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Proposed Rule2026-10729

Zero-Based Regulating

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Published

May 29, 2026

Issuing agencies

Energy Department

Abstract

This proposed rule would insert sunset provisions into certain regulations, consistent with the Executive Order (E.O.), Zero-Based Regulatory Budgeting to Unleash American Energy (April 9, 2025), and agency policy. Each sunset provision would establish a conditional sunset date for covered regulations, as defined by the E.O. In this notice of proposed rulemaking (NOPR), the U.S. Department of Energy (DOE) proposes regulatory revisions identical to those set forth in a direct final rule published elsewhere in this issue of the Federal Register. If DOE receives significant adverse comments, DOE will publish a notice of withdrawal for the direct final rule and will proceed with this proposed rule.

Full Text

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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Proposed Rules]
[Pages 31985-31992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10729]

========================================================================
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.

========================================================================

Federal Register / Vol. 91, No. 103 / Friday, May 29, 2026 / Proposed
Rules

[[Page 31985]]

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: Notice of proposed rulemaking; request for comments.

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SUMMARY: This proposed rule would insert sunset provisions into certain
regulations, consistent with the Executive Order (E.O.), Zero-Based
Regulatory Budgeting to Unleash American Energy (April 9, 2025), and
agency policy. Each sunset provision would establish a conditional
sunset date for covered regulations, as defined by the E.O. In this
notice of proposed rulemaking (NOPR), the U.S. Department of Energy
(DOE) proposes regulatory revisions identical to those set forth in a
direct final rule published elsewhere in this issue of the Federal
Register. If DOE receives significant adverse comments, DOE will
publish a notice of withdrawal for the direct final rule and will
proceed with this proposed rule.

DATES: DOE will accept comments, data, and information regarding this
NOPR no later than June 29, 2026.

ADDRESSES: See section IV of this document, ``Public Participation,''
for details. 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-2025-0603. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number DOE-HQ-2025-0603, by any of the following
methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#622407060710030e3007050b111607102d32220a134c060d074c050d14"><span class="__cf_email__" data-cfemail="793f1c1d1c0b18152b1c1e100a0d1c0b3629391108571d161c571e160f">[email&#160;protected]</span></a>. Please include the docket
number DOE-HQ-2025-0603 in the subject line of the message.
(2) Postal Mail: U.S. Department of Energy, Office of the General
Counsel, 1000 Independence Avenue SW, Office, Washington, DC 20585.
(3) Hand Delivery/Courier: U.S. Department of Energy, Office of the
General Counsel, 1000 Independence Avenue SW, Office, Washington, DC
20585. Telephone: (202) 287-1445. If possible, please submit all items
on a CD, in which case it is not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted.
Docket: The docket for this proposed 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. See section IV of this document, Public
Participation, for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.

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#04426160617665685661636d777061764b54446c752a606b612a636b72"><span class="__cf_email__" data-cfemail="c88eadacadbaa9a49aadafa1bbbcadba879888a0b9e6aca7ade6afa7be">[email&#160;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. Proposed 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. Public Participation
V. Procedural Requirements
VI. 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., section 4(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

[[Page 31986]]

exempted permitting regimes authorized by statute. Id., section 5(c).
---------------------------------------------------------------------------

\1\ Id., sectionSec. 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.
---------------------------------------------------------------------------

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 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
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. Proposed Rule Overview

A. Sunset Provisions for Specific Covered Regulations

This notice of proposed rulemaking would insert a sunset provision
into its regulations codified in each of the parts previously listed.
This NOPR would amend 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 states: ``Sections in this part
will automatically expire [365 days from the effective date of a final
rule] unless the section 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 NOPR would set 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 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 preliminarily 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 NOPR would set a conditional sunset
date that is 5 years from the effective date for these provisions. DOE
requests comment on the costs and benefits of extending these
regulations.

B. Sunset Provisions for Covered Regulations Generally

This NOPR also would add 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 proposed general sunset
provisions would reiterate 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 proposed general sunset provisions would 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, section 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 proposed rule would
provide 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).

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, section 4(a). Consistent with this direction, DOE issues this
notice of proposed rulemaking. The President's directive provides an
independent and sufficient justification for this proposed 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 31987]]

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). Similarly,
EPCA and its amendments seek to conserve energy supplies and improve
energy efficiency of various consumer products and commercial equipment
and DOE is directed to routinely consider whether to make those
standards more stringent. DOE requests comment regarding the effects of
EPCA's anti-backsliding provision on technological developments,
resource allocations, market forces, and unnecessary intervention into
consumer, industrial and energy markets.
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 proposed 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. Public Participation

DOE will accept comments, data, and information regarding this NOPR
on or before the date provided in the DATES section. Interested parties
may submit comments, data, and other information using any of the
methods described in the ADDRESSES section at the beginning of this
document.
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 require you to provide your name and
contact information. Your contact information will not be publicly
viewable except for your first and last name(s), 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 the disclosure of
which 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

[[Page 31988]]

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 comments 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 telefacsimiles (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 written in English, and that are free of any defects or viruses.
Documents should not contain special characters or any form of
encryption. If possible, documents should carry the electronic
signature of the author.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that they believe to be confidential and
exempt by law from public disclosure should submit via email, postal
mail, or hand delivery/courier 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'' that deletes the information believed to be
confidential. Submit these documents via email or on a CD, if feasible.
DOE will make its own determination about the confidential status of
the information and will treat it according to its determination. It is
DOE's policy that all comments, including any personal information
provided in the comments, may be included in the public docket, without
change and as received, except for information deemed to be exempt from
public disclosure.

V. Procedural Issues and Regulatory Review

The regulatory reviews conducted for this proposed rule are
identical to those conducted for the direct final rule published
elsewhere in this issue of the Federal Register. Please see the direct
final rule for further details.

VI. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this notice of
proposed rulemaking 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,
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.

[[Page 31989]]

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 May 13,
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 proposes to amend
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 [365 days from the
effective date of a final rule] 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.

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:

Sec. 605.21 Sunset Provision.

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.

PART 708--DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM

0
9. The authority citation for part 708 continues to read as follows:

Authority: 41 U.S.C. 8102 et seq.; 42 U.S.C. 2012, 2013, 2051,
2061, 2165, 2201b, 2201i, and 2201p; 42 U.S.C. 5814 and 5815; 42
U.S.C. 7151, 7251, 7254, and 7256; 50 U.S.C. 2401 et seq.

0
10. Add Sec. 708.44 to read as follows:

Sec. 708.44 Sunset Provision.

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 [5 years from the
effective date of a final rule] unless the section expires earlier, is
rescinded, or the sunset provision is extended pursuant to 10 CFR
1061.101.

[[Page 31990]]

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.

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.

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.

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.

PART 760--DOMESTIC URANIUM PROGRAM

0
21. The authority citation for part 760 continues to read as follows:

Authority: The Atomic Energy Act of 1954, as amended (68 Stat.
919, 42 U.S.C. 2011 et seq.)

0
22. Add Sec. 760.2 to read as follows:

Sec. 760.2 Sunset Provision.

PART 766--URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND; PROCEDURES FOR SPECIAL ASSESSMENT OF DOMESTIC UTILITIES

0
23. The authority citation for part 766 continues to read as follows:

Authority: 42 U.S.C. 2201, 2297g, 2297g-1, 2297g-2, 7254.

0
24. Add Sec. 766.108 to read as follows:

Sec. 766.108 Sunset Provision.

PART 782--CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT

0
25. 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
26. Add Sec. 782.9 to read as follows:

Sec. 782.9 Sunset Provision.

PART 783--WAIVER OF PATENT RIGHTS

0
27. 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
28. Add Sec. 783.2 to read as follows:

Sec. 783.2 Sunset Provision.

PART 784--PATENT WAIVER REGULATION

0
29. 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
30. Add Sec. 784.14 to read as follows:

Sec. 784.14 Sunset Provision.

PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS

0
31. 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
32. Add Sec. 824.17 to read as follows:

Sec. 824.17 Sunset Provision.

PART 840--EXTRAORDINARY NUCLEAR OCCURRENCES

0
33. 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
34. Add Sec. 840.6 to read as follows:

[[Page 31991]]

Sec. 840.6 Sunset Provision.

PART 860--TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY

0
35. 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
36. Add Sec. 860.9 to read as follows:

Sec. 860.9 Sunset Provision.

PART 861--CONTROL OF TRAFFIC AT NEVADA TEST SITE

0
37. The authority citation for part 861 continues to read as follows:

Authority: 42 U.S.C. 2201.

0
38. Add Sec. 861.8 to read as follows:

Sec. 861.8 Sunset Provision.

PART 862--RESTRICTIONS ON AIRCRAFT LANDING AND AIR DELIVERY AT
DEPARTMENT OF ENERGY NUCLEAR SITES

0
39. The authority citation for part 862 continues to read as follows:

Authority: 42 U.S.C. 2201(b), 2201(i) and 2278(a).

0
40. Add Sec. 862.8 to read as follows:

Sec. 862.8 Sunset Provision.

PART 950--STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS

0
41. 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
42. Add Sec. 950.43 to read as follows:

Sec. 950.43 Sunset Provision.

PART 960--GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF
POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY

0
43. 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
44. Add Sec. 960.6 to read as follows:

Sec. 960.6 Sunset Provision.

PART 963--YUCCA MOUNTAIN SITE SUITABILITY GUIDELINES

0
45. 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
46. Add Sec. 963.18 to read as follows:

Sec. 963.18 Sunset Provision.

PART 1009--GENERAL POLICY FOR PRICING AND CHARGING FOR MATERIALS
AND SERVICES SOLD BY DOE

0
47. 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
48. Add Sec. 1009.7 to read as follows:

Sec. 1009.7 Sunset Provision.

PART 1015--COLLECTION OF CLAIMS OWED THE UNITED STATES

0
49. 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
50. Add Sec. 1015.506 to read as follows:

Sec. 1015.506 Sunset Provision.

PART 1016--SAFEGUARDING OF RESTRICTED DATA BY ACCESS PERMITTEES

0
51. 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
52. Add Sec. 1016.33 to read as follows:

Sec. 1016.33 Sunset Provision.

PART 1045--NUCLEAR CLASSIFICATION AND DECLASSIFICATION

0
53. 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
54. Add Sec. 1045.226 to read as follows:

Sec. 1045.226 Sunset Provision.

PART 1046--MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS
AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL

0
55. The authority citation for part 1046 continues to read as follows:

[[Page 31992]]

Authority: 42 U.S.C. 2011, et seq.; 42 U.S.C. 7101, et seq.; 50
U.S.C. 2401, et seq.

0
56. Add Sec. 1046.21 to read as follows:

Sec. 1046.21 Sunset Provision.

PART 1061--GENERAL SUNSET PROVISIONS

Authority: 42 U.S.C. 7254; Executive Order 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. 2026-10729 Filed 5-28-26; 8:45 am]
BILLING CODE 6450-01-P

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