Proposed Rule2026-03159
General Policy for Pricing and Charging for Materials and Services Sold by the Department of Energy
Primary source
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Published
February 18, 2026
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE or the Department) is proposing to update the Department's general pricing regulation to establish prices and charges for materials and services sold to organizations and people outside of the Federal Government. DOE's general pricing regulation does not apply to the prices and charges provided for by statute, Executive order, or regulation. This notice of proposed rulemaking (NOPR) proposes to update definitions, exclusions, exemptions, and special pricing activities affecting the general pricing regulation.
Full Text
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<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
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[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Proposed Rules]
[Pages 7405-7412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03159]
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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. 32 / Wednesday, February 18, 2026 /
Proposed Rules
[[Page 7405]]
DEPARTMENT OF ENERGY
10 CFR Part 1009
[DOE-HQ-2024-0077]
RIN 1920-AA01
General Policy for Pricing and Charging for Materials and
Services Sold by the Department of Energy
AGENCY: Office of the Chief Financial Officer, U.S. Department of
Energy.
ACTION: Notice of proposed rulemaking and request for comment.
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SUMMARY: The Department of Energy (DOE or the Department) is proposing
to update the Department's general pricing regulation to establish
prices and charges for materials and services sold to organizations and
people outside of the Federal Government. DOE's general pricing
regulation does not apply to the prices and charges provided for by
statute, Executive order, or regulation. This notice of proposed
rulemaking (NOPR) proposes to update definitions, exclusions,
exemptions, and special pricing activities affecting the general
pricing regulation.
DATES: Comments on this proposed rule must be received on or before
April 20, 2026.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number DOE-HQ-2024-0077. Follow the instructions for submitting
comments. The docket for this proposed rule, which includes Federal
Register notices, comments, and other supporting documents and
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, not all documents listed in the index may be publicly
available, such as, information that is exempt from public disclosure.
The docket web page contains instructions on how to access all
documents, including public comments, in the docket, as well as a
summary. In accordance with 5 U.S.C. 553(b)(4), a summary of this
proposed rule may be found at <a href="http://www.regulations.gov">www.regulations.gov</a>, under the docket
number.
Comments may also be submitted by the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#e3848c87829187cd848c99968ea38b92cd878c86cd848c95"><span class="__cf_email__" data-cfemail="accbc3c8cddec882cbc3d6d9c1ecc4dd82c8c3c982cbc3da">[email protected]</span></a>. Include docket number DOE-
HQ-2024-0077 and/or RIN 1920-AA01 in the subject line of the email.
Please include the full body of your comments in the text of the
message or as an attachment.
<bullet> Mail: Address written comments to Godard Gozum, U.S.
Department of Energy, Office of the Chief Financial Officer, Mailstop
4A-253, Room 4A-253, 1000 Independence Avenue SW, Washington, DC 20585
FOR FURTHER INFORMATION CONTACT: Godard Gozum, U.S. Department of
Energy, Office of the Chief Financial Officer, Mailstop 4A-253, Room
4A-253, 1000 Independence Avenue SW, Washington, DC 20585; (202) 586-
8379 or <a href="/cdn-cgi/l/email-protection#d3b4bcb7b2a1b7fdb4bca9a6be93bba2fdb7bcb6fdb4bca5"><span class="__cf_email__" data-cfemail="93f4fcf7f2e1f7bdf4fce9e6fed3fbe2bdf7fcf6bdf4fce5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction and Background
II. Discussion of Proposed Rule
III. Section-by-Section Analysis
IV. Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the National Environmental Policy Act of 1969
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the Unfunded Mandates Reform Act of 1995
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under the Treasury and General Government
Appropriations Act, 2001
J. Review Under Executive Order 13211
K. Review Under Executive Order 13175
L. Review Under Additional Executive Orders and Presidential
Memoranda
V. Public Participation--Submission of Comments
VI. Approval by the Office of the Secretary of Energy
I. Introduction and Background
The Secretary of Energy is authorized to prescribe rules and
regulations for activities of the Department of Energy under 42 U.S.C.
7254 and 42 U.S.C. 2011 et seq., including fees and charges for
government services and things of value under 31 U.S.C. 9701. Also,
federal pricing policy in OMB Circular No. A-25, User Charges, dated
July 8, 1993, requires charges be instituted through the promulgation
of regulations. The Department of Energy's general pricing regulation,
located at 10 CFR part 1009, establishes prices and charges for
materials and services sold by DOE to organizations and persons outside
of the Federal Government. Part 1009 does not govern prices and charges
set by statute, Executive order, or other regulations. DOE's general
pricing regulations were issued on October 24, 1980 (45 FR 70429) and
have not been updated to reflect new statues, Executive orders,
regulations, and DOE programmatic changes since its original
promulgation in 1980. The proposed update to the rule will address
developments relating to DOE pricing since 1980, including the adoption
of the definition of full costs contained in section 3137 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999,
Public Law 105-261 (codified at 42 U.S.C. 7259a). Additionally, the
proposed rule will provide greater clarity and enhance transparency by
providing a more comprehensive list of prices and charges not governed
by part 1009. The proposed rule will also ensure appropriate alignment
between the general pricing regulation and DOE's internal pricing
policy, which sets the operational requirements for DOE organizations
but is not binding to the public. The internal DOE policy, DOE Order
522.1A, Pricing of Departmental Materials and Services, was approved by
the Deputy Secretary of Energy on October 28, 2024.\1\ The internal DOE
policy can be found in DOE's directives website:
<a href="http://www.directives.doe.gov">www.directives.doe.gov</a>.
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\1\ Pricing of Departmental Materials and Services,
<a href="http://www.directives.doe.gov/directives-documents/500-series/0522.1-border-a-chg1-ltdchg">www.directives.doe.gov/directives-documents/500-series/0522.1-border-a-chg1-ltdchg</a>.
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II. Discussion of Proposed Rule
According to 42 U.S.C. 7259a(b)(2)(A), DOE can only assess
administrative charges, including imputed interest and depreciation, at
a maximum of 3 percent of the full costs incurred by a site or
laboratory when carrying out a service. Pursuant to 42 U.S.C.
7259a(b)(2)(A), DOE may recover a portion of its administrative
overhead related to providing services to other entities. The proposed
rule would update the language used in the section for
[[Page 7406]]
consistency with 42 U.S.C. 7259a and adopt the statutory limits that
apply to DOE's administrative charges. The proposed rule would also
update known exclusions, exemptions, and special pricing considerations
changed by statute, Executive order, or regulation since 1980.
Additionally, DOE is proposing amendments that would provide greater
transparency to the public by providing references to an updated
listing of known exclusions to the general pricing policy in Sec.
1009.3. DOE is also proposing to amend Sec. 1009.5, describing the
special pricing considerations that DOE has updated and adopted over
the years consistent with DOE's statutory authority.
III. Section-by-Section Analysis
The following discussion explains the proposed revisions.
Sec. 1009.1 Purpose and Scope
DOE is proposing to update Sec. 1009.1, which describes the
purpose and scope of part 1009, for clarification and to help the
public identify the applicability of the part upfront.
<bullet> In Sec. 1009.1(a), DOE proposes to clarify that the
pricing regulation is applicable to foreign entities and governments,
which is the current practice at DOE but not documented in the current
part 1009.
<bullet> In Sec. 1009.1(b), DOE proposes to clarify that the
National Nuclear Security Administration (NNSA) is an element of the
Department to which part 1009 applies. Congress established NNSA as a
semi-autonomous agency within DOE in the National Nuclear Safety
Administration Act as part of the National Defense Authorization Act
for Fiscal Year 2000 (Pub. L. 106-65).
<bullet> DOE proposes to add Sec. 1009.1(c) to clarify that DOE
contractors are subject to part 1009. This policy is the current
practice at DOE but not documented in the current part 1009.
Sec. 1009.2 Definitions
The proposed rule updates to Sec. 1009.2 reflect statutory and
policy changes. Specifically, DOE proposes to:
<bullet> Remove the definition of Allocable cost because that term
is no longer used in the proposed regulation.
<bullet> Remove the definitions of Byproduct material, Source
Material, and Special nuclear material since the terms are part of the
updated list of exclusions in the proposed Sec. 1009.4 Exclusions.
<bullet> Remove the definition of Charges to avoid confusion with
other terms used, including the Federal Administrative Charge.
<bullet> Remove the definition of commercial price since the term
is common in the financial community and synonymous with fair market
value in plain language.
<bullet> Add the definition of cost objective to be consistent with
the definition in the Cost Accounting Standards: 48 CFR 9904.406-30.
The definitions in the Cost Accounting Standards are used by federal
contractors when disclosing their allowable costs charged to the
government.
<bullet> Add the definition of Department and DOE since the terms
are used frequently in the pricing regulation.
<bullet> Add the definition of Federal Administrative Charge, as
discussed in Section II of this NOPR.
<bullet> Update the definition of Full Cost to be consistent with
42 U.S.C. 7259a which replaces the outdated definition in the current
pricing regulation.
<bullet> Add the definition of Indirect Costs to support the
proposed definition of Full Cost and provide clarity on the cost.
<bullet> Add the definition of Proprietary Research to describe the
special pricing activity proposed in Sec. 1009.5(e).
<bullet> Add the definition of Non-proprietary research to describe
the special pricing activity proposed in Sec. 1009.5(e).
<bullet> Add the definition of User Facilities to describe the
special pricing activity proposed in Sec. 1009.5(e).
Sec. 1009.3 Policy
The proposed rule codifies the Federal Administrative Charge rate
charged to non-federal entities and makes minor changes to the section
to provide clarifying information and details regarding full cost
recovery. Specifically:
<bullet> In Sec. 1009.3(a), DOE is proposing to rephrase the
policy slightly for clarity.
<bullet> In Sec. 1009.3(b), DOE proposes to remove the
introductory paragraph to current Sec. 1009.3(b) and relocate the
substance of the exceptions in the Sec. 1009.3(b)(1) provisions to
Sec. 1009.4, Exclusions. DOE proposes to redesignate current Sec.
1009.3(b)(2) as Sec. 1009.3(b) and Sec. 1009.3(c). In proposed
1009.3(b), DOE defines the cost of materials delivered from stock as
the replacement cost, not the original acquisition cost.
<bullet> In Sec. 1009.3(c), DOE proposes to define the price of
materials delivered from stock that cannot be replaced as the fair
value. DOE proposes to redesignate current Sec. 1009.3(b)(2) as Sec.
1009.3(b) and Sec. 1009.3(c).
<bullet> In Sec. 1009.3(d), DOE proposes to add a new provision to
provide additional detail on how the Federal Administrative Charge is
applied to the Department's reimbursable work. The new provision
codifies the Department's uniform Federal Administrative Charge rate
charged for reimbursable work consistent with Executive Order 14192,
Unleashing Prosperity Through Deregulation. The Federal Administrative
Charge paid by non-Federal entities is scheduled to fall from 3 percent
to 1 percent on October 1, 2025, consistent with the provisions of DOE
Order 522.1A. The reduction in the Federal Administrative Charge is
estimated to reduce aggregate costs for non-Federal entities by
approximately $4 million per year, based on 2022 non-Federal
reimbursable work volumes.
Sec. 1009.4 Exclusions
DOE is proposing to expand the list of exclusions due to new
statutes, Executive orders, regulations, and DOE activities since 1980
when DOE's pricing regulations were first issued. Specifically, DOE
proposes to:
<bullet> In Sec. 1009.4(a), update the provision since the
Economic Regulatory Administration is no longer a Departmental Element
in DOE. The Economic Regulatory Administration's regulations are
covered in 10 CFR parts 580 through 590 which pertains to Natural Gas.
<bullet> In Sec. 1009.4(b), remove the to the ``Alaska Power
Administration'' since it is no longer a Departmental Element at DOE.
DOE also proposes to add examples of unique authorities of the power
marketing administration.
<bullet> In Sec. 1009.3(c), propose removing Naval Petroleum and
Oil Shales Reserves provisions and replace with a provision for the
Isotope Production and Distribution Fund. DOE's original Naval
Petroleum and Oil Shales Reserves were divested in 2015 and thus the
provisions no longer apply since the Department is not responsible for
the sale of materials and good for these reserves. DOE also proposes to
add a provision for the Isotope Production and Distribution Fund as a
replacement. Sales of the Isotope Production and Distribution Fund are
governed by section 41 of Public Law 83-703 (42 U.S.C. 2061) instead of
the general pricing policy.
<bullet> In Sec. 1009.4(d), propose revision of the exclusion for
source material, special nuclear material, and byproduct material which
is governed by the Atomic Energy Act and excluded in DOE's current
practices. DOE also proposes to move the uranium sales portion of the
current regulation to new standalone provision in Sec. 1009.4(j).
<bullet> In Sec. 1009.4(e), revise provision to include references
for the pricing of
[[Page 7407]]
information requests, such as, Public Law 89-487 for the Freedom of
Information Act.
<bullet> In Sec. 1009.4(f), update to include references for the
pricing of data provided by the Energy Information Administration
covered by section 205 of Public Law 95-91, Department of Energy
Organization Act, as amended (42 U.S.C. 7135(g)).
<bullet> In Sec. 1009.4(g), revise to include references for the
pricing of the Strategic Petroleum Reserve subject to Section 160 of
Public Law 94-163, Energy Policy and Conservation Act, as amended (42
U.S.C. 6241).
<bullet> In Sec. 1009.4(h), revise language to include references
for the pricing of excess and surplus property covered under 41 CFR
part 102-36 to 41 CFR part 102-38.
<bullet> In Sec. 1009.4(i), update language on access permits to
conform with the current provision in 10 CFR part 725. Over the years,
10 CFR part 725 was broadened to restrict access to data for other
types of radioactive material and technology for civilian use, such as,
plutonium material.
<bullet> In Sec. 1009.4(j), propose removing current provision and
replace with uranium sales provisions, to clarify that DOE contractors
are subject to the regulation consistent with DOE practice. The
language was ambiguous to the applicability to DOE contractors. DOE
also proposes to replace current provision with a new standalone
uranium sale provision in Sec. 1009.4(j). Sales or transfer of uranium
inventory are subject to the provisions of section 3112 of Public Law
104-134, Debt Collection Improvement Act of 1996, Subsection, USEC
Privatization Act (42 U.S.C. 2297h-10(d)).
<bullet> In Sec. 1009.4(k), add a new provision to reflect updates
in 44 U.S.C. 3506 which requires agencies to reduce information
collection burdens on the public and not charge fees for the
dissemination of public information.
<bullet> In Sec. 1009.4(l), propose adding real property to the
list of exclusions which is subject to other regulations referenced,
such as, 10 CFR part 770.
<bullet> In Sec. 1009.4(m), propose adding Nuclear Waste Fund to
the list of exclusions which is subject to section 302 of Public Law
97-425, Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
<bullet> In Sec. 1009.4(n), propose adding royalty rates subject
to 48 CFR part 970.
<bullet> In Sec. 1009.4(o), propose adding transactions subject to
section 301 of Public Law 102-377, Energy and Water Development
Appropriations Act of 1993, (42 U.S.C. 7278).
<bullet> In Sec. 1009.4(p), propose adding loan program fees
subject to section 1702 of Public Law 109-58, Energy Policy Act of
2005, as amended [42 U.S.C. 16512(h)], or other applicable statute or
regulation.
<bullet> In Sec. 1009.4(q), propose adding Intergovernmental
Personnel Act details subject to 5 CFR part 334.
<bullet> In Sec. 1009.4(r), propose adding elemental mercury
management and storage fees subject to section 5 of Public Law 110-414,
Mercury Export Ban Act of 2008, as amended (42 U.S.C. 6939f).
Sec. 1009.5 Special Pricing Activities
In this proposed rule, DOE removes the current section
``Supersession'' and replacing it with a ``Special Pricing Activities''
section since the supersessions no longer apply and only affected
Federal Register notices published prior to October 24, 1980. The
Supersession section provided a statement that prices published prior
to October 24, 1980, have been superseded with the issuance of 10 CFR
part 1009. These prices and activities that were superseded have not
been tracked since 1980. Special Pricing Activities are deviations from
full cost recovery or pricing activities not covered in more specific
statute, Executive order, or regulation. Certain statutes provide DOE
leeway to charge less than full cost recovery or negotiate the pricing
for items without more specific pricing instructions. Here is a summary
of the proposed additions to the section:
<bullet> In Sec. 1009.5(a), DOE proposes to describe special
pricing activities and its relation to the general pricing policy.
<bullet> In Sec. 1009.5(b), DOE proposes to add the pricing
approach to meet the Department's nuclear nonproliferation mission
including cost-sharing and negotiation of acceptance fees. The
Department, led by the NNSA, has a nuclear nonproliferation mission
which includes the removal, consolidation, and disposal of nuclear
material internationally to support permanent threat reduction. Under
section 3113 of Public Law 109-364, John Warner National Defense
Authorization Act for Fiscal Year 2007, as amended (50 U.S.C. 2569),
the Secretary of Energy has authority to retain and use funds
contributed under the program through agreements with other parties,
including foreign governments. The NNSA's Office of Nuclear Material
Removal and Elimination supports high-income economy countries (as
identified by the World Bank) on a cost-sharing basis and thus charges
a fee for acceptance of spent nuclear fuel and/or separated plutonium.
Since the formal end of the Foreign Research Reactor Spent Nuclear Fuel
Acceptance Program in 2019, the Office of Nuclear Material Removal and
Elimination has negotiated acceptance fees for the limited receipts of
spent nuclear fuel exempted from this deadline on a case-by-case basis.
The negotiated acceptance fees are based on a number of factors,
including the full cost of disposal and nuclear security and
nonproliferation considerations.
<bullet> In Sec. 1009.5(c), DOE proposes to add the Research
Reactor Infrastructure Program to the special pricing activities
section. The program permits DOE to provide, at no charge, support to
participating in domestic research reactors; and describes a cost
sharing arrangement when the reactor is used for commercial purposes.
The Research Reactor Infrastructure Program is authorized by section 31
of Public Law 83-703 of the Atomic Energy Act as amended (42 U.S.C.
2051) and supports the Department's interest in research and
development of nuclear energy. Under this program, the Department will
provide, at no charge, support and other services to participate in
domestic research reactors when approved by DOE management. These
activities include, but are not limited to, the supply of nuclear fuel
and disposal of DOE-owned spent nuclear fuel. However, when reactor
operations support both the DOE research and development mission and
other commercial applications, the reactor operators shall pay a share
of the full cost of DOE support that is proportional to use of the
reactor for commercial purposes.
<bullet> Sec. 1009.5(d) proposes to add the pricing policy for
museums and exhibits. This paragraph establishes that visitors to DOE
museums and exhibits will not be charged admission fees unless there is
specific authority to charge the fees. This pricing policy has been a
historical practice to promote science-based education and has appeared
in DOE internal pricing policy since at least 1992.
<bullet> Sec. 1009.5(e) proposes to add Departmental User
Facilities. This paragraph clarifies that access to non-NNSA user
facilities will not be charged fees for non-proprietary research when
approved by laboratory management based on section 2203 of Public Law
104-486 of the Energy Policy Act of 1992 (42 U.S.C. 13503). The result
of non-proprietary research is published or otherwise shared without
charge by the researchers and is not subject to ownership. Thus, access
to user facilities without charge by outside researchers advances DOE's
science mission. However, the ``Servicemember
[[Page 7408]]
Quality of Life Improvement and National Defense Authorization Act for
Fiscal Year 2025'' Public Law 118-159 (H.R. 5009) updated section 3264
of the NNSA Act (50 U.S.C. 2464) to state ``the cost-reimbursable use''
of the capabilities of the national security laboratories by non-NNSA
elements. Thus, research and work at a NNSA laboratory must be charged
a fee that realizes full cost recovery. Also, non-proprietary users may
be charged incremental costs over and above the normal use of a DOE and
NNSA facility. Pricing for proprietary research at user facilities is
full cost recovery since the research would be owned by a third party
and might be used for profit.
<bullet> Sec. 1009.5(f). Royalties for DOE-Owned Intellectual
Property. This proposed section clarifies that royalties for DOE-Owned
Intellectual Property are subject to negotiation between DOE and the
licensee; and not based on the cost for developing the technology.
Technology Transfer statutes, such as, Public Law 96-517 the Bayh-Dole
Act, seek to incentivize the deployment and commercialization of
federal funded intellectual property. The royalty rates will be
stipulated in the licensing agreement.
Sec. 1009.6 Dissemination of prices and charges
DOE is proposing to update the language and points of contacts in
this section to reflect current practice and information.
IV. Regulatory Review
A. Review Under Executive Order 12866
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (Oct. 4, 1993) requires agencies, to the extent
permitted by law, to (1) propose or adopt a regulation only upon a
reasoned determination that its benefits justify its costs (recognizing
that some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity); (4) to the extent
feasible, specify performance objectives, rather than specifying the
behavior or manner of compliance that regulated entities must adopt;
and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as, user fee or profit or marketable permits, or
providing information upon which choices can be made by the public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the National Environmental Policy Act
DOE has determined that promulgation of this proposed rule falls
into a class of actions that would not individually or cumulatively
have a significant impact on the human environment, as determined by
DOE's regulations implementing the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) (NEPA). Specifically, DOE has determined
that this proposed rule is covered under the categorical exclusion
found in the DOE's NEPA regulations at paragraph A5 of appendix A to
subpart D, 10 CFR part 1021, which applies to rulemaking that amends an
existing rule or regulation which does not change the environmental
effect of the rule or regulation being amended. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process (68 FR 7990). DOE has made its
procedures and policies available on the Office of General Counsel's
website: <a href="http://www.energy.gov/gc/downloads/executive-order-13272-consideration-small-entities-agency-rulemaking">www.energy.gov/gc/downloads/executive-order-13272-consideration-small-entities-agency-rulemaking</a>.
DOE has reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. The proposed rule adopts current policy concerning
charges and prices to small business entities, and does not change or
amend the pricing applicable to small businesses or other small
entities. On the basis of the foregoing, DOE certifies that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a regulatory flexibility analysis for this rulemaking. DOE's
certification and supporting statement of factual basis will be
provided to the Chief Counsel for Advocacy of the Small Business
Administration pursuant to 5 U.S.C. 605(b).
D. Review Under the Paperwork Reduction Act
This proposed rule imposes no new information or recordkeeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act (PRA). (44 U.S.C. 3501 et seq.).
E. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy (2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
[[Page 7409]]
This proposed rule does not contain a Federal intergovernmental
mandate, nor is it expected to require expenditures of $100 million or
more in any one year by the private sector. As a result, the analytical
requirements of UMRA do not apply.
G. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. DOE has examined this proposed rule and has
determined that it would not preempt State law and would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
H. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
executive agencies the general duty to adhere to the following
requirements: (1) eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that executive agencies make every reasonable
effort to ensure that the regulation: (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
I. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB.
OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
DOE has reviewed this proposed rule under the OMB and DOE guidelines
and has concluded that it is consistent with applicable policies in
those guidelines.
J. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to the
OMB, a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy, or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. This proposed rule
would not have a significant adverse effect on the supply,
distribution, or use of energy, nor has it been designated as a
significant energy action by the Administrator of OIRA. Accordingly,
DOE has not prepared a Statement of Energy Effects.
K. Review Under Executive Order 13175
Under E.O. 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' 65 FR 67249 (Nov. 6, 2000), DOE may not issue a
discretionary rule that has Tribal implications or that imposes
substantial direct compliance costs on Indian Tribal governments unless
DOE provides funds necessary to pay the costs of the Tribal governments
or consults with Tribal officials before promulgating the rule. DOE
anticipates that this proposed rule will not have substantial direct
effects on one or more Indian Tribes, will not impose substantial
direct compliance costs on Indian Tribal governments, and will not
preempt Tribal laws. Accordingly, the funding and consultation
requirements of E.O. 13175 do not apply, and a Tribal summary impact
statement is not required.
L. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this proposal and has tentatively determined that
it is consistent with the policies and directives outlined in E.O.
14154, ``Unleashing American Energy,'' E.O. 14192, ``Unleashing
Prosperity Through Deregulation,'' E.O. 14219, ``Ensuring Lawful
Governance and Implementing the President's `Department of Government
Efficiency' Deregulatory Initiative'' and Presidential Memorandum,
``Delivering Emergency Price Relief for American Families and Defeating
the Cost-of-Living Crisis.'' This proposal, if finalized as proposed,
is expected to be an Executive Order 14192 deregulatory action. The
provision in proposed Sec. 1009.3(d) codifies the Department's uniform
Federal Administrative Charge rate paid by non-Federal entities. The
Federal Administrative Charge paid by non-Federal entities is scheduled
to fall from 3 percent to 1 percent on October 1, 2025. The reduction
in the Federal Administrative Charge is estimated to reduce aggregate
costs for non-Federal entities by approximately $4 million per year,
based on 2022 non-Federal reimbursable work volumes.
V. Public Participation--Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or no later than the date provided in the DATES
section at the beginning of this proposed rule. Interested persons are
invited to participate in this proceeding by submitting data, views, or
arguments using one of the methods indicated in the ADDRESSES section
of this notice of proposed rulemaking. To help DOE review the comments,
interested persons are asked to refer to specific proposed rule
provisions, if possible.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will
[[Page 7410]]
require you to provide your name and contact information. Your contact
information will be viewable to DOE staff only. Your contact
information will not be publicly viewable except for your first and
last names, organization name (if any), and submitter representative
name (if any). If your comment is not processed properly because of
technical difficulties, DOE will use this information to contact you.
If DOE cannot read your comment due to technical difficulties and
cannot contact you for clarification, DOE may not be able to consider
your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments. Include contact
information each time you submit comments, data, documents, and other
information to DOE. If you submit via postal mail or hand delivery/
courier, please provide all items on a CD, if feasible, in which case
it is not necessary to submit printed copies. No faxes will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting time
VI. Approval by the Office of the Secretary of Energy
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and request for comments.
List of Subjects in 10 CFR Part 1009
Fees.
Signing Authority
This document of the Department of Energy was signed on February
12, 2026, by Christopher S. Johns, Deputy Chief Financial Officer,
pursuant to delegated authority from the Secretary of Energy. That
document with the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on February 13, 2026.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE proposes to revise part
1009 of Chapter X, of title 10 of the Code of Federal Regulations to
read as follows:
PART 1009--GENERAL POLICY FOR PRICING AND CHARGING FOR MATERIALS
AND SERVICES SOLD BY DOE
Sec.
1009.1 Purpose and scope.
1009.2 Definitions.
1009.3 Policy.
1009.4 Exclusions.
1009.5 Special Pricing Activities.
1009.6 Dissemination of prices and charges.
Authority: 42 U.S.C. 7254; 42 U.S.C. 2011 et seq; 42 U.S.C.
2201; 31 U.S.C. 902(a)(8); 31 U.S.C. 9701; 42 U.S.C. 7259a; 42
U.S.C. 13503(a)(2).
Sec. 1009.1 Purpose and scope.
(a) This part establishes Department of Energy policy for
establishing prices and charges for Department materials, goods, and
services sold to organizations and persons outside the Federal
Government, including, foreign entities, governments, and international
organizations.
(b) This part applies to all elements of the Department, including
the National Nuclear Security Administration. This part does not apply
to the Federal Energy Regulatory Commission.
(c) This part applies to Department contractors providing
materials, goods, and services to organizations and persons outside the
Federal Government when such materials, goods, and services are
provided pursuant to a contract with the Department of Energy.
Sec. 1009.2 Definitions.
In this part:
Cost objective means a function, organizational subdivision,
contract, or other work unit for which cost data are
[[Page 7411]]
desired and for which provision is made to accumulate and measure the
cost to processes, products, jobs, capitalized projects, etc. The part
adopted the definition in the Cost Accounting Standards: 48 CFR
9904.406-30.
Department or DOE means the U.S. Department of Energy.
Direct cost is any cost which can be identified specifically with a
particular final cost objective.
Federal Administrative Charge includes charges for Federal
administrative support, overhead associated with departmental
operations outside the facility providing the material or service,
depreciation, and imputed interest.
Full cost means:
(1) The direct cost incurred by DOE or a DOE contractor in
providing the materials, goods, or services;
(2) Indirect costs associated with operations at the DOE facility
providing the materials, goods, or services; and
(3) The Federal Administrative Charge.
Indirect Costs are common costs which cannot be directly assigned
to specific cost objectives and are, therefore, allocated to cost
objectives in a systematic cost allocation process. For contractor-
operated facilities, the applicable cost accounting practices are
specified in 48 CFR part 9904, as implemented by DOE policy and
specific contract provisions.
Prices means the monetary amounts generally established and
published for recurring sales of the same materials and services.
Proprietary Research means research where the results are not
intended to be published publicly.
Non-proprietary research means research where the results are
published publicly to be used and cited by others for the advancement
of science.
User facility means a facility of any particular type, technical
discipline, or size that is managed and funded by a DOE program and
operated with the express purpose of being available for research by a
broad community of qualified users on the basis of programmatic
interest, scientific merit of research proposals, technical
feasibility, capability of the experimental group, and availability of
the resources required. The term includes:
(1) A user facility as described in section 2203(a)(2) of the
Energy Policy Act of 1992, Public Law 104-486 [42 U.S.C. 13503(a)(2)];
(2) An NNSA Defense Programs Technology Deployment Center/User
Facility; and,
(3) Any other departmental facility designated by the Department as
a user facility.
Sec. 1009.3 Policy.
(a) Unless otherwise specified in this part, the Department's price
or charge for materials and services sold to persons and organizations
outside the Federal government shall be the full cost for those
materials and services.
(b) For materials delivered from stock, DOE charges the replacement
cost plus the cost of packaging, shipping, preparation, and other costs
incurred in providing material and goods from stock.
(c) For materials delivered from stock that are not replaced, DOE
will charge the fair value. In determining the fair value, the
Department may consider the market value, the market value of similar
assets, or other appropriate valuation methods.
(d) Federal Administrative Charge
(1) Beginning on October 1, 2025, the Federal Administrative Charge
is set at 1 percent of the total direct and indirect costs incurred by
a DOE facility when performing reimbursable work.
(2) The Federal Administrative Charge is assessed on costs
reimbursed by non-Federal entities. This includes the cost of Strategic
Partnership Projects, Cosponsored Work between DOE and non-Federal
entities, Cooperative Research and Development Agreements (CRADAs),
Agreements for Commercializing Technology (ACT), or other Technology
Transfer Mechanisms for the deployment and commercialization of
technology. In-kind contributions are not subject to the Federal
Administrative Charge.
(3) The Secretary of Energy may establish or retain other
exemptions to the application of the Federal Administrative Charge when
permitted by law. As necessary, the Chief Financial Officer provides
clarification regarding pricing situations to which the Federal
Administrative Charge does not apply.
Sec. 1009.4 Exclusions.
This part does not apply to activities for which the price or
charge is provided for by statute, Executive order, or regulation,
including the following:
(a) DOE's Natural Gas regulations covered in 10 CFR parts 580
through 590.
(b) Power marketing and related activities of the Bonneville Power
Administration, the Southeastern Power Administration, the Southwestern
Power Administration, and the Western Area Power Administration when
those activities are carried out under the unique authorities of power
marketing administrations, such as, the power rate-making authority for
the sale of power and transmission services.
(c) Sale of isotopes and related products and services from the
Isotope Production and Distribution Program Fund, which are governed by
section 41 of Public Law 83-703, Atomic Energy Act of 1954, as amended
(42 U.S.C. 2061).
(d) Compensation for source material, special nuclear material, and
byproduct material which are determined in accordance with the Atomic
Energy Act, Public Law 83-703, Atomic Energy Act of 1954 as amended,
(42 U.S.C. Chapter 23).
(e) Responses to requests for information under the Freedom of
Information Act (Pub. L. 89-487), the Privacy Act (Pub. L. 93-579), and
10 CFR 1004.9.
(f) Energy data and information provided by the Energy Information
Administration in accordance with section 205 of Public Law 95-91,
Department of Energy Organization Act, as amended (42 U.S.C. 7135(g)).
(g) Crude oil, and related materials and services from the
Strategic Petroleum Reserve are determined in accordance with section
160 of Public Law 94-163, Energy Policy and Conservation Act, as
amended (42 U.S.C. 6241).
(h) Sale of excess and surplus property under 41 CFR part 102-36 to
41 CFR part 102-38.
(i) Issuance of access permits to restricted data applicable to
civil uses of atomic energy are specified under 10 CFR part 725.
(j) Sales or transfer of uranium inventory are subject to the
provisions of section 3112(d) of Public Law 104-134, Debt Collection
Improvement Act of 1996, Subsection, USEC Privatization Act [42 U.S.C.
2297h-10(d)].
(k) Information dissemination products not governed by a more
specific statute, Executive order or regulation will be governed by
section 3506 of Public Law 104-13, Paperwork Reduction Act of 1995, as
amended (44 U.S.C. 3506).
(l) Sale and use of real property subject to 10 CFR part 770, 48
CFR 917.74, and 41 CFR part 102-75.
(m) Storage and disposal of radioactive waste under the Nuclear
Waste Fund, which are determined in accordance with section 302 of
Public Law 97-425, Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).
(n) Royalty rates and other licensing fees established by DOE
contractors when the contractors have title to the
[[Page 7412]]
intellectual property that is being licensed subject to 48 CFR part
970.
(o) Transactions related to projects carried out in cooperation
with other agencies, federal, state, private, or foreign under the
authority of section 301 of Public Law 102-377, Energy and Water
Development Appropriations Act of 1993, (42 U.S.C. 7278).
(p) Loan program fees established by the Director of the Loan
Program Office for the loan program that are consistent with the
requirements of section 1702 of Public Law 109-58, Energy Policy Act of
2005, as amended [42 U.S.C. 16512(h)], or other applicable statute or
regulation.
(q) Intergovernmental Personnel Act details between DOE and non-
federal organizations covered under 5 CFR part 334.
(r) Elemental mercury management and storage fees covered under
section 5 of Public Law 110-414, Mercury Export Ban Act of 2008, as
amended (42 U.S.C. 6939f).
Sec. 1009.5 Special Pricing Activities.
(a) The activities described by this section are not subject to the
general pricing policy described in Sec. 1009.3(a). A DOE activity not
identified in this section may also be exempt from Sec. 1009.3(a) if
special pricing is permitted by statute.
(b) Nuclear Material Removal Program. For high-income economy
countries identified by the World Bank, NNSA's Office of Nuclear
Material Removal and Elimination may negotiate cost-sharing
arrangements at less than full cost, including charging a fee for
acceptance of spent nuclear fuel and/or separated plutonium.
(c) Research Reactor Infrastructure Program.
(1) Under this program, the Department is permitted to provide, at
no charge, support and other services to participating domestic
research reactors. These support activities include, but are not
limited to, the supply of nuclear fuel and disposal of DOE-owned spent
nuclear fuel.
(2) When reactor operations support both the DOE research and
development mission and other commercial applications, the reactor
operators shall pay a share of the full cost of DOE support that is
proportional to use of the reactor for commercial purposes.
(d) Museums and Exhibits. Unless there is specific authority to
collect admission fees, visitors to DOE museums and exhibits may not be
charged for admission.
(e) Departmental User Facilities-
(1) Non-Proprietary Research.
(i) Access to non-NNSA user facilities will be authorized at no
charge for non-proprietary research that is approved by laboratory
management, usually with the advice of a technical advisory committee.
(ii) At the discretion of the facility manager, a user engaged in
non-proprietary research at a user facility should be charged for
incremental costs incurred over and above normal facility costs, such
as, operating the facility outside of the normal operating mode or
schedule; unusual security, safety, or technical arrangements; and
consumables.
(iii) Research and work at a NNSA laboratory is charged on a cost-
reimbursable basis per section 3264 of the National Nuclear Security
Administration Act (50 U.S.C. 2464). Pricing for non-Proprietary
Research at an NNSA laboratory must be charged a fee that realizes full
cost recovery as defined in Sec. 1009.3 of this part.
(2) Proprietary Research.
(i) A user engaged in proprietary research at a user facility must
be charged a fee that realizes full cost recovery.
(ii) During the build-out period (start-up) of a new user facility,
a user engaged in proprietary research at the facility may be charged a
modified annual rate that is equivalent to the estimated full cost
recovery rate for the facility when it operates at its planned
practical capacity.
(iii) A user engaged in proprietary research must be charged for
all incremental costs incurred over and above normal use of the
facility, which may include the costs of operating the facility outside
of the normal operating mode or schedule; unusual security, safety, or
technical arrangements; and consumables.
(f) Royalties for DOE-Owned Intellectual Property. Royalty rates
and other licensing fees are negotiated between DOE and the licensee.
The setting of royalty rates and other licensing fees is not based on
the cost of developing the technology. Royalty rates and other
licensing fees shall be stipulated in the DOE licensing agreement and
approved as part of the licensing agreement.
Sec. 1009.6 Dissemination of prices and charges.
(a) Pricing information for specific materials, goods and services
is available from the DOE facility or office providing the material,
good, or service, or from the responsible DOE Federal program office.
When the price represents the full cost of services not yet provided or
materials not yet fabricated or procured, the Department can provide
only an estimate of costs and cannot provide a fixed price for the
material or service requested.
(b) If the appropriate office cannot be determined, inquiries
regarding the appropriate contact office should be addressed to the
Office of the Chief Financial Officer, 1000 Independence Avenue SW,
Washington, DC 20585.
[FR Doc. 2026-03159 Filed 2-17-26; 8:45 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on February 18, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.