[Federal Register Volume 90, Number 226 (Wednesday, November 26, 2025)]
[Rules and Regulations]
[Pages 54225-54228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21305]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 226 / Wednesday, November 26, 2025 /
Rules and Regulations
[[Page 54225]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 14
[NRC-2025-1336]
RIN 3150-AL54
Streamlining Select Rules of Practice and Procedure
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is rescinding a
discrete number of regulations regarding agency rules of practice and
procedure for general hearing management, formal adjudications, and
administrative tort claims because they are either inconsistent with
statutory requirements or duplicative of statutory requirements and
other binding regulations. The NRC is not soliciting public comment on
these changes because the changes are limited to agency rules of
procedure and practice that do not affect the substantive rights and
responsibilities of outside parties.
DATES: This final rule is effective on November 26, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-1336 when contacting the
NRC about the availability of information for this action. You may
obtain publicly available information related to this action by any of
the following methods:
Federal Rulemaking Website: Electronically at https://www.regulations.gov. Search for Docket ID NRC-2025-1336. Address
questions about NRC dockets to Helen Chang; telephone: 301-415-3228;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to [email protected].
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Christopher Prescott, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-001; telephone: 301-287-9452; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Background
II. Rulemaking Procedure
III. Summary of Changes
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Regulatory Planning and Review
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act
XI. Congressional Review Act
I. Background
On May 23, 2025, President Donald J. Trump signed Executive Order
(E.O.) 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission,'' which directs the NRC to take a number of actions to help
provide the American people with safe, abundant nuclear energy. Section
2 of E.O. 14300 sets forth the policy of the United States to (a)
reestablish the United States as the global leader in nuclear energy;
(b) facilitate increased deployment of new nuclear reactor
technologies; (c) facilitate the expansion of American nuclear energy
capacity from approximately 100 GW in 2024 to 400 GW by 2050; (d)
employ emerging technologies to safely accelerate the modeling,
simulation, testing, and approval of new reactor designs; (e) support
the continued operation of, and facilitate appropriate operational
extensions for, the current nuclear fleet, as well as the reactivation
of prematurely shuttered or partially completed nuclear facilities; and
(f) maintain the United States' leading reputation for nuclear safety.
This rulemaking addresses E.O. section 5, which states the NRC shall
undertake a review and wholesale revision of its regulations and
guidance documents guided by the policies set forth in section 2 of the
E.O.
II. Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)(A)) (APA),
notice and comment requirements do not apply ``to interpretive rules,
general statements of policy, or rules of agency organization,
procedure, or practice.'' Because this revision affects the NRC's rules
of agency procedure and practice, the notice and comment provisions of
the APA do not apply. Moreover, the final rule does not change the
substantive responsibilities of any person or entity regulated by the
NRC.
III. Summary of Changes
The NRC is removing a discrete number of sections in 10 CFR part 2,
``Agency Rules of Practice and Procedure,'' and part 14,
``Administrative Claims Under Federal Tort Claims Act,'' because they
are either unnecessary or duplicative of statutory requirements or
other requirements.
The regulations in 10 CFR part 2 set forth agency rules of practice
and procedure that govern the conduct of adjudicatory proceedings. The
following 10 CFR part 2 sections are being removed:
10 CFR 2.301, ``Exceptions,'' in its entirety. This
regulation notes that the Commission has the authority to provide
alternative procedures in adjudications to the extent that the conduct
of military or foreign affairs function is involved. The NRC is
removing this section because it is duplicative of the provision in the
APA (5 U.S.C. 554(a)(4)), which provides an exception to the
adjudication requirements in 5 U.S.C. 554 to the extent the conduct of
military or foreign affairs functions are involved. An associated
change is being made to 10 CFR 2.1000, ``Scope of subpart J,'' to
delete the reference to 10 CFR 2.301.
[[Page 54226]]
10 CFR 2.390(b)(4)(v), ``Public Inspections, exemptions,
requests for withholding.'' The regulation at 10 CFR 2.390 sets out the
procedural requirements for anyone submitting a document to the NRC
that they wish to have withheld from public disclosure, either wholly
or in part, and (b)(4) lays out the factors the Commission will
consider when determining whether information is a trade secret,
confidential, or privileged commercial or financial information. The
considerations provided in clause (v) constitute the ``substantial
competitive harm'' test. The Freedom of Information Act, however,
includes no such test, and the Supreme Court has rejected the test,
finding the substantial competitive harm requirement ``inconsistent
with the terms of the statute.'' Food Marketing Institute v. Argus
Leader Media, 588 U.S. 427, 430 (2019). Thus, the NRC is removing 10
CFR 2.309(b)(4)(v).
10 CFR 2.711, ``Evidence,'' specifically subparagraphs (e)
through (j). Subparagraphs (e) through (j) provide the requirements for
admissibility, objections, offer of proof, exhibits, official record,
and official notice in formal adjudications conducted under subpart G
of 10 CFR part 2. These subparagraphs, however, are redundant to
subparagraphs (a) through (f) in subpart C of part 2, at 10 CFR 2.337,
``Evidence at a hearing.'' Pursuant to 10 CFR 2.300, ``Scope of subpart
C,'' subpart C applies to all adjudications conducted under the
authority of the Atomic Energy Act of 1954, the Energy Reorganization
Act of 1974, and 10 CFR part 2, unless specifically stated otherwise.
Subpart C applies to formal adjudications conducted under subpart G,
and the provisions at 10 CFR 2.711(e) through (j) are duplicative to
those found at 10 CFR 2.337(a) through (f). As such, the provisions of
10 CFR 2.711(e) through (j) are unnecessary. The NRC is also making the
following conforming changes: add references to 10 CFR 2.337(a) through
(f) and 10 CFR 2.711(a) through (d) in 10 CFR 2.1000, and modifying 10
CFR 2.704(c)(3) to change the current reference from 10 CFR 2.711(e) to
10 CFR 2.337(a).
The NRC's regulations in 10 CFR part 14 set forth agency procedures
for administrative claims under the Federal Tort Claims Act (FTCA), 28
U.S.C. Chapter 171. The FTCA authorizes plaintiffs to obtain
compensation from the United States for the torts of its employees in
limited circumstances. Under 28 U.S.C. 2672, the Department of Justice
(DOJ) has the authority to issue implementing regulations for federal
agencies for administrative claims under the FTCA. DOJ's implementing
regulations can be found at 28 CFR parts 14 and 15.
The following 10 CFR part 14 sections are being removed:
10 CFR 14.1, ``Scope of regulations,'' specifically
subparagraph (d).
10 CFR 14.3, ``Limit on attorney fees; penalty.''
10 CFR 14.11, ``Who may file a claim.''
10 CFR 14.13, ``When a claim is presented to NRC.''
10 CFR 14.17, ``A claim must be presented to the
appropriate agency.''
10 CFR 14.19, ``When a claim is filed with more than one
agency.''
10 CFR 14.21, ``Filing a claim after an agency final
denial.''
10 CFR 14.23, ``Evidence and information to be
submitted.''
10 CFR 14.25, ``Amending a claim.''
10 CFR 14.27, ``Time limit.''
10 CFR 14.31, ``Investigation.''
10 CFR 14.35, ``Limitation on NRC's authority.''
10 CFR 14.37, ``Final denial of a claim.''
10 CFR 14.39, ``Reconsideration of a claim.''
10 CFR 14.41, ``Payment of approved claims.''
10 CFR 14.43, ``Acceptance of payment constitutes
release.''
10 CFR 14.51, ``Procedures when employee drivers are
sued.''
10 CFR 14.53, ``Scope of employment record.''
10 CFR 14.55, ``Removal of state court proceedings.''
10 CFR 14.57, ``Suit against United States exclusive
remedy.''
These regulations are duplicative of the FTCA and DOJ regulations
in 28 CFR parts 14 and 15 and are therefore unnecessary. The NRC is
retaining 10 CFR 14.1(a)-(c), 14.15, and 14.33. These regulations
supplement the DOJ regulations in accordance with 28 CFR 14.11, which
authorizes agencies to issue supplementary regulations and establish
procedures. The remaining regulations in 10 CFR part 14 provide NRC-
specific information on the scope of the regulations, how to submit a
claim to the agency, and the official who exercises the authority to
adjust, determine, compromise and settle a claim. No change in the
NRC's procedures for administrative tort claims will occur as a result
of these recissions because the FTCA and DOJ regulations governing
administrative tort claims are binding on the NRC.
IV. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities. This final rule would not affect any ``small entities'' as
defined by the Regulatory Flexibility Act or the size standards
established by the NRC (10 CFR 2.810).
V. Regulatory Analysis
The rulemaking would decrease costs by simplifying the regulations
in three ways: (1) removing provisions that duplicate provisions in the
FTCA or sections of 10 CFR and 28 CFR, (2) removing an unnecessary
provision that restates an established authority, and (3) removing a
provision that is inconsistent with statutory requirements. Removing
duplicated and unnecessary provisions will save labor required to
understand and comply with the regulations by providing a regulatory
code that is more streamlined and easier to read. These savings are
minor and difficult to accurately quantify, so the NRC did not
quantitatively assess these cost savings. The provision found to be
inconsistent with statutory requirements is 10 CFR 2.390(b)(4)(v),
which establishes a requirement for a statement of substantial
competitive harm. The cost impact of removing this requirement is a
minor reduction in the labor required for applicants and licensees
submitting requests to withhold information from public disclosure. The
NRC did not assess the value of this minor cost savings. No disbenefits
of not requiring this information were found. The information can be
provided voluntarily if submitters decide to do so, but the information
is no longer required. This section constitutes the regulatory analysis
of this action and no separate regulatory analysis was prepared for
this final rule.
VI. Backfitting and Issue Finality
The proposed changes to parts 2 and 14 in this final rule are
recissions, and thus do not impose new or revised requirements on
existing licensees or approval holders. Therefore, the changes do not
constitute backfitting or affect issue finality for any approvals
issued under part 52.
VII. Regulatory Planning and Review
Executive Order (E.O.) 12866
E.O. 12866, as amended by E.O. 14215, provides that the Office of
Information and Regulatory Affairs (OIRA) will determine whether a
regulatory action is significant as defined by E.O. 12866 and will
review significant regulatory actions. OIRA
[[Page 54227]]
determined that this final rule is not a significant regulatory action
under E.O. 12866.
Review Under E.O.s 14154, 14192, 14215, and 14300
NRC has examined this final rulemaking and has determined that it
is consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy,'' E.O. 14192, ``Unleashing Prosperity
Through Deregulation,'' E.O. 14215, ``Ensuring Accountability for All
Agencies,'' and E.O. 14300, ``Ordering the Reform of the Nuclear
Regulatory Commission.'' This final rule is considered an E.O. 14192
deregulatory action.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
IX. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
eligible for categorical exclusion because it meets criterion described
in 10 CFR 51.22(c)(1), which categorically excludes from environmental
review amendments to part 2, and it meets criterion described in 10 CFR
51.22(c)(2), which categorically excludes from environmental review
rules that are of a minor, nonpolicy nature. The action belongs to a
category of actions which the Commission, by rule or regulation, has
declared to be a categorical exclusion, after first finding that the
category of actions does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental impact statement nor environmental assessment has been
prepared for this final rule.
X. Paperwork Reduction Act
This final rule does not contain a collection of information as
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995.
XI. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has
found that it does not meet the criteria at 5 U.S.C. 804(2).
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Confidential business information,
Environmental protection, Freedom of information, Hazardous waste,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 14
Administrative practice and procedure, Claims, Tort claims.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR parts 2 and 14:
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81,
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201,
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j)
also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373
(28 U.S.C. 2461 note).
Sec. 2.301 [Removed and Reserved]
0
2. Remove and reserve Sec. 2.301.
0
3. In Sec. 2.390:
0
a. Revise and republish paragraphs (b)(4)(iii) and (iv); and
0
b. Remove paragraph (b)(4)(v).
The revisions read as follows:
Sec. 2.390 Public inspections, exemptions, requests for withholding.
* * * * *
(b) * * *
(4) * * *
(iii) Whether the information was transmitted to and received by
the Commission in confidence; and
(iv) Whether the information is available in public sources.
* * * * *
Sec. 2.704 [Amended]
0
4. In Sec. 2.704, in paragraph (c)(3), remove the reference ``Sec.
2.711(e)'' and add in its place the reference ``Sec. 2.337(a)''.
Sec. 2.711 [Amended]
0
5. In Sec. 2.711, remove paragraphs (e) through (j).
0
6. Revise Sec. 2.1000 to read as follows:
Sec. 2.1000 Scope of this subpart.
The rules in this subpart, together with the rules in subparts C
and G of this part, govern the procedure for an application for
authorization to construct a high-level radioactive waste repository at
a geologic repository operations area noticed under Sec. 2.101(f)(8)
or Sec. 2.105(a)(5), and for an application for a license to receive
and possess high-level radioactive waste at a geologic repository
operations area. The procedures in this subpart take precedence over
those in subpart C, except for the following provisions: Sec. Sec.
2.303; 2.307; 2.309; 2.312; 2.313; 2.314; 2.315; 2.316; 2.317(a);
2.318; 2.319; 2.320; 2.321; 2.322; 2.323; 2.324; 2.325; 2.326; 2.327;
2.328; 2.330; 2.331; 2.333; 2.335; 2.337(a) through (f); 2.338; 2.339;
2.342; 2.343; 2.344; 2.345; 2.346; 2.348; and 2.390. The procedures in
this subpart take precedence over those in subpart G, except for the
following provisions: Sec. Sec. 2.701, 2.702; 2.703; 2.708; 2.709;
2.710; 2.711(a) through (d); and 2.712.
PART 14--ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT
0
7. The authority citation for part 14 continues to read as follows:
Authority: 28 U.S.C. 2672, 2679; Atomic Energy Act of 1954, sec.
161 (42 U.S.C. 2201); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 28 CFR 14.11.
Sec. 14.1 [Amended]
0
8. In Sec. 14.1, remove paragraph (d).
Sec. 14.3 [Removed and Reserved]
0
9. Remove and reserve Sec. 14.3.
Sec. 14.11 [Removed and Reserved]
0
10. Remove and reserve Sec. 14.11.
Sec. 14.13 [Removed and Reserved]
0
11. Remove and reserve Sec. 14.13.
Sec. 14.17 [Removed and Reserved]
0
12. Remove and reserve Sec. 14.17.
Sec. 14.19 [Removed and Reserved]
0
13. Remove and reserve Sec. 14.19.
Sec. 14.21 [Removed and Reserved]
0
14. Remove and reserve Sec. 14.21.
[[Page 54228]]
Sec. 14.23 [Removed and Reserved]
0
15. Remove and reserve Sec. 14.23.
Sec. 14.25 [Removed and Reserved]
0
16. Remove and reserve Sec. 14.25.
Sec. 14.27 [Removed and Reserved]
0
17. Remove and reserve Sec. 14.27.
Sec. 14.31 [Removed and Reserved]
0
18. Remove and reserve Sec. 14.31.
Sec. 14.35 [Removed and Reserved]
0
19. Remove and reserve Sec. 14.35.
Sec. 14.37 [Removed and Reserved]
0
20. Remove and reserve Sec. 14.37.
Sec. 14.39 [Removed and Reserved]
0
21. Remove and reserve Sec. 14.39.
Sec. 14.41 [Removed and Reserved]
0
22. Remove and reserve Sec. 14.41.
Sec. 14.43 [Removed and Reserved]
0
23. Remove and reserve Sec. 14.43.
Subpart D [Removed and Reserved]
0
24. Remove and reserve subpart D, consisting of Sec. Sec. 14.51,
14.53, 14.55, and 14.57.
Dated: November 24, 2025.
For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2025-21305 Filed 11-25-25; 8:45 am]
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