0 Protecting, maintaining and improving the beak/9 ofoll Minnesotans June 4, 2009 Mark R. Shaffer, Director Division of hitergovernmental Liaison And Environmental Management Programs US. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, Maryland 20852 Dear Mr. Shaffer: On behalf of the Minnesota Department of Health (MDH), I wish to provide support for the proposed rules to expand the National Source Tracking System (NSTS) to include Category 3 sources. Although licensees indicate that the NSTS continues to pose problems, MDH believes that the delayed implementation will afford ample opportunity to correct those issues. In addition, the decision to not include sources that are 1/1 0th of Category 3 reduced to number of licensees that will be impacted and eliminated the concept of aggregation, which has proven to be a contentious and confusing concept. By omitting Category 3 sources, the NSTS did not encompass all the sources that considered as "dangerous" by the International Atomic Energy Agency (IAEA). The expansion will establish regulatory control that is consistent with that determination. MDH considers the expansion of the NSTS as one of the essential steps in a restructuring the regulations for radioactive sources. Rules to address the disparity in generally licensed (GL) sources is long overdue as are the rules pertaining to Increased Controls. Both rulernaking efforts should be promulgated such that an Agreement State can include them with the NSTS expansion in a single mlemaking effort. If you have any questions concerning this matter, please contact me at (651) 2014530. cerely, or F. Jr., Supervisor terials Unit Minnesota Department of Health PO Box 64975 St. Paul, Minnesota 55164?0975 3? .81 8 is General Information: 65142016600 Toll?free: 888~345~0823 TTY: 651?201?5797 An aqua! opportunigz employer