ML20029D333

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Requests That OMB Clearance Package Be Provided in Sufficient Time to Allow IRM Review & Approval Prior to Projected Date for Publishing Rule on Conforming Amends to 10CFRs for U Enrichment Regulation
ML20029D333
Person / Time
Issue date: 04/16/1991
From: Shelton B
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To: Sharon Hudson
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML19352C222 List:
References
FRN-56FR46739, RULE-PR-110, RULE-PR-140, RULE-PR-150, RULE-PR-170, RULE-PR-2, RULE-PR-40, RULE-PR-50, RULE-PR-51, RULE-PR-70, RULE-PR-75 AD90-1-017, AD90-1-17, NUDOCS 9405050143
Download: ML20029D333 (5)


Text

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[pa asoog[o UNITED STATES

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g NUCLEAR REGULATORY COMMISSION h

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\\6 MEMORANDUM FOR:

Shirley Hudson Information Management Coordinator Office of Nuclear Regulatory Research FROM:

Brenda Jo. Shelton, Chief Information and Records Management Branch Division of Information Support Services Office of Information Resources Management

SUBJECT:

CONFORMING AMENDMENTS TO TITLE 10 0F THE CODE OF FEDERAL REGULATIONS FOR URANIUM ENRICHMENT REGULATION, PROPOSED RULE i

The above referenced rule contains information collections that require OMB review. Please provide an OMB clearance package in sufficient time to allow IRM review and approval prior to the projected date for publishing the rule.

The OMB clearance package should detail burdens that have moved from Parts 50 to Parts 40 and 70 and any additional information collections occasioned by the passing of Public Law 101-575.

The Paperwork Reduction Act Statement in the rule must be changed to reflect enclosure 1 as paragraph one, and enclosure 2 as paragraph two.

Note also that section 70.8(b) must be modified to include the information collections l

contained in section 70.25, and section 140.9a must be modified to include the collections in the new section 140.13b.

l If you have any questions, please contaclt Beth St. Mary on extension 28540.

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. Shel n,

l 7vInformati and Records Management Branch l

Division of Information Support Services l

Office of Information Resources Management

Enclosures:

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As stated f5/

cc:;C;;Njlsen',lRES3 P. Loysen, NMSS R. O'Connell, NMSS l

h505gl43940421 2 5bFR46739 pyg

Endou e L i

3.

Amendments to existino reouirements.

The accompanying Commission Paper should contain a stater.ent similar to that in the rule.

Prooosed Rule Final Rule PAPERWORK REDUCTION ACT STATEMENT PAPERWORK REDUCTION ACT STATEMENT This proposed rule amends information This final rule amends information-collection requirements that are collection requirements that are subject to the Paperwork Reduction Act subject to the Paperwork Reduction of 1980 (44 U.S.C. 3501 et seq.).

This Act of 1980 (44 U.S.C. 3501 rule has been submitted to the Office et seq.).

These requirements were approved of Management and Budget for. review by the Office of Management and Budget

and approval of the paperwork requirerunts.

approval number 3150-4 OMB approval reouested at the final-rule stao_e.

The accompanying Commission Paper should contain a statement. similar to that in the rule.

There are two situations for which OMB approval may be requested at the final-rule stage.

One is explained in the sample. statement below.

The other covers emergency collections of information (see Section 3507(g) of the Act) that would require a case-specific statement.

Proposed Rule Final Rule Not applicable.

PAPERWORK REDUCTION ACT STATEMENT The information collection requirements in this final rule were not reviewed by the Office of Management and Budget at the proposed-rule stage because the proposed rule was published prior to April 1,1981, when the Paperwork Reduction Act became effective.

Therefore, the Nuclear Regulatory Commission has submitted this final rule to the Office of Management and Budget for any review appropriate under the Act (44 U.S.C.

3501 et seq.).

The effective date. for the information collection requirements in this rule provides the 60 days required for OMB review.

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Enclosure

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t Public reporting burden for this collection of information is estimatea to average hours per response, including the time for reviewing instructions, searching existing cata sources, gathering ano maintaining the data needea, and completing and reviewing the collection of information. Seno comments regarding this buroen estimate or any other aspect of this collection of information, including suggestions for reoucing this burcen, to the Information and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, D.C. 20555; and to the Desk Officer, Office of l

Information and Regulatory Affairs, NE08-3019, (3150-ttat}, Office of n

Management ano Budget, Washington, D.C. 20503.

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o lations in this part by any otficer e Department of ubor. The aa.

1 70.8 Information collection require-er employee of the Commission other trative proceedmg must be initi, ments: OMil approval

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Jhan alw ritten Interpretation by th, within 30 days af ter an alleged General Counsel will be recocmzed g tion occurs by filing a complamt (a) The Nuclear Reculatory Commis-lI be omalng upon the Commission.

Ing the violation with the Depart.

sion has submittea the mformation collection requirements containea in j}

t of Labor. Employment Stand.

l 1 70.7 Employee protection.

Adnuntstration. Wage and Hour this part to the Office of Management and Budget (OMB) for approval as re.

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<a) Discrimination bv a Comm%

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Waucmn l

ucensee. an applicant f or a Comm!S der reir tat n bc a

mon hcense, or a contractor or suocon.

compensatory damages.

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tractor of a Commission heensee or ao

) A violation of paragrapn ia) of OMB has approved information collec-j pheant agamst an employee for enau.

section by a Commission licensee.

tion requirements contained m tnm pplicant for a Commission heense. Jart under control numoer 3150 0009.

j mg m certain protected activities a 4 contracter or subcontractor of a

_Mhe approved information conec.

prohibited. Di.3ct:mination

.nclud*3 l1 cischarge and other actions that relate tssion licensee or applicant ma$y tion requirements contamed in this ounds lor:

to compensation. t erms. condition 3 part appea_rm) 70.19, 70.20a. 70.20b.

Denial, revocation. or suspension U.2L TU.22. 70.2Q;0 3 2. 70.33, 70.34.

l md privileges of empiovment. De e license.

s0.38. 70.39, 70.51, 70.52, 70.53. 70.57, protected activities are established m section 210 of the Energy Reorgant4 Imposition of a civil penalty crk _70.58. 70.59, and 70.60.

tion Act of 1974. as amended, and m censee or applicant.

7FThTs part contains information Other enforcement action.

general are related to the administra-collection requirements in addition to tion or enforcement of a requirement Actions taken by an employer, or those approved tmder the control

, which adversely affect an em-i imposed under the Atomic Energy Act or the Energy Reorgamzation Act.

ce may be predicated upm nondis-number specified m paragraph (a) of I~

(1) The protected activities mehide tory grounds. The rrohibition this section. These mformation collec-tion req uirements and the control a

but are not limited to-lies when the adverse action occurs (i) Providing the Commission infor-use the employee has engaged in numbers under which they are ap-mation about possible violations of re-ted activities. An employee's en-proved are as follows*

i ent in protected activities does (1) In 170.21. Form N-71 is approved l

quirements tmposed under either of the above statutes:

automatically render him or her under control number 3150-0056.

t 11) Requesting the Commission to e from discharge or discipline (2) In 170.38. Form NRC-314 is ap-egitimate reasons or from adverse proved under control number 3150-institute action agamst his or her em-dictated by nonprohibited con.

0028.

ployer for the admmistration or en-i tions.

l forcement of these requirements: or (3) In 170.53. Form NRC-742 is ap.

j Each licensee and each applicant proved under control number 3150-t iil) Testifying in any Commission post Form NRC-3 " Notice to Em.

0004.

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proceeding.

s," on its premises. Posting must

< 4) in i 70.53. Form NRC-742c is ap.

(2) These activities are protected locations sufficient to permit em*

J even if no formal proceedmg is actuaJ.

proved under control number 3150-protected by this section to ob-non i

ly imtlated as a result of the employee a copy on tile wav to or ! rom

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hance or parM 1pation.

(5) In s 70.54 Form NRC-741 is ap-place of work. Premises must be l

i M Th s section has no application to not later than 30 days af ter an poved nr. der control number 3150-

any employee alleging discrimmation cation is docketed and remain 0003.

1 prohibited by this section who. acting while the application is pend.

(6) In 170.53. NRC Form 327 is ap-(

without direction from his or her em-fore the Commission, durmg the proved under control number 3150-l player tor the employer's agent). dehl>

of the license, and for 30 days 0139.

i erately causes a violation of any re-wing license termination.

l Quirement of the Energy Reorganaa-149 FR 19628. May 9.1984. as amended at 52 g tion Act of 1974, as amended. or ttle Copies of Form NRC-3 may be ob.

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by wntmg to the Regional Adminis.

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j 140.8 10 CFR Ch. I (1-1-90 Edition)

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miums in accordance with 1 140.21(e),

ble indemnity agreement set forth in W

i a fee of $1,000 or the indemnity fee, the appendices to this part, as such whichever is greater, shall be required. appendices may be.Lmended from time perate Of T'a (b) Where a licensee manufactures a to time.

i number of nuclear teactors each Of C

[48 FR 1030 Jan.10,1983)

-(3) In ti h

havmg a power level not exceeding 3%

u, Mh, megawatts, for sale to others and oper. 9140.9a information collection require. l each nucle def=

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ates them at the licensee's location ments: OMB approval.

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temporarily prior to delivery, the 11-section 104 censee shall report to the Commission (a) The Nuclear Regulatory Commis.

tribrized tc

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I the maximum number of such reactors sion has submitted the information I ge,ej exce, to be operated at that location at any collection requirements contained in fri excess o f',

one time. In such cases, the fee shall this part to the Office of Management 4

h'(4)In an equal $100 multiplied by the number and Budget (OMB) for approval as re-

,000,0a of reactors reported by the licensee. In quired by the Paperwork Reduction as second.-

the event the number of reactors oper. Act of 1980 (44 U.S.C. 3501 et seq.),

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ated at any one time exceed the esti. OMB has approved the information afaHable t mate so reported, the licensee shall collection requirements contained in report the additional number of reac. this part under control number 3150 tive rating tors to the Commission and additional _0039.

pnndum e charges will be made. If experience (b) The approved information co11ec.,

s!bre of t shows that less than the estianated tion r*quirements contamed in this,

h am number of reactors nave been operate part appear in il 140.6,140.7 J40.15, t - ment 01 ed, appropriate adjustment in subse, 140.17,140.20,140.21 and 140.22.%

getion 1; quent bills will be made by the Com4 M 5i!

mission.

- (49 FR 19629 May 9,1984)iy i m

$n) for (

(c) Each person licensed to possess Sub art B-Provisions Applicoble i

d for P

and use plutonium in a plutonium processing and fuel fabrication plant Only to Appis,conts and Licensees i

at shall pay to the Commission a fee of Other Than Federal Agencies 1

1

',000 e 55.000 per year for indemnification, and Nonprofit Educational insti-ded.

This fee shasil be due for the period tutions plan for e begmning with the date on which the geh nucl applicable indemnity agreement is ef.

  1. 140.10 Scope.

W operat fective and shall be paid in accordance This subpart applies to applicants

% resp with billing instructions received from for and holders of licenses issued pur-Wlbs an' the Commission.

suant to Part 50 of this chapter au-ici

[25 FR 2944 Apr. 7,1960, as amended at 42 thorizing operation of nuclear reac-re FR 49, Jan. 3.1977) tors, except licenses for the conduct of in o educational activities issued to, or ap-ed, f 140.8 Specific exemptions.

plied, for by persons found by the y In e The Commission may, upon applica. Commission to be nonprofit education-tion of any interested person or upon al institutions and except persons teri j

its own initiative, grant such exemp. found by the Commissien to be Feder-ge tions from the requirements of the al agencies. This subpart aho applies g

regulations in this part as it deter. to persons licensed to poseas and use 97 mines are authorized by law and are plutonium in a plutonium processing

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otherwise in the public interest, and fuel fabrication plant.

[34 FR 19546. Dec.11,1969)

[42 FR 49 Jan. 3,1977]

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9 140.9 Modification of indemnity agree.

9 140.11 Amounts of financial protection

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ments, for certain reactors.

1 The Commission will publish in the (a) Each licensee is required to haVe 2,9 FEDERAL ReotstEn a notice of its intent and maintain financial protect. ion:

y to enter into an indemnity agreement.

(1) In the amount of $1,000,000 for

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or agreement amending an indemnity each nuclear reactor he is authorized agreement, which contains provisions to operate at a thermal power level i F

different from the form of the applica-not exceeding ten kilowatts; I

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