ML20040E080

Request for OMB Review & Supporting Statement Re Physical Protection of Formula Quantities at Nonpower Reactors,Per 10CFR73.Estimated Respondent Burden Is 1,200-h Annually

ML20040E080
Person / Time
Issue date:	01/22/1982
From:	Donoghue D, Scott R NRC OFFICE OF ADMINISTRATION (ADM)
To:
Shared Package
ML20040E077	List: ML20040E076 ML20040E079 ML20040E080
References
NUDOCS 8202030078
Download: ML20040E080 (10)

Text

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r RECUEST FCR C MB REVIEW (Undir tha P!p:rwork R: duction Act and Ex:cutiv2 Ord:t 12291)

Imp rt:nt - Read instructions (SF-83A) before completing this Office of information and Regulatory Affairs f:rm. Submit the required number of copies of SF 83, together Office of Management and Budget '

with tha material for which review is requested to:

Washington, D.C. 20503

1. D;p;rtment/ Agency and Bureau /Oflice originating request

3. Name(s) and telephone number (s) of person (s) who can best answer questions regarding request U.S. fluclear Regulatory Commission Pat Woolley (301) 492-8137 2.6-dsgit Agency / Bureau number (firstpart of 11 digit Treasury

4. 3-digit f unctional code (last part of 11-digit Treasury Account Account No.)

No.)

L L _0_

_2_.0_. _0_

_2_ _7_ _1

5. Tetis of Informatnon Collectnon or Rulemaksng C. Is this a rulemaking submission under Section 3504 th) ot PL 96-511 ? (Check one)

Physical' Protection of Formula Quantities i x No tsection 3sor submissioni at lionpoWer Reactors 2 0 Yes. NPRM. Expected date of pu'bli$ation:

6. A.Is anyInformation collection (reporting or recordkeepong) 3 0 Yes,tinal rufe. Expected date of pubiscatnon.

Involved? (Check one)

Ettective date:

D. At what phase of rulemaking is this submission made?

1 X Yes and proposal is attached for review 2 O Yes but proposalis not attached - skip to question D 3 O No - skip to Question D.

1 O Not applicable B. Ars the respondents primanly educationalagencies or 2 0 Maior ru!e.at NPRM stage institutions or is the purpose r0 lated to Federaleducation 3 O Major Final rule for which no NPRM was pub!ished

. programs ?

4 O Major Finalrule.after publication of NPRM O Yes

@ No 5 5 Nonmajor rule, at NPRM stage 6 O Nonmajor r ute. at Final stage COMPLETE SHADED PORTION IF INFORMATION COLLECTION PROPOS AL IS ATTACHED

7. Currsnt (or former) OMB Number

8. Requested

12. Agency,repfo form number (s) pm% 4

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~'piration Date..

N/A Ex ~~^

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3150-0002 EE,xpir. tion Datejh..mm

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13. Are respondents only Federal agencies?. p >

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5/31/83 5/31/83 0 Yes

)(% No' Els proposed information collection listed in

14. Type of request (Check one)

.p l thainformation collection budget?

O Yes

% No

._,1 O prehminary ptan h'j.. L 2p new (notpreviouslyapprovedorexpired' ore than 6mor'fhs; A i m

10.,Will this proposed information collection

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%. colliction budget allowance? (11yes, attach.O Yes ^'

ccuse the a gency to exceed its information 3 O frevisio'n

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@ No jg extension (ediustment to burden onIy) I l

Em:ndment request from agency head)

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,11. Number of report forms submitted far approval 5 O extension (no change)

I N/A 6 0 te'nstatement lexp' red witt<* 6 months) h 15.

16. Classification ot Change in Burden (explain en supporting su tement) i.

O. Approximate site of.

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~ No of Responses No.of Reportmgliours' Cost to the Public t(seoi..mpie _

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~ n. Explanation of difference findicate as many as apply) n

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8202030078 820127 Standard Form 83 tRev. 3-81)

PDR ORG EUSOM For use Beginning 4/1/81 gg

17. Abstr:ct-Nxds cnd Usis (50 w:rds crl;ss)

?(RC proposes rulemaking change to aff6ct changes in its regulations to require additional,

physical protection measures for formula quantitics of strategic nuclear material used in op ration of nonpower reactors.

'I8.Ritat;d report form (s) (give OMB number (s),lRCN(s)AW%. 20. Catalog ot Federal Domestic Assistance Program Number t: __ int ~rnalagencyLeport form numbel{s[6r symb.0,!(s)W4WW

,3 N/A 21.Small business or organization O Yes IX No N/A P

19.Typ3 of affected public (Check as manyas apply).

22. Type of activity of affected public-indicate 3-digit Standard

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~'~ Industrial Classification (SIC) code (s) (up to 10) - if over

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O All <

. 1 O individuals or households 3;..

10, check O Multiple or 2 O state orlocalgovernments 4-R ; 'f

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3 0 farms K C.;;

M a CC businesses orotherinstitutions (excepf farms) 23.Brizf description of affected public (egn,"retailgrocerystores."" State education agencies,""householdsin SOlargest SMSAs")

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NRC licensees

24. Purpose (Check as many as apply. If more than one, indicate 26.Colle~ctiliri'rdeth&f (Check ~as many.as epklyGfY }

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1 O cpplication for benefits pah;js.

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6 0 research M6 DYthe'r@e'sYNtY:

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'25.Friquency of Uee n" *.N; 'i-WT'.V ' ' ~ ~

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28. Authority for agency for information collection or 30.'Do yoY'Ts7co'nT5 ntW "

e rul.smaking-indicate statute regulation.judicialdecree,

.M(Ifyss, p aI56 asis fordle' 6tC-U" * * @5'*Y***"O D'* NEW -

ER Act of 1974 m

AE Act of 1954 31.Will the proposed information collection create ahew or."

become part of an existing Privacy Actsystem of records *l.'.

29. Rsspondent's obfigation to reply (Check as many as apply)

(If yes. attach Federal Register. notice orproposed draft of.

notice.)- lO Yes CNoW$%7;::'..:., $

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1 O voluntary 2 drequired to obtain or retain benefit g g, *,,,-g.g[};-

32. Cost to Federa Gove nrneSt of

[ f 3g mandatory-cite statute, not CFR (attach copygf5'/.L'iED- :.

information collection or rulemaking SRR; Ann statutory authority) i COMPLETE ITEMS 33 THRU 35 ONLY IF RULEM AKtNG SUBMtSSION

33. Compliance costs to the public j 34. Is there a regulatory impact

35. ls there a statutory or judicial ana;/ sis attached?

deadline affecting issuance?

s O Yes O No O Yes. Enter date:

O No CERTIFIC ATION BY AUTHORIZED OFFICI ALS SUBMITTING REQUEST-We certify that the information collection or rulemaking submitted for L r;vi1w is necessary for the proper performance of the agency's functions, that the proposal represents the minimum public burden and Federal cost consist:nt with need, and is consistent with applicable OMB and agency policy directives,. Signature and title of:

AM.OYING POLICY OFFICIAL FoR AGENCY oATE sueWTTING oF74CIAL oATE.

DanqielJ.Donchw.a 1-n &

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6-SUPPORTING STATEMENT FOR

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INFORMATION COLLECTION REQUIREMENTS 10 CFR Part 73

_ Physical Protection of Fornula Quantities at Nonpower Reactors 1.

Justification The Nuclear Regulatory Commission is amending its regulations to require additional physical protection measures for formula quantities of strate-gic special nuclear material used in the operation of nonpower reactors.

This action is in accordance with the Comission's continuing responsi-bility for assuring the protection of the public he.alth and safety and

.the common defense and security of the United States from possible adverse consequences which may arise from the theft of nuclear materials used at these licensed facilities.

As part of the normal licensing procedures of the Commission, affected licensees will be required to submit amended physical security plans for the Comission'y approval. Also, these licensees will be required to notify the Commission 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in advance of periods when certain additional physical protection measures would be required to be implemented. This notification is required.in order for the Commission to maintain current knowledge.of-the status of the nuclear

-f material requiring physical protection at licensed facilities, so that appropriate inspection and enforcement procedures may be applied.

Approximately 15 licensees would,be affected by the proposed amendments.

They would be required to submit amended physical security pl.ans. However, probably only one licensee would find it necessary to notify the Comis-sion of prospective changes in the status of special nuclear material at a facility.

The information collected would be solely for internal use by. Commission staff members involved in Commission licensing, inspection and enforce-ment activities. Physical protection plans'provioed the Commission by licensees are considered proprietary information and are not normally l

released to the public. These plans also would be protected against unauthorized disclosure under provisions for.the protection of safeguards information at.573.21 of 10 CFR Part 73.

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The amended security plan's would be submitted' to the Commission on a one-time basis. No similar information is already available to the Commission since it' involves specific prospective actions the licensee would plan to take in. response to the newly promulgated requirements.

None of'the lichnsees are individuals or small organizations employing under.100 persons and would not fall within the scope of the definition i

of "small entities" set forth in in the Regulatory Flexibility Act or the Small Busines:: Size Standards in. regulations issued by the Small Business l

Administration at 13 CFR Part 21.

l 1

1

r 2.

Description of Survey Plan The proposed amendments would require only 15 licensees to submit specific informction in the form of amended physical security plans about how they would comply with the substantive provisions of the proposed amendments.

These plans are not in the nature of a survey, and cannot be described in statistical terms.

3.

Tabulation and Publication Plans'

- Each of the amended physical security plans received by the Commission is to be processed on an individual basis.

Thus, no tabulation or

. publication of the information received is contemplated.

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4.

Time Schedule for Data Collection and. Publication The time schedule for collecting the information is detailed in the proposed rule 73.67(c)(3). -The amended physical security plans are

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i required to be submitted by current licensees within 150 days after

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the effective date of the proposed amendments. This would allow ample time for the licensees to make. preparations for compliance with the s substantive provisions of the new regulation as well as preparation of.....

.y the amended physical security plan document. There are no plans for publishing the collected information.

5.

Consultations Outside the Agency l

No persons outside of the Nuclear Regulatory Commission and no officials -

of State or lo' cal governments were consulted about the proposed infor-mation collection requirements, since these requirements are part of the routine licensing procedures of the Commission and involve neither the -

collection of data available from more than one source nor the obtaining of the information from these officials.

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.6.

Estimate of Respondent Reporting Burden The major portion of the respondent's burden will be to prepare an amended physical security plan in accordance with the new requirements.

This plan will reflect the licensee's intended course of action for complying with the increased physical protection requirements in the i

event such action becomes necessary as a result of changes in the radi-ation dose. rate levels of the special nuclear material possessed by the licensees.

Actual preparations for complying with the regulations and implementing physical protection requirements would have to be undertaken by the licensees regardless of whether the NRC required licensees to j

report to the Commission on these activities, and are not considered to contribute to the cost of information collection.

Previous contacts with licensees indicate that the required preparation time for an amendment to l

l a physical' security plan of the magnitude commensurate with the proposed requi~rements, apart from activity directed toward compliance with the i

requirements, would average about 80 p'erson-hours per licensee.

This 2

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i effort would include preparing draft and final versions of the physical security plan amendments in accordance with a revised standard format guide to be provided by the Commission before the final amendments become

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effective.

The amount of' time involved in complying with.the 48-hour.

advance notice requirement would be insignificant since it would involve only a brief telephone call, and would be'necessary for probably not more than one licensee several times a year.

m 7.

Sensitive Questions This is not applicable since no individuals will be included as respondents.

8.

-Estimate of Cost to Federal Goi?rnment The only substantive costs to the Federal Government arising out of the amendments are related to the technical analysis of.~ the information.

collected.

The amount of professional staff time expected for this review of amended physical security plans is estimated to be approxi-mately 1.0 man year.

T.his converts into a cost of $58,600, including

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overhead.

No additional costs to the government for storage of the" amended plans are involved since the plans'are already maintained in an active file as part of the normal licensing proce'ss.

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SUPPORTING STATEMENT FOR INFORMATION COLLECTION REQUIREMENTS 10 CFR Part 50 50.34(c) and (d)

Physical Protection of Formula Quantities at Nonpower Reactors 1.

Justification The Nuclear Regulatory Commission is amending its regulations to require

~

additional physical protection measures for formula quantities of strat'egic special nuclear material used in the operation of nonpower reactors. This 4

action is in accordancs with the Commission's continuing responsibility for assuring the protection of the.public health and safety and common defen,se and security of the United States from possible adverse consequences which i

inay arise from the theft of nuclear materials used at licensed facilities.

As part of the established licensing process, applicants for licenses to 1

operate nonpower reactor facilities are required to submit physical l

security plans for the Commission's approval.

These plans are to indicate how the applicant plans to comply with 'the physical security requirements contained in 10 CFR Part 73.*

Since the amendments to Part 50 apply only l

to applicants for licenses, rather than to current licensees, and no new.

nonpower reactor fa~cilities are expected to be constructed in the fore-seeable future, the amendments to 10 CFR Part 50 are included only for 1

1 the sake of completenrss, and-are not expected to have any impact on

'nonpower reac~ tor licensees now or in the foreseeable future.

• More detailed descriptions of the new requirements contained in the amendments to 10 CFR Part 73 are contained in the supporting statement for amendments to 10 CFR Part 73.

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9.

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Description of Survey Plan No survey is included in the proposed amendments.

Only those applicants seeking a license would be required to submit physical security plans for NRC approval.

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3.

Tabulation and Fublication Plans l

Physical security plans submitted by applicants are reviewed on a individual i

basis. There are no tabulation or publication plans contemplated.

4.

Time Schedule for Data Collection and Publication There is no time schedule for data collection and publication since no applicants are expected t'o submit physical secu.rity plans -for review.'

r. 2

.._ l 5.

Consultations Outside the Agency i

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No persons outside of the Nuclear Regulatory Commission and no officials l-'

of State or local governments were consulted about the proposed infor-mation collection requir'ements, since thEse requirements are part of the I

routine licensing procedures ~of the Commission and' involve neither the l

collection of data available from more than one source nor the obtaining l

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of the information from these officials.

1 6.

Estimate of Respondent Reporting Burden It is not expected that there will be any increase in respondent-burden due l

i to the amendments to 10 CFR Part 50, since an applicant would be required to

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Under both,the existing and

__ submit a physical security plan _in eithe._ case:

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' I the proposed requirements. There would be no significant change in an I

applicant's efforts to produce a physical security plan complying with the new amendments as com' pared to the existing ' requirements in,10 CFR Part 73.

7.

Sensitive Questions There are no individuals who would be included as respondents so that the sensitivity of questions would not be a consideration.

8.

Estimate of Cost to Federal Government There is expected to be,no cost to the government for information collection requirements under 10 CFR 50.34(c) and (d) since no applications for new nonpower reactor licenses are considered likely.in the for~eseeable future.

If an application were received there would be no incremental changes in the j

cost to the Federal government associated with the information collection requirements for reviewing a nonpower reactor operating license application.

The cost of reviewir.g physical protection plans submitted as part of the.

licensing process is in this case largely independent of the specific requirements with which the plans must de~ onstrate compliance.

The same m

level of staff rescuices would be expended to review the physical security plan submittal regardless of whether the applicant had to meet the require-ments incTuded in~~the amendmint'~or other requirements of ' comparable

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s cdmplexity in the existing interim requirements.

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SUPPORTING STATEMENT F0F, INFORMATION COLLECTION REQUIREMENTS.

10 CFR Part 70 70.22(h) and (k) l Physical Protection of Formula Quantities at l

k Honpower Reactors

/

1.

Justification The Nuclear Regulatory Commission is amending its regulations to require additional physical protection measures for formula quantities of strategic special nuclear material used in the, operation of nonpower reactors. This action is in accordance with the Commission's continuing responsibility for

{

r assuring the protection of the public health and safety and common. defense and security of the United States from possible adverse consequences'which

.t may arise from the theft of nuclear materials used at licensed facilities.

As part of the established licensing, process, applicants for licenses to operate nonpower reactor facilities are required to submit physical security plans for the. Commission's approval.

These plans are to indicate how the applicant plans to. comply with the physical security requirements contained in 10 CFR Part 73.*

Since the amendments to Part 70 apply only to applicants for licenses, rather than to current licensees, and no new nonpower peactor facilities are expected to be constructed in the fore-

~~

seeable future, the amendments to 10 CFR Part! 70 are included only for the. sake of completeness, and are not expected to have any impact on nonpower reactor licensees now or in tfie foreseeable future.

S

• More detailed descriptions of the new requirements contained in the amendments to 10 CFR Part 73 are contained in the supporting statement for amendments to

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10 CFR Part 73.

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_2 2.

Description of Survey Plan No survey is included in the proposed amendments.

Only those applicdnts seeking a license would be requi. red to submit physical security plans for NRQ approval.

3.

Tabulation and Publication Plans Physical security plans submitted by applicants are reviewed on an individual basis. There are no tabulation or publication plans contemplated.

4'.

Time Schedule for Data Collection and Publication There is no time schedule for data collection and publication since no applicants are expected to submit physical security plans'for review.

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Consultations Outside the Agency S.

No persons outside of the Nuclear Regulatory Comission and no officials of State or local governments were consulted about the proposed infor-mation collection requirements, since these requirements are part of the.

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routine licensing procedures of the Comission and involve neither the i

collection of data available from more than one source nor the obtaining i

of the information.from these officials.

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6.

Estimate of Respondent Reporting Burden It is not expected that there will be any increase in respondent burden due to the amendments to 10 CFR Part 70, since an applicant would be required 'to submit a physical security plan in either case:

Under both.,the existing and P

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