ML23152A005
| ML23152A005 | |
| Person / Time | |
|---|---|
| Issue date: | 06/13/2023 |
| From: | Adelaide Giantelli NRC/NMSS/DMSST |
| To: | |
| References | |
| PRM--37-2, STC-23-043 | |
| Download: ML23152A005 (4) | |
Text
June 13, 2023 ALL FEDERALLY RECOGNIZED TRIBAL NATIONS NOTIFICATION OF PROPOSED RULEMAKING AND INVITATION TO CONSULT:
ADVANCE TRIBAL NOTIFICATION OF CATEGORY 1 QUANTITIES OF RADIOACTIVE MATERIAL (STC-23-043)
Purpose:
To notify all Federally recognized Tribes of the U.S. Nuclear Regulatory Commissions (NRC) proposed rulemaking to revise its regulations to ensure consistency regarding advance Tribal notification of certain radioactive material shipments with similar regulations for State notification. Additionally, as part of the proposed rulemaking process, the NRC is offering a consultation opportunity to Federally recognized Tribes leadership in accordance with the NRCs Tribal Policy Statement (82 FR 2402; Jan 9, 2017).
Background:
On December 4, 2020, the NRC received a petition for rulemaking (PRM) from Richard Arnold and Ron Johnson, on behalf of the Tribal Radioactive Materials Transportation Committee (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21042B011). The petitioners identified a discrepancy between 10 CFR Part 37 and 10 CFR Parts 71 and 73 regarding advanced notification for Tribal governments concerning certain radioactive material shipments. The NRC regulations in 10 CFR § 71.97 Advance notification of shipment of irradiated reactor fuel and nuclear waste and § 73.37 Requirements for physical protection of irradiated reactor fuel in transit, require licensees to provide advance notification to the NRC, States, and participating Tribes of certain types of radioactive material shipments. In comparison, §37.77, Advance notification of shipment of category 1 quantities of radioactive material, only requires licensees to provide advance notice to the NRC and States for the shipment of licensed material in category 1 quantities. There is no requirement for licensees to provide advance notification to Tribes for category 1 shipments.
The NRC staff docketed the petition on February 11, 2021, as PRM-37-2 and published a request for public comment in the Federal Register (86 FR 18477; April 9, 2021). The NRC also sent a letter to Federally recognized Tribes requesting their comments on the PRM on April 8, 2021 (ML21097A265).
The NRC staff subsequently recommended that the NRC Commission consider the issue raised in the petition within the NRCs rulemaking process (SECY-22-0074; ML22056A326).
On October 17, 2022, the NRC Commission agreed with the staffs recommendation to initiate rulemaking to amend Part 37 to require advanced Tribal notification for shipments of Category 1 quantities of radioactive material (SRM-SECY-22-0074; ML22290A244).
STC 23-043 2 Additional information about the proposed rule may be found on the NRC public website at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/ruledetails.html?id=2178 and at https://www.regulations.gov by searching Docket ID NRC-2022-0191.
Discussion: The NRC is offering consultation to the leadership of all Federally recognized Tribes under the NRCs Tribal Policy Statement. Accordingly, the NRC staff invites Tribal leaders who are interested in this voluntary consultation with the NRC during the proposed rulemaking process to contact Mr. Henry Lynn (contact information below), by July 13, 2023 (insert 30 days from the date of this letter), to schedule a meeting.
If you have any questions regarding this rulemaking or this correspondence, please contact the individual named below.
POINT OF CONTACT: Henry Lynn EMAIL: Henry.Lynn@nrc.gov TELEPHONE: 423-855-6509 Sincerely, Signed by Giantelli, Adelaide on 06/13/23 Adelaide Giantelli, Branch Chief Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
STC 23-043 3
SUBJECT:
NOTIFICATION OF PROPOSED RULEMAKING AND INVITATION TO CONSULT:
ADVANCE TRIBAL NOTIFICATION OF CATEGORY 1 QUANTITIES OF RADIOACTIVE MATERIAL (STC-23-043)
DATED June 13, 2023 DISTRIBUTION:
Public KWilliams, NMSS BVenkataraman, NMSS HLynn, NMSS CKenny, NMSS DBearde, NMSS JOlmstead, OGC ADAMS Accession Number: ML23152A005
Ltr ML23152A005
- via email OCHCO/ADHRTD NMSS/REFS OFFICE NMSS/REFS/MRPB NMSS*
/STTSB /MRPB NAME CKenny CK HLynn HL DBearde DB BVenkataraman BV DATE May 31, 2023 May 31, 2023 Jun 1, 2023 Jun 2, 2023 NMSS/REFS OFFICE NMSS/REFS/MRPB NMSS/REFS/MRPB NMSS/MSST/SMPB
/MRPB NAME JShepherd JS DBearde DB CKenny CK AGiantelli AG DATE Jun 5, 2023 Jun 13, 2023 Jun 9, 2023 Jun 13, 2023