1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Nuclear Regulatory Commission (NRC) [2076]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other [X]: Request for comments on a regulatory basis to support a rulemaking that would amend the NRC's regulations to facilitate the use of light-water reactor fuel containing uranium enriched to greater than 5.0 weight percent uranium-235 (U-235).

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Fuel designs for light-water reactors; Special wastes (ICS code(s): 13.030.30); Radiation protection (ICS code(s): 13.280); Nuclear power plants. Safety (ICS code(s): 27.120.20); Fissile materials and nuclear fuel technology (ICS code(s): 27.120.30); Barrels. Drums. Canisters (ICS code(s): 55.140)

5.

Title, number of pages and language(s) of the notified document: Increased Enrichment of Conventional and Accident Tolerant Fuel Designs for Light-Water Reactors; (3 page(s), in English)

6.

Description of content: Regulatory basis; request for comment by 22 November 2023 - The U.S. Nuclear Regulatory Commission (NRC) is requesting comments on a regulatory basis to support a rulemaking to amend the NRC's regulations related to the use of conventional and accident tolerant light-water reactor fuel designs. The NRC's goal is to establish effective and efficient licensing of applications using fuels enriched to greater than 5.0 and less than 20.0 weight percent uranium-235. The NRC will hold a public meeting to promote a full understanding of the planned rulemaking and facilitate public comment on the regulatory basis.

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of human health or safety; Protection of the environment

8.

Relevant documents:

88 Federal Register (FR) 61986, 8 September 2023; Title 10 Code of Federal Regulations (CFR) Parts 50, 51, and 71:

https://www.govinfo.gov/content/pkg/FR-2023-09-08/html/2023-19452.htm

https://www.govinfo.gov/content/pkg/FR-2023-09-08/pdf/2023-19452.pdf

This regulatory basis; request for comment is identified by Docket Number NRC-2020-0034. The Docket Folder is available from Regulations.gov at https://www.regulations.gov/docket/NRC-2020-0034/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 22 November 2023. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 22 November 2023

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2023/TBT/USA/23_12277_00_e.pdf