View Information Collection Request (ICR) Package

OMB Control No: 3150-0163	ICR Reference No: 201601-3150-001
Status: Historical Active	Previous ICR Reference No: 201212-3150-005
Agency/Subagency: NRC	Agency Tracking No:
Title: Cooperation with States at Commerical Nuclear Power Plants and Other Nuclear Production and Utilization Facilities, Policy Statement
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/09/2016
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/02/2016
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. As terms of clearance, NRC is asked to provide a more robust explanation of how it has estimated the number of responses and annual burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2019	36 Months From Approved	03/31/2016
Responses	213	0	70
Time Burden (Hours)	1,380	0	1,000
Cost Burden (Dollars)	25,800	0	166,600

Abstract: States and Tribes are involved and interested in monitoring the safety status of nuclear power plants and radioactive materials. This involvement is, in part, in response to the States’ and Tribes’ public health and safety responsibilities and, in part, in response to their citizens’ desire to become more knowledgeable about the safety of nuclear power plants and radioactive materials. States have identified NRC inspections as one possible source of knowledge for their personnel regarding plant and materials licensee activities, and the NRC, through the policy statement on Cooperation with States, has been amenable to accommodating the States’ needs in this regard. Additionally, the NRC has been able to accommodate Tribal interests in the same way. The NRC has also entered into reimbursable Agreements with certain States under Section 274i of the Act, as amended, to employ their resources to conduct radioactive materials security inspections against NRC Orders.

Authorizing Statute(s): PL: Pub.L. 83 - 703 1-311 Name of Law: Atomic Energy Act
US Code: 42 USC 2011-2059 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:
	80 FR 51847	08/26/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 4681	01/27/2016
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	213	70	143
Annual Time Burden (Hours)	1,380	1,000	380
Annual Cost Burden (Dollars)	25,800	166,600	-140,800

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 overall burden will increase by 380 hours from 1,000 hours to 1,380 hours. The estimated burden for the reimbursable materials security inspections has decreased. It is expected that there will be fewer States conducting reimbursable inspections and fewer inspections. States will be implementing regulations that are compatible to 10 CFR Part 37, “Physical protection of category 1 and category 2 quantities of radioactive material,” or other legally binding requirements and will not be conducting reimbursable inspections of their licensees. New reimbursable agreements are possible for future NRC security orders, but new reimbursable agreements are not expected. The estimated burden for States observing or participating in inspections at nuclear power plants and other nuclear production and utilization facilities has increased from 500 hours to 1299 hours. The change in the estimated burden is from the staff’s re-estimate of the burden and from information provided by respondents. The re-estimate reflects a change in the number of respondents from 50 to 36, based on the location of nuclear power plants and other production and utilization facilities. Most States, and the one participating Tribe, observe inspections. The re-estimate of the burden also includes changes in the number of responses and the burden per response to reflect the increased burden associated with a State having a State Resident Engineer. Exhibit 3 in the Directive Handbook attached to Management Directive 5.2, “Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities,” (https://adamsxt.nrc.gov/WorkplaceXT/IBMgetContent?objectStoreName=Main._ _.Library&vsId=%7B9E1AF4CB-9778-4020-8E41- 0F093692AF27%7D&id=%7BEABADD69-D55A-4DDA-AE73- 3FC04C97E3F8%7D&objectType=document ) provides a sample memorandum of understanding between the NRC and a State to allow the State to participate in inspections. The burden associated with the information collection includes: 1) obtaining security clearances; 2) complying with licensee access requirements; 3) qualification and certification of State Resident Inspectors (i.e., the State Resident Engineers) by the State; 4) making recommendations to the NRC inspection plans; 5) submitting monthly inspection recommendations to the NRC Resident Inspector; 6) making adjustments to the State’s monthly inspection recommendations to address NRC comments; 7) providing allegations received by the State Resident Engineer to the NRC Resident Inspectors; 8) providing assistance to the NRC as the NRC addresses allegations; 9) discussing the State Resident Engineers’ inspections with the NRC Resident Inspectors; 10) informing the NRC Resident Inspectors of situations with immediate safety significance; 11) providing written reports documenting the results of inspection activities to the NRC; 12) assisting the NRC in preparing enforcement actions; 13) assisting the NRC during enforcement conferences with licensees; 14) participating in an annual meeting with the NRC to exchange information on matters of common concern pertaining to the memorandum of understanding; 15) providing press releases about the State’s activities under the memorandum of understanding to the NRC; and 16) providing the NRC with written notice before placing a State Resident Engineer at a site. The burden also reflects costs associated with: 1) training for the State Resident Engineer; 2) reimbursement to the NRC for special training; 3) obtaining the security clearance for the State Resident Engineer; 4) computer costs; 5) other office costs; and 6) fitness-for-duty costs (e.g., drug testing). Staff professional rates also changed from $274/hour to $268/hour. 16. Publication for Statistical Use.

Annual Cost to Federal Government: $136,115

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: James Firth 301 415-6628 james.firth@nrc.gov

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