[Federal Register Volume 91, Number 37 (Wednesday, February 25, 2026)]
[Proposed Rules]
[Pages 9176-9177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03791]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 26, 60, 63, 73, and 74

[NRC-2007-0670, NRC-2009-0089, and NRC-2015-0018]
RIN 3150-AI06, 3150-AI38, and 3150-AJ55


Rulemaking Activities Being Discontinued by the NRC

AGENCY: Nuclear Regulatory Commission.

ACTION: Rulemaking activities; discontinuation.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing 
three rulemaking activities. The purpose of this action is to inform 
members of the public that these rulemaking activities are being 
discontinued and to provide a brief discussion of the NRC's decision to 
discontinue them. These rulemaking activities will no longer be 
reported in the NRC's portion of the Unified Agenda of Regulatory and 
Deregulatory Actions (the Unified Agenda).

DATES: The rulemaking activities discussed in this document are 
discontinued as of February 25, 2026.

ADDRESSES: Please refer to Docket IDs NRC-2007-0670, NRC-2009-0089, and 
NRC-2015-0018 when contacting the NRC about the availability of 
information regarding 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 IDs NRC-2007-0670, NRC-2009-
0089 and NRC-2015-0018. Address questions about NRC dockets to Helen 
Chang; telephone: 301-415-3228; email: [email protected].
     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]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Tyler Hammock, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001; telephone: 301-415-1381, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In response to Executive Order (E.O.) 14300, ``Ordering the Reform 
of the Nuclear Regulatory Commission,'' the NRC conducted a review of 
ongoing and potential rulemaking activities and identified three 
rulemaking activities in various stages of development that the 
Commission has approved to be discontinued. The NRC will update the 
next edition of the Unified Agenda to indicate that these rulemakings 
are discontinued. These rulemaking activities will appear in the 
completed actions section of that edition of the Unified Agenda but 
will not appear in future editions. Section II of this document 
contains a brief discussion of each of the rulemaking activities.

II. Discontinued Rulemaking Activities

Geologic Repository Operations Area Security and Material Control and 
Accounting Requirements (RIN 3150-AI06; NRC-2007-0670)

    On December 20, 2007 (72 FR 72522), the NRC issued a proposed rule 
regarding security measures for the protection of spent nuclear fuel, 
high-level radioactive waste, and other radioactive material at a 
geologic repository operations area (GROA) licensed under title 10 of 
the Code of Federal Regulations (10 CFR) part 63, ``Disposal of High-
Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, 
Nevada.'' The NRC proposed new requirements for training, access 
authorization, defensive strategies, and reporting. The proposed rule 
would have established general performance objectives and corresponding 
system capabilities for the GROA material control program, with a focus 
on strengthening, streamlining, and consolidating all material control 
and accounting regulations specific to a GROA. In addition, the 
proposed rule would have required an emergency plan to address 
radiological emergencies.
    Due to a change in agency priorities in light of the scope of E.O. 
14300 rulemaking activities, and a significant amount of time elapsing 
since the proposed rule was issued, the NRC has decided not to proceed 
with this rulemaking.

Geologic Repository Operations Area (GROA) Fitness-for-Duty 
Requirements (RIN 3150-AI38; NRC-2009-0089)

    In 2008, the NRC begun plans for a rulemaking that would have 
amended the NRC's regulations regarding the fitness-for-duty 
requirements for personnel in a geologic repository operations area. 
The rule would have imposed fatigue provisions on security personnel 
and reinstated the alcohol and drug provisions of the fitness-for-duty 
requirements at a geologic repository operations area. The scope of the 
rulemaking would have affected fitness-for-duty programs at geological 
repository operations areas. Due to a change in agency priorities in 
light of the scope of E.O. 14300 rulemakings, the NRC has decided not 
to proceed with this rulemaking.

Enhanced Weapons for Spent Fuel Storage Installations and 
Transportation--Section 161A Authority (RIN 3150-AJ55; NRC-2015-0018)

    In 2015, the NRC began plans for a rulemaking that would have 
amended the NRC's regulations to implement the authority in Section 
161A of the Atomic Energy Act of 1954, as amended, related to access to 
enhanced weapons and associated firearms background checks for the 
protection of spent nuclear fuel. The rule would have designated 
additional classes of facilities and

[[Page 9177]]

activities appropriate for Section 161A authority, as a follow-on to 
the original Enhanced Weapons rule (88 FR 15864). Due to lack of 
expressed interest from additional classes of NRC licensees interested 
in obtaining enhanced weapons authority, the staff has decided to 
terminate rulemaking activities for the follow-on rule. If in the 
future the NRC receives a license application for a class of facility 
not already eligible for enhanced weapons authority, the Commission may 
grant such authority via order or license condition. Additionally, due 
to a change in agency priorities in light of the scope of E.O. 14300 
rulemakings, the NRC has decided not to proceed with this rulemaking.

III. Conclusion

    The NRC is no longer pursuing the three rulemaking activities for 
the reasons discussed in this document. In the next edition of the 
Unified Agenda, the NRC will update the entry for these rulemaking 
activities and reference this document to indicate that they are no 
longer being pursued. These rulemaking activities will appear in the 
completed actions section of that edition of the Unified Agenda but 
will not appear in future editions. If the NRC decides to pursue 
similar or related rulemaking activities in the future, it will inform 
the public through new rulemaking entries in the Unified Agenda.

    Dated: February 23, 2026.

    For the Nuclear Regulatory Commission.
Michael King,
Executive Director for Operations.
[FR Doc. 2026-03791 Filed 2-24-26; 8:45 am]
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