Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL PROVISIONS › Section 120.053 - Definitions

Current through Register 1525, July 5, 2024
As used in 105 CMR 120.050 through 120.080, the following
				  definitions apply:
Access Control
means a system for
				  allowing only approved individuals to have unescorted access to the security
				  zone and for ensuring that all other individuals are subject to escorted
				  access.
Aggregated
means accessible by the
				  breach of a single physical barrier that would allow access to radioactive
				  material in any form, including any devices that contain the radioactive
				  material, when the total activity equals or exceeds a category 2 quantity of
				  radioactive material.
Approved Individual
means an
				  individual whom the licensee has determined to be trustworthy and reliable for
				  unescorted access in accordance with 105 CMR 120.056 through 120.062 and who
				  has completed the training required by 105 CMR 120.064(C).
Background Investigation
means the
				  investigation conducted by a licensee or applicant to support the determination
				  of trustworthiness and reliability.
Carrier
means a person engaged in
				  the transportation of passengers or property by land or water as a common,
				  contract, or private carrier, or by civil aircraft.
Category 1 Quantity of Radioactive
				  Material
means a quantity of radioactive material meeting or
				  exceeding the category 1 threshold in 105 CMR 120.080:
Appendix A:
				  Table 1
. This is determined by calculating the ratio of the total
				  activity of each radionuclide to the category 1 threshold for that radionuclide
				  and adding the ratios together. If the sum is equal to or exceeds 1, the
				  quantity would be considered a category 1 quantity. Category 1 quantities of
				  radioactive material do not include the radioactive material contained in any
				  fuel assembly, subassembly, fuel rod, or fuel pellet.
Category 2 Quantity of Radioactive
				  Material
means a quantity of radioactive material meeting or
				  exceeding the category 2 threshold but less than the category 1 threshold in
				  105 CMR 120.080:
Appendix A: Table 1
. This is determined by
				  calculating the ratio of the total activity of each radionuclide to the
				  category 2 threshold for that radionuclide and adding the ratios together. If
				  the sum is equal to or exceeds one, the quantity would be considered a category
				  2 quantity. Category 2 quantities of radioactive material do not include the
				  radioactive material contained in any fuel assembly, subassembly, fuel rod, or
				  fuel pellet.
Diversion
means the unauthorized
				  movement of radioactive material subject to 105 CMR 120.050 through 120.080 to
				  a location different from the material's authorized destination inside or
				  outside of the site at which the material is used or stored.
Escorted Access
means accompaniment
				  while in a security zone by an approved individual who maintains continuous
				  direct visual surveillance at all times over an individual who is not approved
				  for unescorted access.
Fingerprint Orders
means the orders
				  issued by the U.S. Nuclear Regulatory Commission or the legally binding
				  requirements issued by Agreement States that require fingerprints and criminal
				  history records checks for individuals with unescorted access to category 1 and
				  category 2 quantities of radioactive material or safeguards
				  information-modified handling.
Government Agency
means any
				  executive department, commission, independent establishment, corporation,
				  wholly or partly owned by the United States of America which is an
				  instrumentality of the United States, or any board, bureau, division, service,
				  office, officer, authority, administration, or other establishment in the
				  executive branch of the Government.
Local Law Enforcement Agency (LLEA)
means a public or private organization that has been approved by a federal,
				  state, or local government to carry firearms and make arrests, and is
				  authorized and has the capability to provide an armed response in the
				  jurisdiction where the licensed category 1 or category 2 quantity of
				  radioactive material is used, stored, or transported.
Mobile Device
means a piece of
				  equipment containing licensed radioactive material that is either mounted on
				  wheels or casters, or otherwise equipped for moving without a need for
				  disassembly or dismounting; or designed to be hand carried. Mobile devices do
				  not include stationary equipment installed in a fixed location.
Movement Control Center
means an
				  operations center that is remote from transport activity and that maintains
				  position information on the movement of radioactive material, receives reports
				  of attempted attacks or thefts, provides a means for reporting these and other
				  problems to appropriate agencies and can request and coordinate appropriate
				  aid.
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 six hours after the estimated arrival time for
				  shipments of category 2 quantities of radioactive material.
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.
Sabotage
means deliberate damage,
				  with malevolent intent, to a category 1 or category 2 quantity of radioactive
				  material, a device that contains a category 1 or category 2 quantity of
				  radioactive material, or the components of the security system.
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.
Security Zone
means any temporary or
				  permanent area determined and established by the licensee for the physical
				  protection of category 1 or category 2 quantities of radioactive
				  material.
State
means a State or Commonwealth
				  of the United States, the District of Columbia, the Commonwealth of Puerto
				  Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the
				  Northern Mariana Islands.
Telemetric Position Monitoring
				  System
means a data transfer system that captures information by
				  instrumentation and/or measuring devices about the location and status of a
				  transport vehicle or package between the departure and destination
				  locations.
Trustworthiness and Reliability
are
				  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.
Unescorted Access
means solitary
				  access to an aggregated category 1 or category 2 quantity of radioactive
				  material or the devices that contain the material.