[Federal Register Volume 91, Number 153 (Tuesday, August 11, 2026)]
[Proposed Rules]
[Pages 51600-51602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-16373]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 91, No. 153 / Tuesday, August 11, 2026 /
Proposed Rules
[[Page 51600]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 7, and 10
[NRC-2025-1139]
RIN 3150-AL46
NRC Modernization: Rulemaking Procedure, Federal Advisory
Committee Act Alignment, Access, and Security
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 by streamlining procedural provisions related to
information withholding and post-promulgation comment periods; aligning
the NRC's regulations with Committee Management Secretariat (CMS)
Federal Advisory Committee Act (FACA) standards; and updating national
security eligibility criteria. The goal is to modernize and clarify the
NRC's regulatory framework to ensure consistency with government-wide
standards and improve administrative efficiency. The scope includes
updates to outdated provisions and revisions to ensure compliance with
current federal policies. This action is being undertaken in response
to Executive Order 14300, ``Ordering the Reform of the Nuclear
Regulatory Commission.''
DATES: Comments must be submitted electronically using https://www.regulations.gov by 11:59 p.m. Eastern Time on September 10, 2026.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2025-1139,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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-2025-1139. 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: Denise Edwards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
7204, email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Executive Order 14300: Ordering the Reform of the Nuclear
Regulatory Commission
III. Rulemaking Procedure
IV. Background
V. Plain Writing
VI. Paperwork Reduction Act
VII. Executive Orders
VIII. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-1139 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-2025-1139.
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 of this document.
NRC's PDR: The NRC Public Document Room (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 (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
Comments must be submitted electronically using https://www.regulations.gov by 11:59 p.m. Eastern Time on September 10, 2026.
Please include Docket ID NRC-2025-1139 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. Executive Order 14300: Ordering the Reform of the Nuclear
Regulatory Commission
On May 23, 2025, President Donald J. Trump signed Executive Order
(E.O.) 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission.'' This rulemaking addresses Section 5, ``Reforming and
Modernizing the NRC's Regulations,'' which requires the NRC to
undertake a review and wholesale revision of its regulations and
guidance documents, consistent with the policies set forth in section 2
of the E.O.
[[Page 51601]]
III. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, 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 October 26,
2026. However, if the NRC receives significant adverse comments by
September 10, 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 one in which the commenter
explains why the rule would be inappropriate, challenges the rule's
underlying premise or approach, or argues that the rule 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 procedural information and the regulatory analysis, see the
direct final rule published in the Rules and Regulations section of
this issue of the Federal Register.
IV. Background
The U.S. Nuclear Regulatory Commission (NRC) is undertaking a
series of regulatory updates to modernize its administrative framework,
align with government-wide requirements, and ensure continued
compliance with evolving federal standards related to transparency,
advisory committee governance, information management, and personnel
security. These are consistent with the directive in E.O. 14300,
``Ordering the Reform of the Nuclear Regulatory Commission,'' which
requires the NRC to conduct a comprehensive review of its regulations.
First, the NRC is updating its information withholding provisions
in 10 CFR 2.390 to clarify the Commission's procedures for evaluating
requests for withholding proprietary and sensitive information from
public disclosure. The revisions to 10 CFR 2.390 align with a recent
modification made to that regulation to alleviate the need for
licensees or applicants filing a withholding request to include
information regarding competitive harm (90 FR 54225; November 26,
2025). The revisions in this rule maintain the NRC's longstanding
policy balance between protecting sensitive commercial or financial
information and ensuring transparency in agency decision making. The
changes are administrative in nature and are intended to improve
clarity and consistency in how information is reviewed and processed.
Second, the NRC is revising a provision in 10 CFR 2.804 that
established procedural requirements related to post-promulgation
comment periods. This provision is not statutorily required and thus
imposes unnecessary administrative burdens. Revision of this provision
provides additional flexibility to rulemaking processes.
Third, the NRC is revising 10 CFR part 7 to align its advisory
committee regulations with the government-wide Federal Advisory
Committee Act (FACA) requirements administered by the General Services
Administration (GSA). On December 16, 2026, GSA issued a final rule (90
FR 58408) modernizing FACA regulations by updating definitions,
improving reporting requirements, and incorporating contemporary
practices for advisory committee operations and technology. To ensure
consistency with these standards and continued compliance with FACA,
the NRC is making conforming amendments throughout 10 CFR part 7. These
revisions update terminology, clarify procedural expectations, and
consolidate administrative requirements to reflect GSA's current
regulatory framework. The amendments do not impose substantive
requirements on NRC licensees or external stakeholders; instead, they
improve the efficiency, transparency, and accountability of NRC
advisory committee management.
Finally, the NRC is revising its personnel security regulations in
10 CFR part 10 to reflect Federal adjudicative standards established in
the Office of the Director of National Intelligence's Security
Executive Agent Directive 4 (SEAD 4). SEAD 4 sets forth uniform
adjudicative guidelines for determining eligibility for access to
classified information and sensitive national security positions across
the executive branch. The NRC previously incorporated SEAD 4 into
Management Directive 12.3, ``Personnel Security,'' and is now codifying
these requirements to ensure alignment between internal policy and
regulatory text. This codification enhances transparency and promotes
consistent expectations for individuals requiring an access
authorization or employment clearance.
Collectively, the actions in this rulemaking modernize NRC
regulations, improve alignment with federal policies, and enhance
administrative efficiency while maintaining transparency, public
participation, and national security protections consistent with the
NRC's statutory responsibilities.
V. 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
31883). The NRC requests comment on this proposed rule with respect to
clarity and effectiveness of the language used.
VI. Paperwork Reduction Act
This proposed 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.) and, therefore, is not subject to the requirements
of the Paperwork Reduction Act of 1995.
VII. Executive Orders
The following are Executive orders that are related to this
proposed 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 proposed rule is not a significant regulatory
action.
B. Executive Order 14154: Unleashing American Energy
The NRC has examined this proposed rule and has determined that it
is
[[Page 51602]]
consistent with the policies and directives outlined in E.O. 14154.
C. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is determined to be a deregulatory action as defined by
E.O. 14192. Details on the estimated costs of this proposed rule can be
found in Section VI, ``Regulatory Analysis,'' of the direct final rule
document.
D. Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash
American Energy
E.O. 14270 requires the NRC to insert a conditional sunset date
into all new or amended NRC regulations provided the regulations are
(1) promulgated under the Atomic Energy Act of 1954, as amended (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 proposed in this rule are for
processes that are required by statute and are part of the NRC's
regulatory permitting scheme authorized by the AEA, ERA, or NWPA.
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 proposed rule.
E. Executive Order 14300: Ordering the Reform of the Nuclear Regulatory
Commission
The NRC has examined this direct final rule and has determined that
it is consistent with the policies and directives outlined in E.O.
14300.
VIII. 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.
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ADAMS Accession No./Federal
Document Register Citation
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NRC Management Directive 12.3, ML22136A179.
``Personnel Security,'' July 18, 2022.
DNI Security Executive Agent Directive https://www.dni.gov/files/NCSC/
4, ``National Security Adjudicative documents/Regulations/SEAD-4-
Guidelines,'' June 8, 2017. Adjudicative-Guidelines-U.pdf.
GSA Final Rule, ``Federal Management 90 FR 58408.
Regulation; Aligning the Federal
Management Regulation (FMR) With the
Administration's Deregulatory
Priorities,'' December 16, 2025.
NRC Final Rule, ``Streamlining Select 90 FR 54225.
Rules of Practice and Procedure,''
November 26, 2025.
NRC Final Rule, ``Exceptions to Notice 50 FR 13006.
and Comment Rulemaking Procedures,''
April 2, 1985.
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 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.
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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-2025-1139.
Dated: August 7, 2026.
For the Nuclear Regulatory Commission.
Jody Martin,
Secretary of the Commission.
[FR Doc. 2026-16373 Filed 8-10-26; 8:45 am]
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