Illinois Administrative Code › Title 32 - ENERGY › Part 337 - PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL › Subpart A - GENERAL INFORMATION › Section 337.40 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part:
"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.
"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.
"Approved individual" means an individual whom the licensee
				  has determined to be trustworthy and reliable for unescorted access in
				  accordance with Subpart B and who has completed the training required by
				  Section
				  337.2020(c).
				  This does not mean the individual has met the requirements to be an approved
				  authorized user of radioactive material.
"Atomic Energy Act of 1954" means
				  42 USC
				  2169.
"Background investigation" means the investigation required
				  by Section
				  337.1030
				  and conducted by a licensee or applicant for a license to support the
				  determination of trustworthiness and reliability.
"Carrier" means a person engaged in the transportation of
				  passengers or property by land or water as a common, contract or private
				  carrier, or by civil aircraft.
"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. This 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. This 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.
"Diversion" means the unauthorized movement of radioactive
				  material subject to this Part to a location different from the material's
				  authorized destination inside or outside of the site that 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.
"FBI" means the Federal Bureau of Investigation.
"Fingerprint Orders" means the orders issued by the U.S.
				  Nuclear Regulatory Commission (NRC) 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.
"IEMA" means the Illinois Emergency Management Agency.
"License issuing authority" means the licensing agency that
				  issued the license (i.e., the U.S. Nuclear Regulatory Commission, the Illinois
				  Emergency Management Agency or the appropriate agency of another Agreement
				  State).
"Local law enforcement agency" or "LLEA" means a public or
				  private organization that has been approved by a federal, state or local
				  government to carry firearms and make arrests. The LLEA 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.
"Mobile device" means a piece of equipment containing
				  licensed radioactive material that is either mounted on wheels or casters, or
				  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 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 requests and coordinates appropriate aid.
"No-later-than arrival time" means the date and time that the
				  shipping licensee and receiving licensee have established as the time that 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.
"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 material that is possessed
				  by the licensee. The reviewing official may have unescorted access to the
				  category 1 or category 2 quantities of radioactive material only if his or her
				  job duties require unescorted access to category 1 or category 2 quantities of
				  radioactive material. If the job duties require access to the material, the
				  reviewing official shall also meet the training requirements for use of that
				  radioactive material.
"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.
"Safeguards information" means information not classified as
				  National Security Information or Restricted Data, that specifically identifies
				  a licensee's or applicant's detailed control and accounting procedures for the
				  physical protection of special nuclear material in quantities determined by the
				  U.S. Nuclear Regulatory Commission through order or regulation to be
				  significant to the public health and safety or the common defense and security;
				  detailed security measures (including security plans, procedures and equipment)
				  for the physical protection of source, byproduct, or special nuclear material
				  in quantities determined by NRC through order or regulation to be significant
				  to the public health and safety or the common defense and security; security
				  measures for the physical protection of and location of certain plant equipment
				  vital to the safety of production or utilization facilities; and any other
				  information within the scope of section 147 of the Atomic Energy Act of 1954,
				  as amended, the unauthorized disclosure of which, as determined by NRC through
				  order or regulation, could reasonably be expected to have a significant adverse
				  effect on the health and safety of the public or the common defense and
				  security by significantly increasing the likelihood of sabotage or theft or
				  diversion of source, byproduct, or special nuclear material.
"Safeguards information - modified handling" is the
				  designation or marking applied to safeguards information that NRC has
				  determined requires handling requirements modified from the specific safeguards
				  information handling requirements that are applicable to safeguards information
				  needing a higher level of protection.
"Safe haven" means a readily recognizable and readily
				  accessible site where security is present or at 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.
"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" are 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. For this purpose, a determination of
				  trustworthiness and reliability is based upon the results of a background
				  investigation and certification by the reviewing official.
"Unescorted access" means solitary access to an aggregated
				  category 1 or category 2 quantity of radioactive material or the devices that
				  contain the material.