Hazardous Materials: Compatibility With the Regulations of the International Atomic Energy Agency, 55743-55768 [2022-18605]
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Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Proposed Rules
rulemaking does not involve technical
standards; and
• This action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994). The
basis for this determination is contained
in Section VI of this action,
‘‘Environmental Justice Concerns.’’
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry for
‘‘10–6.220’’ to read as follows:
■
Dated: September 6, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
§ 52.1320
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For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
Identification of plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.220 ................................. Restriction of Emission of
Visible Air Contaminants.
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3/30/2019
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[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
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Notice of proposed rulemaking
(NPRM).
ACTION:
[FR Doc. 2022–19622 Filed 9–9–22; 8:45 am]
BILLING CODE 6560–50–P
PHMSA, in coordination with
the Nuclear Regulatory Commission,
proposes to amend the Hazardous
Materials Regulations to maintain
alignment with international regulations
and standards governing the
transportation of Class 7 radioactive
materials. Specifically, PHMSA
proposes to adopt changes contained in
the International Atomic Energy Agency
standards. Additionally, PHMSA
proposes regulatory amendments
identified through internal regulatory
review processes to update, clarify,
correct, or streamline certain regulatory
requirements applicable to the
transportation of Class 7 (radioactive)
materials.
SUMMARY:
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 174, 175,
176, and 177
[Docket No. PHMSA–2018–0081 (HM–250A)]
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RIN 2137–AF42
Hazardous Materials: Compatibility
With the Regulations of the
International Atomic Energy Agency
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
AGENCY:
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Comments must be received by
December 12, 2022. To the extent
possible, PHMSA will consider late-
DATES:
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*
*
*
Subsection (1)(I) referring to
the open burning rule, 10
CSR 10–6.045, is not SIP
approved.
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filed comments as a final rule is
developed.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System.
• U.S. Department of Transportation,
Docket Operations, M–30, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: Include the agency name
and docket number PHMSA–2018–0081
(HM–250A) or RIN 2137–AF42 for this
rulemaking at the beginning of your
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comment. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided. If
sent by mail, comments must be
submitted in duplicate. Persons wishing
to receive confirmation of receipt of
their comments must include a selfaddressed stamped postcard.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or the DOT Docket
Operations Office (see ADDRESSES).
Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA;
5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive
to this NPRM contain commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN’’ for ‘‘proprietary
information.’’ Submissions containing
CBI should be sent to Alexander
Wolcott, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. Any commentary that PHMSA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
Alexander Wolcott, Standards and
Rulemaking Division, (202) 366–8553,
or Rick Boyle, Engineering and Research
Division, (202) 366–2993, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion
Under 1 CFR Part 51
IV. Overview of Proposed Amendments
A. Amendments To Harmonize With the
2012 SSR–6 and 2018 SSR–6, Rev. 1
B. Other Proposed Amendments
C. Amendments Not Being Considered for
Proposal
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
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E. Regulatory Flexibility Act and Executive
Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Environmental Assessment
I. Privacy Act
J. Executive Order 13609 and International
Trade Analysis
K. Executive Order 12898 and
Environmental Justice
L. National Technology Transfer and
Advancement Act
I. Executive Summary
PHMSA, in coordination with the
Nuclear Regulatory Commission (NRC),
proposes to amend certain provisions of
the Hazardous Materials Regulations
(HMR; 49 CFR parts 171 to 180) to
maintain alignment with International
Atomic Energy Agency (IAEA)
regulations and standards. Additionally,
PHMSA proposes regulatory
amendments identified through internal
regulatory review processes to update,
clarify, correct, or streamline certain
regulatory requirements applicable to
the transportation of Class 7 radioactive
materials.
PHMSA expects adoption of the
regulatory amendments proposed in this
NPRM will maintain the high safety
standard currently achieved under the
HMR. PHMSA also notes that—insofar
as harmonization of the HMR with
international consensus standards as
proposed could reduce delays and
interruptions of hazardous materials
shipments during transportation—the
proposed amendments may also lower
greenhouse gas (GHG) emissions and
safety risks to minority, low-income,
underserved, and other disadvantaged
populations, and communities in the
vicinity of interim storage sites and
transportation arteries and hubs.
The following list summarizes the
more noteworthy proposals set forth in
this NPRM:
• Incorporation by Reference:
PHMSA proposes to incorporate by
reference IAEA’s 2018 Edition of
Regulations for the Safe Transport of
Radioactive Material, Safety Standards
Series No. SSR–6 (Rev.1); American
National Standard Institute’s (ANSI)
N14.1 Uranium Hexafluoride—
Packaging for Transport, 2012 Edition;
and ANSI’s N14.1 Uranium
Hexafluoride—Packaging for Transport,
2019 Edition.
• Scope and Applicability of Subpart
I (Radioactive Materials Packaging
Requirements): PHMSA proposes to
except certain shipments from the
requirements of subpart I of the HMR by
amending § 173.401. First, PHMSA
proposes to amend § 173.401(b)(4) to
specify that § 173.401 does not apply to
all natural material and ores containing
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naturally-occurring radionuclides
regardless of the intended use, provided
the activity concentration of the
material does not exceed 10 times the
exempt material activity concentration
values specified in § 173.436, or as
determined in accordance with the
requirements of § 173.433. Currently,
only natural materials and ores
processed for purposes other than
extraction of the radionuclides are
excepted in § 173.401(b). As written, the
HMR treats identical radioactive
materials differently based on the
intended use and not the hazard
presented. Second, PHMSA proposes to
revise § 173.401(b)(2) to provide an
exception for a person being transported
for medical treatment because of
accidental or deliberate intake of
radioactive material, or because of
contamination. Currently, § 173.401
provides an exception from subpart I for
radioactive materials implanted into
people or animals for diagnosis or
treatment, but not for radioactive
material present in or on an individual
due to contamination. The second
proposed amendment would address
these additional circumstances and
facilitate the transportation of people
and their effects—such as clothing or
other items on their person—who have
been contaminated and need to be
transported for medical treatment.
• Surface Contaminated Object—III
(SCO–III): PHMSA proposes to revise
the definition for ‘‘Surface
Contaminated Object’’ (SCO) in
§ 173.403 to include ‘‘SCO–III.’’ This
new form of surface contaminated object
is meant for large solid objects (e.g., a
steam generator, reactor coolant pump,
pressurizer, or reactor head component,
etc.) that cannot be transported in a
package. The requirements for
transporting SCO–III material are
proposed in § 173.427. Currently, such
shipments can only be transported using
a DOT special permit.
• Aging of Packages: PHMSA
proposes to amend § 173.410 to require
package manufacturers to consider the
effects of aging during the design
process. The proposed language requires
manufacturers to evaluate the potential
degradation phenomena over time, such
as corrosion, abrasion, fatigue, crack
propagation, changes of material
compositions or mechanical properties
due to thermal loadings or radiation,
generation of decomposition gas, as well
as their impact on the functions
important to safety. Package engineers
already consider these factors when
they design radioactive packages;
however, there is no specific
requirement related to the aging of
packaging designs. The codification of
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this best practice would help to ensure
that radioactive packagings remain safe
throughout their life cycle.
PHMSA expects that some of the
proposed amendments represent
improvements in safety—e.g., transport
index limits and packaging aging—
while none would have significant
negative impacts on public safety or the
environment. Additionally, PHMSA
anticipates safety benefits from
improved compliance related to
consistency between domestic and
international regulations. PHMSA
solicits comment on the amendments
proposed in this NPRM, specifically the:
(1) need for the proposals, including
benefits and costs of those actions; (2)
potential impacts on safety and the
environment; impact on environmental
justice and equity; and (3) any other
relevant information. In addition,
PHMSA solicits comment regarding
approaches to reducing the costs of this
rulemaking while maintaining or
increasing safety benefits. In its
preliminary regulatory impact analysis
(PRIA), PHMSA concluded that the
aggregate benefits of the amendments
proposed in this NPRM justify their
aggregate costs. Nonetheless, PHMSA
solicits comment on specific changes
(e.g., greater flexibility for a particular
proposal) that might improve the safe
transportation of radioactive materials.
II. Background
The Federal Hazardous Materials
Transportation Act (codified at 49
U.S.C. 5101 et seq.) directs PHMSA to
participate in relevant international
standard-setting bodies and encourages
alignment of the HMR with
international transport standards
consistent with the promotion of safety
and the public interest.1 This statutory
mandate reflects the importance of
international standard-setting activity
when considering the globalization of
commercial transportation of hazardous
materials. Harmonization of the HMR
with international transport standards,
as appropriate, can reduce the costs and
other burdens of complying with
multiple or inconsistent safety
requirements. Consistency between the
HMR and current international
standards can also enhance safety by: (1)
ensuring that the HMR is informed by
the latest best practices and lessons
learned; (2) improving understanding of
and compliance with pertinent
requirements; (3) facilitating the smooth
flow of hazardous materials from their
points of origin to their points of
destination, thereby avoiding risks to
the public and the environment from
1 See
49 U.S.C. 5120.
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the release of hazardous materials due
to delays or interruptions in the
transportation of those materials; and (4)
enabling consistent emergency response
procedures in the event of a hazardous
materials incident.
Under their respective statutory
authorities, PHMSA and the NRC jointly
regulate the transportation of
radioactive materials to, from, and
within the United States. In accordance
with the 1979 Memorandum of
Understanding (MOU) 2 between DOT
and NRC:
• PHMSA regulates both shippers and
carriers with respect to:
Æ packaging requirements;
Æ communication requirements for:
D shipping paper contents;
D package labeling and marking;
D vehicle placarding; and
Æ training and emergency response
requirements.
• NRC requires its licensees to satisfy
requirements to protect public health
and safety, to assure the common
defense and security, and:
Æ certifies Type B and fissile material
package designs and approves package
quality assurance programs for its
licensees;
Æ provides technical support to
PHMSA and works with PHMSA to
ensure consistency with respect to the
transportation of Class 7 (radioactive)
materials; and
Æ conducts inspections of licensees
and an enforcement program within its
jurisdiction to assure compliance with
its requirements.
Historically, PHMSA and NRC—and
their predecessor agencies—have, to the
extent practicable, harmonized their
respective regulations to maintain
compatibility with the IAEA’s
regulations. The Safety Series No. 6,
‘‘Regulations for the Safe Transport of
Radioactive Material,’’ was first
published by IAEA in 1961 and revised
in 1964, and again in 1967. On October
4, 1968, DOT adopted harmonizing
amendments to the HMR.3 Additional
revisions were made by IAEA in 1973
and 1985, and DOT then codified these
revisions in the HMR.4 IAEA completed
a major revision to the Safety Series No.
6—renamed ‘‘Regulations for the Safe
Transport of Radioactive Material, 1996
Edition, No. ST–1’’—in 1996 and later
republished it in 2000 to include minor
editorial changes, at which time the
previous designation was changed to
‘‘Regulations for the Safe Transport of
2 44 FR 38690. A copy of the MOU has been
placed in the docket for this rulemaking at
www.regulations.gov.
3 33 FR 14918.
4 48 FR 10218 (Mar. 10, 1983) and 60 FR 50291
(Sep. 28, 1995).
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Radioactive Material, 1996 Edition, No.
TS–R–1, (ST–1, Revised).’’ On January
26, 2004, PHMSA adopted harmonizing
amendments to the HMR.5 Then, on July
11, 2014, PHMSA adopted the updates
of the 2003, 2005 and 2009 editions in
the HMR.6 Finally, on January 8, 2015,
PHMSA incorporated by reference the
2012 edition of the SSR,7 but did not
fully harmonize the HMR’s
requirements with the changes made in
that edition.
In this NPRM, PHMSA proposes to
amend the HMR to align with the
sections of 2012 SSR–6 the HMR do not
currently harmonize with and 2018
SSR–6, (Rev. 1), which includes changes
made to the IAEA regulations since
PHMSA’s rulemaking in 2014.8
Furthermore, PHMSA proposes to
incorporate by reference 2018 SSR–6,
(Rev. 1) and the 2012 and 2019 editions
of ANSI N14.1: Uranium Hexafluoride—
Packaging for Transport. Additionally,
PHMSA proposes regulatory
amendments identified through internal
regulatory review processes to update,
clarify, correct, or streamline certain
regulatory requirements applicable to
the transportation of Class 7
(radioactive) materials.
PHMSA is working closely with NRC
in the development of this rulemaking
and anticipates that NRC will publish a
parallel rulemaking. PHMSA and NRC
will coordinate the development and
publication schedules for the final rules
and, if necessary, PHMSA may issue a
supplemental notice of proposed
rulemaking to ensure that the DOT and
NRC rules are compatible.
This NPRM addresses only the areas
for which DOT has jurisdiction as
defined in the MOU with NRC.
Comments responding to any parallel
NRC NPRM should be submitted in
accordance with the public
participation guidelines established by
NRC in 10 CFR part 2 subpart H.
III. Incorporation by Reference
Discussion Under 1 CFR Part 51
According to the Office of
Management and Budget’s (OMB)
Circular A–119, ‘‘Federal Participation
in the Development and Use of
Voluntary Consensus Standards and in
Conformity Assessment Activities,’’
government agencies must use
voluntary consensus standards
wherever practical in the development
of regulations.
PHMSA currently incorporates by
reference into the HMR all or the
5 69
FR 3632.
FR 40589.
7 80 FR 1075.
8 79 FR 40589.
6 79
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relevant parts of several standards and
specifications developed and published
by standard development organizations
(SDO). In general, SDOs update and
revise their published standards every
two to five years to reflect modern
technology and best technical practices.
The National Technology Transfer and
Advancement Act of 1995 (NTTAA;
Pub. L. 104–113) directs Federal
agencies to use standards developed by
voluntary consensus standards bodies in
lieu of government-written standards
unless to do so would be inconsistent
with applicable law or otherwise
impracticable. Voluntary consensus
standards bodies develop, establish, or
coordinate technical standards using
agreed-upon procedures. OMB issued
Circular A–119 to implement section
12(d) of the NTTAA relative to the
utilization of consensus technical
standards by Federal agencies. This
circular provides guidance for agencies
participating in voluntary consensus
standards bodies and describes
procedures for satisfying the reporting
requirements in the NTTAA. Consistent
with the requirements of the NTTAA
and its statutory authorities, PHMSA is
responsible for determining which
standards should be updated, revised,
removed, or added to the HMR.
Revisions to materials incorporated by
reference in the HMR are handled via
the rulemaking process, which allows
the public and regulated entities to
provide input. During the rulemaking
process, PHMSA must also obtain
approval from the Office of the Federal
Register to incorporate by reference any
new materials. Regulations of the Office
of the Federal Register require that
agencies detail in the preamble of an
NPRM the ways the materials it
proposes to incorporate by reference are
reasonably available to interested
parties, or how the agency worked to
make those materials reasonably
available to interested parties. (See 1
CFR 51.5.)
PHMSA proposes to incorporate by
reference ‘‘Specific Safety Requirements
Number SSR–6, Revision 1: Regulations
for the Safe Transport of Radioactive
Material 2018 Edition’’ (2018 SSR–6,
Rev. 1) and the 2012 and 2019 editions
of ANSI N14.1: Uranium Hexafluoride—
Packaging for Transport. A summary
and discussion of these standards can be
found in ‘‘V. Section-by-Section
Review’’ under § 171.7. The IAEA
regulations are free and easily accessible
to the public on the internet, with
access provided through the parent
organization website at: https://
www.iaea.org/publications/12288/
regulations-for-the-safe-transport-of-
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radioactive-material. The 2012 and 2019
editions of ANSI N14.1 are available for
purchase on the ANSI website at:
https://webstore.ansi.org/Standards/
PCC/ANSIN142012 and https://
webstore.ansi.org/Standards/PCC/
ANSIN142019 respectively.
IV. Overview of Proposed Amendments
PHMSA proposes amendments to the
HMR based on updates to the 2012 and
2018 editions of the IAEA Safety
Standards: 2012 SSR–6 and 2018 SSR–
6, Rev. 1. As proposed, the amendments
would continue to maintain
compatibility between the HMR and the
IAEA regulations. PHMSA does not
intend to make the HMR identical to the
IAEA regulations but, rather, to remove
or avoid potential barriers to
international commerce while adhering
to domestic law, reflecting domestic
practices, and maintaining public health
and safety. Accordingly, PHMSA is not
proposing to adopt all the recent
updates into the HMR because the
framework or structure of the HMR may
make adoption unnecessary or
impractical. In such cases, there is no
added benefit to safety that might
outweigh the impracticality of adoption.
A. Amendments To Harmonize With the
2012 SSR–6 and 2018 SSR–6, Rev. 1
In consideration of updates in 2012
SSR–6 and 2018 SSR–6, Rev. 1, PHMSA
proposes to amend the HMR as follows:
• Revise paragraph § 171.7(s) to
incorporate by reference the revised
2018 SSR–6, Rev. 1 into the HMR.
• Revise § 172.101 to add the new
SCO–III, so that the proper shipping
name of UN2913 reads ‘‘Radioactive
Material, surface contaminated objects
(SCO–I, SCO–II, or SCO–III) in the
Hazardous Materials Table (HMT).
• Add new language to
§ 172.203(d)(4) and (5) to allow for the
label type and transport index of
overpacks to be listed on shipping
papers.
• Clarify § 172.310 to state that
markings on a package that do not relate
to the material in the package must be
removed or covered before shipment.
• Add a provision to § 173.401(b)(2)
to include persons contaminated by
radioactive material transported for
medical treatment.
• Add a new term ‘‘dose rate’’ in
§ 173.403.
• Revise the definition of Low specific
activity (LSA) material in § 173.403 to
remove the leaching prevention
requirement for LSA–III material.
• Revise the definition of Special
Form Class 7 (radioactive) in § 173.403
to adopt a newer standard for the design
of these materials.
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• Revise the definition of Surface
Contaminated Object (SCO) in § 173.403
to add a new SCO–III material.
• Revise § 173.410(i)(3) to require that
all Class 7 materials—not just liquids—
be capable of withstanding an internal
pressure that produces a pressure
differential of not less than the
maximum normal operating pressure
plus 95 kPa.
• Add a new paragraph (j) to
§ 173.410 to require that aging be
considered when designing packages for
Class 7 materials.
• Amend § 173.417(a) to allow the
import and export of fissile material
packages that meet IAEA requirements
for criticality safety index control
without package certification by
Competent Authorities.
• Add requirements to § 173.427 for
the new SCO–III materials, including a
new § 173.427(d) to require vehicles
transporting the new SCO–III materials
be properly surveyed for residual
radioactivity after each shipment.
• Add a new paragraph (i) to
§ 173.433 to allow a stakeholder to
apply for an approval to allow certain
instruments or articles to have an
alternative activity limit.
• Add seven new radionuclides to the
Table of A1 and A2 values for
radionuclides. in § 173.435.
• Add seven new radionuclides to the
Table of Exempt material activity
concentrations and exempt consignment
activity limits for radionuclides in
§ 173.436.
• Add reference in § 173.443 to the
new § 173.427(d) to require vehicles
transporting the new SCO–III materials
be properly surveyed for residual
radioactivity after each shipment.
• Revise § 173.448 to require
overpacks to be marked with the name
and address of the consigner and
consignee if this information cannot be
seen on the packages.
• Amend § 173.453(d) to add another
condition to the existing exception to
require fissile material be distributed
homogeneously and not form a lattice
arrangement within the package.
• Add a new paragraph (g) to
§ 173.453 to allow a fissile material
exception for packages containing up to
3.5 grams of uranium-235 where the
uranium-235 is not more than 5 percent
of the material.
• Add a new paragraph (h) to
§ 173.453 to allow an exception for up
to 140 grams fissile nuclides when
shipped under exclusive use.
• Add a new paragraph (j) to
§ 173.475 to require proper maintenance
of shipments of Class 7 materials while
in storage.
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B. Other Proposed Amendments
In addition to the amendments
proposed for harmonization with 2012
SSR–6 and 2018 SSR–6, Rev. 1, PHMSA
proposes the following regulatory
amendments identified through internal
regulatory review processes to update,
clarify, correct, or streamline certain
regulatory requirements applicable to
the transportation of Class 7
(radioactive) materials:
• Revise paragraph (d) of § 171.7 to
remove reference to § 173.417 and add
the 2012 and 2019 editions of ANSI
N14.1: Uranium Hexafluoride—
Packaging for Transport.
• Amend the § 172.101 HMT to
remove the reference to § 173.427 from
columns 8B and 8C for ‘‘UN2978,
Radioactive material, uranium
hexafluoride.’’
• Amend § 172.102(c)(1) to remove
the reference to § 173.472, which is
proposed to be deleted.
• Amend paragraph (d) of § 172.203
to require a list of the fissile nuclides
contained in a package be included on
a shipping paper.
• Add new language to § 173.415 to
clarify documentation requirements.
• Add new language to § 173.417 to
provide a provision for fissile material
when offered for import or export.
• Add new language to § 173.420 to
reference § 173.477 which is the
relevant packaging section for the
material.
• Add new language to § 173.420 to
reference § 171.7 where American
National Standard N14.1 is referenced.
• Revise § 173.424 to correct a
referenced section and allow transport
of packages that contain fissile material
only if excepted by § 173.453.
• Revise § 173.431(b) to remove the
reference to § 173.472, which is
proposed to be deleted.
• Add a clarification to footnote ‘‘b’’
of § 173.436 to state that in the case of
Th-natural, the parent nuclide is Th232, and in the case of U-natural the
parent nuclide is U–238.
• Add a new paragraph to § 173.447.
Paragraph (b) will be redesignated as (c),
and new paragraph (b) will be added,
which will limit groups of Class 7
(radioactive) packages to a transport
index of 50 and require a minimum
distance of 6 meters (20ft) between
groups of packages.
• Remove § 173.472 because Type B
packages were previously removed from
the HMR.
• Revise the leakage and
contamination sections of the modalspecific requirements, specifically—
§§ 174.750, 175.705, 176.715, and
177.843—to reference the existing
§ 173.443(e).
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C. Amendments Not Being Considered
for Proposal
PHMSA is not proposing to adopt all
the updates made to the IAEA
regulations since 2012 into the HMR. In
many cases, amendments to the IAEA
standards are not proposed for adoption
because the framework or structure of
the HMR makes adoption unnecessary
or impractical. Below is a listing of
significant amendments to the IAEA
regulations made since PHMSA’s 2014
rulemaking that are not being proposed
for adoption at this time.
• PHMSA is not replacing the term
‘‘radiation level’’ with ‘‘dose rate’’
throughout the HMR because the term
‘‘dose rate’’ is already used in the HMR
as a synonym for ‘‘radiation level.’’
Instead, PHMSA proposes to add a
definition for ‘‘dose rate’’ that will
duplicate the current HMR definition
for ‘‘radiation level.’’
• PHMSA is not adopting all of the
changes in the IAEA fissile material
exceptions in SSR–6 paragraphs 417
and 674 for material shipped with
beryllium, hydrogenous material
enriched in deuterium, graphite, and
other allotropic forms of carbon (except
for international shipments), and
paragraph 675, which exempted certain
plutonium shipments from some
packaging requirements. Instead,
PHMSA proposes to adopt changes
consistent with the changes that NRC
has identified in the Regulatory Basis
for NRC Docket 2016–0179.
V. Section-by-Section Review
A. Part 171
Section 171.7
Section 171.7 provides a listing of all
voluntary consensus standards
incorporated by reference into the HMR.
PHMSA proposes to incorporate by
reference ‘‘Specific Safety Requirements
Number SSR–6, Revision 1: Regulations
for the Safe Transport of Radioactive
Material 2018 Edition’’ (2018 SSR–6,
Rev. 1) and the 2012 and 2019 editions
of ANSI N14.1: Uranium Hexafluoride—
Packaging for Transport. IAEA’s SSR–6
Rev.1 regulates the transportation of
radioactive materials internationally.
PHMSA evaluated the updated
standards and determined that the
revisions provide an enhanced level of
safety without imposing significant
compliance burdens. These standards
have well-established and documented
safety histories, and their adoption will
maintain the high safety standard
currently achieved under the HMR.
Therefore, PHMSA proposes to add or
revise the following incorporation by
reference materials:
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• In paragraph (d), remove reference
to § 173.417 and incorporate by
reference the 2012 and 2019 editions of
ANSI N14.1: Uranium Hexafluoride—
Packaging for Transport in addition to
the versions currently listed in
§ 171.7(d). PHMSA proposes to remove
the reference to § 173.417 from this
paragraph because § 173.417 does not
reference the ANSI N14.1 standard. The
language in § 173.417 pertains to
shipments of less than 0.1 kg of uranium
hexafluoride while ANSI N14.1 only
pertains to shipments exceeding 0.1 kg
and those requirements are found in the
other listed section, see § 173.420. The
new editions of ANSI N14.1 provide
criteria for packaging uranium
hexafluoride for transportation and
cover design and fabrication of the
packaging, service inspection
requirements, cleanliness, maintenance
requirements, and cylinder loading
requirements. PHMSA has incorporated
this standard in its regulations since
1971, and it remains the industry
standard for shipping uranium
hexafluoride. The changes from the
2001 version to the proposed 2019
version include requirements for the use
of ‘‘plugs’’ that were not previously
allowed and provisions for converting
imperial units to metric, as well as
harmonization with the 2018 SSR–6,
Rev. 1 and additional best practices
including incorporating standards from
ASTM International. PHMSA believes
that the 2019 edition adds an increased
level of safety by bringing in updated
safety requirements, while allowing
more flexibility in packaging. While the
2019 edition of ANSI N14.1 will be the
required standard for new uranium
hexafluoride packages, older packages
may remain in service provided that
repairs, markings, and periodic tests and
inspections comply with the 2019
edition. The changes to the inspection,
testing, and repair requirements
between the 2001 and 2019 editions are
largely formatting changes, and PHMSA
does not believe that the revisions will
necessitate the removal of existing
packaging from circulation. Further, by
incorporating both the proposed
editions, packages built to the 2012
edition will be permitted in accordance
with § 173.420. However, new packages
will still need to be manufactured to the
2019 standard. The ANSI N14.1:
Uranium Hexafluoride—Packaging for
Transport 2012 and 2019 editions are
available for purchase at the following
websites:
• 2012 Edition: https://webstore.
ansi.org/standards/pcc/ansin142012
• 2019 Edition: https://webstore.
ansi.org/standards/pcc/ansin142019
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• In paragraph (s)(1), incorporate by
reference the 2018 edition of the IAEA
Regulations for the Safe Transport of
Radioactive Material, Safety Standards
Series No. SSR–6 (Rev.1), to replace the
2012 edition, which is currently
referenced in §§ 171.22; 171.23; 171.26;
173.415; 173.416; 173.417; 173.435; and
173.473. The IAEA regulations establish
standards of safety for control of the
radiation, criticality, and thermal
hazards to people, property, and the
environment associated with the
transport of radioactive materials.
Notable changes from the previous
edition include clarification of marking
requirements, a new group of surface
contaminated objects (SCO–III) for
UN2913, and amendments to basic
radionuclide values (activity of the
radionuclide as listed in § 173.435) for
seven specific radionuclides (Ba-135m,
Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149
and Tb-161). The Regulations for the
Safe Transport of Radioactive Material
are available for download and purchase
in hard copy on the IAEA website at:
https://www.iaea.org/publications/
12288/regulations-for-the-safetransport-of-radioactive-material.
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B. Part 172
Section 172.101 HMT
The HMT provides the terms and
conditions governing transportation of
hazardous materials under the HMR.
For each entry, the HMT identifies
information such as the proper shipping
name, UN identification number, and
hazard class. The HMT specifies
additional information or reference
requirements in the HMR such as
hazard communication, packaging,
quantity limits aboard aircraft, and
stowage of hazardous materials aboard
vessels. PHMSA proposes to revise the
entry for ‘‘UN2978, Radioactive
material, uranium hexafluoride’’ to
remove the reference to § 173.427, and
revise the entry for ‘‘UN2913,
Radioactive material, surface
contaminated objects (SCO–I or SCO–
II)’’ to add the new SCO–III material.
In the July 11, 2014, final rule,9
PHMSA added paragraph (e) to
§ 173.420, which details additional
shipping requirements for shipments of
Uranium hexafluoride (UF6) and
requires the UN number and proper
shipping name—‘‘UN2978, Radioactive
material, uranium hexafluoride’’—to be
used for packages containing 0.1 kg or
more of non-fissile or fissile-excepted
UF6. Paragraph (e) was added to clarify
that ‘‘when there is more than one way
to describe a UF6 shipment, the proper
9 81
FR 40590.
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shipping name and UN number for the
uranium hexafluoride should take
precedence over the shipping
description for LSA material.’’ However,
PHMSA inadvertently failed to remove
the reference to § 173.427 (regarding, in
relevant part, transport requirements for
LSA material) from the non-bulk and
bulk packaging provisions in the 2014
final rule. The HMT entry for ‘‘UN2978’’
should reference only § 173.420
(regarding requirements for uranium
hexafluoride). Compliance with the
HMT as written could result in the use
of an incorrect packaging provision, a
safety concern that could lead to a
dangerous situation. Therefore, PHMSA
proposes to amend the entry for
‘‘UN2978, Radioactive material,
uranium hexafluoride’’ to remove the
reference to § 173.427 and ensure proper
packaging is used and safety is
maintained.
Additionally, PHMSA proposes to
change the parenthetical text in the
entry for ‘‘UN2913, Radioactive
material, surface contaminated objects
(SCO–I or SCO–II)’’ to read ‘‘(SCO–I or
SCO–II or SCO–III).’’ This change is
consistent with the addition of the new
SCO–III material discussed in this
NPRM. See SECTIONS 173.403 and
173.427 of the Section-by-Section
Review for further details on this
proposed change.
Section 172.102 Special Provisions
Section 172.102 lists special
provisions applicable to the
transportation of specific hazardous
materials and contains various
provisions including packaging
requirements, prohibitions, and
exceptions applicable to particular
quantities or forms of such hazardous
materials. PHMSA proposes to amend
special provision 139 to remove the
reference to § 173.472 because in this
NPRM, PHMSA proposes to remove
§ 173.472 from the HMR. See Section
173.472 of the Section-by-Section
Review for further details.
Section 172.203
Section 172.203 prescribes additional
requirements for shipping descriptions
on shipping papers. Paragraph (d) lists
information that must be included in
the description of a Class 7 (radioactive)
material, such as the category of label
applied to a package as referenced in
paragraph (d)(4). PHMSA proposes to
revise paragraphs (d)(4) and (5) by
adding the words ‘‘or overpack’’ to those
paragraphs. This proposed change
would allow shippers to list the label
and the sum of the transport indices of
the overpack on the shipping paper,
instead of the individual packages.
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Fmt 4702
Sfmt 4702
PHMSA believes that this change would
provide cost savings without
compromising safety by reducing the
time it takes for an offeror to fill out a
shipping paper. This change would also
harmonize with the IAEA standards and
account for the common use of
overpacks for shipping Class 7
(radioactive) materials.
Additionally, PHMSA proposes to
revise paragraph (d)(6) to require
shipping papers for shipments
containing fissile Class 7 (radioactive)
material to list the nuclides of the fissile
material in the package. This proposed
change would provide information on
which fissile nuclides are present in the
package—e.g., plutonium-239,
plutonium-241, uranium-233, or
uranium-235—but would only affect
shipments where the fissile nuclides are
not listed on the shipping paper in
accordance with the requirements of
§ 173.433(g), and the fissile materials are
not excepted under § 173.453. As the
HMR is currently written, it is possible
that such a package could be assigned
a criticality safety index (CSI), but have
no fissile nuclides listed on the
shipping paper as it does not meet the
threshold set out in § 173.433. A CSI is
assigned to fissile materials using a
calculation in 10 CFR part 71 to provide
control over the accumulation of
packages, overpacks, or freight
containers containing fissile material.
As this may lead to confusion in
transportation and possibly delay
shipments, we have proposed this
revision to paragraph (d)(6).
Section 172.310
Section 172.310 prescribes marking
requirements for packages containing
Class 7 (radioactive) materials.
Specifically, paragraph (b) requires that
each industrial, Type A, Type B(U), or
Type B(M) package must be legibly and
durably marked on the outside of the
packaging. PHMSA proposes to make a
revision to paragraph (b) which clarifies
the existing requirement to remove
markings that do not correspond with
the package being shipped. For
example, if an offeror’s package meets
the requirements for a Type A package
and radioactive materials are then
removed, any markings identifying the
package as a Type A package must be
removed or covered. Improperly labeled
packages misrepresent the hazard
present in the package, which could
lead to potentially dangerous situations,
especially if the label underrepresents
the hazard present. This proposed
clarification will increase compliance
and decrease the likelihood of a
dangerous situation occurring, thus
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Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Proposed Rules
improving the safe transportation of
these packages.
Additionally, PHMSA proposes to
revise paragraph (e) to remove reference
to § 173.472 to reflect the proposal to
remove § 173.472 from the HMR. See
Section 173.472 of the Section-bySection Review for further details.
lotter on DSK11XQN23PROD with PROPOSALS1
C. Part 173
Section 173.401
Section 173.401 contains the scope of
subpart I of Part 173 of the HMR,
including situations that are excepted
from the requirements of subpart I. Subparagraph 107(d) of the IAEA
regulations contains an exception for
radioactive material in—or on—a person
who is to be transported for medical
treatment because of accidental or
deliberate radiation intake or
contamination. Currently,
§ 173.401(b)(2) of the HMR provides an
exception from subpart I of Part 173 for
radioactive material implanted into
people or animals for diagnosis or
treatment, but not from contamination.
Therefore, PHMSA proposes to add a
new paragraph (b)(6) for a medical
exception to § 173.401, which would
facilitate the transportation of people
and their effects—such as clothing or
other items on their person—who have
been contaminated and need to be
transported for medical treatment.
Additionally, PHMSA proposes to
revise § 173.401(b)(4) to specify that
§ 173.401 does not apply to all natural
material and ores containing naturally
occurring radionuclides, regardless of
its intended use, provided the activity
concentration of the material does not
exceed 10 times the exempt material
activity concentration values specified
in § 173.436, or determined in
accordance with the requirements of
§ 173.433. Currently, only natural
material and ore containing naturally
occurring radionuclides—which are
either in their natural state or which
have only been processed for purposes
other than extraction of the
radionuclides—are excepted from
subpart I of Part 173 in § 173.401(b).
Material intended to be processed for
the use of the radionuclides may not
utilize the exception. As written, the
HMR treats identical radioactive
material differently based on its
intended use and not the hazard it
presents. This change maintains the
existing activity concentration limit of
10 times the exempt material activity
concentration values specified in
§ 173.436 meaning the hazard level of
the material exempted cannot exceed
what is already permitted. Therefore,
this proposed change would harmonize
with the scope of the IAEA regulations
and reflect that the hazards of naturally
occurring radionuclides do not differ
based on the reason for processing or
their future intended use.
Section 173.403
Section 173.403 provides the
definitions for subpart I of Part 173.
PHMSA proposes to revise various
definitions to better harmonize with
2018 SSR–6, Rev. 1. The proposed
changes are as follows:
• Add ‘‘dose rate’’ as a new
definition.
• Revise the definition of ‘‘Special
form Class 7 (radioactive) material’’ to
align with SSR–6, paragraph 823.
• Revise the definition of ‘‘Low
Specific Activity (LSA) material’’ to
remove the leaching prevention
requirement for LSA–III materials.
• Revise the definition of ‘‘Surface
Contaminated Object (SCO)’’ to include
the SCO–III material introduced in this
NPRM.
The details of these proposed changes
are explained below.
Dose rate: A new definition of ‘‘dose
rate’’ is being added to clarify the term
as it is used in the HMR. In past
alignment with the IAEA, ‘‘dose rate’’
has been used throughout the HMR as
a term that was meant to be
synonymous with ‘‘radiation level’’—
and until recently, the two terms have
been used interchangeably. However,
the IAEA has decided to exclusively use
the term ‘‘dose rate’’ specified in 2018
SSR–6, Rev. 1. PHMSA and NRC have
decided not to harmonize with that
change because it would not result in a
change in practice or safety but
recognize that the use of two terms
interchangeably without defining ‘‘dose
rate’’ can be confusing to some readers.
Therefore, to avoid confusion and
provide greater clarity, PHMSA
proposes to add a definition for ‘‘dose
rate’’ that will reference the definition of
‘‘radiation level.’’
Special form Class 7 (radioactive)
material: PHMSA proposes to revise the
definition of ‘‘Special form Class 7
Year of design
(IAEA)
Year adopted
by DOT
1973 ......................................................................
1985 ......................................................................
1996 ......................................................................
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PO 00000
1983
1996
2004
Frm 00042
(radioactive) material’’ to align with
changes adopted by the IAEA.
Specifically, paragraph 823 of the 2018
SSR–6, Rev. 1:
• Prohibits continued use of special
form radioactive material approved
under the 1973 IAEA regulations,
incorporated into the HMR in 1983.
• Prohibits new manufacture of
special form radioactive material that
received approval under the 1985 IAEA
regulations, incorporated into the HMR
in 1996.
• After December 31, 2025, the 2018
SSR–6, Rev. 1 prohibits new
manufacture of special form radioactive
material sources to a design that had
received approval under the 1996
edition of the IAEA regulations,
incorporated into the HMR in 2004.
Under this proposal, manufacturers of
designs that conform to the
requirements of the HMR—that were
effective between April 1, 1996, and the
effective date of any final rule—may
continue to use those designs provided
they maintain a management system as
required by SSR–6 (Rev. 1) paragraph
306. Manufacturers of older designs may
be able to obtain new competent
authority approvals for these designs
because there have been no significant
changes to the special form
requirements since the IAEA 1985
regulations. For special forms approved
under the pre-1985 IAEA requirements,
no new manufacture has been
authorized under the HMR since April
1, 1997, and those special form sources
would all lack a quality assurance
program that meets § 173.476(c)(4)
requirements.
This proposed revision to the
definition of ‘‘Special form Class 7
(radioactive) material’’ would phase out
the oldest special form Class 7
(radioactive) material designs that do
not meet current design requirements;
however, it would continue to allow
more recent designs to remain, provided
a management system is maintained.
This approach will increase safety by:
(1) removing the oldest special form
Class 7 (radioactive) materials from
circulation that are at a minimum 24
years old; and (2) adding additional
safety requirements to certain designs
that remain in use. The following table
provides a summary of these proposed
changes:
Can I continue to manufacture to this design
year?
No .........................................................................
No .........................................................................
Yes, through December 31, 2025 ........................
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Can I continue to use
this design?
No.
Yes.
Yes.
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Low Specific Activity (LSA) material:
PHMSA proposes to amend the
definition of LSA material by removing
the leaching prevention requirement for
LSA–III materials and removing the
reference to § 173.468. LSA is material
with limited specific activity that is not
fissile material or excepted under
§ 173.453. Specifically, LSA–III is solid
material—excluding powders—with an
average specific activity that does not
exceed 2×10¥3 A2/g, excluding any
shielding material. Currently, LSA–III
materials must also pass a leaching test,
and the contamination must be
uniformly distributed. When
establishing the low average specific
activity limits for LSA material in the
transport regulations, IAEA based its
analysis on the small likelihood that,
under normal conditions of
transportation, a sufficient mass of such
material could be taken into the body
and result in a significant radiation
hazard. For the 2018 SSR–6, IAEA’s
working group evaluated 10 the need for
the leaching test used to demonstrate
that the leaching prevention
requirement is met, as it had no
apparent relevance to the inhalation risk
of exposure to material during
transportation and determined that the
leaching test for LSA–III material did
not contribute to IAEA’s 50 mSv
effective dose transport safety limit.
PHMSA agrees with IAEA’s findings
that the leaching test does not enhance
safety and proposes to harmonize with
the 2018 SSR–6, Rev. 1 by removing the
leaching prevention requirement from
this section.
Surface Contaminated Object (SCO)
III: PHMSA proposes to add a new
section to the definition for ‘‘Surface
Contaminated Objects’’ to create a type
called ‘‘Surface Contaminated Object—
III.’’ This new form of surface
contaminated object is meant for large
solid objects (e.g., a steam generator,
reactor coolant pump, pressurizer, or
reactor head component, etc.) that
cannot be transported in a package.
Currently, such shipments require the
application for—and granting of—a DOT
special permit.11 This proposed change
would codify the requirements for the
transportation of these shipments and
remove the need for a special permit,
replacing it with an approval which take
10 A summary of the working group’s conclusions
is included in the rulemaking docket.
11 PHMSA worked with our Canadian partners to
redo a 2007 proposal for the adoption of SCO–III
material into the IAEA regulations. Further,
PHMSA used the experience and information we
gained from developing the special permits and—
along with our Canadian partners—developed a
new proposal for SCO–III materials. That proposal
was submitted to the IAEA by Canada and
ultimately accepted.
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less time and require less effort from the
requestor due to the codified
requirements. This approach allows for
a more efficient transportation
environment without any decrease in
safety as PHMSA will retain the ability
to reject applications that it deems
unsafe.
Section 173.410
Section 173.410 prescribes general
design requirements for packages used
for the transportation of Class 7
(radioactive) materials. In this NPRM,
PHMSA proposes two separate changes
to this section.
Paragraph (i) prescribes requirements
for air transport only. PHMSA proposes
to revise paragraph (i)(3) to require that
all packages for transport by air must be
able to withstand an internal pressure
that produces a pressure differential of
not less than the maximum normal
operating pressure plus 95 kPa (13.8
psi). Because the HMR currently limits
the provision in paragraph (i)(3) to
liquid materials, this change would
expand the requirement to all
radioactive materials. This proposed
change would not only harmonize the
HMR with both the International Civil
Aviation Organization Technical
Instructions (ICAO TI) and IAEA
regulations, but it would also increase
safety by ensuring that all packages
containing radioactive material shipped
by air are capable of withstanding the
pressure changes inherent in air
transport. This provision has been
implemented by ICAO for all
international air carriers, and therefore
PHMSA believes it is widely adopted
already. However, we request comment
on this assumption.
PHMSA acknowledges that NRC has
chosen not to harmonize with the 2018
SSR–6, Rev. 1, and the ICAO TI by
omitting the requirements of
§ 173.410(i)(3) from its proposed
rulemaking. NRC believes that the
existing reduced external pressure test
value—which requires packages to be
tested to an external pressure of 25 kPa
(3.5 LbF/in2) 12 absolute—addresses air
transport conditions and that Type AF
and Type B packages are adequately
robust compared to Type A packages.
PHMSA requests comments on whether
this disparity—between the PHMSA
NPRM and the NRC NPRM—will have
any negative effects on stakeholders.
Additionally, PHMSA proposes to
add a new paragraph (j) that will require
package manufacturers to take the
effects of aging into consideration
during the design process. The proposed
12 LbF is a unit of measurement and means
‘‘Pounds Force.’’
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new paragraph (j) will require the
package designer to evaluate the
potential degradation phenomena over
time, such as corrosion, abrasion,
fatigue, crack propagation, changes of
material compositions or mechanical
properties due to thermal loadings or
radiation, generation of decomposition
gas, and their impact on the functions
important to safety. While PHMSA
believes package engineers already take
these factors into consideration when
they design radioactive packages, there
is no specific requirement related to the
aging of packaging designs. The
codification of this best practice would
ensure that radioactive packaging
designs remain safe into the future,
while also harmonizing the HMR with
the IAEA standards to facilitate uniform
international packaging standards and,
therefore, international commerce.
Section 173.415
Section 173.415 lists the Type A
packages that are authorized for
shipment, provided that the packages do
not contain quantities exceeding the A1
or A2 values for radionuclides in
§ 173.435. Paragraph (a) specifies the
DOT Specification 7A Type A
recordkeeping requirements, and
PHMSA proposes to revise three
subparagraphs in paragraph (a) to better
clarify them.
First, PHMSA proposes to revise
§ 173.415(a)(1) to better clarify ‘‘a
description of the package.’’ PHMSA
proposes to add language requiring that
the report detail the radionuclide(s)
tested for use in the package, the
radionuclide(s) chemical state (i.e.,
solid, liquid, or gas), and an indication
as to whether the material is special
form. This proposed change would
increase safety by ensuring packages are
tested for the materials they contain.
Second, PHMSA proposes to add
language in § 173.415(a)(1)(i) to require
test reports to describe how the test
conditions met the requirements of
§ 173.461(a)(1). Section 173.461
describes the methods that can be used
to demonstrate compliance with the
tests required for Type A packages in
§ 173.465. Specifically, paragraph (a)(1)
allows testing to be done with
prototypes or samples of specimens
representing LSA–III special form Class
7 (radioactive) material or packaging, in
which case the contents of the
packaging for the test must simulate as
closely as practicable the expected range
of physical properties of the radioactive
contents or packaging to be tested. It
also encourages testers to use nonradioactive materials when testing. Due
to this flexibility, PHMSA proposes a
requirement for testers to describe
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specifically how the test was carried out
so that it can easily be determined if the
package in question is acceptable for its
intended contents. This increased
transparency in the testing process will
have a positive effect on safety by
allowing investigators to better
understand the testing that took place
and determine if it was performed
correctly. Furthermore, PHMSA also
proposes to add a reference to
§ 173.412(j) in § 173.415(a)(1)(i) to
further clarify that the records
maintained must show compliance with
§ 173.412(j). These proposed changes
will provide greater clarity by removing
the need for package manufacturers to
interpret a ‘‘detailed description.’’
Third, PHMSA proposes to revise
§ 173.415(a)(2) to allow offerors who
obtained packagings from a packaging
manufacturer—and were provided with
a certification for those packagings—the
option to contact the packaging
manufacturer and have the packaging
manufacturer send the documents
required in paragraph (a)(1) to DOT,
rather than requiring the offeror to
maintain the documents required by
paragraph (a)(1) on file. This proposed
change would conform to PHMSA’s
stated intent in the 2014 final rule.13
Additionally, PHMSA proposes to
revise the language in paragraph (a)(2)
to require certification that the
packaging meets all the requirements of
§§ 173.403, 173.410, 173.412, 173.465,
and, if applicable, § 173.466, instead of
§ 178.350. Section 178.350 requires
packagings to meet the requirements of
those listed sections. These proposed
changes will clarify the specific
requirements that PHMSA expects
packaging manufacturers certify their
packagings to.
Section 173.417
Section 173.417 provides a list of
authorized fissile materials packages.
PHMSA proposes to add a new
subparagraph (a)(2)(ii) for the import
and export of fissile material packages
that meet the requirements of paragraph
674 of SSR–6, and to reorganize
paragraph (a) to more clearly outline
when the various packagings are
allowed. Paragraph 674 provides criteria
by which fissile material may be
transported using a package design that
does not require certification by a
competent authority to contain fissile
material. Rather, if the mass of fissile
nuclides is limited to the quantities
specified in paragraph 674 and the
package meets the performance criteria
noted in paragraph 674(a)–(c), then the
package would be safe for transport
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subject to criticality safety index
accumulation control. PHMSA proposes
to add language to highlight and clarify
the acceptable use of this IAEA
exception by listing it in the authorized
fissile material packages section. This
change will align PHMSA with the
IAEA standards and provide a way for
packages that meet these criteria to be
shipped to and from the US.
Section 173.420
Section 173.420 prescribes
requirements for transportation of
uranium hexafluoride (fissile, fissileexcepted, and non-fissile). PHMSA
proposes to add a new paragraph (f) to
direct offerors who are shipping more
than 0.1 kg of non-fissile or fissileexcepted uranium hexafluoride to
§ 173.477. This proposed change would
aid offerors in finding the specific
requirements for their materials in the
HMR, thus increasing compliance and
safety. Separately, PHMSA proposes to
provide an additional reader’s aid by
adding an incorporation by reference
notation to ANSI N14.1 in this section.
PHMSA has also proposed to update the
ANSI N14.1 standards incorporated by
reference in section 171.7. For further
information see SECTION 171.7 above.
Section 173.424
Section 173.424 provides an
exception from specification packaging,
labeling, marking (except for the UN
identification number marking
requirement described in § 173.422(a)),
and—if not a hazardous substance or
hazardous waste—shipping papers, and
the requirements of subpart I (Class 7
(Radioactive) Materials) provided all the
conditions in the section are met.
PHMSA proposes to revise paragraph
(h) of this section to make it consistent
with a change made to § 173.421 in a
previous final rule.14 This proposed
change would revise the section
reference from § 173.426 to § 173.453
and remove the exception for shipments
of up to 15 grams of uranium-235. The
revised paragraph would allow for any
of the exceptions provided in
§ 173.453—including two new ones
proposed in this NPRM—to be utilized
when shipping fissile material as
excepted packages. While these
exceptions are more stringent than the
flat limit of 15 grams of uranium-235,
they allow for multiple volumes from 1
to 180 grams of fissile material—not
only uranium-235—to utilize the
excepted packages provisions in this
section.
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Section 173.427
Section 173.427 provides transport
requirements for LSA and SCO
materials. Currently, offerors must
obtain a special permit to ship materials
that meet the new definition of SCO–III.
PHMSA proposes to revise this section
to add the limits for the newly created
SCO–III material. This proposed change
would revise the HMR to clearly state
the requirements for shipping SCO–III
materials without the need for a
company to obtain a special permit.
Instead, a company will apply for a less
burdensome approval. This process will
still require PHMSA to review the
requestor’s transport plan to ensure it is
safe and within the requirements of the
HMR, thus maintaining the level of
safety achieved by the current system.
This proposed change would also align
the HMR with IAEA requirements.
In order to revise the HMR as
described above, PHMSA proposes to
redesignate current paragraph (d) as
paragraph (e), redesignate current
paragraph (e) as paragraph (f), and
create a new paragraph (d) that will list
the requirements for the transport of
SCO–III material. PHMSA also proposes
to require approval by the Associate
Administrator of Hazardous Materials
Safety for SCO–III shipments; therefore,
paragraph (d)(6) would prescribe the
approval application requirements for
SCO–III shipments. In addition, PHMSA
proposes to amend paragraphs (a)(2) and
(a)(6)(i) to provide exceptions for SCO–
III material that cannot meet the
transport requirements outlined in these
provisions because of its large physical
size, provided certain provisions are
included in the shipment’s transport
plan.
Section 173.431
Section 173.431 contains the activity
limits for Type A and Type B packages.
In this NPRM, PHMSA proposes to
revise paragraph (b) by removing
references to §§ 173.416, 173.417, and
173.472. First, PHMSA proposes to
remove § 173.472 in this NPRM as an
editorial edit following deletion in the
HM–250 final rule—therefore the
reference to § 173.472 is no longer
applicable.15 See SECTION 173.472 of
the Section-by-Section Review for
further details. Second, PHMSA
proposes to remove reference to
§§ 173.416 and 173.417 as they are no
longer relevant to the activity limits for
Type B packages after the various DOT
Type B packages were previously
phased out. The phaseout began in 2004
with the publication of the HM–230
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final rule 16 and was completed by
October 1, 2008.
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Section 173.433
Section 173.433 prescribes
requirements for determining basic
radionuclide values and for listing
radionuclides on shipping papers and
labels. PHMSA proposes to add a new
paragraph (i) that would allow
stakeholders to request an approval to
allow certain instruments or articles to
have an alternative activity limit for
what is considered an exempt material
instead of those found in the table in
§ 173.436. Alternative exemption limits
of material contained within
instruments or articles may be justified
when it is shown that the construction
and design of the item itself provides
containment and shielding of the
radionuclide—in both routine and
adverse conditions of transport—to
minimize risks. An alternative activity
limit would allow for Class 7 materials
transported as component parts of an
instrument or article to be shipped as an
exempt material provided both PHMSA
and—for international shipments—other
competent authorities approve.
Currently, this practice is permissible
only via special permit. However, the
2018 SSR–6, Rev. 1 codified language to
allow a shipper who transports Class 7
(radioactive) material internationally to
request this exemption. The IAEA
requires multilateral approval for an
alternative activity limit shipment
meaning an offeror must obtain a
competent authority approval from the
design or shipment origin country as
well as any country the shipment will
be transported through or into. PHMSA
believes alignment of the HMR with the
2018 SSR–6, Rev. 1 would facilitate
international trade and—in fact—U.S.
companies may be at a domestic
disadvantage if PHMSA were to not
adopt this change into the HMR.
Section 173.435
Section 173.435 lists the A1 and A2
values for the most commonly
transported radionuclides in the ‘‘Table
of A1 and A2 values for radionuclides.’’
A1 and A2 values are used in the
international and domestic
transportation regulations to specify the
amount of radioactive material that is
permitted to be transported in a
particular packaging.
PHMSA proposes to revise the table
by adding seven new radionuclides—
Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83,
Tb-149, and Tb-161)—that the NRC has
indicated there is an increased need to
ship (e.g., Ba-135m and Ge-69 for
16 69
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medical uses, etc.). Without provided
values for these radionuclides, the
general values given in tables 7 and 8
must be used, which could significantly
impact the ability to transport these
radionuclides by either necessitating
decay prior to shipment, the use of
multiple Type A Packages, or the use of
Type B packages, as well as leading to
possible miscommunication of the
relative hazards. PHMSA has
determined these new activity limits are
safe for transportation in specification
Type A packaging. This proposed
change would provide a cost savings to
offerors of these newly added
radionuclides without a reduction in
safety. Adding these seven new
radionuclides will also provide
increased clarity about the products
shipped, which will increase safe
transport and shipment of these
radionuclides.
PHMSA also proposes to make an
editorial change to the specific activity
values for Rb(nat). Currently, the
specific activity values of 6.7 × 10¥10
TBq/g and 1.8 × 10¥8 Ci/g incorrectly
use an underscore to represent the
negative sign. In this NPRM, we are
proposing to revise the specific activity
values to correctly show the appropriate
negative sign.
Section 173.436
Section 173.436 specifies the nuclidespecific exemption concentrations and
the nuclide-specific exemptionconsignment activity limits for
radionuclides. As noted above, in order
to align with the 2018 SSR–6, Rev. 1,
PHMSA proposes to add seven new
radionuclides to this table (Ba-135m,
Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149,
and Tb-161). Without provided values
for these radionuclides, the general
values given in table 8 must be used,
which could significantly impact the
ability to transport these radionuclides
by either necessitating decay prior to
shipment, the use of multiple Type A
Packages, or the use of Type B packages.
Additionally, PHMSA proposes to
clarify footnote ‘‘b’’ of § 173.436 per
table 2 to state that in the case of Thnatural, the parent nuclide is Th-232;
and in the case of U-natural, the parent
nuclide is U-238. This information is
not clearly communicated in the
footnote as currently written and may
cause frustration in the interpretation of
the HMR.
Section 173.443
Section 173.443 specifies
contamination control limits. PHMSA
proposes to revise paragraph (c) to
reference the new paragraph (d)
proposed in § 173.427. This change
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would amend the requirement for each
conveyance, overpack, freight container,
tank, or intermediate bulk container—
used for transporting Class 7
(radioactive) materials as an exclusive
use shipment—to be surveyed with
appropriate radiation detection
instruments after each exclusive use
transport to include the new SCO–III
materials. By adding the reference to
§ 173.427(d), PHMSA is applying the
existing contamination control
requirements to the new SCO–III
materials. This proposed change would
ensure that any conveyance used to
transport SCO–III material is properly
surveyed and decontaminated before
returning to general service, and would
harmonize with the IAEA standards,
thus ensuring conveyances may easily
continue on in international service
safely.
Section 173.447
Section 173.447 specifies the general
requirements for temporary storage of
Class 7 (radioactive) material during the
course of transportation. In 2002—in the
HM–230 NPRM 17—the Research and
Special Programs Administration
(RSPA), PHMSA‘s precursor agency,
proposed to move certain requirements
in § 173.447 to § 173.441(d)(3). These
requirements included a limit of 50 on
the sum of transport indexes of groups
of packages while in storage incidental
to transportation, and distancing
requirements of at least 6 meters or 20
feet. The paragraph enacting those
changes was inadvertently omitted in
the HM–230 final rule.18 These values
have been in place in the IAEA and
other sections of the HMR for over 30
years. Therefore, PHMSA proposes to
reinstate the limit on the sum of
transport indexes of a group of packages
and distancing requirements while in
storage incidental to transport as
paragraph (b) in § 173.447.
The proposed requirements are
consistent with the various modal
sections of the HMR. For example, parts
174 and 177 for railroad and highway
transportation, respectively, both
require that shippers keep any single
group of Class 7 (radioactive) packages
in any storage location limited to a total
transport index number of 50. Similarly,
the requirements for air transportation
in § 175.700 and vessel transportation in
§ 176.704 limit the transportation index
to 50 on passenger aircraft or in freight
containers. Additionally, all modes of
transportation require Class 7
(radioactive) materials to maintain a
certain distance from animals, people,
17 67
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or other Class 7 (radioactive) materials.
For example, part 177 requires the
proposed distance requirements of 6
meters or 20 feet between groups of
packages. These proposed requirements
in § 173.447 for total transport index
and distancing would help to ensure the
safety of those who store and handle
Class 7 (radioactive) materials.
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Section 173.448
Section 173.448 contains general
transportation requirements for Class 7
(radioactive) materials. PHMSA
proposes to revise this section to require
overpacks to have the consignor and/or
consignee marked on the outside of the
overpack if it cannot be seen on the
packages. This proposed change would
reduce confusion and increase safety by
identifying the consignee and consignor
marking requirements on the outside of
the overpack if they cannot be seen on
the individual packages in the overpack.
Section 173.453
Section 173.453 contains provisions
that allow a material to be excepted
from some requirements for fissile
materials. PHMSA proposes to add a
sentence to paragraph (d) that would
require materials utilizing that
exception to have fissile material that is
distributed homogenously and that does
not form a lattice arrangement. Uranium
enriched to less than five percent (5%)
by weight is most reactive when it is in
a heterogeneous configuration. For
uranium enriched to not more than one
percent (1%), a large heterogeneous
system or lattice arrangement would be
required for a material utilizing this
exception to approach criticality. This
proposed change would align the HMR
with the current NRC and IAEA
requirements and ensure the safe
transport of such fissile material.
Additionally, PHMSA proposes to
add a new paragraph (g) that would
provide a new exception for up to 3.5
grams of uranium-235 where the
uranium-235 is not more than five
percent (5%) of the material. This new
exception is comparable to the 49 CFR
173.453(a) exemption limit of up to 2.0
grams of fissile material per package.
The additional neutron absorption
provided by uranium-238 in 5.0 weight
percent enriched uranium compensates
for the additional 1.5 grams of uranium235 mass (i.e., up to 3.5 grams uranium235 per package), when compared to the
49 CFR 173.453(a) limit of 2.0 grams.
This proposed change would align the
HMR with the changes that NRC has
identified in the Regulatory Basis for
NRC Docket 2016–0179. It would also
align the HMR with the IAEA
standards—but without the
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consignment limit in SSR–6 paragraph
570(c)—and allow the increased
transport of uranium-235 without any
additional impacts on safety. PHMSA
has decided not to adopt the
consignment limit. The amount of fissile
material allowed by this proposed
provision would be similar to the
existing exception in 49 CFR
173.453(a)in terms of reactivity. In
addition, the consignment limit of SSR–
6 paragraph 570(c) does not affect the
accumulation of packages on a transport
conveyance because there is no limit to
the number of consignments that may be
present on a single conveyance.
Finally, PHMSA proposes to add a
new paragraph (h) that will provide an
exception for up to 140 grams of fissile
nuclides when shipped under exclusive
use. This proposed change would align
the HMR with the changes that NRC has
identified in the Regulatory Basis for
NRC Docket 2016–0179, by adopting a
modified version of a 45-gram exception
in SSR–6. In evaluating this new
exception, NRC staff determined that
the IAEA SSR–6 45-gram exception was
unnecessarily conservative—45 grams
represents about one eighth of the
consensus minimum subcritical mass
value for plutonium-239 moderated by
water. NRC staff also determined that a
mass value higher than that contained
in IAEA SSR–6 paragraph 417(e) is
justified, given the conservatism
inherent in the exclusive use restriction
of the SSR–6 provision, and because
plutonium-239 would have to be
shipped in a Type B package that
withstands hypothetical accident
conditions. Therefore, PHMSA and NRC
propose a limit of 140 grams of fissile
material. When determining the
proposed limit, NRC considered
uranium-235 rather than plutonium239, as any amount of plutonium-239
over 0.435 grams is considered Type B,
which would have to be packaged to
withstand both normal and hypothetical
accident conditions of transport. This
limit is based on one-fifth of a
consensus minimum critical mass of
uranium-235 under optimum
conditions. This mass represents a
conservative limit for fissile material,
because five times this amount would
remain subcritical under any
conditions. PHMSA and NRC anticipate
that shipments utilizing this exception
would be used primarily for domestic
transportation (e.g., decommissioning
activities where contaminated items or
small quantities of fissile material
would be shipped for disposal), and
only rarely for international shipments.
In the rare instances where international
shipments under this exemption
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provision are necessary, shippers would
have to be aware of this difference and
ship under the lower limit in IAEA
SSR–6 paragraph 417(e).
Section 173.465
Section 173.465 contains the test
requirements for Type A packaging.
Specifically, paragraph (c) contains the
free drop test requirements. In response
to a request from the U.S. Department of
Energy (DOE), PHMSA proposes to
revise paragraph (c) to clarify that the
free drop test required by paragraph
(c)(2) is applicable only to fissile
material rectangular packages not
exceeding 50 kg and fissile material
cylindrical packages not exceeding 100
kg. This proposed change would align
the HMR with the similar NRC
requirement in 10 CFR 71.71(c)(8),
which was modified in a previous final
rule.19 NRC agreed with a comment to
that rule that for a large and heavy
package, it is considered highly
implausible for a package to undergo a
one-foot corner drop as a normal
condition of transport, and that only a
free drop with the package in its normal
orientation should be specified as a
normal condition of transport for large
and heavy packages. NRC removed the
corner drop test for fiberboard, wood, or
fissile material rectangular packages
weighing more than 50 kg (110 lbs.), and
for fissile material cylindrical packages
weighing more than 100 kg (220 lbs.).
PHMSA agrees with NRC’s
determination and expects that the
proposed change will provide cost
savings to packaging manufacturers
without reducing safety.
Section 173.468
Section 173.468 contains the
requirements for the leaching test
required for LSA–III materials in
§ 173.403. As stated in the Section-bySection discussion for § 173.403,
PHMSA proposes to remove the
leaching test requirement. Therefore,
PHMSA proposes to remove and reserve
§ 173.468 in its entirety as it would no
longer be necessary.
Section 173.472
Section 173.472 provides the
requirements for exporting DOT
specification Type B packages. This
section is no longer necessary because
the HM–250 final rule 20 amended
§§ 173.416 and 173.417 to remove the
paragraphs that authorized use of DOT
specification Type B and fissile material
packages. Therefore, PHMSA proposes
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to remove and reserve this section in its
entirety.
Section 173.475
Section 173.475 contains the general
quality control requirements for
packages authorized to contain Class 7
(radioactive) materials. In this section,
PHMSA proposes to add a new
paragraph (j) that would require offerors
and shippers to assure that packages or
overpacks have been properly
maintained while in storage before
using those packages to transport Class
7 (radioactive) materials. This new
paragraph would require that packages
are maintained properly while in
storage, thus increasing safety by
reducing the likelihood that a package
would fail while in transportation.
PHMSA expects that there will be safety
benefits to packages that are properly
maintained in storage. This proposed
change would align with the 2018 SSR–
6, Rev. 1.
D. Part 174
Section 174.750
Section 174.750 contains the
requirements for rail incidents that
involve a hazardous materials leak.
PHMSA proposes to revise paragraph (a)
to reference § 173.443(e) when a leak of
Class 7 (radioactive) materials occurs.
Section 173.443(e) specifies the steps
that must be taken when a leak of Class
7 (radioactive) materials occurs. These
steps include limiting access to the
package or conveyance, determining the
resultant radiation level of the package
or conveyance, and—if applicable—
additional steps for the protection of
persons, property, and the environment.
This proposed change would provide
clarification and ensure that the
contamination control requirements for
Class 7 materials are more easily
accessible to rail carriers.
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E. Part 175
Section 175.705
Section 175.705 contains the
requirements for air carriers in the event
of radioactive contamination. PHMSA
proposes to revise paragraph (b) to
reference § 173.443(e) when a leak
occurs of Class 7 (radioactive) materials.
Section 173.443(e) specifies the steps
that must be taken when a leak of Class
7 (radioactive) materials occurs. These
steps include limiting access to the
package or conveyance, determining the
resultant radiation level of the package
or conveyance, and—if applicable—
additional steps for the protection of
persons, property, and the environment.
This proposed change would provide
clarification and ensure that the
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contamination control requirements for
Class 7 materials are more easily
accessible to air carriers.
F. Part 176
Section 176.715
Section 176.715 contains the
requirements for contamination control
aboard vessels. PHMSA proposes to
revise § 176.715 to reference
§ 173.443(e) when a leak occurs of Class
7 (radioactive) materials. Section
173.443(e) specifies the steps that must
be taken when a leak of Class 7
materials occurs. These steps include
limiting access to the package or
conveyance, determining the resultant
radiation level of the package or
conveyance, and—if applicable—
additional steps for the protection of
persons, property, and the environment.
This proposed change would provide
clarification and ensure that the
contamination control requirements for
Class 7 materials are more easily
accessible to vessel carriers.
G. Part 177
Section 177.843
Section 177.843 contains
requirements in the event of a motor
vehicle becoming contaminated.
PHMSA proposes to revise paragraph (c)
to reference § 173.443(e) when a leak
occurs of Class 7 (radioactive) materials.
Section 173.443 (e) specifies the steps
that must be taken when a leak of Class
7 materials occurs. These steps include
limiting access to the package or
conveyance, determining the resultant
radiation level of the package or
conveyance, and—if applicable—
additional steps for the protection of
persons, property, and the environment.
This proposed change would provide
clarification and ensure that the
contamination control requirements for
Class 7 materials are more easily
accessible to motor vehicle carriers.
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority
This NPRM is published under the
authority of Federal Hazardous
Materials Transportation Act (HMTA;
49 U.S.C. 5101–5127). Section 5103(b)
of the HMTA authorizes the Secretary of
Transportation to prescribe regulations
for the safe transportation of hazardous
materials in intrastate, interstate, and
foreign commerce. The Secretary’s
section 5103(b) authority includes the
authority to prescribe regulations to
provide for security in such
transportation. Additionally, 49 U.S.C.
5120 authorizes the Secretary to consult
with interested international authorities
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to ensure that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with the standards adopted
by international authorities. The
Secretary has delegated the authority
granted in the HMTA to the PHMSA
Administrator pursuant to 49 CFR
1.97(b).
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
Executive Order 12866 (‘‘Regulatory
Planning and Review’’) 21 requires
agencies to regulate in the ‘‘most costeffective manner,’’ to make a ‘‘reasoned
determination that the benefits of the
intended regulation justify its costs,’’
and to develop regulations that ‘‘impose
the least burden on society.’’ Similarly,
DOT Order 2100.6A (‘‘Policies and
Procedures for Rulemakings’’) requires
that PHMSA rulemaking actions include
‘‘an assessment of the potential benefits,
costs, and other important impacts of
the regulatory action,’’ and (to the extent
practicable) the benefits, costs, and any
significant distributional impacts,
including any environmental impacts.
Executive Order 12866 and DOT
Order 2100.6A require that PHMSA
submit ‘‘significant regulatory actions’’
to the Office of Management and Budget
(OMB) for review. This rulemaking is
not considered a significant regulatory
action under section 3(f) of Executive
Order 12866 and, therefore, was not
formally reviewed by OMB. This
rulemaking is also not considered a
significant rule under DOT Order
2100.6A.
The following is a brief summary of
costs, savings, and net benefits of some
of the amendments proposed in this
notice. PHMSA has developed a more
detailed analysis of these costs and
benefits in the preliminary regulatory
impact analysis (PRIA), a copy of which
has been placed in the docket.22
PHMSA seeks public comment on its
proposed revisions to the HMR and the
preliminary cost and benefit analyses in
the PRIA.
PHMSA proposes to amend the HMR
to maintain alignment with
international regulations and standards
and to make regulatory amendments
identified through internal regulatory
review processes to update, clarify,
correct, or streamline certain regulatory
requirements applicable to the
transportation of Class 7 (radioactive)
materials. These amendments would
maintain the continued high level of
21 58
FR 51735 (Oct. 4, 1993).
PRIA is available in the regulatory docket
(Docket ID: PHMSA–2018–0081) at
www.regulations.gov.
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safety in the transportation of hazardous
materials while producing a net cost
savings.
PHMSA quantifies $57,000 23 in net
cost savings over a 10-year period from
the incorporation of approximately 50 24
existing special permits through the
proposed amendments to add SCO–III
material and to allow stakeholders to
request an approval to allow certain
instruments or articles to have an
alternative activity limit for what is
considered an exempt material. Under
the proposal, these special permits
would no longer be needed for shippers
and transporters of radioactive materials
to comply with the HMR, eliminating
the burden of renewal. The following
55755
estimates do not include the nonmonetized and qualitative cost/cost
savings discussed in the PRIA. The
following Table 6.1 from the PRIA
presents a summary of monetized
impacts that contribute to PHMSA’s
estimation of quantified net cost
savings.
TABLE 6.1—PROPOSED SPECIAL PERMIT COST SAVINGS
[Total cost savings in 2021 dollars over 10 years at 3% and 7% discount rates]
Undiscounted
cost savings
Year
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2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
Discounted
cost saving
(3%)
Discounted
cost savings
(7%)
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
$6,886.1
6,886.1
6,886.1
6,886.1
6,886.1
6,886.1
6,886.1
6,886.1
6,886.1
6,886.1
$6,490.8
6,301.7
6,118.2
5,940.0
5,767.0
5,599.0
5,435.9
5,277.6
5,123.9
4,974.6
$6,014.6
5,621.1
5,253.3
4,4909.7
4,588.5
4,288.3
4,007.8
3,745.6
3,500.5
3,271.5
Total ......................................................................................................................................
68,860.7
57,028.7
45,200.8
Annualized ...................................................................................................................................
........................
6,685.5
6,435.6
PHMSA describes additional
provisions in the PRIA for which
PHMSA was unable to monetize their
cost savings impacts, but instead
provides a qualitative discussion.
Additional potential benefits identified
in this NPRM include enhanced safety
resulting from the consistency of
domestic and international
requirements for transportation of
radioactive materials and streamlining
regulatory compliance for shippers
engaged in domestic and international
commerce, including trans-border
shipments within North America. In
addition, the proposed changes should
permit continued access to foreign
markets by domestic shippers of
radiopharmaceuticals and other
radioactive materials. While information
gaps prevent quantification of cost
savings for these items, PHMSA believes
that they streamline unnecessary
requirements or provide additional
flexibility, while maintaining the same
high level of safety in the transportation
of hazardous materials.
As noted in Table 6.1, PHMSA
estimates annualized net cost savings of
approximately $6,700 at a 3% discount
rate. Please see the PRIA in the
regulatory docket for additional detail
and a description of PHMSA’s methods
and calculations. PHMSA encourages
23 The total cost savings is calculated using 2016
dollars.
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interested parties to provide information
and quantitative data relevant to the
proposals in this notice and the
associated costs and benefits described
in the preliminary regulatory evaluation
for this rulemaking.
C. Executive Order 13132
PHMSA analyzed this rulemaking in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’) 25 and its
implementing Presidential
Memorandum (‘‘Preemption’’).26
Executive Order 13132 requires agencies
to assure meaningful and timely input
by state and local officials in the
development of regulatory policies that
may have ‘‘substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.’’
The proposed rule would not have
substantial direct effects on the States,
the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. The Federal
hazardous materials transportation law
contains an express preemption
provision at 49 U.S.C. 5125(a) that
24 This number is based on an estimation by
subject matter experts from the Office of Hazardous
Materials Safety.
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preempts State, local, and Tribal
requirements if: (1) compliance with
such requirement makes compliance
with the DOT regulations issued under
the authority of the Federal hazardous
materials transportation law not
possible; or (2) compliance with such
requirement is an obstacle to carrying
out a regulation prescribed under the
authority of the Federal hazardous
materials transportation law. The
Federal hazardous materials
transportation law also contains an
express preemption provision at 49
U.S.C. 5125(b) that preempts State,
local, and Tribal requirements on
certain covered subjects, unless the nonFederal requirements are ‘‘substantively
the same’’ as the Federal requirements,
including the following:
(1) The designation, description, and
classification of hazardous material;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous material;
(3) The preparation, execution, and
use of shipping documents related to
hazardous material and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; and
25 64
26 74
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FR 43255 (Aug. 4, 1999).
FR 24693 (May 22, 2009).
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(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, recondition, repair, or
testing of a packaging or container
represented, marked, certified, or sold
as qualified for use in transporting
hazardous material in commerce.
This proposed rule addresses covered
subject items (1), (2), (3), and (5) and
would preempt any State, local, and
Tribal requirements not meeting the
‘‘substantively the same’’ standard. Any
preemption results directly from
operation of 49 U.S.C. 5125. In addition,
in this instance, the preemptive effect of
the proposed rule is limited to the
minimum level necessary to achieve the
objectives of the hazardous materials
transportation law under which the
final rule is promulgated. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
D. Executive Order 13175
PHMSA analyzed this rulemaking in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’) 27
and DOT Order 5301.1 (‘‘Department of
Transportation Policies, Programs, and
Procedures Affecting American Indians,
Alaska Natives, and Tribes’’).28
Executive Order 13175 and DOT Order
5301.1 require DOT Operating
Administrations to assure meaningful
and timely input from Native American
Tribal government representatives in the
development of rules that significantly
or uniquely affect Tribal communities
by imposing ‘‘substantial direct
compliance costs’’ or ‘‘substantial direct
effects’’ on such communities or the
relationship and distribution of power
between the federal government and
Native American Tribes.
PHMSA assessed the impact of the
rulemaking and determined that it
would not significantly or uniquely
affect Tribal communities or Native
American Tribal governments. The
changes to the HMR proposed in this
NPRM would have broad, national
scope. PHMSA does not expect this
rulemaking would significantly or
uniquely affect Tribal communities,
impose substantial compliance costs on
Native American Tribal governments, or
mandate Tribal action. And because
PHMSA expects the rulemaking would
not adversely affect the safe
transportation of hazardous materials
generally, PHMSA does not expect it
would entail disproportionately high
adverse risks for Tribal communities.
For these reasons, the funding and
consultation requirements of Executive
Order 13175 and DOT Order 5301.1 to
apply. However, PHMSA solicits
comment from Native American Tribal
governments and communities on
potential impacts of the proposed
rulemaking.
E. Regulatory Flexibility Act and
Executive Order 13272
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires agencies to
review proposed regulations to assess
their impact on small entities, unless
the agency head certifies that a
proposed rulemaking will not have a
significant economic impact on a
substantial number of small entities
including small businesses, not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations under 50,000. The
Regulatory Flexibility Act directs
agencies to consider exceptions and
differing compliance standards for small
businesses, where possible to do so and
still meet the objectives of applicable
regulatory statutes. Executive Order
13272 (‘‘Proper Consideration of Small
Entities in Agency Rulemaking’’) 29
requires agencies to establish
procedures and policies to promote
compliance with the Regulatory
Flexibility Act and to ‘‘thoroughly
review draft rules to assess and take
appropriate account of the potential
impact’’ of the rules on small
businesses, governmental jurisdictions,
and small organizations. The DOT posts
its implementing guidance on a
dedicated web page.30
This proposed rulemaking has been
developed in accordance with Executive
Order 13272 and with DOT’s procedures
and policies to promote compliance
with the Regulatory Flexibility Act to
ensure that potential impacts of draft
rules on small entities are properly
considered. This proposed rule
facilitates the transportation of
hazardous materials in international
commerce by providing consistency
with international standards. It applies
to offerors and carriers of hazardous
materials, some of whom are small
entities, such as suppliers, packaging
manufacturers, distributors, and training
companies. As discussed in the PRIA,
the amendments in this proposed rule
would result in net cost savings and
29 67
27 65
FR 67249 (Nov. 9, 2000).
28 Available at DOT Order 5301.1 American
Indians/Alaska Natives/Tribes | US Department of
Transportation.
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FR 53461 (Aug. 16, 2002).
‘‘Rulemaking Requirements Related to
Small Entities,’’ https://www.transportation.gov/
regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021).
30 DOT,
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streamline regulatory compliance for
shippers engaged in domestic and
international commerce, including
transborder shipments within North
America. PHMSA has identified six
provisions proposed in the NPRM that
may incur costs however as explained
in the PRIA it does not believe these
costs will be significant. Additionally,
the proposals in this notice would allow
U.S. companies, including small entities
competing in foreign markets, to
comply, to the maximum extent
possible, with a single system of
regulations. The proposals would also
maintain the high level of safety in the
transport of hazardous materials.
Therefore, PHMSA tentatively certifies
that these amendments will not, if
adopted, have a significant economic
impact on a substantial number of small
entities. However, PHMSA solicits
comments on the anticipated economic
impacts to small entities and which
entities will be affected.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), no
person is required to respond to an
information collection unless it has
been approved by the Office of
Management and Budget (OMB) and
displays a valid OMB control number.
Pursuant to 44 U.S.C. 3506(c)(2)(B) and
5 CFR 1320.8(d), PHMSA must provide
interested members of the public and
affected agencies with an opportunity to
comment on information collection and
recordkeeping requests.
PHMSA has analyzed this NPRM in
accordance with the Paperwork
Reduction Act. PHMSA currently
accounts for shipping paper burdens
under OMB Control Number 2137–0034,
‘‘Hazardous Materials Shipping Papers
and Emergency Response Information.’’
PHMSA proposes two amendments in
this NPRM that may impact burden
accounted for in OMB Control Number
2137–0034. The first is the proposed
revision to § 172.203(d) to allow a
shipper to list the label type and
transport index of an overpack on the
shipping paper, instead of for the
individual packages contained in the
overpack. The second is the proposed
requirement for a shipper to list the
nuclide names for fissile Class 7
(radioactive) material on the shipping
paper even if it is not required for the
package in accordance with § 172.203.
PHMSA expects the proposed change
regarding an overpack’s transport index
will result in an overall reduction in
burden while the nuclides proposed
change will result in a small increase in
burden. PHMSA analyzed these
proposals and expects the impact to the
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overall annual burden will be negligible
in relation to the total number of burden
hours currently associated with this
information collection because PHMSA
anticipates that the proposed change
which will increase burden will affect
less than 10 shipments per year.
PHMSA seeks comment on any
expected cost of the proposed change
requiring a shipper to list nuclide
names.
PHMSA accounts for burden
associated with Class 7 (radioactive)
materials reporting and recordkeeping
requirements under OMB Control
Number 2137–0510 ‘‘RAM
Transportation Requirements.’’ PHMSA
proposes to revise § 173.448 to require
that overpacks be marked with the
consigner and consignee name and
address when the mark is not visible.
PHMSA expects that this proposed
revision will increase burden under
OMB Control Number 2137–0510.
PHMSA estimates that there are 10
respondents offering radioactive
materials in overpacks. Each of these
respondents will be required to mark
the consigner and consignee name and
address on 50 overpacks per year, for a
total of 500 annual responses (10
respondents × 50 overpacks per
respondent). PHMSA estimates that it
will take one (1) minute to mark each
overpack with the consigner and
consignee name and address, resulting
in an increase of approximately eight (8)
annual burden hours. The following
summarizes the estimated increase in
burden associated with OMB Control
Number 2137–0510:
Annual Increase in Number of
Respondents: 10.
Annual Increase in Number of
Responses: 500.
Annual Increase in Burden Hours:
Eight (8).
PHMSA requests comments on the
information collection and
recordkeeping burdens associated with
developing, implementing, and
maintaining these proposed
requirements. Address written
comments to the DOT Docket
Operations Office identified in the
ADDRESSES section of this rulemaking.
PHMSA must receive comments
regarding information collection
burdens prior to the close of the
comment period identified in the DATES
section of this rulemaking. Requests for
a copy of this information collection
should be directed to Steven Andrews,
ohmspra@dot.gov, Standards and
Rulemaking Division (PHH–10),
Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. If these proposed amendments are
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adopted in a final rule, PHMSA will
submit the revised information
collection and recordkeeping
requirements to OMB for approval.
G. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA; 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of
federal regulatory actions on state, local,
and Tribal governments, and the private
sector. For any NPRM or final rule that
includes a federal mandate that may
result in the expenditure by state, local,
and Tribal governments, or by the
private sector of $100 million or more
in 1996 dollars in any given year, the
agency must prepare, amongst other
things, a written statement that
qualitatively and quantitatively assesses
the costs and benefits of the federal
mandate.
As explained in the PRIA, available
for review in the docket, this proposed
rulemaking does not impose unfunded
mandates under the UMRA. It does not
result in costs of $100 million or more
in 1996 dollars to either state, local, or
Tribal governments, or to the private
sector, in any one year. Therefore, the
analytical requirements of UMRA do not
apply.
H. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.), requires that federal agencies
analyze proposed actions to determine
whether the action would have a
significant impact on the human
environment. The Council on
Environmental Quality implementing
regulations (40 CFR parts 1500–1508)
require Federal agencies to conduct an
environmental review considering (1)
the need for the action, (2) alternatives
to the action, (3) probable
environmental impacts of the action and
alternatives, and (4) the agencies and
persons consulted during the
consideration process. DOT Order
5610.1C (‘‘Procedures for Considering
Environmental Impacts’’) establishes
departmental procedures for evaluation
of environmental impacts under NEPA
and its implementing regulations.
1. Purpose and Need
This NPRM would amend the HMR to
maintain alignment with international
consensus standards by incorporating
into the HMR various amendments from
the International Atomic Energy Agency
(IAEA) publication, entitled
‘‘Regulations for the Safe Transport of
Radioactive Material, 2018 Edition,
Specific Safety Requirements, No. SSR–
6 (Rev. 1).’’ PHMSA proposes additional
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55757
amendments that are intended to
update, clarify, correct, or streamline
certain regulatory requirements.
PHMSA notes that the amendments
proposed in this NPRM are intended to
result in cost savings and reduced
regulatory burden for shippers engaged
in domestic and international
commerce, including transborder
shipments within North America.
Absent adoption of the amendments
proposed in the NPRM, U.S.
companies—including numerous small
entities competing in foreign markets—
may be at an economic disadvantage
because of their need to comply with a
dual system of regulations.
As explained at greater length above
in the preamble of this NPRM and in the
PRIA (each of which are incorporated by
reference in this discussion of the
environmental impacts of the Proposed
Action Alternative), PHMSA expects the
adoption of the regulatory amendments
proposed in this NPRM would maintain
the high safety standard currently
achieved under the HMR. PHMSA has
evaluated the safety each of the
amendments proposed in this NPRM on
its own merit, as well as the aggregate
impact on transportation safety from
adoption of those amendments.
2. Alternatives
In developing this proposed rule,
PHMSA considered the following
alternatives:
No Action Alternative
If PHMSA were to select the No
Action Alternative, current regulations
would remain in place and no
provisions would be amended or added.
Proposed Action Alternative
This alternative is the current
proposal as it appears in this NPRM,
applying to transport of hazardous
materials by various transport modes
(highway, rail, vessel, and aircraft). The
proposed amendments included in this
alternative are more fully discussed in
the preamble and regulatory text
sections of this NPRM. This proposed
action amends certain requirements
related to the shipment of Class 7
(radioactive) materials including various
provisions that will increase safety
standards and improve enforceability
such as:
• § 173.410—PHMSA is proposing a
new paragraph which will require each
packages used for the shipment of Class
7 (radioactive) materials to be designed
so that the effect of aging mechanisms
(e.g., corrosion, abrasion, fatigue, crack
propagation, changes of material
compositions or mechanical properties
due to thermal loadings or radiation,
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generation of decomposition gas, etc.)
and their impact on the functions
important to safety is considered.
• § 173.453(d)—PHMSA is proposing
to add an additional requirement to this
exception requiring fissile material to be
distributed homogeneously and to not
form a lattice arrangement within the
package.
Furthermore, this NPRM proposes to
amend the following provisions, which
PHMSA will explain in greater detail
the following section analyzing
environmental impacts.
• § 173.403—PHMSA is proposing to
remove the requirement for compliance
with § 173.468, which requires the
material to be insoluble or be
intrinsically contained in a way that
prevents leaching when placed in water.
• § 173.427—PHMSA is proposing to
add a new category of materials, SCO–
III that were previously authorized for
transport by special permit.
• §§ 173.435 and 173.436—PHMSA is
proposing to add various radionuclides
to the ‘‘Table of A1 and A2 values for
radionuclides’’ and the ‘‘Exempt
material activity concentrations and
exempt consignment activity limits for
radionuclides.’’
• § 173.453—PHMSA is proposing to
add two entries, ‘‘uranium with
enrichment up to five percent’’ and
‘‘fissile material with no more than 140
grams fissile nuclides’’ to the list of
fissile materials excepted from the
requirements of subpart I, Class 7
(Radioactive Materials).
• § 173.465—PHMSA is proposing to
exempt certain packages ‘‘not
exceeding’’ 50 kg (110 lbs.) and 100 kg
(220 lbs.) from the requirement to
perform a free drop test.
3. Analysis of Environmental Impacts
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No Action Alternative
If PHMSA were to select the No
Action Alternative the HMR would
remain unchanged, and no provisions
would be amended or added. Any
economic benefits gained through
harmonization of the HMR with
updated international consensus
standards governing shipping of
hazardous materials would not be
realized. Under this alternative, PHMSA
would not exempt certain materials
from regulatory requirements including
certain package tests, storage
requirements, and compliance with
subpart I for certain specified fissile
materials that PHMSA believes are not
needed for safety.
Additionally, the No Action
Alternative would not adopt enhanced
and clarified regulatory requirements
expected to maintain the high level of
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safety in transportation of hazardous
materials provided by the HMR. As
explained in the preamble to the NPRM,
consistency between the HMR and
current international standards can
enhance safety by (1) ensuring that the
HMR is informed by the latest best
practices and lessons learned; (2)
improving understanding of and
compliance with pertinent
requirements; (3) enabling consistent
emergency response procedures in the
event of a hazardous materials incident;
and (4) facilitating the smooth flow of
hazardous materials from their points of
origin to their points of destination,
thereby avoiding risks to the public and
the environment from release of
hazardous materials from delays or
interruptions in the transportation of
those materials. PHMSA would not
capture those benefits if it declines to
incorporate updated international
standards into the HMR under the No
Action Alternative.
PHMSA expects that the No Action
Alternative could have a modest impact
on GHG emissions. Because PHMSA
expects the differences between the
HMR and international standards for
transportation of hazardous materials
could result in transportation delays or
interruptions, PHMSA anticipates that
there could be modestly higher GHG
emissions from some combination of (1)
transfer of delayed hazardous materials
to and from interim storage, (2) return
of improperly shipped materials to their
point of origin, and (3) reshipment of
returned materials. PHMSA notes that it
is unable to quantify such GHG
emissions because of the difficulty in
identifying the precise quantity or
characteristics of such interim storage or
returns/reshipments. PHMSA also
submits that, to the extent that there are
any delays arising from inconsistencies
between the HMR and recently updated
international standards, there could also
be adverse impacts from the No Action
Alternative for minority populations,
low-income populations, or other
underserved and other disadvantaged
communities.
Proposed Action Alternative
As described above, PHMSA is
proposing the following changes to the
HMR in this NPRM. While the following
provisions are intended to reduce
economic and logistical burdens,
PHMSA also believes that these changes
are justified by various studies and will
not have a significant impact on safety.
• § 173.403—PHMSA is proposing to
remove the requirement for compliance
with § 173.468, which requires the
material to be insoluble or be
intrinsically contained in a way that
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prevents leaching when placed in water.
A paper submitted to IAEA which
prompted this change showed that an
inhalation dose under mechanical
accident conditions of transport
significantly depends on the physical
form of the LSA material. The essential
difference between LSA–II and LSA–III
materials is that LSA–III is limited to
solid material excluding powder. The
results of the investigation conducted by
the German authority who submitted
the paper have shown that the amount
of airborne material released following
mechanical accident conditions of
transport that could be inhaled is lower
by at least a factor of 100 for LSA–III
solids than for LSA–II solids in powder
form. This much lower airborne release
for LSA–III material due to its nonreadily dispersible form compensates
more than enough for its allowable 20fold increase in average specific activity
compared to LSA–II solid in powder
form. Therefore, there is no need to take
any credit from a leaching test to justify
this allowable 20-fold increase in
average specific activity between LSA–
III and LSA–II, and the removal of this
test will not lead to any decreases in
safety or increases in radiation release
or exposure.31
• 173.427—PHMSA is proposing to
add a new category of materials, SCO–
III that were previously authorized for
transport by special permit. The
proposed language requires that offerors
of this material must provide an
equivalent level of safety at least
equivalent to that which would be
provided if the SCO–III had been
subjected to the test required in
§ 173.465(b), followed by the test
required in § 173.465(e). The transport
plan must also demonstrate that there
would be no loss or dispersal of the
radioactive contents and no more than
a 20% increase in the maximum dose
rate at any external surface of the object.
The information confirming the
equivalent level of safety must be
compiled into a transport plan along
with other info and be submitted to
PHMSA for approval before every
shipment of SCO–III. PHMSA can then
determine if the shipment is safe
enough to go forward. These measures
will ensure that any SCO–III shipments
do not impose undue risk to the public
in transportation.
• §§ 173.435 and 173.436—Adds
various radionuclides to the ‘‘Table of
A1 and A2 values for radionuclides’’ and
the ‘‘Exempt material activity
31 Bu
¨ ttner, Uwe, Frank Nitsche, Ingo Reiche,
Bruno Desnoyers, and Florentint Lange. Working
paper. Review of LSA–II/LSA–III Concept—Deletion
of the LSA–III Leaching Test. Cologne, Germany,
2015.
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concentrations and exempt consignment
activity limits for radionuclides’’ Table.
This change allows for 7 new
radionuclides to utilize their new
unique A1 and A2 values instead of the
generic values of tables 7 and 8 allowing
for greater ease of shipment and
removing the possible need for decay
prior to shipment, the use of multiple
Type A Packages, or the use of Type B
packages, as well as leading to possible
miscommunication of the relative
hazards. While any increase in
transportation of radioactive materials
inherently increases the risk of release
and exposure to radiation, the proposed
limits in the tables of §§ 173.435 and
173.436 combined with the established
HMR framework for transporting Class 7
(radioactive) maintain the existing level
of safety and chance of exposure due to
accidental release.
• § 173.453 Fissile materials—
exceptions. PHMSA is proposing to add
two entries, ‘‘uranium with enrichment
up to 5 percent’’ and ‘‘fissile material
with no more than 140 grams fissile
nuclides’’ to the list of fissile materials
excepted from the requirements of
subpart I for fissile materials, including
the requirements of §§ 173.457 and
173.459, but are subject to all other
requirements of this subpart.
Fissile materials present two potential
risks. The first is radiation like any
other Class 7, radioactive material. The
second is the risk of the material going
critical, which is unique to fissile
materials. The fissile exempt materials
of § 173.453 are not given an exemption
from all of subpart I, just the fissile
material requirements. Typically, these
materials must be placed in a type A
package. However, quantity specified in
(g) is so small that NRC does not see any
issues with radiation provided it is
packaged as required. As for criticality,
as stated in the preamble, the additional
neutron absorption provided by
uranium-238 in 5.0 weight percent
enriched uranium compensates for the
additional 1.5 grams of uranium-235
mass (i.e., up to 3.5 grams uranium-235
per package), when compared to the 49
CFR 173.453(a) limit of 2.0 grams.
As for paragraph (h), ‘‘fissile material
with no more than 140 grams fissile
nuclides,’’ this mass value, higher than
that contained in IAEA SSR–6 (Rev. 1)
paragraph 417(e) is justified, given the
conservatism inherent in the exclusive
use restriction of the SSR–6 (Rev. 1)
provision and because plutonium-239
would have to be shipped in a Type B
package that could withstand
hypothetical accident conditions.
Therefore, PHMSA and NRC propose a
limit of 140 grams of fissile material.
When determining the proposed limit,
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NRC considered uranium-235 rather
than plutonium-239, as any amount of
plutonium-239 over 0.435 grams is
considered Type B, which would have
to be packaged to withstand both
normal and hypothetical accident
conditions of transport. This limit is
based on one fifth of a consensus
minimum critical mass of uranium-235
under optimum conditions. This mass
represents a conservative limit for fissile
material, because five times this amount
would remain subcritical under any
conditions.
Because plutonium would not qualify
for this exception, the NRC used
uranium as the basis for their
calculations. The packaging and
exclusive use requirements make up for
the exception, and there is no risk of
criticality, as it would take about five
times more material for that to be a
concern. For these reasons, based on the
expertise of NRC and PHMSA, these
changes will not cause an undue
increase in risk of exposure.
• § 173.465 Type A packaging tests—
This proposed change exempts certain
packages ‘‘not exceeding’’ 50 kg (110
lbs.) for rectangular packages and 100 kg
(220 lbs.) for cylindrical packages from
the requirement to perform one of two
free drop tests. This limitation on the
corner drop test already exists in the
HMR for Type-A packagings to contain
non-fissile materials and for all
packagings subject to the ‘‘normal
conditions of transport’’ tests in NRC’s
regulations in 10 CFR 71.71. PHMSA
and NRC believe that it would be very
unlikely for packages meeting those
weight thresholds to undergo sustained
corner or rim drops due to the weight
of the package and how heavy packages
are physically handled in the supply
chain. Type A packagings below the
given weight thresholds are still
required to be capable of withstanding
a drop from 1.2 meters (four feet) in a
manner so as to suffer maximum
damage to the safety features being
tested.
As explained further in the discussion
of the No Action Alternative, the
preamble, and the PRIA, PHMSA
anticipates the changes proposed under
the Proposed Action Alternative will
maintain the high safety standards
currently achieved under the HMR.
Harmonization of the HMR with
updated international consensus
standards is also expected to capture
economic efficiencies gained from
avoiding shipping delays and
compliance costs associated with having
to comply with divergent U.S. and
international regulatory regimes for
transportation of hazardous materials.
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PHMSA expects that the Proposed
Action Alternative could realize modest
reductions in GHG emissions. Because
PHMSA expects the differences between
the HMR and international standards for
transportation of hazardous materials
could result in delays or interruptions,
PHMSA anticipates that the No Action
Alternative could result in modestly
higher GHG emissions from some
combination of (1) transfer of delayed
hazardous materials to and from interim
storage, (2) return of improperly
shipped materials to their point of
origin, or (3) reshipment of returned
materials. The Proposed Action
Alternative avoids those risks resulting
from divergence of the HMR from
updated international standards.
PHMSA notes, however, that it is unable
to quantify any GHG emissions benefits
because of the difficulty in identifying
the precise quantity or characteristics of
such interim storage or returns/reshipments. PHMSA also submits that
the Proposed Action Alternative would
avoid any delayed or interrupted
shipments arising from the divergence
of the HMR from updated international
standards under the No Action
Alternative that could result in adverse
impacts for minority populations, lowincome populations, or other
underserved and other disadvantaged
communities.
4. Agency Consultation
PHMSA has coordinated with NRC in
the development of this proposed rule.
PHMSA will consider the views
expressed in response to this Notice
submitted by members of the public,
state and local governments, industry,
and any other interested stakeholders.
5. Proposed Finding of No Significant
Impact
PHMSA expects the adoption of the
Proposed Action Alternative’s
regulatory amendments will maintain
the HMR’s current high level of safety
for shipments of hazardous materials
transported by highway, rail, aircraft,
and vessel, and as such finds the HMR
amendments in the NPRM would have
no significant impact on the human
environment. PHMSA expects that the
Proposed Action Alternative will avoid
adverse safety, environmental justice,
and GHG emissions impacts of the No
Action Alternative. Furthermore, based
on PHMSA’s analysis of these
provisions described above, PHMSA
tentatively finds that codification and
implementation of this rule would not
result in a significant impact to the
human environment.
PHMSA welcomes any views, data, or
information related to environmental
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impacts that may result from NPRM’s
proposed requirements, the No Action
Alternative, and other viable
alternatives and their environmental
impacts.
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I. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform any amendments to the
HMR considered in this rulemaking.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS). DOT’s complete Privacy Act
Statement is in the Federal Register
published on April 11, 2000,32 or on
DOT’s website at https://www.dot.gov/
privacy.
J. Executive Order 13609 and
International Trade Analysis
Executive Order 13609 (‘‘Promoting
International Regulatory
Cooperation’’) 33 requires that agencies
consider whether the impacts associated
with significant variations between
domestic and international regulatory
approaches are unnecessary or may
impair the ability of American business
to export and compete internationally.
In meeting shared challenges involving
health, safety, labor, security,
environmental, and other issues,
international regulatory cooperation can
identify approaches that are at least as
protective as those that are or would be
adopted in the absence of such
cooperation. International regulatory
cooperation can also reduce, eliminate,
or prevent unnecessary differences in
regulatory requirements.
Similarly, the Trade Agreements Act
of 1979 (Pub. L. 96–39), as amended by
the Uruguay Round Agreements Act
(Pub. L. 103–465) (as amended, the
Trade Agreements Act), prohibits
agencies from establishing any
standards or engaging in related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Pursuant to the Trade
Agreements Act, the establishment of
standards is not considered an
unnecessary obstacle to the foreign
commerce of the United States, so long
as the standards have a legitimate
domestic objective, such as providing
for safety, and do not operate to exclude
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
PHMSA participates in the
establishment of international standards
to protect the safety of the American
public, and it has assessed the effects of
the proposed rule to ensure that it does
not cause unnecessary obstacles to
foreign trade. In fact, the proposed rule
is expected to facilitate international
trade by harmonizing U.S. and
international requirements for the
transportation of hazardous materials.
The rule is expected to reduce
regulatory burdens and minimize delays
arising from having to comply with
divergent regulatory requirements.
Accordingly, this rulemaking is
consistent with Executive Order 13609
and PHMSA’s obligations under the
Trade Agreements Act.
K. Executive Order 12898 and
Environmental Justice
Executive Orders 12898 (‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’),34 13985
(‘‘Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government’’),35 13990
(‘‘Protecting Public Health and the
Environment and Restoring Science to
Tackle the Climate Crisis’’),36 14008
(‘‘Tackling the Climate Crisis at Home
and Abroad’’),37 and DOT Order
5610.2C (‘‘Department of Transportation
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’) require DOT
agencies to achieve environmental
justice as part of their mission by
identifying and addressing, as
appropriate, disproportionately high
and adverse human health or
environmental effects, including
interrelated social and economic effects,
of their programs, policies, and
activities on minority populations, lowincome populations, and other
underserved and disadvantaged
communities.
PHMSA has evaluated this proposed
rule under the above Executive Orders
and DOT Order 5610.2C and expects it
would not cause disproportionately
high and adverse human health and
environmental effects on minority, lowincome, underserved, and other
disadvantaged populations, and
communities. The proposed action may
even reduce GHG emissions by reducing
delays in transportation arising from
having to comply with divergent
regulatory requirements. The
rulemaking is facially neutral and
34 59
FR 7629 (Feb. 16, 1994).
FR 7009 (Jan. 25, 2021).
36 86 FR 7037 (Jan. 25, 2021).
37 86 FR 7619 (Feb. 1, 2021).
35 86
32 65
33 77
FR 19477 (Apr. 11, 2000).
FR 26413 (May. 4, 2012).
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national in scope; it is neither directed
toward a particular population, region,
or community, nor is it expected to
adversely impact any particular
population, region, or community. And
insofar as PHMSA expects the
rulemaking would not adversely affect
the safe transportation of hazardous
materials generally, PHMSA does not
expect the proposed revisions would
entail disproportionately high adverse
risks for minority populations, lowincome populations, or other
underserved and disadvantaged
communities.
L. National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal
agencies to use voluntary consensus
standards in their regulatory activities
unless doing so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards—e.g.,
specification of materials, test methods,
or performance requirements—that are
developed or adopted by voluntary
consensus standard bodies. This
rulemaking adopts the most current
versions of multiple voluntary
consensus standards which are
discussed at length in the discussion in
§ 171.7. See Section 171.7 of the
Section-by-Section Review for further
details.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Markings, Packaging, and
containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 174
Hazardous materials transportation,
Radioactive materials, Railroad safety.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Radioactive materials,
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Reporting and recordkeeping
requirements.
49 CFR Part 176
Hazardous materials transportation,
Maritime carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 177
Hazardous materials transportation,
Motor carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
PHMSA proposes to amend 49 CFR
Chapter I as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4; Pub. L. 104–134,
section 31001; Pub. L. 114–74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
2. In § 171.7 revise paragraphs (d) and
(s)(1) to read as follows:
■
§ 171.7
Reference material.
*
*
*
*
*
(d) American National Standards
Institute, Inc., 25 West 43rd Street, New
Symbols
Hazardous materials descriptions and proper
shipping names
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(1)
Hazard
class or
division
(2)
Identification
Nos.
(3)
(4)
*
(5)
(6)
UN2913
*
........
7
*
Radioactive material, uranium
hexafluoride
non fissile or
fissile-excepted.
*
7
UN2978
*
........
7, 6.1, 8
*
*
Special provisions.
*
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*
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*
325, A56
4. In § 172.101, revising in paragraph
(l) the ‘‘Hazardous Materials Table’’ to
read as follows:
■
§ 172.101 Purpose and use of hazardous
materials table.
*
*
*
(l) * * *
§ 172.101
*
*
Hazardous Materials Table
(10)
Packaging
(§ 173.***)
Quantity limitations
(see §§ 173.27 and
175.75)
Vessel stowage
Bulk
Passenger
aircraft/
rail
Cargo
aircraft
only
Location
Other
(8A)
(8B)
(8C)
(9A)
(9B)
(10A)
(10B)
*
421, 422,
428
427
427
*
................
............
420
420
*
................
............
*
423
*
*
*
*
*
*
139 Use of the ‘‘special
arrangement’’ proper shipping names
for international shipments must be
made under an IAEA Certificate of
Fmt 4702
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81, 1.96 and 1.97.
Nonbulk
*
Frm 00054
3. The authority citation for part 172
continues to read as follows:
■
(9)
Code/Special Provisions
PO 00000
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
(8)
*
*
Regulations for the Safe Transport of
Radioactive Material; Specific Safety
Requirements No. SSR–6 (Rev.1), (IAEA
Regulations), 2018 Edition, into
§§ 171.22; 171.23; 171.26; 173.403,
173.415; 173.416; 173.417; 173.435;
173.473.
*
*
*
*
*
Exceptions
(7)
*
7
5. In § 172.102, in paragraph (c)(1)
revise ‘‘Special provision 139’’ to read
as follows:
*
PG
Special
provisions
(§ 172.102)
Label
codes
*
Radioactive material, surface
contaminated
objects (SCO–
I or SCO–II or
SCO–III) non
fissile or
fissile-excepted.
■
§ 172.102
York, NY 10036, 212–642–4980, https://
ansi.org.
(1) ANSI/ASHRAE 15–94, Safety Code
for Mechanical Refrigeration, 1944, into
§§ 173.306; 173.307.
(2) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
1971 Edition, into § 173.420.
(3) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
1982 Edition, into § 173.420.
(4) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
1987 Edition, into § 173.420.
(5) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
1990 Edition, into § 173.420.
(6) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
1995 Edition, into § 173.420.
(7) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
2001 Edition, into § 173.420.
(8) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
2012 Edition, into § 173.420.
(9) ANSI N14.1 Uranium
Hexafluoride—Packaging for Transport,
2019 Edition, into § 173.420.
*
*
*
*
*
(s) * * *
(1) IAEA Safety Standards for
Protecting People and the Environment;
Sfmt 4702
*
*
A
95
B
40, 74,
95,
132,
151,
153
*
*
Competent Authority issued by the
Associate Administrator in accordance
with the requirements in §§ 173.471 or
173.473 of this subchapter. Use of these
proper shipping names for domestic
shipments may be made only under a
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DOT special permit, as defined in and
in accordance with, the requirements of
subpart B of part 107 of this subchapter.
*
*
*
*
*
■ 6. In § 172.203, revise paragraphs
(d)(4) through (6) to read as follows:
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81, 1.96, and 1.97.
§ 172.203 Additional description
requirements.
*
*
*
*
*
*
(d) * * *
(4) The category of label applied to
each package or overpack in the
shipment. For example:
‘‘RADIOACTIVE WHITE–I,’’ or
‘‘WHITE–I.’’
(5) The transport index assigned to
each package or overpack in the
shipment bearing RADIOACTIVE
YELLOW–II or RADIOACTIVE
YELLOW–III labels.
(6) For a package containing fissile
Class 7 (radioactive) material:
(i) The words ‘‘Fissile Excepted’’ if
the package is excepted pursuant to
§ 173.453 of this subchapter; or
otherwise.
(ii) The criticality safety index for the
package and a list of the fissile nuclides
contained in the package.
*
*
*
*
*
■ 7. In § 172.310, revise paragraphs (b)
and (e) to read as follows:
§ 172.310
Class 7 (radioactive) materials.
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*
*
*
*
*
(b) Each industrial, Type A, Type
B(U), or Type B(M) package must be
legibly and durably marked on the
outside of the packaging, in letters at
least 12 mm (0.47 in) high, with the
words ‘‘TYPE IP–1,’’ ‘‘TYPE IP–2,’’
‘‘TYPE IP–3,’’ ‘‘TYPE A,’’ ‘‘TYPE B(U),’’
or ‘‘TYPE B(M),’’ as appropriate. A
package which does not conform to
Type IP–1, Type IP–2, Type IP–3, Type
A, Type B(U), or Type B(M)
requirements may not be so marked.
Any marking relating to the package
type that does not relate to the UN
number and proper shipping name
assigned to a consignment shall be
removed or covered prior to shipment.
*
*
*
*
*
(e) Each Type B(U), Type B(M), or
fissile material package destined for
export shipment must also be marked
‘‘USA’’ in conjunction with the
specification marking, or other package
certificate identification. (See
§§ 173.471 and 173.473 of this
subchapter.)
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
8. The authority citation for part 173
continues to read as follows:
■
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9. In § 173.401, revise paragraph (b)(4)
and add paragraph (6) to read as
follows:
■
§ 173.401
Scope.
*
*
*
*
(b) * * *
(4) Natural material and ores
containing naturally occurring
radionuclides which may or may not
have been processed, provided the
activity concentration of the material
does not exceed 10 times the exempt
material activity concentration values
specified in § 173.436, or determined in
accordance with the requirements of
§ 173.433.
*
*
*
*
*
(6) Class 7 (radioactive) material in or
on a person who is to be transported for
medical treatment because the person
has been subject to accidental or
deliberate intake of radioactive material
or contamination.
■ 10. Amend § 173.403 by:
■ a. Adding a definition for ‘‘Dose rate’’
in alphabetical order; and
■ b. Revising the definitions for ‘‘Low
Specific Activity (LSA) materials’’,
‘‘Special form Class 7 (radioactive)
material’’, and ‘‘Surface Contaminated
Object (SCO)’’.
The additions and revisions read as
follows:
§ 173.403
Definitions.
*
*
*
*
*
Dose rate See the definition of
Radiation level in this section.
*
*
*
*
*
Low Specific Activity (LSA) material
means Class 7 (radioactive) material
with limited specific activity which is
not fissile material or is excepted under
§ 173.453, and which satisfies the
descriptions and limits set forth below.
Shielding material surrounding the LSA
material may not be considered in
determining the estimated average
specific activity of the LSA material.
LSA material must be in one of three
groups:
(1) LSA–I:
(i) Uranium and thorium ores,
concentrates of uranium and thorium
ores, and other ores containing naturally
occurring radionuclides which are
intended to be processed for the use of
these radionuclides; or
(ii) Natural uranium, depleted
uranium, natural thorium or their
compounds or mixtures, provided they
are unirradiated and in solid or liquid
form; or
(iii) Radioactive material for which
the A2 value is unlimited; or
PO 00000
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Fmt 4702
Sfmt 4702
(iv) Other radioactive material in
which the activity is distributed
throughout, and the estimated average
specific activity does not exceed 30
times the values for activity
concentration specified in § 173.436 or
calculated in accordance with § 173.433,
or 30 times the default values listed in
Table 8 of § 173.433.
(2) LSA–II:
(i) Water with tritium concentration
up to 0.8 TBq/L (20.0 Ci/L); or
(ii) Other radioactive material in
which the activity is distributed
throughout, and the average specific
activity does not exceed 10¥4 A2/g for
solids and gases, and 10¥5 A2/g for
liquids.
(3) LSA–III. Solids (e.g., consolidated
wastes, activated materials, etc.),
excluding powders, in which:
(i) The radioactive material is
distributed throughout a solid or a
collection of solid objects, or is
essentially uniformly distributed in a
solid compact binding agent (such as
concrete, bitumen, ceramic, etc.); and
(ii) The estimated average specific
activity of the solid, excluding any
shielding material, does not exceed 2 ×
10¥3 A2/g.
*
*
*
*
*
Special form Class 7 (radioactive)
material means either an indispersible
solid radioactive material or a sealed
capsule containing radioactive material
which satisfies the following conditions:
(1) It is either a single solid piece or
a sealed capsule containing radioactive
material that can be opened only by
destroying the capsule;
(2) The piece or capsule has at least
one dimension not less than 5 mm (0.2
in); and
(3) It satisfies the test requirements of
§ 173.469. Special form encapsulations
designed in accordance with the
requirements of § 173.403 in effect from
April 1, 1996 to [date one-day prior to
the effective date of the final rule] may
continue to be used when in compliance
with a management system as required
by IAEA Regulations (incorporated by
reference; see § 171.7 of this subchapter)
paragraph 306. There shall be no new
manufacture of special form radioactive
material to a design allowed by the
regulations in effect prior to October 1,
2004. No new manufacture of special
form radioactive material to a design
allowed by the regulations in effect from
October 1, 2004 to [date one-day prior
to the effective date of the final rule]
shall be permitted to commence after
December 31, 2025. Any other special
form encapsulation must meet the
requirements of this paragraph (3).
*
*
*
*
*
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Surface Contaminated Object (SCO)
means a solid object which is not itself
radioactive, but which has radioactive
material distributed on its surface. SCO
shall be in one of three groups:
(1) SCO–I: A solid object on which:
(i) The non-fixed contamination on
the accessible surface averaged over 300
cm2 (or the area of the surface if less
than 300 cm2) does not exceed 4 Bq/cm2
(10¥4 microcurie/cm2) for beta and
gamma and low toxicity alpha emitters,
or 0.4 Bq/cm2 (10¥5 microcurie/cm2) for
all other alpha emitters;
(ii) The fixed contamination on the
accessible surface averaged over 300
cm2 (or the area of the surface if less
than 300 cm2) does not exceed 4 × 104
Bq/cm2 (1.0 microcurie/cm2) for beta
and gamma and low toxicity alpha
emitters, or 4 × 103 Bq/cm2 (0.1
microcurie/cm2) for all other alpha
emitters; and
(iii) The non-fixed contamination plus
the fixed contamination on the
inaccessible surface averaged over 300
cm2 (or the area of the surface if less
than 300 cm2) does not exceed 4 × 104
Bq/cm2 (1 microcurie/cm2) for beta and
gamma and low toxicity alpha emitters,
or 4 × 103 Bq/cm2 (0.1 microcurie/cm2)
for all other alpha emitters.
(2) SCO–II: A solid object on which
the limits for SCO–I are exceeded and
on which:
(i) The non-fixed contamination on
the accessible surface averaged over 300
cm2 (or the area of the surface if less
than 300 cm2) does not exceed 400 Bq/
cm2 (10¥2 microcurie/cm2) for beta and
gamma and low toxicity alpha emitters,
or 40 Bq/cm2 (10¥3 microcurie/cm2) for
all other alpha emitters;
(ii) The fixed contamination on the
accessible surface averaged over 300
cm2 (or the area of the surface if less
than 300 cm2) does not exceed 8 × 105
Bq/cm2 (20 microcurie/cm2) for beta
and gamma and low toxicity alpha
emitters, or 8 × 104 Bq/cm2 (2
microcuries/cm2) for all other alpha
emitters; and
(iii) The non-fixed contamination plus
the fixed contamination on the
inaccessible surface averaged over 300
cm2 (or the area of the surface if less
than 300 cm2) does not exceed 8 × 105
Bq/cm2 (20 microcuries/cm2) for beta
and gamma and low toxicity alpha
emitters, or 8 × 104 Bq/cm2 (2
microcuries/cm2) for all other alpha
emitters.
(3) SCO–III: A large solid object
which, because of its size, cannot be
transported in a type of package and for
which:
(i) All openings are sealed to prevent
release of radioactive material during
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conditions defined in § 173.427(d) of
this subchapter;
(ii) The inside of the object is as dry
as practicable;
(iii) The non-fixed contamination on
the external surfaces do not exceed the
limits specified in § 173.443 of this
subchapter; and
(iv) The non-fixed contamination plus
the fixed contamination on the
inaccessible surface averaged over 300
cm2 does not exceed 8 × 105 Bq/cm2 (21
microcurie/cm2) for beta and gamma
emitters and low toxicity alpha emitters,
or 8 × 104 Bq/cm2 (2 microcurie/cm2) for
all other alpha emitters.
*
*
*
*
*
■ 11. In § 173.410, revise paragraph
(i)(3) and add paragraph (j) to read as
follows:
§ 173.410
General design requirements.
*
*
*
*
*
(i) * * *
(3) A package containing radioactive
material must be capable of
withstanding, without loss or dispersal
of radioactive contents from the
containment system, an internal
pressure that produces a pressure
differential of not less than the
maximum normal operating pressure
plus 95 kPa (13.8 psi).
(j) The effect of aging mechanisms
(e.g., corrosion, abrasion, fatigue, crack
propagation, changes of material
compositions or mechanical properties
due to thermal loadings or radiation,
generation of decomposition gas, etc.)
and their impact on the functions
important to safety is considered.
■ 12. In § 173.415, revise paragraphs
(a)(1) and (2) to read as follows:
§ 173.415
Authorized Type A packages.
*
*
*
*
*
(a) * * *
(1) A description of the package
showing materials of construction,
dimensions, weight, closure, closure
materials (including gaskets, tape, etc.)
of each item of the containment system,
shielding, and packing materials used in
normal transportation; a description of
the authorized contents (including
radionuclide(s), the radionuclide(s)
activity limits, the radionuclide(s)
physical and chemical state, and an
indication if the content must be special
form); and at least one of the following:
(i) If the packaging is subjected to the
physical tests of § 173.465—and if
applicable, § 173.466—documentation
of testing including: date; place of test;
signature of testers; a description of
each test performed, including
equipment used, and the damage to
each item of the containment system
resulting from the tests; a description of
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55763
how the tested contents meet the
requirements of § 173.461(a)(1); and an
analysis of how the test results
demonstrate compliance with
§ 173.412(j) for the contents being
shipped, or
(ii) For any other demonstration of
compliance with tests authorized in
§ 173.461, a detailed analysis which
shows that, for the contents being
shipped, the package meets the
pertinent design and performance
requirements for a DOT Specification
7A Type A package.
(2) If the offeror has obtained the
packaging from another person who
meets the definition of ‘‘packaging
manufacturer’’ in § 178.350(c) of this
subchapter, a description of the
authorized contents (including
radionuclide(s), the radionuclide(s)
activity limits, the radionuclide(s)
physical and chemical state, and an
indication of whether the content must
be special form) and a certification from
the packaging manufacturer that the
package meets all of the requirements of
§§ 173.403, 173.410, 173.412, 173.465,
and, if applicable, § 173.466, for the
radioactive contents presented for
transport. If requested by DOT, the
offeror shall contact the packaging
manufacturer and have the packaging
manufacturer provide DOT a copy of
documents maintained by the packaging
manufacturer that meet the
requirements of paragraph (a)(1) of this
section.
*
*
*
*
*
■ 13. In § 173.417, revise paragraph (a)
to read as follows:
§ 173.417 Authorized fissile materials
packages.
(a) Except as provided in § 173.453,
fissile materials containing not more
than A1 or A2 as appropriate, must be
packaged in one of the following
packagings:
(1) For domestic shipments—
(i) Any packaging listed in § 173.415,
limited to the Class 7 (radioactive)
materials specified in 10 CFR part 71,
subpart C; or
(ii) Any Type AF, Type B(U)F, or
Type B(M)F packaging that meets the
applicable standards for fissile material
packages in 10 CFR part 71.
(2) For import or export shipments—
(i) Any Type AF, Type B(U)F, or Type
B(M)F packaging that meets the
applicable requirements for fissile
material packages in Section VI of the
International Atomic Energy Agency
‘‘Regulations for the Safe Transport of
Radioactive Material, IAEA Regulations
(incorporated by reference, see § 171.7
of this subchapter),’’ and for which the
foreign Competent Authority certificate
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has been revalidated by the U.S.
Competent Authority, in accordance
with § 173.473; or
(ii) Packaging that meets the
applicable standards for fissile material
packages in paragraph 674 of IAEA
Regulations (incorporated by reference,
see § 171.7 of this subchapter).
(3) A residual ‘‘heel’’ of enriched solid
uranium hexafluoride may be
transported without a protective
overpack in any metal cylinder that
meets both the requirements of
§§ 173.415 and 178.350 of this
subchapter for Specification 7A Type A
packaging, and the requirements of
§ 173.420 for packagings containing
greater than 0.1 kg of uranium
hexafluoride. Any such shipment must
be made in accordance with Table 2, as
follows:
TABLE 2—ALLOWABLE CONTENT OF URANIUM HEXAFLUORIDE (UF6 ‘‘HEEL’’ IN A SPECIFICATION 7A CYLINDER)
Maximum cylinder diameter
Centimeters
Inches
12.7 ..............................
20.3 ..............................
30.5 ..............................
76.0 ..............................
122.0 ............................
122.0 ............................
1 10
2 14
Cylinder volume
Liters
5
8
12
30
48
48
8.8
39.0
68.0
725.0
3084.0
4041.0
0.311
1.359
2.410
25.64
1 108.9
2 142.7
100.0
12.5
5.0
5.0
4.5
4.5
Maximum ‘‘Heel’’ weight per cylinder
Uranium-235
UF6
kg
lb
0.045
0.227
0.454
11.3
22.7
22.7
kg
0.1
0.5
1.0
25.0
50.0
50.0
0.031
0.019
0.015
0.383
0.690
0.690
lb
0.07
0.04
0.03
0.84
1.52
1.52
ton.
ton.
*
*
*
*
*
14. In § 173.420, revise paragraph
(a)(2)(i) and add paragraph (f) to read as
follows:
■
§ 173.420 Uranium hexafluoride (fissile,
fissile excepted, and non-fissile).
(a) * * *
(2) * * *
(i) American National Standards
Institute (ANSI) N14.1 (incorporated by
reference, see § 171.7 of this subchapter)
in effect at the time the packaging was
manufactured; or
*
*
*
*
*
(f) Packagings containing 0.1 kg or
more of non-fissile or fissile-excepted
uranium hexafluoride must meet the
requirements of § 173.477.
■ 15. In § 173.424, revise paragraph (h)
to read as follows:
§ 173.424 Excepted packages for
radioactive instruments and articles.
*
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Cubic feet
Maximum
Uranium 235enrichment
(weight)
percent
*
*
*
*
(h) The package does not contain
fissile material unless excepted by
§ 173.453; and
*
*
*
*
*
■ 16. Amend § 173.427 by:
■ a. Revising paragraphs (a)(2) and
(a)(6)(i);
■ b. Redesignating paragraphs (d) and
(e) as paragraphs (e) and (f); and
■ c. Adding paragraph (d).
The additions and revisions read as
follows:
§ 173.427 Transport requirements for low
specific activity (LSA) Class 7 (radioactive)
material and surface contaminated objects
(SCO).
(a) * * *
(2) The quantity of LSA material and
SCO–I and II transported in any single
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conveyance may not exceed the limits
specified in Table 5. For SCO–III, the
limits in Table 5 may be exceeded only
if the SCO–III is subject to a transport
plan that contains precautions to be
employed during transport to obtain an
overall level of safety at least equivalent
to that which would be provided if the
limits had been applied.
*
*
*
*
*
(6) * * *
(i) Except for SCO–III transported
according to a transport plan, shipments
must be loaded by the consignor and
unloaded by the consignee from the
conveyance or freight container in
which originally loaded;
*
*
*
*
*
(d) For SCO–III—
(1) Transport shall be under exclusive
use by road, rail, inland waterway, or
sea.
(2) Stacking shall not be permitted.
(3) All activities associated with the
shipment, including radiation
protection, emergency response, and
any special precautions or special
administrative or operational controls
that are to be employed during
transport, shall be described in the
transport plan. The transport plan shall
demonstrate that the overall level of
safety in transport is at least equivalent
to that which would be provided if the
SCO–III had been subjected to the test
required in § 173.465(b), followed by the
test required in § 173.465(e). The
transport plan must also demonstrate
that there would be no loss or dispersal
of the radioactive contents and no more
than a 20% increase in the maximum
dose rate at any external surface of the
object.
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(4) The requirements of
§ 173.411(b)(2) for a Type IP–2 package
shall be satisfied, except that the
maximum damage referred to in
§ 173.465(c) may be determined based
on provisions in the transport plan and
the requirements of § 173.465(d) are not
applicable.
(5) The object and any shielding are
secured to the conveyance in
accordance with § 173.410(a).
(6) The shipment shall be subject to
approval by the Associate
Administrator, and each request for
SCO–III shipment approval must be
submitted in writing to the Associate
Administrator. An application for
approval of SCO–III shipments shall
include:
(i) A statement of the respects in
which, and of the reasons why, the
consignment is considered SCO–III.
(ii) Justification for choosing SCO–III
by demonstrating that:
(A) No suitable packaging currently
exists.
(B) Designing and/or constructing a
packaging or segmenting the object is
not practically, technically, or
economically feasible.
(C) No other viable alternative exists.
(iii) A detailed description of the
proposed radioactive contents with
reference to their physical and chemical
states and the nature of the radiation
emitted.
(iv) A detailed statement of the design
of the SCO–III, including complete
engineering drawings and schedules of
materials and methods of manufacture.
(v) All information necessary to
demonstrate that the requirements of
§ 173.427(d)(1)–(5) and the requirements
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of § 173.427(a)(2), if applicable, are
satisfied.
(vi) The transport plan.
(vii) A specification of the applicable
quality assurance program.
*
*
*
*
*
■ 17. In § 173.431, revise paragraph (b)
to read as follows:
§ 173.431 Activity limits for Type A and
Type B packages.
*
*
*
*
*
(b) The limits on activity contained in
a Type B(U) or Type B(M) package are
those prescribed in the applicable
approval certificate under §§ 173.471 or
173.473.
Administrator, or, for international
transport, multilateral approval is
obtained from the pertinent Competent
Authorities.
■ 19. Amend § 173.435, in the table by:
■ a. Adding entries for ‘‘Ba-135m’’, ‘‘Ge69’’, ‘‘Ir-193m’’, ‘‘Ni-57’’, ‘‘Sr-83’’, ‘‘Tb149’’ and ‘‘Tb-161’’ in alphanumeric
order; and
■ b. Revising the entry for ‘‘Rb(nat)’’.
The additions and revisions read as
follows:
18. In § 173.433, add paragraph (i) to
read as follows:
■
§ 173.433 Requirements for determining
basic radionuclide values, and for the
listing of radionuclides on shipping papers
and labels.
*
*
*
*
*
(i) For instruments or articles in
which the radioactive material is
enclosed in or included as a component
part of the instrument or article and
which meets paragraph (e) of § 173.424
of the subchapter, alternative values to
those in the table in 173.436 for the
activity limit for an exempt
consignment may be used provided they
are first approved by the Associate
Symbol of
radionuclide
Element and
atomic
number
*
*
Ba-135m ......................................
........................
*
*
Ge-69 ..........................................
........................
*
*
Ir-193m ........................................
........................
*
*
Ni-57 ............................................
Nickel (28) .....
*
*
Sr-83 ............................................
........................
*
*
Tb-149 .........................................
Terbium (65) ..
*
*
Tb-161 .........................................
........................
§ 173.435 Table of A1 and A2 values for
radionuclides.
The table of A1 and A2 values for
radionuclides is as follows:
Specific activity
A1
(TBq)
A1
(Ci) b
A2
(TBq)
A2
(Ci) b
2.0 × 101 .....
*
5.4 × 102 .....
*
6.0 × 10¥1 ..
1.6 × 101 .....
1.0 × 100 .....
*
2.7 × 101 .....
*
1.0 × 100 .....
2.7 × 101 .....
4.0 × 101 .....
*
1.1 × 103 .....
*
4.0 × 100 .....
1.1 × 102 .....
6.0 × 10¥1 ..
*
1.6 × 101 .....
*
5.0 × 10¥1 ..
1.4 × 101 .....
1.0 × 100 .....
*
2.7 × 101 .....
*
1.0 × 100 .....
2.7 × 101 .....
8.0 × 10¥1 ..
*
2.2 × 101 .....
*
8.0 × 10¥1 ..
2.2 × 101 .....
3.0 × 101 .....
*
8.1 × 102 .....
*
7.0 × 10¥1 ..
1.9 × 101 .....
(TBq/g)
(Ci/g)
ADD
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
3.0 × 104 .....
*
8.1 × 105
4.3 × 104 .....
*
1.2 × 106
2.4 × 103 .....
*
6.4 × 104
5.7 × 104 .....
*
1.5 × 106
4.3 × 104 .....
*
1.2 × 106
1.9 × 105 .....
*
5.1 × 106
4.3 × 103 .....
*
1.2 × 105
*
*
REVISE
*
*
Rb(nat) ........................................
*
*
........................
*
*
*
*
*
*
*
■ 20. Amend § 173.436, in the table by:
■ a. Adding entries for ‘‘Ba-135m’’,’’ Ge69’’, ‘‘Ir-193m’’, ‘‘Ni-57’’, ‘‘Sr-83’’, ‘‘Tb149’’ and ‘‘Tb-161’’ in alphanumeric
order; and
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Unlimited .....
*
Unlimited .....
*
Unlimited .....
*
*
Unlimited .....
*
b. Revising the notes section after the
table.
The additions and revisions read as
follows:
■
Symbol of
radionuclide
Element and
atomic number
Activity
concentration
for exempt
material
(Bq/g)
*
*
*
Ba-135m ..............................................................................
*
........................
1.0 × 102 ........
6.7 × 10¥10
*
*
1.8 × 10¥8
*
§ 173.436 Exempt material activity
concentrations and exempt consignment
activity limits for radionuclides.
The Table of Exempt material activity
concentrations and exempt consignment
activity limits for radionuclides is as
follows:
Activity
concentration
for exempt
material
(Ci/g)
Activity limit for
exempt
consignment
(Bq)
Activity limit for
exempt
consignment
(Ci)
2.7 × 10¥9 .....
*
1.0 × 106 ........
*
2.7 × 10¥5
ADD
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*
E:\FR\FM\12SEP1.SGM
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Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Proposed Rules
Symbol of
radionuclide
Element and
atomic number
Activity
concentration
for exempt
material
(Bq/g)
*
*
*
Ge-69 ..................................................................................
*
........................
1.0 × 101 ........
*
*
*
Ir-193m ................................................................................
*
........................
1.0 × 104 ........
*
*
*
Ni-57 ....................................................................................
*
Nickel (28) .....
1.0 × 101 ........
*
*
*
Sr-83 ....................................................................................
*
........................
1.0 × 101 ........
*
*
*
Tb-149 .................................................................................
*
Terbium (65) ..
1.0 × 101 ........
*
*
*
Tb-161 .................................................................................
*
........................
1.0 × 103 ........
*
*
*
*
*
*
*
*
*
*
Activity
concentration
for exempt
material
(Ci/g)
Activity limit for
exempt
consignment
(Bq)
Activity limit for
exempt
consignment
(Ci)
2.7 × 10¥10 ...
*
1.0 × 106 ........
*
2.7 × 10¥5
2.7 × 10¥7 .....
*
1.0 × 107 ........
*
2.7 × 10¥4
2.7 × 10¥10 ...
*
1.0 × 106 ........
*
2.7 × 10¥5
2.7 × 10¥10 ...
*
1.0 × 106 ........
*
2.7 × 10¥5
2.7 × 10¥10 ...
*
1.0 × 106 ........
*
2.7 × 10¥5
2.7 × 10¥8 .....
*
1.0 × 106 ........
*
2.7 × 10¥5
*
*
*
a [Reserved]
b Parent nuclides and their progeny included in secular equilibrium are listed as follows:
Sr-90: Y-90
Zr-93: Nb-93m
Zr-97: Nb-97
Ru-106: Rh-106
Ag-108m: Ag-108
Cs-137: Ba-137m
Ce-144: Pr-144
Ba-140: La-140
Bi-212: Tl-208 (0.36), Po-212 (0.64)
Pb-210: Bi-210, Po-210
Pb-212: Bi-212, Tl-208 (0.36), Po-212 (0.64)
Rn-222: Po-218, Pb-214, Bi-214, Po-214
Ra-223: Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224: Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64),
Ra-226: Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Ra-228: Ac-228
Th-228: Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-229: Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
Th-nat*: Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-234: Pa-234m
U-230: Th-226, Ra-222, Rn-218, Po-214
U-232: Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
U-235: Th-231
U-238: Th-234, Pa-234m
U-nat*: Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Np-237: Pa-233
Am-242m: Am-242
Am-243: Np-239
* in the case of Th-natural, the parent nuclide is Th-232, in the case of U-natural the parent nuclide is U–238.
c [Reserved]
d These values apply only to compounds of uranium that take the chemical form of UF , UO F and UO (NO ) in both normal and accident
6
2 2
2
3 2
conditions of transport.
e These values apply only to compounds of uranium that take the chemical form of UO , UF , UCl and hexavalent compounds in both normal
3
4
4
and accident conditions of transport.
f These values apply to all compounds of uranium other than those specified in notes (d) and (e) of this table.
g These values apply to unirradiated uranium only.
21. In § 173.443, revise paragraph (c)
to read as follows:
■
§ 173.443
Contamination control.
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*
*
*
*
*
(c) Except as provided in paragraphs
(a) and (d) of this section, each
conveyance, overpack, freight container,
tank, or intermediate bulk container
used for transporting Class 7
(radioactive) materials as an exclusive
use shipment that utilizes the
provisions of paragraph (b) of this
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16:33 Sep 09, 2022
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section, § 173.427(b)(4), § 173.427(c), or
§ 173.427(d) must be surveyed with
appropriate radiation detection
instruments after each exclusive use
transport. Except as provided in
paragraphs (a) and (d) of this section,
these items may not be returned to Class
7 (radioactive) materials exclusive use
transport service, and then only for a
subsequent exclusive use shipment
utilizing one of the above cited
provisions, unless the radiation dose
rate at each accessible surface is 0.005
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Sfmt 4702
mSv per hour (0.5 mrem per hour) or
less, and there is no significant nonfixed surface contamination as specified
in paragraph (a) of this section. The
requirements of this paragraph do not
address return to service of items
outside of the above cited provisions.
*
*
*
*
*
■ 22. In § 173.447, redesignate
paragraph (b) as paragraph (c) and add
paragraph (b) to read as follows:
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Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Proposed Rules
§ 173.447 Storage incident to
transportation—general requirements.
25. In § 173.465, revise paragraph
(c)(2) to read as follows:
■
*
*
*
*
*
(b) The number of packages,
overpacks, and freight containers
containing Class 7 (radioactive) material
being stored in transit in any one storage
area must be so limited that the total
sum of the transport indexes in any
group of packages, overpacks, or freight
containers does not exceed 50. Groups
of packages must be situated so as to
maintain a spacing of at least 6 m (20
ft) between the closest surfaces of
packages, overpacks, or freight
containers from any two groups.
*
*
*
*
*
■ 23. In § 173.448, revise paragraph
(g)(2) to read as follows:
*
*
*
*
(g) * * *
(2) The overpack must be marked as
prescribed in subpart D of part 172 of
this subchapter and § 173.25(a).
Overpacks must be marked with the
consignor or consignee’s name and
address, unless the name and address of
the consignor or consignee of each
package contained in the overpack are
visible; and
*
*
*
*
*
■ 24. In § 173.453, revise the
introductory text and paragraph (d), and
add paragraphs (g) and (h) to read as
follows:
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Fissile materials—exceptions.
Fissile materials meeting the
requirements of at least one of the
paragraphs (a) through (h) of this section
are excepted from the requirements of
this subpart for fissile materials,
including the requirements of
§§ 173.457 and 173.459, but are subject
to all other requirements of this subpart,
except as noted.
*
*
*
*
*
(d) Uranium enriched in uranium-235
to a maximum of 1 percent by weight,
and with total plutonium and uranium233 content of up to 1 percent of the
mass of uranium-235, provided that the
mass of any beryllium, graphite, and
hydrogenous material enriched in
deuterium constitutes less than 5
percent of the uranium mass, and that
the fissile material is distributed
homogeneously and does not form a
lattice arrangement within the package.
*
*
*
*
*
(g) Uranium with enrichment up to 5
percent by weight uranium-235, up to
3.5 g uranium-235 per package.
(h) Fissile material with no more than
140 grams fissile nuclides shipped
under exclusive use.
VerDate Sep<11>2014
16:33 Sep 09, 2022
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*
*
*
*
(c) * * *
(2) For packages containing fissile
material, the free drop test specified in
paragraph (c)(1) of this section must be
preceded by a free drop from a height
of 0.3 m (1 foot) on each corner, or in
the case of cylindrical packages, onto
each of the quarters of each rim. This
free drop test applies only to fissile
material rectangular packages not
exceeding 50 kg (110 lbs.) and fissile
material cylindrical packages not
exceeding 100 kg (220 lbs.).
*
*
*
*
*
■
*
Type A packaging tests.
*
§ 173.468
§ 173.448 General transportation
requirements.
§ 173.453
§ 173.465
[Removed and Reserved]
26. Remove and reserve § 173.468.
§ 173.472
[Removed and Reserved]
27. Remove and reserve § 173.472.
28. In § 173.475, add paragraph (j) to
read as follows:
■
■
§ 173.475 Quality control requirements
prior to each shipment of Class 7
(radioactive) materials.
*
*
*
*
*
(j) For packages to be shipped after
storage, all packaging components and
radioactive contents have been
maintained during storage in a manner
such that all the requirements specified
in the relevant provisions of this
subchapter and in the applicable
certificates of approval have been
fulfilled.
PART 174—CARRIAGE BY RAIL
29. The authority citation for Part 174
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 33 U.S.C.
1321; 49 CFR 1.81 and 1.97.
30. In § 174.750, revise paragraph (a)
to read as follow:
■
§ 174.750
Incidents involving leakage.
(a) In addition to the incident
reporting requirements of §§ 171.15 and
171.16 of this subchapter, the carrier
shall also notify the offeror at the
earliest practicable moment following
any incident in which there has been
breakage, spillage, or suspected
radioactive contamination involving
Class 7 (radioactive) materials
shipments. Transport vehicles,
buildings, areas, or equipment in which
Class 7 (radioactive) materials have been
spilled may not be again placed in
service or routinely occupied until the
radiation dose rate at every accessible
surface is less than 0.005 mSv per hour
(0.5 mrem per hour) and there is no
significant removable radioactive
PO 00000
Frm 00060
Fmt 4702
Sfmt 4702
55767
surface contamination (see § 173.443 of
this subchapter). If it is evident that a
package of radioactive material or
conveyance carrying unpackaged
radioactive material is leaking, or if it is
suspected that a package of radioactive
material or conveyance carrying
unpackaged radioactive material may
have leaked, the actions required by
§ 173.443(e) of this subchapter must be
taken.
*
*
*
*
*
PART 175—CARRIAGE BY AIRCRAFT
31. The authority citation for Part 175
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81 and 1.97.
32. In § 175.705, revise paragraph (b)
to read as follows:
■
§ 175.705
Radioactive contamination.
*
*
*
*
*
(b) When contamination is present or
suspected, the package containing a
Class 7 material, any loose Class 7
material, associated packaging material,
and any other materials that have been
contaminated must be segregated as far
as practicable from personnel contact
until radiological advice or assistance is
obtained from the U.S. Department of
Energy or appropriate State or local
radiological authorities. If it is evident
that a package of radioactive material or
conveyance carrying unpackaged
radioactive material, is leaking, or if it
is suspected that a package of
radioactive material or conveyance
carrying unpackaged radioactive
material, may have leaked, the actions
required by § 173.443(e) of this
subchapter must be taken.
*
*
*
*
*
PART 176—CARRIAGE BY VESSEL
33. The authority citation for Part 176
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
34. Revise § 176.715 to read as
follows:
■
§ 176.715
Contamination control.
Each hold, compartment, or deck area
used for the transportation of low
specific activity or surface contaminated
object Class 7 (radioactive) materials
under exclusive use conditions in
accordance with § 173.427(b)(4) or (c)
must be surveyed with appropriate
radiation detection instruments after
each use. Such holds, compartments,
and deck areas may not be used again
for Class 7 (radioactive) materials
exclusive use transport service, and
then only for a subsequent exclusive use
E:\FR\FM\12SEP1.SGM
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Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Proposed Rules
shipment utilizing the provisions of
§ 173.427(b)(4) or (c) until the radiation
dose rate at every accessible surface is
less than 0.005 mSv/h (0.5 mrem/h),
and the non-fixed contamination is not
greater than the limits prescribed in
§ 173.443(a) of this subchapter. If it is
evident that a package of radioactive
material or conveyance carrying
unpackaged radioactive material, is
leaking, or if it is suspected that a
package of radioactive material or
conveyance carrying unpackaged
radioactive material, may have leaked,
the actions required by § 173.443(e) of
this subchapter must be taken.
DEPARTMENT OF COMMERCE
PART 177—CARRIAGE BY PUBLIC
HIGHWAY
AGENCY:
35. The authority citation for Part 177
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; sec. 112
of Pub. L. 103–311, 108 Stat. 1673, 1676
(1994); sec. 32509 of Pub. L. 112–141, 126
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.
36. In § 177.843, revise paragraph (c)
to read as follows:
■
§ 177.843
Contamination of vehicles.
*
*
*
*
*
(c) In case of fire, accident, breakage,
or unusual delay involving shipments of
Class 7 (radioactive) material, see
§§ 171.15, 171.16, and 177.854 of this
subchapter. If it is evident that a
package of radioactive material or
conveyance carrying unpackaged
radioactive material, is leaking, or if it
is suspected that a package of
radioactive material or conveyance
carrying unpackaged radioactive
material, may have leaked, the actions
required by § 173.443(e) of this
subchapter must be taken.
*
*
*
*
*
Issued in Washington, DC, on August 24,
2022, under authority delegated in 49 CFR
1.97.
William S. Schoonover,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2022–18605 Filed 9–9–22; 8:45 am]
lotter on DSK11XQN23PROD with PROPOSALS1
BILLING CODE 4910–60–P
VerDate Sep<11>2014
16:33 Sep 09, 2022
Jkt 256001
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 220831–0179]
RIN 0648–BL25
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Fishing
Restrictions in Purse Seine Fisheries
and 2022 Longline Bigeye Tuna Catch
Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
This proposed rule would
modify existing limits on fishing effort
by U.S. purse seine vessels in the U.S.
exclusive economic zone (EEZ) and on
the high seas between the latitudes of
20° N and 20° S, in the area of
application of the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention). In addition, this proposed
rule would adjust the 2022 bigeye tuna
catch limit in the area of application of
the Convention (Convention Area) for
U.S. longline commercial fishing vessels
to 3,358 metric tons (mt), due to an
overage of the 2021 catch limit. The
proposed rule would clarify that
adjustments to the purse seine fishing
effort limits or longline bigeye tuna
catch limits could occur each year, due
to any overage of the prior year’s limit.
This proposed rule would also modify
the following: the process for closing the
fishery once NMFS expects the effort
limits will be reached; the process for
obtaining daily purse seine fishing effort
reports; and the process for adjusting
established annual catch and effort
limits in the Convention Area. This
action is necessary for the United States
to implement provisions of a
conservation and management measure
adopted by the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC or Commission) and to satisfy
the obligations of the United States
under the Convention, to which it is a
Contracting Party. NMFS is seeking
comments on this proposed rule and
will respond to those comments in a
subsequent final rule.
SUMMARY:
PO 00000
Frm 00061
Fmt 4702
Sfmt 4702
Comments on the proposed rule
must be submitted in writing by October
3, 2022.
ADDRESSES: You may submit comments
on the proposed rule and the regulatory
impact review (RIR) prepared for the
proposed rule, identified by NOAA–
NMFS–2022–0082 by any of the
following methods:
• Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0082 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Sarah Malloy, Acting Regional
Administrator, NMFS, Pacific Islands
Regional Office (PIRO), 1845 Wasp
Blvd., Building 176, Honolulu, HI
96818.
• Fax: (808) 725–5215; Attn: Sarah
Malloy.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name and address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of the RIR and the 2015
programmatic environmental
assessment (PEA), 2021 supplemental
environmental assessment, and 2022
Supplemental Information Report
prepared for National Environmental
Policy Act (NEPA) purposes are
available at www.regulations.gov or may
be obtained from Sarah Malloy, Acting
Regional Administrator, NMFS PIRO
(see address above).
FOR FURTHER INFORMATION CONTACT: Rini
Ghosh, NMFS PIRO, 808–725–5033.
SUPPLEMENTARY INFORMATION:
DATES:
Background on the Convention
The Convention is concerned with the
conservation and management of highly
migratory species (HMS) and the
management of fisheries for HMS. The
objective of the Convention is to ensure,
through effective management, the longterm conservation and sustainable use
of HMS in the western and central
Pacific Ocean (WCPO). To accomplish
this objective, the Convention
E:\FR\FM\12SEP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Proposed Rules]
[Pages 55743-55768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18605]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, and 177
[Docket No. PHMSA-2018-0081 (HM-250A)]
RIN 2137-AF42
Hazardous Materials: Compatibility With the Regulations of the
International Atomic Energy Agency
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: PHMSA, in coordination with the Nuclear Regulatory Commission,
proposes to amend the Hazardous Materials Regulations to maintain
alignment with international regulations and standards governing the
transportation of Class 7 radioactive materials. Specifically, PHMSA
proposes to adopt changes contained in the International Atomic Energy
Agency standards. Additionally, PHMSA proposes regulatory amendments
identified through internal regulatory review processes to update,
clarify, correct, or streamline certain regulatory requirements
applicable to the transportation of Class 7 (radioactive) materials.
DATES: Comments must be received by December 12, 2022. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System.
U.S. Department of Transportation, Docket Operations, M-
30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: Include the agency name and docket number PHMSA-2018-
0081 (HM-250A) or RIN 2137-AF42 for this rulemaking at the beginning of
your
[[Page 55744]]
comment. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
Docket: For access to the dockets to read background documents or
comments received, go to https://www.regulations.gov or the DOT Docket
Operations Office (see ADDRESSES).
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this NPRM contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN'' for ``proprietary information.''
Submissions containing CBI should be sent to Alexander Wolcott, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590-0001. Any commentary that PHMSA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
FOR FURTHER INFORMATION CONTACT: Alexander Wolcott, Standards and
Rulemaking Division, (202) 366-8553, or Rick Boyle, Engineering and
Research Division, (202) 366-2993, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Overview of Proposed Amendments
A. Amendments To Harmonize With the 2012 SSR-6 and 2018 SSR-6,
Rev. 1
B. Other Proposed Amendments
C. Amendments Not Being Considered for Proposal
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Environmental Assessment
I. Privacy Act
J. Executive Order 13609 and International Trade Analysis
K. Executive Order 12898 and Environmental Justice
L. National Technology Transfer and Advancement Act
I. Executive Summary
PHMSA, in coordination with the Nuclear Regulatory Commission
(NRC), proposes to amend certain provisions of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with
International Atomic Energy Agency (IAEA) regulations and standards.
Additionally, PHMSA proposes regulatory amendments identified through
internal regulatory review processes to update, clarify, correct, or
streamline certain regulatory requirements applicable to the
transportation of Class 7 radioactive materials.
PHMSA expects adoption of the regulatory amendments proposed in
this NPRM will maintain the high safety standard currently achieved
under the HMR. PHMSA also notes that--insofar as harmonization of the
HMR with international consensus standards as proposed could reduce
delays and interruptions of hazardous materials shipments during
transportation--the proposed amendments may also lower greenhouse gas
(GHG) emissions and safety risks to minority, low-income, underserved,
and other disadvantaged populations, and communities in the vicinity of
interim storage sites and transportation arteries and hubs.
The following list summarizes the more noteworthy proposals set
forth in this NPRM:
Incorporation by Reference: PHMSA proposes to incorporate
by reference IAEA's 2018 Edition of Regulations for the Safe Transport
of Radioactive Material, Safety Standards Series No. SSR-6 (Rev.1);
American National Standard Institute's (ANSI) N14.1 Uranium
Hexafluoride--Packaging for Transport, 2012 Edition; and ANSI's N14.1
Uranium Hexafluoride--Packaging for Transport, 2019 Edition.
Scope and Applicability of Subpart I (Radioactive
Materials Packaging Requirements): PHMSA proposes to except certain
shipments from the requirements of subpart I of the HMR by amending
Sec. 173.401. First, PHMSA proposes to amend Sec. 173.401(b)(4) to
specify that Sec. 173.401 does not apply to all natural material and
ores containing naturally-occurring radionuclides regardless of the
intended use, provided the activity concentration of the material does
not exceed 10 times the exempt material activity concentration values
specified in Sec. 173.436, or as determined in accordance with the
requirements of Sec. 173.433. Currently, only natural materials and
ores processed for purposes other than extraction of the radionuclides
are excepted in Sec. 173.401(b). As written, the HMR treats identical
radioactive materials differently based on the intended use and not the
hazard presented. Second, PHMSA proposes to revise Sec. 173.401(b)(2)
to provide an exception for a person being transported for medical
treatment because of accidental or deliberate intake of radioactive
material, or because of contamination. Currently, Sec. 173.401
provides an exception from subpart I for radioactive materials
implanted into people or animals for diagnosis or treatment, but not
for radioactive material present in or on an individual due to
contamination. The second proposed amendment would address these
additional circumstances and facilitate the transportation of people
and their effects--such as clothing or other items on their person--who
have been contaminated and need to be transported for medical
treatment.
Surface Contaminated Object--III (SCO-III): PHMSA proposes
to revise the definition for ``Surface Contaminated Object'' (SCO) in
Sec. 173.403 to include ``SCO-III.'' This new form of surface
contaminated object is meant for large solid objects (e.g., a steam
generator, reactor coolant pump, pressurizer, or reactor head
component, etc.) that cannot be transported in a package. The
requirements for transporting SCO-III material are proposed in Sec.
173.427. Currently, such shipments can only be transported using a DOT
special permit.
Aging of Packages: PHMSA proposes to amend Sec. 173.410
to require package manufacturers to consider the effects of aging
during the design process. The proposed language requires manufacturers
to evaluate the potential degradation phenomena over time, such as
corrosion, abrasion, fatigue, crack propagation, changes of material
compositions or mechanical properties due to thermal loadings or
radiation, generation of decomposition gas, as well as their impact on
the functions important to safety. Package engineers already consider
these factors when they design radioactive packages; however, there is
no specific requirement related to the aging of packaging designs. The
codification of
[[Page 55745]]
this best practice would help to ensure that radioactive packagings
remain safe throughout their life cycle.
PHMSA expects that some of the proposed amendments represent
improvements in safety--e.g., transport index limits and packaging
aging--while none would have significant negative impacts on public
safety or the environment. Additionally, PHMSA anticipates safety
benefits from improved compliance related to consistency between
domestic and international regulations. PHMSA solicits comment on the
amendments proposed in this NPRM, specifically the: (1) need for the
proposals, including benefits and costs of those actions; (2) potential
impacts on safety and the environment; impact on environmental justice
and equity; and (3) any other relevant information. In addition, PHMSA
solicits comment regarding approaches to reducing the costs of this
rulemaking while maintaining or increasing safety benefits. In its
preliminary regulatory impact analysis (PRIA), PHMSA concluded that the
aggregate benefits of the amendments proposed in this NPRM justify
their aggregate costs. Nonetheless, PHMSA solicits comment on specific
changes (e.g., greater flexibility for a particular proposal) that
might improve the safe transportation of radioactive materials.
II. Background
The Federal Hazardous Materials Transportation Act (codified at 49
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant
international standard-setting bodies and encourages alignment of the
HMR with international transport standards consistent with the
promotion of safety and the public interest.\1\ This statutory mandate
reflects the importance of international standard-setting activity when
considering the globalization of commercial transportation of hazardous
materials. Harmonization of the HMR with international transport
standards, as appropriate, can reduce the costs and other burdens of
complying with multiple or inconsistent safety requirements.
Consistency between the HMR and current international standards can
also enhance safety by: (1) ensuring that the HMR is informed by the
latest best practices and lessons learned; (2) improving understanding
of and compliance with pertinent requirements; (3) facilitating the
smooth flow of hazardous materials from their points of origin to their
points of destination, thereby avoiding risks to the public and the
environment from the release of hazardous materials due to delays or
interruptions in the transportation of those materials; and (4)
enabling consistent emergency response procedures in the event of a
hazardous materials incident.
---------------------------------------------------------------------------
\1\ See 49 U.S.C. 5120.
---------------------------------------------------------------------------
Under their respective statutory authorities, PHMSA and the NRC
jointly regulate the transportation of radioactive materials to, from,
and within the United States. In accordance with the 1979 Memorandum of
Understanding (MOU) \2\ between DOT and NRC:
---------------------------------------------------------------------------
\2\ 44 FR 38690. A copy of the MOU has been placed in the docket
for this rulemaking at www.regulations.gov.
---------------------------------------------------------------------------
PHMSA regulates both shippers and carriers with respect
to:
[cir] packaging requirements;
[cir] communication requirements for:
[ssquf] shipping paper contents;
[ssquf] package labeling and marking;
[ssquf] vehicle placarding; and
[cir] training and emergency response requirements.
NRC requires its licensees to satisfy requirements to
protect public health and safety, to assure the common defense and
security, and:
[cir] certifies Type B and fissile material package designs and
approves package quality assurance programs for its licensees;
[cir] provides technical support to PHMSA and works with PHMSA to
ensure consistency with respect to the transportation of Class 7
(radioactive) materials; and
[cir] conducts inspections of licensees and an enforcement program
within its jurisdiction to assure compliance with its requirements.
Historically, PHMSA and NRC--and their predecessor agencies--have,
to the extent practicable, harmonized their respective regulations to
maintain compatibility with the IAEA's regulations. The Safety Series
No. 6, ``Regulations for the Safe Transport of Radioactive Material,''
was first published by IAEA in 1961 and revised in 1964, and again in
1967. On October 4, 1968, DOT adopted harmonizing amendments to the
HMR.\3\ Additional revisions were made by IAEA in 1973 and 1985, and
DOT then codified these revisions in the HMR.\4\ IAEA completed a major
revision to the Safety Series No. 6--renamed ``Regulations for the Safe
Transport of Radioactive Material, 1996 Edition, No. ST-1''--in 1996
and later republished it in 2000 to include minor editorial changes, at
which time the previous designation was changed to ``Regulations for
the Safe Transport of Radioactive Material, 1996 Edition, No. TS-R-1,
(ST-1, Revised).'' On January 26, 2004, PHMSA adopted harmonizing
amendments to the HMR.\5\ Then, on July 11, 2014, PHMSA adopted the
updates of the 2003, 2005 and 2009 editions in the HMR.\6\ Finally, on
January 8, 2015, PHMSA incorporated by reference the 2012 edition of
the SSR,\7\ but did not fully harmonize the HMR's requirements with the
changes made in that edition.
---------------------------------------------------------------------------
\3\ 33 FR 14918.
\4\ 48 FR 10218 (Mar. 10, 1983) and 60 FR 50291 (Sep. 28, 1995).
\5\ 69 FR 3632.
\6\ 79 FR 40589.
\7\ 80 FR 1075.
---------------------------------------------------------------------------
In this NPRM, PHMSA proposes to amend the HMR to align with the
sections of 2012 SSR-6 the HMR do not currently harmonize with and 2018
SSR-6, (Rev. 1), which includes changes made to the IAEA regulations
since PHMSA's rulemaking in 2014.\8\ Furthermore, PHMSA proposes to
incorporate by reference 2018 SSR-6, (Rev. 1) and the 2012 and 2019
editions of ANSI N14.1: Uranium Hexafluoride--Packaging for Transport.
Additionally, PHMSA proposes regulatory amendments identified through
internal regulatory review processes to update, clarify, correct, or
streamline certain regulatory requirements applicable to the
transportation of Class 7 (radioactive) materials.
---------------------------------------------------------------------------
\8\ 79 FR 40589.
---------------------------------------------------------------------------
PHMSA is working closely with NRC in the development of this
rulemaking and anticipates that NRC will publish a parallel rulemaking.
PHMSA and NRC will coordinate the development and publication schedules
for the final rules and, if necessary, PHMSA may issue a supplemental
notice of proposed rulemaking to ensure that the DOT and NRC rules are
compatible.
This NPRM addresses only the areas for which DOT has jurisdiction
as defined in the MOU with NRC. Comments responding to any parallel NRC
NPRM should be submitted in accordance with the public participation
guidelines established by NRC in 10 CFR part 2 subpart H.
III. Incorporation by Reference Discussion Under 1 CFR Part 51
According to the Office of Management and Budget's (OMB) Circular
A-119, ``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,''
government agencies must use voluntary consensus standards wherever
practical in the development of regulations.
PHMSA currently incorporates by reference into the HMR all or the
[[Page 55746]]
relevant parts of several standards and specifications developed and
published by standard development organizations (SDO). In general, SDOs
update and revise their published standards every two to five years to
reflect modern technology and best technical practices. The National
Technology Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-
113) directs Federal agencies to use standards developed by voluntary
consensus standards bodies in lieu of government-written standards
unless to do so would be inconsistent with applicable law or otherwise
impracticable. Voluntary consensus standards bodies develop, establish,
or coordinate technical standards using agreed-upon procedures. OMB
issued Circular A-119 to implement section 12(d) of the NTTAA relative
to the utilization of consensus technical standards by Federal
agencies. This circular provides guidance for agencies participating in
voluntary consensus standards bodies and describes procedures for
satisfying the reporting requirements in the NTTAA. Consistent with the
requirements of the NTTAA and its statutory authorities, PHMSA is
responsible for determining which standards should be updated, revised,
removed, or added to the HMR. Revisions to materials incorporated by
reference in the HMR are handled via the rulemaking process, which
allows the public and regulated entities to provide input. During the
rulemaking process, PHMSA must also obtain approval from the Office of
the Federal Register to incorporate by reference any new materials.
Regulations of the Office of the Federal Register require that agencies
detail in the preamble of an NPRM the ways the materials it proposes to
incorporate by reference are reasonably available to interested
parties, or how the agency worked to make those materials reasonably
available to interested parties. (See 1 CFR 51.5.)
PHMSA proposes to incorporate by reference ``Specific Safety
Requirements Number SSR-6, Revision 1: Regulations for the Safe
Transport of Radioactive Material 2018 Edition'' (2018 SSR-6, Rev. 1)
and the 2012 and 2019 editions of ANSI N14.1: Uranium Hexafluoride--
Packaging for Transport. A summary and discussion of these standards
can be found in ``V. Section-by-Section Review'' under Sec. 171.7. The
IAEA regulations are free and easily accessible to the public on the
internet, with access provided through the parent organization website
at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material. The 2012 and 2019 editions of ANSI
N14.1 are available for purchase on the ANSI website at: https://webstore.ansi.org/Standards/PCC/ANSIN142012 and https://webstore.ansi.org/Standards/PCC/ANSIN142019 respectively.
IV. Overview of Proposed Amendments
PHMSA proposes amendments to the HMR based on updates to the 2012
and 2018 editions of the IAEA Safety Standards: 2012 SSR-6 and 2018
SSR-6, Rev. 1. As proposed, the amendments would continue to maintain
compatibility between the HMR and the IAEA regulations. PHMSA does not
intend to make the HMR identical to the IAEA regulations but, rather,
to remove or avoid potential barriers to international commerce while
adhering to domestic law, reflecting domestic practices, and
maintaining public health and safety. Accordingly, PHMSA is not
proposing to adopt all the recent updates into the HMR because the
framework or structure of the HMR may make adoption unnecessary or
impractical. In such cases, there is no added benefit to safety that
might outweigh the impracticality of adoption.
A. Amendments To Harmonize With the 2012 SSR-6 and 2018 SSR-6, Rev. 1
In consideration of updates in 2012 SSR-6 and 2018 SSR-6, Rev. 1,
PHMSA proposes to amend the HMR as follows:
Revise paragraph Sec. 171.7(s) to incorporate by
reference the revised 2018 SSR-6, Rev. 1 into the HMR.
Revise Sec. 172.101 to add the new SCO-III, so that the
proper shipping name of UN2913 reads ``Radioactive Material, surface
contaminated objects (SCO-I, SCO-II, or SCO-III) in the Hazardous
Materials Table (HMT).
Add new language to Sec. 172.203(d)(4) and (5) to allow
for the label type and transport index of overpacks to be listed on
shipping papers.
Clarify Sec. 172.310 to state that markings on a package
that do not relate to the material in the package must be removed or
covered before shipment.
Add a provision to Sec. 173.401(b)(2) to include persons
contaminated by radioactive material transported for medical treatment.
Add a new term ``dose rate'' in Sec. 173.403.
Revise the definition of Low specific activity (LSA)
material in Sec. 173.403 to remove the leaching prevention requirement
for LSA-III material.
Revise the definition of Special Form Class 7
(radioactive) in Sec. 173.403 to adopt a newer standard for the design
of these materials.
Revise the definition of Surface Contaminated Object (SCO)
in Sec. 173.403 to add a new SCO-III material.
Revise Sec. 173.410(i)(3) to require that all Class 7
materials--not just liquids--be capable of withstanding an internal
pressure that produces a pressure differential of not less than the
maximum normal operating pressure plus 95 kPa.
Add a new paragraph (j) to Sec. 173.410 to require that
aging be considered when designing packages for Class 7 materials.
Amend Sec. 173.417(a) to allow the import and export of
fissile material packages that meet IAEA requirements for criticality
safety index control without package certification by Competent
Authorities.
Add requirements to Sec. 173.427 for the new SCO-III
materials, including a new Sec. 173.427(d) to require vehicles
transporting the new SCO-III materials be properly surveyed for
residual radioactivity after each shipment.
Add a new paragraph (i) to Sec. 173.433 to allow a
stakeholder to apply for an approval to allow certain instruments or
articles to have an alternative activity limit.
Add seven new radionuclides to the Table of A1
and A2 values for radionuclides. in Sec. 173.435.
Add seven new radionuclides to the Table of Exempt
material activity concentrations and exempt consignment activity limits
for radionuclides in Sec. 173.436.
Add reference in Sec. 173.443 to the new Sec. 173.427(d)
to require vehicles transporting the new SCO-III materials be properly
surveyed for residual radioactivity after each shipment.
Revise Sec. 173.448 to require overpacks to be marked
with the name and address of the consigner and consignee if this
information cannot be seen on the packages.
Amend Sec. 173.453(d) to add another condition to the
existing exception to require fissile material be distributed
homogeneously and not form a lattice arrangement within the package.
Add a new paragraph (g) to Sec. 173.453 to allow a
fissile material exception for packages containing up to 3.5 grams of
uranium-235 where the uranium-235 is not more than 5 percent of the
material.
Add a new paragraph (h) to Sec. 173.453 to allow an
exception for up to 140 grams fissile nuclides when shipped under
exclusive use.
Add a new paragraph (j) to Sec. 173.475 to require proper
maintenance of shipments of Class 7 materials while in storage.
[[Page 55747]]
B. Other Proposed Amendments
In addition to the amendments proposed for harmonization with 2012
SSR-6 and 2018 SSR-6, Rev. 1, PHMSA proposes the following regulatory
amendments identified through internal regulatory review processes to
update, clarify, correct, or streamline certain regulatory requirements
applicable to the transportation of Class 7 (radioactive) materials:
Revise paragraph (d) of Sec. 171.7 to remove reference to
Sec. 173.417 and add the 2012 and 2019 editions of ANSI N14.1: Uranium
Hexafluoride--Packaging for Transport.
Amend the Sec. 172.101 HMT to remove the reference to
Sec. 173.427 from columns 8B and 8C for ``UN2978, Radioactive
material, uranium hexafluoride.''
Amend Sec. 172.102(c)(1) to remove the reference to Sec.
173.472, which is proposed to be deleted.
Amend paragraph (d) of Sec. 172.203 to require a list of
the fissile nuclides contained in a package be included on a shipping
paper.
Add new language to Sec. 173.415 to clarify documentation
requirements.
Add new language to Sec. 173.417 to provide a provision
for fissile material when offered for import or export.
Add new language to Sec. 173.420 to reference Sec.
173.477 which is the relevant packaging section for the material.
Add new language to Sec. 173.420 to reference Sec. 171.7
where American National Standard N14.1 is referenced.
Revise Sec. 173.424 to correct a referenced section and
allow transport of packages that contain fissile material only if
excepted by Sec. 173.453.
Revise Sec. 173.431(b) to remove the reference to Sec.
173.472, which is proposed to be deleted.
Add a clarification to footnote ``b'' of Sec. 173.436 to
state that in the case of Th-natural, the parent nuclide is Th-232, and
in the case of U-natural the parent nuclide is U-238.
Add a new paragraph to Sec. 173.447. Paragraph (b) will
be redesignated as (c), and new paragraph (b) will be added, which will
limit groups of Class 7 (radioactive) packages to a transport index of
50 and require a minimum distance of 6 meters (20ft) between groups of
packages.
Remove Sec. 173.472 because Type B packages were
previously removed from the HMR.
Revise the leakage and contamination sections of the
modal-specific requirements, specifically--Sec. Sec. 174.750, 175.705,
176.715, and 177.843--to reference the existing Sec. 173.443(e).
C. Amendments Not Being Considered for Proposal
PHMSA is not proposing to adopt all the updates made to the IAEA
regulations since 2012 into the HMR. In many cases, amendments to the
IAEA standards are not proposed for adoption because the framework or
structure of the HMR makes adoption unnecessary or impractical. Below
is a listing of significant amendments to the IAEA regulations made
since PHMSA's 2014 rulemaking that are not being proposed for adoption
at this time.
PHMSA is not replacing the term ``radiation level'' with
``dose rate'' throughout the HMR because the term ``dose rate'' is
already used in the HMR as a synonym for ``radiation level.'' Instead,
PHMSA proposes to add a definition for ``dose rate'' that will
duplicate the current HMR definition for ``radiation level.''
PHMSA is not adopting all of the changes in the IAEA
fissile material exceptions in SSR-6 paragraphs 417 and 674 for
material shipped with beryllium, hydrogenous material enriched in
deuterium, graphite, and other allotropic forms of carbon (except for
international shipments), and paragraph 675, which exempted certain
plutonium shipments from some packaging requirements. Instead, PHMSA
proposes to adopt changes consistent with the changes that NRC has
identified in the Regulatory Basis for NRC Docket 2016-0179.
V. Section-by-Section Review
A. Part 171
Section 171.7
Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR. PHMSA proposes to
incorporate by reference ``Specific Safety Requirements Number SSR-6,
Revision 1: Regulations for the Safe Transport of Radioactive Material
2018 Edition'' (2018 SSR-6, Rev. 1) and the 2012 and 2019 editions of
ANSI N14.1: Uranium Hexafluoride--Packaging for Transport. IAEA's SSR-6
Rev.1 regulates the transportation of radioactive materials
internationally. PHMSA evaluated the updated standards and determined
that the revisions provide an enhanced level of safety without imposing
significant compliance burdens. These standards have well-established
and documented safety histories, and their adoption will maintain the
high safety standard currently achieved under the HMR.
Therefore, PHMSA proposes to add or revise the following
incorporation by reference materials:
In paragraph (d), remove reference to Sec. 173.417 and
incorporate by reference the 2012 and 2019 editions of ANSI N14.1:
Uranium Hexafluoride--Packaging for Transport in addition to the
versions currently listed in Sec. 171.7(d). PHMSA proposes to remove
the reference to Sec. 173.417 from this paragraph because Sec.
173.417 does not reference the ANSI N14.1 standard. The language in
Sec. 173.417 pertains to shipments of less than 0.1 kg of uranium
hexafluoride while ANSI N14.1 only pertains to shipments exceeding 0.1
kg and those requirements are found in the other listed section, see
Sec. 173.420. The new editions of ANSI N14.1 provide criteria for
packaging uranium hexafluoride for transportation and cover design and
fabrication of the packaging, service inspection requirements,
cleanliness, maintenance requirements, and cylinder loading
requirements. PHMSA has incorporated this standard in its regulations
since 1971, and it remains the industry standard for shipping uranium
hexafluoride. The changes from the 2001 version to the proposed 2019
version include requirements for the use of ``plugs'' that were not
previously allowed and provisions for converting imperial units to
metric, as well as harmonization with the 2018 SSR-6, Rev. 1 and
additional best practices including incorporating standards from ASTM
International. PHMSA believes that the 2019 edition adds an increased
level of safety by bringing in updated safety requirements, while
allowing more flexibility in packaging. While the 2019 edition of ANSI
N14.1 will be the required standard for new uranium hexafluoride
packages, older packages may remain in service provided that repairs,
markings, and periodic tests and inspections comply with the 2019
edition. The changes to the inspection, testing, and repair
requirements between the 2001 and 2019 editions are largely formatting
changes, and PHMSA does not believe that the revisions will necessitate
the removal of existing packaging from circulation. Further, by
incorporating both the proposed editions, packages built to the 2012
edition will be permitted in accordance with Sec. 173.420. However,
new packages will still need to be manufactured to the 2019 standard.
The ANSI N14.1: Uranium Hexafluoride--Packaging for Transport 2012 and
2019 editions are available for purchase at the following websites:
2012 Edition: https://webstore.ansi.org/standards/pcc/
ansin142012
2019 Edition: https://webstore.ansi.org/standards/pcc/
ansin142019
[[Page 55748]]
In paragraph (s)(1), incorporate by reference the 2018
edition of the IAEA Regulations for the Safe Transport of Radioactive
Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the
2012 edition, which is currently referenced in Sec. Sec. 171.22;
171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The
IAEA regulations establish standards of safety for control of the
radiation, criticality, and thermal hazards to people, property, and
the environment associated with the transport of radioactive materials.
Notable changes from the previous edition include clarification of
marking requirements, a new group of surface contaminated objects (SCO-
III) for UN2913, and amendments to basic radionuclide values (activity
of the radionuclide as listed in Sec. 173.435) for seven specific
radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 and Tb-
161). The Regulations for the Safe Transport of Radioactive Material
are available for download and purchase in hard copy on the IAEA
website at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material.
B. Part 172
Section 172.101 HMT
The HMT provides the terms and conditions governing transportation
of hazardous materials under the HMR. For each entry, the HMT
identifies information such as the proper shipping name, UN
identification number, and hazard class. The HMT specifies additional
information or reference requirements in the HMR such as hazard
communication, packaging, quantity limits aboard aircraft, and stowage
of hazardous materials aboard vessels. PHMSA proposes to revise the
entry for ``UN2978, Radioactive material, uranium hexafluoride'' to
remove the reference to Sec. 173.427, and revise the entry for
``UN2913, Radioactive material, surface contaminated objects (SCO-I or
SCO-II)'' to add the new SCO-III material.
In the July 11, 2014, final rule,\9\ PHMSA added paragraph (e) to
Sec. 173.420, which details additional shipping requirements for
shipments of Uranium hexafluoride (UF6) and requires the UN
number and proper shipping name--``UN2978, Radioactive material,
uranium hexafluoride''--to be used for packages containing 0.1 kg or
more of non-fissile or fissile-excepted UF6. Paragraph (e)
was added to clarify that ``when there is more than one way to describe
a UF6 shipment, the proper shipping name and UN number for
the uranium hexafluoride should take precedence over the shipping
description for LSA material.'' However, PHMSA inadvertently failed to
remove the reference to Sec. 173.427 (regarding, in relevant part,
transport requirements for LSA material) from the non-bulk and bulk
packaging provisions in the 2014 final rule. The HMT entry for
``UN2978'' should reference only Sec. 173.420 (regarding requirements
for uranium hexafluoride). Compliance with the HMT as written could
result in the use of an incorrect packaging provision, a safety concern
that could lead to a dangerous situation. Therefore, PHMSA proposes to
amend the entry for ``UN2978, Radioactive material, uranium
hexafluoride'' to remove the reference to Sec. 173.427 and ensure
proper packaging is used and safety is maintained.
---------------------------------------------------------------------------
\9\ 81 FR 40590.
---------------------------------------------------------------------------
Additionally, PHMSA proposes to change the parenthetical text in
the entry for ``UN2913, Radioactive material, surface contaminated
objects (SCO-I or SCO-II)'' to read ``(SCO-I or SCO-II or SCO-III).''
This change is consistent with the addition of the new SCO-III material
discussed in this NPRM. See SECTIONS 173.403 and 173.427 of the
Section-by-Section Review for further details on this proposed change.
Section 172.102 Special Provisions
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials and contains various
provisions including packaging requirements, prohibitions, and
exceptions applicable to particular quantities or forms of such
hazardous materials. PHMSA proposes to amend special provision 139 to
remove the reference to Sec. 173.472 because in this NPRM, PHMSA
proposes to remove Sec. 173.472 from the HMR. See Section 173.472 of
the Section-by-Section Review for further details.
Section 172.203
Section 172.203 prescribes additional requirements for shipping
descriptions on shipping papers. Paragraph (d) lists information that
must be included in the description of a Class 7 (radioactive)
material, such as the category of label applied to a package as
referenced in paragraph (d)(4). PHMSA proposes to revise paragraphs
(d)(4) and (5) by adding the words ``or overpack'' to those paragraphs.
This proposed change would allow shippers to list the label and the sum
of the transport indices of the overpack on the shipping paper, instead
of the individual packages. PHMSA believes that this change would
provide cost savings without compromising safety by reducing the time
it takes for an offeror to fill out a shipping paper. This change would
also harmonize with the IAEA standards and account for the common use
of overpacks for shipping Class 7 (radioactive) materials.
Additionally, PHMSA proposes to revise paragraph (d)(6) to require
shipping papers for shipments containing fissile Class 7 (radioactive)
material to list the nuclides of the fissile material in the package.
This proposed change would provide information on which fissile
nuclides are present in the package--e.g., plutonium-239, plutonium-
241, uranium-233, or uranium-235--but would only affect shipments where
the fissile nuclides are not listed on the shipping paper in accordance
with the requirements of Sec. 173.433(g), and the fissile materials
are not excepted under Sec. 173.453. As the HMR is currently written,
it is possible that such a package could be assigned a criticality
safety index (CSI), but have no fissile nuclides listed on the shipping
paper as it does not meet the threshold set out in Sec. 173.433. A CSI
is assigned to fissile materials using a calculation in 10 CFR part 71
to provide control over the accumulation of packages, overpacks, or
freight containers containing fissile material. As this may lead to
confusion in transportation and possibly delay shipments, we have
proposed this revision to paragraph (d)(6).
Section 172.310
Section 172.310 prescribes marking requirements for packages
containing Class 7 (radioactive) materials. Specifically, paragraph (b)
requires that each industrial, Type A, Type B(U), or Type B(M) package
must be legibly and durably marked on the outside of the packaging.
PHMSA proposes to make a revision to paragraph (b) which clarifies the
existing requirement to remove markings that do not correspond with the
package being shipped. For example, if an offeror's package meets the
requirements for a Type A package and radioactive materials are then
removed, any markings identifying the package as a Type A package must
be removed or covered. Improperly labeled packages misrepresent the
hazard present in the package, which could lead to potentially
dangerous situations, especially if the label underrepresents the
hazard present. This proposed clarification will increase compliance
and decrease the likelihood of a dangerous situation occurring, thus
[[Page 55749]]
improving the safe transportation of these packages.
Additionally, PHMSA proposes to revise paragraph (e) to remove
reference to Sec. 173.472 to reflect the proposal to remove Sec.
173.472 from the HMR. See Section 173.472 of the Section-by-Section
Review for further details.
C. Part 173
Section 173.401
Section 173.401 contains the scope of subpart I of Part 173 of the
HMR, including situations that are excepted from the requirements of
subpart I. Sub-paragraph 107(d) of the IAEA regulations contains an
exception for radioactive material in--or on--a person who is to be
transported for medical treatment because of accidental or deliberate
radiation intake or contamination. Currently, Sec. 173.401(b)(2) of
the HMR provides an exception from subpart I of Part 173 for
radioactive material implanted into people or animals for diagnosis or
treatment, but not from contamination. Therefore, PHMSA proposes to add
a new paragraph (b)(6) for a medical exception to Sec. 173.401, which
would facilitate the transportation of people and their effects--such
as clothing or other items on their person--who have been contaminated
and need to be transported for medical treatment.
Additionally, PHMSA proposes to revise Sec. 173.401(b)(4) to
specify that Sec. 173.401 does not apply to all natural material and
ores containing naturally occurring radionuclides, regardless of its
intended use, provided the activity concentration of the material does
not exceed 10 times the exempt material activity concentration values
specified in Sec. 173.436, or determined in accordance with the
requirements of Sec. 173.433. Currently, only natural material and ore
containing naturally occurring radionuclides--which are either in their
natural state or which have only been processed for purposes other than
extraction of the radionuclides--are excepted from subpart I of Part
173 in Sec. 173.401(b). Material intended to be processed for the use
of the radionuclides may not utilize the exception. As written, the HMR
treats identical radioactive material differently based on its intended
use and not the hazard it presents. This change maintains the existing
activity concentration limit of 10 times the exempt material activity
concentration values specified in Sec. 173.436 meaning the hazard
level of the material exempted cannot exceed what is already permitted.
Therefore, this proposed change would harmonize with the scope of the
IAEA regulations and reflect that the hazards of naturally occurring
radionuclides do not differ based on the reason for processing or their
future intended use.
Section 173.403
Section 173.403 provides the definitions for subpart I of Part 173.
PHMSA proposes to revise various definitions to better harmonize with
2018 SSR-6, Rev. 1. The proposed changes are as follows:
Add ``dose rate'' as a new definition.
Revise the definition of ``Special form Class 7
(radioactive) material'' to align with SSR-6, paragraph 823.
Revise the definition of ``Low Specific Activity (LSA)
material'' to remove the leaching prevention requirement for LSA-III
materials.
Revise the definition of ``Surface Contaminated Object
(SCO)'' to include the SCO-III material introduced in this NPRM.
The details of these proposed changes are explained below.
Dose rate: A new definition of ``dose rate'' is being added to
clarify the term as it is used in the HMR. In past alignment with the
IAEA, ``dose rate'' has been used throughout the HMR as a term that was
meant to be synonymous with ``radiation level''--and until recently,
the two terms have been used interchangeably. However, the IAEA has
decided to exclusively use the term ``dose rate'' specified in 2018
SSR-6, Rev. 1. PHMSA and NRC have decided not to harmonize with that
change because it would not result in a change in practice or safety
but recognize that the use of two terms interchangeably without
defining ``dose rate'' can be confusing to some readers. Therefore, to
avoid confusion and provide greater clarity, PHMSA proposes to add a
definition for ``dose rate'' that will reference the definition of
``radiation level.''
Special form Class 7 (radioactive) material: PHMSA proposes to
revise the definition of ``Special form Class 7 (radioactive)
material'' to align with changes adopted by the IAEA. Specifically,
paragraph 823 of the 2018 SSR-6, Rev. 1:
Prohibits continued use of special form radioactive
material approved under the 1973 IAEA regulations, incorporated into
the HMR in 1983.
Prohibits new manufacture of special form radioactive
material that received approval under the 1985 IAEA regulations,
incorporated into the HMR in 1996.
After December 31, 2025, the 2018 SSR-6, Rev. 1 prohibits
new manufacture of special form radioactive material sources to a
design that had received approval under the 1996 edition of the IAEA
regulations, incorporated into the HMR in 2004.
Under this proposal, manufacturers of designs that conform to the
requirements of the HMR--that were effective between April 1, 1996, and
the effective date of any final rule--may continue to use those designs
provided they maintain a management system as required by SSR-6 (Rev.
1) paragraph 306. Manufacturers of older designs may be able to obtain
new competent authority approvals for these designs because there have
been no significant changes to the special form requirements since the
IAEA 1985 regulations. For special forms approved under the pre-1985
IAEA requirements, no new manufacture has been authorized under the HMR
since April 1, 1997, and those special form sources would all lack a
quality assurance program that meets Sec. 173.476(c)(4) requirements.
This proposed revision to the definition of ``Special form Class 7
(radioactive) material'' would phase out the oldest special form Class
7 (radioactive) material designs that do not meet current design
requirements; however, it would continue to allow more recent designs
to remain, provided a management system is maintained. This approach
will increase safety by: (1) removing the oldest special form Class 7
(radioactive) materials from circulation that are at a minimum 24 years
old; and (2) adding additional safety requirements to certain designs
that remain in use. The following table provides a summary of these
proposed changes:
----------------------------------------------------------------------------------------------------------------
Can I continue to
Year of design (IAEA) Year adopted manufacture to this design Can I continue to use this
by DOT year? design?
----------------------------------------------------------------------------------------------------------------
1973.................................... 1983 No........................ No.
1985.................................... 1996 No........................ Yes.
1996.................................... 2004 Yes, through December 31, Yes.
2025.
----------------------------------------------------------------------------------------------------------------
[[Page 55750]]
Low Specific Activity (LSA) material: PHMSA proposes to amend the
definition of LSA material by removing the leaching prevention
requirement for LSA-III materials and removing the reference to Sec.
173.468. LSA is material with limited specific activity that is not
fissile material or excepted under Sec. 173.453. Specifically, LSA-III
is solid material--excluding powders--with an average specific activity
that does not exceed 2x10-3 A2/g, excluding any
shielding material. Currently, LSA-III materials must also pass a
leaching test, and the contamination must be uniformly distributed.
When establishing the low average specific activity limits for LSA
material in the transport regulations, IAEA based its analysis on the
small likelihood that, under normal conditions of transportation, a
sufficient mass of such material could be taken into the body and
result in a significant radiation hazard. For the 2018 SSR-6, IAEA's
working group evaluated \10\ the need for the leaching test used to
demonstrate that the leaching prevention requirement is met, as it had
no apparent relevance to the inhalation risk of exposure to material
during transportation and determined that the leaching test for LSA-III
material did not contribute to IAEA's 50 mSv effective dose transport
safety limit. PHMSA agrees with IAEA's findings that the leaching test
does not enhance safety and proposes to harmonize with the 2018 SSR-6,
Rev. 1 by removing the leaching prevention requirement from this
section.
---------------------------------------------------------------------------
\10\ A summary of the working group's conclusions is included in
the rulemaking docket.
---------------------------------------------------------------------------
Surface Contaminated Object (SCO) III: PHMSA proposes to add a new
section to the definition for ``Surface Contaminated Objects'' to
create a type called ``Surface Contaminated Object--III.'' This new
form of surface contaminated object is meant for large solid objects
(e.g., a steam generator, reactor coolant pump, pressurizer, or reactor
head component, etc.) that cannot be transported in a package.
Currently, such shipments require the application for--and granting
of--a DOT special permit.\11\ This proposed change would codify the
requirements for the transportation of these shipments and remove the
need for a special permit, replacing it with an approval which take
less time and require less effort from the requestor due to the
codified requirements. This approach allows for a more efficient
transportation environment without any decrease in safety as PHMSA will
retain the ability to reject applications that it deems unsafe.
---------------------------------------------------------------------------
\11\ PHMSA worked with our Canadian partners to redo a 2007
proposal for the adoption of SCO-III material into the IAEA
regulations. Further, PHMSA used the experience and information we
gained from developing the special permits and--along with our
Canadian partners--developed a new proposal for SCO-III materials.
That proposal was submitted to the IAEA by Canada and ultimately
accepted.
---------------------------------------------------------------------------
Section 173.410
Section 173.410 prescribes general design requirements for packages
used for the transportation of Class 7 (radioactive) materials. In this
NPRM, PHMSA proposes two separate changes to this section.
Paragraph (i) prescribes requirements for air transport only. PHMSA
proposes to revise paragraph (i)(3) to require that all packages for
transport by air must be able to withstand an internal pressure that
produces a pressure differential of not less than the maximum normal
operating pressure plus 95 kPa (13.8 psi). Because the HMR currently
limits the provision in paragraph (i)(3) to liquid materials, this
change would expand the requirement to all radioactive materials. This
proposed change would not only harmonize the HMR with both the
International Civil Aviation Organization Technical Instructions (ICAO
TI) and IAEA regulations, but it would also increase safety by ensuring
that all packages containing radioactive material shipped by air are
capable of withstanding the pressure changes inherent in air transport.
This provision has been implemented by ICAO for all international air
carriers, and therefore PHMSA believes it is widely adopted already.
However, we request comment on this assumption.
PHMSA acknowledges that NRC has chosen not to harmonize with the
2018 SSR-6, Rev. 1, and the ICAO TI by omitting the requirements of
Sec. 173.410(i)(3) from its proposed rulemaking. NRC believes that the
existing reduced external pressure test value--which requires packages
to be tested to an external pressure of 25 kPa (3.5 LbF/in\2\) \12\
absolute--addresses air transport conditions and that Type AF and Type
B packages are adequately robust compared to Type A packages. PHMSA
requests comments on whether this disparity--between the PHMSA NPRM and
the NRC NPRM--will have any negative effects on stakeholders.
---------------------------------------------------------------------------
\12\ LbF is a unit of measurement and means ``Pounds Force.''
---------------------------------------------------------------------------
Additionally, PHMSA proposes to add a new paragraph (j) that will
require package manufacturers to take the effects of aging into
consideration during the design process. The proposed new paragraph (j)
will require the package designer to evaluate the potential degradation
phenomena over time, such as corrosion, abrasion, fatigue, crack
propagation, changes of material compositions or mechanical properties
due to thermal loadings or radiation, generation of decomposition gas,
and their impact on the functions important to safety. While PHMSA
believes package engineers already take these factors into
consideration when they design radioactive packages, there is no
specific requirement related to the aging of packaging designs. The
codification of this best practice would ensure that radioactive
packaging designs remain safe into the future, while also harmonizing
the HMR with the IAEA standards to facilitate uniform international
packaging standards and, therefore, international commerce.
Section 173.415
Section 173.415 lists the Type A packages that are authorized for
shipment, provided that the packages do not contain quantities
exceeding the A1 or A2 values for radionuclides
in Sec. 173.435. Paragraph (a) specifies the DOT Specification 7A Type
A recordkeeping requirements, and PHMSA proposes to revise three
subparagraphs in paragraph (a) to better clarify them.
First, PHMSA proposes to revise Sec. 173.415(a)(1) to better
clarify ``a description of the package.'' PHMSA proposes to add
language requiring that the report detail the radionuclide(s) tested
for use in the package, the radionuclide(s) chemical state (i.e.,
solid, liquid, or gas), and an indication as to whether the material is
special form. This proposed change would increase safety by ensuring
packages are tested for the materials they contain.
Second, PHMSA proposes to add language in Sec. 173.415(a)(1)(i) to
require test reports to describe how the test conditions met the
requirements of Sec. 173.461(a)(1). Section 173.461 describes the
methods that can be used to demonstrate compliance with the tests
required for Type A packages in Sec. 173.465. Specifically, paragraph
(a)(1) allows testing to be done with prototypes or samples of
specimens representing LSA-III special form Class 7 (radioactive)
material or packaging, in which case the contents of the packaging for
the test must simulate as closely as practicable the expected range of
physical properties of the radioactive contents or packaging to be
tested. It also encourages testers to use non-radioactive materials
when testing. Due to this flexibility, PHMSA proposes a requirement for
testers to describe
[[Page 55751]]
specifically how the test was carried out so that it can easily be
determined if the package in question is acceptable for its intended
contents. This increased transparency in the testing process will have
a positive effect on safety by allowing investigators to better
understand the testing that took place and determine if it was
performed correctly. Furthermore, PHMSA also proposes to add a
reference to Sec. 173.412(j) in Sec. 173.415(a)(1)(i) to further
clarify that the records maintained must show compliance with Sec.
173.412(j). These proposed changes will provide greater clarity by
removing the need for package manufacturers to interpret a ``detailed
description.''
Third, PHMSA proposes to revise Sec. 173.415(a)(2) to allow
offerors who obtained packagings from a packaging manufacturer--and
were provided with a certification for those packagings--the option to
contact the packaging manufacturer and have the packaging manufacturer
send the documents required in paragraph (a)(1) to DOT, rather than
requiring the offeror to maintain the documents required by paragraph
(a)(1) on file. This proposed change would conform to PHMSA's stated
intent in the 2014 final rule.\13\ Additionally, PHMSA proposes to
revise the language in paragraph (a)(2) to require certification that
the packaging meets all the requirements of Sec. Sec. 173.403,
173.410, 173.412, 173.465, and, if applicable, Sec. 173.466, instead
of Sec. 178.350. Section 178.350 requires packagings to meet the
requirements of those listed sections. These proposed changes will
clarify the specific requirements that PHMSA expects packaging
manufacturers certify their packagings to.
---------------------------------------------------------------------------
\13\ 79 FR 40589 (July 11, 2014).
---------------------------------------------------------------------------
Section 173.417
Section 173.417 provides a list of authorized fissile materials
packages. PHMSA proposes to add a new subparagraph (a)(2)(ii) for the
import and export of fissile material packages that meet the
requirements of paragraph 674 of SSR-6, and to reorganize paragraph (a)
to more clearly outline when the various packagings are allowed.
Paragraph 674 provides criteria by which fissile material may be
transported using a package design that does not require certification
by a competent authority to contain fissile material. Rather, if the
mass of fissile nuclides is limited to the quantities specified in
paragraph 674 and the package meets the performance criteria noted in
paragraph 674(a)-(c), then the package would be safe for transport
subject to criticality safety index accumulation control. PHMSA
proposes to add language to highlight and clarify the acceptable use of
this IAEA exception by listing it in the authorized fissile material
packages section. This change will align PHMSA with the IAEA standards
and provide a way for packages that meet these criteria to be shipped
to and from the US.
Section 173.420
Section 173.420 prescribes requirements for transportation of
uranium hexafluoride (fissile, fissile-excepted, and non-fissile).
PHMSA proposes to add a new paragraph (f) to direct offerors who are
shipping more than 0.1 kg of non-fissile or fissile-excepted uranium
hexafluoride to Sec. 173.477. This proposed change would aid offerors
in finding the specific requirements for their materials in the HMR,
thus increasing compliance and safety. Separately, PHMSA proposes to
provide an additional reader's aid by adding an incorporation by
reference notation to ANSI N14.1 in this section. PHMSA has also
proposed to update the ANSI N14.1 standards incorporated by reference
in section 171.7. For further information see SECTION 171.7 above.
Section 173.424
Section 173.424 provides an exception from specification packaging,
labeling, marking (except for the UN identification number marking
requirement described in Sec. 173.422(a)), and--if not a hazardous
substance or hazardous waste--shipping papers, and the requirements of
subpart I (Class 7 (Radioactive) Materials) provided all the conditions
in the section are met. PHMSA proposes to revise paragraph (h) of this
section to make it consistent with a change made to Sec. 173.421 in a
previous final rule.\14\ This proposed change would revise the section
reference from Sec. 173.426 to Sec. 173.453 and remove the exception
for shipments of up to 15 grams of uranium-235. The revised paragraph
would allow for any of the exceptions provided in Sec. 173.453--
including two new ones proposed in this NPRM--to be utilized when
shipping fissile material as excepted packages. While these exceptions
are more stringent than the flat limit of 15 grams of uranium-235, they
allow for multiple volumes from 1 to 180 grams of fissile material--not
only uranium-235--to utilize the excepted packages provisions in this
section.
---------------------------------------------------------------------------
\14\ 70 FR 56083 (Sept. 23, 2005).
---------------------------------------------------------------------------
Section 173.427
Section 173.427 provides transport requirements for LSA and SCO
materials. Currently, offerors must obtain a special permit to ship
materials that meet the new definition of SCO-III. PHMSA proposes to
revise this section to add the limits for the newly created SCO-III
material. This proposed change would revise the HMR to clearly state
the requirements for shipping SCO-III materials without the need for a
company to obtain a special permit. Instead, a company will apply for a
less burdensome approval. This process will still require PHMSA to
review the requestor's transport plan to ensure it is safe and within
the requirements of the HMR, thus maintaining the level of safety
achieved by the current system. This proposed change would also align
the HMR with IAEA requirements.
In order to revise the HMR as described above, PHMSA proposes to
redesignate current paragraph (d) as paragraph (e), redesignate current
paragraph (e) as paragraph (f), and create a new paragraph (d) that
will list the requirements for the transport of SCO-III material. PHMSA
also proposes to require approval by the Associate Administrator of
Hazardous Materials Safety for SCO-III shipments; therefore, paragraph
(d)(6) would prescribe the approval application requirements for SCO-
III shipments. In addition, PHMSA proposes to amend paragraphs (a)(2)
and (a)(6)(i) to provide exceptions for SCO-III material that cannot
meet the transport requirements outlined in these provisions because of
its large physical size, provided certain provisions are included in
the shipment's transport plan.
Section 173.431
Section 173.431 contains the activity limits for Type A and Type B
packages. In this NPRM, PHMSA proposes to revise paragraph (b) by
removing references to Sec. Sec. 173.416, 173.417, and 173.472. First,
PHMSA proposes to remove Sec. 173.472 in this NPRM as an editorial
edit following deletion in the HM-250 final rule--therefore the
reference to Sec. 173.472 is no longer applicable.\15\ See SECTION
173.472 of the Section-by-Section Review for further details. Second,
PHMSA proposes to remove reference to Sec. Sec. 173.416 and 173.417 as
they are no longer relevant to the activity limits for Type B packages
after the various DOT Type B packages were previously phased out. The
phaseout began in 2004 with the publication of the HM-230
[[Page 55752]]
final rule \16\ and was completed by October 1, 2008.
---------------------------------------------------------------------------
\15\ 79 FR 40589 (July 11, 2014).
\16\ 69 FR 3631 (Jan. 26, 2004).
---------------------------------------------------------------------------
Section 173.433
Section 173.433 prescribes requirements for determining basic
radionuclide values and for listing radionuclides on shipping papers
and labels. PHMSA proposes to add a new paragraph (i) that would allow
stakeholders to request an approval to allow certain instruments or
articles to have an alternative activity limit for what is considered
an exempt material instead of those found in the table in Sec.
173.436. Alternative exemption limits of material contained within
instruments or articles may be justified when it is shown that the
construction and design of the item itself provides containment and
shielding of the radionuclide--in both routine and adverse conditions
of transport--to minimize risks. An alternative activity limit would
allow for Class 7 materials transported as component parts of an
instrument or article to be shipped as an exempt material provided both
PHMSA and--for international shipments--other competent authorities
approve. Currently, this practice is permissible only via special
permit. However, the 2018 SSR-6, Rev. 1 codified language to allow a
shipper who transports Class 7 (radioactive) material internationally
to request this exemption. The IAEA requires multilateral approval for
an alternative activity limit shipment meaning an offeror must obtain a
competent authority approval from the design or shipment origin country
as well as any country the shipment will be transported through or
into. PHMSA believes alignment of the HMR with the 2018 SSR-6, Rev. 1
would facilitate international trade and--in fact--U.S. companies may
be at a domestic disadvantage if PHMSA were to not adopt this change
into the HMR.
Section 173.435
Section 173.435 lists the A1 and A2 values
for the most commonly transported radionuclides in the ``Table of
A1 and A2 values for radionuclides.''
A1 and A2 values are used in the international
and domestic transportation regulations to specify the amount of
radioactive material that is permitted to be transported in a
particular packaging.
PHMSA proposes to revise the table by adding seven new
radionuclides--Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149, and Tb-
161)--that the NRC has indicated there is an increased need to ship
(e.g., Ba-135m and Ge-69 for medical uses, etc.). Without provided
values for these radionuclides, the general values given in tables 7
and 8 must be used, which could significantly impact the ability to
transport these radionuclides by either necessitating decay prior to
shipment, the use of multiple Type A Packages, or the use of Type B
packages, as well as leading to possible miscommunication of the
relative hazards. PHMSA has determined these new activity limits are
safe for transportation in specification Type A packaging. This
proposed change would provide a cost savings to offerors of these newly
added radionuclides without a reduction in safety. Adding these seven
new radionuclides will also provide increased clarity about the
products shipped, which will increase safe transport and shipment of
these radionuclides.
PHMSA also proposes to make an editorial change to the specific
activity values for Rb(nat). Currently, the specific activity values of
6.7 x 10-10 TBq/g and 1.8 x 10-8 Ci/g incorrectly
use an underscore to represent the negative sign. In this NPRM, we are
proposing to revise the specific activity values to correctly show the
appropriate negative sign.
Section 173.436
Section 173.436 specifies the nuclide-specific exemption
concentrations and the nuclide-specific exemption-consignment activity
limits for radionuclides. As noted above, in order to align with the
2018 SSR-6, Rev. 1, PHMSA proposes to add seven new radionuclides to
this table (Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149, and Tb-161).
Without provided values for these radionuclides, the general values
given in table 8 must be used, which could significantly impact the
ability to transport these radionuclides by either necessitating decay
prior to shipment, the use of multiple Type A Packages, or the use of
Type B packages.
Additionally, PHMSA proposes to clarify footnote ``b'' of Sec.
173.436 per table 2 to state that in the case of Th-natural, the parent
nuclide is Th-232; and in the case of U-natural, the parent nuclide is
U-238. This information is not clearly communicated in the footnote as
currently written and may cause frustration in the interpretation of
the HMR.
Section 173.443
Section 173.443 specifies contamination control limits. PHMSA
proposes to revise paragraph (c) to reference the new paragraph (d)
proposed in Sec. 173.427. This change would amend the requirement for
each conveyance, overpack, freight container, tank, or intermediate
bulk container--used for transporting Class 7 (radioactive) materials
as an exclusive use shipment--to be surveyed with appropriate radiation
detection instruments after each exclusive use transport to include the
new SCO-III materials. By adding the reference to Sec. 173.427(d),
PHMSA is applying the existing contamination control requirements to
the new SCO-III materials. This proposed change would ensure that any
conveyance used to transport SCO-III material is properly surveyed and
decontaminated before returning to general service, and would harmonize
with the IAEA standards, thus ensuring conveyances may easily continue
on in international service safely.
Section 173.447
Section 173.447 specifies the general requirements for temporary
storage of Class 7 (radioactive) material during the course of
transportation. In 2002--in the HM-230 NPRM \17\--the Research and
Special Programs Administration (RSPA), PHMSA`s precursor agency,
proposed to move certain requirements in Sec. 173.447 to Sec.
173.441(d)(3). These requirements included a limit of 50 on the sum of
transport indexes of groups of packages while in storage incidental to
transportation, and distancing requirements of at least 6 meters or 20
feet. The paragraph enacting those changes was inadvertently omitted in
the HM-230 final rule.\18\ These values have been in place in the IAEA
and other sections of the HMR for over 30 years. Therefore, PHMSA
proposes to reinstate the limit on the sum of transport indexes of a
group of packages and distancing requirements while in storage
incidental to transport as paragraph (b) in Sec. 173.447.
---------------------------------------------------------------------------
\17\ 67 FR 21327 (Apr. 30, 2002).
\18\ 69 FR 3631 (Jan. 26, 2004).
---------------------------------------------------------------------------
The proposed requirements are consistent with the various modal
sections of the HMR. For example, parts 174 and 177 for railroad and
highway transportation, respectively, both require that shippers keep
any single group of Class 7 (radioactive) packages in any storage
location limited to a total transport index number of 50. Similarly,
the requirements for air transportation in Sec. 175.700 and vessel
transportation in Sec. 176.704 limit the transportation index to 50 on
passenger aircraft or in freight containers. Additionally, all modes of
transportation require Class 7 (radioactive) materials to maintain a
certain distance from animals, people,
[[Page 55753]]
or other Class 7 (radioactive) materials. For example, part 177
requires the proposed distance requirements of 6 meters or 20 feet
between groups of packages. These proposed requirements in Sec.
173.447 for total transport index and distancing would help to ensure
the safety of those who store and handle Class 7 (radioactive)
materials.
Section 173.448
Section 173.448 contains general transportation requirements for
Class 7 (radioactive) materials. PHMSA proposes to revise this section
to require overpacks to have the consignor and/or consignee marked on
the outside of the overpack if it cannot be seen on the packages. This
proposed change would reduce confusion and increase safety by
identifying the consignee and consignor marking requirements on the
outside of the overpack if they cannot be seen on the individual
packages in the overpack.
Section 173.453
Section 173.453 contains provisions that allow a material to be
excepted from some requirements for fissile materials. PHMSA proposes
to add a sentence to paragraph (d) that would require materials
utilizing that exception to have fissile material that is distributed
homogenously and that does not form a lattice arrangement. Uranium
enriched to less than five percent (5%) by weight is most reactive when
it is in a heterogeneous configuration. For uranium enriched to not
more than one percent (1%), a large heterogeneous system or lattice
arrangement would be required for a material utilizing this exception
to approach criticality. This proposed change would align the HMR with
the current NRC and IAEA requirements and ensure the safe transport of
such fissile material.
Additionally, PHMSA proposes to add a new paragraph (g) that would
provide a new exception for up to 3.5 grams of uranium-235 where the
uranium-235 is not more than five percent (5%) of the material. This
new exception is comparable to the 49 CFR 173.453(a) exemption limit of
up to 2.0 grams of fissile material per package. The additional neutron
absorption provided by uranium-238 in 5.0 weight percent enriched
uranium compensates for the additional 1.5 grams of uranium-235 mass
(i.e., up to 3.5 grams uranium-235 per package), when compared to the
49 CFR 173.453(a) limit of 2.0 grams. This proposed change would align
the HMR with the changes that NRC has identified in the Regulatory
Basis for NRC Docket 2016-0179. It would also align the HMR with the
IAEA standards--but without the consignment limit in SSR-6 paragraph
570(c)--and allow the increased transport of uranium-235 without any
additional impacts on safety. PHMSA has decided not to adopt the
consignment limit. The amount of fissile material allowed by this
proposed provision would be similar to the existing exception in 49 CFR
173.453(a)in terms of reactivity. In addition, the consignment limit of
SSR-6 paragraph 570(c) does not affect the accumulation of packages on
a transport conveyance because there is no limit to the number of
consignments that may be present on a single conveyance.
Finally, PHMSA proposes to add a new paragraph (h) that will
provide an exception for up to 140 grams of fissile nuclides when
shipped under exclusive use. This proposed change would align the HMR
with the changes that NRC has identified in the Regulatory Basis for
NRC Docket 2016-0179, by adopting a modified version of a 45-gram
exception in SSR-6. In evaluating this new exception, NRC staff
determined that the IAEA SSR-6 45-gram exception was unnecessarily
conservative--45 grams represents about one eighth of the consensus
minimum subcritical mass value for plutonium-239 moderated by water.
NRC staff also determined that a mass value higher than that contained
in IAEA SSR-6 paragraph 417(e) is justified, given the conservatism
inherent in the exclusive use restriction of the SSR-6 provision, and
because plutonium-239 would have to be shipped in a Type B package that
withstands hypothetical accident conditions. Therefore, PHMSA and NRC
propose a limit of 140 grams of fissile material. When determining the
proposed limit, NRC considered uranium-235 rather than plutonium-239,
as any amount of plutonium-239 over 0.435 grams is considered Type B,
which would have to be packaged to withstand both normal and
hypothetical accident conditions of transport. This limit is based on
one-fifth of a consensus minimum critical mass of uranium-235 under
optimum conditions. This mass represents a conservative limit for
fissile material, because five times this amount would remain
subcritical under any conditions. PHMSA and NRC anticipate that
shipments utilizing this exception would be used primarily for domestic
transportation (e.g., decommissioning activities where contaminated
items or small quantities of fissile material would be shipped for
disposal), and only rarely for international shipments. In the rare
instances where international shipments under this exemption provision
are necessary, shippers would have to be aware of this difference and
ship under the lower limit in IAEA SSR-6 paragraph 417(e).
Section 173.465
Section 173.465 contains the test requirements for Type A
packaging. Specifically, paragraph (c) contains the free drop test
requirements. In response to a request from the U.S. Department of
Energy (DOE), PHMSA proposes to revise paragraph (c) to clarify that
the free drop test required by paragraph (c)(2) is applicable only to
fissile material rectangular packages not exceeding 50 kg and fissile
material cylindrical packages not exceeding 100 kg. This proposed
change would align the HMR with the similar NRC requirement in 10 CFR
71.71(c)(8), which was modified in a previous final rule.\19\ NRC
agreed with a comment to that rule that for a large and heavy package,
it is considered highly implausible for a package to undergo a one-foot
corner drop as a normal condition of transport, and that only a free
drop with the package in its normal orientation should be specified as
a normal condition of transport for large and heavy packages. NRC
removed the corner drop test for fiberboard, wood, or fissile material
rectangular packages weighing more than 50 kg (110 lbs.), and for
fissile material cylindrical packages weighing more than 100 kg (220
lbs.). PHMSA agrees with NRC's determination and expects that the
proposed change will provide cost savings to packaging manufacturers
without reducing safety.
---------------------------------------------------------------------------
\19\ 60 FR 50248 (Sep. 28, 1995).
---------------------------------------------------------------------------
Section 173.468
Section 173.468 contains the requirements for the leaching test
required for LSA-III materials in Sec. 173.403. As stated in the
Section-by-Section discussion for Sec. 173.403, PHMSA proposes to
remove the leaching test requirement. Therefore, PHMSA proposes to
remove and reserve Sec. 173.468 in its entirety as it would no longer
be necessary.
Section 173.472
Section 173.472 provides the requirements for exporting DOT
specification Type B packages. This section is no longer necessary
because the HM-250 final rule \20\ amended Sec. Sec. 173.416 and
173.417 to remove the paragraphs that authorized use of DOT
specification Type B and fissile material packages. Therefore, PHMSA
proposes
[[Page 55754]]
to remove and reserve this section in its entirety.
---------------------------------------------------------------------------
\20\ 79 FR 40589 (Jul. 11, 2014).
---------------------------------------------------------------------------
Section 173.475
Section 173.475 contains the general quality control requirements
for packages authorized to contain Class 7 (radioactive) materials. In
this section, PHMSA proposes to add a new paragraph (j) that would
require offerors and shippers to assure that packages or overpacks have
been properly maintained while in storage before using those packages
to transport Class 7 (radioactive) materials. This new paragraph would
require that packages are maintained properly while in storage, thus
increasing safety by reducing the likelihood that a package would fail
while in transportation. PHMSA expects that there will be safety
benefits to packages that are properly maintained in storage. This
proposed change would align with the 2018 SSR-6, Rev. 1.
D. Part 174
Section 174.750
Section 174.750 contains the requirements for rail incidents that
involve a hazardous materials leak. PHMSA proposes to revise paragraph
(a) to reference Sec. 173.443(e) when a leak of Class 7 (radioactive)
materials occurs. Section 173.443(e) specifies the steps that must be
taken when a leak of Class 7 (radioactive) materials occurs. These
steps include limiting access to the package or conveyance, determining
the resultant radiation level of the package or conveyance, and--if
applicable--additional steps for the protection of persons, property,
and the environment. This proposed change would provide clarification
and ensure that the contamination control requirements for Class 7
materials are more easily accessible to rail carriers.
E. Part 175
Section 175.705
Section 175.705 contains the requirements for air carriers in the
event of radioactive contamination. PHMSA proposes to revise paragraph
(b) to reference Sec. 173.443(e) when a leak occurs of Class 7
(radioactive) materials. Section 173.443(e) specifies the steps that
must be taken when a leak of Class 7 (radioactive) materials occurs.
These steps include limiting access to the package or conveyance,
determining the resultant radiation level of the package or conveyance,
and--if applicable--additional steps for the protection of persons,
property, and the environment. This proposed change would provide
clarification and ensure that the contamination control requirements
for Class 7 materials are more easily accessible to air carriers.
F. Part 176
Section 176.715
Section 176.715 contains the requirements for contamination control
aboard vessels. PHMSA proposes to revise Sec. 176.715 to reference
Sec. 173.443(e) when a leak occurs of Class 7 (radioactive) materials.
Section 173.443(e) specifies the steps that must be taken when a leak
of Class 7 materials occurs. These steps include limiting access to the
package or conveyance, determining the resultant radiation level of the
package or conveyance, and--if applicable--additional steps for the
protection of persons, property, and the environment. This proposed
change would provide clarification and ensure that the contamination
control requirements for Class 7 materials are more easily accessible
to vessel carriers.
G. Part 177
Section 177.843
Section 177.843 contains requirements in the event of a motor
vehicle becoming contaminated. PHMSA proposes to revise paragraph (c)
to reference Sec. 173.443(e) when a leak occurs of Class 7
(radioactive) materials. Section 173.443 (e) specifies the steps that
must be taken when a leak of Class 7 materials occurs. These steps
include limiting access to the package or conveyance, determining the
resultant radiation level of the package or conveyance, and--if
applicable--additional steps for the protection of persons, property,
and the environment. This proposed change would provide clarification
and ensure that the contamination control requirements for Class 7
materials are more easily accessible to motor vehicle carriers.
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority
This NPRM is published under the authority of Federal Hazardous
Materials Transportation Act (HMTA; 49 U.S.C. 5101-5127). Section
5103(b) of the HMTA authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation of hazardous
materials in intrastate, interstate, and foreign commerce. The
Secretary's section 5103(b) authority includes the authority to
prescribe regulations to provide for security in such transportation.
Additionally, 49 U.S.C. 5120 authorizes the Secretary to consult with
interested international authorities to ensure that, to the extent
practicable, regulations governing the transportation of hazardous
materials in commerce are consistent with the standards adopted by
international authorities. The Secretary has delegated the authority
granted in the HMTA to the PHMSA Administrator pursuant to 49 CFR
1.97(b).
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866 (``Regulatory Planning and Review'') \21\
requires agencies to regulate in the ``most cost-effective manner,'' to
make a ``reasoned determination that the benefits of the intended
regulation justify its costs,'' and to develop regulations that
``impose the least burden on society.'' Similarly, DOT Order 2100.6A
(``Policies and Procedures for Rulemakings'') requires that PHMSA
rulemaking actions include ``an assessment of the potential benefits,
costs, and other important impacts of the regulatory action,'' and (to
the extent practicable) the benefits, costs, and any significant
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------
\21\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------
Executive Order 12866 and DOT Order 2100.6A require that PHMSA
submit ``significant regulatory actions'' to the Office of Management
and Budget (OMB) for review. This rulemaking is not considered a
significant regulatory action under section 3(f) of Executive Order
12866 and, therefore, was not formally reviewed by OMB. This rulemaking
is also not considered a significant rule under DOT Order 2100.6A.
The following is a brief summary of costs, savings, and net
benefits of some of the amendments proposed in this notice. PHMSA has
developed a more detailed analysis of these costs and benefits in the
preliminary regulatory impact analysis (PRIA), a copy of which has been
placed in the docket.\22\ PHMSA seeks public comment on its proposed
revisions to the HMR and the preliminary cost and benefit analyses in
the PRIA.
---------------------------------------------------------------------------
\22\ The PRIA is available in the regulatory docket (Docket ID:
PHMSA-2018-0081) at www.regulations.gov.
---------------------------------------------------------------------------
PHMSA proposes to amend the HMR to maintain alignment with
international regulations and standards and to make regulatory
amendments identified through internal regulatory review processes to
update, clarify, correct, or streamline certain regulatory requirements
applicable to the transportation of Class 7 (radioactive) materials.
These amendments would maintain the continued high level of
[[Page 55755]]
safety in the transportation of hazardous materials while producing a
net cost savings.
PHMSA quantifies $57,000 \23\ in net cost savings over a 10-year
period from the incorporation of approximately 50 \24\ existing special
permits through the proposed amendments to add SCO-III material and to
allow stakeholders to request an approval to allow certain instruments
or articles to have an alternative activity limit for what is
considered an exempt material. Under the proposal, these special
permits would no longer be needed for shippers and transporters of
radioactive materials to comply with the HMR, eliminating the burden of
renewal. The following estimates do not include the non-monetized and
qualitative cost/cost savings discussed in the PRIA. The following
Table 6.1 from the PRIA presents a summary of monetized impacts that
contribute to PHMSA's estimation of quantified net cost savings.
---------------------------------------------------------------------------
\23\ The total cost savings is calculated using 2016 dollars.
\24\ This number is based on an estimation by subject matter
experts from the Office of Hazardous Materials Safety.
Table 6.1--Proposed Special Permit Cost Savings
[Total cost savings in 2021 dollars over 10 years at 3% and 7% discount rates]
----------------------------------------------------------------------------------------------------------------
Discounted Discounted
Year Undiscounted cost saving cost savings
cost savings (3%) (7%)
----------------------------------------------------------------------------------------------------------------
2023............................................................ $6,886.1 $6,490.8 $6,014.6
2024............................................................ 6,886.1 6,301.7 5,621.1
2025............................................................ 6,886.1 6,118.2 5,253.3
2026............................................................ 6,886.1 5,940.0 4,4909.7
2027............................................................ 6,886.1 5,767.0 4,588.5
2028............................................................ 6,886.1 5,599.0 4,288.3
2029............................................................ 6,886.1 5,435.9 4,007.8
2030............................................................ 6,886.1 5,277.6 3,745.6
2031............................................................ 6,886.1 5,123.9 3,500.5
2032............................................................ 6,886.1 4,974.6 3,271.5
-----------------------------------------------
Total....................................................... 68,860.7 57,028.7 45,200.8
----------------------------------------------------------------------------------------------------------------
Annualized...................................................... .............. 6,685.5 6,435.6
----------------------------------------------------------------------------------------------------------------
PHMSA describes additional provisions in the PRIA for which PHMSA
was unable to monetize their cost savings impacts, but instead provides
a qualitative discussion. Additional potential benefits identified in
this NPRM include enhanced safety resulting from the consistency of
domestic and international requirements for transportation of
radioactive materials and streamlining regulatory compliance for
shippers engaged in domestic and international commerce, including
trans-border shipments within North America. In addition, the proposed
changes should permit continued access to foreign markets by domestic
shippers of radiopharmaceuticals and other radioactive materials. While
information gaps prevent quantification of cost savings for these
items, PHMSA believes that they streamline unnecessary requirements or
provide additional flexibility, while maintaining the same high level
of safety in the transportation of hazardous materials.
As noted in Table 6.1, PHMSA estimates annualized net cost savings
of approximately $6,700 at a 3% discount rate. Please see the PRIA in
the regulatory docket for additional detail and a description of
PHMSA's methods and calculations. PHMSA encourages interested parties
to provide information and quantitative data relevant to the proposals
in this notice and the associated costs and benefits described in the
preliminary regulatory evaluation for this rulemaking.
C. Executive Order 13132
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'') \25\
and its implementing Presidential Memorandum (``Preemption'').\26\
Executive Order 13132 requires agencies to assure meaningful and timely
input by state and local officials in the development of regulatory
policies that may have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
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\25\ 64 FR 43255 (Aug. 4, 1999).
\26\ 74 FR 24693 (May 22, 2009).
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The proposed rule would not have substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. The Federal hazardous materials
transportation law contains an express preemption provision at 49
U.S.C. 5125(a) that preempts State, local, and Tribal requirements if:
(1) compliance with such requirement makes compliance with the DOT
regulations issued under the authority of the Federal hazardous
materials transportation law not possible; or (2) compliance with such
requirement is an obstacle to carrying out a regulation prescribed
under the authority of the Federal hazardous materials transportation
law. The Federal hazardous materials transportation law also contains
an express preemption provision at 49 U.S.C. 5125(b) that preempts
State, local, and Tribal requirements on certain covered subjects,
unless the non-Federal requirements are ``substantively the same'' as
the Federal requirements, including the following:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
[[Page 55756]]
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject items (1), (2), (3),
and (5) and would preempt any State, local, and Tribal requirements not
meeting the ``substantively the same'' standard. Any preemption results
directly from operation of 49 U.S.C. 5125. In addition, in this
instance, the preemptive effect of the proposed rule is limited to the
minimum level necessary to achieve the objectives of the hazardous
materials transportation law under which the final rule is promulgated.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
D. Executive Order 13175
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \27\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and
Tribes'').\28\ Executive Order 13175 and DOT Order 5301.1 require DOT
Operating Administrations to assure meaningful and timely input from
Native American Tribal government representatives in the development of
rules that significantly or uniquely affect Tribal communities by
imposing ``substantial direct compliance costs'' or ``substantial
direct effects'' on such communities or the relationship and
distribution of power between the federal government and Native
American Tribes.
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\27\ 65 FR 67249 (Nov. 9, 2000).
\28\ Available at DOT Order 5301.1 American Indians/Alaska
Natives/Tribes [bond] US Department of Transportation.
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PHMSA assessed the impact of the rulemaking and determined that it
would not significantly or uniquely affect Tribal communities or Native
American Tribal governments. The changes to the HMR proposed in this
NPRM would have broad, national scope. PHMSA does not expect this
rulemaking would significantly or uniquely affect Tribal communities,
impose substantial compliance costs on Native American Tribal
governments, or mandate Tribal action. And because PHMSA expects the
rulemaking would not adversely affect the safe transportation of
hazardous materials generally, PHMSA does not expect it would entail
disproportionately high adverse risks for Tribal communities. For these
reasons, the funding and consultation requirements of Executive Order
13175 and DOT Order 5301.1 to apply. However, PHMSA solicits comment
from Native American Tribal governments and communities on potential
impacts of the proposed rulemaking.
E. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to review proposed regulations to assess their impact on small
entities, unless the agency head certifies that a proposed rulemaking
will not have a significant economic impact on a substantial number of
small entities including small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations under 50,000.
The Regulatory Flexibility Act directs agencies to consider exceptions
and differing compliance standards for small businesses, where possible
to do so and still meet the objectives of applicable regulatory
statutes. Executive Order 13272 (``Proper Consideration of Small
Entities in Agency Rulemaking'') \29\ requires agencies to establish
procedures and policies to promote compliance with the Regulatory
Flexibility Act and to ``thoroughly review draft rules to assess and
take appropriate account of the potential impact'' of the rules on
small businesses, governmental jurisdictions, and small organizations.
The DOT posts its implementing guidance on a dedicated web page.\30\
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\29\ 67 FR 53461 (Aug. 16, 2002).
\30\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
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This proposed rulemaking has been developed in accordance with
Executive Order 13272 and with DOT's procedures and policies to promote
compliance with the Regulatory Flexibility Act to ensure that potential
impacts of draft rules on small entities are properly considered. This
proposed rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. It applies to offerors and carriers of hazardous materials,
some of whom are small entities, such as suppliers, packaging
manufacturers, distributors, and training companies. As discussed in
the PRIA, the amendments in this proposed rule would result in net cost
savings and streamline regulatory compliance for shippers engaged in
domestic and international commerce, including transborder shipments
within North America. PHMSA has identified six provisions proposed in
the NPRM that may incur costs however as explained in the PRIA it does
not believe these costs will be significant. Additionally, the
proposals in this notice would allow U.S. companies, including small
entities competing in foreign markets, to comply, to the maximum extent
possible, with a single system of regulations. The proposals would also
maintain the high level of safety in the transport of hazardous
materials. Therefore, PHMSA tentatively certifies that these amendments
will not, if adopted, have a significant economic impact on a
substantial number of small entities. However, PHMSA solicits comments
on the anticipated economic impacts to small entities and which
entities will be affected.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
no person is required to respond to an information collection unless it
has been approved by the Office of Management and Budget (OMB) and
displays a valid OMB control number. Pursuant to 44 U.S.C.
3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA must provide interested
members of the public and affected agencies with an opportunity to
comment on information collection and recordkeeping requests.
PHMSA has analyzed this NPRM in accordance with the Paperwork
Reduction Act. PHMSA currently accounts for shipping paper burdens
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping
Papers and Emergency Response Information.'' PHMSA proposes two
amendments in this NPRM that may impact burden accounted for in OMB
Control Number 2137-0034. The first is the proposed revision to Sec.
172.203(d) to allow a shipper to list the label type and transport
index of an overpack on the shipping paper, instead of for the
individual packages contained in the overpack. The second is the
proposed requirement for a shipper to list the nuclide names for
fissile Class 7 (radioactive) material on the shipping paper even if it
is not required for the package in accordance with Sec. 172.203. PHMSA
expects the proposed change regarding an overpack's transport index
will result in an overall reduction in burden while the nuclides
proposed change will result in a small increase in burden. PHMSA
analyzed these proposals and expects the impact to the
[[Page 55757]]
overall annual burden will be negligible in relation to the total
number of burden hours currently associated with this information
collection because PHMSA anticipates that the proposed change which
will increase burden will affect less than 10 shipments per year. PHMSA
seeks comment on any expected cost of the proposed change requiring a
shipper to list nuclide names.
PHMSA accounts for burden associated with Class 7 (radioactive)
materials reporting and recordkeeping requirements under OMB Control
Number 2137-0510 ``RAM Transportation Requirements.'' PHMSA proposes to
revise Sec. 173.448 to require that overpacks be marked with the
consigner and consignee name and address when the mark is not visible.
PHMSA expects that this proposed revision will increase burden under
OMB Control Number 2137-0510. PHMSA estimates that there are 10
respondents offering radioactive materials in overpacks. Each of these
respondents will be required to mark the consigner and consignee name
and address on 50 overpacks per year, for a total of 500 annual
responses (10 respondents x 50 overpacks per respondent). PHMSA
estimates that it will take one (1) minute to mark each overpack with
the consigner and consignee name and address, resulting in an increase
of approximately eight (8) annual burden hours. The following
summarizes the estimated increase in burden associated with OMB Control
Number 2137-0510:
Annual Increase in Number of Respondents: 10.
Annual Increase in Number of Responses: 500.
Annual Increase in Burden Hours: Eight (8).
PHMSA requests comments on the information collection and
recordkeeping burdens associated with developing, implementing, and
maintaining these proposed requirements. Address written comments to
the DOT Docket Operations Office identified in the ADDRESSES section of
this rulemaking. PHMSA must receive comments regarding information
collection burdens prior to the close of the comment period identified
in the DATES section of this rulemaking. Requests for a copy of this
information collection should be directed to Steven Andrews,
[email protected], Standards and Rulemaking Division (PHH-10), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001. If these proposed amendments are adopted
in a final rule, PHMSA will submit the revised information collection
and recordkeeping requirements to OMB for approval.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et
seq.) requires agencies to assess the effects of federal regulatory
actions on state, local, and Tribal governments, and the private
sector. For any NPRM or final rule that includes a federal mandate that
may result in the expenditure by state, local, and Tribal governments,
or by the private sector of $100 million or more in 1996 dollars in any
given year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the federal mandate.
As explained in the PRIA, available for review in the docket, this
proposed rulemaking does not impose unfunded mandates under the UMRA.
It does not result in costs of $100 million or more in 1996 dollars to
either state, local, or Tribal governments, or to the private sector,
in any one year. Therefore, the analytical requirements of UMRA do not
apply.
H. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321
et seq.), requires that federal agencies analyze proposed actions to
determine whether the action would have a significant impact on the
human environment. The Council on Environmental Quality implementing
regulations (40 CFR parts 1500-1508) require Federal agencies to
conduct an environmental review considering (1) the need for the
action, (2) alternatives to the action, (3) probable environmental
impacts of the action and alternatives, and (4) the agencies and
persons consulted during the consideration process. DOT Order 5610.1C
(``Procedures for Considering Environmental Impacts'') establishes
departmental procedures for evaluation of environmental impacts under
NEPA and its implementing regulations.
1. Purpose and Need
This NPRM would amend the HMR to maintain alignment with
international consensus standards by incorporating into the HMR various
amendments from the International Atomic Energy Agency (IAEA)
publication, entitled ``Regulations for the Safe Transport of
Radioactive Material, 2018 Edition, Specific Safety Requirements, No.
SSR-6 (Rev. 1).'' PHMSA proposes additional amendments that are
intended to update, clarify, correct, or streamline certain regulatory
requirements. PHMSA notes that the amendments proposed in this NPRM are
intended to result in cost savings and reduced regulatory burden for
shippers engaged in domestic and international commerce, including
transborder shipments within North America. Absent adoption of the
amendments proposed in the NPRM, U.S. companies--including numerous
small entities competing in foreign markets--may be at an economic
disadvantage because of their need to comply with a dual system of
regulations.
As explained at greater length above in the preamble of this NPRM
and in the PRIA (each of which are incorporated by reference in this
discussion of the environmental impacts of the Proposed Action
Alternative), PHMSA expects the adoption of the regulatory amendments
proposed in this NPRM would maintain the high safety standard currently
achieved under the HMR. PHMSA has evaluated the safety each of the
amendments proposed in this NPRM on its own merit, as well as the
aggregate impact on transportation safety from adoption of those
amendments.
2. Alternatives
In developing this proposed rule, PHMSA considered the following
alternatives:
No Action Alternative
If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no provisions would be amended or
added.
Proposed Action Alternative
This alternative is the current proposal as it appears in this
NPRM, applying to transport of hazardous materials by various transport
modes (highway, rail, vessel, and aircraft). The proposed amendments
included in this alternative are more fully discussed in the preamble
and regulatory text sections of this NPRM. This proposed action amends
certain requirements related to the shipment of Class 7 (radioactive)
materials including various provisions that will increase safety
standards and improve enforceability such as:
Sec. 173.410--PHMSA is proposing a new paragraph which
will require each packages used for the shipment of Class 7
(radioactive) materials to be designed so that the effect of aging
mechanisms (e.g., corrosion, abrasion, fatigue, crack propagation,
changes of material compositions or mechanical properties due to
thermal loadings or radiation,
[[Page 55758]]
generation of decomposition gas, etc.) and their impact on the
functions important to safety is considered.
Sec. 173.453(d)--PHMSA is proposing to add an additional
requirement to this exception requiring fissile material to be
distributed homogeneously and to not form a lattice arrangement within
the package.
Furthermore, this NPRM proposes to amend the following provisions,
which PHMSA will explain in greater detail the following section
analyzing environmental impacts.
Sec. 173.403--PHMSA is proposing to remove the
requirement for compliance with Sec. 173.468, which requires the
material to be insoluble or be intrinsically contained in a way that
prevents leaching when placed in water.
Sec. 173.427--PHMSA is proposing to add a new category of
materials, SCO-III that were previously authorized for transport by
special permit.
Sec. Sec. 173.435 and 173.436--PHMSA is proposing to add
various radionuclides to the ``Table of A1 and A2
values for radionuclides'' and the ``Exempt material activity
concentrations and exempt consignment activity limits for
radionuclides.''
Sec. 173.453--PHMSA is proposing to add two entries,
``uranium with enrichment up to five percent'' and ``fissile material
with no more than 140 grams fissile nuclides'' to the list of fissile
materials excepted from the requirements of subpart I, Class 7
(Radioactive Materials).
Sec. 173.465--PHMSA is proposing to exempt certain
packages ``not exceeding'' 50 kg (110 lbs.) and 100 kg (220 lbs.) from
the requirement to perform a free drop test.
3. Analysis of Environmental Impacts
No Action Alternative
If PHMSA were to select the No Action Alternative the HMR would
remain unchanged, and no provisions would be amended or added. Any
economic benefits gained through harmonization of the HMR with updated
international consensus standards governing shipping of hazardous
materials would not be realized. Under this alternative, PHMSA would
not exempt certain materials from regulatory requirements including
certain package tests, storage requirements, and compliance with
subpart I for certain specified fissile materials that PHMSA believes
are not needed for safety.
Additionally, the No Action Alternative would not adopt enhanced
and clarified regulatory requirements expected to maintain the high
level of safety in transportation of hazardous materials provided by
the HMR. As explained in the preamble to the NPRM, consistency between
the HMR and current international standards can enhance safety by (1)
ensuring that the HMR is informed by the latest best practices and
lessons learned; (2) improving understanding of and compliance with
pertinent requirements; (3) enabling consistent emergency response
procedures in the event of a hazardous materials incident; and (4)
facilitating the smooth flow of hazardous materials from their points
of origin to their points of destination, thereby avoiding risks to the
public and the environment from release of hazardous materials from
delays or interruptions in the transportation of those materials. PHMSA
would not capture those benefits if it declines to incorporate updated
international standards into the HMR under the No Action Alternative.
PHMSA expects that the No Action Alternative could have a modest
impact on GHG emissions. Because PHMSA expects the differences between
the HMR and international standards for transportation of hazardous
materials could result in transportation delays or interruptions, PHMSA
anticipates that there could be modestly higher GHG emissions from some
combination of (1) transfer of delayed hazardous materials to and from
interim storage, (2) return of improperly shipped materials to their
point of origin, and (3) reshipment of returned materials. PHMSA notes
that it is unable to quantify such GHG emissions because of the
difficulty in identifying the precise quantity or characteristics of
such interim storage or returns/reshipments. PHMSA also submits that,
to the extent that there are any delays arising from inconsistencies
between the HMR and recently updated international standards, there
could also be adverse impacts from the No Action Alternative for
minority populations, low-income populations, or other underserved and
other disadvantaged communities.
Proposed Action Alternative
As described above, PHMSA is proposing the following changes to the
HMR in this NPRM. While the following provisions are intended to reduce
economic and logistical burdens, PHMSA also believes that these changes
are justified by various studies and will not have a significant impact
on safety.
Sec. 173.403--PHMSA is proposing to remove the
requirement for compliance with Sec. 173.468, which requires the
material to be insoluble or be intrinsically contained in a way that
prevents leaching when placed in water. A paper submitted to IAEA which
prompted this change showed that an inhalation dose under mechanical
accident conditions of transport significantly depends on the physical
form of the LSA material. The essential difference between LSA-II and
LSA-III materials is that LSA-III is limited to solid material
excluding powder. The results of the investigation conducted by the
German authority who submitted the paper have shown that the amount of
airborne material released following mechanical accident conditions of
transport that could be inhaled is lower by at least a factor of 100
for LSA-III solids than for LSA-II solids in powder form. This much
lower airborne release for LSA-III material due to its non-readily
dispersible form compensates more than enough for its allowable 20-fold
increase in average specific activity compared to LSA-II solid in
powder form. Therefore, there is no need to take any credit from a
leaching test to justify this allowable 20-fold increase in average
specific activity between LSA-III and LSA-II, and the removal of this
test will not lead to any decreases in safety or increases in radiation
release or exposure.\31\
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\31\ B[uuml]ttner, Uwe, Frank Nitsche, Ingo Reiche, Bruno
Desnoyers, and Florentint Lange. Working paper. Review of LSA-II/
LSA-III Concept--Deletion of the LSA-III Leaching Test. Cologne,
Germany, 2015.
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173.427--PHMSA is proposing to add a new category of
materials, SCO-III that were previously authorized for transport by
special permit. The proposed language requires that offerors of this
material must provide an equivalent level of safety at least equivalent
to that which would be provided if the SCO-III had been subjected to
the test required in Sec. 173.465(b), followed by the test required in
Sec. 173.465(e). The transport plan must also demonstrate that there
would be no loss or dispersal of the radioactive contents and no more
than a 20% increase in the maximum dose rate at any external surface of
the object. The information confirming the equivalent level of safety
must be compiled into a transport plan along with other info and be
submitted to PHMSA for approval before every shipment of SCO-III. PHMSA
can then determine if the shipment is safe enough to go forward. These
measures will ensure that any SCO-III shipments do not impose undue
risk to the public in transportation.
Sec. Sec. 173.435 and 173.436--Adds various radionuclides
to the ``Table of A1 and A2 values for
radionuclides'' and the ``Exempt material activity
[[Page 55759]]
concentrations and exempt consignment activity limits for
radionuclides'' Table. This change allows for 7 new radionuclides to
utilize their new unique A1 and A2 values instead
of the generic values of tables 7 and 8 allowing for greater ease of
shipment and removing the possible need for decay prior to shipment,
the use of multiple Type A Packages, or the use of Type B packages, as
well as leading to possible miscommunication of the relative hazards.
While any increase in transportation of radioactive materials
inherently increases the risk of release and exposure to radiation, the
proposed limits in the tables of Sec. Sec. 173.435 and 173.436
combined with the established HMR framework for transporting Class 7
(radioactive) maintain the existing level of safety and chance of
exposure due to accidental release.
Sec. 173.453 Fissile materials--exceptions. PHMSA is
proposing to add two entries, ``uranium with enrichment up to 5
percent'' and ``fissile material with no more than 140 grams fissile
nuclides'' to the list of fissile materials excepted from the
requirements of subpart I for fissile materials, including the
requirements of Sec. Sec. 173.457 and 173.459, but are subject to all
other requirements of this subpart.
Fissile materials present two potential risks. The first is
radiation like any other Class 7, radioactive material. The second is
the risk of the material going critical, which is unique to fissile
materials. The fissile exempt materials of Sec. 173.453 are not given
an exemption from all of subpart I, just the fissile material
requirements. Typically, these materials must be placed in a type A
package. However, quantity specified in (g) is so small that NRC does
not see any issues with radiation provided it is packaged as required.
As for criticality, as stated in the preamble, the additional neutron
absorption provided by uranium-238 in 5.0 weight percent enriched
uranium compensates for the additional 1.5 grams of uranium-235 mass
(i.e., up to 3.5 grams uranium-235 per package), when compared to the
49 CFR 173.453(a) limit of 2.0 grams.
As for paragraph (h), ``fissile material with no more than 140
grams fissile nuclides,'' this mass value, higher than that contained
in IAEA SSR-6 (Rev. 1) paragraph 417(e) is justified, given the
conservatism inherent in the exclusive use restriction of the SSR-6
(Rev. 1) provision and because plutonium-239 would have to be shipped
in a Type B package that could withstand hypothetical accident
conditions. Therefore, PHMSA and NRC propose a limit of 140 grams of
fissile material. When determining the proposed limit, NRC considered
uranium-235 rather than plutonium-239, as any amount of plutonium-239
over 0.435 grams is considered Type B, which would have to be packaged
to withstand both normal and hypothetical accident conditions of
transport. This limit is based on one fifth of a consensus minimum
critical mass of uranium-235 under optimum conditions. This mass
represents a conservative limit for fissile material, because five
times this amount would remain subcritical under any conditions.
Because plutonium would not qualify for this exception, the NRC
used uranium as the basis for their calculations. The packaging and
exclusive use requirements make up for the exception, and there is no
risk of criticality, as it would take about five times more material
for that to be a concern. For these reasons, based on the expertise of
NRC and PHMSA, these changes will not cause an undue increase in risk
of exposure.
Sec. 173.465 Type A packaging tests--This proposed change
exempts certain packages ``not exceeding'' 50 kg (110 lbs.) for
rectangular packages and 100 kg (220 lbs.) for cylindrical packages
from the requirement to perform one of two free drop tests. This
limitation on the corner drop test already exists in the HMR for Type-A
packagings to contain non-fissile materials and for all packagings
subject to the ``normal conditions of transport'' tests in NRC's
regulations in 10 CFR 71.71. PHMSA and NRC believe that it would be
very unlikely for packages meeting those weight thresholds to undergo
sustained corner or rim drops due to the weight of the package and how
heavy packages are physically handled in the supply chain. Type A
packagings below the given weight thresholds are still required to be
capable of withstanding a drop from 1.2 meters (four feet) in a manner
so as to suffer maximum damage to the safety features being tested.
As explained further in the discussion of the No Action
Alternative, the preamble, and the PRIA, PHMSA anticipates the changes
proposed under the Proposed Action Alternative will maintain the high
safety standards currently achieved under the HMR. Harmonization of the
HMR with updated international consensus standards is also expected to
capture economic efficiencies gained from avoiding shipping delays and
compliance costs associated with having to comply with divergent U.S.
and international regulatory regimes for transportation of hazardous
materials.
PHMSA expects that the Proposed Action Alternative could realize
modest reductions in GHG emissions. Because PHMSA expects the
differences between the HMR and international standards for
transportation of hazardous materials could result in delays or
interruptions, PHMSA anticipates that the No Action Alternative could
result in modestly higher GHG emissions from some combination of (1)
transfer of delayed hazardous materials to and from interim storage,
(2) return of improperly shipped materials to their point of origin, or
(3) reshipment of returned materials. The Proposed Action Alternative
avoids those risks resulting from divergence of the HMR from updated
international standards. PHMSA notes, however, that it is unable to
quantify any GHG emissions benefits because of the difficulty in
identifying the precise quantity or characteristics of such interim
storage or returns/re-shipments. PHMSA also submits that the Proposed
Action Alternative would avoid any delayed or interrupted shipments
arising from the divergence of the HMR from updated international
standards under the No Action Alternative that could result in adverse
impacts for minority populations, low-income populations, or other
underserved and other disadvantaged communities.
4. Agency Consultation
PHMSA has coordinated with NRC in the development of this proposed
rule. PHMSA will consider the views expressed in response to this
Notice submitted by members of the public, state and local governments,
industry, and any other interested stakeholders.
5. Proposed Finding of No Significant Impact
PHMSA expects the adoption of the Proposed Action Alternative's
regulatory amendments will maintain the HMR's current high level of
safety for shipments of hazardous materials transported by highway,
rail, aircraft, and vessel, and as such finds the HMR amendments in the
NPRM would have no significant impact on the human environment. PHMSA
expects that the Proposed Action Alternative will avoid adverse safety,
environmental justice, and GHG emissions impacts of the No Action
Alternative. Furthermore, based on PHMSA's analysis of these provisions
described above, PHMSA tentatively finds that codification and
implementation of this rule would not result in a significant impact to
the human environment.
PHMSA welcomes any views, data, or information related to
environmental
[[Page 55760]]
impacts that may result from NPRM's proposed requirements, the No
Action Alternative, and other viable alternatives and their
environmental impacts.
I. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform any amendments to the HMR considered in this
rulemaking. DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS). DOT's
complete Privacy Act Statement is in the Federal Register published on
April 11, 2000,\32\ or on DOT's website at https://www.dot.gov/privacy.
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\32\ 65 FR 19477 (Apr. 11, 2000).
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J. Executive Order 13609 and International Trade Analysis
Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \33\ requires that agencies consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
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\33\ 77 FR 26413 (May. 4, 2012).
---------------------------------------------------------------------------
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465) (as
amended, the Trade Agreements Act), prohibits agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to the Trade Agreements Act, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as providing for safety, and do not
operate to exclude imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
to protect the safety of the American public, and it has assessed the
effects of the proposed rule to ensure that it does not cause
unnecessary obstacles to foreign trade. In fact, the proposed rule is
expected to facilitate international trade by harmonizing U.S. and
international requirements for the transportation of hazardous
materials. The rule is expected to reduce regulatory burdens and
minimize delays arising from having to comply with divergent regulatory
requirements. Accordingly, this rulemaking is consistent with Executive
Order 13609 and PHMSA's obligations under the Trade Agreements Act.
K. Executive Order 12898 and Environmental Justice
Executive Orders 12898 (``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations''),\34\
13985 (``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government''),\35\ 13990 (``Protecting
Public Health and the Environment and Restoring Science to Tackle the
Climate Crisis''),\36\ 14008 (``Tackling the Climate Crisis at Home and
Abroad''),\37\ and DOT Order 5610.2C (``Department of Transportation
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'') require DOT agencies to achieve environmental
justice as part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects, including interrelated social and economic
effects, of their programs, policies, and activities on minority
populations, low-income populations, and other underserved and
disadvantaged communities.
---------------------------------------------------------------------------
\34\ 59 FR 7629 (Feb. 16, 1994).
\35\ 86 FR 7009 (Jan. 25, 2021).
\36\ 86 FR 7037 (Jan. 25, 2021).
\37\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------
PHMSA has evaluated this proposed rule under the above Executive
Orders and DOT Order 5610.2C and expects it would not cause
disproportionately high and adverse human health and environmental
effects on minority, low-income, underserved, and other disadvantaged
populations, and communities. The proposed action may even reduce GHG
emissions by reducing delays in transportation arising from having to
comply with divergent regulatory requirements. The rulemaking is
facially neutral and national in scope; it is neither directed toward a
particular population, region, or community, nor is it expected to
adversely impact any particular population, region, or community. And
insofar as PHMSA expects the rulemaking would not adversely affect the
safe transportation of hazardous materials generally, PHMSA does not
expect the proposed revisions would entail disproportionately high
adverse risks for minority populations, low-income populations, or
other underserved and disadvantaged communities.
L. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards--e.g., specification of
materials, test methods, or performance requirements--that are
developed or adopted by voluntary consensus standard bodies. This
rulemaking adopts the most current versions of multiple voluntary
consensus standards which are discussed at length in the discussion in
Sec. 171.7. See Section 171.7 of the Section-by-Section Review for
further details.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging, and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials,
[[Page 55761]]
Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
PHMSA proposes to amend 49 CFR Chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
2. In Sec. 171.7 revise paragraphs (d) and (s)(1) to read as follows:
Sec. 171.7 Reference material.
* * * * *
(d) American National Standards Institute, Inc., 25 West 43rd
Street, New York, NY 10036, 212-642-4980, https://ansi.org.
(1) ANSI/ASHRAE 15-94, Safety Code for Mechanical Refrigeration,
1944, into Sec. Sec. 173.306; 173.307.
(2) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1971
Edition, into Sec. 173.420.
(3) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1982
Edition, into Sec. 173.420.
(4) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1987
Edition, into Sec. 173.420.
(5) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1990
Edition, into Sec. 173.420.
(6) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1995
Edition, into Sec. 173.420.
(7) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2001
Edition, into Sec. 173.420.
(8) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2012
Edition, into Sec. 173.420.
(9) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2019
Edition, into Sec. 173.420.
* * * * *
(s) * * *
(1) IAEA Safety Standards for Protecting People and the
Environment; Regulations for the Safe Transport of Radioactive
Material; Specific Safety Requirements No. SSR-6 (Rev.1), (IAEA
Regulations), 2018 Edition, into Sec. Sec. 171.22; 171.23; 171.26;
173.403, 173.415; 173.416; 173.417; 173.435; 173.473.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
3. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
4. In Sec. 172.101, revising in paragraph (l) the ``Hazardous
Materials Table'' to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(l) * * *
Sec. 172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) (9) (10)
------------------------------------------------------------------------------
Packaging (Sec. 173.***) Quantity Vessel stowage
------------------------------ limitations (see ---------------------------
Hazardous materials Hazard Label Special Sec. Sec. 173.27
Symbols descriptions and proper class or Identification Nos. PG codes provisions (Sec. and 175.75)
shipping names division 172.102) Non- ---------------------
Exceptions bulk Bulk Passenger Cargo Location Other
aircraft/ aircraft
rail only
(1) (2).................... (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Radioactive material, 7 UN2913 ..... 7 325, A56 421, 422, 427 427 ......... ........ A 95
surface contaminated 428
objects (SCO-I or SCO-
II or SCO-III) non
fissile or fissile-
excepted.
* * * * * * *
Radioactive material, 7 UN2978 ..... 7, 6.1, ................. 423 420 420 ......... ........ B 40, 74,
uranium hexafluoride 8 95,
non fissile or fissile- 132,
excepted. 151,
153
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0
5. In Sec. 172.102, in paragraph (c)(1) revise ``Special provision
139'' to read as follows:
Sec. 172.102 Special provisions.
* * * * *
Code/Special Provisions
* * * * *
139 Use of the ``special arrangement'' proper shipping names for
international shipments must be made under an IAEA Certificate of
Competent Authority issued by the Associate Administrator in accordance
with the requirements in Sec. Sec. 173.471 or 173.473 of this
subchapter. Use of these proper shipping names for domestic shipments
may be made only under a
[[Page 55762]]
DOT special permit, as defined in and in accordance with, the
requirements of subpart B of part 107 of this subchapter.
* * * * *
0
6. In Sec. 172.203, revise paragraphs (d)(4) through (6) to read as
follows:
Sec. 172.203 Additional description requirements.
* * * * *
(d) * * *
(4) The category of label applied to each package or overpack in
the shipment. For example: ``RADIOACTIVE WHITE-I,'' or ``WHITE-I.''
(5) The transport index assigned to each package or overpack in the
shipment bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III
labels.
(6) For a package containing fissile Class 7 (radioactive)
material:
(i) The words ``Fissile Excepted'' if the package is excepted
pursuant to Sec. 173.453 of this subchapter; or otherwise.
(ii) The criticality safety index for the package and a list of the
fissile nuclides contained in the package.
* * * * *
0
7. In Sec. 172.310, revise paragraphs (b) and (e) to read as follows:
Sec. 172.310 Class 7 (radioactive) materials.
* * * * *
(b) Each industrial, Type A, Type B(U), or Type B(M) package must
be legibly and durably marked on the outside of the packaging, in
letters at least 12 mm (0.47 in) high, with the words ``TYPE IP-1,''
``TYPE IP-2,'' ``TYPE IP-3,'' ``TYPE A,'' ``TYPE B(U),'' or ``TYPE
B(M),'' as appropriate. A package which does not conform to Type IP-1,
Type IP-2, Type IP-3, Type A, Type B(U), or Type B(M) requirements may
not be so marked. Any marking relating to the package type that does
not relate to the UN number and proper shipping name assigned to a
consignment shall be removed or covered prior to shipment.
* * * * *
(e) Each Type B(U), Type B(M), or fissile material package destined
for export shipment must also be marked ``USA'' in conjunction with the
specification marking, or other package certificate identification.
(See Sec. Sec. 173.471 and 173.473 of this subchapter.)
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
8. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
9. In Sec. 173.401, revise paragraph (b)(4) and add paragraph (6) to
read as follows:
Sec. 173.401 Scope.
* * * * *
(b) * * *
(4) Natural material and ores containing naturally occurring
radionuclides which may or may not have been processed, provided the
activity concentration of the material does not exceed 10 times the
exempt material activity concentration values specified in Sec.
173.436, or determined in accordance with the requirements of Sec.
173.433.
* * * * *
(6) Class 7 (radioactive) material in or on a person who is to be
transported for medical treatment because the person has been subject
to accidental or deliberate intake of radioactive material or
contamination.
0
10. Amend Sec. 173.403 by:
0
a. Adding a definition for ``Dose rate'' in alphabetical order; and
0
b. Revising the definitions for ``Low Specific Activity (LSA)
materials'', ``Special form Class 7 (radioactive) material'', and
``Surface Contaminated Object (SCO)''.
The additions and revisions read as follows:
Sec. 173.403 Definitions.
* * * * *
Dose rate See the definition of Radiation level in this section.
* * * * *
Low Specific Activity (LSA) material means Class 7 (radioactive)
material with limited specific activity which is not fissile material
or is excepted under Sec. 173.453, and which satisfies the
descriptions and limits set forth below. Shielding material surrounding
the LSA material may not be considered in determining the estimated
average specific activity of the LSA material. LSA material must be in
one of three groups:
(1) LSA-I:
(i) Uranium and thorium ores, concentrates of uranium and thorium
ores, and other ores containing naturally occurring radionuclides which
are intended to be processed for the use of these radionuclides; or
(ii) Natural uranium, depleted uranium, natural thorium or their
compounds or mixtures, provided they are unirradiated and in solid or
liquid form; or
(iii) Radioactive material for which the A2 value is
unlimited; or
(iv) Other radioactive material in which the activity is
distributed throughout, and the estimated average specific activity
does not exceed 30 times the values for activity concentration
specified in Sec. 173.436 or calculated in accordance with Sec.
173.433, or 30 times the default values listed in Table 8 of Sec.
173.433.
(2) LSA-II:
(i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L);
or
(ii) Other radioactive material in which the activity is
distributed throughout, and the average specific activity does not
exceed 10-4 A2/g for solids and gases, and
10-5 A2/g for liquids.
(3) LSA-III. Solids (e.g., consolidated wastes, activated
materials, etc.), excluding powders, in which:
(i) The radioactive material is distributed throughout a solid or a
collection of solid objects, or is essentially uniformly distributed in
a solid compact binding agent (such as concrete, bitumen, ceramic,
etc.); and
(ii) The estimated average specific activity of the solid,
excluding any shielding material, does not exceed 2 x 10-3
A2/g.
* * * * *
Special form Class 7 (radioactive) material means either an
indispersible solid radioactive material or a sealed capsule containing
radioactive material which satisfies the following conditions:
(1) It is either a single solid piece or a sealed capsule
containing radioactive material that can be opened only by destroying
the capsule;
(2) The piece or capsule has at least one dimension not less than 5
mm (0.2 in); and
(3) It satisfies the test requirements of Sec. 173.469. Special
form encapsulations designed in accordance with the requirements of
Sec. 173.403 in effect from April 1, 1996 to [date one-day prior to
the effective date of the final rule] may continue to be used when in
compliance with a management system as required by IAEA Regulations
(incorporated by reference; see Sec. 171.7 of this subchapter)
paragraph 306. There shall be no new manufacture of special form
radioactive material to a design allowed by the regulations in effect
prior to October 1, 2004. No new manufacture of special form
radioactive material to a design allowed by the regulations in effect
from October 1, 2004 to [date one-day prior to the effective date of
the final rule] shall be permitted to commence after December 31, 2025.
Any other special form encapsulation must meet the requirements of this
paragraph (3).
* * * * *
[[Page 55763]]
Surface Contaminated Object (SCO) means a solid object which is not
itself radioactive, but which has radioactive material distributed on
its surface. SCO shall be in one of three groups:
(1) SCO-I: A solid object on which:
(i) The non-fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 4 Bq/cm\2\ (10-4 microcurie/cm\2\) for beta and
gamma and low toxicity alpha emitters, or 0.4 Bq/cm\2\ (10-5
microcurie/cm\2\) for all other alpha emitters;
(ii) The fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 4 x 10\4\ Bq/cm\2\ (1.0 microcurie/cm\2\) for beta and gamma
and low toxicity alpha emitters, or 4 x 10\3\ Bq/cm\2\ (0.1 microcurie/
cm\2\) for all other alpha emitters; and
(iii) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm\2\ (or the area of the
surface if less than 300 cm\2\) does not exceed 4 x 10\4\ Bq/cm\2\ (1
microcurie/cm\2\) for beta and gamma and low toxicity alpha emitters,
or 4 x 10\3\ Bq/cm\2\ (0.1 microcurie/cm\2\) for all other alpha
emitters.
(2) SCO-II: A solid object on which the limits for SCO-I are
exceeded and on which:
(i) The non-fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 400 Bq/cm\2\ (10-2 microcurie/cm\2\) for beta and
gamma and low toxicity alpha emitters, or 40 Bq/cm\2\ (10-3
microcurie/cm\2\) for all other alpha emitters;
(ii) The fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 8 x 10\5\ Bq/cm\2\ (20 microcurie/cm\2\) for beta and gamma
and low toxicity alpha emitters, or 8 x 10\4\ Bq/cm\2\ (2 microcuries/
cm\2\) for all other alpha emitters; and
(iii) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm\2\ (or the area of the
surface if less than 300 cm\2\) does not exceed 8 x 10\5\ Bq/cm\2\ (20
microcuries/cm\2\) for beta and gamma and low toxicity alpha emitters,
or 8 x 10\4\ Bq/cm\2\ (2 microcuries/cm\2\) for all other alpha
emitters.
(3) SCO-III: A large solid object which, because of its size,
cannot be transported in a type of package and for which:
(i) All openings are sealed to prevent release of radioactive
material during conditions defined in Sec. 173.427(d) of this
subchapter;
(ii) The inside of the object is as dry as practicable;
(iii) The non-fixed contamination on the external surfaces do not
exceed the limits specified in Sec. 173.443 of this subchapter; and
(iv) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm\2\ does not exceed 8 x
10\5\ Bq/cm\2\ (21 microcurie/cm\2\) for beta and gamma emitters and
low toxicity alpha emitters, or 8 x 10\4\ Bq/cm\2\ (2 microcurie/cm\2\)
for all other alpha emitters.
* * * * *
0
11. In Sec. 173.410, revise paragraph (i)(3) and add paragraph (j) to
read as follows:
Sec. 173.410 General design requirements.
* * * * *
(i) * * *
(3) A package containing radioactive material must be capable of
withstanding, without loss or dispersal of radioactive contents from
the containment system, an internal pressure that produces a pressure
differential of not less than the maximum normal operating pressure
plus 95 kPa (13.8 psi).
(j) The effect of aging mechanisms (e.g., corrosion, abrasion,
fatigue, crack propagation, changes of material compositions or
mechanical properties due to thermal loadings or radiation, generation
of decomposition gas, etc.) and their impact on the functions important
to safety is considered.
0
12. In Sec. 173.415, revise paragraphs (a)(1) and (2) to read as
follows:
Sec. 173.415 Authorized Type A packages.
* * * * *
(a) * * *
(1) A description of the package showing materials of construction,
dimensions, weight, closure, closure materials (including gaskets,
tape, etc.) of each item of the containment system, shielding, and
packing materials used in normal transportation; a description of the
authorized contents (including radionuclide(s), the radionuclide(s)
activity limits, the radionuclide(s) physical and chemical state, and
an indication if the content must be special form); and at least one of
the following:
(i) If the packaging is subjected to the physical tests of Sec.
173.465--and if applicable, Sec. 173.466--documentation of testing
including: date; place of test; signature of testers; a description of
each test performed, including equipment used, and the damage to each
item of the containment system resulting from the tests; a description
of how the tested contents meet the requirements of Sec.
173.461(a)(1); and an analysis of how the test results demonstrate
compliance with Sec. 173.412(j) for the contents being shipped, or
(ii) For any other demonstration of compliance with tests
authorized in Sec. 173.461, a detailed analysis which shows that, for
the contents being shipped, the package meets the pertinent design and
performance requirements for a DOT Specification 7A Type A package.
(2) If the offeror has obtained the packaging from another person
who meets the definition of ``packaging manufacturer'' in Sec.
178.350(c) of this subchapter, a description of the authorized contents
(including radionuclide(s), the radionuclide(s) activity limits, the
radionuclide(s) physical and chemical state, and an indication of
whether the content must be special form) and a certification from the
packaging manufacturer that the package meets all of the requirements
of Sec. Sec. 173.403, 173.410, 173.412, 173.465, and, if applicable,
Sec. 173.466, for the radioactive contents presented for transport. If
requested by DOT, the offeror shall contact the packaging manufacturer
and have the packaging manufacturer provide DOT a copy of documents
maintained by the packaging manufacturer that meet the requirements of
paragraph (a)(1) of this section.
* * * * *
0
13. In Sec. 173.417, revise paragraph (a) to read as follows:
Sec. 173.417 Authorized fissile materials packages.
(a) Except as provided in Sec. 173.453, fissile materials
containing not more than A1 or A2 as appropriate,
must be packaged in one of the following packagings:
(1) For domestic shipments--
(i) Any packaging listed in Sec. 173.415, limited to the Class 7
(radioactive) materials specified in 10 CFR part 71, subpart C; or
(ii) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets
the applicable standards for fissile material packages in 10 CFR part
71.
(2) For import or export shipments--
(i) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets the
applicable requirements for fissile material packages in Section VI of
the International Atomic Energy Agency ``Regulations for the Safe
Transport of Radioactive Material, IAEA Regulations (incorporated by
reference, see Sec. 171.7 of this subchapter),'' and for which the
foreign Competent Authority certificate
[[Page 55764]]
has been revalidated by the U.S. Competent Authority, in accordance
with Sec. 173.473; or
(ii) Packaging that meets the applicable standards for fissile
material packages in paragraph 674 of IAEA Regulations (incorporated by
reference, see Sec. 171.7 of this subchapter).
(3) A residual ``heel'' of enriched solid uranium hexafluoride may
be transported without a protective overpack in any metal cylinder that
meets both the requirements of Sec. Sec. 173.415 and 178.350 of this
subchapter for Specification 7A Type A packaging, and the requirements
of Sec. 173.420 for packagings containing greater than 0.1 kg of
uranium hexafluoride. Any such shipment must be made in accordance with
Table 2, as follows:
Table 2--Allowable Content of Uranium Hexafluoride (UF6 ``Heel'' in a Specification 7A Cylinder)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum cylinder diameter Cylinder volume Maximum Maximum ``Heel'' weight per cylinder
------------------------------------------------------------------------------------- Uranium 235- ---------------------------------------------------
enrichment UF6 Uranium-235
Centimeters Inches Liters Cubic feet (weight) ---------------------------------------------------
percent kg lb kg lb
--------------------------------------------------------------------------------------------------------------------------------------------------------
12.7......................................... 5 8.8 0.311 100.0 0.045 0.1 0.031 0.07
20.3......................................... 8 39.0 1.359 12.5 0.227 0.5 0.019 0.04
30.5......................................... 12 68.0 2.410 5.0 0.454 1.0 0.015 0.03
76.0......................................... 30 725.0 25.64 5.0 11.3 25.0 0.383 0.84
122.0........................................ 48 3084.0 \1\ 108.9 4.5 22.7 50.0 0.690 1.52
122.0........................................ 48 4041.0 \2\ 142.7 4.5 22.7 50.0 0.690 1.52
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 10 ton.
\2\ 14 ton.
* * * * *
0
14. In Sec. 173.420, revise paragraph (a)(2)(i) and add paragraph (f)
to read as follows:
Sec. 173.420 Uranium hexafluoride (fissile, fissile excepted, and
non-fissile).
(a) * * *
(2) * * *
(i) American National Standards Institute (ANSI) N14.1
(incorporated by reference, see Sec. 171.7 of this subchapter) in
effect at the time the packaging was manufactured; or
* * * * *
(f) Packagings containing 0.1 kg or more of non-fissile or fissile-
excepted uranium hexafluoride must meet the requirements of Sec.
173.477.
0
15. In Sec. 173.424, revise paragraph (h) to read as follows:
Sec. 173.424 Excepted packages for radioactive instruments and
articles.
* * * * *
(h) The package does not contain fissile material unless excepted
by Sec. 173.453; and
* * * * *
0
16. Amend Sec. 173.427 by:
0
a. Revising paragraphs (a)(2) and (a)(6)(i);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f); and
0
c. Adding paragraph (d).
The additions and revisions read as follows:
Sec. 173.427 Transport requirements for low specific activity (LSA)
Class 7 (radioactive) material and surface contaminated objects (SCO).
(a) * * *
(2) The quantity of LSA material and SCO-I and II transported in
any single conveyance may not exceed the limits specified in Table 5.
For SCO-III, the limits in Table 5 may be exceeded only if the SCO-III
is subject to a transport plan that contains precautions to be employed
during transport to obtain an overall level of safety at least
equivalent to that which would be provided if the limits had been
applied.
* * * * *
(6) * * *
(i) Except for SCO-III transported according to a transport plan,
shipments must be loaded by the consignor and unloaded by the consignee
from the conveyance or freight container in which originally loaded;
* * * * *
(d) For SCO-III--
(1) Transport shall be under exclusive use by road, rail, inland
waterway, or sea.
(2) Stacking shall not be permitted.
(3) All activities associated with the shipment, including
radiation protection, emergency response, and any special precautions
or special administrative or operational controls that are to be
employed during transport, shall be described in the transport plan.
The transport plan shall demonstrate that the overall level of safety
in transport is at least equivalent to that which would be provided if
the SCO-III had been subjected to the test required in Sec.
173.465(b), followed by the test required in Sec. 173.465(e). The
transport plan must also demonstrate that there would be no loss or
dispersal of the radioactive contents and no more than a 20% increase
in the maximum dose rate at any external surface of the object.
(4) The requirements of Sec. 173.411(b)(2) for a Type IP-2 package
shall be satisfied, except that the maximum damage referred to in Sec.
173.465(c) may be determined based on provisions in the transport plan
and the requirements of Sec. 173.465(d) are not applicable.
(5) The object and any shielding are secured to the conveyance in
accordance with Sec. 173.410(a).
(6) The shipment shall be subject to approval by the Associate
Administrator, and each request for SCO-III shipment approval must be
submitted in writing to the Associate Administrator. An application for
approval of SCO-III shipments shall include:
(i) A statement of the respects in which, and of the reasons why,
the consignment is considered SCO-III.
(ii) Justification for choosing SCO-III by demonstrating that:
(A) No suitable packaging currently exists.
(B) Designing and/or constructing a packaging or segmenting the
object is not practically, technically, or economically feasible.
(C) No other viable alternative exists.
(iii) A detailed description of the proposed radioactive contents
with reference to their physical and chemical states and the nature of
the radiation emitted.
(iv) A detailed statement of the design of the SCO-III, including
complete engineering drawings and schedules of materials and methods of
manufacture.
(v) All information necessary to demonstrate that the requirements
of Sec. 173.427(d)(1)-(5) and the requirements
[[Page 55765]]
of Sec. 173.427(a)(2), if applicable, are satisfied.
(vi) The transport plan.
(vii) A specification of the applicable quality assurance program.
* * * * *
0
17. In Sec. 173.431, revise paragraph (b) to read as follows:
Sec. 173.431 Activity limits for Type A and Type B packages.
* * * * *
(b) The limits on activity contained in a Type B(U) or Type B(M)
package are those prescribed in the applicable approval certificate
under Sec. Sec. 173.471 or 173.473.
0
18. In Sec. 173.433, add paragraph (i) to read as follows:
Sec. 173.433 Requirements for determining basic radionuclide values,
and for the listing of radionuclides on shipping papers and labels.
* * * * *
(i) For instruments or articles in which the radioactive material
is enclosed in or included as a component part of the instrument or
article and which meets paragraph (e) of Sec. 173.424 of the
subchapter, alternative values to those in the table in 173.436 for the
activity limit for an exempt consignment may be used provided they are
first approved by the Associate Administrator, or, for international
transport, multilateral approval is obtained from the pertinent
Competent Authorities.
0
19. Amend Sec. 173.435, in the table by:
0
a. Adding entries for ``Ba-135m'', ``Ge-69'', ``Ir-193m'', ``Ni-57'',
``Sr-83'', ``Tb-149'' and ``Tb-161'' in alphanumeric order; and
0
b. Revising the entry for ``Rb(nat)''.
The additions and revisions read as follows:
Sec. 173.435 Table of A1 and A2 values for
radionuclides.
The table of A1 and A2 values for
radionuclides is as follows:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Specific activity
Symbol of radionuclide Element and atomic A1 (TBq) A1 (Ci) \b\ A2 (TBq) A2 (Ci) \b\ -------------------------------------------
number (TBq/g) (Ci/g)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ADD
* * * * * * *
Ba-135m.......................... ....................... 2.0 x 10\1\.......... 5.4 x 10\2\.......... 6.0 x 10-\1\........ 1.6 x 10\1\......... 3.0 x 10\4\......... 8.1 x 10\5\
* * * * * * *
Ge-69............................ ....................... 1.0 x 10\0\.......... 2.7 x 10\1\.......... 1.0 x 10\0\......... 2.7 x 10\1\......... 4.3 x 10\4\......... 1.2 x 10\6\
* * * * * * *
Ir-193m.......................... ....................... 4.0 x 10\1\.......... 1.1 x 10\3\.......... 4.0 x 10\0\......... 1.1 x 10\2\......... 2.4 x 10\3\......... 6.4 x 10\4\
* * * * * * *
Ni-57............................ Nickel (28)............ 6.0 x 10-\1\......... 1.6 x 10\1\.......... 5.0 x 10-\1\........ 1.4 x 10\1\......... 5.7 x 10\4\......... 1.5 x 10\6\
* * * * * * *
Sr-83............................ ....................... 1.0 x 10\0\.......... 2.7 x 10\1\.......... 1.0 x 10\0\......... 2.7 x 10\1\......... 4.3 x 10\4\......... 1.2 x 10\6\
* * * * * * *
Tb-149........................... Terbium (65)........... 8.0 x 10-\1\......... 2.2 x 10\1\.......... 8.0 x 10-\1\........ 2.2 x 10\1\......... 1.9 x 10\5\......... 5.1 x 10\6\
* * * * * * *
Tb-161........................... ....................... 3.0 x 10\1\.......... 8.1 x 10\2\.......... 7.0 x 10-\1\........ 1.9 x 10\1\......... 4.3 x 10\3\......... 1.2 x 10\5\
* * * * * * *
REVISE
* * * * * * *
Rb(nat).......................... ....................... Unlimited............ Unlimited............ Unlimited........... Unlimited........... 6.7 x 10-\10\....... 1.8 x 10-\8\
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
20. Amend Sec. 173.436, in the table by:
0
a. Adding entries for ``Ba-135m'','' Ge-69'', ``Ir-193m'', ``Ni-57'',
``Sr-83'', ``Tb-149'' and ``Tb-161'' in alphanumeric order; and
0
b. Revising the notes section after the table.
The additions and revisions read as follows:
Sec. 173.436 Exempt material activity concentrations and exempt
consignment activity limits for radionuclides.
The Table of Exempt material activity concentrations and exempt
consignment activity limits for radionuclides is as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Activity Activity
Element and atomic concentration for concentration for Activity limit for Activity limit for
Symbol of radionuclide number exempt material (Bq/ exempt material (Ci/ exempt consignment exempt consignment
g) g) (Bq) (Ci)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ADD
* * * * * * *
Ba-135m......................... ...................... 1.0 x 10\2\........... 2.7 x 10-\9\.......... 1.0 x 10\6\........... 2.7 x 10-\5\
[[Page 55766]]
* * * * * * *
Ge-69........................... ...................... 1.0 x 10\1\........... 2.7 x 10-\10\......... 1.0 x 10\6\........... 2.7 x 10-\5\
* * * * * * *
Ir-193m......................... ...................... 1.0 x 10\4\........... 2.7 x 10-\7\.......... 1.0 x 10\7\........... 2.7 x 10-\4\
* * * * * * *
Ni-57........................... Nickel (28)........... 1.0 x 10\1\........... 2.7 x 10-\10\......... 1.0 x 10\6\........... 2.7 x 10-\5\
* * * * * * *
Sr-83........................... ...................... 1.0 x 10\1\........... 2.7 x 10-\10\......... 1.0 x 10\6\........... 2.7 x 10-\5\
* * * * * * *
Tb-149.......................... Terbium (65).......... 1.0 x 10\1\........... 2.7 x 10-\10\......... 1.0 x 10\6\........... 2.7 x 10-\5\
* * * * * * *
Tb-161.......................... ...................... 1.0 x 10\3\........... 2.7 x 10-\8\.......... 1.0 x 10\6\........... 2.7 x 10-\5\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ [Reserved]
\b\ Parent nuclides and their progeny included in secular equilibrium are listed as follows:
Sr-90: Y-90
Zr-93: Nb-93m
Zr-97: Nb-97
Ru-106: Rh-106
Ag-108m: Ag-108
Cs-137: Ba-137m
Ce-144: Pr-144
Ba-140: La-140
Bi-212: Tl-208 (0.36), Po-212 (0.64)
Pb-210: Bi-210, Po-210
Pb-212: Bi-212, Tl-208 (0.36), Po-212 (0.64)
Rn-222: Po-218, Pb-214, Bi-214, Po-214
Ra-223: Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224: Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64),
Ra-226: Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Ra-228: Ac-228
Th-228: Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-229: Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
Th-nat*: Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-234: Pa-234m
U-230: Th-226, Ra-222, Rn-218, Po-214
U-232: Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
U-235: Th-231
U-238: Th-234, Pa-234m
U-nat*: Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Np-237: Pa-233
Am-242m: Am-242
Am-243: Np-239
* in the case of Th-natural, the parent nuclide is Th-232, in the case of U-natural the parent nuclide is U-238.
\c\ [Reserved]
\d\ These values apply only to compounds of uranium that take the chemical form of UF6, UO2F2 and UO2(NO3)2 in both normal and accident conditions of
transport.
\e\ These values apply only to compounds of uranium that take the chemical form of UO3, UF4, UCl4 and hexavalent compounds in both normal and accident
conditions of transport.
\f\ These values apply to all compounds of uranium other than those specified in notes (d) and (e) of this table.
\g\ These values apply to unirradiated uranium only.
0
21. In Sec. 173.443, revise paragraph (c) to read as follows:
Sec. 173.443 Contamination control.
* * * * *
(c) Except as provided in paragraphs (a) and (d) of this section,
each conveyance, overpack, freight container, tank, or intermediate
bulk container used for transporting Class 7 (radioactive) materials as
an exclusive use shipment that utilizes the provisions of paragraph (b)
of this section, Sec. 173.427(b)(4), Sec. 173.427(c), or Sec.
173.427(d) must be surveyed with appropriate radiation detection
instruments after each exclusive use transport. Except as provided in
paragraphs (a) and (d) of this section, these items may not be returned
to Class 7 (radioactive) materials exclusive use transport service, and
then only for a subsequent exclusive use shipment utilizing one of the
above cited provisions, unless the radiation dose rate at each
accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less,
and there is no significant non-fixed surface contamination as
specified in paragraph (a) of this section. The requirements of this
paragraph do not address return to service of items outside of the
above cited provisions.
* * * * *
0
22. In Sec. 173.447, redesignate paragraph (b) as paragraph (c) and
add paragraph (b) to read as follows:
[[Page 55767]]
Sec. 173.447 Storage incident to transportation--general
requirements.
* * * * *
(b) The number of packages, overpacks, and freight containers
containing Class 7 (radioactive) material being stored in transit in
any one storage area must be so limited that the total sum of the
transport indexes in any group of packages, overpacks, or freight
containers does not exceed 50. Groups of packages must be situated so
as to maintain a spacing of at least 6 m (20 ft) between the closest
surfaces of packages, overpacks, or freight containers from any two
groups.
* * * * *
0
23. In Sec. 173.448, revise paragraph (g)(2) to read as follows:
Sec. 173.448 General transportation requirements.
* * * * *
(g) * * *
(2) The overpack must be marked as prescribed in subpart D of part
172 of this subchapter and Sec. 173.25(a). Overpacks must be marked
with the consignor or consignee's name and address, unless the name and
address of the consignor or consignee of each package contained in the
overpack are visible; and
* * * * *
0
24. In Sec. 173.453, revise the introductory text and paragraph (d),
and add paragraphs (g) and (h) to read as follows:
Sec. 173.453 Fissile materials--exceptions.
Fissile materials meeting the requirements of at least one of the
paragraphs (a) through (h) of this section are excepted from the
requirements of this subpart for fissile materials, including the
requirements of Sec. Sec. 173.457 and 173.459, but are subject to all
other requirements of this subpart, except as noted.
* * * * *
(d) Uranium enriched in uranium-235 to a maximum of 1 percent by
weight, and with total plutonium and uranium-233 content of up to 1
percent of the mass of uranium-235, provided that the mass of any
beryllium, graphite, and hydrogenous material enriched in deuterium
constitutes less than 5 percent of the uranium mass, and that the
fissile material is distributed homogeneously and does not form a
lattice arrangement within the package.
* * * * *
(g) Uranium with enrichment up to 5 percent by weight uranium-235,
up to 3.5 g uranium-235 per package.
(h) Fissile material with no more than 140 grams fissile nuclides
shipped under exclusive use.
0
25. In Sec. 173.465, revise paragraph (c)(2) to read as follows:
Sec. 173.465 Type A packaging tests.
* * * * *
(c) * * *
(2) For packages containing fissile material, the free drop test
specified in paragraph (c)(1) of this section must be preceded by a
free drop from a height of 0.3 m (1 foot) on each corner, or in the
case of cylindrical packages, onto each of the quarters of each rim.
This free drop test applies only to fissile material rectangular
packages not exceeding 50 kg (110 lbs.) and fissile material
cylindrical packages not exceeding 100 kg (220 lbs.).
* * * * *
Sec. 173.468 [Removed and Reserved]
0
26. Remove and reserve Sec. 173.468.
Sec. 173.472 [Removed and Reserved]
0
27. Remove and reserve Sec. 173.472.
0
28. In Sec. 173.475, add paragraph (j) to read as follows:
Sec. 173.475 Quality control requirements prior to each shipment of
Class 7 (radioactive) materials.
* * * * *
(j) For packages to be shipped after storage, all packaging
components and radioactive contents have been maintained during storage
in a manner such that all the requirements specified in the relevant
provisions of this subchapter and in the applicable certificates of
approval have been fulfilled.
PART 174--CARRIAGE BY RAIL
0
29. The authority citation for Part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 33 U.S.C. 1321; 49 CFR 1.81 and
1.97.
0
30. In Sec. 174.750, revise paragraph (a) to read as follow:
Sec. 174.750 Incidents involving leakage.
(a) In addition to the incident reporting requirements of
Sec. Sec. 171.15 and 171.16 of this subchapter, the carrier shall also
notify the offeror at the earliest practicable moment following any
incident in which there has been breakage, spillage, or suspected
radioactive contamination involving Class 7 (radioactive) materials
shipments. Transport vehicles, buildings, areas, or equipment in which
Class 7 (radioactive) materials have been spilled may not be again
placed in service or routinely occupied until the radiation dose rate
at every accessible surface is less than 0.005 mSv per hour (0.5 mrem
per hour) and there is no significant removable radioactive surface
contamination (see Sec. 173.443 of this subchapter). If it is evident
that a package of radioactive material or conveyance carrying
unpackaged radioactive material is leaking, or if it is suspected that
a package of radioactive material or conveyance carrying unpackaged
radioactive material may have leaked, the actions required by Sec.
173.443(e) of this subchapter must be taken.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
31. The authority citation for Part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.
0
32. In Sec. 175.705, revise paragraph (b) to read as follows:
Sec. 175.705 Radioactive contamination.
* * * * *
(b) When contamination is present or suspected, the package
containing a Class 7 material, any loose Class 7 material, associated
packaging material, and any other materials that have been contaminated
must be segregated as far as practicable from personnel contact until
radiological advice or assistance is obtained from the U.S. Department
of Energy or appropriate State or local radiological authorities. If it
is evident that a package of radioactive material or conveyance
carrying unpackaged radioactive material, is leaking, or if it is
suspected that a package of radioactive material or conveyance carrying
unpackaged radioactive material, may have leaked, the actions required
by Sec. 173.443(e) of this subchapter must be taken.
* * * * *
PART 176--CARRIAGE BY VESSEL
0
33. The authority citation for Part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
34. Revise Sec. 176.715 to read as follows:
Sec. 176.715 Contamination control.
Each hold, compartment, or deck area used for the transportation of
low specific activity or surface contaminated object Class 7
(radioactive) materials under exclusive use conditions in accordance
with Sec. 173.427(b)(4) or (c) must be surveyed with appropriate
radiation detection instruments after each use. Such holds,
compartments, and deck areas may not be used again for Class 7
(radioactive) materials exclusive use transport service, and then only
for a subsequent exclusive use
[[Page 55768]]
shipment utilizing the provisions of Sec. 173.427(b)(4) or (c) until
the radiation dose rate at every accessible surface is less than 0.005
mSv/h (0.5 mrem/h), and the non-fixed contamination is not greater than
the limits prescribed in Sec. 173.443(a) of this subchapter. If it is
evident that a package of radioactive material or conveyance carrying
unpackaged radioactive material, is leaking, or if it is suspected that
a package of radioactive material or conveyance carrying unpackaged
radioactive material, may have leaked, the actions required by Sec.
173.443(e) of this subchapter must be taken.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
35. The authority citation for Part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311,
108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.
0
36. In Sec. 177.843, revise paragraph (c) to read as follows:
Sec. 177.843 Contamination of vehicles.
* * * * *
(c) In case of fire, accident, breakage, or unusual delay involving
shipments of Class 7 (radioactive) material, see Sec. Sec. 171.15,
171.16, and 177.854 of this subchapter. If it is evident that a package
of radioactive material or conveyance carrying unpackaged radioactive
material, is leaking, or if it is suspected that a package of
radioactive material or conveyance carrying unpackaged radioactive
material, may have leaked, the actions required by Sec. 173.443(e) of
this subchapter must be taken.
* * * * *
Issued in Washington, DC, on August 24, 2022, under authority
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2022-18605 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-60-P
