Document

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

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-inclusiv...

Nuclear Regulatory Commission
  1. 10 CFR Part 75
  2. [NRC-2019-0062]
  3. RIN 3150-AK31

AGENCY:

Nuclear Regulatory Commission.

ACTION:

Correcting amendments.

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: .
  • 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 .
  • 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 or call 1-800-397-4209 or 301-415- ( printed 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: .

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 § 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

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).

2. In § 75.4, revise the definition for “Facility” as follows:

Definitions.
* * * * *

Facility means:

(1) A production facility or utilization facility as defined in § 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 of235  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 § 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]

BILLING CODE 7590-01-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 47128

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors; Correction,” thefederalregister.org (July 28, 2026), https://thefederalregister.org/documents/2026-15213/risk-informed-technology-inclusive-regulatory-framework-for-advanced-reactors-correction.