| of this subsection must be inspected and
tested for operability and performance at the manufacturer's suggested
frequency. If there is no suggested manufacturer's suggested frequency,
the testing must be performed at least annually, not to exceed 12
months.
(B) The licensee shall maintain records on the maintenance
and testing activities for inspection by the department in accordance
with subsection (mm) of this section.
(15) Requirements for mobile devices. Each licensee
that possesses mobile devices containing category 1 or category 2
quantities of radioactive material shall:
(A) have two independent physical controls that form
tangible barriers to secure the material from unauthorized removal
when the device is not under direct control and constant surveillance
by the licensee; and
(B) for devices in or on a vehicle or trailer, unless
the health and safety requirements for a site prohibit the disabling
of the vehicle, the licensee shall utilize a method to disable the
vehicle or trailer when not under direct control and constant surveillance
by the licensee. Licensees shall not rely on the removal of an ignition
key to meet this requirement.
(16) Security program review.
(A) Each licensee shall be responsible for the continuing
effectiveness of the security program. Each licensee shall ensure
that the security program is reviewed to confirm compliance with the
requirements of paragraphs (9) - (15), this paragraph, and paragraph
(17) of this subsection, and that comprehensive actions are taken
to correct any noncompliance that is identified. The review shall
include the radioactive material security program content and implementation.
Each licensee shall review the security program content and implementation
at least every 12 months.
(B) The results of the review, along with any recommendations,
must be documented.
(i) Each review report must
(I) identify conditions that are adverse to the proper
performance of the security program;
(II) identify the cause of the condition(s); and
(III) when applicable, recommend corrective actions,
and identify and document any corrective actions taken.
(ii) The licensee shall review the findings and take
any additional corrective actions necessary to preclude repetition
of the condition, including reassessment of the deficient areas where
indicated.
(C) The licensee shall make, maintain, and retain the
documentation of the review required under subparagraph (B) of this
paragraph for inspection by the department in accordance with subsection
(mm) of this section.
(17) Reporting of events.
(A) The licensee shall immediately notify the LLEA
after determining that an unauthorized entry resulted in an actual
or attempted theft, sabotage, or diversion of a category 1 or category
2 quantity of radioactive material. As soon as possible after initiating
a response, but not at the expense of causing delay or interfering
with the LLEA response to the event, the licensee shall notify the
department at (512) 458-7460. In no case shall the notification to
the department be later than four hours after the discovery of any
attempted or actual theft, sabotage, or diversion.
(B) The licensee shall assess any suspicious activity
related to possible theft, sabotage, or diversion of category 1 or
category 2 quantities of radioactive material and notify the LLEA
as appropriate. As soon as possible but not later than 4 hours after
notifying the LLEA, the licensee shall notify the department at (512)
458-7460.
(C) Each initial telephonic notification required by
subparagraphs (A) and (B) of this paragraph must be followed within
a period of 30 days by a written report submitted to the department.
The report must include sufficient information for department analysis
and evaluation, including identification of any necessary corrective
actions to prevent future instances.
(18) Additional requirements for transfer of category
1 and category 2 quantities of radioactive material. A licensee transferring
a category 1 or category 2 quantity of radioactive material to a licensee
of the department, the NRC, or any agreement state shall meet the
license verification requirements listed below instead of those listed
in subsection (cc)(4) of this section.
(A) Any licensee transferring category 1 quantities
of radioactive material to a licensee of the department, the NRC,
or any agreement state, before conducting such transfer, shall verify
with the NRC's license verification system or the license issuing
authority that the transferee's license authorizes the receipt of
the type, form, and quantity of radioactive material to be transferred
and that the licensee is authorized to receive radioactive material
at the location requested for delivery. If the verification is conducted
by contacting the license issuing authority, the transferor shall
document the verification. For transfers within the same organization,
the licensee does not need to verify the transfer.
(B) Any licensee transferring category 2 quantities
of radioactive material to a licensee of the department, the NRC,
or any agreement state, before conducting such transfer, shall verify
with the NRC's license verification system or the license issuing
authority that the transferee's license authorizes the receipt of
the type, form, and quantity of radioactive material to be transferred.
If the verification is conducted by contacting the license issuing
authority, the transferor shall document the verification. For transfers
within the same organization, the licensee does not need to verify
the transfer.
(C) In an emergency where the licensee cannot reach
the license issuing authority and the license verification system
is nonfunctional, the licensee may accept a written certification
by the transferee that it is authorized by license to receive the
type, form, and quantity of radioactive material to be transferred.
(i) The certification must include:
(I) the license number;
(II) the current revision number;
(III) the issuing authority;
(IV) the expiration date; and
(V) for a category 1 shipment, the authorized address.
(ii) The licensee shall keep a copy of the certification.
(iii) The certification must be confirmed by use of
the NRC's license verification system or by contacting the license
issuing authority by the end of the next business day.
(D) The transferor shall keep a copy of the verification
documentation required under this paragraph as a record for inspection
by the department in accordance with subsection (mm) of this section.
(19) Applicability of physical protection of category
1 and category 2 quantities of radioactive material during transit.
The shipping licensee shall be responsible for meeting the requirements
of paragraph (18), this paragraph, and paragraphs (20) - (23) of this
subsection unless the receiving licensee has agreed in writing to
arrange for the in-transit physical protection required under this
paragraph, and paragraphs (20) - (23) of this subsection.
(20) Preplanning and coordination of shipment of category
1 and category 2 quantities of radioactive material.
(A) Each licensee that plans to transport, or deliver
to a carrier for transport, licensed material that is a category 1
quantity of radioactive material outside the confines of the licensee's
facility or other place of use or storage shall:
(i) preplan and coordinate shipment arrival and departure
times with the receiving licensee;
(ii) preplan and coordinate shipment information with
the governor or the governor's designee of any state through which
the shipment will pass to:
(I) discuss the state's intention to provide law enforcement
escorts; and
(II) identify safe havens; and
(iii) document the preplanning and coordination activities.
(B) Each licensee that plans to transport, or deliver
to a carrier for transport, licensed material that is a category 2
quantity of radioactive material outside the confines of the licensee's
facility or other place of use or storage shall coordinate the shipment
no-later-than arrival time and the expected shipment arrival with
the receiving licensee. The licensee shall document the coordination
activities.
(C) Each licensee who receives a shipment of a category
2 quantity of radioactive material shall confirm receipt of the shipment
with the originator. If the shipment has not arrived by the no-later-than
arrival time, the receiving licensee shall notify the originator.
(D) Each licensee, who transports or plans to transport
a shipment of a category 2 quantity of radioactive material, and determines
that the shipment will arrive after the no-later-than arrival time
provided pursuant to subparagraph (B) of this paragraph, shall promptly
notify the receiving licensee of the new no-later-than arrival time.
Cont'd... |
