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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:
3150-0002
ICR Reference No:
201010-3150-002
Status:
Historical Inactive
Previous ICR Reference No:
200904-3150-001
Agency/Subagency:
NRC
Agency Tracking No:
Title:
10 CFR 73, Physical Protection of Plants and Materials
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
11/15/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/05/2010
Terms of Clearance:
In accordance with 5 CFR 1320, comment filed on proposed rule. Agency will address comments at final rule stage and will indicate in the future whether the collection is associated with a proposed or final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2012
03/31/2012
03/31/2012
Responses
182,119
0
182,119
Time Burden (Hours)
1,005,313
0
1,005,313
Cost Burden (Dollars)
91,332
0
91,332
Abstract:
10 CFR Parts 73, Physical Protection of Irradiated Reactor Fuel in Transit, Proposed Rule The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to enhance the requirements for the safety and security of spent nuclear fuel during transit and to make these applicable to all licensees by placing them in the 10 CFR. The proposed rulemaking would establish the minimum performance standards and objectives for the protection of spent nuclear fuel shipments from theft, diversion or radiological sabotage. The proposed amendments would affect licensees authorized to possess or transport spent nuclear fuel.
Authorizing Statute(s):
PL:
Pub.L. 83 - 703 68 STAT 919
Name of Law: Atomic Energy Act
PL:
Pub.L. 109 - 58 119 STAT 594
Name of Law: Energy Policy Act of 2005
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3150-AI64
Proposed rulemaking
75 FR 62695
10/13/2010
Federal Register Notices & Comments
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 73, Physical Protection of Plants and Materials
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:
After the attacks of September 11, 2001, the NRC reevaluated its security requirements for SNF in transit. From this effort, additional measures were identified that would improve security. The additional security measures deemed immediately necessary were issued as orders and supplemented existing regulations. The proposed revisions of the regulations are based on the NRC efforts undertaken since the events of September 11, 2001, including issuance of additional security requirements by orders, and insights gained from implementation of the orders. The proposed rule will increase the reporting, recordkeeping, and third party notification requirements by 1,058 hours from 1,005,313 to 1,006,371. Section 73.37(b)(1)(iv) is a new third party notification requirement to the impacted states. It requires licensees to Preplan and Coordinate SNF with the governor of a State, or the governor's designee, of a shipment of SNF through, or across their boundary. The NRC estimates on average each shipment will cross the border into five states. This is a new requirement with a burden of 3 hours per each state, there are a total of 100 l states who will be notified for the 20 shipments. This is an annual burden of 300 hours. Section 73.37 (b)(1)(vi) is a new reporting requirements on the pre-planning coordination with the NRC. It requires licensees to Preplan and coordinate with the NRC to obtain advance approval of the routes used for road and rail shipments of SNF, and of any U.S. ports where vessels carrying spent fuel shipments are scheduled to stop. This is estimated to be 25 hours per shipment for a total new reporting burden of 500 hours annually. Section 73.37 (b)(2)(i-iii) is a new third party notification and reporting requirement for the advance written notification to the NRC and the States. It requires the written advance notification to the NRC and States of the estimated 20 shipments per year to an average of five states and to the NRC. This will require a total of 120 written notifications with each notification estimated to take 30 minutes, for a total of 60 hours of annual burden. The NRC estimates this to be a total of 60 hours of annual burden. Section 73.37(b)(2)(vi) places a new recordkeeping requirement on the pre-planning, and required notifications. It requires licensees to retain a copy of the preplanning and coordination activities, advance notification, and any revision or cancellation notice as a record for 3 years. The NRC estimates this additional burden to be 60 hours annually. Section 73.38(d) places a new reporting requirement for licensees to conduct background investigations before allowing an individual to act as an armed escort or have unescorted access to spent reactor fuel in transit. The NRC estimates it will take 6 hours for the individual to complete the paperwork. The NRC estimates that each of the 18 licensees will experience turnover requiring 1 new background investigations annually for a total of 18 background investigations each year. The NRC estimates this additional burden to be 108 hours annually. Sections 73.37(b)(2)(v), 73.38(a)(1), 73.38(b)(5), 73.72(a)(4)(i)-(iii), and 73.72(b) are new recordkeeping and reporting requirement for licensees that require minimum burden changes. These sections require the licensee to maintain records of background investigations 5 years from the date the individual no longer requires access to spent nuclear fuel. They also require a copy of the access authorization program procedures as a record for 5 years after it is no longer needed. In addition, the licensee must retain the list of persons approved for unescorted access for 5 years after the list is superseded or replaced. The total annual burden for this proposed rule is 1,058 (641 reporting hours+ 65.5 recordkeeping hours + 352 third party hours). The total annualized burden cost for this proposed rule is $271,901.
Annual Cost to Federal Government:
$154,200
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]?
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:
Cardelia Maupin 301 415-2312
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:
11/05/2010
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