10 CFR Part 40 - Domestic
Licensing of Source Material
Revision of a currently approved collection
No
Regular
09/05/2025
Requested
Previously Approved
6 Months From Approved
12/31/2025
1,347
1,341
16,745
16,422
591
562
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, and 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 The U.S. Nuclear Regulatory Commission
(NRC) regulations in Part 40 of Title 10 of the Code of Federal
Regulations establish procedures and criteria for the issuance of
licenses to receive title to, receive, possess, use, transfer, or
deliver source and byproduct material. The application, reporting,
recordkeeping, and third party notification requirements are
necessary to permit the NRC to make a determination as to whether
the possession, use, and transfer of source and byproduct material
is in conformance with the Commission’s regulations for protection
of public health and safety.
The final rule’s changes to 10
CFR Part 40 will affect applicants during the period of this
clearance. The annual estimated burden increase due to the proposed
rule is 323 hours, covering 3 respondents 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.
$755,424
No
No
No
No
Yes
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.