10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material

Forms and Documents

Document Name	Status
Form FD 258 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material Form	Modified
RIS 2015-03 Identifying and Reporting Security Incidents.pdf Supplementary Document	2015-11-24
FINAL Part 37 Burden tables.xlsx Supplementary Document	2015-11-24
2016 SS for Part 37_2015 FINAL.doc Supporting Statement A	2015-11-24
Pt 37 guidance NLO.docx Supplementary Document	2012-07-17

IC Document Collections

IC ID	Document Title	Status
193133	10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material Form	Modified

ICR Details

OMB Control No: 3150-0214	ICR Reference No: 201510-3150-009
Status: Historical Active	Previous ICR Reference No: 201304-3150-001
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: 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: 03/14/2016
	Date Received in OIRA: 11/25/2015
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. As terms of clearance, when NRC resubmits this ICR for OMB approval, it is required to provide more clarity on the specific information it is seeking to collect from the public due to the related regulatory requirements.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2019	36 Months From Approved	03/31/2016
Responses	103,983	0	83,796
Time Burden (Hours)	138,570	0	139,109
Cost Burden (Dollars)	326,558	0	529,137

---

Abstract: Part 37 of Title 10 of the Code of Federal Regulations (10 CFR), contains security requirements for the use of category 1 and category 2 quantities of radioactive material. Licensees are 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 are required to promptly report any attempted or actual theft or diversion of the radioactive material. Licensees are required to keep copies of the security plan, procedures, background investigation records, training records, and documentation that certain activities have occurred. The NRC uses the information required by 10 CFR part 37 to fulfill it responsibilities to respond to, investigate, and correct situations that adversely affect public health and safety or the common defense and security.

---

Authorizing Statute(s): PL: Pub.L. 109 - 58 119 Stat 594 Name of Law: Energy Policy Act of 2005
   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:
	80 FR 35995	06/23/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 65254	10/26/2015
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 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material	FD 258	Applicant Fingerprint Form

---

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	103,983	83,796	0	0	20,187	0
Annual Time Burden (Hours)	138,570	139,109	0	0	-539	0
Annual Cost Burden (Dollars)	326,558	529,137	0	0	-202,579	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 previous burden for this collection was 139,109.1 hours and 83,796 responses. The burden is expected to change to 138,570.2 hours and 103,983 responses (a decrease of 539 hours and an increase of 20,187 responses). The estimated burden has changed for the following reasons: • The number of overall licensees required to comply with Part 37 requirements has increased from the previous estimate (from 1,400 licensees to 1,500 licensees). This reflects the current estimate of licensees and takes into account licensees with aggregated material that is comparable to category 1 and category 2 quantities. With a greater number of licensees, there are a greater number of annual responses than the previous estimate. In particular, the number of responses associated with pre-planning and coordination of Category 2 shipping with receiving licensee (37.75(b)) and notification of shipping licensee upon receipt on Category 2 shipments (37.75(c)) increased by a total of 19,500 responses due to the increase in the number of estimated respondents. • Now that NRC licensees have implemented the one-time reporting and record keeping requirements, this burden no longer applies to NRC licensees. However, one-time reporting and record keeping requirements still apply to Agreement State licensees with later implementation periods, for Part 37 compatible regulations, as well as to new licensees that have not previously met this requirement (total estimate around 1,200 licensees). Because a large pool of licensees have completed some of the more time consuming one-time reporting requirements, the total burden for Part 37 has decreased.

---

Annual Cost to Federal Government: $403,808

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

---

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: 11/25/2015

---