April 23, 2007

William A. Passetti, Chief

Bureau of Radiation Control

Department of Health

4052 Bald Cypress Way

Tallahassee, FL 32399-1741

Dear Mr. Passetti:

We have reviewed the final revisions to Florida’s Control of Radiation Hazard Regulations,

Chapter 64E-5, Florida Administrative Code (FAC), as received by our office on February 21,

2007. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34, 36, 39, 40, 70, and 71 and the

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

Data Sheet. We discussed our review of the regulations with Michael Stephens on 

April 19, 2007.

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

continue to hold in abeyance any determination on those rules and compatibility of 10 CFR 31.5

and 31.6, if the Agreement State has the essential elements of the NRC’s rule and is more

restrictive than the NRC’s rule.

As a result of our review against the GL Device Rule Compatibility Category B designation, we

have 14 comments as listed in the enclosure. Comments 11, 16, and 17 indicate that the

State’s regulations are more restrictive than the NRC’s regulations, and there is no corrective

action required for these comments at this time. However, Comments 9, 10, 12, 13, 14, 15, 18,

19, 20, 21, and 22 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 rule making process. 

As a result of the remainder of our review, we have 39 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. 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 SA-200

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

State Agreements, Office of Federal and State Materials and Environmental Management

Programs (FSME) (see letter FSME 06-94 dated October 6, 2006 for further information).

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

indicated. Please let us know if you note any inaccuracies, or have any comments on the
 Mr. William A. Passetti -2- April 23, 2007

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. 

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 Kathleen

Schneider State Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or Kim

Karcagi at 301-415-6701 (email:kxk2@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

Enclosures: 

As stated
Mr. William A. Passetti -2- April 23, 2007

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. 

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 Kathleen

Schneider State Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or Kim

Karcagi at 301-415-6701 (email:kxk2@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

Enclosures: 

As stated

Distribution:

DIR RF (7-28 & 7-29) Sunsi Review Complete

DCD (SP06) : Publicly Available G Non-Publicly Available

DJanda, RSAO : Non-Sensitive G Sensitive

KSchneider, ASPO MOrendi [FL] File ML of Incoming Document:ML070570098

DOCUMENT NAME: C:\FileNet\ML071100132.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 SAISB SAISB SAISB OGC SAIS:BC MSSA:DD

NAME KKarcagi MOrendi KSchneider FCameron DWhite SMoore

DATE 03/21/07* 03/21/07* 03/22/07* 04/19/07* 04/23/07* 04/23/07*

ML071100132 OFFICIAL RECORD COPY MLPKG.ML07100137 

 
COMPATIBILITY COMMENTS ON FLORIDA FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 64E-5.101(122) 34.3 1997-5 B Definitions

Florida’s definition of Radiographic exposure is

not essentially identical to the NRC’s definition. 

Florida omits the phrase “fastened or contained

therein, in which the sealed source or shielding

thereof may be moved, or otherwise changes

from a shielded position to an unshielded

position.”

Florida needs to add the above phrase to its

definition of Radiographic exposure to meet the

Compatibility Category B designation assigned

to 10 CFR 34.3 definition of Radiographic

exposure.

2 64E-5.101(133) 34.3 1997-5 A Definitions

Florida’s definition differs from NRC’s definition

for “sealed source.” Florida’s definition

includes “or matrix” after the word capsule. 

Florida needs to remove the words “or matrix”

from the definition for sealed source to meet

the Compatibility Category A designation

assigned to 10 CFR 34.3 Definition Sealed

source.

3 64E-5.101(154) 34.3 1997-5 B Definitions

Florida’s definition is more restrictive than

NRC’s definition for “temporary jobsite.” 

Florida’s definition specifies that the site

supports a “single job lasting for less than 2

years.” NRC’s definition does not quantify a

time frame.

Florida needs to remove the requirement for

less than 2 years to meet the Compatibility

Category B designation assigned to 10 CFR

34.3 Definition Temporary jobsite. 

4 64E-5.430 34.31 1997-5 C Inspection and maintenance of radiographic

exposure devices, transport and storage

containers, associated equipment, source

changers, and survey instruments

Florida omits the requirement for “written

procedures” as stated in 34.31(b).

Florida needs to add this requirement in order

to meet the Compatibility Category B

designation assigned to 10 CFR 34.31.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 64E-5.440(2)(b)

and (d)

34.79 1997-5 C Records of training and certification

Florida’s reference to the provision that

requires radiographer certification documents

is incorrect. The reference lists 64E5.434(2)(e)-(f). The correct reference should

be 64E-5.434(2)(d).

Florida needs to make change this reference in

order to meet the Compatibility Category C

designation assigned to 10 CFR 34.79.

6 64E-5.441 &

Section II

Subpart D

34.101 1997-5 C Notifications

NRC’s 10 CFR 34.101 states, “Any licensee

conducting radiographic operations or storing

radioactive material at any location not listed

on the license for a period in excess of 180

days in a calendar year, shall notify the

appropriate NRC regional office listed in Sec.

30.6(a)(2) of this chapter prior to exceeding the

180 days.” Florida’s regulations state in excess

of 365 days make their regulation less

restrictive.

Florida needs to change its Reciprocity rule to

match the NRC’s time limit of 180 days to meet

the Compatibility Category C designation

assigned to section 10 CFR 34.101.

7 64E-5.319 20.1703 1999-3 H&S Use of individual respiratory protection

equipment

In Florida regulation 64E05.319, Florida takes

the second half of the phrase “cubic meter of

air or less” from 64E-5.319(g)(2) and attaches

it to 64E-5.319(g)(1).

Florida needs to delete the phrase “cubic meter

of air or less” from 64 E5-319(g)(1) and add the

phrase to (g)(2) to meet the Compatibility

Category H&S designation assigned to 10 CFR

20.1703.

8 64E-5.11072 39.53 2000-1 C Energy compensation source

Florida lists 64E-5.1107 as its equivalent to 10

CFR 39.57, when it should list 64E-5.1105

instead.

Florida needs to have the equivalent reference

to 10 CFR 39.55 (64E-5.1105) and delete its

incorrect reference (64E-5.1107) to meet the

Compatibility Category C designation assigned

to section 10 CFR 39.53.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

9 64E-5.206(4)

(b)1 and (b)2

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

controlling devices and certain devices for

producing light or an ionized atmosphere

Florida omitted “or initially transferred” in 64E5.206(4) (b)1. 

Florida needs to add the phrase “or initially

transferred” to 64E-5.206(4)(b)(1) to meet the

Compatibility Category B designation assigned

to 10 CFR 31.5(b).

.

10 64E-5.206(4)

(c)(4)

31.5(c)(4) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

64E-5.206(4)(c)(4) only requires 1 year record

keeping for leak testing and 2 years for other

testing/servicing. 31.5(c)(4) requires 3 years

for all testing/servicing. 

Florida needs to have the equivalent record

keeping requirements in 64E-5.206(4)(c)(4) to

meet the Compatibility Category B designation

assigned to section 10 CFR 31.5(c)(4).

11 64E-5.206(4)

(c)(5)

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

controlling devices and certain devices for

producing light or an ionized atmosphere

64E-5.206(4)(c)(5) does not indicate the

amount of removable contamination (0.005

microcurie) as stated under 31.5(c)(5) (“...in the

case of detection of 0.005 microcurie or more

removable radioactive material or failure of ...”).

Having no value listed makes Florida’s

regulation more restrictive. 

Florida needs to add the amount of removable

contamination to 64E-5.206(4)(c)(5) to meet

the Compatibility Category B designation of 10

CFR 31.5(c)(5). 

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 on

compatibility changes for the GL rule.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

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

controlling devices and certain devices for

producing light or an ionized atmosphere

Florida regulations omit a section equivalent to

10 CFR 31.5(c)(7).

Although Florida does not have the authority to

authorize export of any radioactive materials as

per the Agreement between the state and the

NRC, Florida still needs to add this section to

the regulations to meet the Compatibility

Category B designation assigned to section

31.5(c)(7). 

13 64E-5.206(4)

(c)(7), (8), and

(10)

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

controlling devices and certain devices for

producing light or an ionized atmosphere

Florida omitted reference to 31.5(c)(7) in 64E5.206(4)(c)(7).

Florida needs to add the reference to 31.5(c)(7)

in 64E-5.206(4)(c)(7) to meet the Compatibility

Category B designation assigned to section

31.5(c)(8). 

14 64E-5.206(4)

(c)(7) and (8)

31.5(c)(9)(i) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

The content of Florida regulations cited under

64E-5.206(4)(c)(8), specifically 64E-5.328 and

64E-5.329 do not match the regulations cited

under 31.5(c)(9), specifically 20.2201 and

20.2202. 20.2201 and 20.2202, are equivalent

with Florida regulations 64E-5.343 and 5.344.

Florida needs to reference the correct

regulations to match the regulations cited

under 31.5(c)(9) to meet the Compatibility

Category B designation assigned to section

31.5(c)(9)(i).

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

controlling devices and certain devices for

producing light or an ionized atmosphere

Florida omitted this section. 

Florida needs to incorporate this section into its

regulations to meet the Compatibility Category

B designation assigned to section 31.5(c)(11).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

16 64E-5.206(4)

(c)(12)

31.5(c)(13) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

64E-5.206(4)(c)(12)(a) indicates that all

devices need to be registered, except tritium

exit signs. Under 31.5(c)(13)(i), only those

devices containing certain isotopes above a

certain threshold activity level need to be

registered. By not listing the specific isotopes

and their threshold activities Florida’s

regulation is more restrictive. 

Florida needs to add the isotopes and their

threshold activities indicated in 31.5(c)(13)(i) to

meet the Compatibility Category B designation

assigned to section 31.5(c)(13). 

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 on

compatibility changes for the GL rule.

17 64E-5.206(4)

(c)(13)

31.5(c)(14) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

64E-5.206(4)(c)(13), 2nd line, has “or” instead

of “of” between the words “location” and “use”. 

Using “or” changes the meaning of the

statement and makes Florida’s regulation more

restrictive. 

Florida needs to change “or” to “of” to meet the

Compatibility Category B designation assigned

to section 31.5(c)(14).

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 on

compatibility changes for the GL rule.

18 64E-5.206(4)

(c)(14)

31.5(c)(15) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

64E-5.206(4)(c)(14) does not include the

requirement for leak testing before transfer to

another person, and does not specify the

requirement for leak and shutter testing before

use. 

Florida needs to include these requirements in

64E-5.206(4)(c)(14) to meet the Compatibility

Category B designation assigned to section

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

19 64E-5.210(4)

(d)

32.51a(a) 2001-1 B Same: Conditions of licenses.

Statement under 64E-5.210(4)(d)(2) does not

contain equivalent regulation references for

20.2201 and 20.2202. 

Florida needs to remove the incorrect

references and include the correct references

to 20.2201 and 20.2202 which are 64E-5.343

and 5.344, to meet the Compatibility Category

B designation assigned to section 32.51a(a). 

20 64E-5.210(4)

(e)

32.51a(b) 2001-1 B Same: Conditions of licenses.

Statement under 64E-5.210(4)(e)(1) does not

contain equivalents for 20.2201 and 20.2202. 

Florida needs to add the references to 64E5.343 and 5.344, which are the equivalents to

20.2201 and 20.2202, to meet the Compatibility

Category B designation assigned to section

32.51a(b).

21 64E-5.210(4)

(i)

32.52(a) 2001-1 B Same: material transfer reports and records

Florida omits a section equivalent to 10 CFR

32.52(a)(5) from 64E-5.210(4)(i). 

Florida needs to add this section to 64E5.210(4)(i) to meet the Compatibility Category

B designation assigned to section 32.52(a).

22 64E-5.210(4)

(j)

32.52(b) 2001-1 B Same: material transfer reports and records

Where “Agreement State” is mentioned, “NRC”

needs to be mentioned as well for devices

transferred to states under NRC jurisdiction. 

Florida needs to add a reference to “NRC” in

64E-5.210(4)(j) to meet the Compatibility

Category B designation assigned to section

32.52(b).

23 N/A 71.0(c) 2004-1 [B] Purpose and scope

Florida omits this provision from its regulations.

Florida needs to add this section to its

regulations in order to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.0 (c). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

24 N/A 71.4 2004-1 [B] Definitions

Florida omits this definition from its regulations.

Florida needs to add the definition for

Certificate holder to its regulations in order to

meet the Compatibility Category [B]

designation assigned to 10 CFR 71.4 definition

of Certificate holder. 

25 N/A 71.4 2004-1 [B] Definitions

Florida omits this definition from its regulations.

Florida needs to add the definition for

Certificate of Compliance to its regulations in

order to meet the Compatibility Category [B]

designation assigned to 10 CFR 71.4 definition

of Certificate of Compliance. 

26 64E-5.101(79) 71.4 2004-1 [B] Definitions

Florida’s definition of LSA omits classifying

LSA material into one of three groups and is

not essentially identical to the definition of LSA

listed in 10 CFR 71.4.

Florida needs to either change its definition of

LSA to make it essentially identical to the

NRC’s definition of LSA or Florida needs to

remove this definition and adopt the definition

by reference to 49 CFR 173 in 64E5.1502

(2)(a) to meet the Compatibility Category [B]

designation to 10 CFR 71.4 definition of LSA.

27 64E-5.101(100) 71.4 2004-1 [B] Definitions

Florida’s definition of Package omits classifying

the different types of package and is not

essentially identical to the definition of package

listed in 10 CFR 71.4.

Florida needs to either change its definition of

Package to make it essentially identical to the

NRC’s definition of Package or Florida needs

to remove this definition and adopt the

definition by reference to 49 CFR 173 in 64E

5.1502(2)(a) to meet the Compatibility

Category [B] designation to 10 CFR 71.4

definition of Package.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

28 64E5.1502(2)(a)71.5 2004-1 [B] Transportation of Licensed Material

Florida does not reference the correct sections

of the 49 CFR. Specifically Florida omits

referencing 49 CFR 107, 174-176, and 178-

180.

Florida needs to reference the correct sections

of 49 CFR in 64E-5.1502(2)(a) to meet the

Compatibility Category [B] designation

assigned to section 10 CFR 71.5.

29 64E-5.1503 71.13 2004-1 [B] Exemption of physicians

Florida omits the provisions of this requirement

from its section 64E 5.1503 Exemptions.

Florida needs to add the requirements of this

section to 64E 5.1503 to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.13.

30 64E-5.1503 71.14(a) 2004-1 [B] Exemption of low-level materials

Florida omits the provisions of this requirement

from its section 64E 5.1503 Exemptions.

Florida needs to add the requirements of this

section to 64E 5.1503 to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.14.

31 64E-5.1504 71.17 2004-1 [B] General license NRC approved package

Florida omits the provisions of this requirement

from its section 64E 5.1504 General License

for Carriers.

Florida needs to add the requirements of this

section to 64E 5.1504 to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.17.

32 64E-5.1504 71.20 2004-1 [B] General license DOT Specification container

Florida omits the provisions of this requirement

from its section 64E 5.1504 General License

for Carriers.

Florida needs to add the requirements of this

section to 64E 5.1504 to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.20.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

33 64E-5.1504 71.21 2004-1 [B] General license use of foreign approved

packages

Florida omits the provisions of this requirement

from its section 64E 5.1504 General License

for Carriers.

Florida needs to add the requirements of this

section to 64E 5.1504 to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.21.

34 64E-5.1504 71.22 2004-1 [B] General license fissile material

Florida omits the provisions of this requirement

from its section 64E 5.1504 General License

for Carriers.

Florida needs to add the requirements of this

section to 64E 5.1504 to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.22.

35 64E-5.1504 71.23 2004-1 [B] General license plutonium beryllium special

form material

Florida omits the provisions of this requirement

from its section 64E 5.1504 General License

for Carriers.

Florida needs to add the requirements of this

section to 64E 5.1504 to meet the Compatibility

Category [B] designation assigned to 10 CFR

71.23.

36 N/A 71.83 2004-1 [B] Assumptions as to unknown properties

Florida omits this section from their regulations.

Florida needs to add a section equivalent to 10

CFR 71.83 to meet the Compatibility Category

[B] designation assigned to 10 CFR 71.83.

37 N/A 71.85 2004-1 [B] Preliminary determinations

Florida omits this section from its regulations.

Florida needs to add this section in order to

meet the Compatibility Category [B]

designation assigned to 10 CFR 71.85 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

38 64E-5.1505 71.87 2004-1 [B] Routine determinations

Florida omits “For fissile material any

moderator or neutron absorber, if required, is

present and in proper condition” and

“Accessible package surface temperatures will

not exceed the limits specified in (Florida

equivalent to) 71.43(g) at any time during

transportation”.

Florida needs to add the above statements to

64E-5.1505 to meet the Compatibility Category

[B] designation of 10 CFR 71.85.

39 64E-5.1510 71.88 2004-1 [B] Air transport of plutonium

Florida omits “For a shipment of plutonium by

air which is subject to paragraph (a)(4) of this

section, the licensee shall, through special

arrangement with the carrier, require

compliance with 49 CFR 175.704, U.S.

Department of Transportation regulations

applicable to the air transport of plutonium”

from its regulation.

Florida needs to add the above provision to

64E-5.1510 to meet the Compatibility Category

[B] designation assigned to 10 CFR 71.88.

40 64E-5.1506 71.97 2004-1 [B] Advance notification of shipment of

irradiated reactor fuel and nuclear waste

Florida’s provision 64E-5.1506 is not

essentially identical with 10 CFR 71.97

Advance notification of shipment of irradiated

reactor fuel and nuclear waste. For example

64E-5.1506(2)(c) lists the incorrect quantities

of licensed material in a single package,

Florida’s requirement of retaining records for 1

year is less restrictive than the NRC

requirement of 3 years, and Florida’s use of the

word “messenger” in 64E-5.1506(4) rather than

“by any other means than mail”.

Florida needs to change its regulation to make

it essentially identical to NRC’s regulation to

meet the Compatibility Category [B]

designation of 10 CFR 71.97.

41 N/A 71.101(a)(b)&(c)(1) 2004-1 C Quality assurance requirements

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category C designation assigned to 10 CFR

71.101(a)(b)&(c)(1).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

42 N/A 71.101(g) 2004-1 C Quality assurance requirements

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category C designation assigned to 10 CFR

71.101(g).

43 N/A 71.103(a) 2004-1 C Quality assurance organization

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category B designation assigned to 10 CFR

71.103(a).

44 N/A 71.103(b) 2004-1 C Quality assurance organization

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category C designation assigned to 10 CFR

71.103(b).

45 N/A 71.105(a)(c)&(d) 2004-1 C Quality assurance program

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category C designation assigned to 10 CFR

71.105(a)(c)&(d).

46 N/A 71.105(b) 2004-1 [C] Quality assurance program

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category [C] designation assigned to 10 CFR

71.105(b).

47 N/A 71.127 2004-1 [C] Handling storage and shipping control

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category [C] designation assigned to 10 CFR

71.127.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

48 N/A 71.129 2004-1 [C] Inspection tests and operating status

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category [C] designation assigned to 10 CFR

71.129.

49 N/A 71.131 2004-1 [C] Nonconforming materials parts or

components

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category [C] designation assigned to 10 CFR

71.131.

50 N/A 71.133 2004-1 C Corrective action

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category C designation assigned to 10 CFR

71.133.

51 N/A 71.135 2004-1 C Quality assurance records

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category C designation assigned to 10 CFR

71.135.

52 N/A 71.137 2004-1 C Audits

Florida omits the essential elements of this

provision from its regulations.

Florida needs to add the essential elements of

this provision in order to meet the Compatibility

Category C designation assigned to 10 CFR

71.137.
STATE SECTION

NRC SECTION

RATS ID

CATEGORY

SUBJECT and COMMENTS 53 Appendix A to Part 71 Appendix A to Part 71 2004-1 [B] Appendix A to Part 71 Florida’s incorporation of Appendix A to Part 71 has not been revised to include the changes made to Appendix A in 2004. Florida needs to revise their version of Appendix A to Part 71 in its regulations to meet the Compatibility Category [B] designation assigned to 10 CFR 71 Appendix A

STATE REGULATION STATUS

State: Florida[10 Amendments reviewed identified by a i at Tracking Ticket Number: 7

the beginning of each equivalent NRC requirement.] Date: APRIL 23 , 2007

NRC Chronology Identification FR Notice

(Date due for State)

RATS ID Proposed (P)

/ Final (F) RuleLicenseCondition (LC) ML #5

NRC  Y, N

Safety Requirements for Radiographic EquipmentPart 34 55 FR 843; (1/10/94) 1991-1 F N 1ASNT 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 F6

ML010250079

N 2ML0

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F N 1Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F N 1

Eliminating the Recordkeeping Requirements for Departures 57 FR 45566; (none) 1992-2 
NRC Chronology Identification FR Notice

(Date due for State)

RATS ID Proposed (P)

/ Final (F) RuleLicenseCondition (LC) ML #5

NRC  Y, N

from Manufacturer's Instructions-Parts 30,35Decommissioning Recordkeeping and License Termination:Documentation Additions [Restricted areas and spill sites]-Parts 30, 40 

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

Licensing and Radiation Safety Requirements for IrradiatorsPart 36 58 FR 7715; (7/1/96) 1993-2 F N 1Definition of Land Disposal and Waste Site QA Program-Part61

58 FR 33886; (7/22/96) 1993-3 

Self-Guarantee as an Additional Financial Mechanism- Parts30, 40, 70 

58 FR 68726; 59 FR 1618;(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRCRequirements 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 F N 1

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

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

1995-1 F

ML020460297

N 4ML0

Frequency of Medical Examinations for Use of RespiratoryProtection Equipment-Part 20 

60 FR 7900; (3/13/98) 1995-2 F N 1

Low-Level Waste Shipment Manifest Information andReporting-Parts 20, 61

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

1995-3 F N 1

Performance Requirements for Radiography Equipment- Part34

60 FR 28323; (6/30/98) 1995-4 F N 1

Radiation Protection Requirements: Amended Definitions andCriteria-Parts 19, 20 

60 FR 36038; (8/14/98) 1995-5 F N 1

Clarification of Decommissioning Funding Requirements-Parts30, 40, 70

60 FR 38235; (11/24/98) 1995-6 F N 1

Medical Administration of Radiation and RadioactiveMaterials-Parts 20, 35

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

ML010250079

N 2ML0

10 CFR Part 71: Compatibility with the International AtomicEnergy Agency-Part 71

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

1996-1 F

ML010250079

N 2ML0

One Time Extension of Certain Byproduct, Source and 61 FR 1109; (none) 1996-2 
NRC Chronology Identification FR Notice

(Date due for State)

RATS ID Proposed (P)

/ Final (F) RuleLicenseCondition (LC) ML #5

NRC  Y, N

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

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

ML010250079

N 2ML0

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

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

ML010250079

N 2ML0

Recognition of Agreement State Licenses in Areas UnderExclusive Federal Jurisdiction Within an Agreement State-Part150

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

ML010250079

N 2ML0

Criteria for the Release of Individuals AdministeredRadioactive Material-Parts 20, 35

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

ML010250079

N 2ML0

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 iLicenses for Industrial Radiography and Radiation SafetyRequirements for Industrial Radiography Operations-Parts 30,34, 71, 150

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

ML070510098

Y 4ML0

Radiological Criteria for License Termination-Parts 20, 30, 40,70

62 FR 39057; (8/20/00) 1997-6 P

ML020460297 

N 4ML0

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

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

ML010250079

N 2ML0

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

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

1998-1 F

ML010250079

N 2ML0

Self-Guarantee of Decommissioning Funding by Nonprofit andNon-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 SafetyRequirements for Industrial Radiographic Operations-Part34

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

ML020460297

N 4ML0

Minor Corrections, Clarifying Changes, and a Minor PolicyChange-Parts 20, 35, 36

63 FR 39477; 63 FR 45393;(10/26/01)

1998-5 F

ML010250079

N 2ML0

iTransfer for Disposal and Manifests: Minor TechnicalConforming Amendment-Part 20

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

ML070510098

N 4ML0

Radiological Criteria for License Termination of Uranium 64 FR 17506; (6/11/02) 1999-1 
NRC Chronology Identification FR Notice

(Date due for State)

RATS ID Proposed (P)

/ Final (F) RuleLicenseCondition (LC) ML #5

NRC  Y, N

Recovery Facilities-Part 40 Requirements for Those Who Possess Certain IndustrialDevices Containing Byproduct Material to Provide RequestedInformation-Part 31

64 FR 42269; (none) 1999-2 

iRespiratory Protection and Controls to Restrict InternalExposure - Part 20

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

1999-3 F

ML070510098

Y 4ML0

iEnergy Compensation Sources for Well Logging and OtherRegulatory Clarifications - Part 39

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

ML070510098

Y 4ML0

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

ML070510098

N 4ML0

iRequirements for Certain Generally Licensed IndustrialDevices Containing Byproduct Material - Parts 30, 31, 32

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

ML070510098

Y 4ML0

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

ML070510098

N 4ML0

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; 10/24/05 2002-2iFinancial Assurance for Materials Licensees – Parts 30, 40,70 

68 FR 57327 12/3/06 2003-1 F

ML070510098

N 4ML0

iCompatibility with IAEA Transportation Safety Standardsand Other Transportation Safety Amendments - Part 71

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

ML070510098

Y 4ML0

iSecurity Requirements for Portable Gauges ContainingByproduct Material - Part 30

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

ML070510098

N 4ML0

Medical Use of Byproduct Material - Recognition of SpecialtyBoards - 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

ML052700048

N 9/ML0

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

(Date due for State)

RATS ID Proposed (P)

/ Final (F) RuleLicenseCondition (LC) ML #5

NRC  Y, N

1. Or other generic Legally Binding Requirements.2. (Y/N) 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 number.6. Proposed modifications were made to be compatible with Part 20 as requested in NRC letter dated 11/24/97.7. 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.

National Source Tracking System - SerializationRequirements - Part 32 with reference to Part 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