[Federal Register Volume 90, Number 125 (Wednesday, July 2, 2025)]
[Proposed Rules]
[Pages 28911-28913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12397]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 125 / Wednesday, July 2, 2025 /
Proposed Rules
[[Page 28911]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 52
[NRC-2025-0018]
RIN 3150-AL26
Revising the Duration of Design Certifications
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations to revise the duration of design certifications
(DCs). Specifically, this proposed rule would replace the 15-year
duration for DCs with a 40-year duration period, both for existing DCs
currently in effect and generically for future DCs, including renewals.
This proposed rule would not change the date of issuance or renewal for
existing DCs (i.e., the start date by which an existing DC may be
referenced would remain unchanged). The proposed rule would also
incorporate a minor editorial correction.
DATES: Submit comments on the proposed rule by August 1, 2025. Comments
received after this date will be considered if it is practical to do
so, but the NRC is able to ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments by any of the following; however,
the NRC encourages electronic comment submission through the Federal
rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0018. Address
questions about NRC dockets to Helen Chang; telephone: 301-415-3228;
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal
workdays; telephone: 301-415-1677.
You can read a plain language description of this proposed rule at
https://www.regulations.gov/docket/NRC-2025-0018. For additional
direction on obtaining information and submitting comments, see
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Daniel Doyle, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-3748, email:
[email protected]; or Jordan Glisan, Office of Nuclear Reactor
Regulation, telephone: 301-415-3478, email: [email protected]. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Plain Writing
VI. Paperwork Reduction Act
VII. Regulatory Planning and Review (Executive Order 12866)
VIII. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-0018 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-2025-0018.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section of this document.
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.
Technical Library: The Technical Library, which is located
at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland
20852, is open by appointment only. Interested parties may make
appointments to examine documents by contacting the NRC Technical
Library by email at [email protected] between 8 a.m. and 4 p.m.
eastern time, Monday through Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2025-0018 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission.
[[Page 28912]]
Your request should state that the NRC does not routinely edit comment
submissions to remove such information before making the comment
submissions available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently with a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on September 15,
2025. However, if the NRC receives significant adverse comments by
August 1, 2025, then the NRC will publish a document that withdraws the
direct final rule. If the direct final rule is withdrawn, the NRC will
address the comments in a subsequent final rule or as otherwise
appropriate. Absent significant modifications to the proposed revisions
requiring republication, the NRC will not initiate a second comment
period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule.
For the specific proposed changes to the NRC's regulations and
additional discussion and associated analyses (including the regulatory
analysis, environmental assessment, and finding of no significant
impact), see the direct final rule published in the Rules and
Regulations section of this issue of the Federal Register and at
https://www.regulations.gov under Docket ID NRC-2025-0018.
III. Background
A standard design certification, also referred to simply as a
design certification (DC), is a Commission approval by regulation of a
final standard design for a nuclear power facility. A DC is codified
via rulemaking and is independent of a specific site or an application
to construct or operate a plant. An application to construct or operate
a plant may reference a DC to take advantage of reviews previously
completed by the NRC, though such an application must still address
certain site-specific matters. The NRC's regulations governing DCs are
codified in part 52 of title 10 of the Code of Federal Regulations (10
CFR), Subpart B, ``Standard Design Certifications,'' and specific DCs
are published as appendices to part 52.
In this proposed rule, the NRC would amend its regulations to
revise the duration of DCs, as approved by the Commission in Staff
Requirements Memorandum (SRM)-COMDAW-24-0001, ``Revising the Duration
of Design Certifications,'' dated November 14, 2024. Specifically, this
proposed rule would replace the 15-year duration period for initial DCs
and renewals with a 40-year duration period, both generically and for
each DC currently in effect. For DCs currently in effect, the
respective date of issuance or renewal (i.e., the start date by which a
DC may be referenced) would remain unchanged by this proposed rule.
Otherwise stated, the 40-year duration period would start upon the date
of issuance or renewal of the DC.
Five DCs are currently in effect: appendix A to 10 CFR part 52,
``Design Certification Rule for the U.S. Advanced Boiling Water
Reactor,'' appendix D to 10 CFR part 52, ``Design Certification Rule
for the AP1000 Design,'' appendix E to 10 CFR part 52, ``Design
Certification Rule for the ESBWR Design,'' appendix F to 10 CFR part
52, ``Design Certification Rule for the APR1400 Design,'' and appendix
G to 10 CFR part 52, ``Design Certification Rule for NuScale.'' Two DCs
have expired because no timely renewal applications were submitted in
accordance with Sec. 52.57, ``Application for renewal.'' These are
appendix B to 10 CFR part 52, ``Design Certification Rule for the
System 80 + Design,'' and appendix C to 10 CFR part 52, ``Design
Certification Rule for the AP600 Design.'' Accordingly, this direct
final rule applies to the five DCs currently in effect and does not
apply to the two expired DCs.
IV. Discussion
The NRC is proposing to amend its regulations to revise the
duration of DCs by replacing the 15-year duration for initial DCs and
renewals with a 40-year duration period, both generically and for each
DC currently in effect, as approved by the Commission in SRM-COMDAW-24-
0001, ``Revising the Duration of Design Certifications.''\1\ The NRC is
proposing to revise these regulations based on lessons learned from
carrying out the DC renewal process. These amendments would reduce
unnecessary regulatory burden on applicants and save NRC resources
without any reduction in safety or security.
As discussed in the 1989 final rule promulgating 10 CFR part 52,
the 15-year duration for DCs was originally intended to allow actual
operating experience with a given design to accumulate before the DC
either expires or becomes eligible for renewal (54 FR 15372; April 18,
1989). However, experience has shown that the current 15-year
certification period does not allow for sufficient time for such
operating experience to accumulate prior to a DC either expiring or
needing to be renewed to remain effective. In this situation, both the
DC renewal applicant and the NRC expend resources involved with the
submittal and review of a DC renewal application that does not reflect
additional insights derived from the DC being referenced in the
licensing context.
In addition, other existing regulations will continue to ensure
that codified DCs and the plants referencing them meet safety and
security requirements. With respect to generic changes to DC rules, the
Commission has existing criteria under Sec. 52.63(a)(1) for
determining when it may modify, rescind, or impose new requirements on
the certification information for a previously certified design. For
example, one way the Commission may make changes to a DC rule is where
the change is ``necessary to provide adequate protection of the public
health and safety or the common defense and security'' (10 CFR
52.63(a)(1)(ii)). The Commission may change a DC rule either on its own
motion or in response to a petition for rulemaking from any person,
including design vendors, and such changes will provide for notice and
opportunity for public comment (10 CFR 52.63(a)(2)(ii)). For potential
plant-specific safety or security issues, the Commission may use plant-
specific orders, subject to applicable issue finality provisions (e.g.,
Sec. 52.63(a)(4) for Tier 1 information). In addition,
[[Page 28913]]
licensees and applicants who reference a DC may also address potential
safety or security concerns using the departure process described in
the associated DC rule. That is, all DC rules are codified in
appendices to part 52 and are structured such that Section VIII of the
associated DC rule appendix prescribes an appropriate process for
evaluating potential departures from the DC rule, including via a
request for a license amendment or exemption. If NRC approval is
required, the NRC would evaluate the request using its typical
processes.
Accordingly, the change in duration for DCs would provide more time
for a design to be referenced in a license application and more time
for the design vendor to accumulate construction and actual operating
experience before a design vendor would need to submit a renewal
application. In addition, it would reduce unnecessary burdens with no
reduction in safety or security. Therefore, the NRC is proposing to
amend its regulations to change the DC duration to 40 years generically
in Sec. Sec. 52.55, 52.57, and 52.61 as well as for DCs currently in
effect in the applicable appendices to 10 CFR part 52.
V. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VI. Paperwork Reduction Act
This proposed rule does not contain any new or amended collections
of information subject to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Existing collections of information were approved
by the Office of Management and Budget (OMB), approval number 3150-
0151.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
VII. Regulatory Planning and Review (Executive Order 12866)
Executive Order (E.O.) 12866, as amended by E.O. 14215, provides
that the Office of Information and Regulatory Affairs (OIRA) will
determine whether a regulatory action is significant as defined by E.O.
12866 and will review significant regulatory actions. OIRA determined
that this proposed rule is a significant regulatory action under E.O.
12866.
VIII. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
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ADAMS accession No./
Document Federal Register citation
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Environmental Assessment and Finding of No ML25049A031
Significant Impact by the U.S. Nuclear
Regulatory Commission Relating to Revising
the Duration of Design Certifications,
dated May 2025.
SRM-COMDAW-24-0001, ``Revising the Duration ML24319A209
of Design Certifications,'' dated November
14, 2024.
Federal Register notice--Final Rule, ``Early 54 FR 15372
Site Permits; Standard Design
Certifications; and Combined Licenses for
Nuclear Power Reactors,'' dated April 18,
1989.
Federal Register notice--Final Rule, 72 FR 49352
``Licenses, Certifications, and Approvals
for Nuclear Power Plants,'' dated August
28, 2007.
Presidential Memorandum, ``Plain Language in 63 FR 31885
Government Writing,'' published June 10,
1998.
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The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2025-0018.
Endnotes
\1\ For Appendix D to Part 52, ``Design Certification Rule for
the AP1000 Design,'' this rule would replace the 20-year duration
(rather than 15-year duration) with a 40-year duration period. The
initial duration period was previously extended from 15 years to 20
years for the AP1000 design by direct final rule (86 FR 52593;
September 22, 2021).
List of Subjects in 10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Inspection, Issue
finality, Limited work authorization, Manufacturing license, Nuclear
power plants and reactors, Probabilistic risk assessment, Prototype,
Reactor siting criteria, Redress of site, Penalties, Reporting and
recordkeeping requirements, Standard design, Standard design
certification.
Dated: June 30, 2025.
For the Nuclear Regulatory Commission.
Michael King,
Acting Executive Director for Operations.
[FR Doc. 2025-12397 Filed 7-1-25; 8:45 am]
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