10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
10 CFR Part 51 supporting statement for Fusion proposed rule.docx	Supporting Statement A	Uploaded 2025-07-22	Available
Regulatory Analysis_Fusion-Machine-Proposed-Rule.docx	Supplementary Document	Uploaded 2026-02-25	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
33226	10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory		Unchanged

ICR Details

OMB Control No: 3150-0021	ICR Reference No: 202507-3150-003
Status: Historical Inactive	Previous ICR Reference No: 202408-3150-003
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 04/15/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/23/2025
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. If the cost estimates presented rely largely on non-public data, the agency is required to work with OMB to increase the amount of quality supporting information underlying the cost estimates before this information collection is submitted for renewal. Lastly, the supporting statement submitted at final rule stage should include any changes that occurred between the proposed and final rule related to this ICR.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2027	08/31/2027	08/31/2027
Responses	27	0	27
Time Burden (Hours)	140,000	0	140,000
Cost Burden (Dollars)	0	0	0

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Abstract: REGULATORY FRAMEWORK FOR FUSION MACHINES PROPOSED RULE The NRC is proposing to amend its regulations to establish a regulatory framework for the possession, use, and production of byproduct material associated with fusion machines. The proposed rule includes definitions to establish the scope of regulatory requirements for fusion machines and technology-inclusive, content-of-application requirements supportive of a performance-based approach to regulation. The proposed rule includes specific requirements for submitting an application for a license to possess, use, and produce byproduct material associated with a fusion machine. Such applicants may file an application using NRC Form 313, “Applications for Materials License.” The proposed rule would add a requirement for an applicant to submit an environmental report for the construction and operation of a fusion machine unless a categorical exclusion applies. The proposed rule would require applicants or licensees to maintain records of production of tritium and activation products associated with fusion machines. The records and recordkeeping requirements would allow the NRC to determine if the applicant has training, experience, equipment, facilities, and procedures that provide reasonable assurance of adequate protection of public health and safety and the environment. The records and recordkeeping requirements associated with receipt, transfer, production, and disposal of byproduct material would be reviewed by the NRC to determine that licensees have confined their possession and use of byproduct material to the locations, purposes, receipt, and quantities authorized in their licenses. The proposed rule would require that radioactive waste resulting from fusion machines must either be accompanied by an analysis showing the waste is manifested and labeled for disposal consistent with the description of the applicable waste class in [10 CFR] 61.7 of this chapter, based on the physical, chemical, and radiological characteristics of the waste, or be disposed of in a disposal facility that has completed a site-specific intrusion assessment that demonstrates the projected dose to an individual who inadvertently intrudes into the waste at the facility will be less than 0.5 rem (5 (mSv)) per year. The information requested would allow the NRC to determine whether the proposed activities can be conducted safely without harming the common defense and security or constituting an unreasonable risk to public health and safety and the environment. The NRC is proposing to amend its regulations to establish a regulatory framework for licensing the possession, use, and production of byproduct material associated with fusion machines. The NRC is also proposing new guidance for the implementation of this proposed rule, entitled NUREG-1556, Volume 22, “Consolidated Guidance About Materials Licenses: Program-Specific Guidance About Fusion Machine Licenses.”

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3150-AL00	Proposed rulemaking	91 FR 9476	02/26/2026

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $18,769,824

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

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

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

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

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

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

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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

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

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

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

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

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

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

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

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

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

(v) Nature and extent of confidentiality; and

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

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

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

(j) It makes appropriate use of information technology.

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

Certification Date: 07/23/2025

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