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Code · REGISTER · 2025-07-02 · PROPOSED RULES · Unknown

Unknown. Direct final rule

6,030 words·~27 min read·/register/2025/07/02/2025-12396·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2025-07-02.xml --- 90 125 Wednesday, July 2, 2025 Contents Editorial Note: The Department of Commerce notice, FR Document 2025-12272, at 90 FR 28717, published in the printed version of the **Federal Register** for Tuesday, July 1, 2025, was inadvertently omitted from the Table of Contents of the **Federal Register.** Antitrust Division Antitrust Division NOTICES Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.:
United States v. Safran S.A., et al., 29033-29047 2025-12329 Fiscal Bureau of the Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Disposition of Retirement Plan and/or Individual Retirement Bonds without Administration of Deceased Owner's Estate, 29104 2025-12356 Claim for United States Savings Bonds Not Received, 29103-29104 2025-12358 Regulations Governing U.S. Treasury Securities—State and Local Government Series, 29104-29105 2025-12357 Request by Owner or Person Entitled to Payment or Reissue of United States Savings Bonds/Notes Deposited in Safekeeping When Original Custody Receipts Are Not Available, 29103 2025-12355 States Where Licensed for Surety, 29105 2025-12354 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs:
Calendar Year 2026 Home Health Prospective Payment System Rate Update; Requirements for the HH Quality Reporting Program and the HH Value-Based Purchasing Expanded Model; Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Competitive Bidding Program Updates; DMEPOS Accreditation Requirements; Provider Enrollment; and Other Medicare and Medicaid Policies, 29108-29339 2025-12347 Medicare Program: End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals with Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, and End-Stage Renal Disease Treatment Choices Model, 29342-29391 2025-12368 Coast Guard Coast Guard RULES Safety Zone:
Laguna Madre, South Padre Island, TX, 28901-28903 2025-12366 Recurring Safety Zones in Captain of the Port Northern Great Lakes Zone, 28903-28904 2025-12335 Special Local Regulation: Beaufort Water Festival and Beaufort Water Festival Air Show, Beaufort, SC, 28901 2025-12331 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration Economic Development Economic Development Administration RULES Elimination of Supplementary Grant Regulation, 28878-28879 2025-12312 Employment and Training Employment and Training Administration PROPOSED RULES Prohibiting Illegal Discrimination in Registered Apprenticeship Programs, 28947-28976 2025-12317 Recission of Final Rule:
Improving Protections for Workers in Temporary Agricultural Employment in the United States, 28919-28946 2025-12315 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Standards: Manufactured Housing, 28873-28878 2025-12328 Environmental Protection Environmental Protection Agency RULES National Volatile Organic Compound Emission Standards for Aerosol Coatings, 28904-28909 2025-12323 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Risk of Injury to Health and the Environment under TSCA, 29005-29006 2025-12325 Application for Emergency Exemption: Isocycloseram, 29007 2025-12348 Cancellation Order for Certain Pesticide Registrations and/or Amendments to Terminate Uses, 29003-29005 2025-12324 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 28885-28889 2025-12377 Airbus Helicopters Deutschland GmbH Helicopters, 28879-28882 2025-12388 Safran Helicopter Engines, S.A.
(Type Certificate Previously Held by Turbomeca, S.A.) Engines, 28882-28885 2025-12332 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 28913-28916 2025-12370 Bombardier, Inc., Airplanes, 28916-28918 2025-12369 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29007-29009 2025-12398 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 29009 2025-12393 Federal Deposit Federal Deposit Insurance Corporation NOTICES Hearings, Meetings, Proceedings, etc.;
Cancellation, 29010 2025-12327 Updated Listing of Financial Institutions in Liquidation, 29010 2025-12350 Federal Energy Federal Energy Regulatory Commission RULES Critical Infrastructure Protection Reliability Standard: Cyber Security—Internal Network Security Monitoring, 28889-28899 2025-12309 NOTICES Combined Filings, 28998-29002 2025-12333 2025-12336 2025-12338 Environmental Assessments; Availability, etc.: Northwest Pipeline LLC, Kemmerer Horsepower Replacement Project, 29002-29003 2025-12334 Preliminary Determination of a Qualifying Conduit Hydropower Facility:
Claiborne Hydroelectric, LLC, 29003 2025-12337 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in California, 29102-29103 2025-12320 Federal Procurement Federal Procurement Policy Office NOTICES Hearings, Meetings, Proceedings, etc.: Cost Accounting Standards Board, 29048-29049 2025-12292 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 29010-29011 2025-12384 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 29011 2025-12376 Fish Fish and Wildlife Service NOTICES Hearings, Meetings, Proceedings, etc.:
Hunting and Wildlife Conservation Council, 29032-29033 2025-12385 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agreement for Shipment of Devices for Sterilization, 29022-29024 2025-12306 Environmental Impact Considerations, 29011-29014 2025-12307 Mitigation Strategies to Protect Food against Intentional Adulteration, 29025-29027 2025-12308 Guidance: Myelodysplastic Syndromes: Developing Drug and Biological Products for Treatment, 29014-29015 2025-12297 Patent Extension Regulatory Review Period:
Chocolate Touch (Paclitaxel Drug Coated PTA Balloon Catheter), 29020-29022 2025-12340 Elrexfio; Correction, 29022 2025-12343 Livdelzi, 29015-29017 2025-12345 Rebyota, 29024-29025 2025-12342 Total Posterior Spine System, 29017-29018 2025-12339 Winrevair, 29018-29020 2025-12341 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Rescission of Office of the Assistant Secretary for Public and Indian Housing;
Voter Registration Notice, 29032 2025-12298 Industry Industry and Security Bureau NOTICES Hearings, Meetings, Proceedings, etc.: Sensors and Instrumentation Technical Advisory Committee, 28993 2025-12379 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service PROPOSED RULES Regulations under Section 382(h) Related to Built-In Gain and Loss; Withdrawal, 28946-28947 2025-12193 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Active Anode Material from the People's Republic of China, 28994-28995 2025-12374 Small Diameter Graphite Electrodes from the People's Republic of China, 28996-28997 2025-12372 Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China, 28995-28998 2025-12371 2025-12373 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigration Practitioner/Organization Complaint Form, 29047-29048 2025-12291 Labor Department Labor Department See Employment and Training Administration See Wage and Hour Division PROPOSED RULES Statements of General Policy or Interpretation Not Directly Related to Regulations, 28985-28992 2025-12314 Management Management and Budget Office See Federal Procurement Policy Office National Credit National Credit Union Administration NOTICES Guidance:
Referrals for Potential Criminal Enforcement, 29049 2025-12330 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standard: Child Restraint Systems—Side Impact Protection, 28909-28910 2025-12311 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 29027-29028, 29030-29031 2025-12378 2025-12382 Licenses; Exemptions, Applications, Amendments, etc.: Government-Owned Inventions, 29029-29030 2025-12391 Prospective Grant of Exclusive, Inter-Institutional Agreement-Institution Lead Generation of Antigen-Specific T and B Cells Using Engineered Commensals, 29028-29029 2025-12381 National Science National Science Foundation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Breakthrough Innovations Initiative Application, 29050-29051 2025-12375 Small Business Innovation Research/Small Business Technology Transfer Pre-Award Information Collection, 29049-29050 2025-12392 Nuclear Regulatory Nuclear Regulatory Commission RULES Revising the Duration of Design Certifications, 28869-28873 2025-12396 PROPOSED RULES Revising the Duration of Design Certifications, 28911-28913 2025-12397 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Exemptions and Continued Regulatory Authority in Agreement States and in Offshore Waters under Section 274, 29054-29055 2025-12349 Licenses; Exemptions, Applications, Amendments, etc.: Dominion Energy South Carolina, Inc.; Virgil C. Summer Nuclear Station, Unit 1, 29053-29054 2025-12351 Partial Site Release: Accelerated Decommissioning Partners Crystal River Unit 3, LLC; Crystal River Unit 3 Nuclear Generating Plant; Partial Site Release, 29051-29053 2025-12321 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans:
Interest Assumptions for Valuing Benefits, 28899-28901 2025-12319 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 29055-29056 2025-12390 Postal Service Postal Service NOTICES International Product Change: Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreement, 29056 2025-12359 Product Change: Priority Mail, and USPS Ground Advantage Negotiated Service Agreements; Priority Mail Negotiated Service Agreements, 29056-29057 2025-12310 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 29097-29098 2025-12394 Application: Deregistration under the Investment Company Act, 29098-29099 2025-12293 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 29088-29097 2025-12300 Nasdaq ISE, LLC, 29086, 29098 2025-12302 2025-12303 NYSE Arca, Inc., 29057-29082 2025-12304 The Nasdaq Stock Market LLC, 29082-29088 2025-12299 2025-12301 Small Business Small Business Administration NOTICES Disaster Declaration: California, 29100 2025-12380 Kansas, 29099-29100 2025-12387 Social Social Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 29100-29102 2025-12294 State Department State Department NOTICES Determination: Foreign Missions Act, 29102 2025-12344 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 29031-29032 2025-12361 Physical Surface Transportation Security, 29031 2025-12395 Treasury Treasury Department See Bureau of the Fiscal Service See Internal Revenue Service See United States Mint U.S.
Mint United States Mint NOTICES Pricing for Comic Art 1 oz. Silver Medal and 2.5 oz. Silver Medal, 29105 2025-12389 Veteran Affairs Veterans Affairs Department RULES Servicemembers' Group Life Insurance and Veterans' Group Life Insurance; CFR Correction, 28904 2025-12352 Wage Wage and Hour Division PROPOSED RULES Application of the Fair Labor Standards Act to Domestic Service, 28976-28985 2025-12316 Recission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States, 28919-28946 2025-12315 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 29108-29339 2025-12347 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 29342-29391 2025-12368 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 90 125 Wednesday, July 2, 2025 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 52 [NRC-2025-0018] RIN 3150-AL26 Revising the Duration of Design Certifications AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule.
SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)is amending its regulations to revise the duration of design certifications (DCs). Specifically, this direct final rule replaces 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 direct final rule does not change the date of issuance or renewal for existing DCs ( *i.e.,* the start date by which an existing DC may be referenced remains unchanged). This direct final rule also incorporates a minor editorial correction. DATES: The final rule is effective September 15, 2025, unless significant adverse comments are received by August 1, 2025. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the **Federal Register** . 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. Comments received on this direct final rule will also be considered to be comments on the companion proposed rule published in the Proposed Rules section of this issue of the **Federal Register** . 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: *Helen.Chang@nrc.gov.* For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *Email comments to:* *Rulemaking.Comments@nrc.gov.* 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 direct final 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: *Daniel.Doyle@nrc.gov;* or Jordan Glisan, Office of Nuclear Reactor Regulation, telephone: 301-415-3478, email: *Jordan.Glisan@nrc.gov.* 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. Section-by-Section Analysis VI. Regulatory Flexibility Certification VII. Regulatory Analysis VIII. Backfitting and Issue Finality IX. Plain Writing X. Environmental Assessment and Final Finding of No Significant Environmental Impact XI. Paperwork Reduction Act XII. Regulatory Planning and Review XIII. Congressional Review Act XIV. Voluntary Consensus Standards XV. 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 *PDR.Resource@nrc.gov.* 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 *PDR.Resource@nrc.gov* 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 *Library.Resource@nrc.gov* 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. 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 using the “direct final rule procedure” for this rule. This amendment is effective on September 15, 2025. However, if the NRC receives significant adverse comments on this direct final rule by August 1, 2025, then the NRC will publish a document that withdraws this action and will address the comments received 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 detailed instructions on filing comments, please see the ADDRESSES section of this document. 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 direct final rule, the NRC is amending 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 direct final rule replaces 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) remains unchanged by this direct final rule. Otherwise stated, the 40-year duration period starts 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 § 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 amending 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 revising these regulations based on lessons learned from carrying out the DC renewal process. These amendments will 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 § 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.,* § 52.63(a)(4) for Tier 1 information). In addition, 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 will 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 will reduce unnecessary burdens with no reduction in safety or security. Therefore, the NRC is amending its regulations to change the DC duration to 40 years generically in §§ 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. Section-by-Section Analysis The following paragraphs describe the specific changes proposed by this rulemaking. Section 52.55 Duration of Certification This direct final rule revises paragraph
(a)to result in a finding that a DC is generically valid for 40 years from the date of issuance. Section 52.57 Application for Renewal This direct final rule revises paragraph
(a)to conform to the change in Section 52.55. Section 52.61 Duration of Renewal This direct final rule revises § 52.61 so that the duration of renewal is not more than 40 years. Appendix A to Part 52 Design Certification Rule for the U.S. Advanced Boiling Water Reactor This direct final rule revises section VII so that the appendix can be referenced for a period of 40 years. Appendix D to Part 52 Design Certification Rule for the AP1000 Design This direct final rule revises section VII so that the appendix can be referenced for a period of 40 years. Appendix E to Part 52 Design Certification Rule for the ESBWR Design This direct final rule revises section VII so that the appendix can be referenced for a period of 40 years. Appendix F to Part 52 Design Certification Rule for the APR1400 Design This direct final rule revises section VII so that the appendix can be referenced for a period of 40 years. Additionally, it makes a minor editorial correction in section III.E by replacing the word “entirely” with the word “wholly,” consistent with the corresponding language in the appendices for all other currently effective DCs. Appendix G to Part 52 Design Certification Rule for NuScale This direct final rule revises section VII so that the appendix can be referenced for a period of 40 years. VI. Regulatory Flexibility Certification Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC certifies that this rule does not have a significant economic impact on a substantial number of small entities. These amendments will reduce unnecessary regulatory burden on applicants without any reduction in safety or security. This final rule affects only reactor vendors and the licensing and operation of nuclear power plants. These companies do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). VII. Regulatory Analysis The NRC estimates that the rule results in averted costs of approximately $56.7 million (7 percent net present value (NPV)) in 2024 dollars to the NRC, licensees, and applicants over the 65-year analysis period (2026-2090). Because the NRC does not currently expect any of these existing designs would be renewed beyond this analysis period, *i.e.,* due to assumed technological advancements over this time period, the NPV over a perpetual horizon is the same. The annualized cost savings over the 65-year analysis period are approximately $4.03 million (7 percent NPV) and $3.89 million (3 percent NPV) per year. The averted costs are roughly evenly distributed between the NRC and industry. The NRC considered all five active DCs being renewed multiple times throughout the analysis period based on staff expectations, with averted renewals due to the first 40-year period. In the first 20 years after the rule becomes effective (2026-2045), the NRC estimates that the new 40-year duration will result in averted costs of $50.5 million to NRC and industry (7 percent NPV) before the first currently effective DC would either expire or need to be renewed in 2046. The generic change to the duration of DCs would also result in averted costs for future design certification applicants and the NRC because of averted renewals. For example, if a licensee or applicant submits a hypothetical design certification between 2026 and 2030, the NRC estimates that this rule would result in averted costs of approximately $5.5 million to the NRC and industry, though costs would vary depending on the specific year of submittal (7 percent NPV). Therefore, the cost savings reported above may be an underestimate of the actual cost savings. Based on this analysis, the NRC considers this rule to be cost beneficial to both industry and the NRC. VIII. Backfitting and Issue Finality The NRC has determined that this direct final rule does not constitute backfitting as defined in the backfit rule (§ 50.109) and is not inconsistent with any applicable issue finality provision in 10 CFR part 52. Increasing the duration for which a design certification is valid does not affect any previously issued licenses. This rule also does not modify, rescind, or impose new requirements on the certification information in an existing standard design certification. IX. 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). X. Environmental Assessment and Final Finding of No Significant Environmental Impact The NRC has determined under the National Environmental Policy Act of 1969, as amended (NEPA), and the NRC's regulations in subpart A, “National Environmental Policy Act; Regulations Implementing Section 102(2),” of 10 CFR part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,” that this direct final rule, if confirmed, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC's environmental assessment and finding of no significant impact is based on the following considerations. As reflected in 10 CFR 51.32(b)(1)-(2) and as discussed in the 2007 final rule amending 10 CFR parts 51 and 52 (72 FR 49352; August 28, 2007), a rule issuing or amending a design certification does not authorize the siting, construction, or operation of a facility referencing any particular design; it only codifies the design in a rule. This codified finding of no significant impact applies to this rule's changes extending the duration of DCs currently in effect. By the same logic, the NRC also finds that there is no significant impact associated with this rule's changes to 10 CFR 52.55, 52.57, and 52.61 to generically extend the duration of future DCs. The NRC also considered whether extending the duration of existing DCs could impact the agency's NEPA consideration of severe accident mitigation design alternatives (SAMDA) for those DCs. Because this rule does not result in any design changes, the NRC concluded, consistent with 10 CFR 51.30(d), that no additional analysis of SAMDAs was necessary at this time, although the NRC will further consider SAMDAs at future points in the licensing process, as appropriate. The NRC will evaluate the environmental impacts and issue an environmental impact statement as appropriate under NEPA as part of any application for the construction and operation of a facility referencing any particular design certification rule. The determination of this environmental assessment and finding of no significant impact is that there will be no significant impact from this action. The environmental assessment and finding of no significant impact are available as indicated in the Availability of Documents section. XI. Paperwork Reduction Act This final 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. XII. Regulatory Planning and Review Executive Order 12866 Executive Order (E.O.) 12866, as amended by E.O.s 14215 (Ensuring Accountability for All agencies) and 13563 (Improving Regulation and Regulatory Review), directs agencies to assess the costs and benefits of available regulatory alternatives, and if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Information and Regulatory Affairs
(OIRA)has designated this direct final rule “a significant regulatory action” as defined under section 3(f) of E.O. 12866, though not economically significant under 3(f)(1). Accordingly, the NRC submitted this direct final rule to OMB for E.O. 12866 review. Review Under E.O.s 14154, 14192, 14215, and 14300 The NRC has examined this direct final rule and has determined that it is consistent with the policies and directives outlined in E.O. 14154 “Unleashing American Energy,” E.O. 14192, “Unleashing Prosperity Through Deregulation,” E.O. 14215 “Ensuring Accountability for All Agencies,” and E.O. 14300, “Ordering the Reform of the Nuclear Regulatory Commission.” This direct final rule is considered an E.O. 14192 deregulatory action. We estimate that this rule generates $4.03 million in annualized costs savings at a 7% discount rate, discounted relative to year 2024, over a perpetual time horizon. Details on the estimated costs of this final rule can be found in Section VII. Regulatory Analysis. XIII. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has found that it does not meet the criteria at 5 U.S.C. 804(2). XIV. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the duration of design certifications in 10 CFR part 52. This action does not constitute the establishment of a standard that contains generally applicable requirements. XV. Availability of Documents The documents identified in the following table are available to interested persons as indicated. Document ADAMS Accession No./ Federal Register citation Environmental Assessment and Finding of No Significant Impact by the U.S. Nuclear Regulatory Commission Relating to Revising the Duration of Design Certifications, dated May 2025 ML25049A031 SRM-COMDAW-24-0001, “Revising the Duration of Design Certifications,” dated November 14, 2024 ML24319A209 Federal Register notice—Final Rule, “Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear Power Reactors,” dated April 18, 1989 54 FR 15372 Federal Register notice—Final Rule, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” dated August 28, 2007 72 FR 49352 Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 63 FR 31885 Endnotes 1 For Appendix D to Part 52, “Design Certification Rule for the AP1000 Design,” this rule replaces 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. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR part 52: PART 52—LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS 1. The authority citation for part 52 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149, 161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134, 2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note. § 52.55 [Amended] 2. In § 52.55, amend paragraph
(a)by removing the text “15 years”, wherever it appears, and add, in its place, the text “40 years”. § 52.57 [Amended] 3. In § 52.57, amend paragraph
(a)by removing the text “15-year”, wherever it appears, and add, in its place, the text “40-year”. § 52.61 [Amended] 4. In § 52.61, remove the text “15 years”, wherever it appears, and add, in its place, the text “40 years”. Appendix A to Part 52 [Amended] 5. In appendix A to 10 CFR part 52, in section VII, remove the text “15 years”, wherever it appears, and add, in its place, the text “40 years”. Appendix D to Part 52 [Amended] 6. In appendix D to 10 CFR part 52, in section VII remove the text “20 years”, wherever it appears, and add, in its place, the text “40 years”. Appendix E to Part 52 [Amended] 7. In appendix E to 10 CFR part 52, in section VII remove the text “15 years”, wherever it appears, and add, in its place, the text “40 years”. Appendix F to Part 52 [Amended] 8. In appendix F to 10 CFR part 52: a. In section III.E, remove the word “entirely” wherever it appears, and add, in its place, the word “wholly”. b. In section VII, remove the text “15 years”, wherever it appears, and add, in its place, the text “40 years”. Appendix G to Part 52 [Amended] 9. In appendix G to 10 CFR part 52, in section VII remove the text “15 years”, wherever it appears, and add, in its place, the text “40 years”. For the Nuclear Regulatory Commission. Dated: June 30, 2025. Michael King, Acting Executive Director for Operations. [FR Doc. 2025-12396 Filed 7-1-25; 8:45 am]
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