ML20027C087

Request for OMB Review & Supporting Statement Re 10CFR71.12 Concerning General License for Shipment in Packages Approved for Use by Another Person.Estimated Respondent Burden Is 1,200-h Annually

ML20027C087
Person / Time
Issue date:	10/04/1982
From:	Norry P, Scott R NRC OFFICE OF ADMINISTRATION (ADM)
To:
Shared Package
ML20027C083	List: ML20027C082 ML20027C087
References
OMB-3150-0008, OMB-3150-8, NUDOCS 8210120395
Download: ML20027C087 (7)

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REC.UEST FOR OMB REVIEW

,*s (Undst ths Papstwork Raduction Act and Exscutiva Ordst 12291) impsrtant - Read instructions (SF-83 A) before completing this Office of Information and Regulatory Affairs f arm. Submit the required number of copies of SF-83 together Office of Management and Budget with the material for which review is requested to:

Washington D.C. 20503

1. Dapartrnent/ Agency and Bureau / Office originating request

3. Name(s) and telephone number (s) of person (s) who can best answer questions regarding request U.S. Nuclear Regulatory Commission 1

2. 6-dignt Agency / Bureau number (first part of 11-digit Treasury 4.3-digit functional code (last part of 11-digit Treasury Account Account No.)

No.)

3 1 5

0 2

7 6

5. TstIs of inf ormation Collection or Rule, making.

C. is this a rulemaking submission under Section 3504(h) of 10 CFR 71.12 General License for Shio' ment in P.L. 96-5117 (Check one)

Packages Approved for Use by Another' Person 1 b No (Section 3507 submission) 2 O Yes, NPRM. Expected date of publication:

3 0 Yes, final rufe. Expected date of publication:

j

6. A. ls any mformation collection (reporting or recordkeeping) involved? (Check one)

Eftective date-16 Yes and preposal is attached for review D. At what phase of rulemaking is this submission med?

(Check one) 2 O Yes but proposalis not attached - skip to question D.

3 O No - skip to Question D.

1 O Not app!icable B. Are the respondents primanly educationat agencies or 2 O Maior rule.at NPRM stage institutions oris the purpose related to Federal education 30 Maior Final rufe for which no NPRM was published programs ?

4 O Major Final rule, after publication of NPRM O Yes 8 No 5 O Nonmajor rule,at NPRM stage 6I) Nonmajor rule,at Final stage COMPLETE SHADED PORTION IFINFORM ATION COLLECTION PftOPOSAL IS ATTACHED

8. Requested.

.1.2._Agencyleport fogn nu_mb_er(s) WSC*MW 9%d

7. Current (or former) OMB Number Expiratiort Date;;_

3150-0008 U Expiration Date 2.L _ _

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13. Are respondents only F.,ederal agencies? ~ - 1 F, e ',- w y'"

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' " Y'no i-A T.,CM : ~. m. l 6/30/83 6/30/83 a yes gi s.

14. Type of request (Check one)

9. Is proposed inf ormation collection listed in the information collection budget?

b Ye's' ~ O'No 1 O preliminary plan,.

10. Will this proposed information collection 2 O new (not previously approved or expired more than 6 months,

cause the agency to exceed its information

~ ago) e collection budget allowance? (if yes, attach tj yes 3 No 3 [5 revision Y

'l a menament request from agency head.) '

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4 C extension (ediustment to burden only).

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11. Number of report forms submitted for approval.

5 O extension (no change) k)

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6 0 reinstatement lexpired within 6 months)..

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16. Classification of Change in Burden (explain in supporting statement); 1 1' &

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S210120395 821006 Standard Form 83 (Rev. 3-81)

PDR mto EUSOMB For Use Beginning 4/1/81 PDR

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7. Abstrcct-Nnds snd usss (so wards or t:ss)

, *The final rule would amend NRC transportation regulations by reducing the number of documents which must be possessed by NRC licensees who ship radioactive material purs_uant to 10 CFR 71.12.

18. Rsittad report f orm(s) (give OMB number (s), IRCN(s),

20. Catalog of FederalDomestic Assistance, Program Number intarngl_ agency report form nQmber(s) o_r symbol (s)) ^

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r 21.Small business or organization O Yes 7d No 9 9. Typa of affected public (Check as manyas apply)

22. Type of activity of affected public-indicate 3-digit Standard Industrial Classification (SIC) code (s) (up to 10) -if over 1 O individuals orhouseholds 10, check O Multiple or O All 2 O state orlocalgovernments 3 O firms 9

40 businesses or otherinstitutions (except farms)

83. Brizf description of affected public le g.," retail groce,ry stores,"" State education agencies, "hou:eholds in.50 largest SMSAs")

NRC licensees

24. Purpose (Check as many as apply. If more than one. indicate

26. Collection method (Check'es'manyas apply)#

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.. 1 O mall self-admin \\steredD&_R',.Qlk C '

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pr2 dominant by an a sterisk) 2O otherself-administeredP W'J.

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25.Frcqusncy of Use

27. Collection agent (Check one);-?..

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Rscurring (check as many as apply) 2 O other FederalDepartment/ Agency

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2 O on occasion 6O semiannually 3 O private contractor 3 0 weekly 7Q annually 4 O Tecordkeeping requirement _

3 4 0 monthly 80 biennially 5 O other-describe:

5 0 quarterly 90 other-describe:

26. Authority for agency for information collection or 30.Do you promise confidentiality?

rulemaking-indicate statute, regulation, judicial decree.

(if yes explain basis forpledge t

etc.

Atomic Energy Act of 1954 in supporting statement.)

O Yes.

)d No :

Eriergy Reorganization Act of 1974 31.will the proposed information correction create a new or become part of an existing Privacy Act system of records?

29. Respondent's obligation to repty (Check as many as apply)

(If yes. attach FederalRe ister notice orproposeddraft of 1

1 O voluntary notice.)

O Ye's E N$.

2 O, rsquired to obtain or retain benefit 1

32. Cost to Federal Government of 313 mandatory-cite statute, not CFR (attach copyggn ytatutory authority)

nformation collection or rulemaking S (-)?000.00 annually COMPLETE ITEMS 33 THRU 35 ONLY IF RULEMAKING SUBMISSION 33.Comphance costs to the public

' 34. is there a regulatory impact 35.ls there a statutory orjudicial analysis attached?

deadline affecting issuance?

s O Yes O No O Yes. Enter date.

O No I CERTIFIC ATION BY AUTHORIZED OFFICI ALS SUBMITTING REQUEST-We certify that the information collection or rulemaking submitted for l reyi w is necessary for the proper performance of the agency's functions,that the proposal represents the minimum pubhc burden and Federal cost i Consistsnt with ne.ed.and is Consistent with applicable OMB and agency policy directives. Signature and title of:

ASPEQYING F ICY OFFiclAL Fo84 AGENcv DATE suButTTING orFICI AL oATE M /f

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' Pat icia G. Norry

4 V

SUPPORTING STATEMENT FOR REDUCTION OF RECORDXEEPING REQUIREMENTS:

General License for Shipment In Packages Approved for Use by Another Person 1.

JUSTIFICATION In response to a petition for rulemaking (PRM71-8) The Nuclear Regulatory Commission is amending its transportation regulations in 10 CFR'71,

" Packaging of Radioactive Material for Transport and Transportation of Radioactive Material Under Certain Conditions," to reduce the recordkeeping requirements of the general license in 571.12.

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Section 71.12(b) of'NRC's regulations for pacia'ging of radioactive material for transport provides a general license for the use of a package that the NRC has previously evaluated and specifically authorized another licensee to use.

The general license provision was adopted in 1970 to eliminate a need for anyone, other than the first specifically authorized user of a particular package, to communicate with the NRC with respect to the design and. construction of the package.

Among the conditions of the general license is the requirement that the general licensee have "all" documents referred to in the specific authorization. - Accordingly, the general licensee using the package has been required to possess (but not to submit to the NRC-) a copy of the. entire applica-tion which was submitted to the NRC by the first authorized user of the package.

Upon consideration of the actions to be taken by the general licensee to ensure safe shipment of radioactive material, it appears justified to require that the general licensee have for its package those drawings and other documents which deal with use and maintenance of the package and with acti.ons to be taken prior to shipment.

This requirement for documents, in lieu of the requirement for "all" documents which are referred to in the NRC approval -

certificate, will be provided by the amended rule.

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2. DISCUSSION OF THE RECORDS INVOLVED In 1970 the U.S. Atomic Energy Commission (AEC) amended its trans-portation regulations to provide a general license for the use of pack-ages used to ship licensed material which the Commission had previously evaluated, found to meet the standards of Part 71,.and specifical,1y authorized another licensee to use.

Prior to that amendment, a licensee was required to apply to the Commission and obtain specific authoriza-l tion to use a package even though another licensee was already licensed to use it for the same radioactive material.

The procedure prior to that amendment involved unnecessary paperwork by the Commission and its licensees without any increase in the safety of the shipments.

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'The general license procedure adopted in 1970 provided authority for any AEC licensee to use any package which had been specifically licensed by the AEC for this use if the general, licensee (1) had a copy of the specific ~1icense and related documents authorizing use of the type of package, (2) complied with the terms and conditions of the specific license, and (3) notified the AEC of the specific licensee's name ar.d license number and the nodel number of the packaging.

The general license published by AEC (now in 671.12 of NRC's regulations) has been effective in reducing paperwork; however, one'of its requirements has caused questions about the documents which the gen '

i eral licensee must possess.

The general licensee must have a copy of

. "...all documents referred to in the license, certificate, or other l

approval..."

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The specific approval issued by the Commission refers to the entire application, as supplemented, which was submitted in requesting approva'l of the package.

Applications include safety analyses to demonstrate that the package is adequate to meet the regulations in Part 71.

These analyses include betailed information on, for example, codes and stand-ards that were used during structural evaluations to determine material properties, design limits, and methods of combining loads and stresses.

The analyses also include. operating procedures for loading'and unload-ing the packap"., preparation of an empty pa cage for transport, and a maintenance program for packages.

(Guidance to applicants for package approval is given in NRC Regulatory Guide 7.9, " Standard Format and Content of Part 71 Applications for Approval of Packaging of Type B, ['

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Large Quantity, and Fissile Radioactive Material.")

j In.considering the petition for rulemaking, the Commission noted

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that although all the documents referenced in the approval document may have been important in the package ' designer / manufacturer'~s demon-stration of package adequacy, some of the documents may be of questionable value to subsequent use,rs of the package under a

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general licens~e.

As the petitioner suggested, the requirement for the general licensee to possess "all" referenced documents may cause acquisition and retention of some documents which would not contribute--

to safety of shipments.

Upon consideration of the information that would contribute to safe shipment, it appears appropriate to modify S71.12(b)(1)(i) so that the general licensee will not be required to have "all" referenced documents, but will be required,to have those drawings and other documents which.

relate to the use and mainten&nce of the packaging and to the actions to be taken prior to shipment.

Additional guidance on the drawings and other documents which will be required'to be kept by the general licensee-l is provided in sections 1, 7 and 8 of NRC Regulatory Guide 7.9.

t 3.

CONSULTATIONS OUTSIDE THE AGENCY The notice of receipt of petition for rulemaking was published in the Federal Register (45 FR 39519) and comments were invited.

Three letters of comments, all supporting reduction of the existing recordkeeping requirements, were received.

A notice of proposed rulemaking was published in the Federal Register (47 FR 21269) for comment and eleven comments were received.

All the comments supported the proposed change from "all" documents to those of the packaging and to the actions to be taken prior to shipment."

The final rule is the same as the proposed rule.

4.

ESTIMATION OF REDUCTION IN COMPLIANCE BURDEN Approximately 200 persons per year are expected to register with NRC for use of the ~ general' license in g71.12 and become subjer.t to the recordkeeping requirements of 671.12(b)..The petitioner for the rulemaking indicated that as a registered user of 5 sinpping containers, the "all" documents for the containers consisted of approximately 48-drawings and about 250 pages of applications, test r.esults, photographs and other correspondence.

If it is roughly assumed that the petitioner's records are typical, then about 10 drawings ard 50 pages of applications, etc., were required to be possessed by the registering general licensee for each model container to be used. The staff has estimated roughly that the present amendment will reduce the required records by 50%;

thus; the. general licensees (collectively) annually will be required to acquire and maintain 1000 (i.e., 200 x 5) fewer drawings and 4000 (i.e., 200 x 25) fewer pages of applications, etc., than would be required i.n the absence of the amendment.

An estimated 200 general licensees will begin use of a container under g71.12 each year and will be required to establish the appropriate records for thcir respective containers.

The amendment to the record-keeping requirements of 71.12 to reduce the number of required documents is estimated to cause a savings of one hour in establishing the record for the container and an estimated one hour annually in maintaining the file. Thus, during the first year of the amendment, there would be a savings of 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> in record establishment and 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> in record maintenance.

If we assume that a container will be used for five years, then we eventually reach the equilibrium condition of saving annually 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> in record establishment and 1000 hours0.0116 days <br />0.278 hours <br />0.00165 weeks <br />3.805e-4 months <br /> in record maintenance for a total annual savings of 1200 hours0.0139 days <br />0.333 hours <br />0.00198 weeks <br />4.566e-4 months <br /> in recordkeeping costs. This is clerical time and at a cost of $20/ hour represents an annual reduc-tion in burden of $24,000.

In addition, by reducing the recordkeeping requirement as is done by the amendment, the likelihood of a general licensee being in non-compliance with the regulatory requirements is considerably decreased. The records that will be required to be maintained are directly applicable to the general licensee's operations and less likely to be unavailable to the general licensee than in the case when "all" documents were required to be kept.

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ESTIMATION OF REDUCTION IN COST TO THE FEDERAL GOVERNMENT The amendment will have little cost effect on the Federal Government.

Since the records involved are maintained by the general licensees, the only effect on NRC is to reduce the number of documents to be reviewed by an NRC inspector when determining that a general licensee is complying with the regulatory recordkeeping requirements.

The g71.12 general licensees will maintain an estimated 1000 records.

If one-third of the records are inspected annually and if the reduction in individual record size resulting from this amendment reduces inspec-tion time by 10 minutes per record, the annual burden savings to NRC will be about 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br />. At a cost of $40/ hour for professional time, this represents an annual savings to NRC of $2000.

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