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View ICR - Agency Submission
OMB Control No:
ICR Reference No:
202603-3150-006
Status:
Received in OIRA
Previous ICR Reference No:
Agency/Subagency:
NRC
Agency Tracking No:
W1-3
Title:
Information collections contained in Implementation of the National Environmental Policy Act Proposed Rule, 10 CFR Part 51
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:
03/18/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
Responses
21
0
Time Burden (Hours)
44,016
0
Cost Burden (Dollars)
0
0
Abstract:
PROPOSED RULE: IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT The NRC is proposing to amend its regulations in 10 CFR part 51 to: (1) streamline implementation of the National Environmental Policy Act of 1969, as amended NEPA), (2) alleviate unnecessary regulatory burden, and (3) expand flexibilities for applicants and licensees while complying with environmental requirements. The revisions are necessitated by and consistent with Executive Order (E.O.) 14300, “Ordering the Reform of the Nuclear Regulatory Commission,” E.O. 14154, “Unleashing American Energy,” and Commission direction in SRM-SECY-25-0007, “Withdrawing the Environmental Justice Policy Statement and Environmental Justice Strategy,” dated April 10, 2025, and SRM-SECY-24-0046, “Implementation of the Fiscal Responsibility Act of 2023 National Environmental Policy Act Amendments,” dated July 28, 2025. During its comprehensive review and revision of the 10 CFR Part 51 regulations, the NRC identified certain information collection requirements that should be amended under this proposed rule to streamline the regulations and improve efficiency. This proposed rule is part of the NRC’s rulemaking efforts under EO 14300. Although the rule affects existing information collections, the current submission requests a new, temporary clearance number. After the final rule is published, the associated burden will be transferred to the respective existing clearance number for Part 51 (3150-0021) and this clearance will be discontinued.
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
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3150-AL38
Proposed rulemaking
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
Information collections contained in Implementation of the National Environmental Policy Act Proposed Rule, 10 CFR Part 51
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
21
0
0
21
0
0
Annual Time Burden (Hours)
44,016
0
0
44,016
0
0
Annual Cost Burden (Dollars)
0
0
0
0
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:
The overall annual burden for complying with the proposed Part 51 is estimated to be 44,015.6 hours and 21 responses. This represents the full burden during the three-year clearance period for all applicants, licensees, and petitioners responding to the information collection. The current burden for Part 51 information collections is 190,993 hours; therefore, the proposed rule represents a decrease of 146,977.4 hours (190,993 – 44,015.6). The decrease in burden is due to changes in 1) proposed revisions to the list of specific agency actions in 10 CFR 51.20 that mandate preparation of an EIS and 2) expansion to the list of categorical exclusions in 10 CFR 51.22, as further explained below. 1) Under the current 10 CFR Part 51, the NRC codifies licensing and regulatory actions that automatically require an Environmental Impact Statement (EIS) in § 51.20(b). This proposed rule would revise Part 51 to eliminate the list of specific agency actions in 10 CFR 51.20 that mandate preparation of an EIS, aligning the regulation with Section 106(b) of NEPA—except where an EIS is explicitly required by statute. Removing the list of actions that automatically require an EIS would provide the NRC with greater flexibility to adopt streamlined environmental review approaches where appropriate. It would also eliminate the need for exemptions to allow preparation of an EA in cases where current regulations require an EIS. This change is expected to significantly reduce the burden associated with preparing an EA compared to an EIS. An exception to this change is the issuance of licenses for uranium enrichment facilities. Section 193 of the AEA mandates that the construction and operation of such facilities must be evaluated through an EIS. 2) Additionally, the categorical exclusion provisions in 10 CFR 51.22 are a critical tool for reducing regulatory burden for categories of actions that have been demonstrated to have no significant impact on the quality of the human environment. This proposed rule would expand the list of categorical exclusions in 10 CFR 51.22. The expanded list would include, but not be limited to, actions such as subsequent license renewals, power uprate license amendments, microreactor licensing, advanced demonstration projects, site envelopes for specific reactor technologies, and site decommissioning. While burden has been added for respondents to justify the use of a categorical exclusion (ranging from 260 hours for an operating reactor licensee submitting a license amendment to 3,600 hours for a new reactor applicant); overall, these changes would reduce the need for applicants to prepare more burdensome environmental reports, EAs, or EISs for qualifying actions. Finally, this proposed rule would eliminate the information collection requirements currently found in 10 CFR 51.58 and 10 CFR 51.66. Section 51.58 specifies the number of copies and distribution methods for ERs, EAs or EISs related to rulemaking petitions or NRC-initiated rulemakings. Similarly, 10 CFR 51.66 outlines the same requirements for EISs associated with early site permit applications for future nuclear facility sites. The NRC has determined that these procedural details are more appropriately addressed in implementation guidance rather than codified in regulation.
Annual Cost to Federal Government:
$2,240,423
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:
Andrew Carrera 301 415-1078 andrew.carrera@nrc.gov
Common Form ICR:
No
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:
03/18/2026
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