Section He-P 4038.26 - Advance Notification of Shipment of Category 1 Quantities of Radioactive Material As specified in He-P 4038.26(a) and (b), each licensee shall provide advance notification to the governor of a state, or the governor's designee and DHHS/RHS of the shipment of licensed material in a category 1 quantity, through or across the boundary of New Hampshire, before the transport, or delivery to a carrier for transport of the licensed material outside the confines of the licensee's facility or other place of use or storage.
(a) Procedures for submitting advance notification shall be:(1) Made to DHHS/RHS, and the office of each appropriate governor or governor's designee. Notification to DHHS/RHS shall be as specified in He-P 4038.04. The contact information, including telephone and mailing addresses, of governors and governors' designees, is available on the NRC's website at https://scp.nrc.gov/special/designee.pdf. A list of the contact information is also available upon request by sending the request to the Director, Division of Material Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The notification to the NRC may also be made by email to RAMQC_SHIPMENTS@nrc.gov or by fax to 301-816-5151;(2) Delivered by mail and shall be postmarked at least 7 days before transport of the shipment commences at the shipping facility; and(3) Delivered by any means other than mail and shall reach DHHS/RHS at least 4 days before the transport of the shipment commences and shall reach the office of the governor or the governor's designee at least 4 days before transport of a shipment within or through the state.(b) Each advance notification of shipment of category 1 quantities of radioactive material shall contain the following information, if available at the time of notification: (1) The name, address, and telephone number of the shipper, carrier, and receiver of the category 1 radioactive material;(2) The license numbers of the shipper and receiver;(3) A description of the radioactive material contained in the shipment, including the radionuclides and quantity;(4) The point of origin of the shipment and the estimated time and date that shipment shall commence;(5) The estimated time and date that the shipment is expected to enter each state along the route;(6) The estimated time and date of arrival of the shipment at the destination; and(7) A point of contact, with a telephone number, for current shipment information.(c) Notices shall be revised according to the following:(1) The licensee shall provide any information not previously available at the time of the initial notification, as soon as the information becomes available but not later than commencement of the shipment, to the governor of the state or the governor's designee, and to DHHS/RHS.(2) A licensee shall promptly notify the governor of the state or the governor's designee of any changes to the information provided in accordance with He-P 4038.26(b) and (c) (1) of this section. The licensee shall also immediately notify DHHS/RHS of any such changes.(d) Each licensee who cancels a 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 DHHS/RHS. The licensee shall send the cancellation notice before the shipment would have commenced or as soon as possible thereafter. The licensee shall state in the notice that there is a cancellation of shipment and as a result the advance notification of shipment is no longer applicable and the shipment is being withdrawn.(e) The licensee shall retain, and make available for review, a copy of the advance notification and any revision and cancellation notices as a record for 3 years.(f) State officials, state employees, and other individuals, whether or not licensees of the DHHS/RHS, an agreement state, or the NRC, who receive schedule information of the kind specified in He-P 4038.26(b) shall protect that information against unauthorized disclosure as specified in He-P 4038.15(d)N.H. Admin. Code § He-P 4038.26
Derived From Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11105, Effective 5/25/2016, Expires 5/25/2026.Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12055, Effective 11/19/2016, Expires 11/19/2026.Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12744, Effective 3/20/2019, Expires 3/20/2029.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12931, Effective 11/26/2019, Expires 11/26/2029.Amended by Number 15, Filed April 13, 2023, Proposed by #13598, Effective 3/24/2023, Expires 3/24/2033.