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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:
201808-3150-006
Status:
Historical Active
Previous ICR Reference No:
201707-3150-001
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:
Approved with change
Conclusion Date:
12/14/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/28/2018
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
12/31/2021
36 Months From Approved
12/31/2018
Responses
177,986
0
155,060
Time Burden (Hours)
541,406
0
551,995
Cost Burden (Dollars)
438,400
0
52,718
Abstract:
The NRC regulations in 10 CFR Part 73 prescribe requirements to establish and maintain a physical protection system and security organization with capabilities for protection of: (1) special nuclear material (SNM) at fixed sites, (2) SNM in transit, and (3) plants in which SNM is used. Part 73 of 10 CFR contains reporting and recordkeeping requirements which are necessary to help ensure that an adequate level of protection is provided for nuclear facilities and nuclear material, such as: development and maintenance of security documents including a physical security plan, a training and qualification plan, a safeguards contingency plan, a cyber security plan, and security implementing procedures; notifications to the NRC regarding safeguards and cyber security events; notifications to state governors and tribes of shipments of irradiated reactor fuel; and requirements for conducting criminal history records checks of individuals granted unescorted access to a nuclear power facility, a non-power reactor, or access to Safeguards Information. The objective is to ensure that activities involving special nuclear material are consistent with interests of common defense and security and that these activities do not constitute an unreasonable risk to public health and safety. The information in the reports and records submitted by licensees is used by the NRC staff to ensure that the health and safety of the public and the environment are protected, and licensee possession and use of special nuclear material is in compliance with license and regulatory requirements.
Authorizing Statute(s):
PL:
Pub.L. 109 - 58 119
Name of Law: Energy Policy Act of 2005
PL:
Pub.L. 83 - 703 149
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:
83 FR 13801
03/30/2018
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 40358
08/14/2018
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 73, Physical Protection of Plants and Materials
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
177,986
155,060
0
-200
23,126
0
Annual Time Burden (Hours)
541,406
551,995
0
0
-10,589
0
Annual Cost Burden (Dollars)
438,400
52,718
0
388,340
-2,658
0
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 estimated burden has decreased from 551,995 hours to 541,406 hours, for a total decrease of 10,589 hours. Reasons for the change are as follows: Removal of burden for completed requirements: A number of one time requirements were contained in the Power Reactor Cyber Security Requirements, Final Rule (approved by OMB in October 2015). An estimated 8,103 hours of burden were reduced to the completion of one-time requirements associated with this rule. In addition, 789 hours of burden associated with the research and test reactor (i.e., non-power reactor) confirmatory action letter (CAL) has been removed. Confirmatory action letter implementation plans were submitted for this CAL when the compensatory measures were first issued back in 2003 and 2005 and there are currently no ongoing submissions. Compensatory measures have been incorporated into the PSP. Burden for ongoing recordkeeping is captured under estimates to establish and maintain NRC-approved physical protection, training and qualification and SCPs. Change in the number of licensees: The previous renewal listed 61 power reactor sites, 4 decommissioning reactor facilities, and 20 category II and III facilities. The current totals are 60 power reactor sites, 10 decommissioning sites, and 4 category II and III facilities. As a result, the burden decreased. The NRC staff corrected the total number of respondents to the 10 CFR Part 73 information collection. The previous submission included 200 state contacts; however, no 10 CFR Part 73 requirements apply to these entities. The total number of respondents was reduced from 581 to 210. This did not affect the overall burden because, although they were previously reported as respondents in the supporting statement, the 200 state contacts were not included in the previous burden tables. Some requirements were identified as third-party disclosure requirements that were previously listed on the reporting and recordkeeping tables. For example, requirements to label documents as containing SGI were moved from the recordkeeping table to the third-party disclosure table. As a result, the burden on the reporting and recordkeeping tables decreased, while the burden on the third party disclosure table increased. Overall, this did not affect the total burden for the 10 CFR Part 73 information collection; however, this greatly increased the number of responses. These requirements, when included on the recordkeeping table, did not add any additional recordkeeping responses (each record keeper is counted only once). When each disclosure is counted on the third-party disclosure table, the number of responses greatly increased. The number of third-party disclosures increased by 13,271 responses. There is a change in additional costs because the licensee cost to submit fingerprint cards for processing (a cost of $388,340) has been included in the current submission. Fees for fingerprint processing ($10 per card) were not included in the previous submission for this information collection.
Annual Cost to Federal Government:
$1,183,500
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:
Al Tardiff 301 287-3613
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:
08/28/2018