Kan. Admin. Regs. § 28-35-504 - Advance notification of shipment of certain types of licensed or registered material
(a)
(1) As specified in subsections (b), (c), and
(d), each licensee shall provide advance notification to the governor or the
governor's designee of each state of each shipment of licensed or registered
material through or across the boundary of that state. The licensee shall
provide this ad vance notification before transporting, or delivering to a
carrier for transport, any licensed or registered material outside the confines
of the licensee's plant or other place of use or storage.
(2) As specified in subsections (b), (c), and
(d), each licensee shall provide advance notification to the Indian tribal
official of participating tribes referenced in subsection (c), 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.
(b)
(1) The
advance notification specified in subsection (a) shall be required for each
shipment of irradiated reactor fuel containing 100 grams or less in net weight
of irradiated fuel, exclusive of cladding and any other structural or packaging
material, that has a total external radiation dose rate in excess of 100 rems
per hour at a distance of three feet from any accessible surface without
intervening shielding.
(2) The
advance notification specified in subsection (a) shall also be required for
each shipment of licensed or registered material, other than irradiated fuel,
meeting all of the following conditions:
(A)
The licensed or registered material is required to be shipped in a type B
package for transportation as specified in part 15 of these
regulations.
(B) The licensed or
registered 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.
(C) The quantity of
licensed or registered material in a single package exceeds the smaller of the
following:
(i) 3,000 times the A1 value of
the radionuclides as specified in 10 C.F.R. part 71, appendix A, which is
adopted by reference in K.A.R. 28-35-221b, for special form radioactive
material or 3,000 times the A2 value of the radionuclides as specified in
K.A.R. 28-35-221b for normal form radioactive material; and
(ii) 1,000 TBq (27,000 Ci).
(c) The
notification specified in subsection (b) shall meet the following requirements:
(1) The notification shall be submitted, in
writing, to the office of each appropriate governor or governor's designee and
each appropriate Indian tribal official or tribal official's designee and to
the director of the office of nuclear security and incident response.
(2) Each notification delivered by mail shall
be postmarked at least seven days before the beginning of the seven-day period
during which departure of the shipment is estimated by the licensee to
occur.
(3) Each notification
delivered by any means other than mail shall reach the office of each governor
or governor's designee and each appropriate Indian tribal official or tribal
official's designee at least four days before the beginning of the seven-day
period during which departure of the shipment is estimated by the licensee to
occur.
(4) Each licensee shall
retain a copy of the notification as a record for three years.
(d) Each advance notification of
any shipment of irradiated reactor fuel or nuclear waste shall 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 the U.S. department of transportation in
49 C.F.R.
172.202 and
172.203(d), dated
October 1, 2019, which are hereby adopted by reference;
(3) a shipment schedule, which shall include
the following information:
(A) The point of
origin of the shipment and a specification of the seven-day period during which
departure of the shipment is estimated by the licensee to occur;
(B) a specification of the seven-day period
during which arrival of the shipment at the state boundaries or tribal
reservation boundaries is estimated by the licensee to occur; and
(C) the destination of the shipment and a
specification of the seven-day period during which arrival of the shipment at
the destination is estimated by the licensee to occur; and
(4) the name of a contact person, including a
telephone number, for current shipment information.
(e) If any licensee finds out that the
shipment schedule previously furnished to any governor, governor's designee,
Indian tribal official, or tribal official's designee in accordance with this
regulation will not be met, that licensee shall perform the following:
(1) Telephone a responsible individual in the
office of the governor or governor's designee or the Indian tribal official or
the tribal official's designee as soon as practical after the licensee has
found out that the shipment schedule will not be met and inform that individual
of the revised schedule; and
(2)
maintain a record of the name of the responsible individual contacted and the
date of this contact for three years.
(f) 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 the
governor's designee or to the Indian tribal official or to the tribal
official's designee who was previously notified and to the director of the
office of nuclear security and incident response. The licensee shall state in
the notice that the notice is a cancellation and shall identify the advance
notification that is being canceled. The licensee shall retain a copy of the
notice as a record for three years.
Notes
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