Chapter DHS 157

DHS 157.9717 DHS 157.9717 Transit.

DHS 157.9717(1) (1) For shipments of category 1 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in ss. DHS 157.9718 (1) and (5), 157.9719, 157.9720 (1) (a), (2) (a), and (3), and 157.9721 (1), (3), (5), (7), and (8).

DHS 157.9717(2) (2) For shipments of category 2 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in ss. DHS 157.9718 (2) to (5), 157.9720 (1) (b) and (c), (2) (b), and (3), and 157.9721 (2), (4), and (6) to (8). For those shipments of category 2 quantities of radioactive material that meet the criteria of s. DHS 157.94 (5) (b), the shipping licensee shall also comply with the advance notification provisions of s. DHS 157.94 (5).

DHS 157.9717(3) (3) The shipping licensee shall be responsible for meeting the requirements of this subchapter unless the receiving licensee has agreed in writing to implement the physical protection requirements under this subchapter for materials in transit.

DHS 157.9717 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.117 under s. 13.92 (4) (b) 1., Stats., correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., and correction in (1), (2) made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.9718 DHS 157.9718 Preplanning and coordination of shipments.

DHS 157.9718(1) (1) Any licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 1 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall complete all of the following:

DHS 157.9718(1)(a) (a) Preplan and coordinate shipment arrival and departure times with the receiving licensee.

DHS 157.9718(1)(b) (b) Preplan and coordinate shipment information with the governor or the governor’s designee of any state through which the shipment will pass to discuss the state’s intention to provide law enforcement escorts and identify safe havens.

DHS 157.9718(1)(c) (c) Document the preplanning and coordination activities.

DHS 157.9718(2) (2) Any licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 2 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall coordinate the shipment no-later-than arrival time and the expected shipment arrival with the receiving licensee. A licensee shall document the coordination activities.

DHS 157.9718(3) (3) Any licensee who receives a shipment of a category 2 quantity of radioactive material shall confirm receipt of the shipment with the originator. If the shipment has not arrived by the no-later-than arrival time, the receiving licensee shall notify the originator.

DHS 157.9718(4) (4) Any licensee who transports or plans to transport a shipment of a category 2 quantity of radioactive material, and determines that the shipment will arrive after the no-later-than arrival time provided under sub. (2), shall promptly notify the receiving licensee of the new no-later-than arrival time.

DHS 157.9718(5) (5) A licensee shall retain a copy of the documentation for preplanning and coordination, and any revision thereof, as a record for 3 years.

DHS 157.9718 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.118 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9719 DHS 157.9719 Advance notification of shipment. A licensee shall provide advanced notification, as provided in subs. (1) and (2),of the shipment of licensed material in a category 1 quantity, to, within, or across the boundary of the state, before the shipment, or before delivery to a carrier for shipment of the licensed material outside the confines of the licensee’s facility or other place of use or storage.

DHS 157.9719(1) (1) Procedures for submitting advance notification.

DHS 157.9719(1)(a) (a) The notification shall be made to the department and to the office of each governor or governor’s designee of any state to, within, or through which the material is shipped.

DHS 157.9719(1)(b) (b) A notification delivered by mail shall be postmarked at least 7 days before transport of the shipment commences at the shipping facility.

DHS 157.9719(1)(c) (c) A notification delivered by any means other than mail shall reach the department at least 4 days before the transport of the shipment commences and shall reach the office of any governor or the governor’s designee at least 4 days before transport of a shipment to, within, or through the state.

DHS 157.9719 Note Note: The contact information, including telephone and mailing addresses, of governors and governors’ designees, is available on the U.S. Nuclear Regulatory Commission website at http://scp.nrc.gov/special/designee.pdf. A list of the contact information is also available upon 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.

DHS 157.9719 Note Note: The department may be contacted at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI, 53701-2659. Telephone contact is: 608-267-4797 during normal business hours or 608-258-0099 after hours.

DHS 157.9719(2) (2) Information to be furnished in advance notification. Each advance notification of shipment of category 1 quantities of radioactive material shall contain all of the following information, if available at the time of notification:

DHS 157.9719(2)(a) (a) The name, address, and telephone number of the shipper, carrier, and receiver of the category 1 radioactive material.

DHS 157.9719(2)(b) (b) The license numbers of the shipper and receiver.

DHS 157.9719(2)(c) (c) A description of the radioactive material contained in the shipment, including the radionuclides and quantity.

DHS 157.9719(2)(d) (d) The point of origin of the shipment and the estimated time and date that shipment will commence.

DHS 157.9719(2)(e) (e) The estimated time and date that the shipment is expected to enter each state along the route.

DHS 157.9719(2)(f) (f) The estimated time and date of arrival of the shipment at the destination.

DHS 157.9719(2)(g) (g) A point of contact, with a telephone number, for current shipment information.

DHS 157.9719(3) (3) Revision notice.

DHS 157.9719(3)(a) (a) A 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 department.

DHS 157.9719(3)(b) (b) A licensee shall promptly notify the governor of the state or the governor’s designee of any changes to the information provided under subs. (1) and (3) (a). A licensee shall also immediately notify the department of any such changes.

DHS 157.9719(4) (4) Cancellation notice. Any licensee who cancels a shipment for which advance notification has been sent shall send a cancellation notice to the department and to the governor of each state or to the governor’s designee previously notified. 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 cancelled.

DHS 157.9719(5) (5) Records. A licensee shall retain a copy of the advance notification and any revision and cancellation notices as a record for 3 years.

DHS 157.9719(6) (6) 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 sub. (2) shall protect that information against unauthorized disclosure as specified in s. DHS 157.9708 (4).

DHS 157.9719 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.119 under s. 13.92 (4) (b) 1., Stats., and correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745; CR 22-015: am. (1) (a) Register June 2023 No. 810, eff. 7-1-23.

DHS 157.9720 DHS 157.9720 Physical protection during shipment.

DHS 157.9720(1) (1) Shipments by road.

DHS 157.9720(1)(a) (a) Any licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 1 quantity of radioactive material by road shall do all the following:

DHS 157.9720(1)(a)1. 1. Ensure that movement control centers are established to maintain position information of the shipment from a remote location. These movement control centers shall monitor shipments at all times, and have the ability to immediately communicate with the appropriate law enforcement agencies in an emergency.

DHS 157.9720(1)(a)2. 2. Ensure that redundant communications are established that allow the transporter to contact the escort vehicle and movement control center at all times. Redundant communications shall not be subject to the same interference factors as the primary communication.

DHS 157.9720(1)(a)3. 3. Ensure that shipments are continuously and actively monitored by a telemetric position monitoring system or an alternative tracking system reporting to a movement control center. A movement control center shall provide positive confirmation of the location, status, and control over the shipment. The movement control center shall be prepared to promptly implement preplanned procedures in response to deviations from the authorized route or a notification of actual, attempted, or suspicious activities related to the theft, loss, or diversion of a shipment. These procedures will include, but not be limited to, the identification of and contact information for the appropriate LLEA along the shipment route.

DHS 157.9720(1)(a)4. 4. Provide an individual to accompany the driver for highway shipments with a driving time period greater than the maximum number of allowable hours of service in a 24-hour duty day as established by the U.S. department of transportation federal motor carrier safety administration. The accompanying individual may be another driver.

DHS 157.9720(1)(a)5. 5. Develop written normal and contingency procedures to address all the following:

DHS 157.9720(1)(a)5.a. a. Notifications to the communication center and law enforcement agencies.

DHS 157.9720(1)(a)5.b. b. Communication protocols. Communication protocols shall include a strategy for the use of authentication codes and duress codes and provisions for refueling or other stops, detours, and locations where communication is expected to be temporarily lost.

DHS 157.9720(1)(a)5.c. c. Loss of communications.

DHS 157.9720(1)(a)5.d. d. Responses to an actual or attempted theft or diversion of a shipment.

DHS 157.9720(1)(a)6. 6. Ensure that drivers, accompanying personnel, and movement control center personnel have access to the normal and contingency procedures.

DHS 157.9720(1)(b) (b) Any licensee that transports category 2 quantities of radioactive material shall maintain constant control or surveillance or both during transit and have the capability for immediate communication to summon appropriate response or assistance.

DHS 157.9720(1)(c) (c) Any licensee who delivers to a carrier for transport, in a single shipment, a category 2 quantity of radioactive material shall do all of the following:

DHS 157.9720(1)(c)1. 1. Use carriers that have established package tracking systems. An established package tracking system is a documented, proven, and reliable system routinely used to transport objects of value. In order for a package tracking system to maintain constant control or surveillance or both, the package tracking system shall allow the shipper or transporter to identify when and where the package was last and when it should arrive at the next point of control.

DHS 157.9720(1)(c)2. 2. Use carriers that maintain constant control or surveillance or both during transit and have the capability for immediate communication to summon appropriate response or assistance; and

DHS 157.9720(1)(c)3. 3. Use carriers that have established tracking systems that require an authorized signature before releasing the package for delivery or return.

DHS 157.9720(2) (2) Shipments by rail.

DHS 157.9720(2)(a) (a) Any licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 1 quantity of radioactive material by rail shall do all the following:

DHS 157.9720(2)(a)1. 1. Ensure that rail shipments are monitored by a telemetric position monitoring system or an alternative tracking system that reports to the licensee, third party, or railroad communications center. The communications center shall provide positive confirmation of the location of the shipment and its status. The communications center shall implement preplanned procedures in response to deviations from the authorized route or to a notification of actual, attempted, or suspicious activities related to the theft or diversion of a shipment. These procedures will include, but not be limited to, the identification of and contact information for the appropriate LLEA along the shipment route.

DHS 157.9720(2)(a)2. 2. Ensure that periodic reports to the communications center are made at preset intervals.

DHS 157.9720(2)(b) (b) Any licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 2 quantity of radioactive material by rail shall do all the following:

DHS 157.9720(2)(b)1. 1. Use carriers that have established package tracking systems. An established package tracking system is a documented, proven, and reliable system routinely used to transport objects of value. In order for a package tracking system to maintain constant control or surveillance or both, the package tracking system shall allow the shipper or transporter to identify when and where the package was last reported and when it should arrive at the next point of control.

DHS 157.9720(2)(b)2. 2. Use carriers that maintain constant control or surveillance or both during transit and have the capability for immediate communication to summon appropriate response or assistance.

DHS 157.9720(2)(b)3. 3. Use carriers that have established tracking systems that require an authorized signature before releasing the package for delivery or return.

DHS 157.9720(3) (3) Investigations. Any licensee who makes arrangements for the shipment of category 1 quantities of radioactive material shall immediately conduct an investigation upon the discovery that a category 1 shipment is lost or missing. Any licensee who makes arrangements for the shipment of category 2 quantities of radioactive material shall immediately conduct an investigation, in coordination with the receiving licensee, of any shipment that has not arrived by the designated no-later-than arrival time.

DHS 157.9720 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.120 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9721 DHS 157.9721 Reporting of events during shipping.

DHS 157.9721(1) (1) The shipping licensee shall notify the LLEA in the area of the shipment’s last confirmed location and the department by telephone within one hour of its determination that a shipment of category 1 quantities of radioactive material is lost or missing. During the investigation required by s. DHS 157.9720 (3), the shipping licensee shall provide agreed upon updates to the department on the status of the investigation.

DHS 157.9721(2) (2) The shipping licensee shall initially notify the department by telephone within 4 hours of the shipping licensee’s determination that a shipment of category 2 quantities of radioactive material is lost or missing. The licensee shall further notify the department, if the radioactive material has not been located and secured after 24 hours of the initial determination that the shipment is lost or missing.

DHS 157.9721(3) (3) 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 the department by telephone 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.

DHS 157.9721(4) (4) The shipping licensee shall notify the department by telephone 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.

DHS 157.9721(5) (5) The shipping licensee shall notify the department by telephone and the LLEA as soon as possible upon recovery of any lost or missing category 1 quantities of radioactive material.

DHS 157.9721(6) (6) The shipping licensee shall notify the department by telephone as soon as possible upon recovery of any lost or missing category 2 quantities of radioactive material.

DHS 157.9721(7) (7) The licensee shall submit a written report to the department within 30 days of providing the telephone notification to an LLEA or the department of the discovery of any actual or attempted theft or diversion of a shipment under subs. (1) to (4). A written report is not required for notifications of suspicious activities related to a shipment. The report shall set forth all the following information:

DHS 157.9721(7)(a) (a) A description of the licensed material involved, including kind, quantity, and chemical and physical form.

DHS 157.9721(7)(b) (b) A description of the circumstances under which the loss or theft occurred.

DHS 157.9721(7)(c) (c) A statement of disposition, or probable disposition, of the licensed material involved.

DHS 157.9721(7)(d) (d) Actions that have been taken, or will be taken, to recover the material.

DHS 157.9721(7)(e) (e) Procedures or measures that have been, or will be, adopted to ensure against a recurrence of the loss or theft of licensed material.

DHS 157.9721(8) (8) After filing the written report under sub. (7), a licensee shall report to the department any additional substantive information on the loss or theft of the category 1 or category 2 quantity of radioactive material within 30 days after the licensee learns of such information.

DHS 157.9721 Note Note: The department may be contacted at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI, 53701-2659. Telephone contact is: 608-267-4797 during normal business hours or 608-258-0099 after hours.

DHS 157.9721 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.121 under s. 13.92 (4) (b) 1., Stats., and correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745.

DHS 157.9722 DHS 157.9722 Record requirements for the physical protection of Category 1 and 2 quantities of radioactive material.

DHS 157.9722(1) (1) Form of records. Each record required by this subchapter shall be legible throughout the retention period specified under sub. (2). The record may be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications shall include all pertinent information such as stamps, initials, and signatures. A licensee shall maintain adequate safeguards against tampering with and loss of records.

DHS 157.9722(2) (2) Record retention. A licensee shall maintain the records that are required under this subchapter for the period specified by the applicable provision. If a retention period is not otherwise specified, records shall be retained until the department terminates the facility’s license. All records related to this subchapter may be destroyed upon the department’s termination of the facility license.

DHS 157.9722 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.122 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.