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.
Inventory as of this Action
Requested
Previously Approved
07/31/2027
07/31/2027
07/31/2027
144,734
0
144,734
229,100
0
229,100
11,947
0
11,947
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, âApplications for Materials License.â 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, âConsolidated Guidance About Materials Licenses: Program-Specific Guidance About Fusion Machine Licenses.â
As a result of the proposed rule, the burden for the 10 CFR Part 30 information collection would increase from 229,100 to 229,107, an increase of 7 hours. The increase is due to additional recordkeeping requirements for licensees who produce byproduct material.
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.
Regulatory Analysis_Fusion-Machine-Proposed-Rule.docx
10 CFR 30, Rules of General Applicability to Domestic Licensing of Byproduct Material