Ohio Admin. Code 3701:1-37-28 - Reporting of transportation events
(A) The shipping licensee shall notify the
appropriate LLEA and the director in accordance with rule
3701:1-37-05 of the
Administrative Code within one hour of its determination that a shipment of
category one quantities of radioactive material is lost or missing. The
appropriate LLEA would be the law enforcement agency in the area of the
shipment's last confirmed location. During the investigation required by
paragraph (C) of rule
3701:1-37-27 of the
Administrative Code, the shipping licensee will provide agreed upon updates to
the director on the status of the investigation.
(B) The shipping licensee shall notify the
director in accordance with rule
3701:1-37-05 of the
Administrative Code within four hours of its determination that a shipment of
category two quantities of radioactive material is lost or missing. If, after
twenty-four hours of its determination that the shipment is lost or missing,
the radioactive material has not been located and secured, the licensee shall
immediately notify the director.
(C) The shipping licensee shall notify the
designated LLEA along the shipment route as soon as possible upon discovery of
any actual or attempted theft or diversion of a shipment or suspicious
activities related to the theft or diversion of a shipment of a category one
quantity of radioactive material. As soon as possible after notifying the LLEA,
the licensee shall notify the director in accordance with rule
3701:1-37-05 of the
Administrative Code upon discovery of any actual or attempted theft or
diversion of a shipment, or any suspicious activity related to the shipment of
category one radioactive material.
(D) The shipping licensee shall notify the
director in accordance with rule
3701:1-37-05 of the
Administrative Code as soon as possible upon discovery of any actual or
attempted theft or diversion of a shipment, or any suspicious activity related
to the shipment, of a category two quantity of radioactive material.
(E) The shipping licensee shall notify the
director in accordance with rule
3701:1-37-05 of the
Administrative Code and the LLEA as soon as possible upon recovery of any lost
or missing category one quantities of radioactive material.
(F) The shipping licensee shall notify the
director in accordance with rule
3701:1-37-05 of the
Administrative Code as soon as possible upon recovery of any lost or missing
category two quantities of radioactive materials.
(G) The initial telephonic notification
required by paragraphs (A) to (D) of this rule must be followed within a period
of thirty days by a written report submitted to the director by an appropriate
method listed in rule
3701:1-37-04 of the
Administrative Code. A written report is not required for notifications on
suspicious activities required by paragraphs (C) and (D) of this rule.
In addition, the licensee shall provide one copy of
the written report addressed to the "Director, Division of Security Policy,
Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001." The report must set forth the
following information:
(1) A description of
the licensed material involved, including kind, quantity, and chemical and
physical form;
(2) A description of
the circumstances under which the loss or theft occurred;
(3) A statement of disposition, or probable
disposition, of the licensed material involved;
(4) Actions that have been taken, or will be
taken, to recover the material; and
(5) Procedures or measures that have been, or
will be, adopted to ensure against a recurrence of the loss or theft of
licensed material.
(H)
Subsequent to filing the written report, the licensee shall also report any
additional substantive information on the loss or theft within thirty days
after the licensee learns of such information.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.06
Prior Effective Dates: 10/01/2014
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