January 20, 2006

Mr. George F. Johns, Jr., Supervisor

Radiation Control Unit

Minnesota Department of Health

625 Robert Street N-PO Box 64975

St. Paul MN 55164-0975

Dear Mr. Johns:

We have reviewed the proposed changes to the Minnesota Department of Health Radiation

Rules, Chapter 47341, received by our office on November 28, 2005. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Parts 30, 31 and 71 and the requirements of the three amendments identified in the

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with you on January 19, 2006.

As a result of our review, we have six comments that have been identified in the enclosure. 

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 the Minnesota regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final Minnesota regulations. However, we have determined that

if your proposed regulations were adopted, incorporating our comments and without other

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 copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Minnesota 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 comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Mr. Osiris

Siurano at 301-415-2307 or by e-mail at osp@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
January 20, 2006

Mr. George F. Johns, Jr., Supervisor

Radiation Control Unit-Minnesota Department of Health

625 Robert Street N-PO Box 64975

St. Paul MN 55164-0975

Dear Mr. Johns:

We have reviewed the proposed changes to the Minnesota Department of Health Radiation

Rules, Chapter 47341, received by our office on November 28, 2005. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Parts 30, 31 and 71 and the requirements of the three amendments identified in the

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with you on January 19, 2006.

As a result of our review, we have six comments that have been identified in the enclosure. 

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 the Minnesota regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final Minnesota regulations. However, we have determined that

if your proposed regulations were adopted, incorporating our comments and without other

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 copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Minnesota 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 comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Mr. Osiris

Siurano at 301-415-2307 or by e-mail at osp@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF (5-362) SISP Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

JLynch, RSAO : Non-Sensitive G Sensitive

CMaupin, ASPO JTobin Minnesota File

DOCUMENT NAME: E:\Filenet\ML060200281.wpd ML of Incoming Document:ML060200165

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 O.Siurano STreby KSchneider for DRathbun

DATE 1/17/2006* 1/18/2006* 1/20/2006*

ML060200281 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON MINNESOTA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 4731.4412 §35.51 2005-2 B Training for an Authorized Medical

Physicist

Minnesota’s proposed regulations

have incorrectly referenced training

requirements for an Authorized

Medical Physicist.

Minnesota needs to change State

regulations in 4731.4412 from

requirements included in (A)(2) to

also include parts C and D. This

change needs to be made to meet

the Compatibility Category B

designation assigned to Section 10

CFR 35.51.

2 4731.4445 §35.394 2005-2 B Training for the oral administration

of sodium iodide I–131 requiring a

written directive in quantities

greater than 1.22 gigabecquerels

(33 millicuries).

Minnesota’s proposed regulations 

have omitted the reference to the

training requirement in item E of

4731.4445.

Minnesota needs to add the reference

to item E in 4731.445. This addition

needs to be made to meet the

Compatibility Category B designation

assigned to Section 10 CFR 35.394. 

3 4731.0402 §71.5(a) 2004-1 B Transportation of Licensed

Material

Minnesota’s proposed regulations

exclude language requiring

compliance with 49 CFR Parts 107

and 390-397.

Minnesota needs to add these

references to 4731.0402 to meet the

Compatibility Category B designation

assigned to Section 10 CFR 71.5.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 4731.0402 §71.5(a)(a)(ii) 2004-1 B Transportation of Licensed

Material

Minnesota’s proposed regulations

excluded the reference to 10 CFR

172.441 concerning marking and

labeling with regard to transportation

of licensed material.

Minnesota needs to add the reference

to Section to 172.441 to 4731.0402 to

meet the Compatibility Category B

designation assigned to Section 10

CFR 71.5.

5 4731.0402 §71.5(a)(1)(vii) 2004-1 B Transportation of Licensed

Material

Minnesota’s proposed regulations

excluded a provision for the security

plan requirement for the

transportation of licensed material.

Minnesota needs to add the

requirements of §71.5(a)(1)(vii) to

4731.0402 to meet the Compatibility

Category B designation assigned to

Section 10 CFR 71.5.

6 4731.0403

Part 2

§71.14 2004-1 B Exemption for Low-level Materials

Minnesota’s proposed regulations for

exemption for low-level materials

incorrectly references subpart 6 of

4731.0423.

Minnesota needs to change the

reference from 4731.0423 subpart 6

to 4731.0422 subpart 3 in 4731.0403

part 2(A). This change must be made

to meet the Compatibility Category B

designation assigned to Section 10

CFR 71.14(a).
STATE REGULATION STATUS

State: Minnesota[3 amendments reviewed identified by a i Tracking Ticket at the beginning of the equivalent NRC requirement.] Date:1/20/06

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule /LiceConditionML #5

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

ML050140

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

ML050140

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

ML050140

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

ML050140

Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-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

ML050140

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

ML050140

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 to EPA StandardsPart 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

ML050140

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

59 FR 61767; 59 FR 65243;60 FR 322; (1/1/98)

1995-1 F

ML050140

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 60 FR 7900; (3/13/98) 1995-2 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule /LiceConditionML #5

20 ML050140Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 F

ML050140

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

ML050140

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

ML050140

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

ML050140

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

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

ML050140

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1 F

ML050140

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 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 F

ML050140

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

ML050140

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

ML050140

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

ML050140

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 F

ML050140

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

ML050140

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

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

ML050140

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

(2/12/01)

1998-1 F

ML050140

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule /LiceConditionML #5

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

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

ML050140

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

(10/26/01)

1998-5 F

ML050140

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

ML050140

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to 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 F

ML050140

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML050140New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML050140

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

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

ML050140

Revision of the Skin Dose Limit-Part 20 67 FR 16298 (4/5/05) 2002-1 F

ML050140

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249 (10/24/05) 2002-2 F

ML050140

Financial Assurance for Materials Licensees - Parts 30, 40, 70

68 FR 56327 (12/3/06) 2003-1

i Compatibility With IAEA Transportation Safety Standards and Other TransportationSafety Amendments – Part 71.

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

ML060200
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule /LiceConditionML #5

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 rev3. 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 Statemen Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-11 1995.5. ADAMS ML Number6. The Minnesota proposed final regulations were submitted and reviewed on this date as part of their Agreement State application package.7. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 days  binding requirements satisfying the requirements of NRC Order EA-05-090.

i Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 P

ML060200

i Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926;

(4/29/08)

2005-2 P

ML060200

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC

ML053220