G/TBT/N/USA/1896  
15 July 2022  
(22-5415) 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) [1926]  
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 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Irradiated 
products containing byproduct material; Environmental protection (ICS code(s): 13.020); 
Domestic safety  (ICS code(s): 13.120); Radiation protection (ICS code(s): 13.280); 
Protection against dangerous goods (ICS code(s): 13.300)  
5. Title, number of pages and language(s) of the notified document:  Items 
Containing Byproduct Material Incidental to Production; (9 page(s), in English)  
6. Description of content:  Proposed rule and draft guidance; request for comment - The 
U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations by 
adding a new class exemption from licensing and associated dis tribution requirements. 
This new class exemption would create a path for licensing current and future products 
that contain byproduct material incidental to their production. This rulemaking would 
resolve a petition for rulemaking submitted by GE Osmonics,  Inc., that requested changes 
to the regulations to allow distribution of polycarbonate track etched membranes. The 
NRC plans to hold a public meeting to promote full understanding of the proposed rule 
and facilitate public comments.  
7. Objective and rati onale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  G/TBT/N/USA/1896  
 
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  8. Relevant documents:   
87 Federal Register (FR) 38012, 27 June 2022; Title 10 Code of Federal Regulations (CFR) 
Parts 30 and 32:  
https://www.govinfo.gov/content/pkg/FR -2022-06-27/html/2022 -13599.htm  
https://www.govinfo.gov/content/pkg/FR -2022-06-27/pdf/2022 -13599.pdf  
This proposed rule and draft guidance; request for comment is identified by Docket 
Number NRC -2015-0017. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/NRC -2015-0017/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 12 September 2022. Comments received by the USA TBT 
Enquiry Point from WTO Members and thei r stakeholders will be shared with the regulator 
and will also be submitted to the Docket  on Regulations.gov if received within the 
comment period.  
Items Containing Byproduct Materia l Incidental to Production; Regulatory basis; request 
for comment published 2 February 2021 identified by Docket Number NRC-2015-0017: 
https://www.govinfo.gov/content/pkg/FR -2021-02-02/html/2021 -02158.htm  
https://www.govinfo.gov/content/pkg/FR -2021-02-02/pdf/2021 -02158.pdf  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  12 September 2022  
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/2022/TBT/USA/22_469 4_00_e.pdf