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

On this page:

Proposed Rule

Risk-Informed, Technology Inclusive Regulatory Framework for Advanced Reactors

To top of page

Key Documents

NRC Docket NRC-2019-0062.  Includes preliminary proposed rule language, schedule information and stakeholder comments.

To top of page

Abstract

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.

To top of page

Rulemaking Plan and Schedule

Consistent with Section 103 of NEIMA, staff has been engaged in efforts to establish a "Risk Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors" for optional use by applicants for new commercial advanced nuclear reactor licenses by December 31, 2027. The staff presented its proposed plan for this rulemaking to the Commission for approval in SECY-20-0032 dated April 13, 2020. On October 2, 2020 the Commission approved the staff’s proposed approach in the SRM to SECY-20-0032 and directed the staff to assess publishing the final rule by October 2024. On November 2, 2020, the staff provided a response to SRM-SECY-20-0032 outlining a schedule for preparing a rulemaking package that conforms to the Commission’s direction to achieve publication of the final rule by October 2024 and to inform the Commission of key uncertainties impacting publication of the final rule by that date.

To top of page

Extension Request

In October 2021, the NRC staff requested a nine-month extension to the current schedule for Part 53.  The NRC staff requested the extension based on consideration of stakeholder requests for an option for a more traditional, deterministic licensing framework for advanced reactors.  In addition, the NRC staff recognized that more time would support further engagement with stakeholders, including the ACRS, and further iteration on rule language before sending a proposed rule to the Commission.  Several external stakeholder organizations also expressed support for a schedule extension for the proposed rule during public interactions with the NRC staff.  On November 23, 2021, the Commission approved the NRC staff’s extension request.  
 
The Commission approved the extension to (1) provide additional time for the staff to continue efforts to reach alignment with external stakeholders on the scope of the rulemaking and further develop rule language, (2) allow additional time for external stakeholders to participate constructively in the rulemaking process, and (3) ensure better coordination with other NRC advanced reactor activities.

Additional information regarding the extension request can be found in a note to Commissioners' Assistants, "Proposed Revisions to Schedule Milestones for Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors (Part 53) Extension Request." 

To top of page

Key Documents and Documents

Under the approved extension, the NRC staff will provide the Part 53 proposed rule package to the Commission by February 2023 and provide the final rule package, including key guidance, to the Commission by December 2024.  The NRC staff is expecting to issue the Final Rule by July 2025.Additional details related to the schedule and major rulemaking milestones can be found on the NRC’s Rulemaking website.

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

To top of page

Part 53 Preliminary Proposed Rule Development and Stakeholder Engagement

To achieve the goals and objectives stated in the rulemaking plan and SRM, the NRC staff developed and intermittently released preliminary proposed rule language followed by public outreach and dialogue, including ACRS interactions, to ensure openness and transparency. The discussion tables provide the preliminary rule language and also contain a discussion of what the rule intends to accomplish for each section. In May 2022, the NRC staff released the 2nd Iteration of the Consolidated Preliminary Proposed Rule Language for the Part 53 Rulemaking - Framework A. In June 2022, the NRC staff released the 1st iteration of Framework B.

Part 53 Preliminary Proposed Rule Language

U.S. NRC Infographic of a designed roadmap for 10 CFR Part 53 passing through several areas that will need to be addressed labeled as Subparts. Subparts are as follows: Subpart A – General Provisions, Subpart B – Technology Inclusive Safety Requirements, Subpart C – Design and Analysis Requirements, Subpart D – Siting, Subpart E – Construction and Manufacturing, Subpart F – Operations, Subpart G – Decommissioning, Subpart H – Licenses, Certifications, and Approvals, Subpart I – Maintaining and Revising Licensing Basis, and Subpart J Administrative Requirements.

To top of page

Meetings and Presentations

ACRS Meetings
Public Meetings Date
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

To top of page

Page Last Reviewed/Updated Wednesday, June 15, 2022