(a)

1. (1) The licensee or other entity must establish, implement, and maintain an FFD program under this paragraph (a) before the start of—

   1. (i) Construction activities as defined in § 26.5;
   2. (ii) Activities performed under an ML that authorizes the assembly, non-operational testing, or both of a manufactured reactor; or
   3. (iii) Activities described in paragraphs (a)(1)(i) and (ii) of this section.

2. (2) An FFD program under this paragraph (a) must—

   1. (i) Apply to those individuals described in § 26.4, as applicable; and,

   2. (ii) Implement the following requirements and subparts:

      1. (A) Section 26.23, for performance objectives;

      2. (B) Section 26.35, for employee assistance programs:

         (1) For licensees and other entities who demonstrate compliance with § 73.100(a)(1)(i) of this chapter, § 26.35 must be implemented before the earliest occurrence of the following, as applicable: the loading of fuel onsite into a reactor vessel; receiving a fueled manufactured reactor; or individuals subject to this part operate, test, perform maintenance of, or direct the maintenance or surveillance of security-related equipment or equipment that a risk-informed evaluation process has shown to be significant to public health and safety; and

         (2) For licensees and other entities that do not demonstrate compliance with § 73.100(a)(1)(i) of this chapter, § 26.35 must be implemented before the start of activities performed under an ML that allows the assembly, non-operational testing, or both, of a manufactured reactor;

      3. (C) Section 26.603, for general provisions;
      4. (D) Section 26.606, for written policy and procedures;
      5. (E) Section 26.607, for drug and alcohol testing;
      6. (F) Section 26.608, for FFD program training;
      7. (G) Section 26.609, for behavioral observation;
      8. (H) Section 26.610, for sanctions;
      9. (I) Section 26.611, for protection of information;
      10. (J) Section 26.613, for the appeals process;
      11. (K) Section 26.615, for audits;
      12. (L) Section 26.617, for recordkeeping, reporting, and FFD program performance;
      13. (M) Section 26.619, for suitability and fitness determinations;
      14. (N) Subpart A, for administrative provisions;
      15. (O) Subpart I, for managing fatigue, in the case of holders of an ML that allows the assembly, non-operational testing, or both of a manufactured reactor; and
      16. (P) Subpart O, for inspections, violations, and penalties.

(b)

1. (1) Except for a licensee or other entity that demonstrates compliance with § 73.100(a)(1)(i) of this chapter and elects to implement an FFD program that satisfies the requirements of this paragraph (b), for which its FFD program must be established, implemented, and maintained no later than the start of construction activities, as defined in § 26.5, and except for holders of manufacturing licenses if they possess a separate license to load fuel into a manufactured reactor, for which its FFD program under this paragraph (b) must be established, implemented, and maintained no later than the start of the loading of fuel into the reactor, the licensee or other entity must establish, implement, and maintain an FFD program under this paragraph (b) before the earliest occurrence of the following, as applicable:

   1. (i) The loading of fuel onsite into a reactor vessel;
   2. (ii) Receiving a fueled manufactured reactor; and
   3. (iii) Individuals subject to this part operate, test, perform maintenance of, or direct the maintenance or surveillance of security-related equipment or equipment that a risk-informed evaluation process has shown to be significant to public health and safety.

2. (2) An FFD program under this paragraph (b) must—

   1. (i) Apply to those individuals described in § 26.4, as applicable; and

   2. (ii) Implements the following requirements and subparts:

      1. (A) Section 26.23, for performance objectives;
      2. (B) Section 26.35, for employee assistance programs;
      3. (C) Section 26.603, for general provisions;
      4. (D) Section 26.606, for written policy and procedures;
      5. (E) Section 26.607, for drug and alcohol testing;
      6. (F) Section 26.608, for FFD program training;
      7. (G) Section 26.609, for behavioral observation;
      8. (H) Section 26.611, for protection of information;
      9. (I) Section 26.613, for the appeals process;
      10. (J) Section 26.615, for audits;
      11. (K) Subpart A, for administrative provisions;
      12. (L) Subpart C, for granting and maintaining authorization;
      13. (M) Subpart D, for management actions and sanctions to be imposed;
      14. (N) Subpart H, for determining fitness-for-duty Policy violations and determining fitness, unless using the Mandatory Guidelines for Federal Workplace Drug Testing Programs (the HHS Guidelines) for Medical Review Officer (MRO) evaluation of drug test results, and determining fitness;
      15. (O) Subpart I, for managing fatigue;
      16. (P) Subpart N, for recordkeeping and reporting requirements; and
      17. (Q) Subpart O, for inspections, violations, and penalties.