ML20205S920
| ML20205S920 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1986 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cunningham G, Cunningham R, Minogue R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20205H503 | List: |
| References | |
| FRN-51FR9763, RULE-PR-150, RULE-PR-40, RULE-PR-51, RULE-PR-74 AA82-2-06, AA82-2-6, NUDOCS 8606120979 | |
| Download: ML20205S920 (31) | |
Text
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/ %, UNITED STATES 8 a NUCLEAR REGULATORY COMMISSION __ _
g j wAsmNGTON, D. C. 20566
~%...../ FEB 6 1986 MEMORANDUM FOR: Robert B. Minogue, Director Of fice of Nuclear Regulatory Research Guy H. Cunningham, III Executive Legal Director
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j Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety, NMSS James M. Taylor, Director Office of Inspection and Enforcement G. Wayne Kerr, Director Office of State Programs James R. Shea, Director Office of International Programs Patricia G. Norry, Director Office of Administration
) Ronald M. Scroggins, Director Office of Resource Management 9
FROM: John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
FINAL RULE ON MATERIAL BALANCE REPORTS (10 CFR PARTS 40,70,74,150)
Epckosed for your concurrence are final rule amendments on Material Balance Reports which incorporate comments which you provided recently. This rulemaking does not involve a significant policy issue and is of the type which the Executive Director for Operations is authorized to issue. Accordingly, a memorandum to the Acting Executive Director for Operations is included.
Concurrences may be made by telephone to Ms. June Robertson (x74233) and should be received by February 14, 1986.
h 8606120979 860609 hn . D vis, Director h
PDR PDR Office of Nuclear Material Safety 4D5th9763 and Safeguards
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Enclosure:
Final Rule Package ,
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ew - _
/ % UNITED STATES 8 i NUCLEAR REGULATORY COMMISSION r, j wAsHWGTON,0. C. 20555
~s...../
MEMORANDUM FOR: Victor Stello, Jr.
Acting Executive Director for Operations FROM: John G. Davis Of rector Office of Nuclear Material Safety and Safeguards
$UBJECT: FINAL RULE ON MATERIAL BALANCE REPORTS (10 CFR PARTS 40,51,74,150)
Enclosed for your signature is a Federal Register Notice which amends reporting requirements in 10 CFR Parts 40, 51, 74 and 150. The amendments deal with the submission of material balance reports of special nuclear material and source material.
- The amendments have been revised in msponse to comments received following their publication in proposed fom (50 FR 19695, May 10,1985). The proposal to replace a periodic report on holdings by licensees with an NRC-generated report has been eliminated as a result of these consnents. A persuasive case was presented that t'.e proposed procedures would have increased rather than decreased licensee reporting requirements. No other substantive changes have h been made as a result of public comments.
A cdpy of the mgulatory analysis developed in support of this rulemaking is included in this package (Enclosure B). A notice to the Commission that the EDO has signed this rule is enclosed for inclusion in the next Daily Staff Notes (Enclosure.C). Appropriate Congressional Committees will be notified (Enclosure D). A copy of the final rule will be forwarded to all affected licenses.
Coordination: The Office of the Executive Legal Director has no legal objection. The Offices of Researth Inspection and Enforcement, State Programs, International Programs, and Administration concur in this final rule.
John G. Davis Director Office of Nuclear Material Safety and Safeguards
Enclosures:
A. Federal Register Notice B. Regulatory Analysis C. Daily Staff Notes Item D. Oraft Congressional Letters
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1 APPROVED FOR PUBLICATION i
The Commission delegated to the EDO (10 CFR 1.40(c) and (d)) the authority to develop. and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.
The enclosed rule entitled " Material Balance Reports" amends 10 CFR Parts 40, 51, 74 and 150 to remove the reporting requirements pertaining to U.S. Origin source material balances.
The final rule does not constitute a significant question of policy, nor'does
,'it amend regulations contained in 10 CFR Parts 7, 8, 9 Subpart C, or concerning matters of policy. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
Date Victor Stello, Jr.
Acting Executive Director for Operations 2
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[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 40, 51, 74 and 150 Material Balance Reports AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Commission is amending its regulations concerning the submission of material balance inventory reports of source material 'and special nuclear material . The rule will reduce the reporting requirements imposed on affected licensees without adversely affecting the domestic safeguards program or NRC's ability to satisfy existing international and domestic safeguards commitments. This action eliminates the requirement to submit a statement of material balance for US origin source material for all licensees except those reporting under the US/kAEA Safeguards Agreement. It also eliminates the requirement to. report the composition of ending inventory on Form 742C for all d excepti nuclea reactor licensees and licensees reporting under the Agreement. .
t EFFECTIVE DATE:
FOR FURTHER INFORMATION CONTACT: June Robertson, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: (301) 427-4233.
SUPPLEMENTARY INFORMATION:
BACKGROUNO Currently NRC licensees authorized to possess more than 350 grams of special nuclear material are required to submit an inventory report for each material ENCLOSURE A
type on Forms 742 and 742C as of March 31 and September 30 of each year. Also, NRC and Agreement State licensees authorized to possess more than 1,000 kilograms of source material are required to submit a yearly statement of their source
, material holdings as of September 30 of each year. This information is necessary I
to the domestic inspection program and is needed to provide to the Australian and Canadian Governments a periodic report showing the inventory of all the l
materials in each U.S. facility that is subject to their respective bilateral
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- agreements. As a part of a reevaluation of the safeguards data collection and processing requirements, the NRC examined the possibility of eliminating the requirements for licensees to report inventories on Forms 742 (Material Balance Report) and 742C (Physical Inventory Listing) for most licensees. It concluded that, with the exception of those licensees reporting under the 05/IAEA Safeguards Agreement, the requirements for reporting inventories on Material Balance Reports could be deleted. It also concluded, however, that it needed ,a composition
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) of ending inventory to be submitted on form 742C by licensees of. nuclearl, reactors
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for accomplishing its domestic inspection and enforcement functions. Therefore.~
it decided to retain the requin.inents for subalitting Form 742C forjnuclear )(.
reacter licensees and licensees reporting under the US/IAEA Safeguards Agreement.
i PROPOSED RULE ,
For licensees other than those reporting under the US/IAEA Safeguards Agreement, the proposed rule would have eliminated the requirement to submit Form 742.
For all licensees other'than those with nuclear reactors and those reporting under the US/IAEA Safeguards Agreement, the proposed rule would have eliminated the requirement to submit Forn 742C. Instead, the NRC would have computer-generated for each licensee, an inventory report based on material transaction
, y reports submitted to it on Form 741 for special nuclear material and foreign origin source material. (In a separate rulemaking action effective July 16,1984 (49 FR 24705, June 15,1984), the requirement to report domestic transfers of U.S. origin source material was deleted. Only imports, exports, and domestic transfers of foreign origin source material are currently reported to the transaction data base.) This NRC-generated report would have beer submitted to the licensee for review and verification with its book inventory data or results of a physical inventory, as the case may be. The licensee would then have submitted any supplemental data necessary to~ reconcile any difference between the NRC's and its data.
The proposed amendment would have affected approximately 350 NRC and Agreement State licensees of which approximately 150 are small independent industrial b manufacturers each with an estimated annual gross income of less than $1 million and a staff of fewer than 500 people. The NRC concluded that, as a result of this change, the reporting requirements for each affected special nuclear material licensee would have been reduced by two reports per year and the reporting requirements for each affected source material licensee would have been reduced by one statement per year. The process of the licensee verification of the computer-generated report would have affected partially the reduction in licensee reporting, but the net requirements on Itcensees was thought to be less than those of generating and submitting the currently required reports.
1 When 10 CFR Part 74 was published on February 25, 1985 (50 FR 7575),
1 it contained the MC&A regulatory reoutrements for low enrichment uranium (LEU) licensees. Certain safeguards-related recordkeeping and reporting reoutrements, fonnerly found in Part 70, were also moved to new Part 74 in order to separate 1 them from safety reporting requirements. The reporting requirement for SNM physical inventory results is therefore also being included in Part 74 On March 12,1984 (49 FR 9362), the NRC published a final rule which implemented Section 102(2) of the National Environmental Policy Act of 1969 as amended (NEPA). Section 51.22 identifies the type of regulatory and licensing actions which may be eligible for categorical exclusion. The cate-gorical exclusion in 10 CFR Part 51.22(c)(3) which applies to amendments to the Commission's regulations which relate to recordkeeping and reporting reouirements includes Part 70 but does not include Part 74. When Part 74 was promulgated in February 1985, portions of the existing recordkeeping requirements in Part 70
- and all of the reporting requirements in Part 70, both of which were specifically l ...
covered by the environmental impact categorical exclusion in 551.22(c)(3), were transferred to Part 74. At that time, however, the reouisite conforming amendment to add Part 74 to the list of parts identified in 851.22(c)(3) was not made. To remedy this inadvertent oversight, a confoming amendment is now being made to 10 CFR Part 51.22(c)(3) to add Part 74 to the list of Parts referenced in that categorical exclusion.
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SlM4ARY 0F PUBLIC COM4ENTS The sixty-day comment period for the proposed rule expired on July 9,1985.
The NRC received coments from twelve respondents. The coments were mixed as ,
to whether or not an actual reduction in reporting requirements would be achieved.
Proposed Section 40.64 There were no public coments received which specifically addressdd.this
" proposed section. However, the NRC determined to revise this section (which deals with reports on material balances of source material) so that it is compatible with its revisions to proposed Section 74.13 (discussed below) on material balance state-ments of special nuclear material. It has revised existing Section 40.64 by explicitly eliminating the requirement for reporting material balances of source material by licensees which possess only domestic origin source material. This fulfills its intent, implicit in the proposed procedure for an NRC-generated p report, of not requiring this information.
- Proposed Section 70.53 As a consequence of the promulgation of 10 CFR Part 74 on March 27, 1985 (50 FR 7575), reporting requirements of Part 70 are now contained in Part 74.
All changes to proposed Section 70.53 are therefore contained in Section 74.13 as described below. '
t Revised Section 74.13 Four commenters, all power reactor licensees, opposed the proposed revision.
They pointed out that a requirement to verify and update the proposed report l
generated by NRC was likely to increase rather than decrease a power reactor licensee's reporting effort. It was also pointed out that there was a workload associated with changing the existing licensees' programs and procedures and that the result might be a degradation of the accounting systems. One of the commenters opposing adoption of the proposed amendment to this section also suggested that' NRC revise DOE Form RW-859 to allow reporting of current isotopics by assembly.
This would allow elimination of Forms 742 and 742C for reactor licensees which report composition of special nuclear material on an assembly basis. Seven comenters, four power reactor licensees, two university reactor licensees and one fuel facility licensee, supported the proposed amendments. Some of these ceamenters suggested modifications to the amendments as proposed. (One of those supporting the amendment pointed out that promulgation of new Part 74 now makes it necessary to reflect changes to reporting requirements in Part 74 as well as in Part 70. This suggestion has been adopted.)
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After reviewing the comments, NRC has concluded.that re' placing licensee-generated reports of material balances for both source material and special nuclear material with an NRC-generated report is likely to increase rather than decrease licensees' reporting efforts. Licensees would be obliged to retain most of their current accounting and reporting programs and procedures in addition to verifying and updating data produced outside of that system. For that reason, NRC is abandoning the proposal to generate material balance reports and to require source material and special nuclear material Itcensees to verify and update them. It will continue to require special nuclear material licensees to submit reports of material balances on Forn 742.
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By retaining the requirements for licensees to submit Form 742 and by not adopting the proposed amendments, the suggestions by two power reactor licensees and by a fuel facility licensee to extend the period for verifying the NRC-generated report are mooted. Similarly, the suggestion by a power reactor licensee to tie the date for submission of Form 742C to that of Form 742 is also mooted.
' The proposal is being adopted to eliminate the requirement for licensees other than those reporting under the US/IAEA Safeguards Agreement and those with nuclear reactors (power, hest, research and others) to report composition of inventory semi-annually on Form 742C.
A number of suggestions unrelated to the proposal to generate an NRC report were not adopted. 1) A suggestion that Form 741 (Material Transaction Report) be revised to simplify its completion by licensees was not adopted J
because this was outside the scope of the original proposal. 2) Another commenter suggested eliminating entirely the requirement for nuclear reactor licensees to submit material balance information. This suggestion was not adopted because it was determined that use of the Form 742 by nuclear reactor licensees was necessary to assure the accounting of material by these licensees on a periodic basis. 3) A suggestion to revise DOE Form RW-859 to provide current isotopics on an assembly basis was not adopted. That form is currently undergoing revision by DOE. After completion of that revision, modification to provide NRC reporting requirements may be explored. 4) Another suggestion that licensees of "small" reactors be excused from submitting this report was also not adopted. l.ow power reactors do not produce substantial changes in the isotopic composition.of their fuel over considerable periods of time. Nonetheless, there is no readily
distinguishing feature for identifying reactors to be excused from the requirement.
This suggestion , however, may become part of another effort to reduce the mporting requirements imposed upon nonpower mactor licensees.
Proposed Section 150.17 No comments were received specifically addressing- this proposed amendment.
This section is being revised to be consistent with Section 40.64(b), the other
.. portion of regulations treating source material.
ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has detemined that the amendments to Parts 40, and 74 in this final regulation are the type of action described in categorical' exclusion of 10 CFR 51.22(c)(3) and that the amendment to Part 150 in this final regulation is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared p for this regulation.
PAPE'RWORK REDUCTION ACT STATEMENT This final rule amends infomation collection requirements that am sub-
.iect to the Paperwort Reduction Act of 1980 (44 U.S.C. 3501 et seq.) . This rule
- had been approved by the Office of Management and Budget. OMB approval Nos.
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3150-004, 3150-0020, 3150-0032, 3150-0058, 3150-0123. .
REGULATORY ANALYSIS.
The Commission has prepared a regulatory analysis on this final regu-lation. The analysis examines the costs and benefits of the alternatives consid-ered by the Commission. The analysis is available for inspection in the NRC Public Document Room,1717 H Stmet. NW, Washington, DC. Single copies of the
draft analysis may be obtained from June Robertson, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: ,
(301) 427-4233.
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BACKFIT On May 10,1985 (50 FR 19695), the Commission published in the rederal Register propose [ amendments to the NRC's safeguards data collection and reporting require-ments. The proposed amendments would have eliminated the requirement for licensees possessing special nuclear material (SNM) with more than 350 grams of contained dran'ium-235 to complete and submit semiannual Materf al Balance Reports, DOE /NRC Fom 742. In its stead, NRC propc5M to prepare a report of material balance foi each' licensee based upon infomation sutnitted by these licenses on Nuclear Material Transaction Reports, DOE /NRC Form 741. The NRC report was then to be reviewed, corrected, and updated by licensees as necessary. Power reactor licensees would have been subject ~ to these revised procedures. The Commission
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intended by this change to reduce the reporting burden.
.Four power reactor licences commented that these proposed amendments were more likely to increase their reporting effort than decrease it. In view of this comment, these proposed rules that would have required changes in the recordkeeping and reporting requirements for power n! actor licensees have been deleted from the final rule. Power reactor licensee reporting requirements will remain unchanged.
Because there is nothing in the final amendments that requires a change in any component system, or procedure at a nuclear power reactor, the Commission's backfit rule (10 CFR CO.109) is not applicable to this rulemaking proceeding. /
REGULAT0H1 FLEX 1BILITY CERTIFICATION In accordance with the Reguintory Flexibility Act of 1980, 5 U.S.C. 605(b),
the Commission hereby certifies' that this rule will not have a significant economic g %
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impact upon a substantial number of small entities due to the fact that all affected licensees will experience a decrease in their reporting cequirements.
The final rule reduces the number of specific licensees required to report inventories of nuclear materials under 10 CFR 40.64 and 150.17 from 350 to 250.
Currently, approximately 200 of these licensees submit two reports each year to report inventories of special nuclear materials. The remaining 150 licensees submit one report each year to report holdings of source material. The economic impact on all licensees wtll be reduced because approximately 100 small licensees which currently complete a report (s) will not report inventories at all. Currently, the time needed to complete the report is two hours.
The approximately 100 licensees which need not complete and submit an inven-
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tory report are small independent indu's trial licensees which currently submit one report each year. This is a reduction of (2 hrs x 100) 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> each year. .
The average small independent' industrial' licensee has an annual gross ,
. income of less than $1 million and employs fewer than 500 people. The cost for complying with the reduced requirement does nolpose an economic impact. There l
will be no additional cost for any licensee as a result of these amendments.
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LIST OF SUBJECTS IN 10 CFR PARTS 40, 51, 74, AND 150 l
PART 40 - Governmental contracts Hazardous materials - transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material.
I PART 51 - Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requi rements.
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PART 74 - Accounting, Hazardous materials - transportation Material control and accounting, Nuclear materials, Packaging and containers, Penalty, Radiation protection. Reporting and recordkeeping requirement, Scientific equipment, Special nuclear material .
PART 150 - Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Penalty, Reporting and recordkeeping requirements. Security measures, Source material Special nuclear material.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 522 and 553, the NRC is adopting the following amendments to 10 CFR Parts 40, 51, 74 and 150.
l PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL
- 1. The authority citation for Part 40 is revised to read as follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81,161,182,183,186, 68 S't'at. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014 (e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282);
sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as, amended.
202, 206, 88 Stat. 1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846);
sec. 275, 92 Stat. 3021, as amended by pub., L,97-415, 96 Stat. 2067 (42 U.S.C.
2022).
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Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C.
2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec.187, 68 Stat. 955 (42 U.S.C.
2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);-
, G40.3, 40.25(d)(1)-(3), 40.35(a)-(d), 40.41(b) and (c), 40.46, 40.51(a) and (c),
i and 40.63 are issued under sec.161b, 68 Stat. 948, as amended. (42 U.S.C.
2201(b));and 440.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e), 40.42, 40.61, 40.62, 40.64 and 40.65 are issued under sec.1610, 68 Stat. 950, as amended (42 U.S.C.2201(o)).
- 2. In 40.64, paragraph (b) is revised to read as follows:
440.64 Reports.
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(b) Except as specified in paragraphs (d) and (e) of this section, each licensee authorized to possess at any one time and location more than 1,000 l kilograms of uranium or thorium, or any combination of uranium or thorium, shall submit to the Commission within 30 days after September 30 of each year.a statement of its foreign origin source material inventory. This statement must be submitted to the address specified in the reporting instructions (NUREG/BR-0007),
and include the Reporting Identification Symbol (RIS) assigned by the Commission to the licensee. Copies of the reporting instructions may be obtained by writing to the U.S. Nuclear Regulatory Commission, Olvision of Safeguards, Washington, DC 20555.
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PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 1. The authority citation for Part 51 continues to read as follows:
AUTHORITY: Sec.161, as amended (42 U.S.C. 2201); sec. 201, as amended (42 U.S.C. 5841).
- 2. In 51.22, paragraph (c)(3) is revised to read as follows:
51.22 Criterion for and identification of licensing and regulatory actions eligible for categorical exclusion.
(c) The following categories of actions are categorical exclusions:
(3) Amendments to Parts 20, 30, 31, 32, 33, 34, 35, 40, 50, 51, 60, 61, 70, 71, 72, 73, 74, 81' and 100 of this chapter which related to (1) procedures for filing and reviewing applications for licenses or construction permits or other forms of permission or for amendments to or renewals of licenses or , ,
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' construction permits or other forms of permission; (ii) recordkeeping require-ments; or (iii) reporting requirements; and (iv) actions on petitions for rulemaking relating to these anendments.
PART 74-MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL l l
- 3. The authority citation for Part 74 continues to read as follows: )
AUTHORITY: Secs. 53, 57,161,182,183, 68 Stat. 930, 932, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2073, 2077. 2201, 2232, 2233, 2282); secs. 202, 206, 88 Stat.1244,1246 (42 U.S.C. 5842, 5846).
,; For the purposes of sec. 223, 63 Stat. 958, as amended (42 U.S.C. 2273);
74.31, 74.81, and 74.82 are issued under secs.161b and 1611, 68 Stat. 948, 949, as amended (42 U.S.C. 2201(b) 2201(i)); and 74.11, 74.13. and 74.15 are issued under sec.1610. 68 Stat 950, as amended (42 U.S.C. 2201(o)).
- 4. In 74.13, paragraph (a)(1) is revised to read as follows:
74.13 Material status reports.
(a)(1) Each licensee authorized to possess at any one time and location g special nuclear material in a quantity totaling more than 350 grams of contained uranium-235, uranium-233. or p~1utonium, or any combination thereof, shall complete and submit to the Commission (on 00E-/NRC Form-742, Material 8alance Report) material balance reports concerning special nuclear material received, produced, possessed, transferred, consumed. disposed of, or ISst by it.
. Each nuc. lear. reactor licensee, as defined in 50.21 and 50.22 of this chapter, also shall prepare (on DOE /NRC Form-742C, Physical Inventory Listing) a statement of the composition of the ending inventory, and submit it to the Commission as l
an attachment to each material balance report. Each licensee shall complie a
- report as of March 31 and September 30 of each year and file it within l
30 days after the end of the period covered by the report. The Commission may i
permit a licensee to submit such reports at other times when good cause is t .-
shown. In preparing and submitting the reports described in this paragraph, each Itcensee shall comply with the printed instructions for completing the particular form.
. PART 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
- 6. The authority citation for Part 150 continues to read as folfows:
AUTHORITY: Section 161, 68 Stat. 948, as amended, sec. 274. 73 Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 68 Stat.1242, as amended (42 U.S.C. 5841) .
Sections 150. 3, 150.15, 150.15a , 150. 31, 150. 32 also issued under secs. lie (2), 81, 68 Stat. 923, 935, as amended. secs. 83, 84. 92 Stat. 3033. 3039 (42 U.S.C.
2014e(2),2111,2113,2114). Section 150.14 also issued sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.17a also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 (42
) U.S.C.2282).
For the purposes of sec. 223, 68 St'a't. 958, as amended (S U.S.C. 2273); --
$4150.20(b)(2)-(4) and 150.21 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 22Gb(b)); 150.14 is issued under sec. 1611, 68 Stat. 949. as amended
! (42 U.S.C. 2201(1)); and l150.16-150.19 and 150.20(b)(1) are issued under sec.
161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). -
- 7. In $150.17, paragraph (b) is revised to read as follows:
150.17 Submission to the Commission of source material reports.
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(h) Except as specified in paragraph (d) of this section and 150.17a, each person authorized to possess at any one time and location, under an Agreement State license, more than 1.000 kilograms of uranium or thorium, or any combination of uranium or thorium, shall submit to the Commission within 30 days after September 30 of each year, a statement of the licensee's foreign origin source material inventory. This statement must be submitted to the address specified in the printed instructions (NUREG/BR-0007) and must include the Reporting 5 Identification Symbol (RIS) assigned by the Commission to the licensee. Copies of the reporting instructions may be obtained by writing to U.S. Nuclear Regulatory Commission, Division of Safeguards, Washington DC 20555.
Dated at Bethesda. >bryland, this ____ day of , , 1986.
For the Nuclear Regulatory Commission
]
Victor Stello. Jr.
Acting Executive Director for Operations I
e 8 e
ame b
COMPARATIVE TEXT .
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AMENDHENT TO 10 CFR PART 40 Section 40.64 is revised to read as follows:
440.64 Reports (b) Except as specified in paragraphs (d) and (e) of this section, 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 of uranium or-thorium
- shall submit to the Commission within 30 days after September 30 of each year a statement of the itsensee's its foreign origin source material inventory. The reports This statement must be submitted to the address specified in the reporting instructions (NUREG/BR-0007), and include the keporting Identification Symbol (RIS) assigned by the Commission to the licensee. Copies of the reporting instructions may be obtained by writing to the U.S. Nuclear Regulatory Commission, Division of Safeguards Washington, DC 20555.
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AMEN 0 MENT TO 10 CFR PART 51 -- - --
Section 51.22 is revised to read as follows:
551.22 Criterion for and identification of licensing and regulatory actions eligible for categorical exclusion.
(c) The fo,110 wing categories of actions are categorical exclusion's-l (3) Amendments to Parts 20, 30, 31, 32, 33, 34, 35, 40, 50, 51, 60, 61 70, 71, 73, 74, 81 and 100 of this chapter which related to (i) procedures for filing and reviewing applications for licenses or construction permits or other forms of permission or for amendments to or renewals of ifcenses or construction permits or other forms of permission; (ii) recordkeeping requirements; or g (iii) reporting requirements; and (iv) actions on petitions for rulemaking
. relating to these ' amendments. .
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_, , _ _ AMEN 0 MENT TO 1_0 CFR PART 74 _
Section 74.13. is revised to read as follows- 1 1
%74.13 Material Status Reports (a)(1) Each licensee who is authorized to possess at any one time and location special nuclear material in a quantity totaling more than 350 grams of contained uranium-235. uranium-233, or plutonium, or any combination thereof, shall complete and submit to the Commission (on DOE /NRC Form-742
, Material Balance Report) material balance reports concerning special nuclear material received. produced, possessed. transferred, consumed, disposed of, or lost by the 44ceasee it_. The Each nuclear reactor licensee, as defined in 6650.21 and 50.22 of this chapter. also shall prepare (on DOE /NRC Fonn-742C, Physical Inventory Listing) a statement of the composition of the ending inventory, which she44 he submitted an,d submit,it, to the Commission as an attachment to each material balance report. M4 sveh reports sha44 be E_ach licensee shall compile a report made as of March 31 and September 30 of each year and filed fQe it within ttdrty {30) days after the end of the period coveretighe report. The Commission may permit a licensee to submit such reports at other times when good cause is shown. In preparing and sub-nitting the reports described in this paragraph. 4.he ,eac_h_ licensee shall comply with the printed instructions for completing the particular form.
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AMEN 0HENT TO 10 CFR PART 150 _ _ .
Section 150.17 is revised to read as fo,llows:
(150.17 Submission to Commission of source material reports.
(b) Except as specified in paragraph (d) of this section and 150.17a, each person who is authorized to possess ct any one time and location. under an Agreement State license, more than 1,000 kilograms of uranium or thorium, or any combination of uranium or thorium shall submit to the Commission within thipby f30) days after September 30 of each year, a statement of the licensee's t
foreign origin source material inventory. These rep:rts This statement must be submitted to the address'specified in the printed instructions (NUREG/BR-0007) and must include the Reporting Identification Symbol .(RIS) assigned by the Commission to the licensee. Copies of the reporting instructions may be obtained by writing to U.S. Nuclear Regulatory Commission, Division of Safeguards, Washington, DC 20555.
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REGULATORY ANALYSIS Amendments to 10 CFR Parts (0, 74 and 150 Requiring Reports of Special Nuclear Material and Source Material Inventories
- 1. STATEMENT OF PROBLEM As part of its evaluation of the safeguards data collection and processing requirements, the NRC staff examined the possibility of eliminating the require-ments for licensees to report inventories of nuclear materials on Forms.742 JMaterial Balance Report) and 742C (Physical Inventory Listing). The staff con-cluded that with the exception of reporting under the llS/IAEA Safeguards Agreement and persons licensed to operatenuclear reactors, the requirements for reporting inventories on Form 742 and 742C can be deleted. .
- 2. OBJECTIVES NRC staff focused on the following objectives in developing the proposed amendments:
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2.1 To reduce the reporting requirements imposed on NRC and Agreement State licensees, and 2.2 To continue to satisfy existing international and domestic safeguards commitments.
- 3. ALTERNATIVES The alternatives considered for each of the objectives in Section 2 of this regulatory analysis are:
ENCLOSURE B-
3.1 Reduce Reporting Burden 3.1.1 Chosen Alternatives. Delete the requirement to report material balance data for U.S. origin source material for all licensees except those who report under the OS/IAEA Agreement. Delete the requirement to report t
composition of ending inventory on Form 742 C for all licensees except nuclear reactors and those who report under the Agreement.
3.1.2 Alternative. Delete the requirement to report inventories on Forms 74 for all licensees except those who report under the US/lAEA Safeguards Agreement and replace it with a requirement for licensees who possess special nuclear material of foreign origin source material to verify and update an NRC generated material balance report based on Form 741 transaction data. (In a separate rulemaking action effective July 15. 1984, the requirement to report domestic transfer of U.S. origin source material has already been deleted.)
Delete the requirement to report composition of ending inventory on Form 742 C 0 for all licensees except nuclear reactors and those who report under the Agreement.
3.1.3 Alternative. Delete tna requirement to report inventories on Foms 742 and 74If C for all licensees, including those who report under the US/IAEA Safeguards Agreement and nuclear reactor licensees. In evaluating this alter-native the NRC staff detemined that although material balance reports cou1d be ,
generated from Fom 741 reporting, the needed timeliness of the reports to satisfy the US/IAEA Safeguards Agreement would be compromised if the extra steps necessary for NRC to generate material balance data from transaction data are taken. In addition, the physical inventory listing infomation (742 C) cannot
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be gecerated from the transaction data. Elimination of the Fom 74 C for
'nucleaf reactors would adversely affect the domestic inspection program.
3.2 , Continue to Satisfy Existina international and Domestic safeauards Commitments 3.2.1 Chosen alternative. Retain the requirement to report inventories on Fonn 742 for licensees who report under the US/IAEA Safeguards Agreement.' and re-tain reporting of composition of ending inventory on Form 742C for nuclear { reactor licensees and licensees who report under the US/IAEA Safeguards Agreement.
3.2.2 Alternative. None.
- 4. CONSEQUENCES 4.1 Benefits and Costs 4.1.1 Benefits The chosen alternative will have no adverse effect on the comon defense and security while it will lessen the reporting burden placed on some licensees.
There are currently eight licensees reporting under the US/IAEA Safeguards Agreement or Protocol. They wil) continue to report inventories on Foms 742 and 742C. There are approximately 120 nuclear \ reactor licensees who will continue to complete and submit Foms 742 and 742C to report inventory data. There are approximately 130 fcensees who will continue to complete and submit Fonn 742 to report inventories but will no longer be required to submit composition of ending inventory data on Fom 742C. This is estimated to reduce the reporting effort of each licensee by one hour for each report currently submitted.
Approximately 100 licensees will be exempt from the reporting requirement
. dealing with material balance for U.S. origin source material. This is estimated to reduce the current reporting effort by two hours for each report currently submitted.
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.5. DECISION RATIONALE l
At the present time, the reporting requirements of 10 CFR Parts 40, 70, 74 and 150 require reports of source material and special nuclear material book inventories based on authorized possession. Those licensees who are authorized to possess more than 1,000 kilograms of source material or more than 350 grams of special nuclear material are required to report yearly and twice ye'arly.
[espectively. l.icensees who have been selected for the application of IAEA
, safeguards under the US/IAEA Safeguards Agreement are required to submit physical inventory results on Forms 742 and 742C. The U.S. provides the Australian and Canadian Governments with a periodic report showing the inventory by US facility of materials that are subject to their respective Bilateral Agreements.
Although the information needed for these periodic reports could be generated j from Form 741 transaction reporting,1) the needed timeliness to satisfy the ,
y US/IAEA45afeguards Agreement would be compromised if the extra steps necessary
. e to generate the information fren' transaction data were taken; 2) the information reported on the Forn 742C cannot be recovered from the transaction data; and 3)
.the verification and update by the. licensee of a material balan.:e rep it, generated from Form 741 transaction report would increase rather than reduce ene current reporting effort. Finally, the effectiveness of the domestic inspection program would be compromised if data currently reported by the licensed reactors on the Form 742C were deleted.
a e-e e e 'e * * #
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An assessment of benefits and costs leads to the conclusion that material l balance reports for U.S. origin source material are no longer necessary and Form 742C can be deleted for all licensees except those licensed to operate t
' reactors and those who have been selected for the application of IAEA safeguards. No other alternatives are believed to be satisflictory; thus this action is recommended.
- 6. IMPLEMENTATION No implementation problems are anticipated.
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DAILY STAFF NOTES OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Final Rule to be Sig_ned by the E00 On ,1986, the Executive Director for Operations approved a final rule which amends 10 CFR Parts 40, 74 and 150. This rule amends the reporting requirement pertaining to special nuclear material and source material inventories.
This constitutes notice to the Commission that, in accordance with the, rulemaking authority delegated to the E00, the EDO has received this rule and
. proposes to forward it on to the Office of the I Federal Register for publication, unless otherwise directed by the Commission.
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ENCLOSURE C
/ 'o,, UNITED STATES
[ g NUCLEAR REGULATORY COMMISSION s j wAsHWGTON,0. C. 20656
~s.,...../
Dear Mr. Chairman:
The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed final amendments to 10 CFR Parts 40, 51, 74 and 150 relating to the reporting requirements applicable to NRC Agreement State licensees concerning the submission of material balance reports of source material and special nuclear materials.
t The final rules eliminate the requirement in Parts 40 and 150 to submit a statement of material balance for U.S. origin source material for all licensees except those reporting under the US/IAEA Safeguards Agreement.
They also eliminate the requirement in Part 74 to report composition of ending inventory on DOE /NRC Fonn 742C for all licensees except nuclear reactor licensees and licensees reporting under the . Agreement. The NRC has determined that these amendments will reduce the reporting effort imposed upon licensees without affecting its ability to satisfy existing international and domestic safeguanis. The amendment to Part 51 is administrative in nature, adding Part 51 to the list of regulations which are categorically excluded from requiring environmental impact statements.
The effective date of these amendments will be 30 days after publication in the Federal Register.
Sincerely, John G. Davis,- Director Office of Nuclear Material Safety and Safeguards
Enclosure:
Amendments to 10 CFR Parts 40, 51, 74 and 150 l
l ENCLOSURE D W
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