In accordance with 5 CFR 1320, comment filed on proposed rule. Agency to address comments received at final rule stage.
Inventory as of this Action
Requested
Previously Approved
04/30/2012
04/30/2012
06/30/2012
5,502
0
5,502
110,244
0
110,244
10,472
0
10,472
10 CFR Parts 30, 40, 70, 170, and 171, Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, Proposed Rule
The NRC is proposing to amend its regulations in 10 CFR Part 40 to establish new requirements for distributors of source material to persons exempt from the regulations or for use under a general license in § 40.22. In addition, the Commission is also proposing to modify the existing possession and use requirements for § 40.22 general licensees to align the requirements with current health and safety standards. Finally, the Commission is proposing to revise, clarify, or delete certain exemptions in § 40.13(c) to make the exemptions more risk informed. Conforming changes would be made to 10 CFR Parts 30, 70, 170 and 171. These changes would affect manufacturers and distributors of products and materials containing source material and future users of some products used under exemptions from licensing and under the § 40.22 general license.
Information collections would result from new requirements for certain persons initially distributing source material to obtain a specific license. These new specific licensees would be required to provide reports regarding their initial distributions of source material to the NRC and the Agreement States on an annual basis and maintain records of such reports, as well as meet existing information collection requirements in 10 CFR Parts 19 and 20. In addition, labeling requirements and notifications to recipients would be required for certain initial distributions of source material. Proposed revisions to the general license provisions in § 40.22 would specifically require the general licensee to respond to NRC requests for information in a timely manner and notify the NRC when ceasing activities if significant contamination is identified.
NOTE: This proposed rule affects information collections in Parts 19, 20, and 40 as well as NRC Form 313/313A series of forms. Information collections for Parts 19 and 40 have both been entered in ROCIS under Part 40 because Part 19 will soon be undergoing OMB review for renewal (expiration date of 11/30/10). Information collections for Part 20 and NRC Form 313 have been entered into ROCIS under their appropriate clearance numbers.
The proposed rule would add a requirement in 10 CFR 40.13(c)(10) that requires persons who initially transfer products for use under a product exemption in 10 CFR 40.13(c) to obtain a specific license to be issued under the proposed 10 CFR 40.52 requirements. This means that those persons who previously operated as general licensees (and therefore did not have to submit an application to the NRC) and manufacture and initially distribute products for use under 10 CFR 40.13(c) must now be licensed as specific licensees. As specific licensees, these licensees would also become subject to Parts 19 and 20. Previously, as general licensees, they were not subject to the requirements of these Parts. However, an estimated 18 licensees will be newly subject to reporting and recordkeeping requirements under Part 20.
NOTE: There are no additional government costs for this rule associated with Part 20 ($0). Government costs associated with the proposed rule have been entered into ROCIS under NRC Form 313 (3150-0120) and Part 40 (3150-0020). The total cost for the rule is estimated to be $24,120.
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:
(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;
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.
40-22 Proposed Rule SS revised 11-24-10.doc
10 CFR 20, Standards for Protection Aganist Radiation