10 CFR Part 50, Domestic
Licensing of Production and Utilization Facilities
Revision of a currently approved collection
No
Regular
08/22/2023
Requested
Previously Approved
10/31/2025
10/31/2025
42,191
42,196
3,633,354
3,636,646
273,281
273,447
FINAL RULE - EMERGENCY PREPAREDNESS
FOR SMALL MODULAR REACTORS AND OTHER NEW TECHNOLOGY The U.S.
Nuclear Regulatory Commission (NRC) is amending its regulations to
include new alternative emergency preparedness (EP) requirements
for small modular reactors (SMR) and other new technologies (ONT).
This final rule acknowledges technological advancements and other
differences from large light-water reactors that are inherent in
small modular reactors and other new technologies. The information
collections create a transparent alternative EP regulatory
framework that allows SMR and ONT applicants and licensees to
submit for NRC approval a performance-based EP program, to include
a scalable plume exposure pathway EPZ and licensee-defined
performance objectives and metrics, while continuing to provide
reasonable assurance that adequate protective measures can and will
be implemented in a radiological emergency. Applicants or licensees
requesting approval to construct or operate utilization or
production facilities are required by the Atomic Energy Act of
1954, as amended, to provide information and data that the NRC may
determine necessary to ensure the adequate protection of health and
safety of the public. The submission of emergency plans to the NRC
is required in order to allow the NRC to determine that the
emergency plans and EP programs provide reasonable assurance that
adequate protective measures can and will be taken in the event of
a radiological emergency. Information is used by the NRC to
evaluate the adequacy of the alternative EP program for approval,
assess ongoing adequacy once implemented, determine whether to take
actions, such as to conduct inspections or to alert other licensees
to prevent similar events that may have generic implications, and
to update information in the NRC Emergency Operation Center used in
support of an NRC response to an actual emergency, drill, or
exercise. Responses to these collections of information are
required for applicants and licensees choosing to comply with 10
CFR 50.160. Confidential and proprietary information submitted to
the NRC is protected in accordance with NRC regulations at 10 CFR
9.17(a) and 10 CFR 2.390(b).
The final rule will reduce the
overall burden for the Part 50 information collection by 3,292
hours, from 3,636,646 hours to 3,633,354 hours. Reporting burden
will decrease by 1,906 hours (from 1,186,462 to 1,184,556) and the
recordkeeping burden will decrease by 1,386 hours (from 2,449,984
hours to 2,448,598 hours). The final rule provides
performance-based requirements for planning and implementing an EP
program for SMRs and ONTs. Having a performance-based framework
compared to a deterministic framework that is prescribed in the CFR
is expected to result in fewer LARs as the performance-based
approach will allow for more regulatory flexibility and provide a
basis for appropriate EP through review of design- and
site-specific accident scenarios. This burden reduction is captured
in this 10 CFR Part 50 supporting statement since LARs for both 10
CFR Part 50 and Part 52 licenses are submitted under 10 CFR 50.90.
The final rule’s performance-based requirements for planning and
implementing will allow for more regulatory flexibility, provide a
basis for appropriate EP through the review of design- and
site-specific accident scenarios, and as a result minimize the need
for exemption requests that would otherwise be anticipated under
the current regulatory framework. The final rule will decrease the
information collection burden for SMR and ONT licensees and
applicants that will be permitted to use a performance-based
framework to monitor their EP program. Quarterly submissions of the
performance objectives for a power reactor licensee are voluntary
under the current framework, with most licensees participating. The
staff expects the performance objectives gathered by the licensee
under the final rule will be approximately the same as the current
framework. However, the staff expects the amount of information
submitted will be significantly less under the final rule, which
will not require quarterly reporting of the performance objectives.
Instead, all quarterly performance objective and associated metric
paperwork for the previous eight calendar quarters will become a
record kept onsite and available for NRC inspection. This estimated
recurring reporting burden reduction due to the final rule is zero
for this clearance period since no recurring reports will occur
during this clearance period (zero for 10 CFR Part 50 and zero for
10 CFR Part 52). The final rule will decrease the information
collection burden for SMR and ONT licensees and applicants that
will be permitted to have a performance-based EPZ size less than 10
miles, assuming they meet the eligibility requirements. Under this
new performance-based framework, a smaller EPZ could reside within
the facility’s site boundary, which will allow the licensee or
applicant to forego the offsite emergency planning activities. The
final rule also does not provide for a specific IPZ. The final rule
includes ingestion response planning requirements instead of an IPZ
at a set distance as part of the performance-based framework.
Therefore, the information collection will be reduced.
Contrastingly, the current framework prescriptively requires a
50-mile IPZ and a 10-mile plume exposure pathway EPZ, which has
similar onsite planning activities but with the same or additional
offsite emergency planning activities as compared to the
performance-based EP framework. This estimated application burden
reduction due to the final rule is reflected with the NRC staff’s
assumption that the burden associated with a performance-based EP
program is 10 percent less than the burden associated with a
deterministic EP program. The burden hours per recordkeeper for the
performance-based framework will be approximately 50 percent lower
than the current deterministic requirements due to reduction in
size of reports required to be kept as records.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities