SECTION 4. DHS 157.03 (108m), (109m), (124g), (139m), (143g), (150g), (166m), (189m) and (Note), and (193m) are created to read:
DHS 157.03 (108m) "Diversion" means the unauthorized movement of category 1 or category 2 quantity of radioactive material that is subject to subch. XV to a location different from the material’s authorized destination inside or outside of the site at which the material is used or stored.
DHS 157.03 (109m) “Dose length product” or “DLP” means the metric which is related to the total energy imparted in the patient, and is determined by multiplying the CTDIvol value by the scan length, resulting in the units of mGy-cm. DLP is calculated using the following formula:
where:
L = the length of patient scanned.
p = is the pitch.
CTDI100,cent = CTDI100 value determined at the center of a standardized phantom.
CTDI100,periphery = CTDI100 value determined at the periphery of a standardized phantom.
DHS 157.03 (124g) "Escorted access" means the continuous direct visual surveillance by an approved individual over an individual in the security zone who is not approved for unescorted access.
DHS 157.03 (139m) "Fingerprint order" means an order issued by the NRC, a license condition by the department, or a legally binding requirement issued by another agreement state that requires a fingerprints and criminal history records check for individuals who have unescorted access to category 1 and category 2 quantities of radioactive material or safeguards information-modified handling.
DHS 157.03 (143g) “Fixed contamination” means contamination that cannot be removed from a surface during normal conditions of transport.
DHS 157.03 (150g) "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.
DHS 157.03 (166m) “Indian Tribe” means an Indian or Alaska native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. DHS 157.03 (189m) “License verification system” means the national verification system that enables authorized government authorities and authorized licensees to verify certain information about licensees authorized to possess, use, or ship radioactive materials.
Note: The system may be used to confirm that a license is valid and accurate, a licensee is authorized to acquire quantities and types of radioactive materials, and the licensee’s category 1 or 2 quantities of radioactive material inventories do not exceed the possession limits of the license.
DHS 157.03 (193m) "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, 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
SECTION 5. DHS 157.03 (198) is repealed and recreated to read:
DHS 157.03 (198) “Low specific activity – I” or “LSA-I material” means any of the following:
(a) Uranium and thorium ores, concentrates of uranium and thorium ores, and other ores containing naturally occurring radioactive radionuclides which are intended to be processed for the use of radionuclides.
(b) Natural uranium, depleted uranium, natural thorium or their compounds or mixtures, provided they are unirradiated and in solid or liquid form.
(c) Radioactive material, other than fissile material, for which the A2 value is unlimited.
(d) Other radioactive material in which the radioactive material is distributed throughout and the estimated average specific activity does not exceed 30 times the value for exempt material activity concentration determined under Appendix O.
SECTION 6. DHS 157.03 (200) (c) and (208) are amended to read:
DHS 157.03 (200) (c) The estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 x 10-3 A2/g.
DHS 157.03 (208) "Medical event" means an improper administration of radiation or radioactive material to a patient or human research subject that requires reporting to the department.
SECTION 7. DHS 157.03 (215m) and (219m) are created to read:
DHS 157.03 (215m) "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 device” does not include stationary equipment installed in a fixed location.
DHS 157.03 (219m) "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, requests and coordinates appropriate aid.
SECTION 8. DHS 157.03 (221m) is amended to read:
DHS 157.03 (221m) "Nationally tracked source" means a sealed source containing a quantity equal to or greater than category 1or category 2 levels thresholds of any radioactive material listed in Appendix T. 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 which is not exempt from regulatory control. It does not mean material encapsulated solely for disposal, or nuclear material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet. Category 1 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the category1 threshold. Category 2 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the category 2 threshold but less than the category 1 threshold.
SECTION 9. DHS 157.03 (221m) (Note), (228m), (230m), (318m), (319g), (319r), (331g), (331r), (374m), (392m), (393m), and (402g) are created to read:
DHS 157.03 (221m) Note: Appendix T is used to determine the category 1 and category 2 thresholds for a nationally tracked source. The category 1 and category 2 thresholds in Appendix T and Appendix U are not interchangeable.
DHS 157.03 (228m) "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.
DHS 157.03 (230m) “Non-fixed contamination” means contamination that can be removed from a surface during normal conditions of transport.
DHS 157.03 (318m) "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.
DHS 157.03 (319g) “Sabotage” means the act of any person who intentionally damages, interferes, or tampers with reasonable grounds to believe his or her act will hinder, delay, or interfere with the normal operation of any one of the following:
(a)
A category 1 or category 2 quantity of radioactive material.(b)
A device that contains a category 1 or category 2 quantity of radioactive material.(c) The components of the security system.
DHS 157.03 (319r) "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.
DHS 157.03 (331g) “Security order” means any order that was issued by the NRC that required fingerprints and an FBI criminal history records check for access to any one of the following:
(a) Safeguards information.
(b) Safeguards information-modified handling.
(c) Risk significant material such as special nuclear material or large quantities of uranium hexafluoride.
DHS 157.03 (331r) "Security zone" means any temporary or permanent area established by the licensee for the physical protection of category 1 or category 2 quantities of radioactive material.
DHS 157.03 (374m) "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.
DHS 157.03 (392m) “Tribal official” means the highest ranking individual that represents Tribal leadership, such as the Chief, President, or Tribal Council leadership.
