Text

Notice of OMB Review of Info Collection & Solicitation of Public Comment Re 10CFR81, Standard Specifications for Granting of Patent Licenses, Under OMB Approval Number 3150-0121
	ML20199E901
Person / Time
Issue date:	12/31/1998
From:	Shelton B; NRC
To:	;
References
	OMB-3150-0121, OMB-3150-121, NUDOCS 9901210118
	Download: ML20199E901 (15)
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U.S. COMMISSION REGULATORY COMMISSION Agency Information Collection Activities: Submission for OMB Review: Comment Request l

PUBLIC DOCU AGENCY: U.S. Nuclear Regulatory d$di$$on (NRC)

W JAN -5 P3:16 ACTION: Notice of the OMB review of information collection 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 Paperwork Reduction Act 1995 (44 U.S.C.

Chapter 35).

l Information pertaining to the requirements to be submitted:

1. The title of the information collection: 10 CFR 81, Standard Specifications for Granting of Patent Licenses.

2. Current OMB approval number: 3150-0121.

3. How often the collection is required: Application for licenses are submitted once. Other reports are submitted annually or as other events reouire.

4. % ^.;is required or asked to report: Applicants for and holders of NRC i licenses to NRC inventions. b

5. The number of annual respondents: 0

6. The number of hours needed annually to complete the requirement or request: 35 hours4.050926e-4 days 0.00972 hours 5.787037e-5 weeks 1.33175e-5 months ; however, no applications are ant!sipated during the q next three years. U d

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7. Abstract: 10 CFR Part 81 establishes the standard specifications for the /

issuance of licenses to rights in inventions covered by patents or patent l

l applications invested in the United States, as repre.sented by or in the l

custody of the Commission and other patents in which the Commission has legal rights.

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9 Submit, by (insert date 60 days after publication in the Federal Reaister), comments that address the following questions:

1. Is the proposed collection of information necessary for the NRC to properly l

perform its functions? Does the information have practical utility?

2. Is the burden estimated accurate?

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

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

l of automated collection techniques or other form of information technology?

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A copy of the draft supporting statement may be viewed free of charged at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc.aov/NRC/PUBLIC/OMB/index.html).

The document will be available on the NRC home page site for 60 days after the signature date of this notice.

l 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 BJS1 @ NRC. GOV.

l Dated at Rockville, Maryland, this 1 ',-I day of du, i 1998.

For the Nuclear Regulatory Commission.

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Brenda Jo. Shelton, NRC Clearance Officer Office of the Chief Information Officer l

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U 2 h ce. f i DRAFT SUPPORTING STATEMENT FOR l 10 CFR PART 81 l STANDARD SPECIFICATIONS FOR THE GRANTING OF PATENT LICENSES I

(3150-0121)

~ EXTENSION l

Description of the information Collection PUBLIC DOCUMENT ROOM l

Section 81.20(a)(5) Non-exclusive license hokjgrs agrsquirp4 t4 Submit periodic reports, at least annually, on efforts to bring the invention to a point of practical application and the extent to which license holders continue to make the benefits of the invention reasonably accessible to the public.

Section 81.32(a)(2) NRC inventions may be available for the grant of limited exclusive licenses to responsible applicants who will make its benefits practically applicable and, publicly accessible. The length of the license will be negotiated (but will not exceed 5 years) and include :

a period of exclusivity specified in it, which relates to the period necessary to provide a l reasonable incentive for the licensee to invest the necessary risk capital to make the invention practically applicable. The license cannot be extended unless the Commission determines based on a written submission supported by a factual showing that a longer period is necessary to permit the licensee to enter the market and recoup the investment in making the invention publicly accessible and reasonably available for the granting of non-exclusive licenses under

@81.20. Under that provision, the licensee may have a nonexclusive license if the licensee continues to make the invention publicly accessible.

Section 81.32(a)(8) The license can be extended to wholly owned subsidiaries of the licensee but cannot be assigned or transferred without Commission approval, unless assignments are made upon Commission notice to successors of the licencee's business.

Section 81.32(a)(9) Exclusive licensees can issue sublicenses only upon Commission approval. Such a sublicense or assignment is subject to the terms and conditions of the exclusive license, including all rights retained by the Government, and a copy of each sublicense or assignment must be provided to the Commission.

Section 81.32(a)(10) A holder of an exclusive license to NRC inventions must submit periodic reports on efforts to achieve practical application of the invention and the extent to which a holder continues to make the benefits of the invention reasonably accessible to the public.

Section 81.32(a)(12) Before modifying or revoking any license under this subpart, the-Commission will mail to the licensee and any sublicensee at the last address filed with the Commission a written notice of the Commission's intention to modify or revoke the license. The licensee and any sublicensee is then given 30 days after the notice is mailed, or within any period granted by the Commission, to remedy any breach of covenant or agreement in paragraph (a)(11)(iv) of this section or to show cause why the license should not be modified or revoked.

, Section 81.32(a)(13) An exclusive licensee has the right to sue at its own expense any party l who infringes the rights included in the license and the licensed patent. Upon consent of the Attorney General, the licensee may join the Government as a complainant in such suit, but

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r l without expense to the Government so that the licensee shall pay costs and any final judgment or decree that may be rendered against the Government in such a suit. The Government has an absolute right to intervene in any such suit at its own expense. Upon request, the licensee is I obligated to promptly supply to the Government copies of all pleadings and other papers filed in l any such suit, as well as evidence from proceedings relating to the licensed patent. If, as a result of any such litigation, the patent is declared invalid, the licensee has the right to surrender the license and be relieved from any further obligation thereunder. !

Section 81.32(a)(14) A licensee can surrender the license any time before termination of the i

license upon notice to the Commission and approval of the Commission, but the licensee will l not be relieved of the obligations thereunder without Commissicn approval.

Section 81.40 Applicants for exclusive and non-exclusive licenses to NRC inventions are required to provide information which may provide the basis for granting the requested license.

A. JUSTIFICATION

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

NRC needs the information requested to determine whether NRC inventions should be i made avai!able to applicants desiring to practice the invention and to make its benefits reasonably accessible to the public. The application for an exclusive or non-exclusive license ( 81.40) is reviewed by the NRC patent counsel to determine whether a license may be granted and whether it should be granted to the applicant as requested. Failure to collect this information would prevent the NRC from insuring that NRC patents are properly issued under license to and used by the licensee as authorized by Section 156 of the Atomic Energy Act of 1954. as amended.

2. Aaency Use of Information. In order to determine whether the NRC grants a license or continues it in effect, either as an exclusive license (@81.32) or a non-exclusive license

( 81.20), the NRC needs and uses information on invention and patent number; the applicant's identity and citizenship; the applicant's business; the purpose for which the license is desired and the field of use in which the applicant intends to practice the invention; and the geographic area in which the applicant will practice the invention.

Other mcidentalinformatica is also required. Additionalinformation regarding the applicant's identity, location and ability to develop the invention and use the rights which may be granted are required of an applicant for an exclusive license ( 81.40). Periodic reports are then required of licensees to nnsure that the license is being used in the manner previously intended (o 81.20(a)(:i) and 81.32(a)(10)).

The NRC needs and uses the information required under @ 81.32(a)(8) and Q 81.32(a)(9) which covers license extensions, sublicensing assignments and transfers; under @ 81.32(a)(10) for review by the NRC patent counsel to determine the advisability of extending the term of a license, to keep track of any transfer of the license, and to ensure the licensee's continued qualification for the exclusive license: under

! 81.32(a)(12) on modifications and revocations; under 81.32(a)(13) on patent l infringement suits; under Q 81.32(a)(14) on surrendering licenses to allow the NRC to l perform its license monitoring functions, to permit revision or revocation of the license when appropriate, to be kept informed of any litigation concerning the licensed patent, t and to maintain the agency's licensing records.

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3. Reduction of Burden Throuah information Technoloay2 The sporadic nature and extremely small potential frequency of submissions prohibits the efficient use of information technology. However, there are no legal or administrative obstacles to its l use if so desired by any respondent.

I l 4. Effort to identify Duplication and Use Similar information. The requirement to submit reports pursuant to @@81.20 and 81.32 does not duplicate or overlap other information collections by the NRC or other Government agencies. Some of the information required in an application for a license (@ 81.40) may be available as a result of other Government collections of information. For example, an applicant for an exclusive or non-exclusive license may be identified in otner Government records a ; a small business or a minority business enterprise. However, the remainder of the information to be collected is unique to the NRC patent and its licensed use. The information l

needed to determine if the NRC should grant or continue a license is not collected by i any other Government agency in a readily usable form.

5. Effort to Reduce Small Business Burden. Currently there are no applicants or ;

exclusive /non-exclusive licensees. l

6. Conseauences to Federal Proaram or Policy Activities if the Collection is Not Conducted or is Conducted Less Freauentiv. The collection frequency contained in these requirements is deemed the minimum necessary to achieve the objectives of the requirements.

7. Circurnstances Which Justifv Variation from OMB Guidelines. Th9 requirements under

@@ 81.20,81.32, and 81.40 conform to the OMB Guidelines in 5 CFR 1320.6.

8. Consultations Outside the NRC. An opportunity to comment on the information collection contained in Part 81 has been published in the Federal Reaister.

9. Payment or Gift to Respondents. Not applicable.

10. Confide itiality of Information. The NRC provides no pledge of confidentiality for these collections of information.

11. Justification for Sensitive Questions. No questions of a sensitive nature are asked under these requirements.

12. Estimated Burden and Burden Hour Cost. As under paragraph 14 below, no reports are anticipated under these requirements. If they were submitted, the total anticipated burden and costs to a respondent are 35 hours4.050926e-4 days 0.00972 hours 5.787037e-5 weeks 1.33175e-5 months or $4,235 (at $121 per hour). Burden and costs are broken out as follows:

a. The estimated annual burden pe response for--

l licensees under 9 81.20 is estimated to be 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s:

l licensees under @ 81.32(a)(2) is estimated to be 5 hours5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months ; licensees under @ 81.32(a)(8) is estimated to be 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s:

licensees under 81.32(a)(9) is estimated to be 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months ; I

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l licensees under @ 81.32(a)(10) is estimated to be 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s:

i licensees under @ 81.32(a)(12) is estimated to be 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months ; licensees under 81.32(a)(13) is estimated to be 9 hours1.041667e-4 days 0.0025 hours 1.488095e-5 weeks 3.4245e-6 months ; licensees under 81.32(a)(14) is estimated to be 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months ; and licensees under 81.40 is estimated to be 6 hours6.944444e-5 days 0.00167 hours 9.920635e-6 weeks 2.283e-6 months ,

b. The estimated annual cost per response for--

l licensees under 81.20 is estimated to be $240.00; licensees under 81.32(a)(2) is estimated to be $600.00;

! licensees under Q 81.32(a)(8) is estimated to be $240.00; licensees under G 81.32(a)(9) is estimated to be $360.00; l

! licensees under 81.32(a)(10) is estimated to be $240.00; j

! licensees under @ 81.32(a)(12) is estimated to be $240.00; licensees under 81.32(a)(13) is estimated to be $1.080.00; licensees under 81.32(a)(14) is estimated to be 480.00; and licensees under @ 81.40 is estimated to be $720.00.

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13. Estimate of Other Additional Costs. No other additional costs are anticipated.

14. Estimated Annualized Cost to the Federal Government.

Currently, it is anticipated that no reports will be submitted under these requirements 1 and, therefore, there is no burden to the Government. However, if reports were )

submitted, the following costs are anticipated: I l a. It takes the NRC patent counsel approximate 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review a report submitted pursuant to @81.20. At $121 per professional staff hours, total annual cost to the NRC could be $484.00

b. It takes the NRC patent counsel approximately 5 hours5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months to review information l supporting a request for an extended license period ( 81.32(a)(2)); 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months to review a

! license assignment or transfer notice (@81.32(a)(8); 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months to review a copy of any l sublicense or assignment ( 81.32(a)(9)); 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review a practical application i progress report (@81.32(a)(10)); 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months to prepare and give written notice to the licensee about the intention to modify or revoke the license ( 81.32(a)(12)); up to 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months , depending on the complexity of the case, to review court pleadings

(@81.31(a)(13)); and 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review a licensee's surrendered license (@81.32(a)(14)).

At $121 per professional staff hour, total annual cost to the NRC could be $2904.00.

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c. It takes the patent counsel approximately 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review an application ( 81.40).

At $121 per professional staff hour, total annual cost to the NRC is estimated to be

$484.00.

d. Total annual cost to the NRC for all of these requirements is estimated to be $3,882

per respondent.

This cost is fully recovered by fees charged to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

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15. Reasons for Chanae in Burden or Cost. This renewal represents no increase in the burden on potential respondents. Since no submittals were made nor are anticipated, '

the actual burden is anticipated to be zero.

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16. Publication for Statistical Use. The collections of information under these requirements l will not be published for statistical use.

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

difficult to keep current.

18. Exceptions to the Certification Statement. None.

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

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[7590-01-PJ U.S. COMMISSION REGULATORY COMMISSION Agency information Collection Activities: Submission for OMB Review: Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of the OMB review of information collection and solicitation of public comment.

SUMMARY

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

Chapter 35).

Information pertaining to the requirements to be submitted:

1. The title of the information collection: 10 CFR 81,

]

Standard Specifications for Granting of Patent Licenses.

l

2. Current OMB approval number: 3150-0121.

i

3. How often the collection is required: Application for licenses are j submitted once. Other reports are submitted annually or as other events require.

4. Who is required or asked to report: Applicants for and holders of NRC licenses to NRC inventions.

5. The number of annual respondents: 0

6. The number of hours needed annually to complete the requirement or request: 35 hours4.050926e-4 days 0.00972 hours 5.787037e-5 weeks 1.33175e-5 months ; however, no applications are anticipated during the next three years.

7. Abstract: 10 CFR Part 81 establishes the standard specifications for the issuance of licenses to rights in inventions covered by patents or patent l_

applications invested in the United States, as represented by or in the custody of the Commission and other patents in which the Commission has legal rights.

4 Submit, by (insert date 60 days after publication in the Federal Reaister), comments that address the following questions:

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

2. Is the burden estimated accurate?

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

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

A copy of the draft supporting statement may be viewed free of charged at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc.aov/NRC/PUBLIC/OMB/index.html).

The document will be available on the NRC home page site for 60 days after the signature date of this notice.

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 BJS1 @ NRC. GOV.

l Dated at Rockville, Maryland, this 3 'a day of O- !. 1998.

I For the Nuclear Regulatory Commission.

l 1 d:, 1. .

Brenda Jo. Shelton, NRbClearance Officer Office of the Chief information Officer i

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Submit, by (insert date 60 days after publication in the Federal Reaister), comrnents that address the following questions:

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

2. Is the burden estimated accurate?

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

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

A copy of the draft supporting statement may be viewed free of charged at the NRC Putlic Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requesb are available at the NRC worldwide web site (http://www.nrc.oov/NRC/PUBLIC/OMB/inde,*.html).

The document will be available on the NRC home page site for 60 days after the signature daie of this notice.

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 BJS1 @ NBC. GOV.

Dated at Rockville, Maryland, this day of 1998.

For the Nuclear Regulatory Commission.

Brenda Jo. Shelton, NRC Clearance Officer Office of the Chief Information Officer DOCUMENT NAME:a:commreq.wpd "E" = Copy with enclosures "N" = No copy To ricoive a copy of this document, indicato in the box:,"C" = Copy without enclosures 0FFICE OGC OGC/ ///' OC10

( NAME G.Fehst d Q J.(F/itzgerald B. Shelt;on DATE 12/T/98 f 12/>l/98 12/5 /98 0FFICIAL RECORD COPY

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b DRAFT SUPPORTING STATEMENT FOR 10 CFR PART 81 STANDARD SPECIFICATIONS FOR THE GRANTING OF PATENT LICENSES (3150-0121)

EXTENSION Description of the Information Collection PUBUC DOCUMENT ROOM Section 81.20(a)(5) Non-exclusive license holders arayyqugjg s ,

Fjeriodic reports, at least annually, on efforts to bring the invention to a point o, practica a p ication and the extent to which license holders continue to make the benefits of the invention reasonably accessible to the public.

Section 81.32(a)(2) NRC inventions may be available for the grant of limited exclusive licenses to responsible applicants who will make its benefits practically applicable and, publicly accessible. The length of the license will be negotiated (but will not exceed 5 years) and include a period of exclusivity specified in it, which relates to the period necessary to provide a reasonable incentive for the licensee to invest the necessary risk capital to make the invention practically applicable. The license cannot be extended unless the Commission determines based on a written submission supported by a factual showing that a longer period is necessary to permit the licensee to enter the market and recoup the investment in making the invention publicly accessible and reasonably available for the granting of non-exclusive licenses under 81.20. Under that provision, the licensee may have a nonexclusive license if the licensee continues to make the invention publicly accessible.

Section 81.32(a)(0) The license can be extended to wholly owned subsidiaries of the licensee but cannot be assigned of transferred without Commission approval, unless assignments are made upon Commission notice to successors of the licensee's business.

Section 81.32(a)(9) Exclusive licensees can issue sublicenses only upon Commission approval. Such a sublicense or assignment is subject to the terms and conditions of the exclusive license, including all rights retained by the Government, and a copy of each sublicense or assignment must be provided to the Commission.

Section 81.32(a)(10) A holder of an exclusive license to NRC inventions must submit periodic reports on efforts to achieve practical application of the invention and the extent to which a holder continues to make the benefits of the invention reasonably accessible to the public.

Section 81.32(a)(12) Before modifying or revoking any license under this subpart, the-Commission will mail to the licensee and any sublicensee at the last address filed with the Commission a written notice of the Commission's intention to modify or revoke the license. The

licensee and any sublicensee is then given 30 days af ter the notice is mailed, or within any period granted by the Commission, to remedy any breach of covenant or agreement in l paragraph (a)(11)(iv) of this section or to show cause why the license should not be modified or i revoked.

Section 81.32(a)(13) An exclusive licensee has the right to sue at its own expense any party who infringes the rights included in the license and the licensed patent. Upon consent of the Attorney General, the licensee may join the Government as a complainant in such suit, but

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without expense to the Government so that the licensee shall pay costs and any final judgment or decree that may be rendered against the Government in such a suit. The Government has an absolute right to intervene in any such suit at its own expense. Upon request, the licensee is obligated to promptly supply to the Government copies of all pleadings and other papers filed in l any such suit, as well as evidence from proceedings relating to the licensed patent. If, as a l result of any such litigation, the patent is declared invalid, the licensee has the right to surrender j the license and be relieved from any further obligation thereunder.

l Section 81.32(aM14) A licensee can surrender the license any time before termination of the license upon notice to the Commission and approval of the Commission, but the licensee will not be relieved of the obligations thereunder without Commission approval.

Section 81.40 Applicants for exclusive and non-exclusive licenses to NRC inventions are required to provide information which may provide the basis for granting the requested license.

A. JUSTIFICATION l .

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

l NRC needs the information requested to determine whether NRC inventions sh'ould be made available to applicants desiring to practice the invention and to make its benefits

reasonably accessible to the public. The application for an exclusive or non-exclusive l license ( 81.40) is reviewed by the NRC patent counsel to determine whether a license may be granted and whether it should be granted to the applicant as requested. Failure l

to collect this information would prevent the NRC from insuring that NRC patents are l properly issued under license to and used by the licensee as authorized by Section 156 of the Atomic Energy Act of 1954. as amended.

2. Aaency Use of Information. In order to determine whether the NRC grants a license or continues it in effect, either as an exclusive license ( 81.32) or a non-exclusive license

( 81.20), the NRC needs and uses information on invention and patent number; the applicant's identity and citizenship; the applicant's business; the purpose for which the license is desired and the field of use in which the applicant intends to practice the invention; and the geographic area in which the applicant will practice the invention.

Other incidental information is also required. Additional information regarding the applicant's identity, location and ability to develop the invention and use the rights which may be granted are required of an applicant for an exclusive license (Q 81.40). Periodic reports are then required of licensees to ensure that the license is being used in the manner previously intended ( @ 81.20(a)(5) and 81.32(a)(10)).

The NRC needs and uses the information required under 81.32(a)(8) and

@ 81.32(a)(9) which covers license extensions, sublicensing assignments and transfers; under 81.32(a)(10) for review by the NRC patent counsel to determine the advisability l of extending the term of a license, to keep track of any transfer of the license, and to ensure the licensee's continuea qualification for the exclusive license: under l

l @ 81.32(a)(12) on modifications and revocations; under 81.32(a)(13) on patent l

infringement suits; under @ 81.32(a)(14) on surrendering licenses to allow the NRC to

perform its license monitoring functions, to permit revision or revocation of the license

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when appropriate, to be kept informed of any litigation concerning the licensed patent, and to maintain the agency's licensing records.

, ,, - - _ _ _ _ . .__ - . - - _ . _ = _ - _ - = - _ - . . . - - _ - . . . -

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3. Reduction of Burden Throuah information Technoloov. The sporadic nature and extremely small potential frequency of submissions prohibits the efficient use of information technology. However, there are no legal or administrative obstacles to its use if so desired by any respondent.

4. Effort to identify Duplication and Use Similar Information. The requirement to submit reports pursuant to 81.20 and 81.32 does not duplicate or overlap other information collections by the NRC or other Government agencies. Some of the information required in an application for a license (@ 81.40) may be available as a result of other Government collections of information. For example, an applicant for an exclusive or non-exclusive license may be identified in other Government records as a small business or a minority business enterprise. However, the remainder of the information to be collected is unique to the NRC patent and its licensed use. The information needed to determine if the NRC should grant or continue a license is not collected by any other Government agency in a readily usable form.

5. Effort to Reduce Small Business Burden. Currently there are no applicants or exclusive /non-exclusive licensees.

6. Conseauences to Federal Proaram or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Freauentiv. The collection frequency contained in these requirements is deemed the minimum necessary to achieve the objectivos of the requirements.

7. Circumstances Which Justifv Variation from OMB Guidelines. The requirements under

@ 81.20,61.32, and 81.40 conform to the OMB Guidelines in 5 CFR 1320.6.

8. Consultations Outside the NRC. An opportunity to comment on the information collection contained in Part 81 has been published in the Federal Reaister.

9, Payment or Gift to Resoondents. Not applicable.

10. Confidentiality of information. The NRC provides no pledge of confidentiality for these collections of information.

11. Justification for Sensitive Questions. No questions of a sensitive nature are asked under these requirements.

12. Estimated Burden and Burden Hour Cost. As under paragraph 14 below, no reports are anticipated under these requirements. If they were submitted, the total anticipated burden and costs to a respondent are 35 hours4.050926e-4 days 0.00972 hours 5.787037e-5 weeks 1.33175e-5 months or $4,235 (at $121 per hour). Burden and costs are broken out as follows:

a. The estimated annual burden per response for--

licensees under 81.20 is estimated to be 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s:

licensees under @ 81.32(a)(2) is estimated to be 5 hours5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months ; licensees under Q 81.32(a)(8) is estimated to be 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s:

l licensees under @ 81.32(a)(9) is estimated to be 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months ;

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licensees under 81.32(a)(10) is estimated to be 2 hour2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months s:

j licensees under 81.32(a)(12) is estimated to be 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months ; licensees under 81.32(a)(13) is estimated to be 9 hours1.041667e-4 days 0.0025 hours 1.488095e-5 weeks 3.4245e-6 months ; licensees under 81.32(a)(14) is estimated to be 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months ; and licensees under @ 81.40 is estimated to be 6 hours6.944444e-5 days 0.00167 hours 9.920635e-6 weeks 2.283e-6 months .

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b. The estimated annual cost per response for--

licensees under 81.20 is estimated to be $240.00; ;

licensees under @ 81.32(a)(2) is estimated to be $600.00; l licensees under 9 81.32(a)(8) is estimated to be $240.00; l licensees under @ 81.32(a)(9) is estimated to be $360.00; l licensees under 6 81.32(a)(10) is estimated to be $240.00; licensees under @ 81.32(a)(12) is estimated to be $240.00; licensees under 81.32(a)(13) is estimated to be $1.080.00; licensees under 81.32(a)(14) is estimated to be 480.00; l and licensees under 9 81.40 is estimated to be $720.00. 1

13. Estimate of Other Additional Costs. No other additional costs are anticipated.

14. I Estimated Annualized Cost to the Federal Government.

Currently, it is anticipated that no reports will be submitted under these requirements and, therefore, there is no burden to the Government. However, if reports were submitted, the following costs are anticipated:

a. It takes the NRC patent counsel approximate 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review a report submitted pursuant to 81.20. At $121 per professional staff hours, total annual cost to the NRC could be $484.00

b. It takes the NRC patent counsel approximately 5 hours5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months to review information supporting a request for an extended license period ( 81.32(a)(2)); 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months to review a license assignment or transfer notice (Q81.32(a)(8); 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months to review a copy of any sublicense or assignment (@81.32(a)(9)); 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review a practical application progress report (@81.32(a)(10)); 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months to prepare and give written notice to the licensee about the intention to modify or revoke the license (@81.32(a)(12)); up to 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months , depending on the complexity of the case, to review court pleadings

(@81.31(a)(13)); and 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review a licensee's surrendered license (@81.32(a)(14)).

At $121 per professional staff hour, total annual cost to the NRC could be $2904.00.

c. It takes the patent counsel approximately 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to review an application (@81.40).

At $121 per professional staff hour, total annual cost to the NRC is estimated to be

$484.00.

d. Total annual cost to the NRC for all of these requirements is estimated to be $3,882 per respondent.

This cost is fully recovered by fees charged to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

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15. Reasons for Chance in Burden or Cost. This renewal represents no increase in the burden on potential respondents. Since no submittals were made nor are anticipated, the actual burden is anticipated to be zero.

16. Publication for Statistical Use. The collections of information under these requirements will not be published for statistical use.

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

18. Exceptions to the Certification Statement. None.

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

. . . . .

ML20199E901

Text

SUMMARY

SUMMARY

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