[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Proposed Rules]
[Pages 68506-68507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21988]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20, 30, and 51

[NRC-2023-0071]
RIN 3150-AL00


Regulatory Framework for Fusion Systems

AGENCY: Nuclear Regulatory Commission.

ACTION: Availability of preliminary proposed rule language; public 
meeting.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
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.

DATES: The NRC plans to hold a series of public meetings on October 11, 
2023, November 1, 2023, and November 9, 2023. See Section II, 
``Preliminary Proposed Rule Language and Public Meetings,'' of this 
document for more information on the meetings.

ADDRESSES: Please refer to Docket ID Docket ID NRC-2023-0071 when 
contacting the NRC about the availability of information for this 
action. You may obtain publicly available information related to this 
action by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0071. Address 
questions about NRC Docket IDs to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical questions, contact the 
individuals listed in the For Further Information Contact section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly

[[Page 68507]]

available documents online in the ADAMS Public Documents collection at 
https://www.nrc.gov/reading-rm/adams.html. To begin the search, select 
``Begin Web-based ADAMS Search.'' For problems with ADAMS, please 
contact the NRC's Public Document Room (PDR) reference staff at 1-800-
397-4209, at 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Dennis Andrukat, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-3561, email: 
[email protected], and Duncan White, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-2598, email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 14, 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 December 31, 2027, a regulatory framework for fusion 
reactors.
    In response to NEIMA and the continued development of fusion 
technologies, the Commission directed the NRC staff to proceed with a 
limited scope rulemaking in a staff requirements memorandum (SRM) dated 
April 13, 2023, SRM-SECY-23-0001 (ADAMS Accession No. ML23103A449), 
associated with SECY-23-0001, ``Options for Licensing and Regulating 
Fusion Energy Systems,'' dated January 3, 2023 (ADAMS Accession No. 
ML22273A163). The NRC is proposing to amend its regulations at part 30, 
``Rules of General Applicability to Domestic Licensing of Byproduct 
Material,'' in title 10 of the Code of Federal Regulations (10 CFR) to 
implement a regulatory framework for fusion systems. The NRC also is 
proposing similar changes to its regulations at 10 CFR part 20, 
``Standards for Protection Against Radiation,'' and part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.''

II. Preliminary Proposed Rule Language and Public Meetings

    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. The proposed rule would amend 10 CFR parts 
20, 30, and 51. The scope of this rulemaking is to augment NRC's 
byproduct material framework to address licensing requirements for 
fusion systems that may be deployed in the near-term. The NRC will 
propose appropriate fusion-related definitions, requirements for the 
content of a licensing application, and other appropriate requirements.
    The current preliminary proposed rule language is available on the 
Federal rulemaking website at https://www.regulations.gov under Docket 
ID NRC-2023-0071. The ADAMS accession number for the current 
preliminary proposed rule text is ML23258A145. This preliminary 
proposed rule language is draft and may be incomplete in one or more 
respects; however, the NRC welcomes discussion with stakeholders at the 
public meetings to inform the NRC's rulemaking activity. The NRC may 
release additional preliminary proposed rule language throughout the 
development of the proposed rule.
    The NRC plans to hold public meetings on October 11, 2023, November 
1, 2023, and November 9, 2023. The meetings are noticed in the NRC's 
Public Meeting Notice System. The NRC is providing preliminary proposed 
rule language to increase transparency and to facilitate discussions 
with stakeholders on the regulatory framework for fusion systems. 
Please monitor the NRC's Public Meeting Notice System website at 
https://www.nrc.gov/pmns/mtg as the NRC may post materials for the 
public meetings at any time before to the start of each public meeting.
    The NRC will post materials related to this rulemaking on the 
Federal rulemaking website at https://www.regulations.gov under Docket 
ID NRC-2023-0071. Please monitor the docket on https://www.regulations.gov and use the following information to sign up for 
docket alerts. The Federal rulemaking website allows you to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2023-0071); (2) click 
the ``Sign up for Email Alerts'' link; and (3) enter your email address 
and select how frequently you would like to receive emails (daily, 
weekly, or monthly).

     Dated: September 29, 2023.

    For the Nuclear Regulatory Commission.
Dafna E. Silberfeld,
Acting Director, Division of Rulemaking, Environmental, and Financial 
Support, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-21988 Filed 10-3-23; 8:45 am]
BILLING CODE 7590-01-P