The NRC recently reissued a final rule to insert a conditional sunset date into the aircraft impact assessment (AIA) requirements of 10 CFR § 50.150 in response to Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The NRC took this action after withdrawing the AIA portion of its earlier direct final sunsetting rule in response to significant public input (on which we previously wrote). This final rule addresses the significant adverse comments and reflects the NRC’s decision to proceed with sunsetting the AIA requirements on a conditional basis.
Background on the AIA Rule
Finalized in 2009, the AIA rule requires new power reactor applicants to submit a design-specific assessment of the effects of a large commercial aircraft impact, including core cooling capability, containment, spent fuel cooling capability, and spent fuel pool integrity. The rule was characterized as a safety enhancement, rather than a requirement necessary for adequate protection, and was adopted as a result of the events of September 11, 2001.
Significant and Adverse Public Comments
The proposal to sunset the AIA requirement generated six significant adverse comments from the public. Most notably, these commenters asserted, in part, that:
- Adequate protection would not be maintained and safety standards would be weakened if the AIA rule were eliminated;
- Aircraft impact risks are not fully addressed by other regulations; and
- The NRC undervalued the safety benefits of maintaining the rule relative to its costs.
NRC’s Response
In the final rule, the NRC reaffirmed that:
- The AIA requirement is not needed to maintain reasonable assurance of adequate protection of public health and safety;
- Existing regulatory requirements continue to require applicants to address aircraft impact hazards both inside (under Part 100) and outside the design basis (under 10 CFR § 50.155) as needed for adequate protection of public health and safety; and
- The rule imposes costs and design constraints that would not justify its safety benefit.
Key Takeaways
First, the sunsetting provision itself is immediately “effective” (as of April 8, 2026), while the AIA requirements will remain in place for at least another year (until April 8, 2027). Following a future notice and comment process, the NRC will determine whether to extend the AIA requirements or remove them from the regulations altogether.
Second, the level of public involvement shows there is strong engagement in, and scrutiny of, the agency’s deregulatory efforts. However, this final rule serves as an example of the Commission’s willingness to undertake significant regulatory reform that achieves an appropriate balance between safety, efficiency, and regulatory burden, consistent with the agency’s updated mission statement as directed by Congress in the ADVANCE Act.
How We Can Help
We will provide additional analysis and guidance as proposed rules are rolled out for public comment periods that may be substantially shorter than has been the practice for the NRC. Please visit our Power & Pipes and Up & Atom energy blogs and our subscriptions page for updates on the US administration’s energy policies, or contact Juliana Israel to be added to our energy and infrastructure distribution list.