10 C.F.R. § 71.97 Advance notification of shipment of irradiated reactor fuel and nuclear waste.
Title 10 - Energy
(a) As specified in paragraphs (b), (c) and (d) 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, 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. (b) Advance notification is required under this section for shipments of irradiated reactor fuel in quantities less than that subject to advance notification requirements of §73.37(f) of this chapter. Advance notification is also required under this section for shipment of licensed material, other than irradiated fuel, meeting the following three conditions: (1) The licensed material is required by this part to be in Type B packaging for transportation; (2) The licensed material 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 (3) The quantity of licensed material in a single package exceeds the least of the following: (i) 3000 times the A1 value of the radionuclides as specified in appendix A, Table A–1 for special form radioactive material; (ii) 3000 times the A2 value of the radionuclides as specified in appendix A, Table A–1 for normal form radioactive material; or (iii) 1000 TBq (27,000 Ci). (c) Procedures for submitting advance notification. (1) The notification must be made in writing to the office of each appropriate governor or governor's designee and to the Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response. (2) A notification delivered by mail must be postmarked at least 7 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur. (3) A notification delivered by any other means than mail must reach the office of the governor or of the governor's designee at least 4 days before the beginning of the 7-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 nuclear waste was published in the (ii) The list will be published annually in the (iii) A list of the names and mailing addresses of the governors' designees is available on request from the Director, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. (4) The licensee shall retain a copy of the notification as a record for 3 years. (d) 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: (1) The name, address, and telephone number of the shipper, carrier, and receiver of the irradiated reactor fuel or nuclear waste shipment; (2) A description of the irradiated reactor fuel or nuclear waste contained in the shipment, as specified in the regulations of DOT in 49 CFR 172.202 and 172.203(d); (3) The point of origin of the shipment and the 7-day period during which departure of the shipment is estimated to occur; (4) The 7-day period during which arrival of the shipment at State boundaries is estimated to occur; (5) The destination of the shipment, and the 7-day period during which arrival of the shipment is estimated to occur; and (6) A point of contact, with a telephone number, for current shipment information. (e) Revision notice. A licensee who finds that schedule information previously furnished to a governor or governor'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 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 3 years. (f) Cancellation notice. (1) 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, and to the Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response. (2) 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 3 years. [60 FR 50264, Sept. 28, 1995, as amended at 67 FR 3586, Jan. 25, 2002; 68 FR 14529, Mar. 26, 2003; 68 FR 23575, May 5, 2003; 68 FR 58818, Oct. 10, 2003]
Title 10: Energy
PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
Subpart G—Operating Controls and Procedures
§ 71.97 Advance notification of shipment of irradiated reactor fuel and nuclear waste.
