In accordance
with 5 CFR 1320, comment filed on proposed rule. Agency will
address comments at final rule stage.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
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Proposed Rule entitled "10 CFR Parts
30, 32, 33, 34, 35, 36, 37, 39, 51, 71, and 73, Physical Protection
of Byproduct Material." The NRC is proposing a rule titled to amend
its regulations to put in place security requirements for the use
of category 1 and category 2 quantities of radioactive material.
Licensees would be required 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.
The proposed rule would impose
a new information collection to provide the data 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 notifying NRC of the
occurrence of and circumstances concerning abnormal events (e.g.,
report of theft, sabotage, or overdue shipment). This information
is needed to enable 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 proposed rule
requires background investigations, including the collection of
fingerprints and criminal history records check. Note that although
revisions have been made to Parts 30, 32, 33, 34, 35, 39, 51, and
150, 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.
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.
PART 37 SS FINAL.doc
10 CFR Part 37, Physical Protection of Byproduct Material