G/TBT/N/USA/1974  
15 March 2023  
(23-1890) 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) [2005]  
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]: To incorporate by reference into the NRC's regulations the latest revisions of 
three regulatory guides (RGs) (currently in draft form for comment).  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provid ed in addition, where applicable):  Nuclear 
power plant components; Environmental protection (ICS code(s): 13.020); Nuclear 
energy engineering (ICS code(s): 27.120)  
5. Title, number of pages and language(s) of the notified document:  American 
Society of Mec hanical Engineers Code Cases and Update Frequency; (19 page(s), in 
English)  
6. Description of content:  Proposed rule - The U.S. Nuclear Regulatory Commission (NRC) 
is proposing to amend its regulations to incorporate by reference proposed revisions of 
three regulatory guides , which would approve new, revised, and reaffirmed code cases 
published by the American Society of Mechanical Engineers . This proposed action would 
allow nuclear power plant licensees and applicants for construction permits, operating 
licenses, combined licenses, standard design certifications, standard design approv als, 
and manufacturing licenses to use the code cases listed in these draft regulatory guides 
as voluntary alternatives to engineering standards for the construction, inservice 
inspection, and inservice testing of nuclear power plant components. The NRC is  
requesting comments on this proposed rule and on the draft versions of the three 
regulatory guides proposed to be incorporated by reference. The NRC also is making 
available a related draft regulatory guide that lists code cases that the NRC has not 
appro ved for use. This draft regulatory guide will not be incorporated by reference into 
the NRC's regulations. In addition, this rulemaking proposes to extend the time periods 
required for licensees to update their codes of record.  
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/1974  
 
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  8. Relevant documents:   
88 Federal Register (FR) 13717, 6 March 2023; Title 10 Code of Federal Regulations (CFR) 
Part 50:  
https://www.govinfo.gov/content/pkg/FR -2023-03-06/html/2023 -03742.htm  
https://www.govin fo.gov/content/pkg/FR -2023-03-06/pdf/2023 -03742.pdf  
American Society of Mechanical Engineers Code Cases and Update Frequency; Correction 
published 14 March 2023:  
https://www.govinfo.gov/content/pkg/FR -2023-03-14/html/2023 -05200.htm  
https://www.govin fo.gov/content/pkg/FR -2023-03-14/pdf/2023 -05200.pdf  
This proposed rule is identified by Docket Number NRC -2018-0291. The Docket Folder is 
available on Regulations.gov at https://www. regulations.gov/docket/NRC -2018-
0291/document  and provides access to primary 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 . Comments received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders by 4pm Eastern Time  on 5 May 2023 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:  5 May 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_1973_00_e.pdf