[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38195-38197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09915]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0169]


Information Collection: Fitness for Duty Programs

AGENCY: Nuclear Regulatory Commission.

ACTION: Renewal of existing information collection; request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) invites public 
comment on the renewal of Office of Management and Budget (OMB) 
approval for an existing collection of information. The information 
collection is entitled, ``Fitness for Duty Programs.''

DATES: Submit comments by July 8, 2024. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0169. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the ``For Further 
Information Contact'' section of this document.
     Mail comments to: David Cullison, Office of the Chief 
Information Officer, Mail Stop: T-6 A10M, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: David Cullison, Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2084; email: 
[email protected].

[[Page 38196]]


SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0169 when contacting the NRC 
about the availability of information for this action. Y ou may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0169. A copy of 
the collection of information and related instructions may be obtained 
without charge by accessing Docket ID NRC-2023-0169 on this website.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.
     NRC's Clearance Officer: A copy of the collection of 
information and related instructions may be obtained without charge by 
contacting the NRC's Clearance Officer, David Cullison, Office of the 
Chief Information Officer, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2084; email: 
[email protected].

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0169, in your comment submission.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. All comment submissions are 
posted at https://www.regulations.gov and entered into ADAMS. Comment 
submissions are not routinely edited to remove identifying or contact 
information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that comment submissions are not routinely edited to remove such 
information before making the comment submissions available to the 
public or entering the comment into ADAMS.

II. Background

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the NRC is requesting public comment on its intention to 
request the OMB's approval for the information collection summarized as 
follows.
    1. The title of the information collection: 10 CFR part 26, 
``Fitness for Duty Programs.''
    2. OMB approval number: 3150-0146.
    3. Type of submission: Extension.
    4. The form number, if applicable: NRC Form 890, ``Single Positive 
Test Form''; NRC Form 891, ``Annual Reporting Form for Drug and Alcohol 
Tests''; and NRC Form 892, ``Annual Fatigue Reporting Form.''
    5. How often the collection is required or requested: Annually and 
on occasion. The NRC receives reports on an annual basis that detail 
the Fitness for Duty (FFD) Program performance. The NRC also receives, 
on occasion, reports associated with FFD policy violations or 
programmatic failures. Depending on the type of violation or 
programmatic failure, the report would be made within 24 hours of the 
event occurrence, or within 30 days of completing an investigation into 
a programmatic failure.
    6. Who will be required or asked to respond: Nuclear power reactor 
licensees licensed under 10 CFR part 50, ``Domestic Licensing of 
Production and Utilization Facilities'' and 10 CFR part 52, ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants'' (except those 
who have permanently ceased operations and have verified that fuel has 
been permanently removed from the reactor); all holders of nuclear 
power plant construction permits and early site permits with a limited 
work authorization and applicants for nuclear power plant construction 
permits that have a limited work authorization under the provisions of 
10 CFR part 50; all holders of a combined license for a nuclear power 
plant issued under 10 CFR part 52 and applicants for a combined license 
that have a limited work authorization; all licensees who are 
authorized to possess, use, or transport formula quantities of 
strategic special nuclear material (SSNM) under the provisions of 10 
CFR part 70, ``Domestic Licensing of Special Nuclear Material''; all 
holders of a certificate of compliance of an approved compliance plan 
issued under 10 CFR part 76 ``Certification of Gaseous Diffusion 
Plants,'' if the holder engages in activities involving formula 
quantities of SSNM; and all contractor/vendors (C/Vs) who implement FFD 
programs or program elements to the extent that the licensees and other 
entities listed in this paragraph rely on those C/V FFD programs or 
program elements to comply with 10 CFR part 26.
    7. The estimated number of annual responses: 324,646 responses (254 
reporting responses + 49 recordkeepers + 324,343 third-party disclosure 
responses).
    8. The estimated number of annual respondents: 64,392 respondents 
(28 drug and alcohol testing programs + 21 fatigue management programs 
+ 64,343 third party respondents).
    9. The estimated number of hours needed annually to comply with the 
information collection requirement or request: 540,050 (5,301 hours 
reporting + 169,746 hours recordkeeping + 365,003 hours third-party 
disclosure)
    10. 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

[[Page 38197]]

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.

III. Specific Requests for Comments

    The NRC is seeking comments that address the following questions:
    1. Is the proposed collection of information necessary for the NRC 
to properly perform its functions? Does the information have practical 
utility? Please explain your answer.
    2. Is the estimate of the burden of the information collection 
accurate? Please explain your answer.
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection on respondents 
be minimized, including the use of automated collection techniques or 
other forms of information technology?

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through ADAMS.

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                                                               ADAMS
                  Document description                     accession No.
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Draft Supporting Statement..............................     ML24012A205
Burden Spreadsheet......................................     ML24012A206
NRC Form 890, ``Single Positive Test Form''.............     ML22321A221
NRC Form 891, ``Annual Reporting Form for Drug and           ML22321A193
 Alcohol Tests''........................................
NRC Form 892, ``Annual Fatigue Reporting Form''.........     ML22013B250
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    Dated: May 2, 2024.

    For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief Information Officer.
[FR Doc. 2024-09915 Filed 5-6-24; 8:45 am]
BILLING CODE 7590-01-P