G/TBT/N/USA/2056  
13 October 2023  
(23-6906) 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) [2087]  
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]: On 14 January 2019, the President signed into law the Nuclear Energy 
Innovation and Modernization Act (NEIMA), Public Law 115 -439, 132 Stat. 5565. Among 
other things, NEIMA directs the NRC to develop and establish, by 31 December 20 27, a 
regulatory framework for fusion reactors. The NRC is developing preliminary proposed 
rule language to provide for the licensing and oversight of the broad array of fusion 
systems currently under development.  
4. Products covered (HS or CCCN where app licable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Fusion 
systems; Standardization. General rules (ICS code(s): 01.120); Nuclear energy 
engineering (ICS code(s): 27.120)  
5. Title, number of pages and la nguage(s) of the notified document:  Regulatory 
Framework for Fusion Systems; (2 page(s), in English)  
6. Description of content:  Availability of preliminary proposed rule language; public 
meeting - The U.S. Nuclear Regulatory Commission (NRC) is considerin g amending its 
byproduct material regulations to establish a regulatory framework for fusion systems. 
The NRC is making available preliminary proposed rule language for a limited -scope, 
technology -inclusive framework that will be added to NRC's regulations  in the Code of 
Federal Regulations. The NRC plans to hold public meetings in October and November 
2023, to promote understanding of the preliminary proposed rule and facilitate 
transparency in its public rulemaking process.  
The NRC plans to hold a series of public meetings on 11 October 2023, 1 November 2023, 
and 9 November 2023. See Section II, "Preliminary Proposed Rule Language and Public 
Meetings," of this document for more information on the meetings.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  
8. Relevant documents:   G/TBT/N/USA/2056  
 
- 2 - 
 
  88 Federal Register (FR) 68506, 12 October 2023; Title 10 Code of Federal Regulations  
(CFR) Parts 20, 30, and 51: 
https://www.govinfo.gov/content/pkg/FR -2023-10-04/html/2023 -21988.htm  
https://www.govinfo .gov/content/pkg/FR -2023-10-04/pdf/2023 -21988.pdf  
This availability of preliminary proposed rule language; public meeting announcement is 
identified by Docket Number NRC -2023-0071. The Docket Folder is available on 
Regul ations.gov at https://www.regulations.gov/docket/NRC -2023-0071/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.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  Not Applicable  
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_12997_00_e.pdf