Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Notice required.
As specified in subparts 2 to 4, a licensee must provide
advance notification to:
A. the
commissioner, the governor of the state or the governor's designee, and the NRC
of a shipment of licensed material through or across the boundary of the state
before the transport, or delivery to a carrier for transport, of licensed
material outside the confines of the licensee's plant or other place of use or
storage; and
B. the Tribal official
of participating Tribes referenced in subpart 3, item B, or the officials
designee, of the shipment of licensed material, within or across the boundary
of the Tribes reservation, before the transport, or delivery to a carrier, for
transport, of licensed material outside the confines of the licensees plant or
other place of use or storage.
Subp.
2.
Shipments requiring notice.
Advance notification is required under this part for
shipments of licensed material, other than irradiated fuel, meeting the
following three conditions:
A. the
licensed material is required by parts 4731.0400 to 4731.0424 to be in Type B
packaging for transportation;
B.
the licensed material is being transported to or across the state boundary
enroute to a disposal facility or to a collection point for transport to a
disposal facility; and
C. the
quantity of licensed material in a single package exceeds the least of the
following:
(1) 3,000 times the
A1 value of radionuclides as specified in part 4731.0422
for special form radioactive material;
(2) 3,000 times the A2
value of radionuclides as specified in part 4731.0422 for normal form
radioactive material; or
(3) 27,000
Ci (1,000 TBq).
Subp.
3.
Procedures for submitting notification.
A. The notification required under this part
must:
(1) be made in writing to the
commissioner, the office of each appropriate state governor or governors
designee, the office of each appropriate Tribal official or Tribal officials
designee, and to the director, Office of Nuclear Security and Incident
Response, NRC;
(2) if delivered by
mail, be postmarked at least seven days before the beginning of the seven-day
period during which departure of the shipment is estimated to occur;
and
(3) if delivered by any other
means than mail, reach the office of the commissioner and the governor or
governors designee or the Tribal official or Tribal officials designee at least
four days before the beginning of the seven-day period during which departure
of the shipment is estimated to occur.
B. Contact information, including telephone
and mailing addresses of the governors designees and Tribal officials designees
of participating Tribes is available on the NRC website at:
https://scp.nrc.gov/special/designee.pdf.
The information is also 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.
C. The
licensee must retain a copy of the notification as a record for three
years.
Subp. 4.
Information to be furnished in advance notification of shipment.
An advance notification of shipment of irradiated reactor
fuel or nuclear waste must contain the following information:
A. the name, address, and telephone number of
the shipper, carrier, and receiver of the irradiated reactor fuel or nuclear
waste shipment;
B. a description of
the irradiated reactor fuel or nuclear waste contained in the shipment
according to DOT regulations in Code of Federal Regulations, title 49, sections
172.202 and 172.203, paragraph (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
boundaries 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.
Subp. 5.
Revision notice.
A licensee who finds that schedule information, previously
furnished under this part to the commissioner and a governor or governors
designee or a Tribal official or Tribal officials designee, will not be met
must telephone a responsible individual in the commissioners office and the
governor or governors designee or the Tribal official or the Tribal officials
designee and inform the individual of the extent of the delay beyond the
schedule originally reported.
Subp.
5a.
Record retained.
The licensee must maintain a record of the name of the
individual contacted for three years.
Subp. 6.
Cancellation notice.
A. A licensee who cancels an irradiated
reactor fuel or nuclear waste shipment for which advance notification has been
sent must send a cancellation notice to the commissioner, the governor of each
state or the governors designee previously notified, each Tribal official or
the Tribal officials designee previously notified, and the director, Office of
Nuclear Security and Incident Response, NRC.
B. The licensee must state in the notice that
it is a cancellation and identify the advance notification that is being
canceled.
C. The licensee must
retain a copy of the notice as a record for three years.
Statutory Authority: MS s
144.1202;
144.1203
