Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.5 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For the
			 purposes of this chapter, these terms have the definitions set forth below.
"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), as
				amended through July 16, 2014.
"Agency " means the Iowa department of public health.
"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 rules
				641-37.21
				(136C) through 641-37.33 (136C) and who has completed the training required by
				37.43(3).
"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.
"Byproduct material" means:
1. Any radioactive material, except special
			 nuclear material, yielded in, or made radioactive by, exposure to the radiation
			 incident to the process of producing or using special nuclear
			 material;
2. The tailings or wastes
			 produced by the extraction or concentration of uranium or thorium from ore
			 processed primarily for its source material content, including discrete surface
			 wastes resulting from uranium or thorium solution extraction processes.
			 Underground ore bodies depleted by these solution extraction operations do not
			 constitute "byproduct material" within this definition;
3. Any discrete source of radium-226 that is
			 produced, extracted, or converted after extraction, before, on, or after August
			 8, 2005, for use for a commercial, medical, or research activity; or any
			 material that:
* Has been made radioactive by use of a particle accelerator;
				and
* Is produced, extracted, or converted after extraction,
				before, on, or after August 8, 2005, for use for a commercial, medical, or
				research activity; and
4.
			 Any discrete source of naturally occurring radioactive material, other than
			 source material, that:
* The Nuclear Regulatory Commission, in consultation with the
				Administrator of the Environmental Protection Agency, the Secretary of Energy,
				the Secretary of Homeland Security, and the head of any other appropriate
				federal agency, determines would pose a threat similar to the threat posed by a
				discrete source of radium-226 to the public health and safety or the common
				defense and security; and
* Before, on, or after August 8, 2005, is extracted or
				converted after extraction for use in a commercial, medical, or research
				activity.
"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 to this chapter. 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 to this chapter. 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.
"Commission" means the U.S. Nuclear Regulatory Commission or
				its duly authorized representatives.
"Curie " means that amount of radioactive material which
				disintegrates at the rate of 37 billion atoms per second.
"Diversion" means the unauthorized movement of radioactive
				material subject to this chapter 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 " means a license issued by the agency in accordance
				with the rules adopted by the agency.
"License-issuing authority" means the licensing agency that
				issued the license, i.e., the agency, the U.S. Nuclear Regulatory Commission or
				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. Lost or missing licensed material 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 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 six
				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, agency,
				political subdivision of this state, any other state or political subdivision
				or agency thereof, and any legal successor, representative, agent, or agency of
				the foregoing, but shall not include federal government agencies.
"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 or measuring devices, or
				both, 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. 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.