ML20126G723

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Request for OMB Review & Supporting Statement Re 10CFR30, 40,70 & 72 Timeliness in Decommissioning of Matls Facilities
ML20126G723
Person / Time
Issue date: 12/28/1992
From: Cranford G
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
FRN-58FR4099 AD85-1, AD85-1-043, AD85-1-43, OMB, NUDOCS 9301040210
Download: ML20126G723 (12)


Text

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Standard Form N

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Imptrtant Read instructions before completing form. Do not use tne same SF S3 Send three copies of this form, the material to be reviewed, and for t1 request both an Executrve Order 12291 review and approsat under paperwork-three comes of the supporting statement, tc.

m Paperwork Reduction Act.

Answer all questions in Part I. If this request is for review under E O.

Office of information and Regulatory Aff airs 12291, complete Part ll and sign the regulatory certification If this Office of Management and Budget Attention: Docket Ubrary, Room 3201

'.eauest is for approval under the Paperwork Reduction Act anc 5 CFR 320. skip Part il complete Part til and sign the paperwora certification, Washington, DC 20503

? ART I,-Complete This Part for All Requests.

. Depa tmenttagency and Sureau< ort:ce ortnating recuest i 2. Agency code U.S. Nuclear Regulatory Commission 3 1 5

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3. Name of person ano can t,est anwer ovestions repreng ina recuest Teiepnor e numont Paul'Kovach

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4. Ime of information conection or rutemaning 10 CFR 30, 40, 70, and 72, Timeliness in Decommissioning of Materials Facilities Ltghi nutnorit) *nt ? tori %2tton Coi<tCTon Or t l'e IC're LiW9J S.r:t'$ $Xe fubM Law. Or beCultVe OrQel) s 42

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ART ll.-Camplete This Part Only if tne r<eauest is for OMB Review under Executive Order 12291

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_ __ a _~_ _ _. _. :, <.:.e 44#ca U t Tyoe o s soruss,on t:rea one r eacn cauptvr Type or review requesten Classdication Stage or dovetoortent C staccarn 1.C Maict 1 C Proocsed or d a't 2 C Pencing

[ Nynmzor 2 C F+a onntermt ra ut'wriororcpesau

? [ Emergency 3 [ Final or viterim finat wtroe onor omccsai 4 C Statutory or audicial deachne 9 CFR section attectec CFR

,10. Does tNs regmation certa n report:ng or recoraneecmg reuwements inat recure CMB apprevat uncer the Pace worm Reduct!on Act ano 5 CFR 1320? -

. O yes I' m

11. If a r"alor rule, ts there a regulatory imcact 6 naps attachec?

1 C Yes 2 b No-if"Na? md OMB wame the anaiysts?

3 C Yes aCi

ertification for Regulatory Submissions 5 suomittmg tnis request for OM8 review, the uthorizea regu atori contact ano the or > gram official certi y that tne requirements of E.O 12291 ano any appbcacie f

ioney ::srectives have been complied wim.

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i PART lli.-Cimpi:te This Part onlyif the Rcou:stis f:r Approvalof a Callecti n cf Int:rmiti*n Und:r the Paperwork R:ductiin Act end 5 CFR 1320.

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j 13. Abstract-Desendsneeds,usesandaffectiesce 50-arruary. ugj;;; tis.: u terialdi Radiation' safety"'

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/The proposed amendment to 10 CFR Parts 30, 40g 70 and 72 would require licensees to make i timely' notification to the Commission when all or portions.of the. licensee's facilities are no longer used for licensed activities and to make timely submittal of decommissioning plans 4

and completion of decommissioning,-

j 14. Typa of information collecten (eneck enly one) -

information colioctrons not contamed in rules 1 C Regutar suomission 2 C Eme gency sut> mission tee t ficationatrxneo) j

' information tokectionicontained on rules i

3 C Existing regulation (no change proposed) -

6 Final or intenm hna! withcut p*ier NPRM 7, Enter date of expected or actual F eoera 4 3 Notice of proposed rulemalung (NPRM)

A C Hegular sub mssion Register publication at this stage of rutemakm; 5 C Final, NPRM was previously cutAshed E C Eme gene, suom:ssien (certtheat:en attaches; (month. Cay. yea-)

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I = 15. Type et revisa requested (eneck omy one) 1 C hew cohectiom 6 C Remstatement of a previously approved collection for whicn approvai 2 3 Revision of a currentiy approvec cobection f

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3 C Extension or tne expiraten date of a currently approveo coiiection.

5 C Existmg cotiectionin use wIthout an OMS control number wrthout say change m tne suestance er m tne method of conection

16. *cency report torm numberts)(reciuoe standard optional form numoer(s)) '
22. Purpose of intormation coiiactson (cneck as many as appiy) 1 C Apphcetionforbenehts 2 C I ProFram evaluation

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17. Annual reportmg or disclosure bwrce*

3 ] gen,,a3 purpose statistics-8.500-

_ a 3 gegutawyor compuanc<

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1 Nurnt+r of responcents,

f 2 humoer of responses per resocnce~.

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. rc,!,-ream c;annmg er manaeement

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3 Totai annual responses time 1 tees ur>e 2; 76 E C kesen c l

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. 4 riours per response.

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2 Ar.nual pours per recoroneepet 7.06 neoartm,r 3 Tota! recoroneepme nours(iine i times ime r; i

60.030 2 3 oneccasion 4 Recoreseeomg retention cence Varies - 3 vrs to

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19,1 etat annual ource, duration of license i

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l 1 i,eauested tiene 17 5 otus ime 18 3).

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2 in current oMis mventory 60.064 6 C semkannuaw f..

3 Ditference (hne J.sess fine 2) 7C[Annualp

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4 Program enante L9 3 - Otner(cescribe):

5-year renewal 5 Aciustmea* s

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20. Current (most recent) oMB controi number o comment number i 24i kesponcents' conption to compiy (cnecar tne strongest obhrstron r9stacches!

3150-0017 i~ 1 C votuntary

21. Steoussteo expiration date 2 C Require 0 to cotain or retam a beneht 4

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? IX Mandato.

25. Are tne responcents primaniy ecucatior.ai agencies or mstnu' ions or is tne p imary burpose of the conection related to Feoerat ecucation programs? O yes D hc j : 25. Does the age'
  • se samphng to setect respondents or ooes tne agency recommena or ciescnoe tne use cf sarnemg or statistical ana!ysis bv ressoridert,.

, C Yes b NC.

27. Negulatory autnority for tne miormation collection -

10 CFR Pet 'in

or FR

-; oriother (specify)r Ptperwsrk Caaatication in submrtimg thes recUest for oMB acarova'. the agency hes1 the semor official or an authe ized representative. certifies that the reouirements of 5 CFR 1320. the.

j1 Privey Act, statistical standards or ot*ectives, and any other appitcacie m1ormation poucy directives have been comphed with.

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b:gnatureof programothcial Date-t

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l SUPPORTING STATEMENT I

FOR l

10 CFR Parts 30, 40, 70 and 72 4

j TIMELINESS IN DECOMMISSIONING NUCLEAR MATERIALS FACILITIES Descriotion Of The Information Collection The proposed amendments to 10 CFR 30, 40, 70 and 72 will require licensees to notify NRC of intent to terminate activities, request termination of the license and submit a schedule and plan for decommissioning all or portions of 4

a licensee's facility no longer being used for licensed activities.

i Sections 30.36(d)(11-(4). 40.42(d)(1)-(4). and 70.38(d)(11-(4) require the licensee to notify the Commission in writing within 60 days if (1) the license i

has expired, (2) the licensee decides to-cease principal activities, (3) no principal activities have been conducted for 24 months at the site or (4), in a building or area unsuitable for unrestricted use.

If the licensee is required to have a decommissioning plan, such plan must be submitted within 12 j

months of notification.

f Sections 30.36(e). 40.42(e). 70.38(e). and 72.54(e)(1) allow the licensee to submit a request to delay initiation of decommissioning.

This request must be submitted 30 days prior to the notification required by 30.36(d)(1)-(4),

40.42(d)(1)-(4), and 70.38(d)(1)-(4).

Sections 30.36(f)(1). 40.42(f)(1). and 70.38(f)(1) require the licensee to submit a decommissioning plan if required by license conditions or if i

decommissioning procedures have not been previously approved that could increase worker and public protection. The requirement to obtain approval of decommissioninq procedures is a current requirement at 30.36(c)(2)(1)(A)-(D),

40.42(c)(2)(1)(A)-(0), and 70.38(c)(2)(1)(A)-(D).

The rulemaking will clarify the requirements that the licensee must submit a decommissioning plan if such a submittal is,equired by license condition.

l Sections 30.36(f)(2). 40.42(f)(2). 70.38(f)(2).-and 72.54(e)(2) allow the-licensee the option to submit an alternate schedule for submitting the-decommissioning plan.

Sections 30.36(f)(4)(1) and (vi). 40.42(f)(4)(1) and (vi). and 70.38(f)(4)(i) and (vii) describe the contents of the decommissioning plan. Additional requirements are being ad.ded to require a description of the current conditions of the site, building, or outdoor area to be decommissioned and to provide a justification for delay in_ completing decommissioning later than 18 months after the plan is approved.

Sections 30.36(a)(2). 40.42(a)(2). 70.38(o)(2). and 72.54(i)(2) require the licensee, except those having an approved alternate schedule, to request license termination within 18 months following initiation of decommissioning.

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I Sections 30.36(h). 40.42(h). 70.38(h). and 72.54(1) allow the licensee to request an alternative schedule for completion of decommissioning.

Sections 30.36fi)(1). 40.42(i)(1). and 70.38(i)(1) requirt the licensee to certify the disposition of waste by submittal on NRC Form 314. This is a current requirement that is merely being renumbered.

Sections 30.36(i)(2). 40.42fi)(2). and 70.38(1)(2) require the licensee to conduct a final radiation cu-vey and submit a report of the results to NRC.

These sections are being clarified as to the requirement for a single radiation survey as part of the final step in decommissioning. This i., a current renumbered requirement.

l Section 72.42(d) requires MRS and ISFSI licensees to notify the Commission in writing two years prior to license expiration if a renewal application will not be filed.

Section 72.54(d) requir s the licensee to notify the Comission in writing within 60 days if (1) tne licensee decides to cease principal activities, (2) d no principal activities have been conducted fcr 24 months-under the license, or.(3), in a building or outdoor area unsuitable for unrestricted use.

Licensee is required to submit-the decommissioning plan within 12 months of notification.

Section 72.54(fiQl. describes the contents of the decommissioning plan.

An additional requirenent is being added to require a description of the current conditions at the site, building, or outdoor area to be decommissioned.

Section 72.54(k) requires that, as a final decommissioning step for a site, building, or outdoor area, the licensee certify the disposition of licensed material on NRC Form 314.

A. JUSTIFICATION

1. Need For Tne Collection Of Information Current reg Cations allow nuclear materials licensees considerable discretion as to when to complete decomissioning of their facilities. As a result, some facilities have remained inactive for long periods of time without undergoing decommissioning, resulting in unnecessary risk to the public.

In the 1989 Congr.essional hearing before Congressman Synar, form' NC Chairman Carr committed to review records of sites decommissione.

ter 1965' to assure that they were adequately decontaminated. A Staff Requ-ients Memorandum requesting this rulemaking was promulgated in response to this commitment.

Sections 30.36(d)(1)-(4), 40.42(d)(1)-(4), and 70.38(di(1)-(4) will impose new requirements for licensees to provide notification to the Commission and either initiate decommissioning or submit a decommissioning plan within 12 2

months of notification, whichever applies. These requirements ensure that the Comission is notified when licensees have inactive licensed areas that require initiation of decomissioning, enabling the Commission to plan its involvement in the decommissioning process. These requirements ensure a timely progression of the decommissioning process, allowing the Commission to efficiently ensure that plans for decommissioning adequately protect the environment and health and safety of the public, i

Sections 30.36(e). 40.42(e). 70.38(e) and 72.54(e)(1) will allow licensees to request delay or postpone initiation of decommissioning and establishes time requirements for submittal of the request. This enables the Commission to consider individual circumstances on a case-by-case basis, as necessary.

Sections 30.36(f)(1). 40.42(f)(1) and 70.38(f)(1) will clarify the existing requirements for submittal of decomissioning plans by adding that the i

licensee must submit a decommissioning plan if such a submittal is required by license condition.

Sections 30.36(f)(2). 40.42(f)(2). 70.38(f)(2) and 72.54(e)(2) will allow the 4

licensee the option to submit an alternate schedule for submitting the decomissioning plaa. This information will enable the Commission to consider individual circumstances on a case-by-case basis, as necessary.

Sections 30.36(f)(4)(i) and (vi), 40.42(f)(4)(i) and (vi), and 70.38(f)(4)(1) and (vii) will require the licensee to include a description of the current conditions of the site or separate building or outdoor area sufficient to i

evaluate the acceptability oi the plan.

In addition, licensees will be required to provide justification with the decomissioning plan when completion of decomissioning'will occur later than 18 months after plan 3

approval. This information will be used by the Commission to determine if the delay in decommissioning warrants relief and is in the public interest. This also enables the Commission to more fully assess the risk of the environmental impact of decommissioning activities and te pian its involvement in decommissioning oversight and ultimate termination of the license or modification of the license to exclude the decomissioned areas.

Sections 30.36(a)(2). 40.42(a)(2). 70.38(o)(2). and 72.54(1)(2) will require licensees to complete decommissioning or request license termination,.

whichever applies, as soon as practicable but no later than 18 months following initiation of decommissioning. These requirements ensure that decomissioning is completed in a timely manner, reducing possible risks to the environment and to the health and safety of the public.

Sections 30 36(h). 40.42(h). 70.38(h) and 72.54L1) will allow licensees to.

submit an alternate to the 18-month limit for completion of decomissioning.

This information will be used by the Comission to determine if the _ delay in J

decommissioning warrants relief and is in the public interest. This also enabbs the Commission to plan its involvement in decomissioning oversight and bitinate termination of the license or modification of the license to exclude the decomissioned areas.

3

Sections 30.36(i)(2). 40.42(1)(2). and 70.38(i)(2) will clarify the 2

requirement for a single radiation survey as part of the final step in i

decommissioning. This change provides clarification and imposes no additional burden.

Section 72.42(d) requires MRS and ISFS! licensees to notify the Commission.in 1

writing 2 years prior to license expiration if a renewal application will not be filed. This requirement ensures that the Commission is notified when licensees no longer intend to continue licensed activities, enabling the Comission to plan its involvement in the decommissioning process.

i Section 72.54(d) requires the licensee to notify the Commission in writing within 60 days if (1) the licensee decides to cease principal activities, (2) no principal activities have been conducted for 24 months under the license, or (3), in a building or outdoor area unsuitable for unrestricted use.

Licensee is required to submit the decommissioning plan within 12 months of notification. This requirement ensures that the Commission is notified when licensees have inactive licensed areas that require initiation of 5

decommissioning, enabling the Commission to plan its involvement in the decommissioning process. This requirement ensures a timely progression of the decommissioning process, allowing the Commission to efficiently ensure that plans for decommissioning adequately protect the environment and health and safety of the public.

Section 72.54(f)(1) describes the contents of the decommissioning plan. An additional requirement is being added to require a description of the current conditions at the site, building, or outdoor area to be decomissioned. This 4

i will enable the Commission to more fully assess the risk of the environmental impact of decommissioning activities.

Section 72.54(k) requires that, as a final decommissioning step for a site, i

building, or outdoor area, the licensee certify the disposition of licensed material on NRC Form 314. This requirement ensures that decommissioning is adequately completed.

2.

Aaency Use of Information.

The schedules-and reports submitted by the licensees will be used by the Commission to ensure that decommissioning will be carried out safely and in a reasonable time.

3.

Reduction of Burden Throuah Information Technology.

Because of the infrequency of submittals and the need-for staff evaluation of each submittal, the required reports do not li.nd themselves readily to the use of automated information technology for submittal.

4.

Effort to Identify Duplication.

The Information Requirements Control Automated System was searched to determine duplication. No duplication was found.

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5.

Effort to Use Similar Information.

There is no similar information available to the NRC.

6.

Effort to Reduce Small Business Burden.

Only a small number of the licensees expected to be affected by these requirements are classified as small businesses.

It is not possible to d

reduce the burden on these small businesses because all sites no longer 4

being used must be decommissioned safely and in a reasonable time.

l 7.

Consecuences of less Frecuent Collection.

Required information is collected and evaluated _only upon the intent of licensees to terminate their license or erid the use of a building or i

outside area.

The schedule for collecting the information is the minimum frequency which will permit NRC to ensure that the public health i

and safety are adequately protected.

8, Circumstances Which Justify Variation from OMB Guidelines.

There is no variance from ths OMB Guidelines.

9.

Consultations Outside the Acency.

2 NRC staff discussed its plans for t'nis rulemaking with the Agreement.

States at two open meetings in Wichita, Kansas on May 14, 1991, which i

were held in conjunction with the annual meeting of the Conference of Radiation Control Program Directors, Inc.

In addition, the proposed i

rule will be published in the federal Reaister for public comment.

10.

Confidentiality of information.

NRC provides no pledge of confidentiality for this collection of information.

11.

Justification for Sensitive Ouestions.

l These regulations do not pose sensitive questions 12.

Estimated Annualized Cost to the Federal Government, The Commission is expected to receive about 2747 responses annually as a result of this rulemaking. Assuming tha" the staff requires 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> to examine and respond to each licensee submittal, at a cost of $123 per hour, the annual cost to the NRC is estimated to be (2747 x 10 x S123 4

or) $3,375,810.

5 1

1-13.

Estimate Of Burden The recordkeeping burden imposed by the proposed requirements in Parts 30.36, 40.42, 70.38, and 72.54 is expected to be the same for each licensee regardless of the applicable regulation. - The proposed requirements have been grouped by similar actions across Parts 30, 40, 70, and 72 in the Table below. The numbers of licensees under the respective parts are inseparable, thus the estimates are for the aggregate as grouped.

The burden stated in the following table reflects the estimated combined burden for the listed subsections.

The following s

table assumes that the total number of NRC and Agreement State nuclear materials licensees are affected.

)

i Requirement No. Annual No. Annual Annual Burden Total Respondents Responses Per Response Hours

(*l) 30.36(d)(1)-(4) 1353 1353 0.5 hour5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> 676.5 2

40.42(d)(1)-(4) 70.38(d)(1)-(4) l 72.54(d)(1)-(3) 30.36(e) (*2) 14 14 1.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> 21 40.42(e) 70.38(e) l 72.54(e)(1)

)

30.36(f)(1) (*3) 40.42(f)(1) 70.38(f)(1) j 30.36(f)(2) (*4) 9 9

0.5 hour5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> 4.5 40.42(f)(2) 4 70.38(f)(2) 72.54(e)(2) 30.36(f)(4)(1)(*5) 1353 1353 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 1353 40.42(f)(4)(i) 70.38(f)(4)(i) 72.54(f)(1) 30.36(f)(4)(vi) (*6) 9 9

1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 9

40.42(f)(4)(vi) 70.38(f)(4)(vii) 30.36(g)(2) (*7) 40.42(g)(2) 70.38(g)(2) 72.54(1)(2) 6 h.

L.

30.36(h) (*8) 9 9

1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />.

9 i

40.42(h) i 70.38(h) 72.5((j) i 72.42(d)'(*9) 0 0

1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 0

-72.54(k) l TOTAL:

2747 2073 i

j

(*1). Assuming that 4300 long half-life material _ licensees submit 1 i

noti?ication every 5 years; and 5% of 19,700 short half-life material i

licensees. submit I notification every 2 years. The total number is ((4300/5) +

(19,700)(0.05)/2] = 860 + 493 = 1353..

L

(*2). Assuming 1% of licensees submitting' notifications request extension.

(*3). Plan. submittal is 'an existing requirement. Since these sections specify a time requirement-for submittal, the burden is merely " moved",' not changed.

(*4).- Assuming 1% of large and/or long half-life material licensees request an-alternate schedule for submitting the decommissioning plan; sealed source-and/or short half-life material licensees are not affected.-

(*5). Documentatian of site conditions is required as part of licensing-basis-information. It is estimated that 1. hour will be required to update and submit-this information.

(*6). Assuming'1% of-large and/or long half-life material licensees will provide justification when completion of decommissioning vill occur _later than 18 months after plan approval;- sealed source and/or shot, half-life material.

licensees are not affected'

(*7).. Request for license termination is an-existing requirement. Since these-sections specify a time requirement for submittal, the burden is merely -

" moved", not changed.

'(*8). Assuze; that 1% of large and/or long half-life material licensees will submit _ an alternate schedule.to.the 18 month _ limit _ for _ completion' of.

decommissioning;. sealed source and/or. short -half-life material licensees = are-not affected. _ Plan submittal. and request for termination are existing requirements,_ _therefore this part of the burden is merely;" moved", not; changed.

(*9). There are currently only 9 Part' 72 licensees, with less. than-30_-

estimated at the'end of-the decade.- ISFSI are licensed for a maximum of 20 years; MRS for.40. years. Therefore the impact of these requirements is estimated to be negligible at_ this time.

-7 i

o f

Reasons for Chance in Burden The proposed change in burden is a result of the proposed amendment to the regulations that would establish specific requirements for timely notification to the Commission regarding licensee termination of licensed activities.

Eublication for Statistical Use This information is not published for statistical use.

B.

COLLC TION OF INFORMATION EMPLOYING STATISTICAL METHODS

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Statistical methods are not used in this collection of information, i

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[7590-01]

i NUCLEAR REGULATORY COMMISSION i

i Documents Containing Reporting or Recordkeeping

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Requirements: Office of Management and Budget Review a

AGENCY:

Nuclear Regulatory Commission.

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ACTION:

Notice of the OMB review of information collection.

SUMMARY

The Nuclear Regulatory Commission (NRC) has recently. submitted to 0MB for review the following proposal for collection of information under the provision of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

d 1.

Type of submission, new, revision, or extension:. Revision j

2.

The title of the information collection:

10 CFR Parts 30, 40, 70, and 72, Timeliness in Decommissioning of Materials Facilities.

3.

The form number if applicable:- NRC Form 314 4.

How often is the collection required: A one-time notification is required within 60 days of the licensee's decision to terminate all activities involving materials authorized under the license and within 60 days of terminating licensed activities at a portion

of a licensed site.

In addition, the licensee may request a delay in initiating decommissioning at least 1 month before the deadline for notification submittal.

5.

Who will be required or asked to report:

Part 30, 40, 70 and 72 NRC and Agreement State licensees terminating licensed activities at all or portions of their licensed sites.

6.

An estimate of the number of responses:

2747 per year.

7.

An estimate of the number of hours needed annually to complete the requirement or request:

2073.

8.

An indication of whether Section 3504(h), Pub. l.96-511 applies:

Applicable.

9.

Abstract:

The proposed rule would require licensees to make timely notification to the Commission when all or portions of the licensee's facilities are no longer being used for licensed activities.

Requirements are also included to ensure timely submittal of decommissioning plans and completion of decommissioning.

Copies of the submittal may be inspected or-obtained for a fee from the NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC

20555, 2

1 Comments and questions can be directed by mail to the OMB reviewer:

Ronald Minsk Office of Information and Regulatory Affairs (3150-0009, 3150-0017, 3150-0020, 3150-0028, and 3150-0132)

NE08-3019 Office of Managenent and Budget Washington, DC 20503 i

Comments can also be submitted by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda J. Shelton, (301) 492-8132.

Dated at Bethesda, Maryland, this day of

  1. w e d d A, 1992.

For the Nuclear Regulatory Commission.

Y W'

teorge"H. Messedger L/

Acting Designated Senior Official for Information Resources Management 3

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