State of Indiana: Discontinuance of Certain Commission Regulatory Authority Within the State, Notice of Agreement Between the Nuclear Regulatory Commission and the State of Indiana

Issuing agencies

Abstract

This notice is announcing that on September 24, 2026, Ho K. Nieh, Chairman of the U.S. Nuclear Regulatory Commission (NRC or Commission), and Governor Michael Braun of the State of Indiana, signed an Agreement as authorized by Section 274b. of the Atomic Energy Act of 1954, as amended (the Act or AEA). Under the Agreement, the Commission discontinues its regulatory authority, and the State of Indiana assumes regulatory authority over byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass, as defined in Sections 11e.(1), 11e.(3), and 11e(4) of the AEA.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 190 (Friday, October 2, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Rules and Regulations]
[Pages 62635-62636]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20276]



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

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


Federal Register / Vol. 91, No. 190 / Friday, October 2, 2026 / Rules 
and Regulations

[[Page 62635]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 150

[NRC-2026-1387]


State of Indiana: Discontinuance of Certain Commission Regulatory 
Authority Within the State, Notice of Agreement Between the Nuclear 
Regulatory Commission and the State of Indiana

AGENCY: Nuclear Regulatory Commission.

ACTION: Final state agreement.

-----------------------------------------------------------------------

SUMMARY: This notice is announcing that on September 24, 2026, Ho K. 
Nieh, Chairman of the U.S. Nuclear Regulatory Commission (NRC or 
Commission), and Governor Michael Braun of the State of Indiana, signed 
an Agreement as authorized by Section 274b. of the Atomic Energy Act of 
1954, as amended (the Act or AEA).
    Under the Agreement, the Commission discontinues its regulatory 
authority, and the State of Indiana assumes regulatory authority over 
byproduct materials, source materials, and special nuclear materials in 
quantities not sufficient to form a critical mass, as defined in 
Sections 11e.(1), 11e.(3), and 11e(4) of the AEA.

DATES: The effective date of the Agreement is September 30, 2026.

ADDRESSES: Please refer to Docket ID NRC-2026-1387 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID NRC-2026-1387. Address 
questions about Docket IDs in <a href="http://Regulations.gov">Regulations.gov</a> to Bridget Curran; 
telephone: 301-415-1003; email: <a href="/cdn-cgi/l/email-protection#5a1828333e3d3f2e74192f28283b341a342839743d352c"><span class="__cf_email__" data-cfemail="1250607b767577663c51676060737c527c60713c757d64">[email&#160;protected]</span></a>. For technical 
questions, contact the individual(s) listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Document collection at <a href="https://www.nrc.gov/reading-rm/adams.html">https://www.nrc.gov/reading-rm/adams.html</a>. To begin the search, select ``Begin ADAMS Public Search.'' 
For problems with ADAMS, please contact the NRC's Public Document Room 
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email 
to <a href="/cdn-cgi/l/email-protection#a1f1e5f38ff3c4d2ced4d3c2c4e1cfd3c28fc6ced7"><span class="__cf_email__" data-cfemail="1f4f5b4d314d7a6c706a6d7c7a5f716d7c31787069">[email&#160;protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#772733255925120418020514123719051459101801"><span class="__cf_email__" data-cfemail="ca9a8e98e498afb9a5bfb8a9af8aa4b8a9e4ada5bc">[email&#160;protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sherrie Flaherty, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7288; email: 
<a href="/cdn-cgi/l/email-protection#4d1e25283f3f2428630b212c25283f39340d233f2e632a223b"><span class="__cf_email__" data-cfemail="7f2c171a0d0d161a5139131e171a0d0b063f110d1c51181009">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Additional Background Information on Indiana Agreement

    The NRC published the proposed Agreement in the Federal Register 
for comment once each week for four consecutive weeks on May 15, 2026 
(91 FR 27987), Corrected version May 21, 2026 (91 FR 29988), May 22, 
2026 (91 FR 30333), May 29, 2026 (91 FR 32129), and June 5, 2026 (91 FR 
34251), as required by the Act. The comment period ended on June 15, 
2026. The NRC received one comment from the Organization of Agreement 
States in support of the Agreement. No changes in the proposed 
Agreement or the staff's conclusions in the draft staff assessment of 
the State's program were made in response to the comment. The NRC staff 
determined that the Indiana Agreement State program is adequate to 
protect the public health and safety and compatible with the NRC's 
program. The Indiana Agreement is consistent with Commission policy and 
thus meets the criteria for an Agreement with the Commission.
    After considering the request for an Agreement by the Governor of 
Indiana, the supporting documentation submitted with the request for an 
Agreement, and its interactions with the staff of the Indiana 
Department of Homeland Security, the NRC staff completed an assessment 
of the Indiana program. The agency made a copy of the staff assessment 
available in the NRC's PDR and electronically on the NRC's website. 
Based on the staff's assessment, the Commission determined on September 
30, 2026, that the Indiana program for control of radiation hazards is 
adequate to protect the public health and safety and compatible with 
the Commission's program. As of the effective date of the Agreement, a 
person in Indiana possessing these materials is exempt from certain 
Commission regulations. The exemptions have been previously published 
in the Federal Register and are codified in the Commission's 
regulations. The Agreement is published here as required by Section 
274e. of the Act.
    This Agreement is a rule as defined in the Congressional Review Act 
(5 U.S.C. 801-808). The Office of Management and Budget has found that 
this action does not meet the criteria at 5 U.S.C. 804(2). The Office 
of Information and Regulatory Affairs has determined that this 
Agreement is not a significant regulatory action under Executive Order 
12866.

II. Availability of Documents

    The ADAMS Accession numbers for the request for an Agreement by the 
Governor of Indiana, including all information and documentation 
submitted in support of the request, and the NRC staff assessment are 
identified in the following table.

------------------------------------------------------------------------
       Document description                  ADAMS Accession No.
------------------------------------------------------------------------
Final Indiana Application Section   ML26068A234
 4.1 Legal Elements (Revised),
 dated January 29, 2026.

[[Page 62636]]

 
Final Indiana Application Section   ML26068A235
 4.2 Regulatory Requirements
 Program Elements (Revised), dated
 January 29, 2026.
Final Indiana Application Section   ML26068A236
 4.3 Licensing Program Elements
 (Revised), dated January 29, 2026.
Final Indiana Application Section   ML26068A237
 4.4 Inspection Program Elements
 (Revised), dated January 21, 2026.
Final Indiana Application Section   ML26068A238
 4.5 Enforcement Program Elements
 (Revised), dated January 29, 2026.
Final Indiana Application Section   ML26068A239
 4.6 Technical Staffing and
 Training Program Elements
 (Revised), dated January 29, 2026.
Final Indiana Application Section   ML26068A240
 4.7 Event and Allegation Response
 Program Elements (Revised), dated
 January 29, 2026.
Indiana Application Request for     ML26068A127
 Additional Information, dated
 February 27, 2026.
Receipt from C. Eckstein            ML26026A076
 Acknowledging Indiana Revisions
 to Regulations 290 IAC 3-1
 through 3-18, dated January 26,
 2026.
Letter from C. Eckstein re:         ML26068A068
 Indiana Revisions to Regulations
 290 IAC 3-1 through 3-18, dated
 February 27, 2026.
Indiana Response to RAI, dated      ML26068A126
 March 9, 2026.
Letter from Governor Mike Braun,    ML26033A182
 Indiana, to Chairman Nieh
 requesting agreement be
 established between the NRC and
 State of Indiana, received
 January 29, 2026.
Staff Requirements Memorandum for   ML26125A146 (package)
 SECY-26-0053 ``Proposed Agreement
 Between the State of Indiana and
 the Commission Pursuant to
 Section 274 of the Atomic Energy
 Act of 1954, as Amended,'' dated
 May 5, 2026.
SECY-26-0053 ``Proposed Agreement   ML26069A564
 Between the State of Indiana and
 the Commission Pursuant to
 Section 274 of the Atomic Energy
 Act of 1954, as Amended,'' dated
 April 10, 2026.
Draft Staff Assessment of the       ML26069A567
 Proposed Indiana Program, dated
 April 10, 2026.
State Agreement (SA)-700            ML22138A414
 Processing an Agreement final,
 dated June 15, 2022.
SA-700 Handbook for Processing an   ML22140A396
 Agreement Procedure final, dated
 June 17, 2022.
SECY-26-0098, includes final NRC    ML26173A182 (package).
 staff assessment.
------------------------------------------------------------------------


    Authority: 42 U.S.C. 2011 et seq.

    Dated: September 30, 2026.

    For the Nuclear Regulatory Commission.
Jody Martin,
Secretary of the Commission.
[FR Doc. 2026-20276 Filed 10-1-26; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>