| (E) The licensee shall make, maintain, and retain a
copy of the documentation for preplanning and coordination and any
revision thereof, as a record for inspection by the department in
accordance with subsection (mm) of this section.
(21) Advance notification of shipment of category 1
quantities of radioactive material. As specified in subparagraphs
(A) and (B) of this paragraph, for shipments initially made by an
agreement state licensee, each licensee shall provide advance notification
to the Texas Department of Public Safety and the governor of the State
of Texas, or the governor's designee, of the shipment of licensed
material in a category 1 quantity, through or across the boundary
of the state, before the transport, or delivery to a carrier for transport
of the licensed material outside the confines of the licensee's facility
or other place of use or storage.
(A) Procedures for submitting advance notification.
(i) The notification must be made to the Texas Department
of Public Safety and to the office of each appropriate governor or
governor's designee.
(I) The contact information, including telephone and
mailing addresses, of governors and governors' designees, is available
on the NRC's Web site at https://scp.nrc.gov/special/designee.pdf.
A list of agreement state advance notification contact information
is also available upon request from the Director, Division of Materials
Safety, Security, State, and Tribal Programs, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
(II) Notifications to the Texas Department of Public
Safety must be to the Director, Texas Department of Public Safety,
Office of Homeland Security, P.O. Box 4087, Austin, Texas 78773 or
by fax to (512) 424-5708.
(ii) A notification delivered by mail must be postmarked
at least seven days before transport of the shipment commences at
the shipping facility.
(iii) A notification delivered by any means other than
mail must reach the Texas Department of Public Safety at least four
days before the transport of the shipment commences; and
(iv) A notification delivered by any means other than
mail must reach the office of the governor or the governor's designee
at least four days before transport of a shipment within or through
the state.
(B) Information to be furnished in advance notification
of shipment. Each advance notification of shipment of category 1 quantities
of radioactive material must contain the following information, if
available at the time of notification:
(i) the name, address, and telephone number of the
shipper, carrier, and receiver of the category 1 radioactive material;
(ii) the license numbers of the shipper and receiver;
(iii) a description of the radioactive material contained
in the shipment, including the radionuclides and quantity;
(iv) the point of origin of the shipment and the estimated
time and date that shipment will commence;
(v) the estimated time and date that the shipment is
expected to enter each state along the route;
(vi) the estimated time and date of arrival of the
shipment at the destination; and
(vii) a point of contact, with a telephone number,
for current shipment information.
(C) Revision notice.
(i) The licensee shall provide any information not
previously available at the time of the initial notification, as soon
as the information becomes available but not later than commencement
of the shipment, to the governor of the state or the governor's designee
and to the Director, Texas Department of Public Safety, Office of
Homeland Security, P.O. Box 4087, Austin, Texas 78773 or by fax to
(512) 424-5708.
(ii) A licensee shall provide notice as follows of
any changes to the information provided in accordance with subparagraphs
(B) and (C)(i) of this paragraph.
(I) Promptly notify the governor of the state or the
governor's designee.
(II) Immediately notify the Director, Texas Department
of Public Safety, Office of Homeland Security, P.O. Box 4087, Austin,
Texas 78773 or by fax to (512) 424-5708.
(D) Cancellation notice.
(i) Each licensee who cancels a shipment for which
advance notification has been sent shall send a cancellation notice
to:
(I) the governor of each state or to the governor's
designee previously notified; and
(II) the Director, Texas Department of Public Safety,
Office of Homeland Security, P.O. Box 4087, Austin, Texas 78773 or
by fax to (512) 424-5708.
(ii) The licensee shall send the cancellation notice
before the shipment would have commenced or as soon thereafter as
possible.
(iii) The licensee shall state in the notice that it
is a cancellation and identify the advance notification that is being
cancelled.
(E) Records. The licensee shall make, maintain, and
retain a copy of the advance notification and any revision and cancellation
notices as a record for inspection by the department in accordance
with subsection (mm) of this section.
(F) Protection of information. State officials, state
employees, and other individuals, whether or not licensees of the
department, the NRC, or any agreement state, who receive schedule
information of the kind specified in subparagraph (B) of this paragraph
shall protect that information against unauthorized disclosure as
specified in paragraph (10)(D) of this subsection.
(22) Requirements for physical protection of category
1 or category 2 quantities of radioactive material during shipment.
(A) Shipments by road.
(i) Each licensee who transports, or delivers to a
carrier for transport, in a single shipment, a category 1 quantity
of radioactive material shall:
(I) ensure that movement control centers are established
that maintain position information from a remote location. These control
centers shall monitor shipments 24 hours a day, 7 days a week, and
have the ability to communicate immediately, in an emergency, with
the appropriate law enforcement agencies;
(II) ensure that redundant communications are established
that allow the transport to contact the escort vehicle (when used)
and movement control center at all times. Redundant communications
may not be subject to the same interference factors as the primary
communication;
(III) ensure that shipments are continuously and actively
monitored by a telemetric position monitoring system or an alternative
tracking system reporting to a movement control center. A movement
control center shall provide positive confirmation of the location,
status, and control over the shipment. The movement control center
must be prepared to promptly implement preplanned procedures in response
to deviations from the authorized route or a notification of actual,
attempted, or suspicious activities related to the theft, loss, or
diversion of a shipment. These procedures will include the identification
of and contact information for the appropriate LLEA along the shipment
route;
(IV) provide an individual to accompany the driver
for those highway shipments with a driving time period greater than
the maximum number of allowable hours of service in a 24-hour duty
day as established by the Department of Transportation Federal Motor
Carrier Safety Administration. The accompanying individual may be
another driver; and
(V) develop written normal and contingency procedures
to address:
(-a-) notifications to the communication center and
law enforcement agencies;
(-b-) communication protocols, which must include a
strategy for the use of authentication codes and duress codes and
provisions for refueling or other stops, detours, and locations where
communication is expected to be temporarily lost;
(-c-) loss of communications; and
(-d-) responses to an actual or attempted theft or
diversion of a shipment.
(ii) Each licensee who makes arrangements for the shipment
of category 1 quantities of radioactive material shall ensure that
drivers, accompanying personnel, and movement control center personnel
have access to the normal and contingency procedures.
(iii) Each licensee that transports category 2 quantities
of radioactive material shall maintain constant control and/or surveillance
during transit and have the capability for immediate communication
to summon appropriate response or assistance.
(iv) Each licensee who delivers to a carrier for transport,
in a single shipment, a category 2 quantity of radioactive material
shall:
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