10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material

ICR 201902-3150-001

OMB: 3150-0214

Federal Form Document

Forms and Documents
ICR Details
3150-0214 201902-3150-001
Active 201510-3150-009
NRC
10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material
Revision of a currently approved collection   No
Regular
Approved with change 02/21/2020
Retrieve Notice of Action (NOA) 02/21/2019
In accordance with 5 CFR 1320, the information collection is approved for three years.
  Inventory as of this Action Requested Previously Approved
02/28/2023 36 Months From Approved 02/29/2020
101,479 0 103,983
74,043 0 138,570
44,524 0 326,558

Part 37 of title 10 of the Code of Federal Regulations (10 CFR), contains security requirements for the use of category 1 and category 2 quantities of radioactive material. Licensees are required to: (1) develop procedures for the implementation of the security provisions; (2) develop a security plan that describes how security is being implemented; (3) implement security measures for the protection of the radioactive material; (4) conduct training on the procedures and security plan; (5) conduct background investigations for those individuals permitted unescorted access to category 1 or category 2 quantities of radioactive material; (6) coordinate with Local Law Enforcement Agencies (LLEAs) so the LLEAs would be better prepared to respond in an emergency; and (7) conduct coordination activities before shipping category 2 radioactive material, and preplanning and coordination activities before shipping category 1 radioactive material. Licensees are required to promptly report any attempted or actual theft or diversion of the radioactive material. Licensees are required to keep copies of the security plan, procedures, background investigation records training records, and documentation associated with implementation of the security program. The NRC uses the information required by 10 CFR Part 37 to fulfill its responsibilities to respond to, investigate, and correct situations that have the potential to adversely affect public health and safety or the common defense and security.

PL: Pub.L. 109 - 58 119 Stat 594 Name of Law: Energy Policy Act of 2005
   PL: Pub.L. 83 - 703 68 Stat 919 Name of Law: Atomic Energy Act
  
None

Not associated with rulemaking

  83 FR 54382 10/29/2018
84 FR 3833 02/12/2019
No

  Total Approved 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 101,479 103,983 0 0 -2,504 0
Annual Time Burden (Hours) 74,043 138,570 0 0 -64,527 0
Annual Cost Burden (Dollars) 44,524 326,558 0 0 -282,034 0
No
No
The previous burden for this collection was 138,570.2 hours and 103,982.9 responses. The burden is expected to change to 74,043.2 hours and 101,479.2 responses (a decrease of 64,527 hours and a decrease of 2,503.7 responses). • The requirements in 10 CFR Part 37 were added to NRC’s regulations in 2013 and included a number of one-time implementation requirements, such as one-time burdens to develop access authorization procedures and security procedures. Now that both the NRC and Agreement State licensees have implemented the requirements of final rule, the one-time reporting and recordkeeping requirements are complete and the burden is no longer included in the clearance package. The completion of one-time burden requirements resulted in a reduction of 61,600 hours annually due to the large burdens associated with procedure development. The burden to develop access authorization procedures was estimated to be 20,000 hours annually in the last clearance period, and the burden for security procedures was estimated to be 40,000 hours annually. Other one-time reporting and third-party party disclosure burdens totaled 1,600 hours. Current recordkeeping burden estimates include time to maintain and update access authorization and security procedures, but the work to initially develop the procedures is complete. • The number of overall licensees required to comply with Part 37 requirements is estimated to be 1,400 licensees compared to an estimated 1,500 licensees in the last clearance period. . This reflects the current estimate of licensees based on staff knowledge of the industry and takes into account licensees with aggregated material that is comparable to Category 1 and Category 2 quantities. The decrease in the overall number of respondents to the information collection contributed to the decrease in the estimated annual burden for the collection. In addition, there has been a reduction in other costs to licensees. Effective July 17, 2017, the fee for Criminal History/Fingerprinting transactions was reduced to $10.00 from $26.00 in the previous submission. The previous submission included $200,000 in one-time costs for 1,200 licensees to purchase filing cabinets. This one-time cost is complete and not included in the current estimates.

$282,383
No
    Yes
    Yes
No
No
No
Uncollected
Gina Davis 301 415-5776

  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.
02/21/2019


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