| (I) use carriers that have established package tracking
systems. An established package tracking system is a documented, proven,
and reliable system routinely used to transport objects of value.
In order for a package tracking system to maintain constant control
and/or surveillance, the package tracking system must allow the shipper
or transporter to identify when and where the package was last and
when it should arrive at the next point of control;
(II) use carriers that maintain constant control and/or
surveillance during transit and have the capability for immediate
communication to summon appropriate response or assistance; and
(III) use carriers that have established tracking systems
that require an authorized signature before releasing the package
for delivery or return.
(B) Shipments by rail.
(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 rail shipments are monitored by a telemetric
position monitoring system or an alternative tracking system reporting
to the licensee, third-party, or railroad communications center. The
communications center shall provide positive confirmation of the location
of the shipment and its status. The communications center shall implement
preplanned procedures in response to deviations from the authorized
route or to a notification of actual, attempted, or suspicious activities
related to the theft or diversion of a shipment. These procedures
will include the identification of and contact information for the
appropriate LLEA along the shipment route; and
(II) ensure that periodic reports to the communications
center are made at preset intervals.
(ii) Each licensee who transports, or delivers to a
carrier for transport, in a single shipment, a category 2 quantity
of radioactive material shall:
(I) use carriers that have established package tracking
systems. An established package tracking system is a documented, proven,
and reliable system routinely used to transport objects of value.
In order for a package tracking system to maintain constant control
and/or surveillance, the package tracking system must allow the shipper
or transporter to identify when and where the package was last and
when it should arrive at the next point of control;
(II) use carriers that maintain constant control and/or
surveillance during transit and have the capability for immediate
communication to summon appropriate response or assistance; and
(III) use carriers that have established tracking systems
that require an authorized signature before releasing the package
for delivery or return.
(C) Investigations.
(i) Each licensee who makes arrangements for the shipment
of category 1 quantities of radioactive material shall immediately
conduct an investigation upon the discovery that a category 1 shipment
is lost or missing.
(ii) Each licensee who makes arrangements for the shipment
of category 2 quantities of radioactive material shall immediately
conduct an investigation, in coordination with the receiving licensee,
of any shipment that has not arrived by the designated no-later-than
arrival time.
(23) Reporting of events during shipment.
(A) The shipping licensee shall notify the appropriate
LLEA and shall notify the department at (512) 458-7460 within one
hour of its determination that a shipment of category 1 quantities
of radioactive material is lost or missing. The appropriate LLEA would
be the law enforcement agency in the area of the shipment's last confirmed
location. During the investigation required by paragraph (22)(C) of
this subsection, the shipping licensee will provide agreed upon updates
to the department on the status of the investigation.
(B) The shipping licensee shall notify the department
at (512) 458-7460 within four hours of its determination that a shipment
of category 2 quantities of radioactive material is lost or missing.
If, after 24 hours of its determination that the shipment is lost
or missing, the radioactive material has not been located and secured,
the licensee shall immediately notify the department.
(C) The shipping licensee shall notify the designated
LLEA along the shipment route as soon as possible upon discovery of
any actual or attempted theft or diversion of a shipment or suspicious
activities related to the theft or diversion of a shipment of a category
1 quantity of radioactive material. As soon as possible after notifying
the LLEA, the licensee shall notify the department at (512) 458-7460
upon discovery of any actual or attempted theft or diversion of a
shipment, or any suspicious activity related to the shipment of category
1 radioactive material.
(D) The shipping licensee shall notify the department
at (512) 458-7460 as soon as possible upon discovery of any actual
or attempted theft or diversion of a shipment, or any suspicious activity
related to the shipment, of a category 2 quantity of radioactive material.
(E) The shipping licensee shall notify the department
at (512) 458-7460 and the LLEA as soon as possible upon recovery of
any lost or missing category 1 quantities of radioactive material.
(F) The shipping licensee shall notify the department
at (512) 458-7460 as soon as possible upon recovery of any lost or
missing category 2 quantities of radioactive material.
(G) The initial telephonic notification required by
subparagraphs (A) - (D) of this paragraph must be followed within
a period of 30 days by a written report submitted to the department.
A written report is not required for notifications on suspicious activities
required by subparagraphs (C) and (D) of this paragraph. The report
must set forth the following information:
(i) a description of the licensed material involved,
including kind, quantity, and chemical and physical form;
(ii) a description of the circumstances under which
the loss or theft occurred;
(iii) a statement of disposition, or probable disposition,
of the licensed material involved;
(iv) actions that have been taken, or will be taken,
to recover the material; and
(v) procedures or measures that have been, or will
be, adopted to ensure against a recurrence of the loss or theft of
licensed material.
(H) Subsequent to filing the written report, the licensee
shall also report any additional substantive information on the loss
or theft within 30 days after the licensee learns of such information.
(24) Form of records. Each record required by this
subsection shall be legible throughout the retention period specified
in the department's rules. The record may be the original or a reproduced
copy or a microform, provided that the copy or microform is authenticated
by authorized personnel and that the microform is capable of producing
a clear copy throughout the required retention period. The record
may also be stored in electronic media with the capability for producing
legible, accurate, and complete records during the required retention
period. Records such as letters, drawings, and specifications, must
include all pertinent information such as stamps, initials, and signatures.
The licensee shall maintain adequate safeguards against tampering
with and loss of records.
(25) Record retention. All records/documents referenced
in this subsection shall be made and maintained by the licensee for
inspection by the department in accordance with subsection (mm) of
this section. If a retention period is not otherwise specified, these
records must be retained until the department terminates the facility's
license. All records related to this subsection may be destroyed upon
department termination of the facility license.
(jj) Appendices.
(1) Subjects to be included in training courses:
(A) fundamentals of radiation safety:
(i) characteristics of radiation;
(ii) units of radiation dose (rem) and activity of
radioactivity (curie);
(iii) significance of radiation dose;
(I) radiation protection standards; and
(II) biological effects of radiation;
(iv) levels of radiation from sources of radiation;
(v) methods of controlling radiation dose;
(I) time;
(II) distance; and
(III) shielding;
(vi) radiation safety practices, including prevention
of contamination and methods of decontamination; and
(vii) discussion of internal exposure pathways;
(B) radiation detection instrumentation to be used:
(i) radiation survey instruments:
(I) operation;
(II) calibration; and
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