February 1, 2007

Paul Schmidt, Manager

Radiation Protection Section-Division of Public Health

Department of Health and Family Services

P.O. Box 2659

Madison, WI 53701-2659 

Dear Mr. Schmidt:

We received Wisconsin’s email response dated December 21, 2006 to our All Agreement State

letter (FSME-06-110) dated December 12, 2006, regarding the implementation of the National

Source Tracking System (NSTS) requirement to assign serial numbers to each nationally

tracked source. According to FSME 06-110 any State that has licensees that are authorized to

manufacture sources subject to tracking in the NSTS will need to take appropriate action to

implement this requirement on or before February 6, 2007. From your response we understand

that Wisconsin does not have any licensees which meet these conditions and, therefore,

Wisconsin does not need to implement this requirement at this time. However, should

Wisconsin in the future, acquire a licensee which is authorized to manufacture sources subject

to the tracking in the NSTS, Wisconsin would need to take actions to implement these

requirements at that time. 

Thank you for your quick and timely response to this matter. 

The State Regulation Status (SRS) Summary Sheet, summarizes our knowledge of other

Wisconsin regulations and legally binding requirements as indicated. Please let us know if you

note any inaccuracies, or have any comments on the information contained in the SRS

summary sheet. This letter including your SRS summary sheet is posted on the Office of

Federal and State Materials and Environmental Management Programs (FSME) website:

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

If you have any questions regarding this letter or the attached SRS summary sheet please

contact Kathleen Schneider, State Regulation Review Coordinator at 301-415-2320 (email:

kxs@nrc.gov), Ernesto Quiñones at 301-415-0271 (email: eqp@nrc.gov), or Monica Orendi at

301-415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By S.W. Moore\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and 

Environmental Management Programs

Enclosure:

 As stated
February 1, 2007

Paul Schmidt, Manager

Radiation Protection Section-Division of Public Health

Department of Health and Family Services

P.O. Box 2659

Madison, WI 53701-2659 

Dear Mr. Schmidt:

We received Wisconsin’s email response dated December 21, 2006 to our All Agreement State

letter (FSME-06-110) dated December 12, 2006, regarding the implementation of the National

Source Tracking System (NSTS) requirement to assign serial numbers to each nationally

tracked source. According to FSME 06-110 any State that has licensees that are authorized to

manufacture sources subject to tracking in the NSTS will need to take appropriate action to

implement this requirement on or before February 6, 2007. From your response we understand

that Wisconsin does not have any licensees which meet these conditions and, therefore,

Wisconsin does not need to implement this requirement at this time. However, should

Wisconsin in the future, acquire a licensee which is authorized to manufacture sources subject

to the tracking in the NSTS, Wisconsin would need to take actions to implement these

requirements at that time. Thank you for your quick and timely response to this matter. 

The State Regulation Status (SRS) Summary Sheet, summarizes our knowledge of other

Wisconsin regulations and legally binding requirements as indicated. Please let us know if you

note any inaccuracies, or have any comments on the information contained in the SRS

summary sheet. This letter including your SRS summary sheet is posted on the Office of

Federal and State Materials and Environmental Management Programs (FSME) website:

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

If you have any questions regarding this letter or the attached SRS summary sheet please

contact Kathleen Schneider, State Regulation Review Coordinator at 301-415-2320 (email:

kxs@nrc.gov), Ernesto Quiñones at 301-415-0271 (email: eqp@nrc.gov), or Monica Orendi at

301-415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By S.W. Moore\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and 

Environmental Management Programs

Enclosure: As stated

Distribution:

DIR RF (7-4) SUNSI Review Complete

DCD (SP07) : Publicly Available G Non-Publicly Available

JLynch, RSAO : Non-Sensitive G Sensitive

LBolling, ASPO MOrendi [WI]File

DOCUMENT NAME: C:\FileNet\ML070310335.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 MSEA SAIS OGC SAIS:BC MSSA:DD

NAME MOrendi KSchneider FCameron PRathbun SMoore

DATE 01/17/07* 01/17/07* 01/30/07* 02/01/07* 02/01/07*

ML070310335 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Wisconsin Tracking Ticket Nu[ 1 amendment reviewed identified by a i Date: February 1, 2at the beginning of the equivalent NRC requirement.] 

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 

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

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 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

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 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 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 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;60 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 Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1 

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 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within

an Agreement State-Part 150

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

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

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 

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 

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

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

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

(10/26/01)

1998-5

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

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P8

ML012770

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 F

ML063120

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

ML060740

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 F

ML063120

Compatibility with IAEA Transportation Safety Standards and Other Transportation SafetyAmendments - Part 71

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

ML063120

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

ML063120

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

(4/29/08)

2005-2 F

ML063120
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 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 the regulation. See: “Final Policy Statem

Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number.6. Wisconsin became an Agreement State effective 08/11/03. The State incorporated NRC regulations 08/01/02 and these regulations were 

7. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 da8. A re-review was completed on this item due to the change in compatibility category of 31.5 and 31.6. More information can be found in the 

STP 05-072.

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

ML052560

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1iNational Source Tracking System - Serialization Requirements - Part 32 with referenece toPart 20 Appendix E

71 FR 65685 (2/6/07) 2006-2 

National Source Tracking System - Part 20 71 FR 65865 (11/15/07) &

(11/30/07)

2006-3