ML20203K458

Notice of Pending NRC Action to Submit Info Collection Request to OMB & Solicitation of Public Comment Re States Agreements Program,As Authorized by Section 274(b) of AEA

ML20203K458
Person / Time
Issue date:	12/04/1997
From:	Shelton B NRC
To:
References
NUDOCS 9712220382
Download: ML20203K458 (7)

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[7590-01 P)

U.S. NUCLEAR REGut.ATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request.

AGENCY.

U.S. Nuclear Regulatory Commission (NRC)

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ACTION:

Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.

SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of 3

information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Information pensining to the requirement to be submitted:

1.

The title of the information collection: State Agreements Program, as authorized by Section 274(b) of the Atomic Energy Act.

2.

Current OMB approval number: 3150-0029 3.

How eften the collection is required: One time or as needed.

4.

Who is required or asked to report? Thirty Agreement States who have signed Section 274(b) agreements with NRC.

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The numberof annualrespondents: 30 6.

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

570 (approximately six hours per response).

7.

Abstract: Agreement States are surveyed on a one time or as needed basis, i.e.,

in response to a specific incident, to pather information on licensing and inspection practices and other technical and statisticalinformation. The results of such nformation requests, which are authorized under Section 274(b) of the Atomic Energy Act, are utilized in part by NRC in preparing responses to Congressionallnquiries. Agreement State comments are also solicited in the areas of proposed procedure and policy development.

Submit, by (insert date 60 days after publication in the Eederal BtqttitI), comments that eddress the following questions:

1, is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical ud;ity?

2.

It the burden estimate 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 forms of information technology?

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A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http1/www.nre. gov) under the FedWorld collection link on the home page tool bar, The document will be available on the NRC home page site for 00 days after the signature date of this notice.

Comments and questions r, bout 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, or by telephone at 301415 7233, or by Intemet electronic mail at BJSi@NRC. GOV.

Dated at Rockville, Maryland, this '/ )^

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For the Nuclear Regulatory Commission.

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Brenda'Jo. Sheiton,'NRC Clearance Officer

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OMB SUPPORTING STATEMENT FOR OFFICE OF STATE PROGRAMS REQUESTS TO AGREEMENT STATES FOR INFORMATION (3150 0029)

REVISION TO CLEARANCE EXTENSION j

QtEtistion of the Information Collection Section 274(g) of the Atomic Energy Act authorizes and directs the U.S. Nuclear Regulatory Commission (NRC) to cooperate with the States in the formulation of standards for protection against hazards of radiation to assure that State and NRC programs will be coordinated and compatible. As part of the NRC cooperative post agreement program with the States, information on licensing and inspection practices, and/or incidents, and other technical and statisticalinformation is exchanged. Agreement State comments are also solicited in the areas of proposed implementing procedures relative to NRC Agreement State program policies. The information requests take the form of one-time surveys, e.g., telephonic and electronic surveys and facsimiles (questionnaires). The information collection requests have been expanded to take into account the impact of NRC/ Agreement State working groups and the rudefining of the Agreement State Program through the Statement of Principles and Polic/ for the Agreement State Program," the

• Policy Statement on the Adequacy and Compatibility of Agivement State Programs," and the associated implementing procedures, including the " Integrated Materials Performance Evaluation Program."

A.

JUSTIFICATION 1, Nged for and Practical Utility of the Collection Information Prior to 1954, atomic energy activities were largely confined to the Federal govemment.

Only the Federal government issued licenses to users of radioactive material in that t

year, the enactment of the Atomic Energy Act made it possible for private commercial firms to enter the field. Because of the hazards, Congress determined these activities should be regulated under a system of licensing to protect the health and safety of radiation workers and the public. The NRC, as a successor to the Atomic Energy Commission, is charged by Congress with this responsibility.

Protection of public health and safety has traditionally been a State responsibility, but the 1954 Act did not carve out any specific role for the States. In 1959, Section 274 of the Atomic Energy Act was enacted to spell out a State's role and to provide a statutory basis under which the Federal govemment could relinquish to the States portions of its regulatory authority. The 1959 amendments made it possible for the States to license and regulate byproduct, source materials, and small quantities of special nuclear material.

The mechanism for the transfer of NRC's authority to a State is an agreement between the Govemor of the State and the NRC. Thirty States have etered into such Agreements with NRC. These States now regulate 72% of byproduct, source and special nuclear materiallicensas in the United States, as permitted by Section 274 of the Atomic Energy Act.

Responsibility for regulating the 21,700 specifically licensed users of radioactive materials is shared between the NRC and the 30 Agreement States. Agreement States regulate a l

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range of fewer than 100 licenses to more than 2,000 licenses. As pcrt of the NRC cooperative post agreement program with the States, information on licensing and inspection practices, and/or incidents, and other technical and statistical information is voluntarih exchanged.

2. Agenev Use of Information The periodic one-time collection of data from the individual Agreement States enables the NRC and States to identJy issues and plan and evaluate options for future actions. The data are atso utilized in prepanng responses to Congressionalinquiries and requests for information from other sources. There is no source for obtaining such necessary information other than from the Agreement States.

3. Reduction of Butden Throuch Information Techno!oav There are no legal obstacles to reducing the burden associated wu this information collection through the use of information technology. The NRC encourages the respondents to use any innovative technology which would reduce the burden. The percentage of responses collected electronically is approximately 50%.

4. Effort to identifv Duolication and Similar Use Information These one time or as needed information collections address specific generic issues and events or procedures and guidance that are un'que to the Agreement States and are not addressed by use of existing data collections. The Informauon Requirements Control Automated System (IRCAS) was searched and no duplication was found.

5. Effort to Reduce small Business Burden There is no impact or burden on small business because the recipients of the requests are State agencies.

6. Consequences to Fedtral Prooram or Poliev Activities if the Collection is Not Conducted or is Conducted less Frecuently The information collections are a one-time or as needed action, which address specific issues generic to the Agreement States. The consequences of not collecting information, such as licensing and inspection practices, incidents and other technical and statistical information, could potentially impact the American public health and safety and also hamper the identification and evaluation of issues and options for the development of program responses to national problems. Further, the opportunity for valuable Agreement State review and comment on proposed policy and prc'j am updates and revisions would not be timely or eliminated altogether,

7. Circumstances Which Justifv Variation From OMB GuideliDR1 Because information would be collected in the most expedient manner possible in order to respond to an exigent or unique circumstance which could affect public health und safety, it is possible that such a request would require a response in less than 30 days,

8. Consultation Outside the NRC An opportunity to comment on the information collection requirements for this clearance extension has been published in the Eederal Reaister.

9. Payment or Gift to Respondents Not applicable.

10. Confdtntiahtv of the Information Proprietary information would be handled with confidentiality, as required under 1J CFR 2,790(d). All other information would be made part of the public record.

11 Justification for Sensitive Questions The NRC do9s not require the Agreement States to submit any sensitive information.

12. Estimated Burden and Burden Hour Cost Based upon Agreement State response estimates, the 30 Agreement States expend a total of 570 staff hours annually providing about 95 responses to approximately 20 information requests from NRC at a coat of $71,250. It is estimated that an average of 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> is expended per response [20 requests x 4.75 responses x 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> per response =

570 staff hours; the annualized cost is $71,250 or $125 per p..fessional staff hour x 570 staff hours). The States are not required to maintain records of their responses.

13. Esilmate of Other Additional Costs None.

14. Estirnated Annuali?Jtd Cost to the Federal Govemment Based upon staff estimates, NRC spends a total of 118 professional hours annually on the exchange ofinformation with thw Agreement States. Staff experience indicates another 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of clerical time is also expended annually Based upon current estimates, using ths professional and clerical staff hourly rates of $125 and $45, respectivolv, the annual cost to the NRC is approximately $15,830.

15. Etm0D1 for Chanae in Burden The overall burden to Agreemer.t States has been reduced from 1,000 to $70 staff hours because there is a need for fewer requests for information from the Agreement States as a result of more information being gathered from NRC/ Agreement State working groups.

Based upon past history, the number of Agreement State responses is estimated to decrease from 320 to 95 responses annually. The overall burden oer response increased from 3 to 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> because of a reestimate of the amount of time required to respond to an information request. The reestimate is based on the Agreement States' estimate of the average amount of time required to respond to an information request.

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16. Publication for Statistical Um -.

- This information will not be published for statistical use.

17c Beason for Not Disclavina the Exoiration Data In the case of an exigent or unique circumstance which would trigger a telephonic NRC survey of Agreement States, the expiration date for OMB approval will be verbally -

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transmitted.

18. Exceptions to the Certification State 03gDi Not applicable.

B.

COLLECTIONS OF INFORMATION EM' PLOYING STATISTICAL METHODS Not applicable.

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