ML17160A177 30day SS

FINAL OMB SUPPORTING STATEMENT
FOR
NRC FORM 241
REPORT OF PROPOSED ACTIVITIES IN NON-AGREEMENT STATES,
AREAS OF EXCLUSIVE FEDERAL JURISDICTION, OR OFFSHORE WATERS
(3150-0013)
--EXTENSION
Description of the Information Collection
Section 274 of the Atomic Energy Act of 1954, as amended, authorizes the U.S. Nuclear
Regulatory Commission (NRC) to enter into an agreement with the Governor of any State,
providing a discontinuance of certain regulatory authority of the NRC. A State that has signed
such an agreement with the NRC is referred to as an “Agreement State,” and it is allowed to
regulate the use of radioactive material within that State. In addition, under NRC's regulations
in Title 10 of the Code of Federal Regulations (10 CFR) Part 150, "Exemptions and Continued
Regulatory Authority in Agreement States and in Offshore Waters Under Section 274,” the NRC
refrains from exercising certain licensing authority in Agreement States and exempts licensees
in those States from certain NRC licensing requirements.
Under the reciprocity provisions of 10 CFR Part 150, any Agreement State licensee who
engages in activities (such as the use of radioactive byproduct material) in non-Agreement
States, areas of exclusive Federal jurisdiction, or offshore waters is required to file, with the
NRC regional administrator for the region in which the Agreement State that issues the specific
license is located, an NRC Form 241, a copy of the Agreement State specific license, and the
appropriate fee as prescribed in Section 170.31 at least 3 days before engaging in each such
activity. This form includes information on locations and dates of activities. The 3-day time
schedule permits the NRC regional office time to schedule inspections of these activities.
A.

JUSTIFICATION
1.

Need for and Practical Utility of the Collection of Information
10 CFR 150.20 establishes a general license through which NRC authorizes any
Agreement State licensee with a specific license to conduct the same activity in
non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters
for a period not to exceed 180 days in any calendar year (with the exception of
work conducted in off-shore waters which is authorized for an unlimited period of
time in the calendar year). Any Agreement State licensee operating under the
general license is required to file with the NRC regional office an NRC Form 241,
a copy of the Agreement State specific license, and the appropriate fee as
prescribed in Section 170.31 at least 3 days before performing work. However,
the regional administrator of the NRC regional office may authorize an
Agreement State licensee to commence activity based on a telephone, fax, or
letter notification by the licensee, provided that the licensee files an NRC Form
241 within 3 days of the notification.
Receipt of the information on NRC Form 241 is necessary to make the NRC
aware of Agreement State licensee’s work in non-Agreement States, areas of
exclusive Federal jurisdiction, or offshore waters. The NRC can then determine

whether the work is conducted in accordance with NRC requirements for
protection of the public health and safety.
2.

Agency Use of the Information
The report informs the NRC of the locations and dates of activities conducted in
non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters
by Agreement State licensees under the general license. This notification
permits the NRC regional office to schedule inspections of the activities to
determine whether the activities are conducted in accordance with NRC
requirements for protection of the public health and safety.

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
approximately 60 percent of the 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
Some of the Agreement State licensees who use byproduct material in
non-Agreement States, areas of exclusive Federal jurisdiction, or offshore waters
are small businesses. However, because the health and safety consequences of
improper handling or use of byproduct material are the same for large and small
entities, it is not possible to reduce the burden on small businesses by reducing
the frequency of reporting or minimizing recordkeeping procedures.

6.

Consequences to Federal Program or Policy Activities if the Collection Is Not
Conducted or Is Conducted Less Frequently
If the information on NRC Form 241 is not collected, the NRC will not be aware of
work performed by Agreement State licensees in non-Agreement States, areas
of exclusive Federal jurisdiction, or offshore waters. The forms are submitted
only as the specified uses occur. NRC Form 241 must be submitted prior to
each such activity, but the NRC regional office may waive the requirement for
filing additional forms during the remainder of the calendar year following the
receipt of the initial NRC Form 241 from the Agreement State licensee.

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7.

Circumstances Which Justify Variation from the Office of Management and
Budget (OMB) Guidelines
This information collection is consistent with OMB Guidelines.

8.

Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for
this clearance package has been published in the Federal Register on
March 24, 2017 (82 FR 15071). Six companies that had previously submitted the
NRC Form 241 were contacted by email as part of the public consultation
process. Feedback on this information was requested. No comments were
received.

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
This information collection does not involve sensitive questions.

12.

Estimated Burden and Burden Hour Cost
Based on the average number of submissions for the past 2 years collected on
an annual basis, the NRC estimates that it will receive 1,720 NRC Forms 241
annually from 200 Agreement State licensees (200 initial submittals); 1,520
changes; and 0 clarifications from Agreement State licensees who engage in
activities (use of radioactive byproduct material) in non-Agreement States. This
estimate represents maintaining the current pace submissions.
The NRC estimates that initial submissions require 30 minutes to complete,
whereas both changes and clarifications require 15 minutes to complete.
The total burden for the NRC Form 241 is 480 hours. This includes 100 hours for
initial submissions (200 x 30 minutes); 380 hours for changes (1,520 x 15
minutes); and 0 hours for clarifications (0 x 15 minutes). The estimated cost to
licensees is $127,200 (480 hours x $265/hour). See Table 1 for a breakdown of
the number of forms submitted, burden hours, and costs.

13.

Estimate of Other Additional Costs
There are no additional costs.

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14.

Estimated Annualized Cost to the Federal Government
It is estimated that the annual cost to the government for review and
acknowledgment for forms, deficiency requests, and further dissemination of
each NRC Form 241 is based on 3 hours annually for each of the 200 initial
reciprocity requests, for a cost of $159,000 (600 hours x $265/hr); 1
hour/response for each of the 1,520 changes, for a cost of $402,800 (1,520
hours x $265/hr); and 15 minutes/response for each of the 0 clarifications, for a
cost of $0 (0 hours x $265/hr). Therefore, the total estimated annual cost to the
Federal government is based on 2,120 hours for a cost of $561,800 (2,120
hours/year x $265/hr). This cost is fully recovered through license fees charged
to NRC licensees pursuant to 10 CFR Parts 170 and/or 171. See Table 2 for a
breakdown of costs to the Federal Government.

15.

Reasons for Changes in Burden or Cost
Based on experience and data collected on submissions on an annual basis for
the last 2 years, the NRC expects the same pace of submissions to continue and
therefore, to receive approximately the same number of submissions per year for
the next clearance period. Since the last clearance period, the NRC has gained
access to improved data collections methods. From 2015 to 2016, an average
of 1,720 forms was estimated to be filed annually. The previous estimate was
1,020 forms (based on a review of the estimated actual number of forms received
from 2011 to 2013), an overall increase of 700 forms. The number of initial
submissions increased from 153 to 200 (an increase of 47 forms, 23.5 hours of
burden); the number of changes to the initial forms submitted increased from 805
to 1,520 (an increase of 715 forms, 179 hours of burden); and the number of
clarifications decreased from 62 to 0 (a reduction of 62 forms, 15.5 hours of
burden).
As a result of the reduction in the estimated number of forms filed annually, the
overall burden estimate has increased from 293.25 to 480 hours (a net increase
of 186.75 hours).
The increase in initial submissions and submissions changing initial submissions
may be attributed to improved data collections methods at the NRC. The
decrease in Clarifications can be attributed to the Clarification category being
phased out since that check box is no longer physically present on NRC Form
241.
In addition, the hourly rate decreased from $272/hour to $265/hour.

16.

Publication for Statistical Use
This information will not be published for statistical use.

17.

Reason for Not Displaying the Expiration Date
The expiration date is displayed on NRC Form 241.

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18.

Exceptions to the Certification Statement
There are no exceptions.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
Not applicable.
TABLE 1
Annual Reporting Burden
Number of
Responses

Initial Submittals
Changes
Clarifications
Total

Burden Hours
per Response

Total Burden
Hours

Cost at $265/Hr

200

0.50

100

$26,500

1,520

0.25

380

$100,700

0

0.25

0

$0

480

$127,200

1,720

Total Number of Respondents:

200

Total Number of Responses:

1,720

Total Reporting Burden:

480 hours ($127,200)

TABLE 2
Federal Government Costs

Initial Submittals
Changes
Clarifications
Total

Number of
Forms Received

Hours per Form

200

3.00

600

$159,000

1,520

1.00

1,520

$402,800

0

0.25

0

$0

2,120

$561,800

1,720

5

Total Hours

Cost at $265/Hr