FINAL OMB SUPPORTING STATEMENT FOR
OFFICE OF FEDERAL AND STATE MATERIALS AND
ENVIRONMENTAL MANAGEMENT PROGRAMS REQUESTS TO
AGREEMENT STATES FOR INFORMATION
(3150-0029)
REVISION TO CLEARANCE EXTENSION
Description of the Information Collection
Section 274(g) of the Atomic Energy Act authorizes and directs the U.S. Nuclear Regulatory Commission (NRC) to cooperate with the States in the formulation of standards for protection against hazards of radiation to assure that State and NRC programs will be coordinated and compatible. As part of the NRC cooperative post-agreement program with the States, information on licensing and inspection practices, and/or incidents, and other technical and statistical information is exchanged. Agreement State comments are also solicited in the areas of proposed implementing procedures relative to NRC Agreement State program policies. The information requests take the form of one-time surveys, e.g., telephonic and electronic surveys/polls and facsimiles (questionnaires). The information collection requests have been expanded to take into account the impact of NRC/Agreement State working groups and the re-defining of the Agreement State Program through the “Statement of Principles and Policy for the Agreement State Program,” the “Policy Statement on the Adequacy and Compatibility of Agreement State Programs,” and the associated implementing procedures, including the “Integrated Materials Performance Evaluation Program.”
A. JUSTIFICATION
1. Need for and Practical Utility of the Collection Information
Prior to 1954, atomic energy activities were largely confined to the Federal government. Only the Federal government issued licenses to users of radioactive material. In that year, the enactment of the Atomic Energy Act made it possible for private commercial firms to enter the field. Because of the hazards, Congress determined these activities should be regulated under a system of licensing to protect the health and safety of radiation workers and the public. The NRC, as a successor to the Atomic Energy Commission, is charged by Congress with this responsibility.
Protection of public health and safety has traditionally been a State responsibility, but the 1954 Act did not carve out any specific role for the States. In 1959, Section 274 of the Atomic Energy Act was enacted to spell out a State’s role and to provide a statutory basis under which the Federal government could relinquish to the States portions of its regulatory authority. The 1959 amendments made it possible for the States to license and regulate byproduct, source materials, and small quantities of special nuclear material. The mechanism for the transfer of NRC's authority to a State is an agreement between the Governor of the State and the NRC. Thirty-four States have entered into such Agreements with NRC. These States now regulate approximately 80 percent of byproduct, source and special nuclear material licenses in the United States, as permitted by Section 274 of the Atomic Energy Act.
Responsibility for regulating the approximate 22,000 specifically licensed users of radioactive materials is shared between the NRC and the 34 Agreement States. Agreement States regulate a range of fewer than 100 licenses to more than 2,000 licenses. As part of the NRC cooperative post-agreement program with the States, information on licensing and inspection practices, and/or incidents, and other technical and statistical information is voluntarily exchanged.
2. Agency Use of Information
The periodic one-time collection of data from the individual Agreement States enables the NRC and States to identify issues and plan and evaluate options for future actions. The data are also utilized in preparing responses to Congressional inquiries and requests for information from other sources. There is no source for obtaining such necessary information other than from the Agreement States.
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 on October 10, 2003 (68 FR 58791), consistent with the Government Paperwork Elimination Act, which allows its licensees, vendors, applicants, and members of the public the option to make submissions electronically via CD-ROM, e-mail, special Web-based interface, or other means. It is estimated that approximately 80 percent of the potential responses are filed electronically.
4. Efforts to Identify Duplication and Similar Use 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
There is no impact or burden on small business because the recipients of the requests are State agencies.
6. Consequences to Federal Program or Policy Activities if the Collection is
Not Conducted or is Conducted Less Frequently
The information collections are a one-time or as-needed action, which address specific issues generic to the Agreement States. The consequences of not collecting information, such as licensing and inspection practices, incidents and other technical and statistical information, could potentially impact the American public health and safety and also hamper the identification and evaluation of issues and options for the development of program responses to national problems. Further, the opportunity for valuable Agreement State review and comment on proposed policy and program updates and revisions would not be timely or eliminated altogether.
7. Circumstances Which Justify Variation From OMB Guidelines
Because information would be collected in the most expedient manner possible in order to respond to an exigent or unique circumstance which could affect public health and safety, it is possible that such a request would require a response in less than 30 days.
8. Consultation Outside the NRC
The opportunity for public comment on the information collection was published in the Federal Register on January 16, 2007 (72 FR 1778). 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).
11. Justification for Sensitive Questions
The NRC does not require the Agreement States to submit any sensitive information on a systematic basis.
12. Estimated Burden and Burden Hour Cost
Based upon recent Agreement State requests and historical data, the 34 Agreement States are expected to expend approximately 1,066 staff hours annually providing about 142 voluntary responses to approximately 20 NRC information requests. NRC receives an average of 4.18 responses per respondent (142 divided by 34 = 4.18 responses per respondent). All Agreement States do not respond to each request. The increased number of responses is due to an increase in the number of Agreement States from 33 to 34. Based on historical data, the Agreement States expend an average of 7.5 hours per response (1,066 hours divided by 142). Thus, the Agreement States spend 1,066 hours on these requests (4.18 responses per respondent X 34 respondents X 7.5 hours per response = 1,066 hours). The annualized professional cost is about $228,124 ($214 per professional staff hour x 1,066 staff hours). Included in this cost estimate is management review and clerical staff support. Because the States are not required to maintain records of their responses, State pay rates are assumed to be equal to the Federal pay rates shown in item 14.
13. Estimate of Other Additional Costs
None.
14. Estimated Annualized Cost to the Federal Government
Based upon staff estimates, NRC will spend about 126 professional hours annually on the exchange of information with the 34 Agreement States. Using the staff hourly rate of $214, the annual cost to the NRC is approximately $26,964. Included in this cost estimate is management review and clerical staff support.
15. Reasons for Change in Burden
Although the average number of NRC requests is expected to remain the same (20), the overall burden increased by 31 hours, from 1,035 to 1,066 hours because of an increase in the number of Agreement States from 33 to 34 and an increase in the number of responses from 138 to 142. The overall burden estimate per Agreement State response is expected to remain at 7.5 hours per response. The professional staff hourly rate increased from $158 to $214.
16. Publication for Statistical Use
This information will not be published for statistical use.
17. Reason for Not Displaying the Expiration Date
In the case of an exigent or unique circumstance which would trigger a telephonic NRC survey of Agreement States, the expiration date for OMB approval will be verbally transmitted.
18. Exceptions to the Certification Statement
There are no exceptions.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
Statistical methods are not used in this collection of information.
| File Type | application/octet-stream |
| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |