Minnesota Administrative Rules
Agency 144 - Health Department
Chapter 4731 - RADIATION SAFETY
PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL
Part 4731.8055 - GENERAL SECURITY PROGRAM REQUIREMENTS
Universal Citation: MN Rules 4731.8055
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Security plan.
A. Each licensee identified in part 4731.8050
must develop a written security plan specific to its facilities and operations.
The purpose of the security plan is to establish the licensee's overall
security strategy to ensure the integrated and effective functioning of the
security program required by parts 4731.8050 to 4731.8090. The security plan
must, at a minimum:
(1) describe the measures
and strategies used to implement the requirements of parts 4731.8050 to
4731.8090; and
(2) identify the
security resources, equipment, and technology used to satisfy the requirements
of parts 4731.8050 to 4731.8090.
B. The security plan must be reviewed and
approved by the individual with overall responsibility for the security
program.
C. A licensee must revise
its security plan as necessary to ensure the effective implementation of
commissioner requirements. The licensee must ensure that:
(1) the revision has been reviewed and
approved by the individual with overall responsibility for the security
program; and
(2) the affected
individuals are instructed on the revised plan before the changes are
implemented.
D. 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is superseded, the licensee must retain the superseded material for three years
after the record is superseded.
Subp. 2. Implementing procedures.
A. The licensee must develop and maintain
written procedures that document how the requirements of parts 4731.8050 to
4731.8090 and the security plan will be met.
B. The implementing procedures and revisions
to these procedures must be approved in writing by the individual with overall
responsibility for the security program.
C. 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 Superseded portions of the procedure must be retained for three years
after the record is superseded.
Subp. 3. Training.
A. 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. The
training must include instruction in:
(1) the
licensee's 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;
(2) the
responsibility to report promptly to the licensee any condition that causes or
may cause a violation of commissioner requirements;
(3) 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
(4)
the appropriate response to security alarms.
B. In determining those individuals who must
be trained on the security program, the licensee must consider each
individual's 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 be commensurate with the individual's potential
involvement in the security of category 1 or category 2 quantities of
radioactive material.
C. 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:
(1) review of the training
requirements of this subpart and any changes made to the security program since
the last training;
(2) reports on
any relevant security issues, problems, and lessons learned;
(3) relevant results of commissioner
inspections; and
(4) relevant
results of the licensee's program review and testing and maintenance.
D. 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.
Subp. 4. Protection of information.
A.
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.
B. 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, implementing procedures, and the
list of individuals that have been approved for unescorted access.
C. Before granting an individual access to
the security plan, implementing procedures, or the list of individuals that
have been approved for unescorted access, licensees must:
(1) evaluate an individuals need to know the
security plan, implementing procedures, or the list of individuals that have
been approved for unescorted access; and
(2) 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
individual's trustworthiness and reliability. A trustworthiness and reliability
determination must be conducted by the reviewing official and must include the
background investigation elements contained in part 4731.8020, subpart 1, item
A, subitems (2) to (6), and item B.
D. Licensees need not subject the following
individuals to the background investigation elements for protection of
information:
(1) the categories of
individuals listed in part 4731.8030, subpart 1, items A to M; or
(2) security service provider employees,
provided written verification that the employee has been determined to be
trustworthy and reliable, by the required background investigation in part
4731.8020, subpart 1, item A, subitems (2) to (6), and item B, has been
provided by the security service provider.
E. The licensee must document the basis for
concluding that an individual is trustworthy and reliable in order to be
granted access to the security plan, implementing procedures, or the list of
individuals that have been approved for unescorted access.
F. Licensees must maintain a list of persons
currently approved for access to the security plan, implementing procedures, or
the list of individuals that have been approved for unescorted access. When a
licensee determines that a person no longer needs access to the security plan,
implementing procedures, or the list of individuals that have been approved for
unescorted access, 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, implementing procedures, or the list of individuals that have
been approved for unescorted access.
G. When not in use, the licensee must store
its security plan, implementing procedures, and the list of individuals that
have been approved for unescorted access in a manner to prevent unauthorized
access. Information stored in nonremovable electronic form must be password
protected.
H. The licensee must
retain as a record for three years after the document is no longer needed:
(1) a copy of the information protection
procedures; and
(2) the list of
individuals approved for access to the security plan, implementing procedures,
or the list of individuals that have been approved for unescorted
access.
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