ML20127H469
| ML20127H469 | |
| Person / Time | |
|---|---|
| Issue date: | 01/12/1993 |
| From: | Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | |
| References | |
| OMB-3150-0055, OMB-3150-55, NUDOCS 9301220339 | |
| Download: ML20127H469 (14) | |
Text
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" Atomic Energy facilities, Radioactive Materials, Nuclear facility Seccrity" 10 CFR Part 75 establishes a system of nuclear material accounting and control to implement the US/IAEA Agreement, which requires licensees to submit information concerning their installation for the use of 1AEA, establish, maintain and follow prescribed material accounting _and_ control.4 racer.ures,_prov.ide. reportse _and_ permit _lAEAJnspections_
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SUPPORTING STATEMENT '
FOR 10 CFR PART 75 SAFEGUARDS ON NUCLEAR MATERIAL -
IMPLEMENTATION Of US/lAEA AGREEMENT (3150-0055)
Deset intion of the Inhadj.pn Collection The United States, as a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), has joined with other nations in an effort to limit the spread of nuclear weapons. To encourage widespread adherence to the NP1 by non-nuclear-weapon States, in 1967 President Johnson announced that the United States would permit the International Atomic Energy Agency (IAEA) to apply its safeguards to nuclear activities in this country. This policy has-been reaf firmed by each succeeding President and has been referred to by other ,
governments as a consideration affecting their decision to ratify the NPT.
The US/lAEA Agreement contains provisions which parallel agreements between the IAEA and non-nuclear-weapon States, tha principal difference being the exclusion of national security activities. 10 CFR Part 75 establishes a system of nuclear material accounting and control to implement the Agreement between the U.S. and IAEA for the application c
- safeguards in the U.S. The requirements of Part 75 apply to all persons licensed by the Commission' or Agreement Jtates to possess source or special nuclear material at an installation specified on the U.S. eligible list as determined by the Secretary of State or his designee and filed with the Commission. The requirements of Part 75 also apply to holders of construction permits and to persons who intend to receive source material or special nuclear material.
A. Justification Need for the Information Collection The implementing regulations identify provisions requiring licensees (1)-to submit information concerning their installation for the use of IAEA, (2) to establ;sh, maintain and follow prescribed material accounting and control procedures, (3) to provide reports and (4) to permit inspections'by lAEA representatives. For NRC to implement its responsibilities, it is necessary for licensees affected by Part 75 to maintain records and submit reports pursuant to the following sections.
Section 75.3(al states that the Commission may, upon application of any interested person or upon its'own initiative, grant exemptions from the requirements of this part under specified conditions. Applications under this section are examined by the NRC staff to determine whether the requested exemption is authorized by law and whether it will not endanger life or <
property or the common defense and' security, and to determine if it is otherwise in-the public interest.
Section 75.7 requires that a licensee visited by a representative of the IAEA shall immediately communicate with the Commissica, by telephone, to verify the credentials of the visitor if the licensae does not have prior written-Commission verification. This communication is necessary to permit the Commission to provide for facility access by duly authorized represent .tives of IAEA.
Section 75.llfal requires each licensee subject to the provisions of Part 75 to submit installation information to the Commission in response to a written request. IAEA Form N-71 is used to collect this information. The use of IAEA form N-71 has previously been approved by OMB under clearance number 3150-d56, which should be referred to for information collection burden and supporting data.
Section 75.llici requires each licensee to submit to the Commission information with respect to any modification or change at the installation affecting the information given under Section 75.ll(a). This information is required in order to ensure that the information provided to IAEA is up to date.
Siglion 75.ll(d) specifies that the information required by (a) and (c) above, submitted on IAEA Form N-71 or other forms, must include identification of features of installation and nuclear material in sufficient detail to facilitate verification, determination of material balance areas and key measurement points, establishment of nominal timing and procedures for physical inventory, record and report requirements and evaluation procedures, requirements and procedures for verification of the quantity and location of nucicar material, and selection of containment and surveillance methods and techniques at the strategic points at which they are to be applied. This information is collected by NRC for forwarding to IAEA.
Section 75.llfe) specifies that the licensee's detailed security measures for the physical protection of an installation shall be included in the installation information only when and to the extent specifically requested by the Commission. This information, when requested, is necessary for IAEA verification of measures for safeguarding of nuclear material.
Section 75.12(b) provides that a licensee may request that information of particular sensitivity, which it customarily holds in confidence, not be transmitted to the IAEA. A licensee who makes such a request should identify the pertinent document or part thereof and make a full statement of the reasons supporting the request. The licensee must retain _a copy _of the request and all documents related to the request as a record until the license is terminated or until the licensee is notified that it is no longer covered by the Agreement. Superaeded material must be retained for three years. The information is reviewed by NRC to determine whether the information should be withheld from 1AEA. In considering such a request, :he Commission attempts to achieve an effective balance between legitimate concerns of licensees,
. including protection of the competitive position of the owner of the information, and the undertaking of the United States to cooperate with the IAEA to facilitate the implementation of the safeguards provided for in the Agreement.
Section 75.12(bH41 provides that, if a request _is granted, the information will not be transmitted but will be held by the licenses as a record for examination by lAEA at a location designated by the Commission until the Commission terminates the license or until the licensee is notified that it is no longer covered by the Agreement. Superseded material must be retained for three years.
Section 75.12M1 provides that a licensee may request that information submitted under 75.11 or 75.14 not be physically transmitted to or made 2
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available to IAEA. Such a request is reviewed by the Commission to determine whether it is consistent with the Agreement. i Section 75.14fal requires that, at the time information is submitted under Section 75.11 (form N-71) and promptly whenever changes are made, the licensee must submit to the Commission information on organizational responsibility for material control and accounting and on health and safety rules to be observed by the IAEA inspectors at the installation. IAEA Form N-71 is used to collect this information. TLe use of IAEA Form N-71 has previously been approved by OM8 under clearance number 3150-0056, which should be referred to for information collection burden and supporting data, kction 75.21 requires that each licensee notified in writing by the Commission that its installation has been identified under the Agreement must establish, maintain and follow written material accounting and control procedures. The procedures must be retained as a record until the Commission '
terminates the license or antil the Commission notifies the licensee that it is no longer under the Agreement. Supet.eded material must be retained for three years. The procedures must include: a measurement system; proceJures for evaluation of precision and accuracy of measurements and estimation of measurement uncertainty; procedures for identification, review and evaluation of shipper / receiver measurement differences; physical inventory procedures, including frequency; procedures for evaluation of accumulations of unmeasured inventory and losses; and a system of accounting and operating records. The information is used by the licensee to carry out its material control and accounting operations, and is revicwed by NRC and IAEA to ensure the adequacy of the licensee's material control and accounting programs.
Section 75.22 requires that the accounting records required by Section 75.21 must include, for each IAEA material balance area, inventory changes, measure-ment results, adjustments and corrections with respect to inventory changes, book inventories and physical inventories, material identification, batch data and source data, for inventory changes, the records must show the date of the inventory change and, when appropriate, the originating or receiving IAEA material balance area or shipper or recipient. These records are used by the licensee, NRC and IAEA to determine whether there has been a diversion or loss of material, hetton 75.23 requires that the operating records required by Section 75.21 must include, for each IAEA material balance area, thor,e operating data which are used to establish changes in the quantities.and composition of nuclear material, the data obtained from calibrations, procedures and estimates, description of the actions taken for a physical inventory and of the actions taken to ascertain the magnitude and cause of any accidental or unmeasured loss. '
Section 75.24 requires that records required by sections 75.22 and 75.23 must be retained for five years. This requirement is the result of international '
agreements.
Section 75.31 requires that a licensee which has been informed in writing that its installation has been identified under the IAEA Agreement must make an initial inventory report on DOE /NRC form 742, and must thereafter make accounting reports. In addition, a licensee who has been given notice pursuant to Section 75.41 that its installation is' subject to the application 3
of IAEA safeguards must make the special report: described in Section 75.36, based on the records kept in accordance with Section 75.21. At the request of the Commission, the licensee must amplify or clarify in writing, within 20 days, any report relevant to implementation of the Agreement. This information is necessary to provide required information to IAEA in accordance with the Agreement.
Sgtion 75.32 requires that the initial inventory report. on DOE /NRC form 742, in accordance with printed instructions for completing the form, must show the quantities of nuclear material contained in or at an installation as of the initial inventory reporting date. That date is the last day of the calendar month in which the Commission gives the licensee notice that an initial inventory report is required. The initial inventory report must be dispatched within 20 days after the initial inventory reporting period. DOE /NRC form 742 is used to collect this information. The use of DOE /NRC Form 742 has previously been approved by OMB under clearance number 3150-0004, which should be referred to for information collection burden and supporting data.
EtcMon 75.31 requires that the accounting reports for each IAEA material balance area shall consist of inventory change reports on DOE /NRC form 741 and material status reports on DOE /NRC form 742. The use of DOE /NRC forms 741 and 742 has previously been approved by OMB under clearance numbers 3150-0003 and 3150-0004, which should be referred to for information collection burden and supporting data.
Section 75.3J requires that inventory change reports be submitted on DOE /NRC form 741, in accordance with printed instructions for completing the form, form 741 serves as a shipping and transfer document for special nuclear material and source material as required of NRC and Agreement State licensees.
This requirement is needed to enable the U.S. to fulfill its responsibilities as an IAEA participant. 00E/NRC form 741 is used to collect this information.
The use of DOE /NRC form 741 has previously been approved by OMB under clearance number 3150-0003, which should be referred to for information collection burden and supporting data. ,
Section 75.35 requires that material status reports must be submitted and must include a material balance report on DOE /NRC Form 742, and attached thereto a physical inventory listing on'00E/NRC form 742C listing all batches separately and specifying material identification and batch data for each batch, ac o mpanied by a DOE /NRC form 740M, Concise Note, in accordance with printed in-' ructions for completing the forms. The material status reports must be dirpatcl.ed as soon as possible and in any event within 30 days after the start of the physical inventory. The use of those forms has previously been approved.by OMB under the following clearance numbers, which should be ,
referred to for information collection burden and supporting data:
DOE /NRC-Form 742 OMB No. 3150-0004 DOE /NRC form 742C OMB No. 3150-0058 DOE /NRC Form 740M- OMB No. 3150-0057 53d ipn 75.36 renuires that licensees that have been given notice pursuant to Section 75.41 must make a special report to the Commission immediately by-telephone and telegraph , mailgram or facsimile in certain specified situations involving the possibility of loss of nuclear material in excess of specified limits and in case of unexpected changes in containment to the 4
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f extent that unauthorized removal of nuclear material has become possible.
This information is evaluated by NRC to determine whether any immediate .
response or corrective action may be necessary.
Section 75.43(a) requires that licensees that have been given notice pursuant to Section 75.41 must give advance written notice to the Commission of specified domestic 1r international transfers.
Srction 75.4Rtd requires that notification be given of any proposed shipment of nuclear material for peaceful purposes under an export license issued pursuant to 10 CFR Part 110 in any amount exceeding one effective kilogram, directly or indirectly to any non-nuclear weapon state.
Section 75_.43(c)(1) requires that notification be given with respect to nuclear material of specified quantities which immediately prior to export is subject to safeguards under the US/lAEA Agreement.
Section 75 43(c)(2) requires that notification be given with respect to any proposed import of nuclear material described in 75.43(c)(1) of any amount exceeding one effective kilogram. For two or more shipments within any 90 day period from points of origin in the same country, the aggregate of which will exceed one effective kilogram, notification must be given for each shipment.
Section 75.43(d) requires that notification be given with res'ect to any ; ,
shipments of nuclear material to a destination in the U.S. otaer thar an installation on the eligible list.
Section 75.44(c) requires that notification be given to the Commission as soon as possible of any delay in the shipment or receipt of nuclear material for which advance notification is required.
Section 75.45 specifies that the notifications required by Section 75.43 must include specified information on the nuclear material and the probable dates of receipt or shipment. For export and import shipments, it should also include information on containers, destination, means of transport, and expected date of arrival.
These notifications are necessary to permit NRC to ensure that sufficient protection is being provided for material being transported and to ensure that any needed coordination with 1AEA inspections is arranged.
Ag.ency Use of Information in order to fulfill United States responsibilities under the US/lAEA Agreement, NRC is required to collect the information and make it svailable to the IAEA. NRC would not be able to fulfill its responsibilities without the information. In an effort to minimize duplication and licensee burden, NRC and the Department of Energy (00E) jointly maintain a Nuclear Materials Management and Safeguards System (NMMSS). Common reporting forms are used to minimize the reporting burden on industry members required to provide nuclear materials data to one or both agencies or to IAEA. In those cases, the licensee is able to file one report to meet the requirements of both agencies, and of IAEA if required. For these reports, the information is entered, stored, and maintained in the NMMSS and is used to generate reports that are submitted to the IAEA for use in monitoring of selected U.S. facilities.
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4 Rt dagtion of Burden Throuah Information Technoloav There are no legal obstacles to reducing the burden associated with this information collection. Applicants and licensees may use electronic information processing systems to prepare and submit required information.
Effort to identify Duplicatiqn The Information Requirements Control Automated System (IRCAS) was searched to determine duplication. None was fcurd.
Effort to Use Similar Information There is no similar information available to the NRC.
Effort to Reduce Small Business Burden NRC has determined that the affected entities are not small entities or businesses as those terms are used in the Regulatory Flexibility Act.
Conseauences of less Freauent Collection The data collection times are established by an international agreement and cannot be changed except by modifying the agreement.
Circumstances Which Justify Variation from OMB Guidelines Contrary to the OMB Guidelines in 5 CFR 1320.6(c) fiftten copies of IAEA Form N-71 are required to be submitted. This is a one time requirement. The copies are needed for distribution to the IAEA, Department of State, the Arms Control and Disarmament Aaency, the Department of Energy, the IAEA Project Officer, and the selected facility's files. Some of the agencies require multiple copies. The need for concurrent review, the complexity of the review, and the need for timely completion of the review, dictate the requirement for multiple copies.
Contrary to the OMB Guidelines in 5 CFR 1320.6(b), Sections 75.31 and 75.32 require that licensees submit information to NRC in less than 30 days. These requirements are necessary in order to meet the time requirements for-notification to IAEA under the Agreement.
Contrary to the OMB guidelines in 5 CFR 1320.6(f), Section 75.12(b)(4) requires that licensees retain certain sensitive information as a record for examination by the IAEA until the Commission terminates the license or until the licensee is notified by the Commission that it is no longer covered by the agreement. The availability of these records is necessary so that arrangements may be made for the IAEA to review them if circumstances require.
Contrary to the OMB guidelines in 5 CFR 1320.6(f), Section 75.21 requires that a licensee notified in writing by the Commission that its installation has been identified under the Agreement must retain written material accounting and control procedures as a record until the Commission terminates the license or until the Commission notifies the licensee that it is no longer under the Agreement. Superseded material must be retained for three years. It is necessary that the procebfres be retained for more than three years so that 6 I
4 they may be used by the licensee to carry out-its material control and accounting operations. The procedures are also reviewed by NRC and IAEA to ensure the adequacy of the licensee's material control and-accounting programs.
Contrary to the OMB guidelines in 5 CFR-1320.6(f), Section 75.24 requires that records required by sections 75.22 and 75.23 must be retained for five years.
This requirement is necessary to comply with international agreements.
Contrary _to the OMB Guidelines in 5 CFR 1320.6(b), Section 75.36 requires that~
licensees that have been given notice pursuant to Section 75.41 must make a special report to the Commission immediately by telephone and telegraph, mailgram or facsimile in certain specified situations involving the possibility of loss of nuclear material in excess of-specified limits and in case of unexpected changes in containment to the extent that unauthorized removal of nuclear material has become possible. Requiring that this information be reported in less than 30-days is necessary so that the information may be promptly evaluated by NRC to determine whether any immediate response or corrective action may be necessary.
Consultations Outside the Aaency There have been no consultations outside the agency since the previous clearance of these requirements.
Confidentiality of Information None, except for proprietary or safeguards information.
Sensitive Questions i
None.
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Estimate of Comoliance Burden-Reportino Reauirements Licensee Total Number of No.-.of Licensee Staff Hours Annual Sectiqn Licenseet Responses Annually . Per Submittal 'HMIdRD-75.3(a) 2 2 12 24-75.7 2 ,2 0.2 0.4 75.ll(a) - See OMB Clearance No. 3150-0056 75.ll(c) Included in 75.11(a) 75,11(d) Included in 75.ll(a) 75 ll(e) Included in 75.ll(a) 75.12(b) 2 2 12 24-75.12(d) Included in 75.12(b) 75.14(a) - See OMB Clearance No. 3150-0056 75.31 Included in 75.32 and 75.36 75.32 - See.0MB Clearance No.- 3150-0004 ,
75.33 - See OMB Clearance Nos. 3150-0003 and 0004 75.34 - See OMB Clearance No. 3150-0003 75.35 - See OMB Clearances 3150-0004, 0058, and 0057 t
75.36 2 1 12 12 75.43(a) Included in 75.43(b) and 75.43(c)(2) -
75.43(u, 6 12 4 48-75.43(c)(1) Included in 75.43(c)(2) 75.43(c)(2) 6 12 4- 48 75.43(d) 6 12 4 .48 -
75.44(c) Included in 75.43(b) and 75.43(c)(2) 75.45 Included in 75.43(b) and:75.43(c)(2).
Total: 43 204.4 8 ,
s RecordkeeDino Reouirements-No. of_ Annual Recordkeeping -
Licensees Hours per Licensee Total Burden 75.12(b)(4) 6- 400 2,400 75.21 6 400 2,400 75.22 Included in 75.21 75.23 Included in 75.21 75.24 Included in 75.21 Total number of recordkeepers: 6 Total recordkeeping hours annually: 4,800 ,
TOTAL ANNUAL BURDEN HOURS FOR PART 75: 5,004
_, Estima.ted Cost to Respond to the Collection The estimated annual cost to licensees to respond to the collection requirements is $615,492 (5,004 hrs X $123/hr).
Source of Burden Data and Method for Estimatino Burden This data is based on informal consultations by staff with a:small number of typical licensees and on actual reports submitted by licensees to NRC during previous years.
Reasons for Chanae in Burden There is no change-in burden.
Estimated Cost to the Federal Government Cost to the Government for review of reporting forms is attributable to and reported under the clearances for those forms as cited above. The cost for professional review other than the cited forms is estimated to be 12 professional staff hours at $123 per hour, or $1,476.
B. Collection of Information Emolovino Statistical Methods Statistical methods are not used in this collection of information.
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(7590-01)
NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements: Office of Management and Budget (OMB) Review AGENCY: U. S. Nuclear Regulatory Commission (NRC)
ACTION: Notice of OMB review of information collection.
SUMMARY
- The NRC has recently submitted to OMB for review the following proposal for the collection of information-under the provisions of the Paperwork R6 duction Act of 1980 (44 U.S.C. Chapter 35).
- 1. Type of submission, new, revision, or extension: -$ension.
- 2. The title of the information collection:
10 CFR Part 75 - Safeguards on Nuclear Material -
Implementation of US/IAEA Agreement
- 3. The form number if applicable Not applicable.
- 4. How often the collection is required: Installation information is submitted upon written notification from the Commission. Changes are submitted as occurring. Nuclear material accounting and control information is submitted in accordance with specified instructions.
- 5. Who will be required or asked to report: All persons licensed by the Commission or Agreement States to possess
-source or special nuclear material at an installation specified on the U.-S. eligible list as determined by the Secretary of State or his designee and filed with the S- --w w - - - - - _ 2m _. - --* .__ .--
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Commission, as well as holders of construction permits an'd persons who intend to receive source material.-
- 6. An estimate'of the number of responses annually: 43
- 7. An estimate of the total number of hours needed to complete the requirement or request: Approximately 4.7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> per response plus 800 hours0.00926 days <br />0.222 hours <br />0.00132 weeks <br />3.044e-4 months <br /> per recordkeeper. The total annual industry burden is 5,004 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />.
- 8. An indication of whether Section 3504(h), Pub. L.96-511 applies: Not applicable.
- 9. Abstract: 10 CFR Port 75 establishes a system of nuclear material accounting and control to implement the agreement between the United States and the International Atomic Energy Agency (IAEA). Under that agreement, NRC is required to
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collect the information and make it available'to the IAEA.
Copies of the submittal may be inspected or obtained for a fee from-the NRC Public Document Room, 2120 L Street, N.W. .(Lower Level) , Washington, DC.
Comments and questions may be directed by mail to the OMB reviewer:
Ronald Minsk
-Office of Information and Regulatory Affairs (3150-0055)
NEOB-3019 Office of Management and Budget Washington, DC 205G3 L
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Comments may also be communicated by telephone at (202) 395-3084.
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3 The NRC Clearance Officer is Brenda Jo. Shelto (301) 492-8132.
Dated at Bethesda, Maryland, this / A'#A- day of MN ' 1993.
For the Nuclear Regulatory Commission L_. - , ,.
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dhw Gerald F. Cranford Designated Senior Official for Information Resources Management
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