Text

Request for OMB Review & Supporting Statement Re 10CFR20,31, 35,36 & 39, Minor Corrections,Clarifying Changes & Minor Policy Change. Estimated Respondent Burden Is 209,605 H
	ML20134C443
Person / Time
Issue date:	09/25/1996
From:	Cranford G; NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:	;
References
	OMB-3150-0014, OMB-3150-14, NUDOCS 9609270179
	Download: ML20134C443 (61)
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PAPERWORK REDUCTION ACT SUBMISSION

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Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of information and Regulatory Affairs, i Office of Management and Budget, Docket Library, Room 10102,72517th Street NW, Washington, DC 20503 1

1. Agency / Subagency originating request 2. OMB control number U.S. Nuclear Regulatory Commission a. 3150- 0014 b. None

3. Type of information collection (check onel J Type of review requested (check onel j

a. New collection X a. Regular submission c. Delegated X b. Revision of a currently approved collection b. Emergency - Approval requested by (date): 1

c. Extension of a currently approved collection 5. Will this information collection have a a.Yes significant economic impact on a

d. Reinstatement, without change, of a previously approved collection for which approval has expired substantial number of small entrties? X b.No !

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e. Reinstatement, with change, of a previously approved I collection for which approval has expired a. Three years from approval date j

_ Requested __

f. Existing collection in use without an OMB control number 6" expiration date X b. Other (Specify): 05/31/99

7. Title 10 CFR 20, Standards for Protection Against Radiation B. Agency form number (s) (if applicab/e/

NA

9. Keywords I Byproduct Material, Occupational Safety and Health, Radiation Protection 1

TO. Abstract NRC is amending its regulations to eliminate the requirement for material licensees to provide written j notification to NRC regional offices upon receiving a package in which radiation levels exceed regulatory limits. Proposed Rule,10 CFR Parts 20, 32, 35, 36, and 39, Minor Corrections, Clarifying Changes, and a Minor Policy Change.

2 Atfected pubic Sout primay wkh *PLad an others ther appy with *x*) 12. obingation to respond (Mak swimary with *P* ed an others that apply with X*)

a. Individuals or households d. Farms a. Voluntary P b. Business or other for-profit X e. Federal Government b. Required to obtain or retain benefits X c. Not for-profit institutions X f. State, Local, or Tnbal Governrnent X c. Mandatory

13. Annual reporting and recordkeeping hour burden 14. Annual repomng and recordkeeping cost burden (in thousaws of dollas/

a. Number of respondents 773 a. Total' annualized capital /startup costs

b. Total annual responses 473 b. Total annual costs lo&M)

1. Percentage of these responses c. Total annualized cost requested o collected electroncally 9 % d. Current OMB inventory

c. Total annual hours requested 209,605 e. Difference o

d. Current oMB inventory 209,605 f. Explanation of difference

e. oifference 0 1. Program change

f. Explanation of difference 2. Adjustment

1. Program change

2. Adjustment

15. Purpose of information collection 16. Frequency of recordkeeping or reportin (Check att that app 4) ;

(Mart primary with *P' and aM others that appN with *X*) X a. Recordkeepsng b. Third-party disclosure

a. Application for benefits o. Program planning or management X c. Reporting

b. Program evaluation f. Research X 1. on occasion 2. Weekly 3. Monthly

c. General purpose statistes p g. Regulatory or compliance 4. ouarterly 5. Semoannually X 6. Annually l

d. Audst 7. Biennially 8. other (desenbe) l

17. statsstmal methods ,g' Agency contact (person who can best answer questions regarding thew j content of this submission) ), i poes this information coiiection empioy statistcai metnods? q Name: Jayne M. McCausland yes X No h.

Phone: (301) 415-6219 j 9609270179 960925 PDR ORG EUSOMB '*'**

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19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency,I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the instructions. The certification is to be made with reference to those regulatoryprovisions as setforth in the instructions.

The followingis a summary of the topics, regarding the proposed collection of information, that the cenification covers:

(a) It is necessary for the proper performance of agency functions; (b) It avoids unnecessary duplication; (c) It reduces burden on small entities; (d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; (e) Its implementation willbe consistent and compatible with current reporting and recordkeeping practices; (f) It indicates the retention periods for recordkeeping requirements; (g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

(i) Why the information is being collected; (ii) Use ofinformation; (iii) Burden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and (vi) Need to display currently valid OMB control number; (h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected (see note in item 19 of the instmctions). t (i) It uses effective and efficient statistical survey methodology; and (j) It makes appropriate use ofinfonnation technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

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OMB 83-1 [/ 1o/95

b Supporting Statement for 10 CFR Parts 20, 32, 35, 36, and 39

" Minor Corrections, Clarifying Changes, and a Minor Policy Change" (3150-0014)

A. JUSTIFICATION

1. Need for and Practical Utility of the Collection of Information Currently under the prompt notification requirements in i 20.1906(d),

licensees are required to notify (1) the final delivery carrier and (2) the appropriate NRC regional office by telephone and telegram or I facsimile or mailgram upon receiving and opening packages when radiation l levels exceed regulatory limits. In i 20.2201(a)(2), licensees are '

required to provide initial reports of theft or loss of licensed material to the NRC Operations Center by telephone. In i 20.2202(d)(2), i all licensees other than power reactor licensees, who are required to i submit incident reports to the NRC Operations Center only, must submit incident reports to (1) the NRC Operations Center by telephone and (2) the appropriate regional office by telegram, mailgram, or facsimile. )

l The NRC does not believe that there is a need to retain these different points of contact in the initial notification procedures and that the ;

proposed changes are merely conforming in that they make the notification requirements in il 20.1906 and 20.2202 consistent with I i 20.2201. Also, licensee procedures would be somewhat simplified, and their burden slightly reduced, if 10 CFR 20.1906(d) and 20.2202(d)(2) were revised to have the same reporting requirement as in 20.2201(a)(2);

namely, that licensees would provide the initial notification only to the NRC Operations Center and only by telephone.

The information collection requirement changes are as follows:

a) In i 20.1906(d), a revision would require license ~es to notify the NRC Operations Center, instead of an NRC Regional office, up'on receiving and opening packages when radiation levels exceed iregulatory limits.

b) In 5 20.2202(d)(2), all NRC licensees, not just power reactor licensees, would be permitted to submit incident reports only to the NRC Operations Center and only by telephone.

The NRC believes that, since the Duty Officers are dedicated to the Operations Center 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months a day, they would be the logical choice for initial notification. Written followup procedures would not be effected by these changes.

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2. Agency Use of Information The current regulations require multi-tiered reporting procedures under 5 20.1906(d) whereby licensees must immediately notify the final delivery carrier and, by telephone and telegram, mailgram, or facsimile, the Administrator of the appropriate NRC Regional Office for early detection of faulty packages with surface radiation contamination levels exceeding regulatory limits. In i 20.2202(d)(2), the duplicative reporting procedures that currently require power reactor licensees to submit reports to the NRC Operations Center, but require all other licensees to submit both a telephone report to the NRC Operations Center and a telegram, mailgram, or facsimile to the Regional Office, are used to track licensees' control over radioactive material and limit the consequences of any demonstrated breakdown of this control. Under the proposed rule, the written report to the Regions would be eliminated.

3. Reduction of Burden Through Information Technology NRC encourages the use of information technology whenever possible.

However, NRC is proposing to eliminate reporting requirements.

Therefore, the use of technology is not appropriate for this application.

4. Effort to Identify Duplication and Use Similar Information The multi-tiered reporting requirements that are proposed for deletion cause unnecessary duplication of effort and would be corrected by requiring a single point of contact for prompt notification as already specified in 5 20.2201.

5. Effort to Reduce Small Business Burden Relaxation of these information collection requirements represent a reduction in small business burden to the extent that small businesses have a need to report under the prompt notification sections of the NRC regulations. ,

6. Conseauences to Federal Program or Policy Activities if the Collection is not Conducted or is Conducted less Freauently This rule change actually reduces burden by no longer requiring a written report. However, if the verbal collection is conducted less frequently or not at all, NRC may not be aware of potential radiation hazards and may not be able to adequately protect health and safety of the public.

7. Circumstances Which Justify Variation From OMB Guidelines There are no variations from OMB guidelines.

8. Consultations Outside the NRC None. The proposed rule requests public comments. If any comments are received, they will be addressed in the final rule.

9. Payment or Gift to Respondents Payment or gift to respondents is not applicable.

10. Confidentiality of the Information Confidentiality of information is not applicable.

11. Justification for Sensitive Questions Justification for sensitive information is not applicable

12. Estimated Burden and Burden Hour Cost The burden on licensees for implementing these information collection requirements is estimated as follows: Approximately 250 licensees per year contact the NRC Operations Center by telephone and the Regional Office by telephone and/or mailgram, telegram, or facsimile under the prompt notification requirements in 10 CFR 20.1906, 20.2201, and 20.2202. Preparing the written reports is estimated to require 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months per report. The savings would be 250 hours0.00289 days 0.0694 hours 4.133598e-4 weeks 9.5125e-5 months per year. The cost of this reporting requirement to the industry is 100 reports from reactor licensees times 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months / report times $128/ hour, or $12,800, and 150 reports from materials licensees times 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months / report times $120/ hour, or

$18,000.

The total cost to industry for complying with these information collection requirements is estimated to be approximately $30,800/ year.

The NRC is proposing to delete the requirement for licensees report both in writing and by telephone call to the Regional 0ffices and NRC Operations Center, with a resultant estimated savings of $30,800 with no known impact on public or worker health and safety. ,

13. Estimate of Other Additional Costs There are no other additional costs.

14. Estimated Annualized Cost to the Federal Government The NRC staff estimates that there are approximately 250 NRC licensees who make telephone reports and mailgram, telegram, and facsimilie reports to the NRC under under the prompt notification requirements found in 10 CFR 20.1906, 20.2201, and 20.2202 each year. The elimination of the requirement for the regions to receive and process the telephone and written reports, spending approximately 0.5 hours5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months processing the written report, would result in a savings to the NRC of approximately 125 staff hours. The cost to the NRC to fulfill this redundant requirement would be approximately 125 staff hours at

$128/ hour or $16,000/ year.

a In addition, the NRC inspector reviews the records to determine compliance with the prompt notification requir,ements on an average of every two years. A review takes approximately 0.1 hours1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months . If every two years, about 125 reports are reviewed at $128/ hour for 12.5 hours5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months , or

$1,600/ year.

The estimated total annualized cost to the Federal Government is

$17,600. NRC costs are fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

15. Reasons for Changes in Burden or Cost The reason for the change in burden is the elimination of the requirement for different points of contact in the initial notification procedures. The proposed changes are conforming in that they make notification requirements in il 20.1906 and 20.2202 consistent with 5 20.2201 and would somewhat simplify licensee procedures if these sections were to have the same reporting requirement as in 20.2201(a)(2) that requires licensees to provide initial notification only to the NRC Operations Center and only by telephone.

16. Publication for Statistical Use Publication for statistical use is not applicable.

17. Reason for not Displaying the Expiration Date The requirement will be contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication could become obsolete, would be unduly burdensome and too difficult to keep current.

18 Exceptions to the Certification Statement This is not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS This is not applicable.

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[7590-01-P]

NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements; Office of Management and Budget (OMB) Review AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of the OMB review of information collection.

SUMMARY

The Nuclear Regulatory Commission has recently submitted to OMB for review the following proposal for a reduction of information collection requirements under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

1. Type of submission: Revision.

2. The title of the information collection: Proposed amendments to 10 CFR l Parts 20, 32, 35, 36, and 39, " Minor Corrections, Clarifying Changes, and i

a Minor Policy Change." i

3. The form number if applicable: Not Applicable.

4. How often the collection is required: On occasion.

5. Who will be required or asked to report: NRC licensees.

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l. 6. An estimate of the number of responses: 250 l

7. The estimated number of annual respondents: Approximately 100 NRC reactor licensees and 150 NRC materials licensees would be effected by this l proposed reduction of information collection requirements.

8. An estimate of the total number of hours needed annually to complete the requirement or request: Reduction of 250 i

9. Section 3507(d), Pub.L.104-13, applies to this action.

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10. Abstract: The Commission is proposing to reduce the existing information ,

collection requirements by revising the following sections of 10'CFR Part .

20: 3 10 CFR 20.1906(d)-Licensees would be required to notify only the NRC Operations Center when radiation levels exceed regulatory limits l upon receiving and opening packages, rather than the 3-tiered !

reporting of such incidents that is currently required.

10 CFR 20.2202(d)(2)-All NRC licensees, not just power . reactor l licensees, would be permitted to submit incident reports only to the NRC Operations Center and only by telephone.

Currently, this section requires that power reactor licensees submit reports to the NRC Operations Center, but all other licensees are required to submit both a telephone report to the NRC Operations Center and a telegram, mailgram, or facsimile to the Regional Office.

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Submit, by (insert date 30 days after publication in the Federal Register),

comments that address the following questions:

l 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical l utility?

2. Is the burden estimate accurate?

3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

4. How can the burden of the collection of information be minimized, including the use of automated collection techniques or other forms of information technology?

A copy of the submittal may be viewed free of charge at the NRC Public Document Room, 2120 L Street NW. (lower level), Washington, DC. The proposed rule is or i has been published in the Federal Register within several days of the publication ,

date of this Federal Register Notice. Instructions for accessing the electronic OMB clearance package for the rulemaking have been appended to the electronic rulemaking. Members of the public may access the electronic OMB clearance '

package by following the directions for electronic access provided- in the ;

preamble to the titled rulemaking.

Comments and questions should be directed to the OMB reviewer by (insert 30 days j after publication in the Federal Register):

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! Edward Michlovich ,

Office of Information and Regulatory Affairs (3150-0014)

NE08-10202 l

Office of Management and Budget l Washington, DC 20503.

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

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l The NRC Clearance Officer is Brenda Jo. Shelton, (301) 415-7233.

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l Dated at Rockville, Maryland, this N- day ofw @ d % , 1996.

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l For the Nuclear Regulatory Commission,

! Gerald F. Cranford, Designated Senior l Official for Information Resources :

l Management.

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[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 20, 32, 35, 36, 39 RIN 3150-AF46 Minor Corrections, Clarifying Changes, and a Minor Policy Change AGENCY: Nuclear Regulatory Commission.

I ACTION: Proposed rule.

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SUMMARY

The Nuclear Regulatory Commission is proposing to amend its I regulations to make minor corrections and clarifying changes to the NRC's 10 CFR Part 20, " Standards for Protection Against Radiation." The proposed :

amendments would also conform other 10 CFR Parts with the Commission's revised !

radiation protection requirements. In addition, a minor policy change is proposed that would revise the monitoring criterion for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women from O.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies. The dose limit for the embryo / fetus is unchanged. This proposed rule is necessary to inform the public of these minor changes to the NRC's regulations and invite comments.

EFFECTIVE DATE: Comment period expires (75 days following publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Attention: Docketing and Service Branch.

Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:45 am and 4:15 pm Federal workdays.

Copies of the supporting statement submitted to OMB and comments received may be examined at the NRC Public Document Room at 2120 L Street NW.

(Lower Level), Washington, DC.

For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6219, e-mail JMM2 0 nrc. gov.

SUPPLEMENTARY INFORMATION:

On May 21,1991 (56 FR 23360), a final rule was published in the Federal Register that amended 10 CFR Part 20 to update the NRC's " Standards for, Protection Against Radiation." Subsequent amendments were published to (1) change the mandatory implementation date to January 1, 1994, and make conforming changes to the text to reflect the new implementation date (57 FR 38588; August 26, 1992), (2) remove or modify provisions to reflect the new implementation date for NRC's revised " Standards for Protection Against ;

Radiation" (58 FR 67657; December 22, 1993), and (3) restore provisions inadvertently removed or modified (59 FR 41641; August 15, 1994; and 60 FR I

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20183; April 25, 1995). This proposed rule would make additional minor corrections and clarifying changes to the NRC regulation for greater clarity and to further facilitate implementation. The proposed rule would also make !

conforming amendments to 10 CFR Parts 32, 35, 36, and 39. In addition, a minor policy change is proposed that would revise the monitoring criterion for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies.

This proposed rule would make the following changes:

(1) In i 20.1003, " Definitions," clarifying changes and minor corrections would be made to the following:

(a) The term " Airborne radioactivity area" would be replaced with

" Airborne radioactive material area" to clarify that radioactivity is a property of matter and, as such, cannot be airborne. A conforming change would also be made in i 20.1902(d) to permit licensees the option of either using the current signs or posting new signs to reflect this change.

(b) The definition of " Declared pregnant woman" would be revised to specify that the written declaration of pregnancy would be given to the licensee. This is necessary to ensure that the licensee responsible for work assignments involving exposure is aware of the declaration of pregnancy so that appropriate dose restriction can be imposed. The change would also specify the duration of the effectiveness of a woman's declaration.

(c) The term " Eye dose equivalent" (EDE) would be replaced with " Lens dose equivalent" (LDE) to avoid confusion between the initialisms for dose to the lens of the eye and effective dose equivalent (EDE).

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(d) The definitions of "High radiation area" and "Very high radiation area" would be revised to make it clear that these area designations are based solely on radiation levels from sources external to an individual who may receive the dose.

(e) The definition of " Individual monitoring devices" would be revised l

to correct the terminology for thermoluminescence dosimeters.

(2) In i 20.1101(b), the word " practicable" would be changed to

" practical" to remove the basis for an incorrect perception among some-licensees that, by using the word " practicable" in this section, the NRC is l

requiring licensees to use any dose averting technique that is capable of ;

being used even if the technique is unproven or impractical.

(3) In 15 20.1201(a)(2)(i) and (c); 20.1203; 20.2101; 20.2106(a)(1);

and 20.2202(a)(1)(ii) and (b)(1)(ii), " eye dose equivalent" would be replaced !

by " lens dose equivalent" to conform to the proposed amendment in i 20.1003.

(4) In i 20.1206, Planned special exposures, paragraph (a) would be revised to clarify the meaning of " higher exposure." The proposed new wording would state that planned special exposures are authorized only in exceptional situations when alternatives that might avoid the dose are unavailable or impractical. .

(5) In i 20.1208(a), (c), (c)(2), and (d), the phrase " dose to an embryo / fetus" would be cha.nged to read " dose equivalent to the embryo / fetus" to make it clear that the dose limit specifically applies to the dose <

equivalent, which is the technically correct term to denote effect of dose to an organ.

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(6) In i 20.1501(a)(2)(i), the phrase "The extent of radiation a

levels;..." would be revised to read "The magnitude and extent of radiation i levels;...." to more clearly reflect the intended meaning.

(7) In i 20.1501(a)(2)(iii), the phrase "The potential radiological hazards that could be present" would be revised to read "The potential radiological hazards" to remove the redundancy.

(8) In i 20.1502, the words "from radiation sources under the control 1 ,

of the licensee" would be added after " exposure to radiation" in paragraph (a) l to improve clarity and to make it clear that a licensee is not responsible for sources not under its control. l (9) In i 20.1502(a)(2) and (b)(2), monitoring requirements are stated 4

as one-tenth of applicable limits for a year for minors and pregnant women, ,

4 even '.acqh the dose 1- :t2 referenced in paragraph (a)(2) apply for an entire l l

year to minors whilc t ,e dose limit referenced in paragraph (b)(2) applies e

only to the 9-montn gestation period of a declared pregnant woman. These i paragraphs would be separated and revised accordingly to make this section consisten with 5 20.1208 and technically corre-t. In addition, the criterion l for monitoring minors and declared pregnant women would be changed for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies.

This change would constitute a small licensee burden reduction with no loss in worker health and safety. The conservative approach currently in use has resulted in the following problems:

(a) The value is not consistent with the 0.1 rem (1 mSv) dose limit for members of the public in 520.1301(a). It is not appropriate to require l

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monitoring of workers who are expected to receive less dose than is permitted for members of the public; and (b) The value is not consistent with the 100-mrem (1 mSv) training criterion in the recently revised 519.12 (60 FR 36038; July 13,1995).

Raising this limit would not, in any way, raise the dose limit for declared pregnant women and minors. Licensees would still be required to ensure that the dose limit of 0.5 rem (5 mSv) for minors is not exceeded in a year and that the dose limit of 0.5 rem (5 mSv) for declared pregnant women is not exceeded during the period of their pregnancy.

(10) In 5 20.1902(d), a proposed change to the posting requirement would permit the use of the words " Airborne Radioactive Material Area" in place of the curr 2ntly required " Airborne Radioactivity Area." The proposed change would also permit the continued use of existing stocks of signs with the currently required " Airborne Radioactivity Area." This would conform to the proposed amendment in 5 20.1003.

(11) In 5 20.1903, a new paragraph would be added to exempt teletherapy rooms in a hospital from posting requirements as long as access is controlled to prevent the exposure of workers, other patients, and members of the public to radiation. The purpose of this change is to bring the regulation into conformity with existing licensing practices which avoid the unwarranted and potentially unsettling effect that " GRAVE DANGER, VERY HIGH RADIATION AREA" signs may have on pat hnts.

l (12) In 5 20.1906(d), a revision would require licensees to notify the NRC Operations Center, instead of an NRC Regional Office, upon receiving and

, opening packages when radiation levels exceed regulatory limits. This would provide for consistency within the prompt notification requirements contained 3

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in i 20.2201. A conforming change also would be made to the prompt notification requirements in i 20.2202.

(13) In i 20.2101, a revision would permit licensees to include both l l

the new SI units and the old (special) units of dose on records required by this part. Each of the recorded dose quantities would be recorded in the I appropriate special unit and, if so desired, followed by the appropriate SI unit in parentheses. The term " eye dose equivalent" would be replaced by l

" lens dose equivalent" to conform to the proposed amendment in i 20.1003.

(14) In i 20.2106(a)(2) and (a)(3), the references to " body burden" l would be removed because this term is obsolete and is not defined in revised 10 CFR Part 20. Section 20.2106(a)(4) would be revised by adding a reference to 1 20.1204(a), which requires licensees to take measurements of (1) concentrations of radioactive materials in air in work areas, or i (2) quantities of radionuclides in the body, or (3) quantities of radionuclides excreted from the body, or (4) combinations of these measurements in order to determine internal dose when required by 5 20.1502 to monitor internal dose. This, in effect, uses recorded concentrations of radioactive material in air, quantities of radioactive material determined to be in the body, or exc.reta, or any combination of these that would be needed, instead of " body burden," for assessing the committed effective dose equivalent (CEDE). The NRC believes that this information is clearly necessary to support the recorded results of the licensee's calculation of CEDE. Adding this reference would not impose any additional recordkeeping burden on licensees because they are required to obtain this information in order to calculate CEDE under i 20.1204.

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1 (15) A revision to 5 20.2202(d) would result in the application of the

. same incident reporting requirements to all licensees. Currently, this section requires that power reactor licensees submit reports to the NRC Operations Center, but all other licensees must submit both a telephone report to the NRC Operations Center and a telegram, mailgram, or facsimile to the j Regional Office. This change would require all licensees to report incidents l f by telephone to the NRC Operations Center ensuring consistency in the prompt 1

notification requirements contained elsewhere in this part and would result in j a reduction in the information collection burden.

i (16) In 5 32.54(a), the reference to "5 20.203(a)" would be corrected to read "5 20.1901."

(17) In 5 35.20, "ALARA program," paragraph (c) would be removed as redundant because the requirements that are to be addressed in the ALARA program are contained in 10 CFR Part 20, and the training requirements are '

addressed in 10 CFR 19.12. Part 35 references both Parts 19 and 20 as containing requirements for medical licensees.

(18) Safety precautions and survey requirements for restricted and f i

unrestricted areas are specified in 55 35.315, 35.415, 35.641, and 35.643.

Sections 35.315(a)(4) and 35.415(a)(4) would be revised to remove the words

" restricted" and " unrestricted" where they modify the word " area." Sections '

35.641(a)(2)(i) and (a)(2)(ii) and 35.643(a) would be revised to be consistent ,

with definitions of dose to occupationally exposed individuals and dose to members of the public. Also, in 5 35.643(a)(1), a misreference to 5 20.1301(c) would be corrected to read 5 20.1301. The 0.5 rem (5 mSv) limit permitted by application and NRC approval under 5 20.1301(c) was never 8 .

I intended to be required under this section in Part 35. Rather, it was always 1

the intent of the NRC to apply the 0.1 rem (1 mSv) limit in 5 20.1301(a) to this section, with the provision for licensees to request the 0.5 rem limit specified in i 20.1301(c).

(19) In 5 36.23(g), posting requirements for a panoramic irradiator would be revised to conform with posting requirements for high or very high radiation areas in 5 20.1902. The posting requirements in Part 36 currently require a posting appropriate to a high radiation area only.

(20) In 5 39.33, " Radiation detection instruments," a conforming change to paragraph (a) would be made by replacing the term "milliroentgens" with the term " millirems" to be consistent with revised Part 20 terminology. Because the NRC recognizes that most licensees may still use radiation detection instruments that measure radiation in units of roentgens, measurements taken in roentgens could continue to be recorded in terms of the roentgen, provided that the measurements can be readily converted to rem for records required under 10 CFR Part 20.2101(a).

Electronic Access i

Comments on the proposed rule may also be submitted electronically in either ASCII text or Wordperfect format (version 5.1 or later) by calling the NRC Electronic Bulletin Board on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet.

I If using a personal computer and modem, the NRC rulemaking subsystem on

)

FedWorld can be accessed directly by dialing the toll free number: 1-800-303-9

9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Use ANSI or VT-100 terminal emulation. The NRC rulemaking systems can then be accessed by selecting the

" Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld, consult the " Help /Information Center" from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and databases also have a

" Help /Information Center" option that is tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS: 703-321-3339; Telnet via Internet:

fedworld. gov (192.239.92.3); File Transfer Protocol (FTP) via Internet:

ftp.fedworld. gov (192.239.92.205); and World Wide Web using the "Home Page":

www.fedworld. gov (this is the Uniform Resource Locator (URL)). If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments).

If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without !

descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is available. There is a 15-minute time limit for FTP access.

l Although FedWorld also can be accessed through the World Wide Web, like '

FTP that mode only provides access for downloading files and does not display the NRC Rules Menu.

If using a method other than the NRC's toll free number to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by 10

f. selecting "F - Regulatory, Government Administration and State Systems" or by entering the command "/go nrc" at a FedWorld command line. At the next menu, select "A - Regulatory Information Mall," and then select "A - U.S. Nuclear a

Regulatory Commission" at the next menu. If you access NRC from FedWorld's

" Regulatory, Government Administration" menu, you may return to FedWorld by i selecting the " Return to FedWorld" option from the "NRC Main Menu." However, if you access NRC at FedWorld by using NRC's toll-free number, you will have i

j full access to all NRC systems, but you will not have access to the main .

FedWorld system. For more information on NRC bulletin boards, call Mr. Arthur '

i Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory <

Commission, Washington, DC 20555-0001, telephone (301) 415-5780; e-mail AXD3@nrc. gov.

i

{ Agreement State Compatibility This rulemaking will be a matter of compatibility between the NRC and the Agreement States, thereby providing consistency of State and Federal

} safety requirements. The NRC has determined that a Division 2 level of i.

) compatibility should be assigned to the changes to il 20.1003, 20.1101,.

1 r

20.1201, 20.1206, 20.1208, 20.1501, 20.1502, 20.1902, 20.1903, 20.1906, 20.2101, 20.2106, 20.2202, 32.54, 35.20, 35.315, 35.415, 35.641, 35.643, ,

36.23, and 39.33 because the requirements in these sections already have been assigned a Division 2 level of compatibility. This rulemaking is primarily of a clarifying nature so the basis for that assignment should not change.

11

Environmental Impact: Categorical Exclusion The NRC has determined that this proposed rule is the type of action described in the categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (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. ;

The rule will reduce existing information collection requirements, and the public burden for this collection of information is expected to be redaced l by approximately 250 hours0.00289 days 0.0694 hours 4.133598e-4 weeks 9.5125e-5 months per year over the entire industry. This reduction )

includes the time required for reviewing instructions, searching existing data l sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Nuclear Regulatory .

Commission is seeking public comment on the potential impact of the collection of information contained in the proposed rule and on the following issues:

1. Is the proposed collection of information necessary for the proper performance of the functions of the NRC, including whether the information will have practical utility?

2. Is the estimate of burden accurate? .

I l

12

l

. i

3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

4. How can the burden of the collection of information be minimized, including the use of automated collection techniques?

Send comments on any aspect of this proposed collection of information, including suggestions for reducing the burden, to the Information and Records Management Branch (T-6F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by Internet electronic mail at BJSl@NRC.G0V; and to the Desk-l 4

Officer, Office of Information and Regulatory Affairs, NE08-10202, (3150- )

j 0014), Office of Management and Budget, Washington, DC 20503.

Comments to OMB on the collection of information or on the above issues should be submitted by (insert date 30 days after publication in the Federal I Register). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. l 1

Public Protection Notification The NRC may not conduct or spon'sor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. l Regulatory Analysis This proposed rule makes minor correcting and clarifying amendments to I the requirements in 10 CFR Part 20 and conforms 10 CFR Parts 32, 35, 36, and 13 J

39 to 10 CFR Part 20. The proposed rulemaking would not impose any additional costs on licensees since the rulemaking would be correcting and clarifying several definitions and current requirements addressing standards for protection against radiation. No impact is anticipated to result from any of the proposed correcting or clarifying amendments. Because the proposed rule would improve clarity and consistency in the NRC's regulations, it would benefit the licensees.

The proposed amendments should result in a minor reduction in burden to licensees by eliminating written reports and allowing licensees to submit incident reports by telephone. This proposed change is consistent with the Paperwork Reduction Act. The proposed requirements also would waive posting requirements in teletherapy rooms in hospitals because of the unsettling effects that the signs have on patients. There would be no decrease in safety

! because the safety precautions in 10 CFR Part 35 are considered adequate to 1

protect individuals from inadvertent exposure to radiation. This proposed change would have a beneficial effect on patients, i

In addition, these proposed amendments would change the monitoring

, requirement for minors and pregnant women from one-tenth of the applicable

, limit or 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) for the following reasons:

i (1) The value is consistent with the 100 mrem (1 mSv) training criterion in the recently revised 10 CFR 19.12 (60 FR 36038; July 13,1995).

Thus, monitoring would not be required at any dose below that requiring the j training of workers.

(2) The value is consistent with the 0.1 rem (1 mSv) dose limit for members of the public in 10 CFR 20.1301(a). It is not necessary or appropriate to require monitoring of workers who are expected to receive less !

1 14 1 7

i dose than is permitted for members of the public. There may be some reduction in burden, but any reduction would be small, and because of the many factors that impact the decision as to whether personal dosimeters will be worn, it is impossible to assess this likely small burden reduction.

This discussion constitutes the regulatory analysis for this proposed rule.

Backfit Analysis The NRC has determined that the backfit rule in 5 50.109 does not apply to this proposed rule and, therefore, that a backfit analysis is not required for this proposed rule because these amendments do not involve any provision that would impose backfits as defined in 5 50.109(a)(1).

List of Subjects 10 CFR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Special nuclear material, Source material, Waste treatment and disposal.

15

r i 10 CFR Part 32 l'

Byproduct material, Criminal penalties, Labeling, Nuclear materials,

! Radiation protection, Reporting and recordkeeping requirements. j

?

l 10 CFR Part 35 !

l Byproduct material, Criminal penalties, Drugs, Health facilities, Health l professions, Medical devices, Nuclear materials, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements. j l

i l 10 CFR Part 36 Byproduct material, Criminal penalties, Nuclear material, Oil and gas l exploration - well logging, Reporting and recordkeeping requirements, t

Scientific equipment, Security measures, Source material, Special nuclear material.

10 CFR Part 39 Byproduct material, Criminal penalties, Nuclear material, Oil and gas )

! exploration - well logging, Reporting and recordkeeping requirements, i !

Scientific equipment, Security measures, Source material, Special nuclear I material.

l PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION

1. The authority citatmo for Part 20 continues to read as follows:

AUTHORITY: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 106 Stat. 2951, i

16

2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 I

(42 U.S.C. 5841, 5842, 5846).

2. In i 20.1003, the definitions of Airborne radioactivity area and Eye dose eauivalent are removed. The definitions of Airborne radioactive material area and Lens dose eauivalent are added in alphabetical order, and the definitions of Declared preanant woman, Hiah radiation area, Individual monitorina devices, and Very hiah radiation area are revised to read as follows:

5 20.1003 Definitions.

Airborne radioactive material area means a room, enclosure, or area in which airborne radioactive materials, composed wholly or partly of licensed material, exist in concentrations --

(1) In excess of the derived air concentrations (DACs) specified in Appendix B to il 20.1001-20.2402; or (2) To such a degree that an individual present in the area without respiratory protective equipment could exceed, during the hours that an individual is present in a week, an intake of 0.6 percent of the annual limit on intake (ALI) or 12 DAC-hours.

17

i Declared preanant woman means a woman who has voluntarily informed the licensee, in writing, of her pregnancy and the estimated date of conception.

The declaration remains in effect until the declared pregnant woman withdraws the declaration in writing or is no longer pregnant.

Hiah radiation area means an area, accessible to individuals, in which radiation levels from radiation sources external to the body could result in an individual receiving a dose equivalent in excess of 0.1 rem (1 mSv) in 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months at 30 centimeters from the radiation source or 30 centimeters from any surface that the radiation penetrates.

Individual monitoring devices (individual monitoring equipment) means devices designed to be worn by a single individual for the assessment of dose equivalent such as film badges, thermoluminescence dosimeters (TLDs), pocket ionization chambers, and personal (" lapel") air sampling devices. l Lens dose eauivalent applies to the external exposure of the lens of the eye and is taken as the dose equivalent at a tissue depth of 0.3 centimeter (300 mg/cm2 ). .

* * *

l l

Very hiah radiation area means an area, accessible to individuals, in l l

which radiation levels from radiation sources external to the body could result in an individual receiving an absorbed dose in excess of 500 rads (5 grays) in I hour at 1 meter from a radiation source or 1 meter from any surface that the radiation penetrates.

l 18

1 1

3. In i 20.1101, paragraph (b) is revised to read as follows:

1 20.1101 Radiation protection programs.

(b) The licensee shall use, to the extent practical, procedures and engineering controls based upon sound radiation protection principles to achieve occupational doses and doses to members of the public that are as low as is reasonably achievable (ALARA).

4. In i 20.1201, paragraphs (a)(2)(i) and (c) are revised to read as

'follows:

i 20.1201 Occupational dose limits for adults (a)

(2)

(1) A lens dose equivalent of 15 rems (0.15 Sv), and (c) The assigned deep-dose equivalent and shallow-dose equivalent must be for the part of the body receiving the highest exposure. The deep-dose equivalent, lens dose equivalent, and shallow-dose equivalent may be assessed from surveys or other radiation measurements for the purpose of demonstrating compliance with the occupational dose limits, if the individual monitoring device was not in the region of highest potential exposure, or the results of individual monitoring are unavailable.

19

5. In 5 20.1203, the introductory text is revised to read as follows:

)

i 5 20.1203 Determination of external dose from airborne radioactive material.

Licensees shall, when determining the dose from airborne radioactive material, include the contribution to the deep-dose equivalent, lens dose equivalent, and shallow-dose equivalent from external exposure to the radioactive cloud (see appendix B to part 20, footnotes 1 and 2).

, 6. In 5 20.1206, paragraph (a) is revised to read as follows:

I 5 20.1206 Planned special exposures.

i (a) The licensee authorizes a planned special exposure only in an exceptional situation when alternatives that might avoid any additional dose estimated to result from the planned special exposure are unavailable or impractical.

7. In 5 20.1208, paragraph (a), the introductory text of paragraph (c), and paragraphs (c)(2) and (d) are revised to read as follows:

5 20.1208 Dose equivalent to an embryo / fetus.

(a) The licensee shall ensure that the dose equivalent to the embryo / fetus during the entire pregnancy as a reselt of the occupational 20

exposure of a declared pregnant woman does not exceed 0.5 rem (5 mSv). (For recordkeeping requirements, see i 20.2106.)

(c) The dose equivalent to the embryo / fetus is the sum of--

(2) The dose equivalent to the embryo / fetus resulting from radionuclides in the embryo / fetus and radionuclides in the declared pregnant woman.

(d) If the dose equivalent to the embryo / fetus is found to have exceeded 0.5 rem (5 mSv), or is within 0.05 rem (0.5 mSv) of this dose, by the time the woman declares the pregnancy to the licensee, the licensee shall be deemed to be in compliance with paragraph (a) of this section if the additional dose equivalent to the embryo / fetus does not exceed 0.05 rem (0.5 mSv) during the remainder of the pregnancy.

8. In i 20.1501, paragraphs (a)(2)(i) and (a)(2)(iii) are revised to read as-follows:

1 20.1501 General. -

(a)

(2) *

(i) The magnitude and extent of radiation levels; and (iii)The potential radiological hazards.

21

1 l

9. In i 20.1502, paragraph (a)(3) is redesignated as (a)(4) and new paragraphs.(a)(3) and (b)(3) are added; and the introductory text of paragraph (a) and paragraphs (a)(2), (b)(1), and (b)(2) are revised to read as follows:

)

i 5 20.1502 Conditions requiring individual monitoring of external and internal occupational dose.

l (a) Each licensee shall monitor occupational exposure to radiation from radiation sources under the control of the licensee and shall supply and require the use of individual monitoring devices by --

I (2) Minors likely to receive, in 1 year, from radiation sources !

I external to the body, a dose equivalent in excess of 0.1 rem (1 mSv); I (3) Declared pregnant women likely to receive, during the entire pregnancy from radiation sources external to the body, a dose equivalent in excess of 0.1 rem (1 mSv); and (4) Individuals entering a high or very high radiation area.

(b) .

(1) Adults likely to receive, in 1 year, an intake in excess of 10 percent of the applicable ALI(s) in table 1, Columns 1 and 2, of Appendix B to il 20.1001-20.2402; and (2) Minors likely to receive, in 1 year, a committed effective dose equivalent in excess of 0.1 rem (1 mSv); and (3) Declared pregnant women likely to receive, during the entire

. pregnancy, a committed effective dose equivalent in excess of 0.1 rem (1 mSv).

22 ,

i

10. In i 20.1902, paragraph (d) is revised to read as follows:

5 20.1902 Posting requirements.

(d) Postino of airborne radioactive material areas. The licensee shall

post each airborne radioactive material area with a conspicuous sign or signs bearing the radiation symbol and the words " CAUTION, AIRBORNE RADI0 ACTIVITY

AREA"; " DANGER, AIRBORNE RADI0 ACTIVITY AREA"; " CAUTION, AIRBORNE'RADI0 ACTIVE MATERIAL AREA"; or " DANGER, AIRBORNE RADI0 ACTIVE MATERIAL AREA."

i i

11. In i 20.1903, a new paragraph (d) is added to read as follows:

i 20.1903 Exceptions to posting requirements.

(d) Rooms in hospitals or clinics that are used for teletherapy are exempt from the requirement to post caution signs under i 20.1902 if --

(1) Access to the room is controlled pursuant to i 35.615; and (2) Personnel in attendance take necessary precautions to prevent the inadvertent exposure of workers, other patients, and members of the public to radiation in excess of the limits established in this part.

12. In i 20.1906, the introductory text of paragraph (d) is revised to read as follows:

23

l 1 20.1906 Procedures for receiving and opening packages.

(d) The licensee shall immediately notify the final delivery carrier and the NRC Operations Center (301-816-5100), by telephone, when--

! 13. In i 20.2101, paragraph (b) is redesignated as paragraph (c),

paragraph (c) is redesignated as paragraph (d) and revised, and a new paragraph (b) is added to read as follows:

1 20.2101 General provisions.

(b) In the records required by this part, the licensee may record quantities in SI units in parentheses following each of the units specified in paragraph (a) of this section. However, all quantities must be recorded as stated in paragraph (a) of this section.

(c) Notwithstanding the requirements of paragraph (a) of this section, I when recording information on shipment manifests, as required in 5 20.2006(b), i information must be recorded in the International System of Units (SI) gr in l SI and units as specified in paragraph (a) of this section. l (d) The licensee shall make a clear distinction among the quantities entered on the records required by this part (e.g., total effective dose j l equivalent, shallow-dose equivalent, lens dose equivalent, deep-dose equivalent, committed effective dose equivalent).

24 l l

1 I

14. In 5 20.2106, paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) are revised to read as follows:

1 20.2106 Records of individual monitoring results.

(a)

(1) The deep-dose equivalent to the whole body, lens dose equivalent, shallow-dose equivalent to the skin, and shallow-dose equivalent to the extremities; and (2) The estimated intake of radionuclides (see 5 20.1202); and (3) The committed effective dose equivalent assigned to the intake of radionuclides; and (4) The specific information used to assess the committed effective dose equivalent pursuant to 5 20.1204(a) and (c), and when required by 5 20.1502; and

15. In 5 20.2202, paragraphs (a)(1)(ii), (b)(1)(ii), and (d)(2) are revised to read as follows:

I 20.2202 Notification of incidents.

(a)

(1)

(ii) A lens dose equivalent of 75 rems (0.75 Sv) or more; or (b)

(1) 25

! 1

\

I I

(ii) A lens dose equivalent exceeding 15 rems (0.15 SV); or l * *

(d)

l l (2) All other licensees shall make the reports required by paragraphs l

(a) and (b) of this section by telephone to the NRC Operations Center (301) l 816-5100. '

l l PART 32 - SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

! l l 16. The authority citation for Part 32 continues to read as follows:

Authority: Secs. 81, 161, 182, 133, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

5 32.54 [ Amended]

17. In 5 32.54, paragraph (a) is amended by revising the reference to "i 20.203(a)" to read "i 20.1901." ,

PART 35 -- MEDICAL USE OF 8YPRODUCT MATERIAL

18. The authority citation for Part 35 continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as I

amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as

! amended (42 U.S.C. 5841).

26 i

.~

l 35.20 [ Amended).

19. In i 35.20, paragraph (c) is removed.

20. In i 35.315, paragraph (a)(4) is revised to read as follows:

5 35.315 Safety precautions.

(a)

(4) Promptly after administration of the dosage, measure the dose rates in contiguous areas with a radiation measurement survey instrument to demonstrate compliance with the requirements of Part 20 of this chapter, and retain for 3 years a record of each survey that includes the time and date of the survey, a plan of the area or list of points surveyed, the measured dose rate at each point surveyed expressed in millirem per hour, the instrument used to make the survey, and the initials of the individual who made the survey.

21. In 5 35.415, paragraph (a)(4) is revised to read as follows; 5 35.415 Safety precautions.

(a)

(4) Promptly after implanting the material, survey the dose rates in contiguous areas with a radiation measurement survey instrument to demonstrate compliance with the requirements of Part 20 of this chapter, and retain for 27

3 years a record of each survey that includes the time and date of the survey, a plan of the area or list of points surveyed, the measured dose rate at several of these points expressed in millirem per hour, the instrument used to make the survey, and the name of the individual who made the survey.

* * *

i 1

22. In 5 35.641, paragraphs (a)(2)(i) and (a)(2)(ii) are revised to )

read as follows:

1 5 35.641 Radiation surveys for teletherapy facilities. i (a) l (2)

(1) Radiation dose rates in restricted areas are not likely to cause any occupationally exposed individual to receive a dose in excess of the limits specified in 5 20.1201 of this chapter; and I (ii) Radiation dose rates in unrestricted areas are not likely to cause l any individual member of the public to receive a dose in excess of the limits specified in 5 20.1301 of this chapter.

23. In 5 35.643, paragraphs (a) and (a)(1) are revised to read as follows:

i I

28 !

l 1

3 5 35.643 Modification of teletherapy unit or room before beginning a treatment program.

(a) If the survey required by 5 35.641 indicates that any individual member of the public is likely to receive a dose in excess of the limits specified in 5 20.1301 of this chapter, the licensee shall, before beginning the treatment program:

(1) Either equip the unit with stops or add additional radiation shielding to ensure compliance with 5 20,1301 of this chapter.

PART 36 -- LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS

24. The authority citation for Part 36 continues to read as follows:

Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, se'c. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat.

1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

1

25. In 5 36.23, paragraph (g) is revised to read as follows: .

5 36.23 Access control.

29 i

(g) Each entrance to the radiation room of a panoramic irradiator and !

each entrance to the area within the personnel access barrier of an underwater irradiator must be posted as required by 5 20.1902. Radiation postings for panoramic irradiators must comply with the posting requirements of 5 20.1902, except that signs may be removed, covered, or otherwise made inoperative when I the sources are fully shielded.

l PART 39 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING l

26. The authority citation for Part 39 continues to read as follows:

i Authority: Secs. 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 188, 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. 2073, 2077, 2092, 2093, 2095, 2099, 2111, i

2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. !

1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

27. In 5 39.33, paragraph (a) is revised to read as follows:

5 39.33 Radiation detection instruments.

(a) The licensee shall keep a calibrated and operable radiation survey instrument capable of detecting beta and gamma radiation at each field station ,

l and temporary jobsite to make the radiation surveys required by this part and I

30

a by Part 20 of this chapter. To satisfy this requirement, the radiation survey instrument must be capable of measuring 0.1 mrem (0.001 mSv) per hour through at least 50 mrem (0.5 mSv) per hour.

Dated at Rockville, Maryland, this day of 1996.

For the Nuclear Regulatory Commission.

James M. Taylor, Executive Director for Operations.

31

by Part 20 of this chapter. To satisfy this requirement, the radiation survey instrument must be capable of measuring 0.1 mrem (0.001 mSv) per hour through at least 50 mrem (0.5 mSv) per hour.

Dated at Rockville, Maryland, this day of 1996.

For the Nuclear Regulatory Commission.

James M. Taylor, Executive Director for Operations.

Distribution: [0:\MCCAUSLA\NEWFRN20.JMM]

JEGlenn/RPHEB rf File Center RECORD NOTE: A DRAFT COPY OF THE PROPOSED AMENDMENTS WAS SENT TO OIG FOR INFORMATION ON: FEBRUARY 12, 1996.

see previous concurrences Office: RPHEB:DRA RPHEB:DRA RPHEB:DRA D:DRA:RES RRDB:ADM Name: McCausland AKRoecklein JGlenn BMorris DMeyer Date: 10/11/95* 10/11/95* 10/12/95* 2/9/96* 02/23/96 (memo w/ comment)

Dist: Yes/No Yes/No Yes/No Yes/No Yes/No Office: D:NMSS D:NRR OGC D:0E Name: CPaperiello WRussell W0lmstead JLieberman '

Date: 03/18/96 03/25/96 / /96 03/01/96 (not (memo w/ comment) (memo w/ comment) commenting)

Dist: Yes/No Yes/No Yes/No Yes/No ,

Office: D:0SP D:AE0D D:IRM D:RES ED0 Name: RBangart EJordan GCranford DMorrison JTaylor Date: 03/05/96 03/07/96 02/27/96 / /96 / /96 j

(memo w/ comment) (memo w/ comment) (memo w/ comment) i Dist: Yes/No Yes/No Yes/No fes/No Yes/No !

0FFICIAL RECORD COPY FILE CODE N0 l I

31

7 .

i l

! )

4 OMB SUPPORTING STATEMENT FOR BILLING

INSTRUCTIONS FOR NRC COST TYPE CONTRACTS

I (3150-0109)

! REVISION TO CLEARANCE EXTENSION 1

Description of the Information Collection 1

t i The NRC Division of Contracts, in administering its contracts to ensure that !

cvtractor costs billed for payment are proper, provides Billing Instructions

! fur its contractors to follow in their preparation of invoices. These

hstructions stipulate the level of detail in which supporting cost data must

be submitted for NRC review of costs billed. Included with the instructions ;

j is a voucher / invoice format sample for the contractor's reference. The '

i contractor may submit a voucher / invoice in alternate formats provided all l requirements of the billing instructions are addressed. _

l l This revision results.in no substantial change in burden. Financial reporting

is cleared under OMB approval number 3150-0169.

! A. JUSTIFICATION l

1. Need for the Collection of Information. The cost information is needed for license fee recovery and to assure that costs incurred

are allowable and allocable and that the amount requested is proper for payment.

{ 2. Aaency Use of Information. Vouchers and supporting documentation ;

are reviewed by the Division of Accounting and Finance, the

! Division of Contracts, and the Project Officer. Taken together, the review ensures that costs are billed per the contract rates and the costs incurred are commensurate with work performed. The

{ instructions provide contractors with a clear idea of the level of ,

j detail required to support their voucher submissions. Receipt of l

properly prepared vouchers expedites the review process and

)

permits prompt payment.

3. Reduction of Burden Throuah Information Technoloav. There are no

] legal obstacles to re@ cing the burden associated with this-

. information collection through the use of information technology r assuming that sensitive information can be protected from improper 1 disclosure. NRC encourages its use. 90% of the responses are 1 j generated electronically. )

i 4 4. Effort to Identify Duplication Use Similar Information. The :

! Billing Instructions for NRC Cost Type Contracts, use of a sample j i voucher / invoice format, and use of a monthly contractual cost

) summary report for fee billings for collection of information are o

unique to NRC. The Information Requirements Control Automated i System (IRCAS) was searched and no duplication was found. Costs )

incurred are unique to the contract and the billing period for 1 which payment is requested. Cost information to be provided by )

the contractor is not otherwise available.

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5. Effort to Reduce Small Business Burden. The collection represents the minimum information required for submission of a proper voucher and supporting-detail required for review to assure that l costs billed are proper for payment. " Project Officer", " Contract 1 Amount", " Labor Hours Negotiated", " Travel End Date", " Traveler",

" Departure Location" and " Purpose" have been deleted from the form i as categories to be reported.

6. Conseauences to Federal Proaram or Policy Activities if the

, Collection Is Not Conducted or is Conducted Less Freauently.

Contractors are required to complete and submit invoices and attachments in an original and three copies once each month unless otherwise authorized by the Contracting Officer. The consequence i of not collecting the data or of less frequent cellection would be

withholding of reimbursement to the contractor of costs incurred as the work progresses counter to the provisions of FAR Clause

52.216-7, which required that payment be made upon request but l (except for small business concerns) not more often than once

! every two weeks.

} 7. Circumstances Which Justify Variation From OMB Guidelines. An l original and three copies of the invoice are required to ensure that payment is made to the contractor promptly upon receipt of a i properly approved invoice or within 30 calendar days of the official agency receipt date, whichever is earlier. This procedure ensures compliance with the requirements of the Prompt i Payment Act, as amended.

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} Due to shortened turnaround time caused by the Prompt Payment Act, l I there is not sufficient time required to xerox the voluminous i number of vouchers / invoices. The agency-designated billing office-1 was changed from the Division of Accounting and Finance (DAF) to 4 the Division of Contracts (DC) for receipt of the original and l three copies of the contractor request for payment i (voucher / invoice) to reduce unnecessary delay in the payment i process. The payment process begins once DC receives a proper

invoice. DC forwards two copies to the project officer for review and approval. The Project Officer retains one copy and signs and

! returns onc copy to DC. DC holds the original voucher / invoice and i one copy. Upon receipt of the project officer's signed copy, the

! original voucher / invoice and one signed copy is forwarded to the DAF for final processing. DC retains one copy as a suspense copy until DAF pays the voucher / invoice.

8. Consultations Outside the NRC. Opportunity for comment will be published in the Federal Reaister.

9. Payment or Gift to Respondents. None I 1

10. Confidentiality of Information. NRC provides no pledge of l confidentiality for this collection of information. To the extent information is business confidential, procedures are in place to protect the information from improper disclosure.

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11. Justification for Sensitive Questions. Normally sensitive i

t information considered private or personal is not required or requested. This information is only required when contracts are processed which involve sensitive material. Proprietary data is j protected under the Freedom of Information Act and 10 CFR Part 9.

! 12. Estimate of Burden and Surden Hour Cost.

The total annual contractor burden for the Billing Instructions and License Fee Recovery Cost Summary for NRC cost type contracts is estimated to be 1,938 hours0.0109 days 0.261 hours 0.00155 weeks 3.56909e-4 months . Billing burden is $171,616 ((70 contracts x 12 invoices x .45/hr. - 378) plus (559 task orders x 4 i

invoices x .45/hr. - 1006) = 1,384 x $124/hr. = $171,616).

License Fee recovery burden is $76,384 ((308 task orders x 4 invoices x .5/hr. = 616) x $124/hr. = $76,384). Total estimated cost to the public is $240,362 ($76,384 + $171,616 = $248,000).

While the license fee recovery section of the billing instructions will be included in all cost reimbursement type contracts, the section on licensing fee costs generally only applies to task order contracts for plant inspections, licensing actions or other site specific activities.

(* Estimates are based on 106 active contracts. Seventy contracts have no task orders or license fee recovery associated with them.

License fee recovery is applicable to 13 contracts, all of which !

are task ordering contracts. Three hundred and eight active task ;

orders are associated with these 13 contracts. License fee recovery is not applicable to twenty-three additional task ordering contracts. Two hundred and fifty-nine active task orders are associated with these 23 contracts.)

13. Estimate of Other Additional Costs. None.

14. Estimated Annualized Cost to the Federal Government.

The cost to the agency for these Billing Instructions and the License Fee Recovery Cost Summary was derived from experience as to the approximate number of hours contract specialists, program and paying officer personnel expend in ensuring that contractors comply with the instructions. Contract, program and paying office personnel expend an average of I hour per response for a cost of

$381,424 ((70 contracts x 12 invoices x $124/hr. = $104,160) plus (559 task orders x 4 invoices x $124/hr. = $277,264) = $381,424).

Program and paying officer personnel expend an average of .5 hour5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months per, response to review the License Fee Recovery Cost Summary for a cost of $76,384 (308 task orders x 4 invoices x .5/hr. x $124/hr.

= $76,384). These costs are fully recovered by fee assessments to NRC licensees pursuant to 10 CFR Part 171.

Total cost to the agency is $457,808 ($381,424.+ $76,384). (See

in paragraph 12 above)'

15. Reasons for Chanaes in Burden or Cost. There is a change in the estimated burden due to a decrease in the number of vouchers

submitted under cost-type task-ordering contracts and the data requested on the vouchers.

16. Publication for Statistical Use. Results will not be tabulated or published.

17. Reason for Not Disclavina the Exoiration Data.

The expiration date is displayed.

18. Exceptions to the Certification Statement.

None.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS This collection of information does not employ statistical methods.

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.B . COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS This collection of information does not employ statistical methods.

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These bitting instructions centeln information collections that are e4 ject to the Paperwork moduction Act of 1995 (44 U.S.C. 3501 et seq.). These information collections were approved by the office of Menseement and sudset, approvat neber 3150-0h9 which empires . The p etic reporting burden for this collection of information is estlested to eversee @ to .95 hours0.0011 days 0.0264 hours 1.570767e-4 weeks 3.61475e-5 months per response, including the time for reviewins instructions, searching existing data sources, gathering and maintaining the date needed, and comteting and reviewing the cottaction of inforestion. Send cessants en any aspect of this collection of information, including sussestions for reducing the burden, to the Paperwork Redaction Project (3150-0109) The NRC may .

not con &act or sponsor, and a pereen is not required to respond to, a collection of information smtess it displays a currently vetid CNB control tamber.

Page 1 of 10 BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS General: The contractor shall prepare vouchers / invoices for reimbursement of costs in the manner and format described herein. FAILURE TO SUBNIT V0UCHERS/INV0 ICES IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION 0F THE V0UCHER/ INVOICE AS INPROPER.

Number of Cocies: An original and three copies, including supporting documentation shall be submitted. A copy of all supporting documents must be attached to each copy of your voucher / invoice. Failure to submit all the required copies will result in rejection of the voucher / invoice as improper.

Desianated Aaency Billino Office: Vouchers / invoices shall be submitted to the following address:

U.S. Nuclear Regulatory Commission Division of Contracts - T-7-I-2 Washington, DC 20555 HAND DELIVERY OF V0UCHERS/ INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE PROCESSING BY NRC. However, should you choose to deliver vouchers / invoices by hand, including delivery by any express mail services or special delivery services which use a courier or other person to deliver.the voucher / invoice in person to the NRC, such vouchers / invoices must be addressed to the above Designated Agency Billing Office and will only be accepted at the following location:

U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike - Mail Room Rockville, HD 20852 HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE AB0VE ADDRESS.

Note'that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts.

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l Aaency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of SF 26 or Block 25 of SF 33, ,

BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS - (Page 2 of 10) !

whichever is applicable. i Freauency: The contractor shall submit claims for reimbursement once each month, unless otherwise authorized by the Contracting Officer.

Format: Claims should be submitted in the format depicted on the attached sample form entitled " Voucher / Invoice for Purchases and Services Other than Personal" (see Attachment 1). The sample format is provided for guidance only. The format is not required for submission of a voucher / invoice. .

Alternate formats are permissible provided all requirements of the billing instructions are addressed. The instructions for preparation and itemization !

of the voucher / invoice are included with the sample form. '

Task Orderina Contracts: If the contractor bills for more than one task order under a voucher / invoice, detailed cost information for each individual task ;

order shall be submitted, together with a cumulative summary of all charges billed on the voucher / invoice. This includes all applicable cost elements 1 discussed in paragraphs (a) through (n) of the attached instructions.

Fee Recovery Billinas: Pursuant to the provisions of 10 CFR Part 170 and 171 on license fees, the NRC must recover the cost of work performed. ;

Accordingly, the contractor must provide the total amount of funds billed during the period, fiscal year to date and the cumulative total for each task l or task assignment by facility or report. The fee recovery billing reports shall be on a separate page, and shall be in the format provided in Attachment

2. The billing period for fee recovery costs should be from the first day of each calendar month to the last day of the same month. Each separate fee ,

billing report must be attached to the monthly invoice and cover the same period as the invoice. !

Each report will contain a docket number or other unique identifier. The NRC l will provide a unique identifier for all work performed. Costs should be '

reported as whole number to the nearest cent. For work that involves more than one facility at the same site, each facility should be listed separately and the costs should be split appropriately between the facilities. Common costs, as defined below, shall be identified as a separate line item in the fee recovery billing report each month.

Common costs are those costs that are not licensee unique and associated with the performance of an overall program that benefit all similar licensees covered under that program or that are required to satisfactorily carry out the program. Common costs include costs associated with the following:

preparatory or start-up efforts to interpret and reach agreement on methodology, approach, acceptance criteria, regulatory position, !

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BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS - (Page 3 of 10) or technical reporting requirements; efforts associated with the " lead plant" concept that might be involved during the first one or two plant reviews; meetings and discussions involving the above efforts to provide orientation, background knowledge or guidance during the course of a program; any technical effort applied to a docket or other unique identifier; and project management.

Common costs must be reporting monthly for each docket or unique identifier.

Common costs must be computed based on the proportion of direct costs incurred against each docket or unique identifier for the billing period.

Billina of Cost After Expiration of Contract: If costs are incurred during the contract period and claimed after the contract has expired, the period during which these costs were incurred must be cited. To be considered a proper expiration voucher / invoice, the contractor shall clearly mark it

" EXPIRATION VOUCHER" or " EXPIRATION INV0 ICE".

Final vouchers / invoices shall be marked " FINAL VOUCHER" or " FINAL INV0 ICE".

Currency: Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records; payments will be made in that currency. However, the U.S. dollar equivalent for all vouchers / invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.

Suoersession: These instructions supersede any previous billing instructions.

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l BILLING INSTRUCTIONS FOR COST REINBURSEMENT TYPE CONTRACTS (Paga 4 of 10) -

ATTACHNENT 1 INV0 ICE /V0UCHER FOR PURCHASES Als SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT)

Official Aaency Billino Office Contract Number (a) i U.S. Nuclear Regulatory Commission 3

Division of Contracts MS: T-7-I-2 Task Order No. (If Applicable)

Washington, DC 20555-0001 .

4 Payee's Name and Address (b) Voucher / Invoice #

l (c) Date of Voucher / Invoice 4

j Individual to Contact (d) Fixed Fee

Regarding this Voucher l Name: -

4 Tel . No.:

l (e) This voucher represents reimbursable costs for the billing period for the billing period l from through .

Amount Billed Current Period Cumulative

! (f) Direct Costs l (1) Direct 1 abor *.............................

i (2) Fringe benefits j i

( %, i f computed as percentage) . . . . . .

(3) Capitalized nonexpendable l 1 equipment ($50,000.or more - '

! see instructions)*......................

(4) Non-capitalized equipment, !

, materials, and supplies.................

, (5) Premium pay (NRC approved overtime).......

! (6) Consultants *..............................

(7) Trave 1*................................... !

(8) Subcontracts *.............................

(9) Other costs *..............................

Total Direct Costs (g) 1pdirect Costs (A) Overhead % of (Indicate Base).........

(B) General & Administrative Expense

% of Cost Elements Nos. ....................

Total Direct & Indirect Costs (h) Fixed-Fee (Cite Formula): l (1) Total Amount B111 ed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . l (j) Adjustments..................................... l (k) Grand Tota 1s.................................... !

(R quires Supporting Information -- See Attached) l

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BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 5 of 10 (Cont.) - ATTACHMENT 1

)

SAMPLE SUPPORTING INFORMATION 1

1

1) Direct Labor - $2400 Labor Hours Cumulative ;

Cateoory Billed i

Rats Total Hrs. Billed Senior Engineer I 100 $14.00 $1400 975 J

l Engineer 50 $10.00 465

$500 )

j Computer Analyst 100 $5.00 1500 320 <

$2400 i 1

3) Capitalized Non-Expendable Eculoment i

{ Prototype Spectrometer - item number 1000-01 $60,000 Hon-capitalized Eauipment. Materials. and Supplies 4)

10 Radon tubes 0 $110.00 = $1100.00 1

6 Pairs Electrostatic gloves 9 $150.00 = $900.00 l

$2000.00

5) Premium Pay Walter Murphy - 10 hours1.157407e-4 days 0.00278 hours 1.653439e-5 weeks 3.805e-6 months e $10.00 Per Hour = $100 (This was approved by NRC in letter dated 3/6/95).

6) Consultants' Fee i

Dr. Carney - I hour 9 $100 = $100

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7) Travel Start Date

, Destination Costs

3/1/89 Wash., DC $200 l

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! BILLING INSTRUCTIONS FOR COST REIN 80RSEMENT TYPE CONTRACTS (Page 6 of 10) - l j ATTACHNENT 1 (Cont.) i

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INSTRUCTIONS FOR PREPARING l l COST INFORNATION FOR NRC CONTRACT V0UCHERS/INV0 ICES ;

i i Preparation and Itemization of the Voucher / Invoice: In order to constitute a proper invoice, the contractor shall furnish all the information set forth below. These notes are keyed to the entries on the sample voucher / invoice. ,

) Official Agency Billing Office: Address the original and 3 copies of the 1

1 voucher / invoice, together with supporting documentation attached to each copy l to: U.S. Nuclear Regulatory Commission, Division of Contracts, NS: T-7-I-2, '

Washington, DC 20555-0001.

l Vouchers / invoices delivered by hand, including delivery by express mail or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC, should be addressed in accordance with the foregoing and delivered to: U. S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike - Nail Room, Rockville, Maryland 20852. Hand-delivered vouchers / invoices will not be accepted at other than the above address. Note, however, that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts.

Payee's Name and Address. Show the name of the contractor as it appears in the contract and its correct address. When an approved assignment has been made by the contractor, or a different payee or addressee has been designated, insert the name and address of the payee. Indicate the name and telephone number of the individual responsible for answering any questions that the NRC may have regarding the invoice. The following guidance corresponds to the entries required on the sample form.

(a) Contract Number. Insert the NRC contract number. .

Task Order Number, if applicable. Insert the task order number.

(b) Voucher / invoice number. The appropriate sequential number of the voucher / invoice, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number. i

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BILLING INSTRUCTIONS FOR COST REIM8URSEMENT TYPE CONTRACTS (Page 7 of 10) -

ATTACHMENT 1 (Cont.)

i (c) Date of Voucher / Invoice. Insert the date the voucher / invoice is prepared.

]

I (d) r!xed-Fee. Insert total fixed-fee. Include this information as it i applies to individual task orders as well.

l (e) Billing period. Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred and for which reimbursement is claimed.

,1

(f) Direct Costs - Insert the amount billed for the following cost elements,

! adjustments, suspensions, and total amounts, for both the current 3 billing period and for the cumulative period (from contract inception to i

end date of this billing period).

! (I) Direct Labor. This consists of salaries and wages paid (or i accrued) for direct performance of the contract itemized as i follows:

Labor Hrs. Cumulative

Category Billed Rate Total Hrs. Billed l (2) Fringe Benefits. This represents fringe benefits applicable to i direct labor and billed as a direct cost. Where a rate is used i indicate the rate. Fringe benefits included in direct labor or in j other indirect cost pools should not be identified here.

(3) Capitalized Non Expendable Equipment. List each item costing

! $50,000 or more and having a life expectancy of more than one i year. List only those items of equipment for which reimbursement is requested. For each such ites, list the following (as i applicable): (a) the item number for the specific piece of i equipment listed in the property schedule of the contract; or (b) j the Contracting Officer's approval letter if the equipment is not covered by the property schedule.

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BILLING INSTRUCTIONS FOR COST REIM80RSEMENT TYPE CONTRACTS (Page 8 of 10) -

ATTACHMENT 1 (Cont.)

(4) Non-capitalized Equipment, Materials, and Supplies. These are equipment other than that described in (3) above, plus consumable materials, ' supplies. List by category. List items valued at $500 ,

or more separately. Provide the item number for each piece of equipment valued at $500 or more.

(5) Premium Pay. This enumeratien in excess of the basic hourly rate.

l (Requires written approval of the Contracting Officer.)

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(6) Consultants. The supporting information must include the name,

! hourly or daily rate of the consultant, and reference the NRC l approval (if not specifically approved in the original contract).

! (7) Travel. Total costs associated with each trip must be shown in l the following format:

i j }_ tart Date Destination Costs j From To From To $

i (8) Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period.

(9) Other Costs. List all other direct costs by cost element and dollar amount separately.

(g) Indirect Costs (Overhead and General and Administrative Expense). Cite the formula (rate and base) in effect in accordance with the terms of the contract, during the time the costs were incurred and for which reimbursement is claimed.

(h) Fixed Fee. If the contract provides for a fixed fee, it must be claimed

. as provided for by the contract. Cite the formula or method of computation. The contractor may bill for fixed fee only up to 85% of total fee.

(i) Total Amount Billed. Insert the total amounts claimed for the current and cumulative periods.

1 BILLING INSTRUCTIONS FOR COST REIM8URSEMENT TYPE CONTRACTS (Page 9 of 10) -

ATTACHMENT 1 (Cont.)

(j) Adjustments. For cumulative amount, include outstanding suspensions.

(k) Grand Totals.

Further itemization of vouchers / invoices shall only be required for items having specific limitations set forth in the contract.

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BILLING INSTRUCTIONS FOR COST REINBURSENENT TYPE CONTRACTS (Page 10 of 10) -

ATTACHNENT 2 (Cont.)

FEE REC 0VERY BILLING REPORT FIN:

Facility Name or keport

Title:

TAC or Inspection Report Number:

(or other unique identifier)

Docket Number (if applicable): )

Period Fiscal Year Total Cost Categories Period Amt. Cost Incurred To Date Costs Cumulative Costs l Labor Naterials Subcontractor /

Consultant l Travel Other (specify) j Common Costs Total l

Remarks:

R:\ BILLING.396 l

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[7590-01-P]

U. S. NUCLEAR REGULATORY COMilSSION Agency Information Collection Activities: Proposed Collection; Comnent request AGENCY: U. S. Nuclear Regulatory Comnission (NRC)

ACTION: Notice of pending NRC action to submit an information collection request to OM8 and solicitation of public comment.

SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Information pertaining to the requirement to be submitted:

1. The title of the information colleccion:

Billing Instructions for NRC Cost Type Contracts .

2. Current OMB approval number: (3150-0109)

3. How often the collection is required: Monthly

4. Who is required or asked to report: NRC Contractors

5. The number of annual respondents: 106

6. The number of hours needed annually to complete the requirement or request: 2000 hours0.0231 days 0.556 hours 0.00331 weeks 7.61e-4 months (Billing Instructions 1384 hours0.016 days 0.384 hours 0.00229 weeks 5.26612e-4 months + 616 License Fee Recovery Cost Summary). l l

7. Abstract: The NRC Division of Contracts in administering its contracts provides Billing Instructions for its contractors to follow in preparation of invoices. These

instructions stipulate the level of detail in which 1

] supporting cost data must be submitted for NRC review. ~The l review of this information ensures that all payments made by NRC for valid and reasonable costs are in accordance with !

the contract terms and conditions. Submit, by (insert date 60 days after publication in the Federal Reaister), comments i

that address the following questions:

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1. Is the proposed collection of information necessary i

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for the NRC to properly perform its functions? Does ,

j the information have practical utility?

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2. Is the burden estimate accurate?

3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?

A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, 2120 L Street NW, (lower level), Washington, DC.

Members of the public who are in the Washington, DC, area can access this document via modem on the Public Document Room Bulletin Board (NRC's Advanced Copy Document Library), NRC subsystem at FedWorld, 703-321-3339. Members of the public who are located outside of the Washington, DC, area can dial FedWorld, 1-800-303-9672, or use the FedWorld Internet address: fedworld. gov (Telnet) . The document will be available on the bulletin board for 30 days after the signature date of this notice. If assistance is needed in a9 cessing the document, please contact the FedWorld help desk at 703-487-4608, Additional assistance in locating the document is available from the NRC Public Document Room, nationally at 1-800-397-4209, or within the Washington,

-DC, area at 202-634-3273.

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Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear j Regulatory Commission, T-6 F33, Washington, DC, 20555-0001, by telephone at I (301) 415-7233, or by Internet electronic mail at BJS19NRC.G0V.

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Dated at Rockville, Maryland, this day ofo M , 1996.

U For the Nuclear Regulatory Commission.

70 G4rald F. Cranford, Designat'ed Senio'N l Official for Information Resources Management l

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ML20134C443

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