NRC Form 244 - FINAL Supporting Statement 2009

FINAL SUPPORTING STATEMENT

FOR

NRC FORM 244

REGISTRATION CERTIFICATE - USE OF DEPLETED URANIUM

UNDER GENERAL LICENSE

(3150-0031)

EXTENSION

Description of the Information Collection

NRC regulations in 10 CFR Part 40 establish requirements for the issuance of licenses to receive title to, receive, possess, use, transfer, or deliver source and byproduct material. The regulations were issued pursuant to the Atomic Energy Act of 1954, Title II of the Energy Reorganization Act of 1974, the National Environmental Policy Act of 1969 (NEPA), and the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) (all as amended). Section 40.25 establishes a general license authorizing the use of depleted uranium contained in industrial products or devices for mass-volume applications. Information regarding the first receipt or acquisition of depleted uranium must be submitted on NRC Form 244, “Registration Certificate – Use of Depleted Uranium Under General License,” within 30 days of receipt of such depleted uranium.

A. Justification

1. Need for and Practical Utility of the Collection of Information

Section 40.25(c) requires persons to file NRC Form 244, "Registration Certificate - Use of Depleted Uranium Under General License," with the NRC within 30 days after first receipt of depleted uranium under the general license in Section 40.25(a) and to report any changes to the information on Form 244 within 30 days of the change. The purposes of the registration requirement are: (1) to provide means of identifying the general licensee, (2) to permit NRC to inform the general licensee of the terms and conditions of the general license upon first receipt of depleted uranium, and (3) to facilitate subsequent communication with the general licensee.

Section 40.25(d)(3) requires persons transferring depleted uranium to a transferee pursuant to the general license in Section 40.25(a) to furnish to the transferee a copy of Section 40.25 and a copy of Form 244, and if under the regulations of an Agreement State, an explanation of that fact. These documents inform the user of the need to register and other requirements of the general license. NRC has printed Section 40.25 on the back of Form 244, so that both requirements can be met by providing one piece of paper to the transferee, thus minimizing the burden for licensees.

Section 40.35(d) requires that licensees for such manufacture or initial transfer of depleted uranium furnish a copy of the general license contained in Section 40.25 and a copy of NRC Form 244, or the equivalent general license and certificate from an Agreement State, accompanied by an explanatory note, to each person to whom source

material in a product or device is transferred for use pursuant to the general license. These documents inform the user of the need to register and other requirements of the general license. NRC has printed Section 40.25 on the back of Form 244, so that both requirements can be met by providing one document to the transferee, thus, minimizing the licensee burden.

2. Agency Use of the Information

The information that licensees report on NRC Form 244 is used to identify depleted uranium contained in industrial products or devices for mass-volume applications and to identify the location of the material. In addition, the form serves as a certification that the information presented in it is true and complete, the registrant has developed and will maintain procedures to establish physical control over the depleted uranium, prevent transfer of the depleted uranium to persons not authorized to receive the depleted uranium, and notify the agency in writing of any changes in information furnished by a registrant within 30 days.

The information on the form is reviewed by NRC inspectors during inspections, license renewals, and license amendment reviews to evaluate compliance with NRC radiation safety requirements for possession and use of source and byproduct material and is used to determine that licensees have confined their possession and use of source and byproduct depleted uranium to the locations, purposes, receipt, and quantities authorized in their licenses.

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. NRC issued a regulation October 10, 2003 (68 FR 58791), consistent with the Government Paperwork Elimination Act, which allows its licensees, vendors, applicants, and members of the pubic the option to make submissions electronically via CD-ROM, e-mail, special Web-based interface, or other means. It is estimated that 0% 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. NRC has in place an ongoing program to examine all information collections with the goal of eliminating all duplication and/or unnecessary information collections.

5. Effort to Reduce Small Business Burden

Some of the licensees who use source and byproduct material are small businesses. However, since the health and safety consequences of improper handling or use of radioactive source and byproduct material are the same for large and small entities, it is not possible to reduce the burden on small businesses by less frequent or less complete reporting, recordkeeping, or accounting and control procedures.

6. Consequences to Federal Program or Policy Activities if the Collection is Not

Conductor is Conducted Less Frequently

If the information is not collected, NRC will have no way to assess whether licensees are operating within the radiation safety requirements applicable to the possession, use, or transfer of source or byproduct material. Applications for new licenses are submitted only once and amendments are submitted as necessary. Applications for renewal of licenses are submitted every ten years. Information submitted in previous applications may be referenced without being resubmitted. The schedule for collecting the information is the minimum frequency necessary to assure that licensees will continue to conduct programs in a manner that will assure adequate protection of public health and safety.

7. Circumstances Which Justify Variation from OMB Guidelines

There are no variations from OMB guidelines.

8. Consultations Outside the NRC

Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Register on March 30, 2009 (74 FR 14163). No comments were received.

9. Payment or Gifts to Respondents

Not applicable.

10. Confidentiality of Information

Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17 (a) and 10 CFR 2.390 (b)

11. Justification for Sensitive Questions

This information collection does not involve sensitive questions.

12. Estimated Burden and Burden Hour Cost

The total annual burden is estimated to be 23 hours to report the receipt and transfer of depleted uranium under general license as required by 10 CFR 40. The burden estimates are based on actual submittals to NRC in past years. The total cost for NRC Licensees and Agreement State Licensees would be $5,474 (23 hours x $238/hr). This rate is based on NRC's fully recoverable fee rate.

NRC Licensees:

4 respondents @ 1 response each @ 1 hour per response = 4 burden hours.

Agreement State Licensees:

19 respondents @ 1 response each @ 1 hour per response = 19 burden hours.

Total burden hours = 23 (4 NRC and 19 Agreement State Licensees).

13. Estimate of Other Additional Costs

None.

14. Estimated Annualized Cost to the Federal Government

The annual cost for the NRC to review NRC Form 244 is estimated to be 2 hours (.50 hours x 4 reports) x $238/hour, or $476. The majority of the cost for review of Form 244 is associated with review of information and certification regarding depleted uranium. These costs are fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

15. Reasons for Change in Burden

There was an overall increase of 18 hours in burden for this form from 5 hours to 23 hours. The total increase in burden is reflected by an increase from 2 to 4 hours for the NRC and from 3 to 19 hours for the Agreement State. The number of forms previously anticipated were surpassed and based on a review of actual submissions to date; staff has revised the burden estimates to more accurately reflect this trend.

The change in cost reflects an increased in the annual labor cost for material licensees from $197 to $238 per hour.

16. Publication for Statistical Use

Results will not be tabulated or published.

17. Reason for Not Displaying the Expiration Date

No exception is necessary, as the expiration date is displayed on NRC Form 244.

18. Exceptions to the Certification Statement

Not applicable.

B. Collection of Information Employing Statistical Methods

Not applicable.

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