This preapproval is contingent on adoption of the final rule. Upon publication of the final rule, it is requested that NRC update the Federal Register citation in ROCIS for this collection.
Inventory as of this Action
Requested
Previously Approved
04/30/2016
04/30/2015
04/30/2015
152,697
0
152,185
556,982
0
555,587
52,048
0
52,044
FINAL RULE, 10 CFR Part 73, "Physical Protection of Irradiated Reactor Fuel"
The U.S. Nuclear Regulatory Commission (NRC) is amending its security regulations for the transport of irradiated reactor fuel. This rulemaking establishes generically applicable security requirements similar to the requirements currently imposed by NRC Order EA-02-109, "Issuance of Order for Interim Safeguards and Security Compensatory Measures for the Transportation of Spent Nuclear Fuel Greater than 100 Grams," (67 FR 63167; October 10, 2002). This rulemaking also establishes performance standards and objectives for the protection of spent nuclear fuel (SNF) shipments from theft, diversion, or radiological sabotage. Additionally, this rulemaking addresses, in part, a 1999 petition for rulemaking from the State of Nevada (PRM-73-10) that requests NRC to strengthen the regulations governing the security of SNF shipments against malevolent acts. This rule will apply to each NRC licensee who transports, or delivers to a carrier for transport SNF.
The final rule will increase the overall burden by 1,395 hours from 555,346 to 556,741.
This increase in burden is due to the re-evaluation of NRC's security requirements for SNF in transit. The NRC estimates the potential impacted "universe" of respondents for this final rule will consist of Commercial Nuclear Power Reactors Sites, Decommissioning Nuclear Reactor Sites, Research and Test Reactors. Independent Spent Fuel Storage Installations and a number of Part 70 licensees resulting in an estimated "universe" of 125 licensees. In addition, the NRC estimates that there will be 10 shipments by highway along with 10 shipments by rail for a total of 20 shipments annually. Although 20 shipments are expected, two licensees will ship on average twice a year and sixteen additional licensees will have one annual shipment resulting in 18 annual shipments. This final rule will impose the following burden for information collection requirements:
Reporting Burden
The new reporting requirements have increased due to the pre-planning coordination with the NRC, the licensees must contact the NRC and impacted states of any canceled shipments, and licensees must conduct background investigations before allowing an individual to act as an armed escort or have unescorted access to spent reactor fuel in transit. These new requirements will result in an estimated annual burden of 613.33 hours.
Recordkeeping Burden
The new recordkeeping burden requires each licensee to maintain its access authorization program under the requirements of 73.38(a)(2), it requires the licensee to maintain records on the background investigations for 5 years from the date the individual no longer requires access to spent nuclear fuel, it also requires the licensee when conducting an employment history evaluation, and the licensee may obtain information and documents by electronic means, including telephone. Licensees shall make a record of the contents of the telephone call and shall retain that record. These new requirements will result on an estimated annual burden of 38 hours.
Third-Party Disclosure Burden
The new third-party notification requirement increase will impact states, requiring the licensee not to initiate any element of a background investigation without the informed and signed consent of the subject individual. It also requires third party disclosure to have individuals required to have a background investigation to disclose the personal history information that is required by the licensee's access authorization program. These new requirements will result in an estimated annual burden of 319.65 hours.
One-time Burden
The new one-time burden requirement increase is due to licensees developing, implementing, and maintaining written procedures for conducting background investigations for persons who are applying for unescorted access authorization for spent nuclear fuel in transit. These new requirements will result in an estimate annual burden of 1,273 in year 1 annualized to 424.3 hours.
The information being collected permits NRC to make a determination as to the adequacy of the licensee's planned security system in meeting regulatory requirements. Information describing the normal operation of the physical protection system is needed to permit NRC to make a determination as to reasonable assurance that the physical protection system operates in accordance with the regulatory requirements. This information is needed to enable NRC to fulfill its responsibilities to respond to, investigate, and correct situations which adversely affect public health and safety or the common defense and security.
The total annual burden for this rule is: 1,395 (1,273 in year 1 annualized to 424 hours + 613.33 annual reporting + 38 annual recordkeeping + 319.65 annual third-party).
Also, there is a change in cost because the hourly rate increased from $258/hour to $274/hour.
$1,334,268
No
No
No
No
No
Uncollected
Cardelia Maupin 301 415-2312
No
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.
10 CFR 73, Physical Protection of Plants and Materials