reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.711 - Ventilation Systems

Current through Register 1525, July 5, 2024
(A) Ventilation
				systems shall be provided to ensure that personnel entering any area where
				airborne radioactivity may be produced will not be exposed to airborne
				radioactive material in excess of those limits specified in 120.296:
Appendix B
, Table I.
(B) A registrant, as required by
				105 CMR
				120.221, shall not vent, release, or
				otherwise discharge airborne radioactive material to an unrestricted area which
				exceeds the limits specified in
				105
				CMR 120.296:
Appendix B
,
				Table II, except as authorized pursuant to
				105 CMR
				120.221(A)(3)  or
				120.222(C).
				For purposes of 105 CMR 120.711(B), concentrations may be averaged over a
				period not greater than one year. Every effort should be made to maintain
				releases of radioactive material to unrestricted areas as far below these
				limits as is reasonably achievable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.751 - Purpose and Scope

Current through Register 1525, July 5, 2024
105 CMR 120.750 establishes requirements for notices,
				  instructions and reports by licensees or registrants to individuals engaged in
				  activities under a license or registration and options available to such
				  individuals in connection with Agency inspections of licensees or registrants
				  to ascertain compliance with the provisions of M.G.L. c. 111, §§ 3,
				  5M, 5N, 5O, and 5P and regulations, orders, and licenses issued thereunder
				  regarding radiological working conditions. 105 CMR 120.750 applies to all
				  persons who receive, possess, use, own, or transfer sources of radiation
				  registered with or licensed by the Agency pursuant to 105 CMR 120.020 and 105
				  CMR 120.100.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.752 - Posting of Notices to Workers

Current through Register 1525, July 5, 2024
(A) Each
				licensee or registrant shall post current copies of the following documents:
(1)105 CMR 120.750 and in 105 CMR
				120.200;
(2) The license,
				certificate of registration, conditions or documents incorporated into the
				license by reference and amendments thereto;
(3) The operating procedures applicable to
				activities under the license or registration; and,
(4) Any notice of violation involving
				radiological working conditions, proposed imposition of civil penalty, or order
				issued pursuant to 105 CMR 120.001, and any response from the licensee or
				registrant.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.753 - Instructions to Workers

Current through Register 1525, July 5, 2024
(A) All individuals
				who in the course of employment are likely to receive in a year an occupational
				dose in excess of one mSv (100 mrem)
(1)
				shall be kept informed of the storage, transfer, or use of sources of radiation
				in the licensee's or registrant's workplace;
(2) shall be instructed in the health
				protection problems associated with exposure to radiation or radioactive
				material to the individual and potential offspring, in precautions or
				procedures to minimize exposure, and in the purposes and functions of
				protective devices employed;
(3)
				Shall be instructed in, and instructed to observe, to the extent within the
				worker's control, the applicable provisions of 105 CMR 120.000 and licenses for
				the protection of personnel from exposures to radiation or radioactive
				material;
(4) Shall be instructed
				of their responsibility to report promptly to the licensee or registrant any
				condition which may constitute, lead to, or cause a violation of the Act, 105
				CMR 120.000, and licenses or unnecessary exposure to radiation or radioactive
				material;
(5) Shall be instructed
				in the appropriate response to warnings made in the event of any unusual
				occurrence or malfunction that may involve exposure to radiation or radioactive
				material; and,
(6) Shall be advised
				as to the radiation exposure reports which workers shall be furnished pursuant
				to
				105 CMR
				120.754.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.754 - Notifications and Reports to Individuals

Current through Register 1525, July 5, 2024
(A)
				Radiation exposure data for an individual and the results of any measurements,
				analyses, and calculations of radioactive material deposited or retained in the
				body of an individual shall be reported to the individual as specified in 105
				CMR 120.750. The information reported shall include data and results obtained
				pursuant to 105 CMR 120.000, orders, or license conditions, as shown in records
				maintained by the licensee or registrant pursuant to
				105 CMR
				120.267. Each notification and report shall:
(1) Be in writing;
(2) Include appropriate identifying data such
				as the name of the licensee or registrant, the name of the individual, and the
				individual's social security number;
(3) Include the individual's exposure
				information; and,
(4) Contain the
				following statement:
"This report is furnished to you under the provisions of 105
				  CMR 120.750. You should preserve this report for future reference."
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.755 - Presence of Representatives of Licensees or Registrants and Workers During Inspection

Current through Register 1525, July 5, 2024
(A) Each licensee
				or registrant shall afford to the Agency at all reasonable times opportunity to
				inspect materials, machines, activities, facilities, premises, and records
				pursuant to 105 CMR 120.000.
(B)
				During an inspection, Agency inspectors may consult privately with workers as
				specified in
				105 CMR
				120.756. The licensee or registrant may
				accompany Agency inspectors during other phases of an inspection.
(C) If, at the time of inspection, an
				individual has been authorized by the workers to represent them during Agency
				inspections, the licensee or registrant shall notify the inspectors of such
				authorization and shall give the workers' representative an opportunity to
				accompany the inspectors during the inspection of physical working
				conditions.
(D) Each worker's
				representative shall be routinely engaged in work under control of the licensee
				or registrant and shall have received instructions as specified in
				105 CMR
				120.753.
(E) Different representatives of licensees or
				registrants and workers may accompany the inspectors during different phases of
				an inspection if there is no resulting interference with the conduct of the
				inspection. However, only one workers' representative at a time may accompany
				the inspectors.
(F) With the
				approval of the licensee or registrant and the workers' representative, an
				individual who is not routinely engaged in work under control of the licensee
				or registrant, for example, a consultant to the licensee or registrant or to
				the workers' representative, shall be afforded the opportunity to accompany
				Agency inspectors during the inspection of physical working
				conditions.
(G) Notwithstanding the
				other provisions of 105 CMR 120.755, Agency inspectors are authorized to refuse
				to permit accompaniment by any individual who deliberately interferes with a
				fair and orderly inspection. With regard to areas containing information
				classified by an agency of the U.S. Government in the interest of national
				security, an individual who accompanies an inspector may have access to such
				information only if authorized to do so. With regard to any area containing
				proprietary information, the workers' representative for that area shall be an
				individual previously authorized by the licensee or registrant to enter that
				area.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.756 - Consultation with Workers During Inspections

Current through Register 1525, July 5, 2024
(A) Agency inspectors may consult privately
				with workers concerning matters of occupational radiation protection and other
				matters related to applicable provisions of 105 CMR 120.000 and licenses to the
				extent the inspectors deem necessary for the conduct of an effective and
				thorough inspection.
(B) During the
				course of an inspection, any worker may bring privately to the attention of the
				inspectors, either orally or in writing, any past or present condition which
				the worker has reason to believe may have contributed to or caused any
				violation of M.G.L. c. 111, §§, 5N, and 5P, 105 CMR 120.000, or
				license condition, or any unnecessary exposure of an individual to sources of
				radiation under the licensee's or registrant's control. Any such notice in
				writing shall comply with the requirements of
				105 CMR
				120.757(A).
(C) The provisions of 105 CMR 120.756(B)
				shall not be interpreted as authorization to disregard instructions pursuant to
				105 CMR
				120.753.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.757 - Requests by Workers for Inspections

Current through Register 1525, July 5, 2024
(A) Any
				worker or representative of workers believing that a violation of the Act, 105
				CMR 120.000, or license conditions exists or has occurred in work under a
				license or registration with regard to radiological working conditions in which
				the worker is engaged may request an inspection by giving notice of the alleged
				violation to the Agency. Any such notice shall be in writing, shall set forth
				the specific grounds for the notice, and shall be signed by the worker or
				representative of the workers. A copy shall be provided to the licensee or
				registrant by the Agency no later than at the time of inspection except that,
				upon the request of the worker giving such notice, his name and the name of
				individuals referred to therein shall not appear in such copy or on any record
				published, released, or made available by the Agency, except for good cause
				shown.
(B) If, upon receipt of such
				notice, the Agency determines that the complaint meets the requirements set
				forth in 105 CMR 120.757(A), and that there are reasonable grounds to believe
				that the alleged violation exists or has occurred, an inspection shall be made
				as soon as practicable to determine if such alleged violation exists or has
				occurred. Inspections pursuant to 105 CMR 120.757 need not be limited to
				matters referred to in the complaint.
(C) No licensee, registrant, or contractor or
				subcontractor of a licensee or registrant shall discharge or in any manner
				discriminate against any worker because such worker has filed any complaint or
				instituted or caused to be instituted any proceeding under 105 CMR 120.000 or
				has testified or is about to testify in any such proceeding or because of the
				exercise by such worker on behalf of himself or others of any option afforded
				by
				105 CMR
				120.750.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.758 - Inspections not Warranted; Informal Review

Current through Register 1525, July 5, 2024
(A)
(1) If
				the Agency determines, with respect to a complaint under
				105 CMR
				120.757, that an inspection is not warranted
				because there are no reasonable grounds to believe that a violation exists or
				has occurred, the Agency shall notify the complainant in writing of such
				determination. The complainant may obtain review of such determination by
				submitting a written statement of position with the Department. The Department
				will provide the licensee or registrant with a copy of such statement by
				certified mail, excluding, at the request of the complainant, the name of the
				complainant. The licensee or registrant may submit an opposing written
				statement of position with the Department. The Department will provide the
				complainant with a copy of such statement by certified mail.
(2) Upon the request of the complainant, the
				Department may hold an informal conference in which the complainant and the
				licensee or registrant may, orally present their views. An informal conference
				may also be held at the request of the licensee or registrant, but disclosure
				of the identity of the complainant will be made only following receipt of
				written authorization from the complainant. After considering all written and
				oral views presented, the Department shall affirm, modify, or reverse the
				determination of the Agency and furnish the complainant and the licensee or
				registrant a written notification of the decision and the reason
				therefor.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.760 - Emergency Plans

Current through Register 1525, July 5, 2024
The user should formulate suitable emergency plans as may be
				  indicated to protect his employees and the public against potential hazards due
				  to his specific source(s), and should make known the details and existence of
				  such plans to the Agency and such other public agencies having a concern;
				  including, but not limited to, boards of health, fire departments and police
				  departments.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › REPORTS › Section 120.771 - Purpose and Scope

Current through Register 1525, July 5, 2024
(A)
									105 CMR
				120.770 establishes requirements for
				packaging, preparation for shipment, and transportation of licensed
				material.
(B) The packaging and
				transport of licensed material are also subject to other sections of 105 CMR
				120.000 and to the regulations of other agencies (such as the United States
				Department of Transportation, the United States Postal Service and the United
				States Nuclear Regulatory Commission) having jurisdiction over means of
				transport. The requirements of
				105 CMR
				120.770 are in addition to, and not in
				substitution for, other requirements
(C)
									105 CMR
				120.770 applies to any licensee authorized by
				specific or general license issued by the Agency to receive, possess, use, or
				transfer licensed material, if the licensee delivers that material to a carrier
				for transport, transports the material outside the site of usage as specified
				in the Agency license, or transports that material on public highways. No
				provision of
				105 CMR
				120.770 authorizes possession of licensed
				material.
(D) Exemptions from the
				requirement for license in
				105 CMR
				120.773 are specified in
				105 CMR 120.775.
				General licenses for which no NRC package approval is required are issued in
				105 CMR
				120.780 through
				120.782.
				The general license in
				105
				CMR 120.777 requires that an NRC certificate
				of compliance or other package approval be issued for the package to be used
				under this general license. The transport of licensed material or delivery of
				licensed material to a carrier for transport is subject to the operating
				control and procedures requirements of
				105 CMR
				120.784 through
				120.790,
				to the quality assurance requirements of
				105 CMR
				120.791 through 120.797, and to the general
				provisions of 105 CMR 120.771 through
				120.774,
				including referenced United States Department of Transportation
				regulations.
(E)
									105 CMR
				120.770 applies to any person required to
				obtaina certificate of compliance or an approved compliance plan from the NRC
				pursuant to 10 CFR 76 if the person delivers radioactive material to a common
				or contract carrier for transport or transports the material outside the
				confines of the person's plant or other authorized place of use.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.773 - Requirement for License

Current through Register 1525, July 5, 2024
Except as authorized in a general license or a specific
				  license issued by the Agency, or as exempted in
				  105 CMR 120.775, no
				  licensee may:
(A) Deliver licensed
				material to a carrier for transport; or
(B) Transport licensed material.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.774 - Transportation of Licensed Material

Current through Register 1525, July 5, 2024
(A) Each
				licensee who transports licensed material outside the site of usage, as
				specified in the Agency license, or where transport is on public highways, or
				who delivers licensed material to a carrier for transport, shall comply with
				the applicable requirements of the U.S. Department of Transportation
				regulations in 49 CFR Parts 107, 171 through 180, and 390 through 397,
				appropriate to the mode of transport.
(1) The
				licensee shall particularly note DOT regulations in the following areas:
(a) Packaging - 49 CFR Part 173: Subparts A
				and B and I.
(b) Marking and
				labeling - 49 CFR Part 172: Subpart D, §§ 172.400 through 172.407,
				§§ 172.436 through 172.441, and Subpart E.
(c) Placarding - 49 CFR Part 172: Subpart F,
				especially §§ 172.500 through 172.519, 172.556, and Appendices B and
				C.
(d) Accident reporting - 49 CFR
				Part 171: §§ 171.15 and 171.16.
(e) Shipping papers and emergency information
				- 49 CFR Part 172: Subparts C and G.
(f) Hazardous material employee training - 49
				CFR Part 172: Subpart H.
(g)
				Security plans - 49 CFR Part 172: Subpart I.
(h) Hazardous material shipper/carrier
				registration - 49 CFR Part 107: Subpart G.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.775 - Exemptions

Current through Register 1525, July 5, 2024
(A) Any physician licensed by a State to
				dispense drugs in the practice of medicine is exempt from
				105 CMR
				120.774 with respect to transport by the
				physician of licensed material for use in the practice of medicine. However,
				any physician operating under 105 CMR 120.775 must be licensed under 10 CFR
				Part 35 or the equivalent Agreement State regulations.
(B) Common and contract carriers, freight
				forwarders, and warehouse workers who are subject to the requirements of the
				U.S. Department of Transportation in 49 CFR 170 through 189 or the U.S. Postal
				Service in the Postal Service Manual (Domestic Mail Manual), Section 124.3
				incorporated by reference, 39 CFR 111.11 (1974), and the U.S. Postal Service
				are exempt from the requirements of
				105 CMR
				120.770 to the extent that they transport or
				store radioactive material in the regular course of their carriage for others
				or storage incident thereto. Common and contract carriers who are not subject
				to the requirements of the U.S. Department of Transportation or U.S. Postal
				Service are subject to
				105 CMR
				120.773 and other applicable requirements of
				105 CMR 120.000.
(C) A licensee is
				exempt from all requirements of
				105 CMR
				120.770, with respect to shipment or carriage
				of the following low-level materials:
(1)
				Natural material and ores containing naturally occurring radionuclides that are
				either in their natural state, or have only been processed for purposes other
				than for the extraction of the radionuclides, and which are not intended to be
				processed for the use of these radionuclides, provided the activity
				concentration of the material does not exceed ten times the applicable
				radionuclide activity concentration values specified in 105 CMR 120.798:
Appendix A
, Table A-2, or
Table
				A-3
.
(2) Materials for
				which the activity concentration is not greater than the activity concentration
				values specified in 105 CMR 120.798:
Appendix A
, Table A-2, or
Table A-3
, or for which the consignment activity is not
				greater than the limit for an exempt consignment found in 105 CMR 120.798:
Appendix A
, Table A-2, or
Table
				A-3
.
(3) Non-radioactive
				solid objects with radioactive substances present on any surfaces in quantities
				not in excess of the levels cited in the definition of contamination in
				105 CMR
				120.772.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.776 - General Licenses for Carriers

Current through Register 1525, July 5, 2024
(A) A
				general license is hereby issued to any common or contract carrier not exempt
				under
				105 CMR 120.775 to
				receive, possess, transport, and store radioactive material in the regular
				course of their carriage for others or storage incident thereto, provided the
				transportation and storage is in accordance with the applicable requirements,
				appropriate to the mode of transport, of the U.S. Department of Transportation
				insofar as such requirements relate to the loading and storage of packages,
				placarding of the transporting vehicle, and incident
				reporting.3
(B) A general license is hereby issued to any
				private carrier to transport radioactive material, provided the transportation
				is in accordance with the applicable requirements, appropriate to the mode of
				transport, of the U.S. Department of Transportation insofar as such
				requirements relate to the loading and storage of packages, placarding of the
				transporting vehicle, and incident
				reporting.3
(C) Persons who transport radioactive
				material pursuant to the general licenses in 105 CMR 120.776(A) or (B) are
				exempt from the requirements of
				105 CMR
				120.200 and
				120.750
				to the extent that they transport radioactive material.
3 Notification of an incident
				  shall be filed with, or made to, the Agency as prescribed in 49 CFR, regardless
				  of, and in addition to, notification made to U.S. Department of Transportation
				  or other agencies.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.777 - General License: Nuclear Regulatory Commission - Approved Packages

Current through Register 1525, July 5, 2024
(A) A general license is hereby issued to any
				licensee of the Agency to transport, or to deliver to a carrier for transport,
				licensed material in a package for which a license, certificate of compliance,
				or other approval has been issued by the Nuclear Regulatory
				Commission.
(B) This general
				license applies only to a licensee who has a quality assurance program approved
				by the Agency as satisfying the provisions of
				105 CMR
				120.791 through
				120.797.
(C) Each licensee issued a general license
				under 105 CMR 120.777(A) shall:
(1) Maintain
				a copy of the NRC issued certificate of compliance, or other approval by the
				Nuclear Regulatory Commission of the package, and the drawings and other
				documents referenced in the approval relating to the use and maintenance of the
				packaging and to the actions to be taken prior to shipment;
(2) Comply with the terms and conditions of
				the license, certificate, or other approval by the Nuclear Regulatory
				Commission, as applicable, and the applicable requirements of
				105 CMR
				120.016(L),
				105 CMR 120.771
				through
				120.774
				and
				105 CMR
				120.784 through
				120.797; and
(3) Submit in writing before the first use of
				the package to: ATTN: Document Control Desk, Director, Division of Fuel
				Management, Office of Nuclear Material Safety and Safeguards, using an
				appropriate method listed in
				10 CFR
				71.1(a), the licensee's name
				and license number and the package identification number specified in the
				package approval.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.779 - General License: U.S. Department of Transportation Specification Container

Current through Register 1525, July 5, 2024
(A) A general
				license is issued to any licensee to transport, or to deliver to a carrier for
				transport, licensed material in a specification container for fissile material
				or for a Type B quantity of radioactive material as specified in 49 CFR Parts
				173 and 178.
(B) This general
				license applies only to a licensee who: -
(1)
				Has a copy of the specification;
(2) Complies with the terms and conditions of
				the specification and the applicable requirements of
				105 CMR
				120.770; and
(3) Has a quality assurance program as
				required by
				105 CMR
				120.791.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.780 - General License - Use of Foreign Approved Package

Current through Register 1525, July 5, 2024
(A) A general license is issued to any
				licensee of the Agency to transport, or to deliver to a carrier for transport,
				licensed material in a package, the design of which has been approved in a
				foreign national competent authority certificate which has been revalidated by
				the U.S. Department of Transportation as meeting the applicable requirements of
				49
				CFR 171.23.
(B) This general license applies only to
				shipments made to or from locations outside the United States.
(C) Except as otherwise provided in 105 CMR
				120.780, the general license applies only to a licensee who has a quality
				assurance program approved by the Agency as satisfying the applicable
				provisions of
				105 CMR
				120.791 through
				120.797.
(D) Each licensee issued a general license
				under 105 CMR 120.780(A) shall:
(1) Maintain
				a copy of the applicable certificate, the revalidation, and the drawings and
				other documents referenced in the certificate, relating to the use and
				maintenance of the packaging and to the actions to be taken before shipment;
				and
(2) Comply with the terms and
				conditions of the certificate and revalidation, and with the applicable
				requirements of
				105 CMR
				120.016(L),
				105 CMR 120.771
				through
				120.774
				and
				105 CMR
				120.784 through
				120.797.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.781 - General License: Fissile Material, Limited Quantity per Package

Current through Register 1525, July 5, 2024
(A) A general license is hereby issued to any
				licensee to transport fissile material, or to deliver fissile material to a
				carrier for transport, if the material is shipped in accordance with 105 CMR
				120.781. The fissile material need not be contained in a package which meets
				the standards of 10 CFR 71 Subparts E and F; however, the material must be
				contained in a Type A package. The Type A package must also meet the DOT
				requirements of
				49 CFR
				173.417(a).
(B) The general license applies only to a
				licensee who has a quality assurance program approved by the Agency as
				satisfying the provisions of
				105 CMR
				120.791 through
				120.797.
(C) The general license applies only when a
				package's contents:
(1) Contain less than a
				Type A quantity of fissile material; and
(2) Contain less than 500 total grams of
				beryllium, graphite, or hydrogenous material enriched in deuterium.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL REGULATORY PROVISIONS › Section 120.782 - General License

Current through Register 1525, July 5, 2024
(A) A general
				license is issued to any licensee to transport fissile material in the form of
				plutonium beryllium (Pu Be) special form sealed sources, or to deliver Pu Be
				sealed sources to a carrier for transport, if the material is shipped in
				accordance with 105 CMR 120.782. This material need not be contained in a
				package which meets the standards of subparts E and F of 10 CFR 71; however,
				the material must be contained in a Type A package. The Type A package must
				also meet the DOT requirements of
				49 CFR
				173.417(a).
(B) The general license applies only to a
				licensee who has a quality assurance program approved by the Agency as
				satisfying the provisions of
				105 CMR
				120.791 through 120.797.
(C) The general license applies only when a
				package's contents:
(1) Contain no more than a
				Type A quantity of radioactive material; and,
(2) Contain less than 1000 g of plutonium,
				provided that: plutonium-239, plutonium-241, or any combination of these
				radionuclides, constitutes less than 240 g of the total quantity of plutonium
				in the package.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PACKAGE APPROVAL STANDARDS › Section 120.783 - External Radiation Standards for All Packages

Current through Register 1525, July 5, 2024
(A) Except as provided in 105 CMR 120.783(B),
				each package of radioactive materials offered for transportation must be
				designed and prepared for shipment so that under conditions normally incident
				to transportation the radiation level does not exceed 2 mSv/hr (200 mrem/hr) at
				any point on the external surface of the package, and the transport index does
				not exceed ten.
(B) A package that
				exceeds the radiation level limits specified in 105 CMR 120.783(A) must be
				transported by exclusive use shipment only, and the radiation levels for such
				shipment must not exceed the following during transportation:
(1) 2 mSv/h (200 mrem/h) on the external
				surface of the package, unless the following conditions are met, in which case
				the limit is 10 mSv/h (1000 mrem/h):
(a) The
				shipment is made in a closed transport vehicle;
(b) The package is secured within the vehicle
				so that its position remains fixed during transportation; and,
(c) There are no loading or unloading
				operations between the beginning and end of the transportation;
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › OPERATING CONTROLS AND PROCEDURES › Section 120.784 - Assumptions as to Unknown Properties of Fissile Material

Current through Register 1525, July 5, 2024
When the isotopic abundance, mass, concentration, degree of
				  irradiation, degree of moderation, or other pertinent property of fissile
				  material in any package is not known, the licensee shall package the fissile
				  material as if the unknown properties have credible values that will cause the
				  maximum neutron multiplication.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › OPERATING CONTROLS AND PROCEDURES › Section 120.785 - Preliminary Determinations

Current through Register 1525, July 5, 2024
Prior to the first use of any packaging for the shipment of
				  licensed material, the licensee shall ascertain that the determinations in
				  10 CFR 71.85(a) through
				  (c) have been made.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › OPERATING CONTROLS AND PROCEDURES › Section 120.786 - Routine Determinations

Current through Register 1525, July 5, 2024
Prior to each shipment of licensed material, the licensee
				  shall ensure that the package with its contents satisfies applicable
				  requirements of 10 CFR 71 and of the license. The licensee shall determine
				  that:
(A) The package is proper for the
				contents to be shipped;
(B) The
				package is in unimpaired physical condition except for superficial defects such
				as marks or dents;
(C) Each closure
				device of the packaging, including any required gasket, is properly installed
				and secured and free of defects;
(D) Any system for containing liquid is
				adequately sealed and has adequate space or other specified provision for
				expansion of the liquid;
(E) Any
				pressure relief device is operable and set in accordance with written
				procedures;
(F) The package has
				been loaded and closed in accordance with written procedures;
(G) For fissile material, any moderator or
				neutron absorber, if required, is present and in proper condition;
(H) Any structural part of the package which
				could be used to lift or tie down the package during transport is rendered
				inoperable for that purpose unless it satisfies design requirements specified
				in
				10 CFR
				71.45;
(I) The level of non-fixed (removable)
				radioactive contamination on the external surfaces of each package offered for
				shipment is as low as reasonably achievable, and within the limits specified in
				DOT regulations in
				49 CFR
				173.443;
(J) External radiation levels around the
				package and around the vehicle, if applicable, will not exceed the limits
				specified in
				10 CFR
				71.47 at any time during transportation;
				and
(K) Accessible package surface
				temperatures will not exceed the limits specified in
				10 CFR
				71.43(g) at any time during
				transportation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › OPERATING CONTROLS AND PROCEDURES › Section 120.787 - Air Transport of Plutonium

Current through Register 1525, July 5, 2024
Notwithstanding the provisions of any general licenses and
				  notwithstanding any exemptions stated directly in
				  105 CMR
				  120.770 or included indirectly by citation of
				  the U.S. Department of Transportation regulations, as may be applicable, the
				  licensee shall assure that plutonium in any form, whether for import, export,
				  or domestic shipment, is not transported by air, or delivered to a carrier for
				  air transport, unless:
(A) The
				plutonium is contained in a medical device designed for individual human
				application;
(B) The plutonium is
				contained in a material in which the specific activity is not greater than or
				equal to the activity concentration values for plutonium specified in 105 CMR
				120.798:
Appendix A
, Table A-2, and in which the radioactivity
				is essentially uniformly distributed;
(C) The plutonium is shipped in a single
				package containing no more than an A2 quantity of
				plutonium in any isotope or form and is shipped in accordance with
				105 CMR
				120.774;
(D) The plutonium is shipped in a package
				specifically authorized (in the Certificate of Compliance issued by the Nuclear
				Regulatory Commission for that package) for the shipment of plutonium by air;
				or
(E) For a shipment of plutonium
				by air which is subject to 105 CMR 120.787(D), the licensee shall, through
				special arrangement with the carrier, require compliance with
				49 CFR
				175.704, U.S. Department of Transportation
				regulations applicable to the air transport of plutonium.
(F) Nothing in 105 CMR 120.787 is to be
				interpreted as removing or diminishing the requirements of
				10
				CFR 73.24.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › OPERATING CONTROLS AND PROCEDURES › Section 120.788 - Opening Instructions

Current through Register 1525, July 5, 2024
Before delivery of a package to a carrier for transport, the
				  licensee shall ensure that any special instructions needed to safely open the
				  package have been sent to, or otherwise made available to, the consignee for
				  the consignee's use in accordance with
				  105 CMR
				  120.242(E).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › OPERATING CONTROLS AND PROCEDURES › Section 120.789 - Records

Current through Register 1525, July 5, 2024
(A) Each licensee shall maintain, for a
				period of three years after shipment, a record of each shipment of licensed
				material not exempt under
				105 CMR
				120.775(C), showing where
				applicable:
(1) Identification of the
				packaging by model number and serial number;
(2) Verification that there are no
				significant defects in the packaging, as shipped;
(3) Volume and identification of
				coolant;
(4) Type and quantity of
				licensed material in each package, and the total quantity of each
				shipment;
(5) For each item of
				irradiated fissile material:
(a)
				Identification by model number and serial number;
(b) Irradiation and decay history to the
				extent appropriate to demonstrate that its nuclear and thermal characteristics
				comply with license conditions; and
(c) Any abnormal or unusual condition
				relevant to radiation safety;
(6) Date of the shipment;
(7) For fissile packages and for Type B
				packages, any special controls exercised;
(8) Name and address of the
				transferee;
(9) Address to which
				the shipment was made; and
(10)
				Results of the determinations required by
				105 CMR
				120.786 and by the conditions of the package
				approval.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › OPERATING CONTROLS AND PROCEDURES › Section 120.790 - Advance Notification of Shipment of Nuclear Waste

Current through Register 1525, July 5, 2024
(A)
(1) As
				specified in 105 CMR 120.790(B) through (D), each licensee shall provide
				advance notification to the governor of a State, or the governor's designee, of
				the shipment of licensed material, within or across the boundary of the State,
				before the transport, or delivery to a carrier, for transport, of licensed
				material outside the confines of the licensee's plant or other place of use or
				storage.
(2) As specified in 105
				CMR 120.790(B) through (D) each licensee shall provide advance notification to
				the Tribal official of participating Tribes referenced in 105 CMR
				120.790(C)(3)(c), or the official's designee, of the shipment of licensed
				material, within or across the boundary of the Tribe's reservation, before the
				transport, or delivery to a carrier, for transport, of licensed material
				outside the confines of the licensee's plant or other place of use or
				storage.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.791 - Quality Assurance Requirements

Current through Register 1525, July 5, 2024
(A)
Purpose
. 105 CMR 120.791 through
				120.797 describes quality
				assurance requirements applying to design, purchase, fabrication, handling,
				shipping, storing, cleaning, assembly, inspection, testing, operation,
				maintenance, repair, and modification of components of packaging that are
				important to safety. As used in 105 CMR 120.791 through
				120.797, "quality
				assurance" comprises all those planned and systematic actions necessary to
				provide adequate confidence that a system or component will perform
				satisfactorily in service. Quality assurance includes quality control, which
				comprises those quality assurance actions related to control of the physical
				characteristics and quality of the material or component to predetermined
				requirements. Each licensee is responsible for the quality assurance
				requirements that apply to its use of a packaging for the shipment of licensed
				material subject to 105 CMR 120.791 through
				120.797.
(B)
Establishment of
				Program
. Each licensee shall establish, maintain, and execute a
				quality assurance program satisfying each of the applicable criteria of 105 CMR
				120.791 through
				120.797 and satisfying any
				specific provisions that are applicable to the licensee's activities including
				procurement of packaging. The licensee shall execute the applicable criteria in
				a graded approach to an extent that is commensurate with the quality assurance
				requirement's importance to safety.
(C)
Approval of
				Program
. Before the use of any package for the shipment of
				licensed material subject to 105 CMR 120.791 through
				120.797, each licensee
				shall obtain Agency approval of its quality assurance program. Using an
				appropriate method listed in
				105 CMR 120.013,
				each licensee shall file a description of its quality assurance program,
				including a discussion of which requirements of 105 CMR 120.791 through
				120.797 are applicable and
				how they will be satisfied, by submitting the description to the
				Agency.
(D)
Radiography
				Containers
. A program for transport container inspection and
				maintenance limited to radiographic exposure devices, source changers, or
				packages transporting these devices and meeting the requirements of
				10
				CFR 34.31(b) or equivalent
				Agreement State requirement, is deemed to satisfy the requirements of
				105 CMR 120.777(B)
				 and 120.791(B).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.792 - Quality Assurance Organization

Current through Register 1525, July 5, 2024
(A) The licensee
				shall be responsible for the establishment and execution of the quality
				assurance program. The licensee may delegate to others, such as contractors,
				agents, or consultants, the work of establishing and executing the quality
				assurance program, or any part of the quality assurance program, but shall
				retain responsibility for the program. These activities include performing the
				functions associated with attaining quality objectives and the quality
				assurance functions.
(B) The
				quality assurance functions are:
(1) Assuring
				that an appropriate quality assurance program is established and effectively
				executed; and
(2) Verifying, by
				procedures such as checking, auditing, and inspection, that activities
				affecting the functions that are important to safety have been correctly
				performed.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.793 - Quality Assurance Program

Current through Register 1525, July 5, 2024
(A) The licensee
				shall establish, at the earliest practicable time consistent with the schedule
				for accomplishing the activities, a quality assurance program that complies
				with the requirements of
				105 CMR
				120.791 through
				120.797. The licensee
				shall document the quality assurance program by written procedures or
				instructions and shall carry out the program in accordance with those
				procedures throughout the period during which the packaging is used. The
				licensee shall identify the material and components to be covered by the
				quality assurance program, the major organizations participating in the
				program, and the designated functions of these organizations.
(B) The licensee shall base the requirements
				and procedures of its quality assurance program on the following considerations
				concerning the complexity and proposed use of the package and its components:
(1) The impact of malfunction or failure of
				the item to safety;
(2) The design
				and fabrication complexity or uniqueness of the item;
(3) The need for special controls and
				surveillance over processes and equipment;
(4) The degree to which functional compliance
				can be demonstrated by inspection or test; and
(5) The quality history and degree of
				standardization of the item.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.794 - Changes to Quality Assurance Program

Current through Register 1525, July 5, 2024
(A)
				Each quality assurance program approval holder shall submit, in accordance with
				105 CMR 120.013, a
				description of a proposed change to its Agency-approved quality assurance
				program that will reduce commitments in the program description as approved by
				the Agency. The quality assurance program approval holder shall not implement
				the change before receiving Agency approval. The description of a proposed
				change to the Agency-approved quality assurance program must identify the
				change, the reason for the change, and the basis for concluding that the
				revised program incorporating the change continues to satisfy the applicable
				requirements of
				105 CMR
				120.791 through 120.797.
(B) Each quality assurance program approval
				holder may change a previously approved quality assurance program without prior
				Agency approval, if the change does not reduce the commitments in the quality
				assurance program previously approved by the Agency. Changes to the quality
				assurance program that do not reduce the commitments shall be submitted to the
				Agency every 24 months, in accordance with
				105 CMR 120.013.
				In addition to quality assurance program changes involving administrative
				improvements and clarifications, spelling corrections, and non-substantive
				changes to punctuation or editorial items, the following changes are not
				considered reductions in commitment:
(1) The
				use of a quality assurance standard approved by the Agency that is more recent
				than the quality assurance standard in the applicant's current quality
				assurance program at the time of the change;
(2) The use of generic organizational
				position titles that clearly denote the position function, supplemented as
				necessary by descriptive text, rather than specific titles, provided that there
				is no substantive change to either the functions of the position or reporting
				responsibilities;
(3) The use of
				generic organizational charts to indicate functional relationships,
				authorities, and responsibilities, or alternatively, the use of descriptive
				text, provided that there is no substantive change to the functional
				relationships, authorities, or responsibilities;
(4) The elimination of quality assurance
				program information that duplicates language in quality assurance regulatory
				guides and quality assurance standards to which the quality assurance program
				approval holder has committed to on record; and
(5) Organizational revisions that ensure that
				persons and organizations performing quality assurance functions continue to
				have the requisite authority and organizational freedom, including sufficient
				independence from cost and schedule when opposed to safety
				considerations.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.795 - Corrective Action

Current through Register 1525, July 5, 2024
The licensee shall establish measures to assure that
				  conditions adverse to quality, such as deficiencies, deviations, defective
				  material and equipment, and nonconformances, are promptly identified and
				  corrected. In the case of a significant condition adverse to quality, the
				  measures must assure that the cause of the condition is determined and
				  corrective action taken to preclude repetition. The identification of the
				  significant condition adverse to quality, the cause of the condition, and the
				  corrective action taken must be documented and reported to appropriate levels
				  of management.