May 17, 2007

Robert W. Goff, Director

Division of Radiological Health 

State Department of Health

3150 Lawson Street, P.O. Box 1700 

Jackson, MS 39215-1700 

Dear Mr. Goff:

We have reviewed the final revision to the Mississippi regulations, Title 15, Part III, Subpart 78,

“General Licenses - Radioactive Material Other Than Source Material”, received by our office

on March 22, 2007. 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 one amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with Jimmy Carson on May 17, 2007.

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.

As a result of our review, we have 18 comments that have been identified in the enclosure. All

of these comments are less restrictive than NRC’s GL Rule and will need to be addressed by

Mississippi in a future rulemaking. Please note that we have limited our review to regulations

required for compatibility and/or health and safety. We have determined that if these

regulations are revised, incorporating our comments and without other significant change, they

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

Federal and State Materials and Environmental Management Programs (FSME) Procedure SA200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided to us for review. As requested in FSME Procedure SA-201,

“Review of State Regulatory Requirements,” please highlight the location of any changes made

by Mississippi, in response to our comments, and provide a copy to Division of Materials Safety

and State Agreements, FSME.

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 FSME website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 
Director Robert W. Goff -2- May 17, 2007

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 Kathleen

Schneider at 301-415-2320 (email: kxs@nrc.gov) or Jonathan Rivera at 301-415-5810 (email:

jxr4@nrc.gov).

Sincerely,

\RA By\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

As stated
Director Robert W. Goff -2- May 17, 2007

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 Kathleen

Schneider at 301-415-2320 (email: kxs@nrc.gov) or Jonathan Rivera at 301-415-5810 (email:

jxr4@nrc.gov).

Sincerely,

\RA By\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

Distribution:

DIR RF (7-32) SUNSI Review Complete

DCD (SP08) : Publicly Available G Non-Publicly Available

LMcLean, RSAO : Non-Sensitive G Sensitive

SSmith, ASPO MOrendi [MS] File

DOCUMENT NAME: C:\FileNet\ML071370197.wpd ML of Incoming Document:ML070850831

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 SAISB SAISB SAISB OGC SAIS:BC MSSA:DD

NAME JRivera MOrendi KSchneider FCameron DWhite SMoore

DATE 04/24/07* 04/24/07* 04/24/07* 05/14 /07* 04/24/07* 05/17/07*

ML071370197 OFFICIAL RECORD COPY MLPKG.071380064
COMPATIBILITY COMMENTS ON MISSISSIPPI FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 300.06

(4)(b)

31.5 (b) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi left out the words “initially

transferred” after “...which have been

manufactured...” in its regulation

300.06(4)(b). MS also omits 10 CFR

31.5(b)(2) from its regulations. 

Mississippi needs to add “initially

transferred” as stated under

31.5(b)(1) to 300.06(4)(b) and needs

to add a section equivalent to 10 CFR

31.5(b)(2) in order to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(b). 

2 300.06

(4)(c)(v)

31.5 (c)(5) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi is missing the statement

“...in the case of detection of 0.005

microcurie or more removable

radioactive material or failure of or

damage to a source likely to result in

contamination of the premises or the

environs, a plan for ensuring...” after

the words “a report containing a brief

description....” 

Mississippi needs to add the above

phrase to 300.06(4)(c)(v) in order to

meet the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(5).

3 N/A 31.5 (c)(7) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi omits a section equivalent

to 10 CFR 31.5(c)(7).

Although Mississippi does not have

the authority to authorize export of

any radioactive materials as per the

Agreement between the State and

the NRC, Mississippi still needs to

add a section equivalent to 10 CFR

31.5(c)(7) in order to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(c)(7). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 300.06

(4)(c)(vii)

31.5 (c)(8) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi is missing a reference to a

section equivalent to 10 CFR

31.5(c)(7) in 10 CFR 31.5(c)(8).

Mississippi is missing an equivalent

statement to “...or part 30 of this

chapter that authorizes waste

collection...” as stated under

31.5(c)(8)(i). 

Mississippi is missing the reporting of

“serial number”, “license number”,

and “date of transfer” under

31.5(c)(8)(ii)(A), (B), and (C). 

Mississippi omits an equivalent

section to 31.5(c)(8)(iii). 

Mississippi adds the sentence “No

report is required...to obtain a

replacement device” to

300.06(4)(c)(vii), which is not included

in 31.5(c)(8). This sentence needs to

be removed.

Mississippi needs to make the

changes indicated above to

300.06(4)(c)(vii) in order to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(c)(8).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 300.06

(4)(c)(viii)

31.5 (c)(9)(i) 

and (ii)

2001-1 B Certain detecting, measuring,

gauging, or controlling devices

300.06(4)(c)(viii)(i) is missing

references to regulations in which

copies need to be provided

(specifically equivalent regulations to

10 CFR 20.2201, and 20.2202 which

are 400.52 and 400.53).

300.06(4)(c)(viii)(i) is missing the

reporting of “serial number” and

“responsible individual... to have

knowledge of and authority to take

actions....” under 31.5(c)(9)(i)(B) and

(D). In regards to responsible

individual, State only requires

reporting of an individual “who may

constitute a point of contact.” 

300.06(4)(c)(viii)(ii) is missing the

words “...by an intermediate

person....” present under

31.5(c)(9)(ii).

Mississippi needs to make the above

changes to 300.06(4)(c)(viii) in order

to meet the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(5).

6 N/A 31.5 (c)(11) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi omits an equivalent

section to 10 CFR 31.5(c)(11).

Mississippi needs to add a section

equivalent to 10 CFR 31.5(c)(11) in

order to meet the Compatibility

Category B designation assigned to

10 CFR 31.5(c)(11).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

7 N/A 31.5 (c)(12) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi omits an equivalent

section to 10 CFR 31.5(c)(12).

Mississippi needs to add a section

equivalent to 10 CFR 31.5(c)(12) in

order to meet the Compatibility

Category B designation assigned to

10 CFR 31.5(c)(12).

8 N/A 31.5 (c)(13) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi omits an equivalent

section to 10 CFR 31.5(c)(13).

Mississippi needs to add a section

equivalent to 10 CFR 31.5(c)(13) in

order to meet the Compatibility

Category B designation assigned to

10 CFR 31.5(c)(13).

9 N/A 31.5 (c) (14) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi omits an equivalent

section to 10 CFR 31.5(c)(14).

Mississippi needs to add a section

equivalent to 10 CFR 31.5(c)(14) in

order to meet the Compatibility

Category B designation assigned to

10 CFR 31.5(c)(14).

10 N/A 31.5 (c)(15) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi omits an equivalent

section to 10 CFR 31.5(c)(15).

Mississippi needs to add a section

equivalent to 10 CFR 31.5(c)(15) in

order to meet the Compatibility

Category B designation assigned to

10 CFR 31.5(c)(15).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

11 300.06

(4)(d)

31.5 (d) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

Mississippi is missing the words “..or

import of....” in its regulation. 

Mississippi needs to add the above

phrase to its regulation 300.06(4)(d)

in order to meet the Compatibility

Category B designation assigned to

10 CFR 31.5(d).

12 300.26 (2) 31.6 2001-1 B General license to install devices

generally licensed 

Mississippi does not cite the correct

section of their regulations that is

applicable our § 31.5. Specifically

MS lists 300.06)(a) and instead it

should be 300.06(4)(a).

Mississippi needs to make the above

change in order to meet the

Compatibility Category B designation

assigned to 10 CFR 31.6. 

13 N/A 32.51 (a)(4) and

(5)

2001-1 B Byproduct material contained in

devices for use under Sec. 31.5

Mississippi omits an equivalent

section to 10 CFR 32.51(a)(4) and

(5).

Mississippi needs to add a section

equivalent to 32.51(a)(4) and (5) to

meet the Compatibility Category B

designation assigned to 10 CFR

32.51 (a)(4) and (5).

14 N/A 32.51a(a) 2001-1 B Conditions of licenses

Mississippi omits an equivalent

section to 10 CFR 32.51a(a) from

their regulations.

Mississippi needs to add an

equivalent section in order to meet

the Compatibility Category B

designation assigned to 10 CFR

32.51a(a).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

15 N/A 32.51a(b) 2001-1 B Conditions of licenses

Mississippi omits an equivalent

section to 10 CFR 32.51a(b) from

their regulations.

Mississippi needs to add an

equivalent section in order to meet

the Compatibility Category B

designation assigned to 10 CFR

32.51a(b).

16 N/A 32.52 (a) 2001-1 B Material transfer reports and

records

Mississippi omits regulations

equivalent to 10 CFR 32.52(a).

Mississippi needs to add an

equivalent section in order to meet

the Compatibility Category B

designation assigned to 10 CFR

32.52(a).

17 N/A 32.52 (b) 2001-1 B Material transfer reports and

records

Mississippi omits regulations

equivalent to 10 CFR 32.52(b).

Mississippi needs to add an

equivalent section in order to meet

the Compatibility Category B

designation assigned to 10 CFR

32.52(b).

18 N/A 32.52 (c) 2001-1 B Material transfer reports and

records

Mississippi omits regulations

equivalent to 10 CFR 32.52(c). 

Mississippi needs to add an

equivalent section in order to meet

the Compatibility Category B

designation assigned to 10 CFR

32.52(c). 
STATE REGULATION STATUS

State: MISSISSIPPI Tracking T[1 Amendment reviewed is identified Date: May by a i at the beginning of each equivalent NRC regulation] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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

ML01059

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

ML01059

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

ML01059

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

ML01059

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 P

ML01059

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

ML01059

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

ML01059

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 P

ML01059

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical 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

ML01059
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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

(3/1/98)

1995-3 P

ML01059

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

ML01059

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

ML01059

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

ML01059

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

ML01059

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 P

ML01059

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

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

ML01059

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

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

ML01059

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

ML01059

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

ML01059

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

ML01059

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 PML01059Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P

ML01059
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-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 Requirements for IndustrialRadiographic Operations-Part 34

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

ML01059

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

ML01059

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

ML01059

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 P

ML01059

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

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

ML04029

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

ML04029

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

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

ML07085

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

ML05138

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

ML05138

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

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

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical 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 (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) 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 P

and Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-9

5. ADAMS ML Number.6. The Final State Regulation (Effective Date) of some regulations may be the date of adoption with the effective date occurring 3

according to Washington statute.

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

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

ML05311

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