ML20128B927

Informs That Commission Has Sent Encl Proposed Amend to Rules 10CFR40,72,74,75 & 150 to Fr for Publication.Amend Would Require Affected Licensees to Submit SNM Transaction Repts in Computer Readable Form

ML20128B927
Person / Time
Issue date:	01/22/1993
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Graham B, Lehman R, Sharp P HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., ENVIRONMENT & PUBLIC WORKS
References
FRN-58FR6098, RULE-PR-150, RULE-PR-40, RULE-PR-72, RULE-PR-74, RULE-PR-75 CCS, NUDOCS 9302030209
Download: ML20128B927 (4)

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'..... January 22, 1993 The Honorable Richard Lehman, Chairman Subcommittee on Energy and Mineral Resources committee on Natural Resources United States House of Representatives Washington, D. C. 20515

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.

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Dennis Rathbun, Director office of Congressional Affairs

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...* January 22, 1993 The Honorable Philip Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, D. C. 20515 Dear Mr. Chairman The Nuclear Regulatory Commission has sont 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 requ. ire 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 i gram or more of special nuclear material. The proposed rule will streamlino and improve the accuracy of this data collection effort.

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Enclosure:

Proposed Rule cc: Rep. Michael Bilirakis

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l January 22, 1993 The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D. C. 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission has sent to the office ofLthe 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 _affacted'licenseos..

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.

Sincerely, gh / t~~

Dennis Rathbun,_-Director Office =of Congressional-~ Affairs-

Enclosure:

Proposed Rule cc: Senator Alan Simpson

The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washincton, D. C. 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. Thic proposed rule iu uxpected-to have no-oconomic i mpa ct-on-a f-f ect ed -1 i cens ees7-t he-NRC , w ih m blic.

Sincerely, Dennis Rathbun, Director Office of Congressional Affairs

Enclosure:

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OFFICIAL RECORD COPY Identical letters sent to: The Honorable Philip R. Sharp, Ranking Minority Member, The Chairman of Subcommittee on Energy and the Environment, and Ranking _ Minority Member

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Nuclear Regulatory Commission 10 CFR Parts 40, 72,'74, 75, 150  !

RIN: 3150-AE35-Licensen Submittal of Data in computer Readable Form l i

AGENCY: Nuclear Regulatory Commission. '

i ACTION: Proposed rule. j

SUMMARY

The Nuclear Regulatory Commission is proposing an amendment to its regulations that would require certain licensees to submit data to the NRC in computer readable form'. The i proposed rule is intended to streamline the collection of nuclear l

material transaction data and increase the accuracy of the i reported information. The proposed rule would result in an i 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 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' assure'd of' consideration.--

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1 ADDRESSES: Comments or suggestions regarding the-proposed amendments.should be sent 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 +

2129 L Street NW (Lower Lev.el), Washington, DC-20555.

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FOR FURTHER INFORMATION CONTACT: Richard H. Gramann,?.S. f Nuclear Regulatory Commission, Washington, DC 20555, Telephone (30?.) 504-2456. l SUPPLEMENTARY INFORMATION:

The NRC has a major interest in the potential use for j computer readable submittal. This innovation not only can result i in monetary savings but also can increase efficiency 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 their reports in machine readable form. Specific submittal procedures, as )

detailed in the " Personal 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 rogulations to require licensees satisfying reporting requirements using DOE /NRC Form 741, " Nuclear Material Transaction Report," DOE /NRC Forn 741A, -

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" Nuclear-Material Transaction-Report (Continuation Page),"

DOE /NRC Form 740M, " Concise Note," DOE /NRC Form 742, " Material-Balance Report," and DOE /NRC Form 742C, " Physical Inventory Listing," to submit the reports-in computer readable form. l This proposed regulatory change makes mandatory the reporting in computer readable- form in the format l 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.

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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 source material of foreign origin or who imports or exports 1 kilogram or more of uranium or thorium source material 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 taxe advantage of current computer technology to make more efficient and less costly the data collection process. The Commission believes there will be minimal costs associated with implementation of those proposed amendments but nonetheless encourages licensees to comment on the cost impact of complying with the rule, if such impact is considered signficant.

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

For those licensees who have not yet automated their reporting, a diskette with the appropriate formats and user prompts may be obtained from the NRC to facilitate this process. Licensees may obtain a copy of the NMMSS report or the diskette by writing the U.S. Nuclear Regulatory Commission, Division of Safeguards and Transportation, Washington, DC 20555.

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 MS/ 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.

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

i Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 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 eliminate the need 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 average .25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> per response. 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 /> per response, including the time for reviewing instructions, searching existing data sources, gathering and. maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the estimated burden 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, DC 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-3019, (3150-0003, -0004, -00057, and -0058), Office of Management and Budget, Washington, DC 20503.

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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 Imle would make ' all licensees submit computer readable reports 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 forms.'

The rule would facilitate 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 rule would affect all licensees required to report special nuclear material l

! transactions using DOE /NRC Forms-741, 741A, 742, 742C, and-740M.

l The companies that own nuclear power _ plants or nuclear fuel

. fabrication plants have already automated their material accounting program and can_ easily-gonerate 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 requiremeats. These companies-may fall within the scope of "small entities" set forth in the l.

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i set out in regulations issued by the Small Business-Administration at 13-CFR Part 121. q Backfit Analysis The NRC has determined that a backfit analysis is not required for this proposed change because these amendments do'not. j involve any provisions that would impose backfits.as-defined l in 10 CFR 50.109(a)(1). ,

i List of-Subjects in 10-CFR Part 40- f, i

criminal penalties, Government contracts,- Hazardous  :

materials - transportation, Nuclear materiale, Reporting'and recordkeeping requirements, source: material,, Uranium. ,

List of-Subjects in 10 CFR Part 72 ,

- Manpower training programs, Nuclear materials,EOccupational safety and health,. Reporting and recordkeeping requirements,.

Security measures, 3 pent fuel.

5 List of Subjects in 10 CFR Part 74-l 4

. 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.

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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.

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 preamble and under the ,

authority of the Atomic Energy Act of 1954, as' amended, the Energy Reorganization Act of 1974, as 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 UI.S.C. 2021);

secs. 20), 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).

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8 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).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 9.S.C. 2273); $$40.3, 40.25(d)(1)-(3), 40.35(a)-(d) and (f),

40.,2(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.

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)).

2. In $40.64, paragraph (a) is revised to read as follows:

$40.64 Reports.

(a) Except as specified in paragraphs (d) and (e) of this section, each specific licensee who transfers, receives, or adjusts the inventory in any manner by 1 kilogram or more of uranium or thorium source material of foreign origin or who imperts or exports 1 kilogram of uranium or thorium source material of any origin shall complete a Nuclear Material Transaction Report in computer readable form in accordance with instructions (NUREG/BR-0006 and NMMSS 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

9 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 specified in the instructions. These prescribed computer readable forms replace the DOE /NRC Form 741 which has been -

submitted in paper form.

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

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, 88 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.

4 10 i 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),

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 also issued undur 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),

72.76, 72.78, 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)); $572.10(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, 72.322, 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 5572.10(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,

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72.212(b), 72.216, 72.218, 72.230, 72.234(e) and (g) are issued )

under sec.161o, 68 Stat. 950, .aus amended (42 U.S.C. = 2201(o)) .

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

E72.76 Material _ status reports. ,

1 (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/BR-0007 and NMMSS~ Report D-24 " Personal ,

Computer Data Input for NPC Licensees"). Copies of these instructions.nay be obtained from the U.S. Nuclaar Regulatory-f Commiselon,. 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 l March 31 and September 30 of each year and filed within 30 days *

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after-the end of the period covered by the report. The 'f Commission may, when good cause is'shown,-permit a' licensee:to-~ 4 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 whi~ch haJ been submitted in paper-form.

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5. Section 72.78 is revised to read as followns

$72.78 Nuclear material transfer reports.

(a) Eycopt as provided in paragraph (b) of this section, whenever the licensee transfers or receives spent fuel, the r licensee shall complete in computer readable form a Nuclear Material Transaction Report in accordance with instructions (NUREG/BR-0006 and HMMSS 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. Each ISFSI licensee wno receives spent fuel from a foreign source shall complete both the supplier's and receiver's portion of the Nuclear Material 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 Forn 741 which has been submitted in paper form.

(b) Any licensee who is required to submit Nuclear Material Transactions Reports pursuant to $75.34 of this chapter (per-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.

PLRT 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL'

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

1 13 AUTl10h1TY: Secs. 53, 57, 161, 182, 183, 68 Stat. 930, 932, i 949,953, 964, at 3 mended, sec. 234, 83 Stat. 444, as amended (42 I U.S.C.2073, 2077, 2201, 2232, 2233, 2282); secs. 201, as amended- '!

702 206,98 $ tat. 1242, as amanded, 1244, 1246 (42 U.S.C. 5841, j 5842, 5846).

Fo?: the p:rposes of sec. 223, 68 Ctat. 958, as amended (42 U.S.C. 2273); 6974.17, 74.31, 74.33, 74.53 74.53, 74.55, 74.57, d 74.59, 74.81, and 74 82 are issued under secs. 161b and 1611, 68 [

Stat. 943, 949, as amended (42 U.S.C. 2201(b) and 2201(1)); and  ;

4574.11, 74.13, 74.15, and 74.17 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

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7. In 574.13, paragraph (a)(1) is revised to read as  ;

follows:

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$74.13 Material status reports. ,

(a)(1) Each licensee authorized to possess at any one time and location special nuclear material in a quantity totaling more then 350 grams of contained uranium-235, uranium-233, or _

plutonium, or any combination therect, shall complete and submit in computer readable form material balance reports concerning I

special nuclear material received, produced,. possessed, transferred, consumed, disposed of, or lost by it. These -

prescribed computer readable reports' replace the DOE /NHC Form 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 ofithe ending inventory. The inventory composition ,

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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 '

_.__u_ -

4 14 prepare and submit the reports described in this paragraph in accordance with instructions (NUREG/BR-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, ifashington, DC 20555. Each licensen 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 licensee to submit the reports at othtsr times when good cause is shown.

8. Section 74.15 is revised to read as follows:

$74.15 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 nuclear material of I gram or more of contained uranium-235, uranium-233, or plutonium. copies of those instructions (NdREG/BR-0006 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 readable form replaces the DOE /NRC Form 741 which has been submitted in paper form.

4 15 (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; ,

t (2) Perform independent tests to assure the accurate [

identification and measurement of the material received, including its weight and enrichment; and j (3) Indicate the results of these tests on tho' l

receiver's portion of the form.

(c) Any licensee who is required to submit inventory change.

reports-pursuant to 975.34 of this chapter (pertaining:to implementation of the US/IAEA Safeguards Agreement) shall prepare and submit these reports only as provided in that section i

'i (instead of as-provided in paragraphs (a) and (b)-of this section). i 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, 4

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2134,2152, 2201); sec. 201, 08 Stat. 1242, as amended (42 U.S.C.

5841). Section 75.4 also issued under secs. 135, 141, Pub. L.97-425,96 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.

161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

10. Section 75.31 is revised to read as follows:

$75.31 General requirements.

Each licensee who has been given notice by the Commission in writing that itc 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, pursuant to 675.41, 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 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 address specified in the request, within twer.ty (20) days or other time as may be specified by the Commission.

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11. In $75.32, paragraph (b) is revised to read as follows:

575.32 Initial inventory report.

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(b) The initial inventory report, to be submitted to the Commission in computer readable form, in accordance with instructions (NUREG/BR-0007 and NKMSS 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 initial inventory reporting date. The information is the initial inventnry report may be based upon the licensee's book record.

12. In $75.33, 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 (i) Computer readable Nuclear Material Transaction Reports (Inventory Change Reports) and (ii) Computer readable Material Dalance 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:

a 18 (i) The DOE /NRC Form 741; had (11) The DOE /NRC Form 742.

13. Section 75.34 is revised to read ac follows:

575.34 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 NKHSS 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 accorpanied by computer readable Concise Notes, completed in-accordance with instructions (NUREG/BR-0006 and NMMSS Peport D-24 " Persona 1' Computer Data Input for NRC Licensees"). Copies of these instructions may be

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19 j i

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:

(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 975.35, 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 thic section must be prepared and' submitted in accordar.ce with instructions j (NUREG/BR-0007, NUREG/BR-0006 and NMMSS Report D-24 " Personal l Computer Data Input for NRC Licensees"). Copies of these i instructions may be obtained .from the U.S. Nuclear Regulatory L Commission, Division of Safeguards and Transportation, l

< t 20 j Washington, DC 20555. These prescribed computer readable forms replace the DOE /NRC Form 742, 742C, and 740M which have been submitted in paper form.

PART 150 - EXEMPTIONS AND CONTINUED REGULATORY ,

AUTHontTY IN AGR."EMENT 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 U.S.C. 2273); $$150.20(b) (2)-(5) and1150.21 are issued under sec.161b, 68 Stat. 948, as. amended (42 U.S.C. 2201(b)); 5150.14 snd 150.20 (b) (5) are issued under sec. 1611, 68 Stat. 949, as

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21 amended (42 U.S. C. 2201(1)); and $5150.16-150.19 and 150.20(b)(1) are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

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

$150.16 Submission to concission of nuclear material transfer reports.

(a) Each person who transfers and each person who receives special nuclear material pursuant to an Agreement StGte 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 nf 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 raadable 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 Form 741 which hav. been submitted in paper form.

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17. In $150.17, paragraph-(a) is revised.to read'as 1 follows:

5150.17 Submission to Commission of source material reports..-

)

(a) Except as specified in paragraph (d)'of'this section-and $150.17a, each person who, pursuant to an Agreement State' specific .icense, 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 l uranium or thorium source material of any origin shall complete and submit in' computer readable form Nuclear Material-Transaction ,

Reports in accordance with instructions (MUREG/BR-0006 and NMMSS Report D-24 " Personal Computer Data Input for NRC Licensees")..

Copies of the instructions may be obtained from thelU.S. Nuclear.

Regulatory Commission, 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 y received. -

+(

Dated at Rockville, MD this- day of E D , - 1993.

FO THE NUCLEAR-REGULATORY COMMISSION.

( _

samuel J. Chilk,

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4 Secretary of the ommission.

,