New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 38 - Ionizing Radiation Protection › Section 38.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in
				  this Part (rule), these terms have the definitions set forth below:
(1)
A
1 means the maximum activity of
				  special form radioactive material permitted in a Type A package.
A
2means the maximum activity of
				  radioactive material, other than special form radioactive material, permitted
				  in a Type A package. These values are either listed or may be derived in
				  accordance with the procedure prescribed in Appendix A-12 of section
				  38.41  of this Part
				  (rule).
(2)
Absorbed
				  dose
means the energy imparted by ionizing radiation per unit mass of
				  irradiated material. The units of absorbed dose are the gray (Gy) and the
				  rad.
(3)
Accelerator-produced material
means any material made
				  radioactive by a particle accelerator.
(4)
Activity
means the rate
				  of disintegration or transformation or decay of radioactive material. The units
				  of activity are the becquerel (Bq) and the curie (Ci).
(5)
Adult
means an
				  individual 18 years, or more, of age.
(6)
Agreement state
means
				  any state with which the United States Nuclear Regulatory Commission or the
				  United States Atomic Energy Commission has entered into an effective agreement
				  under section 274b of the Atomic Energy Act of 1954, as amended (73 Stat.
				  689).
(7)
Airborne
				  radioactive material
means any radioactive material dispersed in the
				  air in the form of dust, fumes, particulates, mists, vapors, or
				  gases.
(8)
Airborne
				  radioactivity area
means a room, enclosure, or area in which airborne
				  radioactive materials exist in concentrations:
(i) in excess of the derived air
				  concentrations (DACs) specified in Appendix A-13 of section
				  38.41  of this Part (rule);
				  or
(ii) to such a degree that an
				  individual present in the area without respiratory protective equipment could
				  exceed, during the hours an individual is present in a week, an intake of 0.6
				  percent of the annual limit on intake (ALI) or 12 DAC-hours.
(9)
Annual limit on intake
				  (ALI)
means the derived limit for the amount of radioactive material
				  taken into the body of an adult worker by inhalation or ingestion in a year.
				  The derived limit for a given radionuclide is the lesser of the following: the
				  intake by reference man in a year that would result in a committed effective
				  dose equivalent of 0.05 Sv (5 rem) or a committed dose equivalent to any
				  individual organ or tissue of 0.5 Sv (50 rem). ALI values for intake by
				  ingestion and inhalation of selected radionuclides are given in Appendix A-13
				  of section
				  38.41  of this Part
				  (rule).
(10)
As low as is
				  reasonably achievable (ALARA)
means making every reasonable effort to
				  maintain exposures to radiation as far below the dose limits in these
				  regulations as is practical, consistent with the purpose for which the licensed
				  or registered activity is undertaken, taking into account the state of
				  technology, the economics of improvements in relation to state of technology,
				  the economics of improvements in relation to benefits to the public health and
				  safety, and other societal and socioeconomic considerations, and in relation to
				  utilization of sources of radiation in the public interest.
(11)
Background radiation
means radiation from cosmic sources, naturally occurring radioactive materials
				  in the environment including radon (except as a decay product of regulated
				  sources or special nuclear material), and global fallout as it exists in the
				  environment from the testing of nuclear explosive devices. Background radiation
				  does not include radiation from radioactive materials regulated by the
				  department.
(12)
Becquerel
				  (Bq)
means the SI unit of activity. One becquerel is equal to one
				  disintegration or transformation per second
				  (s-1).
(13)
Bioassay
means the
				  determination of kinds, quantities or concentrations, and in some cases, the
				  locations of radioactive material in the human body; whether by direct
				  measurement (in vivo counting) or by analysis and evaluation of materials
				  excreted or removed from the human body. For purposes of these regulations,
radiobioassay
is an equivalent term.
(14)
Byproduct material
means:
(i) any radioactive material, except
				  special nuclear material, yielded in or made radioactive by exposure to the
				  radiation incident to the process of producing or utilizing special nuclear
				  material; and
(ii) the tailings or
				  wastes produced by the extraction or concentration of uranium or thorium from
				  ore processed primarily for its source material content, including discrete
				  surface wastes resulting from uranium or thorium solution extraction processes.
				  Underground ore bodies depleted by these solution extraction operations do not
				  constitute byproduct material within this definition.
(15)
Calendar quarter
means
				  not less than 12 consecutive weeks nor more than 14 consecutive weeks. The
				  first calendar quarter of each year shall begin in January and subsequent
				  calendar quarters shall be so arranged such that no day is included in more
				  than one calendar quarter, and no day in any one year is omitted from inclusion
				  within a calendar quarter. No licensee or registrant shall change the method
				  used to determine calendar quarters for purposes of these regulations except at
				  the beginning of a calendar year.
(16)
Calibration
means the
				  determination of:
(i) the response or reading
				  of an instrument relative to a series of known radiation values over the range
				  of the instrument; or
(ii) the
				  strength of a source of radiation relative to a standard.
(17)
CFR
means Code of
				  Federal Regulations.
(18)
Class
means a classification scheme for inhaled materials
				  according to its rate of clearance from the pulmonary region of the lung.
				  Materials are classified as D, W, or Y, which applies to a range of clearance
				  half-times: for Class D, Days, of less than 10 days; for Class W, Weeks, from
				  10 to 100 days; and for Class Y, Years, of greater than 100 days. For purposes
				  of these regulations,
lung class
and
inhalation
				  class
are equivalent terms.
(19)
Collective dose
means
				  the sum of the individual doses received in a given period of time by a
				  specified population from exposure to a specified source of
				  radiation.
(20)
Commissioner
means the Commissioner of Labor of the State of
				  New York.
(21)
Committed
				  dose equivalent (H
T,50
)
means
				  the dose equivalent to organs or tissues of reference (T) that will be received
				  from an intake of radioactive material by an individual during the 50-year
				  period following the intake.
(22)
Committed effective dose equivalent
				  (H
E,50) is the sum of the products of the
				  weighting factors applicable to each of the body organs or tissues that are
				  irradiated and the committed dose equivalent to each of these organs or tissues
				  (HE,50=(SIGMA)WTHT,50).
(23)
Constraint
(
dose constraint
) means a value above which, specified
				  licensee actions are required.
(24)
Controlled area
means any area to which access is controlled
				  for the purpose of protecting individuals from exposure to radiation and
				  radioactive material, but shall not mean any area used as residential quarters.
				  Controlled area as used in this Part is synonymous with
restricted
				  area.
(25)
Curie
means a unit of activity. One curie (Ci) is that
				  quantity of radioactive material which disintegrates or decays at the rate of
				  3.7 *1010 transformations per second.
(26)
Declared pregnant woman
means a woman who has voluntarily informed her employer, in writing, of her
				  pregnancy. The written declaration shall include an estimated date of
				  conception or the estimated age of the embryo/fetus in days or weeks as of the
				  date of declaration.
(27)
Decommission
means to remove (as an installation) safely from
				  service and reduce residual radioactivity to a level that permits release of
				  the property for unrestricted use and termination of license.
(28)
Deep dose equivalent
				  (H
d
),
which applies to
				  external whole body exposure, means the dose equivalent at a tissue depth of
				  one centimeter (1000 mg/cm2).
(29)
Department
means the
				  New York State Department of Labor and shall include its duly authorized
				  representatives.
(30)
Depleted uranium
means the source material uranium in which
				  the isotope uranium-235 is less than 0.711 weight percent of the total uranium
				  present.
(31)
Derived air
				  concentration (DAC)
means the concentration of a given radionuclide in
				  air which, if breathed by reference man for a working year of 2,000 hours under
				  conditions of light work, results in an intake of one ALI. For purposes of
				  these regulations, the condition of light work is an inhalation rate of 1.2
				  cubic meters of air per hour for 2,000 hours in a year. DAC values are given in
				  Appendix A-13 of section
				  38.41  of this Part
				  (rule).
(32)
Derived air
				  concentration-hour (DAC-hour)
means the product of the concentration
				  of radioactive material in air (expressed as a fraction or multiple of the
				  derived air concentration for each radionuclide) and the time of exposure to
				  that radionuclide, in hours. A licensee or registrant may take 2,000 DAC-hours
				  to represent 1 ALI, equivalent to a committed effective dose equivalent of 0.05
				  Sv (5 rem).
(33)
Dose or
				  radiation dose
is a generic term that means absorbed dose, dose
				  equivalent, effective dose equivalent, committed dose equivalent, committed
				  effective dose equivalent, or total effective dose equivalent.
(34)
Dose equivalent
				  (H
t
)
means the product of the
				  absorbed dose in tissue, quality factor, and all other necessary modifying
				  factors at the location of interest. The units of dose equivalent are the
				  sievert (Sv) and rem.
(35)
Dosimetry processor
means an individual or organization that
				  processes and evaluates individual monitoring devices in order to determine the
				  radiation dose delivered to the monitoring devices.
(36)
Effective dose equivalent
				  (H
e
)
means the sum of the
				  products of the dose equivalent to each organ or tissue
				  (Ht) and the weighting factor (W
				  t) applicable to each of the body organs or tissues that
				  are irradiated (He=(SIGMA)WtH
				  t).
(37)
Embryo/fetus
means the developing human organism from
				  conception until the time of birth.
(38)
Entrance or access
				  point
means any location through which an individual could gain access
				  to radiation areas or to radioactive materials. This includes entry or exit
				  portals of sufficient size to permit human entry, irrespective of their
				  intended use.
(39)
Exposure
means either:
(i)
				  being exposed to ionizing radiation or to radioactive material; or
(ii) the quotient of dQ by dm where "dQ" is
				  the absolute value of the total charge of the ions of one sign produced in air
				  when all the electrons (negatrons and positrons) liberated by photons in a
				  volume element of air having mass "dm" are completely stopped in air. The
				  special unit of exposure is the roentgen (R). One roentgen is equal to 2.58 ×
				  10-4 coulomb per kilogram of air.
(40)
External
				  dose
means that portion of the dose equivalent received from any
				  source of radiation outside the body.
(41)
Extremity
means hand,
				  elbow, arm below the elbow, foot, knee, or leg below the knee.
(42)
Eye dose equivalent
means the external dose equivalent to the lens of the eye at a tissue depth of
				  0.3 centimeter (300 mg/cm2).
(43)
Gray (Gy)
means the SI
				  unit of absorbed dose. One gray is equal to an absorbed dose of 1
				  joule/kilogram. One gray is equal to 100 rad.
(44)
High radiation area
means any area, accessible to individuals, in which radiation levels could
				  result in an individual receiving a dose equivalent in excess of 1 mSv (0.1
				  rem) in one hour at 30 centimeters from the radiation source or from any
				  surface that the radiation penetrates.
(45)
Human use
means the
				  internal or external administration of radiation or radioactive material to
				  human beings.
(46)
Individual
shall mean any human being.
(47)
Individual monitoring
means the assessment of:
(i) dose equivalent;
(a) by the use of individual monitoring
				  devices; or
(ii)
				  committed effective dose equivalent;
(a) by
				  bioassay; or
(b) by determination
				  of the time-weighted air concentrations to which an individual has been
				  exposed; that is, DAC-hours.
(48)
Individual monitoring
				  devices
means devices designed to be worn by a single individual for
				  the assessment of dose equivalent. For purposes of these regulations,
				  individual monitoring equipment and personnel monitoring equipment are
				  equivalent terms. Examples of individual monitoring devices are film badges,
				  thermoluminescent dosimeters (TLDs), pocket dosimeters, and personal air
				  sampling devices.
(49)
Interlock
means a device arranged or connected such that the
				  occurrence of an event or condition is required before a second event or
				  condition can occur or continue to occur.
(50)
Internal dose
means
				  that portion of the dose equivalent received from radioactive material taken
				  into the body.
(51)
License
means a radioactive material license issued by the
				  commissioner in accordance with the regulations adopted by the commissioner.
				  There are two types of licenses: general and specific. A
general
				  license
means a license issued pursuant to the terms and conditions of
				  section 38.5  of this Part (rule). General
				  licenses are effective without the filing of an application with, or the
				  issuance of a licensing document by, the commissioner. A
specific
				  license
shall mean a license evidenced by a licensing document issued
				  by the commissioner to a licensee. A
specific license
also
				  means a similar license issued by the State Department of Health, the New York
				  City Department of Health, the United States Nuclear Regulatory Commission or
				  any agreement state. Unless otherwise specified, the type of license referred
				  to in this Part will be a specific license.
(52)
Licensed material
means
				  radioactive material received, possessed, used, transferred or disposed of
				  under a general or specific license issued by the commissioner.
(53)
Licensee
means any
				  person who is licensed by the commissioner in accordance with these regulations
				  or one who possesses any radioactive material which is subject to the licensure
				  requirements of this Part (rule).
(54)
Limits
or
dose
				  limits
means the permissible upper bounds of radiation
				  doses.
(55)
Lost or missing
				  licensed material
means licensed material whose location is unknown.
				  This definition includes licensed material that has been shipped but has not
				  reached its planned destination and whose location cannot be readily traced in
				  the transportation system.
(56)
Member of the public
means any individual, except an
				  individual who is performing assigned duties for the licensee or registrant
				  involving exposure to sources of radiation.
(57)
Minor
means an
				  individual less than 18 years of age.
(58)
Monitoring
means the
				  measurement of radiation levels, radioactive material concentrations, surface
				  area concentrations or quantities of radioactive material and the use of the
				  results of these measurements to evaluate potential exposures and doses. For
				  purposes of these regulations,
radiation monitoring
and
radiation protection monitoring
are equivalent
				  terms.
(59)
NARM
means any naturally occurring or accelerator-produced radioactive material. It
				  does not include byproduct, source, or special nuclear material.
(60)
Nonstochastic effect
means a health effect, the severity of which varies with the dose and for which
				  a threshold is believed to exist. Radiation-induced cataract formation is an
				  example of a nonstochastic effect. For purposes of these regulations, a
deterministic effect
is an equivalent term.
(61)
Nuclear Regulatory Commission
				  (NRC)
means the U.S. Nuclear Regulatory Commission or its duly
				  authorized representatives.
(62)
Occupational dose
means the dose received by an individual in
				  the course of employment in which the individual's assigned duties involve
				  exposure to sources of radiation, whether in the possession of the licensee,
				  registrant, or other person. Occupational dose does not include doses received:
				  from background radiation, as a patient from medical practices, from voluntary
				  participation in medical research programs, or as a member of the
				  public.
(63)
Operator
means any person conducting the business or
				  activities carried on within the radiation installation or having by law the
				  administrative control of a radiation source whether as owner, lessee,
				  contractor, or otherwise.
(64)
Package
means the packaging, together with its radioactive
				  contents as presented for transport.
(65)
Particle accelerator
means any machine capable of accelerating electrons, protons, deuterons, or
				  other charged particles in a vacuum and of discharging the resultant
				  particulate or other radiation into a medium with energies usually in excess of
				  one MeV.
(66)
Person
means any individual, corporation, partnership, firm,
				  association, trust, estate, public or private institution, group, agency,
				  political subdivision of this State, any other state or political subdivision
				  or agency thereof, and any legal successor, representative, agent, or agency of
				  the foregoing, but shall not include Federal government agencies.
(67)
Personnel monitoring
				  equipment
(see individual monitoring devices).
(68)
Possess
means to
				  acquire and take responsibility for radiation sources. A licensee or registrant
				  continues to
possess
and be responsible for a radiation source
				  until it is transferred to another licensee or registrant who is authorized to
				  receive the source in accordance with the provisions of this Part, the
				  equivalent regulations of the United States Nuclear Regulatory Commission, or
				  the rules of any other state.
(69)
Principal activities
means activities authorized by the
				  license which are essential to achieving the purpose(s) for which the license
				  was issued or amended, excluding storage or disposal of licensed material and
				  excluding activities incidental to decontamination or
				  decommissioning.
(70)
Protective barrier
means a barrier of radiation absorbing
				  material(s) used to attenuate the useful beam and/or stray radiation to the
				  degree required to assure compliance with sections
				  38.18 and
				  38.19  of this Part
				  (rule).
(71)
Public
				  dose
means the dose received by a member of the public from exposure
				  to sources of radiation regulated by this Part (rule). It does not include
				  occupational dose, dose received from background radiation, dose received as a
				  patient from medical practices, or dose from voluntary participation in medical
				  research programs.
(72)
Quality factor (Q)
means the modifying factor, that is used to
				  derive dose equivalent from absorbed dose.
(i)
				  As used in these regulations, the quality factors for converting absorbed dose
				  to dose equivalent are shown in Table 1 of this paragraph.
(ii) If it is more convenient to measure the
				  neutron fluence rate than to determine the neutron dose equivalent rate in
				  sievert per hour or rem per hour, as provided in Table 1 of this paragraph;
				  0.01 Sv (1 rem) of neutron radiation of unknown energies may, for purposes of
				  these regulations, be assumed to result from a total fluence of 25 million
				  neutrons per square centimeter incident upon the body. If sufficient
				  information exists to estimate the approximate energy distribution of the
				  neutrons, the licensee or registrant may use the fluence rate per unit dose
				  equivalent or the appropriate Q value from Table 2 of this paragraph to convert
				  a measured tissue dose in gray or rad to dose equivalent in sievert or rem.
Table 1
QUALITY FACTORS AND ABSORBED DOSE
					 EQUIVALENTS
Type of
								  radiation
Quality factor
								  (Q)
Absorbed dose equal
								  to a unit dose
								  equivalent
a
X, gamma, or beta radiation and high-speed
								electrons
1
1
Alpha particles, multiple-charged particles, fission
								fragments and heavy particles of unknown charge
20
0.05
Neutrons of unknown energy
10
0.1
High-energy protons
10
0.1
a Absorbed dose in rad equal to 1 rem or the absorbed dose
					 in gray equal to 1 Sv.
Table 2
MEAN QUALITY FACTORS, Q, AND FLUENCE PER UNIT DOSE
					 EQUIVALENT FOR MONOENERGETIC NEUTRONS
Neutron energy
								  (MeV)
Quality
								  factor
aQ
Fluence per unit
								  dose equivalent
b
								  (neutrons/cm2/rem)
Fluence per unit
								  dose equivalent
b
								  (neutrons/cm2/Sv)
2.5 × 10-8 (thermal)
2
980 × 106
980 × 108
1 × 10-7
2
980 × 106
980 × 108
1 × 10-6
2
810 × 106
810 ×108
1 × 10-5
2
810 ×106
810 × 108
1 × 10-4
2
840 × 106
840 × 108
1 × 10-3
2
980 × 106
980 ×108
1 × 10-2
2.5
1010 ×106
1010 ×108
1 × 10-1
7.5
170 ×106
170 × 108
5 × 10-1
11
39 × 106
39 ×108
1
11
27 × 106
27 × 188
2.5
9
29 ×106
29 ×108
5
8
23 × 106
23 ×106
7
7
24 × 106
24 ×108
10
6.5
24 × 106
24 ×108
14
7.5
17 × 106
17 ×108
20
8
16 ×106
16 × 108
40
7
14 × 106
14 × 108
60
5.5
16 × 106
16 ×108
1 × 102
4
20 ×106
20 ×108
2 ×102
3.5
19 ×106
19 ×108
3 ×102
3.5
16 ×106
16 × 108
4 ×102
3.5
14 x 106
14 × 108
a Value of quality factor (Q) at the point where the dose
					 equivalent is maximum in a 30-cm diameter cylinder tissue-equivalent
					 phantom.
b Monoenergetic neutrons incident normally on a 30-cm
					 diameter cylinder tissue-equivalent phantom.
(73)
Quarter
(see calendar
				  quarter).
(74)
Rad
means the special unit of absorbed dose. One rad is equal to an absorbed dose
				  of 100 erg/gram or 0.01 joule/kilogram (0.01 gray). One millirad equals 0.001
				  rad.
(75)
Radiation
means alpha particles, beta particles, gamma rays,
				  X-rays, neutrons, high- speed electrons, high-speed protons, and other
				  particles capable of producing ions. For purposes of these regulations,
ionizing radiation
is an equivalent term. Radiation, as used
				  in these regulations, does not include non-ionizing radiation, such as
				  radiowaves or microwaves, visible, infrared or ultraviolet light.
(76)
Radiation area
means
				  any area, accessible to individuals, in which radiation levels could result in
				  an individual receiving a dose equivalent in excess of 0.05 mSv (0.005 rem) in
				  one hour at 30 centimeters from the source of radiation or from any surface
				  that the radiation penetrates.
(77)
Radiation equipment
means any equipment or device which can
				  emit radiation by virtue of the application thereto of high voltage.
(78)
Radiation installation
means any place, facility or mobile unit where a radiation source is located or
				  used.
(79)
Radiation safety
				  officer
shall mean an individual who, under the authorization of the
				  operator of a radiation installation, administers a radiation protection
				  program in accordance with section
				  38.17  of this Part (rule) and who
				  is qualified by training and experience in radiological health to evaluate the
				  radiation hazards of such installation and administer such radiation protection
				  program.
(80)
Radiation
				  source
means any radioactive material or any radiation
				  equipment.
(81)
Radioactive
				  material
means any solid, liquid, or gas which emits radiation
				  spontaneously.
(82)
Radioactivity
means the transformation of unstable atomic
				  nuclei by the emission of radiation.
(83)
Reference man
means a
				  hypothetical aggregation of human physical and physiological characteristics
				  determined by international consensus. These characteristics may be used to
				  standardize results of experiments and to relate biological insult to a common
				  base.
(84)
Registrant
means any person who is registered with the
				  commissioner or is legally obligated to register with the commissioner pursuant
				  to these regulations.
(85)
Registration
means registration with the commissioner in
				  accordance with these regulations.
(86)
Rem
means the special
				  unit of any of the quantities expressed as dose equivalent. The dose equivalent
				  in rem is equal to the absorbed dose in rad multiplied by the quality factor (1
				  rem = 0.01 sievert).
(87)
Respiratory protective equipment
means an apparatus, such as a
				  respirator, used to reduce an individual's intake of airborne radioactive
				  material.
(88)
Restricted
				  area
means any area to which access is controlled for the purpose of
				  protecting individuals from exposure to radiation and radioactive material, but
				  shall not mean any area used as residential quarters.
Restricted
				  area
as used in this Part (rule) is synonymous with
controlled
				  area.
(89)
Roentgen
means the special unit of exposure. One roentgen (R)
				  equals 2.58 * 10-4 coulombs/kilogram of air (see
				  exposure).
(90)
Sanitary
				  sewerage
means a system of public sewers for carrying off waste and
				  refuse, but excluding sewage treatment facilities, septic tanks, and leach
				  fields owned or operated by the licensee or registrant.
(91)
Scattered radiation
means radiation whose direction has been altered during passage through matter.
				  (It may have been modified also by a decrease in energy.)
(92)
Sealed source
means
				  radioactive material that is permanently bonded or fixed in a capsule or matrix
				  designed to prevent release and dispersal of the radioactive material under the
				  most severe conditions which are likely to be encountered in normal use and
				  handling.
(93)
Shallow dose
				  equivalent
(Hs), which applies to the external
				  exposure of the skin or an extremity, means the dose equivalent at a tissue
				  depth of 0.007 centimeter (7mg/cm2) averaged over an
				  area of one square centimeter.
(94)
SI
means an abbreviation of the International System of
				  Units.
(95)
Sievert
means the SI unit of any of the quantities expressed
				  as dose equivalent. The dose equivalent in sievert is equal to the absorbed
				  dose in gray multiplied by the quality factor (1 Sv = 100 rem).
(96)
Site boundary
means
				  that line beyond which the land or property is not owned, leased, or otherwise
				  controlled by the licensee or registrant.
(97)
Source material
means:
(i) uranium or thorium, or any combination
				  thereof, in any physical or chemical form; or
(ii) ores that contain by weight
				  one-twentieth of one percent (0.05 percent) or more of uranium, thorium, or any
				  combination of uranium and thorium. Source material does not include special
				  nuclear material.
(98)
Source of radiation
means any radioactive material or any
				  device or equipment emitting, or capable of producing, radiation.
(99)
Special form radioactive
				  material
means radioactive material which satisfies the following
				  conditions:
(i) it is either a single solid
				  piece or is contained in a sealed capsule that can be opened only by destroying
				  the capsule;
(ii) the piece or
				  capsule has at least one dimension not less than five millimeters (0.197 inch);
				  and
(iii) it satisfies test
				  requirements specified by the U.S. Nuclear Regulatory Commission (NRC) in
				  10 CFR
				  71.75 and
				  71.77, January 1, 1994;
				  1 except that special form radioactive material
				  constructed prior to July 1, 1985 and meeting the requirements of
				   10 CFR
				  71  in effect on June 30, 1983 may continue to
				  be used.
(100)
Special nuclear material
means:
(i) plutonium, uranium-233, uranium enriched
				  in the isotope 233 or in the isotope 235, and any other material that the U.S.
				  Nuclear Regulatory Commission, pursuant to the provisions of section 51 of the
				  Atomic Energy Act of 1954, as amended, determines to be special nuclear
				  material, but does not include source material; or
(ii) any material artificially enriched by
				  any of the foregoing but does not include source material.
(101)
Special nuclear material in
				  quantities not sufficient to form a critical mass
means uranium
				  enriched in the isotope U-235 in quantities not exceeding 350 grams of
				  contained U-235; uranium-233 in quantities not exceeding 200 grams; plutonium
				  in quantities not exceeding 200 grams; or any combination of them in accordance
				  with the following formula: for each kind of special nuclear material,
				  determine the ratio between the quantity of that special nuclear material and
				  the quantity specified above for the same kind of special nuclear material. The
				  sum of such ratios for all of the kinds of special nuclear material in
				  combination shall not exceed 1. For example, the following quantities in
				  combination would not exceed the limitation and are within the formula:
175 (grams contained U-235)
+
50 (grams U-233)
+
50 (grams Pu)
= 1
350
200
200
175 (grams contained U-235)/350 + 50 (grams U-233)/200 +50
					 (grams Pu)/200 = 1
(102)
State
means the State of New York, unless the context of this
				  Part (rule) clearly indicates that a different meaning is intended.
(103)
Stochastic effect
means a health effect that occurs randomly and for which the probability of the
				  effect occurring, rather than its severity, is assumed to be a function of dose
				  without threshold. Hereditary effects and cancer incidence are examples of
				  stochastic effects. For purposes of these regulations,
probabilistic
				  effect
is an equivalent term.
(104)
Stray radiation
means
				  the sum of leakage and scattered radiation.
(105)
Survey
means an
				  evaluation of the radiological conditions and potential hazards incident to the
				  production, use, transfer, release, disposal, or presence of sources of
				  radiation. When appropriate, such evaluation includes, but is not limited to,
				  tests, physical examinations, and measurements of levels of radiation or
				  concentrations of radioactive material present.
(106)
These regulations
mean
				  all parts of Industrial Code Rule 38 (12 NYCRR Part 38).
(107)
Total effective dose equivalent
				  (TEDE)
means the sum of the deep dose equivalent for external
				  exposures and the committed effective dose equivalent for internal
				  exposures.
(108)
U.S.
				  Department of Energy
means the Department of Energy established by
				  Public Law
				  95-91, August 4, 1977, 91 Stat. 565,
				  42 U.S.C.
				  7101 et seq., to the extent that the
				  department exercises functions formerly vested in the U.S. Atomic Energy
				  Commission, its chairman, members, officers and components and transferred to
				  the U.S. Energy Research and Development Administration and to the
				  administrator thereof pursuant to section 104(b), (c) and (d) of the Energy
				  Reorganization Act of 1974 (Public Law 93-438, October 11,
				  1974, 88 Stat. 1233 at 1237, 42 U.S.C, 5814, effective January
				  19, 1975) and transferred to the Secretary of Energy pursuant to section 301(a)
				  of the Department of Energy Organization Act (Public Law 95-91, August 4, 1977,
				  91 Stat. 565 at 577-578, 42
				  U.S.C. 7151, effective October 1,
				  1977).
(109)
USNRC
means United States Nuclear Regulatory Commission.
(110)
Unrefined and unprocessed
				  ore
means ore in its natural form prior to any processing, such as
				  grinding, roasting, beneficiating, or refining.
(111)
Use as used in radioactive
				  materials licenses
means to employ or apply radioactive materials for
				  the licensed purpose. It shall include instruction of, and responsibility for,
				  technical and support staff members. It does not include training others in the
				  techniques of use of radioactive materials for the purpose of qualifying for
				  licensure.
(112)
Useful
				  beam
means the radiation which passes through the source or
				  tube-housing port and the aperture of the collimating device when the exposure
				  switch or timer is activated.
(113)
Very high radiation area
means an area, accessible to
				  individuals, in which radiation levels could result in an individual receiving
				  an absorbed dose in excess of 5 Gy (500 rad) in one hour at 1 meter from a
				  source of radiation or from any surface that the radiation
				  penetrates.2
(114)
Waste handling
				  licensees
means persons licensed to receive and store radioactive
				  wastes prior to disposal and/or persons licensed to dispose of radioactive
				  wastes.
(115)
Week
means seven consecutive days starting on Sunday.
(116)
Weighting factor
				  WT for an organ or tissue (T)
means the
				  proportion of the risk of stochastic effects resulting from irradiation of that
				  organ or tissue to the total risk of stochastic effects when the whole body is
				  irradiated uniformly. For calculating the effective dose equivalent, the values
				  of WT are:
ORGAN DOSE WEIGHTING FACTORS
Organ or tissue
WT
Gonads
0.25
Breast
0.15
Red bone marrow
0.12
Lung
0.12
Thyroid
0.03
Bone surfaces
0.03
Remainder
0.30a
Whole body
1.00b
a 0.30 results from 0.06 for each of five "remainder"
					 organs, excluding the skin and the lens of the eye, that receive the highest
					 doses.
b For purposes of weighting the external whole body dose,
					 for adding it to the internal dose, a single weighting factor, W
					 T =1.0, has been specified. The use of other weighting
					 factors for external exposure will be approved on a case-by-case basis until
					 such time as specific guidance is issued.
(117)
Whole body
means, for
				  purposes of external exposure, head, trunk (including male gonads), arms above
				  the elbow, or legs above the knee.
(118)
Worker
means an
				  individual engaged in work under a license or registration issued by the
				  commissioner and controlled by a licensee or registrant, but does not include
				  the licensee or registrant.
(119)
Working level (WL)
means any combination of short-lived radon
				  daughters in 1 liter of air that will result in the ultimate emission of 1.3 ×
				  105 MeV of potential alpha particle energy. The
				  short-lived daughters of radon-222 are: polonium-218, lead-214, bismuth-214,
				  and polonium-214. The short-lived daughters of radon-220 are: polonium-216,
				  lead-212, bismuth-212, and polonium-212.
(120)
Working level month
				  (WLM)
means an exposure to 1 working level for 170 hours (2,000
				  working hours per year divided by 12 months per year is approximately equal to
				  170 hours per month).
(121)
Year
means the period of time beginning in January used to
				  determine compliance with the provisions of these regulations. The licensee or
				  registrant may change the starting date of the year used to determine
				  compliance by the licensee or registrant provided that the change is made at
				  the beginning of the year and that no day is omitted or duplicated in
				  consecutive years.
Footnotes
a Absorbed dose in rad equal to 1 rem or the absorbed dose
					 in gray equal to 1 Sv.
b Monoenergetic neutrons incident normally on a 30-cm
					 diameter cylinder tissue-equivalent phantom.
1 The documents referenced in this Part are available for
					 review and copying at the New York State Department of Labor, State Office
					 Campus, Building 12, Room 509, Albany, NY or the New York State Department of
					 State, 162 Washington Avenue, Albany, NY.
2 At very high doses received at high dose rates, units of
					 absorbed dose, gray and rad, are appropriate, rather than units of dose
					 equivalent, sievert and rem.