Part 53 – Risk Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors

10 CFR Part 53 image: cover of bound copy of Title 10 of the Code of Federal Regulations

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Proposed Rule and Schedule

On March 1, 2023, The NRC staff provided the draft proposed Part 53 rulemaking package, SECY-23-0021: Proposed Rule: Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors, to the Commission requesting approval to publish the proposed rule in the Federal Register.  The NRC staff recommended the addition of 10 CFR Part 53, "Risk-Informed, Technology-Inclusive Regulatory Framework for Commercial Nuclear Plants," (Part 53).

On March 4, 2024, the Commission issued SRM-SECY-23-0021, approving, in part, the NRC staff’s draft proposed rule with exceptions and clarifications to be addressed before publishing the proposed rule in the Federal Register for public comment. The proposed rule would offer a voluntary, performance-based alternative regulatory framework for licensing future commercial nuclear plants. In the context of this proposed rulemaking, future commercial nuclear plants, including non-light-water reactors (non-LWRs) and LWRs, would have the option to be licensed under Part 53.

The staff implemented the changes directed by the Commission and the revised proposed rule was published in the Federal Register for public comment on October 31, 2024.  The NRC extended the original 60-day public comment period by an additional 60 days.  The public comment period now closes on February 28, 2025.  

The NRC staff expects to provide the draft final rule package, including key guidance, to the Commission by May 1, 2026, and issue the Final Rule no later than the end of 2027, in accordance with the Nuclear Energy Innovation and Modernization Act. Additional details related to the schedule and major rulemaking milestones can be found on the NRC's Rulemaking website.

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Key Documents

Key documents related to the Part 53 rulemaking, including the proposed rule, associated draft guidance documents, and stakeholder draft guidance comments, can be found at Regulations.gov under Docket ID NRC-2019-0062.

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Overview

The NRC proposes to establish an optional technology-inclusive regulatory framework for use by applicants for new commercial advanced nuclear reactors. The regulatory requirements developed in this rulemaking would use methods of evaluation, including risk-informed and performance-based methods, that are flexible and practicable for application to a variety of advanced reactor technologies. The proposed rule accommodates all reactor technologies and includes self-contained licensing framework featuring a probabilistic risk assessment (PRA)-led approach that aligns with the U.S. Department of Energy cost-shared, industry-led Licensing Modernization Project (LMP) methodology.

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Part 53 Proposed Rule Stakeholder Engagement

On November 19, 20, and 21, 2024, the NRC held a multi-day public meeting on the Part 53 proposed rule.   During this meeting, the NRC staff provided an overview of the proposed rule, addressed stakeholder questions, and communicated the methods available to submit public comments. The staff plans to hold a second public meeting on the Part 53 proposed rule in early January 2025. In addition, the NRC staff hosted 24 public meetings with external stakeholders and participated in 16 ACRS meetings on the Part 53 draft proposed rule development before the rule was published for public comment.

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Meetings and Presentations

ACRS Meetings
Public Meetings Date
Public Meeting to Discuss the Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Proposed Rule November 19, 20, & 21, 2024 

Periodic Advanced Reactor Stakeholder Meeting – Part 53 Status and Draft Guidance Supporting Subpart F (staffing plans, operator licensing, human factors engineering)

October 12, 2022

Periodic Advanced Reactor Stakeholder Meeting – Part 53 Status and Draft Guidance Supporting Subpart F (staffing plans, operator licensing, human factors engineering)

August 18, 2022
Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Part 53 Framework B and Alternate Evaluation for Risk Insights (AERI) Approach July 28, 2022

Periodic Advanced Reactor Stakeholder Meeting – Stakeholder Perspectives on Part 53 Framework A, Framework B, and NRC Stakeholder Engagement Process and Part 53 Subpart F

June 30, 2022
Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Part 53 Framework B and Alternate Evaluation for Risk Insights (AERI) Approach June 16, 2022
Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Part 53 Framework A and Related Changes to Part 26 and Part 73 May 25, 2022

Periodic Advanced Reactor Stakeholder Meeting – Part 53 Framework B Development and Integration and Overview of Guidance Supporting Part 53

May 11, 2022
Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Discussion of Key Topics Identified in Preparing the Rulemaking Package March 29, 2022

Periodic Advanced Reactor Stakeholder Meeting - Traditional, Technology-Inclusive, and Risk-Informed ​Framework Option in Part 53

March 16, 2022
Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Overview of Part 53 Preliminary Proposed Rule Language February 8, 2022
Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – 10 CFR Part 26, Fitness for Duty Programs January 6, 2022

Periodic Advanced Reactor Stakeholder Meeting - Technology-Inclusive, Risk-Informed Maximum Accident (TI-RI-MA) Approach – An Alternative to Probabilistic Risk Assessment

November 10, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Technology-Inclusive Alternative Requirements and Other Topics Related to Part 53

October 28, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart F, Sections Related to Staffing, Training, Personnel Qualifications, and Human Factors and Other Topics Related to Part 53

October 26, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart I and Other Topics Related to Part 53

September 15, 2021

Periodic Advanced Reactor Stakeholder Meeting - Role and Use of Probabilistic Risk Assessment (PRA) in Support of Advanced Reactor Licensing

August 26, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart F and 10 CFR Part 73 Emergency Preparedness and Security

June 10, 2021
Periodic Advanced Reactor Stakeholder Meeting - Graded Probabilistic Risk Assessment (PRA) Approach for Advanced Reactors May 27, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subparts A and F

May 6, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subparts B and C, Subpart E

April 8, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart D

February 4, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subparts C and F (Facility Safety Program only)

January 7, 2021

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart B

November 18, 2020

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – White Paper

September 22, 2020

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Page Last Reviewed/Updated Thursday, December 5, 2024