ML20212A230

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Notice of Pending NRC Action to Submit Information Collection Request to OMB & Solicitation of Public Comment Re Application for License to Export Nuclear Equipment & Matl,Nrc Form 7
ML20212A230
Person / Time
Issue date: 08/26/1999
From: Shelton B
NRC
To:
References
OMB-3150-0027, NUDOCS 9909160118
Download: ML20212A230 (16)


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U. S. NUCLEAR REGULATORY COMMISSION Agency information Collection Activities: Proposed Collection; Comment request 7,__.: %^.2. :

W AGENCY: U. S. Nuclear Regulatory Comt9iksidMkNMC)

ACTION: Notice of pending NRC action to submit an information collection request to OMB l and solicitation of public comment.

SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of l

1995 (44 U.S.C. Chapter 35).

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. Information pertaining to the requirement to be submitted:

1. The title of the information collection: Application for License to Export Nuclear Equipment and Material, NRC Form 7 c

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2. Current OMB approval number: 3150-0027 l

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3. How often the collection is required: On occasion; for each separate request for a specific export license and for exports of incidental ]

radioactive material using existing general licenses. 3 9909160118 990826 -

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4. Who is required or asked to report: Any person in the U.S. who wishes to export: (a) nuclear material and equipment subject to the requiremen a specific license; (b) radioactive waste subject to the requirements of specific license; and (c) incidental radioactive material that is a contaminant of shipments of more than 100 kilograms of non-waste material using existing NRC general licenses.
5. The number of annual respondents: 63 6.

The number of hours needed annually to complete the requirement or request: 150 hours0.00174 days <br />0.0417 hours <br />2.480159e-4 weeks <br />5.7075e-5 months <br /> (2.4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per response) y

7. Abstract:

Any person in the U.S. wishing to export n!Jclear material and eq requiring a specific authorization or radioactive waste requiring a  !

authorization ordinarily should file an application for a license on NRC Form 7, except that certain submittals should be filed by letter. The application wilt be reviewed by the NRC and by the Executiv if applicable statutory, regulatory, and policy considerations a the NRC willissue a license authorizing the export.

A completed NRC Form 7 must also be filed by any person in the U.S. wishing to use existing NRC generallicenses for the export of incidental radioactive material before the export takes place (if the total amount of the shipment

1 containing th] incidentil rrdiorctiva mat:ri:1 exce:ds 100 kilograms). The form is reviewed by the NRC to ensure that the Agency is informed before the fact of these kinds ]

l of shipments and to allow NRC to inform other interested f i

i parties, as appropriate, including import control authorities in interested foreign countries.

1 Submit, by (insert date 60 days after publication .in the Federal Reaister), comments that address the following questions:

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

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2. Is the burden estimate accurate?

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

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

A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, 2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc. gov /NRC/PUBLIC/OMB/index.html). The document will be available on the NRC home page site for 60 days after the s:gnature date of this notice.

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Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo, Shelton, U.S. Nuclear Regulatory Commission, T-6 E6, Washington, DC,20555-0001, or by telephone at 301-415-7233, or by Internet electronic mail at BJS1@NRC. GOV.

Dated at Rockville, Maryland, this 28 day of -- < +/..e/ 1999.

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For the Nuclear Regulatory Commission.

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.BrenQo. Shelfsfi,'NRC Clearance Officer Office of the Chief Information Officer l 4

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,w DRAFT OMB SUPPORTING STATEMENT FOR NRC FORM 7, APPLICATION FOR LICENSE TO

'99 SEP -3 P2:16 EXPORT NUCLEAR MATERIAL AND EQUIPMENT (3150-0027)

EXTENSION REQUEST DESCRIPTION OF THE INFORMATION COLLECTION The -Nuclear Regulatory Commission (NRC), under the Atomic Energy Act of 1954, as amended, and Title ll of the Energy Reorganization Act of 1974, as amended, has authority for exercising export controls over nuclear equipment and material. All persons who wish to export or import nuclear equipment and material as specified in 10 CFR 110 Sections 110.8,110.9, and 110.9a must provide certain information collection elements to enable the NRC and the Executive Branch to make required export and import licensing determinations to ensure compliance with NRC regulations and to satisfy statutory requirements of the Atomic Energy Act of 1954, as amended.

Section 110.19(b), Typos of Licenses, requires that a person using a general license under this part as authority to export incidental radioactive material that is contained in or a contaminant of a shipment that exceeds 100 kilograms in total weight shall file a completed NRC Form 7 before export takes place.

Section 110.20(a)(1), General License Information, requires that a person using a general license as authority to export incidental radioactive material contained in or a contaminant of a shipment exceeding 100 kilograms in total weight file an NRC Form 7 before the export takes place.

Section 110.21(e), General License for the Export of Special Nuclear Material, requires that a perron using the generallicenses in paragraphs (a), (b), or (c) as authority to export special nuclear material as incidental radioactive material contained in or a contaminant of a shipment exceeding 100 kilograms in total weight shall file a completed NRC Form 7 before the export takes place.  ;

Section 110.22(f), General License for the Export of Source Material, requires that a person using the general licenses in paragraphs (a),(b),(c) or (d) as authority to export ,

source material as incidental radioactive material contained in or a contaminant of a l shipment exceeding 100 kilograms in total weight shall file an NRC Form 7 before the ]

export takes place.

Section 110.23(e), General License for the Export of Byproduct Material, requires that a person using the general licenses in paragraphs (a), (b), and (c) as authority to. export byproduct material as incidental radioactive material contained in or a contaminant of a i shipment exceeding 100 kilograms in total weight shall file a completed NRC Form 7 l before the export takes place. I I

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Section 110.31, Application for a Specific License requires that a person file an application for a license to export or import nuclear material or equipment requiring specific authorization, with appropriate fee in accordance with 10 CFR 170. Applications should be filed on NRC Form 7, except that applications for import of material, export of a production or utilization facility, license renewal or license amendment should be filed by letter in accordance with @110.51 (OMB has approved this collection under 3150-0036). A person is required to provide the information specified in @ 110.32 and the NRC may require more information. An application shall be withdrawn when not needed.

Section 110.32, Information Required in an Application for a Specific License /NRC Form 7, states that the following information is required on an application: name and address of applicant, supplier, intermediate and ultimate consignees; country of origin of equipment and material; shipment dates; and description of export and end use.

Applications for import and export of radioactive waste and for export of incidental radioactive material require the volume, classification, physical and chemical characteristics, route of transit, and ultimate disposition.

A- JUSTIFICATION

1. Need for and Practical Utility of the Collection of Information The NRC Form 7 is a multipurpose export license application designed to allow persons to provide the minimum amount of information necessary for NRC to fulfill the statutory and regulatory requirements goveming exports of nuclear material and nuclear equipment under the NRC's authority. The form is clear, concise, easy to understand, and simple to prepare.
2. Aaency Use of Information The Commission and the Executive Branch review the license applications submitted on NRC Form 7 to make required export licensing determinations to ensure compliance with regulations. If applicable statutory, regulatory, and policy considerations are satisfied, the NRC will issue a license authorizing the export.

The Commission reviews exports of incidental radioactive material filed on NRC Form 7 before the export takes place to help assure that the NRC is informed before the fact of these kinds of shipments and allows us to inform other interested parties, as appropnate, including import control authonties in interested foreign countries.

3. Reduction of Burden through Information Technoloav There are no legal obstacles to reducing the burden associated with this information collection. Licensees and applicants may utilize information technology if they so desire however, no responses have been submitted electronically 4 Effort to identify Duplication and Use Similar Information The Information Requirements Control Automated System (IRCAS) was searched to determine agency duplication None was found.

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5. Effort to Reduce Small Business Burden The requirements specified in @ 110.20,110.31, and 110.32 are the same for large and f

l small businesses, because the proliferation and policy concerns are the same; therefore.

all businesses must provide the same data. To reduce small business burden, the NRC has established generallicenses which exempt from new controls many of the shipments that were of particular concern to small businesses. Further, the NRC allows small businesses to apply for broad, long-term licenses to export materials to reduce burdens associated with paperwork expenses, license application fees, and uncertainties in delivery.

6. Consecuences to Federal Proaram or Policy Activities if the Coffection is Not Conducted or is Conducted Less Freauently The information requested in $$ 110.20-110.23 cannot be collected less frequently because it reflects the International Atomic Energy Agency (IAEA) Code of Practice on the International Transboundary Movement of Radioactive Waste to help ensure that radioactive waste coming into or leaving the U.S. is subject to U.S. Government approval and consent of other involved parties.

The information requested in @S 110.31-32 with respect to exports is submitted only when deemed necessary by exporters and is keyed to the decision criteria that guides the NRC in approving or denying applications. It specifically incorporates the requirements of the Atomic Energy Act of 1954, as amended, for export. Therefore,if the collection is not conducted or is conducted less frequently, a person who wishes to export under NRC's exoort authority would be unable to do so because the NRC could not make the necessary deterrnination on whether an export license should be issued.

7. Circumstances % hich Justify Variation From OMB Guidelines None.
8. Consultations Outside the NRC An opportunity to comment on the information collection requirements will be published in the Federal Reaister.
9. Payment or Gift to Respondents Not applicable. .
10. Confidentiality of the information Normally none of the information referred to in 110.31-32 is considered confidential or proprietary. However, when the exporter specifically requests the NRC to keep the information confidential. the NRC will treat the information as " Company Proprietary" as in accordance with 10 CFR Section 2.790.
11. Justification for Sensitive Questions There are no sensitive questions.
12. Estimated Burden and Burden Hour Cost Alllicensees comply equally with the export requirements of 110 19,110.20,110.21, 110.22,110.23 and @% 110.31 and 110.32 Based upon our experience, for the collection in @ 110.31, we estimate 63 applications will be filed on NRC Form 7 annually

. and another 70 applications will be filed annually by letter which is approved under control number 3150-0036. Using a cost of $140 per hour, the annual cost required to prepare the NRC Form 7 is estimated as follows:

Annual Reportino or Disclosure Burden for NRC Form 7:

Annual Number Hours

- of Responses pe,r Total

. Annual Number Cost of Respondents per Respondent Response Hours 2 120 $16,800 60 .

1 (incidental radioactive material export filings under @g 110.19(b),110.20(a)(1),110.21(e),

110.22(f),110.23(e); nuclear material and equipment export submissions under 5 110.31-

"110.32, except radioactive waste)

-1 10 30 4,200 3

(radioactive waste export submissions under 9110.31-110.32) 150 21,000 63 Total annual burden is estimated at 150 hours0.00174 days <br />0.0417 hours <br />2.480159e-4 weeks <br />5.7075e-5 months <br /> at a cost of $21,000 (150 x $140).

13. Estimate of Other AdditionalCosts None.
14. Estimated Annualized Cost to the Federal Government The collection and processing of information on NRC Form 7 under 10 CFR Part 110 associated with the collections referred to in $@ 110.19-110.23, and 110.31-110.32is estimated to be the same as that currently approved by OMB. We estimate that it will require approximately 700 NRC professional staff hours per year related to data entry, data base management, and subsequent reporting and record keeping. Annuallabor cost to the Federal Government at $140 per staff hour is $98,000 (700 hours0.0081 days <br />0.194 hours <br />0.00116 weeks <br />2.6635e-4 months <br /> x $140).

This estimate covers only the information collection and handling costs associated with NRC Form 7. Additional costs for information storage, coding, tabulating, and responding to public ingdries are approximately $42,000 per year (300 hours0.00347 days <br />0.0833 hours <br />4.960317e-4 weeks <br />1.1415e-4 months <br /> x $140).

The total annual cost to the Federal Government is approximately $140,000. Much of this cost is' recovered through fee assessments to NRC licensees pursuant to 10 CFR Part 170. (See OMB approval number 3150-0036 for costs associated with other requirements under 10 CFR Part 110 )

15. Reasons for Chances in Burden or Cost There is no change in burden. The change in cost reflects an increase in the annuai labor cost to the Federal Government from $120 to $140 per staff hour.

' 16. Publication for Statistical Use Not applicable, 17 .-

Reason for Not Displayino the Expiration Date The expiration date is displayed.

- 18. Exceptions to the Certification Statement There are no exceptions.

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1 B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not applicable.

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NRC , FORM 7 U.S. NUCLEAR REGULATORY COMMISSION APPROtfED BY OMB. NO. 3150 4027 EAPiRES; MM/DD/fWV MM WW1 Estimated burden per response to comply with this mandatory collection request 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> This submittal is rewewed to ensure that the applicable statutory. regulatory and policy considerations are sat'sfied Send comments regarding burden estimate

' "'"*S'**"' ""'" (" '6L " 8 ""* "'S ry Cornm,uson APPLICATlON FOR LICENSE TO EXPORT ' '"' "" '. DC Washington 20555 0001 or by internet e mail to bis 1@nrc g"ov and to the Desh NUCLEAR MATERIAL AND EQUIPMENT " ' ' " "** "**"*"""'S"'Y^"'"'NE e i 20t <3ts0-0027>

Office of Management and Budget. Washington DC 20503 If a means used to impose an information collection does not display a currently vahd OMB controi number the NRC may not conduct or sponsor, and a person is not required te (See Instructions on Reverse) resPono to the 'n'o'm*' on conect'on

1. APPLICANT 5 a DATE OF APPLICAT40N D APPLICANT 5 REFERENCE 2 NRC a DOGAET NUMBER b LIGEN5E NUMBER USE 4 USE 4
3. APPLICANTS NAME AND ADDRESS RIS Ris a NAME
4. SUPPLIER'S NAME AND ADDRESS (Cornplete if applicant is not supplier) b STREEI ADDRESS (facihty Sifel a NAME c CITY d e ZIP CODE D ST RE E T ADDRE SS STATE t TELEPHONE NUMBER t Area Code . Numoer Entensen) c CaTY d e llP CODE STATE
5. FIRST SHIPMENT 6. FINAL SHIPMENT T. APPLICANT'S CONTRACTUAL 8. PROPOSED LICENSE 9. U S. DEPARTMENT OF ENERGY SCHEDULED SCHEDULED DELfVERY DATE EXPIRATION DATE CONTRACT NO. (if known)
10. ULTIMATE FOREIGN CON $lGNEL l R15 11. ULTIMATE END USE l USE CODE (Include plant or facstrty name) a NAME O STREET ADDREb5 tr cmty a Setel
CITV d COUNTRY lta DATE REQUIRED
12. INTERMEDIATE FOREIGN CONSIGNEE RIS 13. INTERMEDIATE END USE l USE CODE a NAME D STRELT ADDRESS I ac.hty f Soter c CITY d COUNTRY 13a DATE REQUIRED 1 14 INTERMEDIATE FOREIGN CONSIGNEL RIS 15 IN T ERMEDIATE EN 'U R l USE CODE a NAME D STREEI ADDRESS pacmry 5,re!

c CIT Y d CouN T R Y 15a DATE REQUIRED

16. COM 17 DE SC RIP flON 18 MAX. ELEMENT 19 MAX. 20. MAX. lSOTOPE 21.

(Include chemocal and physscal form of nuclear maternal, give dollar value of WEIGHT WT % wElGHT UNIT CODE nuclear equupment and components) ,

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23. COUNTRY OF ORIGIN ~ $NM 24 COUNT RIES WHICH ATT ACH l
22. COUNTRY OF ORIGIN ~ l WHERE ENRICH OR PRODUCED l SAFEGUARDS (#f Anown!

SOURCE MATERIAL 25 ADDillONAL INF UNMAllVN ON CONb'GNEES, END UbEb. AND PRODUG1 DESCRIPIlON iUse separare sneet rf riecessary) 26 The applicaril certifies that this apphcation is prepared an conformity with Title 10. Code of F ederal Regulations, and that allinformation in this apphcation es correct to the best of his/her knowledge e stAAimt t esta 27 AUT HORIZE D OF F ICIAL

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U.S. NUCLEAR REGULATORY COMMISSION INSTRUCTIONS FOR PREPARATION OF APPLICATION FOR LICENSE TO EXPORT NUCLEAR MATERIAL AND EQUIPMENT, NRC FORM 7 One signed, original of NRC Form 7 must be submitted by the applicant to the Director for Nonproliferation, Exports and Multilateral Relations, (Office of International Programs, U.S. Nuclear Regulatory Commission, t Washington, DC 20555-0001, or delivered in person to the Commission's Offices at 11555 Rockville Pike, Rockville, Maryland. Except for the shaded areas, all applicable items on this form should be completed, to the extent the information is available at the time the application is submitted.

An applicant for an export license must make full disclosure of all recipients of the proposed export so that a decision on the application may be made with full knowledge of all relevant facts. The name(s) and address (es) of the plaint, facility, firm, or location where the material may be handled, stored, converted, or ,

fabricated and where the material ultimately will be used, together with precise facts concerning the use that I will be make of the items to be exported by each intermediate and ultimate consignee must be stated. The materials or equipment to be exported must be fully and accurately described in detail. If more space is needed, attach an additional sheet of paper.

The following is excerpted fro the Nuclear Regulatory Commission regulations prescribing procedures and standards for the export and import of nuclear equipment and nuclear material. For the complete codification of NRC's export and import regulations, applicants for licenses should refer to Part 110 of Title 10, Chapter 1, Code of Federal Regulations.

5110.31 Application for a specific license (c) Country of origin of equipment or material, if (a) A person shall file an application for a specific known.

license to export or import with the Director for (d) Names and addresses of allintermediate and Nonproliferation, Exports, and Multilateral relations, ultimate consignees, other than intermediate Office of International Programs, U.S. Nuclear consignees performing shipping services only.

Regulatory Commission, Washington, DC (e) Dates of proposed first and last shipments.

20555-0001. The application may be delivered to (f) Description of the equipment or material the Commission's Offices at 11555 Rockville Pike, including, as appropriate, the following:

Rockville, Maryland 20852 or at 2120 L Street, NW (1) Maximum quantity of materialin grams or (Lower Level), Washington, DC 20037. kilograms (curies for byproduct material) and its (b) An application for a specific license to export chemical and physical form.

or import must be accompanied b y the appropriate (2) For enriched uranium, the maximum weight fee in accordance with the fee schedule in 170.21 percentage of enrichment and maximum weight of and $170.31 of this chapter. A license application contained U-235.

will not be processed unless the specified fee is (3) For nuclear equipment, total dollar value.

received. (4) For nuclear reactors, the name of the facility (c) A license application should be filed on NRC and its design power level. ,

Form 7, except that an import license application (5) For proposed exports of imports of and a production or utilization facility export license radioactive waste, and for proposed exports of application should be filed by letter, incidental radioactive material-the volume, (d) Each person shall provide in the licence classification (as defined in $61.55 of this chapter).

application, as appropriate, the information specified physical and chemical characteristics, route of transit in $110.32. The Commission also may require the of shipment, and ultimate disposition (including forms submission of additionalinformation if necessary to of management) of the waste.

complete its review. (6) For proposed imports of radioactive (e) An application may cover multiple shipments waste-the industrial or other process responsible for and destinations. generation of the waste, and the status of the (f) The applicant shall withdraw an application arragements for disposition, e g., any agreement by when it is no longer needed. The Commission's a low-level waste compact or State to accept the official files retain all documents related to a m aterial for management purposes or disposal withdrawn application. (7) Description of end use by all consignees in sufficient detail to permit accurate evaluation of the

$110.32 Inforniation required in license justification for the proposed export or import, applications for a specific license /NRC Form 7. including the need for shipment by the dates (a) Name and address of applicant. specified.

(b) Name and address of supplier of equipment or material.

[7590-01-P]

U. S. NUCLEAR REGULATORY COMMISSION

- Agency information Collection Activities: Proposed Collection: Comment request i

AGENCY: U. S. Nuclear Regulatory Commission (NRC) l l

i ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.

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SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995(44 U.S.C. Chapter 35). f l

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.information pertaining to the requirement to be submitted:

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1. The title of the information collection: Application for License to Export Nuclear Equipment and Material, NRC Form 7
2. Current OMB approval number: 3150-0027
3. How often the collection is required: On occasion; for each separate request for a specific export license and for exports of incidental radioactive material using existing general licenses. ,

containing the incidental radioactive material exceeds 100 kilograms). The form is reviewed by the NRC to ensure that the Agency is informed before the fact of these kinds of shipments and to allow NRC to inform other interested parties, as appropriate, including import control authorities in interested foreign countries.

that Submit, by (insert date 60 days after publication in the Federal Reo address the following questions:

1.

Is the proposed collection of information necessary for the N l ?

properly perform its functions? Does the information l

2. Is the burden estimate accurate? l 3.

Is there a way to enhance the quality, utility, and clarity to be collected?

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4.

How can the burden of the information collection be m ation the use of automated collection techniques or other forms o technology?

. i h NRC Public Document A copy of the draft supporting statement may be viewed free of OMB clearance requests are available at Room,2120 L Street, NW (lower level), Washington, DC OMBlindex.html). The documen the NRC worldwide web site (http //www.nrc. gov /NRC/PUBLIC/

date of this notice.

be available on the NRC home page site for 60 days after the signatu

4 Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 E6, Washington, DC,20555-0001, or by telephone at 301-415-7233, or by Internet electronic mail at BJSi@NRC. GOV. .

Dated at Rockville, Maryland, thisd[ 1999.

day of- t y

For the Nuclear Regulatory Commission.

b* 2_ Os k grenQo. Shejfef5,hRCLlearance Officer Office of tne Chief Information Officer l

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4 Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 E6, Washington, DC,20555-0001, or by telephone at 301-415-7233, or by Internet electronic mail at BJS1@NRC. GOV.

Dated at Rockville, Maryland, this a day of /NC 1999.

/

For the Nuclear Regulatory Commission.

bl Brenda Jo. Shelton, NRC Clearance Officer Office of the Chief Information Officer I

DOCUMENT NAME: A:\FRNFIR27.WPD *See previous concurrences.

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  • No copy Tm r+ceive a copo of tNs document, ind,cate in the bon- 'C' = Copy without attachment! enclosure *E' . Copy with attachment er,ctosure OFFICE OIP/NEMR OIP/NEMR OClO , a l l NAME *SSchuyler-Hayes *RHauber BShadtoff5 -

DATE 8/6/99 8/6/99 8/fh /99 OFFICIAL RECORD COPY

(http://www.nrc. gov /NRC/PUBLIC/OMB/index.html). The document will be available on the t

NRC home page site for 60 days after the signature date of this notice.

Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton. U.S. Nuclear Regulatory Commission, T-6 E6, Washington, DC,20555-O'001, or by telephone at 301-415-7233, or by Internet electronic mail at

/

BJS1@NRC. GOV. /

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Dated at Rockville, Maryland, this day of 1999.

For the Nuclear Regulatory Commission.

Brenda Jo. Shelton, NRC Clearance Officer

/ Office of the Chief Information Officer DOCUMENT NAME: A:\FRNFIR27 WPD To seceive a copo of this document. indicate in the bes: "C" - Copy wethout attachment / enclosure *E* = Copy with attachment / enclosure *N' = No copy OFFICE OIP/NEMR/ ,,3_, l OIP/NEMR 3 OClO l NAME SSchuyle[J$es RHauber p ,M BShelton DATE 8/6/99. 4 4{ (, WC OFFICIAL RECORD COPY l

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