Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-37 - Physical Protection of Category One and Category Two Quantities of Radioactive Material › Section 3701:1-37-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
Terms defined in rule
				3701:1-38-01 of the
				Administrative Code shall have the same meaning when used in this chapter
				except terms redefined within a given rule for use within that rule only.
				Additionally, the following terms as used in this chapter are defined as
				follows:
(A) "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.
(B) "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
			 two quantity of radioactive material.
(C) "Approved individual" means an individual
			 whom the licensee has determined to be trustworthy and reliable for unescorted
			 access in accordance with rules
			 3701:1-37-07 to
			 3701:1-37-13 of the
			 Administrative Code and who has completed the training required by paragraph
			 (C) of rule
			 3701:1-37-15 of the
			 Administrative Code.
(D)
			 "Background investigation" means the investigation conducted by a licensee or
			 applicant to support the determination of trustworthiness and
			 reliability.
(E) "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.
(F) "Category one quantity of radioactive
			 material" means a quantity of radioactive material meeting or exceeding the
			 category one threshold in Table 1 of Appendix A to this rule. This is
			 determined by calculating the ratio of the total activity of each radionuclide
			 to the category one threshold for that radionuclide and adding the ratios
			 together. If the sum is equal to or exceeds one, the quantity would be
			 considered a category one quantity. Category one quantities of radioactive
			 material do not include the radioactive material contained in any fuel
			 assembly, subassembly, fuel rod, or fuel pellet.
(G) "Category two quantity of radioactive
			 material" means a quantity of radioactive material meeting or exceeding the
			 category two threshold but less than the category one threshold in Table 1 of
			 Appendix A to this rule. This is determined by calculating the ratio of the
			 total activity of each radionuclide to the category two threshold for that
			 radionuclide and adding the ratios together. If the sum is equal to or exceeds
			 one, the quantity would be considered a category two quantity. Category two
			 quantities of radioactive material do not include the radioactive material
			 contained in any fuel assembly, subassembly, fuel rod, or fuel
			 pellet.
(H) "Commission" means the
			 U.S. nuclear regulatory commission or its duly authorized
			 representatives.
(I) "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.
(J) "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.
(K)
			 "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 one and category two quantities of radioactive
			 material or safeguards information-modified handling.
(L) "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.
(M) "License
			 issuing authority" means the licensing agency that issued the license, i.e. the
			 U.S. nuclear regulatory commission or the appropriate agency of an agreement
			 state.
(N) "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,
			 and is authorized and has the capability to provide an armed response in the
			 jurisdiction where the licensed category one or category two quantity of
			 radioactive material is used, stored, or transported.
(O) "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.
(P) "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.
(Q) "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 two quantities of radioactive material.
(R) "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 one or category two quantities of radioactive
			 materials that are possessed by the licensee.
(S) "Sabotage" means deliberate damage, with
			 malevolent intent, to a category one or category two quantity of radioactive
			 material, a device that contains a category one or category two quantity of
			 radioactive material, or the components of the security system.
(T) "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.
(U)
			 "Security zone" means any temporary or permanent area determined and
			 established by the licensee for the physical protection of category one or
			 category two quantities of radioactive material.
(V) "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.
(W) "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.
(X) "Trustworthiness and
			 reliability" are characteristics of an individual considered dependable in
			 judgment, character, and performance, such that unescorted access to category
			 one or category two 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.
(Y) "Unescorted access" means solitary access
			 to an aggregated category one or category two quantity of radioactive material
			 or the devices that contain the material.
(Z) "United States", when used in a
			 geographical sense, includes Puerto Rico and all territories and possessions of
			 the United States.
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