# 32 Ill. Adm. Code 337.40: Section 337.40 Definitions

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_40

## Section

- **Citation:** 32 Ill. Adm. Code 337.40
- **Heading:** Section 337.40 Definitions
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 32 ENERGY / CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY AND OFFICE OF HOMELAND SECURITY / Part 337 PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL / Section 337.40 Definitions

## Text

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.

## Nearby sections

- [32 Ill. Adm. Code 337.10 Section 337.10  Purpose](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_10.md)
- [32 Ill. Adm. Code 337.20 Section 337.20  Scope](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_20.md)
- [32 Ill. Adm. Code 337.30 Section 337.30  Incorporations by Reference](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_30.md)
- [32 Ill. Adm. Code 337.40 Section 337.40  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_40.md)
- [32 Ill. Adm. Code 337.50 Section 337.50  Specific Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_50.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T32_P337_S337_40. Check the current official text before relying on it. Not legal advice.
