G/TBT/N/USA/2045  
12 September 2023  
(23-6021) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
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 Commissi on (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 l icensing 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 ba sis. 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  G/TBT/N/USA/2045  
 
- 2 - 
 
  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 searchi ng 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 M embers 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/U SA/23_12277_00_e.pdf