NRC Reviews of Reactor Designs Previously Authorized by U.S. Department of Energy or Department of War

Issuing agencies

Abstract

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to facilitate direct leveraging of prior U.S. Department of Energy or Department of War authorizations of demonstration reactors into the NRC's licensing reviews of commercial reactor facility applications that reference those designs. This rulemaking improves NRC licensing review efficiency, where applicable, by explicitly establishing by regulation an additional means for reactor applicants to demonstrate the safety functions of their reactor designs, thereby contributing to the safe and secure use and deployment of civilian nuclear energy technologies.

Full Text

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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Rules and Regulations]
[Pages 67195-67200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21801]



========================================================================
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. 205 / Monday, October 26, 2026 / 
Rules and Regulations

[[Page 67195]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 53

[NRC-2025-1503]
RIN 3150-AL60


NRC Reviews of Reactor Designs Previously Authorized by U.S. 
Department of Energy or Department of War

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to facilitate direct leveraging of prior U.S. Department of 
Energy or Department of War authorizations of demonstration reactors 
into the NRC's licensing reviews of commercial reactor facility 
applications that reference those designs. This rulemaking improves NRC 
licensing review efficiency, where applicable, by explicitly 
establishing by regulation an additional means for reactor applicants 
to demonstrate the safety functions of their reactor designs, thereby 
contributing to the safe and secure use and deployment of civilian 
nuclear energy technologies.

DATES: This final rule is effective on November 25, 2026.

ADDRESSES: Please refer to Docket ID NRC-2025-1503 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly available information related to this action by any of 
the following methods:
    <bullet> Federal Rulemaking website: Electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Search for Docket ID NRC-2025-1503. Address 
questions about NRC dockets to Helen Chang; telephone: 301-415-3228; 
email: <a href="/cdn-cgi/l/email-protection#652d0009000b4b260d040b02250b17064b020a13"><span class="__cf_email__" data-cfemail="b2fad7ded7dc9cf1dad3dcd5f2dcc0d19cd5ddc4">[email&#160;protected]</span></a>. For technical questions, contact the 
individuals 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 Documents 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#1f4f5b4d314d7a6c706a6d7c7a5f716d7c31787069"><span class="__cf_email__" data-cfemail="257561770b7740564a50574640654b57460b424a53">[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#beeefaec90ecdbcdd1cbccdddbfed0ccdd90d9d1c8"><span class="__cf_email__" data-cfemail="ce9e8a9ce09cabbda1bbbcadab8ea0bcade0a9a1b8">[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, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Aaron Kwok, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-1371, email: 
<a href="/cdn-cgi/l/email-protection#c988a8bba6a7e782bea6a289a7bbaae7aea6bf"><span class="__cf_email__" data-cfemail="df9ebeadb0b1f194a8b0b49fb1adbcf1b8b0a9">[email&#160;protected]</span></a> and Jackie Harvey, Office of Advanced Reactors, 
telephone: 301-415-7534, email: <a href="/cdn-cgi/l/email-protection#fbb19a988a8e9e978295d5b39a898d9e82bb958998d59c948d"><span class="__cf_email__" data-cfemail="0d476c6e7c786861746323456c7f7b68744d637f6e236a627b">[email&#160;protected]</span></a>. Both are 
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Order 14300: Ordering the Reform of the Nuclear 
Regulatory Commission
II. Discussion
III. Opportunities for Public Participation
IV. Public Comment Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Cumulative Effects of Regulation
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Executive Orders
    A. Executive Order 12866: Regulatory Planning and Review (as 
Amended by Executive Order 14215, Ensuring Accountability for All 
Agencies)
    B. Executive Order 14154: Unleashing American Energy
    C. Executive Order 14192: Unleashing Prosperity Through 
Deregulation
    D. Executive Order 14270: Zero-Based Regulatory Budgeting To 
Unleash American Energy
XIII. Congressional Review Act
XIV. Voluntary Consensus Standards
XV. Availability of Guidance
XVI. Availability of Documents

I. Executive Order 14300: Ordering the Reform of the Nuclear Regulatory 
Commission

    On May 23, 2025, President Donald J. Trump signed Executive Order 
(E.O.) 14300, ``Ordering the Reform of the Nuclear Regulatory 
Commission.'' Section 5, ``Reforming and Modernizing the NRC's 
Regulations,'' directed the NRC to undertake a review and wholesale 
revision of its regulations and guidance documents as guided by the 
policies set forth in section 2 of the E.O. This rulemaking addresses 
section 5(d), which contemplates an expedited pathway to approve 
reactor designs that the U.S. Department of Energy (DOE) or the 
Department of War (DOW) have tested and that have demonstrated the 
ability to function safely.\1\ E.O. 14300 further states that NRC 
review of such designs should focus solely on risks that may arise from 
new applications permitted by NRC licensure, rather than revisiting 
risks that have already been addressed in the DOE or DOW processes.
---------------------------------------------------------------------------

    \1\ Consistent with E.O. 14347, ``Restoring the United States 
Department of War,'' this Federal Register notice refers to the 
``Department of War'' and ``Department of Defense'' interchangeably. 
Per section 2(d) of E.O. 14347, the regulatory text for this limited 
scope rulemaking continues to use the title, ``Department of 
Defense,'' to avoid creating inconsistencies with or causing 
confusion in the NRC's existing regulations in title 10 of the Code 
of Federal Regulations.
---------------------------------------------------------------------------

II. Discussion

    Consistent with its authority and historical practice under section 
161 of the Atomic Energy Act of 1954 (AEA) to make, promulgate, issue, 
rescind, and amend rules and regulations as well as that under section 
182 of the AEA to determine the information that enables the Commission 
to make the findings required to grant an application for a utilization 
facility, the NRC is amending title 10 of the Code of Federal 
Regulations (10 CFR) section 50.43, ``Additional standards and 
provisions affecting class 103 licenses and certifications for 
commercial power,'' and section 53.440, ``Design requirements.'' These 
changes explicitly establish a pathway for streamlined reviews for 
licensing commercial reactor designs that have previously received

[[Page 67196]]

DOE or DOW authorization and that have been tested and have 
demonstrated the ability to function safely. The amendment to Sec.  
50.43 explicitly establishes such a pathway for the licensing 
frameworks under 10 CFR part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' and part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' and the amendment to Sec.  53.440 
does so for the 10 CFR part 53, ``Risk-Informed, Technology-Inclusive 
Regulatory Framework for Commercial Nuclear Plants,'' licensing 
framework. A similar provision is included in a separate proposed rule, 
``Licensing Requirements for Microreactors and Other Reactors With 
Comparable Risk Profiles,'' which, if finalized, would apply to the 
associated proposed 10 CFR part 57, ``Licensing Requirements for 
Microreactors and Other Reactors with Comparable Risk Profiles,'' 
licensing framework (91 FR 23628; May 1, 2026). The primary intent of 
this rulemaking is to improve NRC licensing review efficiency, and in 
turn increase capacity, for conducting licensing reviews. At the same 
time, this rulemaking maintains flexibility for the NRC to leverage a 
broad range of technologies, testing methods, and information from 
previously authorized and evaluated designs, as appropriate and 
supported by an applicant in its commercial license application. In 
turn, this contributes to the safe and secure use and deployment of 
civilian nuclear energy technologies.
    Section 50.43(e) provides two options for license applicants to 
demonstrate how newer reactor designs, including those that use 
simplified, inherent, passive, or other innovative means, accomplish 
their safety functions. The final rule adds the option, to be codified 
in Sec.  50.43(f), for an applicant to reference information from a 
prior DOE or DOW authorization as a means for an NRC license applicant 
to show that the design can accomplish its safety functions, as 
required by Sec.  50.43(e).
    The amendment to Sec.  50.43 explicitly reflects the option for NRC 
Class 103 license applicants to directly reference a prior DOE or DOW 
authorization when demonstrating compliance with NRC regulatory 
requirements. Applicants using this option are required to identify how 
aspects of the prior authorization satisfy NRC regulations, including 
Sec.  50.43(e). Applicants are also required to address how any changes 
to the design, its functionality, associated hazards, siting 
information, or underlying safety assumptions from those considered in 
prior authorization reviews meet applicable NRC requirements.
    Under the part 53 licensing framework, Sec.  53.440 provides a 
series of design requirements. The requirements in Sec.  53.440(a)(1) 
reflect an essential element of ensuring a proposed design can comply 
with the performance criteria in part 53, namely that the abilities of 
design features to fulfill their safety functions are demonstrated by a 
combination of analyses, test programs, prototype testing, and 
operating experience. This requirement closely aligns with the language 
in Sec.  50.43(e) and reflects the same foundational requirement.
    The amendment to Sec.  53.440(a)(1) explicitly accommodates the 
option for NRC Class 103 license applicants to directly reference a 
prior DOE or DOW authorization for the purpose of demonstrating that 
the design features required by Sec.  53.400, ``Design features for 
licensing-basis events'' meet the defined functional design criteria 
required by Sec. Sec.  53.410, ``Functional design criteria for design-
basis accidents,'' and 53.420, ``Functional design criteria for 
licensing-basis events other than design-basis accidents.'' Such a 
demonstration is required to consider interdependent effects throughout 
the commercial nuclear plant and the range of conditions under which 
the design features required by Sec.  53.400 must function throughout 
the plant's lifetime. Applicants using this option are required to 
identify how aspects of the prior authorization satisfy applicable NRC 
regulations.
    The new Sec. Sec.  50.43(f) and 53.440(a)(1) pathways will be 
supported by the draft Interim Staff Guidance (ISG), DANU-ISG-2026-XX, 
``NRC Application Pathway for Reactor Designs Previously Authorized by 
U.S. Department of Energy or Department of War.'' The guidance is not 
part of this rulemaking but was published for public comment on April 
17, 2026 (91 FR 20717). The scope of such guidance is intended to 
facilitate staff review of future commercial nuclear plant license 
applications, including advanced reactor designs that may not employ 
light-water technology.
    The NRC also recognizes significant public interest in this rule 
and has provided a separate public comment response document as 
discussed in Section IV of this document, ``Public Comment Analysis.'' 
While that document provides comprehensive responses to comments, 
several points are highlighted below.
    Some comments expressed concern that this rulemaking would impact 
the NRC's performance of independent evaluations of license 
applications mandated under the AEA. Specifically, section 103 of the 
AEA and title II of the Energy Reorganization Act of 1974 (88 Stat. 
1242) authorize the NRC to, among other things, issue licenses for 
commercial nuclear power plants if in the opinion of the Commission, 
issuance of the license would not be inimical to the common defense and 
security or to the health and safety of the public. First and foremost, 
this rulemaking does not affect the NRC's commitment to conducting 
independent reviews, nor does this rulemaking alter any underlying 
regulatory requirements an applicant must meet. Nothing in this rule 
delegates to DOE, DOW, or any other agency the NRC's functions to 
evaluate a request for NRC approval, and nothing in this rule allows 
the NRC to forego an independent review. Regardless of whether an 
applicant references a prior DOE or DOW authorization, it remains the 
applicant's responsibility to demonstrate compliance with all 
applicable requirements, under the AEA and NRC regulations, and the NRC 
will continue to conduct the independent assessments necessary to 
confirm whether such requirements have indeed been satisfied. Where an 
NRC applicant references information from a prior design authorized and 
tested by DOE or DOW, the applicant is responsible for justifying the 
applicability and relevance of the information it seeks to rely upon, 
and where it does so, the NRC may be able to tailor the focus and depth 
of its review.
    Under this approach, the NRC notes that the extent to which prior 
DOE or DOW information can be leveraged depends on the information an 
applicant provides and the associated justification as to how it meets 
NRC requirements. For example, the scope of a DOE or DOW authorization 
or associated testing may not fully represent a commercial reactor 
configuration or the breadth of analyses necessary for an NRC licensing 
basis. The final rule is intentionally structured to reflect that not 
all prior DOE or DOW authorizations may meet the full scope of 
requirements specified in Sec.  50.43 and, in recognition of this, to 
nevertheless make clear that the NRC retains the flexibility to 
leverage information from such authorizations to the maximum extent 
practical.
    In addition, some comments highlighted that it would be beneficial 
for the NRC to provide additional clarity as to the type of information 
an NRC application might include in a discussion of how a prior DOE or 
DOW authorization supports the application.

[[Page 67197]]

In light of these comments, the NRC is clarifying that, when 
demonstrating compliance with applicable regulations, an NRC applicant 
may, for example, consider including a discussion of the following: (A) 
the scope of the prior authorization, including the testing, analyses, 
and operational experience on which it relied, as applicable; (B) the 
safety functions and design features addressed by such authorization; 
and (C) any differences from the prior authorization in design, 
operational, or siting factors relevant to the application that are 
material to the Commission's licensing review.
    Finally, several commenters expressed concerns that the proposed 
Sec.  50.43(e)(3) would establish a lower safety standard than that 
required by Sec.  50.43(e)(1)-(2) and Sec.  53.440(a)(1). As explained 
in the public comment response document, the NRC has revised the 
language originally proposed to be codified in Sec.  50.43(e)(3) and 
has added it as a new subsection Sec.  50.43(f) to clarify and to 
reaffirm that this rulemaking does not alter the safety standard 
established inSec.  50.43(e) and to enhance consistency with the 
approach taken in the rule revision to Sec.  53.440(a)(1). As such, the 
final rule language makes clear that Sec.  50.43(f) is one option that 
a commercial license applicant may use to satisfy the requirements, or 
a subset of the requirements, contained in section(e). As previously 
noted, applicants must still meet all applicable NRC and statutory 
requirements. Although Sec.  50.43(f) provides a pathway for reactor 
technologies to demonstrate the ability to accomplish safety functions 
under Sec.  50.43(e), if an authorization does not supply all necessary 
information, the final rule language in Sec.  50.43(f) reflects that 
applicants must address any remaining gaps to ensure full compliance 
with NRC requirements.

III. Opportunities for Public Participation

    The proposed rule was published in the Federal Register on April 2, 
2026 (91 FR 16584) for a 30-day comment period ending May 4, 2026. The 
NRC held a public meeting on April 14, 2026, and developed a public 
meeting summary (ML26131A245).

IV. Public Comment Analysis

    The NRC prepared a summary and analysis of public comments (``NRC 
Response to Public Comments: NRC Reviews of Reactor Designs Previously 
Authorized by U.S. Department of Energy or Department of War'') 
received on the proposed rule, as referenced in the ``Availability of 
Documents'' section. In response to the proposed rule, the NRC received 
136 unique comment submissions.
    The public comment submissions are available from the Federal 
rulemaking website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket ID NRC-
2025-1503. Responses to the public comments, including a summary of how 
this final rule changed as a result of the public comments, can be 
found in the public comment response document as indicated in the 
``Availability of Documents'' section of this document.

V. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC 
certifies that this rule does not have a significant economic impact on 
a substantial number of small entities. This final rule affects only 
the licensing and operation of nuclear power plants. The companies that 
own these plants do not fall within the scope of the definition of 
``small entities'' set forth in the Regulatory Flexibility Act or the 
size standards established by the NRC (10 CFR 2.810).

VI. Regulatory Analysis

    The NRC has not prepared a separate regulatory analysis. However, 
the NRC performed a qualitative economic analysis of the rule's 
impacts. As a result of this final rule, the NRC expects that the NRC 
will not need to repeat technical reviews previously performed by DOE 
or DOW, to the extent that those reviews cover the same scope as the 
related content in the NRC license application. The final rule language 
at Sec.  50.43(f) offers an option to meet the requirements in Sec.  
50.43(e), and the final rule language in Sec.  53.440(a) provides an 
option for how to demonstrate that the design features required by 
Sec.  53.400 meet the design criteria required by Sec. Sec.  53.410 and 
53.420. Therefore, the NRC does not anticipate that an application 
under the new Sec.  50.43(f) or the revised Sec.  53.440(a)(1) would 
require more review work than under the existing requirements. 
Furthermore, the NRC assumes that applications under these sections 
will be high-quality applications.
    In general, the NRC expects cost savings to both applicants in 
preparing an application and the NRC in reviewing that application. The 
NRC was not able to quantify these potential savings in a useful way at 
this time. These savings depend on the applicability of the DOE/DOW 
reviews to NRC requirements and the ability of applicants to 
demonstrate that applicability, the number of applications that may 
reference a previous DOE/DOW authorization, as well as how any 
potential differences (e.g., changes to the design or site-specific 
factors) from the previously authorized design also meet NRC 
requirements. The NRC anticipates that use of the approaches provided 
by Sec.  50.43(f) or 53.440(a)(1) will become more efficient as 
experience is gained, i.e., there may be an initial learning curve 
which may result in greater cost savings over time, to both the NRC and 
applicants, as a result of the additional flexibility this final rule 
provides to applicants. Therefore, the NRC expects that this final rule 
will be cost beneficial to both the NRC and future applicants.

VII. Backfitting and Issue Finality

    The changes to Sec. Sec.  50.43(f) and 53.440(a)(1) do not impose 
new or revised requirements on existing licensees or approval holders 
because they include an option that would apply only to future 
applicants. Therefore, the changes do not constitute backfitting as 
defined in Sec.  50.109(a)(1) or 53.1590(a)(1) or affect the issue 
finality of an existing approval issued under 10 CFR part 52, 
``Licenses, Certifications, and Approvals for Nuclear Power Plants.''

VIII. Cumulative Effects of Regulation

    The NRC seeks to minimize any potential negative consequences 
resulting from the cumulative effects of regulation (CER). The CER 
describes the challenges that licensees, or other impacted entities 
such as State partners, may face while implementing new regulatory 
positions, programs, or requirements (e.g., rules, generic letters, 
backfits, inspections). The CER is an organizational effectiveness 
challenge that may result from a licensee or impacted entity 
implementing a number of complex regulatory actions, programs, or 
requirements within limited available resources.
    The goals of the NRC's CER effort were met throughout the 
development of this final rule. The NRC engaged with external 
stakeholders at a public meeting and solicited public comments on the 
proposed rule. The NRC included in the proposed rule a request for 
feedback related to CER. Specifically, the NRC requested feedback on 
the implementation and potential unintended consequences of the 
proposed rule, and invited comments on the regulatory analysis. The NRC 
received several comment submissions in response to these CER 
questions, which are addressed in the public comment response document 
as indicated in the ``Availability of Documents'' section of this 
document.

[[Page 67198]]

IX. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

X. National Environmental Policy Act

    The NRC has determined that this final rule is the type of action 
eligible for categorical exclusion because it meets the criterion 
described in Sec.  51.22(a)(1). This provision includes amendments to 
parts 50 and 53 related to procedures for filing and reviewing 
applications for licenses or construction permits or early site permits 
or other forms of permission or for amendments to or renewals of 
licenses or construction permits or early site permits or other forms 
of permission. The action belongs to a category of actions that the 
Commission, by rule or regulation, has declared to be a categorical 
exclusion, after first finding that the actions within the category do 
not individually or cumulatively have a significant effect on the human 
environment. Therefore, neither an environmental impact statement nor 
environmental assessment has been prepared for this final rule. For any 
particular licensing action that would use the pathways from this rule, 
the NRC will comply with its obligations under the National 
Environmental Policy Act, including by developing or using an 
environmental impact statement, environmental assessment, or 
categorical exclusion, as applicable.

XI. Paperwork Reduction Act

    This final rule does not contain any new or amended collections of 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). Existing collections of information were approved by the 
Office of Management and Budget (OMB), approval numbers 3150-0011 and 
3150-0274.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XII. Executive Orders

    The following are Executive orders that are related to this final 
rule:

A. Executive Order 12866: Regulatory Planning and Review (as Amended by 
Executive Order 14215, Ensuring Accountability for All Agencies)

    E.O. 12866 provides that the Office of Information and Regulatory 
Affairs (OIRA) within the OMB will review all significant rules. OIRA 
has determined that this final rule is a significant regulatory action 
under section 3(f) of E.O. 12866; though not economically significant 
under section 3(f)(1). Accordingly, the NRC submitted this final rule 
to OIRA for review. The NRC has prepared an economic analysis in 
accordance with section 6(a)(3)(B) of E.O. 12866. More can be found in 
Section VI, of this document, ``Regulatory Analysis.''

B. Executive Order 14154: Unleashing American Energy

    NRC has examined this final rule and has determined that it is 
consistent with the policies and directives outlined in E.O. 14154.

C. Executive Order 14192: Unleashing Prosperity Through Deregulation

    This action is a deregulatory action as defined by E.O. 14192. 
Details on the estimated costs of this final rule can be found in 
Section VI of this document, ``Regulatory Analysis.''

D. Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash 
American Energy

    E.O. 14270, ``Zero-Based Regulatory Budgeting to Unleash American 
Energy,'' requires the NRC to insert a conditional sunset date into all 
new or amended NRC regulations provided the regulations are (1) 
promulgated under the AEA, the Energy Reorganization Act of 1974, as 
amended (ERA), or the Nuclear Waste Policy Act of 1982, as amended 
(NWPA); (2) not statutorily required; and (3) not part of the NRC's 
permitting regime. The NRC determined that the regulatory changes 
proposed in this rule are part of the NRC's regulatory permitting 
scheme authorized by the AEA, ERA, or NWPA. Therefore, the NRC views 
this rulemaking to be outside the scope of E.O. 14270 and did not 
insert conditional sunset dates for the regulatory changes in this 
final rule.

XIII. Congressional Review Act

    This final rule is a rule as defined in the Congressional Review 
Act (5 U.S.C. 801-808). However, OMB has found that it does not meet 
the criteria at 5 U.S.C. 804(2).

XIV. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this final rule, the NRC 
revised its regulations to facilitate direct leveraging of prior DOE or 
DOW authorizations of demonstration reactors into the NRC's licensing 
reviews of commercial reactor facility applications that utilize those 
designs. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

XV. Availability of Guidance

    The NRC will be issuing new guidance for the implementation of the 
amendments in this rulemaking. The NRC will publish Federal Register 
notices announcing the availability of the new guidance documents. The 
documents will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
on Docket ID NRC-2026-0760.

XVI. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                             ADAMS accession No./Federal
                  Document                        Register citation
------------------------------------------------------------------------
                          Final Rule Documents
------------------------------------------------------------------------
NRC Response to Public Comments: ``NRC       ML26282A996.
 Reviews of Reactor Designs Previously
 Authorized by U.S. Department of Energy or
 Department of War,'' October 2026.
Public Meeting Summary for April 14, 2026,   ML26131A245.
 Meeting on NRC Reviews of Previously
 Authorized Reactor Designs, May 12, 2026.
------------------------------------------------------------------------

[[Page 67199]]

 
                         Proposed Rule Documents
------------------------------------------------------------------------
Proposed Rule--``NRC Reviews of Reactor      91 FR 16584.
 Designs Previously Authorized by U.S.
 Department of Energy or Department of
 War,'' April 2, 2026.
Unofficial Redline Rule Language for the     ML25301A002.
 Proposed Rule--``NRC Reviews of Reactor
 Designs Previously Authorized by U.S.
 Department of Energy or Department of
 War,'' March 2026.
------------------------------------------------------------------------
                            Other References
------------------------------------------------------------------------
Draft Interim Staff Guidance, DANU-ISG-2026- 91 FR 20717.
 XX, ``NRC Application Pathway for Reactor
 Designs Previously Authorized by U.S.
 Department of Energy or Department of
 War,'' April 17, 2026.
Executive Order 12866, ``Regulatory          58 FR 51735.
 Planning and Review,'' October 4, 1993.
Executive Order 14154, ``Unleashing          90 FR 8353.
 American Energy,'' January 29, 2025.
Executive Order 14192, ``Unleashing          90 FR 9065.
 Prosperity Through Deregulation,''
 February 6, 2025.
Executive Order 14215, ``Ensuring            90 FR 10447.
 Accountability for All Agencies,''
 February 24, 2025.
Executive Order 14270, ``Zero-Based          90 FR 15643.
 Regulatory Budgeting to Unleash American
 Energy,'' April 15, 2025.
Executive Order 14300, ``Ordering the        90 FR 22587.
 Reform of the Nuclear Regulatory
 Commission,'' May 29, 2025.
NRC Size Standard for Making Determinations  50 FR 50241.
 Required by the Regulatory Flexibility Act
 of 1980, December 9, 1985.
Presidential Memorandum, ``Plain Language    63 FR 31885.
 in Government Writing,'' June 10, 1998.
Proposed Rule--``Licensing Requirements for  91 FR 23628.
 Microreactors and Other Reactors with
 Comparable Risk Profiles'' (3150-AL36; NRC-
 2025-0379), May 1, 2026.
Final Rule--Receipts-Based NRC Size          87 FR 8943.
 Standards, February 17, 2022.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket ID NRC-2025-1503. In addition, the 
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List of Subjects

10 CFR Part 50

    Administrative practice and procedure, Antitrust, Backfitting, 
Classified information, Criminal penalties, Education, Emergency 
planning, Fire prevention, Fire protection, Intergovernmental 
relations, Nuclear power plants and reactors, Penalties, Radiation 
protection, Reactor siting criteria, Reporting and recordkeeping 
requirements, Whistleblowing.

10 CFR Part 53

    Administrative practice and procedure, Antitrust, Backfitting, 
Construction permit, Combined license, Classified information, Criminal 
penalties, Early site permit, Emergency planning, Fees, Fire 
prevention, Fire protection, Inspection, Intergovernmental relations, 
Limited work authorization, Manufacturing license, Nuclear power plants 
and reactors, Operating license, Penalties, Prototype, Radiation 
protection, Reactor siting criteria, Reporting and recordkeeping 
requirements, Standard design, Standard design certification, Training 
programs.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR parts 50 and 53:

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
1. The authority citation for part 50 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste 
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National 
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 
note; ADVANCE Act of 2024, sec. 301 (42 U.S.C. 2133 note).

0
2. In Sec.  50.43, add paragraph (f) to read as follows:


Sec.  50.43  Additional standards and provisions affecting class 103 
licenses and certifications for commercial power.

* * * * *
    (f) An application under paragraph (e) of this section may include 
consideration of relevant information gathered from a utilization 
facility that has been previously authorized by the Department of 
Energy or the Department of Defense and that has been tested and has 
demonstrated the ability to function safely. Any reference to such a 
design must identify how attributes of the authorization satisfy NRC 
regulations, including paragraph (e) of this section.

PART 53--RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK 
FOR COMMERCIAL NUCLEAR PLANTS

0
3. The authority citation for part 53 continues to read:

    Authority: Atomic Energy Act of 1954, secs. 11, 101, 103, 108, 
122, 147, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (42 
U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 2138, 2152, 2167, 2169, 
2201, 2231, 2232, 2233, 2234, 2235, 2236, 2237, 2239, 2273, 2282); 
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 
U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982, 
sec. 306 (42 U.S.C. 10226); National Environmental Policy Act of 
1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note; Pub. L. 115-439, 132 
Stat. 5571.

0
4. In Sec.  53.440, revise paragraph (a)(1) to read as follows:


Sec.  53.440   Design requirements.

    (a)(1) Analysis, appropriate test programs, prototype testing, 
operating experience, or a combination thereof must demonstrate that 
each design feature required by Sec.  53.400 meets the defined 
functional design criteria

[[Page 67200]]

required by Sec. Sec.  53.410 and 53.420. This demonstration must 
consider interdependent effects throughout the commercial nuclear plant 
and the range of conditions under which the design features required by 
Sec.  53.400 must function throughout the plant's lifetime. The bases 
for this demonstration may include consideration of relevant 
information gathered from a utilization facility that has been 
previously authorized by the Department of Energy or the Department of 
Defense and which has been tested and has demonstrated the ability to 
function safely. Any reference to such a design must identify how 
attributes of the authorization satisfy NRC regulations.
* * * * *

    Dated: October 22, 2026.

    For the Nuclear Regulatory Commission.
Jody Martin,
Secretary of the Commission.
[FR Doc. 2026-21801 Filed 10-22-26; 4:15 pm]
BILLING CODE 7590-01-P


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