Section DHS 157.9720 - Physical protection during shipment(1) SHIPMENTS BY ROAD. (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: 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.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.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.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.5. Develop written normal and contingency procedures to address all the following: a. Notifications to the communication center and law enforcement agencies.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.c. Loss of communications.d. Responses to an actual or attempted theft or diversion of a shipment.6. Ensure that drivers, accompanying personnel, and movement control center personnel have access to the normal and contingency procedures.(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.(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: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.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; and3. Use carriers that have established tracking systems that require an authorized signature before releasing the package for delivery or return.(2) SHIPMENTS BY RAIL. (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: 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.2. Ensure that periodic reports to the communications center are made at preset intervals.(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: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.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.3. Use carriers that have established tracking systems that require an authorized signature before releasing the package for delivery or return.(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.Wis. Admin. Code Department of Health Services DHS 157.9720
Adopted by, 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, eff. 2/1/2018