ML21049A092
| ML21049A092 | |
| Person / Time | |
|---|---|
| Issue date: | 03/26/2021 |
| From: | Coyne K, Crowley D, Andrea Kock, Kevin Williams Division of Fuel Management, NRC/NMSS/DMSST, NRC/NMSS/DREFS, Organization of Agreement States |
| To: | |
| Drucker, David | |
| References | |
| PRM-37-2 | |
| Download: ML21049A092 (5) | |
Text
WORKING GROUP CHARTER Petition for Rulemaking (PRM)-37-2, Advance Tribal Notification of Certain Radioactive Material Shipments
PURPOSE: The purpose of this working group (WG) is to review the petition, analyze public comments on the petition, facilitate communications with internal and external stakeholders, and provide a recommendation for closing Petition for Rulemaking PRM-37-2, Advance Tribal Notification of Certain Radioactive Material Shipments.
BACKGROUND: In a letter dated December 4, 2020 (ADAMS Accession No. ML21042B011),
Richard Arnold and Ron Johnson, Co-Chairs of the Tribal Radioactive Materials Transportation Committee (TRMTC) of the National Conference of State Legislatures, requested that the U.S. Nuclear Regulatory Commission (NRC) examine its regulations in Part 37 of Title 10 of the Code of Federal Regulations (10 CFR) and modify the rule language to include advance Tribal notification (in addition to advance notification of states and the NRC that is already in the Part 37) of certain radioactive material shipments to ensure consistency with 10 CFR Parts 71 and 73. The letter from the petitioner states, TRMTC believes consistent notification standards must be applied to states and tribal governments.... This letter identifies a discrepancy between Part 37 and Parts 71 and 73 regarding advance notification of tribal governments for certain radioactive material shipments. The NRC reviewed this letter and determined it met the docketing criteria of 10 CFR 2.803, Petition for rulemakingNRC action, on February 11, 2021.
The NRC is therefore addressing this letter as a petition for rulemaking (PRM) and assigned it Docket No. PRM-37-2. The petition can be monitored on the Federal rulemaking website, https://www.regulations.gov, by searching on Docket ID NRC-2021-0051. The NRC also tracks all petition actions on its website at https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html and https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/petitions-by-year.html.
MEMBERSHIP: This WG is sponsored by the Office of Nuclear Material Safety and Safeguards (NMSS), Division of Rulemaking, Environmental, and Financial Support (REFS); Division of Fuel Management (DFM); and Division of Materials Safety, Security, State and Tribal Programs (MSST). The rulemaking organization, REFS, will be the rulemaking lead organization, and MSST will be the lead technical organization. The management sponsors for this activity are Tania Martinez Navedo, Branch Chief (BC), NMSS/REFS/Materials Rulemaking and Project Management Branch (MRPB); James Rubenstone, BC, NMSS/Division of Fuel Management (DFM)/Materials Control and Accounting Branch (MCAB); George Smith, Acting BC, NMSS/MSST/Source Management and Protection Branch (SMPB); Jill Shepherd, Acting BC, NMSS/MSST/Material Safety and Tribal Liaison Branch (MSTB); Brian Harris, Associate General Counsel for Reactor and Materials Rulemaking, Office of the General Counsel (OGC)/General Counsel for Reactors and Materials Rulemaking (RMR); and Brian Anderson, BC, NMSS/MSST/State Agreement and Liaison Programs Branch. The WG will consist of NRC staff members and a representative from the Organization of Agreement States, Inc. (OAS).
The membership of the WG is provided in the table below. The WG members will be updated if there are changes in membership. The WG may seek additional expertise as needed.
Organization WG Member NRC/NMSS/MSST/SMPB Anita Gray, Regulatory Basis Project Technical Lead Paul Goldberg George Smith NRC/NMSS/REFS/MRPB David Drucker, Rulemaking Project Manager, Co-Lead Alexa Sieracki, Rulemaking Project Manager, Co-Lead
Working Group Charter Petition for Rulemaking (PRM)-37-2, Advance Tribal Notification of Certain Radioactive Material Shipments
2 A Petition Review Board (PRB) will advise the WG and review and consider the WGs recommended closure of a PRM under 10 CFR 2.803. A PRB briefing is normally performed within 6 months from the date that the notice of docketing of the PRM was published in the Federal Register or the end of the PRM comment period, if applicable. The PRB votes on the WGs recommendation to close the petition.
The PRB is made up of:
- 1. The REFS Director, who serves as Chair;
- 2. The Division Director associated with each affected technical branch;
- 3. The Assistant General Counsel; and
- 4. The Branch Chief of RASB.
A Steering Committee will be convened if the WG needs management support with complex or controversial issues or policy and resource issues. The Steering Committee Chairperson would be the Director or Deputy Director of REFS, and the members would include the:
- 1. Director (or designated alternate) of NMSS/DFM
- 2. Director (or designated alternate) of NMSS/MSST
- 3. OGC Assistant General Counsel for Reactors and Materials Rulemaking
- 4. OAS Director of Rulemaking or their designee OBJECTIVES: The WG has the following objectives/deliverables:
- 2. Evaluate the petition and comments.
- 4. Develop a PRM closure package (with a recommendation for closing the petition) for Commission review and approval.
SCHEDULE: The estimated high-level schedule below covers the petition review process up to the recommendation and resolution of this PRM. The schedule is preliminary and may change.
Detailed schedule information will be provided to WG members.
NRC/NMSS/DFM/MCAB David Pstrak NRC/NMSS/REFS/MRPB Torre Taylor NRC/NMSS/MSST/MSTB Sandra Talley NRC/OGC/RMR & HLW Joan Olmstead/Angela Coggins OAS Chelsea Smith, Oklahoma, Department of Environmental Protection
Working Group Charter Petition for Rulemaking (PRM)-37-2, Advance Tribal Notification of Certain Radioactive Material Shipments
3 WG kickoff meeting March 2021 Docketing published FRN and when public comment period begins April 2021 Public comment period May - July 2021 Evaluate petition and comments; develop analysis and WG recommendations August 2021 Petition Review Board decision-making on WG recommendations and proposed path forward September - December 2021 WG prepares PRM closure package January 2022 Concurrences January 2022 - April 2022 Package to Commission April 2022 Commission issues staff requirements memorandum (SRM)
TBD Make SRM changes SRM + 30 Forward PRM closure package to NMSS/REFS/Regulatory Analysis and Rulemaking Support Branch SRM + 45 Letter to petitioner sent SRM + 60 Publication in Federal Register (petition closed)
SRM + 90 LEVEL OF EFFORT EXPECTED OF MEMBERS: The level of effort for each WG member is estimated to be is 1-3 hours per 2 weeks over 14-18 months. The level of effort is highly dependent on the number and complexity of public comments received. The level of effort is subject to change. The highest estimated level of effort is expected in August 2021 to review public comments.
Management briefings will be held as needed throughout this effort. Members of the WG will be asked to attend and support these briefings. All WG meetings and briefings will be by teleconference or Microsoft Teams. Maximum use will be made of available electronic communication to facilitate interaction within the WG. Examples of these include conference calls, e-mails, and other options. There is no travel anticipated with this activity.
This WG operates as an NRC/Agreement State WG with the roles and responsibilities described in Section IV of Agreement State Participation in Rulemaking Working Groups SA-801A, and NRC Management Directive 5.3, Agreement State Participation in Working Groups.
This WG will be sunset (dissolved) and the effort considered complete upon satisfaction of the charter OBJECTIVES and publication of closure of the PRM in the Federal Register.
Christopher Regan, Deputy Director, NRC/NMSS/DFM Kevin Coyne, Acting Director, NRC/NMSS/REFS Christopher M. Regan Digitally signed by Christopher M. Regan Date: 2021.03.23 21:51:08 -04'00' Kevin A.
Coyne Digitally signed by Kevin A. Coyne Date: 2021.03.25 18:22:47 -04'00'
Working Group Charter Petition for Rulemaking (PRM)-37-2, Advance Tribal Notification of Certain Radioactive Material Shipments
4 Kevin Williams, Director, NRC/NMSS/MSST David Crowley, Chair, OAS Kevin Williams Digitally signed by Kevin Williams Date: 2021.03.25 19:51:03 -04'00' Digitally signed by David Crowley DN: C=US, OU=NC Radioactive Materials Branch, O=NC DHHS DHSR RPS, CN=David Crowley, E=david.crowley@dhhs.nc.gov Reason: I have reviewed this document Location: Raleigh, NC Date: 2021-03-26 13:15:22 Foxit PhantomPDF Version: 9.7.1
ML21049A092 OFFICE NMSS/REFS/MRPB NMSS/REFS/MRPB NMSS/MSST/SMPB NMSS/MSST/MSTB NAME DDrucker ASieracki AGray STalley DATE 2/18/2021 2/18/2021 2/22/2021 2/23/2021 OFFICE NMSS/DFM/MCAB NMSS/REFS/MRPB NMSS/MSST/SALB NMSS/DFM/MCAB NAME DPstrak TMartinezNavedo BAnderson JRubenstone DATE 2/23/2021 3/01/2021 2/23/2021 2/26/2021 OFFICE NMSS/MSST/SMPB NMSS/DFM NMSS/MSST NMSS/REFS NAME GSmith AKock (CRegan for)
(w/edits)
KWilliams KCoyne DATE 2/23/2021 3/22/2021 3/22/2021 3/23/2021