justicedao/ipfs_state_laws huggingface dataset:
333-125-0070 Background Investigations and Access Control Program: Reinvestigation (1) Licensees shall conduct a reinvestigation every 10 years for any individual with unescorted access to category 1 or category 2 quantities of radioactive material. (2) The reinvestigation shall consist of fingerprinting, FBI identification, and criminal history records check in accordance with OAR 333-125-0075 through 333-125-0080. (3) The reinvestigations must be completed within 10 years of the date on which these elements were last completed. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0080 Background Investigations and Access Control Program: Procedures for Processing of Fingerprint Checks (1) For the purpose of complying with OAR 333-125-0020 through 333-125-0095, licensees shall submit to the U.S. Nuclear Regulatory Commission, Director, Division of Physical and Cyber Security Policy, 11545 Rockville Pike, Attn: Criminal History Program/Mail Stop – T-07D04M, Rockville, Maryland 20852, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ), electronic fingerprint scan or, where practicable, other fingerprint record for each individual requiring unescorted access to category 1 or category 2 quantities of radioactive material. Copies of these forms may be obtained by electronic mail at MAILSVS.Resource@nrc.gov. Guidance on submitting electronic fingerprints can be found at https://www.nrc.gov/security/chp.html . (2) Fees for the processing of fingerprint checks are due upon application. Licensees shall submit payment with the application for the processing of fingerprints through corporate check, certified check, cashier’s check, money order, or electronic payment, made payable to "U.S. NRC." For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by electronic mail at Crimhist.Resource@nrc.gov . Combined payment for multiple applications is acceptable. The Commission publishes the amount of the fingerprint check application fee on the NRC’s public website. To find the current fee amount, go to the Licensee Criminal History Records Checks & Firearms Background Check information page at https://www.nrc.gov/security/chp.html and see the link for “How do I determine how much to pay for the request?” (3) The Commission shall forward to the submitting licensee all data received from the FBI as a result of the licensee’s application(s) for criminal history records checks. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 75-2024, amend filed 10/11/2024, effective 10/29/2024 PH 3-2023, amend filed 01/17/2023, effective 01/18/2023 PH 81-2021, amend filed 11/19/2021, effective 11/23/2021 PH 16-2019, amend filed 09/19/2019, effective 09/19/2019 PH 234-2018, amend filed 08/02/2018, effective 08/16/2018 PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0090 Background Investigations and Access Control Program: Protection of Information (1) Each licensee who obtains background information on an individual under OAR 333-125-0020 through 333-125-0095 shall establish and maintain a system of files and written procedures for protection of the record and the personal information from unauthorized disclosure. (2) The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his or her representative, or to those who have a need to have access to the information in performing assigned duties in the process of granting or denying unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling. No individual authorized to have access to the information may disseminate the information to any other individual who does not have a need to know. (3) The personal information obtained on an individual from a background investigation may be provided to another licensee: (a) Upon the individual’s written request to the licensee holding the data to disseminate the information contained in his or her file; and (b) The recipient licensee verifies information such as name, date of birth, social security number, gender, and other applicable physical characteristics. (4) The licensee shall make background investigation records obtained under OAR 333-125-0020 through 333-125-0095 available for examination by an authorized representative of the Authority to determine compliance with the regulations and laws. (5) The licensee shall retain all fingerprint and criminal history records (including data indicating no record) received from the FBI, or a copy of these records if the individual’s file has been transferred, on an individual for three years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 16-2019, amend filed 09/19/2019, effective 09/19/2019 PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0095 Background Investigations and Access Control Program: Access Authorization Program Review (1) Each licensee shall be responsible for the continuing effectiveness of the access authorization program. Each licensee shall ensure that access authorization programs are reviewed to confirm compliance with the requirements within OAR 333-125-0020 through 333-125-0095 and that comprehensive actions are taken to correct any noncompliance that is identified. The review program shall evaluate all program performance objectives and requirements. Each licensee shall annually review the access program content and implementation. (2) The results of the reviews, along with any recommendations, must be documented. Each review report must identify conditions that are adverse to the proper performance of the access authorization program, the cause of the condition(s), and, when appropriate, recommend corrective actions, and corrective actions taken. The licensee shall review the findings and take any additional corrective actions necessary to preclude repetition of the condition, including reassessment of the deficient areas where indicated. (3) Review records must be maintained for three years. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0100 Physical Protection Requirements During Use: Security Program (1) Applicability: Each licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material shall establish, implement, and maintain a security program in accordance with the requirements outlined in this rule through OAR 333-125-0155. (a) An applicant for a new license and each licensee that becomes newly subject to the requirements of OAR 333-125-0100 through 333-125-0155 upon application for modification of its license shall implement the requirements of OAR 333-125-0100 through 333-125-0155 as appropriate, before taking possession of an aggregated category 1 or category 2 quantity of radioactive material. (b) Any licensee that has not previously implemented the Security Orders or been subject to the provisions OAR 333-125-0100 through 333-125-0155 shall provide written notification to the Authority at least 90 days before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold. (2) General performance objective: Each licensee shall establish, implement, and maintain a security program that is designed to monitor and, without delay, detect, assess, and respond to an actual or attempted unauthorized access to category 1 or category 2 quantities of radioactive material. (3) Program features: Each licensee’s security program must include the program features, as appropriate, described in OAR 333-125-0105 through 333-125-0150. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 25-2016, f. 8-26-16, cert. ef. 9-1-16 PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0105 Physical Protection Requirements During Use: General Security Program Requirements (1) Security plan. Each licensee identified in OAR 333-125-0100(1) shall develop a written security plan specific to its facilities and operations. The purpose of the security plan is to establish the licensee’s overall security strategy to ensure the integrated and effective functioning of the security program required by this division. The security plan must, at a minimum: (a) Describe the measures and strategies used to implement the requirements of OAR 333-125-0100 through 333-125-0155; and (b) Identify the security resources, equipment, and technology used to satisfy the requirements of this division. (2) The security plan must be reviewed and approved by the individual with overall responsibility for the security program. (3) A licensee shall revise its security plan as necessary to ensure the effective implementation of the Authority' requirements. The licensee shall ensure that: (a) The revision has been reviewed and approved by the individual with overall responsibility for the security program; and (b) The affected individuals are instructed on the revised plan before the changes are implemented. (4) The licensee shall retain a copy of the current security plan as a record for three years after the security plan is no longer required. If any portion of the plan is superseded, the licensee shall retain the superseded material for three years after the record is superseded. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0110 Physical Protection Requirements During Use: Security Program Implementation Plan (1) The licensee shall develop and maintain a written implementation plan that provides procedures on how the requirements of the security plan will be met. (2) The implementation plan’s procedures and revisions must be approved in writing by the individual with overall responsibility for the security program. (3) The licensee shall retain a copy of the implementation plan’s current procedures as a record for three years after the implementation plan is no longer needed. Superseded portions of the plan’s procedures must be retained for three years after the record is superseded. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0115 Physical Protection Requirements During Use: Security Program Training (1) Each licensee shall conduct training to ensure that those individuals implementing the security program possess and maintain the knowledge, skills, and abilities to carry out their assigned duties and responsibilities effectively. The training must include instruction in: (a) The licensee’s security program and procedures to secure category 1 or category 2 quantities of radioactive material, and in the purposes and functions of the security measures employed; (b) The responsibility to report promptly to the licensee any condition that causes or may cause a violation of the Authority’s requirements; (c) The responsibility of the licensee to report promptly to the local law enforcement agency and licensee any actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material; and (d) The appropriate response to security alarms. (2) In determining those individuals who shall be trained on the security program, the licensee shall consider each individual’s assigned activities during authorized use and response to potential situations involving actual or attempted theft, diversion, or sabotage of category 1 or category 2 quantities of radioactive material. The extent of the training must be commensurate with the individual’s potential involvement in the security of category 1 or category 2 quantities of radioactive material. (3) Refresher training must be provided at a frequency not to exceed 12 months and when significant changes have been made to the security program. This training must include: (a) Review of the training requirements in section (1) of this rule and any changes made to the security program since the last training; (b) Reports on any relevant security issues, problems, and lessons learned; (c) Relevant results of the Authority's inspections; and (d) Relevant results of the licensee’s program review and testing and maintenance. (4) The licensee shall maintain records of the initial and refresher training for three years from the date of the training. The training records must include dates of the training, topics covered, and a list of the licensee’s personnel in attendance, and related information. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 16-2019, amend filed 09/19/2019, effective 09/19/2019 PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0125 Physical Protection Requirements During Use: Local Law Enforcement Agency (LLEA) Coordination (1) A licensee subject to OAR 333-125-0100 through 333-125-0155 shall coordinate, to the extent practicable, with a LLEA for responding to threats to the licensee’s facility, including any necessary armed response. The information provided to the LLEA must include: (a) A description of the facilities and the category 1 and category 2 quantities of radioactive materials along with a description of the licensee’s security measures that have been implemented to comply with OAR 333-125-0100 through 333-125-0155; and (b) A notification that the licensee will request a timely armed response by the LLEA to any actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of material. (2) The licensee shall notify the Authority in writing by mail to Radiation Protection Services, 800 NE Oregon Street, Suite 640, Portland, Oregon 97232 within three business days if: (a) The LLEA has not responded to the request for coordination within 60 days of the coordination request; or (b) The LLEA notifies the licensee that the LLEA does not plan to participate in coordination activities. (3) The licensee shall document its efforts to coordinate with the LLEA. The documentation must be kept for three years. (4) The licensee shall coordinate with the LLEA at least every 12 months, or when changes to the facility design or operation adversely affect the potential vulnerability of the licensee’s material to theft, sabotage, or diversion. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 3-2023, amend filed 01/17/2023, effective 01/18/2023 PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0130 Physical Protection Requirements During Use: Security Zones (1) Licensees shall ensure that all aggregated category 1 and category 2 quantities of radioactive material are used or stored within licensee-established security zones. Security zones may be permanent or temporary. (2) Temporary security zones must be established as necessary to meet the licensee’s transitory or intermittent business activities, such as periods of maintenance, source delivery, and source replacement. (3) Security zones must, at a minimum, allow unescorted access only to approved individuals through: (a) Isolation of category 1 and category 2 quantities of radioactive materials by the use of continuous physical barriers that allow access to the security zone only through established access control points. A physical barrier is a natural or man-made structure or formation sufficient for the isolation of the category 1 or category 2 quantities of radioactive material within a security zone; or (b) Direct control of the security zone by approved individuals at all times; or (c) A combination of continuous physical barriers and direct control. (4) For category 1 quantities of radioactive material during periods of maintenance, source receipt, preparation for shipment, installation, or source removal or exchange, the licensee shall, at a minimum, provide sufficient individuals approved for unescorted access to maintain continuous surveillance of sources in temporary security zones and in any security zone in which physical barriers or intrusion detection systems have been disabled to allow such activities. (5) Individuals not approved for unescorted access to category 1 or category 2 quantities of radioactive material must be escorted by an approved individual when in a security zone. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0140 Physical Protection Requirements During Use: Maintenance and Testing (1) Each licensee subject to OAR 333-125-0100 through 333-125-0155 shall implement a maintenance and testing program to ensure that intrusion alarms, associated communication systems, and other physical components of the systems used to secure or detect unauthorized access to radioactive material are maintained in operable condition and are capable of performing their intended function when needed. The equipment relied on to meet the security requirements of this division must be inspected and tested for operability and performance at the manufacturer’s suggested frequency. If there is no manufacturer’s suggested frequency, the testing must be performed at least annually not to exceed 12 months. (2) The licensee shall maintain records on the maintenance and testing activities for three years. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0145 Physical Protection Requirements During Use: Requirements for Mobile Devices (1) Each licensee that possesses mobile devices containing category 1 or category 2 quantities of radioactive material must have two independent physical controls that form tangible barriers to secure the material from unauthorized removal when the device is not under direct control and constant surveillance by the licensee. (2) For devices in or on a vehicle or trailer, unless the health and safety requirements for a site prohibit the disabling of the vehicle, the licensee shall utilize a method to disable the vehicle or trailer when not under direct control and constant surveillance by the licensee. Licensees shall not rely on the removal of an ignition key to meet this requirement. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0150 Physical Protection Requirements During Use: Security Program Review (1) Each licensee shall be responsible for the continuing effectiveness of the security program. Each licensee shall ensure that the security program is reviewed to confirm compliance with the requirements of this division and that comprehensive actions are taken to correct any noncompliance that is identified. The review must include the radioactive material security program content and implementation. Each licensee shall periodically (at least annually) review the security program content and implementation procedures. (2) The results of the review, along with any recommendations, must be documented. Each review report must identify conditions that are adverse to the proper performance of the security program, the cause of the condition(s), and, when appropriate, recommend corrective actions, and corrective actions taken. The licensee shall review the findings and take any additional corrective actions necessary to preclude repetition of the condition, including reassessment of the deficient areas where indicated. (3) The licensee shall maintain the review documentation for three years. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0155 Physical Protection Requirements During Use: Reporting of Events (1) The licensee shall immediately notify the LLEA after determining that an unauthorized entry resulted in an actual or attempted theft, sabotage, or diversion of a category 1 or category 2 quantity of radioactive material. As soon as possible after initiating a response, but not at the expense of causing delay or interfering with the LLEA response to the event, the licensee shall notify the Authority by telephone at 1-800-425-0311. In no case shall the notification to the Authority be later than four hours after the discovery of any attempted or actual theft, sabotage, or diversion. (2) The licensee shall assess any suspicious activity related to possible theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material and notify the LLEA as appropriate. As soon as possible but not later than four hours after notifying the LLEA, the licensee shall notify the Authority by telephone at 1-800-425-0311. (3) The initial telephonic notification required by section (1) of this rule must be followed within a period of 30 days by a written report submitted to the Authority. The report must include sufficient information for Authority analysis and evaluation, including identification of any necessary corrective actions to prevent future instances. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 81-2021, amend filed 11/19/2021, effective 11/23/2021 PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0165 Physical Protection in Transit: Additional Requirements for Transfer of Category 1 and Category 2 Quantities of Radioactive Material (1) A licensee transferring a category 1 or category 2 quantity of radioactive material to a licensee of the Commission or an Agreement State shall meet the license verification provisions listed in subsections (a) through (c) below instead of those listed in OAR 333-102-0330(4). (a) Any licensee transferring category 1 quantities of radioactive material to a licensee of the Commission or an Agreement State, prior to conducting such transfer, shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred and that the licensee is authorized to receive radioactive material at the location requested for delivery. If the verification is conducted by contacting the license issuing authority, the transferor shall document the verification. For transfers within the same organization, the licensee does not need to verify the transfer. (b) Any licensee transferring category 2 quantities of radioactive material to a licensee of the Commission or an Agreement State, prior to conducting such transfer, shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred. If the verification is conducted by contacting the license issuing authority, the transferor shall document the verification. For transfers within the same organization, the licensee does not need to verify the transfer. (c) In an emergency where the licensee cannot reach the license issuing authority and the license verification system is nonfunctional, the licensee may accept a written certification by the transferee that it is authorized by license to receive the type, form, and quantity of radioactive material to be transferred. The certification must include the license number, current revision number, issuing agency, expiration date, and for a category 1 shipment the authorized address. The licensee shall keep a copy of the certification. The certification must be confirmed by use of the NRC’s license verification system or by contacting the license issuing authority by the end of the next business day. (2) The transferor shall keep a copy of the verification documentation as a record for three years. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15