Current through Register Vol. 24-18, September 15, 2024
(1)
(a) As specified in subsections (2), (3), and
(4) of this section, each licensee shall provide advance notification to the
governor of a state, or the governor's designee, of the shipment of licensed
material, within 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.
(b) As specified in subsections (2), (3), and
(4) of this section, after June 11, 2013, each licensee shall provide advance
notification to the Tribal official of participating tribes referenced in
subsection (3)(c)(iii) of this section, or the official's designee, of the
shipment of licensed material within or across the boundary of the Tribe's
reservation 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.
(2)
Advance notification is required under this section for shipments of irradiated
reactor fuel in quantities less than that subject to advance notification
requirements of NRC regulations 10 C.F.R. 73.37(f). Advance notification is
also required under this section for shipment of licensed material, other than
irradiated fuel, meeting the following three conditions:
(a) The licensed material is required by this
section to be in Type B packaging for transportation;
(b) The licensed material is being
transported to or across a 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:
(i) Three thousand times the A1 value of the
radionuclides as specified in WAC 246-231-200, Table A-1 for special form
radioactive material;
(ii) Three
thousand times the A2 value of the radionuclides as specified in WAC
246-231-200, Table A-1 for normal form radioactive material; or
(iii) One thousand TBq (27,000 Ci).
(3) Procedures for
submitting advance notification.
(a) The
notification must be made in writing to the office of each appropriate governor
or governor's designee, to the office of each appropriate Tribal official or
Tribal official's designee, and to the Director, Office of Nuclear Security and
Incident Response.
(b) A
notification delivered by mail must 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 must reach the office of
the governor or the governor's designee, or of the Tribal official or the
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) Reserved.
(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, U.S. Nuclear Regulatory Commission, Washington,
D.C. 20555-0001.
(d) The
licensee shall retain a copy of the notification as a record for three
years.
(4) Information
to be furnished in advance notification of shipment. Each 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, as specified in the
regulations of DOT in 49 C.F.R. 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
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.
(5) Revision notice. 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.
(6) Cancellation
notice.
(a) Each licensee who cancels an
irradiated reactor fuel or nuclear 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, to each Tribal
official or to the Tribal official's designee previously notified, and to the
Director, Office of Nuclear Security and Incident Response.
(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.
