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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form FD 258 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material	Form	Modified	Available
10 CFR Part 37 NRC 3150-0214 2020 revised .docx	Supporting Statement A	Uploaded 2020-02-21	Available
Part 37 Burden tables.xlsx	Supplementary Document	Uploaded 2019-02-19	Available
RIS 2015-03 Identifying and Reporting Security Incidents.pdf	Supplementary Document	Uploaded 2015-11-24	Available
Pt 37 guidance NLO.docx	Supplementary Document	Uploaded 2012-07-17	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
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: 201902-3150-001
Status: Active	Previous ICR Reference No: 201510-3150-009
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: Approved with change	Conclusion Date: 02/21/2020
	Date Received in OIRA: 02/21/2019
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2023	36 Months From Approved	02/29/2020
Responses	101,479	0	103,983
Time Burden (Hours)	74,043	0	138,570
Cost Burden (Dollars)	44,524	0	326,558

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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 the implementation of the security provisions; (2) develop a security plan that describes how security is being implemented; (3) implement security measures for the protection of the radioactive material; (4) conduct training on the procedures and security plan; (5) conduct background investigations for those individuals permitted unescorted access to category 1 or category 2 quantities of radioactive material; (6) coordinate with Local Law Enforcement Agencies (LLEAs) so the LLEAs would be better prepared to respond in an emergency; and (7) conduct coordination activities before shipping category 2 radioactive material, and preplanning and coordination activities before shipping category 1 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 associated with implementation of the security program. The NRC uses the information required by 10 CFR Part 37 to fulfill its responsibilities to respond to, investigate, and correct situations that have the potential to adversely affect public health and safety or the common defense and security.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 54382	10/29/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 3833	02/12/2019
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material	FD 258, NRC Form 755	Applicant Fingerprint Form ,   Advance Notification of Shipment of Category 1 Quantities of Radioactive Material

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ICR Summary of Burden

table that charts list 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	101,479	103,983	0	0	-2,504	0
Annual Time Burden (Hours)	74,043	138,570	0	0	-64,527	0
Annual Cost Burden (Dollars)	44,524	326,558	0	0	-282,034	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 138,570.2 hours and 103,982.9 responses. The burden is expected to change to 74,043.2 hours and 101,479.2 responses (a decrease of 64,527 hours and a decrease of 2,503.7 responses). • The requirements in 10 CFR Part 37 were added to NRC’s regulations in 2013 and included a number of one-time implementation requirements, such as one-time burdens to develop access authorization procedures and security procedures. Now that both the NRC and Agreement State licensees have implemented the requirements of final rule, the one-time reporting and recordkeeping requirements are complete and the burden is no longer included in the clearance package. The completion of one-time burden requirements resulted in a reduction of 61,600 hours annually due to the large burdens associated with procedure development. The burden to develop access authorization procedures was estimated to be 20,000 hours annually in the last clearance period, and the burden for security procedures was estimated to be 40,000 hours annually. Other one-time reporting and third-party party disclosure burdens totaled 1,600 hours. Current recordkeeping burden estimates include time to maintain and update access authorization and security procedures, but the work to initially develop the procedures is complete. • The number of overall licensees required to comply with Part 37 requirements is estimated to be 1,400 licensees compared to an estimated 1,500 licensees in the last clearance period. . This reflects the current estimate of licensees based on staff knowledge of the industry and takes into account licensees with aggregated material that is comparable to Category 1 and Category 2 quantities. The decrease in the overall number of respondents to the information collection contributed to the decrease in the estimated annual burden for the collection. In addition, there has been a reduction in other costs to licensees. Effective July 17, 2017, the fee for Criminal History/Fingerprinting transactions was reduced to $10.00 from $26.00 in the previous submission. The previous submission included $200,000 in one-time costs for 1,200 licensees to purchase filing cabinets. This one-time cost is complete and not included in the current estimates.

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Annual Cost to Federal Government: $282,383

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? 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: 02/21/2019

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