DHS 157.03 (221m) Note: Appendix T is used to determine the category 1 and category 2 thresholds for a nationally tracked source. The category 1 and category 2 thresholds in Appendix T and Appendix U are not interchangeable.
DHS 157.03 (228m) "No-later-than arrival time" means the date and time that the shipping licensee and receiving licensee have established as the time at which an investigation will be initiated if the shipment has not arrived at the receiving facility. The no-later-than arrival time may not be more than 6 hours after the estimated arrival time for shipments of category 2 quantities of radioactive material.
DHS 157.03 (230m) “Non-fixed contamination” means contamination that can be removed from a surface during normal conditions of transport.
DHS 157.03 (318m) "Reviewing official" means the individual who shall make the trustworthiness and reliability determination of an individual to determine whether the individual may have, or continue to have, unescorted access to the category 1 or category 2 quantities of radioactive materials that are possessed by the licensee.
DHS 157.03 (319g) “Sabotage” means the act of an person who intentionally damages, interferes, or tampers with reasonable grounds to believe his or her act will hinder, delay, or interfere with the normal operation of any one of the following:
(a)
A category 1 or category 2 quantity of radioactive material.(b)
A device that contains a category 1 or category 2 quantity of radioactive material.(c) The components of the security system.
DHS 157.03 (319r) "Safe haven" means a readily recognizable and readily accessible site at which security is present or from which, in the event of an emergency, the transport crew can notify and wait for the local law enforcement authorities.
DHS 157.03 (331g) “Security order” means any order that was issued by the NRC that required fingerprints and an FBI criminal history records check for access to any one of the following:
(a) Safeguards information.
(b) Safeguards information-modified handling.
(c) Risk significant material such as special nuclear material or large quantities of uranium hexafluoride.
DHS 157.03 (331r) "Security zone" means any temporary or permanent area established by the licensee for the physical protection of category 1 or category 2 quantities of radioactive material.
DHS 157.03 (374m) "Telemetric position monitoring system" means a data transfer system that captures information by instrumentation or measuring devices about the location and status of a transport vehicle or package between the departure and destination locations.
DHS 157.03 (392m) “Tribal official” means the highest ranking individual that represents Tribal leadership, such as the Chief, President, or Tribal Council leadership.
DHS 157.03 (393m) "Trustworthiness and reliability" means the 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.
DHS 157.03 (402g) "Unescorted access" means solitary access to a category 1 or category 2 quantity of radioactive material or the devices that contain the material.
SECTION 8. DHS 157.03 (402m) is renumbered DHS 157.03 (402r).
SECTION 9. DHS 157.03 (404) and (419m) are amended to read:
DHS 157.03 (404) "Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such as grinding, roasting, refining or altering the ore from its natural state. Processing does not include sieving or encapsulation of ore or preparation of samples for laboratory analysis.
DHS 157.03 ((419m) "Well-logging Well logging assistant" means any individual who, under the personal supervision of a well logging supervisor, handles sources of radiation that are not in logging tools or shipping containers or who performs surveys required by s. DHS 157.55. SECTION 10. DHS 157.09 (1) (a) (intro.), and (1) (a) 5. a. and b. are amended to read:
DHS 157.09 (1) (a) A person is exempt from this subchapter subch. III and X if the person receives, possesses, uses, owns or transfers any of the following types and forms of source material:
DHS 157.09 (1) (a) 5. a. Glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20% by weight source material.
DHS 157.09 (1) (a) 5. b. Glassware containing not more than 102% by weight source material, or for glassware manufactured before August 27, 2013, 10% by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile or other glass or ceramic used in construction.
SECTION 11. DHS 157.09 (1) (a) 8. a. is repealed.
SECTION 12. DHS 157.09 (1) (a) 8. b., c., and d. are renumbered DHS 157.09 (1) (a) 8. a., b., and c.
SECTION 13. DHS 157.09 (1) (a) 10. (intro.) is amended to read:
DHS 157.09 (1) (a) 10. (intro.) Thorium or uranium contained in or on finished optical lenses, provided that a lens does not contain more than 3010% by weight of thorium or uranium or for lenses manufactured before August 27, 2013, 30% by weight of thorium and that this exemption is not deemed to authorize either of the following:
SECTION 14. DHS 157.09 (1) (a) 11. and 12. are repealed and recreated to read:
DHS 157.09 (1) (a) 11. Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that the thorium is dispersed in the alloy in the form of finely divided thoria, and the thorium content in the nickel-thoria alloy does not exceed 4% by weight.
DHS 157.09 (1) (a) 12. Only persons authorized by a license issued under 10 CFR 40.52, may initially transfer for sale or distribution such products containing source material to a person exempt under this subsection. SECTION 15. DHS 157.09 (1) (a) 13. is created to read:
DHS 157.09 (1) (a) 13. Persons authorized by an agreement state to manufacture, process, or produce materials or products containing source material, and persons who import finished products or parts for sale or distribution, shall be licensed for distribution only under 10 CFR 40.52, and are exempt from s. DHS 157.13 (2) (a) and (b), and subch. III and X. SECTION 16. DHS 157.09 (2) (c) 7. is amended to read:
DHS 157.09 (2) (c) 7. Electron tubes, including spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents, provided that the radiation dose rate from each electron tube containing radioactive material does not exceed 10 uGy microgy (1 millirad) per hour at one centimeter from any surface when measured through 7 milligrams per square centimeter of absorber and that each tube does not contain more than one of the following specified quantities of radioactive material:
SECTION 17. DHS 157.09 (2) (c) 9., 10., and 11. are created to read:
DHS 157.09 (2) (c) 9. Static elimination devices which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device.
DHS 157.09 (2) (c) 10. Ion generating tubes designed for ionization of air that contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device or of a total of not more than 1.85 GBq (50 mCi) of hydrogen-3 (tritium) per device.
