10 CFR 73, Physical Protection of Plants and Materials
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
09/09/2024
08/09/2024
In accordance with 5 CFR 1320.11(c), OMB is filing comment and withholding approval at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. The Agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. Given that the cost estimates presented rely largely on non-public data, the agency is requested to work with OMB to increase the amount of quality supporting information underlying the cost estimates before this information collection is submitted for renewal. Lastly, the supporting statement submitted at final rule stage should include any changes that occurred between the proposed and final rule related to this ICR.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
04/30/2025
36 Months From Approved
12/31/2025
133,261
0
133,261
501,471
0
501,471
553,289
0
553,289
Alternative Physical Security Requirements for Advanced Reactors - PROPOSED RULE
The proposed rule would result in changes in reporting, recordkeeping, and third-party disclosure requirements relative to existing rules by providing certain alternative, risk-informed, performance-based physical security requirements for advanced reactors. Part 50 and part 52 advanced reactor applicants electing to apply an alternative would need to provide a description of the technical analysis required by proposed § 73.55(s)(1)(iv) relating to eligibility to use the alternatives. These part 50 and part 52 advanced reactor applicants or licensees would also be required to maintain a record of the technical analysis related to eligibility until the certifications of cessation of operations required by §§ 50.82(a)(1) or 52.110(a) have been docketed by the NRC. In addition, advanced reactor licensees relying on law enforcement or other offsite armed responders would need to provide information about the facilities and make available periodic training to these responders. Finally, the proposed rule would require part 50 and part 52 advanced reactor licensees, who make changes to or are aware of changes to plant features or offsite support resources described in the technical analysis, to prepare a report that considers the effect of changes and describes how the licensee will continue to meet the requirements in proposed § 73.55(s)(1)(ii) that the consequences of a postulated radiological release that results from a postulated security-initiated event does not exceed the offsite dose reference values. These new and amended information collections would be required to ensure the NRC has the necessary information to review whether an applicant or licensee has demonstrated they have met the proposed requirement to be eligible to use any of the proposed alternatives. The collected information would also be used by the NRC to review and determine whether the applicant or licensee has met the requirements for each elected alternative.
The proposed rule would increase the burden for the Part 73 information collection by 8,325 hours, from 501,471 hours to 509,796 hours.
The estimated change to the recordkeeping burden is an increase of 8,325 due to the proposed rule requiring future Part 50 and Part 52 licensees that choose to utilize the alternative performance-based physical security plan to maintain the technical analysis related to the eligibility criterion in 10 CFR 73.55(s)(1)(ii) until the certifications required by 10 CFR 50.82(a)(1) or 10 CFR 52.110(a) have been docketed by the NRC.
The estimated change to the third-party disclosure burden is an increase of 0 hours because the NRC staff does not expect that during the clearance period any Part 50 or Part 52 licensees, which choose to utilize the alternative performance-based physical security plan and fulfill interdiction and neutralization functions using law enforcement, to be far enough along in the construction process to trigger the requirement to make available periodic familiarization training and facility information to offsite law enforcement. However, an increase in burden is anticipated in the future when these licensees would be closer to finishing construction and beginning operation.
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:
(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;
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.
Regulatory Analysis for the Alternate Physical Security Requirements for Adv Reactors Proposed Rule.pdf
OMB Clearance SS for 10 CFR Part 73 for AdvRxSec Proposed Rule__PublicationFile.docx
10 CFR 73, Physical Protection of Plants and Materials