ML19177A126

OMB 3150-0028 Draft Supporting Statement Form 314

ML19177A126
Person / Time
Issue date:	09/18/2019
From:	NRC/OCIO
To:
Nelson D
Shared Package
ML19177A061	List: ML19177A126 ML19261A742
References
OMB 3150-0028
Download: ML19177A126 (4)

Text

DRAFT SUPPORTING STATEMENT FOR NRC FORM 314 CERTIFICATE OF DISPOSITION OF MATERIALS (10 CFR Sections 30.36(c), 40.42(c), and 70.38(c))

(3150-0028)

EXTENSION Description of the Information Collection NRC Form 314 is submitted by a materials licensee who wishes to terminate its license. The form provides information needed by NRC to determine whether the licensee has radioactive materials on hand which must be transferred or otherwise disposed of prior to expiration or termination of the license.

A. Justification

1. Need for and Practical Utility of the Information Collection NRC licenses to possess and use specified radioactive materials are issued for a term of ten years. A notice of expiration of license is mailed to such licensees 120 days prior to expiration of the license. Included with the notice is a set of application forms for use if the licensee wishes to apply for renewal of the license, and a copy of NRC Form 314, "Certificate of Disposition of Materials," for use if renewal is not desired. If the licensee does not submit an application for renewal of the license, or determines to cease its licensing operation at any time during the term of the license, NRC requires, as part of its process for terminating the license and closing out the file, that the licensee notify the Commission in writing of that termination decision (10 CFR 30.36(c), 40.42(c), 70.38(c)). In connection with, but separate from that notification, licensees submit an NRC Form 314, which furnishes information regarding transfer or other disposition of the radioactive material or indicates that no materials have been procured.

2. Agency Use of the Information The NRC staff reviews NRC Form 314 to determine whether the licensee has materials on hand which must be transferred or otherwise disposed of in accordance with NRC regulations and, whether any remaining residual radioactivity is within the limits of 10 CFR Part 20, Subpart E, and is as low as is reasonably achievable (ALARA) prior to expiration or termination of the license. The information submitted on Form 314 constitutes part of the basis for the determination by NRC that the facility has been cleared of radioactive material before the facility is released for unrestricted use.

3. Reduction of Burden Through Information Technology There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them. It is estimated that none of the potential responses are filed electronically.

4. Effort to Identify Duplication and Use Similar Information No sources of similar information are available. There is no duplication of requirements.

5. Effort to Reduce Small Business Burden The information is required from all materials licensees terminating their licenses. Some of the licensees who use byproduct, source, or special nuclear material are small entities. To the extent that small entities may possess less material than large entities, the burden of accounting for it on the form might be proportionately less. However, since the need for NRC to determine whether radioactive materials have been safely transferred or disposed of and whether the facility has been cleared of radioactive material before release is the same for large and small entities, it is not possible to reduce the burden on small entities by less frequent or less complete reporting of this one-time requirement.

6. Consequences to Federal Program or Policy Activities if the Collection is not Conducted or is Conducted Less Frequently This report is only submitted once, upon termination of the license. If the report were not submitted at that time, the NRC would not be able to determine readily whether any radioactive materials remain on the site, whether disposition of materials has been made in accordance with the regulations, and whether the site has been cleared of radioactive materials and may be released for unrestricted use.

7. Circumstances Which Justify Variation from OMB Guidelines There are no variations from OMB Guidelines.

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8. Consultations Outside the Agency Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Register.

9. Payment or Gift to Respondents Not applicable.

10. Confidentiality of the Information Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no information normally considered confidential or proprietary is requested.

11. Justification for Sensitive Questions None.

12. Estimated Burden and Burden Hour Cost Respondents are firms, institutions, and individuals holding NRC licenses to possess and use radioactive materials who do not wish to renew those licenses.

Approximately 136 respondents annually file NRC Form 314.

Each form requires, on average, approximately 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> to prepare. 136 x 0.5 hour5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> = a total annual burden for all respondents of 68 hours7.87037e-4 days <br />0.0189 hours <br />1.124339e-4 weeks <br />2.5874e-5 months <br />.

The annual cost to the public, calculated at a rate of $275 per hour, is estimated to be $18,700.00 (68 hours7.87037e-4 days <br />0.0189 hours <br />1.124339e-4 weeks <br />2.5874e-5 months <br /> @ 275/hour).

The $275 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average 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 2018 (83 FR 29622, June 25, 2018).

13. Estimate of Other Additional Costs None. For licensees submitting NRC Form 314, additional costs are most likely incurred (1) to achieve regulatory compliance with requirements not associated with the information collection, (2) for reasons other than to provide information or keep records for the government, or (3) as part of customary and usual business or private practices.

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14. Estimated Annualized Cost to the Federal Government Each form requires, on average, approximately 0.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> to review and process. 136 x 0.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> = the annual cost to the Federal government of 81.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />.

The annual cost to the Federal government is estimated to be

$22,440.00 (81.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> @ $275/hour).

15. Reasons for Change in Burden or Cost There has been no change in the overall burden from the last clearance cycle. However, the hourly fee rate has increased from $265 to $275.

16. Publication for Statistical Use None.

17. Reason for Not Displaying Expiration Date Not applicable. The expiration date is displayed on the form.

18. Exceptions to the Certification Statement None.

B. Collection of Information Employing Statistical Methods Statistical methods are not used in this collection of information.

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