[Federal Register Volume 91, Number 84 (Friday, May 1, 2026)]
[Rules and Regulations]
[Pages 23355-23356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08535]
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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. 91, No. 84 / Friday, May 1, 2026 / Rules and
Regulations
[[Page 23355]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 150
[NRC-2025-2062]
State of Wyoming: Discontinuance of Certain Commission Regulatory
Authority Within the State; Notice of Amended Agreement Between the NRC
and the State of Wyoming
AGENCY: Nuclear Regulatory Commission.
ACTION: Final amended state agreement.
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SUMMARY: This notification is announcing that on April 20, 2026, Ho K.
Nieh, Chairman of the U.S. Nuclear Regulatory Commission (NRC or
Commission), and on April 21, 2026, Governor Mark Gordon of the State
of Wyoming, signed an amended Agreement as authorized by Section 274b.
of the Atomic Energy Act of 1954, as amended (AEA). Under the amended
Agreement, the Commission discontinues its regulatory authority, and
the State of Wyoming assumes regulatory authority over source material
recovered from any mineral resources processed primarily for purposes
other than its uranium or thorium content. Wyoming's initial Agreement
allowed the State to assume regulatory authority over byproduct
material as defined in section 11e.(2) of the AEA, and source material
involved in the extraction or concentration of uranium or thorium in
source material and ores at milling facilities.
DATES: The effective date of the amended Agreement is April 30, 2026.
ADDRESSES: Please refer to Docket ID NRC-2025-2062 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-2062. Address
questions about docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, 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: Allyce Bolger, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-0855; email:
[email protected] or Huda Akhavannik, Office of Nuclear Material
Safety and Safeguards; telephone: 301-415-5253; email:
[email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Additional Background Information on Wyoming Agreement
The NRC published the proposed amended Agreement in the Federal
Register (FR) for comment once each week for four consecutive weeks on
January 30, 2026 (91 FR 4114), February 6, 2026 (91 FR 5521), February
13, 2026 (91 FR 6907), and February 20, 2026 (91 FR 8278), as required
by the AEA. The comment period ended on March 2, 2026. The NRC received
two anonymous comment documents from members of the public. The first
document contained one out of scope comment opposing the amended
Agreement due to the planned nuclear projects for AI data centers. The
second commentor opposed the proposed amended Agreement for several
reasons, including that the amended Agreement is for a subcategory of
source material, which is not readily distinguishable and will cause
jurisdictional issues. No changes in the proposed amended Agreement or
the staff's conclusions in the draft assessment of the State's program
were made in response to the comment. The staff analysis of the
comments can be found at ML26051A291. The NRC staff determined that the
Wyoming program is adequate to protect the public health and safety and
compatible with the NRC's program. The Wyoming amended Agreement is
consistent with Commission policy and thus meets the criteria for an
Agreement with the Commission.
After considering the request for an amended Agreement by the
Governor of Wyoming, the supporting documentation submitted with the
request for an amended Agreement, and its interactions with the staff
of the Wyoming Department of Environmental Quality, the NRC staff
completed an assessment of Wyoming's proposed program. The agency made
a copy of the staff assessment available in the NRC's PDR and
electronically on the NRC's website. Based on the staff's assessment,
the Commission determined on April 15, 2026, that the Wyoming program
for control of radiation hazards is adequate to protect the public
health and safety and compatible with the Commission's program. As of
the effective date of the amended Agreement, a person in Wyoming
possessing these materials is exempt from certain Commission
regulations. The exemptions have been previously published in the FR
and are codified in the Commission's regulations. The Agreement is
published here as required by Section 274e. of the Act.
This Agreement is a rule as defined in the Congressional Review Act
(5 U.S.C. 801-808). The Office of Management and Budget has found that
this action does not meet the criteria at 5 U.S.C. 804(2). The Office
of Information and Regulatory Affairs has determined that this amended
Agreement is not a significant regulatory action under Executive Order
12866.
[[Page 23356]]
II. Availability of Documents
The ADAMS Accession numbers for the request for an amended
Agreement by the Governor of Wyoming, including all information and
documentation submitted in support of the request, and the NRC staff
assessment are identified in the following table.
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Document description ADAMS accession No.
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Letter from Governor Mark Gordon, Wyoming, to Chairman ML25227A232.
Wright requesting that an amended Agreement be established
between the NRC and State of Wyoming, dated August 5, 2025.
Wyoming Final Application to Amend Agreement, dated August ML25227A230 (Package).
2025.
Wyoming Application Request for Additional Information, ML25267A041 (Package).
dated September 24, 2025.
Draft Staff Assessment of the Proposed Wyoming Program, ML25237A057.
dated December 11, 2025.
State Agreement (SA) 700 Processing an Agreement final, ML22138A414.
dated June 15, 2022.
SA-700 Handbook for Processing an Agreement Procedure ML22140A396.
final, dated June 17, 2022.
SECY-26-0045, includes final staff assessment.............. ML26051A287 (Package).
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Dated: April 29, 2026.
For the Nuclear Regulatory Commission.
Tomas Herrera,
Acting Secretary of the Commission.
[FR Doc. 2026-08535 Filed 4-30-26; 8:45 am]
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