Rule2026-10727
Zero-Based Regulating
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 29, 2026
Effective
July 13, 2026
Issuing agencies
Energy Department
Abstract
This direct final rule inserts sunset provisions into certain regulations, consistent with Executive order (E.O.), Zero-Based Regulatory Budgeting to Unleash American Energy (April 9, 2025), and agency policy. Each sunset provision will establish a conditional sunset date for covered regulations, as defined by E.O 14270. If DOE does not extend a particular regulation before its conditional sunset date, that regulation will expire, cease to be enforceable and will be removed from the Code of Federal Regulations. The conditional sunset date may be extended by DOE as many times as appropriate, but never to a date more than five years in the future.
Full Text
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31869-31877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10727]
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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. 103 / Friday, May 29, 2026 / Rules
and Regulations
[[Page 31869]]
DEPARTMENT OF ENERGY
10 CFR Parts 300, 602, 605, 706, 708, 712, 719, 725, 727, 733, 760,
766, 782, 783, 784, 824, 840, 860, 861, 862, 950, 960, 963, 1009,
1015, 1016, 1045, 1046, and 1061
[Docket No. DOE-HQ-2025-0603]
RIN 1990-AA54
Zero-Based Regulating
AGENCY: Department of Energy (DOE).
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule inserts sunset provisions into certain
regulations, consistent with Executive order (E.O.), Zero-Based
Regulatory Budgeting to Unleash American Energy (April 9, 2025), and
agency policy. Each sunset provision will establish a conditional
sunset date for covered regulations, as defined by E.O 14270. If DOE
does not extend a particular regulation before its conditional sunset
date, that regulation will expire, cease to be enforceable and will be
removed from the Code of Federal Regulations. The conditional sunset
date may be extended by DOE as many times as appropriate, but never to
a date more than five years in the future.
DATES: The effective date of this rule is July 13, 2026. If significant
adverse comments are received by June 29, 2026, a timely withdrawal of
this rule will be published in the Federal Register and DOE will
address the comments received in a subsequent final rule as a response
to the companion proposed rule published in this issue of the Federal
Register, or take other action as appropriate.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, public meeting attendee lists and transcripts (if one
is held), 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 can be found at <a href="http://www.regulations.gov/docket/DOE-HQ-2025-0603">www.regulations.gov/docket/DOE-HQ-2025-0603</a>. The docket web page contains instructions on how to
access all documents, including public comments, in the docket, as well
as a summary of the rulemaking.
FOR FURTHER INFORMATION CONTACT: Ms. Clara Wheelock, U.S. Department of
Energy, Office of Policy, OP-1, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Telephone: (202) 586-2859. Email:
<a href="/cdn-cgi/l/email-protection#713714151403101d23141618020514033e213119005f151e145f161e07"><span class="__cf_email__" data-cfemail="f6b093929384979aa493919f85829384b9a6b69e87d8929993d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Zero-Based Regulatory Budgeting To Unleash American Energy
B. Identified DOE Statutes and Regulations
II. Direct Final Rule Overview
A. Sunset Provisions for Specific Covered Regulations
B. Sunset Provisions for Covered Regulations Generally
III. Justifications and Authority
A. Executive Order 14270
B. DOE's Determination
IV. Procedural Requirements
A. Executive Order 12866
B. Administrative Procedure Act
C. Regulatory Flexibility Act
D. Paperwork Reduction Act of 1995
E. National Environmental Policy Act of 1969
F. Executive Order 12988
G. Executive Order 13132
H. Executive Order 13175
I. Unfunded Mandates Reform Act of 1995
J. Treasury and General Government Appropriations Act of 1999
K. Treasury and General Government Appropriations Act, 2001
L. Executive Order 13211
M. Additional Executive Orders and Presidential Memoranda
N. Congressional Review Act
V. Approval of the Office of the Secretary
I. Background
A. Zero-Based Regulatory Budgeting To Unleash American Energy
On April 9, 2025, President Donald J. Trump issued Executive Order
(E.O.) 14270, Zero-Based Regulatory Budgeting to Unleash American
Energy. 90 FR 15643. In E.O. 14270, the President directed the
Department of Energy (DOE), among other agencies, to ``the extent
consistent with applicable law'' to ``issue a sunset rule, effective
not later than September 30, 2025'' to insert a conditional sunset date
into regulations promulgated under a variety of energy-related
statutes. Id., section4(a). E.O.14270 identified five statutes relevant
to DOE: the Atomic Energy Act of 1954; the National Appliance Energy
Conservation Act of 1987; the Energy Policy Act of 1992; the Energy
Policy Act of 2005; and the Energy Independence and Security Act of
2007. Id., section 3(b). E.O. 14270 directed DOE to issue its sunset
rule with an effective date ``not later than September 30, 2025.'' Id.,
section 4(a).
E.O. 14270 ordered that the ``sunset rule shall provide'' that each
regulation issued pursuant to the identified statutes and their
amendments, ``in effect on the date of this order,'' shall have a
conditional sunset date ``1 year after the effective date of the sunset
rule.'' Id., section 4(b). Under the sunset provision, each regulation
expires on the conditional sunset date unless DOE ``finds an extension
is warranted'' and extends the sunset date of the regulation. Id.,
section 4(d). Regulations that expire will cease to be effective and,
to the maximum extent permitted by law, shall be removed from the Code
of Federal Regulations. Id., section 4(b).
E.O. 14270 also directed DOE to insert a sunset provision into each
regulation promulgated under the same five statutes, going forward.
E.O. 14270 directed DOE to insert a conditional sunset date for future
covered regulations ``not more than 5 years in the future'' following
the effective date of a particular regulation.\1\ E.O. 14270 exempted
permitting regimes authorized by statute. Id., section 5(c).
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\1\ Id., section 4(c). Thus, DOE will include a conditional
sunset date in future regulations to which the E.O. would apply,
consistent with the approach taken herein.
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B. Identified DOE Statutes and Regulations
As stated previously, E.O. 14270 directed DOE to issue a rule that
inserts conditional sunset dates into each of the covered regulations,
which are defined as ``regulation[s] issued in whole or in part
pursuant to a statutory authority listed in sections 3(b)-(j) of this
order.'' Id., sections 2(c), 4(a). For DOE, the identified statutes are
the Atomic
[[Page 31870]]
Energy Act of 1954; the National Appliance Energy Conservation Act of
1987; the Energy Policy Act of 1992; the Energy Policy Act of 2005; and
the Energy Independence and Security Act of 2007. Id., section 3(b).
The Atomic Energy Act of 1954 governs the development and use of
nuclear energy. Public Law 83-703 (1954). The National Appliance Energy
Conservation Act of 1987 established energy efficiency standards for
appliances. The Energy Policy Act of 1992 amended the Energy Policy and
Conservation Act (EPCA) to further increase energy efficiency in the
United States. The Energy Policy Act of 2005 addressed energy
production in the United States. The Energy Independence and Security
Act of 2007 aimed to increase the energy independence of the nation.
DOE regulations promulgated under the authority of these statutes
and for which it would be consistent with applicable law to include a
conditional sunset date are codified in 10 CFR parts 300, 602, 605,
706, 708, 712, 719, 725, 727, 733, 760, 766, 782, 783, 784, 824, 840,
860, 861, 862, 950, 960, 963, 1009, 1015, 1016, 1045, and 1046. These
regulations may be issued pursuant to multiple statutes, including
statutes not listed in E.O. 14270. The CFR parts listed previously
include regulations where DOE relied on one of the five statutes
identified in E.O. 14270, or their amendments, for any section in that
part, and where it would be consistent with applicable law to sunset.
There are several regulations codified in 10 CFR that are
promulgated under the authority of these statutes but are not included
in this rulemaking. E.O. 14270 directs DOE to issue a sunset rule ``to
the extent consistent with applicable law.'' E.O. 14270, section 4.
Thus, this rulemaking does not include regulations that could not be
sunset ``consistent with applicable law.'' Specifically, there are
several regulations that are required by Congress or are required to
fulfill DOE's statutory duties, and conditional sunset dates for these
provisions may have a chilling effect on the market. For example, 10
CFR parts 820, 830, and 835 either directly or indirectly serve as
underlying nuclear safety requirements for Price Anderson Amendments
Act (PAAA) indemnification, which provides a system of financial
protection for persons (including DOE contractors) who may be liable
and persons who may be injured by a nuclear incident. The potential for
these regulations to sunset would be inconsistent with the requirements
of PAAA and because this indemnification is a critical element of
obtaining contractors to perform work for the Department, the potential
for these regulations to sunset could negatively affect DOE's ability
to secure contracts necessary for it to perform its statutory duties.
For these reasons, regulations that are required by Congress or are
required to fulfill DOE's statutory duties and would have a chilling
effect on the market if DOE inserted a conditional sunset are excluded
from the rulemaking.
II. Direct Final Rule Overview
A. Sunset Provisions for Specific Covered Regulations
The direct final rule (DFR) inserts a sunset provision into its
regulations codified in each of the parts previously listed. This DFR
amends the identified parts of title 10 of the Code of Federal
Regulations to add a sunset provision to the end of the identified
parts. The sunset provision added to parts 300, 602, 605, 706, 708,
719, 727, 733, 760, 766, 782, 783, 784, 824, 840, 861, 950, 960, 963,
1009, and 1015 state the identified part will automatically expire one
year from the effective date unless the part expires earlier, is
rescinded, or the sunset provision is extended pursuant to 10 CFR
1061.101.
For sunset provisions added to parts 712, 725, 860, 862, 1016,
1045, and 1046, the DFR sets a conditional sunset date of five years
from the effective date. These parts govern access to classified
information/classified programs, administer the Human Reliability
Program, protect worker health and safety, and establish processes to
govern the production of nuclear material for the nuclear couriers and
Security personnel at DOE and National Nuclear Security Administration
(NNSA) facilities. The identified parts implicate DOE and NNSA
abilities to protect DOE and NNSA personnel, facilities, materials, and
information. Thus, the Secretary has determined that an extension of
the conditional sunset date for these parts for a period of five years
is warranted. Accordingly, instead of a conditional sunset date of one
year from the effective date, the DFR sets a conditional sunset date
that is 5 years from the effective date for these provisions.
B. Sunset Provisions for Covered Regulations Generally
The direct final rule also adds part 1061 to Chapter X of title 10
of the Code of Federal Regulations, which outlines how these sunset
provisions are applied to covered regulations. The general sunset
provisions reiterates that sections to which the sunset provisions
apply would ``automatically expire and cease to be effective on the
identified conditional sunset date unless the section expires, is
rescinded, or is extended prior to that date.''
The general sunset provisions extend the conditional sunset date
upon a written determination by the Secretary of Energy or his designee
that ``an extension of the section is warranted[.]'' The written
determination may extend the conditional sunset date for period not to
exceed five years. Additionally, 10 CFR 1061.101 requires DOE to
publish in the Federal Register a written determination in which DOE
extends the conditional sunset date of a covered regulation. Consistent
with the E.O. 14270, the direct final rule states that ``Amendments to
an existing regulation shall not extend its sunset date[,]'' and
provides that ``that DOE will give the public an opportunity to comment
on the costs and benefits of extending any regulations covered by a
sunset provision, through a request for information, before allowing
any regulation to expire.'' See E.O. 14270, section 4(d).
Through publication of this direct final rule, DOE is also
providing a comment period until June 29, 2026. If significant adverse
comments are received, a timely withdrawal of this rule will be
published in the Federal Register and DOE will address the comments
received in a subsequent final rule as a response to the companion
proposed rule published in this issue of the Federal Register or take
other action, as appropriate.
III. Justifications and Authority
A. Executive Order 14270
E.O. 14270, Zero-Based Regulatory Budgeting to Unleash American
Energy, states ``each of the Covered Agencies shall issue a sunset
rule,'' and further specifies the general terms of those rules. E.O.
14270, section4(a). Consistent with this direction, DOE issues this
direct final rule. The President's directive provides an independent
and sufficient justification for this rulemaking. E.O. 14270 does not
direct the Secretary to rescind or reissue any particular regulation.
The Secretary retains his full authority to issue and repeal
regulations under the five relevant statutes and their amendments. The
President has directed only the manner in which the Secretary is to
review and extend the conditional sunset dates for covered regulations,
as defined in E.O. 14270.
[[Page 31871]]
B. DOE's Determination
Independent of E.O. 14270, DOE separately determines that it is
good public policy to routinely review agency regulations and that this
sunset rule is an appropriate mechanism to compel that review. Energy
markets and needs are constantly changing. So is new energy technology.
DOE's regulations must adapt to this changing landscape to foster
innovation and growth. Having regulations expire unless extended would
ensure DOE's regulations are programmatically reviewed. Simply
promising to review rules is insufficient because it fails to provide
the agency with an adequate incentive to periodically review its
regulations.
E.O. 14270 covers a diversity of statutes, which all involve
energy-production issues wherein science and technology are constantly
evolving, and wherein regulations must adapt to the current energy
needs of the country. For example, the Atomic Energy Act of 1954 is
designed to ``encourage scientific and industrial progress,'' a goal
that requires that the regulatory structure keep up with the rapid pace
of scientific and industrial innovation. 42 U.S.C. 2013(b).
The sunset provisions do not force the expiration or the extension
of any particular regulation. The decision whether to extend a
conditional sunset date will come later, as DOE reviews the various
covered regulations, as defined by E.O. 14270. DOE will consider the
ongoing need for each individual regulation at that time, along with
the particular statutory authorities for each regulation.
DOE is not the first governmental entity to consider a sunset
rule--it is not even the first Federal agency to adopt one. On January
19, 2021, Health and Human Services adopted a sunset rule, 86 FR 5694,
although it was later withdrawn, 87 FR 32246. Beyond that, many states
have automatic sunset provisions. In New Jersey, for example,
regulations automatically expire after seven years unless extended by
the agency. N.J. Stat. Ann. sec. 52:14B-5.1(b). Indiana likewise has a
seven-year sunset rule. Ind. Code sec. 4-22-2.5-2. And in 2019, the
state of Idaho underwent a sunset review process for its entire
regulatory code--ultimately rescinding more than 19,000 regulatory
restrictions as part of the process. Office of Gov. Brad Little,
Idaho's Historic Regulatory Cuts (July 2019). Other countries have also
imposed sunset provisions, including South Korea. OECD Reviews of
Regulatory Reform, Regulatory Policy in Korea, Toward Better
Regulation, at 86 (2017), <a href="https://publicadministration.un.org/unpsa/Portals/0/UNPSA_Submitted_Docs/2019/4cd3e219-c819-40f3-8246-7a024d9a82a9/2020%20UNPSA_the%20Regulatory">https://publicadministration.un.org/unpsa/Portals/0/UNPSA_Submitted_Docs/2019/4cd3e219-c819-40f3-8246-7a024d9a82a9/2020%20UNPSA_the%20Regulatory</a>
%20Reform%20Sinmungo_Evaluation%20Report_27112019_032807_e4d166a9-f6ef-
4a6c-9aaf-99748fa94284.pdf?ver=2019-11-27-032807-637.
Previous administrations have also recommended sunset provisions.
An Obama administration report from the Council of Economic Advisors
explained that sunset provisions could be useful in the context of
occupational licensing ``because, even if licensing was justified when
first introduced, technological and economic changes may have rendered
it unnecessary or overly restrictive.'' Occupational Licensing: A
Framework for Policymakers, The White House, at 48-50 (July 2015),
<a href="https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf">https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf</a>.
Overall, a sunset rule is one of the most important tools a
government can use to reduce regulatory costs. Russell S. Sobel & John
A. Dove, State Regulatory Review: A 50 State Analysis of Effectiveness
36 (Mercatus Ctr., Working Paper No. 12-18, 2012), <a href="https://www.mercatus.org/system/files/State-Regulatory-Review-50-State-Analysis-Effectiveness.pdf">https://www.mercatus.org/system/files/State-Regulatory-Review-50-State-Analysis-Effectiveness.pdf</a>. This is consistent with the Secretary's
policy of deregulation. The agency is committed to repealing outdated
and unnecessary regulations as a pathway to maximize human freedom,
stimulate economic growth, and promote innovation. Unless a regulation
is statutorily required or critical to the public interest, the
agency's general policy view is that it should be withdrawn and removed
as expeditiously as possible. The sunset rule is the best way to
achieve the Secretary's policy.
The Secretary's general authority to issue a sunset rule comes from
DOE's general ``housekeeping'' authority, see 5 U.S.C. 301, as well as
the same regulatory authority used to initially issue the regulations
under the relevant statutes. Furthermore, ``[t]he Secretary is
authorized to prescribe such procedural and administrative rules and
regulations as he may deem necessary or appropriate to administer and
manage the functions'' vested in DOE. 42 U.S.C. 7254.
IV. Procedural Issues and Regulatory Review
A. Executive Order 12866
E.O. 12866, ``Regulatory Planning and Review'' 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;
(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; (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 fees or marketable permits, or
providing information upon which choices can be made by the public. For
the reasons stated in the preamble, this DFR is consistent with these
principles. Although the agency remains free to extend the sunset date
on any particular regulation, the sunset rule is expected to generally
result in decreased regulatory burdens and to ensure that regulations
remain up to date in light of changing circumstances.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB)
for review. OIRA has determined that this regulatory action is a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was subject to review under that Executive
Order by OIRA.
B. Administrative Procedure Act
A direct final rule is a regulatory document that is used for non-
controversial regulatory amendments.\2\ The direct final rule process
allows an agency to issue a rule without having to go through the
review process twice (i.e., at the proposed and final rule stages),
while at the same time offering the public the opportunity to challenge
the agency's view that the rule is non-controversial. Consistent with
E.O. 14270, this rulemaking would add a conditional sunset date to
covered regulations, as defined by E.O. 14270. As previously explained,
adding these conditional sunset dates does not require DOE to rescind
or extend a regulation. Therefore, because DOE does
[[Page 31872]]
not anticipate significant public comments on this rulemaking and
considers it to be non-controversial, DOE is using the ``direct final
rule procedure'' for this rule. The amendments are effective on July
13, 2026. However, if DOE receives significant adverse comments on any
part of this direct final rule by June 29, 2026, then DOE will publish
a document that withdraws any such part of this action and will address
the comments received in a subsequent final rule as a response to the
companion notice of proposed rulemaking published in this issue of the
Federal Register or take other action as appropriate.
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\2\ Direct final rules fall under the ``unnecessary'' prong of
the ``good cause'' exemption in 5 U.S.C. 553(b)(B), which DOE relies
on here. See Admin. Conference of the U.S., Recommendation 95-4,
Procedures for Noncontroversial and Expedited Rulemaking, 60 FR
43108, 43110-43111 (Aug. 18, 1995).
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
an agency prepare an initial regulatory flexibility analysis whenever
an agency is required by section 553 of this title, or any other law,
to publish general notice of proposed rulemaking for any proposed rule.
DOE is not obligated to prepare a regulatory flexibility analysis for
this rulemaking because there is not a requirement to publish a general
notice of proposed rulemaking under the Administrative Procedure Act.
See 5 U.S.C. 601(2), 603(a). DOE notes that the companion proposed rule
addresses whether the preparation of an initial regulatory analysis is
warranted.
D. Paperwork Reduction Act of 1995
This direct final rule imposes no new information or record-keeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act. 44 U.S.C. 3501 et seq.
E. National Environmental Policy Act of 1969
DOE has considered this DFR in accordance with NEPA, as amended,
DOE's NEPA implementing regulations, set forth in 10 CFR part 1021, and
DOE's NEPA implementing procedures published outside the Code of
Federal Regulations on June 30, 2025. DOE has determined that NEPA does
not apply to this action as this DFR is an administrative and routine
action excepted from NEPA review necessary to add sunset provisions to
certain DOE's regulations consistent with E.O. 14270. DOE has
determined that this rulemaking is a Federal action, but it is not
``major'' and therefore not subject to NEPA. This action is one in
which NEPA does not apply because it does not fall within the
definition of ``major Federal action'' in section 110(10) of NEPA, 42
U.S.C. 4336e(10). For more information, please see appendix A of 10 CFR
part 1021 (``A6, Procedural rulemakings'') and appendix A of DOE's NEPA
implementing procedures, A6, Procedural rulemakings (June 30, 2025).
Furthermore, before allowing specific regulations to expire, DOE will
determine whether NEPA applies and, as appropriate, determine the level
of NEPA review required in accordance with DOE's NEPA implementing
procedures (Sections 2.1 and 2.2).
F. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, Civil
Justice Reform, 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, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 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 E.O. 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, this procedural
rulemaking meets the relevant standards of E.O. 12988.
G. Executive Order 13132
E.O. 13132, Federalism, imposes certain requirements on Federal
agencies formulating and implementing policies or regulations that
preempt State law or that have federalism implications. 64 FR 43255
(Aug. 10, 1999), E.O. 13132 requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The E.O. also requires agencies to have
an accountable process to ensure meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications. On March 14, 2000, DOE published a statement
of policy describing the intergovernmental consultation process it will
follow in the development of such regulations. 65 FR 13735.
DOE has examined this DFR and has determined that it will not
preempt State law and will 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. The DFR does not directly affect any
substantive DOE regulation that might implicate federalism because it
is a procedural rule. Accordingly, no further action is required by
E.O. 13132.
H. Executive Order 13175
Under E.O. 13175, Consultation and Coordination With Indian Tribal
Governments, DOE may not issue a discretionary rule that has Tribal
implications and imposes substantial direct compliance costs on Indian
Tribal governments. 65 FR 67249, (Nov. 9, 2000). DOE has determined
that this DFR will not have such effects and has concluded that E.O.
13175 does not apply to this DFR.
I. Unfunded Mandates Reform Act
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
[[Page 31873]]
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>.
DOE examined this DFR according to UMRA and its statement of policy
and determined that adding the sunset provisions does not contain a
Federal intergovernmental mandate, nor is it expected to require
expenditures of $100 million or more in any one year by State, local,
and Tribal governments, in the aggregate, or by the private sector. As
stated previously, adding the sunset provision does not direct the
Secretary to rescind or reissue any particular regulation, but rather
the provisions require the Secretary to review whether extending the
regulations is warranted. As a result, the analytical requirements of
UMRA do not apply.
J. Treasury and General Government Appropriations Act of 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This DFR will not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
K. Treasury and General Government Appropriations Act, 2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>.
DOE has reviewed this direct final rule under the OMB and DOE
guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
L. Executive Order 13211
E.O. 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 OIRA at OMB, a
Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates 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 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 regulatory action will not have a significant adverse effect
on the supply, distribution, or use of energy, nor has it been
designated as such by the Administrator at OIRA. Accordingly, DOE has
not prepared a Statement of Energy Effects.
M. Additional Executive Orders and Presidential Memoranda
DOE has examined this direct final rule and has 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; and Presidential Memorandum, Delivering Emergency Price
Relief for American Families and Defeating the Cost-of-Living Crisis.
This DFR is not subject to E.O. 14192, Unleashing Prosperity Through
Deregulation, 90 FR 9065 (February 6, 2025). As stated previously,
adding a sunset provision to covered regulations does not rescind or
extend any particular regulation. Thus, this action is neither
regulatory nor deregulatory under E.O. 14192. Moreover, E.O. 14270
explicitly states that ``[n]either a determination to extend the
conditional sunset date of a particular regulation, nor a regulation
that expires as a result of [E.O. 14270], shall count towards the ten-
for-one regulatory requirement in Executive Order 14192[.]'' E.O.
14270, section 5(a).
N. Congressional Review Act
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule. The report will state that it has been
determined that the rule is not a ``major rule'' as defined by 5 U.S.C.
804(2). The DFR does not rescind or reissue any particular regulation
but rather the DFR requires the Secretary to review whether extending
the regulations is warranted.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this direct
final rule and request for comments.
List of Subjects
10 CFR Part 300
Administrative practice and procedure, Buildings and facilities,
Business and industry, Energy conservation, Grant programs--energy,
Housing, Reporting and recordkeeping requirements, Technical
assistance.
10 CFR Part 602
Grant programs--health, Medical research, Occupational safety and
health, Reporting and recordkeeping requirements.
10 CFR Part 605
Accounting, Administrative practice and procedure, Adult education,
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business
and industry, Civil rights, Colleges and universities, Communications,
Community development, Community facilities, Copyright, Credit,
Cultural exchange programs, Educational facilities, Educational
research, Education, Education of disadvantaged, Education of
individuals with disabilities, Educational study programs, Electric
power, Electric power rates, Electric utilities, Elementary and
secondary education, Energy conservation, Equal educational
opportunity, Federally affected areas, Government contracts, Grant
programs, Grants administration, Guam, Home improvement, Homeless,
Hospitals, Housing, Human research subjects, Indians, Indians--
education, Infants and children, Insurance, Intergovernmental
relations, International organizations, Inventions and patents, Loan
programs, Manpower training programs, Migrant labor, Mortgage
insurance, Nonprofit organizations, Northern Mariana Islands, Pacific
Islands Trust Territories, Privacy, Renewable Energy, Reporting and
recordkeeping requirements, Rural areas, Scholarships and fellowships,
School construction, Schools, Science and technology, Securities, Small
businesses, State and local governments, Student aid, Teachers,
[[Page 31874]]
Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands,
Vocational education, Vocational rehabilitation, Waste treatment and
disposal, Water pollution control, Water resources, Water supply,
Watersheds, Women.
10 CFR Part 706
Administrative practice and procedure, Labor management relations,
Security measures.
10 CFR Part 708
Administrative practice and procedure, Whistleblowing.
10 CFR Part 712
Administrative practice and procedure, Alcohol abuse, Classified
information, Drug abuse, Government contracts, Government employees,
Health, Occupational safety and health, Radiation protection, Security
measures.
10 CFR Part 719
Government contracts, Legal services.
10 CFR Part 725
Classified information, Nuclear energy, Reporting and recordkeeping
requirements.
10 CFR Part 727
Classified information, Computer technology, Government employees,
National defense.
10 CFR Part 733
Investigations, Reporting and recordkeeping requirements, Science
and technology, Scientists.
10 CFR Part 760
Public lands--mineral resources, Reporting and recordkeeping
requirements, Radioactive materials.
10 CFR Part 766
Confidential business information, Electric utilities, Nuclear
energy, Radioactive materials, Reporting and recordkeeping
requirements, Waste treatment and disposal.
10 CFR Part 782
Claims, Copyright, Inventions and patents.
10 CFR Part 783
Inventions and patents.
10 CFR Part 784
Inventions and patents.
10 CFR Part 824
Government contracts, Nuclear energy, Penalties, Security measures.
10 CFR Part 840
Administrative practice and procedure, Government contracts,
Nuclear energy, Reporting and recordkeeping requirements.
10 CFR Part 860
Federal buildings and facilities, Penalties, Security measures.
10 CFR Part 861
Federal buildings and facilities, Penalties, Traffic regulations.
10 CFR Part 862
Aircraft, Federal buildings and facilities, Security measures.
10 CFR Part 950
Government contracts, Radiation protection.
10 CFR Part 960
Hazardous waste, Nuclear energy, Radiation protection.
10 CFR Part 963
Hazardous waste, Nuclear energy, Radiation protection.
10 CFR Part 1009
Fees.
10 CFR Part 1015
Administrative practice and procedure, Antitrust, Claims, Fraud,
Government employees, Privacy.
10 CFR Part 1016
Classified information, Nuclear energy, Reporting and recordkeeping
requirements, Security measures.
10 CFR Part 1045
Classified information.
10 CFR Part 1046
Government contracts, Reporting and recordkeeping requirements,
Security measures.
10 CFR Part 1061
Administrative practice and procedure.
Signing Authority
This document of the Department of Energy was signed on May13,
2026, by Chris Wright, 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 May 27, 2026.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends chapters II,
III, and X of title 10 of the Code of Federal Regulations, as set forth
below.
PART 300--VOLUNTARY GREENHOUSE GAS REPORTING PROGRAM: GENERAL
GUIDELINES
0
1. The authority citation for part 300 continues to read as follows:
Authority: 42 U.S.C. 7101, et seq., and 42 U.S.C. 13385(b).
0
2. Add Sec. 300.14 to read as follows:
Sec. 300.14 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 602--EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL
ASSISTANCE PROGRAM
0
3. The authority citation for part 602 continues to read as follows:
Authority: 42 U.S.C. 2051; 42 U.S.C. 5817; 42 U.S.C. 5901-5920;
42 U.S.C. 7254 and 7256; 31 U.S.C. 6301-6308.
0
4. Add Sec. 602.20 to read as follows:
Sec. 602.20 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 605--THE OFFICE OF SCIENCE FINANCIAL ASSISTANCE PROGRAM
0
5. The authority citation for part 605 continues to read as follows:
Authority: Section 31 of the Atomic Energy Act, as amended, Pub.
L. 83-703, 68 Stat. 919 (42 U.S.C. 2051); sec. 107 of the Energy
Reorganization Act of 1974, Pub. L. 93-438, 88 Stat. 1240 (42 U.S.C.
5817); Federal Nonnuclear Energy Research and Development Act of
1974, Pub. L. 93-577, 88 Stat. 1878 (42 U.S.C. 5901 et seq.); secs.
644 and 646 of the Department of Energy Organization Act, Pub. L.
95-91, 91 Stat. 599 (42 U.S.C. 7254 and 7256); Federal Grant and
Cooperative Agreement Act, as amended (31 U.S.C. 6301 et seq.).
0
6. Add Sec. 605.21 to read as follows:
[[Page 31875]]
Sec. 605.21 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 706--SECURITY POLICIES AND PRACTICES RELATING TO LABOR-
MANAGEMENT RELATIONS
0
7. The authority citation for part 706 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended; 42 U.S.C. 2201.
0
8. Add Sec. 706.41 to read as follows:
Sec. 706.41 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 708--DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM
0
9. The authority citation for part 708 continues to read as follows:
Authority: 42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42
U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5
U.S.C. Appendix 3.
0
10. Add Sec. 708.44 to read as follows:
Sec. 708.44 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 712--HUMAN RELIABILITY PROGRAM
0
11. The authority citation for part 712 continues to read as follows:
Authority: 42 U.S.C. 2165; 42 U.S.C. 2201; 42 U.S.C. 5814-5815;
42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 10450, 3 CFR
1949-1953 Comp., p. 936, as amended; E.O. 10865, 3 CFR 1959-1963
Comp., p. 398, as amended; 3 CFR Chap. IV.
0
12. Add Sec. 712.39 to read as follows:
Sec. 712.39 Sunset provision.
Sections in this part will automatically expire July 13, 2031,
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 719--CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS
0
13. The authority citation for part 719 continues to read as follows:
Authority: 42 U.S.C. 2201, 5814, 5815 and 7101, et seq.; 50
U.S.C. 2401, et seq.
0
14. Add Sec. 719.53 to read as follows:
Sec. 719.53 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 725--PERMITS FOR ACCESS TO RESTRICTED DATA
0
15. The authority citation for part 725 continues to read as follows:
Authority: Sec. 161 of the Atomic Energy Act of 1954, as
amended, 68 Stat. 943, 42 U.S.C. 2201.
0
16. Add Sec. 725.32 to read as follows:
Sec. 725.32 Sunset provision.
Sections in this part will automatically expire July 13, 2031,
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 727--CONSENT FOR ACCESS TO INFORMATION ON DEPARTMENT OF ENERGY
COMPUTERS
0
17. The authority citation for part 727 continues to read as follows:
Authority: 42 U.S.C. 7101, et seq.; 42 U.S.C. 2011, et. seq.;
50 U.S.C. 2425, 2483; E.O. No. 12958, 60 FR 19825, 3 CFR, 1995
Comp., p. 333; and E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p.
391.
0
18. Add Sec. 727.7 to read as follows:
Sec. 727.7 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 733--ALLEGATIONS OF RESEARCH MISCONDUCT
0
19. The authority citation for part 733 continues to read as follows:
Authority: 42 U.S.C. 2201; 7254; 7256; 7101 et seq.; 50 U.S.C.
2401 et seq.
0
20. Add Sec. 733.9 to read as follows:
Sec. 733.9 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 760--DOMESTIC URANIUM PROGRAM
0
21. The authority citation for part 760 is added to read as follows:
Authority: The Atomic Energy Act of 1954, as amended (68 Stat.
919, 42 U.S.C. 2011 et seq.)
Sec. 760.1 [Amended]
0
22. Amend Sec. 760.1 by removing the parenthetical authority citation
at the end of the section.
0
23. Add Sec. 760.2 to read as follows:
Sec. 760.2 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 766--URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND; PROCEDURES FOR SPECIAL ASSESSMENT OF DOMESTIC UTILITIES
0
24. The authority citation for part 766 continues to read as follows:
Authority: 42 U.S.C. 2201, 2297g, 2297g-1, 2297g-2, 7254.
0
25. Add Sec. 766.108 to read as follows:
Sec. 766.108 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 782--CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT
0
26. The authority citation for part 782 continues to read as follows:
Authority: Dept. of Energy Organization Act; sec. 651, 91 Stat.
601, 42 U.S.C. 7261; Atomic Energy Act of 1954; sec. 107(d), 88
Stat. 1241, 42 U.S.C. 5817(d); sec. 161(g), 80 Stat. 443, 42 U.S.C.
2201(g); sec. 172, 62 Stat. 933, 42 U.S.C. 2223; Foreign Assistance
Act of 1961, sec. 2356, 75 Stat. 440, 22 U.S.C. 2356; Patents,
Invention Secrecy Act; sec. 183, 66 Stat. 4, 35 U.S.C. 183;
Judiciary and Judicial Procedure Act, sec. 1498, 62 Stat. 601, 28
U.S.C. 1498.
0
27. Add Sec. 782.9 to read as follows:
Sec. 782.9 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 783--WAIVER OF PATENT RIGHTS
0
28. The authority citation for part 783 continues to read as follows:
Authority: Secs. 152, 161, 68 Stat. 944, 948, as amended; (42
U.S.C. 2182, 2201).
0
29. Add Sec. 783.3 to read as follows:
Sec. 783.3 Sunset provision.
Sections in this part will automatically expire July 13, 2027
[[Page 31876]]
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 784--PATENT WAIVER REGULATION
0
30. The authority citation for part 784 continues to read as follows:
Authority: 42 U.S.C. 7151; 42 U.S.C. 5908; 42 U.S.C. 2182; 35
U.S.C. 202 and 210; 42 U.S.C. 7261a.
0
31. Add Sec. 784.14 to read as follows:
Sec. 784.14 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS
0
32. The authority citation for part 824 continues to read as follows:
Authority: 42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401
et seq.; 28 U.S.C. 2461 note.
0
33. Add Sec. 824.17 to read as follows:
Sec. 824.17 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 840--EXTRAORDINARY NUCLEAR OCCURRENCES
0
34. The authority citation for part 840 continues to read as follows:
Authority: Sec. 161 of the Atomic Energy Act of 1954, Pub. L.
83-703, 68 Stat. 919 (42 U.S.C. 2201); sec. 170 of the Atomic Energy
Act of 1954, Pub. L. 85-256, 71 Stat. 576, as amended by Pub. L. 89-
645, 80 Stat. 891 (42 U.S.C. 2210); Department of Energy
Organization Act, Pub. L. 95-91, 91 Stat. 565-613 (42 U.S.C. 7101-
7352).
0
35. Add Sec. 840.6 to read as follows:
Sec. 840.6 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 860--TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY
0
36. The authority citation for part 860 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, sec. 229, 70 Stat. 1070; (42
U.S.C. 2201; 2278a); sec. 104, 88 Stat. 1237, sec. 105, 88 Stat.
1238 (42 U.S.C. 5814, 5815); sec. 5, Pub. L. 100-185, 101 Stat. 1279
(18 U.S.C. 3559); sec. 6, Pub. L. 100-185, 101 Stat. 1280 (18 U.S.C.
3571); sec. 7041, Pub. L. 100-690, 102 Stat. 4899 (18 U.S.C. 3559).
0
37. Add Sec. 860.9 to read as follows:
Sec. 860.9 Sunset provision.
Sections in this part will automatically expire July 13, 2031,
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 861--CONTROL OF TRAFFIC AT NEVADA TEST SITE
0
38. The authority citation for part 861 continues to read as follows:
Authority: 42 U.S.C. 2201.
0
39. Add Sec. 861.8 to read as follows:
Sec. 861.8 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 862--RESTRICTIONS ON AIRCRAFT LANDING AND AIR DELIVERY AT
DEPARTMENT OF ENERGY NUCLEAR SITES
0
40. The authority citation for part 862 continues to read as follows:
Authority: 42 U.S.C. 2201(b), 2201(i) and 2278(a).
0
41. Add Sec. 862.8 to read as follows:
Sec. 862.8 Sunset provision.
Sections in this part will automatically expire July 13, 2031,
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 950--STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS
0
42. The authority citation for part 950 continues to read as follows:
Authority: 42 U.S.C. 2201, 42 U.S.C. 7101 et seq., and 42 U.S.C.
16014.
0
43. Add Sec. 950.43 to read as follows:
Sec. 950.43 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 960--GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF
POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY
0
44. The authority citation for part 960 continues to read as follows:
Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42
U.S.C. 10101 et seq.
0
45. Add Sec. 960.6 to subpart D to read as follows:
Sec. 960.6 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 963--YUCCA MOUNTAIN SITE SUITABILITY GUIDELINES
0
46. The authority citation for part 963 continues to read as follows:
Authority: 42 U.S.C. 2011 et seq.; 42 U.S.C. 7101 et seq.; 42
U.S.C. 10101, et seq.
0
47. Add Sec. 963.18 to read as follows:
Sec. 963.18 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 1009--GENERAL POLICY FOR PRICING AND CHARGING FOR MATERIALS
AND SERVICES SOLD BY DOE
0
48. The authority citation for part 1009 continues to read as follows:
Authority: Sec. 644 of the Dept. of Energy Organization Act,
Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7254); Atomic Energy Act of
1954, as amended (42 U.S.C. 2011 et seq.) ``User Fee Statute'', 31
U.S.C. 483a, 42 U.S.C. 2111, 2112 and 2201.
0
49. Add Sec. 1009.7 to read as follows:
Sec. 1009.7 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 1015--COLLECTION OF CLAIMS OWED THE UNITED STATES
0
50. The authority citation for part 1015 continues to read as follows:
Authority: 31 U.S.C. 3701, 3711, 3716, 3717, 3718, and 3720B; 42
U.S.C. 2201 and 7101, et seq.; 50 U.S.C. 2401 et seq.
0
51. Add Sec. 1015.506 to subpart E to read as follows:
[[Page 31877]]
Sec. 1015.506 Sunset provision.
Sections in this part will automatically expire July 13, 2027
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 1016--SAFEGUARDING OF RESTRICTED DATA BY ACCESS PERMITTEES
0
52. The authority citation for part 1016 continues to read as follows:
Authority: Sec. 161i of the Atomic Energy Act of 1954, 68 Stat.
948 (42 U.S.C. 2201).
0
53. Add Sec. 1016.33 to read as follows:
Sec. 1016.33 Sunset provision.
Sections in this part will automatically expire July 13, 2031,
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 1045--NUCLEAR CLASSIFICATION AND DECLASSIFICATION
0
54. The authority citation for part 1045 continues to read as follows:
Authority: 42 U.S.C. 2011; E.O. 13526, 75 FR 705, 3 CFR 2010
Comp., pp. 298-327.
0
55. Add Sec. 1045.226 to read as follows:
Sec. 1045.226 Sunset provision.
Sections in this part will automatically expire July 13, 2031,
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
PART 1046--MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS
AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL
0
56. The authority citation for part 1046 continues to read as follows:
Authority: 42 U.S.C. 2011, et seq.; 42 U.S.C. 7101, et seq.; 50
U.S.C. 2401, et seq.
0
57. Add Sec. 1046.21 to read as follows:
Sec. 1046.21 Sunset Provision.
Sections in this part will automatically expire July 13, 2031,
unless the section expires earlier, is rescinded, or the sunset
provision is extended pursuant to 10 CFR 1061.101.
0
58. Add part 1061 to read as follows:
PART 1061--GENERAL SUNSET PROVISIONS
Authority: 42 U.S.C. 7254; E.O. 14270 (April 9, 2025).
Sec. 1061.101 Sunset Provisions.
(a) Pursuant to a sunset provision, an affected section will
automatically expire and cease to be effective on the identified
conditional sunset date unless the section expires, is rescinded, or is
extended prior to that date.
(b) If, prior to the expiration of a Section, the Secretary of
Energy or designee (Secretary) makes a written determination that an
extension of the Section is warranted, the Secretary may continue the
sections for a period stated in the determination, which shall not
exceed five calendar years from the date of the determination. DOE
shall promptly publish in the Federal Register a written determination
of any extension under this section.
(c) Amendments to an existing regulation shall not extend its
sunset date.
(d) DOE will give the public an opportunity to comment on the costs
and benefits of extending any regulations covered by a sunset
provision, through a request for information or other means, before
allowing any regulation to expire.
[FR Doc. 2026-10727 Filed 5-28-26; 8:45 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on May 29, 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.