Current through Register 1531, September 27, 2024
As specified in 105 CMR 120.075(A) and (B), each licensee
shall provide advanced notification to the Agency and to 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.
(A)
Procedures for
Submitting Advance Notification.
(1) The notification must be made to the
Agency 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 U.S. Nuclear Regulatory
Commission 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. Notifications to the Agency must be made
in accordance with
105 CMR
120.054.
(2) A notification delivered by mail must be
postmarked at least seven days before transport of the shipment commences at
the shipping facility.
(3) A
notification delivered by any means other than mail must reach the Agency 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.
(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:
(1) The name, address, and telephone number
of the shipper, carrier, and receiver of the category 1 radioactive
material;
(2) The license numbers
of the shipper and receiver;
(3) A
description of the radioactive material contained in the shipment, including
the radionuclides and quantity;
(4)
The point of origin of the shipment and the estimated time and date that
shipment will commence;
(5) The
estimated time and date that the shipment is expected to enter each State along
the route;
(6) The estimated time
and date of arrival of the shipment at the destination; and
(7) A point of contact, with a telephone
number, for current shipment information.
(C)
Revision Notice.
(1) 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 Agency by an appropriate method listed in
105 CMR
120.054.
(2) 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 paragraphs 105 CMR 120.075(B) and
(C)(1). The licensee shall also immediately notify the Agency of any such
changes.
(D)
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 and to the Agency. 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 cancelled.
(E)
Records. The
licensee shall retain a copy of the advance notification and any revision and
cancellation notices as a record for three years.
(F)
Protection of
Information. State officials, State employees, and other
individuals, whether or not licensees of the Agency, who receive schedule
information of the kind specified in 105 CMR 120.075(B) shall protect that
information against unauthorized disclosure as specified in
105 CMR
120.064(D).
