Section He-P 4038.03 - Definitions As used in He-P 4038:
(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 2 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 He-P 4038.07 through 4038.13 and who has completed the training required by He-P 4038.15(c).(d) "Background investigation" means the investigation conducted by a licensee or applicant to support the determination of trustworthiness and reliability as defined in (z) below.(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 1 quantity of radioactive material" means a quantity of radioactive material meeting or exceeding the category 1 threshold in Table 4038.1 in He-P 4038.31. 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 one, 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.(g) "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 4038.1 in He-P 4038.31. 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 one, 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.(h) "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 at which the material is used or stored.(i) "DHHS/RHS" means the state of New Hampshire department of health and human services/radiological health section.(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 legally binding requirements issued by DHHS/RHS, an agreement state, or the Nuclear Regulatory Commission (NRC) 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.(l) "License", except where otherwise specified, means a license for byproduct material issued pursuant to the rules in He-P 4030 through He-P 4036 and He-P 4039;(m) "License issuing authority" means the licensing agency that issued the license, i.e. DHHS/RHS, the appropriate agency of an agreement state, or the NRC;(n) "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.(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 is 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 shall 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.(r) "Non-agreement state" means any state that has not entered into an effective agreement under subsection 274b. of the Atomic Energy Act of 1954, as Amended (73 Stat. 689).(s) "Person" means: (1) Person as defined in RSA 125-F:3, XII; and(2) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the NRC or the Department of Energy (DOE), except that the DOE shall be considered a person within the meaning of the regulations in 10 CFR chapter I to the extent that its facilities and activities are subject to the licensing and related regulatory authority of the NRC under section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), the Uranium Mill Tailings Radiation Control Act of 1978 (92 Stat. 3021), the Nuclear Waste Policy Act of 1982 (96 Stat. 2201), and section 3(b)(2) of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (99 Stat. 1842), any state or any political subdivision of or any political entity within a state, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and(3) Any legal successor, representative, agent, or agency of the foregoing.(t) "Reviewing official" means the individual authorized by the licensee who shall make the trustworthiness and reliability determination, as defined in (z) below, 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.(u) "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.(v) "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.(w) "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.(x) "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.(y) "Telemetric position monitoring system" means a data transfer system that captures information by instrumentation or measuring devices about the location and status of a transport vehicle or package between the departure and destination locations.(z) "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.(aa) "Unescorted access" means solitary access to an aggregated category 1 or category 2 quantities of radioactive material or the devices that contain the material.N.H. Admin. Code § He-P 4038.03
Derived From Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11105, Effective 5/25/2016, Expires 5/25/2026.Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12055, Effective 11/19/2016, Expires 11/19/2026.Amended by Number 15, Filed April 13, 2023, Proposed by #13598, Effective 3/24/2023, Expires 3/24/2033.