10 CFR 73, Physical Protection of Plants and Materials

Forms and Documents

Document Name	Status
2010 Regulatory Analysis for 10 CFR Parts 71 and 73.doc Supplementary Document	2010-12-01
2010 SS for 10 CFR Parts 71 and 73 Proposed RUle.doc Supporting Statement A	2010-12-01

IC Document Collections

IC ID	Document Title	Status
33115	10 CFR 73, Physical Protection of Plants and Materials	Modified

ICR Details

OMB Control No: 3150-0002	ICR Reference No: 201011-3150-008
Status: Historical Inactive	Previous ICR Reference No: 200904-3150-001
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
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 01/06/2011
	Date Received in OIRA: 12/09/2010
Terms of Clearance: In accordance with 5 CFR 1320, comment filed on proposed rule. Agency to address comments at final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2012	09/30/2011	03/31/2012
Responses	182,119	0	182,119
Time Burden (Hours)	1,005,313	0	1,005,313
Cost Burden (Dollars)	91,332	0	91,332

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Abstract: Proposed Rule, 10 CFR Part 73, "Advance Notification to Native American Tribes of Transport of Certain Types of Nuclear Waste" The NRC is proposing to amend its regulations to put in place a new requirement for licensees to provide advance notification to participating Tribes of any shipments of irradiated reactor fuel or certain other nuclear wastes listed in § 71.97 that pass within or across Tribal reservations.

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Authorizing Statute(s): PL: Pub.L. 83 - 703 68 STAT 919 Name of Law: Atomic Energy Act
   PL: Pub.L. 109 - 58 119 STAT 594 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-AG41	Proposed rulemaking	75 FR 75641	12/06/2010

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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

IC Title	Form No.	Form Name
10 CFR 73, Physical Protection of Plants and Materials

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The proposed rule will increase the recordkeeping and third party notification requirements in Part 73 by 163 hours from 524,820 to 524,983 because this is a new requirement to notify participating Tribes of shipments that cross Tribal reservations. The proposed amendment will require licensees to provide to Tribal officials advance notice of shipments of irradiated reactor fuel and other radioactive wastes listed in 10 CFR 71.97 before crossing the border of Tribal reservations. All of the burden is associated with Part 73; there is no expected increase for Part 71 The total annual burden for this proposed rule is 163 hours (6.4 recordkeeping hours + 156.4 third party hours). The total annualized burden cost for this proposed rule is $41,891 (163 hours x $257/hr).

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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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: 12/09/2010

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