In a recent final rulemaking, the
Nuclear Regulatory Commission revised the regulations for 10 CFR
Part 52 (OMB Clearance Number 3150-0151). This revision was
pre-approved by OMB on 7/11/07, and approved on 8/28/07. The Notice
of Action issued by OMB indicated that the portion of the Part 52
regarding the Limited Work Authorization (LWA) rulemaking must be
submitted as a separate nonmaterial/nonsubstantive change once the
Part 52 rule was approved. This document provides justification for
information collections associated with the final rule for Limited
Work Authorizations, RIN 3150-AI05, 10 CFR Parts 2, 50, 51, and 52,
Limited Work Authorizations for Nuclear Power Plants. The NRC is
amending its regulations applicable to limited work authorizations
(LWAs), which allow certain construction activities for production
and utilization facilities to commence before a construction permit
or combined license is issued. The final LWA rule modifies the
scope of activities that are considered construction for which a
construction permit, combined license or LWA is necessary,
specifies the scope of construction activities that may be
performed under an LWA, and changes the review and approval process
for LWA requests. The NRC is adopting these changes to enhance the
efficiency of its licensing and approval process for production and
utilization facilities, including new nuclear power reactors. The
LWA final rule does not substantively change the burden on
applicants who submit applications for LWAs, but narrows the scope
of activities requiring permission from the NRC in the form of an
LWA by eliminating the concept of commencement of construction
formerly described in § 50.10(c). It also eliminates the
authorization formerly described in § 50.10(e) (1). Under the final
LWA rule, NRC authorization would be required only before
undertaking activities that have a reasonable nexus to radiological
health and safety and/or common defense and security. While the
NRCs redefinition of construction will result in fewer
activities requiring NRC permission in the form of an LWA,
construction permit, or combined license, it will also define
certain activities (such as the driving of piles) that are
currently excluded from the regulatory definition of construction
(given in former § 50.10(b)), as construction requiring NRC review
and approval. Therefore, since the rule both eliminates burden by
removing some activities from the definition of construction (in 10
CFR Part 52, -6,333 hours) and adds previously excluded activities
to the definition of construction (in 10 CFR Part 50, +6,333
hours), the overall burden change attributed to the final LWA rule
is equivalent to zero.
This document provides
justification for information collections associated with the final
rule for Limited Work Authorizations, RIN 3150-AI05, 10 CFR Parts
2, 50, 51, and 52, Limited Work Authorizations for Nuclear Power
Plants. The NRC is amending its regulations applicable to limited
work authorizations (LWAs), which allow certain construction
activities for production and utilization facilities to commence
before a construction permit or combined license is issued. The
final LWA rule modifies the scope of activities that are considered
construction for which a construction permit, combined license or
LWA is necessary, specifies the scope of construction activities
that may be performed under an LWA, and changes the review and
approval process for LWA requests. The NRC is adopting these
changes to enhance the efficiency of its licensing and approval
process for production and utilization facilities, including new
nuclear power reactors. The LWA final rule does not substantively
change the burden on applicants who submit applications for LWAs,
but narrows the scope of activities requiring permission from the
NRC in the form of an LWA by eliminating the concept of
commencement of construction formerly described in § 50.10(c). It
also eliminates the authorization formerly described in § 50.10(e)
(1). Under the final LWA rule, NRC authorization would be required
only before undertaking activities that have a reasonable nexus to
radiological health and safety and/or common defense and security.
While the NRCs redefinition of construction will result in fewer
activities requiring NRC permission in the form of an LWA,
construction permit, or combined license, it will also define
certain activities (such as the driving of piles) that are
currently excluded from the regulatory definition of construction
(given in former § 50.10(b)), as construction requiring NRC review
and approval. Therefore, since the rule both eliminates burden by
removing some activities from the definition of construction (in 10
CFR Part 52; -6,333 hours) and adds previously excluded activities
to the definition of construction (in 10 CFR Part 50; +6,333
hours), the overall burden change attributed to the final LWA rule
is equivalent to zero.
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:
(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;
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.
10 CFR 52 OMB NOA-082807.pdf
10 CFR Part 52 LWA 83-C JUSTIFICATION-083007.doc
10 CFR Part 52, Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear Plants