10 CFR 73, Physical Protection of Plants and Materials

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Regulatory Analysis for Proposed Rule -ML22019A132 (2).pdf	Supplementary Document	Uploaded 2022-04-19	Repair queued
Copy of Part 73 Burden Tables for the Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning Proposed Rule_February 23 2022 (2).xlsx	Supplementary Document	Uploaded 2022-04-19	Repair queued
Part 73- OMB Draft Supporting Statement - Proposed Rule ML18039A061 (6).pdf	Supporting Statement A	Uploaded 2022-04-19	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
33115	10 CFR 73, Physical Protection of Plants and Materials		Modified

ICR Details

OMB Control No: 3150-0002	ICR Reference No: 202204-3150-005
Status: Received in OIRA	Previous ICR Reference No: 202111-3150-002
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	Date Submitted to OIRA: 04/19/2022

table that charts list comparision

	Requested	Previously Approved
Expiration Date	04/30/2025	04/30/2025
Responses	130,965	130,968
Time Burden (Hours)	495,862	495,892
Cost Burden (Dollars)	50,424	552,969

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Abstract: PROPOSED RULE: "REGULATORY IMPROVEMENTS FOR PRODUCTION AND UTILIZATION FACILITIES TRANSITIONING TO DECOMMISSIONING" - The proposed rule would result in changes in recordkeeping and reporting burden relative to existing rules by creating a regulatory framework for production and utilization facility licensees transitioning to decommissioning and amending existing regulations that relate to the decommissioning of production and utilization facilities. Decommissioning nuclear power reactor licensees and the NRC have expended substantial resources processing licensing actions for nuclear power reactors during their transition period to decommissioning status. Licensees that are currently transitioning to decommissioning have been requesting NRC review and approval of licensing actions, informed by the low risk of an offsite radiological release posed by a decommissioning reactor. Specifically, the licensees are seeking NRC approval of exemptions and license amendments to revise requirements to reflect the reduced operations and risks posed by a permanently shutdown and defueled reactor. The proposed rule would, on balance, reduce the paperwork burden imposed on production and utilization facility licensees transitioning to decommissioning by establishing a graded approach to the requirements imposed on these facilities. A graded approach would adjust the level of analysis, documentation, and actions necessary to comply with safety requirements and criteria commensurate with several factors, including magnitude of any credible hazard involved, and the balance between radiological and non-radiological hazards as applicable to the level within the decommissioning process. The NRC expects that these proposed changes would enhance the efficiency of the decommissioning process and reduce the overall burden on licensees.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3150-AJ59	Proposed rulemaking	87 FR 12254	03/03/2022

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Federal Register Notices & Comments

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 73, Physical Protection of Plants and Materials

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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	130,965	130,968	0	-3	0	0
Annual Time Burden (Hours)	495,862	495,892	0	-30	0	0
Annual Cost Burden (Dollars)	50,424	552,969	0	-502,545	0	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: Changing Regulations

Short Statement: The estimated change to the recordkeeping burden is an increase of 45 hours due to the following: The proposed rule would increase recordkeeping burden for decommissioning power reactor licensees because they would be required to maintain a cyber 7 security plan for an additional 10 – 16 months. The proposed rule would increase recordkeeping burden for decommissioning power reactor licensees because they would be required to document that all vital equipment has been removed from the control room and the control room does not serve as the vital area boundary for other vital areas before the control room can be no longer subject to the physical protection requirements for vital areas. The estimated change to the reporting burden is a decrease of 75 hours due to the proposed rule reducing the number of licensees submitting exemption requests related to the physical security requirements.

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Annual Cost to Federal Government: $1,245,132

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: 04/19/2022

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