2026-10729: Zero-Based Regulating

A. Zero-Based Regulatory Budgeting To Unleash American Energy

On April 9, 2025, President Donald J. Trump issued Executive Order (E.O.) 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. 90 FR 15643. In E.O. 14270, the President directed the Department of Energy (DOE), among other agencies, to ``the extent consistent with applicable law'' to ``issue a sunset rule, effective not later than September 30, 2025'' to insert a conditional sunset date into regulations promulgated under a variety of energy-related statutes. Id., section 4(a). E.O.14270 identified five statutes relevant to DOE: the Atomic Energy Act of 1954; the National Appliance Energy Conservation Act of 1987; the Energy Policy Act of 1992; the Energy Policy Act of 2005; and the Energy Independence and Security Act of 2007. Id., section 3(b). E.O. 14270 directed DOE to issue its sunset rule with an effective date ``not later than September 30, 2025.'' Id., section 4(a). E.O. 14270 ordered that the ``sunset rule shall provide'' that each regulation issued pursuant to the identified statutes and their amendments, ``in effect on the date of this order,'' shall have a conditional sunset date ``1 year after the effective date of the sunset rule.'' Id., section 4(b). Under the sunset provision, each regulation expires on the conditional sunset date unless DOE ``finds an extension is warranted'' and extends the sunset date of the regulation. Id., section 4(d). Regulations that expire will cease to be effective and, to the maximum extent permitted by law, shall be removed from the Code of Federal Regulations. Id., section 4(b). E.O. 14270 also directed DOE to insert a sunset provision into each regulation promulgated under the same five statutes, going forward. E.O. 14270 directed DOE to insert a conditional sunset date for future covered regulations ``not more than 5 years in the future'' following the effective date of a particular regulation.\1\ E.O. 14270 [[Page 31986]] exempted permitting regimes authorized by statute. Id., section 5(c). --------------------------------------------------------------------------- \1\ Id., sectionSec. 4(c). Thus, DOE will include a conditional sunset date in future regulations to which the E.O. would apply, consistent with the approach taken herein. ---------------------------------------------------------------------------

B. Identified DOE Statutes and Regulations

As stated previously, E.O. 14270 directed DOE to issue a rule that inserts conditional sunset dates into each of the covered regulations, which are defined as ``regulation[s] issued in whole or in part pursuant to a statutory authority listed in sections 3(b)-(j) of this order.'' Id., sections 2(c), 4(a). For DOE, the identified statutes are the Atomic Energy Act of 1954; the National Appliance Energy Conservation Act of 1987; the Energy Policy Act of 1992; the Energy Policy Act of 2005; and the Energy Independence and Security Act of 2007. Id., section 3(b). The Atomic Energy Act of 1954 governs the development and use of nuclear energy. Public Law 83-703 (1954). The National Appliance Energy Conservation Act of 1987 established energy efficiency standards for appliances. The Energy Policy Act of 1992 amended the Energy Policy and Conservation Act (EPCA) to further increase energy efficiency in the United States. The Energy Policy Act of 2005 addressed energy production in the United States. The Energy Independence and Security Act of 2007 aimed to increase the energy independence of the nation. DOE regulations promulgated under the authority of these statutes are codified in 10 CFR parts 300, 602, 605, 706, 708, 712, 719, 725, 727, 733, 760, 766, 782, 783, 784, 824, 840, 860, 861, 862, 950, 960, 963, 1009, 1015, 1016, 1045, and 1046. These regulations may be issued pursuant to multiple statutes, including statutes not listed in E.O. 14270. The CFR parts listed previously include regulations where DOE relied on one of the five statutes identified in E.O. 14270, or their amendments, for any section in that part, and where it would be consistent with applicable law to sunset. There are several regulations codified in 10 CFR that are promulgated under the authority of these statutes but are not included in this rulemaking. E.O. 14270 directs DOE to issue a sunset rule ``to the extent consistent with applicable law.'' E.O. 14270, section 4. Thus, this rulemaking does not include regulations that could not be sunset ``consistent with applicable law.'' Specifically, there are several regulations that are required by Congress or are required to fulfill DOE's statutory duties, and conditional sunset dates for these provisions may have a chilling effect on the market. For example, 10 CFR parts 820, 830, and 835 either directly or indirectly serve as underlying nuclear safety requirements for Price Anderson Amendments Act (PAAA) indemnification, which provides a system of financial protection for persons (including DOE contractors) who may be liable and persons who may be injured by a nuclear incident. The potential for these regulations to sunset would be inconsistent with the requirements of PAAA and because this indemnification is a critical element of obtaining contractors to perform work for the Department, the potential for these regulations to sunset could negatively affect DOE's ability to secure contracts necessary for it to perform its statutory duties. For these reasons, regulations that are required by Congress or are required to fulfill DOE's statutory duties and would have a chilling effect on the market if DOE inserted a conditional sunset are excluded from the rulemaking.

A. Sunset Provisions for Specific Covered Regulations

This notice of proposed rulemaking would insert a sunset provision into its regulations codified in each of the parts previously listed. This NOPR would amend the identified parts of title 10 of the Code of Federal Regulations to add a sunset provision to the end of the identified parts. The sunset provision states: ``Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101.'' For sunset provisions added to parts 712, 725, 860, 862, 1016, 1045, and 1046, the NOPR would set a conditional sunset date of five years from the effective date. These parts govern access to classified information/classified programs, administer the Human Reliability Program, protect worker health and safety, and establish processes to govern the production of nuclear material for the personnel at DOE and National Nuclear Security Administration (NNSA) facilities. The identified parts implicate DOE and NNSA abilities to protect DOE and NNSA personnel, facilities, materials, and information. Thus, the Secretary has preliminarily determined that an extension of the conditional sunset date for these parts for a period of five years is warranted. Accordingly, instead of a conditional sunset date of one year from the effective date, the NOPR would set a conditional sunset date that is 5 years from the effective date for these provisions. DOE requests comment on the costs and benefits of extending these regulations.

B. Sunset Provisions for Covered Regulations Generally

This NOPR also would add part 1061 to Chapter X of title 10 of the Code of Federal Regulations, which outlines how these sunset provisions are applied to covered regulations. The proposed general sunset provisions would reiterate that sections to which the sunset provisions apply would ``automatically expire and cease to be effective on the identified conditional sunset date unless the section expires, is rescinded, or is extended prior to that date.'' The proposed general sunset provisions would extend the conditional sunset date upon a written determination by the Secretary of Energy or his designee that ``an extension of the section is warranted[.]'' The written determination may extend the conditional sunset date for period not to exceed five years. Additionally, section 10 CFR 1061.101 requires DOE to publish in the Federal Register a written determination in which DOE extends the conditional sunset date of a covered regulation. Consistent with the E.O. 14270, the proposed rule would provide that ``Amendments to an existing regulation shall not extend its sunset date[,]'' and provides that ``that DOE will give the public an opportunity to comment on the costs and benefits of extending any regulations covered by a sunset provision, through a request for information, before allowing any regulation to expire.'' See E.O. 14270, section 4(d).

A. Executive Order 14270

E.O. 14270, Zero-Based Regulatory Budgeting to Unleash American Energy, states ``each of the Covered Agencies shall issue a sunset rule,'' and further specifies the general terms of those rules. E.O. 14270, section 4(a). Consistent with this direction, DOE issues this notice of proposed rulemaking. The President's directive provides an independent and sufficient justification for this proposed rulemaking. E.O. 14270 does not direct the Secretary to rescind or reissue any particular regulation. The Secretary retains his full authority to issue and repeal regulations under the five relevant statutes and their amendments. The President has directed only the manner in which the Secretary is to review and extend the conditional sunset dates for covered regulations, as defined in E.O. 14270. [[Page 31987]]

B. DOE's Determination

Independent of E.O. 14270, DOE separately determines that it is good public policy to routinely review agency regulations and that this sunset rule is an appropriate mechanism to compel that review. Energy markets and needs are constantly changing. So is new energy technology. DOE's regulations must adapt to this changing landscape to foster innovation and growth. Having regulations expire unless extended would ensure DOE's regulations are programmatically reviewed. Simply promising to review rules is insufficient because it fails to provide the agency with an adequate incentive to periodically review its regulations. E.O. 14270 covers a diversity of statutes, which all involve energy-production issues wherein science and technology are constantly evolving, and wherein regulations must adapt to the current energy needs of the country. For example, the Atomic Energy Act of 1954 is designed to ``encourage scientific and industrial progress,'' a goal that requires that the regulatory structure keep up with the rapid pace of scientific and industrial innovation. 42 U.S.C. 2013(b). Similarly, EPCA and its amendments seek to conserve energy supplies and improve energy efficiency of various consumer products and commercial equipment and DOE is directed to routinely consider whether to make those standards more stringent. DOE requests comment regarding the effects of EPCA's anti-backsliding provision on technological developments, resource allocations, market forces, and unnecessary intervention into consumer, industrial and energy markets. The sunset provisions do not force the expiration or the extension of any particular regulation. The decision whether to extend a conditional sunset date will come later, as DOE reviews the various covered regulations, as defined by E.O. 14270. DOE will consider the ongoing need for each individual regulation at that time, along with the particular statutory authorities for each regulation. DOE is not the first governmental entity to consider a sunset rule--it is not even the first Federal agency to adopt one. On January 19, 2021, Health and Human Services adopted a sunset rule, 86 FR 5694, although it was later withdrawn, 87 FR 32246. Beyond that, many states have automatic sunset provisions. In New Jersey, for example, regulations automatically expire after seven years unless extended by the agency. N.J. Stat. Ann. sec. 52:14B-5.1(b). Indiana likewise has a seven-year sunset rule. Ind. Code sec. 4-22-2.5-2. And in 2019, the state of Idaho underwent a sunset review process for its entire regulatory code--ultimately rescinding more than 19,000 regulatory restrictions as part of the process. Office of Gov. Brad Little, Idaho's Historic Regulatory Cuts (July 2019). Other countries have also imposed sunset provisions, including South Korea. OECD Reviews of Regulatory Reform, Regulatory Policy in Korea, Toward Better Regulation, at 86 (2017), https://publicadministration.un.org/unpsa/Portals/0/UNPSA_Submitted_Docs/2019/4cd3e219-c819-40f3-8246-7a024d9a82a9/2020%20UNPSA_the%20Regulatory %20Reform%20Sinmungo_Evaluation%20Report_27112019_032807_e4d166a9-f6ef- 4a6c-9aaf-99748fa94284.pdf?ver=2019-11-27-032807-637. Previous administrations have also recommended sunset provisions. An Obama administration report from the Council of Economic Advisors explained that sunset provisions could be useful in the context of occupational licensing ``because, even if licensing was justified when first introduced, technological and economic changes may have rendered it unnecessary or overly restrictive.'' Occupational Licensing: A Framework for Policymakers, The White House, at 48-50 (July 2015), https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf. Overall, a sunset rule is one of the most important tools a government can use to reduce regulatory costs. Russell S. Sobel & John

A. Dove, State Regulatory Review: A 50 State Analysis of Effectiveness

36 (Mercatus Ctr., Working Paper No. 12-18, 2012), https://www.mercatus.org/system/files/State-Regulatory-Review-50-State-Analysis-Effectiveness.pdf. This is consistent with the Secretary's policy of deregulation. The agency is committed to repealing outdated and unnecessary regulations as a pathway to maximize human freedom, stimulate economic growth, and promote innovation. Unless a regulation is statutorily required or critical to the public interest, the agency's general policy view is that it should be withdrawn and removed as expeditiously as possible. The proposed sunset rule is the best way to achieve the Secretary's policy. The Secretary's general authority to issue a sunset rule comes from DOE's general ``housekeeping'' authority, see 5 U.S.C. 301, as well as the same regulatory authority used to initially issue the regulations under the relevant statutes. Furthermore, ``[t]he Secretary is authorized to prescribe such procedural and administrative rules and regulations as he may deem necessary or appropriate to administer and manage the functions'' vested in DOE. 42 U.S.C. 7254.

1. The authority citation for part 300 continues to read as follows:

Authority: 42 U.S.C. 7101, et seq., and 42 U.S.C. 13385(b). 0

2. Add Sec. 300.14 to read as follows:

Sec. 300.14 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 602--EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM 0

3. The authority citation for part 602 continues to read as follows:

Authority: 42 U.S.C. 2051; 42 U.S.C. 5817; 42 U.S.C. 5901-5920; 42 U.S.C. 7254 and 7256; 31 U.S.C. 6301-6308. 0

4. Add Sec. 602.20 to read as follows:

Sec. 602.20 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 605--THE OFFICE OF SCIENCE FINANCIAL ASSISTANCE PROGRAM 0

5. The authority citation for part 605 continues to read as follows:

Authority: Section 31 of the Atomic Energy Act, as amended, Pub. L. 83-703, 68 Stat. 919 (42 U.S.C. 2051); sec. 107 of the Energy Reorganization Act of 1974, Pub. L. 93-438, 88 Stat. 1240 (42 U.S.C. 5817); Federal Nonnuclear Energy Research and Development Act of 1974, Pub. L. 93-577, 88 Stat. 1878 (42 U.S.C. 5901 et seq.); secs. 644 and 646 of the Department of Energy Organization Act, Pub.

L. 95-91, 91 Stat. 599 (42 U.S.C. 7254 and 7256); Federal Grant and

Cooperative Agreement Act, as amended (31 U.S.C. 6301 et seq.). 0 6. Add Sec. 605.21 to read as follows: Sec. 605.21 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 706--SECURITY POLICIES AND PRACTICES RELATING TO LABOR- MANAGEMENT RELATIONS 0 7. The authority citation for part 706 continues to read as follows: Authority: Sec. 161, 68 Stat. 948, as amended; 42 U.S.C. 2201. 0 8. Add Sec. 706.41 to read as follows: Sec. 706.41 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 708--DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM 0 9. The authority citation for part 708 continues to read as follows: Authority: 41 U.S.C. 8102 et seq.; 42 U.S.C. 2012, 2013, 2051, 2061, 2165, 2201b, 2201i, and 2201p; 42 U.S.C. 5814 and 5815; 42 U.S.C. 7151, 7251, 7254, and 7256; 50 U.S.C. 2401 et seq. 0 10. Add Sec. 708.44 to read as follows: Sec. 708.44 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 712--HUMAN RELIABILITY PROGRAM 0 11. The authority citation for part 712 continues to read as follows: Authority: 42 U.S.C. 2165; 42 U.S.C. 2201; 42 U.S.C. 5814-5815; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 10450, 3 CFR 1949-1953 Comp., p. 936, as amended; E.O. 10865, 3 CFR 1959-1963 Comp., p. 398, as amended; 3 CFR Chap. IV. 0 12. Add Sec. 712.39 to read as follows: Sec. 712.39 Sunset Provision. Sections in this part will automatically expire [5 years from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. [[Page 31990]] PART 719--CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS 0 13. The authority citation for part 719 continues to read as follows: Authority: 42 U.S.C. 2201, 5814, 5815 and 7101, et seq.; 50 U.S.C. 2401, et seq. 0 14. Add Sec. 719.53 to read as follows: Sec. 719.53 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 725--PERMITS FOR ACCESS TO RESTRICTED DATA 0 15. The authority citation for part 725 continues to read as follows: Authority: Sec. 161 of the Atomic Energy Act of 1954, as amended, 68 Stat. 943, 42 U.S.C. 2201. 0 16. Add Sec. 725.32 to read as follows: Sec. 725.32 Sunset Provision. Sections in this part will automatically expire [5 years from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 727--CONSENT FOR ACCESS TO INFORMATION ON DEPARTMENT OF ENERGY COMPUTERS 0 17. The authority citation for part 727 continues to read as follows: Authority: 42 U.S.C. 7101, et seq.; 42 U.S.C. 2011, et. seq.; 50 U.S.C. 2425, 2483; E.O. No. 12958, 60 FR 19825, 3 CFR, 1995 Comp., p. 333; and E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391. 0 18. Add Sec. 727.7 to read as follows: Sec. 727.7 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 733--ALLEGATIONS OF RESEARCH MISCONDUCT 0 19. The authority citation for part 733 continues to read as follows: Authority: 42 U.S.C. 2201; 7254; 7256; 7101 et seq.; 50 U.S.C. 2401 et seq. 0 20. Add Sec. 733.9 to read as follows: Sec. 733.9 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 760--DOMESTIC URANIUM PROGRAM 0 21. The authority citation for part 760 continues to read as follows: Authority: The Atomic Energy Act of 1954, as amended (68 Stat. 919, 42 U.S.C. 2011 et seq.) 0 22. Add Sec. 760.2 to read as follows: Sec. 760.2 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 766--URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND; PROCEDURES FOR SPECIAL ASSESSMENT OF DOMESTIC UTILITIES 0 23. The authority citation for part 766 continues to read as follows: Authority: 42 U.S.C. 2201, 2297g, 2297g-1, 2297g-2, 7254. 0 24. Add Sec. 766.108 to read as follows: Sec. 766.108 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 782--CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT 0 25. The authority citation for part 782 continues to read as follows: Authority: Dept. of Energy Organization Act; sec. 651, 91 Stat. 601, 42 U.S.C. 7261; Atomic Energy Act of 1954; sec. 107(d), 88 Stat. 1241, 42 U.S.C. 5817(d); sec. 161(g), 80 Stat. 443, 42 U.S.C. 2201(g); sec. 172, 62 Stat. 933, 42 U.S.C. 2223; Foreign Assistance Act of 1961, sec. 2356, 75 Stat. 440, 22 U.S.C. 2356; Patents, Invention Secrecy Act; sec. 183, 66 Stat. 4, 35 U.S.C. 183; Judiciary and Judicial Procedure Act, sec. 1498, 62 Stat. 601, 28 U.S.C. 1498. 0 26. Add Sec. 782.9 to read as follows: Sec. 782.9 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 783--WAIVER OF PATENT RIGHTS 0 27. The authority citation for part 783 continues to read as follows: Authority: Secs. 152, 161, 68 Stat. 944, 948, as amended; (42 U.S.C. 2182, 2201). 0 28. Add Sec. 783.2 to read as follows: Sec. 783.2 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 784--PATENT WAIVER REGULATION 0 29. The authority citation for part 784 continues to read as follows: Authority: 42 U.S.C. 7151; 42 U.S.C. 5908; 42 U.S.C. 2182; 35 U.S.C. 202 and 210; 42 U.S.C. 7261a. 0 30. Add Sec. 784.14 to read as follows: Sec. 784.14 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS 0 31. The authority citation for part 824 continues to read as follows: Authority: 42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461 note. 0 32. Add Sec. 824.17 to read as follows: Sec. 824.17 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 840--EXTRAORDINARY NUCLEAR OCCURRENCES 0 33. The authority citation for part 840 continues to read as follows: Authority: Sec. 161 of the Atomic Energy Act of 1954, Pub. L. 83-703, 68 Stat. 919 (42 U.S.C. 2201); sec. 170 of the Atomic Energy Act of 1954, Pub. L. 85-256, 71 Stat. 576, as amended by Pub. L. 89- 645, 80 Stat. 891 (42 U.S.C. 2210); Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565-613 (42 U.S.C. 7101- 7352). 0 34. Add Sec. 840.6 to read as follows: [[Page 31991]] Sec. 840.6 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 860--TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY 0 35. The authority citation for part 860 continues to read as follows: Authority: Sec. 161, 68 Stat. 948, sec. 229, 70 Stat. 1070; (42 U.S.C. 2201; 2278a); sec. 104, 88 Stat. 1237, sec. 105, 88 Stat. 1238 (42 U.S.C. 5814, 5815); sec. 5, Pub. L. 100-185, 101 Stat. 1279 (18 U.S.C. 3559); sec. 6, Pub. L. 100-185, 101 Stat. 1280 (18 U.S.C. 3571); sec. 7041, Pub. L. 100-690, 102 Stat. 4899 (18 U.S.C. 3559). 0 36. Add Sec. 860.9 to read as follows: Sec. 860.9 Sunset Provision. Sections in this part will automatically expire [5 years from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 861--CONTROL OF TRAFFIC AT NEVADA TEST SITE 0 37. The authority citation for part 861 continues to read as follows: Authority: 42 U.S.C. 2201. 0 38. Add Sec. 861.8 to read as follows: Sec. 861.8 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 862--RESTRICTIONS ON AIRCRAFT LANDING AND AIR DELIVERY AT DEPARTMENT OF ENERGY NUCLEAR SITES 0 39. The authority citation for part 862 continues to read as follows: Authority: 42 U.S.C. 2201(b), 2201(i) and 2278(a). 0 40. Add Sec. 862.8 to read as follows: Sec. 862.8 Sunset Provision. Sections in this part will automatically expire [5 years from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 950--STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS 0 41. The authority citation for part 950 continues to read as follows: Authority: 42 U.S.C. 2201, 42 U.S.C. 7101 et seq., and 42 U.S.C. 16014. 0 42. Add Sec. 950.43 to read as follows: Sec. 950.43 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 960--GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY 0 43. The authority citation for part 960 continues to read as follows: Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq. 0 44. Add Sec. 960.6 to read as follows: Sec. 960.6 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 963--YUCCA MOUNTAIN SITE SUITABILITY GUIDELINES 0 45. The authority citation for part 963 continues to read as follows: Authority: 42 U.S.C. 2011 et seq.; 42 U.S.C. 7101 et seq.; 42 U.S.C. 10101, et seq. 0 46. Add Sec. 963.18 to read as follows: Sec. 963.18 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 1009--GENERAL POLICY FOR PRICING AND CHARGING FOR MATERIALS AND SERVICES SOLD BY DOE 0 47. The authority citation for part 1009 continues to read as follows: Authority: Sec. 644 of the Dept. of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7254); Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.) ``User Fee Statute'', 31 U.S.C. 483a, 42 U.S.C. 2111, 2112 and 2201. 0 48. Add Sec. 1009.7 to read as follows: Sec. 1009.7 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 1015--COLLECTION OF CLAIMS OWED THE UNITED STATES 0 49. The authority citation for part 1015 continues to read as follows: Authority: 31 U.S.C. 3701, 3711, 3716, 3717, 3718, and 3720B; 42 U.S.C. 2201 and 7101, et seq.; 50 U.S.C. 2401 et seq. 0 50. Add Sec. 1015.506 to read as follows: Sec. 1015.506 Sunset Provision. Sections in this part will automatically expire [365 days from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 1016--SAFEGUARDING OF RESTRICTED DATA BY ACCESS PERMITTEES 0 51. The authority citation for part 1016 continues to read as follows: Authority: Sec. 161i of the Atomic Energy Act of 1954, 68 Stat. 948 (42 U.S.C. 2201). 0 52. Add Sec. 1016.33 to read as follows: Sec. 1016.33 Sunset Provision. Sections in this part will automatically expire [5 years from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 1045--NUCLEAR CLASSIFICATION AND DECLASSIFICATION 0 53. The authority citation for part 1045 continues to read as follows: Authority: 42 U.S.C. 2011; E.O. 13526, 75 FR 705, 3 CFR 2010 Comp., pp. 298-327. 0 54. Add Sec. 1045.226 to read as follows: Sec. 1045.226 Sunset Provision. Sections in this part will automatically expire [5 years from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. PART 1046--MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL 0 55. The authority citation for part 1046 continues to read as follows: [[Page 31992]] Authority: 42 U.S.C. 2011, et seq.; 42 U.S.C. 7101, et seq.; 50 U.S.C. 2401, et seq. 0 56. Add Sec. 1046.21 to read as follows: Sec. 1046.21 Sunset Provision. Sections in this part will automatically expire [5 years from the effective date of a final rule] unless the section expires earlier, is rescinded, or the sunset provision is extended pursuant to 10 CFR 1061.101. 0 57. Adding part 1061 to read as follows: PART 1061--GENERAL SUNSET PROVISIONS Authority: 42 U.S.C. 7254; Executive Order 14270 (April 9, 2025). Sec. 1061.101 Sunset Provisions (a) Pursuant to a sunset provision, an affected section will automatically expire and cease to be effective on the identified conditional sunset date unless the section expires, is rescinded, or is extended prior to that date. (b) If, prior to the expiration of a Section, the Secretary of Energy or designee (Secretary) makes a written determination that an extension of the Section is warranted, the Secretary may continue the sections for a period stated in the determination, which shall not exceed five calendar years from the date of the determination. DOE shall promptly publish in the Federal Register a written determination of any extension under this section. (c) Amendments to an existing regulation shall not extend its sunset date. (d) DOE will give the public an opportunity to comment on the costs and benefits of extending any regulations covered by a sunset provision, through a request for information or other means, before allowing any regulation to expire. [FR Doc. 2026-10729 Filed 5-28-26; 8:45 am] BILLING CODE 6450-01-P