Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 120.000 - The Control of Radiation
RECORDS
Section 120.124 - Filing Application for Specific Licenses

Current through Register 1531, September 27, 2024

(A) Applications for specific licenses shall be filed in duplicate on form MRCP 120.100-4 as prescribed by the Agency.

(B) The Agency may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Agency to determine whether the application should be granted or denied or whether a license should be modified or revoked.

(C) Each application shall be signed by the applicant or licensee or a person duly authorized to act for and on his or her behalf.

(D) An application for a license may include a request for a license authorizing one or more activities. The Agency will not grant the request if the proposed activities are not under the control of the same facility, administrator and radiation safety officer. In addition, when evaluating the request, the Agency will consider complexity, similarity and proximity of the proposed activities.

(E) In the application, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the Agency provided such references are clear and specific.

(F) Applications and documents submitted to the Agency may be made available for public inspection except that the Agency may withhold any document or part thereof from public inspection if disclosure of its content is not required in the public interest and would adversely affect the interest of a person concerned.

(G)

(1) Except as provided in 105 CMR 120.124(G)(2), (3), and (4), an application for a specific license to authorize receipt, possession or use of radioactive material in the form of a sealed source or in a device that contains a sealed source shall either:
(a) identify the sealed source or device that contains a sealed source by manufacturer and model number as registered with the Agency under 105 CMR 120.128(N), with the NRC or an Agreement State, or for a source or a device containing radium-226 or accelerator-produced radioactive material with a State under provisions comparable to 105 CMR 120.128(N); or

(b) contain the information identified in 105 CMR 120.128(N)(3).

(2) for sources or devices manufactured prior to October 23, 2012 that are not registered with the Agency under 105 CMR 120.128(N) or with the NRC or an Agreement State, and for which the applicant is unable to provide all categories of information specified in 105 CMR 120.128(N)(3), the applicant must provide:
(a) All available information identified in 105 CMR 120.128(N)(3) concerning the source, and, if applicable, the device; and

(b) Sufficient additional information to demonstrate that there is reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property. Such information must include a description of the source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of a recent leak test.

(3) For sealed sources and devices allowed to be distributed without registration of safety information in accordance with 105 CMR 120.128(N)(7)(a), the applicant may supply only the manufacturer, model number, and radionuclide and quantity.

(4) If it is not feasible to identify each sealed source and device individually, the applicant may propose constraints on the number and type of sealed sources and devices to be used and the conditions under which they will be used, in lieu of identifying each sealed source and device.

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