ML24106A058

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4-10-24 Public Meeting Part 37 Advance Tribal Notification Proposed Rule Meeting Summary
ML24106A058
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Issue date: 04/10/2024
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Office of Nuclear Material Safety and Safeguards
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Download: ML24106A058 (6)


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Public Meeting on the Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments 1

MLXXXXXXXXX U.S. Nuclear Regulatory Commission Public Meeting Summary April 10, 2024

Title:

Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments Meeting Identifier: 20240361 Date of Meeting: April 10, 2024 Location: Webinar (via Microsoft Teams)

Type of Meeting: Information Meeting with a Question-and-Answer Session Purpose of Meeting:

The U.S. Nuclear Regulatory Commission (NRC) staff hosted a public meeting on the proposed rule that would require NRC and Agreement State licensees to provide to Tribal officials, or their designees, advance notice of shipments of category 1 quantities of radioactive material before shipments pass within or across the border of participating Tribal reservations under Title 10 of the Code of Federal Regulations (10 CFR) Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.

The purpose of the meeting was to engage with the public to promote an understanding of the proposed rule and the associated guidance to facilitate meaningful comments.

General Details:

The NRC is proposing to amend its regulations in 10 CFR Part 37 to require NRC and Agreement State licensees to provide to Tribal officials, or their designees, advance notice of shipments of category 1 quantities of radioactive material before shipments pass within or across the border of participating Tribal reservations.

As part of the proposed rule, the NRC staff also intends to issue, for public comment, the following supporting materials:

draft guidance under in the form of Frequently Asked Questions that will be posted to the NRCs public website upon publication of a final rule a draft regulatory analysis (cost analysis) a supporting statement(s) for any proposed information collections under the Paperwork Reduction Act This April 10, 2024 meeting was focused on providing an overview of the proposed changes and answering questions from external stakeholders.

During this virtual meeting, the staff presented slides detailing the background of the rulemaking and an overview of the proposed changes and next steps. The virtual meeting consisted of one NRC presentation followed by a question-and-answer session where the public was provided an opportunity to pose any feedback and questions to the NRC. The meeting was attended by 22 participants, including Agreement States, non-government organizations, and NRC staff. A transcription of the meeting can be found in

Public Meeting on the Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments 2

MLXXXXXXXXX the Agencywide Documents Access and Management System (ADAMS),

ML24106A053.

Summary of Presentation:

Caylee Kenny of the NRC opened the meeting, introducing herself as the rulemaking project manager for this rule and acting as the meetings facilitator. She described the purpose of the meeting which was to promote an understanding of the proposed rule and the associated guidance to facilitate meaningful comments on the proposed rule and guidance. She then discussed the meeting logistics and advised participants on the features of the webinar platform. She noted the agenda in which the first half of the meeting included a presentation by the NRC staff, while the remaining half of the public meeting consisted of an open question and answer session. Instructions were provided for how members of the public attending via Microsoft Teams or via the phone could ask questions or offer comments. She encouraged public participation during the meeting from all stakeholders but noted that the NRC will not provide any formal responses to the feedback and questions offered during the meeting. She noted that this meeting will be transcribed, and that speakers needed to identify themselves and their affiliation for the record.

She then turned the meeting over to the NRCs Chris Regan, Director for the Division of Rulemaking, Environmental and Financial Support (REFS) in the Office of Nuclear Material Safety and Safeguards (NMSS). He welcomed everyone and gave the opening remarks before turning the meeting back over to Caylee Kenny. He communicated his familiarity with the petition for rulemaking from which this proposed rule was initiated, and his pleasure that the rulemaking was moving along. He mentioned that public comment, for transportation, plays an extremely important role in the development of the NRC regulations, and it supports stakeholder confidence.

Caylee Kenny then commenced with the presentation. She began her slide presentation by providing background information of relevant regulatory actions related to the proposed rule. This included the petition for rulemaking, the 2012 Part 71 and 73 rulemaking, the 2013 Part 37 rulemaking, and the Tribal Policy Statement. Ms. Kenny then provided links to the documents that were part of the proposed rulemaking package published in the Federal Register on March 8, 2024. Ms. Kenny then went on to provide an overview of the changes being proposed in each section of the rulemaking and a description of the associated guidance document. Next Ms. Kenny described how this rulemaking would impact Tribes who chose to participate in the Advance Notification Program and what a Tribe would need to do to opt-in to the program. She went on to share the quantitative and qualitative costs and benefits of the rulemaking. Ms. Kenny then shared resources for how members of the public can submit comments on and find more information regarding the proposed rule by visiting regulations.gov.

This concluded the presentation portion of the meeting.

Public Feedback and Questions:

No feedback or questions were provided from members of the public.

Closing:

Public Meeting on the Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments 3

MLXXXXXXXXX The NRCs Caylee Kenny made brief closing remarks, including upcoming milestones.

She then shared slides containing a list of acronyms used in the presentation for the publics convenience. In concluding, she informed participants of the public meeting feedback form available on the NRC Public Meeting Schedule website and ended the meeting by thanking everyone for their time and participation.

The meeting ended at 2:29pm ET.

Action Items/Next Steps:

NRC staff will address public comments as part of the final rule.

Public Meeting Documents:

MLXXXXXXXXX - ADAMS PACKAGE: April 10, 2024 - Public Meeting --

Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments o ML24073A309 - 4/10/2024 - Notice of Public Meeting to Discuss the Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments o ML24087A108-4/10/2024 - Public Meeting Presentation - Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments o ML24106A053 - 4/10/2024 - Public Meeting Transcript - Proposed Rule:

Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments o MLXXXXXXXXX - 4/10/2024 - Public Meeting Summary -- Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments Information Referenced:

Petition for Rulemaking PRM-37-2, December 4, 2020 Notice of docketing (86 FR 18477) April 9, 2021 Notice of consideration in rulemaking (87 FR 67397) November 8, 2022 Part 71 and 73 Advance Notification Rule, 2012 Part 37 Rule, March 2013 NRC Tribal Policy Statement of January 2017 NRCs Advance Notification program Proposed Rule (89 FR 16701; March 8, 2024)

Web version Printed Version Draft Regulatory Analysis (ML23277A108)

Draft Supporting Statement for Information Collection (Part 37) (ML23285A083)

Draft Supporting Statement for Information Collection (Tribal Advance Notification Program) (ML23285A084)

Draft Supporting Guidance (ML23277A107) comment submission form regulations.gov

Public Meeting on the Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments 4

MLXXXXXXXXX Public Meeting Feedback Form:

https://www.nrc.gov/pmns/mtg?do=details&Code=20240361

LIST OF ATTENDEES Public Meeting on the Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments 5

MLXXXXXXXXX NRC EXTERNAL STAKEHOLDERS Amy McKenna Jana Bergman Anita Gray Jerry Humphreys Caylee Kenny*

Kaci Studer Christopher Regan*

Dan Ruby David Cullison David Pstrak Diane Bearde Evan Anderson Gary Purdy Heather Frey Jade Adams James Maltese Joan Olmstead Kate Viola Nachiketh Chandran Nadiyah Morgan Patricia Cline-Thomas Tim Mossman

LIST OF ATTENDEES Public Meeting on the Proposed Rule: Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments 6

MLXXXXXXXXX

  • Presenter