[Code of Federal Regulations]

[Title 10, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR73.27]



[Page 413-414]

 

                            TITLE 10--ENERGY

 

          CHAPTER I--NUCLEAR REGULATORY COMMISSION (CONTINUED)

 

PART 73_PHYSICAL PROTECTION OF PLANTS AND MATERIALS--Table of Contents

 

Sec. 73.27  Notification requirements.



    (a)(1) A licensee who delivers formula quantities of strategic 

special nuclear material to a carrier for transport shall immediately 

notify the consignee by telephone, telegraph, or teletype, of the time 

of departure of the shipment, and shall notify or confirm with the 

consignee the method of transportation, including the names of carriers, 

and the estimated time of arrival of the shipment at its destination.

    (2) In the case of a shipment (f.o.b.) the point where it is 

delivered to a carrier for transport, a licensee shall, before the 

shipment is delivered to the carrier, obtain written certification from 

the licensee who is to take delivery of the shipment at the f.o.b. point 

that the physical protection arrangements required by Sec. Sec. 73.25 

and 73.26 for licensed shipments have been made. When a contractor 

exempt from the requirements for a Commission license is the consignee 

of a shipment, the licensee shall, before the shipment is delivered to 

the carrier, obtain written certification from the contractor who is to 

take delivery of the shipment at the f.o.b. point that the physical 

protection arrangements required by the United States Department of 

Energy Order Nos. 5632.1 or 5632.2, as appropriate, have been made.

    (3) A licensee who delivers formula quantities of strategic special 

nuclear material to a carrier for transport or releases such special 

nuclear material f.o.b. at the point where it is delivered to a carrier 

for transport shall also make arrangements with the consignee to be 

notified immediately by telephone and telegraph, teletype, or cable, of 

the arrival of the shipment at its destination or of any such shipment 

that is lost or unaccounted for after the estimated time of arrival at 

its destination.

    (b) Each licensee who receives a shipment of formula quantities of 

strategic



[[Page 414]]



special nuclear material shall immediately notify by telephone and 

telegraph or teletype, the person who delivered the material to a 

carrier for transport and the Director, Division of Nuclear Security, 

Office of Nuclear Security and Incident Response, of the arrival of the 

shipment at its destination. When a United States Department of Energy 

license-exempt contractor is the consignee, the licensee who is the 

consignor shall notify by telephone and telegraph, or teletype, the 

Director, Division of Nuclear Security, Office of Nuclear Security and 

Incident Response of the arrival of the shipment at its destination 

immediately upon being notified of the receipt of the shipment by the 

license-exempt contractor as arranged pursuant to paragraph (a)(3) of 

this section. In the event such a shipment fails to arrive at its 

destination at the estimated time, or in the case of an export shipment, 

the licensee who exported the shipment, shall immediately notify by 

telephone and telegraph or teletype, the Director, Division of Nuclear 

Security, Office of Nuclear Security and Incident Response, and the 

licensee or other person who delivered the material to a carrier for 

transport. The licensee who made the physical protection arrangements 

shall also immediately notify by telephone and telegraph, or teletype, 

the Director, Division of Nuclear Security, Office of Nuclear Security 

and Incident Response of the action being taken to trace the shipment.

    (c) Each licensee who makes arrangements for physical protection of 

a shipment of formula quantities of strategic special nuclear material 

as required by Sec. Sec. 73.25 and 73.26 shall immediately conduct a 

trace investigation of any shipment that is lost or unaccounted for 

after the estimated arrival time and file a report with the Commission 

as specified in Sec. 73.71.



[44 FR 68192, Nov. 28, 1979, as amended at 67 FR 3586, Jan. 25, 2002; 68 

FR 14530, Mar. 26, 2003; 68 FR 23575, May 5, 2003]