the medical standards for the PF position being vacated.
Sec. 1046.14 Medical certification disqualification.
(a) Removal. An individual is disqualified from medical
certification by the PPMD if one or more of the medical certification
standards contained in Sec. 1046.13 are not met. An individual,
temporarily or permanently, disqualified from medical certification by
the PPMD must be removed from the protective force job classification
by his or her employer when the employer is notified by the PPMD of
such a determination.
(b) Medical removal protection. The employer of a disqualified SPO
must offer the SPO medical removal protection if the PPMD determines in
a written medical opinion that it is medically appropriate to remove
the SPO from PF duties as a result of injuries sustained while engaging
in required physical readiness activities (e.g., preparing for or
participating in a physical readiness standard qualification attempt)
or training activities requiring physical exertion. The PPMD's
determination must be based on an examining physician's recommendation
or any other signs or symptoms that the Designated Physician deems
medically sufficient to remove an SPO. The employee pay benefits
specified in this part for combined temporary and permanent medical
removal shall not be provided for more than one year from the date of
the initial PPMD written determination regarding the same injury.
(1) Temporary removal pending final medical determination. The
employer of a disqualified SPO must offer the SPO temporary medical
removal from PF duties on each occasion that the PPMD determines in a
written medical opinion that the worker should be temporarily removed
from such duties pending a final medical determination of whether the
SPO should be removed permanently.
(i) In this section, ``final medical determination'' means the
outcome of the Independent Review process or the Final Review process
provided for in Sec. 1046.15(c) and (d), as appropriate.
(ii) If an SPO is temporarily removed from PF duties pursuant to
this section, the SPO's employer must not remove the employee from the
active payroll unless alternative duties for which the worker is
qualified or can be trained in a short period of time are refused or
alternative duties are performed unsatisfactorily.
(iii) When the SPO remains on the active payroll pursuant to
paragraph (b)(1)(ii) of this section, the SPO's employer must maintain
for the duration of the temporary assignment the SPO's total base pay,
seniority, and other worker rights and benefits as if the worker had
not been removed.
(iv) If there are no suitable alternative duties available as
described in paragraph (ii), the SPO's employer must provide to the SPO
the medical removal protection benefits specified in paragraph (c)(1)
of this section until alternative duties become available, the SPO has
recovered, or for one year, whichever comes first.
(2) Permanent medical removal resulting from injuries. If the PPMD
determines in a written medical opinion that the worker should be
permanently removed from PF duties as a result of injuries sustained
while engaging in required physical readiness activities
[[Page 13220]]
(e.g., preparing for or participating in a physical readiness standard
qualification attempt) or training activities requiring physical
exertion, employer Human Resources policies, disability insurance, and/
or collective bargaining agreements will dictate further employment
status and compensation.
(3) Worker consultation before temporary or permanent medical
removal. If the PPMD determines that an SPO should be temporarily or
permanently removed from PF duties, the PPMD must:
(i) Advise the SPO of the determination that medical removal is
necessary to protect the SPO's health and well-being or prevent the SPO
from being a hazard to self or others;
(ii) Provide the SPO the opportunity to have any questions
concerning medical removal answered; and
(iii) Obtain the SPO's signature or document that the SPO has been
advised on the benefits of medical removal as provided in this section
and the risks of continued participation in physically demanding
positions.
(4) Return to work after medical removal. (i) The SPO's employer,
subject to paragraph (b)(4)(ii) of this section, must not return an SPO
who has been permanently removed under this section to the SPO's former
job status unless the PPMD first determines in a written medical
opinion that continued medical removal is no longer necessary to
protect the SPO's health and well-being or to prevent the SPO from
being a direct threat to self or others.
(ii) If, in the PPMD's opinion, continued participation in PF
duties will not pose an increased risk to the SPO's health and well-
being or an increased risk (beyond those normally associated with SPO
duties) of the SPO being a direct threat to self or others, the PPMD
must fully discuss these matters with the SPO and then, in a written
determination, may authorize the SPO's employer to return the SPO to
former job status.
(c) Medical removal protection benefits. If an SPO has been removed
from duty pursuant to paragraph (b)(2) of this section as a result of
injuries sustained while engaging in required physical readiness
activities (e.g., preparing for or participating in a physical
readiness standard qualification attempt) or other training activities
requiring physical exertion, the SPO's employer must provide the SPO
the opportunity to transfer to another available position, or one which
later becomes available, for which the SPO is qualified (or for which
the SPO can be trained in a short period), subject to collective
bargaining agreements, as applicable;
(1) If required by this section to provide medical removal
protection benefits, the SPO's employer must maintain for a period of
one year, beginning from the date of the PPMD's determination as
described in paragraph (b)(1) of this section, the removed worker's
total base pay, and seniority, as though the SPO had not been removed.
(2) If a removed SPO files a claim for workers' compensation
payments for a physical disability, then the SPO's employer must
continue to provide medical removal protection benefits pending
disposition of the claim, the claimant has recovered, or one year,
whichever comes first. The SPO's employer will receive no credit
towards the SPO's base pay for the SPO's compensation payments received
by the SPO for treatment related expenses.
(3) The SPO's employer's obligation to provide medical removal
protection benefits to an SPO is reduced to the extent that the worker
receives compensation for earnings lost during the period of removal
either from a publicly or employer-funded compensation program, or from
employment with another employer made possible by virtue of the
worker's removal.
(d) Collective Bargaining Agreements. For the purposes of this
section, the requirement that the SPO employer provide medical removal
protection benefits is not intended to expand upon, restrict, or change
any rights to a specific job classification or position under the terms
of an applicable existing collective bargaining agreement.
Sec. 1046.15 Review of medical certification disqualification.
(a) Temporary medical and physical conditions. Should the PPMD
determine that an individual is disqualified from medical certification
because of a temporary medical or physical condition which results in
the individual not being able to perform any of the essential functions
of the job classification, the employer may assign the individual to
alternate, limited duty, if available, until the individual is
determined by the PPMD to be removed from a disqualification status.
This limited duty may include assignment to duties in any job
classification where all essential functions can be safely and
efficiently performed. A temporary medical certification
disqualification may not exceed a period of twelve months. During or by
the end of the twelve-month period, the PPMD must determine whether the
individual is permanently disqualified from medical certification
because of a continuing medical or physical condition which results in
the individual not being able to perform all essential functions of the
job classification. The individual may request an Independent Review of
the disqualification at the initial notification of disqualification,
and at any time during or at the end of the twelve-month period.
(b) Permanent medical and physical conditions. If the PPMD
determines that an individual is disqualified from medical
certification because of a permanent medical or physical condition
which results in the individual not being able to perform all essential
functions of the job classification, and the individual requests an
Independent Review, the employer may assign the individual to
alternate, limited duty, if available. This limited duty may include
assignment to duties in any job classification where all essential
functions can be safely and efficiently performed. Subject to the one
year limit as identified in Sec. 1046.14, assignment to alternate,
limited duty, may remain in effect until an Independent Review
determination, and if applicable, the Final Review determination by the
DOE Office of Hearings and Appeals.
(c) Independent Review. An individual PF member disqualified from
medical certification, temporarily or permanently, by the PPMD may
request an Independent Review of his case. The individual initiating
such a review must submit the request for an Independent Review in
writing to the Office of Health, Safety and Security within ten working
days of the date of notification (date of written correspondence) of
disqualification. A copy of the request must be sent to the
individual's employer and to the local officially designated Federal
security authority: For DOE HQ sites, to the Director, Office of
Security Operations; for NNSA sites, to the cognizant NNSA Security
Director; and for any other DOE sites, to the cognizant DOE Security
Director.
(1) The Office of Health, Safety and Security, in coordination with
the respective PPMD, must provide for the Independent Review. The
Independent Review must be conducted within sixty calendar days of the
receipt of the request for an Independent Review. The Independent
Review must include a complete review of the record of the case.
(2) The disqualified individual may select a representative of his/
her choice during the Independent Review process. The individual or
representative may
[[Page 13221]]
provide additional evidence relating solely to the medical or physical
readiness of the individual. The individual must execute a consent
document authorizing the release of relevant medical information to the
Office of Health, Safety and Security.
(3) The disqualified individual must provide a copy of the request
for Independent Review and the signed consent document for the release
of medical information to the respective PPMD and the individual's
employer within ten working days of the submission of the request to
the Office of Health, Safety and Security.
(4) Within ten working days of receipt of a copy of the request for
an Independent Review, the disqualified individual's employer must
provide the Office of Health, Safety and Security with the following:
(i) A copy of the job analysis (JA)/mission essential task list
(METL) available to the respective Designated Physician at the time of
the individual's medical evaluation;
(ii) A listing of the essential functions for the individual's PF
job classification; and
(iii) Any additional information relating to the medical or
physical readiness of the requestor that the Office of Health, Safety
and Security may request.
(5) The Office of Health, Safety and Security must provide the
information in paragraph (c)(4) to the Independent Physician for use in
the independent review.
(6) A medical examination of the disqualified individual must be
conducted by an Independent Physician approved by the Office of Health,
Safety and Security. The Independent Physician must not have served as
the requestor's personal physician in any capacity. The Independent
Review must confirm or disagree with the medical certification
disqualification and must consider:
(i) The validity of the stated physical requirements and essential
function(s) for the applicable job classification;
(ii) The PPMD's medical determination of the individual's inability
to perform essential functions or to undertake training or the physical
readiness qualification test without undue medical risk to the health
and safety of the individual;
(iii) The completeness of the medical information available to the
PPMD; and
(iv) If applicable, the determination by the PPMD that the
performance of the individual poses a direct threat to self or others.
(7) The results of the Independent Physician's medical examination
of the individual must be provided to the Office of Health, Safety and
Security for review. The Office of Health, Safety and Security must
then recommend a final determination confirming or reversing the
medical certification disqualification. The recommendation of the
Office of Health, Safety and Security must be forwarded to the
applicable local Federal authority for security: For DOE HQ sites, the
Director, Office of Security Operations; for NNSA sites, the cognizant
local NNSA Security Director; for any other DOE sites, the cognizant
local DOE Security Director; and the respective PPMD. This individual
will either adopt or reject the recommendation of the Office of Health,
Safety and Security.
(8) The Office of Health, Safety and Security must provide the
results of the Independent Review and the final determination regarding
the individual's medical disqualification to the requestor, the
respective PPMD, the respective local ODFSA, and the requestor's
employer.
(9) If the Independent Review determination confirms the individual
is disqualified from medical certification, the individual must be
removed from the PF job classification by the individual's employer. If
the Independent Review disagrees with the medical certification
disqualification, the individual must be reinstated to the PF job
classification by the individual's employer, subject to successful
completion of any required qualifications or training requirements that
were due during the temporary disqualification.
(d) Final Review. An individual receiving an unfavorable
Independent Review Determination may request a Final Review of the
Independent Review Determination by the Office of Hearings and Appeals.
The individual must submit his or her request for a Final Review to the
Office of Hearings and Appeals, in writing, within 30 days of receiving
an unfavorable determination, and notify the Office of Health, Safety
and Security of his or her appeal. In the request for a Final Review,
the individual must state with specificity why he or she disagrees with
the Independent Review confirming his or her medical certification
disqualification. The Office of Health, Safety and Security will
transmit the complete record in the case to the Office of Hearings and
Appeals within five business days of receiving notice from the
individual that he or she has filed an appeal of the Independent Review
Determination. The Office of Hearings and Appeals may request
additional information, if necessary, to clarify any issue on appeal.
Within 45 days of the closing of the record, the Office of Hearings and
Appeals will issue a Decision and Order setting forth its findings on
appeal and its conclusions based on the record before it. Upon receipt
of the unfavorable results of a Final Review determination by the
Office of Hearings and Appeals, the individual must be permanently
removed from that PF job classification, SO or SPO (FPRS, BRS, ARS, or
SRT member) by his or her employer. However, nothing in this
determination shall prevent the employee from being allowed to qualify
for a less strenuous physical readiness job classification given the
availability of said position subject to successful completion of any
other required qualifications or training requirements. Upon receipt of
the favorable results of a Final Review determination from the Office
of Hearings and Appeals, the individual must be reinstated to the PF
job classification by his or her employer, subject to successful
completion of any required qualifications or training requirements due
during the temporary disqualification and future ability to be
medically certified for the PF job classification.
Sec. 1046.16 SPO physical readiness qualification standards and
procedures.
(a) General. Employers must provide SPOs with a copy of the
applicable physical readiness standards, a copy of these regulations,
and must inform SPOs of their rights associated with the physical
readiness requirements.
(1) All SPO applicants must satisfy the applicable physical
readiness standard for their assigned position and must physically
demonstrate the physical training and skills, knowledge and abilities
set out in paragraph (g) of this section, as required for their
assigned position before beginning active duty in that position.
(2) All incumbent SPOs must requalify every year according to their
applicable readiness standard, pursuant to paragraph (d)(1), (f), or
(g) of this section. Requalification must occur no later than the
twelfth month following the previous annual qualification. The
requalification may be accomplished at any time during, or prior to,
the requalification month.
(3) All qualification and requalification activities must be
conducted under the supervision of personnel knowledgeable of DOE
physical readiness program requirements and approved by the local
officially designated Federal security authority.
[[Page 13222]]
(b) Physical readiness training program. Each SPO must engage in a
year-round physical readiness training program to:
(1) Achieve and maintain the cardio-respiratory and musculoskeletal
fitness necessary to safely perform all essential functions of normal
and emergency PF duties at any time, without posing a direct threat to
self or others; and
(2) Enable the individual SPO to pass (on an annual basis) the
applicable SPO physical readiness standard without any undue risk of
physical injury.
(c) Training program requirements. (1) The training program must
include the following elements:
(i) Activities with appropriate durations which address aerobic,
agility, flexibility, and strength conditioning.
(ii) Instruction on techniques and exercises designed to ensure
SPOs can safely rise quickly from the prone position, and if required
by qualification standard, transition into a run.
(iii) Appropriate stretching/warm-up and cool down activities
designed by certified exercise physiologists to support injury free
workouts and physical readiness testing.
(2) An SPO physical readiness training and maintenance program must
be developed by the employing organization and approved by the PPMD in
consultation with the local officially designated Federal security
authority.
(3) After initial training and qualification, each SPO must
participate in the physical readiness training and maintenance program
on a continuing basis. The physical readiness maintenance program must
be based on assessment of the individual SPO's physical readiness
levels and be tailored to the individual SPO's physical readiness
maintenance requirements and improvement needs. The SPO's participation
in this training program must be validated by the SPO's employing
organization.
(4) Assessments of an SPO's level of physical readiness must be
conducted at least every six months by personnel knowledgeable of DOE
requirements and be based upon recognized assessment standard values
(e.g., American College of Sports Medicine [http://www.acsmstore.org/],
Cooper Fitness Institute [http://www.cooperinstitute.org/], and
Rockport Walk Protocol [available online from a variety of Web sites]).
Though not a qualification, the assessment must include an evaluation
of the SPO's level of physical readiness and provide recommendations
for maintenance requirements and improvement needs, if any. Ability to
summon appropriate medical emergency response must be available at the
assessment site. An individual trained in cardio-pulmonary
resuscitation and automatic external defibrillator equipment must be
present.
(5) An SPO who fails to requalify during the twelfth month
following the anniversary of the date of initial or previous
qualification must be removed from armed SPO status and must
participate in a remedial physical readiness training program. No
additional training or time extension to meet the standards is
permitted except for unusual circumstances based on a temporary medical
or physical condition as certified by the PPMD that causes the SPO to
be unable to satisfy the physical readiness standards within the
required time period without suffering undue physical harm.
(6) SPOs must maintain physical readiness standards on a continuing
basis. Employees must notify the employer when the requirements of the
training program cannot be successfully completed on a recurring basis
(e.g., exercises cannot be completed and/or completed within time
limits several times in a row due to injury and/or conditioning
issues). The employer must provide access to a work hardening or
rehabilitation program upon PPMD medical evaluation validating the need
for such a program.
(7) An SPO may be required to demonstrate the ability to meet the
applicable physical readiness qualification standard during a
Headquarters or field audit/inspection/survey or other similar
activity, as directed by the local officially designated Federal
security authority. Failure to meet the physical readiness standard
will be treated as if the SPO failed the first attempt during routine
qualification, and the procedures of paragraphs (g)(3), (4) and (5) of
this section will apply.
(d) Physical readiness standards for SPOs. The physical readiness
standards for SPOs are as follows:
(1) Fixed Post Readiness Standard (FPRS). This standard applies to
all SPOs and must be physically demonstrated every year. The standard
is sufficient agility and range of motion to: Assume, maintain, and
recover from the variety of cover positions associated with effective
use of firearms at entry portals and similar static environments to
include prone, standing, kneeling, and barricade positions; use site-
specific deadly and intermediate force weapons and employ weaponless
self-defense techniques; effect arrest of suspects and place them under
restraint, e.g., with handcuffs or other physical restraint devices;
and meet any other site-specific measure of physical readiness
prescribed by site management and approved by the respective program
office.
(2) Basic Readiness Standard (BRS). In addition to demonstrating
the FPRS requirements as stated in paragraph (d)(1) of this section,
the BRS consists of a one-half mile run with maximum qualifying times
of 4 minutes 40 seconds and a 40-yard dash from the prone position in
8.5 seconds, and any other site-specific measure of physical readiness
prescribed by site management and approved by the respective program
office.
(3) Advanced Readiness Standard (ARS). In addition to demonstrating
the FPRS requirements as stated in paragraph (d)(1) of this section,
the ARS consists of a one mile run with maximum qualifying times of 8
minutes 30 seconds and a 40-yard dash from the prone position in 8.0
seconds, and any other site-specific measure of physical readiness
prescribed by site management and approved by the respective program
office.
(e) Administrative Procedure Act. The Department may revise the
physical readiness standards or establish new standards consistent with
the Administrative Procedure Act and other applicable law.
(f) Evaluation and documentation. The Designated Physician's
evaluation and documentation that an incumbent BRS or ARS SPO has
reasonable expectation of meeting the appropriate physical readiness
standard will be deemed to have met the annual physical readiness
qualification requirement without having to take the appropriate BRS or
ARS test. The following procedures apply regarding the Designated
Physician's evaluation and documentation that an incumbent BRS or ARS
SPO has a reasonable expectation of meeting the appropriate physical
readiness standard. The physical readiness capability evaluation must
be made by the Designated Physician without delegation (e.g., to a
physician's assistant or nurse practitioner). A site standard form must
be used, and pertinent negatives must be documented on the form.
(1) Evaluation of BRS and ARS SPOs must include consideration of
normative data where it is available for individuals deemed to be
physically capable. The following criteria must be evaluated: Cardiac
function to include resting pulse rate, pulse recovery after exertion;
neuromuscular function to include assessments of strength, range/
freedom of motion, and movement without pain.
(2) The designated physician may clear the BRS or ARS SPO medically
for
[[Page 13223]]
SPO duties and document that the SPO has a reasonable expectation of
meeting the appropriate physical readiness standard. In this case, the
SPO is deemed to have met the annual physical readiness qualification
requirement without having to take the appropriate BRS or ARS test.
(3) The designated physician may indicate the BRS or ARS SPO meets
medical standards for SPO duties but indicate that the SPO does not
appear to have the physical capability to pass the appropriate physical
readiness test. In this case, the file will be immediately forwarded to
the PPMD for review.
(4) If the PPMD concurs with the Designated Physician, the SPO may
challenge the decision by taking and passing the appropriate physical
readiness test, which must be accomplished successfully within 30 days
of the date of the physical evaluation for the SPO to remain in status.
Should the SPO fail to meet the standard, the retesting process
described below in paragraph (g) of this section must be followed.
Ultimate return to work would require following the new hire process
for medical clearance and physical readiness testing.
(5) Should the PPMD determine that the SPO does appear to have a
reasonable expectation of meeting the appropriate physical readiness
standard, the SPO will be deemed to have met the annual qualification
requirement for the appropriate physical readiness standard.
(6) The Designated Physician may find that the SPO cannot be
medically cleared for SPO duties. In this case, the SPO will be removed
from status with appropriate PPMD review and medical intervention
provided.
(7) Each year, 10 percent of the BRS and ARS SPO populations at
each site will be randomly selected by the employer for physical
testing pursuant to paragraph (g). The identity of an individual as the
selectee shall be kept confidential by the employer in a manner that
ensures this information does not become known to the selected
individual and the Designated Physician until after the individual SPO
has been deemed to have a reasonable expectation of meeting the
appropriate physical readiness standard pursuant to paragraphs (f) (2)
or (f)(5) of this section. The selected individuals must successfully
complete the applicable physical readiness standard in order to retain
SPO status. During a given year's testing, at least 90 percent of those
tested in each physical readiness category must meet the requirements.
(8) Should the passing percentage of those randomly selected in a
particular physical readiness category at a particular site drop below
90 percent on their first attempts at annual qualification, then
subsequently all incumbent SPOs in that category at that site must be
tested against their appropriate physical readiness standard when their
anniversary date occurs. This testing will continue until a 95 percent
successful completion rate for that category of physical readiness is
achieved at the site. Once a 95 percent successful completion rate on
the first attempt is achieved for a given testing year, the required
testing ratio will return to 10 percent for that category.
(g) Physical testing for BRS and ARS SPOs. The following procedures
apply to an individual physically demonstrating the physical readiness
standards for applicants and incumbent SPOs.
(1) Incumbent BRS and ARS SPOs randomly selected for physical
testing pursuant to paragraph (f) in any given year, shall physically
meet the applicable physical readiness standard during the month of, or
prior to, their anniversary date.
(2) Incumbent SPOs shall physically meet the applicable physical
readiness standard prior to their assignment to duties which require a
more stringent standard.
(3) All newly hired SPOs must physically meet the most stringent
standard required at the site.
(4) SPOs returning after an absence of more than one year from
protective force duties must physically meet the standard they were
required to meet when they left SPO duties, should such a position
requiring that standard be available.
(5) Each applicant and incumbent SPO must be medically approved by
the Designated Physician and have successfully completed a physical
readiness assessment within thirty days prior to initial participation
in any physical readiness training program and prior to attempting the
applicable standard to determine whether the individual can undertake
the standard without undue medical risk to the health and safety of the
individual.
(6) SPOs must qualify on the applicable standard annually either by
medical clearance or by physically passing the required test. The
testing protocol shall include mandated participation by the officer
being tested in pre-test stretching, warm-up, and cool-down activities
as described in paragraph (c) of this section. The responsible person
in charge of the qualification activity must ensure that the SPO
understands the attempt will be for qualification. Once this has been
communicated by the person in charge, the attempt will constitute a
qualification attempt. Ability to summon appropriate medical emergency
response must be available at the testing site. An individual trained
in cardio pulmonary resuscitation and automatic external defibrillator
equipment must be present.
(7) Physical readiness requalification must occur not later than
during the twelfth month from the previous annual qualification.
Failure to qualify within this one-month period, or earlier, must
result in removal from SPO status. All attempts must be made within 30
days of the medical approval required in Sec. 1046.16 (g)(5). Not more
than five attempts may be allowed during the 30-day period.
(8) Remedial training program: Each incumbent SPO who has not met
the applicable physical readiness qualification standards as set forth
herein for reasons other than injury or illness must participate in a
supervised physical readiness remedial training program.
(i) Supervision of the physical readiness remedial training program
may be accomplished by direct observation of the SPO during the
training program by personnel knowledgeable of Department physical
readiness program requirements, or by these personnel monitoring the
SPO's progress on a weekly basis.
(ii) The remedial training program must be based upon an assessment
of the SPO's individual physical readiness deficiencies and improvement
needs which precluded the SPO from successfully completing the
applicable physical readiness standard.
(iii) The remedial training program must not exceed a period of 30
days.
(9) Re-testing after completion of remedial training program.
(i) Once an incumbent SPO has begun a remedial training program, it
must be completed before the SPO may attempt the applicable standard.
(ii) Upon completion of the remedial training the incumbent SPO
must be assessed using the same process that is used for the required
semiannual assessment as required in (b)(4) of this section with the
results indicating the SPO is ready to take the test.
(iii) The incumbent SPO has seven days from the completion date of
the remedial training program to meet the applicable physical readiness
qualification standard. Only one attempt during this seven-day period
may be made unless circumstances beyond the testing organization or
participant's control (e.g., severe weather, equipment failure, or
injury) interrupt the attempt.
[[Page 13224]]
When the attempt is interrupted, it may then be rescheduled within
seven days.
(iv) The SPO's original anniversary qualification date will remain
the same.
(10) Extensions: The physical readiness standards set forth in this
part may not be waived or exempted. Time extensions, not to exceed six
months, may be granted on a case-by-case basis for those individuals
who, because of a temporary medical or physical condition certified by
the Designated Physician, are unable to satisfy the physical readiness
standards within the required period without suffering injury. When an
extension is granted:
(i) The granting of such a time extension does not eliminate the
requirement for the incumbent SPO to be removed from SPO status during
the time extension.
(ii) When an extension is granted because of an inability to
qualify without a certified medical or physical condition, the PF
member is not entitled to temporary removal protection benefits.
(iii) Upon completion of the time extension period and requisite
physical readiness training, as applicable, the incumbent SPO must be
assessed using the same process that is used for the required
semiannual assessment as required in (b)(4) of this section with the
results indicating the SPO is ready to take the test.
(iv) For time extensions exceeding three months, the SPO's original
anniversary qualification date may be revised to reflect the date for
passing the applicable standard, which will become the new anniversary
qualification date.
Sec. 1046.17 Training standards and procedures.
(a) Department contractors responsible for the management of PF
personnel must establish training programs and procedures for PF
members to develop and maintain the knowledge, skills and abilities
required to perform assigned tasks. The qualification and training
programs must be based upon criteria approved by the officially
designated Federal security authority.
(b) Department contractors responsible for training PF personnel
must prepare and annually review mission essential tasks from which a
JA or mission essential task list (METL). The JAs or METLs must be
prepared detailing the required actions or functions for each specific
PF job assignment. When a generic Department JA or METL does not exist
for a site-specific PF assignment (e.g., dog handler, investigator,
flight crew, pilot, etc.) the site must develop a site-specific JA or
METL. The JA or METL must be used as the basis for local site-specific
training programs.
(c) The Designated Physician must approve in advance the
participation by individuals in training and examinations of training
competence prior to an individual's beginning employment as a PF member
and annually thereafter.
(d) The formal PF training program must:
(1) Be based on identified essential functions and job tasks, with
identified levels of knowledge, skills and abilities needed to perform
the tasks required by a specific position;
(2) Be aimed at achieving a well-defined, minimum level of
competency required to perform each essential function and task
acceptably, with or without reasonable accommodations;
(3) Employ standardized lesson plans with clear performance
objectives as the basis for instruction;
(4) Include valid performance-based testing to determine and
certify job readiness;
(5) Be documented so that individual and overall training status is
easily accessible. Individual training records and certifications must
be retained for at least one year after termination of the employee
from employment as a member of the PF;
(6) Incorporate the initial and maintenance training and training
exercise requirements expressly set forth in this part and as otherwise
required by DOE;
(7) Be reviewed and revised, as applicable, by PF management on an
annual basis; and
(8) Be reviewed and approved by the local officially designated
Federal security authority on an annual basis.
(e) SOs--(1) SO initial training requirements. (i) Prior to initial
assignment to duty, each SO must successfully complete a basic SO
training course, approved by the local officially designated Federal
security authority, designed to provide the minimum level of skills,
knowledge and ability needed to competently perform all essential
functions and tasks associated with SO job responsibilities.
(ii) The essential functions and minimum competency levels must be
determined by a site-specific JA or METL. The essential functions and
minimum competency levels will include, but are not limited to, the
knowledge, skills, and abilities required to perform the essential
functions set forth in this part, task areas as specified by DOE; and
any other site specific task areas that will ensure the SO's ability to
perform all aspects of the assigned position under normal and emergency
conditions without posing a direct threat to themselves or to others.
(2) SO maintenance training. Each SO must successfully complete an
annual course of maintenance training to maintain the minimum level of
competency required for the successful performance of tasks and
essential functions associated with SO job responsibilities. The type
and intensity of training must be based on a site-specific JA or METL.
Failure to achieve a minimum level of competency must result in the
SO's placement in a remedial training program. The remedial training
program must be tailored to provide the SO with the necessary training
to afford a reasonable opportunity to meet the level of competency
required by the job analysis. Failure to demonstrate competency at the
completion of the remedial program must result in loss of SO status.
(3) SO knowledge, skills, and abilities. Each SO must possess the
knowledge, skills, and abilities necessary to protect Department
security interests from the theft, sabotage, and other acts that may
harm national security, the facility, its employees, or the health and
safety of the public. The requirements for each SO to demonstrate
proficiency in, and familiarity with, the knowledge, skills, and
abilities and the responsibilities necessary to perform the essential
functions of the job must be based on the JA or METL.
(f) SPOs--(1) SPO initial training requirements. Prior to initial
assignment to duty, in addition to meeting SO training requirements
described above in paragraph (e)(1), each SPO must successfully
complete the approved Department basic SPO training course. In addition
to the basic SPO training course, SPO initial training must include
successful completion of site-specific training objectives derived from
a site-specific JA or METL, task areas as specified by DOE, and any
other site specific task areas that will ensure the SPO's ability to
perform all aspects of the assigned position under normal and emergency
conditions without posing a direct threat to themselves or to others.
(2) SPO maintenance training. In addition to meeting the SO
maintenance training requirements described in paragraph (e)(2) of this
section, each SPO must successfully complete an annual course of
maintenance training to maintain the minimum level of competency
required for the successful performance of essential functions and
tasks associated with SPO job responsibilities. The type and intensity
of training must be determined by a site-
[[Page 13225]]
specific JA or METL. Failure to achieve a minimum level of competency
will result in the SPO being placed in a remedial training program. The
remedial training program must be tailored to provide the SPO with
necessary training to afford a reasonable opportunity to meet the level
of competency required by the JA or METL within clearly established
time frames. Failure to demonstrate competency at the completion of the
remedial program must result in loss of SPO status.
(3) SPO knowledge, skills and abilities. In addition to meeting the
SO knowledge, skills and ability requirements described in paragraph
(e)(3) of this section, the requirements for each SPO to demonstrate
proficiency in, and familiarity with, the responsibilities identified
in the applicable JA or METL and proficiency in the individual and
collective knowledge, skills, and abilities necessary to perform the
essential functions and the job tasks based on their applicable JA or
METL.
(g) SRT Members. In addition to satisfying the initial and
maintenance training requirements for SPOs and meeting the SPO
knowledge, skill, and ability requirements, SRT members must meet the
following requirements.
(1) SRT initial training requirements. Prior to initial assignment
to duty, each SRT-qualified SPO must successfully complete the current
approved SRT basic qualification course designed to provide the minimum
level of skills, knowledge and ability needed to competently perform
all the identified essential functions of the job and tasks associated
with SRT job responsibilities. After completion of the SRT basic
qualification course, the SRT-qualified SPO must participate in a site-
specific training program designed to provide the minimum level of
skills and knowledge needed to competently perform all the identified
essential functions of the job and tasks associated with site-specific
SRT job responsibilities. The site-specific essential functions and
minimum levels of competency will be based on a site-specific JA or
METL, task areas as specified by DOE, and any other site specific task
areas that will ensure the SRT-qualified SPO's ability to perform all
aspects of the assigned position under normal and emergency conditions
without posing a direct threat to himself or to others.
(2) SRT maintenance training. After assignment to duties as a
member of an SRT, an SRT-qualified SPO must, as a minimum, train
semiannually in all of the areas determined necessary by a site-
specific JA or METL. Failure to achieve a minimum level of competency
will result in the SRT-qualified SPO being placed in a remedial
training program or removal from SRT qualification status, as
determined by contractor management. The remedial training program must
be tailored to provide the SRT-qualified SPO with necessary training to
afford a reasonable opportunity to meet the level of competency
required by the JA or METL. Failure to demonstrate competency at the
completion of the remedial program will result in loss of SRT-
qualification status.
(3) SRT knowledge, skills, and abilities. The requirements for each
SRT-qualified SPO to demonstrate proficiency in, and familiarity with,
the responsibilities identified in the applicable JA or METL and
proficiency in the individual and collective knowledge, skills, and
abilities necessary to perform the job tasks must include, but are not
limited to, those identified for SPOs and based on their applicable JA
or METL.
(h) Specialized requirements. PF personnel who are assigned
specialized PF responsibilities outside the scope of normal duties must
successfully complete the appropriate basic and maintenance training,
as required by DOE and other applicable governing regulating
authorities (e.g., Federal Aviation Administration). This training must
enable the individual to achieve and maintain the minimum level of
skills, knowledge and ability needed to competently perform the tasks
associated with the specialized job responsibilities, as well as
maintain mandated certification, when applicable. Such personnel may
include, but are not limited to, flight crews, instructors, armorers,
central alarm system operators, crisis negotiators, investigators,
canine handlers, and law enforcement specialists. The assignment of
such specialists and scope of such duties must be based on site-
specific needs and approved by the local officially designated Federal
security authority.
(i) Supervisors--(1) Supervisor training requirements. Prior to
initial assignment to duty, each PF supervisor must successfully
complete a supervisor training program designed to provide the minimum
level of skills, knowledge and ability needed to competently perform
all essential functions of the job and tasks associated with
supervisory job responsibilities. Appropriate annual refresher training
must be provided. The essential functions and minimum levels of
competency will be based on a site-specific JA or METL and will include
the essential functions and task areas identified for the level of PF
personnel to be supervised. Armed supervisors of SPOs must be trained
and qualified as SPOs. They must meet applicable medical and physical
readiness qualification and certification standards for assigned
response duties.
(2) Supervisor knowledge, skills, and abilities. Each PF supervisor
must possess the skills necessary to effectively direct the actions of
assigned personnel. Each supervisor must demonstrate proficiency in,
and familiarity with, the responsibilities identified in the applicable
JA or METL and proficiency in the skills and abilities necessary to
perform those jobs.
(j) PF training exercises. Exercises of various types must be
included in the training and performance testing process for the
purposes of achieving and maintaining skills and assessing individual,
leader and collective competency levels. The types and frequency of
training exercises must be determined by the training needs analysis
conducted as part of the training program, and approved by the local
officially designated Federal security authority. These exercises must
be planned and conducted to provide site-specific training to the PF in
the prevention of the successful completion of potential adversarial
acts as specified by DOE.
(k) Firearms qualification standards. (1) No person may be
authorized to carry a firearm as an SPO until the responsible local
ODFSA is assured that the individual who is to be armed with
individually issued/primary weapons is qualified in accordance with
firearms standards or that, in the case of post-specific crew-served
and special weapons, a determination of proficiency and ability to
operate the weapon safely has been made.
(2) As a minimum, each SPO must meet the applicable firearms
qualification or proficiency standards every 6 months. Requalification
or proficiency demonstration must occur no later than the sixth month
from the previous qualification. The requalification or proficiency
demonstration may be accomplished at any time prior to or during the
requalification month. In the case of individually assigned/primary
weapons, if the SPO does not re-qualify during the re-qualification
month, individual's authority to be armed and to make arrests must be
suspended following the unsuccessful qualification attempts as provided
in paragraph (k)(11) of this section. For post-specific and crew-served
weapons, if the SPO does not demonstrate proficiency during the
requalification month, the individual's
[[Page 13226]]
eligibility for assignment to posts having those post-specific or crew-
served weapons must be suspended until such time as proficiency can be
demonstrated. If requalification occurs prior to the anniversary month,
the month of requalification becomes the new anniversary month.
(3) PF personnel must maintain firearms proficiency on a continuing
basis. Therefore, an SPO may be required to demonstrate an ability to
meet the applicable firearms qualification or proficiency standard(s)
during a Headquarters or field audit, survey, inspection, or other
situation directed by the local officially designated Federal security
authority. Failure to meet the standard will be treated as if the
individual failed the first attempt during routine semiannual
qualification or proficiency demonstration. In this event, the
requirements of paragraphs (k)(11) through (k)(14) of this section
apply.
(4) Each SPO must qualify with primary/individually-issued weapons
required by duty assignment (to include: specialty weapons, long gun
and/or handgun, if so armed). Qualification is the semi-annual act of
achieving a set score while demonstrating the ability to load, operate,
and discharge a firearm or weapon system accurately and safely (to
include clearing the weapon at the conclusion of firing) according to a
Departmentally-approved course of fire. At least one of the two semi-
annual qualifications must be accomplished with the same type of
firearm or weapon system and ammunition equivalent in trajectory and
recoil as that authorized for duty use. All qualification courses must
be constrained by time, identify the maximum amount of available
ammunition, and include minimum scoring percentages required to
qualify.
(5) For the purposes of this part, weapons system simulator means a
device that closely simulates all major aspects of employing the
corresponding actual firearm/weapons system, without firing live
ammunition. The simulator should permit all weapons-handling and
operational actions required by the actual weapon, and should allow the
use of sight settings similar to the corresponding actual weapon with
assigned duty loads. Additionally, when weapons or weapons system
simulators are used for qualification testing of protective force
officers, the operation of the simulated weapon must closely
approximate all weapons handling and operational manipulation actions
required by the actual weapon. The simulation system must precisely
register on-target hits and misses with accuracy comparable to the
actual weapon at the same shooting distances. The weight, balance, and
sighting systems should replicate those of the corresponding actual
weapon, and noise signatures and felt recoil should be simulated to the
extent technically feasible. Additionally, when used for qualification
testing of protective force officers, the weight and balance of the
simulated weapon with assigned duty loads must be closely approximated.
(6) SPOs assigned to posts which require the operation of site-
specific post-specific specialized or crew-served weapons must be
trained and must demonstrate proficiency in the safe use of such
weapons in a tactical environment. These proficiency courses must
provide for the demonstration of skills required to support the site
security plan. Ammunition equivalent in both trajectory and recoil to
that used for duty must be used during an initial demonstration of
proficiency. A weapons proficiency demonstration means a process based
on a predetermined, objective set of criteria approved by the
respective program office in consultation with the Office of Health,
Safety and Security that results in a grade (e.g., pass/fail). The
process must ensure that an individual (or team, for crew-served
weapons) demonstrates the ability to perform all weapons-handling and
operational manipulations necessary to load, operate, and discharge a
weapon system accurately and safely (to include clearing/returning to
safe mode the weapons system at the conclusion of firing), without the
necessity for scoring targets during the course of fire. Proficiency
courses of fire must include tactically-relevant time constraints.
Demonstrations of proficiency are allowed with the actual weapon and
assigned duty load, with alternate loads (e.g., frangible or dye-
marking rounds), or with authorized weapons system simulators, as
defined in this section. Proficiency courses of fire must be tactically
relevant.
(7) Weapon system simulators may be used for training,
familiarization, and semi-annual proficiency verifications (e.g.,
engaging moving vehicles and/or aircraft). Demonstrations of
proficiency must include all weapons-handling and operational
manipulations necessary to load, operate, and discharge a weapon system
accurately and safely (to include clearing the weapon at the conclusion
of firing) according to a Departmentally-approved course of
demonstration. Weapon demonstrations of proficiency are allowed with
the same type of firearm or weapon system and ammunition equivalent in
trajectory and recoil as that authorized for duty use, or with firearms
simulators that have the features and capabilities as described in
paragraph (k)(5) of this section.
(8) Each SPO must be given a safety presentation on the basic
principles of weapons safety prior to any range activity. This does not
require that a weapons safety presentation be given for each course of
fire, but does require that prior to the start of range training or
qualification for a given period (e.g., initial qualification,
semiannual qualification, training, familiarization, proficiency
testing, or range practice) each SPO must be given a range safety
presentation.
(9) Standardized Departmentally-approved firearm/weapon
qualification courses must be used for qualification. Site-specific
conditions and deployment of specialized firearms/weapons may justify
requirements for developing and implementing supplementary special
training and proficiency courses. Proficiency courses or demonstrations
must be constrained by time limits. Where standardized Department
firearms/weapons courses do not exist for a weapons system that is
required to address site-specific concerns, both daylight and reduced
lighting site-specific qualification or proficiency courses (as
applicable) must be developed. After approval by the local officially
designated Federal security authority, the developed courses will be
submitted to the respective program office for review and approval.
(10) When qualification is prescribed, SPOs must be allowed two
attempts to qualify with assigned firearms/weapons semiannually. A
designated firearms instructor or other person in charge of the range
will ensure the shooter understands that the attempt will be for
qualification. Once this has been communicated by the firearms
instructor or person in charge, the attempt will constitute an attempt
to qualify or demonstrate proficiency. The SPO must qualify or
demonstrate proficiency during one of these attempts.
(11) Upon suspension of an SPO's authority to carry firearms, the
SPO must enter a standardized, remedial firearms/weapons training
program developed by the respective site PF contractor firearms
training staff. The remedial training program will be a combination of
basic weapon manipulation skills, firearms safety, and an additional
segment of time tailored to provide the SPO with the necessary
individual training to afford a reasonable opportunity to meet the
firearms/weapons qualification or proficiency standards.
(12) When qualification is required following the completion of the
[[Page 13227]]
remedial training course, any SPO who fails to qualify after two
subsequent attempts must lose SPO status and the authority to carry
firearms/weapons and to make arrests. When weapons-specific safety or
proficiency cannot be demonstrated, the SPO must not be assigned to
posts that require the operation of that weapon until such safety or
proficiency standards can be met.
(13) Any SPO who requires remedial training on three consecutive
semiannual qualification periods with the same type of firearm/weapon
(caliber, make, and model, but not necessarily the exact same weapon)
must be suspended from duties that require the issuance of that weapon.
If the weapon is considered a primary duty weapon, e.g., rifle or
handgun, the contractor may, at its discretion, permanently remove that
individual from SPO status based on recurring inability to maintain
qualification status. Three consecutive recurrent remediations on
specialty weapons shall result in permanent removal from duties that
require those specific weapons. The contractor may consider reinstating
an individual permanently removed from SPO status if the individual can
demonstrate the ability to pass the current Department qualification
course for that firearm with written validation from a certified
firearms instructor. All such training and validation expenses are
solely the responsibility of the SPO. If such an individual is
reinstated, the contractor must provide all other training for
returning protective force members according to the requirements of
this part and as otherwise specified by DOE.
(14) An appropriate Department record must be maintained for each
SPO who qualifies or who attempts to qualify or to demonstrate
proficiency. Records will be retained for one year after separation of
a PF member from SPO duties, unless a longer retention period is
specified by other requirements. A supervisor or a training officer
will be designated, in writing, as the individual authorized to certify
the validity of the scores.
Sec. 1046.18 Access authorization.
PF personnel must have the access authorization for the highest
level of classified matter to which they have access or SNM which they
protect. The specific level of access authorization required for each
duty assignment must be determined by the site security organization
and approved by the local officially designated Federal security
authority. At sites where access authorizations are not required, SPOs
must have at least a background investigation based upon a national
agency check with local agency and credit check (NACLC), with maximum
duration between reinvestigations not to exceed 10 years. This
background investigation must be favorably adjudicated by the
applicable Departmental field element. Those SPOs who have access to
Category I or Category II quantities of SNM with credible roll-up
potential to Category I must have and maintain a DOE ``Q'' access
authorization.
Sec. 1046.19 Medical and fitness for duty status reporting
requirements.
(a) SPOs and SOs must report immediately to their supervisor that
they have a known or suspected change in health status that might
impair their capacity for duty. To protect their medical
confidentiality, they are required only to identify that they need to
see the Designated Physician. SOs and SPOs must provide to the
Designated Physician detailed information on any known or suspected
change in health status that might impair their capacity for duty or
the safe and effective performance of assigned duties.
(b) SPOs and SOs must report to their supervisor and the Designated
Physician for a determination of fitness for duty when prescription
medication is started or a dosage is changed, to ensure that such
medication or change in dosage does not alter the individual's ability
to perform any of the essential functions of the job. SPOs and SOs must
report to their supervisor and the Designated Physician for a
determination of fitness for duty within 24 hours, and prior to
assuming duty, after any medication capable of affecting the mind,
emotions, and behavior is started, to ensure that such medication does
not alter the individual's ability to perform any of the essential
functions of the job. Where a written reasonable accommodation
determination already has been made, any additional change to an SO's
or SPO's health status affecting that accommodation must be reported to
their supervisor and the Designated Physician for a determination of
fitness for duty.
(c) Supervisory personnel must document and report to the
Designated Physician any observed physical, behavioral, or health
changes or deterioration in work performance in SPOs and SOs under
their supervision.
(d)(1) PF management must inform the Designated Physician of all
anticipated job transfers or recategorizations including:
(i) From SO to FPRS, BRS, ARS, or SRT Member;
(ii) From FPRS, to BRS, ARS or SRT Member;
(iii) From BRS to ARS to SRT Member;
(iv) From ARS to SRT Member;
(v) From SRT Member to ARS, BRS, FPRS or SO;
(vi) From ARS to BRS, FPRS, or SO;
(vii) From BRS to FPRS or SO;
(viii) From FPRS to SO; and
(ix) From PF to other assignments.
(2) For downward re-categorizations in paragraphs (d)(1)(v) through
(ix) of this section, the anticipated transfer notification must
include appropriate additional information such as the apparent
inability of the employee to perform essential functions, meet physical
readiness standards, or to serve without posing a direct threat to self
or others.
(e) The Designated Physician must notify the PPMD to ensure
appropriate medical review can be made regarding any recommended or
required changes to the PF member's status.
Sec. 1046.20 Medical records maintenance requirements.
(a) The Designated Physician must maintain all medical information
for each employee or applicant as a confidential medical record, with
the exception of the psychological record. The psychological record is
part of the medical record but must be stored separately, in a secure
location in the custody of the evaluating psychologist. These records
must be kept in accordance with DOE Privacy Act System of Records 33--
Personnel Medical Records.
(b) Nothing in this part is intended to preclude access to these
records according to the requirements of other parts of this or other
titles. Medical records maintained under this section may not be
released except as permitted or required by law.
(c) Medical records will be retained according to Paragraph 21.1,
Department of Energy, Administrative Records Schedule 1: Personnel
Records, September 2010, Revision 3 (http://energy.gov/sites/prod/files/cioprod/documents/ADM_1%281%29.pdf).
(d) When an individual has been examined by a Designated Physician,
all available history and test results must be maintained by the
Designated Physician under the supervision of the PPMD in the medical
record, regardless of whether:
(1) The individual completes the examination;
(2) It is determined that the individual cannot engage in physical
training or
[[Page 13228]]
testing and cannot perform the essential functions of the job; or
(3) It is determined that the individual poses a direct threat to
self or others.
(e) The Designated Physician will provide written work restrictions
to the affected SPO/SO and PF management. PF management must approve
and implement site-specific plans to ensure confidentiality of PF
medical information. This plan must permit access to only those with a
need to know the information and must identify those individuals by
organizational position or responsibility. The plan must adhere to all
applicable laws and regulations, including but not limited to the
Health Insurance Portability and Accountability Act of 1996 (HIPAA),
the Family and Medical Leave Act of 1993 (FMLA), and the ADA, as
amended by the ADAAA.
Sec. 1046.21 Materials incorporated by reference.
(a) General. DOE incorporates by reference the following standards
into part 1046. The material has been approved for incorporation by
reference by the Director of the Federal Register in accordance with 5
U.S.C. 552a and 1 CFR part 51. Any subsequent amendment to a standard
by the standard-setting organization will not affect the DOE
regulations unless and until amended by DOE. Material will be
incorporated as it exists on the date of the approval and a notice of
any change to the material will be published in the Federal Register.
All approved material will be available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, this material will be available
for inspection at U.S. Department of Energy, Office of Health, Safety
and Security, 1000 Independence Ave. SW., Washington, DC 20585.
Standards can be obtained from the sources below.
(b) ANSI. American National Standards Institute, 25 W. 43rd St.,
4th Floor, New York, NY 10036, 212-642-4900, or go to http://www.ansi.org.
(1) ANSI/ASA S3.6-2010 (``ANSI S3.6''), American National Standard
Specification for Audiometers, approved 2010; IBR approved for Sec.
1046.13.
(2) [Reserved].
[FR Doc. 2012-5280 Filed 3-5-12; 8:45 am]
BILLING CODE 6450-01-P