Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.077 - Reporting of Events

Current through Register 1525, July 5, 2024
(A) The shipping
				licensee shall notify the appropriate LLEA and the Agency by telephone within
				one hour of its determination that a shipment of category 1 quantities of
				radioactive material is lost or missing. The appropriate LLEA would be the law
				enforcement agency in the area of the shipment's last confirmed location.
				During the investigation required by 105 CMR 120.076(C), the shipping licensee
				will provide agreed upon updates to the Agency on the status of the
				investigation.
(B) The shipping
				licensee shall notify the Agency by telephone within four hours of its
				determination that a shipment of category 2 quantities of radioactive material
				is lost or missing. If, after 24 hours of its determination that the shipment
				is lost or missing, the radioactive material has not been located and secured,
				the licensee shall immediately notify the Agency.
(C) The shipping licensee shall notify the
				designated 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 LLEA,
				the licensee shall notify the Agency by telephone 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.
(D) The shipping licensee shall notify the
				Agency by telephone 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.
(E) The shipping licensee shall notify the
				Agency by telephone and the LLEA as soon as possible upon recovery of any lost
				or missing category 1 quantities of radioactive material.
(F) The shipping licensee shall notify the
				Agency by telephone as soon as possible upon recovery of any lost or missing
				category 2 quantities of radioactive material.
(G) The initial telephonic notification
				required by 105 CMR 120.077(A) through (D) must be followed within a period of
				30 days by a written report submitted to the Agency by an appropriate method
				listed in 105 CMR 120.054. A written report is not required for notifications
				on suspicious activities required by 105 CMR 120.077(C) and (D). The report
				must set forth the following information:
(1)
				A description of the licensed material involved, including kind, quantity, and
				chemical and physical form;
(2) A
				description of the circumstances under which the loss or theft
				occurred;
(3) A statement of
				disposition, or probable disposition, of the licensed material
				involved;
(4) Actions that have
				been taken, or will be taken, to recover the material; and
(5) Procedures or measures that have been, or
				will be, adopted to ensure against a recurrence of the loss or theft of
				licensed material.