ML20128A061

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Proposed Rules 10CFR40,72,74,75 & 150, Licensee Submittal of Data in Computer Readable Form. Rule Would Streamline Collection of Nuclear Matl Transaction Data & Increase Accuracy of Reported Info
ML20128A061
Person / Time
Issue date: 01/19/1993
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-58FR6098, RULE-PR-150, RULE-PR-40, RULE-PR-72, RULE-PR-74, RULE-PR-75 D-24, NMMSS-D-24, NMMSS-REPORT-D-24, PR-930119, NUDOCS 9302020109
Download: ML20128A061 (22)


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, ;tucicar Regulatory Commission 10 CFR Parts 40, 72, 74, 75, 150 RIN: 31'iG-AE3 5 Licensee submittal cf Data in Computer headablo Form AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission is proposing an amendment to its regulations that would reluire certain licensees to subt: lit data to the NRC in computer readable form. The propored rule is intended to streamline the collection of .1uclear natorial transaction data and increase the accuracy of the ruported information. The proposed rule would result in an annual cost cavings of approximately $100,000 in the data collection offort.

DATES: Comments must be received on or before (90 days after

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publication of rule), comments received after this date'will be considered if it is practical to do so, but only those comments received on or before this date can be' assured of consideration.

ADDRESSES: Co:'unents or suggestions regarding the proposed-I anendments.should be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attantion: 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 .

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2 FOR FURTHER INFORMATION CONTACT Richard H. Gramann, U.S.

Nuclear Regulatory Comr.issica, Washington, DC 20555, Telephone (301) 504-2456.

SUPPLEMENTARY INPORMATION:

The HRC has a major interest in the potential une for computer readable submittal. This ).nnovation not only can result in monetcry savings but also can increase efficiency and accuracy of data collection efforts. In April 1989 the NRC notified licensees reporting npocial nuclear matorial transactions on hard copy forms that they could instead submit their reports.in machine readable forn. Specific submittal procedures, as detailed in the " Personal Computer Data Input for NRC Licenseev' (Nuclear Haterials Management and Safeguards' System (NKHSS)

Report D-24) was to be followed.

The NRC la proposing to amend its regulations to require-licensees satisfying reporting. requirements using DOE /NRC Forn 741, " Nuclear Material Transaction Repo'Jt," DOE /NRC Forn 741A.

" Nuclear Material Transaction Report (Continuation Page),"

DOE /NRC Form 740H, " Concise Note," DOE /NRC Form 742, " Material Balance Report," and DOE /NRC Form 742C, " Physical Inventory Listing," to submit the repo;ta in computer readable form.

This proposed regulatory change makes mandatory the reporting in- -;

computur readable form in the format prescribed by that document.

This proposed change wouldfatreamline the collection of nuclear material transaction data end 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 obligatione.

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The propnsad amendments would affect each specific licensee who transfers,- receiven, or adjusts the inventory in any manner by 1 kilogram or more of uranium or thorium sourco material of fcreign origin or who imports or exports 1 kilogram or more of uranium or thorium source material of any origin. Each specific liconnec who transfers or recuives 1 gram or more of contained- ,

uranium-235, uranium-233, or plutonium would also be affected.

These proposed amendments are intendud only to take advantage cf current computer technology to make mora uf ficient and less costly the data collection process. The Commission believes there will be minimal costs associated with implementation of these proposed amendments but nonetheless oncourages licensees to comment on the cost impact of complying with the rula, if such impact is considered signficant.

Most licensees already have their material-accounting autenated and can easily generate computer readable reports.

For those licensees who have not yet autonated their reporting, a diskette with the appropriate formats and user prompts may be o']taired from the NRC to f acilitate this process. Licensees may obtain a copy of the NMMSS report or the diskette by writing the l

U.S. Nuclear Regulatory Ccamission, Division of Safeguards and L Transportation, Washington, DC 20S55.

l l-L Submission of Comments in Electronic Format i

commenters are encouraged to submit, in additien to the

l. original paper copy, a' copy of the letter in electronic format'on S.25 or 3.5 inch computer diskettet IBM PC/ DOS or MS/ DOS format.

Text files should be provided in Wordperfect format or L unform :ted ASCII code. The format and version should be identified'on the diskette's external label.

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4 Environrent Impact: Categorical Exclusion The NRC has determined that this proposed change is the type of action deceribed in the categorical exclusion 10 CFR 51.33(c)(2). Therefore, neither an environmental impact .i statement nor an environmental assessment has been prepared for the proposed rule.

Paperwork Reduction Act Statement This proposed rule amends information collection rcquirements that are subject to the Paperwork Reduction Act of ,

1980 (44 U.S.C. 3501 et seq.). This rulo has been' submitted to the Office of Management and Budget for review and approval of the paperwork requirements.

Since the rule would eliminate the need for certain paper forms, the public rnperting burden for the collection of-internation is expected to be reduced. The resulting burden >

reduction for DOE /NRC Forms 741, 741A, 742, and 740M is estimated to average .25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> pe r response. The resulting burden ,

reduction for DOE /NRC l'orm 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 time for reviewing instructions, searching existing data sources, gathering and maintaining the.

data needed, and completing and reviewing the collection of 4 information. Send comments regarding the estimated burden reduction or any other aspect of this collection of.informatior.,

including suggestions for further reducing reporting burden, to- _

the Information and Records -Hanagement Branch (MNDB-7714 ),

U.S. Nuclear Regulatory Commission, Washington, DC 20555L.and to-the Desk Of ficer, Of fice of Information and Regulatory Af f airs, HEOB-3019, (3150-0003, -0004, - 00057, and -0058), Office of Management and Budget, Weshington, DC 20503.

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5 Regulatory Analysis These proposed amendments would have no significant impact on State and local governments and geographical regions. They would have a significant positive impact on the efficiency and accuracy of the data collection process. The proposed amendments would not have a significant impact on health, safety, and the environment. This rule would make all licensnes submit computer readable reportn regarding special nuclear material transactions.

The NRC would realize a cost savings of approximately $100,000.

Licensees have already demonstrated their computer expertise by generating 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 these forns.

The r? ale would facilite.te the collection of data by the NRC to satisfy its statutory and treaty obligations. This constitutes the regulatory analysis for this proposed rule.

Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605 (b)), the Commission certifies that this change will not, if promulgated, have a significant economic impact on a substantial number of small entities. This proposed rulu would affect all licensees required to report special nuclear material transactions using DOE /NRC Forms 741, 741A, 742, 742C, and 740M.

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 disketto from the HRC to assist them in satisfying their reporti.ig requirements. These ccmpanies may fall within the scope of "small entities

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Regulatory Flexihility Act or the Small Business Size $tandards  ;

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set out in regulations issued by the Small Business A>Jministration at 13 CFR Part 121.

i Backfit Analysis The NRC has determined that a backfit analysis is not required for this propcsed change because these amendments do not involve-any provisions that would inpose backfits-as defined in 10 CFR 50.109(a)(1).

List of Subjects in 10 CFR Part 40

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Criminal penalties, Government contracts, Hazardous natorials -' transportation, Nuclohr materials, Reporting and recordkeeping requirements, Source material, Uranium. ] ,

List of. Subjects in 10 CFR-Part 72-Manpower training programs, Nuclear materials,-Occupational i safuty and health, Reporting and recordkeeping requiraments, >

Security measures, Spent fuel.

List of Subjects in 10 CFR Part.74. r .

Accounting, criminal penalties, Hazardous materials -

transportation, Material. control and accounting,' Nuclear materials, Packaging and containers,-Radiation protection, Reporting andLrecordkeeping requirements, Scientific equipment, Special nuclear natorial.

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t List of Suojects in 10 CFR Part 75 1

Criminal penalties, Intergovernmental-relations, Nuclear natorials, Nuclear power plants and reactors, Reporting and recordkoeping requirements, Security measures.

List of Subjects in 10 CFR Part 150 -,

l Criminal penalties, Hazardous materials - transportation, Intergovernmental relations, Huclear unterials, Reporting and >

recordkeeping requirements, Security measures, Source material, Special nuclear natorial.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the ,

Energy Reorganization Act of 1974, as aconded, and 3 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 li 1.- The authority citation for Part 40 continues to read as- j follows:

AUTHORITY: Secs, 62, 63, 64, 65,.81, 161, 102,.103,-18u, 68-Stat. 932, 933, 935, 948, 953, 954, 955, as amended,. secs.- ,

4 11e(2), 83, 84,-Pub. L.-95-604, 92 Stat. 3033,-as amended, 3039, sec. 234,-83 Stat.-444,'as amonded (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, '3 Stat. 688 (42 U.S.C. 2021); _

secs.-201, ne amended,- 202,.206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.t'. 5841, 5842,.5046); seco 275, 92 Stat. 3021, as.

Lamended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2021).

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Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 ,

Stat. 2961 (42 U.S.C. 5951). Section 40.31(g) also isnued bnder '

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 airo issued under sec. 187, 68 Stat. 955 (42 U.S.C. '

2237).

i For the purposes of sec. 223, 68 Stat. 958, as amended  :

(40 U.S.C. 2273); 5540.3, 40.25(d)(1)-f3), 40.35(a)-(d) and (f),

40.41(b) and (c), 40.46, 40.51(a) and (c), and 40.63 nre issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C.

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, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). '

l 2. In 540.64, paragraph (a) is revised to read as follows:

i 540.64 Reports. '

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I (a) Except as specified in paragraphs (d) and (e) of this section, each specific licensee wno transfers, receives, or adjusta the inventory in any manner by 1 kilogram or more of- l uraniam or thorium source pacerialuof' foreign origin or who imports or exports 1 kilogram of uranium or thorium-source

( material of any origin shall complete a Nuclear Material Transaction Report in computer readC.ble 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 l Commission, Division of Safeguards and Transportation, Washington, DC 20555. Each licensee who transfers the material L shall submit a Nuclear Material Transaction ReportLin computer-readable form in accordance with instructions no later than the close of business the next working day. Each licensee.who.

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4 receives the material shall submit a Nuclear Hatorial Transaction Report in computer readable f orm in accordance with instructions within ten (10) days after the m3torial is received. The i l

. Commission's copy of the report must be submitted to the address 1 specified in the instructions. These prescribed computer. I readable forms replace the DOE /NRC Forn 741 which has been j submitted in paper form.

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PART 72 - LICENSING REQU1REMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE i

3. The authority cie.ation for Part 72 continues to read as follows:

AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 18',

183, 184, 106, 187, 189, 68 Stat. 929,_930, 932, 933, 934, 935, l l

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, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-001, nec.110, 92 Stat.

2951 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat 853-(42- l 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, L 10161, 10168).

l l Section 72.44(g) also issued under secs. 142(b)-and 148(c), ,

(d), Pub. L. 100-103, 101 Stat. 1330-232, 1330-236 (42 U.S.C. ,

10162(b), 10168(c),-(d)). -Section 72.46 also issued-under sec, f

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189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96  ;

M Stat. 2230 (42 U.S.C. 101S4). 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 secc. 2(3), 2(15), 2(19),  ;

117(a), 141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(n), 10161(h)). Subparts K and L are 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). ,

l'or the purpoces of sec. 223, 68 Stat. 9$8, as amended (42 U.S.C. 2273); $172.6, 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), 72.4G(a), 72.S0(n), 72.52(b), 72.72(b), (c), 72.74(a), (b),

72.76, 72.78, 72.104, 72.106, 72.120, 72.122, 72.1.74, 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, 72.136 are isnued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C.

2201(b)); h572.10(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, 1

l 72.94, 72.98, 72.100, 72.102(c), (d),-(f), 72.104, 72.106,-

l 72.120, 72.122, 72.124, 72.126, 72.128, 72.130, 72.140(b), (c),

l -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, 72.102, 72.184, 72.1E6, 72.190, 72.192, 72.194 are issued under sec. 1611, 68 Stat._949, asiamended (42 U.S.C.

2201(i)); and $ 672.10(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.? t (n ) , (b),-72.76(a), 72.78(a), ?2.80, 72.82, 72.92(b),

72.94(b), 72.140(b), (c), (d), 72.144(a), 72.146, 72.148, 7 2 . 1 5 0 ,-

72.152,72.154(a), (b), 72.156, 72.160, 72.162, 72.168,_72.170,- -l 72.172, 72.174, 72.176, 72.100, 72.184, 72.186,--72.192,- ,

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72.212(b), 72.216, 72.218, 72.230, 72.234(o) and (g) are issued under noc. 161c, 68 Stat. 950, as anended (42 U.S.C. 220\(o)).

4. In $72.76, paragraph (a) is revised to read as follows:

172.76 Hatorial statuu reports.

(a) Excopt as provided in paragraph (b) of this section, l each licensee shall complete in computer readable form and submit to the Commission a material status report in accordance.with-instructions (NOREG/BR-0007 and NKMSS Repcrt D-24 " Personal-Computer Data Input for NRC Licensees"). Copies of these instructions may be obtained from the U.S. Hucinar Regulatory Commission, Division-of Se.feguards and Transportation, l Washington, DC 20555. These reports provide information

, concerning the special nuclear matoriul 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 dayn' after the.end of the period coverod'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 j the instructions. These prescribed computer readablefforms

, replace the DOE /NRC-Form 742 which has been submitted in paper:

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12 S. Section 72.78 is revised to read as follows:

972.7E Nuclear material transfer reports.

(a) Except as provided in paragraph (b) of this section, whenever the licensee transfers or receives spent fuel, the licensee shall completo in computer readable form a Nuclear ,

Material Transaction Report in accordance with instructions (NUP.EG/BR-0006 and NMMSS Report D-24, " Personal' Computer Data Input for NRC Licensees"). Copies of these instructions may be obLained from the U.S. Nuclear Regulntory Commission, Division of Saf tguards and Transportation, Washington, CC 205b5. -Each ISFSI

, licensen who roceives spent fuel frcn a foreign sourcu sha31 complete both the supplier's and receiver's portion of the Nuclear-Material Transaction Report, verify the identity of_the spent fue.1, and indicate the results on the receiver's pr,trtion of the form. These prescribed computer roadable forms replace the DOE /NRC Form 741 which has been submitted in paper form.

(b) Any licensee who is required to submit Huclear Material Transactions Reports pursuant to 575.34 of L this chapter (per-taining to implementation of the US/IAEA Safeguards Agreenent) -

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shall prepara and submit the reports only as provided in_tnat section .'nstead of as providwd in paragraphL(a) of this section.-

1 PART 74 - KATERIAL CONTROL AND= ACCOUNTING-OF SPECIAL NUCLEAP MATERIAL

6. The authority citation for Part 74 continues to read as follows:

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AUTil0RITY: Secs. 53, 57, 161, 182, 103, 68 Stat. 930, 332, 940,953, 954, as amended, sac. 234, 83 Stat. 444, as amended (42 U.S.C,2.073, 2077, 2201, 2232, 2233, 2282); secs. 201 as amended 202, 206,80 Stat. 1242, an amendod, 1244, 1246 (42 U,d.C. 5841, ,

5842, 5846).

f'or the purposes of sec. 223. 68 Stat. 958, as amended (42 U.S.C. 2073); $974.17, 74.11, 74.33, 74.51, 74.53, 74.55, 74.57, 74.59, 74.81, and 74.82 are issued under seca. 161o and 1611, 68 Stat. 948, 949, as amended (42 U.S..C. 2201(b) arad 2201(1)); end 5%74.11, 74.13, 74.15, and 74.17 are issued under sec. 1610, 68 Stat. 9S0, as amended (42 U.S.C. 2201(o)).

7 In 574.13, paragraph (a)(1) is revised to read an

  • follows:

574.13 Material status-reports.

(a)(1) Each licensee authorized to poosess at any one time and location special_ nuclear material in a quantity totaling more:

than 350 grams _of contained uranium-235, uranium-233, or ,

plutonium, or any combination thereot, shall complete and submit in computer _rcadab3e form material balance reports concerning special-nuclear material received, produced, possessed, transferred, consumed, disposed of, or lost by -it. Thesc=

prescribed computer readable reports replace _ the- DOE /NRC -Forn 742 which has been submitted in paper _ form. Each nuclear reactor licensee, as defined in 5550.21 and 50.22-of this chapter, also shall prepare in computer readable form a statement of the composition of the ending inventory. 1Nic inventory composition report must be submitted with each naterial balance report. _This prescribed computer readable report replaces the DOE /NRC-Form'  ;

742C which has been submitted in paper form. Each licensee shall' >

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prepara and submit the reports described in this paragraph in accordance with instructions (NUREG/BR-0007 and NKMSS Report D-24 ,

" Personal Conputer Data Input for NRC Licenseos"). Copies of '

these instructions nay be obtained from the U.S. Nuclear Regulttory Commission, Division of Safeguards and Transportation, Washington, DC 20555. _Each licensee shall compile a report as of '

Narch 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 porrit a licenree to suonit the reports at other  ;

times when good cause is shown.

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8. Section 74.15 is revised to read as follows: .

574.15 Nuclear natorial 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 l be done in accordance with instructions whenever the licensee i transfers cn receives a quantity of special nuclear material of 1 gram or more of contained uranium-235, uraniam-203, or ,

plutonium. Copies of these instructions (NUREG/BR-0006 and NKMSS Repor*. D-24 " Personal Computcr Data Input for NRC Licensees") may be obtained from the-U.S. Nuclear Regulatory Commission, Division- -

of Gafeguards and Transportation, Washington, DC 20555. This prescribed computer readable form replaces the DOE /NRC Form 741 which has been submitted in p3per form.

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15 (b) Each licensee who receives 1 gram or more of contained uranium-235, uranium-233, or plutonium from a foreign cource shall:

R (1) Completc in computer readable form both the supplior's and receiver's portion of the Nuclear Material Transactior Report; (2) Perf orm independerat tests to assure the accurate inen:.itication and measurement of the material received, including its weight and enrichment and (3) Indicate the results of those tests on the s receiver's portion of the form.

(c) Any licensee who is required to submit inventory change reports pursuant to 575.34 of this chaptor (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 HATERIAL -

IMPLEMENTATION OP US/IAEA AGREEMENT

9. The authority citation for Part 75 continues to read as-follows:

AUTHORITY: Secs. 53, 63, ?O3, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133,

4 16 2134,2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.

5841). Section 75.4 also incued under cocs. 135, 141, Pub. L.

!97-475,96 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)).

10. Section 75.31 is revised to read as follows:

575.31 General requirements. l Each licensee who has been given nctice 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 resp 9ct to such installation and, in additien, licensees who have been given notice, pursuant to $75.41, that their installations -,

are subject to the application of IAEA safeguards, sh111 nake= the special reports described in 575.36. These reports must be based on the records kept in accordance with $75.21. 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 addrean specified in the request, within twenty (20) days or other time as may be specified by the commission.

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l 11. In 575.32, paragraph (b) is revised to read as follows:

i 575.32 Initial inventory report. i (b) The initial inventory report, to be submittcid to the Commission in computer readable form, in accordance with instructions-(tlUREG/BR-0007 and HMMSS Report.D-24-"Peesona1 Computer Data Input for NRC Licensees"),*ast st.ow the quantities of nuclear material contained in or at an installatinn as of the initial inventory reporting date. The information in the initial inventory report may be based upon the licensee's book record.
12. In 575.33, paragraph (a) is revised to reed as follows:

575.33 Accounting reports.

(a)(1) The accounting reports for each IAEA material balance-area consists of (i) Computer readable Nuclear Material Transaction Reports (Inventory Change Reports) and (ii) Computer readable. Material Balance Reports: showing the material balance based on a physical inventory of nuclear material actually present.

(7.) These prescribed computer readable forus replace the -

following forms which have been submitted in paper form: .

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_ .. - . - _ - . . .~. ._. . . _ _ _

T 18 (1) The DOE /NRC Form 741; and (ii) The DOE /NRC Form 742.

13. Section 75.34 in revised to read as follows:

575.14 Inventory Chango reports.

(a) Nuclear Material Transaction Reports (Inventory Change Reports) in conputer readable form to be conpleted 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, L (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 bppropriate, must be accompanied by computer readable Concise Notes, completed in accordance with instructions (NUREG/BR-0006-and NHMSS Report D-24 " Personal Computer Data Input for'NRC Licensees"). Copies-of these instructions may be

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19 obtained from the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, Washington, DC 20555. This prescribed computer resdable f orm replaces the DOE /NRC Forn 740H which has been submitted in paper form. This_ Concise Note is used in:

(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. i

14. In 675.35, paragraph (a) is revised to read as follows:

I

$75.35 Material status reports.

(a) A material status report must be submitted for each physical inventory which is taken as part of the material l accounting and control procedures required.by;$75.21. The i

material status report -must include a computer readable Haterial

Balance Report and a computer readable Physical Inventory Listing ,

l which lists all batches separately and specifies material l identification and-batch data for each batch. When appropriate, the' material status report mur,t be accompanied by a computer l readatle concise Note. The reports described in.this section must be prepared and submitted in accordance with instructions (NUREG/BR-0007, NLREG/DR-0006 and NMMSS Report lD-24 " Personal Computer Data Input for NRC Licensees"). Copies of these instructions may be obtained from the U.S. Nucicar Regulatory Commission, Division-of_ Safeguards and Transportation, l '

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l 20 Washington, DC 20555. These prescribed computer readable forns I replace the DOE /NRC Form 742, 742C, and 740H which have been submitted in paper form.

1

  • *- * * -e PART 150 - EXEMPTIONS AND CONTINUED REGULATORY r AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 i
15. The authority citation for Part 150 continues to read as follows: i AUTHORITY: Sec. 161, 68 Stet. 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, an amended, secs. 83, 84,92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 1111, 2113,.2114).

Section 150.14 also issued under sec. 53,168 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-(42RU.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, asLamended-(42 s U.S.C.'2273);-}$150.20(b) (2)-(5) and 150.21 are issued under

. sec.161b, 68 Stat. 948, as amended.(42 U.S.C.;2201(b)); 5150.14 .

. and'150.20 (b)l(5) fare issued undar sec.- 1611, 68 Stat. 949, as L, m.- , . - . . . . .#.,

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amended (42 U.S. C. 2201(i)); and $$150.16-150.19 and i 150.20(b)(1) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

16. In $150.16, paragraph (a) is revised to read as- .

follows:

i 5150.16 Submission to Commincion of nuclear material transfer  :

re ports .  ;

(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 NKHSS 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 uho transfers this material shall submit in accordance with instructions the computer readable form promptly after the transfer takes place. Each person who rnceives 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 Safeguards and Transportation, Washington, DC 20555. These '

prescribed computer readable forms replace the DOE /NRC Forr. 741 which have been submitted in paper form.

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22

17. In 6150.17, paragraph (a) is revised to read ac follows:

5150.17 submission to commission of cource material reports.

(a) Except as specified in paragraph (d) of this section and $150.17a, each person who, pursuant to an Agreement State specific license, transfers or receives or adjusts the inventory in any manner by 1 kilogram or more of uranium or thorium source material of foreign origin or who imports 1 kilogram or more of uranium or thorium source material of any origin shall complete and submit in computer readable form Nuclear Material Transaction Reports in accordance with instructions (NUREG/BR-0006 and HMMSS Report D-24 " Personal Computer Data Input for NRC Licensees").

Copies of the instructions may be obtained f rom the U.S. Nuclear Regulatory Cohmission, Division of Safeguards and Transportation, Washington, DC 20555. Each person who receives the material shall submit in accordance with instructions the computer readable form within ten (10) days after the material is received.

d.

day of e; AfI Dated at Rockville, MD this , 1993, F0 THE NUCLEAR REGULATORY COMMISSION.

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samuel J. Chilk, Secretary of the ommicsion.

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