ML20195C725

Request for OMB Review & Supporting Statement Om 10CFR150 Re Exemptions & Continued Regulatory Authority in Agreement States & in Offshore Waters Under Section 274.Estimated Respondent Burden Is 150 H

ML20195C725
Person / Time
Issue date:	06/10/1988
From:	Mcdonald W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:
References
OMB-3150-0032, OMB-3150-32, NUDOCS 8806220265
Download: ML20195C725 (11)

Text

y; PDk 83-

,(

~ ~

Request for OMB Review-smopog 00::'tifiedi

((h _,

if"r J 'ict t r ot n * *,2 wr e SF 8 i Se-a toero (epm.s et ;c s iY-r he inu.v _

7

.N r-t..c C

4 fe.;e e e-d we, o u ce c a:e'ww-three e ca es c' t's suo?ortir'g stau-#r? '-

a

-i ps,.

1.

'me:,t r:. H re. -,. v ee< E O O!!=ce c' hicemat or ar: Reguatery AH,m3 i

1 s-a..

3 i2;.

~. i t

.WC #,

'J ;y s 11 t*u Cf' C'* C' M39dsP"'er'I d ec :Lcget

~

- w. T.:.v. t w: AcaN 5 CFF

- A!!M 0" 00Ch et L Dra's 'iw 3201 e

~tr-.

.4 e " < s pe, s t

• cac,

.hr mor', DC 2003 b

PARI 1. -Corapt.. Trus Part for AH Hequests.

s-i-

u-

-+-

~s

. ar c. a :,

1. r. -

U. S. Nuclear Regulatory Commission i

3 1 5.0 3-w n...y.....w 1,,, w, w Richard H. Gramann

< 3_01 4 9 2._0_4,5_6.._

1 _ 't x

i Exemptions and Continued Regulatory Authority in Agreement States 10 CFR Part 150 and in Offshore Waters under Section 274 r

a

.L _ w m.-

e:. ns.xa %~a,a:.

n e 0 :r ;

s 42 2201(o) _ _

4 E _- r.. ne a nevn or e-enee 6'.

,:

• es s

r,~ w ustuen 9

?.K $~ a. cus# esses y per me*s J'"n.

+.

4 "X e a epa e, "

50 ;ntt I

CAR T U -Cc.mpete Tnts Part On'y it the Request is for OMB Review Under Executive Order 12291

7. %

',c..

A :s i

- _. ___ ___. _. v. No^e auf*ed L.

N Type ct reurew requested O. 5 M e-Srne ci ce weapment 1~>:

3.,

.._ Pa: :vc2:

2._ Fr : g

. r s_,. 7

-t,.-;,m 3 __ t e.ge,.:,

.1 3

F J

• 'e*,* f /J. A d*/A' ( *O ?f t:r5E d

$'r_IO?y O' JudCA? 0933?e 9np

.c,

_n_

--;r;

. ~. - - ~.

M:m 4,;

t:

.e e: w v = "+ m ? O '.* B 3.

.a. uner

• e D.v:*w s cuc'en Ar e

v.

_ n; i

2&er 7, v es

.o it."e~

e-t w _

+-

r3u <

j r.,

3_

n 4dv j

Cert +caton for Reg laterr $wbmissiens c.

.~

>.+,,.<u-

e wes, w m:, c gr :

s' uc *, ve s ewrn-s c E : ;;:9: c

e. ac;. a t o

a:

a...n-

, os:e ig w :

i

! cro 8806220265 880610 r

u, n 3..,,-

PDR ORG EUSOMll PDR 3i.....

s3 a. 4e4 e

I a_i e#

m

,~w i' a: e i* :, <

t

e FART l't _ Cemplete This Part Only if the Pequest is f or Approval of a Co'!cction j

of information Under the Paper vork Reduqtion Act and 5 Cf H 1320.

c :a. m 2.-

-n u,

w l

.i e n

.n l

"Nuclear Facilities, Nuclear Material Accounting, Radiation Safety" l

10 CFR Part 150 provides certain exemptions from NRC regulations for persons in Agreement States.

Part 150 also defines activities in Agreement States over which NRC regulatory cuthority continues, including certain information collection requirements.

t,

,cr v.

c-r,-u w n e-l

.iL-,'.

c c--

.c:,, i -tmw r.:es 1

e, w e < >,, u-e nr.,- o,- m,. 3 ;

j

.X t.

e:.

er<>

-n

- - st 3,- e y,

a.,

l 1

,e l

s.

1

_.. ~..

ss-s._ c n.

n.

s, 3::,e:

ev w aemu c

~

..X i x.

c:-

wo..t c.

9:o ne n e e v v,,..e, :

.... - c m.c :

...~

1, t 3'

J.

'J

" *: i-2.

ht '

'f*3 2 4 :* /

• t. s J J ". J J $ J, ;,,

5 None

-- 4 a.-

va.

5 100 X

~

. a 0.63

r. 7 y

, y.., v.

63 2.38

.c

~

=&

150 23 ne w em:.n;, ;

,u m c s,c. s e,m,; '

=

. -u 3 e

a.

1

e

• f t ;.r g sentn

e.

et

- 'X as.

.n._._ee

- w.

,ea s.

3_

r 2 '-3 r- -

r a _. m....,

... ; g y 15_0 3

_y..,,

150 0

}p.,,

t w.

. <. Lev.e

_. se 2

• r

~ -

+ _. c: n es: w

~.

c. :

.a,

.,.. ;< s:. :, ea-r~a, aw e,)

3150-0032 3 years from approval date

[f I$J '

"J

.*9 3 X..,..

.c, ee-

ra

. r.

ce s' [ ves 3) No

~

l

-..m.. :

r a 3 3,, s

, D l

._ Y e s

- - - - ~. - - -

\\

w-. -

10

.._ Part.15.0__._ _ ____

t=

. r rec. *, -

l

(

4, c.n..... a. w

• • p:e*y g

• • - e ;.

• a-

• r*p

• -'p-s y ) (CQ:: tQ

.t p,s g.2 - p,* ~e , + - w g 1 -

• iC"**'

t: A .'t' s;

• s'r
• ~.

"i e 3IT i f J

re

.<. -. m 4 Hilliam G. Mcdonald, Director / l / m M / ( Wy% (,//c/d Office of Administration and R sou 's tianagement -r - 453. w.

4 ~? SUPPORTING STATEMENT FOR 10 CFR PART 150, EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSH0RE WATERS Description 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. Informa-tion concerning the application, recordkeeping, and reporting requirements imposed by specific sections is provided below. A. JUSTIFICATION 1. Need for Collection of Information. Section 150.16(a) 10 CFR Section 150.16(a) requires each Agreement State licensee who transfers or receives special nuclear material to complete and distribute a DOE /NRC Form 741 whenever he transfers or receives a quantity of special nuclear material of 1 gram or more of contained uranium-233, uranium-233, or plutonium. This report is required in order for the United States to fulfill its responsibilities under 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-by OMB under clearance number 3150-0003, which should be referred to for information collection burden and supporting data. Section 150.16(b) 10 CFR 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 to possess has been made or is believed to have been made. The information submitted by licensees under this requirement is evaluated and maintained by NRC in order that the Commission may carry out its responsibility under the Atomic Energy Act of 1954, as

o g. 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. Section150.17(g} 10 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 1 kilogram or more of uranium or thorium of foreign origi ! or who imports I kilogram or more of uranium or thorium of any origin to complete and distribute 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, l has been previously approved by OMB under clearance number 3150-0003, which should be referred to for information collection burden and supporting data. Section 150.17(b) 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 kilogrnms of uranium cr thorium, or any combination of uranium or thorium, to submit to NRC within 30 days of September 30 of each year a statement of his source material inventory. The information contained in the statement is placed in and maintained by the Nuclear Materials Management and Safeguards System (NMMSS), pursuant to the Con. mission'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, ar.d oyproduct material, as it deems necessary or desirable to proaote the common defense and security. Section 150.17(c) 10 CFR Section 150.17(c) requires each licensee who is authorized to possess uranium or thorium pursuant to a specific license to report promptly to the appropriate NRC Regional Office any incident in which-an ottempt has been made or is believed to have been made I I ---,,,7-. ,,_y- , ~ - -, - -

. to commit a theft or unlawful diversion or more than 15 pounds of such material at any one time or 150 pounds of such material in any b one calendar year. The information submitted by licensees under this requirement is 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, an minimize danger to life or property. Section 150.17a 10 CFR Section 150.17a requires that each person who, pursuant to an Agreement State license, is authorized to possess source material in amounts greater than one ef fective kilogram (except in ore processing) is subject to the provisions of Part 75 of Commission's regulations. Part 75 requires, among other things, that the applicant file with + the Commission: the identification of the installation; a description i 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 installatf.on for nuclear material accounting and control. This information must be filed at least nine months prior to the date the applicant desires to receive the source material (or earlier upon request by the 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 staft will review the information submitted by applicants to determine if it is complete and meets the requirements set out in 10 CFR Part 75, Section 75.11. The information contained in the report is placed in and maintained by the Nuclear Materials Management and Safeguards System (NHMSS), pursuant to the Commission's responsibility under Section 161 of the Atomic Energy Act of 1954, as amended, to establish such standards and instructions to government 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.

. Section 150.19(c) 10 CFR Section 150.19(c) requires that each person who, pursuant to an Agreement State license, is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office any incident in which any 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 100 curies of such material in any one calendar year. The information submitted by licensees under this requirement is 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. Section 150.20(b)(1) 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 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 (revised) has been previously approved by OMB under clearance number 3150-0013, which should be referred to for information collection and supporting data. Section 150.31(b)(1) 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 provisions of Appendix A of 10 CFR Part 40 pertaining to ownership of such byproduct material and disposal sites for such material. The compliance burden for Section 150.31(b)(1) is attributable to Appendix A of 10 CFR Part 40, which has been approved by OMB under clearance number 3150-0020, which should be referred to for information collection burden and supporting data.

. 2. Agency Use of Information The reports described in 150.16(a), 150.17(a), 150.17(b), and 150.17a contain data that 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 acccrdance 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 Through Information Technology NRC and the Department of Energy (00E) jointly utilize a Nuclear Materials Management and Safeguards System (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 i.scordance with prevailing regulations or contractual obligations. The licensee is thus able 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 is required.' 4. Ef fort to Identify Duplication 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 also 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. 5. Effort to Use Similar Information The information collected is not available from any other Federal program.

= ~ g, it 6. Effort to Reduce Small Business Burden Burden on licensees will vary with si7.e 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. 7. Consequences of Less Frequent Collection If the requested information is collected less frequently, the NRC would be unable to have current knowledge of location of nuclear materials as is required by the Atomic Energy Act of 1954, as amended. 8. Circumstances which Justify Variation From OMB Guidance Contrary to OMB guidelines in 5 CFR 1320.6, respondents are required to submit 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 the Agreement State license. Multiple copies are required to report proposed activities in Non-Agreement States to one or more NRC Regional Offices, the NRC State Program Office, and the State Health Department. 9. Consultation Outside of the 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. 10. Confidentiality of Information Some proprietary information may be included when necessary to provide adequate response. An application to withhold such information from public disclosure may be made, and would be disposed of, in accordance with the provisions of 10 CFR 2.790. If any of this information is particularly sensitive, a request may be made that such information not be transmitted to the IAEA; such a request must refer to, and conform with, 10 CFR 74.12.

e-r: . 11. Sensitive Questions. None. 12. Estimated of Cost to the Federal Government Annual Cost - NRC Staff Review (Professienal effort - 5 min / report @ $60/hr) $ 1,210 = Aunual Cost - Clerical Processing (Clerical effort - 60 min / form @ $60/hr) = Annual Administrative Costs (Postage, Handling, envelopes,etc.) 140 = Annual Cost for Record Holdings =- Annual Printing Costs 140 = Annual Cost for Storage of Forms in NRC Supply ($2.10 per 1,000) 2 = Annual ADP Cost = TOTAL ANNUAL COST $ 1,492* l "NRC and DOE share the cost of operating the Nuclear Materials Management and Safeguards System (NMMSS). Current and projected NRC cost of the system is: FY 88, $1.1 million. This cost is attributable to these 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). I

8-13. Estimate of Burden. a. Estimated Hours Required to Respond to the Information Requirement No. of Licensee Staff Hours Total Annual Section Response Annually Per Submittal Licensee Burden (hrs) 150.16(a) See OMB Clearatice No. 3150-0003 150.17(a)_ 150.16(b) 150.17(c) 3 10 ~30 150.19(c) 150.17(b) 60 2 120 150.17a Although Agreement State licensees are eligible and on the IAEA selection list, none have been selected and there are no plans by the IAEA to select any at this time. 150.20(b)(1) See OMB Clearance No. 3150-0013 150.31(b)(1) See OMB Clearance No. 3150-0020 TOTAL 63 T6T~ b. Estimated Annual Cost Section 150.16(a),150.17(a) See OMB Clearance No. 3150-0003 150.17(b) The annual cost to each respondent to comply with this requirement is estimated to be $120. The total annual cost to all affected licensees is estimated to be $7,200 (60 respondents x 2 hrs x $60 per hour). 150.16(b),150.17(c) The expected annual cost for reporting one incident for all licensees is 150.19(c) estimated to be $1,800 (3 respondents x 10 hrs x $60 per hour). 150.17a No Agreerent States have been selected to date and no plans by IAEA to select at this time.

= .o. ~f .g. i i 150.20(b)(1) See OMB Clearance No. 3150-0013 150.31(b)(1) See OMB Clearance No. 3150-0020 c. Source of Burden Data and Method of Estimatino Burden This data is based on informal consultations by the staff with a small number of typical licensees and analysis of actual submissions of reports in CY 1983. Cost data is based on i $60 per hour. 14. Reasons for Change in' Burden No change has occurred since preparation of last clearance. f 15. Publication for Statistical Use None i I l P E i t I f ,}}