Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 120.000 - The Control of Radiation
RECORDS
Section 120.190 - Reciprocal Recognition of Licenses

Universal Citation: 105 CMR 120.000 MA Code of Regs 120.190

Current through Register 1531, September 27, 2024

(A) Licenses of Byproduct, Source, and Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass.

(1) Subject to 105 CMR 120.000, any person who holds a specific license from the U.S. Nuclear Regulatory Commission or an Agreement State, and issued by the Agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within this State for a period not in excess of 180 days in any calendar year provided that:
(a) the licensing document does not limit the activity authorized by such document to specified installations or locations;

(b) the out-of-state licensee notifies the Agency in writing at least three days prior to engaging in such activity. Such notification shall indicate the location, period, and type of proposed possession and use within the State, and shall be accompanied by a copy of the pertinent licensing document. If, for a specific case, the three day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the Agency, obtain permission to proceed sooner. The Agency may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in 105 CMR 120.190(A)(1);

(c) the out-of-state licensee complies with all applicable regulations of the Agency and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable regulations of the Agency;

(d) the out-of-state licensee supplies such other information as the Agency may request; and

(e) the out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in 105 CMR 120.190(A)(1) except by transfer to a person:
1. specifically licensed by the Agency or by the U.S. Nuclear Regulatory Commission to receive such material; or,

2. exempt from the requirements for a license for such material under 105 CMR 120.104(A).

(2) Notwithstanding the provisions of 105 CMR 120.190(A)(1), any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission or an Agreement State authorizing the holder to manufacture, transfer, install, or service a device described in 105 CMR 120.122(D)(1) within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate, or service such a device in this State provided that:
(a) Filing a report with the Agency (Reserved);

(b) the device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by the U.S. Nuclear Regulatory Commission or an Agreement State;

(c) such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of this label is prohibited"; and,

(d) the holder of the specific license shall furnish to each general licensee to whom he transfers such device or on whose premises he installs such device a copy of the general license contained in 105 CMR 120.122(D) or in equivalent regulations of the Agency having jurisdiction over the manufacture and distribution of the device.

(3) The Agency may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by the U.S. Nuclear Regulatory Commission or an Agreement State, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.

(B) Exceptions to the General License.

(1) The general license granted in 105 CMR 120.190(A) to conduct activities in the State does not include activities in areas of exclusive Federal jurisdiction within the State or offshore waters.

(2) Authorization for use of radioactive materials in areas of exclusive Federal jurisdiction within the State or offshore waters may be obtained from the U.S. Nuclear Regulatory Commission as provided for in 10 CFR 150.20.

(3) Before radioactive material can be used at a temporary Jobsite in another State, authorization shall be obtained from the State if it is an Agreement State, or from the NRC for any non-Agreement State, either by filing for reciprocity or applying for a specific license.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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