| (A) The records to be maintained include:
(i) results of the determinations required by subsection
(k) of this section;
(ii) design, fabrication, and assembly records;
(iii) results of reviews, inspections, tests, and audits;
(iv) results of monitoring work performance and materials
analyses; and
(v) results of maintenance, modification, and repair
activities.
(B) Inspection, test, and audit records must identify
the:
(i) inspector or data recorder;
(ii) type of observation;
(iii) results;
(iv) acceptability; and
(v) action taken in connection with any deficiencies
noted.
(C) These records must be retained for three years
after the life of the packaging to which they apply.
(p) Reports. The transporter and shipper shall immediately
report by telephone all radioactive waste transportation accidents
to the department, at (512) 458-7460, and the local emergency management
officials in the county where the radioactive waste accident occurs.
All other accidents involving radioactive material shall be reported
in accordance with §289.202(xx) and (yy) of this title.
(q) Advance notification of transport of irradiated
reactor fuel and certain radioactive waste.
(1) As specified in paragraphs (3) - (5) of this subsection,
each licensee shall provide advance notification to the governor of
a state, or the governor's designee, of the shipment of radioactive
waste, within or across the boundary of the state, before the transport,
or delivery to a carrier, for transport, of radioactive waste outside
the confines of the licensee's facility or other place of use or storage.
(2) As specified in paragraphs (3) - (5) of this subsection,
after June 11, 2013, each licensee shall provide advance notification
to the Tribal official of participating Tribes referenced in paragraph
(4)(C)(iii) of this subsection, or the official's designee, of the
shipment of radioactive waste, within or across the boundary of the
Tribe's reservation, before the transport, or delivery to a carrier,
for transport, of radioactive waste outside the confines of the licensee's
facility or other place of use or storage.
(3) Advanced notification is also required under this
subsection for the shipment of licensed radioactive material, other
than irradiated fuel, meeting the following three conditions:
(A) the radioactive waste is required by this section
to be in Type B packaging for transportation;
(B) the radioactive waste is being transported to or
across a state boundary en route to a disposal facility or to a collection
point for transport to a disposal facility; and
(C) the quantity of radioactive waste in a single package
exceeds the least of the following:
(i) 3,000 times the A1 value
of the radionuclides as specified in subsection (ee) of this section
for special form radioactive material;
(ii) 3,000 times the A2 value
of the radionuclides as specified in subsection (ee) of this section
for normal form radioactive material; or
(iii) 1,000 terabecquerels (TBq) (27,000 curies (Ci)).
(4) The following are procedures for submitting advance
notification:
(A) The notification shall be made in writing to:
(i) the office of each appropriate governor or governor's
designee and to the department;
(ii) the office of each appropriate Tribal official
or Tribal official's designee; and
(iii) the Director, Office of Nuclear Security and
Incident Response.
(B) A notification delivered by mail shall be postmarked
at least seven days before the beginning of the seven-day period during
which departure of the shipment is estimated to occur.
(C) A notification delivered by any other means than
mail shall reach the office of the governor or of the governor's designee
or the Tribal official or Tribal official's designee at least four
days before the beginning of the seven-day period during which departure
of the shipment is estimated to occur.
(i) A list of the names and mailing addresses of the
governors' designees receiving advance notification of transportation
of radioactive waste was published in the Federal Register on June
30, 1995 (60 FR 34306).
(ii) Contact information for each state, including
telephone and mailing addresses of governors and governors' designees,
and participating Tribes, including telephone and mailing addresses
of Tribal officials and Tribal official's designees, is available
on the NRC website at: https://scp.nrc.gov/special/designee.pdf.
(iii) A list of the names and mailing addresses of
the governors' designees and Tribal officials' designees of participating
Tribes is available on request from the Director, Division of Materials
Safety, Security, State, and Tribal Programs, Office of Nuclear Material
Safety and Safeguards, United States Nuclear Regulatory Commission,
Washington, DC 20555-0001.
(D) The licensee shall retain a copy of the notification
for inspection by the department as a record for three years.
(5) Each advance notification of shipment of irradiated
reactor fuel or radioactive waste shall contain the following information:
(A) the name, address, and telephone number of the
shipper, carrier, and receiver of the irradiated reactor fuel or radioactive
waste shipment;
(B) a description of the irradiated reactor fuel or
radioactive waste contained in the shipment, as specified in the regulations
of DOT in Title 49, CFR, §172.202 and §172.203(d);
(C) the point of origin of the shipment and the seven-day
period during which departure of the shipment is estimated to occur;
(D) the seven-day period during which arrival of the
shipment at state boundaries or Tribal reservation is estimated to
occur;
(E) the destination of the shipment, and the seven-day
period during which arrival of the shipment is estimated to occur;
and
(F) a point of contact, with a telephone number, for
current shipment information.
(6) A licensee who finds that schedule information
previously furnished to a governor or governor's designee or a Tribal
official or Tribal official's designee, in accordance with this section,
will not be met, shall telephone a responsible individual in the office
of the governor of the state or of the governor's designee or the
Tribal official or the Tribal official's designee and inform that
individual of the extent of the delay beyond the schedule originally
reported. The licensee shall maintain a record of the name of the
individual contacted for three years.
(7) The following are procedures for a cancellation
notice.
(A) Each licensee who cancels an irradiated reactor
fuel or radioactive waste shipment for which advance notification
has been sent shall send a cancellation notice to the governor of
each state or to the governor's designee previously notified, each
Tribal official or to the Tribal official's designee previously notified,
and to the Director, Office of Nuclear Security and Incident Response,
and to the department.
(B) The licensee shall state in the notice that it
is a cancellation and identify the advance notification that is being
canceled. The licensee shall retain a copy of the notice as a record
for three years.
(r) Emergency plan registration requirements.
(1) Each shipper and transporter of radioactive waste
shall submit an emergency plan to the department and receive a registration
letter from the department before initial shipment.
(2) A freight forwarder must submit an emergency plan
in order to become a registered freight forwarder.
(3) Each shipper, transporter or freight forwarder
applying for registration shall submit a Business Information Form
(RC 252-1).
(4) Shipper and freight forwarder registrations expire
10 years from the date of issuance. New documentation to renew the
registration must be submitted at least 30 days before the expiration
date.
(s) Quality assurance requirements.
(1) Purpose. This subsection describes quality assurance
requirements applying to design, purchase, fabrication, handling,
shipping, storing, cleaning, assembly, inspection, testing, operation,
maintenance, repair, and modification of components of packaging that
are important to safety.
(A) Quality Assurance comprises all those planned and
systematic actions necessary to provide adequate confidence that a
system or component will perform satisfactorily in service.
Cont'd... |
