Information collections
contained in Implementation of the National Environmental Policy
Act Proposed Rule, 10 CFR Part 51
New
collection (Request for a new OMB Control Number)
No
Regular
03/18/2026
Requested
Previously Approved
36 Months From Approved
21
0
44,016
0
0
0
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.
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
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.
$2,240,423
No
No
No
No
No
No
No
Andrew Carrera 301 415-1078
andrew.carrera@nrc.gov
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.
03/18/2026
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Information collections contained in Implementation of the National Environmental Policy Act Proposed Rule, 10 CFR Part 51