Section 337.40 Definitions

Section 337.40  Definitions

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

alculating 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

uirements 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

te 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

y 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

ndling 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.