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
Form Part 26 Work Hour COVID-19 Work Hour Controls Exemption Request Form Form	Modified
Part 26 supporting statement FINAL.docx Supporting Statement A	2021-03-16
Part 26 supporting statement burden spreadsheet.xlsx Supplementary Document	2021-03-16

IC Document Collections

IC ID	Document Title	Status
33422	10 CFR 26, Fitness for Duty Program Form	Modified
241349	COVID-19 Work Hour Controls Exemption Request Form Form	Modified

ICR Details

OMB Control No: 3150-0146	ICR Reference No: 202103-3150-003
Status: Received in OIRA	Previous ICR Reference No: 202009-3150-002
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 26, Fitness for Duty Programs
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/17/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2021
Responses	366,657	441,883
Time Burden (Hours)	597,976	719,276
Cost Burden (Dollars)	20,780	75,581

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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 and other entities. These licensees and other entities must perform certain tasks, maintain records, and submit reports to comply with Part 26 drug and alcohol and fatigue management requirements. These records and reports are necessary to enable regulatory inspection and evaluation of a licensee’s or other entity’s compliance with NRC regulations, FFD performance, and significant FFD-related events 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:
	85 FR 71109	11/06/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 14649	03/17/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
10 CFR 26, Fitness for Duty Program	NRC Form 890, NRC Form 891, NRC Form 892	Annual Fatigue Reporting Form ,   Single Positive Test Form ,   Annual Reporting Form for Drug and Alcohol Tests
COVID-19 Work Hour Controls Exemption Request Form	Part 26 Work Hour Controls Exemption Request	COVID-19 WORK HOUR CONTROLS EXEMPTION REQUEST FORM

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ICR Summary of Burden

	Total Request	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	366,657	441,883	0	0	-75,226	0
Annual Time Burden (Hours)	597,976	719,276	0	0	-121,300	0
Annual Cost Burden (Dollars)	20,780	75,581	0	0	-54,801	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: Five reasons account for the changes to the total estimated burden from the prior clearance period. (1) Reactor Construction Site D&A Testing Programs (Part 26, Subpart K). The NRC anticipates that construction activities at Vogtle (Units 3 and 4), which began in 2009, will be completed prior to or within the first year of the current clearance period. The previous clearance also included the two units under construction at V.C. Summer (Units 2 and 3), however, construction permanently ceased on these units in 2017. (2) Operating Nuclear Power Reactors. The NRC estimates that 90 nuclear power reactors located at 51 sites (i.e., a site has one or more power reactors) will continue to operate for the duration of this clearance period. An additional 5 nuclear power reactors located at 3 sites will permanently cease operating within the first year of this clearance period. Therefore, in the first year of this clearance period, up to 95 nuclear power reactors located at 54 sites will be operating. The previous clearance included 99 operating nuclear power reactors. (3) D&A Testing Programs. For the current clearance period, the number of D&A testing programs has decreased from 26 to 24. (4) Fatigue Management Programs (Part 26, Subpart I). In previous clearance periods, the estimated burdens for Part 26 activities associated with Subpart I requirements were primarily calculated on a fatigue management program basis. In this clearance, the NRC has chosen to calculate the burden, when possible, by operating reactor site, which is a more precise method to apportion burden to activities incurred by licensees. This calculation change does not impact the overall estimated burden. (5) Licensee Testing Facilities (LTFs). Since the last clearance period, one D&A testing program with three sites utilizing LTFs is now only conducting drug testing at HHS-certified laboratories. As a result, the number of sites with an LTF has decreased from 6 to 3.

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Annual Cost to Federal Government: $478,578

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? Yes

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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: 03/17/2021

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