Unknown. Final rule

5,264 words·~24 min read·/register/2026/04/24/2026-08024·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2026-04-24.xml --- 91 79 Friday, April 24, 2026 Contents Antitrust Division Antitrust Division NOTICES Response of Plaintiff United States to Public Comments on the Proposed Final Judgment: United States et al. v. Constellation Energy Corp., Inc. et al., 22167-22172 2026-08095 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Permit to Drill (APD, Revised APD), Supplemental APD Information Sheet, and All Supporting Documentation, 22165-22166 2026-08030 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22154-22155 2026-08025 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Form PF;

Reporting Requirements for All Filers, 22232-22391 2026-07993 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessment of Fees, 22224-22225 2026-07991 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safety Standard for Adult Portable Bed Rails, 22143-22144 2026-08027 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances:

Placement of MDMB-4en-PINACA in Schedule I, 21958-21963 2026-08104 Education Department Education Department NOTICES Competition Announcement: Child Care Access Means Parents in Schools Program, 22144-22145 2026-08100 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Significant New Use Rules on Certain Chemical Substances (26-2), 22075-22083 2026-08012 NOTICES Environmental Impact Statements;

Availability, etc., 22154 2026-08029 Response to Petition to Change Regulation of Phosphogypsum under Resource Conservation and Recovery Act, 22149-22154 2026-08097 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: B/E Aerospace Fischer GmbH Medical Seats, 21942-21945 2026-08003 Bombardier, Inc., Airplanes, 21950-21952 2026-08032 Dassault Aviation Airplanes, 21940-21942 2026-08031 Pilatus Aircraft Ltd. Airplanes, 21952-21955 2026-08022 Pratt and Whitney Engines, 21945-21950 2026-08106 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Drug and Alcohol Testing Program for Personnel Engaged in Specified Aviation Activities, 22215-22216 2026-07983 Petition for Exemption; Summary: Airlines for America, 22214-22215 2026-08091 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 22146-22148 2026-08004 2026-08005 Environmental Assessments; Availability, etc.: EONY Generation Ltd., 22149 2026-08090 Licenses; Exemptions, Applications, Amendments, etc.:

City of Idaho Falls, ID, 22148-22149 2026-08089 Records Governing Off-the-Record Communications, 22145-22146 2026-08006 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: PA Turnpike (I-276)/I-95 Interchange Project Stage 3 Delaware River Bridge: Bucks County, PA and Burlington County, NJ, 22216-22222 2026-08014 Federal Railroad Federal Railroad Administration RULES Procedures for Service of Documents in Railroad Safety Enforcement Proceedings, 22060-22069 2026-08021 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 22154 2026-08099 Federal Trade Federal Trade Commission PROPOSED RULES Petition for Rulemaking:

Animal Rescuers for Change, 22075 2026-07997 Food and Drug Food and Drug Administration NOTICES Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments, 22155-22156 2026-08084 Withdrawal of Approval of Drug Application: Egis Pharmaceuticals Ltd., et al., 22156-22157 2026-08020 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 22225-22227 2026-07994 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Topographic and Hydrography Data Grants, 22164-22165 2026-08026 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22158-22159 2026-08092 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Data Collection Tool for State Offices of Rural Health Program, 22157-22158 2026-08094 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Secretary's Award, 22163-22164 2026-08001 Privacy Act; Systems of Records, 22160-22163 2026-07999 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Geological Survey Internal Revenue Internal Revenue Service NOTICES Requests for Nominations:

Internal Revenue Service Advisory Council, 22227-22228 2026-08007 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Chassis and Subassemblies Thereof from Mexico, 22136-22139 2026-08040 Certain Chassis and Subassemblies Thereof from the Kingdom of Thailand, 22133-22136 2026-08042 Certain Cold-Rolled Steel Flat Products from the Republic of Korea; Correction, 22136 2026-08036 Certain Hardwood Plywood Products from the People's Republic of China, 22126-22130 2026-08038 Common Alloy Aluminum Sheet from India;

Correction, 22130 2026-08034 Common Alloy Aluminum Sheet from the Republic of Turkiye; Correction, 22125-22126 2026-08035 Float Glass Products from the People's Republic of China, 22123 C2-2026-06647 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Chassis and Subassemblies Thereof from Mexico, 22140-22143 2026-08039 Certain Chassis and Subassemblies Thereof from Thailand, 22130-22133 2026-08041 Certain Chassis and Subassemblies Thereof from the Socialist Republic of Vietnam, 22123-22125 2026-08043 Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States, 22139-22140 2026-08037 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Tris (Hydroxymethyl) Aminomethane and Tris (Hydroxymethyl) Aminomethane Hydrochloride (“Tris and Tris HCI”) from China, 22166-22167 2026-07998 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Labor Department Labor Department See Occupational Safety and Health Administration National Credit National Credit Union Administration NOTICES Request for Information: Enhancing and Streamlining Data Collection from Credit Unions, 22172-22173 2026-08023 National Highway National Highway Traffic Safety Administration NOTICES Hearings, Meetings, Proceedings, etc.:

National Emergency Medical Services Advisory Council, 22222-22223 2026-07985 National Institute National Institute of Standards and Technology RULES Eliminating Regulations Establishing Fellowships in Laboratory Standardization and Testing for Foreign Citizens, 21957-21958 2026-08018 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: National Institute on Drug Abuse, 22159 2026-08019 National Oceanic National Oceanic and Atmospheric Administration NOTICES Permits;

Applications, Issuances, etc.: Marine Mammals and Endangered Species, 22143 2026-07986 Nuclear Regulatory Nuclear Regulatory Commission RULES Cost Expenditure Criteria for Research and Development Utilization Facilities, 21937-21940 2026-08024 Generic Environmental Impact Statement for Licensing of New Nuclear Reactors, 22394-22425 2026-08015 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Source Tracking System Report, 22174-22175 2026-08000 Safeguards on Nuclear Material, Implementation of US/IAEA Agreement, 22177-22178 2026-08002 Licenses;

Exemptions, Applications, Amendments, etc.: Accelerated Decommissioning Partners Crystal River Unit 3, LLC; Crystal River Unit 3 Nuclear Generating Plant; Termination Plan, 22175-22177 2026-08008 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Puerto Rico State Plan; Operational Status Agreement; Change in Level of Federal Enforcement: Private Sector Employment on Federal Properties and Marine Construction Conducted by Private Sector Employees, 21963-21965 2026-08108 Personnel Personnel Management Office PROPOSED RULES Critical Position Pay Authority, 22070-22075 2026-07996 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety:

Clarification of Accident Reporting Requirements for Hazardous Liquid and Carbon Dioxide Pipeline Facilities, 22055-22058 2026-08062 Clarification of Incident Reporting Requirements for Gas Pipeline Facilities, 21979-21981 2026-08057 Clarifying Hazardous Liquid Pipeline Integrity Management Guidance, 22047-22050 2026-08074 Consent Orders, 21970-21973 2026-08055 Declaratory Order Procedures, 21968-21970 2026-08054 Editorial Corrections and Clarifications to Criteria for Conducting Integrity Assessments Using Guided Wave Ultrasonic Testing, 22015-22018 2026-08061 Editorial Corrections to Telephone and Facsimile Numbers, 21975-21979 2026-08066 Electronic Retention of Part 194 Response Plans, 22036-22039 2026-08070 Electronic Submission of Requests for Written Interpretations and Special Permits, 21965-21968 2026-08056 Interpretation Request Procedures, 21973-21975 2026-08060 Outer Continental Shelf Pipelines;

Correcting Amendment, 22058-22060 2026-08065 Removing Obsolete Provision from Safety-Related Condition Reporting Requirements for Hazardous Liquid and Carbon Dioxide Pipeline Facilities, 22053-22055 2026-08064 Removing Obsolete Provision in Safety-Related Condition Reporting Requirements, 21981-21984 2026-08059 Requirements for Low-Stress Hazardous Liquid Pipelines in Rural Areas; Editorial Correction, 22050-22053 2026-08063 Safety of Gas Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and Other Related Amendments;

Correction, 21984-21986 2026-08058 Standards Update—ASME B31.4, 22039-22043 2026-08053 Standards Update—ASTM A333/A333M, 22029-22032 2026-08044 Standards Update—ASTM A372/A372M, 22008-22012 2026-08069 Standards Update—ASTM A53/A53M, 22032-22036 2026-08073 Standards Update—ASTM D2513, 22021-22025 2026-08046 Standards Update—ASTM D2564, 21990-21993 2026-08071 Standards Update—ASTM F1055, 21997-22001 2026-08049 Standards Update—ASTM F1973, 22018-22021 2026-08048 Standards Update—ASTM F2620, 22004-22008 2026-08045 Standards Update—ASTM F2767, 22001-22004 2026-08047 Standards Update—MSS SP-75, 22043-22047 2026-08050 Standards Update—NACE SP0206, 21993-21997 2026-08052 Standards Update—NACE SP0502, 22025-22029 2026-08051 Standards Update—NFPA 58, 21986-21990 2026-08072 Standards Update—NFPA 59, 22012-22015 2026-08075 PROPOSED RULES Administrative Rulemaking:

Regulatory Procedures, 22083-22087 2026-08078 Pipeline Safety: Adjust Annual Report Deadlines, 22087-22091 2026-08081 Adjustment to OPID Notifications for Construction, 22091-22096 2026-08082 Eliminating Limitations on Welders and Welding Operators, 22104-22107 2026-08083 Hazardous Liquid Valve Maintenance Schedule, 22119-22122 2026-08077 Integration of Innovative Remote Sensing Technologies for Right-of-Way Patrols on Gas and Hazardous Liquid Pipelines, 22107-22111 2026-08080 Property Damage Definition for Reporting Incidents on Gas Pipelines and Accidents on Hazardous Liquid and Carbon Dioxide Pipelines, 22096-22100 2026-08079 Remote Monitoring of Hazardous Liquid Pipeline Rectifiers, 22115-22119 2026-08068 Removing Unnecessary Provision for Material Properties Verification during Maximum Allowable Operating Pressure Reconfirmation, 22101-22104 2026-08067 Timeframe to Make Rupture-Mitigation Valves Operational, 22111-22115 2026-08076 NOTICES Permits;

Applications, Issuances, etc.: Pipeline Safety; Texas Gas Transmission, LLC, 22223-22224 2026-07992 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 22178-22179 2026-08085 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 22179 2026-08086 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961 and the Arms Export Control Act; Eligibility of Board of Peace To Receive Defense Articles and Defense Services (Presidential Determination No. 2026-06 of April 8, 2026), 22427-22429 2026-08126 PBRB Public Buildings Reform Board NOTICES Hearings, Meetings, Proceedings, etc., 22178 2026-08096 Securities Securities and Exchange Commission PROPOSED RULES Form PF;

Reporting Requirements for All Filers, 22232-22391 2026-07993 NOTICES Application: AGL Private Credit Income Fund, et al., 22194-22195 2026-08087 CION Grosvenor Infrastructure Master Fund, LLC, et al., 22195 2026-07995 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 22179-22184 2026-07990 Cboe C2 Exchange, Inc., 22189-22194 2026-07989 Cboe EDGX Exchange, Inc., 22184-22189 2026-07988 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22195-22206 2026-08033 Surface Transportation Surface Transportation Board NOTICES Exemption: Construction and Operation; Green Eagle Railroad, LLC, Maverick County, TX, 22206-22213 2026-08098 Continuance in Control; L. Neill Cartage Co., Inc., Proviso Railroad, Inc. and Mason Railroad, Inc., 22213-22214 2026-07982 Lease and Operation; Belpre Industrial Parkersburg Railroad, LLC, CSX Transportation, Inc., 22214 2026-07984 Quarterly Rail Cost Adjustment Factor, 22214 2026-08028 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration RULES One-Page Document on Passenger Rights, 21955-21957 2026-08103 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service U.S.

Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 22228-22230 2026-08088 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Matching Program, 22230 C1-2026-07012 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 22232-22391 2026-07993 Securities and Exchange Commission, 22232-22391 2026-07993 Part III Nuclear Regulatory Commission, 22394-22425 2026-08015 Part IV Presidential Documents, 22427-22429 2026-08126 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 91 79 Friday, April 24, 2026 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 [NRC-2020-0071] RIN 3150-AL35 Cost Expenditure Criteria for Research and Development Utilization Facilities AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is amending its regulations to address the financial criteria used to determine whether a utilization facility that is useful in the conduct of research and development activities is licensed as a commercial facility under section 103, “Commercial Licenses,” of the Atomic Energy Act of 1954, as amended, or as a research and development facility under section 104, “Medical Therapy and Research and Development.” This rulemaking revises the NRC's regulations to be consistent with the Nuclear Energy Innovation and Modernization Act, enacted on January 14, 2019, and the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, enacted on July 9, 2024. DATES: This final rule is effective on April 24, 2026. ADDRESSES: Please refer to Docket ID NRC-2020-0071 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: • *Federal Rulemaking Website:* Electronically at *https://www.regulations.gov.* Search for Docket ID NRC-2020-0071. Address questions about NRC dockets to Helen Chang; telephone: 301-415-3228; email: *Helen.Chang@nrc.gov* . For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly available documents online in the ADAMS Public Documents collection at *https://www.nrc.gov/reading-rm/adams.html.* 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 *PDR.Resource@nrc.gov.* The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. • *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 *PDR.Resource@nrc.gov* 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: Soly Soto Lugo, telephone: 301-415-7528, email: *Soly.Sotolugo@nrc.gov* and Michael Balazik, telephone: 301-415-2856, email: *Michael.Balazik@nrc.gov.* Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: This rulemaking is separate from NRC's comprehensive review and reform of its regulations in accordance with Executive Order (E.O.) 14300, “Ordering the Reform of the Nuclear Regulatory Commission” (90 FR 22587; May 29, 2025). The rulemakings associated with that effort will comprehensively reexamine NRC requirements. The NRC is moving forward with this final rule at this time because it was in progress before the issuance of E.O. 14300 and is a deregulatory action of high interest to NRC stakeholders. Table of Contents I. Background II. Discussion III. Section-by-Section Analysis IV. Regulatory Flexibility Certification V. Regulatory Analysis VI. Backfitting VII. Plain Writing VIII. National Environmental Policy Act IX. Paperwork Reduction Act X. Administrative Procedure Act XI. Executive Orders XII. Congressional Review Act I. Background The NRC's regulations in part 50, “Domestic Licensing of Production and Utilization Facilities,” of title 10 of the *Code of Federal Regulations* (10 CFR), provide requirements and procedures for licensing of production and utilization facilities. For production or utilization facilities used for commercial or industrial purposes, the NRC issues licenses under section 103, “Commercial Licenses,” of the Atomic Energy Act of 1954, as amended (AEA), and 10 CFR 50.22, “Class 103 licenses; for commercial and industrial facilities.” Section 50.22 currently provides that a production or utilization facility is deemed to be for industrial or commercial purposes if it is to be used so that more than 50 percent of the annual cost of owning and operating the facility is devoted to the production of materials, products, or energy for sale or commercial distribution, or to the sale of services, other than research and development or education or training. Commercial and industrial facilities are subject to additional licensing requirements beyond those for research and development facilities, such as review by the Advisory Committee on Reactor Safeguards, mandatory hearings, and fixed license terms not to exceed 40 years. For production or utilization facilities useful in the conduct of research and development, the NRC issues licenses under paragraph c of section 104, “Medical Therapy and Research and Development,” of the AEA and paragraph

(c)of § 50.21, “Class 104 licenses; for medical therapy and research and development facilities.” Under the current regulations, a production or utilization facility can be licensed as a research and development facility only if the licensee devotes no more than 50 percent of the annual cost of owning and operating the facility to the commercial activities described in § 50.22. Amendments made to the AEA by the Nuclear Energy Innovation and Modernization Act (NEIMA), enacted on January 14, 2019 (Pub. L. 115-439; 132 Stat. 5565), and the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act), enacted on July 9, 2024 (Pub. L. 118-67, div. B, 138 Stat. 1448), changed the framework for determining whether a utilization facility would be licensed by the NRC under section 103 or section 104c. of the AEA. This final rule revises the NRC's regulations to be consistent with the AEA, as amended by NEIMA and the ADVANCE Act. II. Discussion The NRC is amending its regulations in §§ 50.21(c) and 50.22 to conform with changes made to section 104c. of the AEA that apply to the issuance of class 104c licenses for utilization facilities. This final rule does not change the cost expenditure criterion in § 50.22 for production facilities. Section 106, “Encouraging Private Investment in Research and Test Reactors,” of NEIMA amended section 104c. of the AEA in two ways. First, NEIMA removed language in section 104c. of the AEA that provided that the facility is not of the type specified in section 104b. of the AEA. Second, NEIMA added language to the end of section 104c. of the AEA providing that the NRC may issue a license for a research and development utilization facility under section 104c. of the AEA if two conditions were satisfied:

(1)not more than 75 percent of the annual costs of owning and operating the facility are recovered through sales of nonenergy services, energy, or both (not counting sales of research and development or education and training); and

(2)not more than 50 percent of the annual costs are recovered through sales of energy. This amendment to the AEA changed the framework under which the NRC determines whether a utilization facility that is useful in the conduct of research and development would be licensed under section 103 or section 104c. of the AEA. Before the enactment of NEIMA, the AEA did not specify the criteria to use when determining whether to issue a class 103 or class 104c license for a facility—the criterion appeared only in § 50.22. Section 601 of the ADVANCE Act amended section 104c. of the AEA to remove the language that NEIMA added and to replace it with new language focused on the percentage of the annual cost of owning and operating a facility that is devoted to commercial activities, similar to the criterion currently included in § 50.22. The new language added by the ADVANCE Act specifies that the NRC may issue a license for a research and development utilization facility under section 104c. of the AEA if two conditions are satisfied:

(1)not more than 75 percent of the annual costs of owning and operating the facility are devoted to the sale of nonenergy services, energy, or a combination of these activities (not counting sales of research and development or education and training); and

(2)not more than 50 percent of the annual costs of owning and operating the facility are devoted to the sale of energy. The ADVANCE Act thus increases the percentage of annual costs of owning and operating the facility that may be devoted to commercial activities beyond the percentage currently included in the NRC's regulations in § 50.22 for determining whether a utilization facility useful in the conduct of research and development activities may be licensed under section 104c. of the AEA. The changes to § 50.22 made by this final rule align the regulation with the changes to the AEA made by the ADVANCE Act and do not establish new or different classes of production or utilization facilities that are licensed under section 103 of the AEA and § 50.22. The term “class 103 license” continues to be used for production or utilization facilities that are licensed under section 103 of the AEA and § 50.22. III. Section-by-Section Analysis The following paragraphs describe the changes made by this final rule. Section 50.21 Class 104 licenses; for medical therapy and research and development facilities This final rule amends paragraph

(c)to implement the amendment made by NEIMA to remove language in section 104c. of the AEA that provided that the facility is not of the type specified in section 104b. of the AEA. Consistent with this statutory change, this final rule amends paragraph

(c)in § 50.21 to remove the language that specifies that the facility is not of the type specified in paragraph

(b)in § 50.21. Paragraph

(c)in § 50.21 continues to specify that the facility is not of the type specified in § 50.22. Section 50.22 Class 103 licenses; for commercial and industrial facilities This final rule amends § 50.22 by reorganizing the section to add paragraphs (a), (b), and

(c)for the criteria for issuing class 103 licenses. Paragraph

(a)retains the current list of activities covered by a class 103 license. Paragraph

(b)retains the current cost expenditure criterion for when a production facility that is useful in the conduct of research and development shall be licensed as an industrial or commercial facility. Paragraph

(c)contains the amended cost expenditure criteria for when a utilization facility that is useful in the conduct of research and development shall be licensed as an industrial or commercial facility. IV. 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 the licensing and operation of utilization facilities that are useful in the conduct of research and development purposes, which are predominately non-power utilization facilities. In general, the companies, universities, and government agencies that own these facilities 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 (§ 2.810, “NRC size standards”). V. Regulatory Analysis The NRC has prepared a final regulatory analysis for this regulation. The analysis examines the costs and benefits of the rulemaking alternative. The NRC estimates that the final rule results in savings of approximately $44,000 (7 percent net present value in 2025 dollars to licensees and the NRC). To conduct this analysis, the NRC assumed that under the regulatory baseline alternative, should the NRC not engage in rulemaking, all 32 existing class 104c licensees would submit license exemption requests in order to continue to abide by the conditions of their licenses should they choose to increase the percentage of the annual costs of owning and operating the facility devoted to commercial activity up to the percentage allowed under the AEA. The NRC did not analyze any additional alternatives because there is no other way to remove the inconsistency between the NRC's regulations and the AEA except for rulemaking. The savings of the final rule consist of the averted costs of licensees to prepare and submit license exemption requests and the averted costs of the NRC to review those license exemption requests. These averted costs are roughly split evenly between the licensees and the NRC. The NRC expects that licensees will also incur some minor costs to understand the final rule and to update their internal accounting guidelines. The costs for this rule will occur immediately after implementation of the final rule, as there are no costs to the rule over an extended period. In addition, the NRC does not expect that this rule will cause any entities to submit applications to become class 104c licensees. The final rule also provides benefits to regulatory efficiency because it removes the inconsistency between the NRC's regulations in §§ 50.21(c) and 50.22 and section 104c. of the AEA, which may create a lack of clarity for existing and future class 104c licensees. It also allows class 104c licensees to continue to operate as allowed under the AEA without concern for enforcement activities by the NRC. Based on this analysis, the NRC considers this rule to be cost beneficial to both industry and the NRC. VI. Backfitting This final rule does not constitute “backfitting” as the term is defined in § 50.109, “Backfitting.” This final rule applies to applicants or future applicants for certain licenses under 10 CFR part 50. In general, applicants for licenses under part 50 are not the subject of the part 50 backfitting provision, with one exception not applicable to this final rule. The NRC is amending its rule text to be consistent with section 104c. of the AEA. As such, rulemaking to align §§ 50.21(c) and 50.22 with section 104c. of the AEA constitutes a non-discretionary change. The Commission's policy in Management Directive 8.4, “Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests” (ADAMS Accession No. ML18093B087) is that non-discretionary changes generally do not meet the definition of backfitting in § 50.109. VII. 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). VIII. National Environmental Policy Act The NRC has determined that this final rule is the type of action described in § 51.22(c)(3)(i), which provides a categorical exclusion for amendments to part 50 that relate to procedures for filing and reviewing applications, amendments, or renewals for licenses or other forms of permission. Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this final rule. IX. 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 number 3150-0011. 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. X. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b)(B), the NRC finds that there is good cause to issue this final rule without prior notice and comment. This final rule is limited to changes to make the NRC's regulations consistent with the amendments made to section 104c. of the AEA by NEIMA and the ADVANCE Act. The regulatory revisions are not subject to interpretation, and the NRC lacks any discretion regarding this change. Accordingly, notice and public comment procedures are unnecessary. For these same reasons, the NRC also finds good cause to waive the 30-day delay in the effective date under 5 U.S.C. 553(d). XI. 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) The Office of Information and Regulatory Affairs has determined that this final rule is not a significant regulatory action. B. Executive Order 14154: Unleashing American Energy The 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 V, “Regulatory Analysis,” of this document. 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, or the Nuclear Waste Policy Act of 1982, as amended;

(2)not statutorily required; and

(3)not part of the NRC's permitting regime. The NRC determined that the regulatory changes in this final rule are limited to making the NRC's regulations consistent with statutory amendments and constitute part of the NRC's permitting regime authorized by statute. 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. XII. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has found that it does not meet the criteria at 5 U.S.C. 804(2). List of Subjects in 10 CFR Part 50 Administrative practice and procedure, Antitrust, Backfitting, Classified information, Criminal penalties, Education, Fire prevention, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Penalties, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements, Whistleblowing. 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 part 50: PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 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; Sec. 109, Pub. L. 96-295, 94 Stat. 783. § 50.21 [Amended] 2. In § 50.21, in paragraph (c), remove the phrase “in paragraph

(b)of this section or”. 3. Revise § 50.22 to read as follows: § 50.22 Class 103 licenses; for commercial and industrial facilities.

(a)A class 103 license will be issued, to an applicant who qualifies, for any one or more of the following: To transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use a production or utilization facility for industrial or commercial purposes.

(b)In the case of a production facility that is useful in the conduct of research and development activities of the types specified in section 31 of the Act, such facility is deemed to be for industrial or commercial purposes and a class 103 license is required if the facility is to be used so that more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the production of materials, products, or energy for sale or commercial distribution, or to the sale of services, other than research and development or education or training.

(c)In the case of a utilization facility that is useful in the conduct of research and development activities of the types specified in section 31 of the Act, such facility is deemed to be for industrial or commercial purposes and a class 103 license is required if the facility is to be used so that:

(1)more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of nonenergy services, energy, or a combination of nonenergy services and energy; or

(2)more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. Dated: April 7, 2026. For the Nuclear Regulatory Commission. Michael King, Executive Director for Operations. [FR Doc. 2026-08024 Filed 4-23-26; 8:45 am]

Connectionstraces to 17

Traces to 17 documents

CFR