[Federal Register Volume 90, Number 230 (Wednesday, December 3, 2025)]
[Proposed Rules]
[Pages 55699-55701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21785]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 230 / Wednesday, December 3, 2025 /
Proposed Rules
[[Page 55699]]
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: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend 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: Submit comments by January 2, 2026.
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 proposed 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. Plain Writing
V. Paperwork Reduction Act
VI. Regulatory Planning and Review
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, at 301-415-4737,
or by email to [email protected].
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
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.
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
[[Page 55700]]
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 this action to be noncontroversial, the NRC is
publishing this proposed rule concurrently with a direct final rule in
the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on January 8,
2026. However, if the NRC receives significant adverse comments by
January 2, 2026, then the NRC will publish a document that withdraws
the direct final rule. If the direct final rule is withdrawn, the NRC
will address the comments in a subsequent final rule. Absent
significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action in the event the direct final rule is withdrawn.
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 a more detailed discussion of the proposed rule changes and
associated analyses, see the direct final rule published in the Rules
and Regulations section of this issue of the Federal Register.
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 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 the companion direct final rule, the NRC will add a
sunsetting provision to those regulations. Importantly, the NRC will
also continue to streamline its regulations 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. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, 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). The NRC
requests comment on the proposed rule with respect to clarity and
effectiveness of the language used.
V. Paperwork Reduction Act
This proposed 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.
VI. Regulatory Planning and Review
Executive Order (E.O.) 12866
The Office of Information and Regulatory Affairs (OIRA) has
determined that this proposed rule is a significant regulatory action.
Accordingly, NRC submitted this proposed 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.
[[Page 55701]]
Review Under E.O.s 14154, 14192, 14215, and 14300
The NRC has examined this proposed 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 proposed rule is considered an E.O. 14192
deregulatory action.
Dated: November 13, 2025.
For the Nuclear Regulatory Commission.
Michael King,
Acting Executive Director for Operations.
[FR Doc. 2025-21785 Filed 12-2-25; 8:45 am]
BILLING CODE 7590-01-P