10 CFR 70, Domestic Licensing of Special Nuclear Material
Revision of a currently approved collection
No
Regular
09/05/2025
Requested
Previously Approved
10/31/2027
10/31/2027
1,039
1,036
58,922
58,814
686
676
FINAL RULE- Alternatives to the Use of Credit Ratings
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations for approved financial assurance mechanisms for decommissioning in 10 CFR Parts 30, 40, 50, 70, specifically for parent-company and self-guarantees that previously required bond ratings issued by credit rating agencies and now is replaced with a demonstration of a creditworthiness criterion. This final rule implements the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 that directed agencies to amend their regulations to remove any reference to or requirement of reliance on credit ratings. This final rule affects applicants and licensees who are required to provide decommissioning financial assurance.
The information collections associated with the final rule have been submitted under the following clearance numbers:
3150-XXXX Burden for 10 CFR Part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material (this is a temporary clearance number, 3150-0017 is currently unavailable for submissions due to the Regulatory Framework for Fusion Machines proposed rule)
3150-0011 - 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities
3150-0009 - 10 CFR Part 70, Domestic Licensing of Special Nuclear Material
3150-0029 - 10 CFR Part 40, Domestic Licensing of Source Material
Part 70 of title 10 of the Code of Federal Regulations (10 CFR), establishes requirements for licensees to own, acquire, receive, possess, use, and transfer special nuclear material. The information in the applications, reports, and records is used by the NRC to make licensing and or regulatory determinations concerning the use of special nuclear material.
The final ruleâs changes to 10 CFR Part 70 will affect applicants during the period of this clearance. The overall annual estimated burden increase due to the final rule is 107.67 hours, covering one respondent annually.
The NRC issued this final rule to amend the approved financial assurance mechanisms for decommissioning, specifically for parent-company and self-guarantees that require bond ratings issued by credit rating agencies. The rule implements the required provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The Dodd-Frank Act directed agencies to amend their regulations to remove any reference to or requirements of reliance on credit ratings. Applicants and licensees that are required to provide decommissioning financial assurance may be impacted. The rule requires applicants and licensees that relied on bond ratings issued by credit rating agencies for their financial guarantee to instead rely on new financial tests currently provided in NRC regulations that do not contain a credit rating criterion.
The NRC has revised the number of impacted entities from the proposed rule to the final rule from 7 to 1.
$7,770,200
No
No
No
No
No
No
No
Gregory Trussell 301 415-6445
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:
(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.