View Information Collection Request (ICR) Package

OMB Control No: 3150-0146	ICR Reference No: 201709-3150-004
Status: Historical Active	Previous ICR Reference No: 201612-3150-005
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
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/03/2018
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/26/2017
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2021	36 Months From Approved	04/30/2018
Responses	441,843	0	411,291
Time Burden (Hours)	719,196	0	623,943
Cost Burden (Dollars)	75,581	0	67,214

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.

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:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 25345	06/01/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 43797	09/19/2017
Did the Agency receive public comments on this ICR? No

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

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

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	441,843	411,291	30,552
Annual Time Burden (Hours)	719,196	623,943	95,253
Annual Cost Burden (Dollars)	75,581	67,214	8,367

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 623,943.1 hours to 719,195.9 hours, an increase of 95,252.8 hours. Approximately 46 percent of the decrease in estimated burden in Table 2 is the result of correcting an inaccurate assumption associated with the burden for section 26.53(h), obtaining written consent from each individual before initiating any actions under Subpart C of Part 26. The previous clearance estimated that each licensee or other entity spent 30 minutes to file a signed consent form received from an individual. This assumption incorrectly included the time spent by an individual to read the consent form and sign it. The burden to read and sign the form already was accounted for as third-party disclosure burden in Table 4, Annual Third-Party Disclosure Burden. As a result, the previous clearance double counted the burden to read and sign the form – once on the recordkeeping table and once on the third-party disclosure table. For this clearance, recordkeeping burden for a licensee or other entity to file a signed consent form is estimated at 3 minutes per applicant (reduced from 30 minutes). This assumption change resulted in a decrease in estimated annual burden of 42,895 recordkeeping hours. The remaining burden change in Table 2 is the result of smaller decreases in estimated burden across a number of requirements (i.e., reductions of 1,000 hours or more for approximately 30 requirements). There was an over increase of 188,470.3 hours of annual third party disclosure burden, primarily associated with the inclusion of two information collections absent from the previous clearance. These requirements are not new, but they were newly identified as containing information collection requirements: --Adding the initial FFD policy training requirement in section 26.29(b) resulted in an increase in estimated burden of 162,439 hours. --Adding the annual refresher training on the FFD policy in section 26.29(c)(2) resulted in an increase in estimated burden of 155,899 hours. The increase in annual burden from newly identified sections 26.29(b) and 26.29(c)(2) was partially offset by a decrease in annual burden of 93,555 hours that resulted from correcting an inaccurate assumption in section 26.31(b)(1)(i), which pertained to applying for access to serve as FFD program personnel. The NRC staff estimates that annually, an average of 5 individuals per full D&A testing program will apply for authorization to serve as FFD program personnel. The previous clearance incorrectly estimated this requirement applied to all individuals applying for authorization.

Annual Cost to Federal Government: $496,080

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? Uncollected

Agency Contact: Brian Zaleski 301 287-0638 brian.zaleski@nrc.gov

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