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OMB Control No: 3150-0214	ICR Reference No: 201304-3150-001
Status: Historical Active	Previous ICR Reference No: 201203-3150-003
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR Part 37, Physical Protection of Byproduct Material
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/09/2013
	Date Received in OIRA: 04/09/2013
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection between this date and the publication of the final rule in the Federal Register. If there are substantive changes made to this collection during this interim period, NRC should submit the collection to OMB for review. Additionally, OMB requests the agency to update the Federal Register notice information in this collection once the final rule is published in the Federal Register.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2016	36 Months From Approved
Responses	83,796	0	0
Time Burden (Hours)	139,109	0	0
Cost Burden (Dollars)	529,137	0	0

Abstract: FINAL RULE "10 CFR Parts 30, 32, 33, 34, 35, 36, 37, 39, 51, 71, and 73, Physical Protection of Byproduct Material." The NRC is amending its regulations to establish security requirements for the use and transport of category 1 and category 2 quantities of radioactive material. The NRC considers these quantities to be risk significant and, therefore, to warrant additional protection. Category 1 and category 2 thresholds are based on the quantities established by the International Atomic Energy Agency (IAEA) in its Code of Conduct on the Safety and Security of Radioactive Sources, which the NRC endorses. The objective of this final rule is to provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material. The regulations also include security requirements for the transportation of irradiated reactor fuel that weighs 100 grams or less in net weight of irradiated fuel. The final rule would require licensees to: (1) develop procedures for implementation of the security provisions; (2) develop a security plan that describes how security is being implemented; (3) conduct training on the procedures and security plan; (4) conduct background investigations for those individuals permitted access to category 1 or category 2 quantities of radioactive material; (5) coordinate with LLEAs so the LLEAs would be better prepared to respond in an emergency; (6) conduct preplanning and coordination activities before shipping radioactive material; and (7) implement security measures for the protection of the radioactive material. Licensees would be required to promptly report any attempted or actual theft or diversion of the radioactive material. Licensees would be required to keep copies of the security plan, procedures, background investigation records, training records, and documentation that certain activities have occurred.

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: PL: Pub.L. 83 - 703 149 Name of Law: Atomic Energy Act

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3150-AI12	Final or interim final rulemaking	78 FR 16922	03/19/2013

Federal Register Notices & Comments
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 Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material	FD-258

ICR Summary of Burden

	Total Approved	Change Due to New Statute	Change Due to Agency Discretion
Annual Number of Responses	83,796	15,400	68,396
Annual Time Burden (Hours)	139,109	48,953	90,156
Annual Cost Burden (Dollars)	529,137	364,656	164,481

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: The final rule would impose a new information collection and thus would not change an existing OMB approved information collection. The information collected is essential to permit NRC to make a determination as to the adequacy of the licensee's planned system in meeting regulatory requirements. Information describing the normal operation of the physical protection system is needed to permit NRC to make a determination as to reasonable assurance that the physical protection system operates in accordance with the regulatory requirements. Information collections contacting the NRC of the occurrence and circumstances concerning abnormal events (e.g., report of theft, sabotage, or overdue shipment). This information enables the NRC to fulfill its responsibilities to respond to, investigate, and correct situations which adversely affect public health and safety or the common defense and security. The NRC recognized the potential risk from insiders (persons having unescorted access to radioactive material), because a deliberate malevolent act by such an individual has the potential to result in significant adverse impacts. Accordingly, the final rule requires background investigations, including the collection of fingerprints and criminal history records check. Note that although revisions have been made to Parts 20, 30, 32, 33, 34, 35, 36, 39, 51, 71, and 73, there are no changes to information collections in these sections. All information collection burden is contained in 10 CFR 37, a new Part of the Code of Federal Regulations.

Annual Cost to Federal Government: $388,301

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: Merri Horn 301 415-8126 merri.horn@nrc.gov

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