March 21, 2005

Robert W. Goff , Director

Division of Radiological Health

Mississippi State Department Health

3150 Lawson Street

P.O. Box 1700

Jackson, MS 39215-1700

Dear Mr. Goff: 

We have reviewed the proposed changes to the Mississippi regulations, “Regulations for

Control of Radiation in Mississippi”, received by our office on March 3, 2005. These regulations

were reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 20, 32, and 35, and

the requirements of the 2 amendments identified in the enclosed State Regulation Status (SRS)

Data Sheet. We discussed our review of the regulations with you on March 3, 2005.

The incoming letter stated that the Training and Experience requirements for Part 35 are

adopted from the old Subpart J. For Mississippi’s convenience, we have identified 10 sections

that Mississippi will need to revise regarding the new Part 35 Training and Experience

requirements once the revision to Part 35 is published. As a result of our review, no additional

comments were identified. Please note that we have limited our review to regulations required

for compatibility and/or health and safety. Under our current procedure, a finding that a State

regulation meets the compatibility and health and safety categories of the equivalent NRC

regulation may only be made based on a review of the final Mississippi regulation. However,

we have determined that if these regulations were adopted without significant change they

would meet the compatibility and health and safety categories established in the Office of State

and Tribal Programs (STP) Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the “as published” regulations be provided to us for review. As requested in STP

Procedure SA-201, Review of State Regulatory Requirements, please highlight the final

changes and provide a hard copy to STP. 

The SRS Data Sheet summarizes our knowledge of the status of other Mississippi regulations, as

indicated. Please let us know if you note any inaccuracies, or have any comments on the

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted

on the STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the review results, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Shawn

Rochelle Smith of my staff at (301) 415-2620 or srs3@nrc.gov. 

Sincerely,

\RA By M. Shaffer For\

Paul H. Lohaus, Director

Office of State and Tribal Program

Enclosures: As Stated
March 21, 2005

Robert W. Goff , Director

Division of Radiological Health

Mississippi State Department Health

3150 Lawson Street, P.O. Box 1700

Jackson, MS 39215-1700

Dear Mr. Goff: 

We have reviewed the proposed changes to the Mississippi regulations, “Regulations for Control

of Radiation in Mississippi”, received by our office on March 3, 2005. These regulations were

reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 20, 32, and 35, and the

requirements of the 2 amendments identified in the enclosed State Regulation Status (SRS) Data

Sheet. We discussed our review of the regulations with you on March 3, 2005. 

 .

The incoming letter stated that the Training and Experience requirements for Part 35 are adopted

from the old Subpart J. For Mississippi’s convenience, we have identified 10 sections that Mississippi

will need to revise regarding the new Part 35 Training and Experience requirements once the revision

to Part 35 is published. As a result of our review, no additional comments were identified. Please

note that we have limited our review to regulations required for compatibility and/or health and safety. 

Under our current procedure, a finding that a State regulation meets the compatibility and health and

safety categories of the equivalent NRC regulation may only be made based on a review of the final

Mississippi regulation. However, we have determined that if these regulations were adopted without

significant change they would meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations, a

copy of the “as published” regulations be provided to us for review. As requested in STP Procedure

SA-201, Review of State Regulatory Requirements, please highlight the final changes and provide a

hard copy to STP. 

The SRS Data Sheet summarizes our knowledge of the status of other Mississippi regulations, as

indicated. Please let us know if you note any inaccuracies, or have any comments on the information

contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the STP

website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the review results, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Shawn Rochelle

Smith of my staff at (301) 415-2620 or srs3@nrc.gov. 

Sincerely,

\RA By M. Shaffer For\

Paul H. Lohaus, Director

Office of State and Tribal Program

Enclosures: As Stated SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-57] DCD (SP06) PDR (YES_T) Response to Incoming Document: ML050490302

Sheri Minnick/Duncan White, RSAO Shawn Smith, ASPO Mississippi File Document

Name:E:\Filenet\ML050870570.wpd

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No

copy

OFFICE STP STP OGC STP:D

NAME SSmith WRautzen STreby MShaffer for PLohaus

DATE 3/10/05* 3/10/05* 3/18/05* 3/21/05*
ML050870570 OFFICIAL RECORD COPY

Training and Experience Requirements for Revised Part 35

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 801.G.25 35.50 2002-2 B Training for Radiation Safety

Officer

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 

2 801.G.26 35.51 2002-2 B Training for an authorized medical

physicist

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 

3 801.G.46 35.190 2002-2 B Training for uptake, dilution and

excretion studies

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 

4

801.G.51

35.290 2002-2 B Training for imaging and

localization studies

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5

801.G.56

35.390 2002-2 B Training for use of unsealed

byproduct material for which a

written directive is required

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 

6 Omitted 35.392 2002-2 B Training for the oral administration

of sodium iodide I-131 requiring a

written directive in quantities less

than or equal to 1.22

Gigabecquerels (33 millicuries)

The State omitted this provision.

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 

7 Omitted 35.394 2002-2 B Training for the oral administration

of sodium iodide I-131 requiring a

written directive in quantities 

greater than 1.22 Gigabecquerels

(33 millicuries)

The State omitted this provision.

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 801.G.67 35.490 2002-2 B Training for use of manual

brachytherapy sources

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 

9 801.G.68 35.491 2002-2 B Training for ophthalmic use of

strontium-90

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 

10 801.G.88 35.690 2002-2 B Training for use of remote

afterloader units, teletherapy units,

and gamma stereotactic

radiosurgery units

The State has not adopted the

revised Training and Experience

criteria. The State is using Subpart J

for training criteria and intends to

adopt the Part 35 Training and

Experience criteria revisions

approved by the Commission on

March 7, 2005. 
STATE REGULATION STATUS

State: Mississippi Tracking Ticket Numbe[Two proposed amendments reviewed are identified Date: March 21, 2005by a i at the beginning of each equivalent NRC regulation] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 P

ML010590

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR 61352;

57 FR 38588; 57 FR 57877;58 FR 67657; 59 FR 41641;60 FR 20183; (1/1/94)

1991-3 P

ML010590

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 P

ML010590

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 P

ML010590

Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 P

ML010590

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 P

ML010590

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 P

ML010590

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 P

ML010590

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 P

ML010590

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983 1995-3 P 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

(3/1/98) ML010590

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P

ML010590

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P

ML010590

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P

ML010590

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-710 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 P

ML010590

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,61, 70

61 FR 24669; (6/17/99) 1996-3 P

ML010590

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 PML010590

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 P

ML010590

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 P

ML010590

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 P

ML010590

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 P

ML010590

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 PML010590

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P

ML010590

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. N means “No,” there are no comments i3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final Policy S

and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112

5. ADAMS ML Number.

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 P

ML010590

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 P

ML010590

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 P

ML010590

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3 P

ML010590

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 F

ML040290

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML040290

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1

i Revision of the Skin Dose Limit -Part 20 67 FR 16298; 4/5/05 2002-1 P

ML050490

i Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; 10/24/05 2002-2 P

ML050490

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

69 FR 3697; (10/01/07) 2004-1