[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Rules and Regulations]
[Pages 21719-21723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07917]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 54

[NRC-2024-0218]
RIN 3150-AL32


Exceptions From Foreign Ownership, Control, or Domination

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations on foreign ownership, control, or domination (FOCD) of 
utilization facilities to comply with section 301 of the Accelerating 
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024. 
The statute has designated certain exceptions from the FOCD provision 
set forth in the Atomic Energy Act of 1954, as amended. This direct 
final rule affects applicants and licensees of utilization facilities 
that are owned, controlled, or dominated by a foreign entity.

DATES: The final rule is effective July 7, 2026, unless significant 
adverse comments are received by May 26, 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is withdrawn as a result of such comments, timely notice of the 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: Please refer to Docket ID NRC-2024-0218 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-2024-0218. Address 
questions about NRC dockets to Helen Chang; telephone: 301-415-3228; 
email: [email protected]. For technical questions, contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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]. The ADAMS accession number for each document 
referenced (if it is available in ADAMS) is provided the first time 
that it is mentioned in this document.
     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: Irene Wu, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-1951, email: [email protected] 
and Shawn Harwell, Office of Nuclear Material Safety and Safeguards, 
telephone: 301-415-1309, email: [email protected]. Both are staff 
of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: This rulemaking is separate from NRC's 
comprehensive review and reform of its regulations in accordance with 
Executive Order (E.O.) 14300, ``Ordering the Reform of the Nuclear 
Regulatory Commission'' (90 FR 22587; May 29, 2025). The rulemakings 
associated with

[[Page 21720]]

that effort will comprehensively reexamine NRC requirements. While 
there could be additional revisions as a result of these future 
rulemakings, the NRC is moving forward with publication of this direct 
final rule at this time because it is a deregulatory action of high 
interest for stakeholders that was mandated by statute and in progress 
before the issuance of E.O. 14300.

Table of Contents

I. Obtaining Information and Submitting Comments
    A. Obtaining Information
    B. 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. Environmental Assessment and Final Finding of No Significant 
Environmental Impact
X. Paperwork Reduction Act
XI. Executive Orders
XII. Congressional Review Act
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0218 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-2024-0218.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public Search.'' 
For problems with ADAMS, please contact the NRC's Public Document Room 
(PDR) reference staff at 1-800-397-4209, 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.

B. Submitting Comments

    Comments must be submitted electronically using https://www.regulations.gov no later than midnight Eastern Time on May 26, 
2026. Please include Docket ID NRC-2024-0218 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

    Because the NRC considers this action to be non-controversial, the 
NRC is using the ``direct final rule procedure'' for this rule. This 
amendment is effective on July 7, 2026. However, if the NRC receives 
significant adverse comments on this direct final rule by May 26, 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. Absent significant 
modifications to the 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. A comment is adverse and significant if:
    (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

    In July 2024, the Accelerating Deployment of Versatile, Advanced 
Nuclear for Clean Energy Act of 2024 (ADVANCE Act) was signed into law. 
It requires the NRC to take a number of actions, particularly regarding 
licensing new reactors and fuels, while maintaining the NRC's core 
safety and security mission.
    Section 301 of the ADVANCE Act designated certain exceptions from 
the foreign ownership, control, or domination (FOCD) provision set 
forth in the Atomic Energy Act of 1954, as amended (AEA). Sections 103 
and 104 of the AEA prohibit the issuance of a license for utilization 
or production facilities (e.g., a commercial nuclear power reactor) to 
an applicant that the Commission knows or has reason to believe is 
owned, controlled, or dominated by a foreign entity. Specifically, 
section 301 of the ADVANCE Act states that if the Commission determines 
that the issuance of the applicable license to that entity is not 
inimical to the common defense and security or public health and 
safety, then the FOCD restriction for utilization facility licenses 
shall not apply to an entity that is owned, controlled, or dominated by 
(1) the government of a country that is a member of the Organisation 
for Economic Co-operation and Development (OECD), or the Republic of 
India on the date of the issuance of the ADVANCE Act, (2) a corporation 
that is incorporated in one of those countries, or (3) a citizen or 
national of one of those countries, subject to some additional 
exclusions in section 301(b)(2).
    The additional exclusions in section 301(b)(2) are based on whether 
any government bodies or persons of the

[[Page 21721]]

excepted countries were subject to certain sanctions under section 231 
of the Countering America's Adversaries Through Sanctions Act (CAATSA) 
of 2017 (22 U.S.C. 9525) or included on the List of Specially 
Designated Nationals and Blocked Persons maintained by the Office of 
Foreign Assets Control of the Department of Treasury pursuant to 
section 231 of the CAATSA of 2017 (22 U.S.C. 9525) on the ADVANCE Act's 
date of enactment of July 9, 2024. The NRC has reviewed those lists and 
determined that Turkey falls within the exclusion in section 301(b)(2) 
because, as of that date, the Republic of Turkey's Presidency of 
Defense Industries was subject to sanctions under section 231 of 
CAATSA. The NRC's implementing regulation for the FOCD restrictions is 
section 50.38 of title 10 of the Code of Federal Regulations (10 CFR), 
``Ineligibility of certain applicants.'' The NRC will continue to 
review sanctions lists as part of the agency's inimicality 
determination, which determines whether a proposed ownership structure 
would be inimical to the common defense and security of the United 
States. That determination remains a precondition for the new FOCD 
exception.

IV. Discussion

    The NRC determined that rulemaking was necessary because the 
ADVANCE Act's exceptions to the AEA's FOCD restrictions are not 
reflected in the applicable NRC regulations and could not be achieved 
through issuing guidance, as guidance documents are not legally binding 
and cannot be used to amend regulations. This rulemaking is narrowly 
tailored to address the requirements specifically set forth in section 
301 of the ADVANCE Act. The NRC determined that a direct final rule is 
appropriate because the amendments strictly implement statutory 
language, are non-controversial, and unlikely to involve public comment 
resulting in a significant change to the NRC's action.
    This direct final rule amends 10 CFR part 50, ``Domestic Licensing 
of Production and Utilization Facilities,'' and 10 CFR part 54, 
``Requirements for Renewal of Operating Licenses for Nuclear Power 
Plants,'' to implement the following changes consistent with section 
301 of the ADVANCE Act:
     Preserve the existing Sec.  50.38, ``Ineligibility of 
Certain Applicants,'' as applicable to production facilities and add 
language to address the changes to the FOCD restrictions for 
utilization facilities.
    The NRC is revising Sec.  50.38 to explicitly include the list of 
37 countries that section 301 of the ADVANCE Act excepts from the AEA 
provision prohibiting the issuance of a license for a utilization 
facility to an applicant that is foreign owned, controlled, or 
dominated. The list is comprised of the 36 members of the OECD and the 
Republic of India without qualifying entities subject to the listed 
sanctions on July 9, 2024. At least one qualifying entity from the 
Republic of Turkey is subject to sanctions under Section 231 of CAATSA 
on July 9, 2024, and therefore Turkey is excluded from the list of 
countries qualifying for the FOCD exception. This exception would apply 
to corporations that are incorporated in these countries or citizens or 
nationals residing within these countries. The NRC is also revising 
Sec.  50.38 to include a provision that the exception only applies if 
the Commission determines that issuance of the applicable license to 
that entity is not inimical to the common defense and security or 
public health and safety. Reviews of sanctions lists will continue to 
be a part of the NRC's inimicality determination, which remains a 
precondition for the new FOCD exception.
     Revise the corresponding regulation in Sec.  54.17, 
``Filing of application,'' for the renewal of operating licenses for 
nuclear power plants.
    The NRC is revising Sec.  54.17(b) to point to the exclusions in 
Sec.  50.38. The NRC has previously developed two draft guidance 
documents, ``Draft Standard Review Plan on Foreign Ownership, Control, 
or Domination, Revision 1'' and ``Regulatory Guide X.XX: Foreign 
Ownership, Control, or Domination of Nuclear Power, and Non-Power 
Production or Utilization Facility, Draft,'' that describe the 
methodology used by applicants, licensees, and the NRC staff to 
determine whether an applicant for or licensee of a nuclear facility 
licensed under sections 103 or 104 of the AEA is owned, controlled, or 
dominated by an alien, a foreign corporation, or a foreign government. 
The NRC will update these draft guidance documents consistent with this 
rule.

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. This direct final rule affects 
applicants and licensees of utilization facilities that are owned, 
controlled, or dominated by a foreign entity. 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

    This direct final rule implements regulations to comply with 
section 301 of the ADVANCE Act by revising regulations in 10 CFR 50.38 
and 10 CFR 54.17(b). This regulatory action codifies the new exclusions 
from the Atomic Energy Act provision prohibiting the issuance of a 
license for a utilization facility to an applicant that is foreign 
owned, controlled, or dominated. This rulemaking does not change the 
applicant's process in preparing a new license application or a renewal 
application for a license for a utilization facility; nor does it 
change NRC's process for reviewing those applications. These amendments 
will neither impose new safety requirements nor relax existing ones.
    This rule incorporates the FOCD requirements established by section 
301 of the ADVANCE Act and applies a pre-statutory baseline. The rule 
mainly provides qualitative benefits by aligning NRC regulations with 
section 301 of the ADVANCE Act and improving clarity for applicants and 
the public regarding how the statutory FOCD exceptions are applied. The 
potential benefits of this rule are increased accessibility to foreign 
investment in the U.S. commercial nuclear power sector, improved 
predictability for applicants and potential investors, and greater 
clarity in the FOCD review process. Increased foreign investment in the 
U.S. nuclear sector will yield opportunities to bolster U.S. economic 
and energy security through the expansion of the U.S. commercial 
nuclear reactor fleet with existing and emerging advanced reactor 
technologies, while ensuring the national security with the inimicality 
review process.
    The NRC expects the costs of this rule to be minimal. The NRC will 
update its documents that reference FOCD, and, as precondition for the 
new FOCD exception, the reviewed applicable sanctions lists. The 
updates to draft guidance documents, though minimal, will incorporate 
the new policy position, rule language, and the inclusion of the 
sanctions list review for excepted countries. Otherwise, the review 
process and resulting negation action criteria remain unchanged for 
non-excepted foreign entities. On the industry side, applicants seeking 
to rely on these statutory exceptions will continue to provide the 
information required under the NRC regulations for eligibility. 
Implementation of the rule does not require additional information

[[Page 21722]]

from an applicant. The rule codifies statutory FOCD exceptions and does 
not reduce or modify the scope of the NRC's inimicality review process 
which ensures that there are no national security concerns. Any 
additional information deemed necessary to evaluate FOCD or inimicality 
would be requested on a case-by-case basis during the application 
review process, consistent with current NRC policy.
    Because these benefits outweigh the costs, the NRC expects this 
direct final rule to provide a net qualitative benefit without 
affecting safety.

VII. Backfitting and Issue Finality

    The NRC has determined that the regulations in 10 CFR 50.109, 
``Backfitting,'' do not apply to this direct final rule. This direct 
final rule modifies the NRC regulations to implement the requirements 
of section 301 of the ADVANCE Act. Therefore, changes to rules 
designating certain exceptions from the FOCD provision set forth in the 
AEA do not constitute backfitting under Sec.  50.109(a)(1) or otherwise 
represent an inconsistency with the issue finality provisions 
applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC 
has not prepared a backfit analysis for this direct final rule.

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. Environmental Assessment and Final Finding of No Significant 
Environmental Impact

    The Commission has determined under the National Environmental 
Policy Act of 1969, as amended, and the Commission's regulations in 
Subpart A of 10 CFR part 51, that this rule, if adopted, would not be a 
major Federal action significantly affecting the quality of the human 
environment and, therefore, an environmental impact statement is not 
required. This direct final rule amends NRC's regulations in 10 CFR 
parts 50 and 54. These amendments are necessary to comply with section 
301 of the ADVANCE Act, which enacts certain exceptions to the FOCD 
provision set forth in the AEA. Specifically, section 301 states that 
if the Commission determines that issuance of the applicable license to 
that entity is not inimical to the common defense and security or 
public health and safety, then the FOCD restriction shall not apply to 
an entity that is owned, controlled, or dominated by (1) the government 
of a country that is a member of the OECD or the Republic of India, (2) 
a corporation that is incorporated in one of those countries, or (3) a 
citizen or national of one of those countries, subject to some 
additional exclusions in section 301(b)(2).
    The NRC has prepared this environmental assessment to determine the 
environmental effects of the agency action (i.e., a rulemaking to 
update NRC regulations). The rule is primarily administrative or 
procedural in nature and thus would not have any physical environmental 
effect. The NRC has determined the rule will continue to provide 
reasonable assurance of adequate protection of public health and safety 
and will result in no new or different environmental effects. 
Therefore, the NRC concludes that the regulatory changes will not have 
a significant effect on the quality of the human environment. Based on 
this conclusion, the NRC has determined there is no need to prepare an 
environmental impact statement. Accordingly, the NRC finds the agency 
action will have no significant environmental impact. This 
environmental assessment and finding of no significant impact can be 
tracked with identification number NEPA ID EAXX-429-00-000-1744703877.

X. Paperwork Reduction Act

    This direct final rule does not contain any new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget, approval numbers 3150-
0011 and 3150-0155.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XI. Executive Orders

    The following are Executive orders that are related to this rule:

A. Executive Order 12866: Regulatory Planning and Review (as Amended by 
Executive Order 14215, Ensuring Accountability for All Agencies)

    The Office of Information and Regulatory Affairs (OIRA) has 
determined that this direct final rule is a significant regulatory 
action. Accordingly, the 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. More can be found in 
Section VI, of this document, ``Regulatory Analysis.''

B. Executive Order 14154: Unleashing American Energy

    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.

C. Executive Order 14192: Unleashing Prosperity Through Deregulation

    This action is a deregulatory action as defined by E.O. 14192. 
Details on the estimated cost savings of this direct final rule can be 
found in Section VI of this document, ``Regulatory Analysis.''

D. Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash 
American Energy

    E.O. 14270, ``Zero-Based Regulatory Budgeting to Unleash American 
Energy,'' requires the NRC to insert a conditional sunset date into all 
new or amended NRC regulations provided the regulations are (1) 
promulgated under the AEA, the Energy Reorganization Act of 1974, as 
amended (ERA), or the Nuclear Waste Policy Act of 1982, as amended 
(NWPA); (2) not statutorily required; and (3) not part of the NRC's 
permitting regime. The NRC determined that the regulatory changes in 
this rule are required for statutory compliance. Therefore, the NRC 
views this rulemaking to be outside the scope of E.O. 14270 and did not 
insert conditional sunset dates for the regulatory changes in this 
direct final rule.

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 not found it to be a major rule as defined in the 
Congressional Review Act.

XIII. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

[[Page 21723]]



------------------------------------------------------------------------
                                          ADAMS accession No./web link/
               Document                     Federal Register citation
------------------------------------------------------------------------
``Draft Standard Review Plan on         ML16048A025
 Foreign Ownership, Control, or
 Domination,'' Revision 1, April 2016.
``Regulatory Guide X.XX: Foreign        ML16137A520
 Ownership, Control, or Domination of
 Nuclear Power, and Non-Power
 Production or Utilization Facility,
 Draft,'' May 2016.
Executive Order 12866, ``Regulatory     58 FR 51735
 Planning and Review,'' October 4,
 1993.
Executive Order 14154, ``Unleashing     90 FR 8353
 American Energy,'' January 29, 2025.
Executive Order 14192, ``Unleashing     90 FR 9065
 Prosperity Through Deregulation,''
 February 6, 2025.
Executive Order 14215, ``Ensuring       90 FR 10447
 Accountability for All Agencies,''
 February 24, 2025.
Executive Order 14267, ``Reducing Anti- 90 FR 15629
 Competitive Regulatory Barriers,''
 April 15, 2025.
Executive Order 14270, ``Zero-Based     90 FR 15643
 Regulatory Budgeting to Unleash
 American Energy,'' April 15, 2025.
Executive Order 14300, ``Ordering the   90 FR 22587
 Reform of the Nuclear Regulatory
 Commission,'' May 29, 2025.
Presidential Memorandum, ``Plain        63 FR 31885
 Language in Government Writing,''
 June 10, 1998.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2024-0218. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2024-0218); (2) click 
the ``Subscribe'' button; and (3) enter an email address and click on 
the ``Subscribe'' button.

List of Subjects

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 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.

    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 50 and 54:

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
1. The authority citation for part 50 is revised 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; ADVANCE Act of 2024, sec. 301 (42 U.S.C. 2133 note).


0
2. Revise Sec.  50.38 to read as follows:


Sec.  50.38  Ineligibility of certain applicants.

    (a) Any person who is a citizen, national, or agent of a foreign 
country, or any corporation, or other entity which the Commission knows 
or has reason to believe is owned, controlled, or dominated by an 
alien, a foreign corporation, or a foreign government shall be 
ineligible to apply for and obtain a license for a utilization facility 
unless--
    (1) The Commission determines that issuance of the applicable 
license to the entity is not inimical to the common defense and 
security or the health and safety of the public; and
    (2) The entity is an alien, corporation, or other entity that is 
owned, controlled, or dominated by the government of, a corporation 
that is incorporated in, or an alien who is a citizen or national of 
Australia, Austria, Belgium, Canada, Chile, Colombia, Costa Rica, 
Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, 
Iceland, India, Ireland, Israel, Italy, Japan, Korea, Latvia, 
Lithuania, Luxembourg, Mexico, Netherlands, New Zealand, Norway, 
Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, 
Switzerland, or the United Kingdom;
    (b) Any person who is a citizen, national, or agent of a foreign 
country, or any corporation, or other entity which the Commission knows 
or has reason to believe is owned, controlled, or dominated by an 
alien, a foreign corporation, or a foreign government, shall be 
ineligible to apply for and obtain a license for a production facility.

PART--54 REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR 
POWER PLANTS

0
3. The authority citation for part 54 is revised 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; ADVANCE Act of 2024, sec. 301 (42 U.S.C. 2133 note).


0
4. In Sec.  54.17, revise paragraph (b) to read as follows:


Sec.  54.17  Filing of application.

* * * * *
    (b) Any person, except one excluded by 10 CFR 50.38, may file an 
application for a renewed license under this subpart with the Director, 
Office of Nuclear Reactor Regulation.
* * * * *

    Dated: April 6, 2026.

    For the Nuclear Regulatory Commission.
Michael King,
Executive Director for Operations.
[FR Doc. 2026-07917 Filed 4-22-26; 8:45 am]
BILLING CODE 7590-01-P