August 31, 2006

Mary Sue Semerena, Section Administrator

Department of Health and Human Services

Regulation and Licensure

301 Centennial Mall South

P.O. Box 95007

Lincoln, NE 68509-5007

Dear Ms. Semerena:

By letter dated June 9, 2003, we sent you the results of our review of the final changes to the

Nebraska regulations which were submitted to the NRC by letter dated May 29, 2003. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 30, 31, and 32, and the requirements of the General License (GL)

amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. The review

we conducted omitted a specific review of Sections 10 CFR Parts 31.5 and 31.6. The text of

these sections was not revised by the GL amendment, but the compatibility designations were

changed from Compatibility Categories C and D respectively, to Category B. 

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to review Agreement State GL Device proposed and final rules but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule.

For Agreement States without a GL Device rule or a GL Device rule less restrictive than the

NRC rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

We discussed our re-review of the GL Amendment with Julia Schmitt on August 21, 2006. 

Although we had no comments for the 2001-1 amendment stated in the June 9, 2003 letter, as a

result of our re-review against the Compatibility Category B designation, we have three

comments that have been identified in the enclosure. Comment 1 indicates that the State’s

regulation is more restrictive than the NRC’s regulation, and there is no corrective action

required for this comment at this point. However, Comments 2 and 3 indicate that the State’s

regulations are less restrictive than the NRC’s regulations, and they need to be addressed in

the State’s future rulemaking process. We request that when a final amended version of

Nebraska regulations is adopted and published in response to our comments, that 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 note that we have limited our review to regulations required for compatibility and/or

health and safety. The SRS Data Sheet summarizes our knowledge of the status of other

Nebraska 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.hsrd.ornl.gov/nrc/rulemaking.htm.
Mary Sue Semerana -2- August 31, 2006

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

categories, or any of the NRC regulations used in the review, please contact me, or Ms. Monica

Orendi at (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs
Mary Sue Semerana -2- August 31, 2006

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

categories, or any of the NRC regulations used in the review, please contact me, or Ms. Monica

Orendi at (301) 415-3938 or by e-mail at MOL1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution: SUNSI Review Complete

DIR RF(6-16) DCD (SP08) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document: ML031500771

 JLynch, RSAO ,OSiurano ASPO WRautzen BUsilton Nebraska File

Document Name:C:\ADAMS\Cache\ML0624002660.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 OGC STP:DD

NAME SLai STreby KNSchneider for DKRathbun

DATE 7/26/06* 8/08/06* 8/31/06*

ML062400266 OFFICIAL RECORD COPY MLPKG.ML062400274
COMMENTS ON PROPOSED NEBRASKA REGULATIONS

NRC

SECTION

STATE 

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

1 31.5(c)(4)

(i)

180 NAC 

3-

008.04-

3.d.

2001-1 B Certain detecting, measuring, gauging,

or controlling devices and certain

devices for producing light or an

ionized atmosphere

Nebraska’s amendment is more

restrictive than NRC’s regulations in that

the records of tests for leakage must be

maintained until the sealed source is

transferred or disposed, instead of the

NRC’s 3 years time frame or until the

sealed source is transferred or disposed. 

Nebraska’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005 All

Agreement States Letter STP-05-072, the

determination on this provision will be

held in abeyance until such time that the

NRC completes its review and response

to the Organization of Agreement State

petition and State of Florida’s request on

compatibility changes for the GL rule.

2 31.5(c)(4)

(ii)

180 NAC

3-

008.04-

3.d.

2001-1 B Certain detecting, measuring, gauging,

or controlling devices and certain

devices for producing light or an

ionized atmosphere

Nebraska’s amendment is less restrictive

than NRC’s regulations in that

Nebraska’s amendment requires each

record of a test of the on-off mechanism

and indicator to be maintained for only 1

year instead of the NRC’s 3 years time

frame.

Nebraska needs to revise the length of

time that the records should be

maintained in 3-008.04-3.d. to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(c)(4)(ii).
NRC

SECTION

STATE 

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

3 31.5(c)(4)

(iii)

180 NAC

3-

008.04-

3.d

2000-1 B Certain detecting, measuring, gauging,

or controlling 

devices and certain devices for

producing light or an ionized

atmosphere

Nebraska’s amendment is less restrictive

than NRC’s regulations in that In addition,

the records which are required by 10

CFR 31.5(c)(3) must be maintained for

only 2 years, instead of the NRC’s 3

years time frame.

Nebraska needs to revise the length of

time that the records should be

maintained in 3-008.04-3.d. to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(c)(4)(iii).
STATE REGULATION STATUS

State: Nebraska [1 Amendment reviewed identified by a i at the beginning of the equivalent NRC requirement. ] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / LicenseCondition (LC)ML #5

NRC Review / Y, N2 / Date /

LicenseCondition (LCML #4

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 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 F 10/7/97 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 Eliminating the Recordkeeping Requirements for Departures fromManufacturer's Instructions-Parts 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 F

ML022800655

N 10/18/02ML022960258

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

ML022800655

N 10/18/02ML022960258

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 

Uranium Mill Tailings Regulations: Conforming NRC Requirements toEPA 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 F

ML022800655

N 10/18/02ML022960258

Preparation, Transfer for Commercial Distribution, and Use of 59 FR 61767; 59 FR 65243 1995-1 F N 10/18/02 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / LicenseCondition (LC)ML #5

NRC Review / Y, N2 / Date /

LicenseCondition (LCML #4

Byproduct Material for Medical Use-Parts 30, 32, 35 60 FR 322; (1/1/98) ML022800655 ML022960258Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment-Part 20 

60 FR 7900; (3/13/98) 1995-2 F N

5/19/99

Low-Level Waste Shipment Manifest Information and Reporting-Parts20, 61

60 FR 15649; 60 FR 25983(3/1/98)

1995-3 F N

5/19/99

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

ML003763184

N 2/1/01ML010330318

Radiation Protection Requirements: Amended Definitions and CriteriaParts 19, 20 60 FR 36038; (8/14/98) 1995-5 F N5/19/99 

Clarification of Decommissioning Funding Requirements-Parts 30, 40,70

60 FR 38235; (11/24/98) 1995-6 F

ML022800566

N 10/18/02ML022960258

Medical Administration of Radiation and Radioactive Materials-Parts 20,35

60 FR 48623; (10/20/98) 1995-7 F

ML022800655

N 10/18/02ML022960258

10 CFR Part 71: Compatibility with the International Atomic EnergyAgency-Part 71

60 FR 50248; 61 FR 28724(4/1/99)

1996-1 F

ML003763184

N 2/1/01ML010330318

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

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

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

ML022800655

N 10/18/02ML022960258

Resolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML003763184

N 2/1/01ML010330318

Recognition of Agreement State Licenses in Areas Under ExclusiveFederal Jurisdiction Within an Agreement State-Part 150

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

ML003763184

N 2/1/01ML010330318

Criteria for the Release of Individuals Administered RadioactiveMaterial-Parts 20, 35

62 FR 4120; (5/29/00) 1997-3 F

ML022800655

N 10/18/02ML022960258

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

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

62 FR 28947; (6/27/00) 1997-5 F N 2/1/01 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / LicenseCondition (LC)ML #5

NRC Review / Y, N2 / Date /

LicenseCondition (LCML #4

ML003763184 ML010330318

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

ML011130396

N 7/20/01ML012010439

Exempt Distribution of a Radioactive Drug Containing One Microcurieof Carbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F

ML003763184

N 2/1/01ML010330318

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71,150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1 F

ML031500771

N 6/09/03ML031610005

Self-Guarantee of Decommissioning Funding by Nonprofit and NonBond-Issuing Licensees- Parts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirementsfor Industrial Radiographic Operations-Part 34

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

ML003763184

N 2/1/01ML010330318

 Minor Corrections, Clarifying Changes, and a Minor Policy ChangeParts 20, 35, 36 63 FR 39477; 63 FR 45393 (10/26/01) 1998-5 FML031500771 N 6/09/03 ML031610005 

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 F

ML022800655

N 10/18/02ML022960258

Radiological Criteria for License Termination of Uranium RecoveryFacilities-Part 40

64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial DevicesContaining Byproduct Material to Provide Requested Information-Part31

64 FR 42269; (none) 1999-2 

 Respiratory Protection and Controls to Restrict Internal Exposure-Part20

64 FR 54543; 64 FR 55524(2/2/03)

1999-3 F

ML031500771

N 6/09/03ML031610005

 Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F

ML031500771

N 6/09/03ML031610005

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

ML031500771

N 6/09/03ML031610005

iRequirements for Certain Generally Licensed Industrial Devices

Containing Byproduct Material - Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 F7 Y 8/31/06 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / LicenseCondition (LC)ML #5

NRC Review / Y, N2 / Date /

LicenseCondition (LCML #4

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 in the review letter.

3. 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 P

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 1995. 

5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were 

legally binding requirements satisfying the requirements of NRC Order EA-05-090.

7. A re-review was completed on this item due to change in compatibility of 31.5 and 31.6. More information can be found in the A

STP 05-072.

ML031500771 ML062400266

Revision of the Skin Dose Limit -Part 20 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility With IAEA Transportation Safety Standards and OtherTransportation Safety Amendments – Part 71

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

Security Requirements for Portable Gauges Containing ByproductMaterial - Part 30

70 FR 2001; (7/11/08) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards -Part 35

70 FR 16336; 71 FR 1926(4/29/08)

2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRCOrder EA-05-090)6

70 FR 72128; (12/1/05) 2005-3 LC

ML053060118 

N 11/3/05ML053070551

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1