Streamlining Select Rules of Practice and Procedure

<RULE> NUCLEAR REGULATORY COMMISSION <CFR>10 CFR Parts 2 and 14</CFR> <DEPDOC>[NRC-2025-1336]</DEPDOC> <RIN>RIN 3150-AL54</RIN> <SUBJECT>Streamlining Select Rules of Practice and Procedure</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Nuclear Regulatory Commission. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Nuclear Regulatory Commission (NRC) is rescinding a discrete number of regulations regarding agency rules of practice and procedure for general hearing management, formal adjudications, and administrative tort claims because they are either inconsistent with statutory requirements or duplicative of statutory requirements and other binding regulations. The NRC is not soliciting public comment on these changes because the changes are limited to agency rules of procedure and practice that do not affect the substantive rights and responsibilities of outside parties. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective on November 26, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Please refer to Docket ID NRC-2025-1336 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: • <E T="03">Federal Rulemaking Website:</E> Electronically at <E T="03">https://www.regulations.gov.</E> Search for Docket ID NRC-2025-1336. Address questions about NRC dockets to Helen Chang; telephone: 301-415-3228; email: <E T="03">Helen.Chang@nrc.gov.</E> For technical questions, contact the individual listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section of this document. • <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E> You may obtain publicly available documents online in the ADAMS Public Documents collection at <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E> 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 <E T="03">PDR.Resource@nrc.gov.</E> • <E T="03">NRC's PDR:</E> 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 <E T="03">PDR.Resource@nrc.gov</E> 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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Christopher Prescott, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; telephone: 301-287-9452; email: <E T="03">Christopher.Prescott@nrc.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents: </HD> <EXTRACT> <FP SOURCE="FP-2">I. Background</FP> <FP SOURCE="FP-2">II. Rulemaking Procedure</FP> <FP SOURCE="FP-2">III. Summary of Changes</FP> <FP SOURCE="FP-2">IV. Regulatory Flexibility Certification</FP> <FP SOURCE="FP-2">V. Regulatory Analysis</FP> <FP SOURCE="FP-2">VI. Backfitting and Issue Finality</FP> <FP SOURCE="FP-2">VII. Regulatory Planning and Review</FP> <FP SOURCE="FP-2">VIII. Plain Writing</FP> <FP SOURCE="FP-2">IX. National Environmental Policy Act</FP> <FP SOURCE="FP-2">X. Paperwork Reduction Act</FP> <FP SOURCE="FP-2">XI. Congressional Review Act</FP> </EXTRACT> <HD SOURCE="HD1">I. Background</HD> On May 23, 2025, President Donald J. Trump signed Executive Order (E.O.) 14300, “Ordering the Reform of the Nuclear Regulatory Commission,” which directs the NRC to take a number of actions to help provide the American people with safe, abundant nuclear energy. Section 2 of E.O. 14300 sets forth the policy of the United States to (a) reestablish the United States as the global leader in nuclear energy; (b) facilitate increased deployment of new nuclear reactor technologies; (c) facilitate the expansion of American nuclear energy capacity from approximately 100 GW in 2024 to 400 GW by 2050; (d) employ emerging technologies to safely accelerate the modeling, simulation, testing, and approval of new reactor designs; (e) support the continued operation of, and facilitate appropriate operational extensions for, the current nuclear fleet, as well as the reactivation of prematurely shuttered or partially completed nuclear facilities; and (f) maintain the United States' leading reputation for nuclear safety. This rulemaking addresses E.O. section 5, which states the NRC shall undertake a review and wholesale revision of its regulations and guidance documents guided by the policies set forth in section 2 of the E.O. <HD SOURCE="HD1">II. Rulemaking Procedure</HD> Under the Administrative Procedure Act (5 U.S.C. 553(b)(A)) (APA), notice and comment requirements do not apply “to interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.” Because this revision affects the NRC's rules of agency procedure and practice, the notice and comment provisions of the APA do not apply. Moreover, the final rule does not change the substantive responsibilities of any person or entity regulated by the NRC. <HD SOURCE="HD1">III. Summary of Changes</HD> The NRC is removing a discrete number of sections in 10 CFR part 2, “Agency Rules of Practice and Procedure,” and part 14, “Administrative Claims Under Federal Tort Claims Act,” because they are either unnecessary or duplicative of statutory requirements or other requirements. The regulations in 10 CFR part 2 set forth agency rules of practice and procedure that govern the conduct of adjudicatory proceedings. The following 10 CFR part 2 sections are being removed: • 10 CFR 2.301, “Exceptions,” in its entirety. This regulation notes that the Commission has the authority to provide alternative procedures in adjudications to the extent that the conduct of military or foreign affairs function is involved. The NRC is removing this section because it is duplicative of the provision in the APA (5 U.S.C. 554(a)(4)), which provides an exception to the adjudication requirements in 5 U.S.C. 554 to the extent the conduct of military or foreign affairs functions are involved. An associated change is being made to 10 CFR 2.1000, “Scope of subpart J,” to delete the reference to 10 CFR 2.301. • 10 CFR 2.390(b)(4)(v), “Public Inspections, exemptions, requests for withholding.” The regulation at 10 CFR 2.390 sets out the procedural requirements for anyone submitting a document to the NRC that they wish to have withheld from public disclosure, either wholly or in part, and (b)(4) lays out the factors the Commission will consider when determining whether information is a trade secret, confidential, or privileged commercial or financial information. The considerations provided in clause (v) constitute the “substantial competitive harm” test. The Freedom of Information Act, however, includes no such test, and the Supreme Court has rejected the test, finding the substantial competitive harm requirement “inconsistent with the terms of the statute.” <E T="03">Food Marketing Institute</E> v. <E T="03">Argus Leader Media,</E> 588 U.S. 427, 430 (2019). Thus, the NRC is removing 10 CFR 2.309(b)(4)(v). • 10 CFR 2.711, “Evidence,” specifically subparagraphs (e) through (j). Subparagraphs (e) through (j) provide the requirements for admissibility, objections, offer of proof, exhibits, official record, and official notice in formal adjudications conducted under subpart G of 10 CFR part 2. These subparagraphs, however, are redundant to subparagraphs (a) through (f) in subpart C of part 2, at 10 CFR 2.337, “Evidence at a hearing.” Pursuant to 10 CFR 2.300, “Scope of subpart C,” subpart C applies to all adjudications conducted under the authority of the Atomic Energy Act of 1954, the Energy Reorganization Act of 1974, and 10 CFR part 2, unless specifically stated otherwise. Subpart C applies to formal adjudications conducted under subpart G, and the provisions at 10 CFR 2.711(e) through (j) are duplicative to those found at 10 CFR 2.337(a) through (f). As such, the provisions of 10 CFR 2.711(e) through (j) are unnecessary. The NRC is also making the following conforming changes: add references to 10 CFR 2.337(a) through (f) and 10 CFR 2.711(a) through (d) in 10 CFR 2.1000, and modifying 10 CFR 2.704(c)(3) to change the current reference from 10 CFR 2.711(e) to 10 CFR 2.337(a). The NRC's regulations in 10 CFR part 14 set forth agency procedures for administrative claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. Chapter 171. The FTCA authorizes plaintiffs to obtain compensation from the United States for the torts of its employees in limited circumstances. Under 28 U.S.C. 2672, the Department of Justice (DOJ) has the authority to issue implementing regulations for federal agencies for administrative claims under the FTCA. DOJ's implementing regulations can be found at 28 CFR parts 14 and 15. The following 10 CFR part 14 sections are being removed: • 10 CFR 14.1, “Scope of regulations,” specifically subparagraph (d). • 10 CFR 14.3, “Limit on attorney fees; penalty.” • 10 CFR 14.11, “Who may file a claim.” • 10 CFR 14.13, “When a claim is presented to NRC.” • 10 CFR 14.17, “A claim must be presented to the appropriate agency.” • 10 CFR 14.19, “When a claim is filed with more than one agency.” • 10 CFR 14.21, “Filing a claim after an agency final denial.” • 10 CFR 14.23, “Evidence and information to be submitted.” • 10 CFR 14.25, “Amending a claim.” • 10 CFR 14.27, “Time limit.” • 10 CFR 14.31, “Investigation.” • 10 CFR 14.35, “Limitation on NRC's authority.” • 10 CFR 14.37, “Final denial of a claim.” • 10 CFR 14.39, “Reconsideration of a claim.” • 10 CFR 14.4 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 24k characters. 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