# 2026-12702: Nuclear Agency Streamlines Radioactive Materials Licensing Rules

2026-12702, Modernizing Materials Licensing, is a Federal Register proposed rule from Nuclear Regulatory Commission published 2026-06-24, effective Comments must be submitted electronically using https:// www.regulations.gov by 11:59 p.m. eastern time on August 10, 2026.; PRIA reads it as touching household money (as of 2026-07-01).

- Canonical: https://policyrisk.com/federal-register/2026-12702
- As of: 2026-07-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-12702
- Title: Modernizing Materials Licensing
- Type: Proposed Rule
- Agencies: Nuclear Regulatory Commission
- Citation: 91 FR 38124
- Published: 2026-06-24
- Effective: Comments must be submitted electronically using https:// www.regulations.gov by 11:59 p.m. eastern time on August 10, 2026.
- Comments close: 2026-08-10
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: 3150-AL56
- Last updated: 2026-07-01

## In one line

Nuclear Agency Streamlines Radioactive Materials Licensing Rules

## Summary

The Nuclear Regulatory Commission is updating its rules to make licensing for nuclear materials faster, simpler, and clearer. This affects companies and organizations that handle radioactive materials, cutting unnecessary paperwork and improving safety rules for new nuclear fuels. Comments on these changes are open until August 10, 2026, helping shape a smoother, smarter process without extra costs.

## Abstract

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for byproduct, source, and special nuclear material to modernize the NRC's materials licensing requirements. This proposed action is responsive to several executive orders and the NRC's mission to enable safe, efficient, and reliable licensing. These changes are deregulatory in nature and include streamlining the process for existing and certain new applicants to enable bringing power to the grid. Unnecessary regulations are being eliminated, and reporting and recordkeeping requirements are being changed. The NRC is proposing several other changes to clarify regulations that are confusing or ambiguous to make the overall licensing process more efficient. Finally, regulations governing the storage of radioactive material are being amended to accommodate new and advanced nuclear fuels.

## Effects PRIA read

- Faster, Simpler Materials Licensing: benefit, medium. The NRC proposes to modernize materials licensing to make licensing for byproduct, source, and special nuclear material faster and simpler. The rule says it will eliminate unnecessary regulations and change reporting and recordkeeping to reduce paperwork for companies and organizations that handle…
- Nine‑Month Pre-Application Rule Removed: benefit, low. The NRC would remove the fixed requirement that certain materials facility applications be submitted at least nine months before construction (revisions to Secs. 30.32(f), 40.31(f), and 70.21(f)). Applicants will instead use pre-application engagement and provide updated construction schedules as a…
- Construction Before License: 'At Your Own Risk': benefit, medium. The proposed rule would clarify that construction before license approval may proceed "at the applicant's own risk" for byproduct, source, and certain fuel cycle facilities by changing language in Secs. 30.33(a)(5), 40.32(e), and 70.23(a)(7). This change would not apply to uranium enrichment facili…
- New Exemption For Large Components: benefit, medium. The NRC would add new definitions for "large component" and "robust structure" (Sec. 37.5) and add Sec. 37.11(d) to exempt large components and robust-structure storage containing category 1 or category 2 radioactive material from certain part 37 physical protection requirements if three conditions…
- DOE Pilot Fuel Lines Exempted; Licensing Streamlined: benefit, medium. The rule would recognize DOE‑authorized pilot fuel lines (defined in Sec. 70.4) as exempt from NRC licensing for non‑commercial purposes by adding a new Sec. 70.11(d). The NRC would also set a streamlined path for future commercial licensing of those sites by focusing NRC review on aspects not alre…
- Spent Fuel Reprocessing Licensing Under Part 70: benefit, high. The NRC proposes to explicitly allow spent fuel reprocessing facilities to be licensed under 10 CFR part 70 as an alternative to the two‑step construction/operation process in part 50. The rule creates a flexible, technology‑neutral licensing framework and would require applicants to address identi…
- Flexible Statutory Treatment For Reprocessing: mixed, high. Under the proposal, spent fuel reprocessing facilities that meet the AEA definition of a production facility must meet statutory requirements (e.g., technical specifications, ITAAC, operator licensing, financial protection, mandatory hearing). Facilities that do not meet the production definition w…
- No Construction At Risk For Reprocessing: cost, medium. The proposed rule would prohibit spent fuel reprocessing facilities from undertaking "construction at risk" (proposed Sec. 70.23(a)(8)), meaning those applicants may not begin construction prior to license approval. Applicants that are not production facilities may request exemptions but generally…
- Financial Protection and QA Requirements for Reprocessing: cost, high. The proposal would require spent fuel reprocessing facility applications to include adequate financial protection (Sec. 70.23(a)(12)) and a quality assurance (QA) program that complies with appendix B to 10 CFR part 50 (Sec. 70.22(f)). The rule also proposes conforming amendments to part 140 to cla…
- Streamlined Dry Storage Cask Approval Process: benefit, medium. The NRC would streamline 10 CFR part 72 by removing the rulemaking process for dry storage cask design approvals and simplifying change processes, reducing the certification burden for storage cask designs and Certificate of Compliance holders.
- Codified Enforcement Discretion for Some GL Violations: benefit, low. The proposed rule would codify discretion described in an August 2025 Interim Enforcement Policy to allow NRC staff to exercise enforcement discretion for certain General License (GL) violations of Secs. 72.48 and 72.212. This would be reflected in 10 CFR part 72 changes.
- Definitions Updated for Advanced Reactor Fuels: benefit, low. The NRC would clarify definitions in part 72 for spent fuel and descriptions of damaged fuel to accommodate advanced reactor fuels and streamline licensing of advanced reactor technologies.

## Related documents

- [2026-19568](https://policyrisk.com/federal-register/2026-19568): Regulatory Enhancements for Reactor Licensing, Decommissioning, and Operational Oversight, 2026-09-24
- [2026-14341](https://policyrisk.com/federal-register/2026-14341): Modernizing Reactor Licensing, Safety Oversight, and Siting Practices, 2026-07-16
- [2026-13687](https://policyrisk.com/federal-register/2026-13687): Implementation of the National Environmental Policy Act, 2026-07-07
- [2026-12067](https://policyrisk.com/federal-register/2026-12067): Fee Schedules; Fee Recovery for Fiscal Year 2026, 2026-06-16
- [2026-08550](https://policyrisk.com/federal-register/2026-08550): Licensing Requirements for Microreactors and Other Reactors With Comparable Risk Profiles, 2026-05-01
- [2026-08015](https://policyrisk.com/federal-register/2026-08015): Generic Environmental Impact Statement for Licensing of New Nuclear Reactors, 2026-04-24

## Sources
- [2026-12702 on federalregister.gov](https://www.federalregister.gov/documents/2026/06/24/2026-12702/modernizing-materials-licensing)
- [2026-12702 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-06-24/pdf/2026-12702.pdf)

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- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-12702 (as of 2026-07-01).
