10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste and Reactor-Related Greater than Class C Waste

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
FINAL Part 72 Supporting Statement 2021.docx	Supporting Statement A	Uploaded 2021-03-02	Repair queued
FINAL Part 72 burden spreadsheet 2021.pdf	Supplementary Document	Uploaded 2021-03-02	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
33396	10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste		Modified

ICR Details

OMB Control No: 3150-0132	ICR Reference No: 202103-3150-001
Status: Received in OIRA	Previous ICR Reference No: 201710-3150-003
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste and Reactor-Related Greater than Class C Waste
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/02/2021

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2021
Responses	868	839
Time Burden (Hours)	80,221	78,800
Cost Burden (Dollars)	4,855	4,486

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Abstract: 10 CFR part 72 establishes mandatory requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an ISFSI, as well as requirements for the issuance of licenses to the Department of Energy to receive, transfer, package, and possess power reactor spent fuel and high-level radioactive waste, and other associated radioactive materials in an MRS. The information in the applications, reports, and records is used by NRC to make licensing and other regulatory determinations.

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Authorizing Statute(s): PL: Pub.L. 83 - 703 1-311 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:
	85 FR 71356	11/09/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 12220	03/02/2021
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 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste

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ICR Summary of Burden

table that charts list of burden

	Total Request	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	868	839	0	0	29	0
Annual Time Burden (Hours)	80,221	78,800	0	-94	1,515	0
Annual Cost Burden (Dollars)	4,855	4,486	0	0	369	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The burden increased by 1,421 hours, from 78,800 hours to 80,221 hours. The majority of the increase in burden can be attributed to an increase in the number of licensees subject to Part 72. In the last renewal submission in 2018, there were 82 licensees and vendors subject to Part 72. This number increased to 84 licensees and vendors, and two additional licensees are expected during the clearance period. The estimates for the current submission are based on 86 NRC licensees and vendors subject to Part 72. As a result of this increase in the number of respondents, the number of burden hours associated with various sections has increased. In addition, the NRC has adjusted burden for a new risk-informed effort. 72.236(a) requires that a certificate holder and applicant for a certificate of compliance (CoC) for a general licensee must ensure that specifications for the spent fuel to be stored in the spent fuel storage cask are provided. Currently these spent fuel specifications are provided as part of the technical specifications for a Part 72 CoC. If a certificate holder wants to change their technical specifications, they are required to submit an amendment under 10 CFR 72.244. As part of a new regulatory framework resulting from a risk informed effort (https://www.nrc.gov/about-nrc/regulatory/risk-informed/rpp/waste-manage-spent-fuel.html#regulatory), instead of explicitly specifying contents in the technical specifications as related to shielding evaluations, the NRC staff may accept an application where spent fuel is not explicitly specified in the technical specifications, but specifications are derived using a method of evaluation required by the technical specifications. To satisfy 72.236(a) the technical specifications will also have to include a requirement that the resulting specifications will be provided to the NRC. Since this is a new report, not previously provided to the NRC, the staff is increasing the burden related to 10 CFR 72.212(b)(3). This regulation requires that each cask used by the general licensee conforms to the terms, conditions, and specifications of a CoC or an amended CoC. Therefore this report will be submitted by the general licensee to comply with the conditions of the CoC per 72.212(b)(3), for six respondents at one hour per response, based on the estimate for 72.212(b)(4) as allowable fuel specifications are already something that is generated when loading the casks, the extra burden is just to send this information to the NRC similar to the effort for the reports submitted in accordance with 72.212(b)(4). There would be an initial license amendment request to implement this change, but the staff did not increase the burden for the number of submissions as it assumed it would be done as part of regular licensing actions. However, because some CoC amendments may incorporate changes to fuel specifications related to shielding evaluations, the staff is reducing the burden to 10 CFR 72.244 (Application for an amendment to a Certificate of Compliance) by 10 hours, from 120 hours to 110 hours. The staff kept the current number of anticipated annual responses the same at 10, as these amendments are still anticipated to be submitted to incorporate this new methodology and for other changes not associated with this area. However the staff reduced the burden as the staff believes that the amendments will be reduced in complexity by incorporating this change so that fuel qualification information related to shielding would no longer be a part of some amendments. Finally, the fee rate has increased from $265/hr to $278/hr.

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Annual Cost to Federal Government: $11,291,991

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.     No

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.     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? No

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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: 03/02/2021

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