ML20137C492

Notice of Pending NRC Action to Submit Info Collection Request to OMB & Solicitation of Public Comment

ML20137C492
Person / Time
Issue date:	03/20/1997
From:	Levin A NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
NUDOCS 9703250021
Download: ML20137C492 (14)

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[7590-01-P] .

t U. S. NUCLEAR REGULATORY COMMISSION  :

Agency Information Collection Activities: Proposed Collection: Comment  !

request AGENCY: U. S. Nuclear Regulatory Commission (NRC) i ACTION: Notice of pending NRC action to submit an'information collection i request to OMB 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). .

i Information pertaining to the requirement to be submitted:

1. The title of the information collection: DOE /NRC Form 742.

" Material Balance Report:" NUREG/BR-0007 " Instructions for f Completing Material Balance Report and Physical Inventory l

I Listing:" and DOE /NRC Form 742C, " Physical Inventory J Listing."

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2. Current OMB approval number:

efWoy DOE /NRC Form 742 and NUREG/BR-0007: 3150-0004 ,g (-t .

DOE /NRC Form 742C: 3150-0058

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! 9703250021-970320 PDR Q.OQhQ.E.E.!E

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3. How often the collection is required: DOE /NRC Forms 742 and 742C are submitted semiannually following a physical l inventory of nuclear materials.  !

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4. Who is required or asked to report: Persons licensed to i possess. specified quantities of special nuclear or source i material. ,

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5. The number of annual respondents:

DOE /NRC Form 742: 300 licensees DOE /NRC Form 742C: 120 licensees

6. The number of hours needed annually to complete the requirement or request:

DOE /NRC Form 742: 450 hours0.00521 days <br />0.125 hours <br />7.440476e-4 weeks <br />1.71225e-4 months <br /> DOE /NRC Form 7420: 1.440 hours0.00509 days <br />0.122 hours <br />7.275132e-4 weeks <br />1.6742e-4 months <br />

7. Abstract: Each licensee authorized to possess special nuclear material totalling more than 350 grams of contained-uranium-235. uranium-233. or plutonium, or any combination thereof, and any licensee authorized to possess 1.000 kilograms of source material is required to submit DOE /NRC Form 742. Reactor licensees required to submit DOE /NRC Form 742. and facilities subject to 10 CFR Part 75. are required to submit DOE /NRC Form 742C. The information is used by NRC to fulfill its responsibilities as a participant in US/IAEA

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Safeguards Agreement and bilateral agreements with Australia and Canada, and to satisfy its domestic safeguards responsibilities.

Submit, by (insert date 60 days after publication in the Federal Reaister),

comments that address the following questions:

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

2. Is.the burden estimate accurate?

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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 Advance 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

4 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 accessing 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.

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

Dated at Rockville Maryland this M day of /-fa rtM . 1997, For the Nuclear Regulatory Commission.

w rnold E. Levin. Actin W signated Senior

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! Official for Informafion Resources Management l

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u .L_ a SUPPORTING STATEMENT FOR DOE /NRC FORM 742

" MATERIAL BALANCE REPORT"  !

and NUREG/BR-0007

" INSTRUCTIONS FOR COMPLETING MATERIAL BALANCE REPORT AND PHYSICAL INVENTORY LISTING" (3150-0004)

EXTENSION Descriotion of the Information Collection l NRC regulations require each licensee who is authorized to possess at any one ,

time and location special nuclear material (SNM) in a quantity totaling more  ;

than 350 grams of contained uranium-235. uranium-233. or plutonium, or any combination thereof, to prepare and submit reports concerning SNM received, produced. )ossessed transferred. consumed. disposed of. or lost. Each NRC .

licensee w1o has been selected for the application of International Atomic 1 Energy Agency (IAEA) safeguards under 10 CFR Part 75 is required to complete and submit DOE /NRC Form 742 " Material Balance Report." within thirty days after the start of a physical inventory. In addition, each licensee. Federal l or State, who is authorized to possess, et any one time or location.1.000 kilograms of source material, is requiren to file with the NRC semiannually a statement of source material inventory. The instructions for completing Form 742 are in NUREG/BR-0007. " Instructions for Completing Material Balance Report and Physical Inventory Listing." l 4

A. JUSTIFICATION ,

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! 1. Need for and Practical Utility of the Collection of Information  !

! In order for the United States to fulfill its responsibilities as a .

! participant in the US/IAEA Safeguards Agreement and to satisfy bilateral  !

i agreements with Australia and Canada and its domestic safeguards l responsibilities, it is necessary for licensees affected by 10 CFR Part 75 and i related sections of Parts 40, 50, 70, and 150 to submit accounting reports. j The accounting reports for each IAEA material balance area must include i material status reports based on a physical inventory of nuclear materials 1 l actually present.

l 10 CFR 75.35 requires that each licensee identified by the Agreement subm.it i i material status reports for each physical inventory taken as aart of the l l material accounting and control procedures. A computer-readaale DOE /NRC Form j 742 is used for the collection of the information on the material balance of '

nuclear material.

2. Aaency Use of the Information NRC is required to collect nuclear material transaction information and make it available to the IAEA. The use of Form 742, together with NUREG/BR-0007, i the instructions for completing the form, enables NRC to collect. retrieve. ,

analyze as necessary, and submit the data to IAEA to fulfill its reporting i i

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responsibilities. Use of this report form. in ADP format, enhances NRC's j j ability to collect and provide this data. l l This information is needed to provide to the Australian and Canadian Governments a periodic report showing the inventory of all materials in each U.S. facility that is subject to their respective Bilateral Agreements: to i satisfy the terms of the US/IAEA Safeguards Agreement; and for the domestic l

. inspection program.

' 3. Reduction of Burden Throuah Information Technoloav l

Licensees previously had the option of submitting the required information on

! a facsimile of the form or transmitting the information electronically. NRC

' amended its regulations to require licensees using DOE /NRC Forms 741, 741A, 740M. 742, and 742C to submit such reports in a computer-readable format.  !

This change eliminated the need for hard copy forms and reduced the burden on licensees through the use of current information technology.

4. Effort to Identify Duolication and Use Similar Information i

~ In general. information required by NRC in reports or records concerning the transfer, receipt, or change'in inventory of source or special nuclear material does not duplicate other Federal information collection requirements and is not available from any source other than applicants or licensees.

i Portions of the needed information might be contained in other information l submittals to NRC or other Federal agencies. However. duplication, if any, is slight, and the collection of this information by use of specified forms and L .other required reports and records is the most effective and least burdensome

! means of obtaining the information.

j Submission of. similar information on the inventory of nuclear material to the Federal government'has been minimized by NRC and the Department of Energy l

(DOE) jointly utilizing the Nuclear Materials Management and Safeguards System- 1 (NMMSS). Common reporting forms are used~to minimize the reporting burden on  !

industry members required to provide nuclear material data to one or both l agencies in accordance with prevailing regulations or contractual obligations.  !

The licensee is thus able to file one report to meet the requirements of both I agencies. Compliance with specific reporting requirements is' monitored by the I agency for which the specific data is required. ,

! 5. Effort to Reduce Small Business Burden L -

1 This reporting requirement affects approximately 300 persons licensed by the NRC or an~ Agreement State to possess source or special nuclear material at certain types of facilities, or at any one time and location in amounts  !

greater than specified amounts.  ;

1 These licensees are large independent industrial firms, each with an i- estimated annual gross income of more than $1 million and a staff of more than ,

-500 people.- The NRC has determined that'the respondents are not small  !

businesses as that term is used .in the Regulatory Flexibility Act.

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• j i 6. Consecuences to Federal Program or Policy Activities if the Collection is :

Not Conducted or is Conducted less Freauently

Affected licensees are required to submit reports semiannually. This schedule l 1s reasonable because the submission will coincide with taking a physical l inventory. The collection and recording of data for inventory purposes is a l continuing process that the licensee carries out throughout the year for the l licensee's internal records. At the specified times for inventory reports, the licensee sim)1y submits the accumulated data from the licensee's records, based either on Jock inventory or on data from a physical inventory. to NRC on ,

Form 742. The requirement to report within thirty days of the ending date is  !

a reasonable measure to ensure timeliness in receipt of inventory data by NRC ,

in order to maintain material accountability under its statutory 1 responsibility pursuant to the Atomic Energy Act to assure protection of the common defense and security. Moreover, the US/IAEA Safeguards Agreement specifies that reports are to be submitted within 30 days following a physical inventory taking. The Canadian and Australian Bilateral Agreements require that reports be submitted yearly and twice yearly, respectively.

l If licensees are not required to submit these reports. NRC will not be able to i maintain material accountability under its statutory responsibilities of the i Atomic Energy Act. j

7. Circumstances which Justify Variation From OMB Guidance Contrary to OMB guidelines in 5 CFR 1320.6 Section 75.35 requires submission of the re> ort within 30 days or less. This requirement is necessary to satisfy t1e terms of the US/IAEA Safeguards Agreement (INFCIRC/288).

8. Consultations Outside of NRC There have been no consultations outside the agency since the last OMB clearance request was submitted for DOE /NRC Form 742.

An opportunity to comment on the current DOE /NRC Form 742 information l collection requirements will be provided in the Federal Reaister Notice published for this clearance extension.

9. Payment or Gift to Resoondents l Not applicable.

10. Confidentiality of Information Some proprietary information may be included when necessary to provide an adequate response. An application to withhold such information from public disclosure may be made in accordance with the provisions of 10 CFR 2.790. If

. any of this information is of 3 articular sensitivity, a request may be made that such information not be p1ysically transmitted to the IAEA: such a request must refer to, and conform with 10 CFR 74.12.

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11 Justification for Sensitive'Ouestions

'This information collection does not involve sensitive questions.  !

12. Estimated Burden and Burden Hour Cost The burden for preparation and submission of each DOE /NRC Form 742 is estimated to be forty five minutes (0 75 hours8.680556e-4 days <br />0.0208 hours <br />1.240079e-4 weeks <br />2.85375e-5 months <br />). It is estimated, based on submittals to NRC in recent years, that 300 licensees will each submit two  ;

DOE /NRC Form 742 per year, resulting in a total of approximately 600 reports submitted annually. Thus, the total burden for all licensees will be 450 hours0.00521 days <br />0.125 hours <br />7.440476e-4 weeks <br />1.71225e-4 months <br />.

-The cost to licensees is calculated at a rate of $125 per hour, based on NRC's fully recoverable fee rate. 'The annual cost to each respondent to comply with this requirement is estimated to be approximately $188. The total annual cost to all affected licensees is estimated to be $56.250.

13. Estimate of Other Additional Costs None. For licensees required to submit this form, it is most likely'that purchases of. equipment and services were made (1) prior to October 1. 1995.

(2) to achieve regulatory compliance with requirements not associated with the information collection. (3) for reasons other than to provide information or keep records for the government. or (4) as part of customary and usual business or private practices

. - 14 . Estimated Annualized Cost to the Federal Government

.The collection of information requires an average of 5 minutes / form of NRC staff time. For approximately 600 reports the collection requires 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> per year (5 minutes / report x 600 reports - 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> / year). Annual labor costs at $125 per staff hour will be $6'.250. These costs are fully recovered' through fee assessments.to NRC licensees )ursuant to 10 CFR Parts 170 and 171.

Other costs are~ attributed to operating t1e Nuclear Materials Management and Safeguards System (NMMSS).

15. Reasons for Chanae in Burden or Cost L There has been no significant change in the estimated burden and cost for preparation.- submittal, and review of DOE /NRC Form 742.since submittal of the l previous OMB clearance package.

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l 2 NRC and DOE share the cost of operating the Nuclear Materials e . Management and Safeguards System (NMMSS). Current and projected cost of the system for FY 97 is $822.000. This includes the cost of ADP. record holding,

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and clerical processing of all' forms (DOE /NRC Forms 741, 741A. 740M. 742.

742C, and IAEA Form N-71). The cost suballocated to Form 742 is approximately L $22.400.

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16. Publication for Statistical Use ,

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ihe expiration date is displayed on DOE /NRC Form 742.

18. Exceotions to the Certification Statement There are no exceptions. l B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in this collection of information.

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I' SUPPORTING STATEMENT FOR DOE /NRC FORM 742C

" PHYSICAL INVENTORY LISTING" (3150-0058)

EXTENSION Descriotion of the Information Collection NRC regulations in 10 CFR Part 75 establish a system of nuclear material accounting and nuclear material control to implement the Agreement between the United States and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in the United States. Each licensee under this Agreement must establish, maintain, and follow written material accounting and control procedures, including submission of material status reports. The material status report must include a computer-readable DOE /NRC Form 742C,

" Physical Inventory Listing," that is used for the semiannual submission of the inventory of nuclear material, The instructions for completing Form 742C are in NUREG/BR-0007, " Instructions for Completing Material Balance Report and Physical Inventory Listing." approved'under DMB Clearance No. 3150-0004, A. JUSTIFICATION

1. Need for and Practical Utility of the Collection of Information In order for the United States to fulfill its responsibilities as a participant in the US/IAEA Safeguards Agreement and to satisfy bilateral agreements with Australia and Canada and its domestic safeguards responsibilities, it is necessary for licensees affected by 10 CFR Part 75 and related sections of Parts 40, 50, 70, and 150 to submit accounting reports.

The accounting reports for each IAEA material balance area must include material status reports based on a physical' inventory of nuclear materials actually present.

10 CFR 75.35 requires that each licensee identified by the Agreement submit material status reports for each physical inventory taken as ) art of the material accounting and control procedures. A computer-reada)le DOE /NRC Form 742C is used for the collection of the information on the physical inventory of nuclear material.

2. Acency Use of the Information NRC is required to collect nuclear material inventory information and make it available to the IAEA. The use of Form 742C, together with NUREG/BR-0007, the instructions for completing the form, enables NRC to collect, retrieve, analyze as necessary, and submit the data to IAEA to fulfill its reporting responsibilities. Use of this report form, in ADP format, enhances NRC's ability to collect and provide this data.

This information is needed to provide to the Australian and Canadian Governments a periodic report showing the inventory of all materials in each U.S. facility that is subject to their respective Bilateral Agreements: to 1

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satisfy the terms of the US/IAEA Safeguards Agreement: and for the domestic inspection program.

3. Reduction of Burden Throuch Information Technolooy a Licensees previously had the option of submitting the required information on a facsimile of the form or transmitting the information electronically. NRC amended its regulations to require licensees using DOE /NRC Forms 741, 741A.

740M. 742, and 742C to submit such reports in a computer-readable format.

This change eliminated the need for hard copy forms and reduced the burden on licensees through the use of current information technology.

i 4. Effort to Identify Duolication and Use Similar Information In general, information required by NRC in reports or records concerning the transfer, receipt or change in inventory of source or special nuclear material does not duplicate other Federal information collection requirements and is not available from any source other than applicants or licensees. '

Portions of the needed information might be contained in other information submittals to NRC or other Federal agencies. 'However, duplication. if any, is slight, and the collection of this information by use of specified forms and other required reports and records is the most effective and least burdensome means of obtaining the information.

Submission of similar information on the inventory of nuclear material to the '

Federal government has been minimized by NRC and the Department of Energy (DOE) jointly utilizing the Nuclear Materials Management and Safeguards System l (NMMSS). Common reporting forms are used to minimize the reporting burden on i industry members required to provide nuclear material data to one or both I agencies in accordance with prevailing regulations or contractual obligations. l The licensee is thus able to file one report to meet the requirements of both i agencies. Compliance with specific reporting requirements is monitored by the l agency for which the specific data are required. l

5. Effort to Reduce Small Business Burden. I Licensees affected by reporting requirements using this form have an estimated annual gross income of more than $1 million and a staff of more than 500 people. The NRC has determined that the res)ondents are not small businesses )

as that term is used in the Regulatory Flexi)ility Act.

6. Consecuences to Federal Proaram or Policy Activities if the Collection is Not Conducted or is Conducted Less Freauently Affected licensees are required to submit reports semiannually. This schedule  !

is reasonable because the submission will coincide with taking a physical 1 inventory. The collection and recording of data for inventory purpcyas is a  ;

continuing process that the licensee carries out throughout the year for the i licensee's internal records. At the specified times for inventory reports, the licensee sim)ly submits the accumulated data from the licensee's records, based either on )ook inventory or on data from a physical inventory, to NRC on l

Form 742C. The requirement to report within thirty days of the ending date is a reasonable measure to ensure timeliness in ceceipt of inventory data by NRC in order to maintain material accountability under its statutory responsibility pursuant to the Atomic Energy Act to assure protection of the common defense and security. Moreover, the US/IAEA Safeguards Agreement s)ecifies that reports are to be submitted within 30 days following the p1ysical inventory. The Canadian and Australian Bilateral Agreements require that reports be submitted yearly and twice yearly, respectively.

If licensees are not required to submit these reports, NRC will not be able to maintain ma+erial accountability under its statutory responsibilities of the Atomic Energy Act.

7. Circumstances which Justify Variation From OMB Guidance.

Contrary to OMB guidelines in 5 CFR 1320.6, Section 75.35 requires submission of the re) ort within 30 days or less. This requirement is necessary to satisfy t1e terms of the US/IAEA Safeguards Agreement (INFCIRC/288).

8. Consultations Outside of NRC There have been no consultations outside the agency since the last OMB clearance request was submitted for DOE /NRC Form 742C.

An opportunity to comment on the current DOE /NRC Form 742C information collection requirements will be provided in the Federal Reaister Notice ,

published for this clearance extension.

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9. Payment or Gift to ResDondents Not applicable.

10. Confidentiality of the Information Proprietary information must be included when necessary to provide an adequate response. An application to withhold such information from public disclosure may be made in accordance with the provisions of 10 CFR 2.790. If any of this  !

information is of particular sensitivity, a-request may be made that such information not be physically transmitted to the IAEA: such a request must refer to, and must conform with, 10 CFR 74.12.

11. Justification for Sensitive Questions i This information collection does not involve sensitive questions.

12. Estimated Burden and Burden Hour Cost s -The burden for preparation and submission of each report is estimated to be six hours. It is estimated, based on submittals to NRC in recent years, that i 120 licensees will each submit two DOE /NRC Form 742C per year, resulting in a  :

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f total of approximately 240 reports submitted annually. Thus, the total burden  !

for all licensees will be 1.440 hours0.00509 days <br />0.122 hours <br />7.275132e-4 weeks <br />1.6742e-4 months <br /> / year. l l

The cost to licensees is calculated at a rate of $125 per hour, based on NRC's ,

fully recoverable fee rate. The annual cost to each respondent to comply with l this requirement is estimated to be $1.500 (6 hrs / report x 2 reports x '

$125/hr). The total annual cost to all affected licensees is estimated to be '

$180.000. ,

13. Estimate of Other Additional Costs f i None. For 'i.censees required to submit this form, it is most likely that l

purchases of equipment and services were made (1) prior to October 1.1995..

(2) to achieve regulatory compliance with requirements not associated with the i information collection. (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

-14 Estimated Annualized Cost to the Federal Government The collection of information requires an average of 5 minutes / form of NRC I i staff time. Therefore, for approximately 120 respondents reporting.

l- semiannually the estimated annualized cost to the Federal government will be ,

l 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> / year (5 minutes / report x 240 reports / year - 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> / year). Annual '

labor costs at $125 per staff hour will be $2.500. These costs are fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and 171. Other costs are attributed to operating the Nuclear Materials Management and Safeguards System (NMMSS). -

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15. Reasons for Chanae in Burden or Cost There has been no significant change in the estimated burden and cost for preparation, submittal, and review of DOE /NRC Form 742C since submittal of the ,

previous OMB clearance package.

I 16. Publication for Statistical Use '

None.

17. Reason for Not Disolavino the Exoiration Date The expiration date is displayed on DOE /NRC Form 742C. '

2 NRC and DOE share the cost of operating the Nuclear Materials Current cost of the system for the Management and Safeguards System (NMMSS).

NRC for FY97 is $822.000. This cost is attributable to nuclear materials .

transaction and accounting report forms. This includes the cost of ADP.

record holding. and clerical processing of all forms (DOE /NRC Forms 741. 741A.

740M. 742. 742C and IAEA Form N-71). The suballocated cost to Form 742C is approximately $9.000.

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18. Exceotions to the Certification Statement There are no exceptions.

l B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in this collection of information. .

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