2026-01066Proposed Rule

DOE Tweaks Nuclear Safety Rules for Faster Reactor Tests

Published Date: 1/21/2026

Proposed Rule

Summary

The Department of Energy is updating worker safety rules to speed up testing and approval of new nuclear reactors, while still keeping workers safe. These changes affect workers and companies involved in advanced reactor projects under DOE’s watch. Comments on the proposal are open until February 20, 2026, and the updates aim to boost innovation without extra costs.

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Big Rule Change for DOE Reactor Contractors

If you are a DOE contractor working on advanced reactors under the Office of Nuclear Energy, a new Sec. 851.46 would exempt your projects from several 10 CFR part 851 requirements (including certain approval rules, parts of Sec. 851.23, Sec. 851.24, parts of Sec. 851.27, and Subpart D). Appendix A would be guidance rather than mandatory, variances for these projects could be approved by the cognizant Head of the DOE Field Element, and enforcement actions must be taken after consulting that official. DOE estimates cost savings of 1–3% of contract value per year (about $20–$60 million per year for Idaho National Laboratory).

DOE Rules Apply on Private Land Too

DOE revised the definition of "DOE site" so part 851 applies to operations authorized by DOE even if they are located on private land. For example, the construction and operation of a DOE-authorized advanced reactor on private land by a reactor developer under contract with DOE would be subject to part 851 for the DOE-authorized activities.

Some Safety Standards Removed for Reactors

For Office of Nuclear Energy sites, DOE would exclude certain consensus standards (for example, ACGIH Threshold Limit Values, ANSI/ASSE Z88.2 (2015), and parts of ANSI Z49.1 (2012)) and allow contractors to follow OSHA or other industry standards instead. DOE gives an example that ACGIH cold-stress TLVs would require special hand protection below 60.8 °F that DOE says is infeasible at Idaho National Laboratory.

Variance Approval Moved and Made Discretionary

DOE changes Sec. 851.30 so that variances by the Under Secretary "may" be granted (instead of "shall"), giving the Under Secretary discretion. For Office of Nuclear Energy facilities, variances are to be submitted to and approved by the cognizant Head of the DOE Field Element or the DOE employee with authority to approve the relevant safety basis.

Your PRIA Score

Score Hidden

Personalized for You

How does this regulation affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Key Dates

Published Date

Comments Due

1/21/2026

2/20/2026

Department and Agencies

Department

Independent Agency

Agency

Energy Department

Source: View HTML

Previous / Next Documents

Back to Federal Register

Take It Personal

Get Your Personalized Policy View

Start a Free Government Policy Watch to see how policy affects your household, then upgrade to PRIA Full Coverage for year-round monitoring.

Already have an account? Sign in