View Information Collection Request (ICR) Package
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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:
3150-0035
ICR Reference No:
202306-3150-001
Status:
Active
Previous ICR Reference No:
201910-3150-006
Agency/Subagency:
NRC
Agency Tracking No:
Title:
10 CFR Part 21, Reporting of Defects and Noncompliance
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:
05/22/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/12/2023
Terms of Clearance:
None
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2027
36 Months From Approved
05/31/2024
Responses
755
0
800
Time Burden (Hours)
28,975
0
32,083
Cost Burden (Dollars)
32,731
0
33,014
Abstract:
Part 21 of title 10 of the Code of Federal Regulations (10 CFR), requires each individual, corporation, partnership, commercial grade dedicating entity, or other entity subject to the regulations in this part to adopt appropriate procedures to evaluate deviations and failures to comply to determine whether a defect exists that could result in a substantial safety hazard. Depending upon the outcome of the evaluation, a report of the defect must be submitted to the NRC. Reports submitted under 10 CFR part 21 are reviewed by the NRC staff to determine whether the reported defects or failures to comply in basic components at the NRC licensed facilities or activities are potentially generic safety problems. These reports have been the basis for the issuance of numerous NRC Generic Communications that have contributed to the improved safety of the nuclear industry. The records required to be maintained in accordance with 10 CFR part 21 are subject to inspection by the NRC to determine compliance with the subject regulation.
Authorizing Statute(s):
PL:
Pub.L. 83 - 703 68 Stat. 919
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:
88 FR 7110
02/02/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 38108
06/12/2023
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 21, Reporting of Defects and Noncompliance
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
755
800
0
0
-45
0
Annual Time Burden (Hours)
28,975
32,083
0
0
-3,108
0
Annual Cost Burden (Dollars)
32,731
33,014
0
0
-283
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 burden decreased by 3,108 hours, from 32,083 hours to 28,975 hours. In addition, the estimated responses for the collection decreased from 800 responses (88 reporting responses + 355 recordkeepers + 357 third party disclosure responses) to 755 responses (43 reporting responses + 355 recordkeepers + 357 third party disclosure response). The decrease in reporting responses is due to the near completion of new reactor construction activities, and the decommissioning (no longer operating) of several nuclear power plant facilities. Reporting. The estimated reporting burden decreased from 6,500 hours to 3,407 hours, a decrease of 3,093 hours. Reporting estimates are based on actual data from 2019-2021 and staff knowledge of industry trends. The decrease in burden is due to an decrease in the number of interim reports (from 22 to 9), initial telephone or fax notifications (from 35 to 16) and 30-day reports (from 31 to 18). This decrease is due to the near completion of new reactor construction activities, and the decommissioning (no longer operating) of several nuclear power plant facilities. The NRC staff anticipates that the agency will continue to receive similar numbers of reports in the next three years. Recordkeeping. For this submission, the NRC staff reviewed the recordkeeping requirements in Part 21 and updated the number of recordkeepers maintaining evaluations and notifications under 10 CFR 21.51(a)(1) and (2) which decreased from 65 to 59, decreasing the burden by 15 hours. The change in the number of entities maintaining these records is attributed to a decrease in notifications received during the licensing phase of an application. Finally, note the addition of the requirements under 10 CFR 21.21(c), the evaluation, reporting and record maintaining requirements for dedicated items. This requirement was inadvertently omitted in prior submissions; however, there is no additional burden imposed, the burden is being captured in existing requirements under 10 CFR Part 21 since all the component(s) are being evaluated under the same requirements. Third-Party Disclosure There is an existing third-party disclosure requirement in 10 CFR Part 21, 10 CFR Part 21.6 requires the posting of procedures and the name of the individual to whom reports can be made. The burden and responses for this requirement remains constant for this renewal cycle. The hourly rate changed from $275 to $290 per hour. The estimated cost per burden hour is based upon NRC’s annual fee recovery rate, as published in NRC’s annual fee recovery rule. It is important to note that these estimates are based on historical data and staff knowledge of industry trends. However, the number of 10 CFR Part 21 reports generated or received in any given year is dependent upon the number or issues that arise, that is, this is an event-based burden, not a burden as a consequence of a regular reporting requirement.
Annual Cost to Federal Government:
$611,030
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?
No
Agency Contact:
Leslie Hill 3014152158 lah1@nrc.gov
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:
06/12/2023
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