Information collections contained in Modernizing Materials Licensing Proposed Rule, 10 CFR Parts 30, 37, 40, 51, 70, 72, and 140

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
279837	Information Collections Contained in Modernizing Materials Licensing Proposed Rule, 10 CFR Parts 30. 37, 40, 51, 70, 72, and 140 Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202604-3150-016
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: NRC	Agency Tracking No:
Title: Information collections contained in Modernizing Materials Licensing Proposed Rule, 10 CFR Parts 30, 37, 40, 51, 70, 72, and 140
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/07/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	1	0
Time Burden (Hours)	42,310	0
Cost Burden (Dollars)	545	0

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Abstract: PROPOSED RULE: Information collections contained in Modernizing Materials Licensing Proposed Rule, 10 CFR Parts 30, 37, 40, 51, 70, 72, and 140 The proposed rule would revise information collection related to materials licensing. Major changes would include eliminating the nine-month advance application requirement for facility construction in 10 CFR parts 30, 40, and for some facilities under 10 CFR part 70, and allowing construction to begin at the applicant’s risk for most materials facility types; introducing a new exemption in 10 CFR part 37 for large components and robust structures containing category 1 or category 2 quantities of radioactive material, with new recordkeeping for exemption documentation; streamlining and clarifying application content and reporting requirements in 10 CFR part 70, especially for spent fuel reprocessing facilities; shifting certain annual and biennial reporting requirements in 10 CFR part 72 to recordkeeping only, and adjusting notification and registration deadlines for spent fuel storage; and establishing new documentation requirements in 10 CFR part 140 for spent fuel reprocessing facility licensees (liability insurance and indemnification for reprocessing facilities). These changes collectively would reduce unnecessary regulatory burden, clarify ambiguous requirements, and improve the efficiency and practical utility of NRC’s information collections, ensuring that the agency would continue to receive essential information for effective oversight while minimizing paperwork burdens on regulated entities. NOTE: Because this rule results in a net reduction in the number of responses, but an overall increase in burden, the data fields in the submission reflect a nominal entry of 1 response. Please refer to the supporting statement and burden tables for the actual burden estimates. In addition, the cost to the government is a savings of $23,100, but 0 has been entered in the field, as it does not allow a negative response.

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Authorizing Statute(s): PL: Pub.L. 83 - 703 1-291 Name of Law: Atomic Energy Act
   EO: EO 14300 Name/Subject of EO: Ordering the Reform of the Nuclear Regulatory Commission
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3150-AL56	Proposed rulemaking

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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

IC Title	Form No.	Form Name
Information Collections Contained in Modernizing Materials Licensing Proposed Rule, 10 CFR Parts 30. 37, 40, 51, 70, 72, and 140

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1	0	0	1	0	0
Annual Time Burden (Hours)	42,310	0	0	42,310	0	0
Annual Cost Burden (Dollars)	545	0	0	545	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: As a result of the proposed rule, the burden for the 10 CFR Parts 30, 37, 40, 70, 72 and 140 information collection would increase by 42,306 hours. The proposed rule would: • Remove the requirement in Parts 30 and 40 to file license applications at least nine months before construction for facilities significantly affecting the environment, and instead require submission of construction schedules to NRC at least 30 days before construction begins. • Clarify in Parts 30 and 40 that construction may begin at the applicant’s own risk prior to NRC environmental determination, provided the applicant submits construction schedules as required. • Introduce in Part 37 a new exemption for large components and robust structures containing Category 1 or Category 2 radioactive material, and require licensees to maintain written documentation demonstrating compliance with the exemption criteria. • Add in Part 51 a new categorical exclusion to ensure issuance of certificates of compliance continue to be exempt from environmental review, whether approved through rulemaking or through licensing. • Simplify Part 70 license application filing procedures and introduce single-step licensing for spent fuel reprocessing facilities, expanding the scope of required application content, such as quality assurance, liability insurance, operator licensing programs, and technical specifications. • Update Part 70 application content requirements to mandate inclusion of control and accounting of special nuclear material (SNM), liability insurance provisions, technical specifications, operator licensing programs, and decommissioning funding plans for spent fuel reprocessing facility applicants. • Provide relief in Part 70 from maintaining criticality accident alarm systems for licensees who can demonstrate that a criticality accident is not credible, thereby reducing related reporting and recordkeeping burden. • Extend deadlines in Part 70 for submitting updates and changes to material control, security, safeguards contingency, and emergency plans, thereby reducing reporting frequency and administrative burden. • Delete and reserve §§ 70.50, 70.52, and 70.74 in Part 70, and consolidate and relocate reportable safety event requirements to Appendix A, streamlining reporting obligations and removing outdated or redundant provisions. • Revise Part 70 procedures for verifying transfer of special nuclear material to clarify acceptable methods for submitting written confirmation of oral certifications, improving regulatory consistency. • Reduce the timing burden in Part 72 for ISFSI license renewal applications by allowing them to be filed at least 30 days before expiration, and shift certain annual reporting requirements to recordkeeping rather than mandatory submission. • Eliminate in Part 72 the submittal of the report documenting the quantities of principal radionuclides released to the environment via liquid and gaseous effluents and instead, require licensees to retain the report until license termination. • Eliminate in Part 72 the 24-month periodic reporting requirement for changes, tests, and experiments, and adjust notification and registration deadlines for spent fuel storage casks (notification from 90 to 30 days, registration from 30 to 90 days). • Establish in Part 140 a new requirement for spent fuel reprocessing facility licensees to obtain and maintain liability insurance and an indemnification agreement, adding a documentation obligation for applicants and licensees.

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Annual Cost to Federal Government:

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: 04/07/2026

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