2026-20276: State of Indiana: Discontinuance of Certain Commission Regulatory Authority Within the State, Notice of Agreement Between the Nuclear Regulatory Commission and the State of Indiana

Federal Register, Volume 91 Issue 190 (Friday, October 2, 2026) [Federal Register Volume 91, Number 190 (Friday, October 2, 2026)] [Rules and Regulations] [Pages 62635-62636] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-20276] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 91, No. 190 / Friday, October 2, 2026 / Rules and Regulations [[Page 62635]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 150 [NRC-2026-1387] State of Indiana: Discontinuance of Certain Commission Regulatory Authority Within the State, Notice of Agreement Between the Nuclear Regulatory Commission and the State of Indiana

Agency

Nuclear Regulatory Commission.

Action

Final state agreement. -----------------------------------------------------------------------

Summary

This notice is announcing that on September 24, 2026, Ho K. Nieh, Chairman of the U.S. Nuclear Regulatory Commission (NRC or Commission), and Governor Michael Braun of the State of Indiana, signed an Agreement as authorized by Section 274b. of the Atomic Energy Act of 1954, as amended (the Act or AEA). Under the Agreement, the Commission discontinues its regulatory authority, and the State of Indiana assumes regulatory authority over byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass, as defined in Sections 11e.(1), 11e.(3), and 11e(4) of the AEA.

Dates

The effective date of the Agreement is September 30, 2026.

Addresses

Please refer to Docket ID NRC-2026-1387 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-1387. Address questions about Docket IDs in Regulations.gov to Bridget Curran; telephone: 301-415-1003; email: [email protected]. For technical questions, contact the individual(s) 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 Document 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 [email protected]. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ``Availability of Documents'' 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 [email protected] or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

For Further Information Contact

Sherrie Flaherty, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7288; email: [email protected].

Supplementary Information

I. Additional Background Information on Indiana Agreement

The NRC published the proposed Agreement in the Federal Register for comment once each week for four consecutive weeks on May 15, 2026 (91 FR 27987), Corrected version May 21, 2026 (91 FR 29988), May 22, 2026 (91 FR 30333), May 29, 2026 (91 FR 32129), and June 5, 2026 (91 FR 34251), as required by the Act. The comment period ended on June 15, 2026. The NRC received one comment from the Organization of Agreement States in support of the Agreement. No changes in the proposed Agreement or the staff's conclusions in the draft staff assessment of the State's program were made in response to the comment. The NRC staff determined that the Indiana Agreement State program is adequate to protect the public health and safety and compatible with the NRC's program. The Indiana Agreement is consistent with Commission policy and thus meets the criteria for an Agreement with the Commission. After considering the request for an Agreement by the Governor of Indiana, the supporting documentation submitted with the request for an Agreement, and its interactions with the staff of the Indiana Department of Homeland Security, the NRC staff completed an assessment of the Indiana program. The agency made a copy of the staff assessment available in the NRC's PDR and electronically on the NRC's website. Based on the staff's assessment, the Commission determined on September 30, 2026, that the Indiana program for control of radiation hazards is adequate to protect the public health and safety and compatible with the Commission's program. As of the effective date of the Agreement, a person in Indiana possessing these materials is exempt from certain Commission regulations. The exemptions have been previously published in the Federal Register and are codified in the Commission's regulations. The Agreement is published here as required by Section 274e. of the Act. This Agreement is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). The Office of Management and Budget has found that this action does not meet the criteria at 5 U.S.C. 804(2). The Office of Information and Regulatory Affairs has determined that this Agreement is not a significant regulatory action under Executive Order 12866.

II. Availability of Documents

The ADAMS Accession numbers for the request for an Agreement by the Governor of Indiana, including all information and documentation submitted in support of the request, and the NRC staff assessment are identified in the following table. ------------------------------------------------------------------------ Document description ADAMS Accession No. ------------------------------------------------------------------------ Final Indiana Application Section ML26068A234 4.1 Legal Elements (Revised), dated January 29, 2026. [[Page 62636]] Final Indiana Application Section ML26068A235 4.2 Regulatory Requirements Program Elements (Revised), dated January 29, 2026. Final Indiana Application Section ML26068A236 4.3 Licensing Program Elements (Revised), dated January 29, 2026. Final Indiana Application Section ML26068A237 4.4 Inspection Program Elements (Revised), dated January 21, 2026. Final Indiana Application Section ML26068A238 4.5 Enforcement Program Elements (Revised), dated January 29, 2026. Final Indiana Application Section ML26068A239 4.6 Technical Staffing and Training Program Elements (Revised), dated January 29, 2026. Final Indiana Application Section ML26068A240 4.7 Event and Allegation Response Program Elements (Revised), dated January 29, 2026. Indiana Application Request for ML26068A127 Additional Information, dated February 27, 2026. Receipt from C. Eckstein ML26026A076 Acknowledging Indiana Revisions to Regulations 290 IAC 3-1 through 3-18, dated January 26, 2026. Letter from C. Eckstein re: ML26068A068 Indiana Revisions to Regulations 290 IAC 3-1 through 3-18, dated February 27, 2026. Indiana Response to RAI, dated ML26068A126 March 9, 2026. Letter from Governor Mike Braun, ML26033A182 Indiana, to Chairman Nieh requesting agreement be established between the NRC and State of Indiana, received January 29, 2026. Staff Requirements Memorandum for ML26125A146 (package) SECY-26-0053 ``Proposed Agreement Between the State of Indiana and the Commission Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended,'' dated May 5, 2026. SECY-26-0053 ``Proposed Agreement ML26069A564 Between the State of Indiana and the Commission Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended,'' dated April 10, 2026. Draft Staff Assessment of the ML26069A567 Proposed Indiana Program, dated April 10, 2026. State Agreement (SA)-700 ML22138A414 Processing an Agreement final, dated June 15, 2022. SA-700 Handbook for Processing an ML22140A396 Agreement Procedure final, dated June 17, 2022. SECY-26-0098, includes final NRC ML26173A182 (package). staff assessment. ------------------------------------------------------------------------ Authority: 42 U.S.C. 2011 et seq. Dated: September 30, 2026. For the Nuclear Regulatory Commission. Jody Martin, Secretary of the Commission. [FR Doc. 2026-20276 Filed 10-1-26; 8:45 am] BILLING CODE 7590-01-P