| (r) 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 commission, the NRC, or an Agreement State shall meet the license
verification provisions listed in this subsection instead of those
listed in §336.331(d) of this title (relating to Transfer of
Radioactive Material):
(1) Any licensee transferring category 1 quantities
of radioactive material to a licensee of the commission, the NRC,
or an Agreement State, prior to 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.
(2) Any licensee transferring category 2 quantities
of radioactive material to a licensee of the commission, the NRC,
or an Agreement State, prior to 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.
(3) 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.
The certification must include the license number, current revision
number, issuing agency, expiration date, and for a category 1 shipment
the authorized address. The licensee shall keep a copy of the certification.
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.
(4) The transferor shall keep a copy of the verification
documentation as a record for three years.
(s) 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 subsection (r) of this section, this subsection, and subsections
(t) - (w) of this section unless the receiving licensee has agreed
in writing to arrange for the in-transit physical protection required
under subsection (r) of this section, this subsection, and subsections
(t) - (w) of this section.
(t) Preplanning and coordination of shipment of category
1 or category 2 quantities of radioactive material.
(1) 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:
(A) preplan and coordinate shipment arrival and departure
times with the receiving licensee;
(B) 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
(C) document the preplanning and coordination activities.
(2) 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.
(3) 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.
(4) 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 paragraph (2) of this subsection, shall promptly
notify the receiving licensee of the new no-later-than arrival time.
(5) The licensee shall retain a copy of the documentation
for preplanning and coordination and any revision thereof as a record
for three years.
(u) Advance notification of shipment of category 1
quantities of radioactive material. As specified in paragraphs (1)
and (2) of this subsection, each licensee shall provide advance notification
to the NRC, to the executive director, and the governor of a state,
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.
(1) Procedures for submitting advance notification.
(A) The notification must be made to the executive
director, to the commission, and to the office of each appropriate
governor or governor's designee. The contact information, including
telephone and mailing addresses, of governors and governors' designees,
is available on the NRC's website at https://scp.nrc.gov/special/designee.pdf.
A list of the 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.
(B) A notification delivered by mail must be postmarked
at least seven days before transport of the shipment commences at
the shipping facility.
(C) A notification delivered by any means other than
mail must reach the commission and the executive director at least
four days before the transport of the shipment commences and 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.
(2) 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:
(A) the name, address, and telephone number of the
shipper, carrier, and receiver of the category 1 radioactive material;
(B) the license numbers of the shipper and receiver;
(C) a description of the radioactive material contained
in the shipment, including the radionuclides and quantity;
(D) the point of origin of the shipment and the estimated
time and date that shipment will commence;
(E) the estimated time and date that the shipment is
expected to enter each state along the route;
(F) the estimated time and date of arrival of the shipment
at the destination; and
(G) a point of contact, with a telephone number, for
current shipment information.
(3) Revision notice.
(A) 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,
to the executive director, and to the commission.
(B) A licensee shall promptly notify the governor of
the state or the governor's designee of any changes to the information
provided in accordance with paragraph (2) of this subsection and subparagraph
(A) of this paragraph. The licensee shall also immediately notify
the commission and the executive director of any such changes.
(4) Cancellation notice. Each licensee who cancels
a 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, to the executive director, and to the
commission. The licensee shall send the cancellation notice before
the shipment would have commenced or as soon thereafter as possible.
The licensee shall state in the notice that it is a cancellation and
identify the advance notification that is being canceled.
(5) Records. The licensee shall retain a copy of the
advance notification and any revision and cancellation notices as
a record for three years.
Cont'd... |
