ML23241A923
| ML23241A923 | |
| Person / Time | |
|---|---|
| Issue date: | 08/23/2023 |
| From: | Solomon Sahle NRC/NMSS/DMSST/ASPB |
| To: | Harisis B State of NE, Dept of Heath & Human Services Systems |
| References | |
| Download: ML23241A923 (1) | |
Text
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 TITLE 180 CONTROL OF RADIATION CHAPTER 24 PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL 001. SCOPE AND AUTHORITY. 180 Nebraska Administrative Code (NAC) 24 has been established to provide the requirements for the physical protection program for any licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material listed in Appendix 24-A of 180 NAC 24. These requirements provide reasonable assurance of the security of category 1 or category 2 quantities of radioactive material by protecting these materials from theft or diversion. Specific requirements for access to material, use of material, transfer of material, and transport of material are included. No provision of 180 NAC 24 authorizes possession of licensed material.
001.02 APPLICABILITY. 180 NAC 24-004 through 24-019 apply to any person who, under 180 NAC 24, possesses or uses at any site, an aggregated category 1 or category 2 quantity of radioactive material.
001.03 TRANSPORT. 180 NAC 24-020 through 24-025 applies to any person who:
(A) Transports or delivers to a carrier for transport in a single shipment, a category 1 or category 2 quantity of radioactive material; or (B) Imports or exports a category 1 or category 2 quantity of radioactive material; the provisions only apply to the domestic portion of the transport.
002. DEFINITIONS. For purposes of 180 NAC 24 the following definitions apply:
002.01 ACCESS CONTROL. Access control is 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.
002.02 AGGREGATED. 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.
002.03 APPROVED INDIVIDUAL. An approved individual is an individual whom the licensee has determined to be trustworthy and reliable for unescorted access in accordance with 180 NAC 24-004 through 24-010 and who has completed the training required by 180 NAC 24-012.03.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 002.04 BACKGROUND INVESTIGATION. A background investigation is an investigation conducted by a licensee or applicant to support the determination of trustworthiness and reliability.
002.05 CATEGORY 1 QUANTITY OF RADIOACTIVE MATERIAL. Category 1 quantity of radioactive material is the quantity of radioactive material meeting or exceeding the category 1 threshold in Table 1 of Appendix 24-A in 180 NAC 24. 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.
002.06 CATEGORY 2 QUANTITY OF RADIOACTIVE MATERIAL. Category 2 quantity of radioactive material is the quantity of radioactive material meeting or exceeding the category 2 threshold but less than the category 1 threshold in Table 1 of Appendix 24-A in 180 NAC
- 24. 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.
002.07 DIVERSION. Diversion is the unauthorized movement of radioactive material subject to 180 NAC 24 to a location different from the material's authorized destination inside or outside of the site at which the material is used or stored.
002.08 ESCORTED ACCESS. Escorted access means the 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.
002.09 FEDERAL BUREAU OF INVESTIGATION (FBI). Federal Bureau of Investigation or FBI means the Federal Bureau of Investigation under the jurisdiction of the United State Department of Justice.
002.10 FINGERPRINT ORDERS. Fingerprint orders are orders issued by the U.S. Nuclear Regulatory Commission (NRC) or the legally binding requirements issued by the Department or 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.
002.11 GOVERNMENT AGENCY. A government agency is 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.
002.12 LICENSE ISSUING AUTHORITY. A license issuing authority is a licensing agency that issued the license, such as the Department, the U.S. Nuclear Regulatory Commission (NRC) or the appropriate agency of an Agreement State.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 002.13 LOCAL LAW ENFORCEMENT AGENCY (LLEA). The local law enforcement agency (LLEA) is 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.
002.14 MOBILE DEVICE. A mobile device is 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.
002.15 MOVEMENT CONTROL CENTER. A movement control center is 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.
002.16 NO-LATER-THAN ARRIVAL TIME. The no-later-than arrival time is 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 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> after the estimated arrival time for shipments of category 2 quantities of radioactive material.
002.17 REVIEWING OFFICIAL. A reviewing official is an individual who must 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.
002.18 SABOTAGE. Sabotage is 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.
002.19 SAFE HAVEN. Safe haven is 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.
002.20 SECURITY ZONE. Security zone is 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.
002.21 STATE. State is 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.
002.22 TELEMETRIC POSITION MONITORING SYSTEM. Telemetric position monitoring system is 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.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 002.23 TRUSTWORTHINESS AND RELIABILITY. 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.
002.24 UNESCORTED ACCESS. Unescorted access is solitary access to an aggregated category 1 or category 2 quantity of radioactive material or the devices that contain the material.
002.25 UNITED STATES. The United States when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States.
003. SPECIFIC EXEMPTIONS. A licensee that possesses radioactive waste containing category 1 or category 2 quantities of radioactive material is exempt from the requirements 180 NAC 24 24-004 through 25-025. Except that any radioactive waste that contains discrete sources, ion-exchange resins, or activated material that weighs less than 4,409 pounds (2,000 kg) is not exempt from the requirements 180 NAC 24.
003.01 IMPLEMENTATION OF REQUIREMENTS TO SECURE RADIOACTIVE WASTE. To secure radioactive waste licensees must:
(A) Use continuous physical barriers that allow access to the radioactive waste only through established access control points; (B) Use a locked door or gate with monitored alarm at the access control point; (C) Assess and respond to each actual or attempted unauthorized access to determine whether an actual or attempted theft, sabotage, or diversion occurred; and (D) Immediately notify the local law enforcement agency (LLEA) and request an armed response from the local law enforcement agency (LLEA) upon determination that there was an actual or attempted theft, sabotage, or diversion of the radioactive waste that contains category 1 or category 2 quantities of radioactive material.
004. PERSONNEL ACCESS AUTHORIZATION REQUIREMENTS FOR CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL. This section addresses personnel access authorization requirements for category 1 or category 2 quantities of radioactive material.
004.01 GENERAL. Personnel access authorization requirements for category 1 or category 2 radioactive material are as follows.
004.01(A) ACCESS AUTHORIZATION PROGRAM. Each licensee that possesses an aggregated quantity of radioactive material at or above the category 2 threshold must establish, implement, and maintain its access authorization program in accordance with the requirements of 180 NAC 24-004 through 24-010.
004.01(B) NEW LICENSE OR LICENSE AMENDMENT. An applicant for a new license and each licensee that would become newly subject to the requirements of 180 NAC 24-004 through 24-010 upon application for modification of its license must implement the
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 requirements of 180 NAC 24-004 through 24.010, as appropriate, before taking possession of an aggregated category 1 or category 2 quantity of radioactive material.
004.01(C) AGGREGATION OF RADIOACTIVE MATERIAL. Any licensee that has not previously implemented the Security Orders or been subject to the provisions of 180 NAC 24-004 through 24-010 must implement the provisions of 180 NAC 24-004 through 24-010 before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold.
004.02 GENERAL PERFORMANCE OBJECTIVE. The licensees access authorization program must ensure that the individuals specified in 180 NAC 24-004.03(A) are trustworthy and reliable.
004.03 APPLICABILITY. Licensees must subject the following individuals to an access authorization program:
(A) Any individual whose assigned duties require unescorted access to category 1 or category 2 quantities of radioactive material or to any device that contains the radioactive material; and (B) Reviewing officials.
004.04 EXCEPTIONS. Licensees need not subject the categories of individuals listed in 180 NAC 24-008.01(A) through (M) to the investigation elements of the access authorization program.
004.05 UNESCORTED ACCESS APPROVAL. Licensees must approve for unescorted access to category 1 or category 2 quantities of radioactive material only those individuals with job duties that require unescorted access to category 1 or category 2 quantities of radioactive material.
004.06 INDIVIDUALS NEEDING ACCESS TO SAFEGUARDS INFORMATION-MODIFIED HANDLING. Licensees may include individuals needing access to safeguards information-modified handling under 10 CFR 73 in the access authorization program under 180 NAC 24-004 through 24-010.
005. ACCESS AUTHORIZATION PROGRAM REQUIREMENTS. This section addresses the access authorization program requirements.
005.01 GRANTING UNESCORTED ACCESS AUTHORIZATION. The requirements for granting unescorted access authorization are as follows.
005.01(A) IMPLEMENTATION. Licensees must implement the requirements of 180 NAC 24-004 through 24-010 for granting initial or reinstated unescorted access authorization.
005.01(B) SECURITY TRAINING. Individuals who have been determined to be trustworthy and reliable must also complete the security training required by 180 NAC 24-012.03 before being allowed unescorted access to category 1 or category 2 quantities of radioactive material.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 005.02 REVIEWING OFFICIALS. Requirements for reviewing officials are as follows.
005.02(A) TRUSTWORTHINESS AND RELIABILITY DETERMINATIONS. Reviewing officials are the only individuals who may make trustworthiness and reliability determinations that allow individuals to have unescorted access to category 1 or category 2 quantities of radioactive materials possessed by the licensee.
005.02(B) REVIEWING OFFICIAL APPOINTMENT. Each licensee must name one or more individuals to be reviewing officials. After completing the background investigation on the reviewing official, the licensee must provide under oath or affirmation, a certification that the reviewing official is deemed trustworthy and reliable by the licensee. The fingerprints of the named reviewing official must be taken by a law enforcement agency, Federal or State agencies that provide fingerprinting services to the public, or commercial fingerprinting services authorized by a State to take fingerprints. The licensee must recertify that the reviewing official is deemed trustworthy and reliable every ten years in accordance with 180 NAC 24-006.02.
005.02(C) UNESCORTED ACCESS. Reviewing officials must be permitted to have unescorted access to category 1 or category 2 quantities of radioactive materials or access to safeguards information or safeguards information-modified handling, if the licensee possesses safeguards information or safeguards information-modified handling.
005.02(D) LIMITATION. Reviewing officials cannot approve other individuals to act as reviewing officials.
005.02(E) EXCEPTION. A reviewing official does not need to undergo a new background investigation before being named by the licensee as the reviewing official if:
(i) The individual has undergone a background investigation that included fingerprinting and an Federal Bureau of Investigation (FBI) criminal history records check and has been determined to be trustworthy and reliable by the licensee; or (ii) The individual is subject to a category listed in 180 NAC 24-008.01.
005.03 INFORMED CONSENT. Informed consent must be given to initiate a background investigation.
005.03(A) INFORMED AND SIGNED CONSENT. Licensees may not initiate a background investigation without the informed and signed consent of the subject individual. This consent must include authorization to share personal information with other individuals or organizations as necessary to complete the background investigation.
Before a final adverse determination, the licensee must provide the individual with an opportunity to correct any inaccurate or incomplete information that is developed during the background investigation. Licensees do not need to obtain signed consent from those individuals that meet the requirements of 180 NAC 24-006.02. A signed consent must be obtained prior to any reinvestigation.
005.03(B) WITHDRAWL OF CONSENT. The subject individual may withdraw their consent at any time. Licensees must inform the individual that:
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 (i) If an individual withdraws their consent, the licensee may not initiate any elements of the background investigation that were not in progress at the time the individual withdrew their consent; and (ii) The withdrawal of consent for the background investigation is sufficient cause for denial or termination of unescorted access authorization.
005.04 PERSONAL HISTORY DISCLOSURE. Any individual who is applying for unescorted access authorization must disclose the personal history information that is required by the licensees access authorization program for the reviewing official to make a determination of the individuals trustworthiness and reliability. Refusal to provide, or the falsification of, any personal history information, required by 180 NAC 24.004 through 24-010 is sufficient cause for denial or termination of unescorted access.
005.05 DETERMINATION BASIS. The requirements for making a determination for unescorted access are as follows.
005.05(A) REVIEWING OFFICIAL DETERMINATION. The reviewing official must determine whether to permit, deny, unfavorably terminate, maintain, or administratively withdraw an individuals unescorted access authorization based on an evaluation of all of the information collected to meet the requirements of 180 NAC 24-004 through 24-010.
005.05(B) EVALUATION. The reviewing official may not permit any individual to have unescorted access until the reviewing official has evaluated all of the information collected to meet the requirements of 180 NAC 24-004 through 24-010 and determined that the individual is trustworthy and reliable. The reviewing official may deny unescorted access to any individual based on information obtained at any time during the background investigation.
005.05(C) DOCUMENTATION. The licensee must document the basis for concluding whether or not there is reasonable assurance that an individual is trustworthy and reliable.
005.05(D) WITHDRAWING UNESCORTED ACCESS AUTHORIZATION. The reviewing official may terminate or administratively withdraw an individuals unescorted access authorization based on information obtained after the background investigation has been completed and the individual granted unescorted access authorization.
005.05(E) LIST OF APPROVED INDIVIDUALS. Licensees must maintain a list of persons currently approved for unescorted access authorization. When a licensee determines that a person no longer requires unescorted access or meets the access authorization requirement, the licensee must remove the person from the approved list as soon as possible, but no later than seven working days, and take prompt measures to ensure that the individual is unable to have unescorted access to the material.
005.06 WRITTEN PROCEDURES. Licensees must develop, implement, and maintain written procedures for implementing the access authorization program. The procedures must include provisions for the notification of individuals who are denied unescorted access. The procedures must include provisions for the review, at the request of the affected individual, of a denial or termination of unescorted access authorization. The procedures must contain a
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 provision to ensure that the individual is informed of the grounds for the denial or termination of unescorted access authorization and allow the individual an opportunity to provide additional relevant information.
005.07 RIGHT TO CORRECT AND COMPLETE INFORMATION. Individuals have the right to correct and complete information.
005.07(A) NOTIFICATION OF RIGHTS. Prior to any final adverse determination, licensees must provide each individual subject to 180 NAC 24-004 through 24-010 with the right to complete, correct, and explain information obtained as a result of the licensees background investigation. Confirmation of receipt by the individual of this notification must be maintained by the licensee for a period of one year from the date of the notification.
005.07(B) CHALLENGE PROCEDURE INITIATION. If, after reviewing his or her criminal history record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, update, or explain anything in the record, the individual may initiate challenge procedures. These procedures include direct application by the individual challenging the record to the law enforcement agency that contributed the questioned information or a direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306 as set forth in 28 CFR 16.30 through 16.34. In the latter case, the Federal Bureau of Investigation (FBI) will forward the challenge to the agency that submitted the data, and will request that the agency verify or correct the challenged entry.
Upon receipt of an official communication directly from the agency that contributed the original information, the Federal Bureau of Investigation (FBI) Identification Division makes any changes necessary in accordance with the information supplied by that agency.
Licensees must provide at least ten days for an individual to initiate action to challenge the results of a Federal Bureau of Investigation (FBI) criminal history records check after the record being made available for their review. The licensee may make a final adverse determination based upon the criminal history records only after receipt of the Federal Bureau of Investigation (FBI)s confirmation or correction of the record.
005.08 RECORDS. Records must be retained as follows.
005.08(A) TRUSTWORTHINESS AND RELIABILITY OF INDIVIDUAL EMPLOYEES.
The licensee must retain documentation regarding the trustworthiness and reliability of individual employees for three years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.
005.08(B) ACCESS AUTHORIZATION PROGRAM PROCEDURES. The licensee must retain a copy of the current access authorization program procedures as a record for three years after the procedure is no longer needed. If any portion of the procedure is superseded, the licensee must retain the superseded material for three years after the record is superseded.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 005.08(C) LIST OF PERSONS APPROVED FOR UNESCORTED ACCESS AUTHORIZATION. The licensee must retain the list of persons approved for unescorted access authorization for three years after the list is superseded or replaced.
006. BACKGROUND INVESTIGATION. A background investigation must be performed before individual unescorted access is granted.
006.01 INITIAL INVESTIGATION. Before allowing an individual unescorted access to category 1 or category 2 quantities of radioactive material or to the devices that contain the material, licensees must complete a background investigation of the individual seeking unescorted access authorization. The scope of the investigation must encompass at least the seven years preceding the date of the background investigation or since the individuals eighteenth birthday, whichever is shorter. The background investigation must include at a minimum the requirements of 180 NAC 006.01 (A) through (G).
006.01(A) FINGERPRINTING AND FEDERAL BUREAU OF INVESTIGATION (FBI)
IDENTIFICATION AND CRIMINAL HISTORY RECORDS CHECK. Fingerprinting and an FBI identification and criminal history records check as required by 180 NAC 24-007.
006.01(B) VERIFICATION OF TRUE IDENTITY. Licensees must verify the true identity of the individual who is applying for unescorted access authorization to ensure that the applicant is who they claim to be. A licensee must review official identification documents and compare the documents to personal information data provided by the individual to identify any discrepancy in the information. Official document types include: drivers license; passport; government identification; or certificate of birth issued by the state, province, or country of birth. Licensees must document the type, expiration, and identification number of the identification document, or maintain a photocopy of identifying documents on file in accordance with 180 NAC 24-009. Licensees must certify in writing that the identification was properly reviewed, and must maintain the certification and all related documents for review upon inspection.
006.01(C) EMPLOYMENT HISTORY VERIFICATION. Licensees must complete an employment history verification, including military history. Licensees must verify the individuals employment with each previous employer for the most recent seven years before the date of application.
006.01(D) VERIFICATION OF EDUCATION. Licensees must verify that the individual participated in the education process during the claimed period.
006.01(E) CHARACTER AND REPUTATION DETERMINATION. Licensees must complete reference checks to determine the character and reputation of the individual who has applied for unescorted access authorization. Unless other references are not available, reference checks may not be conducted with any person who is known to be a close member of the individuals family, including but not limited to the individuals spouse, parents, siblings, or children, or any individual who resides in the individuals permanent household. Reference checks under 180 NAC 24-004 through 24-010 must be limited to whether the individual has been and continues to be trustworthy and reliable.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 006.01(F) REFERENCES NOT SUPPLIED BY THE INDIVIDUAL. The licensee must also, to the extent possible, obtain independent information to corroborate that provided by the individual.
006.01(G) FAILURE TO PROVIDE INFORMATION. If a previous employer, educational institution, or any other entity with which the individual claims to have been engaged fails to provide information or indicates an inability or unwillingness to provide information within a time frame deemed appropriate by the licensee but at least after ten business days of the request or if the licensee is unable to reach the entity, the licensee must document the refusal, unwillingness, or inability in the record of investigation; and attempt to obtain the information from an alternate source.
006.02 GRANDFATHERING. The requirements for individuals previously determined to be trustworthy and reliable are as follows.
006.02(A) TRUSTWORTHY AND RELIABLE UNDER FINGER PRINT ORDERS.
Individuals who have been determined to be trustworthy and reliable for unescorted access to category 1 or category 2 quantities of radioactive material under the Fingerprint Orders may continue to have unescorted access to category 1 and category 2 quantities of radioactive material without further investigation. These individuals must be subject to the reinvestigation requirement.
006.02(B) TRUSTWORTHY AND RELIABLE UNDER 10 CFR 73 OR SECURITY ORDERS. Individuals who have been determined to be trustworthy and reliable under the provisions of 10 CFR 73 or the security orders for access to safeguards information, safeguards information-modified handling, or risk-significant material may have unescorted access to category 1 and category 2 quantities of radioactive material without further investigation. The licensee must document that the individual was determined to be trustworthy and reliable under the provisions of 10 CFR 73 or a security order. Security order, in this context, refers to any order that was issued by the U.S. Nuclear Regulatory Commission (NRC) that required fingerprints and a Federal Bureau of Investigation (FBI) criminal history records check for access to safeguards information, safeguards information-modified handling, or risk significant material such as special nuclear material or large quantities of uranium hexafluoride. These individuals must be subject to the reinvestigation requirement.
006.03 REINVESTIGATIONS. Licensees must conduct a reinvestigation every ten years for any individual with unescorted access to category 1 or category 2 quantities of radioactive material. The reinvestigation must consist of fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check in accordance with 180 NAC 24-007. The reinvestigations must be completed within ten years of the date on which these elements were last completed.
007. REQUIREMENTS FOR CRIMINAL HISTORY RECORDS CHECKS OF INDIVIDIUAL GRANTED UNESCORTED ACCESS TO CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIALS. The requirements for criminal history records check of individuals granted unescorted access to category 1 or category quantities of radioactive materials are as follows.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 007.01 GENERAL PERFORMANCE OBJECTIVE AND REQUIREMENTS. Licensees must ensure that individuals granted unescorted access to category 1 or category 2 quantities of radioactive materials meet the requirements for criminal history records checks.
007.01(A) FINGERPRINTING. Except for those individuals listed in 180 NAC 24-008 and those individuals grandfathered under 180 NAC 24-006.02, each licensee subject to the provisions of this 180 NAC 24-004 through 24-010 must fingerprint each individual who is to be permitted unescorted access to category 1 or category 2 quantities of radioactive material. Licensees must transmit all collected fingerprints to the U.S. Nuclear Regulatory Commission (NRC) for transmission to the Federal Bureau of Investigation (FBI). The licensee must use the information received from the Federal Bureau of Investigation (FBI) as part of the required background investigation to determine whether to grant or deny further unescorted access to category 1 or category 2 quantities of radioactive materials for that individual.
007.01(B) NOTIFICATION. The licensee must notify each affected individual that their fingerprints will be used to secure a review of their criminal history record, and must inform the individual of the procedures for revising the record or adding explanations to the record.
007.01(C) REINSTATEMENT. Fingerprinting is not required if a licensee is reinstating an individuals unescorted access authorization to category 1 or category 2 quantities of radioactive materials if:
(i) The individual returns to the same facility that granted unescorted access authorization within 365 days of the termination of their unescorted access authorization; and (ii) The previous access was terminated under favorable conditions.
007.01(D) EXCEPTION. Fingerprints do not need to be taken if an individual who is an employee of a licensee, contractor, manufacturer, or supplier has been granted unescorted access to category 1 or category 2 quantities of radioactive material, access to safeguards information, or safeguards information-modified handling by another licensee, based upon a background investigation conducted under 180 NAC 24-004 through 24-010, the Fingerprint Orders, or 10 CFR 73. An existing criminal history records check file may be transferred to the licensee asked to grant unescorted access in accordance with the provisions of 180 NAC 24-009.03.
007.01(E) LIMITATION. Licensees must use the information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for unescorted access authorization to category 1 or category 2 quantities of radioactive materials, access to safeguards information, or safeguards information-modified handling.
007.02 PROHIBITIONS. Prohibitions on licensee use of information of information gained through criminal history records checks are as follows.
007.02(A) BASIS OF FINAL DETERMINATION LIMITATION. Licensees may not base a final determination to deny an individual unescorted access authorization to category 1 or
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 category 2 quantities of radioactive material solely on the basis of information received from the Federal Bureau of Investigation (FBI) involving:
(i) An arrest more than one year old for which there is no information of the disposition of the case; or (ii) An arrest that resulted in dismissal of the charge or an acquittal.
007.02(B) INFRINGEMENT OF RIGHTS UNDER THE FIRST AMENDMENT. Licensees may not use information received from a criminal history records check obtained under 180 NAC 24-004 through 24-010 in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor must licensees use the information in any way that would discriminate among individuals on the basis of race, religion, national origin, gender, or age.
007.03 PROCEDURES FOR PROCESSING OF FINGERPRINT CHECKS. The procedures that must be followed for the processing of fingerprint checks are as follows.
007.03(A) SUBMISSION. For the purpose of complying with 180 NAC 24-004 through 24-010, licensees must use an appropriate method listed in 10 CFR 37.7 to submit to the U.S. Nuclear Regulatory Commission, Director, Division of Facilities and Security, 11545 Rockville Pike, ATTN: Criminal History Program/Mail T-03B46M, Rockville, Maryland 20852, one completed, legible standard fingerprint card, Form FD-258, ORIMDNRCOOOZ, electronic fingerprint scan or, where practicable, other fingerprint record for each individual requiring unescorted access to category 1 or category 2 quantities of radioactive material. Copies of these forms may be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling (630) 829-9565, or by e-mail to FORMS.Resource@nrc.gov.
Guidance on submitting electronic fingerprints can be found at http://www.nrc.gov/site-help/e-submittals.html.
007.03(B) FEES. Fees for the processing of fingerprint checks are due upon application.
Licensees must submit payment with the application for the processing of fingerprints through corporate check, certified check, cashiers check, money order, or electronic payment, made payable to U.S. NRC. For guidance on making electronic payments, contact the Security Branch, Division of Facilities and Security at (630) 829-9565.
Combined payment for multiple applications is acceptable. The U.S. Nuclear Regulatory Commission (NRC) publishes the amount of the fingerprint check application fee on the U.S. Nuclear Regulatory Commission (NRC)s public website. To find the current fee amount, go to the Electronic Submittals page at http://www.nrc.gov/site-help/e-submittals.html and see the link for the Criminal History Program under Electronic Submission Systems.
007.03(C) CRIMINAL HISTORY RECORDS CHECK RESULTS. The U.S. Nuclear Regulatory Commission (NRC) will forward to the submitting licensee all data received from the Federal Bureau of Investigation (FBI) as a result of the licensees application or applications for criminal history records checks.
008. RELIEF FROM FINGERPRINTING IDENTIFICATION, AND CRIMINAL HISTORY RECORDS CHECK AND OTHER ELEMENTS OF BACKGROUND INVESTIGATIONS FOR
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 DESIGNATED CATEGORIES OF INDIVIDUALS PERMITTED UNESCORTED ACCESS TO CERTAIN RADIOACTIVE MATERIAL. Relief from fingerprinting identification and criminal history records check and other elements of background investigations are as follows.
008.01 EXCEPTED INDIVIDUALS. Fingerprinting, and the identification and criminal history records checks required by section 149 of the Atomic Energy Act of 1954, as amended, and other elements of the background investigation are not required for the following individuals prior to granting unescorted access to category 1 or category 2 quantities of radioactive materials:
(A) An employee of the U.S. Nuclear Regulatory Commission (NRC) or of the Executive Branch of the U.S. Government who has undergone fingerprinting for a prior U.S.
Government criminal history records check; (B) A member of Congress; (C) An employee of a member of Congress or Congressional committee who has undergone fingerprinting for a prior U.S. Government criminal history records check; (D) The Governor of a State or his or her designated State employee representative; (E) Federal, State, or local law enforcement personnel; (F) State Radiation Control Program Directors and State Homeland Security Advisors or their designated State employee representatives; (G) Agreement State employees conducting security inspections on behalf of the U.S.
Nuclear Regulatory Commission (NRC) under an agreement executed under section 274.i. of the Atomic Energy Act; (H) Representatives of the International Atomic Energy Agency (IAEA) engaged in activities associated with the U.S. International Atomic Energy Agency (IAEA)
Safeguards Agreement who have been certified by the U.S. Nuclear Regulatory Commission (NRC);
(I) Emergency response personnel who are responding to an emergency; (J) Commercial vehicle drivers for road shipments of category 1 and category 2 quantities of radioactive material; (K) Package handlers at transportation facilities such as freight terminals and railroad yards; (L) Any individual who has an active Federal security clearance, provided that s\he makes available the appropriate documentation. Written confirmation from the agency or employer that granted the Federal security clearance or reviewed the criminal history records check must be provided to the licensee. The licensee must retain this documentation for a period of three years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material; and (M) Any individual employed by a service provider licensee for which the service provider licensee has conducted the background investigation for the individual and approved the individual for unescorted access to category 1 or category 2 quantities of radioactive material. Written verification from the service provider must be provided to the licensee. The licensee must retain the documentation for a period of three years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.
008.02 FAVORABLE COMPLETION OF COMPARABLE U.S. GOVERNMENT CRIMINAL HISTORY RECORDS CHECK WITHIN THE LAST 5 YEARS. Fingerprinting, and the
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 identification and criminal history records checks required by section 149 of the Atomic Energy Act of 1954, as amended, are not required for an individual who has had a favorably adjudicated U.S. Government criminal history records check within the last five years, under a comparable U.S. Government program involving fingerprinting and an Federal Bureau of Investigation (FBI) identification and criminal history records check provided that the individual makes available the appropriate documentation. Written confirmation from the agency or employer that reviewed the criminal history records check must be provided to the licensee.
The licensee must retain this documentation for a period of three years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material. These programs include, but are not limited to:
(A) National Agency Check; (B) Transportation Worker Identification Credentials (TWIC) under 49 CFR part 1572; (C) Bureau of Alcohol, Tobacco, Firearms, and Explosives background check and clearances under 27 CFR part 555; (D) Health and Human Services security risk assessments for possession and use of select agents and toxins under 42 CFR part 73; (E) Hazardous Material security threat assessment for hazardous material endorsement to commercial drivers license under 49 CFR part 1572; and (F) Customs and Border Protections Free and Secure Trade (FAST) Program.
009. PROTECTION OF INFORMATION. Sensitive information must be protected as follows.
009.01 ESTABLISHMENT OF FILING SYSTEM AND WRITTEN PROCEDURES. Each licensee who obtains background information on an individual under 180 NAC 24-004 through 24-010 must establish and maintain a system of files and written procedures for protection of the record and the personal information from unauthorized disclosure.
009.02 NON-DISCLOSURE. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, their representative, or to those who have a need to have access to the information in performing assigned duties in the process of granting or denying unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling. No individual authorized to have access to the information may disseminate the information to any other individual who does not have a need to know.
009.03 SHARING OF PERSONAL INFORMATION. The personal information obtained on an individual from a background investigation may be provided to another licensee as follows.
009.03(A) WRITTEN REQUEST. Upon the individuals written request to the licensee holding the data to disseminate the information contained in his or her file; and 009.03(B) VERIFICATION. The recipient licensee verifies information such as name, date of birth, social security number, gender, and other applicable physical characteristics.
009.04 AVAILIBILITY OF BACKGROUND INVESTIGATION RECORDS FOR EXAMINATION. The licensee must make background investigation records obtained under 180 NAC 24-004 through 24-010 available for examination by an authorized representative of the Department to determine compliance with the regulations and laws.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 009.05 FINGERPRINT AND CRIMINAL HISTORY RECORD RETENTION. The licensee must retain all fingerprint and criminal history records including data indicating no record received from the Federal Bureau of Investigation (FBI), or a copy of these records if the individuals file has been transferred, on an individual for three years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.
010. ACCESS AUTHORIZATION PROGRAM REVIEW. Each licensee must ensure that access authorization programs are reviewed and documented.
010.01 PROGRAM EVALUATION. Each licensee must be responsible for the continuing effectiveness of the access authorization program. Each licensee must ensure that access authorization programs are reviewed to confirm compliance with the requirements of 180 NAC 24-004 through 24-010 and that comprehensive actions are taken to correct any noncompliance that is identified. The review program must evaluate all program performance objectives and requirements. Each licensee must periodically, at least annually, review the access program content and implementation.
010.02 DOCUMENTATION OF RESULTS OF REVIEWS. The results of the reviews, along with any recommendations, must be documented. Each review report must identify conditions that are adverse to the proper performance of the access authorization program, the cause of the condition(s), and, when appropriate, recommend corrective actions, and corrective actions taken. The licensee must review the findings and take any additional corrective actions necessary to preclude repetition of the condition, including reassessment of the deficient areas where indicated.
010.03 RECORD RETENTION. Review records must be maintained for three years.
011. SECURITY PROGRAM. This section addresses the requirements for the security program.
011.01 APPLICABILITY. A security program must be established as implemented as follows.
011.01(A) PROGRAM ESTABLISHMENT. Each licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material must establish, implement, and maintain a security program in accordance with the requirements of this 180 NAC 24-011 through 24-019.
011.01(B) IMPLEMENTATION. An applicant for a new license and each licensee that would become newly subject to the requirements of 180 NAC 24-011 through 24-019 upon application for modification of its license must implement the requirements of 180 NAC 24-011 through 24-019, as appropriate, before taking possession of an aggregated category 1 or category 2 quantity of radioactive material.
011.01(C) WRITTEN NOTIFICATION. Any licensee that has not previously implemented the Security Orders or been subject to the provisions of 180 NAC 24-011 through 24-019 must provide written notification to the Department in accordance with 180 NAC 1-012 at least 90 days before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 011.02 GENERAL PERFORMANCE OBJECTIVE. Each licensee must establish, implement, and maintain a security program that is designed to monitor and, without delay, detect, assess, and respond to an actual or attempted unauthorized access to category 1 or category 2 quantities of radioactive material.
011.03 PROGRAM FEATURES. Each licensees security program must include the program features, as appropriate, described in 180 NAC 24-012 through 24-018.
012. GENERAL SECURITY PROGRAM REQUIREMENTS. This section addresses general security program requirements.
012.01 SECURITY PLAN. A security plan must be developed and implemented as follows.
012.01(A) DEVELOPMENT AND PURPOSE. Each licensee identified in 180 NAC 24-011 must develop a written security plan specific to its facilities and operations. The purpose of the security plan is to establish the licensees overall security strategy to ensure the integrated and effective functioning of the security program required by 180 NAC 24-011 through 24-019. The security plan must, at a minimum:
(i) Describe the measures and strategies used to implement the requirements of 180 NAC 24-011 through 24-019; and (ii) Identify the security resources, equipment, and technology used to satisfy the requirements of 180 NAC 24-011 through 24-019.
012.01(B) REVIEW AND APPROVAL. The security plan must be reviewed and approved by the individual with overall responsibility for the security program.
012.01(C) REVISIONS. A licensee must revise its security plan as necessary to ensure the effective implementation of Department requirements. The licensee must ensure that:
(i) The revision has been reviewed and approved by the individual with overall responsibility for the security program; and (ii) The affected individuals are instructed on the revised plan before the changes are implemented.
012.01(D) RETENTION PERIOD. The licensee must retain a copy of the current security plan as a record for three years after the security plan is no longer required. If any portion of the plan is superseded, the licensee must retain the superseded material for three years after the record is superseded.
012.02 IMPLEMENTING PROCEDURES. Security plan procedures must be implemented as follows.
012.02(A) WRITTEN PROCEDURES. The licensee must develop and maintain written procedures that document how the requirements of 180 NAC 24-011 through 24-019 and the security plan will be met.
012.02(B) WRITTEN APPROVAL. The implementing procedures and revisions to these procedures must be approved in writing by the individual with overall responsibility for the security program.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 012.02(C) RETENTION PERIOD. The licensee must retain a copy of the current procedure as a record for three years after the procedure is no longer needed.
Superseded portions of the procedure must be retained for three years after the record is superseded.
012.03 TRAINING. Each licensee must conduct training to ensure that those individuals implementing the security program possess and maintain the knowledge, skills, and abilities to carry out their assigned duties and responsibilities effectively.
012.03(A) INSTRUCTION REQUIREMENTS. The training must include instruction in:
(i) The licensees security program and procedures to secure category 1 or category 2 quantities of radioactive material, and in the purposes and functions of the security measures employed; (ii) The responsibility to report promptly to the licensee any condition that causes or may cause a violation of Department requirements; (iii) The responsibility of the licensee to report promptly to the local law enforcement agency and licensee any actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material; and (iv) The appropriate response to security alarms.
012.03(B) TRAINING DETERMINATION. In determining those individuals who must be trained on the security program, the licensee must consider each individuals assigned activities during authorized use and response to potential situations involving actual or attempted theft, diversion, or sabotage of category 1 or category 2 quantities of radioactive material. The extent of the training must correspond with the individuals potential involvement in the security of category 1 or category 2 quantities of radioactive material.
012.03(C) REFRESHER TRAINING. Refresher training must be provided at a frequency not to exceed 12 months and when significant changes have been made to the security program. This training must include:
(i) Review of the training requirements of 180 NAC 24-012.03 and any changes made to the security program since the last training; (ii) Reports on any relevant security issues, problems, and lessons learned; (iii) Relevant results of Department inspections; and (iv) Relevant results of the licensees program review and testing and maintenance.
012.03(D) TRAINING RECORD RETENTION. The licensee must maintain records of the initial and refresher training for three years from the date of the training. The training records must include dates of the training, topics covered, a list of licensee personnel in attendance, and related information.
012.04 PROTECTION OF INFORMATION. Information must be protected as follows.
012.04(A) LIMIT ACCESS. Licensees authorized to possess category 1 or category 2 quantities of radioactive material must limit access to and unauthorized disclosure of their security plan, implementing procedures, and the list of individuals that have been approved for unescorted access.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 012.04(B) EFFORTS TO LIMIT ACCESS. Efforts to limit access must include the development, implementation, and maintenance of written policies and procedures for controlling access to, and for proper handling and protection against unauthorized disclosure of, the security plan and implementing procedures.
012.04(C) INDIVIDUAL ACCESS REQUIREMENTS. Before granting an individual access to the security plan or implementing procedures, licensees must:
(i) Evaluate an individuals need to know the security plan or implementing procedures; and (ii) If the individual has not been authorized for unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling, the licensee must complete a background investigation to determine the individuals trustworthiness and reliability. A trustworthiness and reliability determination must be conducted by the reviewing official and must include the background investigation elements contained in 180 NAC 24-006.01(B) through 24-006.01(G).
012.04(D) INDIVIDUALS NOT SUBJECT TO BACKGROUND INVESTIGATION.
Licensees need not subject the following individuals to the background investigation elements for protection of information:
(i) The categories of individuals listed in 180 NAC 24-008.01, (A) through (M); or (ii) Security service provider employees, provided written verification that the employee has been determined to be trustworthy and reliable, by the required background investigation in 180 NAC 24-006.01(B) through 24-006.01(G), has been provided by the security service provider.
012.04(E) DOCUMENTATION. The licensee must document the basis for concluding that an individual is trustworthy and reliable and should be granted access to the security plan or implementing procedures.
012.04(F) LIST OF APPROVED PERSONS. Licensees must maintain a list of persons currently approved for access to the security plan or implementing procedures. When a licensee determines that a person no longer needs access to the security plan or implementing procedures or no longer meets the access authorization requirements for access to the information, the licensee must remove the person from the approved list as soon as possible, but no later than seven working days, and take prompt measures to ensure that the individual is unable to obtain the security plan or implementing procedures.
012.04(G) STORAGE. When not in use, the licensee must store its security plan and implementing procedures in a manner to prevent unauthorized access. Information stored in nonremovable electronic form must be password protected.
012.04(H) RECORD RETENTION. The licensee must retain as a record for three years after the document is no longer needed:
(i) A copy of the information protection procedures; and (ii) The list of individuals approved for access to the security plan or implementing procedures.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 013. LOCAL LAW ENFORCEMENT AGENCY (LLEA) COORDINATION. Licensees must coordinate with local law enforcement agencies (LLEA) as follows.
013.01 COORDINATION. A licensee subject to this 180 NAC 24-011 through 24-019 must coordinate, to the extent practicable, with a local law enforcement agency (LLEA) for responding to threats to the licensees facility, including any necessary armed response. The information provided to the local law enforcement agency (LLEA) must include:
013.01(A) DESCRIPTION OF FACILITIES AND SECURITY MEASURES. A description of the facilities and the category 1 and category 2 quantities of radioactive materials along with a description of the licensees security measures that have been implemented to comply with 180 NAC 24-011 through 24-019; and 013.01(B) TIMELY ARMED RESPONSE NOTIFICATION. A notification that the licensee will request a timely armed response by the local law enforcement agency (LLEA) to any actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of material.
013.02 NOTIFICATION. The licensee must notify the Department within three business days if the local law enforcement agency (LLEA):
(A) Has not responded to the request for coordination within 60 days of the coordination request; or (B) Notifies the licensee that the local law enforcement agency (LLEA) does not plan to participate in coordination activities.
013.03 DOCUMENTATION. The licensee must document its efforts to coordinate with the local law enforcement agency (LLEA). The documentation must be kept for three years.
013.04 COORDINATION FREQUENCY. The licensee must coordinate with the local law enforcement agency (LLEA) at least every 12 months, or when changes to the facility design or operation adversely affect the potential vulnerability of the licensees material to theft, sabotage, or diversion.
014. SECURITY ZONES. Security zones must be established as follows.
014.01 USE AND STORAGE WITHIN SECURITY ZONES. Licensees must ensure that all aggregated category 1 and category 2 quantities of radioactive material are used or stored within licensee-established security zones. Security zones may be permanent or temporary.
014.02 TEMPORARY SECURITY ZONES. Temporary security zones must be established as necessary to meet the licensees transitory or intermittent business activities, such as periods of maintenance, source delivery, and source replacement.
014.03 UNESCORTED ACCESS ONLY TO APPROVED INDIVIDUALS. Security zones must, at a minimum, allow unescorted access only to approved individuals through:
(A) Isolation of category 1 and category 2 quantities of radioactive materials by the use of continuous physical barriers that allow access to the security zone only through established access control points. A physical barrier is a natural or man-made
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 structure or formation sufficient for the isolation of the category 1 or category 2 quantities of radioactive material within a security zone; (B) Direct control of the security zone by approved individuals at all times; or (C) A combination of continuous physical barriers and direct control.
014.04 CONTINUOUS SURVEILLANCE OF SOURCES. For category 1 quantities of radioactive material during periods of maintenance, source receipt, preparation for shipment, installation, or source removal or exchange, the licensee must, at a minimum, provide sufficient individuals approved for unescorted access to maintain continuous surveillance of sources in temporary security zones and in any security zone in which physical barriers or intrusion detection systems have been disabled to allow such activities.
014.05 ESCORT FOR INDIVIDUALS NOT APPROVED FOR UNESCORTED ACCESS.
Individuals not approved for unescorted access to category 1 or category 2 quantities of radioactive material must be escorted by an approved individual when in a security zone.
015. MONITORING, DETECTION AND ASSESSMENT. This section addresses monitoring detection and assessment.
015.01 MONITORING AND DETECTION. Monitoring and detection must be performed as follows.
015.01(A) CONTINUOUSLY MONITOR AND DETECT. Licensees must establish and maintain the capability to continuously monitor and detect without delay all unauthorized entries into its security zones. Licensees must provide the means to maintain continuous monitoring and detection capability in the event of a loss of the primary power source, or provide for an alarm and response in the event of a loss of this capability to continuously monitor and detect unauthorized entries.
015.01(B) PERFORMANCE. Monitoring and detection must be performed by:
(i) A monitored intrusion detection system that is linked to an onsite or offsite central monitoring facility; (ii) Electronic devices for intrusion detection alarms that will alert nearby facility personnel; (iii) A monitored video surveillance system; (iv) Direct visual surveillance by approved individuals located within the security zone; or (v) Direct visual surveillance by a licensee designated individual located outside the security zone.
015.01(C) DETECT UNAUTHORIZED REMOVAL. A licensee subject to 180 NAC 24.011 through 24-019 must also have a means to detect unauthorized removal of the radioactive material from the security zone. This detection capability must provide the following capabilities.
015.01(C)(i) CATEGORY 1. For category 1 quantities of radioactive material, immediate detection of any attempted unauthorized removal of the radioactive material from the security zone. Such immediate detection capability must be provided by:
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 (1) Electronic sensors linked to an alarm; (2) Continuous monitored video surveillance; or (3) Direct visual surveillance.
015.01(C)(ii) CATEGORY 2. For category 2 quantities of radioactive material, weekly verification through physical checks, tamper indicating devices, use, or other means to ensure that the radioactive material is present.
015.02 IMMEDIATE ASSESSMENT. Licensees must immediately assess each actual or attempted unauthorized entry into the security zone to determine whether the unauthorized access was an actual or attempted theft, sabotage, or diversion.
015.03 PERSONNEL COMMUNICATIONS AND DATA TRANSMISSION. For personnel and automated or electronic systems supporting the licensees monitoring, detection, and assessment systems, licensees must:
(A) Maintain continuous capability for personnel communication and electronic data transmission and processing among site security systems; and (B) Provide an alternative communication capability for personnel, and an alternative data transmission and processing capability, in the event of a loss of the primary means of communication or data transmission and processing. Alternative communications and data transmission systems may not be subject to the same failure modes as the primary systems.
015.04 IMMEDIATE RESPONSE. Licensees must immediately respond to any actual or attempted unauthorized access to the security zones, or actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material at licensee facilities or temporary job sites. For any unauthorized access involving an actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material, the licensees response must include requesting, without delay, an armed response from the local law enforcement agency (LLEA).
016. MAINTENANCE AND TESTING. Maintenance and testing program requirements are as follows.
016.01 MAINTENANCE AND TESTING PROGRAM. Each licensee subject to 180 NAC 24-011 through 24-019 must implement a maintenance and testing program to ensure that intrusion alarms, associated communication systems, and other physical components of the systems used to secure or detect unauthorized access to radioactive material are maintained in operable condition and are capable of performing their intended function when needed. The equipment relied on to meet the security requirements of 180 NAC 24 must be inspected and tested for operability and performance at the manufacturers suggested frequency. If there is no suggested manufacturers suggested frequency, the testing must be performed at least annually, not to exceed 12 months.
016.02 RECORDS. The licensee must maintain records on the maintenance and testing activities for three years.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 017. REQUIREMENTS FOR MOBILE DEVICES. Each licensee that possesses mobile devices containing category 1 or category 2 quantities of radioactive material must:
017.01 TANGIBLE BARRIERS. Have two independent physical controls that form tangible barriers to secure the material from unauthorized removal when the device is not under direct control and constant surveillance by the licensee; and 017.02 DISABILING OF THE VEHICLE. Utilize a method to disable the vehicle or trailer when not under direct control and constant surveillance by the licensee for devices in or on a vehicle or trailer, unless the health and safety requirements for a site prohibit the disabling of the vehicle. Licensees must not rely on the removal of an ignition key to meet this requirement.
018. SECURITY PROGRAM REVIEW. Security program reviews must be performed as follows.
018.01 CONTINUTING EFFECTIVENESS. Each licensee must be responsible for the continuing effectiveness of the security program. Each licensee must ensure that the security program is reviewed to confirm compliance with the requirements of 180 NAC 24-011 through 24-019 and that comprehensive actions are taken to correct any noncompliance that is identified. The review must include the radioactive material security program content and implementation. Each licensee must periodically, at least annually, review the security program content and implementation.
018.02 RESULTS AND RECOMMENDATIONS. The results of the review, along with any recommendations, must be documented. Each review report must identify conditions that are adverse to the proper performance of the security program, the cause of the condition or conditions, and when appropriate, recommend corrective actions, and corrective actions taken. The licensee must review the findings and take any additional corrective actions necessary to preclude repetition of the condition, including reassessment of the deficient areas where indicated.
018.03 RECORDS. The licensee must maintain the review documentation for three years.
019. REPORTING OF EVENTS. Events must be reported as follows.
019.01 IMMEDIATE NOTIFICATION. The licensee must immediately notify the local law enforcement agency (LLEA) after determining that an unauthorized entry resulted in an actual or attempted theft, sabotage, or diversion of a category 1 or category 2 quantity of radioactive material. As soon as possible after initiating a response, but not at the expense of causing delay or interfering with the local law enforcement agency (LLEA) response to the event, the licensee must notify the Office of Radiological Health at (402) 471-2168 during business hours or (402) 479-4921 after business hours. In no case must the notification to the Department be later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any attempted or actual theft, sabotage, or diversion.
019.02 SUSPICIOUS ACTIVITY ASSESSMENT. The licensee must assess any suspicious activity related to possible theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material and notify the local law enforcement agency (LLEA) as appropriate. As soon as possible but not later than four hours after notifying the local law enforcement agency
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 (LLEA), the licensee must notify the notify the Office of Radiological Health at (402) 471-2168 during business hours or (402) 479-4921 after business hours.
019.03 WRITTEN NOTIFICATION. The initial telephonic notification required by 180 NAC 24-019.01 must be followed within a period of 30 days by a written report submitted to the Department in accordance with 180 NAC 1-012. The report must include sufficient information for Department analysis and evaluation, including identification of any necessary corrective actions to prevent future instances.
020. ADDITIONAL REQUIREMENTS FOR TRANSFER OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL. A licensee transferring a category 1 or category 2 quantity of radioactive material to a licensee of the, U.S. Nuclear Regulatory Commission (NRC) or an Agreement State must meet the license verification provisions listed below instead of those listed in 180 NAC 3-025.04.
020.01 TRANSFER OF CATEGORY 1 QUANTITIES. Any licensee transferring category 1 quantities of radioactive material to a licensee of the Department, U.S. Nuclear Regulatory Commission (NRC) or an Agreement State, prior to conducting such transfer, must verify with the U.S. Nuclear Regulatory Commission (NRC)s license verification system or the license issuing authority that the transferees license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred and that the licensee is authorized to receive radioactive material at the location requested for delivery. If the verification is conducted by contacting the license issuing authority, the transferor must document the verification. For transfers within the same organization, the licensee does not need to verify the transfer.
020.02 TRANSFER OF CATEGORY 2 QUANTITIES. Any licensee transferring category 2 quantities of radioactive material to a licensee of the Department, U.S. Nuclear Regulatory Commission (NRC) or an Agreement State, prior to conducting such transfer, must verify with the U.S. Nuclear Regulatory Commission (NRC)s license verification system or the license issuing authority that the transferees license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred. If the verification is conducted by contacting the license issuing authority, the transferor must document the verification. For transfers within the same organization, the licensee does not need to verify the transfer.
020.03 EMERGENCY WRITTEN CERTIFICATION. In an emergency where the licensee cannot reach the license issuing authority and the license verification system is nonfunctional, the licensee may accept a written certification by the transferee that it is authorized by license to receive the type, form, and quantity of radioactive material to be transferred. The certification must include the license number, current revision number, issuing agency, expiration date, and for a category 1 shipment the authorized address. The licensee must keep a copy of the certification. The certification must be confirmed by use of the U.S. Nuclear Regulatory (NRC)s license verification system or by contacting the license issuing authority by the end of the next business day.
020.04 RECORDS. The transferor must keep a copy of the verification documentation as a record for three years.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 021. APPLICABILITY OF PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL DURING TRANSIT. This section addresses the physical protection of category 1 and category 2 quantities of radioactive material during transit.
021.01 PHYSICAL PROTECTION OF CATEGORY 1 QUANTITIES. For shipments of category 1 quantities of radioactive material, each shipping licensee must comply with the requirements for physical protection contained in 180 NAC 24-022.01 and 24-022.05; 180 NAC 24-023;24-024.01(A),24-024.02(A),24-024.03, and 24-025.01,24-025.03,24-025.05,24-025.07 and 24-025.08.
021.02 PHYSICAL PROTECTION OF CATEGORY 2 QUANTITIES. For shipments of category 2 quantities of radioactive material, each shipping licensee must comply with the requirements for physical protection contained in 180 NAC 24-022.02 through 24-022.05;24-024.01(B),24-024.01(C),24-024.02(B), and 24-024.03; and 24-025.02,24-025.04,24-025.06,24-025.07 and 24-025.08. For those shipments of category 2 quantities of radioactive material that meet the criteria of 180 NAC 13-020.02, the shipping licensee must also comply with the advance notification provisions of 180 NAC 13-020.
021.03 SHIPPING LICENSEE. The shipping licensee must be responsible for meeting the requirements of this 180 NAC 24-020 through 24-025 unless the receiving licensee has agreed in writing to arrange for the in-transit physical protection required under 180 NAC 24-020 through 24-025.
021.04 IMPORT OR EXPORT OF CATEGORY 1 QUANTITIES. Each licensee that imports or exports category 1 quantities of radioactive material must comply with the requirements for physical protection during transit contained in 24-022.01(B) and 24-022.05;24-023, and 24-024.01(A),24-024.02(A), and 24-024.03; and 24-025.01,24-025.03,24-025.05,24-025.07 and 24-025.08 for the domestic portion of the shipment.
021.05 IMPORT OR EXPORT OF CATEGORY 2 QUANTITIES. Each licensee that imports or exports category 2 quantities of radioactive material must comply with the requirements for physical protection during transit contained in 180 NAC 24-024.01(B).24-024.01(C) and 24-024.02(B), and 180 NAC 24-025.02,24-025.04,24-025.06,24-025.07 and 24-025.08 for the domestic portion of the shipment.
022. PREPLANNING AND COORDINATION OF SHIPMENT OF CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL. Shipment of category 1 or category 2 quantities of radioactive material must be preplanned and coordinated as follows.
022.01 PREPLANNING. Each licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 1 quantity of radioactive material outside the confines of the licensees facility or other place of use or storage must:
(A) Preplan and coordinate shipment arrival and departure times with the receiving licensee; (B) Preplan and coordinate shipment information with the governor or the governors designee of any State through which the shipment will pass to:
(i) Discuss the States intention to provide law enforcement escorts; and (ii) Identify safe havens; and
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 (C) Document the preplanning and coordination activities.
022.02 SHIPMENT COORDINATION. Each licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 2 quantity of radioactive material outside the confines of the licensees facility or other place of use or storage must coordinate the shipment no-later-than arrival time and the expected shipment arrival with the receiving licensee. The licensee must document the coordination activities.
022.03 CONFIRMATION OF RECEIPT. Each licensee who receives a shipment of a category 2 quantity of radioactive material must confirm receipt of the shipment with the originator. If the shipment has not arrived by the no-later-than arrival time, the receiving licensee must notify the originator.
022.04 NEW NO-LATER-THAN ARRIVAL TIME NOTIFICATION. Each licensee, who transports or plans to transport a shipment of a category 2 quantity of radioactive material, and determines that the shipment will arrive after the no-later-than arrival time provided according to 180 NAC 24-022.02, must promptly notify the receiving licensee of the new no-later-than arrival time.
022.05 DOCUMENTATION RETENTION PERIOD. The licensee must retain a copy of the documentation for preplanning and coordination and any revision thereof, as a record for three years.
023. ADVANCE NOTIFICATION OF SHIPMENT OF CATEGORY 1 QUANTITIES OF RADIOACTIVE MATERIAL. As specified in 180 NAC 24-023.01 and 24-023.02, each licensee must provide advance notification to the U.S. Nuclear Regulatory Commission (NRC) and the governor of a state, or the governors designee, of the shipment of licensed material in a category 1 quantity, through or across the boundary of the state, before the transport, or delivery to a carrier for transport of the licensed material outside the confines of the licensees facility or other place of use or storage.
023.01 SUBMISSION. Procedures for submitting advance notification:
(A) The notification must be made to the U.S. Nuclear Regulatory Commission (NRC),
the Department and to the office of each appropriate governor or governors designee. The contact information, including telephone and mailing addresses, of governors and governors designees, is available on the U.S. Nuclear Regulatory Commission (NRC)s Web site at https://scp.nrc.gov/special/designee.pdf. A list of the contact information is also available upon request from the Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Notifications to the U.S. Nuclear Regulatory Commission (NRC) must be to the U.S. Nuclear Regulatory Commission (NRC) Director, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The notification to the U.S. Nuclear Regulatory Commission (NRC) may be made by email to RAMQC_SHIPMENTS@nrc.gov or by fax to 301-816-5151.
(B) A notification delivered by mail must be postmarked at least seven days before transport of the shipment commences at the shipping facility.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 (C) A notification delivered by any means other than mail must reach the Department or at least 4 days before the transport of the shipment commences and must reach the office of the governor or the governors designee at least 4 days before transport of a shipment within or through the State.
023.02 INFORMATION REQUIREMENTS. Information to be furnished in advance notification of shipment. Each advance notification of shipment of category 1 quantities of radioactive material must contain the following information, if available at the time of notification:
(A) The name, address, and telephone number of the shipper, carrier, and receiver of the category 1 radioactive material; (B) The license numbers of the shipper and receiver; (C) A description of the radioactive material contained in the shipment, including the radionuclides and quantity; (D) The point of origin of the shipment and the estimated time and date that shipment will commence; (E) The estimated time and date that the shipment is expected to enter each State along the route; (F) The estimated time and date of arrival of the shipment at the destination; and (G) A point of contact, with a telephone number, for current shipment information.
023.03 REVISION NOTICES. Revision notices must be provided as follows.
023.03(A) ADDITIONAL INFORMATION. The licensee must provide any information not previously available at the time of the initial notification, as soon as the information becomes available but not later than commencement of the shipment, the Department, the governor of the State or the governors designee and to the U.S. Regulatory Commissions Director, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
023.03(B) INFORMATION CHANGES. A licensee must promptly notify the U.S. Nuclear Regulatory Commission (NRC), the Department, the governor of the state or the governors designee of any changes to the information provided in accordance with 180 NAC 24-023.02 and 24-023.03(A).
023.04 CANCELLATION NOTICE. Each licensee who cancels a shipment for which advance notification has been sent must send a cancellation notice to the Department, the governor of each State or to the governors designee previously notified and to the U.S. Nuclear Regulatory Commission's Director, Office of Nuclear Security and Incident Response, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. The licensee must send the cancellation notice before the shipment would have commenced or as soon thereafter as possible. The licensee must state in the notice that it is a cancellation and identify the advance notification that is being cancelled.
023.05 RECORDS. The licensee must retain a copy of the advance notification and any revision and cancellation notices as a record for three years.
023.06 PROTECTION OF INFORMATION. State officials, state employees, and other individuals, whether or not licensees of the Nuclear Regulatory Commission (NRC) or an
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 Agreement State, who receive schedule information of the kind specified in 24-023.02 must protect that information against unauthorized disclosure as specified in 24-012.04.
024. REQUIREMENTS FOR PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL DURING SHIPMENT. This section addresses the requirements for physical protection of category 1 and category 2 quantities of radioactive material during shipment.
024.01 SHIPMENT BY ROAD. Requirements for physical protection of category 1 and category 2 quantities of radioactive material during shipment by road are as follows.
024.01(A) CATEGORY 1 SINGLE SHIPMENT. Each licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 1 quantity of radioactive material must:
(i) Ensure that movement control centers are established that maintain position information from a remote location. These control centers must monitor shipments 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, seven days a week, and have the ability to communicate immediately, in an emergency, with the appropriate law enforcement agencies.
(ii) Ensure that redundant communications are established that allow the transport to contact the escort vehicle (when used) and movement control center at all times.
Redundant communications may not be subject to the same interference factors as the primary communication.
(iii) Ensure that shipments are continuously and actively monitored by a telemetric position monitoring system or an alternative tracking system reporting to a movement control center. A movement control center must provide positive confirmation of the location, status, and control over the shipment. The movement control center must be prepared to promptly implement preplanned procedures in response to deviations from the authorized route or a notification of actual, attempted, or suspicious activities related to the theft, loss, or diversion of a shipment. These procedures will include, but not be limited to, the identification of and contact information for the appropriate local law enforcement agency (LLEA) along the shipment route.
(iv) Provide an individual to accompany the driver for those highway shipments with a driving time period greater than the maximum number of allowable hours of service in a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> duty day as established by the Department of Transportation Federal Motor Carrier Safety Administration. The accompanying individual may be another driver.
(v) Develop written normal and contingency procedures to address:
(1) Notifications to the communication center and law enforcement agencies; (2) Communication protocols. Communication protocols must include a strategy for the use of authentication codes and duress codes and provisions for refueling or other stops, detours, and locations where communication is expected to be temporarily lost; (3) Loss of communications; and (4) Responses to an actual or attempted theft or diversion of a shipment; and (vi) Ensure that drivers, accompanying personnel, and movement control center personnel have access to the normal and contingency procedures for each
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 licensee who makes arrangements for the shipment of category 1 quantities of radioactive material.
024.01(B) CONSTANT CONTROL OR SURVEILLANCE OF CATEGORY 2 MATERIAL TRANSPORT. Each licensee that transports category 2 quantities of radioactive material must maintain constant control or surveillance during transit and have the capability for immediate communication to summon appropriate response or assistance.
024.01(C) CATEGORY 2 SINGLE SHIPMENT. Each licensee who delivers to a carrier for transport, in a single shipment, a category 2 quantity of radioactive material must:
(i) An established package tracking system is a documented, proven, and reliable system routinely used to transport objects of value. In order for a package tracking system to maintain constant control or surveillance, the package tracking system must allow the shipper or transporter to identify when and where the package was last and when it should arrive at the next point of control.
(ii) Use carriers that maintain constant control or surveillance during transit and have the capability for immediate communication to summon appropriate response or assistance; and (iii) Use carriers that have established tracking systems that require an authorized signature prior to releasing the package for delivery or return.
024.02 SHIPMENT BY RAIL. Requirements for physical protection of category 1 and category 2 quantities of radioactive material during shipment by rail are as follows.
024.02(A) CATEGORY 1 SINGLE SHIPMENT. Each licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 1 quantity of radioactive material must:
(i) Ensure that rail shipments are monitored by a telemetric position monitoring system or an alternative tracking system reporting to the licensee, third-party, or railroad communications center. The communications center must provide positive confirmation of the location of the shipment and its status. The communications center must implement preplanned procedures in response to deviations from the authorized route or to a notification of actual, attempted, or suspicious activities related to the theft or diversion of a shipment. These procedures will include, but not be limited to, the identification of and contact information for the appropriate local law enforcement agency (LLEA) along the shipment route; and (ii) Ensure that periodic reports to the communications center are made at preset intervals.
024.02(B) CATEGORY 2 SINGLE SHIPMENT. Each licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 2 quantity of radioactive material must:
(i) Use carriers that have established package tracking systems. An established package tracking system is a documented, proven, and reliable system routinely used to transport objects of value. In order for a package tracking system to maintain constant control or surveillance, the package tracking system must allow
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 the shipper or transporter to identify when and where the package was last and when it should arrive at the next point of control.
(ii) Use carriers that maintain constant control or surveillance during transit and have the capability for immediate communication to summon appropriate response or assistance; and (iii) Use carriers that have established tracking systems that require an authorized signature prior to releasing the package for delivery or return.
024.03 INVESTIGATIONS. Each licensee who makes arrangements for the shipment of category 1 quantities of radioactive material must immediately conduct an investigation upon the discovery that a category 1 shipment is lost or missing. Each licensee who makes arrangements for the shipment of category 2 quantities of radioactive material must immediately conduct an investigation, in coordination with the receiving licensee, of any shipment that has not arrived by the designated no-later-than arrival time.
025. REPORTING OF EVENTS. Events must be reported as follows.
025.01 CATEGORY 1 IMMEDIATE NOTIFICATION OF LOSS. The shipping licensee must notify the appropriate local law enforcement agency (LLEA) and the licensee must notify the Office of Radiological Health at (402) 471-2168 during business hours or (402) 479-4921 after business hours within one hour of its determination that a shipment of category 1 quantities of radioactive material is lost or missing. The appropriate local law enforcement agency (LLEA) would be the law enforcement agency in the area of the shipments last confirmed location. During the investigation required by 180 NAC 24-024.03, the shipping licensee will provide agreed upon updates to the Department on the status of the investigation.
025.02 CATEGORY 2 IMMEDIATE NOTIFICATION OF LOSS. The shipping licensee must notify the Office of Radiological Health at (402) 471-2168 during business hours or (402) 479-4921 after business hours within four hours of its determination that a shipment of category 2 quantities of radioactive material is lost or missing. If, after 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of its determination that the shipment is lost or missing, the radioactive material has not been located and secured, the licensee must immediately notify the Department.
025.03 CATEGORY 1 NOTIFICATION OF THEFT OR DIVERSION. The shipping licensee must notify the designated local law enforcement agency (LLEA) along the shipment route as soon as possible upon discovery of any actual or attempted theft or diversion of a shipment or suspicious activities related to the theft or diversion of a shipment of a category 1 quantity of radioactive material. As soon as possible after notifying the local law enforcement agency (LLEA), the licensee must notify the Department upon discovery of any actual or attempted theft or diversion of a shipment, or any suspicious activity related to the shipment of category 1 radioactive material.
025.04 CATEGORY 2 NOTIFICATION OF THEFT OR DIVERSION. The shipping licensee must notify the Office of Radiological Health at (402) 471-2168 during business hours or (402) 479-4921 after business hours as soon as possible upon discovery of any actual or attempted theft or diversion of a shipment, or any suspicious activity related to the shipment, of a category 2 quantity of radioactive material.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 025.05 CATEGORY 1 NOTIFICATION OF RECOVERY. The shipping licensee must notify the Office of Radiological Health at (402) 471-2168 during business hours or (402) 479-4921 after business hours and the local law enforcement agency (LLEA) as soon as possible upon recovery of any lost or missing category 1 quantities of radioactive material.
025.06 CATEGORY 2 NOTIFICATION OF RECOVERY. The shipping licensee must notify the Office of Radiological Health at (402) 471-2168 during business hours or (402) 479-4921 after business hours as soon as possible upon recovery of any lost or missing category 2 quantities of radioactive material.
025.07 SUBMISSION OF WRITTEN REPORT. The initial telephonic notification required by 180 NAC 24-025.01 through 24-025.04 must be followed within a period of 30 days by a written report submitted to the Department in accordance with 180 NAC 1-012. A written report is not required for notifications on suspicious activities required by 180 NAC 24-025.03 and 24-025.04. The report must include the following information:
(A) A description of the licensed material involved, including kind, quantity, and chemical and physical form; (B) A description of the circumstances under which the loss or theft occurred; (C) A statement of disposition, or probable disposition, of the licensed material involved; (D) Actions that have been taken, or will be taken, to recover the material; and (E) Procedures or measures that have been, or will be, adopted to ensure against a recurrence of the loss or theft of licensed material.
025.08 REPORT OF ADDITIONAL SUBSTANTIVE INFORMATION. Subsequent to filing the written report, the licensee must also report any additional substantive information on the loss or theft within 30 days after the licensee learns of such information.
026. FORM OF RECORDS. Each record required by 180 NAC 24 must be legible throughout the retention period specified by Department regulation. The record may be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period.
Records such as letters, drawings, and specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee must maintain adequate safeguards against tampering with and loss of records.
027. RECORD RETENTION. Licensees must maintain the records that are required by the regulations in 180 NAC 24 for the period specified by the appropriate regulation. If a retention period is not otherwise specified, these records must be retained until the Department terminates the facilitys license. All records related to 180 NAC 24 may be destroyed upon Department termination of the facility license.
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 APPENDIX 24 -A Table 1 - Category 1 and Category 2 Threshold The terabecquerel (TBq) values are the regulatory standard. The curie (Ci) values specified are obtained by converting from the TBq value. The curie values are provided for practical usefulness only.
Category 1 Category 1 Category 2 Category 2 Radioactive material (TBq) (Ci) (TBq) (Ci)
Americium-241 60 1,620 0.6 16.2 Americium-241/Be 60 1,620 0.6 16.2 Californium-252 20 540 0.2 5.40 Cobalt-60 30 810 0.3 8.10 Curium-244 50 1,350 0.5 13.5 Cesium-137 100 2,700 1 27.0 Gadolinium-153 1,000 27,000 10 270 Iridium-192 80 2,160 0.8 21.6 Plutonium-238 60 1,620 0.6 16.2 Plutonium-239/Be 60 1,620 0.6 16.2 Promethium-147 40,000 1,080,000 400 10,800 Radium-226 40 1,080 0.4 10.8 Selenium-75 200 5,400 2 54.0 Strontium-90 1,000 27,000 10 270 Thulium-170 20,000 540,000 200 5,400 Ytterbium-169 300 8,100 3 81.0 Note: Calculations Concerning Multiple Sources or Multiple Radionuclides
EFFECTIVE NEBRASKA DEPARTMENT OF 11-25-2020 HEALTH AND HUMAN SERVICES 180 NAC 24 The sum of fractions methodology for evaluating combinations of multiple sources or multiple radionuclides is to be used in determining whether a location meets or exceeds the threshold and is thus subject to the requirements of this part.
I. If multiple sources of the same radionuclide and/or multiple radionuclides are aggregated at a location, the sum of the ratios of the total activity of each of the radionuclides must be determined to verify whether the activity at the location is less than the category 1 or category 2 thresholds of Table 1, as appropriate. If the calculated sum of the ratios, using the equation below, is greater than or equal to 1.0, then the applicable requirements of this part apply.
II. First determine the total activity for each radionuclide from Table 1 of Appendix 24-A. This is done by adding the activity of each individual source, material in any device, and any loose or bulk material that contains the radionuclide. Then use the equation below to calculate the sum of the ratios by inserting the total activity of the applicable radionuclides from Table 1 of Appendix 24-A in the numerator of the equation and the corresponding threshold activity from Table 1 in the denominator of the equation. Calculations must be performed in metric values (i.e., TBq) and the numerator and denominator values must be in the same units.
R1 = total activity for radionuclide 1 R2 = total activity for radionuclide 2 R n = total activity for radionuclide n AR1 = activity threshold for radionuclide 1 AR2 = activity threshold for radionuclide 2 ARn = activity threshold for radionuclide n R1 R2 Rn n
AR 1 1 AR2 ARn 1.0