ML20216D404

Forwards OMB Clearance Package & Fr Notice for Final Rulemaking,Rev to 10CFR20,30,40,70 & 72, Record Retention Requirments. Comments of 951219 Note Addressed

ML20216D404
Person / Time
Issue date:	02/07/1996
From:	Glenn J NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Shelton B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20216C659	List: ML20216C653 ML20216C745 ML20216C835 ML20216C865 ML20216C918 ML20216D011 ML20216D051 ML20216D060 ML20216D078 ML20216D109 ML20216D132 ML20216D170 ML20216D318 ML20216D333 ML20216D369 ML20216D404 ML20216D432 ML20216D445
References
FRN-61FR24669, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-61, RULE-PR-70, RULE-PR-72 AF17-2-027, AF17-2-27, NUDOCS 9709090308
Download: ML20216D404 (16)

Text

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' t lY ) /- A TI),C MEMORANDUM TO: Brenda J. Shelton, Chief

-Information and Records Management Branch Division of-Information Support Services

, Office of Information Resources Management FROM: John E. Glenn, Chief l- Radiation Protection and Health Effects Branch l Division of Regulatory Application Office of Nuclear Regulatory Research a

SUBJECT:

FINAL RULEMAKING - REVISION TO 10 CFR PARTS 20, 30, 40, 70, AND 72 RECORD RETENTION REQUIREMENTS Attached is the OMB Clearance package and Federal Register notice for the subject rulemaking. We have addressed the comments of your December 19, 1995 note. Please note that the rule language has been changed substantially from the Office Concurrence version. Mary L. Thomas is the staff contact for this activity if you have any additional comments, i

Attachment:

0MB Clearance package Federal Register notice ,

i 0FFICE RPHEB RPHEB NAME MLThomas AV - JEGlenn Y A v DATE 02/Cl/96 02/9 7/96 0FFICIAL RECORD COPY 9709090308 970904 61F 24669 PDR

t . sk2 400 9

3" t UNITED STATES E B NUCLEAR REGULATORY COMMISSION If WASHINGTON, D.C. 20h0001 d

.....,o MEMORANDUM TO: Brenda J. Shelton, Chief Information and Records Management Branch Division of Information Support Services Off. ice of Information Resources Management FRON: John E. Glenn, Chief CdcA/ /MA ydt Radiation Protection and Health Effects Br Weh "

Division of Regulatory Application Office of Nuclear Regulatory Researen

SUBJECT:

FINAL RULEMAKING - REVISION TO 10 CFR PARTS 20, 30, 40, 70, AND 72, RECORD RETENTION REQUIREMENTS Attached is the OMB Clearance package and Federal Register notice for the subject rulemaking. We have addressed the comments of your December 19, 1995 note. Please note that the rule language has been changed substantially from the Office Concurrence version. Mary L. Thomas is the staff contact for this activity if you have any additional comments.

Attachment:

OMB Clearance package Federal Register notice

t . -

, NRC FORM e2o U.s. NUCLEAR REoVLATORY Commission PROGRAM OFFICIAL CERTIFICATION FOR PROPOSED COLLECTION OF INFORMATION TITLE OF COLLECTION 10 CFR Parte 2o, ao, oo, et,7o. and 72 Final Rule, Termination or Transfer of Ucensed Activities: Recordkeeping Requirements I certify that the proposed collection of information -

Program official should onewer the sonowing questions and certify responses by signing below:

YES No N/A

1. Reduces to the extent practicable the burden, including with respect to small entitles, @ne using techniques such as; (1) establishing differing timetables or reporting requirements to account for available resources, (2) clarifying, consolidating, or Q simplifying reporting requirements, and (3) exempting entities from all or part of the X Z3 information collection requirement. *pi?y

• 2.3 is written using plain, coherent, and unambiguous terminology and is understandable "

to respondents. X W

3. Will be implemented in ways consistent and compatible, to the maximum extent practicable, with respondents' existing reporting and recordkeeping practicos. X P" 4

4. Has been developed by an office that has planned and allocated resources for the i efficient and effective management and use of the information, including processing jg^

l the information in a manner to enhance, where appropriate, the information's utility to X ,

"g l agencies and the public. -

5. Uses effective, efficient, and appropriate statistical survey methodology. X

6. To the maximum extent practicable, uses information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public. X NN Rw

7. Is necessary for NRC to properly perform its functions, and that the information has practical utility. X 0 N

8. Is not unnecessarily duplicative of information otherwise reasonably accessible to the agency. y ;g FT

9. Indicates for each recordkeeping requirement the record retention. X

10. Informs potential respondents why the information is being collected; its necessity to the agency's performance; provides an estimate of and request for comment on the burden; indicates whether responses are mandatory, voluntary, or required to obtain a benefit (citing authority); confidentiality (citing authority); and the fact that an agency X may not conduct or spun. ,;, d a parson is not required to respond to, a collection of

• information unless it displays a currently valid control number. '

Program Office Official ['g%/ d g h. ]% Date M ? // 6 d (Signature) [

John E. Glenn (Type or print name) uneronuerotioeu

e 1-

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[7590-01-P]

NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements: Office of

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Management and Budget Review AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of the OMB review of information collection.

SUMMARY

The Nuclear Regulatory Commission (NRC) has recently submitted to OMB for review the following proposal for collection of information under the provision of the Paperwork Reduction Act (44 U.S.C. Chapter 35),

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1. Type of submission, new, revision, or extension: Revision.

2.- The title of the information collection: 10 CFR Parts 20, 30, 40, 61, 70, and 72, Termination or Transfer of Licensed Activities:

Recordkeeping Requirements.

3. The form ' number if applicable: Not applicable.

4. How often is the collection required: A one-time transfer of records pertaining to decommissioning, offsite releases, and waste disposal to the responsible licensee when licensed activities are

{ ',

transferred or assigned to another licensee, in accordance with i the terms of the license. A one-time forwarding of rec 0rds pertaining to decommissioning, offsite releases, and waste disposal to the cognizant regulatory body once a license is I

terminated. There will also be a one-time forwarding of records concerning low-level waste facilities to the disposal site owner once the facility is closed and the license transferred to the i

disposal site owner, and a one-time forwarding of records to the cognizant regulatory bed and the party responsible for institutional control of the site once that body terminates the license.

5. Who will be required er asked to report: Part 30, 40, 61, 70 and ,

72 NRC and Agreement State licensees who are transferring, assigning, or terminating their licenses.

6. An estimate of the number of responses: 19,800.

7. The estimated number of annual respondents: 960 per year.

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8. An estimate of the number of hours needed annually to complete the requirement or request: 4,999 hour0.0116 days <br />0.278 hours <br />0.00165 weeks <br />3.801195e-4 months <br />s-for all 960 licensees affected by the rule or an average of 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per licensee.

9. An indication of whether Section 3507(d), Pub. L.104-13 applies:

Applicable.

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10. Abstract: The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the disposition of certain records wb.n a licensee terminates licensed activities or licensed activities are transferred to another licensee. The finc1 rule requires a licensee to transfer records pertaining to decommissioning, and certain records pertaining to offsite releases and waste disposal, to the new licensee if licensed activities will continue at the same site, and it requires all affected licensees to forward these records to the NRC when a license is terminated.

Submit by (insert date 30 days after publication in the Federal Reaister),

comments that address the following question:

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 estimate accurate?

3. Is there a way to enhance the quality, utility, and clarity of the informat,on 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 A copy of the submittal may be viewed free of charge at the NRC Public Document Room, 2120 L Street, NW (lower level), Washington, DC 20555-0001.

Members of the public who are in the Washington, DC, area can access this document via modem on the Public Document Room Bulletin Board (NRC's Advanced Copy Document Library). NRC subsystem at FedWorld, 703-321-3339. Memt'ers of the public who-are located outside of the Washington, DC, area can dial FedWorld, 1-800-303-9672, or use the FedWorld Internet address: fedworld. gov (Telnet) . The document will be available on the bulletin board for 30 days after the signature date of this notice. If assistance is needed in accessing

, the document, please contact the FedWorld help desk at 703-487-4608.

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4 3 Comments and questions should be directed to the OMB reviewer by (insert date 30 days after publication in the ffdgral Reaister):

j Troy Hillier Office of Information and Regulatory Affairs (3150-0014, 3150-0017, 3150-0020, 3150-0009, and 3150-0132, 3150-0135)

NE08-10202 Office of Management and Budget

! Washington, DC 20503 i'

Comments can also be submitted by telephone at (202) 395-3084.

l The NRC Clearance Officer is Brenda J. .Shelton, (301) 415-7233.

Dated at Rockville, Maryland, this day of , 1996.

For the Nuclear Regulatory Commission.

J Gerald F. Cranford, Designated Senior Official for Information Resources Management.

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A cCpy of the submittal may be viewed free of charge at the NRC Public

\ .

Document Room, 2120 L Street, NW (lower level), Washington, DC 20555-0001.

Members of the public who are in the Washington, DC, area can access this document via modem on the Public Document Room Bulletin Board (NRC's Advanced Copy Document Library), NRC subsystem at FedWorld, 703-321-3'!39. Members of the public who are located outside of the Washington, DC, area can dial FedWorld, 1-800-303-9672, or use the FedWorld Internet address: fedworld. gov (Telnet). The document will be available on the bulletin board for 30 days after the signature date of this notice. If assistance is needed in accessing the document, please contact the FedWorld help desk at 703-487-4608.

Comments and questions should be directed to the OMB reviewer by (insert date 30 days after publication in the Federal Reaister):

Troy Hillier Office of Information and Regulatory Affairs (3150-0014, 3150-0017, 3150-0020, 3150-0009, and 3150-0132, 3150-0135)

NE0B-10202 Office of Management and Budget Washington, DC 20503 l Comments can also be submitted by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda J. Shelton, (301) 415-7233.

Dated at Rockville, Maryland, this day of , 1996.

For the Nuclear Regulatory Commission.

Gerald F. Cranford, Designated Senior Official for Information Resources Management.

DISTRIBUTION:

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OFFICE RPHEB/DRA 6 RPHEB/DRA iv IRMB/lRM OGC IRM NAME MLThomas w, JEGlenn k[.s BShelton GFehst GCranford DATE brY96 4/7/96 //96 / /96 / /96 0FFICIAL RECORD COPY 5

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SUPPORTING STATEMENT FOR

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10 CFR Parts 20, 30, 40, 61', 70 and 72 TERMINATION OR TRANSFER OF LICENSED ACTIVITIES: RECORDKEEPING REQUIREMENTS FINAL RULE Description Of The Information Collection The information collection requirements contained in the proposed rule were ap) roved by OMB on February 7, 1995. Because the final rule, in response to pu)lic comments, substantially modifies the information collections contained in the proposed rule, the OMB clearance package is being resubmitted. '

The revised amendments to 10 CFR 30, 40, 70 and 72 will require all materials licensees to transfer records pertaining to decommissioning to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license and licensed activities will continue at the same site. If the license is to be terminated, the rult would require the licensee to forward records pertaining to decommissioning to the NRC. The revised amendments to 10 CFR 20, 30, and 40 will require licensees authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, to transfer records pertaining to offsite releases and waste disposal to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license and licensed activities will continue at the same site. If the license is to be terminated, the rule would require the licensee to forward such records to the NRC. The revised amendments to 10 CFR 70 will require licensees to transfer records pertaining to offsite releases and waste disposal to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license and licensed activities will continue at the same site. If the license is to be terminated, the rule would require the licensee to forward such records to the NRC. The revised amendments to 10 CFR 72 will require licensees to transfer records pertaining to offsite releases to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license to continue licensed activities at the same site. If the license is to be terminated, the rule would require the licensee to forward such records to the NRC. In addition, the rule would require that records concerning low-level waste facilities be transferred to the disposal site owner when the facility is closed and the license is transferred. It also requires low-level waste licensees to forward such records to the NRC or the party responsible for institutional control when the NRC terminates the license and the party responsible for institutional control takes over the disposal site.

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' t, .

A. JUSTIFICATION

1. Need and Practical Utility for the Collection Of Information The information described above is necessary for the new licensee to effectively decommission the facility when a license is transferred or reassigned and licensed activities will continue at the same site. The information described above is also necessary for the NRC to evaluate offsite consequences from a licensee's operation.

66 30.35(a) and 40.36(f) add a requirement for the licensee to transfer all decommissioning records to the new licensee, and the new licensee to maintain the records until the license is terminated, if licensed activities will continue at the same site and the site has not been released for unrestricted use. This transfer of records is necessary to ensure that adequate information will be available to develop a site characterization plan to effectively decommission the site.

6 30.51(d) adds a requirement for licensees authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, to forward to the NRC Regional Office records pertaining to offsite releases and waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively, s 30.51(e) adds a requirement for licensees authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, to transfer to the new licensee records pertaining to offsite releases and waste disposal prior to license transfer or reassignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decommission the facility.

6 30.51(f) adds a requirement for all licensees to forward records pertaining to decommissioning, required by 9 30.35(g), to the NRC Regional Office prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively.

H 40.61(d) adds a requirement for licensees authorized to possess source material, in an unsealed form, to forward to the NRC Regional Office records pertaining to offsite releases and waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively, s 40.61(e) adds a requirement for licensees authorized to possess source material, in an unsealed form, to transfer to the new licensee records pertaining to offsite releases and waste disposal prior to license transfer or reassignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decommission the facility.

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J l 40.61(f) adds a requirement for all licensees to forward records pertaining  !

to deconaissioning, required by i 40.36(f), to the NRC Regional Office prior  !

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' to license termination. This forwarding of records is necessary to ensure i that adequate.information will be available to evaluate offsite consequences, i and ensure the site is decommissioned effectively.

I 61.30(a)(3) requires the licensee to transfer any funds for care and records required by El 61.80(e) and (f) to the disposal site owner upon

, transfer of the license to the disposal site owner. This transfer of funds and records is necessary to ensure that adequate funding and information will be available to maintain the disposal site.

I 61.31(c)(3) requires the licensee to send the records required by il 61.80(e) and (f) to the party responsible for institutional control of the disposal site and to send a copy to the NRC Regional Office immediately prior to license termination. This sending of records is necessary to ensure that adequate information will be available after the disposal site has been closed.

l 6 70.51(b)(6) adds a requirement for licensees to forward to the NRC Regional

Office records pertaining to decommissioning, offsite releases, and waste i

disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and to ensure the site is decommissioned effectively, i 70.51(b)(7) adds a requirement for licensees to transfer to the new licensee records pertaining to decommissioning, offsite releases, and waste disposal prior to licm. e transfer or reassignment. The new iicenses then becomes responsible for maintaining these records until license termination.

This transferring of records is necessary to ensure that adequate information will be available to effectively decommission the facility.

I 72.8A(g.). adds a requirement for licensees to forward to the NRC Regional

' Office records pertaining to decommissioning and offsite releases prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively.

I 72.80(f) adds a requirement for licensees to transfer records pertaining to decommissioning and offsite releases to the new licensee prior to license transfer or reassignment. The new licensee then becomes responsible for maintaining these records until license termination. This transferring of records is-necessary to ensure that adequate information will be available to effectively decommission the facility.

2. Aoency Use of Information.

Providing information on waste disposals, offsite releases, and decommissioning to the cognizant regulatory body is necessary in the event it becomes necessary to evaluate offsite consequences after a license has been 3

terminated. This rule is a matter of compatibility between the NRC and the Agreement States.

3. Reduction of Burden Throuah Information Technoloav.

There is no legal obstacle to the use of information technology. Moreover, the NRC encourages its use. It is expected that none of the submittals will be electronic.

4. Effort to Identify Duplication and Use Similar Information. _

The Information Requirements Control Automated System was searched to determine duplication. No duplication was found. There is no similar information available to the NRC.

5. Effort to Reduce Small Business Burden.

Only a small number of the licensees expected to be affected by these requirements are classified as small businesses and the burden on these small businesses is small. The information actions are basic for all licensees and cannot be reduced any further.

6. Consecuences to Federal Proaram or Policy Activities if the Collection Is Not Conducted or Is Conducted less Frecuently.

Required information is collected upon the intent of licensees to transfer, reassign, or terminate their license. The schedule for collecting the information is the minimum frecuency which will permit NRC to ensure that the public health and safety are acequately protected.

7. Circumstances Which Justifv Variation from OMB Guidelines.

Contrary to DMB guidelines, licensees are required to retain records for the life of the license. These records are required in order to ensure that NRC's health and safety regulations are being adhered to and that the public health and safety is being protected. Agency response to public comments is contained in the preamble to the rule.

8. Consultations Outside the Aaency.

The proposed rule was published in the Federal Reaister for public comment on December 28, 1994 (60 FR 66814). The final rule was modified in response to comments received and considerably reduces the burden to licensees. Agency response to public comments is contained in the preamble to the rule.

9. Payment or Gifts to Respondents.

Not applicable.

10. [onfidentiality of Information.

NRC provides no pledge of confidentiality for this collection of information.

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11. Justification for Sensitive Ouestions.

These regulations do not pose sensitive questions.

12. Estimate Of Burden and Burden Hours Cost.

The final rule has reduced the burden from 6,690 hours0.00799 days <br />0.192 hours <br />0.00114 weeks <br />2.62545e-4 months <br /> in the proposed rule to 4,999 hours0.0116 days <br />0.278 hours <br />0.00165 weeks <br />3.801195e-4 months <br />. The cost for licensees has increased due to the inclusion of time for technical review of records at $116 per hour by licensee technical staff. See Table 1. Total cost for licensees terminating and transferring their licenses is estimated at $403,757.

13. Estimate of Other Additional Cost.

Not applicable.

14. Estimated Annualized Cost to the Federal Government.

The NRC is expected to receive about 300 responses annually from licensees that terminate their licenses as a result of this rulemaking. The annual cost

, to the NRC is estimated to be $173,824.50, see Table 2. This cost is fully l

i recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

15. Reasons for Chance in Burden or Cosi.

The change in burden is due to the revision of 10 CFR Parts 20, 30, 40, 61, 70, and 72. The final rule reduces the burden in response to comments received on the provisions of the proposed rule. The number of licensees that would be affected each year has been reduced from 1,716 in the proposed rule to 962. Of this 962, the 900 licensees assumed to terminate their licenses will have to forward records pertaining to decommissioning, and the 60 licensees assumed to transfer their licenses will have to transfer records pertaining to decommissioning. Of the 900 licensees terminating their licenses 450 will also have to forward records pertaining to offsite releases and waste disposal, and of the 60 licensees transferring their licenses 30 will also have to transfer records pertaining to offsite releases and waste disposal. The other 2 licensees possess 10 CFR Part 61 licenses for waste disposal sites. It is assumed that I will terminate its license and I will transfer its license. The terminating Part 61 licensee will have to forward records pertaining to location, quantity of waste at the site and records pertaining to date of disposal and the condition of saste packages as received. The transferring Part 61 licensee will to transfer such records in addition to any funds necessary for the care of the facility.

16. Publication for Statistical V ig.

This information is not published for statistical use.

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17. Reason for Not Disolavino the Exoiration Date.

The requirement will be contained in a regulation. Amending the Code of i Federal Regulations-to display information that, in an annual publication, could become obsolete, be unduly burdensome, and too difficult to keep

-current.

18. Exceptions to the Certification Statement.

Not applicable. .

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. B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METH005 Statistical methods are not used in this collection of information.

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TABLE I i INFORMATION COLLECTION BURDENS ASSOCIATED WITH RECORDKEEPINrr REQUIREMENTS Gi

• THE REVISED 10 CFR PARTS 20, 30, 40, 61, 70, AND 72 SECTION LICENSEES AFFECTED HOURS / LICENSE 2 TOTAL BURDEN COST AT 545/ HOUR COST AT $116/H00R I

30.35Q) 40 6 240.00 3,600.00 18,560.00 ,

30.51(d)* 300 2 600.00 20,250.00 34.800.00 t

] 30.51(e)' 20 2 40.00 900.00 2,320.00 j

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30.51(f) 600 4 2,400.00 54,000.00 139,200.00 i 40.36(f) 10 6 60.00 900.00 4,640.00 I, 40.61(d)' 125 2 250.00 5,625.00 l 14,500.00  !

40.61(e)' 5 2 10.00 225.00 580.00 40.61(f) 250 4 1,000.00 22,500.00 58.000.00 l

j 61.30(a)(3) 1 4.5 4.50 67.50 248.00 j 61.31(c)(3) 1 4.5 4.50 67.50 174.00 70.51(b)(6) 45 6 270.00 6,075.00 7,830.00 1

70.51(b)(7) 5 9 45.00 675.00 1,740.00 4  ?

72.80(e)* 5 6 __ 30.00 1,350.00 1.740.00

) 72.80(f) 5 9 45.00 1,350.00 1,740.00 SUBTOTAL 4.999.00 117,585.00 286.172.00 4

1 TOTALS 403,757.00 1

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'The hours noted in this column account for the fomer 11ces ee's time fer technical verification and clerical prepara* ten of records for license i transfer, auf the cew licensee's time for technical verification. These hours also account for the fomer Itceasee's for technical verification and l clerical preparation of eco-ds prior to Itcense termirattan. One half of the time has been allotted for clerical preparation of records for termination >

l or transfer. The other half of the time has been allottat for technical vertftcation. [

i b 3 *These responses are a subset of the total number of responses for part 30 Itcensees that are terstnating their Itcess and only affect those part  !

30 Itcensees authortred to possess radioactive material, with a half-life greater than 120 days, in an unsealed form.  !

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• These responses are a subset of the total number of responses for part 40 licensees that are termbating their Itceases and only affect those part

) 40 Itcensees authorized to possess source material in an unsealed form.

• There are no Part 72 Ag-ee m t State licensees. '

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t TABLE 2 ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT FOR MAINTENANCE OF RECORDS RECEIVED FROM LICENSEES PRIOR TO LICENSE TERMINATION ASSOCIATED WITH REVISION OF 10 CFR PARTS 20, 30, 40, 61, 70, AND 72  :

SECTION NUMBER OF STAFF FEDERAL GOVERNMENT COST FEDERAL GOVERNNENT COST RESPONSES HOURS / RESPONSE

• AT 545/ HOUR AT 5115/H00R  !

30.51(d)* 100 3 9,000.00 11,600.00 -

30.51(f) 200 5.5 22,500.00 69,600.00 40.61(d)" 42 3 3,780.00 4,872.00  ;

40.61(f) 84 5.5 9,450.00 29,232.00 l 61.31(c)(3) 1 5.5 112.50 348.00 70.51(b)(6) 15 8.5 3,037.50 6,960.00 72.80(e) 5 8.5 1,012.50 2,320.00 SUBTOTAL 48,892.50 124,932.00 l TOTAL 173,824.50 i

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'This hours in this colurm account for clerical time +o prepa-c records for transfer and storage at 53% of the hours e eted. and technics 1 time to ,

index and verify records submitted at 47% of the hours noted.

'These responses are a subset of the total nu-ber of rew.ws for part 30 licensees that are terminating their licenses and only affect those pact ,

30 itcensees authortred to possess radioactive material, with a half-life geester than 120 days. In en unsealed form. [

"These responses are a subset of the total number of resporses for part 40 ilcensees that are terminating their licenses aM only affect those part 40 licensees authertred to possess source material in an unsealed form.

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PAPERWORK REDUCTION ACT SUBMISSION 'P)W e Plecse re:d the instructions bef ore completing this form. For additional forms or ass 6 stance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Suppotting Statement, and any additional documentation to: Office of information and Regulatory Allairs.

Othee of Management and Budget. Docket Ubrary. Room 10102,72617th $treet NW, Washington. DC 20503

1. Agency /SubaDency originating request 2. OMB control number U.Si Nuclear Regulatory Commission X a. 31S0 0017 b. None

] Type of information collection / check onel 4 Type of review reovested rcherA ones

a. New col;et ton a. Recular submission X t Delegated

b. Revision of a currently approved collection b. (mergency Approval requested by (datch

c. Istensson of a currently approved collection 6. Will this informabon collection have's a Yes significant economic impact on a

d. F4einstatement, without change. of a previously arproved collection for which appvoval has enpared subtenM numhe of small entities? X b'No

, e, Reinstatement, with change of a previously approved collection for which approval has expired Requested

a. Ihree years from approval date

f. Laisting collection en use without an OMD control number 6' emperation date X b. Other (Specif yh 00/30/96 7 Titie 10 CFR 30, Rules of General Applicability to Domestic LicensinD of Byproduct Material

8. Agency form number (s) /// spp4 cab /c/

N/A

9 Aeywords Nuclear materials. Reporting and recordkeepin0 tequirements 10 Abstract The final amendment would require licensees to transfer certain records to a new f acility licensee, and in the case of a terminating licensee, to transfer those records to the NRC.

a 11 Affected pubhc Ware svaa,y sufn 9* sme an osaws ther emr one 's's t2 obhgation to respond tvere surme<y mia e'ews es ornas ther amr =<ta i5

a. Individuais or households d f arms a Voiuntary P b Business of othet f or piofit X e rederal Government b Heavired to obtain oe retain benefits X c Not f or profit institutions X f state. t ocal. or Tribat Govemment X e Mandatory t 3 Annual reporting and recordheeping hout tiurden 14 Annual reporting and recordkeepng cost burden an shrwwsn or cwa si a Number of respondents 7,100 a Total annuahred capitat startup costs 0

b. Total annual responses 1 175 b. Total annual costs t0&Mi 273 630

1. Petten' age of these responses c. Total annushred cost sequested 273 630 conected emetronically 0  % d. current OMD Inventory o

c. Tetal annust ho irs requested 154.745 e D fference 273 630

d. Current oMu wweto'v 161.46s t Iuplanation of d frerence

~

e D.nerence 3 280 1. P*og'am changa 273,630 f E splanation of uterence 2. Adiuntment 0 1 Prograre change 3 280 2 Adjustmtrat 0 Itn Purpose of information colwfon tfi f requency of recordkeeping of reporti (Check a# rhar app 41 (Afare pnmary n'5 r, j , ,N OMB 831 10'95

I a

PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of information and ReDulatory Affairs.

Office of Management and Budget Docket library, Room 10102,72617th Street NW Washington. DC 20603

1. Agency / Subagency originating request 2. OMB control number U.S. Nuclear Regulatory Commission x a. 3150 0020 b.Nono

3. Type of information collection /chet A onel 4. Type of review requested Ic%cA onel

a. New collection X a, Regular submission c. Delegated X b. Revision of a currently approvad collection b. (mergency Approval requested by (dateh

c. [stension of a currently approved collection 5. Will this information collection have a e, y,g significant economic impact on a

d. Reinstatement withovt change, of a previously approved collection for which approval has empired substantial number of small entities? X b.No

e. Reinstatement. with change, of a previously approved collection for whn h approval has empired Requested #" "'

f. Esisting collection in use wit'aut an OMB control number espiration date X b. Other (Specify): 06/30/97 L Title 10 CFR 40, Domestic Licensing of Source Material 8, Agency form numberls) (r/ applicable /

N/A

9. Keywords Nuclear materials, Reporting and recordkeeping requirements 10 Abstract The final amendment would require licensees to trantifer certain records to a new f acility licensee, and in the case of a terminating licensee, to transfer those records to the NRC.

11 Affected pubtec rMare prawy such *ny su ethers ther antwv wth *x'? t 2 ot ligation to respond rMaet svuwy moth *r* amt an others rhet adv etts x *t

a. Individua's or householda d r arrns a Voluntary P N Business or other for profit X e rederal Government b Required to obtain or retain t onefits X c Not f or-profit institutions X r. state. tocol. or Tribal Government X c Mandatory 13 Annual reporting and recoidsespin0 hour butden 14. Annual reporting and recordheeping cost burden en thouwwts er trearse a Number of respondents 169 a Total annualired c epital startup costs O b Total annual responses 841 b Total annual costs tOLM) 106 970

1. Percentage of these responses c Total annuained cost requested 106 970 conecteo electronicativ o  % d. Current OMB inventory o

c. Total annual hours reauested 21.689 e. Daterence 106 970 d Current OMB inventory 20 269 f. Impianation of ddference

e. Detterence 1,320 1. Program change 106.970

f. Empianation of $tterence 2. Adiustment O

1. Program ctsange 1.320 2 Adiustment O

15. Purpose of information cuitec00n iti Frequency of recordseeping or reportm rCheck a# rhar sopry)

IMart pina e were *P' and a# others ther appry neth 'X'l X a Recordkeepmg b Third party disclosu'e

a. Apphcation f or taenefits o. Progsam plannmg or management X c Repordng

~

b Program evaluation f Research x 1. On occasion 7 2. Weekly 3 Monthiv

c. General purpose statistics p g Regulatory or compliance x 4 Quarterty X 6 Semi annually X 6. Annually d A uct.t 7 B.ennialsy B Other (descreen

17. stavsucal methods ,g Anencs contact tverson who can best answer cuestoons regarcW'o the content of thos Submissson)

Does this inf orinabon cohection employ statishcal rnethods?

name Mary Thomas Yes X No Phone 415-6230 OMB 831 *0/96 hY$1WY - y,3\ j' &'

19. Certification for %perwofk Reduction Act Submissions On behalf of this Federal agency,I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTF: The test of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the instructions. The cerlt]Icallart i.t to be masle with reference to those regulatory ['rovistorts as setforth irt the i!LtlfNcll09Lt.

The following is a summary of the topics, regarding the proposed collection of information, that the certffication covers:

(a) 11 is necessary for the proper perfornance of agency functions; (b) It avoids unnecessary duplication; (c) It reduces burden on small entitles; (d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; (e) Its implementation willbe consistent and compatible with current reporting and recordkeeping practices; (f) It indicates the retention periods for recordleeping requirements; (g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

(i) Why the information is being collected; (ii) Use of information; (iii) Hurden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and (vi) Need to display currently valid OMB control number; (h) It was developed by an office that has planned and alk)cated resources for the efficient and effective management and use of the information to be collec:ed (see note in item 19 of the instructions).

(i) It uses effective and efficient statistical survey methodology; and (j) It makes appropriate use of information technology, if you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

Signature of Senior Official or desigree Date

,. / \ J 'l

, s a

OMB 83-1 10/95

e PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions bef ore completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of ttus form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Attairs.

Office of Management and Budget. Docket Libeary, Hoorn 10102. 72617th Street NW. Washington. DC 20603

1. Agency /5ubagency originating toquest 2. OMB controt number U.S. Nuclear Regulatory Commission X a. 3150-0135 b None

3. Type of r*Nmation collection (chec A onel 4 Type of review requested rchere onel

a. New c, uction X a. Regular submission c. Delegated

b. Revision of a curf ently approved collection b (mergency Approval requested by (datet c, I stension of a currently approved collectron b. Will this information collection have a a.Yes

- significant economic impact on a

d. Reinstaternent, without change. of a previously approved substantial number of small entitieft? b.No collection for which approval has empired X

e. Reinstatement, with change. of a previously approved collection for which approvgl has empsted Requested _

f. EsistinD collection in use without an OMB controt number 6' espiration date X k W 6pecifyh 01/31/96

1. Title 10 CFR 01, Licensing Requirements for Land Disposal of Radioactive Waste

8. ADency form numberIs) hfappbcablel N/A

9. Keywords Nuclear materials, Reporting and recordkeeping requirements

10. Abstract The final amendment would require licensees to transfer certain records to a new f acility licensee, and in the case of a terminating licensee, to transfer those records to the NRC.

11 Affected public r%*ed pruny w*th *P}M eH ethers ther apper w@ *R *I 12 ot.iigation to respond IMe4 prenary wrrh *P* erur et others ther anstr wth k 'I

a. Indmduets or households d Farms a. Voluntary P b Busmess or other for proht e Federal Govemment b. Reguood to obtem or retam benehts c Not for profit institutions X f State. Loc al or inbal Govemment X c Mandatory 13 Annuai reportmg and recordkeepmg hout t>urden t a. Arinual reportmg and recordkeepmg cost burden en throuwurs efirose se a Number of respondents 2 e Total annualired capital /startup costs 0

b. Total annual responses 114 b Total annual costs to&M: 657

1. Percentage of these responses c Total annualised cost requested 657 collected electronically o  % d. Current OMB Inventoty O c Total annual hours reavested 21,204 e. Difference 657

d. Current oMB inventory 21.195 f. ( spianetion of d.Herence e Difference q 1. Program change 657

f. E mptanat.on of dif f erence 2 A dlustment O 1 Program change 9

2. Adjustment o 15 Purpose of mformation collection 1 ti Frequency of recordseeping or reporte 'Checs se t**t applyr

(% fare prsmary wrrh *P' and a# othe that apply with *A */ X e Recordk eepmg b. Third party disclosure a Apphcation for benefits e Program plannmg or management X c Repr;rtmg _

x 1. On occasion 2 WeeUV X 3 Monthly

b. Program avsluation f Research

c. Generai purpose statistu a p g Reguistory or compliance a Quarterly 5 semi annuany X 6. Annusuv 0 A udit 7. B'ennially B. Other toestnbel

17. statisticat rnethode 3g Agency contact Iperson who can best answer Questens regarding the content of thus submisssonb Does this mtormation collection empiov statistical methodsr Name Mary Thomas vos @ No Pnone- 415 6230 OMB 83-1 M 4 M/M k *gy g #5gk yi 02

19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency,I cenify that the collection of information encompassed by this request complies with 5 CFR 1320.9, NOTE: The text of $ CFR 1320.9, and the related provisions of $ CFR 1320.8(b)(3), appear at the end of the instructions. The certification h to be made ss uh reference to tlwse regulatory prom!~n as . set forth in the in.structions The following is a summary of the topics, regarding the proposed collection of infonnation, that the cenification covers:

(a) It is necessary for the proper perfonnance of agency functions; (b) It avoids unnecessaty duplication; (c) It reduces burden on sm ll entitles; 1

(d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; (e) Its implementation willbe consistent and compatible with current reporting and recordkeeping practices; I (f) It indicates the retention periods for recordkeeping requirements; (g) It informs respondents of the information celled for under $ CFR 1320.8(b)(3):

(1) Why the information is being collected; (ii) Use of infortnation; (iii) Ilutden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and (vi) Need to display currently valid OMil control number; (h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected (see note in item 19 of the instructions),

(i) It uses effective and efficient statistical survey methodology; and (j) It makes appropriate use of information technology.

If you are unable to cenify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supponing Statement, segriature of senior official or desionee Date

{ { Lr , ,, _p,(,

OMB 83-1 10/95

PAPERWORK REDUCTION ACT SUBMISSION

+

Mease read the instructions t>efore completine tfus form. F or additional forms or assistance in completing this f orm, contact yout agency's Paperwork Clearance Of ficer, Send two copies of this form. the collection instrument to tic reviewed the Supporting Statement, and any additional documentation to: Office of information and Regulatory Aff airs, i

Office of Management and Budget. Docket iabrary. Poom 10102. 72617th Street NW, Washmoton. DC 20603 1, Agency! Subagency originating tequest 2 OMB cor trol nuttiber U.S. Nuclear Regulatory Commission X a. 3150 0009 to Norie J Type of information cohection rchere del 4. Type of review requested /cher A or cl

a. New coHection X a. Regular submession c. Delegated X tt Revision of a currently approved collection tt (mergency - Approval requested by (daten:

c. [stension of a currently approved collection b. Will this information collection have a g. ye, significant economic impact on a

d. Heinstatemeint, without change of a previously approved substantial nsmber of sman entities? tt No collection for which approval has espired X e Reinstatement, with change of a previously approved collection for which approval has empered "' 'Y'" #

_ Reauested ,,,,,,

f. taisting collection in use without an OMB control number 6 empiration date X tt other (Specif yh 04/30/08 r 7,pe 10 CFR 70, Domestic Licensing of Special Nuclear Material

8. Agency form numbettsi rd apphcablet N/A

9. Keywords Nuclear materials, Reporting and recordkeeping requirements

10. Abstract The final amendment would require licensees to transfer certain records to a new facility licensee, and in the case of a terminating licensee, to transfer those records to the NRC.

4 11 Attected pubhc iMeat proroney weth *PQmt ou ethers ther owy wth *x% 1? Obhgatton to respond rMart owno v work *P* arnt en erhers ther ows nnh x *t a individuals of households _

d f arms a Voluntary P b twness or other for profit X e rederal Government b Fiequired to ot tem or retam t>enefits X c Not for proht it'strtutions X f State. L oc al. or Tnt al Govemment X c Mandatory t 3 Annual reporting and reco'dkeeping hour t>urden 14 Annual reporting and recordkeeping ccat burden en rhm,sa,wts e ro tr hars!

a Number of respondents 210 a total annushaed capital /startup costs 0 b Total annual responses 1 291 b Total annuel c-osts to&M) 16,320

1. Percentage of these responses c totai annuaheed cost requested 16 320 cotiected electronicetty 0  % d. Cuttent OMB Inventory 0 c total annual hours requested 83.200 e DiHvenc e 16 320 d Cunent OMB mventory R2 886 f Esplanation of ditterence

e. Diff erence 315 1- Pro 9'am change 16.320 f t uplanation of dMerence 2. Adiustment O

1. Program change 3t5

2. Adiustment O t b Purpose et intotmetion coliection t6 Freovency or recordkeeping or reportin ICheca a# rAar appryl (Mart prunery wirts *r* and a# others FAar apply wifA *X*/ x a Rec ordh eepmg tt Third party d4 closure a Appbcation f or tienef'ts e. Program plannmg or mana9ement X c. Reporting b Program evaluation f Research x 1 On occasion 2 Weekly 3. Montniy jc General purpose s;etistics p g Regulatory or compance 4 ouarterly X $ Semi annvahy 6 Annually l d Aud't 7 t&enniativ 8 Other idescrtel 17 Stat-steal methods gg Agency contact reerson who can best answer cuestions repaWg the content of ths submissnon)

Does this inf ormation collection empicy stat 4tical methods?

Na me - Mary Thomas Yes X Na Pt.one 415 6230 OMB 831 10'95 4-W N^ c y* s (j \ k i d' O '

19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency. I certify that the collection of information encompassed by this request complies with 5 CH( 1320.9.

NOT E: The text of $ Cl R 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the lustructions. The cert @ cation is to be una.le uith reference to those ocgulatory proviswns as setforth in the instruction.t.

The followingis a summary of the topics, regarding the proposed collection of information, that the certification cosers:

(a) It is necessary for the proper performance of agency functions; (b) It avoids unnecessary duplication; (c) It reduces burden on small entities; (d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; (c) Its implementation willbe consistent and compatible with current reporting and recordkeeping practices; (f) It indicates the retention peri (xis for recordkeeping requirements; (g) It informs respondents of the information called for under $ CFR 1320.8(b)(3):

(1) Why the information is being collected; (ii) Use of information; (iii) Ilutden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and estent of confidentiality; and (vi) Need to display currently valid OMil control number; (h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected (see note in item 19 of the instructions).

(i) li uses effective and efficient statistical survey methodology; and (j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

Signature of Senior Qtficial or designee J Date t

f  ! ,

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o , , t

, (

10/95 OMB 831

1 PAPERWORK REDUCTION ACT SUBMISSION Please read the instf uctions tietore completing this form. For additional forms or assistance in completing this f orm, contatt yout agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed. the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Aff airs.

Office of Management and Budget. Docket library. Room 10102. 72617th Street NW. Washington. DC 20603

1. Agency! Subagency onginating request 2. OMB controt number U.S. Nuclear Regulatory Commission X a. 3150 0132 b None I 3 Type of information collection (chetA onel 4. Type of review requested Ichec A onel

a. New collection X a Reputar submission c Deleosted

b. Revision of a currently approved collection b [rnergency Approval requested by (dateL

c. E atension of a currently approved collection b Will this informaton collection have a ,,y,,

sigenficant economic impact on a

d. Reinstatement, without change of a previously approved substantial number of small entities? b.No collection for which appsoval has espired X

e. Heinstatement, with chan08. of a previously approved collection for which appeovat has espired a. Three years from approval date

_ Requested

f. [a6 sting collection en use without an OMD control number 6' espiration date X t- Other (Specif yh 08/31/98 7.1 stie 10 CFR 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High Level Radioactive Waste B. Agency form numberib) Id apphrable/

N/A

9. Keywords Nuclear materials, Reporting and recordkeeping requirements Io. Abstract The final amendment would require licensees to transfer certain records to a new facility licensee, and in the case of a terminating licensee, to transfer those records to the NRC.

4

) 11 Atr ected putihc tus a mice y n tre, v* eys en erw ther owy no x9 17 Obbgation to respona rue.e paiery era v' ents av orbes ther a#, we x 9 a

a Ind,viduais or households d r arms a Vo'u ntary P ti ibsiness or etner for proht X e r edtral Government b Heauued to ot,tain or retain benehts e Not f or proht institutions t $ tate total or terbal Governet ent X c. Mandatory 13 Annual reporting and recordkeeping hour burden 14 Annual reporting and recordheeping cost cutden en raoumts or cows!

a Number of respondents 8 a total annuehno capitat startup costs O b Total annual responses 107 b total annuai costs to8 M) 6.280

1. Percentage of these sesponses c. Total annvahied cost requested b280 collected electronically o  % d. Current OMB inventory 0

c. Total annuat hours requested 21629 e. Difference 6.280 d Current OMB inventory 21 464 f E mpionation of difference e Difference 75 1. Program change 6.280 t I aplanation of dif f erence 2 Adiust ment 0

1. Prog'am change 76

2. Adjustment O 1b. Purpose of mf ormation conection 16 trequency of recordseeping or report'n rChecA att r^ar avo'y>

/MacA permary mth *P' entf art others thal apply wra *X *J X a Recordh eeping b. Third party d sclosu'e

~

a Appbcation f or benefits e Program pionning or management X c Reporteng b Program evaivation f He st'a rc h X i On occasion L Weektv 3 MontNY c Genstal purpose statestics p g Regdatory or comphance a Guarteriv X h Semi-annuany 6 Annusuy d Auda 7 p.enn, ally 8. Other Idescribel

17. Statistic ai enethods g Agency contact frerson who can best answer questions rega+ng the Content or thas $Ubinossaan)

Does this information collection emp6oy statistica' niethods?

Name Mary Thomas Yes X No Phone 415 6230 i

OMB 83-1 10296 WWWf t(/ ,

Su(f\ i : O .- .

19. Certification for Paperwork Reduction Act Submissions On beht'f of this Federal agency,I cenify th t the collection of information encompassed by this request complits with 5 CI R 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CI R 1320.8(b)(3), appear ; the end of the ittstructions. I}se certification is to l'e tr.asle uil' 'detenc? 10 lihoe regulatory (woristorts as Scijurilt lot Ilt<*

i!UltkclionL The following is a Summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions; (b) It avoids unnecessary duplication; (c) It reduces burden on small entitles; (d) It uses plain, coherent, and unambiguous terminology that is t nierstandable to respondents:

(c) Its implementation willie consistent and compatible with current reporting and recordkeeping practices; (f) It indicates the retention periods for recordkreping requirements; (g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

(i) Why the information is being collected; (ii) Use of information; (ill) Hurden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and (vi) Need to display currently valid OMB control number; (h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected (see note in item 19 of the instructions).

(i) It uses effective and efficient statistical survey methodology; and (j) It makes appropriate use of information technology, if you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

Segnature of Seruor Official or desonee Date

'l

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'fs  %,

OMB 83-1 10/95

SUPPORTING STATEMENT FOR 10 CFR Parts 20, 30, 40, 61, 70 and 72 TERMINATION OR TRANSFER OF LICENSED ACTIVITIES: RECORDKEEPING REQUIREMENTS FINAL RULE l Descrintion Of The Information Collection i

The information collection requirements contained in the proposed rule were

! approved by OMB on February 7, 1995. Because the final rule, in response to I public comments, substantially modifies the information collections contained in the proposed rule, the OMB clearance package is being resubmitted.

l The revised amendments to 10 CFR 30, 40, 70 and 72 will require all reaterials l licensees to transfer records pertaining to decommissioning to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license and licensed activities will continue at the same site. If the license is to be terminated, the rule would require the licensee to forward records pertaining to decommissioning to the NRC. The revised amendments to 10 CFR 20, 30, and 40 will require licensees authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, to transfer records pertaining to offsite releases and waste disposal to the new licensee when licensed activities are transferred or assigned in accoroance with the terms of the license and licensed activities will continue at the same site. If the license is to be terminated, the rule would require the licensee to forward such records to the NRC. The revised amendments to 10 CFR 70 will require licensees to transfer records pertaining to offsite releases and waste disposal to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license and licensed activities will continue at the same site, if the license is to be terminated, the rule would require the licensee to forward such records to the NRC. The revised amendments to 10 CFR 72 will require licensees to transfer records pertaining to offsite releases to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license to continue licensed activities at the same site. If the license is to be terminated, the rule would require the licensee to forward such records to the NRC. In addition, the rule would require that records concerning low-level waste facilities be transferred to the disposal site owner when the facility is closed and the license is transferred, it also requires low-level waste licensees to forward such records to the NRC or the party res)onsible for institutional control when the NRC terminates the license and t1e party responsible for institutional control takes over the disposal site.

I

A. JUSTIFICATION

1. Reed and Practical Utility for the Collection Of Information The information described above is necessary for the new licensee to effectively decomission the facility when a license is transferrod or reassigned and licensed activities will continue at be same site. The information described above is also necessary for the NRC to evaluate offsite consequences from a licensee's operation, il 20.2108(b) currently requires licensees to retain records of waste disposal. This paragraph has bnen amanded to include the regulatory citettons for the requirements for the disposition of the records required by this sectior in 10 CFR Parts 30, 40, and 70 for certain licensees. This information is needed to assess possible risks associated with licensed activities once a license is transferred, reassigned, or terminated.

Otherwise the information might not be available. The licensee shall retain the recordt until the Comission terminates the license.

5 6 30.35foi and 40.36(f) add a requirement for the licensee to transfer all decomissioning records to the new licensee, and the new licensee to maintain the records untti the license is terminated, if licensed activities will continue at the same site and the site has rat been released for unrestricted use. This transfer of records is necessary to ensure that adequate information will be available to develop a site characterization plan to effectively decommission u e site, 6 30.51(d) adds a requirement for licensees authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, to forward to the NRC Regional Office records pertaining to offsite releases and waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively.

I 30.51(e) adds a requirement for licensees authorized to possess radioactive material, ith a half-life greater than 120 days, in an unsealed form, to transfer to the new licensee records pertaining to offsite releases and waste disposal prior to license transfer or reassignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decommission the facility.

I 30.51(f) adds a requirement for all licensees to forward records pertaining to decomissioning, required by 6 30.35(g), to the NRC Regional Office prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively, i 40.61(d) adds a requirement for licensees authorized to possess source material, in an unsealed form, to forward to the NRC Regional Office records pertaining to offsite releases and waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate 2

information will be available to evaluate offsite consequences, and ensure the site is decomissioned effectively.

I 40.61(el adds a requirement for licensees authorized to possess source material, in an unsealed form, to transfer to the new licensee records pertaining to offsite releases and waste disposal prior to license transfer or reassignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decomission the facility, i 40.61(f) adds a requirement for all licensees to forward records pertaining to decommissioning, required by i 40.30(f), to the NRC Regional Office prior to license termination. This forwarding of records !s necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively.

I 61.30f a)(3) requires the licensee to transfer any funds for care and records required by il 61.80(e) and (f) to the disposal site owner upon transfer of the license to the disposal site owner. This transfer of funds and records is necessary to ensure that adequate funding and information will be available to maintain the disposal site, i 61.31(c)(3) requires the licensee to send the records required by 6661.80(e and (f) to the party responsible for institutional control of the disposal:)deandtosendacopytotheNRCRegionalOfficeimmediatelyprior te license termination. This sending of records is necessary to ensure that adequate information will be availablo after the disposal site has been closed.

.L10. 51 (b) (6) adds a requirement for licensees to forward to the NRC Regional Office records pertaining to decommissioning, offsite releases, and waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite censequences, and to ensure the site is decommissioned effectively.

170.51(b)(7) adds a requirement for licensees to transfer to the new licensee records pertaining to decommissioning, offsite releases, and waste disposal prior to license transfer or reassignment. The new licenses then becomes responsible for maintaining these records until license termination.

This transferring of records is necessary to ensure that adequate information will be available to effectively decommission the facility.

1 72.80fe) adds a requirement for licensees to forward to the NRC Regional Office records pertaining to decommissioning and offsite releases prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively, l.72.691fl adds a requirement for licensees to transfer records pertaining to decommissioning and offsite releases to the new licensee prior to license transfer or reassignment. The new licensee then becomes responsible for 3

W maintaining these records until license termination. This transferring of records is necessary to ensure that adequate informatien will be available to effectively decommission the facility.

2. Acency Use of Information.

Providing information on waste disposals, offsite releases, and decommissioning to the cognizant regulatory body is necessary in the event it becomes necessary to evaluate offsite consequences after a license has been terminated. This rule is a matter of compatibility between the NRC and the Agreement States.

3. Reduction of Burden Throuah Information Technoloav.

There is no legal obstecle to the use of information technology. Moreover, the NRC encourages its use, it is expected that none of the submittals will be electronic.

4. Effort to Identify Duplication and Use Similar Information.

! The Information Requirements Control Automated System was searched to determine dupitcation. No duplication was found. There is no similar information available to the NRC.

5. Effort to Redyce Small Business Burden.

Only a small number of the licensees expected to be affected by these requirements are classified as small businesses and the burden on these small

' businesses is small. The information actions are basic for all licensees and cannot be reduced any further.

6. Consecuences to Federal Proaram or Policy Activities if the Collection is Not Conducted or is Conducted Less Frecuentiv.

Required information is collected upon the intent of licensees to transfer, reassign, or terminate their license. The schedule for collecting the information is the minimum frequency which will permit NRC to ensure that the public health and safety are adequately protected.

7. Circumstances Which Justify Variation from OMB Guidelines.

Contrary to OMB guidelines, licensees are required to retain records for the life of the license. These records are required in order to ensure that NRC's health and safety regulations are being adhered to and that the public health and safety is being protected. Agency response to public comments is contained in the preamble to the rule.

8. Consultations Outside the Aaency.

The proposed rule was published in the Federal Reaister for public comment on December 28. 1994 (60 FR 66814). The final rule was modified in response to 4

comments received and considerably reduces the burden to licensees. A response to public comments is contained in the preamble to the rule, gency

9. Payment or Gifts to Respondents.

Not applicable.

10. Confidentiality of Information.

NRC provides no pledge of confidentiality for this collection of information.

11. Justification for Sensitive Ouestions.

These regulations do not pose sensitive questions.

12. Estimate Of Burden and Burden Hours Cost.

The final-rule has reduced the burden from 6,690 hours0.00799 days <br />0.192 hours <br />0.00114 weeks <br />2.62545e-4 months <br /> in the proposed rule to 4,999 hours0.0116 days <br />0.278 hours <br />0.00165 weeks <br />3.801195e-4 months <br />. However, the monetary cost for licensees has increased due to the inclusion of time for technical review of records at $116 per hour by licensee technical staff. See Table 1. Total cost for licensees terminating and transferring their licenses is estimated at $403,757. The total number of expected responses is as follows: 10 CFR Part 30 - 640, 10 CFR Part 40 - 260, 10 CFR Part 61 - 2, 10 CFk Part 70 - 50, and 10 CFR Part 72 - 10.

13. Estimate of Other Additional Cost.

Not applicable.

14. Estimated Annualized Cost to the federal Government.

The NRC is expected to receive about 300 responses annually from licensees who terminate their licenses as a result of this rulemaking. The annual cost to the NRC is estimated to be $173,824.50. See Table 2. This cost is fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

15. Reasons for Chanae in Burden or Cost.

The change in burden is due to the revision of 10 CFR Parts 20, 30, 40, 61, 70, and 72. The final rule reduces the burden in response to comments received on the provisions of the proposed rule. The number of licensees that would be affected each year has been reduced from 1,716 in the proposed rule to 962. Of these 962, the 900 licensees assumed to terminate their licenses will have to forward records pertaining to decommissioning, and the 60 licensees assumed to transfer their licenses will have to transfer records pertaining to decommissioning. Of the 900 licensees terminating their licenses 450 will also have to forward records pertaining to offsite releases and waste disposal, and of the 60 licensees transferring their licenses 30 will also have to transfer records pertaining to offsite releases and waste disposal. The other 2 licensees possess 10 CFR Part 61 licenses for waste disposal sites, it is assumed that one will terminate its license and orie 5

will transfer its license. The terminating Part 61 licensee will have to forward records pertaining to location, quantity of waste at the site and records pertaining to date of disposal and the condition of waste packages as received. The transferring Part 61 licensee will to transfer such records in addition to any funds necessary for the care of-the facility.

16. Egblication for Statistical Use.

This information is not published for statistical use.

17. Reason for Not Disolwina the Exoiration Date, The requirement will be contcined 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. Excentions to the Certification Statement._ -)

Net applicable.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL HETHODS Statistical methods are not used in this collection of information.

6

TABLE 1 INFORMATION COLLECTION BURDENS ASSOCIATED WITH RECORDKEEPING ROUIREMEL~TS OF THE REVISED 10 CFR PARTS 20, 30, 40, 61, 70, AND 72 SECTION LICENSEES HOURS / LICENSE' TOTAL BURDEN COST AT COST AT NOTES AFFECTED $45/ HOUR $116/H00R 20.2108(b) 480 0 0.00 0.00 0.00 Covered under 10 CFR Parts 30, 40, and 70 30.35(g) 40 6 240.00 3.600.00 18,560.00 30.51(d)' 30C 2 600.00 20,250.00 34,800.00 30.51(e)* 20 2 40.00 900.00 2,320.00 30.51(f) 600 4 2,400.00 54,000.00 139.200.00 40.36(f) 10 6 60.00 900.00 4,640.00 40.61(d)' 125 2 250.00 5,625.00 14.500.00 40.61(e)' 5 2 10.00 225.00 580.00 40.61(f) 250 4 1,000.00 22,500.00 58,000.00 61.30(a)(3) 1 4.5 4.50 67.5C 348.00 61.31(c)(3) 1 4.5 4.50 67.50 174.00 70.51(b)(6) 45 6 270.00 6.075.00 7,330.00 70.51(b)(7) 5 9 45.00 675.00 1.740.00 72.80(e)" 5 6 30.00 1,350.00 1.740.00 72.80(f) 5 9 45.00 1,350.00 1,740.00 l SUBTOTAL 4,999.00 117,585.00 286.172.00 TOTALS 403,757.00

• The bours noted in this colurri account for the forme licensee *s time for technical ve*ification and time for clerical prepacation of reco-os for license transfer, and the new license *s time for technical verification. These hours also account for the fo wee Itcensee's foe technical wertftcation and clerical preparation of records prior to license termination. One half of the time has been allotted for clerical p-eparation of records for termination or transfer. The other half of the time has been allotted for technical weetftcation.

• These licensees are subsetsof the part 30 and 40 licensees and therefore are not counted in the totals.

'There are no Part 72 Agreemeat State licensees.

7

_ _ _ _ . _ _ - . . _ _ _ _ - _ _ _ . . _ _ _ _ .. lu r -h

i i l i

TABLE 2 1 ESTI;MTED ANNUALIZED COST TO THE FEDERAL GOVERNMENT FOR MAINTENANCE OF RECORDS RECEIVED FROM LICENSEES PRIOR TO j LICENSE TERMINATION ASSOCIATED WITH REVISION OF 10 CFR PARTS 20, 30, 40, 61, 70 AND 72 1

i i SECTION NUMBER OF STAFF FEDERAL GOVERNMENT COST FEDERAL GOVERNMENT COST

] _ RESPONSES HOURS / RESPONSE AT $45/ HOUR AT $116/H00R l 30.51(d)* 100 3 9,000.00 11,600.00 i ,

i 30.51(f) 200 5.5 22,500.00 69,600.00 l 40.61(d)* 42 3 3,780.00 4,872.00 1

l 40.61(f) 84 5.5 9.450.00 29,232.00

{ 61.31(c)(3) 1 5.5 112.50 348.00 i 70.51(b)(6) 15 8.5 3,037.50 6,960.00 i

j 72.80(e) 5 8.5 1,012.50 2,320.00 3 SUBTOTAL 48,892.50 124,932.00 TOTAL 173,824.50 i

i i

l f

l These 11censees are sesetsof the part 30 and 40 Itcensees ard therefore are not counted in the totals.

8 i

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[7590-01-P)

NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements: Office of Management and Budget Review AGENCY: Nuclear Regulatory Commission.

ACTION:< Notice of the OMB review of information collection.

SUMMARY

The Nuclear Regulatory Commission (NRC) has recently submitted to DMB for review the following proposal for collection of {

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

l.- Type of submission, new, revision, or extension: Revision.

2. The title of the information collection: 10 CFR Parts 20, 30, 40,

.61, 70, and 72, Termination or Transfer of Licensed Activities: i Recordkeeping Requirements.

l

3. The form number if applicable: Not applicable.

4. How often is the collection required: A one-time transfer of records pertaining to decommissioning, offsite releases, and waste disposal to the responsible licensee when licensed activities are t

- - _ . _,.._ a _ .- . . . . . _ . . _ . . - _ . . - _ _ - - . . . _ . _ . . . _ . . _ , _ _ _ ,,_ .-- .~-..._.-._-.-.-,.~.s

transferred or assigned to another licensee, in accordance with the terms of the license. A one-time forwarding of records pertaining to decommissioning, offsite releases, and waste disposal to the cognizant-regulatory body once a license is terminated. There will also be a one-time forwarding of records l concerning l'ow-level waste facilities to the disposal site owner once the facility is closed and the. license transferred to the disposal site owner, and a one-time forwarding of records to the cognizant regulatory body and the party responsible for institutional control of the site once that body terminates the license.

5. Who will be required or asked to report: Part 30, 40, 61, 70 and 72 NRC and Agreement State licensees who are transferring, assigning, or terminating their licenses.

6. An estimate of the number of responses: 962.

7. The estimated number of annual respondents: 962 per year.

8. . An estimate of the number of hours needed annually to complete the requirement or request: 4,999 hours0.0116 days <br />0.278 hours <br />0.00165 weeks <br />3.801195e-4 months <br /> for all 962 licensees affected by the rule or an average of 5.2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> per licensee.

9. An indication of whether Section 3507(d), Pub. L. 104-13 applies:

Applicable.

2

o

10. Abstract: The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to-the disposition of certain records when a licensee terminates licensed activities or licensed activities i are transferred to another licensee. The final rule requires a licensee to transfer records pertaining to decommissioning, and j certain records pertaining to offsite releases and waste disposal, to the new licensee if licensed activities will continue at the same site, and it requires all affected licensees to fo'vard these t

records to the NRC when a license is terminated.

+

Submit by (insert date 30 days after publication in the Federal Reaister),

l comments that address the followir.g question:

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

i

! 2. Is the burden estimate accurate?

1

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

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

3 t

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A copy of the submittal may be viewed free of charge at the NRC.Public Document Room, 2120 L Street, NW (lower level), Washington, DC 20555-0001.

Members of the public who are in the Washington, DC, area can access this document via modem on the Public Document Room Bulletin Board (NRC's Advanced Copy Document Library) NRC subsystem at FedWorld, 703-321-3339. Members of the public who are located outside of the Washington, DC, area can dial FedWorld, 1-800-303-9672, or use the FedWorld Internet address: fedworld. gov (Telnet). The document will be available on the bulletin board for 30 days l after the signature date of this notice, if assistance is needed in accessing i

the document, please contact the FedWorld help desk at 703-487-4608.

Comments and questions should be directed .to the OMB reviewer by (insert date 30 days after publication in the Federal Reaister):

Troy Hillier Office of information and Regulatory Affairs (3150-0014, 3150-0017, 3150-0020, 3150-0009, and 3150-0132, 3150-0135)

NE0B-10202 Office of Management and Budget Washington, DC 20503 Comments can also be submitted by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda J. Shelton, (301) 415-7233.

Dated at Rockville, Maryland, this ' #~ E day of/l /t,<,u .r , 1996.

/

For the Nuclear Regulatory Commission.

\ ,

-d i <A\ ,

/l L i o# f Gerald F. Cranford, Designated 5 e_w.gS nior OffTcTiT for Information Resources Management.

4

4 4

2

[7590-01-P)

NUCLEAR REGULATORY COMNISSION 10 CFR Parts 20, 30, 40, 61, 70, and 72 i

RIN: 3150-AF17 l -Termination or Transfer of Licensed Activities: Recordkeeping Requirements i

AGENCY: Nuclear P.egulatory Commission.

I ACTION: Final-rule. >

l -

i

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred to another licensee. The final rule requires a licensee to transfer records '

pertaining to decommissioning, and cortain records pertaining to offsite releases and waste disposal, to the new licensee if licensed activities will continue at the same site, and it requires the new licensee to-forward these same records to the NRC before the license is terminated.

= EFFECTIVE DATE: (30 days after publication).

FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, {

telephone (301) 415-6230, e-mail MLT19NRC. GOV. I r

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SUPPLEMENTARY INFORMATION:

1. Background While evaluating an incident involving some offsite contamination, the NRC identified a deficiency in the current recordkeeping requirements. The NRC was unable to determine how much radioactive material was released to a sanitary sewerage system because records of previous releases by the original holder of the license were not available. In addition, the regulations were unclear with regard to the final disposition of these records when licensed activities have ceased and the license is terminated. A proposed rule l requiring licensees to forward certain records to the NRC once licensed activities ceased, or to a new owner if they would be taking over licensed activities, was published for comment in the Federal Register on December 28, 1994 (59 FR 66814),

11. Discussion of comments and summary of requirements in the final rule This section includes a discussion of the significant issues raised by public comment and how they were addressed. Six comment letters were received on the proposed rule, 3 from Agreement States, 1 from a licensee, and two from public interest groups. Three supported the proposed rule, and three (from Agreement States) questioned the benefit in adopting these requirements.

Eublic Comments

1. Need for the rule and expected benefit.

Comments. Two commenters stated-that the NRC has not demonstrated the need for the rule on the basis of one incident. They also stated that the NRC

~

l did not demonstrate how the proposed regulations and their commensurate costs would assist licensees, the NRC, and the Agreement States in the analysis of j the environmental impact from the site. They requested that the NRC provide data that permits evaluation of the actual impact of these regulations.

These same commenters stated that the usefulness of the records in the decisionmaking process should also be demonstrated in each case. They referred to the Objective Section of the Draft Regulatory Analysis, which stated that these records "...will provide the NRC with the information needed to assess possible risks associated with licensed activities once a licensee has terminated its license." They believed that this assumption is generally falso, and that even if sewer release records were availabic, an independent evaluation of the environment would still be required.

EnDDaig. The intent of the proposed rule was to ensure that records that are required by current regulations to be retained by licensees during licensed operations are available in the event that safety concerns arise after license termination regarding any offsite consequences found to have resulted from licensed operations. Since the NRC may not be able to determine what problems will arise in the future, the best course of action is to have the records available after the license is terminated. The proposed rule specified that the records used by the licensee to demonstrate compliance with the public dose limits and limits on waste disposals were to be forwarded to the NRC prior to license termination or to the new owner if licensed operations were to continue at the site under a new or amended license. in addition, the proposed rule specified that records important for decommissioning be provided to the new licensee prior to license reassignment or transfer. As discussed below, in addition to decommissioning records, the 3

records included in the final rule are: results of offsite release

, measurements and calculations under i 20.2103(b)(4); and waste disposals authorized under il 20.2202, 20.2203, 20.2204, and 20.2205.

In order for the NRC to determine that a licensee has effectively decommissioned its facility, and to authorize license termination, the NRC will review the licensee's eva?uation of previous releases to the environment and waste disposals to determine whether there is a need for the licensee to remediate significant vifsite contamination as a result of past licensed activities prior to license termination. Licensees are already required to keep these records until license termination.

, When transfer of a license to a new entity is approved by the Commission, certain records related to offsite releases of material, including waste disposals, would be needed by the new licensee prior to decommissioning to determine areas where remediation may be needed. In addition, there may be circumstances where it will be necessary for the NRC or other government agencies to evaluate the effects of licensed operations on the environment.

Although other information wou.d also be needed to perform an environmental A.nalysis, access to these records would be useful in evaluating potential sources of contamination.

The NRC has re-evaluated the impact of this regulation in the Regulatory Analysis. The records required to be transferred are the records that the licensee is already required to retain until license termination. The burden associated with this rulemaking relates to transfer and subsequent storage of records, and as discussed in the Regulatory Analysis, is not found to be significant.

4

The final rule has been modified to specify that only decommissioning records and records of offsite releases and waste di:posai need to be

-forwarded to the new licensee in the event of license transfer or i

re-assignment and that these are the only records that need to be provided to the NRC at license termination, in addition, only licensees authorized to possu unsealed source material or unsealed byproduct material with ,

half-lives greater than 120 days (i.e., licensees that have a potential for significant contaminatici) will be required to provide records to the new

{ licensee in the event of re-assignment or transfer and to the NRC at license 3

termination. The use of a 120 day half-life for byproduct material was chosen l because radioactive material with half-lives less than 120 days would be completely decayed in a few years, and corresponds to the value currently used l to determine which licensees must have a decommissioning funding plan. This change in the firal rule was made to reduce the burden on a number of

, licensees that routinely use only sealed sources and, in the case of byproduct 1

material, short-lived isotopes (less than 120 days). Licensees authorized to

possess only mb' tources would still be required to retain records of spills involving source ruptures, under current decommissioning recordkeeping requirements. The final rule will require all licensees to forward decommissioning records to the NRC at license termination. Using this.

criteria the numt er of licensees affected annually by this rulemaking has decreased from approximately 1700 in the proposed rule to 960 in the final rule.

5

4

2. Agreement State Compatibility.

Comment. One commenter stated (1) that thert was r.o bcsis for a l Division 2 level of compatibility and (2) that an Agreement State could use ,

] other methods, such as actual surveys, to confirm that there was no offsite ,

contamination. In addition, the commenter stated that other costs associated with the proposed rule have not been considered, such as costs associated with inspections, and while the NRC may be able to absorb these costs in "non-core portions of the inspection program," agreement States do not have this luxury.

[ Response. The Commission still believes that this rule should be l

4 assigned a Division 2 compatibility level for most of the new requirements.

The final rule assigns a Division 3 compatibility level for the requirement that records be provided to the regulatory agency prior to license termination. While the NRC believes that it would be prudent for Agreement States to adopt a similar requirement, the final rule assignment of a Division 3 compatibility level for this requirement provides the flexibility for each State to determine which records should be provided to the regulatory agency and retained by it at license termination.

The NRC believes retention of these records will aid in the resolution of potential safety concerns that may be identified after license termination, and also recognizes that an Agreement State without an equivalent requirement for record retention has the ability to resolve potential future safety concerns. However, this can be achieved by conducting radiological surveys at the formerly licensed site. - Without the records, these surveys may need to be greater in number and may be more costly, but the absence of retained records will not preclude an Agreement State from adequately assessing future safety Concerns.

6

d Because-the Commission has reduced the burden of this-rule by limiting the number of: licensees affected by this rule, the inspection burden on the l Agreement States should not be significantly increased. it is unlikely that any State will have more than 2-3 transfers per year. With respect to other l

1 costs, the reporting burden reflects-that the time required to index, review, i and store the required records has been re-calculated to be.an average of 5 3

hours per license termination or transfer.

'l

3. Regulatory Alternatives.

C.petni. Two commenters stated that the NRC failed to identify i regulatory alternatives that would be as effective as the proposed rule while 1

placing less burden on licensees, the NRC, and Agreement States. As noted in I the discussion of Issues 1 and 2, the commenters concluded that any benefit from the proposed rule is questionable. They stated that specific regulatory alternatives that should be considered include, but are not limited to

)

l a. Perform separate evaluations for the utility of requiring records

!_ for offsite releases and for waste disposal, and making independent judgments,

b. . Consider limiting the scope of the rules to address only those

! . facilities that possess unsealed sources with long half-lives, i

f

c. Consider all records being provided to the NRC, rather'than

. requiring Agreement States to maintain the records.

d. Eliminate transferring 10 CFR 20.2005 type records (disposal of

, specific-wastes, in quantities less than or equal to 1.85 kilobecquerels per j gram of tritium or carbon-14 in scintillation fluids or animal tissue).

Respons.g. The Commission considered possible alternatives to

rulemaking. These are addressed in the Regulatory Analysis prepared for this

1. 7 4

1 i

rule. The following information is provided with respect to the specific recommendations of the commenters:

(a) The NRC reconsidered the scope of the proposed rule and decided to limit the records required to those needed to support decommissioning. The Commission has already evaluated the impact and need for decommissioning records in promulgating a final rule addressing recordkeeping requirements for decommissioning (58 FR 39628).

The records included in the final rule are decommissioning records, records of waste disposals that would be permitted under il 20.2002 1

(including any burials authorized befort January 28, 1981), 20.2003, 20.2004, 20.2005, and results of measurements and calculations used to evaluate offsite releases (l 20.2103(b)(4)). These records would be helpful in evaluating

• he impact of a licensee's past activities. This infor. nation can be used by the new licensee receiving the records in developing decommissioning plans and by the regulatory agency to evaluate the adequacy of the licensee's decommissioning activities. With this change, the NRC concluded that for most licensees the overall number of records that would be required to be s transferred to the new licensee should not exceed the capacity of several file drawers, even for a license that has been in effect for some time and, therefore, the overall burden associated with the transfer should be small.

In addition, the rule permits storage of this information electrcnicaily. The final rule also requires that decommissioning records and certain records pertaining to offsite releases and waste disposal be forwarded to the NRC or the appropriate Agreement State prior to license termination.

(b) The NRC has evaluated the suggestion to limit the scope of licensees covered by the rule and has revised the final rule and the 8

Regulatory Analysis to reflect that, for licenses authorized under Parts 30 or 40, the rule only affects those licensees authorized to possess unsealed byproduct material with half-lives greater than 120 days or unsealed source material. Licensees that use and possess sealed sources, or unsealed l byproduct material with short half-lives, are no longer affected by this rule.

i

As a result of this change, most medical licensees will not need to transfer

records in the event of license transfer, or re-assignment. Final records p disposition for thesc licensees and others exciuded by this rule will still be i

determined on a case-by-case basis by the NRC at the time of license termination.

(c) The purpose of-this rulemaking is to assure that adequate records are available to provide historical information on previous licensed operations in the event significant offsite contamination is detected after a licensee has ceased operation of their facility. To provide flexibility to the Agreement States,:the sections of the final rule requiring transmittal of records to the NRC at license termination have been designated Division 3 compatibility level. Because-the NRC has discontinued its regulatory authority in the Agreement States for this material, it is appropriate that the_ Agreement States, rather than the NRC, both determine which Agreement State licensee records should be retained at license termination, and maintain those records.

(d) Records of waste disposals- allowed by 9 20.2005 currently are required by 1 20.2108(b) to be retained until the Commission terminates each pertinent license requiring the record. The Commission is currently evaluating a petition for rulemaking that requests a revision to 1 20.2005 pertaining to waste disposal. This petition is currently on hold until 9

finalization of-the rulemaking addressing radiological criteria for decommissioning. In light of this, we will consider this comment in resolving this petition.

4. Public Access To Information.

Comment One commenter was concerned that the Commission overlooked the benefits which coald result from simple, inexpensive-to-implement requirements-enhancini public access to information. This commenter noted that enhanced public access to information is an important (though not the only) reason for recordkeeping, in part because informed members of the public can play a significant role in ensuring that regulatory actions are appropriate and timely. This commenter urged the Commission to consider enhanced public access to information as part of a coherent policy to protect important documentary information from loss, Response. This rule requires that records pertaining to decommissioning and certain records pertaining to offsite releases and waste disposals be transferred to a licensee that takes over a previous licensee's business and that'these records be forwarded to the cognizant regulatory body prior to license termination, thereby-protecting these records for future access. Once these records are forwarded to the NRC,.they uill be available through the Freedom of Information- Act process, exclusive of any proprietary information.

5. Independent Spent Fuel Storage Installations and 10 CFR 72.30(d)

Requirements.

Comment. One commenter stated that 10 CFR 72.30(d) addresses recordkeeping requirements for decommissioning for independent spent fuel 10

1 storage installations and that the NRC has proposed changes to this paragraph to address the transfer of licensed activities. This commenter questions why 10 CFR 50.75(g), which contains the same type of recordkeeping requirements for decommissioning for production and utilization facilities, was not changed. The commenter believes this to be inconsistent and possibly an inadvertent omission by the NRC.

Resoonse. This rule only addresses materials licensees. The Commission is currently evaluating the need for additional rulemaking to address the broad issue of transfers of reactor licenses. Any such rulemaking would also consider recordkeeping requirements.

Summary of Reouirements of the Final Rule The final rule requires transfer of certain records pertaining to decommissioning, offsite releases, and waste disposal to a licensee that takes over operation of licensed activities. These records include: those waste disposals that would be permitted under il 20.2002 (including any burials authorized before January 28,1981),20.2003,20.2004,20.2005, and results of measurements and calculations used to evaluate offsite releases

($20.2103(b)(4)). The new licensee will need these records in order to perform an adequate site characterization prior to decommissioning. Once the new entity is granted a license and accepts these records, they become subject to all regulations concerning termination and transfer. The final rule also requires that these records be forwarded to the NRC prior to license termination. In selecting records to include in this rulemaking, the NRC focused attention on information that would be needed by licensees to conduct decommissioning effectively and for the NRC to evaluate offsite consequences 11

from a licer.see's operation. In addition, for certain records of offsite releases and waste disposals, the final rule has also been modified to apply to licensees only authorized to possess source and byproduct material with half-lives greater than 120 days, in an unsealed form.

Paragraph 20.2108(b) has been amended to state that there are additional requirements for disposition of records in 10 CFR Parts 30, 40, 70, and 72. Paragraphs 30.35(g) and 40.36(f) specify records that the Commission considers important to decommissioning. .ie NRC has revised these paragraphs to require the transfer of records pertaining to decommissioning to the new licensee. Paragraphs have been added to il 30.51, 40.61, 70.51, and 72.80 to clarify that records pertaining to decommissioning, offsite releases, and certain records pertaining to waste disposal be forwarded to the new licensee prior to license transfer or re-assignment, or to the NRC prior to license termination. Also, paragraphs have been added to il 61.30(a)(3) and 61.31(c)(1) to clarify that records required by ll 61.80(e) and (f) are to be transferred to the disposal site owner, or to the party responsible for institutional control of the disposal site, respectively.

Finally, a new paragraph has been added to il 30.36, 40.42, 70.38, and 72.54 to state that a license will not be terminated until the NRC receives the records required by revised il 30.51, 40.61, 70.51, and 72.80.

12

. . - - . - - - . .-. - . - ~ .. - - - - - - .

!!!. Agreement State Compatibility This rulemaking will be a matter of compatibility between the NRC and the Agreement States, thereby providing consistency of State and Federal safety requirements. The NRC has determined that a Division 2 level i

of compatibility should be assigned to the changes-to il 30.35, 40.36,'and 61.31 because the records required by these sections are important to assure protection of public health and safety, and are'important to ensure that l facilities in Agreement States are effectively decommissioned. Under this level of compatibility the Agreement States will be expected to adopt j recordkeeping requirements that are as stringent as NRC's, but they will be permitted flexibility in their requirements based on their radiation i

l protection experience, professional judgments, and community values.

Revisions to il 30.51, 40.61, 70.51, and 72.80 that require records to be forwarded to the new licensee whenever a license is transferred or 4

re-assigned will also be assigned a Division 2 level of compatibility for the 1

reasons cited above. Other revisions to these sections addressing forwarding of records to the NRC prior to license termination will be assigned a

_ Division 3 compatibility level. Under this level of compatibility _.the Agreement States will have the option to adopt similar requirements regarding i

final disposition of the records, but will not be required to adopt such requirements. While NRC believes retention of these records will aid in the resolution of potential safety concerns that may be identified after license termination,-it also recognizes that an Agreement State without an equivalent requirement for record retention has the ability to resolve potential future safety concerns. This can be achieved by conducting radiological surveys at i

13

I the formerly licensed site. Without the records, these surveys may need to be greater in number and may be more costly, but the absence of retained records will not preclude an Agreement State from adequately assessing future safety Concerns.

IV, Environmental . ,)act: Categorical Exclusion The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3)(ii), recordkeeping requirements. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

V. Paperwork Reduction Act Statement i

i This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

These requirements were approved by the Office of Management and Budget, approval number 3150 0014 0017 0020, 0009, 0132, and -0135.

The public reporting burden for this collection of information is estimated to average 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments on any aspect of this collection of information, including suggestions for reducing burden, to the Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-1

i -

, 0001, and to the Desk Officer, Office of Information and Regulatory Affairs,

NE08-10202,-(3150-0014 -0017, -0020, -0009, -0132, and -0135), Office of

] ' Management and Budget, Washington, DC 20503.

I

! Public Protection Notification i

j The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid I

OMB control number.

VI. Regulatory Analysis The NRC has prepared a regulatory analysis on this final rule. The analysis examines the costs and benefits of the alternatives considered by the NRC. The regul_atory analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the analysis may be obtained from Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-6230; email: MLTl@NRC. GOV VII. Regulatory Flexibility Certification In accordance.with the Regulatory Flexibility Act of 1980 (5 U.S.C.

605(b)), the Commission certifies that this- final rule does not have a significant economic impact on a substantial number of small entities. The

-rulemaking imposes requirements-on those licensees who are required to have decommissioning funding assurance and on licensees who are transferring their 15

l license to a new licensee. These changes require the transfer of records pertaining to decommissioning, and certain records of waste disposals and offsite releases, to the new licensee. In addition, the rule requires

_ forwarding these records to the NRC at license termination. These records are already required to be maintained until the license is terminated by the Commission, and are needed to provide historical information of the impact of i

j a previous licensee activities on the environment and decommissioning.

! Vill. Backfit Analysis i

The NRC has determined that the backfit rule, 10 CFR 50.109, does not f apply to this final rule and, therefore, that a backfit analysis is not i

required for this rule because these amendments do not involve any provisions j that would impose backfits as defined in 10 CFR 50.109(a)(1).

i 16

Q-List of Subjects in 10 CFR Parts 20, 30, 40, 61, 70, and 72 10 CFR Part 20 Byproduct material, Criminal ' penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping

- requirements, Special nuclear material, Source material, Waste treatment and disposal.

10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 40 Criminal penalties, Government contracts, Hazardous materials transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.

10 CFR Part 61 Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and . disposal .

10 CFR-Part 70

• Criminal penalties,- Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation j

17 E

0 4

! f '

protection,-Reporting and recordkeeping requirements, Scientific equipment,-

Security measures, Special nuclear material.

i 10 CFR Part 72

] Manpower training programs, ':.dclear materials, Occupational safety and j health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

1 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, i

as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 20, 30, 40, 61, 70, and 72.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION 1

1. The authority citation for Part 20 continues to read as follows

AUTHORITY: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930,

933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236, i 2297f), secs. 201, as amended 202, 206, 88 Stat. 1242, as amended, 1244, 1246 1

l- (42 U.S.C. 5841, 5842, 5846).

In i 20.2108, paragraph (b) is revised to read as follows:

2.

1 E 20.2108 Records of waste disposal, i l l

. l i

t 18 q I

e l

(b) The licensee shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring the record. Requirements for disposition of these records, prior to license termination, are located in il 30.51, 40.61, 70.51, and 72.80 for activities licensed under these parts.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

3. The authority citation for Part 30 continues to read as follows:

AUTHORITY: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 30.7 also issued under ou b. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

Section 30.34(b) also issued under sec.184, 68 Stat. 954, as smended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

4. In 6 30.35, the introductory text of paragraph (g) is revised to read as follows:

1 30.35 Financial assurance and recordkeeDina for decommissionina.

(g) Each person licensed under this part or parts 32 through 36 and 39 of this chapter shall keep records of information important to the 19

decommissioning of a facility in an identified location until the site is released for unrtstricted use. Before licensed activities are transferred or assigned in accordance with 6 30.34(b), licensees shall transfer all records described in this paragraph to the new licensee. In this case, the new licensee will be responsible for maintaining these records until the license is terminated. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning l consists of --

i

5. In i 30.36, paragraph (k)(4) is added to read as follows:

6 30.36 Exoiration and termination of licenses and decommissionina of sites and separate buildinas or outdoor areas.

(k) *

(4) Records required by 6 30.51(d) and (f) have been received.

6. In 6 30.51, paragraphs (d), (e), and (f) are added to read as follows:

6 30.51 Record 1 (d) Prior tc license termination, each licensee authorized to possess radioactive material with a half-life greater than 120 days, in an unsealed form, shall forward the following records to the appropriate NRC Regional Office:

20

f (1) Records of disposal of licensed material made under il 20.2002 (including burials authorized before January 28, 1981'), 20.2003, 20,2004, 20.2005; and

-(2) Records required by 620.2103(b)(4).

(e) If licensed activities are transferred or assigned in accordance ,

l with i 30.34(b), each licensee authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, shall transfer '

the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(1) Records of disposal of licensed material made under il 20.2002 (including' burials authorized before January 28, 1981'), 20.2003, 20.2004, 20.2005; and

[

a

! (2) Records required by 920.2103(b)(4).

(f) Prior to license termination, each licensee shall forward the records required by 6 30.35(g) to the appropriate NRC Regional Office.

PART 40--00MESTIC LICENSING OF SOURCE MATERIAL

7. The authority citation for Part 40 continues to read as follows:

AUTHORITY: Secs. 62, 63, 64, 65, 81, 161,.182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. lle(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 1 A previous S 20.304 permitted burial of small quantities of licensed materials in soil before January 28, 1981, without specific Commission authorization.

21 f

p._ .

4 amended, 202, 206, 88 Stat. 1242,'as amended. 1244, 1246 (42 U.S.C. 5841, t 5842, 5846); sec. 275, 92 Stat. 3021, as amended.by Pub. L.97-415, 96 Stat. .

s 2067 (42 U.S.C.?2022). 1 j Section-40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as ,

i amended by Pub. L= 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

'Section 40.31(g) also issued under'sec. 122, 68 Stat. 939 (42 U.S.C._2152).

) -Section 43.46 also issued under sec. 104, 68 Stat. 954, as amended-(42 U.S.C.

t j 2234). Section 40.71 also issued under-sec. 187, 68 Stat. 955 (42 U.S.C.

2237),

i i

i l 8. In 140.36, the introductory text of paragraph (f) is revised to .

read as-follows:

i i 40u 36 Financial assurance and recordkeepino for-decommissionina.

(-

t (f) Each person licensed under this part shall keep records of I information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed ,

activities are transferred or assigned in accordance with 6 40.41(b)

' licensees shall kransfer all records described in this paragraph to the new

{

i -licensee. In this case, the new licensee will be responsible for maintaining b these records until the-license is terminated. If records important to-the-l decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers

+

important to decommissioning consists of --

l.

i-i i

22

- . - . . - . . . - _ . - . . - . . - - - . . . ~ . - . . - - - . - - . . . - - - - .

t c

{ .

j- 9. In 6 40.42, paragraph (k)(4) is added to read as follows:

) i 40.42 Exoiration and termination of licenses and decommissionina of sites and separate buildinos or outdoor arq11 (k) l (4) Records required by 6 40.61(d) and-(f) have been received.

4

10. In i 40.61, paragraphs (d), (e), and (f) are added to read as i

j follows:

i i 40.61 Records, i

• b (d) Prior to license termination, each licensee authorized to possess

- source material, in an unsealed form, shall forward the following records to-the appropriate NRC Regional Office:

(1) Records of disposal of licensed material made under i 20.2002 (including burials authorized before January 28, 1981'), 20.2003, 20.2004, 20.2005; and-(2) Records required by 620.2103(b)(4).

(e) If: licensed activities are-transferred or assigned in accordance with 6 40.41(b), each licensee. authorized to possess source material, in an unsealed form, shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the-license is terminated:

l 3

i 1 A previoue $20.304 permitted burial of small quantities of licensed materials in soil before January 28, 1981, without specific Commission 4 authorization.

23 l

)

l ..

a l '. -

i .

1

(1) Records of-disposal of licensed material made under i 20.2002  ?

[ (including burials. authorized before January 28, 1981 ), 20.2003, 20.2004, 8 i

20.2005; and l -

(2) Records required by 620.2103(b)(4).

j (f) Prior to license termination,-each licensee shall forward the recoras ' required by 140.36(f) to the appropriate NRC Regional Office.

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADI0 ACTIVE WASTE 5

11. The authority citation for Part 61 continues to read as follows:

AUTHORITY: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093,

. 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246, (42 U.S.C.

5842, 5846); secs 10 and 14, Pub. L.95-601, 92 Stat. 2951 (42 U.S.C. 2021a

• and 5851) and Pub. L.- 102-486, sec. 2902, 106 Stat. 3123, (42'U.S.C. 5851).

i

12.- In l-61.30, paragraph (a)(3) is revised to read as follows

3 1 61.20 Transfer of license, j

(a)

(3) That any funds for care and records _ required by 16 61.80(e) and l

(f) have been transferred to the' disposal site owner;

13. In i 61.31, paragraph (c)(3) is added to read as follows:

i i 61.31 Termination of license.

i j (C) *

24 1

y - - - - . . . __ - -- s . . ~ -m.-, m , _-.-e.,,_. , , . -. - %,

- .- - . - - ~ ~. - . _ . - ~ - - . - - - - . - . - . - - . . - - . . - - - -

~ .

3 j (3) That the records required by ll 61.80(e)'and (f) have been'sent to the party responsible for institutional control of the disposal site and a copy has been sant to the Commission immediattly prior to license termination.

~

f I

4 j * * * *

• 4 PART 70--DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL  ;

E I 14. The authority citation for Part 70 continues to read as follows:

i i AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, i

! 954, as amended, sec. 234, 83 Stat. 444, as amended sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42

j. U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.

l 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also

( -

issued under Pub. L,-95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). . Section 1 70.21(g) also issued under.sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section f

70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42.U.S.C.

I 2077).. Sections 70.36 and 70.44 also issuad under sec. 184, 68 Stat. 954, as j amended (42 U.S.C. 2234). Section 70.61 also issued under secs. IS6,187, 68

! Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued.under sec. 108,

-68 Stat. 939, as-amended-(42 U.S.C. 2138).

[

15. In's 70.25, the introductory text of paragraph (g) is revised to I -

] read as follows:

i 25 t

e

-1

\

l I 70.25 Finant,a1 assurance and recordkeepino for decommissionina.

(g) Each person licensed under this part shall keep records of information important to the decommissioning of a-facility in an identified location until the site-is released for unrestricted use. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their iocations may be ustd. Information the Commission considers important to decommissioning consists of --

16. In 170.38, paragraph (k)(4) is added to read as follows:

4 70.38 Expiration and termination of licenses and decommissionino of sites and separate buildinas or outdoor areal.

(k)

(4) Records required by 5 70.51(b)(6) have been received.

17. In i 70.51, footnotes 2 and 3 are re-designated as footnotes 3 and 4, paragraph (b)(6) is revised, and a new paragraph (b)(7) is added to read as follows:

4 70.51 Material balance. inventory. and records reouirements.

(b)

(6) Prior to license termination, licensees shall forward the following records to the appropriate NRC Regional Office:

-26

5

. 1 (i) Records of disposal of licensed material made under 6 20.2002 (including' burials authorized before January 28 1981'), 20.2003, 20.2004, 20.2005; (ii) Records required by 9 20.2103(b)(4); and (iii) Records required by 6 70.25(g).

(7) If licensed activities are transferred or assigned in accordance with 6 70.32(a)(3), the licensee shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(i) Records of disposal of licensed material made under i 20.2002 (including burials authorized before January 28, 1981'), 20.2003, 20.2004,

-20.2005; (ii) Records required by 5 20.2103(b)(4); and (iii) Records required by 6 70.25(g).

2 A previous S20.3o4 permitted burial of small quantitles of licensed materiale in soil before January 28, 1981, without specific Commission l authorization.

l 27 ,

i, ' .

, PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT-NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE

18. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 etat. 444, as amenc".) (42 U.S.C. 2071, 2073, 2077, 2092, 2093,2095,2099,2111,2201,2232,2233,2234,2236,2237,2238,2282);

sec. 274, Pub. L.86-373, 73 Stat. 688, as amended-(42 U.S.C. 2021); sec. 201, ,

as amended, 202, 206, 88 Stat. 1242, as amended, 120 , 1246 (42 U.S.C. 5841, ,

5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 2951, 106 Stat. 3123 (42 U.S.C.

5851); sec. 102 Pub. L.91-190, 83 Stat, 853 (42 U.S.C. 4332); Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157,10161,10168).

Section 72.44(g) also issued under secs, 142(b) and.148(c), (d), Pub. L.

100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)).

Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239);

sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section.72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C.

10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),ll?(a), {

l 141(h), Pub. L.97-42S, 96 Stat. 2202, 2203,-2204, 2222, 2244, (42 U.S.C.

10101,10137(a),10161(h)). - Subparts K and L are also- issued under sec.133, 98-Stat. 2230 (42 U.S.C. 10153) and Sec. 218(a), 96 Stat. 2252 (42 U.S.C.

10198),

28 l

, _ _ . _ _ . . . _ - . ~- _ _ _ _ _ _ . . _ . . . _ .

. .. _ _ _ . .. ..m.__._._._.

. s Y. '-

s. .

i'= -

l

19. In if 72.30, the Lintroductory text of paragraph (d) is revised to read as follows:

I i 72.30 Financial assurance and recordkeepino for decommissionina. ,

(d) Each person licensed under this part shall keep records of j

information important to the decommissioning of a facility in an identified -

1 location until the site is released for unrestricted use. If records

important to the decommissioning of a. facility are kept for other purposes,

. reference-to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --

l i

20. In i 72.54, paragraph (m)(3) is added to read as follows

f I 72.54 Exoiration and termination of licenses and decommissionina of sites J

and seoarate buildinos or outdoor areas.

f I

(m)

[ (3) Records required by 172.80(e) have been. received.

) 21. In 6 72.80, paragraphs (e) and (f) are added to read as follows:

I 72.80 Other records and reports.

I (e) Prior to itcense-termination, the licensee shall forward records required by il 20.2103(b)(4) and 72.30(d) to the appropriate NRC Regional i

Office, o

l 4

29 t

(f) If licensed activities are transferred or assigned in accordance with 6 72.44(b)(1), the licensee shall transfer the records required by li 20.2103(b)(4) and 72.30(d) to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated.

Dated at Rockville, Maryland, this / day of 2/s 1996.

g:

For the Nuclear Regulatory Commission.

/

- ber!

Jarps ! Taylor, g/

cy ve Director for Operations.

30

1

A copy of the submittal may be viewed free of charge at the NRC Public Document Room, 2120 L Street, NW (lower level), Washington, DC 20555-0001.

Members of the public who are in the Washington, DC, area can access this document via modem on the.Public Document Room Bulletin Board (NRC's Advanced Copy Document Library), NRC subsystem at FedWorld, 703-321-3339.

, Members of 3 the bublic who are located outside of the Washington, DC, area can dial a

i FedWorld, 1-800-303-9672, or use the FedWorld Internet address: fedworld. gov (Telnet). The document will be available on the bulletin board for 30 days ,

after the signature date of this notice. if assistance is needed in accessing the document, please contact the FedWorld help desk at 703-487-4608.

i l

Comments and questions should be directed to the OMB reviewer by (insert date

. 30 days after publication in the Federal Reaister):

$ Troy Hillier

! Office of Information and Regulatory Affairs (3150-0014, 3150-0017, 3150-0020, 3150-0009, and 3150-0132,

! 3150-0135)

NE0B-10202 Office of Management and Budget

], Washington, DC 20503 j Comments can also be submitted by telephone at (202) 395-3084.

I The NRC Clearance Officer is Brenda J. Shelton, (301) 415-7233.

j Dated at Rockville, Maryland, this / day of Fil w . , 1996.

l T

FortheNuclearRegulagyCommission.

Gerald F.Cranford Eerald T.- Cranford, Designated Senior Official 1 for Information Resources Management.

DISTRIBUTION:

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.- -DATE .i / 7/96, i h/p96 '

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