ML20127E259
| ML20127E259 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1992 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| SECY-92-319, NUDOCS 9209240473 | |
| Download: ML20127E259 (29) | |
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RULEMAKING ISSUE SECY-92-M9 September 18, 1992 (Notation Vote) f_QE :
The Commissioners frSD*
James M. Taylor Executive Director for Operations Subiect:
LICENSEE SUBMITTAL OF DATA IN COMPUTER READABLE FORM Psrpone:
To obtain Commission approval of a notice of proposed rulemaking.
IlacJigrpMnd:
In April 1989 the Nuclear Regulatory Commission notified licensees reporting special nuclear material transactions on paper forms that they could instead submit their reports in computer readable form.
Specific submittal procedures as detailed in Nuclear Materials Management and Safeguards System (NMMSS) Report D-24 " Personal Computer Data Input for NRC Licenseec" was to be followed.
This proposed regulatory change makes reporting in computer readable form in the format prescribed by that document mandatory.
Contact:
R. Gramann, NHSS NOTE:
TO BE MADE PUBLICLY AVAILABLE 504-2456 WHEN THE FINAL SRM IS MADE AVAILABLE
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The commcssioners 2
I This proposed chango would streamlino the l
collection of nuclear material transaction
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data and result in increased accuracy.
It would oliminato the nood for the paper forms thus providing a cost savings for the NRC in-satisfying its statutory and treaty.
obligations.
j tiscussion:
The enclosed proposed rule would amond 10 CFR Part 40, Domontic Licensing of Sourco-Material," Part 72, Licensing Requirements for the Indopondent Storage of Ifigh-Level Wasto," Part 74, " Material Control and Accounting of Special Nuclear Material,"
Part 75, "Safoguards on Nuclear Material Implomontation of US/IAEA Agreement," and Part 150, " Exemptions and Continued Regulatory Authority in Agreement States and in Offshore Waters under.Section-274."
These amendr. ants propose that licensees satisfying reporting requirements on-special nuclear-material transactions using paper forms make such reports in computer readable-for;n.
Each specific licensoe who transfers,
- receivos, or adjusts the inventory in any-mannor by 1 kilogram or more of uranium _or tharium of foreign origin or who imports or exports 1 kilogram or more of. uranium or thorium of any origin would.be affected.
Each specific licensee who transfers or
. receives 1 gram or_more of contained uranium-235, uranium-233, or plutonium would be affected.
These proposed amendments are. intended only_
to take advantago of current computer technology to make more efficient and less costly the data collection process.
There
_will be minimal costs associated with
- implementation of'these proposed amendments.-
Recommendatinni That the commission:
1.
Approve the notice of proposed
?
rulemaking (Enclosure 1) that_would make mandatory licenseo submittal of nuclear-material. transaction data in computer-readable form.
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The Commissioners 3
2.
Certify, as required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), that this rule, if adopted, will not have a significant economic impact on a substantial number of small entities.
3.
Eqtel a.
The rulemaking would be published in the EcIleral Regintnr for a 90-day public comment period; b.
The proposed change is the type of action described in categorical exclusion 10 CFR 51.22(c)(1) and 51.22(c)(3) and, hence, neither an environmental impact statement nor an environmental assessment has been prepared for the proposed rule; c.
The proposed rule contains amended information collection requirements subject to the Paparwork Reduction Act of 1980 (U.S.C. 3501 et seq.)
and will be submitted to the Office of Management and Budget for review and approval of the paperwork requirements; d.
The proposed rule, if promulgated, will impose procedural changes on affected licensees at minimal cost; licensees have already demonstrated their computer expertise by generating near perfect copies of the current paper forms.
Generating computer readable data in accordance with a prescribed format offers less burden.
A regulatory analysis indicating the minimal burden and a cost savings to the NRC is incorporated into the notice of proposed rulemaking; e.
These amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1);
The Commissioners 4
f.
The appropriate Congressional Cummittees will be inforned (Enclosure 2).
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T ylor ykocutive Director for Operations
Enclosures:
1.
EndcInl Reaister Notice of Proposed Rulemaking i
Draft Congressional Letter P
Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Friday, October 2, 1992.
Commission Staff Office commenta, if any, should be submitted to the Commissioners NLT Friday, September 25, 1992, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC OCAA OIG IP OCA OPA OPP REGIONAL OFFICES EDO SLCY J
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Nuclear Regulatory Commission 10 CFR Parts 40, 72, 74, 75, 150 RIN:
3150-AE35 Licenseo Submittal of Data in Computer Readable Form AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission is proposing an f
amendment to its regulations that would require certain licensees to submit data to the NRC in computer readable form.
The proposed rule is intended to streamline the collection of nuclear material transaction data and increase the accuracy of the reported information.
The proposed rule would result in an annual cost savings of approximately $100,000 in the data collection effort.
DATES:
Comments must be received on or before (90 days after publication of rulo).
Comments received after thic date will be considered if it is practical to do so, but only those comments received on or before this dato can be assured of consideration.
ADDRESSES:
Comments or suggestions regarding the prop; sed amendments should be sont to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:
Docketing and-Service Branch.
Copies of comments received will be available in the NRC Public Document Room at 2120 L Street NW (Lower Level), Washington, DC 20555.
l 2
FOR FURTHER INFORMATION CONTACT:
Richard 11. Gramann, U.S.
Nuclear liogulatory Conmission, Washington, DC 20555, Telephone (301) 504-2456.
SUPPLEMENTARY INFORMATION:
a The NRC has a major interest in the potential use for computer readable submittal.
This innovation not only can result in monetary savings but also can increano officiency and accuracy of data collection efforts.
In April 1989 the NRC notified licensees reporting special nuclear material transactions on hard copy forms that they could instead submit thair reports in machine readable form.
Specific submittal procedures, an detailed in the "I'esonal Computer Data Input for NRC Licensees" (Nuclear Materials Management and Safeguards System (NMMSS)
Report D-24) was to be followed.
The NRC is proposing to amend its regulations to require licensees satinfying reporting requirements using DOE /NRC Form 741, " Nuclear Material Transaction Report," DOE /NRC Form 741A,
" Nuclear Hatorial Transaction Report (Continuation Page),"
DOE /NRC Form 740M, " Concise Note," DOE /NRC Porn 742, " Material Balance Report," and DOE /NRC Form 742C, " Physical Inventory Listing," to submit the reports in computer readable form.
This proposed regulatory change makes mandatory the reportit.g in computer readable form in the format prescribed by that document.
This proposed change would streamline the collection of nuclear material transaction data and result in greater accuracy.
It would eliminate the need for paper forms, thus providing a cost savings for the NRC in satisfying its statutory and treaty obligations.
l 3
The proposed amendments would affect each specific licensee who transfers, receives, or adjusts the inventory in any manner by 1 kilogram or more of uranium or thorium of foreign origin or who imports or enports 1 kilogram or more of uranium or thorium of any origin.
Each specific licensee who transfers or receives 1 gram or more of contained uranium-235, uranium-233, or plutonium would also be affected.
These proposed amendments are intended only to take advantage of current computer technology to make more efficient and less costly the data collection process.
There will be minimal costs associated with implementation of these proposed amendments.
Licensees may obtain a copy of the NMMSS report by writing the U.S. Nuclear Regulatory Commicsion, Division of Safoguards1 and Transportation,-Washington, DC 20555.
Most licensees already have their material accounting automated and can easily generate computer readable reports.
Submission of Comments in Electronic Format Commenters are encouraged to submit, in addition to the original paper copy, a copy of the letter in electronic format on 5.25 or 3.5 inch computer diskette; IBM PC/ DOS or HS/ DOS format.
Text files should be provided in Wordperfect format or unformatted ASCII code.
The format and version should be identified on the diskette's external label.
Environment Impact:
Categorical Exclusion l
The NRC has determined that this proposed change is'the type j
of action described in the categorical exclusion 10-CFR
4 51.33(c)(2).
Therefore, neither an environmental impact statomont nor an environmental assessment has been prepared for the proposed rule.
Paperwork Roduction Act Statomont This proposed rule amends information collection requirements that are subject to the Paporwork Roduction Act of 1980 (44 U.S.C.
3501 ot seq.).
This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
Since the rule would eliminato the nood for certain paper forms, the public reporting burden for the collection of information is expected to be reduced.
The resulting burden reduction for DOE /NRC Forms 741, 741A, 742, and 740M is estimated to averago.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> por responso.
The resulting burden reduction for DOE /NRC Form 742C is estimated to average 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> por response, including the tino for rev; ewing instructions, searching oxisting data sources, gathorf.ag and mair.taining the data nooded, and completing and reviewing the collection of informatica.
Send comments regarding the estimated burdon reduction or any other aspect of this collection of information, including suggestions for further reducing reporting burden, 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 Information and Regulatory Affairs, NEOB-3019, (3150-0003, -0004, -00057, and -0050), Office of Management and Budget, Washington, D.C.
20503.
Regulatory Analysis These proposed amendments would have no significant impact on Stato and local governments and' geographical regions.
They would-have a significant positive impact on the officiency and i
l
5 accuracy of the data collection process.
The proposed amendmonts would not have a significant impact on health, safety, and the environment.
This rule would make all licensees submit computer roadabla reports regarding special nuclear material transactions.
Tho NRC could realize a cost savings of approximately $100,000.
Licensec5 have alraady demonstrated their computer expertise by gencrating near perfect copies of the current forms on Laser Jet printers.
Generating computer readable data in accordance with a prescribed format offers less burden than producing those forms.
The rule would facilitate the collection of data by the NRC to satinfy its statutory and treaty obligations.
This constitutes the regulatory analysis for this proposed rule.
Regulatory Plexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605 (b)), the Commission certifies that this chango will not, if prosulgated, have a significant economic impact on a substantial number of small entitles.
This proposed rule would affect all licensees required to report special nuclear material transactions using DOE /NRC Forms 741, 741A, 742, 742C, and 740H.
The companies that own nuclear power plants or nuclear fuel fabrication plants have already automated their material accounting program and can easily generate computer readable reports.
Other companies-that have not yet automated their reporting may obtain a diskette from the NRC to assist them in satisfying their reporting requirements.
These companies may fall within the scope of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
_ __. _ _~
6 Dackfit Analysis The NRC has determined that a backfit analysis is not required for this proposed change because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects in 10 CFR Part 40 Criminal penalties, Government contracts, Hazardous materials - transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.
List of Subjects in 10 CFR Part 72 Hanpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
List of Subjects in 10 CFR Part 74 Accounting, Criminal penalties, Hazardous materials -
transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material.
List of Subjects in 10 CFR Part 75 Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
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7 List of Subjects in 10 CFR Part 150 Criminal penalties, Hazardous materials - transportation, Intergovernmental relations, Nuclear materials,-Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.
For the reasons set out in the preanble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, an amended, and 5 U.S.C.
- 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 40, 72, 74, 75, and 150.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 1.
The authority citation for Part 40 continues to read as follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs.
11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83-Stat. 444, as amended (42 U.S.C.
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021);
secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C.
5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
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For the purposes of sec. 223, 60 Stat. 958, as amended (42 U.S.C. 2273); 6640.3, 40.25(d)(1)-(3), 40.35(a)-(d) and (f),
40.41(b) and (c), 40.46, 40.51(a) and (c), and 40.63 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C.
t 2201(b):
40.10 is issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.
2201 (b);(42 U.S.C.
2201(1)); and 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e), 40.42, 40.60, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 161o, 60 Stat. 950, as amended (42 U.S.C. 2201(o)).
2.
In $40.64, paragraph (a) is revised to read as follows:
540.64 Reports.
1 5
(a) Except as specified in paragraphs (d) and (c) of this section, each specific licensee who transfers,1 receives, or adjusts the inventory in any manner by 1 kilogram or more of uranium or thorium of. foreign origin or who imports.or exports i kilogram of uranium or thorium of any origin shall complete a Nuclear Material Transaction Report in computer readable form in accordance with instructions (NUREG/BR-0006 and NHMSS. Report D-24
" Personal Computer Data Input for NRC Licensees").
Copies of.the
- instructions may be obtained from the U.S. Nuclear Regulatory.
Commission, Division of Safeguards and Transportation, Washington, DC 20555.
Each licensee who transfers the material shall submit a Nuclear Material Transaction Report in computer:
readable form in accordance with instructions no later than the close of business the next working day.
Each licensee who receives the material shall submit a Nuclear Material Transaction Report in computer readable form'in accordance with instructions
-within ten (10). days after-the material is received.
The Commission's copy of the report must be submitted to the address
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specified in the instructions.
These prescribed computer readable forms replace the DOE /NRC Form 741 which has boon submitted in paper form.
't PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGil-LEVEL RADIOACTIVE WASTE 3.
The authority citation for Part 72 continues to read as follows:
AUTHORITY: Socs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C.
2021); sec. 201, as amended, 202, 206, BB Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat.
2951 (42 U.S.C.
5851); sec. 102, Pub. L.91-190, 83-Stat. 853 (42 U.S.C.
4332); Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c),
(d), Pub. L.
100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C.
10162(b), 10168(c), (d)).
Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).
Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C.
10165(g)).
Subpart J also issued under secs. 2(2), 2(15), 2(19),
10 i
117(a), 141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C.
10101, 10137(a), 10161(h)).
Subparts K and L are I
also issued under sec. 133, 98 Stat. 2230 (42 U.S.C.
10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C.
10198).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); 5572.6, 72.12, 72.22, 72.24, 72.26, 72.28(d),
72.30, 72.32, 72.44(a), (b)(1), (4), (5), (c), (d)(1), (2), (e),
(f), 72.48(a), 72.50(a), 72.52(b), 72.72(b), (c), 72.74(a), (b),
72.?6, 72.79, 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b), (c), 72.148, 72.154, 72.156, 72.160, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.184, 72.186 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C.
2201(b)); 6672.10(a), (e), 72.12, 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44(a), (b)(1), (4), (5), (c), (d)(1), (2), (e),
(f), 72.48 (a), 72.50(a), 72.52(b), 72.90(a)-(d), (f), 72.92, 72.94, 72.98, 72.100, 72.102(c), (d), (f), 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b), (c),
72.142, 72.144, 72.146, 72.148, 72.150, 72.152, 72.154, 72.156, 72.158, 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72,192,-72.194 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.
2201(1)); and 5672.10(e), 72.11, 72.16, 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44(b)(3), (c)(5), (d)(3), (e), (f),
72.48(b), (c), 72.50(b), 72.54(a), (b), (c), 72.56, 72.70, 72.72, 72.74(a), (b), 72.76(a), 72.78(a), 72.80, 72.82, 72.92(b),
72.94(b), 72.140(b), (c), (d), 72.144(a), 72.146, 72.148, 72.150, 72.152, 72.154(a), (b), 72.156, 72.160, 72.162, 72.168, 72.170, 72.172, 72.174, 72.176, 72.180, 72.184, 72.186, 72.192, 72.212(b), 72.216, 72.218, 72.230, 72.234(e) and (g) are issued under sec. 1610, 68-Stat. 950, as amended (42 U.S.C. 2201(o)).
s 11 4.
In $72.76, paragraph (a) is revised to read as follows:
$72.76 Material ntatus reports.
(a)
Except as provided in paragraph (b) of this section, each licensee shall complete in computer readable form and submit to the Commission a material status report in accordance with instructions (NUREG/DR-0007 and NMHSS Report D-24 " Personal Computer Data Input for NRC Licensees").
Copies of these instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, Washington, DC 20555.
These reports provide information concerning the special nuclear material contained in the spent fuel possessed, received, transferred, disposed of, or lost by the licensee.
Material status reports must be made as of March 31 and September 30 of each year and filed within 30 days after the end of the period covered by the report.
The commission may, when good cause is shown, permit a licensee to submit material status reports at other times.
The Commission's copy of this report must be submitted to the address specified in the instructions.
These prescribed computer readable forms replace the DOE /NRC Form 742 which has been submitted in paper form.
5.
Section 72.78 is revised to read as follows:
572.78 Nuclear material transfer reports.
(a)
Except as provided in paragraph (b) of this section, whenever the licensee transfers or receives spent fuel, the
12 licensee shall complete in computer readable form a Nuclear Material Transaction Report in accordance with instructions (NUREG/DR-0006 and NMHSS Report D-24, " Personal Computer Data Input for NRC Licensees").
Copies of these instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, Washington, DC 205S5.
Each ISFSI licensee who receives spent fuel from a foreign source shall complete both the supplier's and receiver's portion of the Nuclear Hatorial Transaction Report, verify the identity of the spent fuel, and indicate the results on the receiver's portion of the form.
These prescribed computer readable forms replace the DOE /NRC Form 741 which has been submitted in paper form.
(b)
Any licensee who is required to submit Nuclear Material Transactions Reports pursuant to 675.34 of this chapter (por-taining to implementation of the US/IAEA Safeguards Agreement) shall prepare and submit the reports only as provided in that section instead of as provided in paragraph (a) of this section.
PART 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL I
I 6.
The authority citation for Part 74 continues to read as follows:
AUTHORITY: Secs. 53, 57, 161, 182, 183, 68 Stat. 930, 932, 948,953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.2073, 2077, 2201, 2232, 2233, 2282); secs. 201, as amended 202, 206,88 Stat. 1242,-as amended, 1244, 1246 (42 U.S.C. 5841, 5842,'5846).
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13 For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); $574.17, 74.31, 74.33, 74.51, 74.53, 74.55, 74.57, 74.59, 74.81, and 74.82 are issued under secs. 161b and 1611, 68 Stat. 948, 949, as amended (42 U.S.C.
2201(b) and 2201(1)); and 9G74.11, 74.13, 74.15, and 74.17 are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
7.
In $74.13, paragraph (a)(1) is revised to read as follows:
574.13 Material status reports.
(a)(1)
Each licensee authorized to possess at any one time and location special nucicar material in a quantity totaling more than 350 grams of contained uranium-235, uranium-233, or plutonium, or any combination thereof, shall complete and submlt in computer readable form material balance reports concerning special nuclear material received, produced, possessed, transferred, consumed, disposed of, or lost by it.
These prescribed computer readable reports replace the DOE /NRC Form 742 which has been submitted in paper form.
Each nuclear reactor licensee, as defined in $550.21 and 50.22 of this chapter, also shall prepare in computer readable form a statement of the composition of the ending inventory.
The inventory composition report must be submitted with each material balance report.
This prescribed computer readable report replaces the DOE /NRC Form 742C which has been submitted in paper form.
Each licensee shall prepare and submit the reports described in this paragraph in accordance with instructions (NUREG/BR-0007 and NMMSS Report D-24
" Personal Computer Data Input for NRC Licensees").
Copies of I
I these instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, l
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14 Washington, DC 20555.
Each licensee shall compile a report as of March 31 and September 30 of each year and file it within 30 days after the end of the period covered by the report.
The Commission may permit a licenser to submic the reports at other times when good cause is shown.
8.
Section 74.15 is revised to read as follows:
574.15 Nuclear material transfer reports.
(a) Each licensee who transfers and each licensee who receives special nuclear material shall complete in computer readable form a Nuclear Material Transaction Report.
This should be done in accordance with instructions whenever the licensee transfers or receives a quantity of special nuclcar material of 1 gram or more of contained uranium-235, uranium-233, cn-plutenium.
Copies of these instructions (NUREG/BR-UOO6 and NMMSS Report D-24 " Personal Computer Data Input for NRC Licensees") may be obtained from the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, Washington, DC 20555.
This prescribed computer reedable form replaces the DOE /NRC Forn 741 which has been submitted in paper form.
(b)
Each licensee who receives 1 gram or more of contained uranium-235, uranium-233, or plutonium from a foreign source shall:
(1)
Complete in computer readable form both the supplier's and receiver's portion of the Nuclear Material Transaction Report; l
t l
15 (2)
Perform independent tests to assure the accurate identification and measurement of the material received, including its weight and enrichment; and i
(3)
Indicate the results of these tests on the receiver's portion of the form.
(c)
Any licensee who is required to submit inventory change reports pursuant to 575.34 of this chapter (pertaining to implementation of the US/IAEA Safeguards Agreement) shall prepare and submit these reports only as provided in that section (instead of as provided in paragraphs (a) and (b) of this section).
PART 75 - SAFEGUARDS ON NUCLEAR MATERIAL -
IMPLEMENTATION OF US/IAEA AGREEMENT 9.
The authority citation for Part 75 continues to read as follows:
AUTHORITY: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C.
2073, 2093, 2133, 2134,2152, 2201); sec. 201, 88 Stat.'1242, as amended (42 U.S.C.
5841).
Section 75.4 also issued under secs. 135, 141, Pub. L.
97 '25,96 Stat. 2232, 2241 (42 U.S.C.
10155, 10161).
For the purposes of sec. 223, 68-Stat. 958, as amended (42 U.S.C.
2273); the provisions of this part are issued under sec. 1610, <68 Stat. 950, as amended (42 U.S.C. 2201(o)).
9 16 10.
Section 75.31 is revised to read as follows:
575.31 General requirements.
Each licensie who has been given notice by the Commission in writing that its installation has been identified under the Agreement shall make an initial inventory report in computer readable form, and thereafter shall make accounting reports, with respect to such installation and, in addition, licensees who have been given notice, purnuent to 575.41, that their installations are subject to the application of IAEA safeguards, shall make the special reports described in 575.36.
These reports must be based on the recordc kept in accordance with 575.21.
At the request of the commission, the licensee shall amplify or clarify any report with respect to any matter relevant to implementation of the Agreement.
Any amplification or clarification must be in writing and must be submitted, to the address specified in the request, within twenty (20) days or other time as may be specified by the Commission.
11.
In 575.32, paragraph (b) is revised to read as follows:
575.32 Initial inventory report.
(b) The initial inventory report, to be submitted to the Commission in comptter readable form, in accordance with instructions (NUREG/BR-0007 and NMMSS Report'D-24 " Personal Computer Data Input for NRC Licensees"), must show the quantities of nuclear material contained in or at an installation as of the
~.
I 17 initial inventory reporting date.
The information is the initial inventory report may ixa based upon the licensee's book record.
12.
In 975.33, paragraph (a) is revised to read as follows:
575.33 Accounting reports.
(a)(1) The accounting reports for each IAEA material balance area consists of (1) Compucer readable Nuclear Material Transaction Reports (Inventory Change Re, orts) and (ii) Computer readable Material Balance Reports showing the material balance based on a physical inventory of nuclear material actually present.
(2) These prescribed computer readable forms replace the following forms which have been submitted in paper form:
i L
(i) The DOE /NRC Form 741; and (ii) The DOE /NRC Form 742.
4-18 13.
Section 75.34 is revised to read as follows:
975.34 Inventory change reports.
(a) Nuclear Material Transaction Reports (Inventory Change Reports) in computer readable form to be completed in accordance with instructions (NUREG/BR-0006 and NMMSS Report D-24 " Personal Computer Data Input for NRC Licensees"), must specify identi-fication and batch data for each batch of nuclear material, the date of the inventory change, and, as appropriate, (1) The originating IAEA material balance area or the shipper; and (2) The receiving IAEA material balance area or the recipient.
Each licensee who receives special nuclear material from a foreign source shall complete both the supplier's and receiver's portion of the form.
(b) Nuclear Material Transactions Reports (Inventory Change Reports), when appropriate, must be accompanied by computer readable Concise Notes, completed in accordance with instructions (NUREG/BR-0006 and NMMSS Report D-24 " Personal Computer Data Input for NRC Licensees").
Copies of these instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, Washington, DC 20555.
This prescribed computer readable form replaces the DOE /NRC-Form 740M which has been submitted in paper form.
This Concise Note is used in:
l 19 (1)
Explaining the inventory changes on the basis of the operating records provided for under 575.23; and (2)
Describing, to the extent specified in the license conditions, the anticipated operational program for the installation, including particularly, but not exclusively, the schedule for taking physical inventory.
14.
In 575.35, paragraph (a) is revised to read as follows:
575.35 Material status reports.
(a) A material status report must be submitted for each physical inventory which is taken as part of the material accounting and control procedures required by 575.21.
The material status report must include a computer readable Material Balance Report and a computer readable Physical Inventory Listing which lists all batches separately and specifies material identification and batch data for each batch.
When appropriate, the material status report must be accompanied by a computer readable Concise Note.
The reports described in this section must be prepared and submitted in accordance with instructions (RUREG/BR-0007, NUREG/BR-0006 and NHMSS Report D-24 " Personal Computer Data Input for NRC Licensees").
Copies of these instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, Washington, DC 20555.
These prescribed computer readable forms replace the DOE /NRC Form 742, 742C, and 740M which have been submitted in paper form.
1
4 20 PART 150 - EXEMPTIONS AND CONTINUED REGULATORY-AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 15.
The authority citation for Part 150 continues to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C.
2201, 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84,92 Stat. 3033, 3039 (42 U.S.C.
2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.
- 10155, 10161).
Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 i
U.S.C. 2273); 55150.20(b) (2)-(5) and 150.21 are issued under sec.161b, 68 Stat. 948, as amended (42 Ti.S.C.~2201(b)); 5150.14 and 150.20_(b) (5) are issued under sec. 1611, 68 Stat. 949, as
-amended (42 U.S.-C.
2201(i)); and 55150.16-150.19 and 150.20(b)(1) are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
l-l
21 16.
In 5150.16, paragraph (a) is revised to read as follows:
5150.16 Submission to Commission of nuclear material transfer reports.
(a)
Each person who transfers and each person who receives special nuclear material pursuant to an Agreement State license shall complete and submit in computer readable form Nuclear Material Transaction Reports in accordance with instructions (NUREG/BR-0006 and NMMSS Report D-24 " Personal Computer Data Input for NRC Licensees") whenever he transfers or receives a.
quantity of special nuclear material of 1 gram or more of contained uranium-235, uranium-233, or plutonium.
Each person who transfers this material shall submit in accordance with instructions the computer readable form promptly after the transfer takes place.
Each person who receives special nuclear material shall submit in accordance with instructions the computer readable form within ten (10) days after the special nuclear material is received.
Copies of the instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of l-1 i
i l
l
b 4 -
L Safeguards and Transportation, Washington, DC 20555.
These prescribed computer readable forms replace the DOE /NRC Forn 741 which have boen submitted in paper form.
Dated at Rockville, MD this day of 1992.
FOR THE NUCLEAR REGULATORY COMMISSION.
Samuel J.
- Chilk, Secretary of the Commission.
I i
e pR *f o,o u
UNITED STATES E ' W,
^,j NUCLEAR REGULATORY COMMISSION
-g t.
WASHINGTON, D, C. 20555
%...+/
The Honorable Bob Graham Chairman, Subcommittee on Nuclear Regulation Committee on Environmental and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The Nuclear Regulatory Commission has sent to the Office of the Federal Register for publication the enclosed proposed amendment to the Commission's rules in 10 CFR Parts 40, 72, 74, 75, and 150.
The amendment, if adopted, would require affected licensees to submit their special nuclear material transaction reports in computer readable form.
Licensees affected are those who possess 1 kilogram or more of source material of foreign origin or those who possess 1 gram or more of special nuclear material.
The proposed rule will streamline and improve the accuracy of this data collection effort.
This proposed rule is expected to have no economic impact on affected licensees, the NRC, or the public.
Sincerely, Dennis Rathbun, Director Office of Congressional Affairs
Enclosure:
Proposed Rule cc:
The Honorable Alan Simpson ENCLOSURE 2
.