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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3150-0146
ICR Reference No:
200711-3150-002
Status:
Historical Active
Previous ICR Reference No:
200509-3150-005
Agency/Subagency:
NRC
Agency Tracking No:
Title:
10 CFR 26, Fitness for Duty Program
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
02/15/2008
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/14/2007
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2011
36 Months From Approved
11/30/2008
Responses
580,986
0
1,350
Time Burden (Hours)
871,261
0
61,143
Cost Burden (Dollars)
209,186
0
5,000
Abstract:
The complete revision to 10 CFR 26 contains NRC's requirements and standards for the establishment, implementation, and maintenance of FFD programs. The mandatory recordkeeping and reporting requirements include provisions requiring licensees and other entities to develop and maintain policies and procedures; retain records of training, qualification and authorization of individuals; retain records related to drug and alcohol collections and tests; retain other records related to the collection, testing, and review processes; report FFD program performance and significant violations, program failures and testing errors; and retain records related to employee assistance programs. Records and reports are also required under the proposed new fatigue management component of the FFD program. The NRC would use the reports to assess the effectiveness of FFd programs for those subject to the rule, and to ensure the provisions are implemented as the NRC intends.
Authorizing Statute(s):
PL:
Pub.L. 83 - 703 68 STAT 919
Name of Law: Atomic Energy Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3150-AF12
Final or interim final rulemaking
70 FR 50442
08/26/2005
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
10 CFR 26, Fitness for Duty Program
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
580,986
1,350
0
579,636
0
0
Annual Time Burden (Hours)
871,261
61,143
0
870,591
-60,473
0
Annual Cost Burden (Dollars)
209,186
5,000
0
204,186
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:
NRC is amending its regulations for Fitness for Duty(FFD) programs to update these requirements and enhance consistency with advances in other relevant Federal rules and guidelines, including the U.S. Department of Health and Human Services(DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs, and other Federal drug and alcohol testing programs that impose similar requirements on the private sector. The amendments require nuclear power plant licensees and other entities, including facilities possessing Category 1A material, to strengthen the effectiveness of their FFD programs. In addition, the amendments require nuclear power plant licensees and other entities to ensure consistency with the NRCs access authorization requirements for nuclear power plants. The amendments also require nuclear power plant licensees to ensure against worker fatigue adversely affecting public health and safety and the common defense and security by establishing clear and enforceable requirements for the management of worker fatigue. The final rule ensures that individuals who are subject to these regulations are trustworthy and reliable, as demonstrated by avoiding substance abuse; are not under the influence of drugs or alcohol while performing their duties; and are not mentally or physically impaired from any other cause that would in any way adversely affect their ability to perform their duties safely and competently. The final rule creates significantly more detailed requirements pertaining to the FFD authorization process for individuals to ensure consistency with the NRCs access authorization requirements for nuclear power plants established in 10 CFR 73.56, as supplemented by orders to nuclear power plant licensees dated January 7, 2003. It also includes more detailed requirements pertaining to the specimen collection and testing process to increase consistency with other relevant Federal rules and guidelines, including the DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs (DHHS Guidelines). The final rule includes a new subpart addressing requirements for HHS-certified laboratories, adds requirements for confirmatory drug and alcohol testing and verification testing, and expands and makes more explicit the requirements for licensee testing facilities. The burden estimate for the final rule captures significant third-party collections associated with the reporting and recordkeeping for the drug and alcohol testing activities that were not captured in the previous rule. Experience from the implementation of the current FFD rule, information obtained from stakeholders, and information obtained from sources such as the DHHS National Laboratory Certification Program has led the NRC to revise its estimates of the burden of certain activities. The NRC typically uses a formula to compute other additional cost, which is recordkeeping burden X .0004 x $258/hr. In this rulemaking the cost increased significantly from $5K to $209K, because of an increase in hourly cost from $205/hr to $258/hr; an increase in recordkeeping hours; a one-time recordkeeping burden; the capture of 3rd party recordkeeping hours and the purchase of new equipment. The regular recordkeeping burden is an estimated 527,046 hours (412,448 hours regular recordkeeping plus 114,598 one-time only hours) and has an estimated additional cost of $54,391. In addition, 20 FFD programs are expected to purchase 2 evidentiary breath testing devices (EBT) each at an estimated additional cost of $120,000 (20 programs x 2 EBTs x $3,000 per device), of which this cost will be added to the recordkeeping cost resulting in a total additional cost of $174,391. The 3rd party recordkeeping hours are estimated to be 337,162 hours, which results in an estimated additional cost of $34,795. Thus, the overall total additional cost for this rulemaking is $209,186 ($54,391 + $120,000 + $34,795).
Annual Cost to Federal Government:
$1,044,384
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]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
David Diec 301 415-2834 dtd@nrc.gov
Common Form ICR:
No
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:
11/14/2007