reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › ENFORCEMENT › Section 120.029 - Renewal of Notice of Registration

Current through Register 1525, July 5, 2024
(A) Application for
				renewal of registration shall be filed in accordance with
				105 CMR
				120.025 or
				105 CMR
				120.026.
(B) In any case in which a registrant not
				less than 30 days prior to the expiration of his existing notice of
				registration has filed an application in proper form for renewal, such existing
				notice of registration shall not expire until the application status has been
				finally determined by the Agency.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › ENFORCEMENT › Section 120.030 - Report of Changes

Current through Register 1525, July 5, 2024
The registrant shall notify the Agency in writing before
				  making any change which would render the information contained in the
				  application for registration and/or the certificate of registration no longer
				  accurate. In the case of disposition of an x-ray system, such notification
				  should specify the recipient of the system. In the case of modification
				  involving a structural change, or the addition or relocation of an x-ray
				  system, the Director of the Radiation Control Program may require the
				  registrant to submit the information contained in
				  105 CMR
				  120.420:
Appendix A
and/or
				  105
				  CMR 120.421:
Appendix
				  C
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › ENFORCEMENT › Section 120.031 - Approval Not Implied

Current through Register 1525, July 5, 2024
No person, in any advertisement, shall refer to the fact that
				  he or his facility is registered with the Agency pursuant to the provisions of
				  105 CMR
				  120.025 or
				  120.026,
				  and no person shall state or imply that any activity under such registration
				  has been approved by the Agency.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › ENFORCEMENT › Section 120.032 - Assembler and/or Transfer Obligation

Current through Register 1525, July 5, 2024
(A) Any person
				who sells, leases, transfers, lends, disposes, assembles, or installs radiation
				machines in this Commonwealth shall notify the Agency within 15 days of:
(1) The name and address of persons who have
				received these machines;
(2) The
				manufacturer, model, and serial number of each radiation machine transferred;
				and,
(3) The date of transfer of
				each radiation machine.
(4) In the
				case of diagnostic x-ray system which contain certified components, a copy of
				the assembler's report prepared in compliance with requirements of the Federal
				Diagnostic X-Ray Standard (
				21 CFR
				1020.30(d) ) shall be
				submitted to the Agency within 15 days following completion of the assembly.
				Such report shall suffice in
lieu
of any other by the
				assembler.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › ENFORCEMENT › Section 120.033 - Out-of-state Radiation Machines

Current through Register 1525, July 5, 2024
(A) Whenever
				any radiation machine is to be brought into the Commonwealth, for any temporary
				use, the person proposing to bring such machine into the Commonwealth shall
				give written notice to the Agency at least ten working days before such machine
				is to be used in the Commonwealth. The notice shall include:
(1) The type of radiation machine;
(2) The nature, duration, and scope of
				use;
(3) The exact location(s)
				where the radiation machine is to be used; and,
(4) States in which this machine is
				registered.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › ENFORCEMENT › Section 120.040 - Notification to Fire Department

Current through Register 1525, July 5, 2024
The user shall notify the local fire department of the
				  presence on his premises of any radioactive material that may present special
				  fire-fighting problems or require special precautionary measures in case of
				  fire or other natural catastrophe, and he shall establish effective liaison
				  with the fire department in regards to this matter.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL PROVISIONS › Section 120.051 - Purpose

Current through Register 1525, July 5, 2024
105 CMR 120.050 through 120.080 has been established to
				  provide the requirements for the physical protection program for any licensee
				  that possesses an aggregated category 1 or category 2 quantity of radioactive
				  material listed in 105 CMR 120.080:
Appendix A: Table 1
. 105
				  CMR 120.050 through 120.080 provide reasonable assurance of the security of
				  category 1 or category 2 quantities of radioactive material by protecting these
				  materials from theft or diversion. Specific requirements for access to
				  material, use of material, transfer of material, and transport of material are
				  included. No provision of 105 CMR 120.050 through 120.080 authorizes possession
				  of licensed material.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL PROVISIONS › Section 120.052 - Scope

Current through Register 1525, July 5, 2024
(A)105 CMR 120.056 through 120.071 applies to
				any person who, under the regulations in 105 CMR 120.000, possesses or uses at
				any site, an aggregated category 1 or category 2 quantity of radioactive
				material.
(B)105 CMR 120.072
				through 120.077 applies to any person who, under 105 CMR 120.000:
(1) Transports or delivers to a carrier for
				transport in a single shipment, a category 1 or category 2 quantity of
				radioactive material; or
(2)
				Imports or exports a category 1 or category 2 quantity of radioactive material;
				the provisions only apply to the domestic portion of the transport.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL PROVISIONS › Section 120.054 - Communications

Current through Register 1525, July 5, 2024
Except where otherwise specified or covered, all
				  communications and reports concerning
				  105
				  CMR 120.050 through
				  120.080
				  may be sent as stated in
				  105 CMR
				  120.013.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › GENERAL PROVISIONS › Section 120.055 - Specific Exemptions

Current through Register 1525, July 5, 2024
(A) The Agency may,
				upon application of any interested person or upon its own initiative, grant
				such exemptions from the requirements of
				105
				CMR 120.050 through
				120.080
				as it determines are authorized by law and will not endanger life or property
				or the physical protection of agreement material, and are otherwise in the
				public interest.
(B) A licensee
				that possesses radioactive waste that contains category 1 or category 2
				quantities of radioactive material is exempt from the requirements of
				105
				CMR 120.056 through
				120.077.
				Except that any radioactive waste that contains discrete sources, ion-exchange
				resins, or activated material that weighs less than 2,000 kg (4,409 lbs) is not
				exempt from the requirements of
				105
				CMR 120.050 through
				120.080.
				The licensee shall implement the following requirements to secure the
				radioactive waste:
(1) Use continuous
				physical barriers that allow access to the radioactive waste only through
				established access control points;
(2) Use a locked door or gate with monitored
				alarm at the access control point;
(3) Assess and respond to each actual or
				attempted unauthorized access to determine whether an actual or attempted
				theft, sabotage, or diversion occurred; and
(4) Immediately notify the LLEA and request
				an armed response from the LLEA upon determination that there was an actual or
				attempted theft, sabotage, or diversion of the radioactive waste that contains
				category 1 or category 2 quantities of radioactive material.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › BACKGROUND INVESTIGATIONS AND ACCESS AUTHORIZATION PROGRAM › Section 120.056 - Personnel Access Authorization Requirements for Category 1 or Category 2 Quantities of Radioactive Materials

Current through Register 1525, July 5, 2024
(A)
General
.
(1) Each
				licensee that possesses an aggregated quantity of radioactive material at or
				above the category 2 threshold shall establish, implement, and maintain its
				access authorization program in accordance with the requirements of 105 CMR
				120.056 through
				120.062.
(2) An applicant for a new license and each
				licensee that would become newly subject to the requirements of 105 CMR 120.056
				through
				120.062
				upon application for modification of its license shall implement the
				requirements of 105 CMR 120.056 through
				120.062,
				as appropriate, before taking possession of an aggregated category 1 or
				category 2 quantity of radioactive material.
(3) Any licensee that has not previously
				implemented the Security Orders or been subject to the provisions of 105 CMR
				120.056 through
				120.062
				shall implement the provisions of 105 CMR 120.056 through
				120.062
				before aggregating radioactive material to a quantity that equals or exceeds
				the category 2 threshold.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › BACKGROUND INVESTIGATIONS AND ACCESS AUTHORIZATION PROGRAM › Section 120.057 - Access Authorization Program Requirements

Current through Register 1525, July 5, 2024
(A)
Granting Unescorted Access
				Authorization
.
(1) Licensees
				shall implement the requirements of
				105
				CMR 120.056 through
				120.062
				for granting initial or reinstated unescorted access authorization.
(2) Individuals who have been determined to
				be trustworthy and reliable shall also complete the security training required
				by
				105 CMR
				120.064(C)  before being
				allowed unescorted access to category 1 or category 2 quantities of radioactive
				material.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › BACKGROUND INVESTIGATIONS AND ACCESS AUTHORIZATION PROGRAM › Section 120.059 - Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access to Category 1 or Category 2 Quantities of Radioactive Material

Current through Register 1525, July 5, 2024
(A)
General Performance Objective
				and Requirements
.
(1) Except for
				those individuals listed in
				105
				CMR 120.060 and those individuals
				grandfathered under
				105 CMR
				120.058(B), each licensee
				subject to the provisions of
				105
				CMR 120.056 through
				120.062
				shall fingerprint each individual who is to be permitted unescorted access to
				category 1 or category 2 quantities of radioactive material. Licensees shall
				transmit all collected fingerprints to the U.S. Nuclear Regulatory Commission
				for transmission to the FBI. The licensee shall use the information received
				from the FBI as part of the required background investigation to determine
				whether to grant or deny further unescorted access to category 1 or category 2
				quantities of radioactive materials for that individual.
(2) The licensee shall notify each affected
				individual that his or her fingerprints will be used to secure a review of his
				or her criminal history record, and shall inform him or her of the procedures
				for revising the record or adding explanations to the record.
(3) Fingerprinting is not required if a
				licensee is reinstating an individual's unescorted access authorization to
				category 1 or category 2 quantities of radioactive materials if:
(a) The individual returns to the same
				facility that granted unescorted access authorization within 365 days of the
				termination of his or her unescorted access authorization; and
(b) The previous access was terminated under
				favorable conditions.
(4)
				Fingerprints do not need to be taken if an individual who is an employee of a
				licensee, contractor, manufacturer, or supplier has been granted unescorted
				access to category 1 or category 2 quantities of radioactive material, access
				to safeguards information, or safeguards information-modified handling by
				another licensee, based upon a background investigation conducted under
				105
				CMR 120.056 through
				120.062,
				the Fingerprint Orders, or 10 CFR Part 73. An existing criminal history records
				check file may be transferred to the licensee asked to grant unescorted access
				in accordance with the provisions of
				105 CMR
				120.061(C).
(5)  Licensees shall use the information
				obtained as part of a criminal history records check solely for the purpose of
				determining an individual's suitability for unescorted access authorization to
				category 1 or category 2 quantities of radioactive materials, access to
				safeguards information, or safeguards information-modified
				handling.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › BACKGROUND INVESTIGATIONS AND ACCESS AUTHORIZATION PROGRAM › Section 120.061 - Protection of Information

Current through Register 1525, July 5, 2024
(A) Each licensee
				who obtains background information on an individual under
				105
				CMR 120.056 through
				120.062
				shall establish and maintain a system of files and written procedures for
				protection of the record and the personal information from unauthorized
				disclosure.
(B) The licensee may
				not disclose the record or personal information collected and maintained to
				persons other than the subject individual, his or her representative, or to
				those who have a need to have access to the information in performing assigned
				duties in the process of granting or denying unescorted access to category 1 or
				category 2 quantities of radioactive material, safeguards information, or
				safeguards information-modified handling. No individual authorized to have
				access to the information may disseminate the information to any other
				individual who does not have a need to know.
(C) The personal information obtained on an
				individual from a background investigation may be provided to another licensee:
(1) Upon the individual's written request to
				the licensee holding the data to disseminate the information contained in his
				or her file; and
(2) The recipient
				licensee verifies information such as name, date of birth, social security
				number, gender, and other applicable physical characteristics.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › BACKGROUND INVESTIGATIONS AND ACCESS AUTHORIZATION PROGRAM › Section 120.062 - Access Authorization Program Review

Current through Register 1525, July 5, 2024
(A)
				Each licensee shall be responsible for the continuing effectiveness of the
				access authorization program. Each licensee shall ensure that access
				authorization programs are reviewed to confirm compliance with the requirements
				of
				105
				CMR 120.056 through 120.062 and that
				comprehensive actions are taken to correct any noncompliance that is
				identified. The review program shall evaluate all program performance
				objectives and requirements. Each licensee shall periodically (at least
				annually) review the access program content and implementation.
(B) The results of the reviews, along with
				any recommendations, must be documented. Each review report must identify
				conditions that are adverse to the proper performance of the access
				authorization program, the cause of the condition(s), and, when appropriate,
				recommend corrective actions, and corrective actions taken. The licensee shall
				review the findings and take any additional corrective actions necessary to
				preclude repetition of the condition, including reassessment of the deficient
				areas where indicated.
(C) Review
				records must be maintained for three years.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.063 - Security Program

Current through Register 1525, July 5, 2024
(A)
Applicability
.
(1)
				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 105 CMR 120.063 through
				120.071.
(2) An applicant for a new license and each
				licensee that would become newly subject to the requirements of 105 CMR 120.063
				through
				120.071 upon
				application for modification of its license shall implement the requirements of
				105 CMR 120.063 through
				120.071, as
				appropriate, before taking possession of an aggregated category 1 or category 2
				quantity of radioactive material.
(3) Any licensee that has not previously
				implemented the Security Orders or been subject to 105 CMR 120.063 through
				120.071 shall
				provide written notification to the Agency as specified in
				105 CMR 120.054 at
				least 90 days before aggregating radioactive material to a quantity that equals
				or exceeds the category 2 threshold.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.064 - General Security Program Requirements

Current through Register 1525, July 5, 2024
(A)
Security Plan
.
(1)
				Each licensee identified in
				105 CMR 120.063(A)
				 shall 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
				105 CMR 120.063
				through
				120.071. The
				security plan must, at a minimum:
(a) Describe
				the measures and strategies used to implement the requirements of
				105 CMR 120.063
				through
				120.071;
				and
(b) Identify the security
				resources, equipment, and technology used to satisfy the requirements of
				105 CMR 120.063
				through
				120.071.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.065 - LLEA Coordination

Current through Register 1525, July 5, 2024
(A) A licensee
				subject to
				105 CMR 120.063
				through
				120.071 shall
				coordinate, to the extent practicable, with an LLEA for responding to threats
				to the licensee's facility, including any necessary armed response. The
				information provided to the LLEA must include:
(1) A description of the facilities and the
				category 1 and category 2 quantities of radioactive materials along with a
				description of the licensee's security measures that have been implemented to
				comply with
				105 CMR 120.063
				through
				120.071;
				and
(2) A notification that the
				licensee will request a timely armed response by the LLEA to any actual or
				attempted theft, sabotage, or diversion of category 1 or category 2 quantities
				of material.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.066 - Security Zones

Current through Register 1525, July 5, 2024
(A) Licensees shall
				ensure that all aggregated category 1 and category 2 quantities of radioactive
				material are used or stored within licensee-established security zones.
				Security zones may be permanent or temporary.
(B) Temporary security zones must be
				established as necessary to meet the licensee's transitory or intermittent
				business activities, such as periods of maintenance, source delivery, and
				source replacement.
(C) Security
				zones must, at a minimum, allow unescorted access only to approved individuals
				through:
(1) Isolation of category 1 and
				category 2 quantities of radioactive materials by the use of continuous
				physical barriers that allow access to the security zone only through
				established access control points. A physical barrier is a natural or man-made
				structure or formation sufficient for the isolation of the category 1 or
				category 2 quantities of radioactive material within a security zone;
				or
(2) Direct control of the
				security zone by approved individuals at all times; or
(3) A combination of continuous physical
				barriers and direct control.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.067 - Monitoring, Detection, and Assessment

Current through Register 1525, July 5, 2024
(A)
Monitoring and Detection
.
(1) Licensees shall establish and maintain
				the capability to continuously monitor and detect without delay all
				unauthorized entries into its security zones. Licensees shall provide the means
				to maintain continuous monitoring and detection capability in the event of a
				loss of the primary power source, or provide for an alarm and response in the
				event of a loss of this capability to continuously monitor and detect
				unauthorized entries.
(2)
				Monitoring and detection must be performed by:
(a) A monitored intrusion detection system
				that is linked to an onsite or offsite central monitoring facility;
				or
(b) Electronic devices for
				intrusion detection alarms that will alert nearby facility personnel;
				or
(c) A monitored video
				surveillance system; or
(d) Direct
				visual surveillance by approved individuals located within the security zone;
				or
(e) Direct visual surveillance
				by a licensee designated individual located outside the security
				zone.
(3) A licensee
				subject to 105 CMR 120.063 through 120.071 shall also have a means to detect
				unauthorized removal of the radioactive material from the security zone. This
				detection capability must provide:
(a) For
				category 1 quantities of radioactive material, immediate detection of any
				attempted unauthorized removal of the radioactive material from the security
				zone. Such immediate detection capability must be provided by:
1. Electronic sensors linked to an alarm;
				or
2. Continuous monitored video
				surveillance; or
3. Direct visual
				surveillance.
(b) For
				category 2 quantities of radioactive material, weekly verification through
				physical checks, tamper indicating devices, use, or other means to ensure that
				the radioactive material is present.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.068 - Maintenance and Testing

Current through Register 1525, July 5, 2024
(A) Each licensee
				subject to 105 CMR 120.063 through 120.071 shall implement a maintenance and
				testing program to ensure that intrusion alarms, associated communication
				systems, and other physical components of the systems used to secure or detect
				unauthorized access to radioactive material are maintained in operable
				condition and are capable of performing their intended function when needed.
				The equipment relied on to meet the security requirements of 105 CMR 120.050
				through 120.080 must be inspected and tested for operability and performance at
				the manufacturer's suggested frequency. If there is no suggested manufacturer's
				suggested frequency, the testing must be performed at least annually, not to
				exceed 12 months.
(B) The licensee
				shall maintain records on the maintenance and testing activities for three
				years.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.069 - Requirements for Mobile Devices

Current through Register 1525, July 5, 2024
Each licensee that possesses mobile devices containing
				  category 1 or category 2 quantities of radioactive material must:
(A) Have two independent physical controls
				that form tangible barriers to secure the material from unauthorized removal
				when the device is not under direct control and constant surveillance by the
				licensee; and
(B) For devices in or
				on a vehicle or trailer, unless the health and safety requirements for a site
				prohibit the disabling of the vehicle, the licensee shall utilize a method to
				disable the vehicle or trailer when not under direct control and constant
				surveillance by the licensee. Licensees shall not rely on the removal of an
				ignition key to meet this requirement.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.070 - Security Program Review

Current through Register 1525, July 5, 2024
(A) Each licensee
				shall be responsible for the continuing effectiveness of the security program.
				Each licensee shall ensure that the security program is reviewed to confirm
				compliance with the requirements of 105 CMR 120.063 through 120.071 and that
				comprehensive actions are taken to correct any noncompliance that is
				identified. The review must include the radioactive material security program
				content and implementation. Each licensee shall periodically (at least
				annually) review the security program content and implementation.
(B) The results of the review, along with any
				recommendations, must be documented. Each review report must identify
				conditions that are adverse to the proper performance of the security program,
				the cause of the condition(s), and, when appropriate, recommend corrective
				actions, and corrective actions taken. The licensee shall review the findings
				and take any additional corrective actions necessary to preclude repetition of
				the condition, including reassessment of the deficient areas where
				indicated.
(C) The licensee shall
				maintain the review documentation for three years.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION REQUIREMENTS DURING USE › Section 120.071 - Reporting of Events

Current through Register 1525, July 5, 2024
(A) The licensee
				shall immediately notify the LLEA after determining that an unauthorized entry
				resulted in an actual or attempted theft, sabotage, or diversion of a category
				1 or category 2 quantity of radioactive material. As soon as possible after
				initiating a response, but not at the expense of causing delay or interfering
				with the LLEA response to the event, the licensee shall notify the Agency by
				telephone. In no case shall the notification to the Agency be later than four
				hours after the discovery of any attempted or actual theft, sabotage, or
				diversion.
(B) The licensee shall
				assess any suspicious activity related to possible theft, sabotage, or
				diversion of category 1 or category 2 quantities of radioactive material and
				notify the LLEA as appropriate. As soon as possible but not later than four
				hours after notifying the LLEA, the licensee shall notify the Agency by
				telephone.
(C) The initial
				telephonic notification required by 105 CMR 120.071(A) 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.
				The report must include sufficient information for Agency analysis and
				evaluation, including identification of any necessary corrective actions to
				prevent future instances.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.072 - Additional Requirements for Transfer of Category 1 and Category 2 Quantities of Radioactive Material

Current through Register 1525, July 5, 2024
A licensee transferring a category 1 or category 2 quantity
				  of radioactive material to a licensee of the Agency, U.S. Nuclear Regulatory
				  Commission, or an Agreement State shall meet the license verification
				  provisions of 105 CMR 120.072(A) through (D) instead of those listed in
				  105 CMR
				  120.140(D):
(A) Any licensee transferring category 1
				quantities of radioactive material to a licensee of the Agency, U.S. Nuclear
				Regulatory Commission, or an Agreement State, prior to conducting such
				transfer, shall verify with the NRC's license verification system or the
				license issuing authority that the transferee's license authorizes the receipt
				of the type, form, and quantity of radioactive material to be transferred and
				that the licensee is authorized to receive radioactive material at the location
				requested for delivery. If the verification is conducted by contacting the
				license issuing authority, the transferor shall document the verification. For
				transfers within the same organization, the licensee does not need to verify
				the transfer.
(B) Any licensee
				transferring category 2 quantities of radioactive material to a licensee of the
				Agency, U.S. Nuclear Regulatory Commission, or an Agreement State, prior to
				conducting such transfer, shall verify with the NRC's license verification
				system or the license issuing authority that the transferee's license
				authorizes the receipt of the type, form, and quantity of radioactive material
				to be transferred. If the verification is conducted by contacting the license
				issuing authority, the transferor shall document the verification. For
				transfers within the same organization, the licensee does not need to verify
				the transfer.
(C) In an emergency
				where the licensee cannot reach the license issuing authority and the license
				verification system is nonfunctional, the licensee may accept a written
				certification by the transferee that it is authorized by license to receive the
				type, form, and quantity of radioactive material to be transferred. The
				certification must include the license number, current revision number, issuing
				agency, expiration date, and for a category 1 shipment the authorized address.
				The licensee shall keep a copy of the certification. The certification must be
				confirmed by use of the NRC's license verification system or by contacting the
				license issuing authority by the end of the next business day.
(D) The transferor shall keep a copy of the
				verification documentation as a record for three years.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.073 - Applicability of Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Transit

Current through Register 1525, July 5, 2024
(A) For
				shipments of category 1 quantities of radioactive material, each shipping
				licensee shall comply with the requirements for physical protection contained
				in
				105
				CMR 120.074(A) and (E);
				120.075; 120.076(A)(1), (B)(1) and (C); and 120.077(A), (C), (E), (G), and
				(H).
(B) For shipments of category
				2 quantities of radioactive material, each shipping licensee shall comply with
				the requirements for physical protection contained in
				105
				CMR 120.074(B) through (E);
				120.076(A)(2) and (3) and (B)(2), and (C); and 120.077(B), (D), (F), (G), and
				(H). For those shipments of category 2 quantities of radioactive material that
				meet the criteria of
				105 CMR
				120.790(B), the shipping
				licensee shall also comply with the advance notification provisions of
				105 CMR
				120.790.
(C) The shipping licensee shall be
				responsible for meeting the requirements of
				105
				CMR 120.072 through
				120.077
				unless the receiving licensee has agreed in writing to arrange for the
				in-transit physical protection required under
				105
				CMR 120.072 through
				120.077.
(D) Each licensee that imports or exports
				category 1 quantities of radioactive material shall comply with the
				requirements for physical protection during transit contained in
				105
				CMR 120.074(A)(2) and (E);
				120.075; 120.076(A)(1), (B)(1), and (C); and 120.077(A), (C), (E), (G), and (H)
				for the domestic portion of the shipment.
(E) Each licensee that imports or exports
				category 2 quantities of radioactive material shall comply with the
				requirements for physical protection during transit contained in
				105
				CMR 120.076(A)(2) and (3), and
				(B)(2); and 120.077(B), (D), (F), (G), and
				(H) for the domestic portion of the shipment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.074 - Pre-planning and Coordination of Shipment of Category 1 or Category 2 Quantities of Radioactive Material

Current through Register 1525, July 5, 2024
(A) Each licensee
				that plans to transport, or deliver to a carrier for transport, licensed
				material that is a category 1 quantity of radioactive material outside the
				confines of the licensee's facility or other place of use or storage shall:
(1) Pre-plan and coordinate shipment arrival
				and departure times with the receiving licensee;
(2) Pre-plan and coordinate shipment
				information with the governor or the governor's designee of any State through
				which the shipment will pass to:
(a) Discuss
				the State's intention to provide law enforcement escorts; and
(b) Identify safe havens; and
(3) Document the pre-planning and
				coordination activities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.075 - Advance Notification of Shipment of Category 1 Quantities of Radioactive Material

Current through Register 1525, July 5, 2024
As specified in 105 CMR 120.075(A) and (B), each licensee
				  shall provide advanced notification to the Agency and to the governor of a
				  State, or the governor's designee, of the shipment of licensed material in a
				  category 1 quantity, through or across the boundary of the State, before the
				  transport, or delivery to a carrier for transport of the licensed material
				  outside the confines of the licensee's facility or other place of use or
				  storage.
(A)
Procedures for
				Submitting Advance Notification
.
(1) The notification must be made to the
				Agency and to the office of each appropriate governor or governor's designee.
				The contact information, including telephone and mailing addresses, of
				governors and governors' designees, is available on the U.S. Nuclear Regulatory
				Commission website at
https://scp.nrc.gov/special/designee.pdf
.
				A list of the contact information is also available upon request from the
				Director, Division of Materials Safety, Security, State, and Tribal Programs,
				Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
				Commission, Washington, DC 20555-0001. Notifications to the Agency must be made
				in accordance with
				105 CMR
				120.054.
(2) A notification delivered by mail must be
				postmarked at least seven days before transport of the shipment commences at
				the shipping facility.
(3) A
				notification delivered by any means other than mail must reach the Agency at
				least four days before the transport of the shipment commences and must reach
				the office of the governor or the governor's designee at least four days before
				transport of a shipment within or through the State.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.076 - Requirements for Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Shipment

Current through Register 1525, July 5, 2024
(A)
Shipments by Road
.
(1) Each licensee who transports, or delivers
				to a carrier for transport, in a single shipment, a category 1 quantity of
				radioactive material shall:
(a) Ensure that
				movement control centers are established that maintain position information
				from a remote location. These control centers must monitor shipments 24 hours a
				day, seven days a week, and have the ability to communicate immediately, in an
				emergency, with the appropriate law enforcement agencies.
(b) Ensure that redundant communications are
				established that allow the transport to contact the escort vehicle (when used)
				and movement control center at all times. Redundant communications may not be
				subject to the same interference factors as the primary
				communication.
(c) Ensure that
				shipments are continuously and actively monitored by a telemetric position
				monitoring system or an alternative tracking system reporting to a movement
				control center. A movement control center must provide positive confirmation of
				the location, status, and control over the shipment. The movement control
				center must be prepared to promptly implement pre-planned procedures in
				response to deviations from the authorized route or a notification of actual,
				attempted, or suspicious activities related to the theft, loss, or diversion of
				a shipment. These procedures will include, but not be limited to, the
				identification of and contact information for the appropriate LLEA along the
				shipment route.
(d) Provide an
				individual to accompany the driver for those highway shipments with a driving
				time period greater than the maximum number of allowable hours of service in a
				24-hour duty day as established by the Department of Transportation Federal
				Motor Carrier Safety Administration. The accompanying individual may be another
				driver.
(e) Develop written normal
				and contingency procedures to address:
1.
				Notifications to the communication center and law enforcement
				agencies;
2.
Communication Protocols
. Communication protocols must
				include a strategy for the use of authentication codes and duress codes and
				provisions for refueling or other stops, detours, and locations where
				communication is expected to be temporarily lost;
3. Loss of communications; and
4. Responses to an actual or attempted theft
				or diversion of a shipment.
(f) Each licensee who makes arrangements for
				the shipment of category 1 quantities of radioactive material shall ensure that
				drivers, accompanying personnel, and movement control center personnel have
				access to the normal and contingency procedures.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.078 - Form of Records

Current through Register 1525, July 5, 2024
Each record required by 105 CMR 120.050 through 120.080 must
				  be legible throughout the retention period specified by each Agency regulation.
				  The record may be the original or a reproduced copy or a microform, provided
				  that the copy or microform is authenticated by authorized personnel and that
				  the microform is capable of producing a clear copy throughout the required
				  retention period. The record may also be stored in electronic media with the
				  capability for producing legible, accurate, and complete records during the
				  required retention period. Records such as letters, drawings, and
				  specifications, must include all pertinent information such as stamps,
				  initials, and signatures. The licensee shall maintain adequate safeguards
				  against tampering with and loss of records.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › PHYSICAL PROTECTION IN TRANSIT › Section 120.079 - Record Retention

Current through Register 1525, July 5, 2024
Licensees shall maintain the records that are required by the
				  regulations in 105 CMR 120.050 through 120.080 for the period specified by the
				  appropriate regulation. If a retention period is not otherwise specified, these
				  records must be retained until the Agency terminates the facility's license.
				  All records related to 105 CMR 120.050 through 120.080 may be destroyed upon
				  Agency termination of the facility license.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.101 - Purpose and Scope

Current through Register 1525, July 5, 2024
(A)
									105 CMR
				120.100,
				120.500
				and
				120.770,
				provide for the licensing of radioactive material. No person shall manufacture,
				produce, receive, possess, use, transfer, own, or acquire radioactive material
				except as authorized pursuant to
				105 CMR
				120.100,
				120.500
				or
				120.770,
				or as otherwise provided in 105 CMR 120.000.
(B) In addition to the requirements of
				105 CMR
				120.100, all licensees are subject to the
				requirements of 105 CMR 120.000,
				120.200,
				120.750,
				and
				120.770.
				Furthermore, licensees engaged in industrial radiographic operations are
				subject to the requirements of
				105
				CMR 120.300; licensees using radionuclides in
				the healing arts are subject to the requirements of
				105 CMR
				120.500, licensees engaged in land disposal
				of radioactive material are subject to the requirements of
				105 CMR 120.801
				through
				120.885, and licensees
				engaged in wireline and subsurface tracer studies are subject to the
				requirements of
				105
				CMR 120.900.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.103 - Source Material

Current through Register 1525, July 5, 2024
(A) Any person is
				exempt from
				105 CMR
				120.100 to the extent that such person
				receives, possesses, uses, owns, or transfers source material in any chemical
				mixture, compound, solution, or alloy in which the source material is by weight
				less than 
				1/20 of 1%
				(0.05%) of the mixture, compound, solution, or alloy.
(B) Any person is exempt from
				105 CMR
				120.100 to the extent that such person
				receives, possesses, uses, or transfers unrefined and unprocessed ore
				containing source material; provided that, except as authorized in a specific
				license, such person shall not refine or process such ore.
(C) Any person is exempt from
				105 CMR
				120.100,
				120.200
				and
				120.750
				to the extent that such person receives, possesses, uses, or transfers:
(1) any quantities of thorium contained in:
(a) incandescent gas mantles;
(b) vacuum tubes;
(c) welding rods;
(d) electric lamps for illuminating purposes
				provided that each lamp does not contain more than 50 milligrams of
				thorium;
(e) germicidal lamps,
				sunlamps, and lamps for outdoor or industrial lighting provided that each lamp
				does not contain more than two grams of thorium;
(f) rare earth metals and compounds,
				mixtures, and products containing not more than 0.25% by weight thorium,
				uranium, or any combination of these; or
(g) personnel neutron dosimeters, provided
				that each dosimeter does not contain more than 50 milligrams of
				thorium;
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.104 - Radioactive Material Other than Source Material

Current through Register 1525, July 5, 2024
(A)
Exempt
				Concentrations
.
(1) Except as
				provided in 105 CMR 120.104(A)(3), and (4), any person is exempt from
				105 CMR
				120.100 to the extent that such person
				receives, possesses, uses, transfers, owns or acquires products containing
				byproduct material introduced in concentrations not in excess of those listed
				in
				105 CMR
				120.195:
Appendix
				A
.
(2)105 CMR 120.104(A)
				shall not be deemed to authorize the import of byproduct material or products
				containing byproduct material.
(3)
				A manufacturer, processor, or producer of a product or material is exempt from
				the requirements for a license set forth in
				105 CMR
				120.100 to the extent that this person
				transfers byproduct material contained in a product or material in
				concentrations not in excess of those specified in
				105 CMR
				120.195:
Appendix A
and
				introduced into the product or material by a licensee holding a specific
				license issued by NRC expressly authorizing such introduction. This exemption
				does not apply to the transfer of byproduct material contained in any food,
				beverage, cosmetic, drug, or other commodity or product designed for ingestion
				or inhalation by, or application to, a human being.
(4) No person may introduce byproduct
				material into a product or material knowing or having reason to believe that it
				will be transferred to persons exempt under 105 CMR 120.104(A) or equivalent
				regulations of the NRC, or an Agreement State except in accordance with a
				specific license issued pursuant to
				10
				CFR 32.11.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.120 - Types of Licenses

Current through Register 1525, July 5, 2024
Licenses for radioactive materials are of two types: general
				  and specific.
(A) The Agency issues a
				specific license to a named person who has filed an application for the license
				under the provisions of
				105 CMR
				120.124.
(B) A general license is provided by
				regulation, grants authority to a person for certain activities involving
				radioactive material, and is effective without the filing of an application
				with the Agency or the issuance of a licensing document to a particular person.
				However, registration with the Agency may be required by the particular general
				license.