10 CFR Part 55- Final SS- ML22074A231

10 CFR Part 55- Final SS- ML22074A231.pdf

10 CFR Part 55, Operators' Licenses

OMB: 3150-0018

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FINAL OMB SUPPORTING STATEMENT
FOR
10 CFR PART 55, OPERATORS' LICENSES
(3150-0018)
EXTENSION
Description of the Information Collection
The Nuclear Regulatory Commission’s (NRC) regulations in 10 CFR Part 55 establish:
(1) procedures and criteria for the issuance of licenses to operators and senior operators of
utilization facilities (which are licensed pursuant to the Atomic Energy Act of 1954, as
amended, 10 CFR Part 50, and 10 CFR Part 52); (2) the terms and conditions upon which
the Commission will issue or modify the operators’ licenses; and (3) the terms and conditions
to maintain and renew the operators’ licenses.
The majority of the information collection requirements related to this Part apply to the holders
of and applicants for a utilization facility operating licenses (as defined in 10 CFR Part 50 and
Part 52). The remaining information collections apply to the holders of, or applicants for, an
individual operator's license (i.e., operators and senior operators as defined in 10 CFR
Part 55).
This supporting statement provides a comprehensive overview of the information collection
requirements specified in 10 CFR Part 55. There are additional information collections in
10 CFR Part 55 that are covered by other OMB clearances and are not addressed in this
supporting statement. These are NRC Form 396, “Certification of Medical Examination by
Facility Licensee” (OMB Clearance No. 3150-0024), NRC Form 398, “Personal Qualification
Statement – Licensee” (OMB Clearance No. 3150- 0090) and NRC Form 536, “Operator
Licensing Examination Data” (OMB Clearance No. 3150- 0131).
Specific information collection requirements include filing applications for an exemption, which
include general license information as well as information specific to the request, written
examinations and operating tests prepared by facility licenses, request to use a simulation
facility, request to certify a Commission approved simulator, copies of requalification written
examinations and/or annual operating tests.
In addition, the information collection includes two online forms for requesting exemptions
from requirements for Part 55 Exemption Request and Part 55 Research and Test Reactor
Exemption Request related to the COVID-19 Public Health Emergency (PHE).
A.

JUSTIFICATION

1.

Need for and Practical Utility of the Collection of Information
The information is needed in order to determine licensee compliance with the
regulations set forth in 10 CFR Part 55. Title 10 CFR Part 55 was developed to comply
with Section 107 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2137),
which requires the Commission to determine the qualifications of individuals licensed
as operators of utilization facilities and to establish uniform conditions for the licensing
of operators. The information is used for NRC-developed initial licensed operator
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examinations, and to evaluate exemptions from the 10 CFR Part 55 regulations for
operator license applicants, changes in licensed operator medical conditions, the quality
of facility-developed initial licensed operator examinations, requests to waive
examination requirements, compliance with operator license conditions, operator
license renewal, and the licensed operator requalification program. All of these items
are used to determine whether individuals are qualified to be licensed operators at
utilization facilities as required by the Atomic Energy Act of 1954, as amended.
Additionally, requirements in 10 CFR Part 55 related to review of simulation facilities is
based on Section 306 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10226) which
requires the Commission to establish simulator training requirements for applicants for
civilian power plant operator licenses as well as operator requalification.
The information collected by the online form is the minimum needed by NRC to make a
determination on the acceptability of the licensee’s request for an exemption. In addition
to the online form, licensees can submit their exemption requests through the NRC’s
Electronic Information Exchange or by email in accordance with NRC’s OMB-approved
information collections regarding such exemptions.
Details of these regulations can be found at the end of this supporting statement in
“Description of Requirements.”
2.

Agency Use of Information
The NRC will use the reports and records required by 10 CFR Part 55 for one or
more of the following purposes:
•

Facility records, including procedures, plant diagrams, system descriptions,
and other related records are used for the NRC to prepare, administer, and
grade written examinations and operating tests per 10 CFR 55.40 (c). Facility
developed examinations are provided to the NRC for review and approval prior
to administration. These tests are necessary to ensure the qualifications of
every applicant for an initial operator license and are used to determine if the
applicants for operator licenses have learned to operate the facility
competently and safely and, additionally, to determine if applicants for senior
operator licenses have learned to safely and competently direct the activities
of licensed operators. The NRC develops at least four initial examinations for
applicants at commercial facilities every year with the remaining examinations
prepared by the facility themselves. The NRC must review the facility
developed examinations to ensure that the requirements of 10 CFR Part 55.40
and NUREG-1021, “Operator Licensing Examination Standards for Power
Reactors,” are met to assure that the provisions of the Atomic Energy Act of
1954, as amended, are met. For research and test reactors, the NRC
develops all of the examinations, and therefore require the facility records in
order to be able to develop these examinations;

•

Facility records related to requalification include training procedures,
lesson plans, examinations, remediation, and maintenance of
license conditions. Access to the training procedures, lesson plans,
examinations and remediation are necessary for the NRC to ensure
that the requirements of 10 CFR Part 55.59 are being met.
The NRC uses these records to ensure that the facility is
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implementing its approved training program for the development,
administration, and grading of the requalification examinations and
that any failures are properly remediated and retested satisfactorily
prior to allowing that individual to return to licensed duties.
Additionally, the NRC reviews medical records, shift records, and
other related records to ensure that license conditions under 10 CFR
Part 55.53 and any specific medical condition for that individual are
met. The NRC reviews the records to determine if the licensed
operator maintains an active status under 10 CFR Part 55.53(e),
and if not, if the operator was properly re-activated under the
provisions of 10 CFR Part 55.53(f). The NRC also reviews records
to ensure that individuals had a satisfactory medical examination
within the biennial requirement as stated in 10 CFR Part 55.53(i);

3.

•

Documents related to the qualification of the commercial facility simulator
include performance tests, scenario-based testing, modifications, and
deficiencies, including corrective actions. The NRC reviews this information to
ensure that the simulator has maintained sufficient fidelity to the reference plant
such that initial and requalification examinations can still be administered on it.
Additionally, for those facilities that use the simulator to take credit for reactivity
manipulations, required to apply for a license under 10 CFR part 55.31(a)(5),
the NRC reviews these documents to make sure the additional simulator
requirements for this are met; and

•

Records related to any exemption requests are reviewed by the NRC to
determine if the request meets the three criteria in 10 CFR Part 55.11; that the
exemption is authorized by law, will not endanger life or property, or are
otherwise in the public interest. Without this information, the NRC would not
have a basis to make that determination.

Reduction of Burden through Information Technology
The NRC has issued Guidance for Electronic Submissions to the NRC which provides
direction for the electronic transmission and submittal of documents to the NRC.
Electronic transmission and submittal of documents can be accomplished via the
following avenues: the Electronic Information Exchange (EIE) process, which is
available from the NRC's “Electronic Submittals” Web page, by Optical Storage Media
(OSM) (e.g. CD-ROM, DVD), by facsimile or by e-mail. It is estimated that
approximately 95% of the potential responses are filed electronically.

4.

Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no duplication of
requirements.

5.

Effort to Reduce Small Business Burden
No small businesses are affected by these information collection requirements.

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6.

Consequences to Federal Program or Policy Activities if the Collection Is
Not Conducted, or is Conducted Less Frequently
The information collections under 10 CFR Part 55 are conducted "one time only" or
"as required." No other frequency of collection is assigned. If the information
collections were not conducted, the NRC would not be able to fulfill its statutory
responsibility to determine the qualifications of applicants for operator licenses,
including the preparation and approval of initial operator licensing examinations, or to
oversee simulator and requalification training and examination programs.

7.

Circumstances Which Justify Variation from OMB Guidelines
Procedures must be retained for the life of the facility license. Operators are licensed
for six years and facility licensees must retain certifications and other data associated
with operator licenses for inspection by the NRC to ensure operational safety at
nuclear reactor facilities.

8.

Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for this
clearance package was published in the Federal Register on February 1, 2022,
(87 FR 5519). Additionally, NRC staff contacted seven stakeholders via email. The
stakeholders were new, operating and Licensed Non-Power Production and Utilization
Facilities owner licensee representatives and interested stakeholders from
Constellation Energy, Duke Energy Progress, LLC, Energy Harbor, PSEG Nuclear, LLC,
The Pennsylvania State University, Reed College and Southern Nuclear Operating Co., Inc.
No responses or comments were received as a result of the FRN or the staff’s direct
solicitation of comments.

9.

Payment or Gift to Respondents
Not applicable.

10.

Confidentiality of Information
Confidential and proprietary information is protected in accordance with NRC
regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).

11.

Justification for Sensitive Questions
The NRC uses the medical information collected to ensure that facility licensees meet
the requirements of the requalification program and maintain operator license
conditions such that licensed operators continue to meet the requirements for
licensing as set forth in 10 CFR Part 55. The NRC Privacy Officer has determined
there are no Privacy Act implications because the information is collected by a third
party.

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12.

Industry Burden and Burden Hour Cost
In some cases, there may be only one training program at facilities that consist of one
or more units. Using the number of facilities could result in under-estimating the
number of respondents and using individual units would over-estimate the number of
respondents. Therefore, although the terms units and/or sites are referenced, training
programs are counted for purposes of this review.
The annual reporting and recordkeeping burdens summarized below are detailed
in Tables 1 and 2.
Total burden hours are 170,928 (149,619 reporting + 21,309 recordkeeping). Total
burden cost is $49,227,264 ($43,090,272 reporting + $6,136,992 recordkeeping).
Total respondents and recordkeepers: 92 (61 power sites + 31 non-power sites).
Although the total number of sites is 128 (89 power reactors + 31 non-power reactors +
8 combined license holders), the number of respondents reflects the fact that some
power reactor sites with multiple operating reactors have only one training and
qualification program for all the reactors and therefore are only considered as one
respondent, while some facility sites with multiple operating reactors have different
training and qualification programs for each reactor and therefore are considered as
more than one respondent (one for each separate program). Also, no respondents
from the 8 combined license holders are expected for this period.
The $288 hourly rate used in the burden estimates is based on the Nuclear Regulatory
Commission’s fee for hourly rates as noted in 10 CFR 170.20 “Average cost per
professional staff-hour.” For more information on the basis of this rate, see the Revision
of Fee Schedules; Fee Recovery for Fiscal Year 2019 (86 FR 32146, June 16, 2021)

13.

Estimate of Additional Industry Costs
The quantity of records to be maintained is proportional to the recordkeeping burden.
Based on the number of pages maintained for a typical clearance, the records
storage cost has been determined to be equal to 0.04 percent of the recordkeeping
burden cost. The storage cost for this clearance is $2,455 (recordkeeping hours x
$288 per hour x .0004).
The annual cost to reproduce the examinations for initial operator licensing is
estimated to be $6,750 (45 licensee sites x 1500 pages per
examination x $.10 per page).
Total Other Additional Costs are $9,205 ($2,455 + $6,750).

14.

Estimated Annualized Cost to the Federal Government
The staff has developed estimates of annualized costs to the Federal Government
related to the conduct of this collection of information. These estimates are based on
staff experience and subject matter expertise and include the burden needed to
review, analyze, and process the collected information and any relevant operational
expenses

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The annual burden and cost to the Federal Government is shown on Table 3. The
total annual Federal Government burden is 28,827 hours and the total annual Federal
Government cost is estimated to be $8,302,176.
15.

Reasons for Change in Industry Burden and Cost
The industry burden decreased by 1987 hours from 172,915 hours to 170,928 hours.
These changes are based on NRC and industry staff experiences and are specifically
addressed below.
Overall, the burden decreased because the number of respondents licensed under 10
CFR Parts 50 and 52 decreased by 4 from 96 to 92 (61 power sites + 31 non-power
sites) due to the decommissioning of four power sites and therefore are no longer
required to report under Part 55. An increase in NRC licensee reporting burden
compared to the prior reporting period is due to the NRC receiving an increased
number of exemptions and the two NRC online forms, requesting exemptions from
requirements for Part 55 Exemption Request and Part 55 Research and Test Reactor
Exemption Request related to the COVID-19 Public Health Emergency (PHE). In
addition, the hourly rate used to calculate licensee costs has increased from $275/hr to
$288/hr.
As a result, the overall estimated reporting burden and estimated recordkeeping burden
decreased, as follows:
BURDEN HOURS

Reporting
Recordkeeping
TOTAL
16.

Previously
approved
150,869
22,046
172,915

Current Request
149,619
21,309
170,928

Change
-1,250
-737
-1,987

Publication for Statistical Use
This information will not be published for statistical use.

17.

Reason for Not Displaying the Expiration Date
The recordkeeping and reporting requirements for this information collection are
associated with regulations and are not submitted on instruments such as forms or
surveys. For this reason, there are no data instruments on which to display an OMB
expiration date. Further, amending the regulatory text of the CFR to display
information that, in an annual publication, could become obsolete would be unduly
burdensome and too difficult to keep current.

18.

Exceptions to the Certification Statement
There are no exceptions.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
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Not applicable.

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DESCRIPTION OF INFORMATION COLLECTION REQUIREMENTS
CONTAINED IN
10 CFR PART 55
OPERATORS’ LICENSES
3150-0018
The following CFR references specify the type of information that is collected under this OMB
clearance.
§55.11: Application for exemption from the requirements of the regulations in
10 CFR 55. Facility licensees are expected to comply with the regulations unless they provide
sufficient information for the Commission to determine that a specific exemption is authorized
by law, will not endanger life or property, and is otherwise in the public interest.
§55.31(a) and (d): Application that a written examination and operating test be administered
and certification on NRC Form 398, "Personal Qualification Statement - Licensee," that the
applicant has completed the facility licensee's requirements for licensing (currently approved
under OMB Clearance No. 3150- 0090).
§55.31(b): Additional information as necessary for the NRC to determine whether to grant or
deny the license application or revoke, modify or suspend the license.
§55.40(a) and (d): Information regarding exam content for operators. This information is
needed for the NRC to prepare the site-specific written and operating tests that applicants
must pass in order to obtain an operator’s license.
§55.40(b) (1) and (3): The written examinations required by §55.41 and §55.43 and the
operating tests required by §55.45. In lieu of submitting information from which the NRC will
prepare the licensing examinations, power reactor facility licensees may prepare the
examinations themselves and submit them to the NRC for review and approval.
§55.40(c): Written request for the NRC to prepare, proctor, and grade the required licensing
examinations. Preparing a site-specific power reactor licensing examination requires
significantly more resources than reviewing and approving a facility-prepared examination;
therefore, a written request provides the basis to budget and schedule the resources. NRC
Form 536 (currently approved under OMB Clearance No. 3150-0131) can be used for this
purpose.
§55.46(b): Power reactor facility licensees that propose to use a simulation facility, other than
a plant-referenced simulator, or the plant in the administration of operating tests under
§55.45(b) (1) or (3) shall request approval from the Commission. This is necessary to ensure
the consistency and validity of the operating tests upon which licensing decisions are based.
§55.47: Request for waiver of examination and test requirements on NRC Form 398 (currently
approved under OMB Clearance No. 3150-0090).

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§55.59(a)(2)(iii): In lieu of the Commission accepting a certification by the facility licensee that
the licensee has passed written examinations and operating tests administered by the facility
licensee within its Commission-approved program developed by using a systems approach to
training under paragraph (c) of this section, the Commission may administer a comprehensive
requalification written examination and an annual operating test.
§55.59(c): Have a requalification program and, upon request, submit to the Commission a
copy of comprehensive requalification written examinations or annual operating tests. This
improves efficiency by enabling the NRC staff to review these materials before traveling to the
site for a licensed operator requalification program inspection.
Facility licensees are required to maintain the following documentation:
§55.40(b)(2): Establish, implement and maintain procedures to control examination
security and integrity and have them available during facility inspections.
§55.46(d)(1): The results of the simulation facility performance tests are required to be
retained for four years after completing the tests or until superseded by updated test results.
The NRC staff will review uncorrected performance deficiencies to ensure that the operating
tests administered per §55.45(b) are valid.
§55.53(f): Certification that the qualifications and status of a licensee who has not been
actively performing the functions of an operator are current and valid. This certification, which,
in practice, is not submitted to the NRC but subject to inspection on-site, ensures that licensed
operators who have not maintained their watch-standing proficiency are fully qualified before
they are allowed to resume licensed duties.
§55.59(b): Evidence of successful completion of additional training, if necessary. Licensed
operators are required to complete a requalification training and examination program to
maintain the knowledge, skills, and abilities needed to safely perform licensed duties. This is
included with 55.59(c)(5)(i) reporting.
§55.59(c)(5)(i): Maintain records of operator participation in the requalification program until
the operator’s license is renewed. This enables the facility licensee to certify, pursuant to
§55.57(a)(4), that a license renewal applicant has satisfactorily completed the requalification
program during the 6-year term of the license.

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GUIDANCE DOCUMENTS FOR INFORMATION COLLECTION REQUIREMENTS
CONTAINED IN
10 CFR PART 55
REQUIREMENTS FOR RENEWAL OF OPERATORS’ LICENSES
3150-0018
Title
Regulatory Guide 1.134 - Medical Evaluation
of Licensed Personnel at Nuclear Power
Plants (Revision 4), September 2014
Regulatory Guide 1.149 – Nuclear Power
Plant Simulation Facilities for Use in Operator
Training and License Examinations (Revision
4), April 2011
Regulatory Guide 1.8 - Qualification and
Training of Personnel for Nuclear Power
Plants (Revision 4), June 2019
NUREG-1021 - Operator Licensing
Examination Standards for Power Reactors
(Revision 12), September 2021
NUREG-1478 – Operator Licensing Examiner
Standards for Research and Test Reactors
(Revision 2), June 2007

Accession number
ML14189A385
ML110420119

ML19101A395
ML21256A276
ML072000059

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TABLE 1: ANNUAL INDUSTRY REPORTING REQUIREMENTS
Section

Descriptions

Number of
Respondents

Responses
Per
Respondent

55.11

Specific Exemptions

2 Power Sites

55.11

Specific Exemptions

55.31(b)

Total
Number of
Responses

Burden per
Response

1

2

45

90

$25,920

1 Non-power Site

1

1

55

55

$15,840

Applications- How to
Apply

35 Power Sites

1

35

24

840

$241,920

55.31(b)

Applications- How to
Apply

5 Non-power Sites

1

5

24

120

$31,560

55.40(a)

Written Examinations and
Operating TestImplementation

45 Power Sites

1

45

12

540

$155,520

55.40(c)

Written examinations and
Operating Test
Implementation

4 Power Sites

1

4

1250

5,000

$1,440,000

55.40(d)

Written Examinations and
Operating TestImplementation

25 Non-power Sites

1

25

2

50

$14,400

55.40(b)(1) and
(3)

Written Examinations and
Operating TestImplementation

41 Power Sites

1

41

2500

102,500

$29,520,000

55.46(b)

Request to use simulation
facility

0

0

0

800

0

$0

55.53(g)

Conditions of licenses

4 Power Sites

1

4

4

16

$4,608

55.53(g)

Conditions of licenses

1 Non-power Site

1

1

4

4

$1,152

55.59(a)(2)

Requalification of licenses –- 30 Power Sites
Annual Review

1

30

10

300

$86,400

55.59 (a)

Requalification of licenses

1

31

2

62

$17,856

55.59 (c)

Requalification of licenses –- 31 Power Sites
Biennial Review

1

31

1270

39,370

$11,338,560

31 Non-power Site

11

Total
Burden
Hours

Cost at $288/Hour

Section

Descriptions

Number of
Respondents

Responses
Per
Respondent

55.59(c)

Requalification of licenses

31 Non-power Sites

55.59(c)(5)

Requalification of licenses –
Records

61 Power Sites

NRC Online
Form
NRC Online
Form

TOTAL
REPORTING

Part 55 Exemption Request
for Power Reactor Licensees
Part 55 Exemption Request
for Non-Power Reactor
Licensees (RTRs or NPUFs)

40

20

Total
Number of
Responses

Burden per
Response

Total
Burden
Hours

Cost at $288/Hour

1

31

8

248

$71,424

1

61

6

366

$105,408

80

$23,040

40

$11,520

149,619

$43,090,272

1

40

1

20

92

347

12

2

2

TABLE 2: ANNUAL INDUSTRY RECORDKEEPING REQUIREMENTS
Section

Descriptions

Number of
Recordkeepers

Burden Hours Per
Recordkeeper

Total Burden
Hours

Cost at
$288 / Hour

55.40(b)(2)

Written Examinations
and Operating TestImplementation

45 Power Sites

20

900

$259,200

55.53(f)

Conditions of license

61 Power Sites

2

122

$35,136

55.53(f)

Conditions of license

31 Non-power Sites

2

62

$17,856

55.46(d)(1)

Simulation facilities
(Operating)

61 Power Sites

44

2,684

$772,992

55.46(d)(1)

Simulation facilities (Under 0
construction)

44

0

$0

55.59(c)

Requalification of licenses 61 Power Sites

275

16,775

$4,831,200

55.59(c)(5)

Requalification of licenses 31 Non-power Sites

16

496

$142,848

0

$0.00

21,309

$6,136,992

55.46(b)

TOTAL
RECORDKEEPING

Request to use a simulation
0
facility

0

92

TOTAL BURDEN/COST FOR 10 CFR PART 55 (Tables 1 & 2)
Total Burden hours: 170,928 (149,619 reporting + 21,309 recordkeeping)
Total Cost: $49,227,264 ($43,090,272 reporting + $6,136,992 recordkeeping)
Total Respondents and Recordkeepers: 92 (61 Power Sites +31 Non-Power Sites)
Total Responses: 439 (347 reporting responses + 92 recordkeepers)
13

TABLE 3: ESTIMATE OF ANNUAL COST TO THE FEDERAL GOVERNMENT
Section

Descriptions

Number of
Reports/Records

Hours Per
Response

Burden
Hours

Cost at $288/ Hour

55.11

Specific Exemptions

2 Power Sites

80

160

$46,080

55.11

Specific Exemptions

1 Non-Power Site

40

40

$11,520

55.31(b)

Applications- How to
Apply

35 Power Sites

1

35

$10,080

55.40(b)

Written Examinations and
Operating TestImplementation

41 Power Sites

400

16,400

$4,723,200

55.40(c)

Written Examinations and
Operating TestImplementation

5 Power Sites

700

3,500

$1,008,000

55.40(d)

Written Examinations and
Operating TestImplementation

25 Non-power Sites

200

5,000

$1,440,000

55.53(g)

Conditions of license

4 Power Sites

1

4

$1,152

55.53(g)

Conditions of license

1 Non-power Site

1

1

$288

55.59(a)(2)(iii)

Requalification of
licenses

1 Power Site

250

250

$72,000

55.59(a)(2)(iii)

Requalification of
licenses

1 Non-power Site

120

120

$34,560

55.59(c)

Requalification of
licenses

31 Power Sites

92

2,852

$821,376

55.59(c)

Requalification of
licenses

31 Non-Power Sites

15

465

$133,920

28,827

$8,302,176

Total Government
Burden and Cost

177

14


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