10 CFR 40 - "Domestic Licensing of Source Material"

Forms and Documents

Document Name	Status
FINAL Part 40 Supporting statement.docx Supporting Statement A	2022-05-31
FINAL Part 40 burden spreadsheet.xlsx Supplementary Document	2022-05-31

IC Document Collections

IC ID	Document Title	Status
44206	10 CFR Part 40 - Domestic Licensing of Source Material	Modified

ICR Details

OMB Control No: 3150-0020	ICR Reference No: 202205-3150-004
Status: Received in OIRA	Previous ICR Reference No: 201812-3150-001
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 40 - "Domestic Licensing of Source Material"
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/31/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2022
Responses	1,341	1,390
Time Burden (Hours)	16,422	16,928
Cost Burden (Dollars)	562	583

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Abstract: The U.S. Nuclear Regulatory Commission (NRC) regulations in Part 40 of Title 10 of the Code of Federal Regulations establish procedures and criteria for the issuance of licenses to receive title to, receive, possess, use, transfer, or deliver source and byproduct material. The application, reporting, recordkeeping, and third party notification requirements are necessary to permit the NRC to make a determination as to whether the possession, use, and transfer of source and byproduct material is in conformance with the Commission’s regulations for protection of public health and safety.

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Authorizing Statute(s): PL: Pub.L. 83 - 703 1-311 Name of Law: Atomic Energy Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 9392	02/18/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 32476	05/31/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
10 CFR Part 40 - Domestic Licensing of Source Material

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,341	1,390	0	0	-49	0
Annual Time Burden (Hours)	16,422	16,928	0	0	-506	0
Annual Cost Burden (Dollars)	562	583	0	0	-21	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The overall burden decreased by 506 hours from 16,928 hours to 16,422 hours. The net decrease in burden results from an overall decrease in estimated NRC licensee burden (-405.6 hours) and a decrease in Agreement State licensee burden (-100.5 hours). The decrease in total burden results from a decrease in respondents both in NRC (-17 licensees) and Agreement State (-35 licensees) jurisdictions. While some burden per response estimates were increased due to the inclusion of burden for uranium in situ recovery facility site-specific license conditions, there are no respondents yet for those items with increased burden per response due to market conditions. The NRC’s regulations for uranium recovery facilities are located in 10 CFR Part 40 and Appendix A to Part 40. These regulations were developed in the 1980s. The criteria in Appendix A are focused on conventional uranium milling, which was the main technique used to extract uranium at that time. Since the 1980s, the uranium recovery industry has shifted, and most facilities use in situ recovery methods to extract uranium. As the regulations in Appendix A are focused on conventional uranium milling, the NRC currently regulates uranium in situ recovery facilities via site-specific license conditions. The information required by site-specific license conditions relates to the protection of groundwater at in situ recovery facilities. The site-specific license conditions are focused on field testing, and subsequent reporting, that licensees perform to demonstrate that their activities are protective of groundwater. Prior to this renewal, the burden associated with these license conditions was not included in the Part 40 renewal package. In this renewal, 40 hours burden associated with license conditions has been added to the information collection, included on the burden table under reporting as “License conditions.” Note that the ratio of Agreement State materials licenses to NRC materials licenses has increased from 6.5:1 to 7.3:1 since the last renewal. This ratio is based on the annual estimate provided by the Agreement States. NRC uses the ratio of the total of NRC materials licensees to the total number of Agreement State materials licensees to estimate the number of Agreement State respondents. The current ratio is 7.3 (7.3 Agreement State licensees: 1 NRC licensees), based on 2,187 total NRC licensees and 16,040 Agreement State licensees. In addition, there was a change in the overall cost due to an increase in the hourly fee rate from $279/hr to $288/hr.

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Annual Cost to Federal Government: $755,424

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/31/2022

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