ML20137P025

Notice of Pending NRC Action to Submit Info Collection Request to OMB & Solicitation of Public Comment Re 10CFR150, Exemptions & Continued Regulatory Authority in Agreement States & in Offshore Waters Under 274

ML20137P025
Person / Time
Issue date:	04/07/1997
From:	Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
OMB-3150-0032, OMB-3150-32, NUDOCS 9704090116
Download: ML20137P025 (12)

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[7590-01-P]

U. S. NUCLEAR REGULATORY COMMISSION

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AgencyLInformation Collection Activities: Proposed Collection: Comment 4 ,

request' AGENCY: U. S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of pending NRC action to submit an information collection request to.0MB and solicitation of public comment.

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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 collection: 10 CFR Part 150.

" Exemptions and Continued Regulatory Authority in Agreement StatesandinOffshoreWatersunderSection274" ,

Current OMB approval number: 3150-0032 g

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3. How often the collection is required: 10 CFR 150.16(b).

-150.-17(c). and 150.19(c) require the submission of reports 090005 following specified events. such as the theft or unlawful

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A diversion of licensed radioactive material. The source material inventory reports required under 10 CFR 150.17(b) must be submitted annually by certain licensees.

4. Who is required or asked to report: Agreement State licensees authorized to possess source or special nuclear material at certain types of facilities, or at any one time and location in greater than specified amounts.

5. The number of annual respondents: 63 Agreement State licensees

6. The number of hours needed annually to complete the requirement or request: 150 hours0.00174 days <br />0.0417 hours <br />2.480159e-4 weeks <br />5.7075e-5 months <br />

7. Abstract: 10 CFR Part 150 provides certain exemptions from NRC re9alations for persons in Agreement States. Part 150 also defines activities in Agreement States and in offshore waters over which NRC regulatory authority continues, including certain information collection requirements. The information is needed to permit NRC to make reports to other governments and the International Atomic Energy Agency in accordance with international agreements. The information is also used to carry out NRC's safeguards and inspection programs.

< i Submit.Lby (insert date 60 days after publication in the Federal Reaister). I comments that address the following' questions:

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

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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?

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4. How can the burden.of the information collection be minimized, including the use of automated collection 1

techniques or other forms of information technology? ,

A copy of-the draft supporting statement may be viewed free of charge at.the j 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 3 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  ;

.- 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  ;

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' the document, please.' contact the FedWorld help desk at 703-487-4608.

. Additional assistance in locating the document.is available from the NRC i

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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 k day or -

. 1997.

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For the Nuclear Regulatory Commission.

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Gerald F. Cranford. Designatgd Senior h '

Official for Information Resources Management  ;

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h 'l SUPPORTING STATEMENT

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10 CFR PART 150 1

EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY '

IN' AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274-(3150-0032) ,

EXTENSION

_Descriotion of the Information Collection NRC Regulations in 10 CFR Part 150' provide certain exemptions to persons in Agreement States from the licensing requirements contained in Chapters 6. 7.

and 8 of the~ Atomic Energy Act of 1954, as amended, and certain regulations of the Commission. The regulations in Part 150 also define activities in Agreement States over which the regulatory authority of the Commission

~-continues. Information concerning the application, recordkeeping, and-reporting requirements imposed by specific sections is provided below.

A. JUSTIFICATION ,

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

'10 CFR Section 150.16(a) requires each Agreement State licensee who transfers or receives special nuclear material to complete and submit a DOE /NRC Form 741 " Nuclear Material Transaction Report." whenever he transfers or receives a quantity of special nuclear material of 1 gram or more of contained uranium-235, uranium-233, or plutonium. This report is required in order for the ,

. United States to fulfill its responsibilities under the US/IAEA Safeguards i Agreement. Accounting reports for each IAEA material balance area must include inventory change reports showing all changes in the inventory of i nuclear material, The use of DOE /NRC Form 741, and its continuation page, Form 741A has been previously approved under OMB Clearance No. 3150-0003, which should be referred to for the information collection burden and supporting data.

10 CFR Section 150.16(b) requires that each person who, pursuant to an Agreement State license, pu:sesses 1 gram or more of contained uranium-235.

uranium-233, or plutonium shall report immediately to the appropriate NRC Regional Office any incident in which any theft or unlawful diversion of special nuclear material which he is licensed to possess has been made or is believed to have been made. 'The licensee is required to submit a written ,

report to the appropriate NRC Regional Office within 15 days of the initial report.  ;

The.information submitted by licensees under this requirement is evaluated and l maintained by NRC in. order that the Commission may carry out its

' responsibility under the Atomic Energy Act of 1954, as amended, to regulate  ;

' the possession and use of special nuclear material, source material, and ,

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byproduct material as necessary to promote the common defense and security.-

protect health. and minimize danger to life.or property.

1 J0 CFR Section 150.17(a) requires.each person who, pursuant to an Agreement State-license, transfers or receives or adjusts the inventory in any manner ~by I kilogram or more of uranium or thorium source material of foreign origin or who imports.1 kilogram or more of uranium or. thorium source material of any origin to complete and submit DOE /NRC Form 741.

This. report is required in order for the United States to fulfill its responsibilities under the US/IAEA Safeguards Agreement. Accounting reports -

for each IAEA material balance area must include inventory change reports showing all' changes in the inventory of nuclear material.

The use of DOE /NRC Form 741, and its continuation page. Form 741A. has been previously approved under OMB Clearance No. 3150-0003, which should be referred to. for the information collection burden and supporting data.

10 CFR Section 150.17(b) requires each person who is authorized to possess at any one time and location under an Agreement State license, more than 1.000 kilograms of uranium or thorium, or any combination of uranium or i thorium, to submit to NRC within 30 days after September 30 of each year a statement of his foreign origin source material inventory, i The information contained in the statement is placed in and maintained by the ,

Nuclear Materials Management and Safeguards System (NMMSS)2 , pursuant to the l Commission's responsibility under Section 161 of the Atomic Energy Act of 1954 as amended, to establish such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material, as it deems necessary or desirable to promote the common defense and security. l i

10 CFR Section 150.17(c) requires each Agreement State licensee who is l authorized to possess uranium or thorium pursuant to a specific license to l report prom)tly to the appropriate NRC Regional Office any incident in which l an attempt 1as been made or is believed to have been made to commit a theft or  ;

unlawful diversion of more than'15 pounds of such material at any one time or '

150 pounds of such material in any one calendar year. The licensee is l required to submit a written report to the appropriate NRC Regional Office  !

within 15 days of the initial report. ]i The information submitted by licensees under this requirement is evalu'ated and I maintained by NRC.in-order that the Commission may carry out its ,

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. NRC and DOE share the cost of operating the Nuclear Materials -

Management and Safeguards System (NMMSS). Current and projected NRC cost of. l the system is $822.000 for FY.97._ This cost is attributable to these nuclear 4 materials transaction-and accounting report forms. This includes the cost of  :

ADP, . record holding, and clerical processing of all forms- (DOE /NRC Forms 741. d 741A. 740M. 742,:742C, and IAEA Form N-71).

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e responsibility under the Atomic Energy Act of 1954, as amended. to regulate the possession and use of special nuclear material, source material, and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

10 CFR Section 150.17a provides that each person who, pursuant to an Agreement State license. is authorized to possess source material in amounts greater than one effective kilogram (except in ore processing) is subject to the provisions of Part 75 of the Commission's regulations. Part 75 requires, among other things, that the applicant file with the Commission: the identification of the installation: a description of features of the installation in reference'to flow of nuclear material: a description of features of the installation relating to material accounting. containment and surveillance; and a description of the existing and proposed procedures of the installation for nuclear material accounting and control.

This information must be filed at least nine months prior to the date the a)plicant desires to receive the source material (or earlier upon request by t1e Commission). The Commission will grant an exemption from these requirements if it determines that the installation will not be included on the United States eligible list.

The NRC staff will review the information submitted by applicants to determine if it is complete and meets the requirements set out in 10 CFR Section 75.11.

The information contained in the report is placed in and maintained by NMMSS.

Jursuant to the Commission's responsibility under Section 161 of the Atomic Energy Act of 1954, as amended. to establish such standards and instructions to govern the possession and use of special nuclear material. source material.

and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property. ,

10 CFR Section 150.19(c) requires that each person who, pursuant to an i Agreement State license, is authorized to possess tritium shall report l promptly to the appropriate NRC Regional Office any incident in which an i d

attempt has been made or is believed to have been made to commit a theft or  :

unlawful diversion of more than 10 curies of such material at any one time or i 100' curies of such material in any one calendar year. The licensee is required to submit a written report to the appropriate NRC Regional Office

-within 15 days of the initial report.

The information submitted by licensees under this requirement is evaluated and maintained by NRC in order that the Commission may carry out its l responsibility under the Atomic Energy Act of 1954, as amended, to regulate the possession and use of special nuclear material, source material, and

. byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

10 CFR Section 150.20(b)(1) requires that any Agreement State licensee engaging in activities in non-Agreement States under the general license established in Section 150.20(a) shall, at least 3 days prior to engaging in I I

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F such activity, file four copies of NRC Form 241 and four copies of his Agreement State specific license, with the appropriate NRC Regional Office.

The use of NRC Form 241 has been previously approved under OMB Clearance No. 3150-0013, which should be referred to for the information collection burden and supporting data.

10 CFR Section 150.31(b)(1) requires that, in the licensing and regulation of byproduct material, or any activity which results in the production of such byproduct material. Agreement States shall require compliance with the 3rovisions of Appendix A of 10 CFR Part 40 pertaining to ownership of such

)yproduct material and disposal sites for such material.

The compliance burden for Section 150.31(b)(1) is attributable to Appendix A of 10 C R Part 40. which has been approved under OMB Clearance No. 3150-0020.

which should be referred to for the information collection burden and supporting data.

2. Agency Use of the Information The re) orts described in 150.16(a). 150.17(a). 150.17(b), and 150.17a contain data tlat are used to generate reports to provide to the Australian and Canadian Governments in accordance with Bilateral Agreements and the International Atomic Energy Agency (IAEA) in accordance with the US/IAEA Safeguards Agreement. Information collected is also necessary to the domestic inspection program.

The reports described in 150.16(b).150.17(c), and 150.19(c) are evaluated and maintained by NRC in order that the Commission may carry out its responsibility under the Atomic Energy Act of 1954. as amended, to regulate the possession and use of special nuclear material, source material and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

3. Reduction of Burden Throuah Information Technolooy For requirements for the submission of DOE /NRC Forms 741. 741A. 740M. 742, or 742C 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 informetion technology.

Other reports that may be required because of an incident or event, for example, may be submitted using automated information technology. However, because of the types of information and the infrequency of submission. many of these reports do not lend themselves readily to the use of automated information technology.

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4. Effort to Identify Duplication 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 specifled 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 (00E) jointly utilizing NMMSS. Common reporting forms are used to minimize the reporting burden on industry members required to provide nuclear material data to one or both agencies in accordance with 3revailing regulations or contractual obligations. The licensee is thus a)le to file one report to meet the requirements of both agencies. Compliance with specific reporting requirements is monitored by the agency for which the specific data are required.

5. Effort to Reduce Small Business Burden The burden on licensees will vary with size and type of licensed operation.

The burden on small business represents approximately five percent of the total burden. Further reduction would not enable the NRC to fulfill its international or domestic responsibilities.

6. Conseauences to Federal Proaram or Policy Activities if the Collection is l Not Conducted or is Conducted Less Freauently If the requested information is collected less frequently, the NRC would be  !

unable to have current knowledge of the location of nuclear materials as is l required by the Atomic Energy Act of 1954. as amended.

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

7. Circumstances which Justify Variation from OMB Guidance Contrary to OMB guidelines in 5 CFR 1320.6. respondents are required to submit l more than three copies of certain reports.

Section 150.16(a) and 150.17(a) require four copies of NRC Form 741. Multiple ;

copies are required to document the transaction with the shipper, the receiver, and the NRC and to accompany the shipment.

Section 150.20(b)(1) requires four copies of NRC Form 241 and four copies of l the Agreement State license. Multiple copies are required to report proposed l

F 6-l activities in Non-Agreement States to one or more NRC Regional Offices, the NRC State Program Office, and the State Health Department.

Contrary to OMB guidelines in 5 CFR 1320.6(b). Section 150.16(b) requires that each person who, pursuant to an Agreement State license, possesses 1 gram or more of contained uranium-235. uranium-233, or plutonium shall report immediately to the appropriate NRC Regional Office any incident in which any theft or unlawful diversion of special nuclear material which he is licensed l to possess has been made or is believed to have been made. The initial report must be followed within 15 days by a written report which sets forth the details of the incident. These reports in less than 30 days are necessary to permit the Regional Office to determine whether there has been a diversion or other loss of material and to initiate prompt action in the event of such diversion or loss.

Contrary to OMB guidelines in 5 CFR 1320.6(b). Section 150.17(c) requires each Agreement State licensee who is authorized to possess uranium or thorium pursuant to a specific license to re) ort promptly to the appropriate NRC Regional Office any incident in whic1 an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 15 pounds cf such material at any one time or 150 pounds of such material in any one calendar year. The initial report must be followed within 15 days by a written report which sets forth the details of the incident and its consequences. These reports in less than 30 days are necessary to permit the Regional Office to determine whether there has been a diversion or other loss of material and to initiate prompt action in the event of such diversion or loss.

Contrary to OMB guidelines in E CFR 1320.6(b). Section 150.19(c) requires that each person who Jursuant to an Agreement State li inse, is authorized to possess tritium slall report prom)tly to the appropriate NRC Regional Office any incident in which an attempt 1as been made or is believed to have been made to commit a theft or unlawful diversion of more than 10 curies of such material at any one time or 100 curies of such material in any one calendar year. The initial report must be followed within 15 days by a written report which sets forth the details of the incident and its consequences. These reports in less than 30 days are necessary to permit the Regional Office to determine whether there has been a diversion or other loss of material and to initiate prompt action in the event of such diversion or loss.

8. Consultation Outside of NRC Consultation with licensees occurs continually as they call to discuss their reports. The NRC strives to meet its international reporting requirements while minimizing the burden to these licensees.

An opportunity to comment on the 10 CFR Part 150 information collection requirements will be provided in the Federal Reaister Notice published for this clearance extension.

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9. Pavment or Gift to Resoondents q

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. Not applicable.

.10. Confidentiality of Information

.n .i LSome proprietary information may be included when necessary to provide an 1 f*J' ~a dequate response. An application to withhold such information from public ,

disclosure. may be made. and would be dis)osed of in accordance with the i i provisions of 10 CFR 2.790. If any of t11s information is aarticularly l

. sensitive a request may be made that such information not 3e transmitted to  :

the IAEA: such a request must refer to, and conform with, 10 CFR 74.12.  ;

11. Justification for Sensitive ~ 0uestions 1

) This information collection does not involve sensitive questions. l

12. Estimated Burden and Burden Hour Cost The burden estimates for the 10 CFR Part 150 information collection  !

requirements are baseo on submittals.to NRC in past years. The cost to the j

' licensees-is calculated at a rate of $125 per hour for preparation of the i reports prepared in res)onse to the 10'CFR Part 150 reporting requirements.  :

. - This rate is based on NRC's fully recoverable fee rate. I 1

The total annual burden is estimated to be about 150 hours0.00174 days <br />0.0417 hours <br />2.480159e-4 weeks <br />5.7075e-5 months <br /> 3er year, or 2.4 1

hours per licensee, for the licensees covered under 10 CFR 3 art 150. The

~ details are shown in the table below. The total burden hour cost for the licensees would be 150 hours0.00174 days <br />0.0417 hours <br />2.480159e-4 weeks <br />5.7075e-5 months <br /> x $125/ hour., or approximately $18,750/ year, j No. of Licensee. Hours Total Annual

-Section Resoonses Annually Per Submittal Licensee Burden (hrs) )

< 150.16(a) Burden is covered under DMB Clearance No. 3150-0003 l 150.17(a)

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-150.16(b)

150.17(c) 3 10 30 150.19(c) i 150.17(b) 60 2 120 150.17a Although Agreement State licensees are eligible and on the .I IAEA selection list. none have been selected and there are o no plans by the IAEA to select any at this time.

. 150.20(b)(1) Burden is covered under OMB Clearance No. 3150-0013 150.31(b)(1) Burden is covered under OMB Clearance No. 3150-0020

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j 13. Estimate of Othe'r Additional Costs None. For licensees required to submit reports under 10 CFR Part 150. it is

'most:likely that purchases of equipment and services were ade (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 / report of NRC

. staff time. For approximately 63 reports the collection requires approximately 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per year (5 minutes / report x 63 reports - 5.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> / year). Annual labor costs at $125 per staff hour will be $625. 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 NMMSS.

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 the 10 CFR Part 150 information collection requirements since submittal of the previous OMB clearance package.

16. Publication for Statistical Use None.

17. Reason for Not Disolavina the Exoiration Date The 10 CFR Part 150 requirements are 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. Exceotions to the Certification Statement There are no exceptions.

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

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