Information collections contained in 10 CFR Part 26, Fitness for Duty Drug Testing Requirements Final Rule

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
254612	10 CFR Part 26	Form	New

ICR Details

OMB Control No:	ICR Reference No: 202207-3150-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: NRC	Agency Tracking No:
Title: Information collections contained in 10 CFR Part 26, Fitness for Duty Drug Testing Requirements Final Rule
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/13/2022

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	2,046	0
Time Burden (Hours)	1,672	0
Cost Burden (Dollars)	129	0

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Abstract: The information collection contained in 10 CFR part 26 is impacted by the revision of existing and addition of new requirements to align the NRC’s drug testing requirements more closely with updates made to the HHS Guidelines. The NRC updated the drug testing panel and lowered the testing cutoff levels for some drugs tested, which impacts the existing information collections contained in 10 CFR part 26, because additional individuals will likely test positive for drugs. Additional positive test results will increase the costs associated with the recordkeeping and reporting requirements applicable to licensees and other entities. In addition, the NRC is including new information collection requirements in §§ 26.107(d), 26.157(a), 26.165(b)(2), 26.165(f)(1) and 26.185(f)(3). This information will be used by the NRC to uniformly address subversion attempts identified at the collection site (§ 26.107(d)), clarify that HHS-certified laboratories are to maintain testing procedures specific to 10 CFR part 26 (§ 26.157(a)), permit the MRO to initiate retesting of a donor specimen upon receiving an oral request from the donor and maintaining a record of receiving that request (§ 26.165(b)(2)), document the existing process that the MRO is to report a cancelled test result to the licensee or other entity if the results of specimen retesting fail to confirm the test results from the initial laboratory (§ 26.165(f)(1)), and establish procedures to review invalid specimen test results due to high pH values (§ 26.165(f)(3)). In addition, the NRC updated NRC Form 890, “Single Positive Test Form,” and NRC Form 891, “Annual Reporting Form for Drug and Alcohol Tests,” to reflect the requirements of this final rule. Confidential and proprietary information submitted to the NRC is protected in accordance with NRC regulations at §§ 9.17(a) and 2.390(b). NOTE: The current submission is a request for a new clearance number, to be discontinued once the burden and associated information collections can be transferred into 3150-0146, the clearance for information collections contained in 10 CFR Part 26.

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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:
3150-AI67	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
10 CFR Part 26	NRC Form 890, NRC Form 891	Annual Reporting Form for Drug and Alcohol Tests ,   Single Positive Test Form

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ICR Summary of Burden

table that charts list 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	2,046	0	0	2,046	0	0
Annual Time Burden (Hours)	1,672	0	0	1,672	0	0
Annual Cost Burden (Dollars)	129	0	0	129	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The estimated burden of the information collections contained in the final rule is 1,672 hours. This estimate is comprised of one-time and annual requirements of the final rule. The final rule aligns the NRC’s drug testing requirements more closely with updates made to the U.S. Department of Health and Human Services “Mandatory Guidelines for Federal Workplace Drug Testing Programs” in 2008 and as revised in 2017. The final rule does not increase the number of specimens collected for drug testing by licensees and other entities, but due to the changes in the drug testing panel, it will result in licensees and other entities documenting an estimated 176 additional individuals per year that test positive for one or more drugs, or are identified attempting to subvert the drug testing process, as well as the actions taken in response to these testing events. In addition, the final rule changes require licensees and other entities to: (1) update FFD program policies and procedures; (2) inform existing employees on the FFD program testing policy changes; and (3) revise contracts with HHS-certified laboratories and BPTS suppliers. NOTE: The current submission is a request for a new clearance number, to be discontinued once the burden and associated information collections can be transferred into 3150-0146, the clearance for information collections contained in 10 CFR Part 26.

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Annual Cost to Federal Government:

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? No

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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: 07/13/2022

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