(a) Each licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material shall establish, implement, and maintain a security program in accordance with the requirements of He-P 4038.14 through He-P 4038.22. In addition to those requirements, the licensee shall be subjected to the following:
- (1) An applicant for a new license and each licensee that would become newly subject to the requirements of He-P 4038.14 through He-P 4038.22 upon application for modification of its license shall implement the requirements of He-P 4038.14 through He-P 4038.22, as appropriate, before taking possession of an aggregated category 1 or category 2 quantity of radioactive material; and
- (2) Any licensee that has not previously implemented the security orders or been subject to the provisions of He-P 4038.14 through He-P 4038.22 shall provide written notification to DHHS/RHS as specified in He-P 4038.04 at least 90 days before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold.
- (b) Each licensee shall 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.
- (c) Each licensee's security program shall include the program features, as appropriate, described in He-P 4038.15 through He-P 4038.21.
Source. #11105, eff 5-25-16; amd by #12744, eff 3-20-19; ss by #13598, eff 3-24-23