Packaging and Transport of Radioactive Material Regulations (No. 368 of 2011)

Packaging and Transport 0/ Radioactive Material Re~lIlations, 2011 G.N No. 368 (contd.) G OVERNMENT NOTICE No. 368 publ ished o n 4/ 11 /20 II Ti lE ATOM IC ENERGY ACT (CAl'. 188) REGULATIONS TIlE PACKAG ING AND TRANSPORT 0 1' RADIOAcnVE MATU{IAL REGULATIONS. 2011 Regulariol/s I. Citation 2.Application 3. Interpretation A RRANGEMENT OF R EGUL.ATIONS Tille PART I A pl'L.lCATION !'OR L ICENCE 4. Licence 10 transport category I, II , and III o r rad ioacti ve material. 5. Licence to transport while 0 11 tran sit. 6. Licence to package or InltlSport Llndcr spec ial arrangement. 7. Exemptions for licence requircmcnts. PART III CERTIFICATION OF PACKAGES, SPECIAL FORM RADIOAenvE M ATERIAL. AND Low D ISI'ERSIIlL.E R ADIOACTIVE MATERIAL 8. Application foreertification. 9. Rerusal to certify. 10. Decerti fiealioll . II . Opportu nity to be heard. 10 Packaging and Transport of Radioactive Material Regulations, 2011 G.N No. 368 (COli/d.) PART IV PACKAGES, SPECIAL FORM RADIOACTIVE MATERIAl .• Low D ISPERSIilLE R ADIOACTIVE MATE!(IAL ANI) PACKAGING 12. Production of packages. 13. Production or possession of special fo rm radi oacti ve material and low dispersible radioactive material. [4 . Qua[ity assurance programme for sl>cc ia[ form rad ioactivc material and low dispersible radioact ive material. 15. Registration of use of packages. PART V PACKAGING AND TRANSPORT OF ~\J)IOACTWI: MATERIAl. 16. General obl igat ions. 17. Packaging for transport. 18. Transport documents. 19. Radiat ion protection programmc. 20. Dangerous occurrences. 21. Accidental re lease. 22. Opening of packages. 23. Undeliverablcconsignmenls. 24. Records to be kept and rctained. II Packaging and Tramporl a/Radioaclive Material Regll/(lfians. 2011 G.N No. 368 (contd.) THE ATOMIC ENERGY ACT (CAP. 188) REGULATIONS (Made IIlIder Sec/ioll 70) TIIF. PACKAGING AND TRANSPORT Of RADIO"CIWE MATERI"L REGUI.AT IONS, 20 11 PART I PRELIMINARY I. These Regulations may be cited as the Packaging and Transport of Radioactive Material Regu lat ions, 20 I I. 2.-( I) These Regulation sha ll apply to the packaging and transport of radioactive material, design, production, usc, inspection, maintenance and rcpairofpackages, the preparation, consigning, hand ling, loading, carriage, storage during transport, receipt at final dest ination, unloadi ngofpackages. (2) These Regulations shall not apply to packages, packing and from sport of nuclear substance. (a) that is implanted in or incorporated into a person or an animal for medica l purposes, or that subsists in the remai ns of a person; (b) that is contained in a sample of male rial taken for biossay purposes; (c) that is contained in human or 'lI1imal tisslle or an irna I remains. or a liquid scinti llation medium, where the specific activity orille nuclear substance averaged over the mass of the material docs nOI exceed 10· A2/kg; (d) that is contained in consumer products where no licence is required under section 21 of the Act; (e) that is an integral part ofa conveyance and required for transport purposes; (f) having an activity concentrat ion thai docs not exceed the values 12 Citation t\pphca· tiou Packaging and Tran.~port of Radioactive Material Regulations, 2011 Inlnpre tation Cap. 188 G.N No. 368 (con/d.) for an cxcmpt matcrial spccificd in paragraphs 401 to 406 of the IAEA Reglilations: (g) in a cons ignmcnt having a total activity that docs not excced thc "act ivity limit for an cxcmpt consignment"spec ified in paragraphs 40 I to 406 of thc IAEII Regulatiolls; or (h) consisting of naturalmatcrial and orcs containing naturally-occurring radionuclides that either arc in their natural state, o r have been proccssed only for purposes other than fo r extraction o f those radionuclides, and that is not intended to be processed for usc of those radionuclides, provided th e activity concentrat ion of the materia l does not exceed 10 times the "activ ity concentrat ion for an excmpt material" values specified in paragraphs 40 1 to 406 of the IAEA RegulatiollS; 3. In these Regulations unless the context otherwise requires "A I ,. and "A2" has a meaning ascribed to it under paragraph 20 I of the IAEA Reglilatiolls; " Act" means the Atomic Ellergy Act; "act ivity" means the number of nuclear transformations occu rring per unit oft irne as measured in becqucre ls; "carrier" mean a person, an organ izat ion or government lll1dcrtaking the carriage of radioaclive material by any means of transport and it includes carri ers for hirc or rcward and carriers on own accou nt; "cert ificatc" means a document issued by the Commission indicating that a package design, a dcs ign for special form radioactive matcrial s or a des ign for low dispe rsible radioactive material is cert ified; "commission" means the Tanzania Atomic Energy Commission established under section 5 of the Ac t; "confi nement syste m" means the assembly or liss il c material and packaging eomponcnts in tended to prescrve crit ical ity safety; "consignee" means a person who rece ives a consign ment o r a person to whom a consignment is being or is intended to be transported; "consignment" has the meaning ascribed 10 it under paragraph 211 of the IAEA Regulatiolls: "consignor" has the meaning ass igned to that term by paragraph 212 of the IAEA Regulclfiolls; 13 • Packaging and Transport of RadioaClive Nlateria/ Regulations, 20/1 G.N No. 368 (cum(1.j "conta inment system" has the meaning ascribed to it under 21) of the [AEA Regl/latiolls: "contamination" has the meaning ascribed 10 it under paragraph 214 of the IAEA Regulations; "conveyance" has the meaning ascribed to it under paragraph 217 arlhc IAEA Regulaliolls; "criticality safety index" has the meaning ascribed to it under paragraph 218 o f Ihe MEA Regulatiolls; "depicted uranium" has the meaning ascribed to it under paragm ph 246 of the IAI:./J Regulations; "effective dose" has the meaning ascribed to it uncleI' scct ion2( I) o rlilc Aef; "equivalent dose" has the nlcaning ascribed to it lInder section 2( I) of the Ael; "excepted package" means a package that mcets the requi rements of paragraph 515 of the IAEA Reglllar;ollS ; " Excl usive lise" has the meaning ascribed to it Lind er paragraph 221 of the IAEA Regulations; "exposure device" means a radiation device that is designed for carrying out gamma radiography, and includes any accessory 10 Ihe device such as a scaled source assembly, a dri ve mechanism, a sca led source assembly guide tube and an exposure head ; " fissi le materia l" has the mean ing ascribed to it under paragraph 222 of the IAEA Regulations; "IAEA" means the International Atomic Energy Agency; "IAEA Regula/ions"' means the Regulation /ur Ihe Sa/e Trallsporf 0/ Radioactil'e Material 2005 edition published by the International Atomic Energy Agency; " International Marit ime Dangerous Goods Code" mcnns the dangerolls goods code published by the Internationa l Mari timc Organization, ns amended from time to time; "licensed activity" means an activity described in section II (1) of the Act that a licence authorizes the liccnsee to carry; " low dispersib le radioactive mntcrial" Illcnns matcrial described in paragraph 225 of the IAEA Regulatioll.\' that con forms to pamgraphs 605 and 712 of those Regu lations:" "LSA-J material" means; 14 ! Packaging and Transport of Radioactive Material Re~lIlations. 2011 G.N No. 368 (con/d) (a) orcs cont ai ning naturally occurring rael iOllllclidcs with n uraniu m and thoriulll concentration not greater than Iwa per cenl by mass: (b) rad ioactive material for which the A 2 \illuc is unl imited, exc luding fissile materia l in quantities not excepted under p<lragraph 672 of the lAtA Regulations and orcs tl1<l1 arc not described in paragraph (a); (c) unirradiatcd thorium or un irradiated n:ltural or depIcted uranium concentrates; (d) mill tailings, contarninated earlh, concrete, rubble. olher debris and activated materials in which the rndioactivc materials is essent ially uniformly distributed and the average specific tlc(ivity docs not exceed 10-0 A2/g: or (e) other radioactive material in \\ hich the aell' il)' is distributed throughout and the estimated specific activity docs not exceed 30 times the values for activity concentration specified in paragraphs 40 I to 406 of thc IAEA Regulatiolls, excluding fissile material in qu<mtities not excepted under paragraph 672 of those Rcgldations: "LSA·II material" mcans (a) less than 225 li tres of water with a tritium concentration not greater than 0.8 TBq/L; or (b) material in which the act ivity is distributed throughout and the est imatcd average specific activity does not excecd 10 1t\2/g lor so lids and gases, and I O·s A2/g for liquids; "LSA·1Il material" means material described in paragraph 226(c) of the IAEA Regulations that conforms to paragraph 60 I of those Regulations; '"natural uranium" has lhe ascribcd to il under p:lragraph 246 of the IAEA Regulations; ""package" means packaging with its radioac ti ve con tent s, as presented fo r transport; "packaging"' has the meaning assigned to Ihat lerm by paragraph 23 I of the IAEA Reglliatioll"~; "quality assurancc" has the meaning ascribed to it under paragraph 232 of the IA/:./J Regu/alivllS: "qual ity assurance program"" mean a syslemalic programme ol"coll tro ls and inspec tions appl ied by any organi;':!!l iOIl or body in volved in the ti"ansport of nuclea r substances which is (1 imed <It prov iding adcquate 15 Packaging and Transport of Radioaclil'(t Aia((tJ'ial R('!~l"ations, 2011 G.N No. 368 (coll/d.) confidence that the standard ofsafcty prescribcd in Ihese Regulations is achieved in practiec: "ladioact ivc material" means a nuclear sllbstllllCC Ihal is a material described in paragraph 236 of the [AEA Regula/io/ls: " radon progeny" means thc following radioaclivc dccay producls of radon 222: bismuth 214, lead 214, polonium 21 t1 and polon iUII1 2 18: "uscr" has the meaning assi gned to that tcrm by sec ti on 2( 1) orthc Act: "SeQ·)" means a surface contaminatcd objec t as dclillcd in paragraph 241 (a) of the /AEA Regulations; "SeQ·II" means a surface contaminated object. as defined in paragraph 241(b) of the JAEA Reguloriom: "speeial arrangement" has thc meaning ascribed to il under paragraph 238 of the JAEA ReglilOliolls; "spccial form radioactivc material" mcans a matcrial described in paragraph 239 of tile /AEA Regulatiolls thflt conionns 10 paragra phs 602 to 604 of those Rcgulations; "spcci fie activity" has the ascribed 10 it uncler paragrnph 2/fO ofl ile IA EA Regular iOI1.~ ; "Techniea l lnstruelions for the safe TranspOJ1 of D,mgcrous Goods by Air" means the document orlhat namc, dcsignalcd as Doc 9284·ANI 90S, publ ishcd by the International Civ il Aviation Qrg:lIlizalion, as amended from time to timc; "trans it" means Ihe process of bcing lransported through Ihe ' I'anzania after being importcd into and bcforc being cxpOl1cd li'tml Tanzan ia, in a situation where the place of in itialloac1 in g <Ind I hc Ii IInl desl ination are outside Tanzania; " transport index" has the meaning asc ribed 10 it undcl' plIrngraph 243 of the IAEA Regulatiolls; " type A package" means a package Iha l is designed to mcct the requirements of paragraph 413, 414 and 633 ollhe ME·j Ue,l!,lIlaliol1S; "type B packagc" means a packagc Ihat is dcsigncd to mcct thc requirements of paragraph 415 or 416 and paragraph 650 or 665 of thc JAEA Regula/iolls ; "type e packagc" means a pnckagc Iha1 is de sit!ncd to m~et thc requiremcnts of paragraphs 417 and 667 or thc IAfA Ueg,lIfa/ioJls ; "typc H(M) packagc" means an exceptcd packagc. typc lI' ~ i packagc, type Ip·2 package, type l P~3 package that me~t thc requ iremcnts of paragraph 632 ofthc JAEA Regula/iollS and eon\OIills morc Ihan 0.1 16 p(lcka~ing and Transport of Radioaclil'e Malel'ial Rep-lila/ions, 201 J ti\:ence 10 Iransport calcgory I. tl orttt of nuctear mmcrlat G .. \' No. 368 (contd.) kg oruranium hexanuoride Illtlicrilllihal is nolfissiic matcria l; 'C type H(U) pac kage" means an excepted package. type [P- l pac kage, type [P-2 package, type [P·3 package or I) pe!\ packagc thai meets requirerncnts of pn r<lgraph 629 orthc IAJ:'A Rep,lI{(aiolls and contai ns more than 0.1 kg or ura nium hcx[1nuoridc Ilwterialt hat in nol fi ss il e matcria l; "type Ip·I paekagc" means a pnekage that is designed to mcct the requ ircments of paragraph 4 I 1 and 621 or the IAI:"II Regula/iolls: "typc IP-2 package" mcans a package that is des igned to mect the requirements or ~aragraphs Ii 11 and tlI 2 or the IIIEA Regulatious and (a) paragraph 622 orthose I egulations: or (b) the requ iremem for a type IP-2 package ill paragraphs 624 to 628 of those Rcgu lat ions. "Iype IP-3 pac kage" Illcans a pilckage that is dcsign ed to mcet the rcq uirclllcllls of paragraphs ,II! all d ,112 or the IAEA Regulations and- . (a) paragraph 623 or those R.cgulations: or (b) the requirements fo r a Type- 11'-3 package ill pmagraphs (, '.~ 5 to 628 of those Regulati ons. ''LlIlirrad iared thorium" has the mcaning. assigned to Ihi1\ Icrm by paragraph 244 o r the IAEA Reglllatiolls; " uni rrad i:lted uranium" has the I11caningas~iglH:d to thaI term by pa ragraph 245 of Ihc IAEA Regulatioll.\"; PART II Ar'I'LlCATIOr;s IOj{ I .[(TN('I' 4.-( I)An appl ication for:1 liecnce to transport Category I,ll , or II I nuclear mate rial as defined in section 5.2 oi" lhe Physical Proteclioll of Nuclear Mate,.ial and NlIcleal' Facili/ies. otller than a licensc to t ransport while in t ransit or a lice nse to transport un de r specia l arrangement, sha ll be made \0 Ihc COlll miss ion and it shal l contain the fo llowing illfonnat ion; (a) the applicant's name lind busincss address; (b) the activ ity to be liccnscd a nd its purpose; 17 PackaJ{ing and Transport of Radioactive Almeria/ ReJ!,lI/lItioI1S, 201/ G.N No. 368 (comd.) (c) Iha name, maximum quanl ily and form or nuclear substance to be encompassed by the li cence: (d) a description of any nuclear facilit)'. prescribed eqlliplllelll or presc ribed information to bc encompassed by the li cence ; (e) tba proposed measures 10 ensure eompl iance \\ illl the Atomic Energy (Protectioll frolll IUlli:ill?, Radialioll J Reglllations. GN No. 209. 200~: (f) the proposed measures to conlrol access 10 Ihe site of the activity to be licensed and the nuclear substance. prescribed equipment or prescribed information: (g) the proposed measures to preycnlloss or illegal use. possession or removal of the nuclear substance, prescribed I.!quipillent or prescribed information; (h) a description and the results of any lest. :111:1I)'si5 or ca Icu lalion performed to substantiate the information included in the application; (i) the name, quantity, form. origin and volume orallY radioactive waste or hazardous waste that may result fromlhe activity to be licensed, including waste than my be stored, managed, processed or disposed or of at the sile of the activity to be licensed, and the proposed method for nWI;lging :lI1d disposing of that wastc; m the applicant's organi7 .. ntionalmanagclllcnt st ructure insofar as it may bcar on the applicant's com pliance \\ ilh the Act and the regulations made under the Act. including the internal allocation offullctions, responsibilities ami nutllorily; (k)a description of any proposed linancial guaran tee reiating to the activi ty to be licensed; and (I) any ot her information required by the .-lei or the regulations made under the Aet for the activity to be licl.!n scd and the nuclear substance, nuclear facility, prescribed cquipmenl or prescribed information to be encompassed by Ihe license. (2) The Commission, mny require any other information that is necessary to delenlline whcther the applicant: 18 Packaging and Tramport of /?adioaCliI'f! Maferial Re)!,lIlolions, 2011 G.lr No. 368 (COli/d.) (a) is qualified to carryon the activit)' 10 be licenscd; or (b) wil l in carrying onlha l act ivity. l1lal\c adequate provision fo r the protection of the cilv ironment. thc hcalth llnd sa fety of persons and Ihc mai ntcnance of nal ional secu ri, y and measures req u ircd to implcrncnl internationa l ob ligat ions to wh ich Ta n7..an ia has agreed. (J)An application for a license 10 transport Category [, II , or [I I nuclear material shall conta in . in addition to any othcr inlonnation requircd by subregulation [ o f regulation 4 and 5 of'thesc regulations, a written transportation secu rity plan inc ludes: (a) the name, qualliity, radiation Icve l in Gylh. chemica l and physical charactcristics and isotopic composition oflhc nuclcar material; (b) a threat assessmcnt consist ing oLm cvaluat ion of the nature, likelihood and consequcnces Of ,lctS or evcnts that may place prescribed in formation or !luele:l!, material at risk; (e) a desc ription of the conveya nce: (d) the proposed secu rity measures: (e) the communication mrangcJ11cnts madc ,1 1110ng tile licensee, the operator or the land vehicle trnnsporting the nuclear material, the recipienl oflhe material and anyolT-site response fo rce a long the route; (I) the arrangement s made between the licensee and any 01'1' site response force along the rou te; (g) the planned route; and (h) the a lternate route to be used in case o f an emergency. Liccnc~ 5. An app lication for a licence to tl'1l1lsport a nuclear substance to wh ile in transit shall be made 10 the COlllmission and shall contain the transpOrt Ilhile in fol/owing infonlmtion: transit (a) the name, addrcss ,md te lephonc number orthe consign€lr; a description oflhc nuelcar substance. includi ng the name, the chem ical and physic<l l rOI'lI1, Ihe activity or in th e case of 19 • Packaging and Transport of Radio(lCfil'e MlIfcria/ Reglllatio ns , 201 J G.N No. 368 (coll/d.) fi ssil e material, the mass of each nuclear substance in a package and the total quantity ofllic act ivit) or mass in the consignment; (b) the country of origin o f the Iluclear SllbstallCC: (e) the name and address of eac h consignee; (d) the reason fo r se lecting a roule through Tanzania: (e) the name of every carrier; (0 the route and schedule; (g) the dates t imes and locations of arrival into and departure from Tanzania; (h) the date t ime and location of any scheduled SlOp or transhipment in Tanzania: (i) where the nuc lear substance is required to be transported in a package of a certified design or in a package that has been approved as Type l3(U}96, Type C·96 or II(U)·96 by a foreign competent authority in accordance with the ;lppl icable process speci fied in thc IAEA Re1!lIlaliolls, the number of the certificate or approval applicable to the p;lckage: U) the number of packages that arc to bc transported; (k) the type of conveyance to be use during trans it ; (I) where a vesse l is to be lI sed as a conveyance during transit, the name of the vessel and its !lag, state; (m) fo r a special use vessel to be as a conveyancc during transit, a document issued by the competent authority o rthe vesse l's nag state approving a radiation protection programme; (n) where the nuclear substance is \0 be transpot1ed by sea, the Intemotional Maritime Dallgerous Goods Code Iranspot1 schedule number for the nuclear sllbstance: (0) the United Nations !lumber fOf thc nuclear substancc: (p) where the nuclear substance is Category L II or 111 nuclear materia l as defined in regulation 4.1 oftlv:se regulations, the information requircd by regulation 3 of these Regulations. 20 Packaging and Transport of Radioactive Material Re[!,ullilions, 2011 licence <0 package transport Ullder spcdal arrange ment E){emp tions fl om licence require ment G.N No. 368 (conlll.) 6. An application for a liccn ce 10 pack or transport a nuclcar substance under spccial nrrangcmcill shall co nlain, in addition 10 the information rcquired by regulntion 3 oflhese Regulations, the information specified in paragraph 825 of the fA elf Negll/ariol1s. 7.-( \)A person may transpon a nuclear substance without a licence to carry on that acti vity, except in the followi ng cases: (a) the nuclear substancc is Category 1.11 or III nuclear material, as stated in regulation 11.1 of these regulations and is transported outside an arca in whiellthe material is required to be processed, used or stored by the ACf. (b) the nuclear substance is 0. 1 kg or more of uranium hexafluoride and is transported whi le in transit: (e) the nuclear substance is required to be transported in a package ofa certified dcsign or in a pnckage that has been approved as Type B(U)-96 Type C-96 or II(U)-96 by a fo reign competcnt authority in accordance with the process specified in the IAEA Negllfation,\' and is transpol1ed wh ile in transit; or (d) th e nuclear subs tance is transported under special arrangcment. (2) A person may possess, transfer, import, export, usc abandon, produce or servicc a package, speeinl form radioactive material or low dispersibl e radioactive material withoLLt a licence to carryon that activity. (3) A person may package a IHlclear su bsl:i nce without a licence to carry on that activity, exccpt if the nucle:lr substance is required to bc transported under a special arrangemcnt: (4) for greater certainty, the excmptions establishcd in sub regulations (I) to (3) orthis regulation relate only to the activities specified in those sub-regulation and do not derogatc frollithe licence requirement imposed by section 11 (I) of the Act in relillion to olhcr activities. 21 Packaging and Transport of Radioactive Material Regulations, 2011 G.N No. 368 (con/d.) PART III CERTIFICAT[ON OF PACKAGES, S['I;CIA[. FORM R AI)IOACTIV1' M ATERIAL AND Low DIS['ERSlBLE RADIOACTIVE M ATI'RIAL 8.-( 1) The Commission may celtify a package des ign. a design for special form radioactive material or a design for low dispersi ble radioactive ancr receivi ng an applicat ion that includes the following information: (a) the infonnatioll refcrred to in paragraph 803. S05(b), 807. 810 and 813 of the /AEA Regula/iolls. as applicable: (b) the number of ally approval isslled by a foreign competent authority in accordance with the applicable process spec ified in the IAEA Regulations; (c) in respect of a package design: (i) the recommended inspection and serv ic ing program, and (i i) instruction for packaging. transp0l1 receiving. maintenance and unpackaging; and at the request of the Commission, unyother il1fol'lnalion that is necessary to cnable the Commission to determine irthe application forcertilicat ion meets the req uirements of these Regulations. (2) An applicant shall alTord the Commiss ion a reasonable opportunity to obscrve any test thai the applicant conducts to demonstrate compliance of a package desi gn, a design for specinl form radi oactive material or a design for low dispersib le radioacti vc materinl with these Regu lations, including reasonable not ice oC tile d.:lt e and time of the test. (3) The Commission may re-certify a design eel1ilied under sub regulation ( I) of this regu lation if its technical speci lications have not changed and the Commission receives an application from the cel1ificale holder no later than 60 days after the expirc dale of the certificate. The application shall include the fo llowing inlonnniion: (a) statement confirming that thc draw ings and proccdurcs previously subm itted have 1I0t changed or, if they ha ve 22 Applicn lion for ccrli!lc:, lion Packaging and Transport of Radioactive Material ReXlIlations, 2011 G,N No. 368 (collld) changed, a copy of the revi sed dl'[l wings and procedures and a statement confirm ing that the clw nges arc wi thout techn ical significance and do not affecl the sarcty of the desi gn; (b) a statement confinning that each p:lckage has been maintained in compliance with th e drawings and procedures prev ious ly submitted; (c) in respect ofa package design, a statemcnt confirming that the instructions previously submilled have not changed; (d) unless previously submincd. the modelnumbcr and drawings of any capsule containing radi O:lcli ve material ; , (e) in respect of a certified package design, other than one referred to in paragraph (I), a list of the seria l numbers of packages manufactured and maintained in accordance with the certi fied package design; (f) in respect of a certified package design that was certified after approval by II forei gn comp~tent authority, a li st of tile serial numbers of all paekagcs current Iy in lise or intended to be used in Tanzania; (g) a li st of the known llsers of tile latest certified package design; (11) a summary of the maintenance performed and any operational or mai ntena nce problems encou ntcred with the package, including the date, nature of the mainte nance or a prob lem and any action taken; (i) in respect of a design originating in a foreign country, a copy of each package design approval document or lowdispersible radioactive material approval document issued by the foreign competent authority since the lasl cert ification; U> a copy of the documents submitted to the foreign competent authority in order to obtain a package des ign approval document referred to in paragraph (i): and (k) at the request of the Commiss ion, .111) other information that is necessa ry to enable the Commission to detennrne if the appl ication mects the applicable requirements of these Regulations. 23 r Packaging and Tramporl of RadioaCfh'e Material ReKu/aliol1s, 2011 G.IV No. 368 (con/d.) 9 .-( I) The commission shal l noti fy a person who ha s applied forthe Rcfusnl to certification ofa package design, a design for special form rad ioactive certify material or adesign for low dispersible radioactive material ora proposed decision not to certify the des ign, as we ll as the bas is for Ihe proposed decision. at least thirty days before refusi ng to CCfli (y il. (2) The notice shal l include a description or th e person's ri ght 10 be prov ided with an 0pp0l1unity 10 be heard in accordance w ith the proced ure referred to in regu lation II a rlhesc Regula ti ons. I O.-{ I) The Commission sha ll notify a person to whom a certificate fo r a package design, a design fo r spec ial fonn radioac tive material or a design for lowdi spcrsib le radioactive material has been issued and, in the ease of a certificate for a package des ign. any lI ser o f:1 package of that design, o fa proposed dec ision to dese rtify the design as well as the bas is fo r the proposed decision , at least thirty days before dccertify ing it. 11 .· ( I) Where a person referred to in regulation 8 o r 9 or a user referred to in sect ion 9 has rece ived a notice and has req llested, w ithin 30 days after the date of receipt of the notice. an opportunity 10 bc heard either o rally.o r in writing, the person or the user shall be prov ided wi th sllch an opportunity in accordance with the request. (2) On completion of a hea rin g held in acconl;lIlce with sub regulation (I), every person and user who was noti fied in llccordance with regulation 8 01' 9 of these regulati ons shall be noti fied oft[le dec ision and the reasons fo r it. (3) Where ne ither a person referred to in regulation 8 0 1' 9 nor a lIscr referred to in regulation 9 reCJuests an opportunit y to be heard wit hin the period referred to in sub-regu lation ( I ), Ihey sh:dJ be nOlified of the decision and the reasons for it. PART IV PACKAGES SPECIAL FORM RADIO,\CTIVE M ATERIAl Low DISI'I;RSUILE R ADlOACfIVE M ATI:;RIALAND PACKi\(,]NG 12.-(1 ) A person shalillot produce a package of:l ce rtified design unless that package is produced in accordance wilh the speci fi cations set Ollt in the certificate. 24 (kcertifi cation OpporUl ni t)' 10 be heard produc tion or plH:kagcs Packaging and Transport of Radioactive Material Regulations, 2011 G.N No. 368 (collld) Produc tion or pOS5eSSIon of special rorrn radioac Ih'e malerlal and low dlspt'rsible fild loac II\'e malerial (2) [very person who produces a package ofa certified design shall clearly mark the pac kage wi lh the ccrli tica le num ber and design number and serial number; 13.-( 1) A person shall not produce speein l form radioactive materi al unless that lnaterials is: (a) ofa certi fi ed design: and (b) produced in accordance wil h the specifications set a li t in the certificate. (2) EveI)' person who prod uces special form radioactive material shall identify it by making it, or any source holder to which it is pennanently attached, in a legib le and durab le manner. unless: (3) No person shall possess special forlll radioacti ve materia l (a) it is ofa certified design; or (b) it has been approved by a foreign COJlI petent authority in accordance with the applicab lc process specified in the IAEA Regula/iol/s. (4 ) Evcry pe rsall who produces or possesses specia l for 111 radioactive material approved \til de!' the IA1:A Regula/iolls sha ll act in accordance with paragraph 818 of the 1II ""A Re~ l/la/iol1s. (5)Aperson shall not produce low dispersible radioactive material unless the usc of the pncknge is registered by the Commission. (a) it is of a certified design; and (b) it is prod uced in accordance with the spec ifica tions SCI Ollt in the cCl1ificate. (6) Every person \\ho produces low dispersib le radioactive material shall identify it by tllarking it in a legible and durable manner. (7) No person shall possess low dispersible rad ioac ti ve materia l unless it is or a certified design. 25 , Packaging and Tra/1jpOrl of Radioactive Material Regulations, 2011 G.N No. 368 (cQl1Id) 14. Every person who designs, produces, tests. lI ses, inspects, maintains or repa irs a package, specia l form rmli ollct ivc material or low dispersib le radioactive material shall;. (a) implement and maintain a written qua lity aSSurance program in accordance with paragraph J [0 of the IAEA Regu/oliol/s; (b) keep a record of the program and orany informat ion collected under the program; and reta in the record ofinfonnat ion collected under the programme for the period ending two years aner th e date on which the package is removed from service. 15.·(1) No person shall usc a package ora certified design unless they have received confirmation frorn the Comm iss ion that lheir lISC of the package has been registered by the COlll llliss ion. (2) The Commission shall register a person 's use of a package ora certified design after receiving the following information from the person. (a) the person 's name, address, telephone number and fax number; (b) the name of a person who ca n be con tacted for tra nsp0l1 purposes; (c) the number ofany licence Ihal the person holds in respect of the contents of the package; (d) the number of any approval issued by a forcign competent authority in accordance with the appl ica ble process speci fied in the IAEA Regu/afiolls; (e) the design number and seria l number lor the package; and a statement confimling that the person possesses the instructions necessary to prepare the package for shipment, as set a lit in the certificate fo r the package design. 26 Qu~lity assurance progrnm ro< packages, special form radioac· tive material and low dispers. ible radiaac th'e material RegIstra tion of use of packages Packaging and Tl'(fmpOrJ of Radioaclit'e il1merial Regulations, 2011 General obligJ lions Packages r" Iransport G.N No. 368 (COI1ld.) PART V PACKAGING AND T RANSI'OHT OF R/\Ulo/\CTrVE MATERIAL 16.-(1) Every peron who transpon s, or cause 10 be transported, radioactive material sha ll aClllCCol·dance witli th e requirements of these Regulations. (2) Every consignor. other than a consignor o f an excepted package, shall act in accorda nce wit h par;lgmphs 550 to 561 of the MEA Regulal i ons. (3) Every consignor of an c .... ce pted package shall act 111 accordance with paragraph 55-'1 of the IAt/1 ReKIIIlIlions. (4) Evcry consignor of radioact ive matcrial shall ad vise the consignee that the materia l is go ing to bc transported . (5) Every ca rrier ofmdioaclive rnarerial shall act in accordance with paragraphs 562 to 569 and 57 I to 580 of the IAEA Regula/iolls. (6) Every carrier of radioncti ve material shall transport the material in accordancc wirh Ih e cons ignor·s in slnrctiOlls . (7) Every carrier ofrndioac ti ve marerial shall implement and maintain work procedures to ensu re com pliallce wi th these Regulations and shall keep a record o rlhose procedures. 17.-( I) Subjecllo sub.regulalions (2) and (3) ofthis Regulation a consignor or ca rrier shall 110t present lor transport, radioactive material unless: (a) the material is cOlllained ill: 0) an excepted package~ (ii) a Type IP-/. Type IP·2 or Type Ii> 3 package; (ii i) a Type A package; (iv) a Type 0 or ·I) /pe C packllge or a cer1ified design; (v) a package ror fissi le 1ll:!lcrinl or a cer1ified design; 27 • • Packaging and Tral1spol'l of Radiuactive Alaterial Regula/ions, 2011 G.N No. 368 (contd.j (vi) a package for 0.1 kg or morl! ofurnnium hcxaOuoridc of a ccrt iricd design; (v ii) a package whose design is in accordallce with the criteria set out ;n paragraph 815 of the III EA Negufatiolls and for whi ch package cCI1ificulion is not otherwise required under these Regulations, iflllc 1l1f11crial is packaged ill accordance with thaI paragr:lI)h. or (v iii) packaging manufactured \0 a package design certified in accordance with the criteria sci out ;n pmagraph 816 or 817 of the IAEA Reglilations. where the material is packaged in accordance with those paragraphs; and (b) the activity or mass orthe material is \\ ithin the applicab le limits referred to in pllragrnphs !f08 to!f 15 lind .11 7 to 419 or the IAEA Regulatiol/s. (2) Notwithstanding sub-regulation (I), a consignor tllay present for transport, and a carrier may transport. (a) radioact ive materia l under spcc ialllrrangctlll,.'llt; (b) a packagc that is ill tran sit and IhM is or a dcsign 111(Il has been approved as a Type (UI3)-9G or Type or Type C-t)6 package by a fo reign competent authority in accordance with thc app licablc process spcci fied in the !AHA Regula/ioJ/s; or; (c) package containing 0.1 kg or mo re of urllnill!l1 hexafluoride of a design that has been approved as II(U)-96 by a foreign competent authority in accord ance w ith the npplicnble pror.:css specified in the IAEA Regulations. (3) Sub-regulation (1) does not apply to a consignor who prescnts ror transport or a carrier who transports LSJ\ -I material or an SeQ-I 11\ accordance with paragraph 523 orthe MEA Rr.:gll/atiol/s. (4) Subject to sub-regu lation (5), every consignor and carrier o r radioactive material shal l act in accordance '\ ilh paragraph 50 I to 547 of the !AEA Regulations; 28 Packaging and Tramport o/Radioactive Material Regulations, 2011 G.N No. 368 (con/d) (5) A consignor may present for transport, nnd a carricr may transport, radioactive materi al in a package thM is not labelled in accordance with paragraphs 541 to 543 of the 1;1£;1 Regula/iolls i r the package: (a) is an cxpos ure dev ice ofa certified model tlnd (i) is to be transported, o r is tran sported , under cxclus ive use, (ii) has clearly marked on it the word " RADIOACTIVE", the basic trefo il symbol set Ollt in Figure I in Section V of the IAEA Regllialiom,' and the lltlme. address and telephone nu!nber of the person who is authori zed by a license to possess th e radioactive materi al that it contain s, (iii) has clearly stamped on ii, 0 1- visibly and legib ly inscribed on a durable stee l or brass lag that is readi ly visib le and securely afTixed to it by means ofmelal fasteners, the name, quantity in I3ecquerel , date of measurement of Lhat quantity and form of the radioact ive maLerialtlHlt it contains, as well as the maximu m permiss ibl e acti vity of the pm;kage, and (iv) is transpOited by a vehi cle th at di splays on each side and on each end a placard for substances of Class 7 specified in the Transportation o f DlIngerous Goods Reg u lat ions, UN Recol11ll1endllt ions; (b) is an excepted package; (c) con tains only LSA-ll11aterial olher than uraniUIll hexanuoride and (i) is to be transpolted, or is trans ported, under exclus ive use; (ii) has clearly marked on if the words " RADIOACTIVE LSA-J EXCLUSIVE USE", and (iii) is tra nsported by a vehicle thaL di splays on each side and on each end a placard fo r substances of C lass 7 specified in the Transportation o f Dangero lls Goods Regu lations , UN Recommendations; or (d) is labelled in accordance with the Illtemational Maritime Dangerolls Good~ Code or fhe Technical IlIslruclions for the Safe Trtll1spol'/ of DOllgerom,' Goods by Air. 29 Packaging and Transport 0/ RaciioactiJ'(! Material Reglilations, 2011 G.N No. 368 (call/d) Dal1gerolls Goods Code or /lte Techllical Ills/rllctiolls for /he Safe Trallspor/ of Dangerolls Good.\' by Ail: 18.-( 1) Subject lo subsect ion (2), Cvctyconsignor of radioactive material shall include in the transpol1 documents fo r the cOllsignmcntthc infOITIlfit ion referred to in paragraph 549 of the lAtA Regulatiolls which shall be clearly and indelib ly printed in lhe documents. (2) Su b-regu lation (I) docs not app ly: (a) with respect to an excepted package; or (b)to a consignor who provides transport documcn ts that have been prepa red in accordance with Ihe II/lema/irma} Maritime Dangerous Goods Code or the Technic;J l lnSlrUc\ ions for the Safc Transport o f Dangerous Goods by Air. (3) A person shall not transport a consignment of radioactive material unless the consignmen t is accompanied by the transport documents referred to in subsection (I) and (2). 19.-( 1) Every consignor, carrier and consignee of radioactive material shall implement a radiat ion protection program and shall , as part of th at program: (a) keep thc amount of exposure to ["adon progeny :lIld the effective dose and equ iva len t dose rece ived by and comm ilted 10 persons as low as reasonably achicvuble, soci:ll :Hld economic factors being taken into account, through the implcmentation 01': (i) management control ovcr work practices, personnel qualification and tra ining; ( ii) control of occupational and pub lic cx posure to radiation; and (i ii) planning for unusual situations; (b) prevent persons from rcceiving doses of radiation highcr than the radiat ion docs lim its prescribcd by the A tomie Encrg) (Protection from Ionizing Rad iation) Regulalions G I No. 209 01'2004; and (c) tra ill persons refcrrcd to in the progra lll on the applicat ion ofthc program. 30 Tr~ns­ porI docll m ents Radimioll protcc lion program \ j 1 Packaging and Transport a/Radioactive Malerial Regulalions, 201/ Dangerous occur rtnces G./I· No. 368 (call/d) (2) Every consignor. carrier and consignee shall~ (a) keep a record o f its radiation protection program and of any information collected under the progr:un : nnd (b) retain the record of information co ll ec ted under the program for the period ending two yea rs aner the date on which it is co llected. 20.·( I) Every consignor who becomes aware of any of the following dangerous occurrences sha ll immediate ly make a preliminary report to the Commiss ion and to the holde r. if any. of a licence to import the radioactive material that is involvcd in the occurrcncc: (a) a conveyance ca rrying radioactivc lIlatcrial is involved in an accident; (b) a package shows evidence of damage. tampcring or leakage of its contents: (c) any fa ilure to comply wi th the Act. these regulations or any licence or cert ificate applicable to :1 package that may reasonably be expected to lead to a situation in which the environment, the health and sa fety of perso ns or nationa l security is ndvcrsc ly affected~ (d) radioactive nmterial is losl. stolen or on longer in the control ofa person who is required to have control by the Act or the regu lations made under the Ac t: (e) radi oactive material has escaped from a conta in ment system, a package or a conveytIJ1Ce du ri ng transport : (f) fissilc material is outside the con linement systcm transport; or the leve l of non-fixed cOlllaminmion during transport exceeds tl'e limits spec ified in paragraphs 508 and 509 or the IAEA Regulations. (2) Every carricr, cons ignee or holder of n licence to transport the nuclear substance wh il e in transit who bccomes awa re of any of the dangerous occu rrences referred 10 in su bsection (I) sha ll immediately make a prelimina ry report to the Commission and to eithcr the consignor orthe holder, ifany ofa liccnce to imporl the radioactive material that is involved in the occurrence. J J • Packaging and Transport a/Radioactive Material Regulations, 2011 G.N No. 368 (contd.) (3) The prelimi.nary reports referred to in sub-regulation (I) and (2) shall include information on the locat ion and circlImstances of the dangerous occurence and on any action 11,.11 th e consignor, carrier or cons ignee has taken or proposes to lake with respect to it. (4) Immediate ly after a dangerous occ urrence re fe rred to in sub regu lation (I) of this regulation, the consignor, the carri er, the consignee or any other person who controls any area a lTcctcd by the dangerous occurrence shal l: (a) limit, to the extent possible, the spread o f ,lIlY radioactive material ; (b) place barriers, signs or personnel at every point or entry into the affected area to control the entry of pcrson into that arca; (c) record the name, address and tclephone number of any person who may have been exposed to o r contaminated by radioactive material and request that the person remain available for assessment by an expert in radiation protection; and (d) have an expert in radiation protection assess the situation and report the results of the assessment to the Commission. (5) Withi n 21 days after a dangerolls occurrence rererred to in sub~ regu lation (1) of this regulation the consignor, the carrier, the consignee and the ho lder of a licence to transport the nuclear sllbstancc while in transit shall file a full report with the Commission, and the report sha ll contain the following about the occurrence:~ (a) the date, time and location; (b) the probable cause; (c) the names of the persons involved; (d) the c ircumstances; (e) the effect on the environment, the health and sarety of persons, and national or international security that have resulted or may result; (f) the doses of radiation that any person has received or is likely to have received; and 32 Packaging (md Transport oj RadioaCfi\'e lv/alerial Rej!ulafiollS. 20 J J G.N .\'0. 368 (COfIId.) the actions taken by the consignor, the c<Jrricr and the consignee. Accidcn- 21. For the purpose of accidental release the following levels of ionizing lal release radiation a rc cstab l ishcd; Opening of pad:agcs (a) 10 mSv/h on the external surface of a package thaI is being transported under exclusive usc, 2 mSv/h on the su rface of the conveyance, and 0.1 mSv/h at a disl <1I1CC 0[2 In from the su rJ:lcc of the conveyance, and (b) 2 mSv/h on the external surface o f a package that is not being transported under c?,cllIs ivc: usc, 0.1 mSv/h at a distance of I III from the package, 2 mSv!h on the surface orthe conveyance. and 0.1 mSv/h at a distance 01"2 J1l frol11lhc surface of the conveyance. 22.-(1) No pcrsons other than the consignor or the consignee of the package, shall open a package un1css: (a) measure arc takcn to pre\ent pe rsons frolll receiv ing doses of radiation higher than the radiation dose limits as referred III regu lation 19( 1 )(b) ofthesc regulat ions; (b) the package is opened in the presencc of nn cxpcrt in radiation protection. (2) When a pcrson other tlmll thc cons ignor o r the consignee opens a package, the pcrson shall restore thc package to a condition that meets the requirement of these Regulations before forwarding it \0 theconsignee. (3) On receipt ofa package. and 0 11 opening!] package. every person sha ll verify whether. (a) the package is damaged: (b) the package shows evidence of having bcen tampered with; (c) anYP0l1ioll of the fissile material is outside the confinement system; and any portion orlhe contents of the package is outside the contain ment system o r the package. 33 • • Packaging and 7i-ansporl of RacUoaclive Material Regulations. 2011 G.N NQ. 368 (coli/d) (4) Every person who discovers that a package is dall1<lgcd or that any portion of the fi ssile materia l is outside the confinement system shal l fi le a fu ll report o f the discovery wit h the consignor and with the Commission with in 21 days aftcr Ihe discovery. (5) Every person who d iscovers thaI a package shows evidence of having been tampered with or that any portion orlhe contents ofa package has escaped from the conta inment systelll or the package sha ll im mediately make a preliminary report to the Comm ission and to e it her the consignor or the holder. if any, of a licence 10 imparl the rad io<lctivc material that is involved. (6) The prel iminary rep0l1 ofa di scovery referred to in sllb-reglilat ion (5) of this regulalion shall include informat ion on the location and circumstances of the discovery and on any action that the person has taken or proposes to take wi th respect to it. (7) Every cons ignor and every holdcrof a licence to import radioactive material who receives a preliminary rep0l1 of a d iscovery referred to in sub-regulation (5) of this regu lation shall fi le a full I"CPOl1 of the discovery with the Commission within 21 days after receiving the prel iminary report. 23. If a cons ignment cannot be delivered to the consignee, thc carrier shall: (a) notify the consignor, the consignee and the COlll mission; a nd (b) place the consign ment in an area to which access is contro lled by the carrier and keep itlhere until it can be delivered (0 the consignor or the consignee. 24.-(1) A person who packages radi oacti ve matcrial in a Type IP-2 , Type IP-3 or Type A package shall kecp a rccord of the fo ll owing in formation and documents conccrning the package: (a) the technical spec ifications ori ts design: (b) the type, quantity and physical form of the radioactive materiallhat it is des igned 10 contain; (c) any document tha t demonstra tes that the pacbgc meets the req uirements orthesc Regu lations, inClud ing the written quality assurance program: and 34 Undeliv erable cansig nerncn ts Records to be kept :U1d retained Packaging and 7hl11sporl of RaC/ioaclil'e Maferial Rf.:Klllat iol1s. 2011 G .N 1\0. 368 (cmlld.) (d) instructi ons for packaging. transport, receiving. maintenance ;111<1 lIllpackaging. (2) Evcry person who is required by sub-regu lation (I) o f this regulation to keep a record sha ll retain the record fo r th e period ending two years after Ihe dale on whic h Ihe packag in g occurs. Dar cs Salaam. 18th October, 20 II 35 I-IoN. M i\KAME M IMRAWA, (MP), Mil1isfer ojCollllllllllicaliol1. Science alld Techllology •