ML20235S511
| ML20235S511 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/1987 |
| From: | Mcdonald W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | |
| References | |
| OMB-3150-0036, OMB-3150-36, NUDOCS 8710090026 | |
| Download: ML20235S511 (6) | |
Text
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lM 2
s S'"" ' "" a 3 Request for OMB Review
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(Rev Seuemtser 198h
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important
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"Q Read instructions before completing f orm. Do not use the same SF 83 Send three copies of this form, the matenal to be reviewed. and for to reauest botn an Execut:va Orcer 12291 review and approval under paperwork-three copies of the supporting statement. to' the Paperwerk Reduction Act Answer all Questions in Part 1. If this recuest is for review under E.O.
Office of information and Regulatory Affairs o.rt H and s gn tne reculatory ce-t:fication. If this Office of Management and Budget 12291. corrpiete r
recuest is for aopraval voer the' Paperwoik Reduction Act and 5 CFR Attention: Docket Library, Room 3201 1320. sk;p Part II. comoete PFt W and Sign Ine pr perwork Certification.
washington, oc 20503 PART l.-Complete This Part for All Requests.
- 1. Department / agency and Bureau, office onguating req.est
- 2. Agency code U. S. fluclear Regulatory Commission yngg
- 3. Name of person ono can oest answer questions regaro.ng this request Telepnone nun. Der n adne_Hembv 9 01 3 492-7984
- 4. Title of mformation conectiodor rwemaking 10 CFR 110, Export and Import of fluclear Equipment and flaterial S. cegal autnonti for mtormation conection ar ru>e tc.te unitec States Cece. PuDhc Law. or EAecut>Ve 0rder) 42 use P20Llo) or
- 6. Affected pubhc(checkallthatapply) 5 C Federalagencies or employees 1 C individuals ct housenolos 3
Farms 6
Non profitinstitutions 2 C State orlocalv.e.ernments 4 3 Businesses or other for profit 7 S3 Smallbusinesses ororganizations PART ll.-Complete This Part Onlyif the Reauest is for OMB Review Under Executive Order 12291
- 7. Regulation iden'ifier Number (PIN) 1 1
- _ _ _ _, or. None asszned C
- 8. Type of suomtssuon (cnecs one on each category)
Type of review requested Classification Stage of development 1 C Standarc 1 C Major 1 C Proposed or draft 2 C Pend.ng 2 C Nonmajor 2 C Finalorinterm final.with pnor proposal 3 C Emergency 3 C Final or intenm final, ethout rinor proposal 4 U Statutory or judicial deadhne
- 9. CFR section affected CFR
- 10. Does this regulation contain reporting or recordweeping veguirements that require oMB ar proval under the Paperwork Reduchon Act and 5 Cf R 1320?
. C Yes C No
- 11. If a major rule,is there a regulatory impact analysis attached?
1 C Yes 2 No if"No." did OMB waive the analysis?
3 C Yes 4 C No C$rtific: tion for Regulatory Submissions in submitting this request for OMB review, the authonzed regulatory contact and the program official certify that the tequrements of E o.12291 and any apphcable pohcy directives have been comphed with.
Signature of program official Date
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Signature of autnonzed regwatery contact Date 8710090026 871005 PDR ORO EUSOtlB
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- 12. coma use onty)
PDR Prenous ecttions ODsolete 83 108 standard Form 83 (Rev 9 83)
NSN 7540-00 634 4034 Prescribea by OMB 5 CFR 1320 and LO 12291
.____-__-___._--a
PART lli.-Carnpleta This Put Only if tha R:;qu2st is for Approval cf a Cohection i
cf informati:n Under the P psrwork Rssucti:n Act and 5 CFR 1320.
.13. Abstract-Desenbe nasds, uses and affected public in 50 words or less
" Export-import regulation, nuclear equipment and material," 10 CFR 110 provides the application, reporting, and recordkeeping requirements for the export and import of nuclear equipment and material.
- 14. Type of information collection (check only one)
Information collections not containe d in rules 1 C Regular submission 2 C Emergency t.ubmission(certification attached)
Information collections containedin rules 3 3 Existing regulation (no change proposed) 6 Final or intenm final without prior NPRM
- 7. Enter cate of expected or actual Federat 4 C Notice of proposed rulemaning(NPRM)
A C Regular submission Register pubhcation at this stage of rulemaking 5 C Final, NPRM was previously pubhshed B C Emergency submission (certsfecatson attached)
(mont4 day, year)
- 15. Type of review requested (check onlyos.e) 1 C New collection 4 C Reinstatement of a previously approved collection for which approval 2 3 Revision of a currently approved collection has expired 3 C Extension of the expiration date of a currently approved co!!ection 5 C Existing coliection in use without an oMB control number without any change in the substance or in the method of collection
- 16. Agency report form number (s)(incluce standard / optional form number (s))
- 22. Purpcse of information collection (Checkas manyas apply) 1 C Apphcation for benefits HRC 7 (covered separately OMB 3150-002 7) 2 C Program evaivation
- 17. Annual reporting or disclosure burden '
3 General purpose statistics l0 4 g n,guiatory,,compi,,nc, 1 Number of respondents.
2 Nurnber of responses per respondent b9 5 C Program planrarg or management 3 Total annuai responses (hne f fimes hne 2) 39-c C Researen 4 Hours per response
.97 7 O Audit 5 Tntal hours (hne 3 times hne 4)
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- 18. Annual recordkeeping burden
- 23. Frecuency of recorckeeping or reporting (check a# thatapply) 1 Number cf recordkeepers 125 13 Recordkeeping 2 Annual hours per recordkeeper.
I i2__
Reporting 3 Total recordkeeping hours (hne 1 times line 2) 150 2 Fi onoccasion 4 Recordkeeping retention pened q years 3 C Weekly
- 19. Total annual burden 4 C Montniy 1 Requested (hne 17-5 plus kne 18 3).
5 C Quarterly Z ln current oMB inventory 440 e C semi.annuaity i
3 Ditterence (hne f less one 2) 252 7 C Annually Opianation of difference
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8 C B,ennsally
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4 Program cnange 9 C other(cescnbe) lD 5 Ad ustment.
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- 20. Current (most recent) OMB control number or comrnent number i 24. Respondents' coligat6cn to comoly(check the strongest obhgation that apphes) 3150-0036 1
3 O vo,unt,,,
- 21. Requested expiration date 2 Q Required to cotain er retain a benefit 11/30/90 3 tj Mandatory
- 25. Are the respondents pnrnarily educational agencies or institutions or is the pnmary purpose of the collection related to Federal education programs? O Yes C No 1
- 26. Does the agency use sampling to select respondents c/ does the agericy recommend or presenbe the use of samphng or statistical analysis by respondents?
. C Yes No
- 27. Ryulatory a thonty f or tn n ormation conection CFR
- or FR
- or, other(specify)
Paoerwork Certification h sub%tting th:s reccest for oMB approval. the agency head, the semor official or an autnonzed representative. certifies that tr.e requirements of 5 CFR 1320, the
' Privacy A:t. stat.stical stancards or detectives. and aav otne, appheable inforr1ation pobcy dvectives have been comphed with.
bignature of program of ficial Date l
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r offoai r ancth[ a representative Date 5.gnature of agg _
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OfficeofAdministrat[onandResourcesManagement MS cf ' ~>
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4 GPO : 1984 0 - 45 3 ~/76 a
l
.4 SUPPORTING STATEMENT FOR Export and Import of Nuclear Equipment and Material 10 CFR Part 110 Description of the Information Collection The Nuclear Regulatory Commission (NRC),.under the Atomic Energy Act of 1954, as amended, and Title II of. the Energy Reorganization Act of 1978, as amended, has authority for exercising exoort and import controls over nuclear equipment and material as listed in 10 CFR Part 110 Section 110.8 and 110.9. All persons who wish to export or import the nuclear equipment and material must provide certain information collection elements to enable the NRC and the Executive Branch tr. make required export / import licensing determinations.
A.
JUSTIFICATION 1.
Need for the Collection df Information.
a.
Annual Reports of Components Exported under General License Provision.
Section 110.26 requires all persons who export pursuant to the general license provisions for the export of nuclear reactor components to certain countries to provide NRC with an annual report of all exports made. This report enables the Commission to monitor exports to provide additional assurance against the' improper accumulation of sensitive component exports.
b.
Applications.for Export and Import Licenses.
Sections 110.30 and 110.31 require license applications from all persons in the U.S. who wish to export or import nuclear material or equipment requiring specific authorization. Most applications are submitted on a multipurpose export license application Fonn NRC 7 which was developed for use with respect to the export of most different types of nuclear material and equipment under NRC's authority. (Form NRC 7 infonnation collection is also described separately on OMB Form 83, OMB approval No. 3150-0027.)
Import license applications, nuclear production and utilization facility license applications, and consolidated license applications are submitted by letter. The information collection elements enable the Commission and the Executive Branch to make required export / import licensing determinations to ensure compliance with regulations.
c.
Notifications of Defective Packaging. Section 110.50(a)(7) requires export or import licensees to notify the Commission promptly if they become aware of defective packaging arrangements for any nuclear material covered by their licenses. This provision facilitates the Commission's ability to enforce the packaging requirements of 10 CFR Part 71 by stipulating that licensees are not exempted from all responsibilities for assuring proper packaging of nuclear materials.
+
t i
Primary responsibility for assuring proper packaging arrangements remains with the actual shipper of the material under Part 71 l
requirements. However, licensees, under section.110.50(a)(7), have an incentive to take necessary corrective steps to assure oroper packaging of their licensed materials. Accordingly, section 110.50(a)(7) provides the Commission.with additional assurances that proper packaging is.being accomplished with minimal additional regulatory impact on licensees.
It also provides the ' Commission with a basis for' i
taking possible enforcement action against licensees in cases of 4
packaging violations.
d.
Reporting of Exports of Australian-origin and Canadian-origin Nuclear Material and Equipment.
Section 110.50(b)(3) requires export licensees to notify the Commission 40 days prior to export.of Australian-origin or Canadian-origin nuclear material or equipment (unless the license specifically authorizes such export).
This-requirement is derived from the provisions of the US/ Australian Agreement for. Cooperation on the' Peaceful Uses of Nuclear Energy and the US/ Canadian Agreement for Cooperation on the Peaceful Uses of Nuclear Energy.
e.
Record Retention Period. Section 110.53(b) requires each licensee to mairtin records concerning his exports and imports.
The licensee shall retain these records for five years after each export or import except that byproduct material records shall be retained for two years.
2.
Agency Use of Information.
Records must be retained to ensure compliance with regulations and to allow verification of that compliance.
IP reviews i
the annual report of components exported under general license to ensure that sensitive component exports are not being accumulated. The Commission and the Executive Branch review the license applications to make required export / import licensing determinations.
If applicable statutory, regulatory, and policy considerations are satisfied, the NRC will issue a license authorizing the export or import. The Commission uses the l
notification of defective packaging to enforce the packaging requirements of 10 CFR Part 71 and to take possible enforcement action against licensees. The Comission uses the reports of exp'ts of Australian and Canadian-origin nuclear material ~ and equipment to
?lement the provisions l
of the U.S. bilateral agreements with Australia ac',anada. The records of i
shipments retained by the licensees must be made available for NRC 1
inspection purposes upon request and, as such, are necessary in connection with any prospective NRC enforcement actions against possible violators of Part 110's provisions. If the requested information is not retained, the Commission would be unable to detennine possible violators of Part 110.
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3.
Reduction of Burden through Information Technoloay. There are no legal obstacles to reducing the burden associated with this information collection. Licensees and applicants may utilize technology if they so desire.
4.
Effort to Identify Duplication.
The Federal Information Locator System was searched to determine NRC and other Federal agency duplication.
None was found.
5.
Effort to Use Similar Information.
None.
6.
Effort to Reduce Small Business Burden. The requirements specified in 10 CFR Part 110 must be the same for large and small businesses, because the l
proliferation concerns are the same; therefore, all businesses must provide the same data.
7.
Consequences of Less Frequent Collection.
The general license orovision referred to in Section llo.26(c) greatly reduces the regulatory burden on exporters of nuclear components; therefore, the report requirement is
)
reasonable and less burdensome than submitting specific license applications. The infomation requested in. Sections 110.30-31 is submitted whenever deemed necessary by exporters / importers.
No schedules are 3
imposed. The information referred to in Section 110.50(a)(7) cannot be collected less frequently, because the licensee could possibly ship
(
improperly packaged nuclear materials which may endanger the health and safety of the public. The information referred to in Section 110.50(b)(3) cannot be collected less frequently, t ecause the U.S. may violate the provisions of the U.S. bilateral agreements with Australia and Canada. The report is not frequently required because the origin of the material is normally identified before the export license is issued, and. accordingly, is authorized for export on the face of the license. The records referred to in Section 110.53(b) do not contain any special requirements and 1
probably coincide to a large extent with the licensees records holdings; therefore, the regulatory impact is minimal.
8.
Circumstances which Justify Variation from 0MB Guidelines.
None 9.
Consultations Outside the NRC.
No consultations have been held with other i
Federal, State or local government agencies or with other persons regarding l
the collections of infomation since the submission of the last clearance.
- 10. Confidentiality of Information.
NRC provides no pledge of confidentiality for the collection of information referred. to.in Sections 110.26(c),
110.50(a)(7), and 110.50(b)(3). The information requested in Sections 110.30-31 will be treated as company proprietary at the request of the i
applicant. The confidentiality of information is not applicable for the i
records referred to in Section 110.53(b) because exporters and importers I
maintain their own records.
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- 11. Justification for Sensitive Questions.
There are no sensitive questions.
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- 12. Estimated Annualized Cost to the Federal Government.
The collection of information under 10 CFR Part 110 requires approximately 300 NRC professional staff hours per year to investigate, review, and take action i
on the license applications and to process subsequent actions with reqard l
to issued licenses. Annual labor cost to the Federal Government at $60 per
)
staff hour is $18,000 (300 hours0.00347 days <br />0.0833 hours <br />4.960317e-4 weeks <br />1.1415e-4 months <br /> x $60).
(This estimate does not cover the information collection cost associated NRC-Form 7 which is covered in OMB approval number 3150-0027 and is the most significant cost to the Federal Government under 10 CFR 110.
- 13. Estimate of Burden There are approximately 125 exporters / importers of nuclear material and equipment. All licensees comply equally with the requirements of Sections 110.26(c),110.30-31 and 110.53(b). (However, the most significant burden I
is that required by NRC-Form 7 which is covered separately under 0MB Approval Number 3150-0027). With regard to the reports referred to in Section 110.50(a)(7), none are anticipated during the next three years.
i l
Based upon information from exporters and importers and using a cost of $60 l
per hour, a reasonable estimate of the annual burden of Part 110's requirements on industry is as follows:
Annual Reporting or Disclosure Burden:
l Annual Number Total For Sections of Respondents Hours per Response Hours Cost 110.26(c) 9 2
18
$1,080 110.30-31 10 1
10 600 140(Approvedseparately under 0MB 3150-0027) l 110.50(a)(7) 0 1
0 0
l 110.50(b)(3) 20
.50 10 600 l
39 38
$2,280 Annual Recordkeeping Burden:
110.53(b) 125 1.2 150 9,000 TOTAL Annual Burden 164 188
$11,280
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- 14. Reasons for Change in Burden The industry burden estimate for Sections 110.30-31 has been adjusted (1) to correct an error in duplication of information and (2) to decrease the industry burden. Previously, the industry burden for submission of license applications by letter and by NRC-7 forms were combined, which resulted in a duplication of information under 0MB approval No. 3150-0027 for NRC-7 Forms. To correct this, we have adjusted the Part 110 industry burden to cover only those submissions by letter.
The second adjustment resulted from recent revisions to Part 110 which significantly reduced the overall industry burden. Many exporters'now ship nuclear material and equipment under the provisions of expanded general licenses without the requirements for specific authorizations.
We also have decreased the industry burden for the number of reports submitted by industry under Section 110.26(c) based on the numbers of reports received by NRC.
Further, we have increased the number of notifications received from industry under Section 110.50(b)(3) based on the actual number of notifications received by NRC over a specified period of time.
8.
COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in the collection of information.
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