As used in this chapter:
(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
"Act" means the Atomic
Energy Act of 1954 (68 Stat. 919
), including any amendments thereto.
(c) "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
"Agreement State" means any state with which the Atomic Energy Commission or
the U.S. Nuclear Regulatory Commission has entered into an effective agreement
under subsection 274b. of the Act. "Non-agreement State" means any other
(e) "Approved individual"
means an individual whom the licensee has determined to be trustworthy and
reliable for unescorted access in accordance with Rule 0400-20-13-.02 and who
has completed the training required by subparagraph (2)(c) of Rule
investigation" means the investigation conducted by a licensee or applicant to
support the determination of trustworthiness and reliability.
(g) "Becquerel (Bq)" means one disintegration
1. Any radioactive material
(except special nuclear material) yielded in, or made radioactive by, exposure
to the radiation incident to the process of producing or using special nuclear
2. The tailings or wastes
produced by the extraction or concentration of uranium or thorium from ore
processed primarily for its source material content, including discrete surface
wastes resulting from uranium solution extraction processes. Underground ore
bodies depleted by these solution extraction operations do not constitute
"byproduct material" within this definition;
discrete source of radium-226 that is produced, extracted, or converted after
extraction for use for a commercial, medical, or research activity;
Any material that:
(I) Has been made radioactive by use of a
particle accelerator; and
produced, extracted, or converted after extraction for use for a commercial,
medical, or research activity; and
Any discrete source of naturally occurring
radioactive material, other than source material, that:
(i) The Commission, in consultation with the
Administrator of the Environmental Protection Agency, the Secretary of Energy,
the Secretary of Homeland Security, and the head of any other appropriate
federal agency, determines would pose a threat similar to the threat posed by a
discrete source of radium-226 to the public health and safety or the common
defense and security; and
extracted or converted after extraction for use in a commercial, medical, or
(i) "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.
(j) "Category 1 quantity of radioactive
material" means a quantity of radioactive material meeting or exceeding the
category 1 threshold in Table 1 of Rule 0400-20-13-.08. 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
(k) "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 Rule 0400-20-13-.08. 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
(l) "Commission" and "NRC"
mean the U.S. Nuclear Regulatory Commission or its duly authorized
(m) "Curie" means
that amount of radioactive material which disintegrates at the rate of 37
billion atoms per second.
"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
(o) "Division" means the
Division of Radiological Health of the Tennessee Department of Environment and
(p) "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.
(q) "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
"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.
(s) "License," except where otherwise
specified, means a license for material issued pursuant to the rules in Chapter
(t) "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
(u) "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.
(v) "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.
(w) "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.
(x) "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
(y) "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 6 hours after the estimated arrival time for
shipments of category 2 quantities of radioactive material.
"Person" means any individual,
corporation, partnership, firm, association, trust, estate, public or private
institution, group, government agency other than the Commission or the DOE
(except that 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
Commission 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 any legal successor,
representative, agent, or agency of the foregoing.
(aa) "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.
(bb) "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.
(cc) "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.
(dd) "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
(ee) "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.
"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
"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
access" means solitary access to an aggregated category 1 or category 2
quantity of radioactive material or the devices that contain the
(ii) "United States,"
when used in a geographical sense, includes Puerto Rico and all territories and
possessions of the United States.