[Federal Register Volume 90, Number 230 (Wednesday, December 3, 2025)]
[Rules and Regulations]
[Pages 55621-55634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21784]
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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. 230 / Wednesday, December 3, 2025 /
Rules and Regulations
[[Page 55621]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 19, 20, 21, 25, 26, 30, 31, 32, 34, 35, 36, 37, 39,
40, 50, 51, 52, 54, 55, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76,
81, 95, 110, 140, 150, 160, 170, and 171
[NRC-2025-0479]
RIN 3150-AL39
The Sunset Rule
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to insert a conditional sunset date into certain
regulations in response to Executive Order (E.O.) 14270, ``Zero-Based
Regulatory Budgeting to Unleash American Energy.''
DATES: The final rule is effective January 8, 2026, unless significant
adverse comments are received by January 2, 2026. If the direct final
rule is withdrawn as a result of such comments, timely notice of the
withdrawal will be published in the Federal Register. Comments received
on this direct final rule will also be considered to be comments on a
companion proposed rule published in the Proposed Rules section of this
issue of the Federal Register.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website (please choose only one of the ways listed):
Federal Rulemaking website: Electronically at https://www.regulations.gov. Follow the ``Submit a comment'' instructions. If
you are reading this document on federalregister.gov, you may use the
green ``SUBMIT A PUBLIC COMMENT'' button beneath this rulemaking's
title to submit a comment to the regulations.gov docket. 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.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff. Mailed comments must be received by the close of
the comment period.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal
workdays; telephone: 301-415-1677.
Do not include any personally identifiable information (such as
name, address, or other contact information) or confidential business
information that you do not want publicly disclosed. All comments are
public records; they are publicly displayed exactly as received, and
will not be deleted, modified, or redacted. Comments may be submitted
anonymously.
Follow the search instructions on https://www.regulations.gov to
view public comments.
You can read a plain language description of this rule at https://www.regulations.gov/docket/NRC-2025-0479. For additional direction on
obtaining information and submitting comments, see ``Obtaining
Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Maxwell C. Smith, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
1856, email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act Statement
XI. Regulatory Planning and Review
XII. Congressional Review Act
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-0479 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: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0479.
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 Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 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.
B. Submitting Comments
The NRC encourages timely electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2025-0479 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
[[Page 55622]]
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
The NRC uses the ``direct final rule procedure'' for rulemaking
when the NRC anticipates the rule is unlikely to attract significant
adverse comment because the rule is non-controversial. As explained
further, this rulemaking would add a ``sunsetting clause'' to certain
regulations many of which are outdated, seldomly used, or duplicative
with other regulations. Moreover, the NRC will provide the public with
an opportunity to provide additional information on whether the
sunsetting provision should be extended for these provisions at a
future time as well as provide Tribal consultation opportunities in
compliance with NRC's Tribal Policy Statement (82 FR 2402; January 9,
2017). Therefore, because the NRC does not anticipate significant
public comments on this rulemaking and considers it to be
noncontroversial, the NRC is using the ``direct final rule procedure''
for this rule. The amendments are effective on January 8, 2026.
However, if the NRC receives significant adverse comments on this
direct final rule by January 2, 2026, then the NRC will publish a
document that withdraws this action and will address the comments
received in a subsequent final rule as a response to the companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register or take other action as appropriate. Absent
significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change.\1\ A comment is adverse and significant
if:
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\1\ Administrative Conference of the United States, Adoption of
Recommendations, (60 FR 43108-43111; August 18, 1995).
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(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule.
For detailed instructions on filing comments, please see the
ADDRESSES section of this document.
III. Background
Executive Order (E.O.) 14270, ``Zero-Based Regulatory Budgeting to
Unleash American Energy,'' directs the NRC to issue a rule inserting a
conditional sunset date into each of its regulations that are in effect
as of the date of the E.O. (90 FR 15643; April 9, 2025) and were issued
in whole or in part pursuant to the following statutes, as amended: the
Atomic Energy Act of 1954, the Energy Reorganization Act of 1974, and
the Nuclear Waste Policy Act of 1982. The conditional sunset date for
covered regulations is to be one year after the effective date of the
sunset rule. The E.O. directs the NRC to issue a sunset rule ``to the
extent consistent with applicable law'' and provides that the E.O. does
not apply to ``regulatory permitting regimes authorized by statute.''
For purposes of implementing this E.O., regulations that provide
standards and requirements for NRC license and permit holders or
applicants constitute the NRC's ``regulatory permitting regime.'' Thus,
the scope of this rulemaking is generally limited to those regulations
that do not fit into one or more of the following three categories: (1)
regulations that could not be sunset ``consistent with applicable law''
because they are necessary to fulfill the NRC's statutory mandate to
provide for the common defense and security and to protect public
health and safety; (2) regulations that are part of the NRC's
``regulatory permitting regimes authorized by statute''; or (3)
regulations that do not implement one of the three NRC-specific
statutes identified in the E.O. (i.e., regulations that implement
government-wide requirements such as the Freedom of Information Act of
1969). The vast majority of the NRC's regulations fit into one of these
three categories. Nonetheless, the NRC identified several regulations
that although they fall into one or more of these categories and are
therefore outside the scope of the E.O., they are not being used or no
longer serve their original purpose. As explained in section IV,
``Discussion,'' of this document, the NRC will add a sunsetting
provision to those regulations. Importantly, the NRC is continuing its
regulatory reform efforts through the rulemaking activities directed by
E.O. 14300, ``Ordering the Reform of the Nuclear Regulation
Commission.''
As stated in E.O. 14270, the sunsetting provision will state a
conditional sunset date that is one year after the effective date of
this rule and provide that the NRC will offer the public an opportunity
to comment on the costs and benefits of the regulations to be
conditionally sunset before that effective date. The NRC will issue a
separate notice describing the comment opportunity after this rule is
effective. Following the sunset date, the NRC will consider sunset
regulations to no longer be effective, will not seek to enforce sunset
regulations, and will remove the regulation from the Code of Federal
Regulations and make necessary conforming changes. However, following
the opportunity for the public to comment on the sunset rule's costs
and benefits, the NRC may extend the conditional sunsetting date if
warranted and may do so as many times as appropriate.
IV. Discussion
The NRC will include the sunsetting provision in the following
regulations for the reasons explained below.
The President has directed the NRC to issue this proposed zero-
based regulating rule. Section 4(a) of E.O. 14270 states that ``each of
the Covered Agencies shall issue a sunset rule,'' and further specifies
the terms of that rule. Accordingly, the NRC lacks any discretion over
whether to undertake this sunsetting rule. The President's direction
provides an independent, and sufficient, justification for this
proposed rulemaking. However, the Executive Order does not direct the
NRC to rescind or reissue any particular regulation. The NRC retains
its full authority to issue and repeal regulations under the three
relevant statutes and their amendments. The President has directed only
the manner in which the NRC is to review and issue the relevant
regulations.
[[Page 55623]]
Moreover, as reflected by the Nuclear Energy Innovation and
Modernization Act (NEIMA) (Pub. L. 115-439), the Accelerating
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024
(Pub. L. 118-67), and E.O. 14300, nuclear technology is quickly
evolving. The sunsetting provisions in this rulemaking will enable the
NRC's regulatory infrastructure to keep pace with those developments by
requiring the agency to periodically reevaluate its regulations and
remove those that are no longer necessary. Thus, outside of the
directions in E.O. 14270, the NRC concludes that adopting the proposed
sunset rule is warranted and based on its independent policy judgment,
as further explained in greater detail, will add to the efficacy of its
regulatory oversight by adding a mechanism to periodically streamline
the NRC's regulatory infrastructure.
Future Rulemakings
Executive Order 14270 also directs the NRC to include a sunsetting
provision in future rulemakings that would be covered by the E.O.
Therefore, the NRC would also add a new provision to 10 CFR 2.807,
``Effective date,'' specifying the circumstances in which regulations
adopted by the NRC after the effective date of this rulemaking would
include a sunsetting provision.
Early Review of Site Suitability Issues
Subpart F to part 2, ``Additional Procedures Applicable to Early
Partial Decisions on Site Suitability Issues in Connection With an
Application for a Construction Permit or Combined License To Construct
Certain Utilization Facilities; and Advance Issuance of Limited Work
Authorizations,'' of title 10 of the Code of Federal Regulations (10
CFR), provides special procedures for a hearing and the issuance of a
partial decision on site suitability matters for which an applicant
seeks early resolution. While these provisions constitute part of the
NRC's permitting regime authorized by statute, they are no longer
needed. Despite being updated to reflect the amendments made in the
final rule to 10 CFR part 52, ``Licenses, Certifications, and Approvals
for Nuclear Power Plants'' (72 FR 49352; August 28, 2007), these
procedures were last used in the 1970s.\2\ Moreover, industry
stakeholders do not appear to have any immediate plans to use them. In
the preamble to the proposed rule, ``Risk-Informed, Technology-
Inclusive Regulatory Framework for Advanced Reactors'' (89 FR 86918;
October 31, 2024), the staff observed, ``[i]nteractions with external
stakeholders during the development of the proposed rule did not
identify significant interest in or need for including the process for
early review of site suitability issues in part 53[,''Risk-Informed,
Technology-Inclusive Regulatory Framework for Commercial Nuclear
Plants''].'' A sunset date will allow these unused regulations to roll
off the books. At the same time, if evidence emerges in the interim
indicating a continued need for these regulations, the agency can
extend the sunset date as appropriate.
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\2\ E.g., Commonwealth Edison (Carroll County Site), ALAB-601,
12 NRC 18, 27 (1980).
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Oral Hearings
Subpart N of 10 CFR part 2, ``Expedited Proceedings with Oral
Hearings,'' is a specialized hearing track that contains the NRC's
``fast track'' hearing procedures intended to provide for the
expeditious resolution of issues in cases where contentions are few and
not complex. These procedures can be used if all parties agree (see 10
CFR 2.310, ``Selection of hearing procedures''). They have not been
used to date. While these provisions constitute part of the NRC's
permitting regime authorized by statute, they are no longer needed. A
sunset date will allow these unused regulations to roll off the books.
At the same time, if evidence emerges in the interim indicating a
continued need for these regulations, the agency can extend the sunset
date as appropriate.
Legislative Hearings
Subpart O of 10 CFR part 2, ``Legislative Hearings,'' provides for
procedures to be used if the Commission decides to hold legislative
hearings for design certification rulemakings where the Commission, at
its discretion, determined to hold a hearing under 10 CFR 52.51(b). The
procedures also can be used at the Commission's discretion in
developing a record to assist in resolving a waiver petition filed
under paragraph (b) of 10 CFR 2.335, ``Consideration of Commission
rules and regulations in adjudicatory proceedings.'' Subpart O
procedures have never been used. While these provisions constitute part
of the NRC's permitting regime authorized by statute, they are no
longer needed. A sunset date will allow these unused regulations to
roll off the books. At the same time, if evidence emerges in the
interim indicating a continued need for these regulations, the agency
can extend the sunset date as appropriate.
Fitness-for-Duty Licensee Testing Facilities
Subpart F of 10 CFR part 26, ``Licensee Testing Facilities,''
provides requirements for fitness-for-duty testing facilities. No
licensee fitness-for-duty programs currently use subpart F licensee
testing facilities because these facilities are no longer cost-
beneficial for licensees. The marketplace offers a more efficient and
cost-effective alternative: submitting specimens for testing to a
laboratory that is certified to meet the standards of the U.S.
Department of Health and Human Services, ``Mandatory Guidelines for
Federal Workplace Drug Testing Programs'' (88 FR 70768; October 12,
2023). While these provisions constitute part of the NRC's permitting
regime authorized by statute and at one time played a role in assuring
adequate protection of public health and safety, they are no longer
needed. A sunset date will allow these outdated regulations to roll off
the books. At the same time, if evidence emerges in the interim
indicating a continued need for these regulations, the agency can
extend the sunset date as appropriate.
Duplicative Regulations in 10 CFR Parts 31, 32, 34, 35, 36, and 39
The regulations at 10 CFR 31.21, ``Maintenance of records,'' 10 CFR
32.3, ``Maintenance of records,'' 10 CFR 34.87, ``Form of records,''
and 10 CFR 35.5, ``Maintenance of records,'' are duplicative of 10 CFR
30.51, ``Records,'' which covers 10 CFR part 31, ``General Domestic
Licenses for Byproduct Material,'' 10 CFR part 32, ``Specific Domestic
Licenses to Manufacture or Transfer Certain Items Containing Byproduct
Material,'' 10 CFR part 34, ``Licenses for Industrial Radiography and
Radiation Safety Requirements for Industrial Radiographic Operations,''
and 10 CFR part 35, ``Medical Use of Byproduct Material.'' In addition,
10 CFR 34.111, ``Applications for exemptions,'' 10 CFR 35.19,
``Specific exemptions,'' paragraph (a) of 10 CFR 36.17, ``Applications
for exemptions,'' and 10 CFR 39.91, ``Applications for exemptions,''
are duplicative of 10 CFR 30.11, ``Specific exemptions,'' which covers
10 CFR part 34, 10 CFR part 35, 10 CFR part 36, ``Licenses and
Radiation Safety Requirements for Irradiators,'' and 10 CFR part 39,
``Licenses and Radiation Safety Requirements for Well Logging.'' While
these provisions constitute part of the NRC's permitting regime
authorized by statute and at one time played a role in assuring
adequate protection of public health and safety, they are no longer
needed. A sunset date
[[Page 55624]]
will allow these duplicative regulations to roll off the books. At the
same time, if evidence emerges in the interim indicating a continued
need for these regulations, the agency can extend the sunset date as
appropriate.
The Aircraft Impact Assessment Rule
The regulations in 10 CFR 50.150, ``Aircraft impact assessment,''
are safety enhancements that are not necessary for the NRC to meet its
statutory mission under the Atomic Energy Act of 1954 to provide
reasonable assurance of adequate protection from radiological hazards.
When the rule was promulgated, the NRC quantified the costs of the rule
but did not quantify the benefits and concluded that the key
qualitative benefit of the rule was an ``improvement in knowledge'' of
how a new reactor would address beyond-design-basis hazards, such as a
deliberate large aircraft impact. At the time, the NRC concluded that
qualitative benefits outweighed the cost of the rule. However, if
reconsidered today, the cost of implementation would not be justified
by the increase in safety for future reactors. Other more recently
developed regulations (i.e., 10 CFR 50.155, ``Mitigation of beyond-
design-basis events,'' and proposed 10 CFR part 53) provide alternative
approaches to understand how newly licensed plants would address those
beyond-design-basis hazards. Because the analyses required by this
regulation are incorporated into plants' licensing bases and are now
required by other more comprehensive regulations, sunsetting this
provision will not decrease safety at any operating facility. Thus,
while this provision constituted part of the NRC's permitting regime
authorized by statute, it is no longer needed. A sunset date will allow
this outdated and duplicative regulation to roll off the books. At the
same time, if evidence emerges in the interim indicating a continued
need for this regulation, the agency can extend the sunset date as
appropriate.
Appendix Q to 10 CFR Part 50
Appendix Q to 10 CFR part 50, ``Pre-Application Early Review of
Site Suitability Issues,'' provides for NRC staff issuance of a staff
site report on site suitability issues with respect to a specific site
for which a potential applicant seeks the NRC staff's views. The staff
site report is issued after receiving and considering the comments of
Federal, State, and local agencies and interested persons, as well as
the views of the Advisory Committee on Reactor Safeguards, but only if
site safety issues are raised. The staff site report does not bind the
Commission or a presiding officer in any hearing under 10 CFR part 2,
``Agency Rules of Practice and Procedure.'' This process was not
included in 10 CFR part 52 because it was not needed due to the early
site permit process in subpart A of 10 CFR part 52, ``Early Site
Permits.'' Similarly, it was not included in the proposed 10 CFR part
53. Given its limited value, appendix Q should be sunsetted. The
downside is that removal of this regulation could remove some
flexibility to part 50, ``Domestic Licensing of Production and
Utilization Facilities,'' applicants to potentially address regulatory
issues related to siting, such as seismic hazards, emergency planning,
and environmental considerations early in the process; however, the
benefits afforded by the staff site report could be covered in pre-
application interactions through issuance of white paper or topical
report feedback. Moreover, applicants for licenses and permits under
part 50 may also apply for an Early Site Permit under part 52. Thus,
while this provision constituted part of the NRC's permitting regime
authorized by statute, it is no longer needed. A sunset date will allow
this unused regulation to roll off the books. At the same time, if
evidence emerges in the interim indicating a continued need for this
regulation, the agency can extend the sunset date as appropriate.
Commenting on Other Agencies' Environmental Impact Statements
The regulation in 10 CFR 51.124, ``Commission duty to comment,''
states the NRC's policy to provide comments on draft environmental
impact statements prepared by other Federal agencies. However, the
regulation is not needed because it only states a policy; the NRC has
authority to provide comments on draft environmental impact statements
from other Federal agencies independent of the operation of 10 CFR
51.124. Thus, while this provision was not promulgated under one of the
three statutes identified in E.O. 14270, it is no longer needed. A
sunset date will allow this unnecessary regulation to roll off the
books. At the same time, if evidence emerges in the interim indicating
a continued need for this regulation, the agency can extend the sunset
date as appropriate.
10 CFR Part 76--Certification of Gaseous Diffusion Plants
The NRC has not issued a certification under 10 CFR part 76,
``Certification of Gaseous Diffusion Plants,'' since 1996 and does not
expect to issue another one because gaseous diffusion technology is now
obsolete. While these provisions constitute part of the NRC's
permitting regime authorized by statute and at one time played a role
in assuring adequate protection of public health and safety, they are
no longer needed. A sunset date will allow these outdated regulations
to roll off the books. At the same time, if evidence emerges in the
interim indicating a continued need for these regulations, the agency
can extend the sunset date as appropriate.
10 CFR Part 160--Trespassing on Commission Property
The regulations in 10 CFR part 160, ``Trespassing on Commission
Property,'' are unnecessary because the General Services Administration
regulations and notices currently on the NRC's facilities provide
adequate warning to the public against trespassing, which is also
covered under State laws. These regulations promulgated under the
Atomic Energy Act are not part of the NRC's regulatory permitting
regime and are not statutorily required. A sunset date will allow these
duplicative regulations to roll off the books. At the same time, if
evidence emerges in the interim indicating a continued need for these
regulations, the agency can extend the sunset date as appropriate.
Written Interpretations by the General Counsel
The regulations in 10 CFR 19.4, 20.1006, 21.4, 25.7, 26.7, 30.5,
34.5, 36.5, 37.9, 39.5, 40.6, 50.3, 51.5, 52.2, 54.5, 55.6, 60.5, 61.5,
62.4, 63.5, 70.6, 71.2, 72.5, 73.3, 74.5, 75.5, 81.4, 95.7, 110.3,
140.4, 150.5, 170.4, and 171.7 state that no interpretation of the
meaning of NRC regulations are to be considered binding on the
Commission, other than a written interpretation by the General Counsel.
Some of these provisions were part of the original rulemakings for
these parts.\3\ No explanations for including these provisions were
provided in the proposed or final rules. Usage or reliance on these
provisions has historically been rare. There is also considerable doubt
that the General Counsel, as an inferior officer, can bind the
Commission on a question of law. These regulations promulgated under
the Atomic Energy Act are not part of the NRC's regulatory permitting
regime and are not statutorily required. A sunset date will allow these
seldomly used regulations to roll off the books. At the same time, if
evidence emerges in the interim indicating a continued need
[[Page 55625]]
for these regulations, the agency can extend the sunset date as
appropriate.
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\3\ For example, the 10 CFR part 50 Interpretation provision
first appeared in a 1947 final rule (12 FR 7651; November 18, 1947).
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V. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this rule does not have a significant economic impact on
a substantial number of small entities. The substantive portions of
this final rule affect only the licensing and operation of nuclear
power plants. The companies that own these plants do not fall within
the scope of the definition of ``small entities'' set forth in the
Regulatory Flexibility Act or the size standards established by the NRC
(10 CFR 2.810).
VI. Regulatory Analysis
Because the sunset rule is needed to implement E.O. 14270, and this
rulemaking is an administrative activity, the NRC did not prepare a
regulatory analysis.
VII. Backfitting and Issue Finality
The sunset rule would not constitute backfitting as that term is
defined in 10 CFR 50.109, ``Backfitting,'' or affect the issue finality
of an approval issued under 10 CFR part 52. As a general matter,
eliminating a requirement does not meet the definition of
``backfitting'' because such an act by the NRC would be a nonmandatory
relaxation of an existing requirement. For the same reason, the
elimination of a requirement would not affect the issue finality of a
10 CFR part 52 approval.
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
described in 10 CFR 51.22(c)(2), which categorically excludes from
environmental review rules that are corrective or of a minor, nonpolicy
nature and do not substantially modify existing regulations. 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. Regulatory Planning and Review
Executive Order (E.O.) 12866
The Office of Information and Regulatory Affairs (OIRA) has
determined that this direct final rule is a significant regulatory
action. Accordingly, NRC submitted this direct final rule to OIRA for
review. The NRC is required to conduct an economic analysis in
accordance with section 6(a)(3)(B) of E.O. 12866. However, NRC
considers the costs incurred by this rule to be solely those related to
the rulemaking process for this administrative activity.
Review Under E.O.s 14154, 14192, 14215, and 14300
The NRC has examined this direct final rule 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 direct final rule is considered
an E.O. 14192 deregulatory action.
XII. Congressional Review Act
This direct final rule is a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808). However, the Office of Management and
Budget has found 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 19
Criminal penalties, Environmental protection, Nuclear energy,
Nuclear materials, Nuclear power plants and reactors, Occupational
safety and health, Penalties, Radiation protection, Reporting and
recordkeeping requirements, Sex discrimination.
10 CFR Part 20
Byproduct material, Criminal penalties, Fusion, Hazardous waste,
Licensed material, Nuclear energy, Nuclear materials, Nuclear power
plants and reactors, Occupational safety and health, Packaging and
containers, Penalties, Radiation protection, Reporting and
recordkeeping requirements, Source material, Special nuclear material,
Waste treatment and disposal.
10 CFR Part 21
Nuclear power plants and reactors, Penalties, Radiation protection,
Reporting and recordkeeping requirements.
10 CFR Part 25
Classified information, Criminal penalties, Investigations,
Penalties, Reporting and recordkeeping requirements, Security measures.
10 CFR Part 26
Administrative practice and procedure, Alcohol abuse, Alcohol
testing, Appeals, Drug abuse, Drug testing, Employee assistance
programs, Fitness for duty, Management actions, Nuclear power plants
and reactors, Privacy, Protection of information, Radiation protection,
Reporting and recordkeeping requirements.
10 CFR Part 30
Byproduct material, Criminal penalties, Fusion, Government
contracts, Intergovernmental relations, Isotopes, Nuclear energy,
Nuclear materials, Penalties, Radiation protection, Reporting and
recordkeeping requirements, Whistleblowing.
10 CFR Part 31
Byproduct material, Criminal penalties, Labeling, Nuclear energy,
Nuclear materials, Packaging and containers, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Scientific
equipment.
10 CFR Part 32
Byproduct material, Criminal penalties, Labeling, Nuclear energy,
Nuclear materials, Radiation protection, Reporting and recordkeeping
requirements.
10 CFR Part 34
Criminal penalties, Manpower training programs, Occupational safety
and health, Packaging and containers, Penalties, Radiation protection,
Radiography, Reporting and recordkeeping requirements, Scientific
equipment, Security measures, X-rays.
[[Page 55626]]
10 CFR Part 35
Biologics, Byproduct material, Criminal penalties, Drugs, Health
facilities, Health professions, Labeling, Medical devices, Nuclear
energy, Nuclear materials, Occupational safety and health, Penalties,
Radiation protection, Reporting and recordkeeping requirements.
10 CFR Part 36
Byproduct material, Criminal penalties, Nuclear energy, Nuclear
materials, Radiation protection, Reporting and recordkeeping
requirements, Scientific equipment, Security measures.
10 CFR Part 37
Byproduct material, Criminal penalties, Exports, Hazardous
materials transportation, Imports, Licensed material, Nuclear
materials, Penalties, Radioactive materials, Reporting and
recordkeeping requirements, Security measures.
10 CFR Part 39
Byproduct material, Criminal penalties, Labeling, Nuclear energy,
Nuclear material, Occupational safety and health, Oil and gas
exploration--well logging, Penalties, Radiation protection, Reporting
and recordkeeping requirements, Scientific equipment, Security
measures, Source material, Special nuclear material.
10 CFR Part 40
Criminal penalties, Exports, Government contracts, Hazardous
materials transportation, Hazardous waste, Nuclear energy, Nuclear
materials, Penalties, Reporting and recordkeeping requirements, Source
material, Uranium, Whistleblowing.
10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, Fire prevention, Fire protection, Intergovernmental
relations, Nuclear power plants and reactors, Penalties, Radiation
protection, Reactor siting criteria, Reporting and recordkeeping
requirements, Whistleblowing.
10 CFR Part 51
Administrative practice and procedure, Environmental impact
statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear
power plants and reactors, Reporting and recordkeeping requirements.
10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Inspection, Issue
finality, Limited work authorization, Manufacturing license, Nuclear
power plants and reactors, Probabilistic risk assessment, Prototype,
Reactor siting criteria, Redress of site, Penalties, Reporting and
recordkeeping requirements, Standard design, Standard design
certification.
10 CFR Part 54
Administrative practice and procedure, Age-related degradation,
Backfitting, Classified information, Criminal penalties, Environmental
protection, Nuclear power plants and reactors, Penalties, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 55
Criminal penalties, Manpower training programs, Nuclear power
plants and reactors, Penalties, Reporting and recordkeeping
requirements.
10 CFR Part 60
Criminal penalties, Hazardous waste, Indians, High-level waste,
Intergovernmental relations, Nuclear energy, Nuclear materials, Nuclear
power plants and reactors, Penalties, Radiation protection, Reporting
and recordkeeping requirements, Waste treatment and disposal,
Whistleblowing.
10 CFR Part 61
Criminal penalties, Hazardous waste, Indians, Intergovernmental
relations, Low-level waste, Nuclear energy, Nuclear materials,
Penalties, Reporting and recordkeeping requirements, Waste treatment
and disposal, Whistleblowing.
10 CFR Part 62
Administrative practice and procedure, Denial of access, Emergency
access to low-level waste disposal, Hazardous waste, Intergovernmental
relations, Low-level radioactive waste, Low-level radioactive waste
treatment and disposal, Nuclear energy, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 63
Criminal penalties, Hazardous waste, High-level waste, Indians,
Intergovernmental relations, Nuclear energy, Nuclear power plants and
reactors, Penalties, Radiation protection, Reporting and recordkeeping
requirements, Waste treatment and disposal.
10 CFR Part 70
Classified information, Criminal penalties, Emergency medical
services, Hazardous materials transportation, Material control and
accounting, Nuclear energy, Nuclear materials, Packaging and
containers, Penalties, Radiation protection, Reporting and
recordkeeping requirements, Scientific equipment, Security measures,
Special nuclear material, Whistleblowing.
10 CFR Part 71
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Packaging and
containers, Penalties, Radioactive materials, Reporting and
recordkeeping requirements.
10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
10 CFR Part 73
Criminal penalties, Exports, Hazardous materials transportation,
Imports, Nuclear energy, Nuclear materials, Nuclear power plants and
reactors, Penalties, Reporting and recordkeeping requirements, Security
measures.
10 CFR Part 74
Accounting, Criminal penalties, Hazardous materials transportation,
Material control and accounting, Nuclear energy, Nuclear materials,
Packaging and containers, Penalties, Radiation protection, Reporting
and recordkeeping requirements, Scientific equipment, Special nuclear
material.
10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear energy,
Nuclear materials, Nuclear power plants and reactors, Penalties,
Reporting and recordkeeping requirements, Security measures, Treaties.
10 CFR Part 76
Certification, Criminal penalties, Nuclear energy, Penalties,
Radiation protection, Reporting and record keeping requirements,
Security measures, Special nuclear material, Uranium, Uranium
enrichment by gaseous diffusion.
10 CFR Part 81
Administrative practice and procedure, Inventions and patents,
[[Page 55627]]
Reporting and recordkeeping requirements.
10 CFR Part 95
Classified information, Criminal penalties, Penalties, Reporting
and recordkeeping requirements, Security measures.
10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Exports, Imports, Intergovernmental relations,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Scientific
equipment.
10 CFR Part 140
Insurance, Intergovernmental relations, Nuclear materials, Nuclear
power plants and reactors, Penalties, Reporting and recordkeeping
requirements.
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear energy, Nuclear materials,
Penalties, Reporting and recordkeeping requirements, Security measures,
Source material, Special nuclear material.
10 CFR Part 160
Federal buildings and facilities, Penalties, Security measures.
10 CFR Part 170
Byproduct material, Import and export licenses, Intergovernmental
relations, Non-payment penalties, Nuclear energy, Nuclear materials,
Nuclear power plants and reactors, Source material, Special nuclear
material.
10 CFR Part 171
Annual charges, Approvals, Byproduct material, Holders of
certificates, Intergovernmental relations, Nonpayment penalties,
Nuclear materials, Nuclear power plants and reactors, Registrations,
Source material, Special nuclear material.
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, 19, 20, 21, 25, 26, 30, 31,
32, 34, 35, 36, 37, 39, 40, 50, 51, 52, 54, 55, 60, 61, 62, 63, 70, 71,
72, 73, 74, 75, 76, 81, 95, 110, 140, 150, 160, 170, and 171.
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).
0
2. In Sec. 2.600, add paragraph (e) to read as follows:
Sec. 2.600 Scope of subpart.
* * * * *
(e) This section and Sec. Sec. 2.601 through 2.629 shall cease to
have effect on January 8, 2027, unless the NRC determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of these sections and considering that input.
The NRC will publish a document in the Federal Register announcing its
determination and revising or removing this paragraph (e) accordingly.
0
3. Revise Sec. 2.807 to read as follows:
Sec. 2.807 Effective date and sunsetting.
(a) The notice of adoption of a regulation will specify the
effective date. Publication or service of the notice and regulation,
other than one granting or recognizing exemptions or relieving from
restrictions, will be made not less than thirty (30) days prior to the
effective date unless the Commission directs otherwise on good cause
found and published in the notice of rulemaking.
(b) All regulations promulgated after January 8, 2026, under the
authority of the Atomic Energy Act of 1954, the Energy Reorganization
Act of 1974, or the Nuclear Waste Policy Act of 1982 that are not
required by statute or not part of a regulatory permitting regime
authorized by statute, will include a conditional sunset date that will
not be more than 5 years in the future from the effective date of the
regulation.
0
4. In Sec. 2.1400, add two sentences at the end of the paragraph to
read as follows:
Sec. 2.1400 Purpose and scope of this subpart.
* * * This subpart shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this subpart and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
5. In Sec. 2.1500, add paragraph (c) to read as follows:
Sec. 2.1500 Purpose and scope.
* * * * *
(c) This subpart shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this subpart and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this paragraph (c) accordingly.
PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION
AND INVESTIGATIONS
0
6. The authority citation for part 19 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 63, 81, 103,
104, 161, 223, 234, 1701 (42 U.S.C. 2073, 2093, 2111, 2133, 2134,
2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs.
201, 211, 401 (42 U.S.C. 5841, 5851, 5891); 44 U.S.C. 3504 note.
0
7. In Sec. 19.4, add two sentences at the end of the paragraph to read
as follows:
Sec. 19.4 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
0
8. The authority citation for part 20 continues to read as follows:
[[Page 55628]]
Authority: Atomic Energy Act of 1954, secs. 11, 53, 63, 65, 81,
103, 104, 161, 170H, 182, 186, 223, 234, 274, 1701 (42 U.S.C. 2014,
2073, 2093, 2095, 2111, 2133, 2134, 2201, 2210h, 2232, 2236, 2273,
2282, 2021, 2297f); Energy Reorganization Act of 1974, secs. 201,
202 (42 U.S.C. 5841, 5842); Low-Level Radioactive Waste Policy
Amendments Act of 1985, sec. 2 (42 U.S.C. 2021b); 44 U.S.C. 3504
note.
0
9. In Sec. 20.1006, add two sentences at the end of the paragraph to
read as follows:
Sec. 20.1006 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 21--REPORTING OF DEFECTS AND NONCOMPLIANCE
0
10. The authority citation for part 21 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 63, 81, 103,
104, 161, 223, 234, 1701 (42 U.S.C. 2073, 2093, 2111, 2133, 2134,
2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs.
201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982,
secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
0
11. In Sec. 21.4, add two sentences at the end of the paragraph to
read as follows:
Sec. 21.4 Interpretations.
* * * This section shall cease to have effect on January 8, 2027
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 25--ACCESS AUTHORIZATION
0
12. The authority citation for part 25 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234
(42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note; E.O. 10865, 25
FR 1583, as amended, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12829, 58
FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR,
2009 Comp., p. 298; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p.
391.
Section 25.17(f) and Appendix A also issued under 31 U.S.C. 9701;
42 U.S.C. 2214.
0
13. In Sec. 25.7, add two sentences at the end of the paragraph to
read as follows:
Sec. 25.7 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 26--FITNESS FOR DUTY PROGRAMS
0
14. The authority citation for part 26 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 103, 104, 107,
161, 223, 234, 1701 (42 U.S.C. 2073, 2133, 2134, 2137, 2201, 2273,
2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
0
15. In Sec. 26.7, add a two sentences at the end of the paragraph to
read as follows:
Sec. 26.7 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
16. In Sec. 26.121, add two sentences at the end of the paragraph to
read as follows:
Sec. 26.121 Purpose.
* * * This subpart shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this subpart and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this subpart accordingly.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
0
17. The authority citation for part 30 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 81, 161, 181,
182, 183, 184, 186, 187, 223, 234, 274 (42 U.S.C. 2014, 2111, 2201,
2231, 2232, 2233, 2234, 2236, 2237, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.
0
18. In Sec. 30.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 30.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 31--GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL
0
19. The authority citation for part 31 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 183, 223,
234, 274 (42 U.S.C. 2111, 2201, 2233, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206 (42 U.S.C. 5841,
5842, 5846); 44 U.S.C. 3504 note.
0
20. In Sec. 31.21, add two sentences at the end of the paragraph to
read as follows:
Sec. 31.21 Maintenance of records.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
[[Page 55629]]
PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
0
21. The authority citation for part 32 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 170H, 181,
182, 183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2210h, 2231, 2232,
2233, 2273, 2282, 2021); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 44 U.S.C. 3504 note.
0
22. In Sec. 32.3, add two sentences at the end of the paragraph to
read as follows:
Sec. 32.3 Maintenance of records.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 34--LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY
REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS
0
23. The authority citation for part 34 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182,
183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273,
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42
U.S.C. 5841, 5846); 44 U.S.C. 3504 note.
0
24. In Sec. 34.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 34.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
25. In Sec. 34.87, add two sentences at the end of the paragraph to
read as follows:
Sec. 34.87 Form of records.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
26. In Sec. 34.111 add two sentences at the end of the paragraph to
read as follows:
Sec. 34.111 Applications for exemptions.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 35--MEDICAL USE OF BYPRODUCT MATERIAL
0
27. The authority citation for part 35 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182,
183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273,
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42
U.S.C. 5841, 5846); 44 U.S.C. 3504 note.
0
28. In Sec. 35.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 35.5 Maintenance of records.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
29. In Sec. 35.19, add two sentences at the end of the paragraph to
read as follows:
Sec. 35.19 Specific exemptions.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 36--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS
0
30. The authority citation for part 36 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182,
183, 223, 234, 274 (42 U.S.C. 2111, 2112, 2201, 2231, 2233, 2273,
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42
U.S.C. 5841, 5846); 44 U.S.C. 3504 note.
0
31. In Sec. 36.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 36.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
32. In Sec. 36.17, add two sentences at the end of paragraph (a) to
read as follows:
Sec. 36.17 Applications for exemptions.
(a) * * * This paragraph (a) shall cease to have effect on January
8, 2027, unless the NRC determines that the cessation deadline should
be extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this paragraph (a) and considering that input. The NRC will
publish a document in the Federal Register announcing its determination
and revising or removing this paragraph (a) accordingly.
* * * * *
PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY QUANTITIES
OF RADIOACTIVE MATERIAL
0
33. The authority citation for part 37 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 103,
104, 147, 148, 149, 161, 182, 183, 223, 234, 274 (42 U.S.C. 2014,
2073, 2111, 2133, 2134, 2167, 2168, 2169, 2201, 2232, 2233, 2273,
2282, 2021); Energy
[[Page 55630]]
Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842);
44 U.S.C. 3504 note.
0
34. In Sec. 37.9, add two sentences at the end of the paragraph to
read as follows:
Sec. 37.9 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 39--LICENSE AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING
0
35. The authority citation for part 39 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 65,
69, 81, 161, 181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092,
2093, 2095, 2099, 2111, 2112, 2201, 2232, 2233, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
44 U.S.C. 3504 note.
0
36. In Sec. 39.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 39.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
37. In Sec. 39.91, add two sentences at the end of the paragraph to
read as follows:
Sec. 39.91 Applications for exemptions.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
38. The authority citation for part 40 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 62, 63, 64, 65, 69,
81, 83, 84, 122, 161, 181, 182, 183, 184, 186, 187, 193, 223, 234,
274, 275 (42 U.S.C. 2092, 2093, 2094, 2095, 2099, 2111, 2113, 2114,
2152, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2243, 2273, 2282,
2021, 2022); Energy Reorganization Act of 1974, secs. 201, 202, 206,
211 (42 U.S.C. 5841, 5842, 5846, 5851); Uranium Mill Tailings
Radiation Control Act of 1978, sec. 104 (42 U.S.C. 7914); 44 U.S.C.
3504 note.
0
39. In Sec. 40.6, add two sentences at the end of the paragraph to
read as follows:
Sec. 40.6 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
40. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.
0
41. In Sec. 50.3, add two sentences at the end of the paragraph to
read as follows:
Sec. 50.3 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
42. In Sec. 50.150, add paragraph (d) to read as follows:
Sec. 50.150 Aircraft impact assessment.
* * * * *
(d) Sunsetting provisions. This section shall cease to have effect
on January 8, 2027, unless the NRC determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this section and considering that input. The NRC
will publish a document in the Federal Register announcing its
determination and revising or removing this section accordingly.
0
43. In appendix Q to part 50, add section 8 to read as follows:
Appendix Q to Part 50--Pre-Application Early Review of Site Suitability
Issues.
* * * * *
8. This appendix shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this appendix and considering that input. The NRC will
publish a document in the Federal Register announcing its
determination and revising or removing this appendix accordingly.
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
0
44. The authority citation for part 51 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C.
2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42
U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs.
144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161,
10168); 44 U.S.C. 3504 note.
Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under
Nuclear Waste Policy Act secs. 135, 141, 148 (42 U.S.C. 10155,
10161, 10168).
Section 51.22 also issued under Atomic Energy Act sec. 274 (42
U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C.
10141).
Sections 51.43, 51.67, and 51.109 also issued under Nuclear
Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).
0
45. In Sec. 51.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 51.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date
[[Page 55631]]
not more than 5 years in the future after offering the public an
opportunity to provide input on the costs and benefits of this section
and considering that input. The NRC will publish a document in the
Federal Register announcing its determination and revising or removing
this section accordingly.
0
46. In Sec. 51.124, add two sentences at the end of the paragraph to
read as follows:
Sec. 51.124 Commission duty to comment.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
47. The authority citation for part 52 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149,
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.
0
48. In Sec. 52.2, add two sentences at the end of the paragraph to
read as follows:
Sec. 52.2 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 54--REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR
POWER PLANTS
0
49. The authority citation for part 54 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 102, 103, 104, 161,
181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2132, 2133, 2134, 2136,
2137, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 202, 206 (42 U.S.C. 5841,
5842, 5846); 44 U.S.C. 3504 note.
Section 54.17 also issued under E.O. 12829, 58 FR 3479, 3 CFR,
1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p.
298; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391.
0
50. In Sec. 54.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 54.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 55--OPERATORS' LICENSES
0
51. The authority citation for part 55 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 107, 161, 181, 182,
183, 186, 187, 223, 234 (42 U.S.C. 2137, 2201, 2231, 2232, 2233,
2236, 2237, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982,
sec. 306 (42 U.S.C. 10226); 44 U.S.C. 3504 note.
0
52. In Sec. 55.6, add two sentences at the end of the paragraph to
read as follows:
Sec. 55.6 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC
REPOSITORIES
0
53. The authority citation for part 60 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 62, 63, 65,
81, 161, 182, 183, 223, 234 (42 U.S.C. 2071, 2073, 2092, 2093, 2095,
2111, 2201, 2232, 2233, 2273, 2282); Energy Reorganization Act of
1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
42 U.S.C. 2021a; National Environmental Policy Act of 1969 (42
U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 114, 117, 121
(42 U.S.C. 10134, 10137, 10141), 44 U.S.C. 3504 note.
0
54. In Sec. 60.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 60.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
0
55. The authority citation for part 61 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 65,
81, 161, 181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, 2093,
2095, 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C. 5841,
5846, 5851); Low-Level Radioactive Waste Policy Amendments Act of
1985, sec. 2 (42 U.S.C. 2021b); 44 U.S.C. 3504 note.
0
56. In Sec. 61.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 61.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-
FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES
0
57. The authority citation for part 62 continues to read as follows:
Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C.
2201); Energy Reorganization Act of 1974, secs. 201 (42 U.S.C.
5841); Low-Level Radioactive Waste Policy Amendments Act of 1985,
secs. 2, 6 (42 U.S.C. 2021b, 2021f); 44 U.S.C. 3504 note.
0
58. In Sec. 62.4, add two sentences at the end of the paragraph to
read as follows:
[[Page 55632]]
Sec. 62.4 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 63--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC
REPOSITORY AT YUCCA MOUNTAIN, NEVADA
0
59. The authority citation for part 63 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 62, 63, 65,
81, 161, 182, 183, 223, 234 (42 U.S.C. 2071, 2073, 2092, 2093, 2095,
2111, 2201, 2232, 2233, 2273, 2282); Energy Reorganization Act of
1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
42 U.S.C. 2021a; National Environmental Policy Act of 1969 (42
U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 114, 117, 121
(42 U.S.C. 10134, 10137, 10141); 44 U.S.C. 3504 note.
0
60. In Sec. 63.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 63.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
61. The authority citation for part 70 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57(d), 108,
122, 161, 182, 183, 184, 186, 187, 193, 223, 234, 274, 1701 (42
U.S.C. 2071, 2073, 2077(d), 2138, 2152, 2201, 2232, 2233, 2234,
2236, 2237, 2243, 2273, 2282, 2021, 2297f); Energy Reorganization
Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846,
5851); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C.
10155, 10161); 44 U.S.C. 3504 note.
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.21(g) also issued under Atomic Energy Act sec. 122
(42 U.S.C. 2152).
Section 70.31 also issued under Atomic Energy Act sec. 57(d) (42
U.S.C. 2077(d)).
Sections 70.36 and 70.44 also issued under Atomic Energy Act
sec. 184 (42 U.S.C. 2234).
Section 70.81 also issued under Atomic Energy Act secs. 186, 187
(42 U.S.C. 2236, 2237).
Section 70.82 also issued under Atomic Energy Act sec. 108 (42
U.S.C. 2138).
0
62. In Sec. 70.6, add two sentences at the end of the paragraph to
read as follows:
Sec. 70.6 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
0
63. The authority citation for part 71 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 81,
161, 182, 183, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093,
2111, 2201, 2232, 2233, 2273, 2282, 2297f); Energy Reorganization
Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846,
5851); Nuclear Waste Policy Act of 1982, sec. 180 (42 U.S.C. 10175);
44 U.S.C. 3504 note.
Section 71.97 also issued under Sec. 301, Pub. L. 96-295, 94
Stat. 789 (42 U.S.C. 5841 note).
0
64. In Sec. 71.2, add two sentences at the end of the paragraph to
read as follows:
Sec. 71.2 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
65. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
66. In Sec. 72.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 72.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
67. The authority citation for part 73 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161,
161A, 170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073,
2167, 2169, 2201, 2201a, 2210d, 2210e, 2210h, 2210i, 2273, 2278a,
2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42
U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141
(42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-
295, 94 Stat. 789 (42 U.S.C. 5841 note).
0
68. In Sec. 73.3, add two sentences at the end of the paragraph to
read as follows:
Sec. 73.3 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits
[[Page 55633]]
of this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 74--MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR
MATERIAL
0
69. The authority citation for part 74 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 161, 182,
223, 234, 1701 (42 U.S.C. 2073, 2077, 2201, 2232, 2273, 2282,
2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C.
5841, 5842); 44 U.S.C. 3504 note.
0
70. In Sec. 74.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 74.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF
SAFEGUARDS AGREEMENTS BETWEEN THE UNITED STATES AND THE
INTERNATIONAL ATOMIC ENERGY AGENCY
0
71. The authority citation for part 75 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 63, 103, 104,
122, 161, 223, 234, 1701 (42 U.S.C. 2073, 2093, 2133, 2134, 2152,
2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, sec.
201 (42 U.S.C. 5841); Nuclear Waste Policy Act of 1982, secs. 135,
141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
Section 75.4 also issued under Nuclear Waste Policy Act secs.
135 (42 U.S.C. 10155, 10161).
0
72. In Sec. 75.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 75.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
0
73. The authority citation for part 76 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 122, 161, 193(f),
223, 234, 1701 (42 U.S.C. 2152, 2201, 2243(f), 2273, 2282, 2297f);
Energy Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C.
5841, 5846, 5851); 44 U.S.C. 3504 note.
Section 76.22 is also issued under Atomic Energy Act sec. 193(f)
(42 U.S.C. 2243(f)).
Section 76.35(j) also issued under Atomic Energy Act sec. 122
(42 U.S.C. 2152).
0
74. In Sec. 76.1, add paragraph (c) to read as follows:
Sec. 76.1 Purpose.
* * * * *
(c) The regulations contained in this part shall cease to have
effect on January 8, 2027, unless the NRC determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this part and considering that input. The NRC
will publish a document in the Federal Register announcing its
determination and revising or removing this part accordingly.
PART 81--STANDARD SPECIFICATIONS FOR THE GRANTING OF PATENT
LICENSES
0
75. The authority citation for part 81 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 156, 161 (42 U.S.C.
2186, 2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C.
5841); 44 U.S.C. 3504 note.
0
76. In Sec. 81.4, add two sentences at the end of the paragraph to
read as follows:
Sec. 81.4 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL
SECURITY INFORMATION AND RESTRICTED DATA
0
77. The authority citation for part 95 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234
(42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note; E.O. 10865, as
amended, 25 FR 1583, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12829, 58
FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 12968, 60 FR 40245, 3 CFR,
1995 Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p.
298.
0
78. In Sec. 95.7, add two sentences at the end of the paragraph to
read as follows:
Sec. 95.7 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
79. The authority citation for part 110 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57,
62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126,
127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187,
189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093,
2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153,
2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232,
2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5
U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note.
Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C.
2778a; 50 App. U.S.C. 2401 et seq.
0
80. In Sec. 110.3, add two sentences at the end of the paragraph to
read as follows:
Sec. 110.3 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to
[[Page 55634]]
provide input on the costs and benefits of this section and considering
that input. The NRC will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
81. The authority citation for part 140 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234
(42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
0
82. In Sec. 140.4, add two sentences at the end of the paragraph to
read as follows:
Sec. 140.4 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
0
83. The authority citation for part 150 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 83, 84,
122, 161, 181, 223, 234, 274 (42 U.S.C. 2014, 2201, 2231, 2273,
2282, 2021); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C.
5841); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C.
10155, 10161); 44 U.S.C. 3504 note.
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued
under Atomic Energy Act secs. 11e(2), 81, 83, 84 (42 U.S.C.
2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under Atomic Energy Act sec. 53 (42
U.S.C. 2073).
Section 150.15 also issued under Nuclear Waste Policy Act sec.
135 (42 U.S.C. 10155, 10161).
Section 150.17a also issued under Atomic Energy Act sec. 122 (42
U.S.C. 2152).
Section 150.30 also issued under Atomic Energy Act sec. 234 (42
U.S.C. 2282).
0
84. In Sec. 150.5, add two sentences at the end of the paragraph to
read as follows:
Sec. 150.5 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 160--TRESPASSING ON COMMISSION PROPERTY
0
85. The authority citation for part 160 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 223, 229, 234
(42 U.S.C. 2201, 2273, 2278a, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841).
0
86. In Sec. 160.1, add two sentences at the end of the paragraph to
read as follows:
Sec. 160.1 Purpose.
* * * The regulations in this part shall cease to have effect on
January 8, 2027, unless the NRC determines that the cessation deadline
should be extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this part and considering that input. The NRC will publish
a document in the Federal Register announcing its determination and
revising or removing this part accordingly.
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
87. The authority citation for part 170 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201
(42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
0
88. In Sec. 170.4, add two sentences at the end of the paragraph to
read as follows:
Sec. 170.4 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES
AND MATERIAL LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS
AND GOVERNMENT AGENCIES LICENSED BY THE NRC
0
89. The authority citation for part 171 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223,
234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 44 U.S.C. 3504
note.
0
90. In Sec. 171.7, add two sentences at the end of the paragraph to
read as follows:
Sec. 171.7 Interpretations.
* * * This section shall cease to have effect on January 8, 2027,
unless the NRC determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The NRC will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
Dated: November 13, 2025.
For the Nuclear Regulatory Commission.
Michael King,
Acting Executive Director for Operations.
[FR Doc. 2025-21784 Filed 12-2-25; 8:45 am]
BILLING CODE 7590-01-P