[Federal Register Volume 91, Number 143 (Tuesday, July 28, 2026)]
[Rules and Regulations]
[Pages 47128-47129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15213]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 75

[NRC-2019-0062]
RIN 3150-AK31


Risk-Informed, Technology-Inclusive Regulatory Framework for 
Advanced Reactors; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendments.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final 
rule in the Federal Register on March 30, 2026, to add a risk-informed, 
performance-based, and technology-inclusive regulatory framework for 
commercial nuclear plants. The final rule contained an error in the 
amendatory instruction for the definition, ``Facilities'' in part 75, 
``Safeguards On Nuclear Material--Implementation Of Safeguards 
Agreements Between The United States And The International Atomic 
Energy Agency.'' This document corrects the final rule by revising the 
section that contains the error.

DATES: This rule is effective on July 28, 2026.

ADDRESSES: Please refer to Docket ID NRC-2019-0062 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: Electronically at https://www.regulations.gov. Search for Docket ID NRC-2019-0062. 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 ADAMS Public 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-

[[Page 47129]]

4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marisol de Jesus, Office of Nuclear 
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-1576, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The NRC published a final rule in the 
Federal Register on March 30, 2026 (91 FR 15696) to amend its 
regulations by adding an alternative risk-informed, performance-based, 
and technology-inclusive regulatory framework as an option for the 
licensing and regulation of future commercial nuclear plants in chapter 
I of title 10 of the Code of Federal Regulations (10 CFR). These 
changes included conforming changes to existing rule language. The 
final rule inadvertently included an error in the amendatory 
instruction for the term ``Facility'' in Sec.  75.4, ``Definitions'' 
that deleted paragraphs (1) through (5). This document corrects the 
final rule by revising the section that contains the error.
    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-2019-0062. 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-2019-0062); (2) click 
the ``Subscribe'' button; and (3) enter an email address and click on 
the ``Subscribe'' button.

Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC 
finds good cause to waive notice and opportunity for comment on the 
amendments because they will have no substantive impact and are of a 
minor and administrative nature dealing with corrections to certain CFR 
sections related only to management, organization, procedure, and 
practice. Specifically, these amendments are to correct grammatical 
errors and to revise cross-references to comply with the Office of the 
Federal Register's Document Drafting Handbook. These amendments do not 
require action by any person or entity regulated by the NRC. Also, the 
final rule does not change the substantive responsibilities of any 
person or entity regulated by the NRC. Furthermore, for the reasons 
stated above, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good 
cause exists to make this rule effective upon publication of this 
notice.

List of Subjects in 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.
    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 part 75.

PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF 
SAFEGUARDS AGREEMENTS BETWEEN THE UNITED STATES AND THE 
INTERNATIONAL ATOMIC ENERGY AGENCY

0
1. 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
2. In Sec.  75.4, revise the definition for ``Facility'' as follows:


Sec.  75.4  Definitions.

* * * * *
    Facility means:
    (1) A production facility or utilization facility as defined in 
Sec.  50.2 of this chapter;
    (2) A plant that converts nuclear material from one chemical form 
to another (e.g., Uranium hexafluoride plant);
    (3) A fuel fabrication plant;
    (4) An enrichment plant or isotope separation plant for the 
separation of isotopes of uranium or to increase the abundance of \235\ 
U.
    (5) An installation designed to store nuclear material, such as an 
independent spent fuel storage installation (ISFSI) or a monitored 
retrievable storage installation (MRS) as defined in Sec.  72.3 of this 
chapter; or
    (6) Any plant or location where the possession of more than 1 
effective kilogram of nuclear material is licensed pursuant to 10 CFR 
part 40, 50, 53, 60, 61, 63, 70, 72, 76, or 150 of this chapter or an 
Agreement State license.
* * * * *

    Dated: July 24, 2026.
    For the Nuclear Regulatory Commission.
Tyler Hammock,
Acting Chief, Rulemaking Projects Branch 2, Office of Nuclear Materials 
Safety and Safeguards.
[FR Doc. 2026-15213 Filed 7-27-26; 8:45 am]
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