641—37.77(136C) Advance notification of shipment of category 1 quantities of radioactive material.
	37.77(1) As specified in 37.77(1)“a” and “b,” each licensee shall provide advance notification to the NRC and the governor of a state, or the governor’s designee, of the shipment of licensed material in a category 1 quantity, through or across the boundary of the state, 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.
	(1)	The notification must be made to the NRC and to the office of each appropriate governor or governor’s designee. The contact information, including telephone and mailing addresses, of governors and governors’ designees, is available on the NRC’s website at scp.nrc.gov/special/designee.pdf. A list of the contact information is also available upon request from the Director, Division of Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Notifications to the NRC must be to the NRC’s Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The notification to the NRC may be made by email to RAMQC_SHIPMENTS@nrc.gov or by fax to (301)816-5151.
	(2)	A notification delivered by mail must be postmarked at least seven days before transport of the shipment commences at the shipping facility.
	(3)	A notification delivered by any means other than mail must reach the NRC at least four days before the transport of the shipment commences and must reach the office of the governor or the governor’s designee at least four days before transport of a shipment within or through the state.
	b. 	Information to be furnished in advance notification of shipment. Each advance notification of shipment of category 1 quantities of radioactive material must 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 will 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. 	Revision notice.
	(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 the NRC’s Director of Nuclear Security, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
	(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 37.77(1)“b” and 37.77(1)“c”(1). The licensee shall also immediately notify the NRC’s Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, of any such changes.
	d. 	Cancellation notice. 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 the NRC’s Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The licensee shall send the cancellation notice before the shipment would have commenced or as soon thereafter as possible. The licensee shall state in the notice that it is a cancellation and identify the advance notification that is being canceled.
	e. 	Records. The licensee shall retain a copy of the advance notification and any revision and cancellation notices as a record for three years.
	f. 	Protection of information. State officials, state employees, and other individuals, whether or not licensees of the commission or an agreement state, who receive schedule information of the kind specified in 37.77(1)“b” shall protect that information against unauthorized disclosure as specified in 37.43(4).
[ARC 1479C, IAB 6/11/14, effective 7/16/14; ARC 3746C, IAB 4/11/18, effective 5/16/18]