10 CFR 73, Physical Protection of Plants and Materials

Forms and Documents

Document Name	Status
NUREG-0561 Rev 2 AUG2012 ML12179A415.pdf Supplementary Document	2012-09-04
FINAL FRN NUREG-0561 rev 2 31AUG12 ML12197A004.pdf Supplementary Document	2012-09-04
Regulatory - Analysis ML120050180.pdf Supplementary Document	2012-08-28
SNF in transit final rule SS with cmmts (5).doc Supporting Statement A	2013-04-16

IC Document Collections

IC ID	Document Title	Status
33115	10 CFR 73, Physical Protection of Plants and Materials	Modified

ICR Details

OMB Control No: 3150-0002	ICR Reference No: 201305-3150-002
Status: Historical Active	Previous ICR Reference No: 201206-3150-002
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 73, Physical Protection of Plants and Materials
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/30/2013
	Date Received in OIRA: 05/30/2013
Terms of Clearance: This preapproval is contingent on adoption of the final rule. Upon publication of the final rule, it is requested that NRC update the Federal Register citation in ROCIS for this collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2016	04/30/2015	04/30/2015
Responses	152,697	0	152,185
Time Burden (Hours)	556,982	0	555,587
Cost Burden (Dollars)	52,048	0	52,044

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Abstract: FINAL RULE, 10 CFR Part 73, "Physical Protection of Irradiated Reactor Fuel" The U.S. Nuclear Regulatory Commission (NRC) is amending its security regulations for the transport of irradiated reactor fuel. This rulemaking establishes generically applicable security requirements similar to the requirements currently imposed by NRC Order EA-02-109, "Issuance of Order for Interim Safeguards and Security Compensatory Measures for the Transportation of Spent Nuclear Fuel Greater than 100 Grams," (67 FR 63167; October 10, 2002). This rulemaking also establishes performance standards and objectives for the protection of spent nuclear fuel (SNF) shipments from theft, diversion, or radiological sabotage. Additionally, this rulemaking addresses, in part, a 1999 petition for rulemaking from the State of Nevada (PRM-73-10) that requests NRC to strengthen the regulations governing the security of SNF shipments against malevolent acts. This rule will apply to each NRC licensee who transports, or delivers to a carrier for transport SNF.

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Authorizing Statute(s): PL: Pub.L. 109 - 58 119 Name of Law: Energy Policy Act of 2005
   PL: Pub.L. 83 - 703 149 Name of Law: Atomic Energy Act
  

Citations for New Statutory Requirements: PL: Pub.L. 109 - 58 652 Name of Law: Energy Policy Act of 2005

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3150-AI64	Final or interim final rulemaking	74 FR 11717	05/20/2013

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
10 CFR 73, Physical Protection of Plants and Materials

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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	152,697	152,185	0	512	0	0
Annual Time Burden (Hours)	556,982	555,587	0	1,395	0	0
Annual Cost Burden (Dollars)	52,048	52,044	0	4	0	0

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 final rule will increase the overall burden by 1,395 hours from 555,346 to 556,741. This increase in burden is due to the re-evaluation of NRC's security requirements for SNF in transit. The NRC estimates the potential impacted "universe" of respondents for this final rule will consist of Commercial Nuclear Power Reactors Sites, Decommissioning Nuclear Reactor Sites, Research and Test Reactors. Independent Spent Fuel Storage Installations and a number of Part 70 licensees resulting in an estimated "universe" of 125 licensees. In addition, the NRC estimates that there will be 10 shipments by highway along with 10 shipments by rail for a total of 20 shipments annually. Although 20 shipments are expected, two licensees will ship on average twice a year and sixteen additional licensees will have one annual shipment resulting in 18 annual shipments. This final rule will impose the following burden for information collection requirements: Reporting Burden The new reporting requirements have increased due to the pre-planning coordination with the NRC, the licensees must contact the NRC and impacted states of any canceled shipments, and licensees must conduct background investigations before allowing an individual to act as an armed escort or have unescorted access to spent reactor fuel in transit. These new requirements will result in an estimated annual burden of 613.33 hours. Recordkeeping Burden The new recordkeeping burden requires each licensee to maintain its access authorization program under the requirements of 73.38(a)(2), it requires the licensee to maintain records on the background investigations for 5 years from the date the individual no longer requires access to spent nuclear fuel, it also requires the licensee when conducting an employment history evaluation, and the licensee may obtain information and documents by electronic means, including telephone. Licensees shall make a record of the contents of the telephone call and shall retain that record. These new requirements will result on an estimated annual burden of 38 hours. Third-Party Disclosure Burden The new third-party notification requirement increase will impact states, requiring the licensee not to initiate any element of a background investigation without the informed and signed consent of the subject individual. It also requires third party disclosure to have individuals required to have a background investigation to disclose the personal history information that is required by the licensee's access authorization program. These new requirements will result in an estimated annual burden of 319.65 hours. One-time Burden The new one-time burden requirement increase is due to licensees developing, implementing, and maintaining written procedures for conducting background investigations for persons who are applying for unescorted access authorization for spent nuclear fuel in transit. These new requirements will result in an estimate annual burden of 1,273 in year 1 annualized to 424.3 hours. The information being collected permits NRC to make a determination as to the adequacy of the licensee's planned security 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. 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 total annual burden for this rule is: 1,395 (1,273 in year 1 annualized to 424 hours + 613.33 annual reporting + 38 annual recordkeeping + 319.65 annual third-party). Also, there is a change in cost because the hourly rate increased from $258/hour to $274/hour.

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Annual Cost to Federal Government: $1,334,268

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

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Common Form ICR:  No

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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: 09/24/2012

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