Administrative Code

Virginia Administrative Code
8/12/2022

Article 4. Operating Controls and Procedures

12VAC5-481-3060. Assumptions as to unknown properties of fissile material.

Article 4
Operating Controls and Procedures

When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee shall package the fissile material as if the unknown properties have credible values that will cause the maximum neutron multiplication.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006.

12VAC5-481-3070. Preliminary determinations.

Prior to the first use of any packaging for the shipment of radioactive material, the licensee shall ascertain that the determinations made in 10 CFR 71.85(a) through (c) have been made.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 24, Issue 18, eff. June 12, 2008; Volume 34, Issue 2, eff. October 18, 2017.

12VAC5-481-3080. Routine determinations.

Prior to each shipment of licensed material, the licensee shall determine that:

1. The package is proper for the contents to be shipped;

2. The package is in unimpaired physical condition except for superficial defects such as marks or dents;

3. Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects;

4. Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid;

5. Any pressure relief device is operable and set in accordance with written procedures;

6. The package has been loaded and closed in accordance with written procedures;

7. For fissile material, any moderator or neutron absorber, if required, is present and in proper condition;

8. Any structural part of the package that could be used to lift or tie down the package during transport is rendered inoperable for that purpose unless it satisfies design requirements specified in 10 CFR 71.45;

9. The level of nonfixed radioactive contamination on the external surfaces of each package offered for shipment is ALARA and within the limits specified in 49 CFR 173.443;

10. External radiation levels around the package and around the vehicle, if applicable, will not exceed the limits specified in 10 CFR 71.47 at any time during transportation; and

11. Accessible package surface temperatures will not exceed the limits specified in 10 CFR 71.43(g) at any time during transportation.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 24, Issue 18, eff. June 12, 2008.

12VAC5-481-3090. Air transport of plutonium.

Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this part or included indirectly by citation of the DOT regulations, as may be applicable, the licensee shall assure that plutonium in any form is not transported by air, or delivered to a carrier for air transport, unless:

1. The plutonium is contained in a medical device designed for individual human application;

2. The plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in Table A-2 of 12VAC5-481-3770 and in which the radioactivity is essentially uniformly distributed;

3. The plutonium is shipped in a single package containing no more than an A2 quantity of plutonium in any isotope or form and is shipped in accordance with 12VAC5-481-2980;

4. The plutonium is shipped in a package specifically authorized, in the CoC, issued by the NRC, for the shipment of plutonium by air and the licensee requires, through special arrangement with the carrier, compliance with 49 CFR 175.704, the DOT regulations applicable to the air transport of plutonium.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 24, Issue 18, eff. June 12, 2008.

12VAC5-481-3091. Opening instructions..

Before delivery of a package to a carrier for transport, the licensee shall ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for the consignee's use in accordance with 12VAC5-481-900.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 18, eff. June 12, 2008.

12VAC5-481-3100. Shipment records.

A. Each licensee shall maintain for a period of three years after shipment a record of each shipment of licensed material not exempt under 12VAC5-481-2970, showing, where applicable:

1. Identification of the packaging by model number and serial number;

2. Verification that the packaging, as shipped, had no significant defect;

3. Volume and identification of coolant;

4. Type and quantity of licensed material in each package, and the total quantity of each shipment;

5. Date of the shipment;

6. Name and address of the transferee;

7. Address to which the shipment was made; and

8. Results of the determinations required by 12VAC5-481-3080 and by the conditions of the package approval.

9. For each item of irradiated fissile material, in addition to the items listed in subdivisions 1 through 8 of this subsection, identification by model number and serial number; irradiation and decay history to the extent appropriate to demonstrate that its nuclear and thermal characteristics comply with license conditions; and any abnormal or unusual condition relevant to radiation safety.

10. For each fissile package and for Type B packages, in addition to the items listed in subdivisions 1 through 8 of this subsection, any special controls exercised.

B. Each licensee shall maintain, for a period of three years after the life of the packaging to which they apply, records identifying the packaging by model number, serial number, and date of manufacture.

C. The licensee shall make available to the agency for inspection, upon reasonable notice, all records required by this section. Records are valid if stamped, initialed, or signed and dated by authorized personnel, or otherwise authenticated.

D. The licensee shall maintain sufficient written records to furnish evidence of the quality of the packaging. The records to be maintained include results of the determinations made by 12VAC5-481-3000; design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of maintenance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability, and the actions to be taken in connection with any deficiencies noted. These records must be retained for three years after the life of the packaging to which they apply.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 34, Issue 2, eff. October 18, 2017.

12VAC5-481-3110. Reports.

The licensee shall report to the agency within 30 days:

1. Any instance in which there is significant reduction in the effectiveness of any packaging during use;

2. Details of any defects with safety significance in the packaging after first use, with the means employed to repair the defects and prevent their recurrence; or

3. Instances in which the conditions of approval in the CoC were not observed in making a shipment.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 24, Issue 18, eff. June 12, 2008.

12VAC5-481-3120. Advance notification of transport of nuclear waste.

A. Prior to the transport of any nuclear waste outside of the confines of the licensee's facility or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, each licensee shall provide advance notification of such transport.

B. Advance notification for transport of licensed material is required when:

1. The licensed material is required to be in Type B packaging for transportation;

2. The licensed material is being transported to or across state boundary 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:

a. 3000 times the A1 value of the radionuclides as specified in 12VAC5-481-3770;

b. 3000 times the A2 value of the radionuclides as specified in 12VAC5-481-3770; or

c. 1000 terabecquerel (27,000 curies).

C. Each advance notification required by subsections A and B of this section shall contain the following information:

1. The name, address, and telephone number of the shipper, carrier, and receiver of the shipment;

2. A description of the nuclear waste contained in the shipment as required by 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 state boundaries or tribal reservation boundaries 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.

D. The notification required by subsections A and B of this section shall be made in writing to each office of the governor or governor's designee, the office of each appropriate tribal official or tribal official's designee, and to the agency. A 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 to occur. A notification delivered by any other means than mail shall reach each office of the governor or governor's designee, the office of each appropriate tribal official or tribal official's designee, and the agency, at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur. A copy of the notification shall be retained by the licensee for three years.

1. A list of 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).

2. Contact information for each state, including telephone and mailing addresses of governors and governors' designees, and participating tribes, including telephone and mailing addresses of tribal officials and tribal officials' designees, is available on the NRC website at: https://scp.nrc.gov/special/designee.pdf.

3. A list of the names and mailing addresses of the governors' designees and tribal officials' designees of participating tribes is available on request from the Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

E. The licensee shall notify the governor or governor's designee, the office of each appropriate tribal official or tribal official's designee, and the agency of any changes to schedule information provided pursuant to subsections A and B of this section. Such notification shall be by telephone to a responsible individual in the office of the governor or governor's designee, the office of each appropriate tribal official or tribal official's designee, and the agency. The licensee shall maintain for three years a record of the name of the individual contacted.

F. Each licensee who cancels a nuclear waste shipment, for which advance notification has been sent, shall send a cancellation notice, identifying the advance notification that is being canceled, to the governor or governor's designee, the office of each appropriate tribal official or tribal official's designee, and to the agency. A copy of the notice shall be retained by the licensee for three years.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 24, Issue 18, eff. June 12, 2008; Volume 32, Issue 24, eff. August 25, 2016; Volume 33, Issue 11, eff. February 22, 2017; Volume 37, Issue 25, eff. January 14, 2022.

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