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I.EXECUTIVE ORDERS - page 138 / 359

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B.Nothing in Subsection A of this Section is to be interpreted as removing or diminishing the requirements of 10 CFR 73.24.

C.For a shipment of plutonium by air that is subject to Paragraph A.4 of this Section, the licensee shall, through special arrangement with the carrier, require compliance with 49 CFR 175.704, U.S. DOT regulations, applicable to the air transport of plutonium.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1268 (June 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2110 (October 2008).

§1518.Opening Instructions

A.Before delivery of a package to a carrier for transport, the licensee shall ensure that any special instructions needed to open the package safely have been sent to, or otherwise made available to, the consignee for the consignee's use in accordance with LAC 33:XV.455.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2104.B and 2113.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 34:2111 (October 2008).

§1519.Advance Notification of Shipment of Irradiated Reactor Fuel and Nuclear Waste [Formerly §1516]

A.As specified in Subsections B, C, and D of this Section, each licensee shall provide advance notification to the governor, or to the governor's designee, of the shipment of licensed material through, or across the boundary of, Louisiana 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. A list of the names and mailing addresses of the governors' designees receiving advance notification of transportation of nuclear waste was published in the Federal Register on June 30, 1995 (60 FR 34306), and the list will be published annually in the Federal Register on or about June 30 to reflect any changes in the information. The list of the names and mailing addresses of the governors' designees is also available on request from the Director, Office of State Programs, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Washington, DC 20555. In Louisiana, the governor's designee is the Louisiana State Police, 7919 Independence Boulevard, Box 66614 (#A2621), Baton Rouge, LA 70896–6614.

B.Advance notification is required for shipments of irradiated reactor fuel in quantities less than that subject to advance notification requirements of 10 CFR 73.37(f). Advance notification is also required for shipments of licensed material, other than irradiated fuel, meeting the following three conditions:

1.the licensed material is required to be in Type B packaging for transportation;
2.the licensed material is being transported to or across the boundary of the state 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:
a.for special form radioactive material, 3000 times the A1 value of the radionuclides as specified in Table A-1 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC 33:XV.1599.A;
b.for normal form radioactive material, 3000 times the A2 value of the radionuclides as specified in Table A-1 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC 33:XV.1599.A; or
c.1000 TBq (27,000 Ci).

C.The following procedures shall be used to submit advance notification.

1.The notification must be made in writing to the governor or to the governor's designee and to the Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Washington, DC 20555.
2.A notification delivered by mail must be postmarked at least seven days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.
3.A notification delivered by any means other than mail must reach the office of the governor or the governor's designee at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.
4.The licensee shall retain a copy of the notification as a record for three years.

D.Each advance notification of 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 U.S. DOT in 49 CFR 172.202 and 172.203(d);
3.the point of origin of the shipment, and the seven-day period during which departure of the shipment is estimated to occur;
4.the seven-day period during which arrival of the shipment at the boundary of the state is estimated to occur;
5.the destination of the shipment, and the seven-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.A licensee who finds that schedule information previously furnished to the governor or to the governor's designee, in accordance with this Section, will not be met shall telephone a responsible individual in the office of the governor 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 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 or to the governor's designee previously notified, and to the Director, Division of Nuclear Security, Office of Nuclear

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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