ML20126G988

Request for OMB Review & Supporting Statement for 10CFR150 Re Exemptions & Continued Regulatory Authority in Agreement States & Offshore Waters.Estimated Respondent Burden in 150 H

ML20126G988
Person / Time
Issue date:	06/10/1985
From:	Norry P NRC OFFICE OF ADMINISTRATION (ADM)
To:
Shared Package
ML20126G956	List: ML20126G952 ML20126G988
References
OMB-3150-0032, OMB-3150-32, NUDOCS 8506180205
Download: ML20126G988 (11)

Text

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standard roem 83 t~ev Seatevoer 1983, Request for OMB Review Imp:rtant Read instructions before comp!eting form. Do not use the same SF 83 Send three cooies of this form, the material to be reviewed. and for t) request both an Eiecutn.e Order 12291 review and approval under paperwork-three copies of the supporting statement. to; the Paperwork Reduction Act.

Answer all cuestions in Part 1. If this request is for review under E.O. Office ofinformation and Regulatory Affairs 12291. complete Part 11 and sign the regulatory certification. If this Office of Management and Budget rIquest is for approval under the Paperwork Reduction Act and 5 CFR Attention: Docket Library. Room 3201 1320. skip Part II. comp:ete Part lli and sign the paperwork certification. Washington. DC 20503 PART l.-Cornplete This Part for All Requests.

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1. Department / agency and Bureauforfece originatir'g request 2. Agency code U.S. .luclear Regulatory Commission 3 1 3 0

3. N;rne of person who can best answer questions regarding this request Telephone number June Robertson .

( 301 ) ap7-4004 _ _

4. Title of information collection or rulemakmg 10 CFR Part 150 - Exemptions and Continued Regulatory Authority in Agreement States and in Offshore Waters under Section 274

5. Legat authonty tor mformation collectson or rute (crie Unsted States Code. Puohc law. or Esecutive Orcer) 42 use 2201(o) _ o,

6. Affected public(check allthJf spply) 5 0 rederaiagenciesorempioyees 3 0 rarms s O Non profitinstitutions 1 O individuaisorhousenoids 2 O stateoriocaigovernments 4 G Businesses or other for. profit 7 g smacieusmessesororganizations PART ll.-Complete This Part Only if the Request is for OMB Review Under Executive Order 12291 --

7. Regulation Identifier Nurrber (RIN)

_ _ _ _ ~ _ _ _ _. or, None assigned O ~

S. Type of sukemssion (checos one on esch category) Type of review requested CI:ssilication Stage of development 1 O standard 1 O eroposedordraft 2 O pending 1 O unior 3 0 Emergency 2 O Nonmajor 2 O renatorinterimfanai.witnn,io,proposai 3 0 r.nai or intenm finai. witnout poor proposai 4 0 statutcrycriodiciaideadiine --

9. CFR section atfested CFR ..

10. oces this regulation contain reporting or recordkeeping requirements that require OMB approval under the Paperwork Reduction Act. O ves D u.-

and 5 CrR 1320? .

1 O ves 2 O ne

11. If a maior ruie. is there a regulatory impact anafysis attached? .

3 0 ves 40.o n if"No." did oM8 waive the analysis? . .

C;rtlHeation for Regulatory submissions in submitting this request for oMB review. the authorited regulatory contact and the pecgram offsCaal Certify that the requirements of E.o.12291 an pobey directives have been complied with. '~

Date signature of program officiat 8506180205 850610 PDR ORG EUSOMB -

' PDR l s gnature of authorized regulatory contact Date f

l l

12. (oaf 8 use only) standard reem 8 3 Wr. .

g3 gcg P.m .+. a h c" P wows tows obso.ete hsN 7$1000 63a 403a 5 CF A 13:e m r 0 * .

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PART lli.-Complete This Part Only if the Request is for Apprcvel of a Ccilectisn of infortnation Under the Paperwork Reduction Act and 5 CFff 1320. .

13. Abstract-Describe needs uses and affected public in 50 words or less

1. CFR Part 130 provides certain exeu.ations frora JC regulations for persons in Agraeaent States. Part 1.'. also Ofines activi'ies in k recucac Statas over thich "'lC regtlatory aateority coM.inuas, includinj cartdifi information collection require'aents.

14. Type of information collection (check only one)

Information collections not containedin ru!es 1 Regular submission 2 O Emergency submission (cert,ricationattached)

Information cellections containedin rules s Final or intenm final without prior NPRM 7. Enter date of espected or actual Federat 3 @Emisting regulation (no change proposed)

Regutar submission Register publication at this stage of rulemakmg 4 O Notice of proposed rulemaking (NPRM) A e O Emergency submission (certer, car,on attached) (moath. dar. rear):

5 Final. NPRM was previousfy published

15. Type of review requested (check only one) 4 O Reinstatement of a previousiv approved coriection for which apero,ai 1 New collection has espired 2 Revision of a currently approved collection 5 Existing collection in use without an OMB control number 3 M Estension of the espiration date of a currently approved collection without any change in the substance or in the method of collection

22. Purpose of information collection (check as enany as apply)

16. Agency report form number (s)(include standard / optional form number (s)) -

1 O Appiication for benefits 2 O Program evaluation

17. Annual reporting or disclosure burden 3 C Generalpurposestatistics 1 Number of respondents . .

I09 4 [)tegulatory or comptiance 2 Number of responses per respondent .. .

0.63 5 tj p,eg,am piann;ng o,,nanagement 3 Total annual responses (hoe I times /ine 2) . .

63 s O Research 4 Hours per response ..........

2.38 7 O Audit 5 Total hours (line 3 times line M 150

23. Frequency of recordkeeping or reporting (check allthJtapply)

18. Annuairecordkeeping burden 1 Recordkeeping 1 umber of recordkeepers . ... .

Reporfins 2 Annual hours per recordkeeper. . .

3 Totai recordkeeping hours (kne J tsmes line 2) .. 2 @ Onoccasion 4 Recordkeeping retention period years 3 Weekly

19. Total annual burden 4 O Monthiy 1 Requested (line 17 5plus line 184) . ..

100 5 O Quarterfy 150 s O semi-annuairy 2 to current OMB inventory . .

0 7 @ Annuairy 3 Ditference (line !lessline 2) ..

8 0 Bsennially Esplanation of differrace 4 Program change . . . .. 9 O other(describe):

5 Adiustment .

24. Respondents

• obi'gation to comply (check the strongesroblegation that afyres

20. Current (most recent) OMB control number or comment number 3150-0032 i O voiuntary

21. hquested empiration date

• 2 O Required to obtain or retain a beneht 3 years frou a N roval date 3 3 Mandatory

25. Ara the respondents primanly educational agencies or institutions or is the primary purpose of the collection related to Federal education Yes h Nr pro

26. Does the agency use sampling to select respondents or does the agency recornmend or prescribe the use di sampling or statistical analy by respondents?

27. Regulatory authority for the information conection rR  ; or.Other (specify):

10 cFR Part 130

or P:pirwork Certoticatuon in submitting this reauest for OMB approval, the agency head. the senior official or an authorized representative. certif.es that the req Pnvitcy Act. statist. cal standards or directives, and any other app 6 cable information pohcy detect.ves have been complied with.

52 nature or program otticiat

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CJte knature of JgenCy t'eao, tne sen:or o'f.c.Ji er an adhuri ed representa!Ive ,

M' Puricia G. trry, Director 4 . g .- h---

M ej th Offirr> rd Abiniemi-im

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SUPPORTING STATEMENT FOR 10 CFR PART 150 EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS JUSTIFICATION NRC Regulations in 10 CFR Part 150 provide certain exemptions to persons in Agreement States from the licensing requirements contained in Chapters 6, 7, and 8 of the Atomic Energy Act of 1954, as amended, and certain regulations of the Commission. The regulations in Part 150 also define activities in Agreement States over which the regulatory authority of the Commission continues. In fo nna-tion concerning the application, recordkeeping, and reporting requirements imposed by specific sections is provided below.

NEED FOR AND PRACTICAL UTILITY OF THE INFORMATION COLLECTION The reports described in 150.16(a),150.17(a),150.17(b), and 150.17a contain data that are used to generate reports to provide to the Australian and Canadian Governments in accordance with Bilateral Agreements and the International Atomic Energy Agency (IAEA) in accordance with the US/IAEA Safeguards Agreement.

Information collected is also necessary to the domestic inspection program.

The reports described in 150.16(b),150.17(c), and 150.19(c) are evaluated and maintained by NRC in order that the Commission may carry out its responsibility under the Atomic Energy Act of 1954, as amended, to regulate the possession and use of spe-cial nuclear material, source material, and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

Section 150.16(a) 10 CFR Section 150.16(a) requires each Agreement State licensee who transfers or receives special nuclear material to complete and distribute a DOE /NRC Fonn 741 whenever he transfers or receives a quantity of special nuclear material of 1 gram or more of contained uranium-235, uranium-233, or plutonium. This report is re-quired in order for the United States to fulfill its responsibilities under the US/IAEA Safeguards Agreement. Accounting reports for each IAEA material balance area must include inventory change reports showing all changes in the inventory of nuclear material .

The use of DOE /NRC Form 741, and its continuation page, Form 741A, has been previously approved by OMB under clearance number 3150-0003, which should be referred to for information collection burden and supporting data.

Section 150.16(b) 10 CFR Section 150.16(b) requires that each person who, pursuant to an Agree-ment State license, possesses 1 gram or more of contained uranium-235, uranium-233, or plutonium shall report immediately to the appropriate NRC Regional Office any incident in which any theft or unlawful diversion of special nuclear material which he is licensed to possess has been made or is believed to have been made.

The information submitted by licensees under this requirement is evaluated and maintained by NRC in order that the Commission may carry out its responsi-bility under the Atomic Energy Act of 1954, as amended, to regulate the pos-session and use of special nuclear material, source material, and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

Section 150.17(a) 10 CFR Section 150.17(a) requires each person who, pursuant to an Agreement >

State license, transfers or receives or adjusts the inventory in any manner by I kilogram or more of uranium or thorium of foreign origin or who imports 1 kilo-gram or more of uranium or thorium of any origin to canplete and distribute 00E/

NRC Form 741.

This report is required in order for the United States to fulfill its responsibilities under the US/lAEA Safeguards Agreement. Accounting reports for each IAEA material balance area must include inventory change reports showing all changes in the inventory of nuclear material .

The use of DOE /NRC Form 741, and its continuation page, Form 741A, has been previously approved by OMB under clearance number 3150-0003, which should be referred to for information collection burden and supporting statenent.

Section 150.17(b) 10 CFR Section 150.17(b) requires each person who is authorized to possess at any one time and location under an Agreement State license, more than 1,000 kilo-grams of uranium or thorium, or any combination of uranium or thorium, to submit to NRC within 30 days of September 30 of each year a statement of his source material inventory.

The information contained in the statement is placed in and maintained by the Nuclear Materials Management and Safeguards System (NMMSS), pursuant to the Com-mission's responsibility under Section 161 of the Atomic Energy Act of 1954, as amended, to establish such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material, as it deems necessary or desireable to promote the common defense and security.

Section 150.17(c) 10 CFR Section 150.17(c) requires that each licensee who is authorized to possess uranium or thorium pursuant to a specific license to report promptly to the appropriate NRC Regional Office any incident in which an attempt has been made or is believed to have been made to commit a thef t or unlawful diversion of more than 15 pounds of such material at any one time or 150 pounds of such material in any one calendar year.

The information submitted by licensees under this requirement is evaluated and maintained by NRC in order that the Commission may carry out its responsi-bility under the Atomic Energy Act of 1954, as amended, to regulate the posses-sion and use of special nuclear material, source material, and byproduct mate-rial as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

Section 150.17a 10 CFR Section 150.17a requires that each person who, pursuant to an Agreement State license, is authorized to possess source material in amounts greater than one effective kilogram (except in ore processing) is subject to the provisions of Part 75 of the Commission's regulations. Part 75 requires, among other things, that the applicant file with the Commission: the identification of the installa-tion; a description of the general design of the installation in reference to flow of nuclear material; a description of features of the installation relating to material accounting, containment and surveillance; and a description of the exist-ing and proposed procedures of the installation for nuclear material accounting and control.

This information must be filed at least nine months prior to the date the applicant desires to receive the source material (or earlier upon request by the Commission). The Commission will grant an exemption from these requirements if it determines that the installation will not be included on the United States eligible list.

The NRC staff will review the infomation submitted by applicants to detemine if it is ccfoplete and nieets the requirements set out in 10 CFR Part 75, Section

75.11.

The information contained in the report is placed in and maintained by the Nuclear Materials Management and Safeguards System (NMMSS), pursuant to the Comission's responsibility under Section 161 of the Atomic Energy Act of 1954, as' ended, to establish such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as

$necessarytopromotethecommondefenseandsecurity,protecthealth,andminimize danger to life or property.

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Section 150.19(c) 10 CFR Section 150.19(c) requires that each person who, pursuant to an Agreement State license, is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office any incident in which any attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 10 curies of such material at any one time or 100 curies of such material in any one calendar year.

The information submitted by licensees under this requirement is evaluated and maintained by NRC in order that the Commission may carry out its responsi-bility under the Atomic Energy Act of 1954, as amended, to regulate the posses-sion and use of special nuclear material, source material, and byproduct mate-rial as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

Section 150.20(b)(1) 10 CFR Section 150.20(b)(1) requires that any Agreement State licensee engaging in activities in non-Agreement States under the general license established in Section 150.20(a) shall, at least 3 days prior to engaging in such activity, file four copies of NRC Form 241 and four copies of his Agreement State specific 1.icense, with the appropriate NRC Regional Of fice.

The use of NRC Form 241 (revised) has been previously approved by OMB under clearance number 3150-0013, which should be referred to for information collection and supporting data.

Section 150.31(b)(1) 10 CFR Section 150.31 (b)(1) requires that, in the licensing and regulation of byproduct material, or any activity which results in the production of such byproduct material, Agreement States shall require compliance with the provisions of Appendix A of 10 CFR Part 40 pertaining to ownership of such byproduct material and disposal sites for such material .

Information collection burden and supporting data for Section 150.31(b)(1) are attributable to Appendix A of 10 CFR Part 40, which has been approved by OMB under clearance number 3150-0020, which should be referred to for information collection burden and supporting data.

DUPLICATION OF OTHER COLLECTION OF INFORMATION In general, information required by the NRC in reports concerning nuclear materials does not duplicate other Federal information collection requirements and is not available from any source other than licensees. Portions of the needed information might also be contained in other information submitted to the NRC or other Federal agencies. However, duplication, if any, is slight, and the collec-tion of this information by use of specified forms and other required reports is the most effective and least burdensome means of obtaining the information.

CONSULTATIONS OUTSIDE THE NRC There have been no consultations outside the agency since the previous clearance of these infonnation collection requirements or the establishing rulemaking pro-ceeding, as applicable.

DESCRIPTION OF THE INFORMATION COLLECTION Number and Type of Respondents There are approximately 100 Agreement State licensees affected by these report-ing requirements. These licensees are authorized to possess source or special nuclear material at certain types of facilities, or at any one time and location in amounts greater than specified snounts.

Reasonableness of Schedule for the Information Collection The schedule for submitting yearly inventory reports and occasional transaction reports is reasonable because the data necessary for providing them is a part of the licensee's in-house records which are maintained on a continuing basis in the normal course of business. The data is simply transcribed from the in-house records to the NRC required reports.

The information submitted is not compiled or published. However, with the exception of certain safeguards or proprietary information, it is generally available to the public for inspection and copying.

Method of Collecting the Information Forms and instructions are provided to all affected licensees by the NRC for submission of transaction and inventory data.

Adequacy of the Description of the Information The information to be submitted is clearly described on the forms and is explained in the instructions for conpleting the forms.

Record Retention Period None.

Reporting Period Reports are required as occasioned by the occurrence of specified events, such as the receipt or transfer of licensed radioactive material, or actual or attempted theft of licensed material . An annual statement of source material inventory is submitted within 30 days of September 30 of each year.

The collection and recording of data for inventory purposes is a continuing process that the licensee carries out throughout the year for the licensee's internal records. At the specified times for inventory reports, the licensee simply submits the accumulated data from the licensee's records, based either on book inventory or on data from a physical inventory taking, to NRC in the report. The requirement to report within thirty days of the ending date is a reasonable measure to ensure timeliness in receipt of inventory data by NRC in order to maintain material accountability under its statutory responsibility under the Atomic Energy Act to ensure protection of the common defense and security. Moreover, the US/IAEA Safeguards Agreement specifies that reports are to be submitted within 30 days following a physical inventory taking.

The Canadian and Australian Bilateral Agreements require that reports be submitted yearly and twice yearly, respectively.

This information concerning receipt, transfer, and inventory is placed in and maintained by the Nuclear Materials Management and Safeguards System (NMMSS),

pursuant to the Commission's responsibility under the Atomic Energy Act of 1954, as amended, to establish such standards and instructions to govern the possession and use of nuclear material as it deems necesary or desirable to promote the common defense and security.

The information concerning actual or attempted theft is collected, evaluated, and maintained by the NRC by the above authority to protect health, and minimize danger to life or property.

Cop.ies Required t,o be Submitted 150.16(a),150.17(a) - Form 741 - 4 copies (multiple copies are required to document the transaction with the shipper, receiver, the NRC, and to accompany the shipment) 150.16(b), 150.17(c), 150.19(c) - incident report - 2 copies 150.17(b) - Form 742 - 1 copy 150.17 - installation information - 1 copy 150.20(b)(1) - Fom 241 - 4 copies (multiple copies are required to report proposed activities in Non-Agreement States to one or more NRC Regional Offices, the NRC State Programs Office, and the State Health Department)

ESTIMATE OF BURDEN Estimated Hours Required to Respond to the Information Requirement No. of Licensee Staff Hours Total Annual Section Responses Annually Per Submittal Licensee Burden (hrs) 150.16(a), See OMB Clearance No. 3150-0003 150.17(a) 150.16(b) 150.17(c) 3 10 30 150.19(c) 150.17(b) 60 2 120 150.17a Although Agreement state licensees are eligible and on the IAEA selection list, none have been selected and there are no plans by the IAEA to select any at this time.

150.20(b)(1) See OMB Clearance No. 3150-0013 150-31(b)(1) See OMB Clearance No. 3150-0020 TOTAL 63 150 Estimated Cost to Respond Section 150.16(a),150.17(a) See OMB Clearance 3150-0003.

150.17(b) The annual cost to each respondent to comply with this requirement is estimated to be $60. The total annual cost to all affected licensees is estimated to be $600, i

150.16(b),150.17(c) The annual cost for one incident for all licensees 150.19(c) is estimated to be $60.

150.17a No Agreement States have been selected to date and no plans by IEAE to select at this time.

150.10(b)(1) See OMB clearance number 3150-0013.

150.31(b)(1) See OMB clearance number 3150-0020.

. ,o Source of Burden Data and Method of Estimating This data is based on informal consultations by the staff with a small nwnber of typical licensees and analysis of actual submissions of reports in CY 1983. Cost data is based on $60 per hour.

Estimate of Cost to the Federal Government Annual Cost - NRC Staff Review (Professional effort - 5 min / report 0 $60/hr.) = $ 1,210 Annual Cost - Clerical Processing (Clerical effort - 60 min / form 0 $60/hr.) = $

Annual Administrative Costs (Postage, handling, envelopes, etc.) = $ 140 Annual Cost for Record Holdings $

Annual Printing Costs = $ 140 Annual Cost for Storage of Forms in NRC Supply

($2.10 per 1,000) =

$ 2 Annual ADP Cost = $

TOTAL ANNUAL COST $ 1,492*

• NRC and DOE share the cost of operating the Nuclear Materials Management and Safeguards System (NMMSS). Current and projected cost of the system is:

FY85, $1,675 million. As indicated in the Supporting Statement for 10 CFR Part 73, OMB No. 3150-0002, 75% of the cost of the system is attributable to Part 73. The remaining 25% ($418,750) is attributable to these nuclear materials transaction and accounting report forms. This includes the cost of ADP, record holding, and clerical processing of all forms (00E/NRC Forms 741, 741A, 740M, 742, 742C, and IAEA Form N-71). It is not possible to suballocate this cost to individual forms. For simplicity, this entire cost is allocated to Form 741 (0MB No. 3150-0003) and is omitted from the cost data for the remaining forms.