Information collections
contained in 10 CFR Part 26, Fitness for Duty Drug Testing
Requirements Final Rule
New
collection (Request for a new OMB Control Number)
No
Regular
07/13/2022
Requested
Previously Approved
36 Months From Approved
2,046
0
1,672
0
129
0
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.
Annual Reporting Form for Drug and Alcohol Tests ,
Single Positive Test Form
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
Yes
Changing
Regulations
No
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.
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:
(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;
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.
10 CFR Part 26