Apr 15 • IRSC Inc.

NRC Proposed Rule 2026: Changes to 10 CFR Part 37 for Category 1 and 2 Radioactive Materials

NRC Proposed Rule 2026 | 10 CFR Part 37 Changes Explained

Overview of the NRC Proposed Rule (10 CFR Part 37 Update) 

The U.S. Nuclear Regulatory Commission (NRC) is proposing targeted updates to 10 CFR Part 37 focused on the physical protection of Category 1 and Category 2 radioactive material.

This isn’t a full rewrite of the rule. It’s a cleanup effort—taking a hard look at requirements that haven’t been adding real security value and scaling them back where appropriate.

The goal is pretty straightforward: reduce unnecessary burden while keeping security expectations intact. 
Roughly 960 licensees nationwide would be impacted. 

Who This Proposed Rule Affects 

NRC & Agreement State licensees  

Organizations handling Category 1 and 2 radioactive materials  

Industrial, medical, and research users  

What Action Is the NRC Taking?

The NRC is proposing targeted revisions to 10 CFR Part 37. Bottom line—they’re trimming back requirements that are more administrative than effective, without lowering the bar on security.

Here’s what’s changing:

1. Trustworthiness & Reliability Certifications

The NRC is proposing to remove the requirement in § 37.23(b)(2) to submit reviewing official certifications.
You’ll still make those determinations internally—this just eliminates the extra reporting step.

2. 10-Year Reinvestigations

The mandatory 10-year reinvestigation requirement in § 37.25(b)(1), along with the grandfathered provisions in § 37.25(c), would be eliminated.
In practice, these reinvestigations haven’t been driving access removals, so this aligns the rule with reality.

3. Security Training Frequency

Refresher training requirements in § 37.43(c)(3) would be reduced.
Instead of annual training, it shifts to every 3 years or when something significant changes.

4. Coordination with Local Law Enforcement (LLEA)

The required frequency in § 37.45(d) would be reduced.
Coordination would move from annual to every 3 years, or when conditions change.

5. Weekly Verification & Communication Requirements

The NRC is proposing to remove requirements in:

§ 37.49(a)(3)(ii) (weekly verification of Category 2 materials)
§ 37.49(c) (security communications capability)

This reflects how facilities actually operate today—these checks are often redundant given existing controls.

6. Maintenance and Testing Requirements

Requirements in § 37.43(c)(3)(iv) and § 37.51 would be removed.
But this isn’t a free pass—you’re still responsible for ensuring systems function. This shifts the focus from paperwork to performance.

7. Mobile Device / Vehicle Security Updates

Revisions to § 37.53(b) would allow modern security approaches, including vehicle key removal and electronic systems.
This brings the rule in line with how security is actually implemented today.

8. Administrative Updates

Revisions to § 37.53(b) would allow modern security approaches, including vehicle key removal and electronic systems.
This brings the rule in line with how security is actually implemented today.

Regulatory Intent: Efficiency Without Reducing Security

The NRC is being pretty clear about the intent here:

  • Cut back on unnecessary administrative work
  • Improve efficiency for both licensees and regulators
  • Maintain existing security expectations

This is a move toward risk-informed, performance-based regulation—not deregulation.


Cost Impact and Industry Savings

The numbers are significant:

  • About $111.7 million in total industry savings over 10 years
  • Roughly $11.3 million annually
  • Reduced reporting and compliance hours across the board

Those savings apply to licensees, the NRC, and Agreement State programs.

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Environmental and Safety Considerations

From a safety standpoint, nothing fundamental is changing:

  • No significant environmental impact
  • No changes to radiation protection standards
  • No increased risk to public health and safety

All existing requirements under 10 CFR Part 20 remain in place.


Public Comment and Timeline

The rule is still in the proposal stage, and the NRC is actively looking for input.

They’re specifically asking for feedback on:

  • Safety implications
  • Operational impact
  • Cost-benefit assumptions

Final timelines will depend on how that process plays out.


What This Means for You

If you’re operating under Part 37, here’s the practical takeaway:

What gets easier:

  • Less paperwork
  • Fewer recurring compliance tasks
  • Lower operational overhead

What doesn’t change:

  • Accountability
  • Inspection exposure
  • Security expectations

This isn’t deregulation in the risky sense—it’s targeted simplification.


Not sure how these changes impact your program?

Let’s walk through it together and identify what you can streamline—and what still needs attention.