March 18, 2026

NRC’s Proposed Regulatory Framework for Fusion Machines Reaffirms Existing Export Control Rules

Timothy Cox, Jahna Hartwig Wilson Sonsini Goodrich & Rosati + Follow Contact LinkedIn Facebook X Send Embed

The Nuclear Regulatory Commission (NRC) is proposing numerous revisions to its controls on byproduct material produced by fusion machines. While the primary focus of the proposed rule is the regulatory framework for domestic licensing of the possession, use, and production of byproduct material associated with fusion machines, the proposed rule also includes changes to the definitions of “byproduct material” and “particle accelerator” in the NRC Export Control Regulations (Part 110).

The proposed rule modifies the definition of “byproduct material” to include any material that has been made radioactive by use of a “fusion machine,” which is defined to be a machine that is capable of: 1) transforming atomic nuclei, through fusion processes, into different elements, isotopes, or other particles; and 2) directly capturing and using the resultant products, including particles, heat, or other electromagnetic radiation.

This expansion of the byproduct material definition is intended to ensure that fusion machines are regulated in the U.S. based on the radioactive materials produced, regardless of which technology is used to irradiate the materials. According to the NRC, this is a “technology-inclusive,” “risk-informed approach,” that is appropriate for rapidly evolving, diverse nuclear fusion technologies (e.g., tokamak, stellarator, z-pinch, field reverse, etc.).

None of the proposed changes would impact export controls on the fusion machines themselves. Today, fusion machines are generally subject to the U.S. Commerce Department’s Export Administration Regulations (EAR), which regulates commercial and dual-use items that are not subject to Part 110 or other, industry-specific export control regimes such as the International Traffic in Arms Regulations (ITAR). For example, particle accelerators are listed on the EAR Commerce Control List and controlled for export to a small handful of countries for regional stability and anti-terrorism reasons.

The NRC confirmed that control by the Commerce Department under the EAR remains appropriate for fusion machines, noting that:

Nuclear-related items that do not require IAEA safeguards are generally controlled by the Department of Commerce (DOC). Since fusion machines do not use or produce nuclear material, they do not require the application of IAEA safeguards. Accordingly, the DOC, rather than the NRC, currently controls the export of fusion machines…

The NRC also notes that this is also consistent with international frameworks and commitments, as the Nuclear Suppliers Group Guidelines (INFCIRC/254/Part 1) explicitly excludes “fusion reactors” from the scope of its export controls. The proposed rule suggests that the NRC could revise its approach if in the future “the United States, in conjunction with the international export control community, as well as the IAEA, determine that fusion machines may warrant additional export controls and safeguards.”

Although the NRC confirmed it was not making changes to its export control rules in proposing its revisions, it nevertheless is requesting comments on whether the NRC should propose export controls for fusion machines. Interested parties have until May 27, 2026, to submit comments. Also, the NRC will host at least one public meeting to answer question on the proposed revisions. The date, time, location, and agenda will be posted at on the NRC’s public meeting website at https://www.nrc.gov/public-involve/public-meetings/index.cfm.

Send Print Report

Related Posts

• CFTC Turns Up the Spotlight on Prediction Markets
• USPTO Appeals Review Panel Addresses Obviousness-Type Double Patenting
• SEC Issues Exemptive Order for Section 16 Reports by Directors and Officers of Certain FPIs; Staff Issues New Guidance

Latest Posts

• New AI Terms and Conditions Coming Soon to GSA MAS Contracts
• NRC’s Proposed Regulatory Framework for Fusion Machines Reaffirms Existing Export Control Rules See more »

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
Attorney Advertising.

©
Wilson Sonsini Goodrich & Rosati

Written by:

Wilson Sonsini Goodrich & Rosati Contact + Follow Timothy Cox + Follow Jahna Hartwig + Follow more less

PUBLISH YOUR CONTENT ON JD SUPRA

• ✔ Increased readership
• ✔ Actionable analytics
• ✔ Ongoing writing guidance Join more than 70,000 authors publishing their insights on JD Supra

Start Publishing »

Published In:

Comment Period + Follow Energy Sector + Follow Export Administration Regulations (EAR) + Follow Export Controls + Follow International Trade + Follow Notice of Proposed Rulemaking (NOPR) + Follow Nuclear Power + Follow Nuclear Regulatory Commission + Follow Proposed Rules + Follow U.S. Commerce Department + Follow Administrative Agency + Follow Energy & Utilities + Follow International Trade + Follow more less

Wilson Sonsini Goodrich & Rosati on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Sign Up Log in ** By using the service, you signify your acceptance of JD Supra's Privacy Policy.* - hide - hide