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OMB Control No: 3150-0214	ICR Reference No: 202403-3150-002
Status: Historical Inactive	Previous ICR Reference No: 202211-3150-001
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material
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: 04/23/2024
	Date Received in OIRA: 03/08/2024
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2027	03/31/2027	03/31/2027
Responses	101,479	0	101,479
Time Burden (Hours)	74,043	0	74,043
Cost Burden (Dollars)	149,764	0	149,764

Abstract: PROPOSED RULE: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments The NRC recognizes Tribal sovereignty and Tribal governments’ interest in being informed of category 1 radioactive material shipments that would pass within or across reservations of participating federally recognized Tribes. The information collections related to the proposed rule would include licensee third-party disclosures for advance written notification to the Tribes of category 1 shipments, notification of revisions of shipments to the Tribes, cancellation notifications to Tribes, and recordkeeping including maintaining copies of the advance notifications, revisions, and cancellation notices. This proposed rule would enable federally recognized Tribes to opt into the NRC Tribal Advance Notification program under 10 CFR part 37 to receive notifications of shipments of category 1 quantities of radioactive material that pass within or across their reservation under 10 CFR part 37, along with notifications of certain shipments of nuclear waste and shipments of irradiated reactor fuel under 10 CFR parts 71 and 73. Federally recognized Indian Tribes would affirmatively opt-in to receive the notifications by providing certain information to the NRC. The NRC would use the collected information to implement the advance notification program, which includes the following purposes: first, information would be collected and made available to licensees to enable licensees to comply with NRC and Agreement State regulations. Second, information would be collected to facilitate correspondence to the Tribal official, Tribal official’s designated representative, or the Tribe’s emergency response contact on matters related to transportation of shipments of certain types of radioactive material or the implementation of the advance notification program.

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-AK90	Proposed rulemaking	89 FR 16701	03/08/2024

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 Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material	NRC Form 755, FD 258	,

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 previous burden for this collection was 74,043 hours and 101,479 responses and as a result of this proposed rule would increase to 74,068 hours and 101,493 responses, an increase of 25 hours and 14 responses . The number of overall licensees required to comply with part 37 requirements is estimated to remain at 1,400 licensees since the last clearance period. Of those, the NRC staff estimates that 711 licensees would be required to comply with the information collection changes associated with providing advance Tribal notifications under this proposed rule. This reflects the current estimate of licensees based on staff knowledge of the industry and takes into account licensees with aggregated material in category 1 quantities. The estimated burden cost has increased because the fee rate has increased from $288 to $300 per hour.

Annual Cost to Federal Government: $308,834

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. Yes

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. Yes

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: Gina Maggiani 301 415-5776

View ICR - OIRA Conclusion