[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16941]


[[Page Unknown]]

[Federal Register: July 13, 1994]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 40, 72, 74, 75, 150

RIN 3150-AE35

 

Licensee Submittal of Data in Computer-Readable Form

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission is amending its regulations 
to require certain licensees to submit data to the NRC in computer-
readable format. The final rule streamlines the collection of nuclear 
material transaction data and increases the accuracy of the reported 
information. The final rule will save money for both NRC and licensees 
in the data collection process.

EFFECTIVE DATE: October 11, 1994.

FOR FURTHER INFORMATION CONTACT: Richard H. Gramann, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Telephone (301) 415-8118.

SUPPLEMENTARY INFORMATION:

Background

    The NRC has a major interest in the potential use for computer-
readable submittal. This innovation not only can result in monetary 
savings, but also can increase efficiency and accuracy of data 
collection efforts. In the past, the NRC has permitted the use of 
computer-readable forms as well as the use of computer generated 
facsimiles of the printed forms. Many licensees now generate their own 
facsimiles. The latest revision of ``Personal Computer Data Input for 
NRC Licensees'' (Nuclear Materials Management and Safeguards System 
(NMMSS) Report D-24) contains specific procedures for submitting in 
computer-readable format: DOE/NRC Form 741, ``Nuclear Material 
Transaction Report''; DOE/NRC Form 741A, ``Nuclear Material Transaction 
Report (Continuation Page)''; DOE/NRC Form 740M, ``Concise Note''; DOE/
NRC Form 742, ``Material Balance Report''; and DOE/NRC Form 742C, 
``Physical Inventory Listing.'' The amendments make mandatory the 
reporting in computer-readable format prescribed by the D-24 document. 
These amendments eliminate the need for paper forms, thus providing a 
cost saving for the NRC in satisfying its statutory and treaty 
obligations.
    The amendments affect each licensee who transfers, receives, or 
adjusts the inventory, in any manner, of uranium or thorium source 
material of foreign origin by 1 kilogram or more. Each specific 
licensee who transfers or receives 1 gram or more of contained uranium-
235, uranium-233, or plutonium would also be affected.
    These amendments are intended only to take advantage of current 
computer technology and to make the data collection process more 
efficient and less costly. The Commission believes there will be 
minimal costs associated with the implementation of these amendments. 
Many licensees already have their material accounting automated and can 
generate computer-readable reports. For those licensees who have not 
yet automated their reporting, a diskette with the appropriate formats 
and user prompts may be obtained from the NRC to facilitate this 
process. Licensees may obtain a copy of the NMMSS report or the 
diskette by writing the U.S. Nuclear Regulatory Commission, Division of 
Fuel Cycle Safety and Safeguards, Washington, DC 20555-0001.
    On January 26, 1993 (58 FR 6098), the Commission published a 
proposed rule in the Federal Register to make mandatory licensee 
submittal in computer-readable format. A 90-day comment period expired 
on April 26, 1993. Comments were received from nine respondents. Two 
comments were not in favor of the amendments, whereas the others 
expressed approval and encouragement to take advantage of today's 
technology. Several constructive suggestions were made and are included 
in the summary of public comments.

Summary of Public Comment

    A summary of the public comments and a clarifying response follows:
    (1) Continued requirement for hard copy forms. Several respondents 
expressed the continued need for hard copy forms. One commenter stated 
their material control and accounting (MC&A) program is based upon a 
``paper trail'' utilizing the DOE/NRC Form 741. Another commenter 
stated the continued requirement for submitting hard copies to various 
Department of Energy contractors. Another commenter raised the question 
of storage of records for a period of time specified by Commission 
regulations. Concern also was expressed regarding secondary 
distribution requirements of hard copy DOE/NRC Form 741 for certain 
domestic transactions and all import and export transactions. Finally 
one commenter stated the current requirements, which provide for both 
computer-readable and hard copy, are the more acceptable.
    The final amendments require licensees to submit computer-readable 
reports to the NRC in a format prescribed in NMMSS Report D-24. The 
amendments do not preclude other formats used for other purposes. Many 
licensees already generate facsimile reports for satisfying given 
requirements. Licensees that have no capability to produce these 
facsimiles may use the diskette provided by the NRC which can generate 
a facsimile (either hard copy or disk file for storage) of all forms 
subject to these amendments. With regard to records retention, the NRC 
permits the storage of records on electronic media with the capability 
for producing legible, accurate, and complete records during the 
required retention period. This would include computer generated 
facsimiles of forms subject to these amendments. For the reporting 
system to operate efficiently, computer-readable submittal for NRC's 
use is necessary.
    (2) Accepting shipper's values. A respondent suggested that the 
action code and date on the computer-readable DOE/NRC Form 741 for a 
shipment can be easily changed by the recipient to reflect accepting 
shipper's values.
    The diskette that is available from the NRC includes a program for 
editing the file of a computer-readable DOE/NRC Form 741 to edit the 
action code and date to reflect accepting shipper's values.
    (3) Telecommunication of licensee submittal. Four respondents urged 
the transmission of the computer-readable files over a modem instead of 
using diskettes.
    There is no disagreement with the commenters that modem 
transmission is desirable. Transmitting files by modem to satisfy 
reporting requirements is an option of these amendments. The NRC will 
work with any licensee desiring this option.
    (4) Revision of guidance documents. Several respondents noted the 
need to revise the guidance documents: NUREG/BR-0006, ``Instructions 
for Completing Nuclear Material Transaction Reports and Concise Note 
Forms''; NUREG/BR-0007, ``Instructions for Completing Material Balance 
Report and Physical Inventory Listing''; and NMMSS Report D-24, 
``Personal Computer Data Input for NRC Licensees,'' to be compatible 
with the submittal of computer-readable formats.
    NMMSS Report D-24 has been revised to include all the forms 
required in these amendments. The other guidance documents will be 
revised, as needed, to reflect the use of computer-readable forms to 
replace the paper forms.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in the categorical exclusion 10 CFR 51.22(c)(2). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this rule.

Paperwork Reduction Act Statement

    This final rule amends information collection requirements that are 
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.). These requirements were approved by the Office of Management and 
Budget, approval numbers 3150-0003, -0057, -0004, and -0058.
    Because the rule will eliminate the need for certain paper forms, 
the public burden for this collection of information is expected to be 
reduced. The reduction in burden for the DOE/NRC Forms 741, 741A, 742, 
and 740M is estimated to average .25 hours per response. The reduction 
in burden for the DOE/NRC Form 742C is estimated to average 2 hours per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding the estimated burden reduction or any other aspect of this 
collection of information, including suggestions for further reducing 
reporting burden, to the Information and Records Management Branch 
(MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; and to the Desk Officer, Office of Information and Regulatory 
Affairs, NEOB-3019 (3150-0003, -0004, -0057, and -0058), Office of 
Management and Budget, Washington, DC 20503.

Regulatory Analysis

    These final amendments have no significant impact on State and 
local governments and geographical regions. They have a significant 
positive impact on the efficiency and accuracy of the data collection 
process. The final amendments do not have a significant impact on 
health, safety, and the environment. This rule requires that all 
licensees submit computer-readable reports regarding special nuclear 
material transactions. The NRC will realize a significant cost savings. 
Licensees have already demonstrated their computer expertise by 
generating near-perfect copies of the current forms on Laser Jet 
printers. Generating computer-readable data in accordance with a 
prescribed format offers less burden than producing these near-perfect 
copies. The rule will facilitate the collection of data by the NRC to 
satisfy its statutory and treaty obligations. This constitutes the 
regulatory analysis for this final rule.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this change does not have a 
significant economic impact on a substantial number of small entities. 
This final rule affects all licensees required to report special 
nuclear material transactions using DOE/NRC Forms 741, 741A, 742, 742C, 
and 740M. Owners of nuclear power plants and fuel fabrication plants 
have already automated most, if not all, of their material accounting 
program and can easily generate computer-readable reports. Other 
affected licensees include laboratories, universities, colleges, 
medical clinics and hospitals, some of which may fall within the scope 
of the NRC's size standards for determination of which NRC licensees 
qualify as small entities (December 9, 1985; 50 FR 50241).
    One commenter stated that the proposed rule would increase the 
burden for licensees with manual accountability systems by requiring 
manual entry of data to diskette and a hard-copy data check for 
accuracy. Entities that may not yet have automated their reporting may 
obtain a diskette from the NRC to assist them in satisfying their 
reporting requirements. No respondent has stated a lack of computer 
capability to use such a diskette, and the likelihood of such a need is 
remote in view of the types of affected licensees. In addition, NRC 
staff experience with computer readable transfer of information 
indicates less burden and more efficiency for licensees and the NRC 
than transfer of hard-copy information. For these reasons, any initial 
cost associated with preparation of computer readable reports should be 
minimal and lead to a reduction in reporting burden for all affected 
licensees.

Backfit Analysis

    The NRC has determined that a backfit analysis is not required for 
this final rule because these amendments do not involve any provisions 
that would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials-- 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 72

    Manpower training programs, Nuclear materials, Occupational safety 
and health, Reporting and recordkeeping requirements, Security 
measures, Spent fuel.

10 CFR Part 74

    Accounting, Criminal penalties, Hazardous materials--
transportation, Material control and accounting, Nuclear materials, 
Packaging and containers, Radiation protection, Reporting and 
recordkeeping requirements, Scientific equipment, Special nuclear 
material.

10 CFR Part 75

    Criminal penalties, Intergovernmental relations, Nuclear materials, 
Nuclear power plants and reactors, Reporting and recordkeeping 
requirements, Security measures.

10 CFR Part 150

    Criminal penalties, Hazardous materials--transportation, 
Intergovernmental relations, Nuclear materials, Reporting and 
recordkeeping requirements, Security measures, Source material, Special 
nuclear material.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR parts 40, 72, 74, 75, and 150.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

    1. The authority citation for part 40 continues to read as follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, 
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 
97-415, 96 Stat. 2067 (42 U.S.C. 2022).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, Sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 
939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. In Sec. 40.64, paragraph (a) is revised to read as follows:


Sec. 40.64  Reports.

    (a) Except as specified in paragraphs (d) and (e) of this section, 
each specific licensee who transfers, receives, or adjusts the 
inventory, in any manner, of uranium or thorium source material of 
foreign origin by 1 kilogram or more or who imports or exports 1 
kilogram of uranium or thorium source material of any origin shall 
complete a Nuclear Material Transaction Report in computer-readable 
format in accordance with instructions (NUREG/BR-0006 and NMMSS Report 
D-24 ``Personal Computer Data Input for NRC Licensees''). Copies of the 
instructions may be obtained from the U.S. Nuclear Regulatory 
Commission, Division of Fuel Cycle Safety and Safeguards, Washington, 
DC 20555-0001. Each licensee who transfers the material shall submit a 
Nuclear Material Transaction Report in computer-readable format in 
accordance with instructions no later than the close of business the 
next working day. Each licensee who receives the material shall submit 
a Nuclear Material Transaction Report in computer-readable format in 
accordance with instructions within ten (10) days after the material is 
received. The Commission's copy of the report must be submitted to the 
address specified in the instructions. These prescribed computer-
readable forms replace the DOE/NRC Form 741 which has been previously 
submitted in paper form.
* * * * *

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    3. The authority citation for part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, Sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142(b) and 148 (c), 
(d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 
10162(b), 10168 (c), (d)). Section 72.46 also issued under sec. 189, 
68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 
2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 
145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). 
Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 
141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 
U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued 
under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 
Stat. 2252 (42 U.S.C. 10198).

    4. In Sec. 72.76, paragraph (a) is revised to read as follows:


Sec. 72.76  Material status reports.

    (a) Except as provided in paragraph (b) of this section, each 
licensee shall complete in computer-readable format and submit to the 
Commission a material status report in accordance with instructions 
(NUREG/BR-0007 and NMMSS Report D-24 ``Personal Computer Data Input for 
NRC Licensees''). Copies of these instructions may be obtained from the 
U.S. Nuclear Regulatory Commission, Division of Fuel Cycle Safety and 
Safeguards, Washington, DC 20555-0001. These reports provide 
information concerning the special nuclear material contained in the 
spent fuel possessed, received, transferred, disposed of, or lost by 
the licensee. Material status reports must be made as of March 31 and 
September 30 of each year and filed within 30 days after the end of the 
period covered by the report. The Commission may, when good cause is 
shown, permit a licensee to submit material status reports at other 
times. The Commission's copy of this report must be submitted to the 
address specified in the instructions. These prescribed computer-
readable forms replace the DOE/NRC Form 742 which has been previously 
submitted in paper form.
* * * * *
    5. Section 72.78 is revised to read as follows:


Sec. 72.78  Nuclear material transfer reports.

    (a) Except as provided in paragraph (b) of this section, whenever 
the licensee transfers or receives spent fuel, the licensee shall 
complete in computer-readable format a Nuclear Material Transaction 
Report in accordance with instructions (NUREG/BR-0006 and NMMSS Report 
D-24, ``Personal Computer Data Input for NRC Licensees''). Copies of 
these instructions may be obtained from the U.S. Nuclear Regulatory 
Commission, Division of Fuel Cycle Safety and Safeguards, Washington, 
DC 20555-0001. Each ISFSI licensee who receives spent fuel from a 
foreign source shall complete both the supplier's and receiver's 
portion of the Nuclear Material Transaction Report, verify the identity 
of the spent fuel, and indicate the results on the receiver's portion 
of the form. These prescribed computer-readable forms replace the DOE/
NRC Form 741 which has been previously submitted in paper form.
    (b) Any licensee who is required to submit Nuclear Material 
Transactions Reports pursuant to Sec. 75.34 of this chapter (pertaining 
to implementation of the US/IAEA Safeguards Agreement) shall prepare 
and submit the reports only as provided in that section instead of as 
provided in paragraph (a) of this section.

PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR 
MATERIAL

    6. The authority citation for part 74 continues to read as follows:

    Authority: Secs. 53, 57, 161, 182, 183, 68 Stat. 930, 932, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2073, 2077, 2201, 2232, 2233, 2282); secs. 201, as amended 202, 206, 
88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    7. In Sec. 74.13, paragraph (a)(1) is revised to read as follows:


Sec. 74.13  Material status reports.

    (a)(1) Each licensee authorized to possess at any one time and 
location special nuclear material in a quantity totaling more than 350 
grams of contained uranium-235, uranium-233, or plutonium, or any 
combination thereof, shall complete and submit in computer-readable 
format material balance reports concerning special nuclear material 
received, produced, possessed, transferred, consumed, disposed of, or 
lost by it. These prescribed computer-readable reports replace the DOE/
NRC Form 742 which has been previously submitted in paper form. Each 
nuclear reactor licensee, as defined in Secs. 50.21 and 50.22 of this 
chapter, also shall prepare in computer-readable format a statement of 
the composition of the ending inventory. The inventory composition 
report must be submitted with each material balance report. This 
prescribed computer-readable report replaces the DOE/NRC Form 742C 
which has been previously submitted in paper form. Each licensee shall 
prepare and submit the reports described in this paragraph in 
accordance with instructions (NUREG/BR-0007 and NMMSS Report D-24 
``Personal Computer Data Input for NRC Licensees''). Copies of these 
instructions may be obtained from the U.S. Nuclear Regulatory 
Commission, Division of Fuel Cycle Safety and Safeguards, Washington, 
DC 20555-0001. Each licensee shall compile a report as of March 31 and 
September 30 of each year and file it within 30 days after the end of 
the period covered by the report. The Commission may permit a licensee 
to submit the reports at other times when good cause is shown.
* * * * *
    8. Section 74.15 is revised to read as follows:


Sec. 74.15  Nuclear material transfer reports.

    (a) Each licensee who transfers and each licensee who receives 
special nuclear material shall complete in computer-readable format a 
Nuclear Material Transaction Report. This should be done in accordance 
with instructions whenever the licensee transfers or receives a 
quantity of special nuclear material of 1 gram or more of contained 
uranium-235, uranium-233, or plutonium. Copies of these instructions 
(NUREG/BR-0006 and NMMSS Report D-24 ``Personal Computer Data Input for 
NRC Licensees'') may be obtained from the U.S. Nuclear Regulatory 
Commission, Division of Fuel Cycle Safety and Safeguards, Washington, 
DC 20555-0001. This prescribed computer-readable format replaces the 
DOE/NRC Form 741 which has been previously submitted in paper form.
    (b) Each licensee who receives 1 gram or more of contained uranium-
235, uranium-233, or plutonium from a foreign source shall:
    (1) Complete in computer-readable format both the supplier's and 
receiver's portion of the Nuclear Material Transaction Report;
    (2) Perform independent tests to assure the accurate identification 
and measurement of the material received, including its weight and 
enrichment; and
    (3) Indicate the results of these tests on the receiver's portion 
of the form.
    (c) Any licensee who is required to submit inventory change reports 
pursuant to Sec. 75.34 of this chapter (pertaining to implementation of 
the US/International Atomic Energy Agency (IAEA) Safeguards Agreement) 
shall prepare and submit these reports only as provided in that section 
(instead of as provided in paragraphs (a) and (b) of this section).

PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA 
AGREEMENT

    9. The authority citation for part 75 continues to read as follows:

    Authority: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 
936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 
2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). 
Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425, 96 
Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

    10. Section 75.31 is revised to read as follows:


Sec. 75.31  General requirements.

    Each licensee who has been given notice by the Commission in 
writing that its installation has been identified under the Agreement 
shall make an initial inventory report in computer-readable format, and 
thereafter shall make accounting reports, with respect to such 
installation and, in addition, licensees who have been given notice, 
pursuant to Sec. 75.41, that their installations are subject to the 
application of IAEA safeguards, shall make the special reports 
described in Sec. 75.36. These reports must be based on the records 
kept in accordance with Sec. 75.21. At the request of the Commission, 
the licensee shall amplify or clarify any report with respect to any 
matter relevant to implementation of the Agreement. Any amplification 
or clarification must be in writing and must be submitted, to the 
address specified in the request, within twenty (20) days or other time 
as may be specified by the Commission.

    11. In Sec. 75.32, paragraph (b) is revised to read as follows:


Sec. 75.32  Initial inventory report.

* * * * *
    (b) The initial inventory report, to be submitted to the Commission 
in computer-readable format, in accordance with instructions (NUREG/BR-
0007 and NMMSS Report D-24 ``Personal Computer Data Input for NRC 
Licensees''), must show the quantities of nuclear material contained in 
or at an installation as of the initial inventory reporting date. The 
information in the initial inventory report may be based upon the 
licensee's book record.
* * * * *
    12. In Sec. 75.33, paragraph (a) is revised to read as follows:


Sec. 75.33  Accounting reports.

    (a)(1) The accounting reports for each IAEA material balance area 
must consist of
    (i) Computer-readable Nuclear Material Transaction Reports 
(Inventory Change Reports) and
    (ii) Computer-readable Material Balance Reports showing the 
material balance based on a physical inventory of nuclear material 
actually present.
    (2) These prescribed computer-readable forms replace the following 
forms which have been submitted in paper form:
    (i) The DOE/NRC Form 741; and
    (ii) The DOE/NRC Form 742.
* * * * *
    13. Section 75.34 is revised to read as follows:


Sec. 75.34  Inventory change reports.

    (a) Nuclear Material Transaction Reports (Inventory Change Reports) 
in computer-readable format to be completed in accordance with 
instructions (NUREG/BR-0006 and NMMSS Report D-24 ``Personal Computer 
Data Input for NRC Licensees''), must specify identification and batch 
data for each batch of nuclear material, the date of the inventory 
change, and, as appropriate,
    (1) The originating IAEA material balance area or the shipper; and
    (2) The receiving IAEA material balance area or the recipient.

Each licensee who receives special nuclear material from a foreign 
source shall complete both the supplier's and receiver's portion of the 
form.
    (b) Nuclear Material Transactions Reports (Inventory Change 
Reports), when appropriate, must be accompanied by computer-readable 
Concise Notes, completed in accordance with instructions (NUREG/BR-0006 
and NMMSS Report D-24 ``Personal Computer Data Input for NRC 
Licensees''). Copies of these instructions may be obtained from the 
U.S. Nuclear Regulatory Commission, Division of Fuel Cycle Safety and 
Safeguards, Washington, DC 20555-0001. This prescribed computer-
readable format replaces the DOE/NRC Form 740M which has been 
previously submitted in paper form. This Concise Note is used in:
    (1) Explaining the inventory changes on the basis of the operating 
records provided for under Sec. 75.23; and
    (2) Describing, to the extent specified in the license conditions, 
the anticipated operational program for the installation, including 
particularly, but not exclusively, the schedule for taking physical 
inventory.

    14. In Sec. 75.35, paragraph (a) is revised to read as follows:


Sec. 75.35  Material status reports.

    (a) A material status report must be submitted for each physical 
inventory which is taken as part of the material accounting and control 
procedures required by Sec. 75.21. The material status report must 
include a computer-readable Material Balance Report and a computer-
readable Physical Inventory Listing which lists all batches separately 
and specifies material identification and batch data for each batch. 
When appropriate, the material status report must be accompanied by a 
computer-readable Concise Note. The reports described in this section 
must be prepared and submitted in accordance with instructions (NUREG/
BR-0007, NUREG/BR-0006 and NMMSS Report D-24 ``Personal Computer Data 
Input for NRC Licensees''). Copies of these instructions may be 
obtained from the U.S. Nuclear Regulatory Commission, Division of Fuel 
Cycle Safety and Safeguards, Washington, DC 20555-0001. These 
prescribed computer-readable formats replace the DOE/NRC Forms 742, 
742C, and 740M which have been submitted in paper form.
* * * * *

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN 
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

    15. The authority citation for part 150 continues to read as 
follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as 
amended (42 U.S.C. 5841).
    Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. 
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 
150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 
2282).

    16. In Sec. 150.16, paragraph (a) is revised to read as follows:


Sec. 150.16  Submission to Commission of nuclear material transfer 
reports.

    (a) Each person who transfers and each person who receives special 
nuclear material pursuant to an Agreement State license shall complete 
and submit in computer-readable format Nuclear Material Transaction 
Reports in accordance with instructions (NUREG/BR-0006 and NMMSS Report 
D-24 ``Personal Computer Data Input for NRC Licensees'') whenever 
transferring or receiving a quantity of special nuclear material of 1 
gram or more of contained uranium-235, uranium-233, or plutonium. Each 
person who transfers this material shall submit in accordance with 
instructions the computer-readable format promptly after the transfer 
takes place. Each person who receives special nuclear material shall 
submit in accordance with instructions the computer-readable format 
within ten (10) days after the special nuclear material is received. 
Copies of the instructions may be obtained from the U.S. Nuclear 
Regulatory Commission, Division of Fuel Cycle Safety and Safeguards, 
Washington, DC 20555-0001. These prescribed computer-readable formats 
replace the DOE/NRC Form 741 which have been previously submitted in 
paper form.
* * * * *
    17. In Sec. 150.17, paragraph (a) is revised to read as follows:


Sec. 150.17  Submission to Commission of source material reports.

    (a) Except as specified in paragraph (d) of this section and 
Sec. 150.17a, each person who, pursuant to an Agreement State specific 
license, transfers or receives or adjusts the inventory in any manner 
by 1 kilogram or more of uranium or thorium source material of foreign 
origin or who imports 1 kilogram or more of uranium or thorium source 
material of any origin shall complete and submit in computer-readable 
format Nuclear Material Transaction Reports in accordance with 
instructions (NUREG/BR-0006 and NMMSS Report D-24 ``Personal Computer 
Data Input for NRC Licensees''). Copies of the instructions may be 
obtained from the U.S. Nuclear Regulatory Commission, Division of Fuel 
Cycle Safety and Safeguards, Washington, DC 20555-0001. Each person who 
receives the material shall submit in accordance with instructions the 
computer-readable format within ten (10) days after the material is 
received.
* * * * *
    Dated at Rockville, MD, this 7th day of July, 1994.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Acting Secretary of the Commission.
[FR Doc. 94-16941 Filed 7-12-94; 8:45 am]
BILLING CODE 7590-01-P