ML20155C543

Request for OMB Review & Supporting Statement Re 10CFR40, Domestic Licensing of Source Matl. Estimated Respondent Burden Is 3 H

ML20155C543
Person / Time
Issue date:	09/01/1988
From:	Mcdonald W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:
References
OMB-3150-0031, OMB-3150-31, NUDOCS 8810100091
Download: ML20155C543 (23)

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i SUPPORTING STATEMENT FOR i,

10 CFR PART 40 i

DOMESTIC LICENSING OF SOURCE MATERIAL, H

NRC FORM 244 l

REGISTRATION CERTIFICATE - USE OF DEPLETED URANIUM UNDER GENERAL LICENSE AND NRC FORM 484 i

SAMPLE FORMAT FOR REPORTING DETECTION MONITORING DATA Justification 1

i NRC Regulations in 10 CFR Part 40 establish requirements for the issuance of f

licenses to receive title to, receive, possess, use, transfer, or deliver i

l source and byproduct material.

The regulations were issued pursuant to the

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Atomic Energy Act of 1954 Title II of the Energy Reorganization Act of 1974, the National Environmental Policy Act of 1969 (NEPA), and the Uranium Mill j

TailingsRadiationControlActof1978(UMTRCA)(allasamended).

Infonnation 1

concerning the application, recordkeeping and reporting requirements imposed by l

specific sections is provided below.

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j Section 40.9(b? requires that an applicant or licensee notify the Consnission of infonnation which the licensee recognizes as having significant implications l

for the public health and safety or the common defense and security. This l

requirement applies only to information which is not covered by other reporting or updating requirements. The information must be provided within two working

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days.

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This requirement is necessary because there may be some circumstances in which j

a licensee possesses some infonnation which could be important to the 1

protection of public health and safety or the common defense and security but 4

which is not othemise required to be reported. The codification of this full j

disclosure requirement should not result in significant additional burdens on applicants or licensees. No fonnel program is required. What is expected is i

that licensees will maintain a professional attitude toward safety and that if some potential safety infonnation is identified by the licensee, the infonnation will be provided freely and promptly to the NRC so that the agency can evaluate it and act on it if necessary.

Section 40.23 imposes requirements which are necessary to permit the United l

5tates to comply with its obligations as a signatory to the Convention on the j

PhysicalProtectionofNuclearMaterial(theConvention). The purpose of the Convention is to provide for the establishment and maintenance of adequate j

physical security with respect to international shipment of significant quantities of source or special nuclear material.

j Section 40.23(b) requires that carriers of transient shipments of natural j

uranium under the general license in Section 40.23(a) provide advance notification to NRC concerning the shipments at least 10 days before transport.

i Section 40.23(c) requires that such carriers notify NRC of unscheduled stops at United States ports. Section40.23(b)(2)(1x)requiresthatlicenseeswho

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transport transient shipments between countries that are not party to the Convention provide NRC a certification that arrangements have been made to i

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notify NRC when the shipment has been received at the destination facility.

Section 40.23(d) provides that a licensee may amend a notification by telephone.

The information will be used by the NRC Safeguards staff to ensure that adequate physical protection of the nuclear material is provided during transport.

_Section40.25(c) requires persons to file NRC Form 244, "Registration Certificate - Use of Depleted Uranium Under General L.icense " with the NRC within 30 days after first receipt of depleted uranium under the general license in Section 40.25(a) and to report any changes to the infomation on Form 244 within 30 days of the change. The purposes of the registration requirement are: (1) to provide means of identifying the general licensee, (2) to pemit NRC to infom the general licensee of the tems and conditions of the general license upon first receipt of depleted uranium, and (3) to facilitate subsequent communication with the general licensee.

The use of NRC Form 244 is covered under OMB under clearance number 3150-0031.

The information collection burden data for Fom 244 is provided separately in the burden table in this supporting statement.

Because licensees do not often use depleted uranium under this general license, there have been very few submit,sions of Form 244 in recent years and there is co.1sequently a very small burden.

Section 40.25(d)(3) requires persons transferring depleted uranium to a transferee pursuant to the general license in Section 40.25(a) to furnish to the transferee a copy of Section 40.25 and a copy of Fom 244, and if under the regulations of an Agreement State, an explanation of that fact.

These documents inform the user of the need to register and other requirements of the general license.

Section 40.25(d)(,4_) requires persons to report in writing to the NRC Director of the Division of ' Nuclear Material Safety, with a copy to the appropriate NRC Regional Administrator, within 30 days of any transfer of depleted uranium under the general licence in Section 40.25(a), the name and address of the person receiving the source material pursuant to such transfer.

The infomation will be used by the NRC licensing and inspection staff to inform the staff of the persons who possess depleted uranium products so that inspections may be made of general licensees to determine compliance with the tems and conditions of the general license.

Becaust licensees do not often use or transfer depleted uranium under this general license, there have been very few reports of transfer, and there is consequently only a small burden.

Section 40.26(c)(2) requires that persons receiving title to, owning, or possessing byproduct material (mill tailings or wastes) under the general license established in Section 40.26(a) document the daily inspections of tailings or weste retention systems and immediately notify the NRC Regional j

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Office or the Division of Low-Level Waste Management and Decomissioning at NRC Headquarters, of any failure in a tailings or waste retention system which results in a release of tailings or waste into unrestricted areas, and/or of any unusual conditions which could lead to failure of the system and result in a release of tailings or waste into unrestricted areas.

Records of daily inspections must be retained for three years.

The purpose of this requirement is to provide for documented daily inspections of waste retention facilities, so as to avoid failure of such systems, and to require the reporting of significant failures so that appropriate followup actions may be taken and the cause of the failure may be determined, in order to avoid other failures from the same cause.

Only reports of failures will be submitted to NRC.

These will be notifications only, not detailed analyses of fai'ure cause or consequences.

The notification will t,e used to trigger the establishment of direct comunications with the licensee to detemine the need for followup emergency response, cleanup and decontamination activities and standards, and also later failure analysis.

Section 40.26(d) provides that the general license covering tailings at active mills expires within nine months from the effective date of the rule unless an affected licensee has submitted an application for license renewal or amendment which includes a detailed program for meeting the criteria in Appendix A to 10 CFR Part 40. This rule is necessary to ensure that all existing mill operators develop acceptable programs relating to the long term disposition of tailings at active mills in a timely manner.

I Infomation collection supporting data are provided below under the section on Appendix A.

Section 40.31(a) provides that applications for specific licenses for source material shou' d be submitted on NRC Form 313. "Application for Material License." Because Part 40 licenses cover a broad range of uses, license applications vary from simple to complex. Applications for facility licenses are generally more complex and will require the use of attachment sheets to provide the detailed infonnation required.

l The NRC licensing staff will review the information to assess the adequacy of the applicant's training, experience, equipment, physical plant and procedures

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and plans for protection of the public health and safety, the ccanon defense and security, and the environment.

The NRC review and the findings derived therefrom form the basis for NRC licensing decisions related to source material.

i The use of NRC Fom 313 has previously been approved by OMB under clearance number 3150-0120, which should be referred to for information collection burden and supporting data.

Section 40.31(b) rovides that NRC may require further statements after the filing of the app ication and before expiration of the license to enable NRC to detemine whether the application should be granted or denied or whether a license should be modified or revoked.

Such additional infomation is some-times needed to clarify information sutaitted in the application, or to rectify i

3 i

i i

r a

deficiencies in proposed or existing programs for protection of the public health and safety, the comon defense and security, or the environment.

The additional information submitted is reviewed by various NRC organizational units to assess the adequacy of the applicant's training, experience, equipment, physical plant, procedures and plans for protection of the public health and safety, common defense and security, and the environment. The NRC review and the findings derived therefrom form the basis for NRC decisions concerning the issuance, modification, or revocation of the licenses for source and byproduct material.

The application is only submitted for the initial license and for renewals every five years thereaf ter.

Requests for additonal information are only issued as necessary to complete or clarify the infomation submitted in the application or to rectify deficiencies in proposed programs, or to detemine whether it may be necessay to modify or revoke a license in order to assure the protection of public health and safety, common defense and security, or the environment.

The application process requires that licensees and applicants perform a comprehensive review of their entire radiation safety and other programs appro-priate to the licensed activity, to assure that all activities will be or are being conducted safely and in accordance with NRC regulations. The review and submission of the infomation required on the application fom and additional statements are essential to NRC's determination of whether the ap)licant has training, experience, equipment, facilities, and procedures for tie receipt, use possession, transfer, or delivery of source or byproduct material that are adequate to protect the public health and safety, comon defense and security, and the environment. Depending on the complexity of the applicant's operation, the ccepletion of the infomation needed for this determination may require from thirty minutes to two hours of the applicant's time.

Section 40.31(f) requires that an application for a license to possess and use source material for uranium milling, production of uranium hexafluoride, comercial waste disposal by land burial, or for the conduct of any other acti-vity which the Comission determines will significantly affect the quality of the environment trust be filed at least nine months prior to comencement of construction of the plant or facility in which the activity will be conducted and shall be accompanied by an Environmental Report required pursuant to 10 CFR Part 51.

The NRC staff will review the infomation submitted by applicants to assure that it is complete and to consider and balance alternatives for the project in order to best protect the environment.

Facilities for uranium milling, production of uranium hexafluoride, comercial waste disposal, or the other act.tvities covered by this section are generally large and complex and have the potential to significantly affect the quality of the human environment.

NRC's consideration of environmental effects and balancing of alternatives for the project, as mandated by the National Environmental Policy Act of 1969, requires the submission by the applicant of a comprehensive and detailed environmental report.

4

This section refers to and requires the submission of infomation pursuant to 10 CFR Part 51.

The supporting information concerning the collection of the information, the burden imposed on respondents, and cost to the Government, is contained in the Supporting Statement for 10 CFR Part 51, OMB Clearance Number 3150-002), which should be referred to for information collection burden and supporting data.

_Section40.31(g)

The United States, as a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), has joined with other nations in an effort to limit the spread of nuclear weapons. To encourage widespread adharence to the NPT by non-nuclear-weapon States, which would be connitted to accept the application of safeguards administered by the International Atomic Energy Agency (IAEA),

President Johnson in 1967 announced that the United States would permit IAEA to a) ply its safeguards to nuclear activities in this country - excluding only tiose with direct national security significance.

This policy has been reaf-firmed by each succeeding President and has been referred to by other governerents as a consideration affecting their decision to ratify the NPT.

The instrument for applying IAEA safeguards in the United States is a fomal Agreement.

The US/lAEA Agreement contains provisions which parallel agreements between IAEA and non-nuclear-weapon States, the principal difference being the exclusion of national security activities.

Implementation of the Agreement requires the cooperation of NRC licensees, in accordance with 10 CFR Part 75 and amendments to 10 CFR Parts 40, 50, 70, 150, and 170.

Section 40.31(g) requires that, in response to a written request by the Comission, an applicant for a license to possess and use source material in a uranium hexafluoride production plant or a fuel fabrication plant and any other applicant for a license to possess and use more than one effective kilogram of source material should file with the Commission the installation infomation described in 10 CFR 75.11 on IAEA Form N-71.

The infomation includes a deceription of the general design of the installation in reference to flow of nuclear naterial, a description of features of the installation relating to material accounting, containment and surynillance, and a description of the existing and proposed procedures of the installation for nuclear material accounting and control.

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 75, Section 75.11.

The information will then be furnished to the IAEA.

This section refers to and requires the submission of information pursuant to 10 CFR Part 75 and 1AEA Fom N-71.

The supporting information concerning the collection of the information, the burden imposed on respondents, and cost to the Government, is contained in the Supporting Statements for 10 CFR Part 75, OMB Clearance Number 3150-0055, and IAEA Fom N-71, OMB Clearance Number 3150-0056, which should be referred to for infomation collection burden and supporting data.

_Section 40.31(h) requires applications for licenses to receive, possess, and use source material for uranium or thorium milling, or byproduct material at sites formally associated with such milling, to contain detailed programs for i

5

s meeting the criteria in Appendix A to 10 CFR 40.

This Infomation is necessary to allow NRC, pursuant to its obligations under the Atomic Energy Act of 1954, NEPA, and UMTRCA, to assure that licensed uranium milling operations are conducted so as to provide appropriate protection of the public health and safety, as well as the environment.

Infomation collection burdens and supporting data are provided below under the i

section on Appendix A.

Section 40.35(b) requires that persons licensed to manufacture or initially l

transfer industrial products and devices containing depleted uranium label or mark each unit to identify the manufacturer or initial transferor, the license number, the fact that the product or device contains depleted uranium, and the quantity of depleted uranium. The label must also state that the receipt, possession, use, and transfer of the product or device are subject to a general license or equivalent and the regulations of NRC or an Agreement State.

This labeling is needed to inform persons who may use, possess, or find such a product or device, that it contains depleted uranium and is subject to specified regulatory requirements.

Section 40.35(d) requires that licensees for such manufacture or initial transfer furnish a copy of the general license contained in Section 40.25 and a copy of NRC Form 244, or the equivalent general license and certificate from an Agreement State, accompanied by an explanatory note, to each person to whom source mdterial in a product or device is transferred for use pursuant to the general license.

These documents inform the user of the need to register and other requirements of the general license.

Section 40.35(e)

Sections 40.35(e)(1) and (2) require that the holder of a specific license to manufacture industrial products and devices containing depleted uranium under Section 40.34 must report to the Director of the Office of Nuclear Material Safety and Safeguards or to the responsible Agreement State agency, as appro-priate, all transfers of industrial products or devices to persons for use under the general license in Section 40.25 or the equivalent Agreement State license. The report must be submitted within 30 days of the end of the calendar quarter. Section 40.35(e)(3) requires that such licensees keep records for a period of three years showing the name, address, and point of contact for each such transferee, the date and quantity of depleted uranium in each product for each transfer, and compliance with the reporting requirements of Section 40.35.

The purpose of these requirements is to enable NRC or the appropriate Agreement State to identify the general licensee, to provide NRC licensing and inspection l

and Enforcement personnel, or those of the Agreement State, an individual by name who may serve as a point of contact between the agency and the general j

licensee, and to enable agency staff to detemine the location and quantity of such radioactive material to assist them in determining that protection of the health and safety of the public is being maintained.

Section 40.41(f) requires each licensee to notify the NRC by mail innediately following the consnencement of a bankruptcy proceeding by or against the l

6 3

i licensee. No action is required of a licensee unless and until a bankruptcy petition is filed.

Notification of the NRC in cases of bankruptcy would alert the Comission so that it may deal with potential hazards to the public health and safety po: led by a licensee that does not have the resources to properly secure the lic?nsed material or clean up possible contamination.

The infomation provided by the required notification would be used by the Regional inspection and licensing staff, in consultation with headquarters legal and program staff, to initiate a detemination ot' the need for prompt NRC response or regulatory action.

In addition, prompt notification would allow NRC to take timely and appropriate action in a bankruptcy pr3ceeding to seek to have available assets of the licensee applied to cover costs of site cleanup before funds are disbursed and become unavailable for cleanup.

Section 40.42(b? requires each holder of a specific license under Part 40 to notify the Consn'ssion in writing when the licensee decides to permanently discontinue all activities involving materials authorized under the license.

The requirement is necessary because previously NRC sometimes did not discover that a licensee had discontinued a licensed program, and perhaps even vacated the premises, until an inspection at the end of the five year license tenn.

The NRC needs to comunicate with the licensees on a timely basis regarding disposition of the licensed material and cleanup of the facility before the facility may be released for unrestricted use.

Submission of this report allows the hRC staff to comunicate with the licensee to detemine whether the licensee has materials on hand which must be transferred or othemise disposed of prior to expiration of the license and, if materials have been transferred or disposed of, to detemine whether transfer or disposition of the materials has been in accordance with NRC regulations.

This, together with other information, forms the basis for the detemination by NRC that the facility has been cleared of all radioactive material before the facility is released for unrestricted use.

Section 40.42(c)and (d) specify procedures for teminating licensee responsibility for nuclear materials and codifies information requirements pertaining to licensee temination.

Licensees are to submit a final radiation survey report to show radiological conditions at the nuclear facility, in those cases where it can be shown that there was no detectable contamination attributable to activities conducted under the license, a certification to that effect is to be submitted.

In those Cases where the radiation survey report indicates that levels of residual contamination are too high for unrestricted release, plans for decontamination are to be submitted.

The information is reviewed by the NRC licensing and inspection staff to ensure that there is no significant rish to public health and safety before a licensee's responsibility for nuclear materials is terminated.

Sections 40.43 and 40.44 require that applications for renewal of a license or amendment of a license be filed in accordance with Section 40.31.

The burden and cost data for these applications for renewal or amendment have been I

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s included in the supporting data for NRC Fonn 313. "Application for Material License," 0MB No. 3150-0120, which should be referred to for information collection burden and cost data.

Section 40.61 requires each person who receives source or byproduct material pursuant to a license issued under this part to keep records showing the receipt, transfer, and disposal of such source or byproduct material.

Section 40.61(a)(1) requires that records of receipt of source or byproduct material shall be retained as long as the licensee possesses the material and for three years following transfer or disposition.

Section 40.61(a)(2) requires that records of transfer be retained until the Comission teminates the license.

Section 40.61(a)(3) requires that records of disposal be retained until the Comission terminates the license.

Section 40.61(a)(4) provides that if source or byproduct material is mixed with other licensed material and treated in such a manner as to make direct correlation of receipt, transfer, export or disposition records impossible, the licensee may use evaluative techniques to make the records required by Part 40 account for 100 percent of the material.

Section 40.61(b) requires that if a retention period for records is not specified by the appropriate regulation or license conditions, the records are to be retained until the Comission terminates the license.

NRC licensees with 10 CFR Part 40 source material licenses range from licensees with small quantities of source material for research and development to major users such as uranium mills and UF6 production plants. The information collection and record retention requirements vary, correspondingly, from minimal for those licensees with small possession limits, limited programs and few material transfers, to substantial for UF6 production and uranium milling licensees.

The infomation contained in the records retained by the licensees is periodically examined by in; pectors from the NRC licensing and inspection staff to determine if the licensee has complied with the requirements of the regulations and specific license conditions.

Section 40.64(a) requires each licensee who transfers, receives, or adjusts the inventory in any manner by 1 kilogram or more of uranium or thorium of foreign origin, or who imports or exports 1 kilogram or more of uranium or thorium of any origin, to complete and distribute DOE /NRC Fonn 741, "Nuclear Material Transaction Repurt." This report is required in order for the United States to fulfill its responsibilities under the US/lAEA Safeguards Agreement.

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

One copy is sent to NRC by the shipper and three copies of the fom are required to be sent to the receiver no later than the following business day.

The receiver completes the form and sends one conpleted copy to NRC and one to the shipper within 10 days of receipt of the materiel.

The use of DOE /ND.C Fom 741, and its continuation page, Forn 741A, has been previously approved by OMB under clearance naher 3150 0003, which should be referred to for infomation collection burden and supporting data.

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1 f

Section 40.64(b) requires each licensee who is authorized to possess at any one time and location more than 1,000 kilograms of uranium or thorium, or any combination thereof, to submit to NRC within 30 days of September 30 each year a statement of the licensee's foreign origin source material inventory.

The infomation contained in the statement is placed in and maintained by the Nuclear Materials Management and Safeguards system (NMMSS), pursuant to the Comission's responsibility under Section 161 of the Atomic Energy Act of 1954, as amended, to establish such standards and instructions to govera the possession and use of special nuclear material, source material, and byproduct meterial, as it deems necessary or desirable to promote the core defense and security.

The response will take about two hours to prepare, but only one report per licensee is required per year.

To decrease tic tire by requiring less informa-tion would result in the deletion of essential infomation.

Section 40.64(c) requires that each licensee who is autherized to possess uranium or thorium pursuant to a specific license shall report promptly to the appropriate NRC Regional Office any incident in which an attempt has been made or is believed to have been made to comit a theft or unlawful diversion of more than 15 pounds of such material at any ent. time or 150 pounds of such material in any one calendar year. The initial report by telephone, telegraph, ma11 gram or facsimile must be followed up by a written report within 15 days.

Any additional infomation which the licensee subsequently obtains must be reported in writing.

The infomation submitted by licensees under this requirement is evaluated and maintained by NRC in order that the Comission 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 ccmon defense and security, protect health, and minimize danger to life or property.

While no such report has ever been necessary, any such report should take less than thirty minutes.

Section 40.65 Effluent monitoring reporting requirements in Section 40.65 require each licensee authorized to engage in uranium milling or the production of uranium hexafluoride to submit semiannual reports of the quantities of radioactive materials released to unrestricted areas.

If quantities released during the reporting period were significantly above design objectives, the licensee must cover that fact specifically in its reports.

The reports wi'il provide a struc-tured, timely and uniform basis for assessing the effectiveness of regulating releases of radioactive material from fuel cycle plants to the unrestricted areas by engineering design features and administrative controls. NRC Form 484, "Sample Fomat for Reporting Detection Monitoring Data." is provided to assist the licensee in reporting part of the ground-water monitoring data.

The purpose of the form is to highlight certain infortnation contained in the semi-annual reports submitted to NRC.

The fom does not impose any additional burden upon the li:ensee, but rather is provided to make reporting easier, j

9

Information on effluent monitoring reported by licensees since January 1976 has been reviewed by NRC licensing personnel to ascertain that the licensees' operations are consistent with commitments mada in applications for licenses, and to assess the radiation dose commitment to assure that licenser;'

operations are, and remain, within specified regulatory lic,ts and 1>.anse conditions, to assure protection of public health, safety, and the m!ironmenc.

Section 40.66 Section 40.66(a) requires that licensees authorized to export natural tranium, other than oro or residue, in excess of 500 kilograms, notify NRC in writing at least 10 days before transport of the shipment. Section 40.66(b) requires that the notification include information identifying the shipper, receiver and carrlar, describing the shipment, the itinerary and schedule, and a certification that arrangements have been made to notify NRC when the shipeent is received at the receiving facility.

Section 40.66(c) provides that a licensee may amend a notification by telephone.

The inforeation is furnished to the Department of State so it can notify countries through which the macerial passes, in accordance with the Convention provisions. The information will also be used by the NRC Safeguards staff to ensure that adequate physical protection of the nuclear material is provided during transport.

![ction40.67 Section 40.67(a) requires that licensees authorized to import natural uranium, other than ore or residue, in excess of 500 kilogrars, from countries not party to the Convention on the Physical Protection of Nuclear Material, notify NRC in writing at least 10 days before transport of the shipment.

Section40.66(b) requires that the notification include information identifying the shipper, receiver and tairier, describing the shipment, and the itinerary and schedule.

]

Section40.66(c)requiresthatthelicenseenotify(d)providesthatalicensee NRC when the shipment is received at the receiving facility.

Section 40.66 may amend a prior notification by telephone.

The information will be used by the NkC Safeguards staff to ensure that adequate physical protection of the nuclear material is provided during transport.

Appendix A 4

Appendix A to 10 CFR Part 40 requires all mill operators to develop and submit to the NRC definitive programs meeting specified criteria in five major 1

categories: technical criteria; financial criteria; site and byproduct material ownership criteria; long term site surveillance criteria; and hazardous constituents. This information is necessary in order to permit NRC to assure that licensed uranium milling operations are conducted so as to provide protection of the public health and safety, as well as the environment, as required by the Atomic Energy Act of 1954, NEPA, and UM1RCA (all as amended).

10

s Either NRC or the responsible Agreement State licensing authority will review the information submitted in order to determine if the proposed programs are adequate for the issuance or continuance of a license, and what conditions, if any, should be imposed.

The information required for new licenses is specific to the proposed site, facility design, and operating procedures.

Facilities for uranium milling can be large and ccmplex and have the potential to significantly affect the quality of the human environment.

NRC's consideration of environmental effects and balancing of alternatives for the project, as mandated by NEPA.1d UMTRCA, requires the submission by the applicant of comprehensive and detailed programs for meeting the criteria of Appendix A.

Criterion 8 of Appendix A requires that the licensee must check and record in a log hourly all parameters of the yellowcake stack emission control equipment operation, and retain the log as a record for three years.

Criterion 8A of Appendix A requires that the licensee make daily inspections of tailings or waste retention systems, and retain documentation of ths inspections as a record for three years. These records are reviewed by NRC inspectors to ensure that operations have been conducted safely and efficiently and within prescribed parameters and that corrective actions have been taken when needed.

Reduction of Burden Through Infomation Technology There are no legal obstacles to reducing the burcen associateo with this infomation collection. However, because of the types of infomation and the infrequency of submission, the applications and reporte do not lend themselves readily to the use of automated infomation technology for submission.

Effort to Identify Duplication The Federal Infomation Locator System was searched to determine NRC and other Federal agency duplication. None was found.

In general, infomation required by NRC in applications, reports, or records concerning the transfer, receipt, possession, or use of source or byproduct 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 infomation might also be contained in other infomation submittals to NRC or other Federal agencies. However, duplication, if any, is slight, and the collection of this infomation by use of specified foms and other required reports and records is 4

the most effective and least burdensome means of obtaining the infomation.

Effort to Use Similar Infomation There is no similar infomation available to the NRC.

Effort to Reduce Small Business Burden Some of the licensees who use source and byproduct material are small businesses. However, since the health and safety consequences of improper handling or use of radioactive source and byproduct material are the same for large and small entities, it is not possible to reduce the burden on small businesses by less frequent or less complete reporting, recor% eping, or l

accounting and control procedures.

I 11 l

l Consequences of Less Frequent Collection Required reports are collected and evaluated on a continuing basis as events occur. Applications for new licenses and amendments are submitted only once.

Applications for renewal of licenses are submitted every five years.

Infomation submitted in previous applications may be referer.ced without being resubmitted. The schedule for collecting the information is the minimum frequency necessary to assure that licensees will continue to conduct programs in a manner that will assure adequate protection of the public health and safety.

Circumstances Which Justify Variation from OMB Guidelines Contrary to the OMB Guidelines in 5 CFR 1320.6(f), Sectfon 40.9(b) requires that licensees submit a notification to NRC in less than thirty days from the date of identifying infonnation having significant irplications for the public health and safety or the comon defense and security and which is not covered by other reporting requirements. The requirenent to provide notification within two working days following the identification of the information is necessary to ensure that NRC is made aware of the significant safety infor-mation so as to take prompt effective action to orotect the public health and safety.

Section 40.25(d)(4) requires persons to report in writing to the NRC Director of the Division of Nuclear Material Safety, with a copy to the appropriate NRC Regional Administrator, within 30 days of any transfer of depleted uranium under the general license in Section 40.25(a), the name and address of the person receiving the source material pursuant to such transfer.

This require-ment is needed in order to inform the NRC staff of the persons who possess depleted uranium products so that inspections may be made of general licensees to detemine compliance with the terms and conditions of the general license.

Section 40.26(c)(2) requires that persons receiving title to owning, or possessing byproduct material (mill tailings or wastes) under the general license established in Section 40.26(a) document the daily inspections of tailings or waste retention systems and immediately notify the NRC Regional Office or the Division of Low-Level Vaste Management and Decomissioning at NRC Headquarters, of any failure in a tailings or waste retention system which results in a release of tailings or waste into unrestricted areas, and/or of any unusual conditions which could lead to failure of the system and result in a release of tailings or weste into unrestricted areas. The imediate notifi-cation will be used to trigger the establishment of direct comunications with t

the licensee to detemine the need for followup emergency response, cleanup and decontamination activities and standards, and also later failure analysis.

Contrary to the OMB Guidelines in 5 CFR 1320.6(f). Section 40.41(f) requires that licensees submit a notification to NRC in less than thirty days from the date of filing of a petition in bankruptcy. The requirement to provide notification promptly following the filing of the petition is necessary to ensure that NRC is made aware of the bankruptcy so as to take effective action to protect the public health and safety. Allowing a period of thirty or more days to elapse might preclude NRC from becoming aware of the licensee's distressed financial circumstances in time to prevent the development or 12 s

i aggravation of a potential hazard to the public. Moreover, the United States Code contains requirements regarding notification of creditors in bankruptcy.

Section 40.41(f) would require one additional notification. Notifying NRC promstly after the filing of the petition would in fact be less of a burden on the aankrupt than a separate notification later in the proceedings.

Section 40.64(a) requires licensees to complete and distribute DOE /NRC Form 741, "Nuclear Material Transaction Report." One copy is sent to NRC by the shipper and three copies of the form are required to be sent to the receiver no later than the following business day. The receiver completes the form and sends one completed copy to NRC and one to the shipper within 10 days of receipt of the material.

The requirement to transmit the form in less than 30 days is necessary in order to ensure that NRC is kept infomed of the location of nuclear raterial in order to carry out its responsibilities to promote the common defense and security and its responsibilities pursuant to tie US/IAEA Safeguards Agreement.

Section 40.64(c) requires that licensees report promptly to the appropriate NRC Regional Office any incident in which an attempt has been made or is believed to have been made to comit a theft or unlawful diverJion of more than 15 pounds of such material at any one time or 150 pounds of such material in any one calendar year. The initial report by telephone, telegraph, r,ailgram or i

facsimile must be followed up by a written report within 15 days. Any additional information which the licensee subsequently obtains must be reported in writing.

It is necessary to require these reports in less than 30 days in order to permit the NRC staff to implement prompt action 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.

Consultations Outside the NRC There have been no consultations outside the agency since the previous clearance of thest infonnation collection requirements.

Confidentiality of Information None, except for proprietary information.

Sensitive Questions None.

13

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Estinate of Canpliance Bur /g

. Reporting Requireinents No. of Hours Total Annual Section Responses Annually Per Submittal Burden (Hrs) 40.9(b) 35 1

35 40.23 45 1

45 40.25(c)

- See NRC Form 244, OM8 Clearance No. 3150-0031 i

40.25(d)(3)

- See NRC Form 244, OMB Clearance No. 3150-0031 40.25(d)(4) 2 0.5 1

40.26(c)(2) 1 2

2 i

40.26(d)

- Included under Appendix A, below l

40.31(a)

- See OMB Clearance No. 3150-0120 40.31(b) 75 2

150 40.31(f)

- See OMB Clearar.:e No. 3150-0021 40.31(g)

- See OMH Clearance Nos. 3150-0055 and 3150-0056 40.31(h)

- Included under Appendix A, below l

40.35(b) 1,000 1

1,000 40.35(d)

- See NRC Fonn 244, OMB Clearance No. 3150-0031 j

40.35(e) 2 0.75 1.5 40.41(f) 1 0.5 0.5 a

40.42(b) 30 0.5 15 l

40.42(c)&(d) 15 8

120 1

40.43

- See OMB Clearance No. 3150-0120 3

40.44

- See OMB Clearance No. 3150-0120 40.64(a)

- See OM3 Clearance No. 3150-0003 l

40.64(b) 180 8

1,440

]

40.64(c) 0 0.5 0

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a Reporting Requirements (continued) 40.65 60 15 900 40.66

- Included in 40.23, above 40.67

- Included in 40.23, above Appendix A 60 40 2,400 i

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j TOTAL 1,506(300 respondents) 6,110

)

Recordkeeping Requirements l

j Annual Hours Total i

No. of per Recordkeeping Section Records Record Hours 1

40.26(c)(2) 365 0.5 5,475 l

40.35(e)(3) 0 0.3 0

i 40.61 8,000 0.1 800 Appendix A 3

40 3,600 i

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Total Number of Recordkeepers:

300 Total Record Keeping Hours Annually:

9,875 TOTAL ANNUAL BURDEN HOURS:

15,985 1

4 1

NRC Foms 244 and 484 i

l No of Hours Total Annual Responses Annually Per Submittal Burden (Hrs)

NRC Fonn 244 3

1 3

NRC Form 484

- Included in 40.65, above J

I 15 i

.~

.. -..,, _ _ =.

s Estimated Cost to Public to Respond Section Cost to Respond 40.D(b 52,100 40.23

$2,700 40.25

- See NRC Form 244, OMB Clearance No. 3150-0031 40.25

- See NRC Form 244, OMB Clearance No. 3150-0031 40.25

$60 40.26

$328,620 40.26

- Included under Appendix A, below 40.31

- See OMB Clearance No. 3150-0120

](

$9,000 40.31

- See OMB Clearance No. 3150-0021 40.31 40.31

)

- See OMB Clearance Nos. 3150-0055 and 3150-0056 40.31 g

- Included under Appendix A, below 40.35 J

$60,000 40.35

- See NRC Form 244, OMB Clearance No. 3150-0031

~

40.35 e/

$90 6

$30 40.41 4

40.4;h,.

$900

40. M l'.4)

$7,200 40.42

- See OMB Clearance No. 3150-0120 40.44

- See OMB Clearance No. 3150-0120 40.61

$48,000 40.6a

- See OMB Clearance No. 3150-0003 40.64

$86.400 40.64 0

40.65

$54,000 40.66

- Included ia 40.23 j

40.67

- Included in 40.23 Appendix A

$360,000 TOTAL

$ 959.100 NRC Forn 244

$180 l

NRC Form 484

- Included in 40.65 Source of Burden and Cost Data and Methe! of Estimating Cost The estir,ates are basad on suomittals to NRC in past years. Cost to i

i licensees and applicants is calculated at a rate of $60,00 per hour.

This figure inclutas both salaries and overhead.

Reason for Change in Burden 1

The increase in the burden estimate is the result of the requirement In Section 40.26(c)(2) for documenting and maintaining records of daily inspections of waste retention facilities so as to detect and avoid failures of such systems which might result in a release of uranium mill tailings or waste into unrestricted areas.

In addition, there is an increase resulting from Criterion 8 of Appendix A, which requires a licensee to maintain records c.f hourly checks of emission control equipment operation ir order to ensure that operations have been conducted safely and efficiently and within prescribed parameters, and that corrective actions have been taken when needed.

16 4

s e

Estimate of Cost to the Federal Government Annual Cost - NRC Staff Review (Professional effort - 3891 hours0.045 days <br />1.081 hours <br />0.00643 weeks <br />0.00148 months <br /> 9$60/hr)

$233,460

=

for activities other than application review and handling of other reporting fonns which are reported to OMB under other clearances as cited in the preceding burden table.

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• NRC PORM 344 UA NUCLEAR i: EQUI.ATORY COMMIS810N APPROVED BY OMO (1043) 31804030 10CP R 40 REGISTRATION CERTIFICATE-USE OF DEPLETED URANIUM UNDER GENERAL LICENSE Section 40.25 of 10 CFR Part 40 establishes a generali,cenu authorizing the use of depleted urantum contained in industrial products or devices for mass-volume applications.This NRC Form 244 shall tw submitted within 30 day: after the first receipt er acquisition of such depleted uranium.

3, I hereby fue NRC Form 244 pursuant to 6 40.23 of 10 CFR Part 40, for use of depleted uranium contained triindustrial products or devices for masa volume appbeations.

4. To be completed by the Nuclear Regulatory Cornmission.

INSTRLCIONS

1. Submit this form in tripheate to:

FILE NUMBER:

U.5, Nuclear Regulatory Commission Director of InsFction and ::nforcement Washington, D.C 20535 flese this ucace stank-number to se moned by NRC)

2. Please print or type the name and address (including ZIP code) l l

l of the registrant for whom this form la filed. Position the first letter of the address telow the left dot and do not estend the address beyond the right dot. (At NRC, a Ge number mill be sasigned and a copy of NRC Form 244 mill be returued.)

5. Name and/or title, address, and telephone number of the indmdual duly authortred to act for and on behalf of the registrant in supersising the procedures identified in 10 0 R 40.25tcHIHiii.

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6. Certifwat6on I hereby certify that:

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a. AU information in this registration cert:4;ste is true and complete.

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b. The registrant has developed aM mal maintain pro,edures designed to estabbsh phy xal centsol over the depleted uranium desceitwd in 10 l

CTR 40.25(a) and dessned to present transfer of such depleted uranium in any form, including metal setap, to persons not authortred te receite the depleted urantum,

c. I understand that Commission regulations requite that any changes in infoemation furrushed by a registrant on this regisustion certifwate be reported in writing to the Director of Inspection and E nforcement within 30 da> s af ter the effectiv e date of such change.

d. I understand that the regntrant ta required to comply math the provisions of Sectaon 40.25 of the NRC's regulation 10 CFR Fart 40 treptnted l

on the reverse ude of this form) mith tespecs to alldepleted uranium thkh ti,e reg strant receives, acquires,uses,or transfers under the general bcense for thk'n this registration certifkate la fUed with the Nuclear Regulatory Corntnimon.

DATE:

BY:

($$notu e or person ta,ng form) r tPronted name and tars of person ra,og forms WARNING: 18 US.C.. Secten 1001. Act of Ane 25,1948. 62 stat. 749, makes it a criminst of f ense to make a waifwity f aise statement rv representaten to any department ce agency of tne United States as to any matter within its jurisdiction.

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e U.S. NUCLE AR R t0VLATOR Y CMeditesOes m,,o u a Aparewes >v Case

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