10 CFR 26, Fitness for Duty Programs

Forms and Documents

Document Name	Status
Form NRC Form 892 10 CFR 26, Fitness for Duty Program Form	Modified
NRC Forms 890 & 891 - Nonsubstantive Change Request final.docx Justification for No Material/Nonsubstantive Change	2016-12-20

IC Document Collections

IC ID	Document Title	Status
33422	10 CFR 26, Fitness for Duty Program Form	Modified

ICR Details

OMB Control No: 3150-0146	ICR Reference No: 201612-3150-005
Status: Historical Active	Previous ICR Reference No: 201407-3150-007
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 26, Fitness for Duty Programs
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/29/2016
	Date Received in OIRA: 12/20/2016
Terms of Clearance: In accordance with 5 CFR 1320, the information collection request is approved for three years. OMB requests that when the agency submits the package for renewal that it conduct consultations with up to 9 outside entities and incorporate those findings into the ICR package.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2017	11/30/2017	11/30/2017
Responses	411,291	0	411,291
Time Burden (Hours)	623,943	0	623,943
Cost Burden (Dollars)	67,214	0	67,214

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Abstract: The NRC regulations in 10 CFR Part 26 prescribe requirements to establish, implement, and maintain FFD programs at affected licensees and other entities. The objectives of these requirements are to provide reasonable assurance that persons subject to the rule are trustworthy, reliable, and not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way could adversely affect their ability to safely and competently perform their duties. These requirements also provide reasonable assurance that the effects of fatigue and degraded alertness on individual's abilities to safely and competently perform their duties are managed commensurate with maintaining public health and safety. The information collections required by Part 26 are necessary to properly manage FFD programs and to enable effective and efficient regulatory oversight of affected licensees other entities. These licensees and other entities must perform certain tasks, maintain records, and submit reports to comply with Part 26 drug and alcohol provisions and fatigue management requirements. These records and reports are necessary to enable regulatory inspection and evaluation of a licensee's or entity's compliance with NRC regulations, its FFD performance, and of any significant FFD-related event to help maintain public health and safety, promote the common defense and security, and protect the environment.

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Authorizing Statute(s): PL: Pub.L. 83 - 703 68 STAT 919 Name of Law: Atomic Energy Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 9489	02/19/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 42376	07/21/2014
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
10 CFR 26, Fitness for Duty Program	NRC Form 892, NRC Form 891, NRC Form 890	Annual Fatigue Reporting Form ,   Single Positive Test Form ,   Annual Reporting Form for Drug and Alcohol Tests

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	411,291	411,291	0	0	0	0
Annual Time Burden (Hours)	623,943	623,943	0	0	0	0
Annual Cost Burden (Dollars)	67,214	67,214	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The total burden for Part 26 changed from 667,080.6 hours to 623,943.1 hours, a decrease of 43,137.5 hours. Changes to the total burden are based on the following 11 reasons: (1) Separating Drug and Alcohol Programs from Fatigue Management Programs, (2) Additional Reactor Construction Sites – Subpart K Drug and Alcohol Programs, (3) Reassessment of Corporate-based FFD Programs for Multiple Facilities, (4) Decrease in the number of Operating Commercial Nuclear Power Reactors (5) Reduction in the number of Fatigue Management Programs, (6) Two newly identified Third-Party Burdens, (7) Burden Consolidation, (8) Inclusion of burdens for a Mixed-Oxide (MOX) Fuel Fabrication Facility, (9) An increase of two HHS-certified Laboratories, (10) A decrease in the number of Licensee Testing Facilities (LTFs) from 31 to 7, and (11) Voluntary Use of NRC's FFD Program Performance Electronic Reporting Forms. This clearance also includes three electronic reporting forms (i.e., e-forms) that have been developed by the NRC, with input from the industry, to improve reporting efficiency: • NRC Form 890, "Single Positive Test Form;" • NRC Form 891, "Annual Reporting Form for Drug and Alcohol Tests;" and • NRC Form 892, "Annual Fatigue Reporting Form." This renewal represents the first submission of these forms to OMB. The e-forms facilitate consistency and accuracy through the use of a fill-in-the-blank format and drop-down menus. The forms provide a voluntary alternative means of reporting information required under 26.717 for drug and alcohol tests and 26.203(e) for fatigue and work hour controls. Licensees may still report this information in any format they choose; however, the forms provide a more efficient and standardized way or reporting should licensees choose to use them. The time to complete the forms is based on the estimates established for the associated requirements in the previous clearance package (2011-2014 clearance period).

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Annual Cost to Federal Government: $845,104

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/20/2016

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