Section He-P 4038.28 - Reporting of Shipping Events(a) The shipping licensee shall notify the appropriate LLEA and DHHS/RHS within 1 hour of its determination that a shipment of category 1 quantities of radioactive material is lost or missing. The appropriate LLEA shall be the law enforcement agency in the area of the shipment's last confirmed location. During the investigation required by He-P 4038.27(c), the shipping licensee shall provide agreed upon updates to DHHS/RHS on the status of the investigation.(b) The shipping licensee shall notify DHHS/RHS by calling 603-271-4588 Monday through Friday during regular business hours, 8:00 a.m.- 4:00 p.m., or at any other time outside of the aforementioned hours, shall notify the NH state police by calling 603-271-3636 within 4 hours of its determination that a shipment of category 2 quantities of radioactive material is lost or missing. If, after 24 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 DHHS/RHS that the missing radioactive material cannot be found.(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 1 quantity of radioactive material. As soon as possible after notifying the LLEA, the licensee shall notify DHHS/RHS by calling 603-271-4588 Monday through Friday during regular business hours, 8:00 a.m. - 4:00 p.m., or at any other time outside of the aforementioned hours, shall notify the NH state police by calling 603-271-3636 upon discovery of any actual or attempted theft or diversion of a shipment, or any suspicious activity related to the shipment of category 1 radioactive material.(d) The shipping licensee shall notify DHHS/RHS by calling 603-271-4588 Monday through Friday during regular business hours, 8:00 a.m. - 4:00 p.m., or at any other time outside of the aforementioned hours, shall notify the NH state police by calling 603-271-3636 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 2 quantity of radioactive material.(e) The shipping licensee shall notify DHHS/RHS by calling 603-271-4588 Monday through Friday during regular business hours, 8:00 a.m. - 4:00 p.m., and at any other time shall notify the NH state police by calling 603-271-3636, and the LLEA as soon as possible upon recovery of any lost or missing category 1 quantities of radioactive material.(f) The shipping licensee shall notify DHHS/RHS by calling 603-271-4588 Monday through Friday during regular business hours, 8:00 a.m. - 4:00 p.m., and at any other time shall notify the NH state police by calling 603-271-3636 as soon as possible upon recovery of any lost or missing category 2 quantities of radioactive material.(g) The initial telephonic notification required by He-P 4038.28(a) through (d) shall be followed within a period of 30 days by a written report submitted to DHHS/RHS by an appropriate method listed in He-P 4038.04. A written report is not required for notifications on suspicious activities required by He-P 4038.38(c) and (d). In addition, the written report provided to DHHS/RHS shall 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 shall be taken, to recover the material; and(5) Procedures or measures that have been, or shall 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 30 days after the licensee learns of such information.N.H. Admin. Code § He-P 4038.28
Derived From Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11105, Effective 5/25/2016, Expires 5/25/2026.Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12744, Effective 3/20/2019, Expires 3/20/2029.Amended by Number 15, Filed April 13, 2023, Proposed by #13598, Effective 3/24/2023, Expires 3/24/2033.