View Information Collection Request (ICR) Package

OMB Control No: 3150-0146	ICR Reference No: 202408-3150-001
Status: Historical Active	Previous ICR Reference No: 202305-3150-001
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 26, Fitness for Duty Programs
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: 11/08/2024
	Date Received in OIRA: 08/01/2024
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	11/30/2027	36 Months From Approved	11/30/2024
Responses	324,646	0	368,703
Time Burden (Hours)	540,050	0	599,648
Cost Burden (Dollars)	20,370	0	20,909

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 10 CFR 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 10 CFR 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.

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:
	89 FR 38195	05/07/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 62805	08/01/2024
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	NRC Form 891, NRC Form 890	,
COVID-19 Work Hour Controls Exemption Request Form	Part 26 Work Hour Controls Exemption Request

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	324,646	368,703	-40	-44,017
Annual Time Burden (Hours)	540,050	599,648	-80	-59,518
Annual Cost Burden (Dollars)	20,370	20,909	0	-539

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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The total burden for Part 26 changed from 599,647.9 hours to 540,049.8 hours, a decrease of 59,598.2 hours. The responses decreased from 368,702.6 to 324,646.3, a decrease of 44,056.3 responses. Five reasons account for the changes to the total estimated burden from the previous clearance period. (1) Reactor Construction Site D&A Testing Programs (Part 26, Subpart K) The NRC anticipates that construction activities will commence at four SMR sites in 2027, the third year of this clearance period. Each SMR site is anticipated to be owned by a different licensee and therefore, each licensee will maintain one reactor construction site D&A testing program. The NRC is estimating an increase in the burden associated with the new reactor construction site D&A testing programs for this clearance period as follows: • One-time burden increase of 2,112 hours annually (Table 1), and • Annual burden increase of 1,980 hours (Tables 2 – 4). (2) Operating Nuclear Power Reactors The NRC estimates that 94 nuclear power reactors located at 53 sites (i.e., a site has one or more power reactors) will operate for the duration of this clearance period. The previous clearance included 90 operating nuclear power reactors at 51 sites. (3) D&A Testing Programs For the current clearance period, the number of D&A testing programs for operating nuclear power reactor sites, Category I SNM sites, and C/Vs is estimated to remain the same as in the prior clearance period at 24 programs. No changes to the number of D&A testing programs resulted from the Byron and Dresden reactor sites that were assumed to enter decommissioning under the previous clearance but subsequently continued operating because each site is part of a corporate fleet with multiple sites that continue to operate (i.e., Constellation). (4) Fatigue Management Programs (Part 26, Subpart I) In the previous clearance period, the estimated burden for Part 26 activities included the submission and review of COVID-19 health emergency exemption requests. The COVID-19 public health emergency declaration ended on May 11, 2023. As a result, the annual burden associated with these fatigue management COVID-19 exemption requests has been eliminated from the current clearance period, which resulted in a decrease in estimated annual reporting burden in Table 3 of 80 hours. This submission requests the discontinuance of the COVID-19 related fatigue forms. The forms will be removed from the NRC website upon approval of this clearance. (5) Drug Testing Laboratories A licensee or other entity may use a licensee testing facility (LTF) to conduct initial drug and validity testing (as permitted under Part 26, Subpart F), but must use an HHS lab to conduct confirmatory drug and validity testing of specimens. Since the last clearance period, the three remaining sites that utilized LTFs have transitioned to only conducting drug testing at HHS labs. As a result, the number of sites using an LTF has decreased from 3 to 0. NRC staff knowledge of current industry practice does not suggest any change in the number of LTFs during the current clearance period. The transition to only using HHS labs to conduct drug and validity testing of specimens has eliminated the estimated annual burden for licensees using LTFs as reflected in Table 2 from 3,339 hours to 0 hours. The burden incurred by the 3 licensee sites that transitioned from using LTFs to only conducting testing at HHS labs for these licensees is now solely captured by the applicable requirements in Table 2 for sites only using HHS labs for specimen testing. Finally, the NRC’s fee rate changed since the last clearance period, increasing from $279 to $300 per hour.

Annual Cost to Federal Government: $363,925

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

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

View ICR - OIRA Conclusion