On November 08, 2022 (87 FR 67397), the Nuclear Regulatory Commission (NRC) published a petition for rulemaking in the Federal Register (FR) to consider in its rulemaking process the issue raised in a petition for rulemaking (PRM), PRM–37–2, submitted by Richard Arnold and Ron Johnson, on behalf of the Tribal Radioactive Materials Transportation Committee, dated December 4, 2020. The petitioner requests that the NRC amend its regulations in 10 CFR Part 37 “Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material” to include advance Tribal notification of certain radioactive material shipments. The NRC agrees with this request and plans to conduct rulemaking to revise 10 CFR Part 37 to be consistent with advance Tribal notification standards provided in 10 CFR Part 71 and 10 CFR Part 73. This action is also supported by NRC’s Tribal Policy Statement, which established the NRC’s principles to promote effective Government-to-Government interactions with Federally recognized Tribes, and to encourage and facilitate Tribal involvement in the areas over which the Commission has jurisdiction. The docket for the petition for rulemaking, PRM–37–2, is closed on November 8, 2022.

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NRC 11-08-2022 petition to update 10CFR37 tribal notifications