ML23138A348
| ML23138A348 | |
| Person / Time | |
|---|---|
| Issue date: | 07/21/2023 |
| From: | NRC/NMSS/DFM/MCAB |
| To: | |
| Shared Package | |
| ML23138A346 | List: |
| References | |
| OMB 3150-0004 | |
| Download: ML23138A348 (5) | |
Text
DRAFT SUPPORTING TATEMENT FOR DOE/NRC FORM 742 "MATERIAL BALANCE REPORT" AND NUREG/BR-0007, REVISION 8 "INSTRUCTIONS FOR THE PREPARATION AND DISTRIBUTION OF MATERIAL STATUS REPORTS (DOE/NRC Forms 742)"
(3150-0004)
EXTENSION
Description of the Information Collection
U.S. Nuclear Regulatory Commission (NRC) regulations require ea ch licensee who is authorized to possess at any one time and location special nucl ear material (SNM) in a quantity totaling more than one gram of contained uranium-235, uranium-2 33, or plutonium, or any combination thereof, to prepare and submit reports concerning S NM received, produced, possessed, transferred, consumed, disposed of, or lost. Each NR C licensee who has been selected for the application of International Atomic Energy Age ncy (IAEA) safeguards under Title 10 of the Code of Federal Regulations (10 CFR) Part 75 is required to complete and submit Department of Energy (DOE)/NRC Form 742, "Material Balance Repo rt," within 30 days after the start of a physical inventory. In addition, each licensee, Federal or State, who is authorized to possess, at any one time or location, 1 kilogram of foreign obligated source material, is required to file with the NRC an annual statement of source mat erial inventory which is foreign-obligated. The instructions for completing Form 742 are in NUREG/BR-0007, Revision 8 Instructions for the Preparation and Distribution of Material Status Reports.
A. JUSTIFICATION
- 1. Need for and Practical Utility of the Information Collection
For the United States to fulfill its responsibilities as a part icipant in the U.S.-IAEA Safeguards Agreements and to satisfy various bilateral agreemen ts for nuclear cooperation with other countries and its domestic safeguards re sponsibilities, it is necessary for licensees affected by 10 CFR Part 75 and related sections of Parts 40, 50, 70, 74, and 150 to submit accounting reports.
Per 10 CFR 75.35, each licensee identified by the Agreement sha ll submit annual material status reports for each physical inventory taken as pa rt of the material accounting and control procedures. A computer-readable DOE/NRC Form 742 is used for the collection of the information on the material balance o f nuclear material. This information is used by the U.S. to meet its annual reporting ob ligations to the IAEA in accord with its Safeguards Agreements. The annual accounting re ports for each IAEA material balance area must include material status reports base d on a physical inventory of nuclear materials which are actually present.
- 2. Agency Use of Information
The NRC is required to collect nuclear material transaction inf ormation and make it available to the IAEA. The use of DOE/NRC Form 742, together wi th NUREG/BR-0007, Revision 8, the instructions for completing the form, enables N RC to collect, retrieve, analyze as necessary, and submit the data to IAEA to fulfill it s reporting responsibilities.
1 Use of this computer-readable report form enhances NRC's abilit y to collect and provide this data. This information is needed to provide to the Austral ian, Canadian, and several other Governments a periodic report showing the inventory of al l materials located at licensee facilities that is subject to their respective Bilater al Agreements, to satisfy the terms of the U.S.-IAEA Safeguards Agreements, and to satisfy do mestic safeguards requirements.
- 3. Reduction of Burden through Information Technology
The NRC has issued Guidance for Electronic Submissions to the NRC, which provides direction for the electronic transmission and submittal of docu ments to the NRC.
Electronic transmission and submittal of documents can be accom plished via the following avenues: the Electronic Submittals application, which is available from the NRC's Electronic Submittals Web page, by Optical Storage Medi a (OSM) (e.g., CD-ROM, DVD), by facsimile or by e -mail. The Electronic Submittals application allows electronic transmission of information to the NRC pertaining to licensing actions, associated hearings, and other regulatory matters. The applicat ion ensures that information sent to the NRC via the Internet is secure and unal tered during transmission.
It operates 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, except when it is taken down for sc heduled maintenance.
The application serves as a secure portal that respondents may use to transmit documents to the NRC. It is estimated that approximately 98% of the responses are filed electronically.
Form 742 is a common form hosted by the NRC that is also used b y the DOE. The NRC provides the form and instructions to all affected NRC lice nsees who must submit reports electronically. Once subm itted by licensees, information from these forms is saved in the Nuclear Materials Management and Safeguards System (NMMSS). The use of common reporting forms minimizes the reporting burden on industry members required to provide regulatory or contractual obligations. The licensee is thus able to file one report to meet the requirements of both agencies. Comp liance with specific reporting requirements is monitored by the agency for which the specific data are required. Currently DOE has no burden hours associated with the use of this form.
- 4. Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no du plication of requirements.
In addition, the use of common reporting forms by DOE and NRC minimizes the reporting burden on industry members required to provide nuclear material data to one or both agencies.
- 5. Effort to Reduce Small Business Burden
The burden on licensees will vary with the size and type of lic ensed operation.
Further burden reductions for small businesses would prevent th e NRC from fulfilling its international or domestic responsibilities.
- 6. Consequences to Federal Program or Policy Activities if the Col lection is Not Conducted or is Conducted Less Frequently
Affected licensees are required to submit reports annually. Thi s schedule is reasonable because the submission will coincide with taking a physical inv entory. The collection
2 and recording of data for inventory purposes is a continuing pr ocess that the licensee carries out throughout the year for the licensee's internal rec ords. This is required by 10 CFR Parts 74 (Section 74.13), 75 (Sections 75.31, 75.32, 75. 33, and 75.35), 150 (Section 150.17) and related sections of Part 40 (Section 40.64 ). At the specified times for inventory reports, the licensee simply submits the accumula ted data from the licensee's records, based either on book inventory or on data f rom a physical inventory, to NMMSS on DOE/NRC Form 742. The requirement to report within 60 days after completion of the inventory is a reasonable measure to ensure t imeliness in receipt of inventory data by NRC to maintain material accountability under its statutory responsibility pursuant to the Atomic Energy Act to assure prot ection of the common defense and security. Moreover, the U.S.-IAEA Safeguards Agreem ents specifies that reports are to be submitted within 30 days following a physical inventory taking by licensees selected and reporting pursuant to 10 CFR Part 75 (se ction 75.35).
If licensees are not required to submit these reports, NRC will not be able to maintain material accountability under its statutory responsibilities of the Atomic Energy Act.
- 7. Circumstances which Justify Variation from the Office of Manage ment and Budget (OMB) Guidelines
Contrary to OMB guidelines in 5 CFR 1320.5(d), 10 CFR 75.35 req uires submission of the report within 30 days or less. This requirement is necessar y to satisfy the terms of the U.S.-IAEA Safeguards Agreements.
- 8. Consultations outside NRC
Opportunity for public comment on the information collection re quirements for this clearance package has been published in the Federal Register.
- 9. Payment or Gift to Respondents
Not applicable.
- 10. Confidentiality of Information
Confidential and proprietary information is protected in accord ance with the NRC regulation at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no i nformation normally considered confidential or proprietary is requested.
- 11. Justification for Sensitive Questions
This information collection does not involve any sensitive questions.
- 12. Estimated of Annualized Burden and Burden Hour Cost The average annual burden for a licensee for the preparation an d submission of DOE/NRC Form 742 data is estimated to take 3.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />. This esti mate includes time for reading the instructions for completing DOE/NRC Form 742, NUREG /BR-0007, Revision 8 Instructions for the Preparation and Distribution o f Material Status Reports.
It is estimated, based on NRC staff knowledge of the industry a nd submittals to NRC in recent years, that approximately 327 licensees submit DOE/NRC F orm 742 data each year, resulting in a total of approximately 327 reports submitt ed annually. The total
3 resulting burden for required submissions of the form by all li censees is 1,145 hours0.00168 days <br />0.0403 hours <br />2.397487e-4 weeks <br />5.51725e-5 months <br /> (327 reports x 3.5 hour5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />s/report).
The total annual cost to all respondents to comply with this re quirement is estimated to be $331,905 (1,145 hours0.00168 days <br />0.0403 hours <br />2.397487e-4 weeks <br />5.51725e-5 months <br /> x $290/hour). Cost estimates are calcu lated at a rate of $290 per hour, which is based on NRC's fee recovery rate.
The $290 hourly rate used in the burden estimates is based on t he Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20, A verage cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2022 (87 FR 3721 4, Jun. 22, 2022).
- 13. Estimate of Other Additional Costs
There are no additional costs.
- 14. Estimated Annualized Cost to Federal Government
The collected information is not submitted to the NRC. Licensee s report directly NMMSS. The data contained in the NMMSS is available to various NRC staff that uses it to perform their assigned job functions; however, the indivi dual submissions are not reviewed by NRC staff. The NRC costs for NMMSS operations are a pproximately
$1,900,000 per fiscal year. This is the NRCs contribution for the operations of the NMMSS to support the collection of Forms 740M, 741, 742 and 742 C data, in addition to other data collections and operations.
The staff has developed estimates of annualized costs to the Fe deral Government related to the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the b urden needed to review, analyze, and process the collected information and any relevant operational expenses.
- 15. Reason for Change in Burden or Cost
There has been a decrease in the burden for this collection of 59 hours6.828704e-4 days <br />0.0164 hours <br />9.755291e-5 weeks <br />2.24495e-5 months <br />, from 1,204 to 1,145 hours0.00168 days <br />0.0403 hours <br />2.397487e-4 weeks <br />5.51725e-5 months <br />. These decreases are due to lesser numbers of NRC l icensees than previous years filling out existing OMB approved forms related to nuclear material accounting information to fulfill domestic material control and accounting regulations and safeguards. The number of respondents has decreased from 344 to approximately 327.
This reduction is primarily attributable to a decrease in the number of licensees possessing reportable quantities of material within a material balance period.
The cost per hour has increased from $278 to $290, based on an increase in the NRCs fee rate.
- 16. Publication for Statistical Use
None.
- 17. Reason for Not Displaying the Expiration Date
The expiration date is displayed on DOE/NRC Form 742.
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- 18. Exceptions to the Certification Statement
None.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS.
Statistical methods are not used in this collection of informat ion.
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