Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "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.
(2) "Aggregated" means accessible by the
			 breach of a single physical barrier that shall 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.
(3)
			 "Approved individual" means an individual whom the licensee has determined to
			 be trustworthy and reliable for unescorted access in accordance with OAR
			 333-125-0020  through 333-125-0095  and who has completed the training required
			 by OAR 333-125-0115.
(4)
			 "Background investigation" means the investigation conducted by a licensee or
			 applicant to support the determination of trustworthiness and reliability.
(5) "Category 1 quantity" means a
			 quantity of radioactive material meeting or exceeding the category 1 threshold
			 in Table 1 of Appendix A, Part 37. 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 shall 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.
(6) "Category 2 quantity" 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, Part 37. 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 shall 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.
(7) "Diversion" means the unauthorized
			 movement of radioactive material subject to the physical protection program to
			 a location different from the material's authorized destination inside or
			 outside of the site at which the material is used or stored.
(8) "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.
(9)
			 "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.
(10) "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.
(11) "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.
(12) "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.
(13) "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 incidents to
			 appropriate agencies and can request and coordinate appropriate aid.
(14) "Nationally Tracked Source" means a
			 sealed source containing a quantity equal to or greater than Category 1 or
			 Category 2 levels of radioactive material listed in  10 CFR Part 20, Appendix E.
			 In this context a sealed source is defined as radioactive material that is
			 sealed in a capsule or closely bonded in a solid form and that is not exempt
			 from regulatory control. It does not mean material encapsulated solely for
			 disposal, or nuclear material contained in any fuel rod, or fuel pellet.
(15) "No-later-than arrival time"
			 means the date and time that the shipping licensee and receiving licensee have
			 established as the time to initiate an investigation 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.
(16) "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.
(17) "Sabotage" means deliberate damage, with
			 malevolent intent, to category 1 or 2 quantity of radioactive material, a
			 device that contains a category 1 or 2 quantity of radioactive material, or the
			 components of the security system.
(18) "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.
(19) "Security zone" means any temporary or
			 permanent area determined and established by the licensee for the physical
			 protection of category 1 or category 2 of radioactive material.
(20) "Telemetric position monitoring system"
			 means a data transfer system that captures information by instrumentation and
			 measuring devices about the location and status of a transport vehicle or
			 package between the departure and destination locations.
(21) "Trustworthiness and reliability" means
			 the 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.
(22) "Unescorted access" means solitary
			 access to an aggregated category 1 or category 2 quantity of radioactive
			 material or the devices that contain the material.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635