Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 7 - DEPARTMENT OF HEALTH SERVICES - RADIATION CONTROL › Article 19 - PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL › Section R9-7-1905 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply in this Article, unless the
				  context otherwiserequires:
"Access control means a system for allowing only approved
				  individuals to have unescorted access to the security zone and for ensuring
				  that all other individuals are subject to escorted access.
"Act" means the Atomic Energy Act of 1954 (68 Stat. 919),
				  including any amendments thereto.
"Aggregated" means accessible by the breach of a single
				  physical barrier that would allow access to radioactive material in any form,
				  including any devices that contain the radioactive material, when the total
				  activity equals or exceeds a category 2 quantity of radioactive
				  material.
"Agreement State" means any state with which the Atomic
				  Energy Commission or the U.S. Nuclear Regulatory Commission has entered into an
				  effective agreement under subsection 274b. of the Act. Non-agreement State
				  means any other State.
"Approved individual" means an individual whom the licensee
				  has determined to be trustworthy and reliable for unescorted access in
				  accordance with R9-7-1921 through R9-7-1933 of this Article and who has
				  completed the training required by
				  R9-7-1943(C).
"Background investigation" means the investigation conducted
				  by a licensee or applicant to support the determination of trustworthiness and
				  reliability.
"Becquerel (Bq)" means one disintegration per second.
"By product material" means the same as in
				  R9-7-102.
"Category 1 quantity of radioactive material" means a
				  quantity of radioactive material meeting or exceeding the category 1 threshold
				  in Table 1 of Appendix A to this Article. This quantity is determined by
				  calculating the ratio of the total activity of each radionuclide to the
				  category 1 threshold for that radionuclide and adding the ratios together. If
				  the sum is equal to or exceeds 1, the quantity would be considered a category 1
				  quantity. Category 1 quantities of radioactive material do not include the
				  radioactive material contained in any fuel assembly, subassembly, fuel rod, or
				  fuel pellet.
"Category 2 quantity of radioactive material" means a
				  quantity of radioactive material meeting or exceeding the category 2 threshold
				  but less than the category 1 threshold in Table 1 of Appendix A to this
				  Article. This quantity is determined by calculating the ratio of the total
				  activity of each radionuclide to the category 2 threshold for that radionuclide
				  and adding the ratios together. If the sum is equal to or exceeds 1, the
				  quantity would be considered a category 2 quantity. Category 2 quantities of
				  radioactive material do not include the radioactive material contained in any
				  fuel assembly, subassembly, fuel rod, or fuel pellet.
"Commission" means the U.S. Nuclear Regulatory Commission or
				  its duly authorized representatives.
"Curie" means the same as in
				  R9-7-102.
"Diversion" means the unauthorized movement of radioactive
				  material subject to this Article to a location different from the material's
				  authorized destination inside or outside of the site at which the material is
				  used or stored.
"Escorted access" means accompaniment while in a security
				  zone by an approved individual who maintains continuous direct visual
				  surveillance at all times over an individual who is not approved for unescorted
				  access.
"Fingerprint orders" means the orders issued by the U.S.
				  Nuclear Regulatory Commission or the legally binding requirements issued by
				  Agreement States that require fingerprints and criminal history records checks
				  for individuals with unescorted access to category 1 and category 2 quantities
				  of radioactive material or safeguards information-modified handling.
"Government agency" means any executive department,
				  commission, independent establishment, corporation, wholly or partly owned by
				  the United States of America which is an instrumentality of the United States,
				  or any board, bureau, division, service, office, officer, authority,
				  administration, or other establishment in the executive branch of the
				  Government.
"License", except where otherwise specified, means a license
				  for byproduct material issued pursuant to the rules in Articles 3, 5, 7, and 15
				  of this chapter.
"License issuing authority" means the licensing agency that
				  issued the license, i.e. the Department, the U.S. Nuclear Regulatory
				  Commission, or the appropriate agency of an Agreement State.
"Local law enforcement agency (LLEA)" means a public or
				  private organization that has been approved by a federal, state, or local
				  government to carry firearms and make arrests, and is authorized and has the
				  capability to provide an armed response in the jurisdiction where the licensed
				  category 1 or category 2 quantity of radioactive material is used, stored, or
				  transported.
"Lost or missing licensed material" means licensed material
				  whose location is unknown. It includes material that has been shipped but has
				  not reached its destination and whose location cannot be readily traced in the
				  transportation system.
"Mobile device" means a piece of equipment containing
				  licensed radioactive material that is either mounted on wheels or casters, or
				  is otherwise equipped for moving without a need for disassembly or dismounting;
				  or designed to be hand carried. Mobile devices do not include stationary
				  equipment installed in a fixed location.
"Movement control center" means an operations center that is
				  remote from transport activity and that maintains position information on the
				  movement of radioactive material, receives reports of attempted attacks or
				  thefts, provides a means for reporting these and other problems to appropriate
				  agencies and can request and coordinate appropriate aid.
"No-later-than arrival time" means the date and time that the
				  shipping licensee and receiving licensee have established as the time at which
				  an investigation will be initiated if the shipment has not arrived at the
				  receiving facility. The no-later-than arrival time may not be more than 6 hours
				  after the estimated arrival time for shipments of category 2 quantities of
				  radioactive material.
"Person" means:
Any individual, corporation, partnership, firm, association,
				  trust, estate, public or private institution, group, Government agency other
				  than the Commission or the DOE (except that the DOE shall be considered a
				  person within the meaning of the rules in 10 CFR chapter I to the extent that
				  its facilities and activities are subject to the licensing and related
				  regulatory authority of the Commission under section 202 of the Energy
				  Reorganization Act of 1974 (88 Stat. 1244), the Uranium Mill Tailings Radiation
				  Control Act of 1978 (92 Stat. 3021), the Nuclear Waste Policy Act of 1982 (96
				  Stat. 2201), and section 3(b)(2) of the Low-Level Radioactive Waste Policy
				  Amendments Act of 1985 (99 Stat. 1842)), any State or any political subdivision
				  of or any political entity within a State, any foreign government or nation or
				  any political subdivision of any such government or nation, or other entity;
				  and Anylegal successor, representative, agent, or agency of the
				  foregoing.
"Reviewing official" means the individual who shall make the
				  trustworthiness and reliability determination of an individual to determine
				  whether the individual may have, or continue to have, unescorted access to the
				  category 1 or category 2 quantities of radioactive materials that are possessed
				  by the licensee.
"Sabotage" means deliberate damage, with malevolent intent,
				  to a category 1 or category 2 quantity of radioactive material, a device that
				  contains a category 1 or category 2 quantity of radioactive material, or the
				  components of the security system.
"Safe haven" means a readily recognizable and readily
				  accessible site at which security is present or from which, in the event of an
				  emergency, the transport crew can notify and wait for the local law enforcement
				  authorities.
"Security zone" means any temporary or permanent area
				  determined and established by the licensee for the physical protection of
				  category 1 or category 2 quantities of radioactive material.
"State" means a State of the United States, the District of
				  Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
				  Samoa, and the Commonwealth of the Northern Mariana Islands.
"Telemetric position monitoring system" means a data transfer
				  system that captures information by instrumentation and/or measuring devices
				  about the location and status of a transport vehicle or package between the
				  departure and destination locations.
"Trustworthiness and reliability" means characteristics of an
				  individual considered dependable in judgment, character, and performance, such
				  that unescorted access to category 1 or category 2 quantities of radioactive
				  material by that individual does not constitute an unreasonable risk to the
				  public health and safety or security. A determination of trustworthiness and
				  reliability for this purpose is based upon the results from a background
				  investigation.
"Unescorted access" means solitary access to an aggregated
				  category 1 or category 2 quantity of radioactive material or the devices that
				  contain the material.
"United States" when used in a geographical sense, includes
				  Puerto Rico and all territories and possessions of the United
				  States.