Modernization of Radioactive Materials – NRC Proposed Rule

Category 1 and Category 2 Quantities of Radioactive Materials

On May 23, 2025, President Donald J. Trump signed Executive Order (E.O.) 14300 which tasked the Nuclear Regulatory Commission (NRC) to review its regulations and guidance documents relating to Physical Protections of Category 1 and Category 2 quantities of radioactive materials.  Then on April 9, 2026, the Nuclear Regulatory Commission published its proposed rule following policies set forth in E.O. 14300. The Nuclear Regulatory Commission is specifically focusing on 10 CFR part 37 and seeks to change, modify, and remove certain aspects to modernize its requirements. Some, but not all the changes would include:

• Removing the Requirement in § 37.23(b)(2) That a Licensee Must Transmit Its Trustworthiness and Reliability Determination Certifications for Reviewing Officials to the NRC
• Reducing the Required Frequency of Refresher Security Training in § 37.43(c)(3)
• Removing Requirements for Weekly Verification of Category 2 Quantities of Radioactive Materials and for Security Communications Capability in § 37.49(a)(3)(ii) and (c)
• Removing Maintenance and Testing Requirements in §§ 37.43(c)(3)(iv) and 37.51
• Making minor nomenclature changes.

For those interested in seeing all the changes or reading the proposed rule in its entirety, you can click HERE NOW.

It is important to note, those wishing to comment on the proposed rule must do so by May 11, 2026. The Nuclear Regulatory Commission encourages interested parties to submit their comments via the electronic comment submission on the Federal rulemaking website and cautions including identifying or contact information you do not want to be made public.

To see the Executive Order signed by Donald J. Trump, you can click HERE NOW.

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