**SUPPORTING STATEMENT**

**U.S. Department of Commerce**

**Bureau of Industry and Security**

> **Additional Protocol to the U.S.-IAEA Safeguards**
>
> **Agreement Report Forms**

**OMB CONTROL NO. 0694-XXXX**

In accordance with Title 44, Chapter 35, Section 3509, Public Printing
and Documents, the Department of Commerce (DOC) hereby requests to be
designated as central collection agency for this joint information
collection. The information under this statement will be collected by
the DOC under the new Additional Protocol Regulations (15 CFR Parts 781
through 799) and by the Nuclear Regulatory Commission (NRC) via
amendment to NRC's Safeguards on Nuclear Material-Implementation of
U.S./IAEA Agreement (10 CFR Part 75) and Export and Import of Nuclear
Equipment and Material (10 CFR Part 110) (herein after referred to as
NRC Regulations). DOC and the NRC have a Memorandum of Agreement (MOA)
that provides for the development for the required forms under this
collection.

**[Description of the Information Collection]{.underline}**

The Protocol Additional to the Agreement Between the United States of
America and the International Atomic Energy Agency for the Application
of Safeguards in the United States of America (hereinafter referred to
as the "Additional Protocol," "Protocol," or "AP") was developed to
strengthen existing verification agreements established under the
International Atomic Energy Agency (IAEA) safeguards regime and to
promote the non-proliferation of nuclear weapons, which is a cornerstone
of U.S. foreign and national security policy. The U.S. Additional
Protocol requires the United States to *declare* to the IAEA a number of
commercial nuclear and nuclear-related items, materials, and activities
that may be used for peaceful nuclear purposes, but also would be
necessary elements for a nuclear weapons program.

The declaration submitted under the Additional Protocol will provide the
IAEA with information about additional aspects of the U.S. commercial
nuclear fuel cycle, including:

mining and milling of nuclear materials;

> buildings on sites of facilities selected by the IAEA from the U.S.
> Eligible Facilities List;
>
> nuclear-related equipment manufacturing, assembly, or construction;
> import and export of nuclear and nuclear-related items and materials;
>
> research and development not involving nuclear material; and
>
> other nuclear material activities not currently subject to the
> U.S.-IAEA Safeguards Agreement.

The Protocol also expands IAEA access to locations where these
activities occur.

United States implementation of the Protocol will be an interagency
collaboration involving the Departments of Commerce, Defense, Energy,
Justice and State, the Nuclear Regulatory Commission (NRC), the
intelligence community and the National Security Counsel. The U.S.
declaration submitted to the IAEA will contain aggregate data submitted
by several government agencies in fulfillment of specific agency
obligations under the Protocol. All implementing agencies will review
and approve the U.S. declaration prior to its submission to the IAEA.
The DOC will manage the aggregation of the agency declaration
submissions and the vetting and approval of the U.S. declaration for
Congressional review and submission to the IAEA.

This information collection addresses the time and cost burdens
[only]{.underline} for the implementing responsibilities of the DOC and
NRC for collecting data from the public. See the Department of Energy's
Directive DOE 0 142.2A, Voluntary Offer Safeguards Agreement and
Additional Protocol with the International Atomic Energy Agency and the
Department of Defense's Defense Federal Acquisition Regulations System
for information on implementing responsibilities for these two agencies.

**A. JUSTIFICATION**

1.  **[Explain the circumstances that make the collection of information
    necessary.]{.underline}**

The U.S. Additional Protocol was signed by the United States in Vienna
on June 12, 1998, and the President transmitted it to the United States
Senate on May 9, 2002, for its advice and consent to ratification. The
U.S. Senate provided its advice and consent to ratification on March 31,
2004. The President signed the Additional Protocol Implementation Act
(Title II of Public Law 109-401) into law on December 18, 2006 and
Executive Order (EO) 13458 on February 4, 2008. The EO designates DOC as
the lead agency responsible for collecting data from the commercial
nuclear industry and other U.S. persons, except those activities or
locations subject to the regulatory jurisdiction of the NRC, in order to
comply with the U.S. Additional Protocol. The EO also designates the NRC
as lead agency responsible for collecting data as required under the AP
from those persons, locations and sites subject to its licensing
jurisdiction. Finally, the President signed National Security Policy
Directive 57on February 4, 2008, that provides for more specific agency
responsibilities, which, in addition to the responsibilities under the
EO, designated DOC as the lead agency responsible for managing the
collection and aggregation of interagency declarations to compile the
U.S. AP declaration for submission to the IAEA.

The DOC will publish the Additional Protocol Regulations (15 CFR Parts
781 through 799) as a notice of proposed rulemaking and will request
comments from the public. The Nuclear Regulatory Commission (NRC) will
publish revisions to the applicable NRC regulations (10 CFR Parts 75 and
110) as a direct rule.

Under an existing MOA with the NRC, the DOC's Bureau of Industry and
Security (BIS) developed handbooks and report forms for collecting
information from the commercial nuclear industry, other U.S. persons,
and NRC and Agreement State licensees for the U.S. to comply with its AP
commitments. DOC will be the centralized point of submission of report
forms from the public subject to the DOC proposed AP Regulations, the
NRC Regulations or to both regulations.

Initial reports must be submitted to DOC within 45 days of the
publication of a final rule establishing the AP. Annual reports must be
submitted to DOC by January 31st of the year following any year in which
the nuclear fuel cycle-related activities took place or in which there
were changes to previously reported activities. All U.S. persons must
contact DOC or NRC within 30 days after starting any fuel cycle-related
activities reportable pursuant to DOC or NRC regulations for
instructions regarding the submittal of an initial or amended report
outside of the above mentioned time frames.

There are two separate handbooks and related forms for collecting
information from the public for implementing the Protocol. The first
handbook is for locations and the second is for sites of IAEA-Selected
Facilities. The below tables describes each form, including the form
number, a brief description of the information to be collected on the
form, and the correlation to the specific sub-article of the Protocol.

[Handbook for locations and related forms]{.underline}:

+--------+-----------------------------------------------+------------+
| FORM   | DESCRIPTION OF INFORMATION COLLECTED ON FORM  | S          |
|        |                                               | UB-ARTICLE |
+--------+-----------------------------------------------+------------+
|        |                                               |            |
+--------+-----------------------------------------------+------------+
| AP-1   | Certification                                 | > n/a      |
+--------+-----------------------------------------------+------------+
| AP-2   | Contact Information                           | > n/a      |
+--------+-----------------------------------------------+------------+
| AP-3   | Research and Development with U.S. Government | > 2.a.i    |
|        | (USG) Involvement                             |            |
+--------+-----------------------------------------------+------------+
| AP-4   | Research and Development without U.S.         | > 2.b.i    |
|        | Government Involvement                        |            |
+--------+-----------------------------------------------+------------+
| AP-5   | Nuclear-related manufacturing, assembly and   | > 2.a.iv   |
|        | construction activities                       |            |
+--------+-----------------------------------------------+------------+
| AP-6   | Information on uranium hard rock mines        | > 2.a.v    |
+--------+-----------------------------------------------+------------+
| AP-7   | Information on concentration plants           | > 2.a.v    |
+--------+-----------------------------------------------+------------+
| AP-8   | Holdings of impure source materials           | > 2.a.vi.a |
+--------+-----------------------------------------------+------------+
| AP-9   | Imports and exports of impure source          | > 2.a.vi.c |
|        | materials                                     |            |
+--------+-----------------------------------------------+------------+
| AP-10  | Holdings of safeguards-exempted materials     | > 2        |
|        |                                               | .a.vii.a&b |
+--------+-----------------------------------------------+------------+
| AP-11  | Location of safeguards-terminated materials   | > 2.a.viii |
+--------+-----------------------------------------------+------------+
| AP-12  | Processing of safeguards-terminated waste     | > 2.a.viii |
|        | materials                                     |            |
+--------+-----------------------------------------------+------------+
| AP-13  | Exports of specified equipment and            | > 2.a.ix.a |
|        | non-nuclear material                          |            |
+--------+-----------------------------------------------+------------+
| AP-14  | Imports of specified equipment and            | > 2.a.ix.b |
|        | non-nuclear material                          |            |
+--------+-----------------------------------------------+------------+
| AP-15  | Supplemental information report               | > 2.b.ii & |
|        |                                               | > 2.c      |
+--------+-----------------------------------------------+------------+
| AP-16  | Continuation                                  | > n/a      |
+--------+-----------------------------------------------+------------+
| AP-17  | No Changes Report                             | > 3.b      |
+--------+-----------------------------------------------+------------+

[Handbook for Sites of IAEA-Selected Facilities and related
forms]{.underline}:

+-------+---+------------------------------------------------+---+------------+
| FORM  |   | DESCRIPTION OF INFORMATION COLLECTED ON FORM   |   | S          |
|       |   |                                                |   | UB-ARTICLE |
+-------+---+------------------------------------------------+---+------------+
|       |   |                                                |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-A  |   | Certification                                  |   | > n/a      |
+-------+---+------------------------------------------------+---+------------+
| AP-B  |   | Contact Information                            |   | > n/a      |
+-------+---+------------------------------------------------+---+------------+
| AP-C  | B |                                                | > |            |
|       | u |                                                |   |            |
|       | i |                                                | 2 |            |
|       | l |                                                | . |            |
|       | d |                                                | a |            |
|       | i |                                                | . |            |
|       | n |                                                | i |            |
|       | g |                                                | i |            |
|       | i |                                                | i |            |
|       | n |                                                |   |            |
|       | f |                                                |   |            |
|       | o |                                                |   |            |
|       | r |                                                |   |            |
|       | m |                                                |   |            |
|       | a |                                                |   |            |
|       | t |                                                |   |            |
|       | i |                                                |   |            |
|       | o |                                                |   |            |
|       | n |                                                |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-D  |   | Research and Development with U.S. Government  |   | > 2.a.i    |
|       |   | Involvement                                    |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-E  |   | Research and Development without U.S.          |   | > 2.b.i    |
|       |   | Government Involvement                         |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-F  |   | Nuclear-related manufacturing, assembly and    |   | > 2.a.iv   |
|       |   | construction activities                        |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-G  |   | Information on concentration plants            |   | > 2.a.v    |
+-------+---+------------------------------------------------+---+------------+
| AP-H  |   | Holdings of impure source materials            |   | > 2.a.vi.a |
+-------+---+------------------------------------------------+---+------------+
| AP-I  |   | Imports and exports of impure source materials |   | > 2.a.vi.c |
+-------+---+------------------------------------------------+---+------------+
| AP-J  |   | Holdings of safeguards-exempted materials      |   | > 2        |
|       |   |                                                |   | .a.vii.a&b |
+-------+---+------------------------------------------------+---+------------+
| AP-K  |   | Location of safeguards-terminated materials    |   | > 2.a.viii |
+-------+---+------------------------------------------------+---+------------+
| AP-L  |   | Processing of safeguards-terminated waste      |   | > 2.a.viii |
|       |   | materials                                      |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-M  |   | Exports of specified equipment and non-nuclear |   | > 2.a.ix.a |
|       |   | material                                       |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-N  |   | Imports of specified equipment and non-nuclear |   | > 2.a.ix.b |
|       |   | material                                       |   |            |
+-------+---+------------------------------------------------+---+------------+
| AP-O  |   | Supplemental information report                |   | > 2.b.ii & |
|       |   |                                                |   | > 2.c      |
+-------+---+------------------------------------------------+---+------------+
| AP-P  |   | Continuation                                   |   | > n/a      |
+-------+---+------------------------------------------------+---+------------+
| AP-Q  |   | No Changes Report                              |   | > 3.b.     |
+-------+---+------------------------------------------------+---+------------+

[Information required by Protocol sub-article]{.underline}:

  ----------------- -----------------------------------------------------
  Sub-article       Information Required to be Declared to the IAEA

  2.a.i             [Research and development activities with U.S.
                    Government involvement]{.underline} -- General
                    description of activity and location information for:
                    [not]{.underline} involving nuclear materials,
                    regardless of whether or not they are funded,
                    specifically authorized or controlled by, or carried
                    out on behalf of, the United States. Specific
                    information that must be provided for U.S. locations
                    includes general activity description and location
                    information.

  2.a.iii           [Site building information]{.underline} \-- General
                    description of each building on each site, including
                    its use and, if not apparent from that description,
                    its contents. A map of the site is required. This
                    information will be for sites of facilities selected
                    by the IAEA for the application of safeguards from
                    the U.S. 'Eligible Facilities List' for which a
                    design information questionnaire has previously been
                    submitted.

  2.a.iv            [Manufacturing activities]{.underline} \--
                    Description of the scale of operations for each
                    location involved in the manufacturing activities
                    specified and listed in detail in Annex I of the AP
                    (e.g., manufacture of centrifuge rotor tubes,
                    diffusion barriers, zirconium tubes, nuclear grade
                    graphite, and reactor control rods). This information
                    includes the company or U.S. person's name, location,
                    a brief description of operations, the estimated
                    production capacity, and the production for the
                    reporting time period.

  2.a.v             [Uranium mines and concentration plants and thorium
                    concentration plants]{.underline} -- Identification
                    of location, operational status and estimated annual
                    production capacity of uranium mines and
                    concentration plants and thorium concentration
                    plants, the current annual production of such mines
                    and concentration plants for the U.S. as a whole.
                    Upon request by the IAEA, the current annual
                    production of an individual mine or concentration
                    plant. However, provision of this information does
                    not require detailed nuclear material accountancy.

  2.a.vi.(a)        [Holdings of Impure Source Material]{.underline} \--
                    Chemical composition, quantity, use, description of
                    intended use of such material, and building or room
                    where material is held for each location.

  2.a.vi.(b).and    [Exports and Imports of Impure Source
  (c)               Material]{.underline} \-- Chemical composition,
                    quantity, intended use of such material for each
                    location, the date of each export from the U.S. and
                    the destination/country of import, the date of import
                    into the U.S., the country of export, the current
                    location and intended use of each import into the
                    U.S. of such material for specifically non-nuclear
                    purposes

  2.a.vii(a) and    [Holdings of Safeguards-Exempted
  (b)               Materials]{.underline} -- Quantity, use and location
                    of nuclear material exempted from safeguards pursuant
                    to Articles 36(b) and 37 of the Safeguards Agreement.
                    Note that there is currently no nuclear material in
                    the U.S. that has been exempted from IAEA safeguards.

  2.a.viii          [Location of Safeguards--Terminated Waste
                    Material]{.underline} \-- Location of further
                    processing of intermediate or high-level waste
                    containing plutonium, high enriched uranium or
                    uranium-233 on which safeguards have been terminated
                    pursuant to Article 11 of the Safeguards Agreement.
                    Note that there is currently no high-level waste, as
                    defined, in the U.S. on which IAEA safeguards have
                    been terminated.

  2.a.ix(a)         [Exports]{.underline} \-- Each export out of the U.S.
                    of specified equipment and non-nuclear material,
                    including the identity, quantity, location of
                    intended use in the receiving State and date or, as
                    appropriate, expected date, of export must be
                    declared on a quarterly basis.

  2.a.ix(b)         [Imports]{.underline} -- Upon receipt of a request
                    from the IAEA, an import of equipment or non-nuclear
                    material covered in Annex II of the AP (List of
                    Specified Equipment and Non-Nuclear Material for the
                    Reporting of Imports) must be declared for
                    information to verify imports.

  2.b.i.            [Research and development activities without U.S.
                    Government involvement]{.underline} \-- Research and
                    development activities not involving nuclear material
                    and funded and conducted by non-government entities.
                    Specific information that must be provided for U.S.
                    locations includes general activity description and
                    location information.
  ----------------- -----------------------------------------------------

**2. [Explain how, by whom, how frequently, and for what purpose the
information will be used. If the information collected will be
disseminated to the public or used to support information that will be
disseminated to the public, then explain how the collection complies
with all applicable Information Quality Guidelines]{.underline}.**

The United States will submit an initial declaration to the IAEA within
180 days after the President has deposited the instrument of
ratification with the United Nations. Thereafter, the United States will
submit annual declarations to the IAEA, quarterly declarations on
exports of nuclear and nuclear-related equipment and materials, and
amended declarations thereto. Upon request by the IAEA, the United
States will submit additional information to resolve a question or
inconsistency with the U.S. declaration.

The DOC and NRC will collect reports from the public pursuant to the DOC
proposed AP Regulations and the NRC Regulations, respectively, in order
to obtain the necessary information to compile the U.S. declaration.
Under a draft MOA with the NRC, Commerce will receive reports on behalf
of the NRC and Agreement State licensees, pursuant to NRC regulations.

The Section 515 Information Quality Guidelines apply to this information
collection and comply with all applicable information quality guidelines
(i.e., OMB, Department of Commerce, and specific operating unit
guidelines.)

**3. [Describe whether, and to what extent, the collection of
information involves the use of automated, electronic, mechanical, or
other technological techniques or other forms of information
technology]{.underline}.**

The report forms will be available in portable document format (PDF) and
can be printed and submitted, or information can be directly entered
onto the forms, printed, and submitted. DOC may also deploy a joint
DOC-NRC website, [www.ap.gov]{.underline} that will contain the PDF data
enterable forms.

DOC's Exhibit 300 entitled \"Bureau of Industry and Security, Treaty
Compliance Division (TCD) - Network (TCDNet), addresses the information
technology investment for implementing the Additional Protocol (UPI
Code: 006-30-01-25-02-5502-00).

DOC began developing an Internet-based information collection system for
industry to use to submit reports electronically. However, due to severe
budgetary crisis over the last two fiscal years, DOC has been unable to
complete the Internet-based system for collecting reports from the
public.

**4. [Describe efforts to identify duplication]{.underline}.**

The Additional Protocol requires that additional information, beyond
that which is currently being collected pursuant to the U.S.-IAEA
Safeguards Agreement, be declared to the IAEA. The 'total' information
required for U.S. compliance with the Additional Protocol, as to be
collected under DOC's proposed AP Regulations and NRC Regulations, has
not been previously obtained from the public. It is determined,
therefore, that this is not a significant duplication of information
necessary for implementing the Protocol. However, there is certain
information collected, as described below, but this information is not
sufficient to comply with specific Protocol requirements.

1.  Under the Safeguards Agreement, NRC collects information regarding
    buildings on sites of IAEA-Selected Facilities in applications for
    NRC licenses, but this information will not fully meet the Article
    2.a(iii) reporting requirement. The information collected and
    contained in the design information questionnaire (DIQ) relates to
    only the building where the nuclear material is located, whereas the
    Additional Protocol requires information to be declared on every
    building on the site of the IAEA-Selected Facility, including a
    detailed map of the site, and the use of the building and its
    content.

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2.  NRC and the Department of Energy (DOE) collect certain information
    on nuclear material from the public, including NRC and Agreement
    State licensees. DOE's Energy Information Administration (EIA)
    administers a survey to collect statistical data on the U.S. uranium
    industry. The data includes pounds of uranium ore concentrate
    produced on an annual and quarterly basis as well as number of
    operating and standby mills, concentration plants and by-product
    recovery plants. This information is not fully sufficient to comply
    with the requirements of Article 2.a(v) of the Additional Protocol
    because the EIA survey only captures the total operational and
    standby domestic mining activities and the Additional Protocol
    requires information on permanently closed down mines. NRC only
    licenses "in-situ" leach facilities and does not collect information
    on open pit or underground (deep mining) facilities. Finally, most
    mines, mills and concentration plants are located in Agreement
    States and report directly to the Agreement State. This information
    is collected at the state level and is not directly available to the
    U.S. government.

> Department of Labor's Mine Safety and Health Administration (MSHA)
> administers the provisions of the Federal Mine Safety and Health Act
> of 1977 (Mine Act) to enforce compliance with mandatory safety and
> health standards as a means to eliminate fatal accidents; to reduce
> the frequency and severity of nonfatal accidents; to minimize health
> hazards; and to promote improved safety and health conditions in the
> nation\'s mines. MSHA carries out the mandates of the Mine Act at all
> mining and mineral processing operations in the United States,
> regardless of size, number of employees, commodity mined, or method of
> extraction. MSHA gathers information (i.e., company name, mine name,
> address, operational status) from the mining industry on a quarterly
> basis. This information is not sufficient to satisfy the information
> needed for Article 2.a(v) of the AP because it does not include mines
> whose operational status was designated as abandoned, decommissioned,
> or under environmental restoration (e.g., mining operations that are
> shut down and personnel and infrastructure are not in place to resume
> mining activities)

3 NRC collects information on the inventories of source materials
(depleted uranium, natural uranium and thorium) to which foreign
obligations have been assigned. Source material without foreign
obligations may be transferred between facilities, which are required
under the Protocol. This information is, therefore, not sufficient to
satisfy the information required under Article 2.a.(vi) of the Protocol.

4 There is currently no information collected from the public regarding
research and development (R&D) on nuclear fuel cycle activities not
involving nuclear material (e.g., development of enrichment technology)
that is not funded by the U.S. government. Most U.S. government funding
for fuel cycle-related R&D is provided by the DOE's, Office of Nuclear
Energy, however, NRC's Office of Research also funds some activities.
The information collected by DOE and NRC on R&D activities will not
fully meet the Article 2.a(i) and 2.b(ii) reporting requirements.

**5. [If the collection of information involves small businesses or
other small entities, describe the methods used to minimize
burden]{.underline}.**

DOC and NRC are sensitive to the needs of small businesses; however this
collection must be conducted to ensure the United States is in full
compliance with its obligations under the Additional Protocol. This
procedure, as will be conducted under the proposed AP Regulations and
NRC's Regulations for Safeguards on Nuclear Material-Implementation of
U.S./IAEA Agreement, is governed by national security, foreign policy
and proliferation of weapons of mass destruction requirements.

Respondents will consist of government, small businesses, academic
institutions, private company contractors, and other private entities.
To minimize the burden on small businesses and other small
organizations, the AP Report forms have been developed to only collect
the minimum amount of information necessary from the public for the U.S.
to comply with its AP treaty requirements. In addition, DOC and NRC plan
to provide outreach to the public through seminars and published
documents, providing pertinent information on the impending
implementation of the Additional Protocol. These efforts will
familiarize the public with the Additional Protocol and assist their
understanding and compliance with the DOC and NRC Additional Protocol
requirements.

**6. [Describe the consequences to the Federal program or policy
activities if the collection is not conducted or is conducted less
frequently]{.underline}.**

Article 3 of the Additional Protocol requires the United States to
submit initial, annual, and quarterly declarations for all public and
private entities engaged in certain commercial nuclear fuel cycle
related activities. If the requested collections are made less
frequently or not at all, the United States will not be able to meets
its reporting obligations and will then be in technical non-compliance
with the requirements of the Additional Protocol, an international
treaty that has the force of law. Also the President's policy objectives
would be in jeopardy if this collection is not conducted, as enumerated
in National Security Strategy of the U.S. of America of 2006.

**7. [Explain any special circumstances that require the collection to
be conducted in a manner inconsistent with OMB
guidelines]{.underline}.**

There are no special circumstances that require the collection to be
conducted in a manner inconsistent with OMB guidelines.

**8. [Provide a copy of the PRA Federal Register notice that solicited
public comments on the information collection prior to this submission.
Summarize the public comments received in response to that notice and
describe the actions taken by the agency in response to those
comments]{.underline}.** **[Describe the efforts to consult with persons
outside the agency to obtain their views on the availability of data,
frequency of collection, the clarity of instructions and recordkeeping,
disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported]{.underline}.**

The proposed rulemaking soliciting public comments was published on July
25, 2008 (Vol. 73, pg. 43568).

DOC and NRC held preliminary meetings with representatives from the
Nuclear Energy Institute (NEI) to discuss the potential impact of
anticipated DOC and NRC regulations (pursuant to the AP) on the U.S.
commercial nuclear industry. NEI representatives were able to give very
rough parameters of the types of companies and organizations that
potentially would and would not be affected by implementation of the AP.

After these meetings, however, it was determined that a more targeted
survey needed to be conducted to identify the number of possible
entities that will be impacted by implementing the AP through
promulgating DOC's proposed notice of advanced rule making and amending
NRC's regulations.

The starting basis for developing the list of recipients of the survey
was through three publications:

1.  Dynmeridian report of June 15, 2000, on the "Cost Estimates for
    Implementation of the Additional Protocol to the U.S.-IAEA
    Safeguards Agreement;"

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2.  EIA's report of May 2003, on the "Uranium Industry Annual 2002;"

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3.  Lawrence Livermore National Laboratory report of October 2003, on
    the "Survey of Potentially Declarable Activities on Nuclear Fuel
    Cycle Related Research and Development under Article 2 of the U.S.
    Additional Protocol -- A Preliminary Report."

The survey was conducted by DOC's Office of Strategic Industries and
Economic Security (SIES), within the DOC, to get the best estimate
possible (next to an actual data collection of the entire population) of
the number of U.S. companies, organizations and other U.S. persons that
will potentially have reporting requirements under the AP. This study,
along with reviews conducted by the NRC on activities conducted by its
licensees, indicated that potentially 119 locations and 10 sites of
IAEA-Selected Facilities from the U.S. Eligible Facilities List licensed
by the NRC will have reporting requirements pursuant to DOC and NRC
regulations under the AP.

In order to assess the time and cost burden to the public associated
with completing the AP report forms, DOC sent a letter requesting time
estimates from nine pre-selected companies and organizations. The letter
included a handbook containing background information on the AP and the
anticipated reporting requirements, as well as the draft AP report
forms, with detailed instructions, definitions and supplements to aid in
the completion of the forms, as appropriate (one handbook and set of
forms is for commercial nuclear industry and other U.S. persons with
reportable locations, and the other handbook and set of report forms is
for sites of U.S. facilities selected by the IAEA from the U.S. Eligible
Facilities List). The respondents were also encouraged to provide any
comments or suggestions resulting from their review of the draft forms
and handbook. Of the nine pre-selected companies and organizations, only
seven responded to the time estimate request.

In addition, a Notice of Inquiry (FR Doc. 02-29513) was published in the
Federal Register on November 20, 2002, requesting information to
estimate the potential impact that implementing the Additional Protocol
will have on the public and to gain a better understanding of the
universe of locations that may be affected by implementation, when the
Additional Protocol enter into effect. Comments to this Notice of
Inquiry were received from the Nuclear Energy Institute (NEI) and one
company, USEC, Inc.

Representatives from NEI commented that, "NEI does not foresee
significant burdens on industry from ratification and imposition of the
U.S. Additional Protocol ... Increased burdens can be expected for such
agencies in extracting and reporting required information to the
Department of Commerce and for entities engaged in nuclear research and
development." Regarding impact on uranium and thorium mines and mills,
the NEI commented that, "NEI, foresees...a minor impact on uranium
licensees to slightly broaden annual EIA filings to include mine or mill
throughput capacity," and also noted that, "NEI foresees the largest
impact of protocol implementation on the Research and Development
Activities area of the fuel cycle. Information on such research
activities has not, to the best of our knowledge, ever been tabulated by
the U.S. government."

USEC representatives commented that, "Pending answers to our questions,
enactment of implementing legislation and promulgation of implementing
regulations, USEC is not able to reach conclusions regarding the extent
to which the Additional Protocol may compromise the protection of
confidential business information or Restricted Data. Nor is it able, at
this time, to estimate the cost of compliance with the data submission
and other requirements of the Additional Protocol."

**9. [Explain any decisions to provide payments or gifts to respondents,
other than remuneration of contractors or grantees]{.underline}.**

There are no plans to provide payments or gifts to respondents.

**10. [Describe any assurance of confidentiality provided to respondents
and the basis for assurance in statute, regulation, or agency
policy]{.underline}.**

Article 15 of the AP protects confidential business information (CBI) by
mandating that the IAEA maintain a stringent regime to ensure effective
protection against disclosure of commercial, technological and
industrial secrets. In addition to the national security exclusion,

the U.S. Additional Protocol includes all the protections for
commercially sensitive information contained in the Model Protocol. For
example:

1.  Information on nuclear R&D activities that must be declared to the
    IAEA is limited to location and general description and does not
    include details or results;

2.  Similarly, the required information on nuclear-related manufacturing
    is also limited to location and the scale of operation without
    details;

3.  Access is designed to be infrequent;

4.  Inspection activities are limited and relevant to detection of
    undeclared nuclear material and activities;

5.  Unlike the Chemical Weapons Convention, no other state to request
    access in the United States under the Additional Protocol.

6.  The IAEA is required to maintain a stringent regime for protection
    against disclosure of commercial, technological and industrial
    confidential information, and the regime is subject to periodic
    review and approval by the United States and other Board members;

7.  Only those individuals to whom the United States agrees may be
    assigned by the IAEA to conduct inspections in the United States
    under the U.S. safeguards agreement or for access under the U.S.
    Additional Protocol;

8.  Whenever requested by the United States, managed access arrangements
    must be used to prevent disclosure of proliferation sensitive
    information, or proprietary or commercially sensitive information;

9.  Both the IAEA and its officers or employees may be subject to legal
    process in the event of unauthorized disclosure of confidential
    information. The IAEA can withdraw immunity of inspectors in cases
    of abuse.

The United States Additional Protocol Implementation Act exempts
information reported to, or otherwise acquired by, the U.S. government
pursuant to the AP from disclosure through a Freedom of Information Act
(FOIA) request (5 USC 552). This FOIA exemption will ensure additional
protection against any unauthorized release of information. In addition,
complementary access to locations and sites in the United States will be
conducted consistent with the Fourth Amendment to the U.S. Constitution.

In addition, the DOC or NRC Host Team facilitating the inspection will
implement managed access measures, if applicable, as described under the
DOC proposed AP Regulations and NRC's Regulations on Safeguards on
Nuclear Material-Implementation of U.S./IAEA Agreement. These include
actions to prevent the dissemination of sensitive information (e.g.,
removal of sensitive papers from office spaces; shrouding of sensitive
displays, stores and equipment; and logging off computer systems and
turning off data indicating devices).

As stated in Section 221 of the United States Additional Protocol
Implementation Act, in the event of a complementary access to a
privately owned or operated facility, no employees from Environmental
Protection Agency (EPA), Mine Safety and Health Administration (MSHA),
or Occupational Safety and Health Administration (OSHA) may participate
in the access. In the case of access to a federal facility, accompanying
officials from other government agencies (i.e., OSHA or EPA) cannot
conduct a concomitant inspection to ensure compliance with the given
agency's regulations or issue citations and/or fines based on
non-compliance with those regulations.

Finally, information submitted by the public to the DOC or NRC is
protected from release to the public under Section 231 of the United
States Additional Protocol Implementation Act.

**11. [Provide additional justification for any questions of a sensitive
nature, such as sexual behavior and attitudes, religious beliefs, and
other matters that are commonly considered private]{.underline}.**

There are no questions of a sensitive nature.

**12. [Provide an estimate in hours of the burden of the collection of
information]{.underline}.**

The approximate aggregate total burden for this joint DOC-NRC
information collection is 3,357 hours at a cost of \$130,425. The
estimated burden hours and costs are described below in three sections,
including AP report handbooks and forms (joint DOC-NRC), and
complementary access and compliance review of locations (DOC only). The
summary for each of the three sections include:

1.  *Joint report forms* \-- 2,161 total estimated burden hours at a
    cost of \$96,467.

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2.  *DOC only complementary access* -- 1,153 total estimated burden
    hours per complementary access at a cost of \$32,070.

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3.  *DOC only compliance reviews* -- 43 total estimated burden hours at
    a cost of \$1,897.

[AP Report Handbooks and Forms (Joint DOC and NRC
collection)]{.underline}

> It is estimated that 129 locations and sites will submit reports and
> forms. The aggregate estimate burden for the first-year for submitting
> reports by persons and locations under DOC's proposed AP Regulations
> and NRC's Regulations and by sites under NRC's regulations is 2,161
> total hours and a cost \$96,467.
>
> Below are the two handbooks and related burden hours for the reporting
> requirements of the Additional Protocol. See Question 1 above for a
> listing of each form in the two handbooks and the information required
> on each form.

1.  Report Handbook for Locations -- Joint DOC and NRC forms for persons
    and locations with reportable activities. The approximate total
    burden hours is 840 hours for respondents representing locations
    where reportable activities.

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```
2.  Report Handbook for Sites of IAEA-Selected Facilities -- NRC forms
    for sites of IAEA-selected facilities with reportable activities.
    The approximate total burden hours is 1,321 hours for respondents
    representing sites of IAEA-selected facilities.

> To develop the estimate for the burden hours for the draft AP report
> forms, DOC conducted an informal survey of nine companies to ascertain
> an estimated time for completing each of the AP report forms. The
> companies were instructed to include in their time estimates the time
> necessary to complete the form, the time needed to gather the
> information, and the time needed for review by attorneys, accountants,
> managers, etc. Each company was requested to only complete those draft
> forms relevant to their activities; therefore, there are not time
> estimates for all of the forms. Seven of the nine companies responded
> to the informal survey.
>
> The estimated time for completing the draft AP report forms, as
> provided by the seven companies, is outlined in Table 1. The burden
> hours varied widely, mostly due to whether the respondent represented
> a location or a site, the pre-existence of reportable information in a
> company database, the size of the location (i.e., number of
> rooms/buildings for each location), and the scope of the reportable
> activities (the number of AP-related activities the location is
> engaged in). For example, one company estimated it will have to only
> submit three forms (Forms AP-1, AP-2 and AP-5) and anticipated a
> burden of 45 minutes. Another much larger company reporting for a site
> estimated the time burden will be much larger because of the
> requirement to submit a separate form for every building on the site.
> This company estimated it will have to need to submit at least 75
> forms (Form AP-C), one for each building on its site, and estimated
> 195 potential burden hours to prepare and submit the necessary forms
> for the site.

As noted in Question 8 above, the DOC's SIES conducted a mandatory
survey to gather information on activities relating the U.S. commercial
nuclear fuel cycle-related industry that would be affected by the
Additional Protocol. DOC received responses from 166
companies/organizations, of which 119 indicated that they were currently
engaged in, or have conducted in the past 5 years, activities that may
be reportable under the Protocol.

*Estimated Burden Hours for Locations* -- Five locations submitted
information on the report forms under the SEIS survey for an estimated
840 total burden hours. This estimate is based upon the sum of the
estimated number of draft forms submitted by the respondents for each
activity multiplied by the estimated average number of hours to complete
each type of report form, based on the average of the time estimates for
completing the draft AP report forms as provided by companies that
responded to the survey.

*Estimated Burden Hours for Sites* -- Two sites submitted information on
the report forms under the SEIS survey for an estimated 1,321 total
burden hours. There are currently only 10 sites regulated by the NRC in
the U.S. that are on the U.S. Eligible Facilities List that have been
selected for IAEA safeguards activities. This estimate is based upon the
sum of the number of forms for these 10 sites conducting each activity
multiplied by the estimated average number of hours to complete each
type of report form, based on the average of the time estimates for
completion of the draft AP report forms provided by the two sites.

*Estimated Cost for Locations and Sites* \-- The estimated annual cost
to all respondents (locations and sites) is \$96,467. The cost per hour
for the respondents was derived from the cost per hour of the salaries
and overhead of the Federal employees working on this project. Thus, the
estimated total annual cost burden to all respondents and record keepers
is 2,161 hours x \$37.20/hour (GS-13 Step 1) x 1.2 (20% Overhead) =
\$96,467.

> DOC estimates that the total burden hours and cost for the joint AP
> report forms may decrease in subsequent reporting years as respondents
> become familiar with the requirements and have to only report changes
> to information after submitting their initial report. Also once DOC
> deploys an optional electronic tool for the public to use for creating
> and submitting their reports, this may also reduce the burden hours.

[Complementary Access by the IAEA to Locations (DOC only)]{.underline}

It is estimated that the IAEA will request complimentary access to two
locations annually. The total estimated burden hours for implementing
complementary access to locations under the proposed AP Regulations is
1,153 hours and cost is \$32,070. DOC's proposed AP Regulations
establish the authority for conducting complementary access by the IAEA
to locations included in the U.S. declaration as well as locations that
are not included in the U.S. declaration as agreed to by the U.S.
government. DOC envisages complementary access to locations will
include, but is not limited to, preparing records, reviewing reports
previously submitted by the location, providing information to be
included in location-specific subsidiary arrangements between the U.S.
government and the IAEA, identifying and protecting confidential
business and other critical information, and developing a pre-inspection
briefing for inspectors about the facility.

DOC has based the burden hour and cost estimates on its experience
implementing the inspection provisions of the Chemical Weapons
Convention (CWC) Regulations (15 CFR 710-722; information collection
number 0694-0091). Specifically, the information collection for the
inspection provision of CWC Regulations has an estimated burden time of
576.33 hours per inspection, which is derived from the average of the
actual total burden hours in a calendar year as reported by eleven
Schedule 2 and Schedule 3 chemical facilities. Similarly, the estimated
cost of \$16,035 per inspection is derived from the average of the
actual cost reported by the eleven respondents, including preparations,
on-site activities and inspection reports, and the average time for
preparing a report of inspection related costs.

DOC estimates that the IAEA will request complementary access to two
locations per calendar year (576.33 hours per complementary access x 2
locations = 1152.66 hours and \$16,035 per complementary access x 2
locations = \$32,070).

[Compliance Reviews (DOC only)]{.underline}

The total estimated burden hours for implementing compliance reviews of
locations under the proposed AP Regulations is 43 hours and \$1,897.
DOC's proposed AP Regulations establish the authority for contacting any
person or location subject to the proposed AP Regulations to determine
whether it is in compliance with the reporting and recordkeeping
requirements of the proposed AP Regulations. Any person or location
subject to the proposed AP Regulations receiving such a request for
information will be required to provide such information to DOC within a
30-day time period. An extension of the submission deadline may be
requested. This provision does not, in itself, impose a requirement to
create records or maintain existing records. The recordkeeping
requirement that apply to persons and locations are set forth in Part
786 of the proposed AP Regulations.

DOC estimates that the burden to implement this provision of the
proposed AP Regulations is approximately 43 hours, which is based on a
survey that DOC conducted of persons/facilities subject to a similar
provision of the CWC Regulations. Specifically, DOC conducted a survey
of persons/facilities that responded to past requests for voluntary
information under the CWC Regulations in which it was estimated that 1.7
burden hours are required to comply with each request for information.
DOC estimates that it will issue 25 requests for information from a
person or location per calendar year under the proposed AP Regulations
(25 requests x 1.7 hours = 42.5 hours x \$37.20/hour (GS-13/1) = \$1581
x 1.2 (20% overhead) = \$1,897.20).

**13. [Provide an estimate of the total annual cost burden to the
respondents or record-keepers resulting from the collection (excluding
the value of the burden hours in #12 above)]{.underline}.**

This collection involves a recordkeeping requirement of three years, as
specified in DOC's proposed AP Regulations. The estimated recordkeeping
cost for this collection of \$8,707.

The largest of companies is anticipated to file less than 100 pages of
forms or letters per year. Although the quantity of actual records
required to support these forms and letters varies from company to
company, most of these records are already being saved in some form by
each company for other purposes (i.e., Environmental Protection Agency,
Occupational Safety and Health Administration, Nuclear Regulatory
Commission, Department of Energy (Energy Information Administration),
Department of Labor (Mine Safety and Health Administration), Department
of State, Department of Transportation)). A company may also have its
own internal policy in which such documents are maintained from year to
year. Note that such records, while useful for other purposes, are not
normally in a format useful to AP reports, and therefore cannot be
substituted for reports.

A worst case assumption assumes a ten fold excess of underlying records
for each submitted form or letter (i.e., 1,000 pages for the largest of
companies). This amounts to a total permanent storage of 5,500 pages of
documents to be contained in a filing cabinet occupying 1.5 square feet
of office space. Estimates of office space costs in the Washington, DC
area range from approximately \$35/sq.ft. to \$55/sq. ft., with an
average value of \$45/sq. ft. /year. Applying this worst case assumption
to the 129 potentially reportable locations (based on the results of the
SIES survey) yields an estimated recordkeeping cost for this collection
of \$8,707 (1.5 sq.ft. x \$45/sq.ft. x 129 reports). It must be
emphasized that this is a worst case assumption only. Most respondents
will file far less than the anticipated 100 pages per largest of
companies and hence will have much lower recordkeeping expenses. The
\$7,707 is rounded to \$8,708 in ROCIS.

**14. [Provide estimates of annualized cost to the Federal
government]{.underline}.**

The estimated annualized cost to DOC and NRC for reports is \$1,159,736.
A major portion of this estimate is the cost for personnel to receive,
process, validate, aggregate, and archive the data and other activities
for implementing the reporting and complementary access requirements for
the Additional Protocol. The chart below provides a breakout of the
annualized estimate cost of the collection. The annual cost is based on
the annual salaries of the 2 full-time Federal employees (2 DOC employee
and 1 NRC employee), 5 part-time Federal employees (DOC employees), 2
full-time employees that will provide contractual support (DOC
contractors), and 2 part-time employees that will provide contractual
support (DOC contractors). Also included is the annual cost for
equipment and printing needs.

**Number of Personnel Cost (USD)**

3 full-time Federal employees (2 DOC and 1 NRC) \$ 278,553

(3 x 2080 hrs/yr x \$37.20/hr \[GS-13, Step 1\] x 1.2 \[Overhead\])

5 part-time Federal employees (3 DOC and 2 NRC) \$ 232,128

(5 x 1040 hrs/yr x \$37.20/hr \[GS-13, Step 1\] x 1.2 \[Overhead\])

2 full-time contractual support employees \$ 364,332

2 part-time contractual support employees \$ 159,723

Equipment \$ 50,000

Printing Cost \$ 75,000

**Total Cost \$1,159,736**

**15. [Explain the reasons for any program changes or adjustments
reported in Items 13 or 14 of the OMB 83-I]{.underline}.**

This is a new information collection. All burden figures are based on
DOC experience and an estimated number of locations and sites affected.

**16. [For collections whose results will be published, outline the
plans for tabulation and publication]{.underline}.**

There are no plans to publish information obtained under this
collection.

**17. [If seeking approval to not display the expiration date for OMB
approval of the information collection, explain the reasons why display
would be inappropriate]{.underline}.**

DOC is requesting exemption from printing the expiration date on forms
for this collection of information because the implication of an
expiration date would only serve to confuse the public. The presence of
an expiration date would tend to give the public the impression that
these collections are only temporary and are no longer required after
the expiration date.

**18. [Explain each exception to the certification statement identified
in Item 19 of the ]{.underline}**

**[OMB 83-I]{.underline}.**

Not applicable.

**B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS**

This collection does not utilize statistical methods.

[Estimated Burden Hour Table]{.underline}

The estimated total burden hours for this joint collection includes
locations regulated by both the DOC and NRC and sites regulated by NRC.
The burden hours (2160.8**)** are broken into three separate sub-tables,
as follows: sub-table A for DOC locations; sub-table B for NRC
locations, and sub-table C for NRC sites, as well as the related
reference notes.

**[SUB-TABLE A \-- DEPARTMENT OF COMMERCE]{.underline}**

+-----------+-----------+-----------------+-------------+------------+
| Locations |           |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+
| AP Forms  | No.       | Time Estimate   | Avg. Time   | **Total    |
|           | Estimated |                 |             | Time**     |
|           |           | Responses       | Estimate    |            |
|           | Forms     | (min.)          | (min)       | **Per Form |
|           | Competed  |                 |             | (min.)\*** |
+-----------+-----------+-----------------+-------------+------------+
| AP-1^1^   | 71        | 60, 30, 20, 15, | 22.8        | 1618.8     |
|           |           | 15, 10, 10      |             |            |
| AP-2^2^   | 71        |                 | 4806        | 3450.6     |
|           |           | 120, 120, 30,   |             |            |
| AP-3^3^   | 60        | 20, 20, 15, 15  | 360         | 21600      |
|           |           |                 |             |            |
| AP-4^3^   | 1         | 480, 240        | 360         | 360        |
|           |           |                 |             |            |
| AP-5^4^   | 7         | 480, 240        | 143         | 1001       |
|           |           |                 |             |            |
| AP-6^5^   | 22        | 240, 180, 10    | 74          | 1628       |
|           |           |                 |             |            |
| AP-7^5^   | 0         | 120, 72, 30     | 74          | 0          |
|           |           |                 |             |            |
| AP-8^6^   | 0         | 120, 72, 30     | 90          | 0          |
|           |           |                 |             |            |
| AP-9^7^   | 0         | 120, 60         | 30          | 0          |
|           |           |                 |             |            |
| AP-10^8^  | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-11^8^  | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-12^8^  | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-13^9^  | 0         | \-\--           | 30          | 0          |
|           |           |                 |             |            |
| AP-14^10^ | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-15^11^ | 71        | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-16^12^ | 0         | \-\--           | 22.8        | \-\--      |
|           |           |                 |             |            |
|           |           | 60, 30, 20, 15, |             |            |
|           |           | 15, 10, 10      |             |            |
+-----------+-----------+-----------------+-------------+------------+
| **Total   |           |                 |             |            |
| (Burden   |           |                 |             |            |
| Hrs.)\*\* |           |                 |             |            |
| 494.3**   |           |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+

**[SUB-TABLE B \-- NUCLEAR REGULATORY COMMISSION -
LOCATIONS]{.underline}**

+-----------+-----------+-----------------+-------------+------------+
| Locations |           |                 |             |            |
| Table     |           |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+
| AP Forms  | No.       | Time Estimate   | Ave. Time   | Total Time |
|           | Estimated |                 |             |            |
|           |           | Responses       | Estimate    | Per Form   |
|           | Forms     | (min.)          | (min)       | (min.)\*   |
|           | Competed  |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+
| AP-1^1^   | 48        | 60, 30, 20, 15, | 22.8        | 1094.4     |
|           |           | 15, 10, 10      |             |            |
| AP-2^2^   | 48        |                 | 4806        | 2332.8     |
|           |           | 120, 120, 30,   |             |            |
| AP-3^3^   | 40        | 20, 20, 15, 15  | 360         | 14400      |
|           |           |                 |             |            |
| AP-4^3^   | 1         | 480, 240        | 360         | 360        |
|           |           |                 |             |            |
| AP-5^4^   | 7         | 480, 240        | 143         | 1001       |
|           |           |                 |             |            |
| AP-6^5^   | 0         | 240, 180, 10    | 74          | 0          |
|           |           |                 |             |            |
| AP-7^5^   | 14        | 120, 72, 30     | 74          | 1036       |
|           |           |                 |             |            |
| AP-8^6^   | 4         | 120, 72, 30     | 90          | 360        |
|           |           |                 |             |            |
| AP-9^7^   | 3         | 120, 60         | 30          | 90         |
|           |           |                 |             |            |
| AP-10^8^  | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-11^8^  | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-12^8^  | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-13^9^  | 1         | \-\--           | 30          | 30         |
|           |           |                 |             |            |
| AP-14^10^ | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-15^11^ | 48        | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-16^12^ | 0         | \-\--           | 22.8        | \-\--      |
|           |           |                 |             |            |
|           |           | 60, 30, 20, 15, |             |            |
|           |           | 15, 10, 10      |             |            |
+-----------+-----------+-----------------+-------------+------------+
| **Total   |           |                 |             |            |
| (Burden   |           |                 |             |            |
| Hrs.)\*\* |           |                 |             |            |
| 345.1**   |           |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+

**[SUB-TABLE C \-- NUCLEAR REGULATORY COMMISSION -
LOCATIONS]{.underline}**

+-----------+-----------+-----------------+-------------+------------+
| Sites     |           |                 |             |            |
| Table     |           |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+
| AP Forms  | No.       | Time Estimate   | Ave. Time   | Total Time |
|           | Estimated |                 |             |            |
| (Site)    |           | Responses       | Estimate    | Per Form   |
|           | Forms     | (min.)          | (min)       | (min.)\*   |
|           | Competed  |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+
| AP-A^1^   | 10        | 60, 30, 20, 15, | 22.8        | 1094.4     |
|           |           | 15, 10, 10      |             |            |
| AP-B^2^   | 10        |                 | 4806        | 2332.8     |
|           |           | 120, 120, 30,   |             |            |
| AP-C^13^  | 500       | 20, 20, 15, 15  | 360         | 14400      |
|           |           |                 |             |            |
| AP-D^3^   | 0         | 180, 132        | 360         | 360        |
|           |           |                 |             |            |
| AP-E^3^   | 0         | 480, 240        | 143         | 1001       |
|           |           |                 |             |            |
| AP-F^4^   | 4         | 480, 240        | 74          | 0          |
|           |           |                 |             |            |
| AP-G^5^   | 0         | 240, 180, 10    | 74          | 1036       |
|           |           |                 |             |            |
| AP-H^6^   | 0         | 120, 72, 30     | 90          | 360        |
|           |           |                 |             |            |
| AP-I      | 0         | 120, 60         | 30          | 90         |
|           |           |                 |             |            |
| AP-J^8^   | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-K^8^   | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-L^8^   | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-M^9^   | 0         | \-\--           | 30          | 30         |
|           |           |                 |             |            |
| AP-N^10^  | 0         | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-O^11^  | 10        | \-\--           | \-\--       | \-\--      |
|           |           |                 |             |            |
| AP-P^12^  | 0         | \-\--           | 22.8        | \-\--      |
|           |           |                 |             |            |
|           |           | 60, 30, 20, 15, |             |            |
|           |           | 15, 10, 10      |             |            |
+-----------+-----------+-----------------+-------------+------------+
| **Total   |           |                 |             |            |
| (Burden   |           |                 |             |            |
| Hrs.)\*\* |           |                 |             |            |
| 1321.4**  |           |                 |             |            |
+-----------+-----------+-----------------+-------------+------------+

**[Total Estimated Burden Hours (DOC and NRC) = 2160.8]{.underline}**

\-\-- No information was provided by the 9 companies surveyed.

\* Total time per form = No. Estimated Forms Completed x Ave. Time
Estimate (to complete each form) = total time burden

to industry for each form.

\*\* Total (Burden Hrs) = Represents total time burden to industry.

**NOTES:**

1 Separate responses were received for Forms AP-1 and AP-A. Because
Forms AP-5 and AP-F (Certification) are nearly identical, the time
estimates for Forms AP-1 and AP-A were merged and averaged.

2 Separate responses were received for Forms AP-2 and AP-B. Because
Forms AP-2 and AP-B (Reporting Address) are nearly identical, the time
estimates for Forms AP-2 and AP-B were merged and averaged.

3 A response was received for Form AP-3. Because Forms AP-3, AP-4, AP-D
and AP-E (Nuclear Fuel Cycle R&D Not Involving Nuclear Material) are
very similar, the time estimate for Form AP-3 was also used for Forms
AP-4, AP-D, and AP-E.

4 Separate responses were received for Forms AP-5 and AP-F. Because of
the similarity between forms AP-5 and AP-F (Manufacturing Activities),
the time estimates for Forms AP-5 and AP-F were joined and averaged for
forms AP-5 and AP-F.

5 Separate responses were received for Forms AP-6 and AP-7. Because
Forms AP-6 (Uranium Hard Rock Mine Operations) and AP-7 and AP-G
(Concentration Plant Operations) are very similar, the time estimate for
Forms AP-6 and AP-7 were merged and averaged, and the time estimate was
also used for Form AP-G. The number of in situ mines and concentration
plants is projected for an increasing number of mines and plants
licensed by NRC and the Agreement States.

6 A response was received for From AP-8. Because Forms AP-8 and AP-H
(Holdings of Impure Source Material) are nearly identical, the time
estimate for Form AP-3 was also used for form AP-H.

7 No responses were received for Form AP-9 or AP-I. 30 minutes was
estimated for completion of this form based on the time responses for
the other forms collecting similar quantities of information.

8 Forms AP-10, AP-11 and AP-12 and Forms AP-J, AP-K and AP-L concerns
reporting of information pertaining to the holding of safeguard-exempted
material and the location and processing of safeguard-terminated
material respectively. No responses were provided as no entities
currently posses such material in the United States.

9 No responses were received for Form AP-13 or AP-M. 30 minutes was
estimate for completion of this form based on the time response for the
other forms collecting similar quantities of information.

10 No responses were received for Form AP-14 or AP-N. Form AP-14 and
Form AP-N collect information related to a response from the IAEA
request to clarity information contained in a previously provided
report.

11 No responses were received for Form AP-15 or AP-O. Both forms provide
additional space to fully answer a question that was asked on many of
the previous AP report forms. Time for completion of this form is
included in the estimates for completing the specific forms above.

12 No responses were received for Forms AP-16 and AP-P. Form Ap-16 and
From AP-P are No Changes Reports to certify that the information
reported in the last submitted report has not changed and would not be
submitted during the first information collection. Because Forms AP-1
and AP-A (Certification) and AP-16 and AP-E (No Change Report) are very
similar, the time estimate for Forms AP-1 and AP-A was also used for
Forms AP-16 and AP-E. During annual update information collections, it
is expected that a large number of the reporting entities will submit No
Changes Reports.

13 Over 200 facilities licensed by the NRC have been placed on the list
of U.S. Facilitates Eligible for IAEA Safeguards. Ten on the list have
been or are currently selected for IAEA safeguards activities. The 10
sites are expected to have an average of 50 buildings per site and to
submit a separate Form AP-C for each building.