View Information Collection Request (ICR) Package

OMB Control No: 3150-0011	ICR Reference No: 202311-3150-003
Status: Active	Previous ICR Reference No: 202210-3150-003
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/16/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/16/2023
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2026	10/31/2025	10/31/2025
Responses	42,191	0	42,196
Time Burden (Hours)	3,633,354	0	3,636,646
Cost Burden (Dollars)	273,281	0	273,447

Abstract: 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).

Authorizing Statute(s): PL: Pub.L. 109 - 58 119 Stat 594 Name of Law: Energy Policy Act of 2005
PL: Pub.L. 83 - 703 68 Stat. 919 Name of Law: Atomic Energy Act of 1954

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3150-AJ68	Final or interim final rulemaking	88 FR 80050	11/16/2023

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	42,191	42,196	-5
Annual Time Burden (Hours)	3,633,354	3,636,646	-3,292
Annual Cost Burden (Dollars)	273,281	273,447	-166

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: 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.

Annual Cost to Federal Government: $64,755,756

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

Agency Contact: Robert Beall 301 415-3874 robert.beall@nrc.gov

View ICR - OIRA Conclusion