November 8, 2010 

William A. Passetti, Chief 

Bureau of Radiation Health Control 

Department of Health 

4052 Bald Cypress Way, Bin C21 

Tallahassee, FL 32399-1741 

Dear Mr. Passetti: 

We have reviewed the final revision to the Florida Control of Radiation Hazard Regulations, 

Chapter 64E-5, received by our office on September 9, 2010. These regulations were reviewed 

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

20, 30, 32, 34, 35, 40, 70, 71 and 150 and the requirements of the six amendments identified in 

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

regulations with Michael Stephens on November 5, 2010. 

As a result of our review, we have 38 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 Aas 

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

AReview 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, FSME. 

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 

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is 

posted on the FSME website: http://nrc-stp.ornl.gov/rulemaking.html. 

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, State Regulation Review Coordinator, at (301) 415-2320 

(kathleen.schneider@nrc.gov) or Merri Horn at (301) 415-8126 (merri.horn@nrc.gov). 

Sincerely, 

/RA/ 

Terrence Reis, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 
[Concurrence Page] 

Enclosures: As stated 

Distribution: 

DIR RF (10-44) SUNSI Review Complete 

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

DJanda, RSAO : Non-Sensitive G Sensitive 

MBeardsley, POC 

FL File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\Florida\10-44 

Incoming Document: ML102500220 

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 DILR ASPB OGC ASPB:BC MSSA:DD 

NAME MHorn KSchneider BJones DWhite / KNS TReis 

DATE 10/19/10 10/19/10 11/05/10 11/08/10 11/08/10 

ML 102790138 OFFICIAL RECORD COPY Package ML102780120 
 COMPATIBILITY COMMENTS ON FLORIDA FINAL REGULATIONS 

STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

1 64E-5.6011(2) 35.2 2002-2 

2006-1 

B Definitions: Authorized user

Florida’s definition of authorized user 

only refers to a physician. The NRC 

definition includes dentist and 

podiatrist. Florida needs to include 

dentist and podiatrist in its definition 

of authorized user. 

There are also two incorrect 

references. The equivalent to 

35.190(a) should be 64E-5.649(1) 

and not 64E-5.549(1) and the 

equivalent of 35.290(a) should be 

64E-5.650(1) and not 64E-5.550(1). 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to the 10 CFR 35.2 

definition Authorized user. 

2 64E-5.605(1), 

64E-5.607(1) 

35.24(b) & (g) 2002-2 H&S Authority and responsibilities for 

the radiation protection program 

Florida regulations in 64E-5.607(1) do 

not provide for Radiation Safety 

Officer’s authority to “Stop unsafe 

operations” as provided in 10 CFR 

35.24(g)(3). 

Florida needs to make the above 

change in order to meet Compatibility 

Category H&S designation assigned 

to the 10 CFR 35.24(g)(3). 

3 64E-4.648(4) 35.50(d) 2005-2 B Training for Radiation Safety 

Officer 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor Radiation Safety Officer 

who meets the requirements specified 

in 10 CFR 35.50(d). This option 

needs to be deleted. 

Florida needs to replace the language 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

“has demonstrated the ability to 

function independently as a RSO to 

fulfill the radiation safety related 

duties for a medical use license.” with 

“has achieved a level of radiation 

safety knowledge sufficient to function 

independently as a Radiation Safety 

Officer for a medical use licensee”. 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.50(d). 

4 64E-5.656(2)(b) 35.51(b)(2) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for an authorized medical 

physicist 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized medical 

physicist who meets the requirements 

specified in 10 CFR 35.51(b). This 

option needs to be deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized medical physicist to fulfill 

the radiation safety related duties for 

each type” with “has achieved a level 

of competency sufficient to function 

independently as an authorized 

medical physicist for each type”. 

Florida regulations, while allowing 

equivalent agreement state 

requirements do not provide for 

equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.51(b)(2). 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

5 64E-5.659(2)(b) 35.55 2002-2 

2005-2 

B Training for an authorized nuclear 

pharmacist 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized nuclear 

pharmacist who meets the 

requirements specified in 10 CFR 

35.55(b). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized nuclear pharmacist to fulfill 

the radiation safety related duties for 

a medical use license” with “has 

achieved a level of competency 

sufficient to function independently as 

an authorized nuclear pharmacist”. 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.55(b)(2). 

6 64E-5.626(1)(d) 35.100(b) 2002-2 

2005-2 

2006-1 

H&S Use of unsealed byproduct 

material for uptake, dilution, and 

excretion studies for which a 

written directive is not required 

Florida’s 64E-5.626(1)(d)3 references 

incorrect sections as to who is 

authorized do the supervision. This 

section should parallel the equivalent 

references in 10 CFR 35.100(b)(3). 

Florida needs to make the above 

change in order to meet Compatibility 

Category H&S designation assigned 

to 10 CFR 35.100(b)(3). 

7 64E-5.649(2) 35.190(b) 2002-2 

2006-1 

B Training for uptake, dilution and 

excretion studies 

Florida regulation, 64E-5.649(2) while 

allowing equivalent agreement state 

requirements does not provide for 

equivalent NRC requirements. 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.190(b). 

8 64E-5.649(3)(a) 35.190(c)(1) 2002-2 

2006-1 

2009-1 

B Training for uptake, dilution and 

excretion studies 

Florida’s 64E-5.649(3)(a)(1) omitted 

35.190(c)(1)(i)(E) which includes 

Radiation Biology as one of the areas 

of training. 

Florida regulation, 64E-5.649(3)(a)(2) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.190(c)(1). 

9 64E-5.649(3)(b) 35.190(c)(2) 2002-2 

2006-1 

2009-1 

B Training for uptake, dilution and 

excretion studies 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.190(c)(2). This option needs to be 

deleted. 

Florida needs to replace the language 

“has demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for medical uses” 

with “has achieved a level of 

competency sufficient to function 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

independently as an authorized user 

for the medical uses”. 

Florida regulation, 64E-5.649(3)(b) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.190(c)(2). 

10 64E-5.627(1)(d) 35.200(b) 2002-2 

2005-2 

2006-1 

H&S Use of unsealed byproduct 

material for imaging and 

localization for which a written 

directive is not required 

Florida’s 64E-5.627(1)(d)(3) 

references incorrect sections as to 

who is authorized do the supervision. 

This section should parallel the 

equivalent references in 10 CFR 

35.200(b)(3). 

Florida needs to make the above 

change in order to meet Compatibility 

Category H&S designation assigned 

to 10 CFR 35.200(b)(3). 

11 64E-5.650(2) 35.290(b) 2002-2 

2005-2 

2006-1 

B Training for imaging and 

localization studies 

Florida regulation, 64E-5.650(2) while 

allowing equivalent agreement state 

requirements does not provide for 

equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

64E-5.650(2) need to delete the 

reference to paragraph 64E5.650(3)(a). 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

assigned to 10 CFR 35.290(b). 

12 64E-5.650(3)(a) 35.290(c)(1) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for imaging and 

localization studies 

64E-5.650(3)(a)2 reverses the order 

of the and/or references “or subsubparagraph 64E-5.650(3)(a)2.g., 

and Rule 64E-5.660,” should be “or 

Rule 64E-5.660 and subsubparagraph 64E-5.650(3)(a)2.g.,” 

Florida regulation, 64E-5.650(3)(a)2 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.290(c)(1). 

13 64E-5.650(3)(b) 35.290(c)(2) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for imaging and 

localization studies 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.290(c)(2). This option needs to be 

deleted. 

Florida needs to replace the language 

“has demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 

an authorized user for ...” 

Florida regulation, 64E-5.650(3)(b) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

The references 64E-5.650(3)(a) is 

listed twice, remove the second “or 

64E-5.650(3)(a)...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.290(c)(2). 

14 64E-5.626(2)(d) 

64E-5.627(2)(d) 

64E-5.627(3)(d) 

64E-5.630(1)(d) 

64E-5.630(2)(d) 

64E-5.630(3)(d) 

64E-5.630(4)(d) 

35.300(b) 2002-2 

2006-1 

B Use of unsealed byproduct 

material for which a written 

directive is required 

As written 64E-5.626(2)(d)2. and 

64E-5.627(2)(d)2 only apply to uses 

of NaI-131 >30 microcuries and do 

not include other radioactive 

materials. The phrase “for sodium 

iodide I-131 in quantities greater than 

30 microcuries (1.11 MBq)” should be 

deleted. 

Florida’s 64E-5.627(1)(d)(3) 

references incorrect sections as to 

who is authorized do the supervision. 

This section should parallel the 

equivalent references in 10 CFR 

35.300(b)(3). The same incorrect 

references are in 64E-5.627(2)(d)3, 

64E-5.627(3)(d)3., 64E-5.630(1)(d)3., 

64E-5.630(2)(d)3., 64E-5.630(3)(d)3., 

and 64E-5.630(4)(d)3.. 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.300(b). 

15 64E-5.660(2)(a) 35.390(b)(1) 2002-2 

2005-1 

2006-1 

2009-1 

B Training for use of unsealed byproduct material for which a 

written directive is required 

Florida regulation, 64E-5.660(2)(a)2 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.390(b)(1). 

16 64E-5.660(2)(b) 35.390(b)(2) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for use of unsealed byproduct material for which a 

written directive is required 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.390(b)(2). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 

an authorized user for ...” 

Florida regulation, 64E-5.660(2)(b) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.390(b)(2). 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

17 64E-5.661(2) 35.392(b) 2002-2 

2006-1 

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities less 

than or equal to 1.22 

Gigabecquerels (33 millicuries) 

Florida regulation, 64E-5.661(2) while 

allowing equivalent agreement state 

requirements does not provide for 

equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.392(b). 

18 64E-5.661(3)(a) 

– (b) 

35.392(c)(1) – (2) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities less 

than or equal to 1.22 

Gigabecquerels (33 millicuries) 

Florida regulation, 64E-5.661(3)(b) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.392(c)(2). 

19 64E-5.661(3)(c) 35.392(c)(3) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities less 

than or equal to 1.22 

Gigabecquerels (33 millicuries) 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

the requirements specified in 10 CFR 

35.392(c)(3). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 

an authorized user for ...” 

Florida regulation, 64E-5.661(3)(c) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.392(c)(3). 

20 64E-5.662(2) 35.394(b) 2002-2 

2006-1 

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities 

greater than 1.22 Gigabecquerels 

(33 millicuries) 

Florida regulation, 64E-5.662(2) while 

allowing equivalent agreement state 

requirements does not provide for 

equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.394(b). 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

21 64E-5.662(3)(b) 35.394(c)(2) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities 

greater than 1.22 Gigabecquerels 

(33 millicuries) 

Florida regulation, 64E-5.662(3)(b) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.394(c)(2). 

22 64E-5.662(3)(c) 35.394(c)(3) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for the oral administration 

of sodium iodide I-131 requiring a 

written directive in quantities 

greater than 1.22 Gigabecquerels 

(33 millicuries) 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.394(c)(3). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 

an authorized user for ...” 

Florida regulation, 64E-5.662(3)(c) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.394(c)(3). 

23 64E-5.663(2) 35.396(b) 2005-2 

2006-1 

B Training for the parenteral 

administration of unsealed 

byproduct material requiring a 

written directive 

Florida regulation, 64E-5.663(2) while 

allowing equivalent agreement state 

requirements does not provide for 

equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.396(b). 

24 64E-5.663(4)(b) 35.396(d)(2) 2005-2 

2006-1 

2009-1 

B Training for the parenteral 

administration of unsealed 

byproduct material requiring a 

written directive 

Florida regulation, 64E-5.663(4)(b) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.396(d)(2). 

25 64E-5.663(4)(c) 35.396(d)(3) 2005-2 

2006-1 

2009-1 

B Training for the parenteral 

administration of unsealed 

byproduct material requiring a 

written directive 

Florida’s regulation allows the option 

for the written attestation to be signed 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.396(d)(3). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 

an authorized user for ...” 

Florida regulation, 64E-5.663(4)(c) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.396(d)(3). 

26 64E-5.633(1) 35.406(a) & (b) 2002-2 H&S Brachytherapy sources 

accountability 

Florida’s 64E-5.633(1) as written, 

does not address the essential 

objective of returning the 

brachytherapy sources to a secure 

storage area as soon as possible 

after removing sources from the 

patient or human research subject in 

10 CFR 35.406(b). 

Florida needs to make the above 

change in order to meet Compatibility 

Category H&S designation assigned 

to 35.406(b). 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

27 64E5.652(2)(a)2 35.490(b)(1)(ii) 2002-2 

2006-1 

2009-1 

B Training for use of manual 

brachytherapy sources 

Florida regulation, 64E-5.652(2)(a)2 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.490(b)(1)(ii). 

28 64E-5.652(2)(c) 35.490(b)(3) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for use of manual 

brachytherapy sources 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.490(b)(3). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 

an authorized user for ...” 

Florida regulation, 64E-5.652(2)(c) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

assigned to 35.490(b)(3). 

29 64E-5.653(1) 35.491(a) 2002-2 

2006-1 

B Training for ophthalmic use of 

strontium-90 

Florida regulation, 64E-5.653(1) while 

allowing equivalent agreement state 

requirements does not provide for 

equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.491(a). 

30 64E5.653(2)(a)1. 35.491(b)(1)(i) 2002-2 B Training for ophthalmic use of 

strontium-90 

In 64E-5.653(2)(a)1 replace 

“Radiation Protection and 

instrumentation” with “Radiation 

physics and Instrumentation”. 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

35.491(b)(1)(i). 

31 64E-5.653(2)(c) 35.491(b)(3) 2002-2 

2005-2 

2006-1 

2009-1 

B Training for ophthalmic use of 

strontium-90 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.491(b)(3). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

an authorized user for ...” 

Florida regulation, 64E-5.653(2)(c) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.491(b)(3). 

32 64E-5.654 35.590 2002-2 B Training for use of sealed sources 

for diagnosis 

Florida’s 64E-5.654 does not address 

“physician, dentist or podiatrist” as 

“authorized users”. 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.590. 

33 64E-5.6412(2) 35.635(b) 2002-2 H&S Full calibration measurements on 

gamma stereotactic radiosurgery 

units 

In 64E-5.6412(2), replace “On-off 

timers” with “On-off errors”. 

Florida needs to make the above 

change in order to meet Compatibility 

Category H&S designation assigned 

to 35.635(b)(5). 

34 64E-5.643(1)(a) 

64E-5.643(1)(b) 

64E-5.644(1) 

35.652(a) 2002-2 H&S Radiation surveys 

64E-5.643(1) should be revised to 

include surveys after repair as 

required by 10 CFR 35.652(b). 

Florida needs to make the above 

change in order to meet Compatibility 

Category H&S designation assigned 

to 10 CFR 35.652(a). 

35 64E5.655(2)(a)2 35.690(b)(1)(ii) 2002-2 

2006-1 

2009-1 

B Training for use of remote 

afterloader units, teletherapy units, 

and gamma stereotactic 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

radiosurgery units 

Florida has omitted the equivalent 

requirements to 10 CFR 

35.690(b)(1)(ii). 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.690(b)(1)(ii). 

36 64E-5.655(2)(b) 35.690(b)(2) 2002-2 

2006-1 

2009-1 

B Training for use of remote 

afterloader units, teletherapy units, 

and gamma stereotactic 

radiosurgery units 

Florida regulation, 64E-5.655(2)(b) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

10 CFR 35.690(b)(2). 

37 64E-5.655(2)(c) 35.690(b)(3) 2002-2 B Training for use of remote 

afterloader units, teletherapy units, 

and gamma stereotactic 

radiosurgery units 

Florida’s regulation allows the option 

for the written attestation to be signed 

by a residency program director who 

represents a consensus of residency 

program faculties in addition to the 

written attestation signed by a 

preceptor authorized user who meets 

the requirements specified in 10 CFR 

35.690(b)(3). This option needs to be 

deleted. 

Florida needs to replace the language 

“have demonstrated the ability to 

function independently as an 

authorized user to fulfill the radiation 

safety related duties for....” with “has 

achieved a level of competency 

sufficient to function independently as 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

an authorized user for ...” 

Florida regulation, 64E-5.655(2)(c) 

while allowing equivalent agreement 

state requirements does not provide 

for equivalent NRC requirements. 

Florida needs to insert “Nuclear 

Regulatory Commission” before “or 

equivalent agreement state 

requirements...” 

Florida needs to make the above 

changes in order to meet 

Compatibility Category B designation 

assigned to 10 CFR 35.690(b)(3). 

38 64E5.101(85)(a)12. 

64E5.101(85)(b)2.g 

64E-5.345(b) 

35.3045(b) 2002-2 C Report and notification of a 

medical event 

Florida’s definition for a medical event 

requires a dose criteria to be met for 

non-written directives procedures 

which is less restrictive than 

requirements in 35.3045(b). 

Florida needs to make the above 

change in order to meet Compatibility 

Category C designation assigned to 

10CFR 35.3045(b). 
STATE REGULATION STATUS

State: Florida 

 Tra

[6 amendment(s) reviewed is identified by a i Dat

at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Final No Comments 

11/08/2000 

Florida equiva

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required Florida 

equiva

1991-3 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; 

01/01/1994 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 Final No Comments 

11/08/2000 

1992-1 Quality Management Program and Misadministrations 

Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 Final No Comments 

11/08/2000 

Florida Regula2002-2

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required These 

requireCompa

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final No Comments 

11/08/2000 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final No Comments 

11/08/2000 

1993-3 Definition of Land Disposal and Waste Site QA Program 

Part 61 58 FR 33886 

07/22/1996 Not Applicablei Not Applicable Florida 

subjecSECY

1994-1 Self-Guarantee as an Additional Financial Mechanism 

Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Not Required Not Required These 

requireCompa

1994-2 Uranium Mill Tailings Regulations: Conforming NRC 

Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable Florida 

its agr

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final No Comments 

11/08/2000 

1995-1 Preparation, Transfer for Commercial Distribution, and 

Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 Final 

ML020460297 

No Comments 04/24/2002 ML021150491 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900

03/13/1998 Final No Comments 

11/08/2000 

1995-3 Low-Level Waste Shipment Manifest Information and 

Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Final No Comments 

11/08/2000 

1995-4 Performance Requirements for Radiography Equipment 

Part 34 60 FR 28323 

06/30/1998 Final No Comments 

11/08/2000 

Florida equiva
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

(Superceded by 1997-5) 

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final No Comments 

11/08/2000 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final No Comments 

11/08/2000 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

Florida Regula2002-2 

1996-1 Compatibility with the International Atomic Energy Agency

Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

04/01/1999 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

Florida equiva

1996-2 One Time Extension of Certain Byproduct, Source and 

Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These 

requireCompa

1996-3 Termination or Transfer of Licensed Activities: Record 

keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

1997-1 Resolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

1997-2 Recognition of Agreement State Licenses in Areas Under 

Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 

02/27/2000 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Not Required Not Required Florida 

equivaSTP-9

*1997-5 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 Final 

ML102500220 

No Comments 11/08/2010 ML102780120 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final 

ML020460297 

No Comments 04/24/2002 ML021150491 

1997-7 Exempt Distribution of a Radioactive Drug Containing 

One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit 

and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These 

requireCompa

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These 

requireCompa
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

1998-4 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Final 

ML020460297 

No Comments 04/24/2002 ML021150491 

1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy 

Change Parts 20, 35, 36 63 FR 39477; 63 FR 45393 

10/26/2001 Final 

ML010250079 

No Comments 02/08/2001 ML010430124 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML070510098 

No Comments 04/23/2007 ML071100132 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable Florida 

regulaAgree

1999-2 Requirements for Those Who Possess Certain Industrial 

Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These 

be adoCompa

1999-3 Respiratory Protection and Controls to Restrict Internal 

Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML080780044 

No Comments 04/09/2008 ML080990829 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML080780044 

No Comments 04/09/2008 ML080990829 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML070510098 

No Comments 04/23/2007 ML071100132 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

2001-1 Requirements for Certain Generally Licensed Industrial 

Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 Final 

ML080780044 

Comments 04/09/2008 ML080990829 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML070510098 

No Comments 04/23/2007 ML071100132 

*2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML102500220 

Comments 11/08/2010 ML102780120 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML070510098 

No Comments 04/23/2007 ML071100132 

2004-1 Compatibility With IAEA Transportation Safety Standards 

and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML080780044 

No Comments 04/09/2008 ML080990829 

2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 Final 

ML070510098 

No Comments 04/23/2007 ML071100132 

*2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML102500220 

Comments 11/08/2010 ML102780120 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition 

ML052700048 

No Comments 09/28/2005 ML052720029 

*2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 Final 

ML102500220 

Comments 11/08/2010 ML102780120
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 Final 

ML080780044 

No Comments 04/09/2008 ML080990829 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 Final 

ML080780044 

No Comments 04/09/2008 ML080990829 

*2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Final 

ML102500220 

No Comments 11/08/2010 ML102780120 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 

2007-4 Order Imposing Fingerprinting Requirements and Criminal 

History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License Condition 

ML080420366 

No Comments 02/28/2008 ML080590007 

2008-1 Occupational Dose Records, Labeling Containers, and 

Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

01/03/2011 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

*2009-1 Medical Use of Byproduct Material – Authorized User 

Clarification Part 35 74 FR 33901 

09/28/2012 Final 

ML102500220 

Comments 11/08/2010 ML102780120 

i IMPEP Team: verify that Florida does not have any licensees subject to these regulations during each review.