10 CFR 26, Fitness for Duty Programs

Forms and Documents

Document Name	Status
Form NRC Form 890 10 CFR 26, Fitness for Duty Program Form and Instruction	Unchanged
Form NRC Online Form Fo COVID-19 WORK HOUR CONTROLS EXEMPTION REQUEST FORM Form	New
Part 26 Emergency Request Justification .docx Supplementary Document	2020-04-15
FINAL_PART 26 Supporting Statement.docx Supporting Statement A	2017-09-26

IC Document Collections

IC ID	Document Title	Status
33422	10 CFR 26, Fitness for Duty Program Form and Instruction	Unchanged
241349	COVID-19 WORK HOUR CONTROLS EXEMPTION REQUEST FORM Form	New

ICR Details

OMB Control No: 3150-0146	ICR Reference No: 202004-3150-003
Status: Active	Previous ICR Reference No: 201709-3150-004
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: Emergency	Approval Requested By: 04/16/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/16/2020
	Date Received in OIRA: 04/15/2020
Terms of Clearance: In accordance with 5 CFR 1320.13, this information collection is approved for 6 months as an emergency clearance to simplify the submission process for respondents affected by COVID-19. If NRC decides to continue use of the online form past the approved emergency clearance time period, it must resubmit an ICR to OMB under the normal PRA clearance process.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2020	6 Months From Approved	04/30/2021
Responses	441,883	0	441,843
Time Burden (Hours)	719,276	0	719,196
Cost Burden (Dollars)	75,581	0	75,581

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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.

Emergency Justfication: The NRC is requesting emergency review of the information collection because this information is essential to the mission of the agency and is needed before the expiration of the normal time limits under the Office of Management and Budget’s regulations at 5 CFR 1320 that implement the provisions of the Paperwork Reduction Act of 1995. The NRC cannot reasonably comply with the normal clearance procedures because an unanticipated event (COVID-19 PHE) has occurred. The information being collected is the minimum necessary to allow NRC staff to ensure that requested exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

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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:
	Not associated with 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: 2

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
COVID-19 WORK HOUR CONTROLS EXEMPTION REQUEST FORM	NRC Online Form For Part 26 Exemptions	COVID-19 WORK HOUR CONTROLS EXEMPTION REQUEST FORM

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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	441,883	441,843	0	40	0	0
Annual Time Burden (Hours)	719,276	719,196	0	80	0	0
Annual Cost Burden (Dollars)	75,581	75,581	0	0	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The burden increase is due to the need to collect additional information to support the review and approval exemption requests related to the COVID-19 Public Health Emergency.

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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

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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: 04/15/2020

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