
[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Proposed Rules]
[Pages 50332-50358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19872]



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Vol. 76

Friday,

No. 156

August 12, 2011

Part II





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 171, 172, 173, et al.





Hazardous Materials Regulations; Compatibility With the Regulations of 
the International Atomic Energy Agency; Proposed Rule

  Federal Register / Vol. 76 , No. 156 / Friday, August 12, 2011 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 175, 176, 177, and 178

[Docket No. PHMSA-2009-0063 (HM-250)]
RIN 2137-AE38


Hazardous Materials Regulations; Compatibility With the 
Regulations of the International Atomic Energy Agency

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA, in coordination with the Nuclear Regulatory Commission 
(NRC), is proposing to amend requirements in the Hazardous Materials 
Regulations (HMR) governing the transportation of Class 7 (radioactive) 
materials based on recent changes contained in the International Atomic 
Energy Agency (IAEA) publication ``Regulations for the Safe Transport 
of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. 
TS-R-1'' (hereafter referred to as TS-R-1). The purposes of this 
rulemaking are to harmonize requirements of the HMR with international 
standards for the transportation of Class 7 (radioactive) materials and 
update, clarify, correct, or provide relief from certain regulatory 
requirements applicable to the transportation of Class 7 (radioactive) 
materials.

DATES: Comments must be received by November 10, 2011.

ADDRESSES: You may submit comments by any of the following methods:
    U.S. Government Regulations.gov Web site: http://www.regulations.gov. Use the search tools to find this rulemaking and 
follow the instructions for submitting comments.
    U.S. Mail or private delivery service: Docket Operations, U.S. 
Department of Transportation, West Building, Ground Floor, Room W12-
140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., W12-140, 
Washington, DC 20590-0001.
    Fax: 1-202-493-2251.
    Hand Delivery: To Docket Operations, Room W12-140 on the ground 
floor of the West Building, 1200 New Jersey Avenue, SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
    Instructions: You must include the agency name and docket number,
    PHMSA-2009-0063 (HM-250) or the Regulatory Identification Number 
(RIN) for this rulemaking at the beginning of your comment. Note that 
all comments received will be posted without change to the U.S. 
Government Regulations.gov Web site: http://www.regulations.gov, 
including any personal information provided. Please see the Privacy Act 
section of this document.

FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub, Standards and 
Rulemaking Division, telephone (202) 366-8553, or Michael Conroy, 
Engineering and Research Division, telephone (202) 366-4545, Pipeline 
and Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Contents

I. Background
II. Overview of Proposed Changes in This NPRM
    A. Changes for Harmonization With the 2009 Edition of TS-R-1
    B. Other Proposed Amendments
    C. Amendments to TS-R-1 Not Being Considered for Adoption in 
This NPRM
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

    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 their July 2, 1979, 
Memorandum of Understanding (a copy of which has been placed in the 
docket of this rulemaking) (44 FR 38690):
    1. PHMSA regulates both shippers and carriers with respect to:
    A. Packaging requirements;
    B. Communication requirements for:
     Shipping paper contents,
     Package labeling and marking requirements, and
     Vehicle placarding requirements;
    C. Training and emergency response requirements; and
    D. Highway routing requirements.
    2. NRC requires its licensees to satisfy requirements to protect 
public health and safety and to assure the common defense and security, 
and:
    A. Certifies Type B and fissile material package designs and 
approves package quality assurance programs for its licensees;
    B. Provides technical support to PHMSA and works with PHMSA to 
ensure consistency with respect to the transportation of Class 7 
(radioactive) materials; and
    C. Conducts inspections of licensees and an enforcement program 
within its jurisdiction to assure compliance with its requirements.''
    Since 1968, PHMSA and the NRC (and their predecessor agencies) 
have, to the extent practicable, harmonized their respective 
regulations with international regulations of the IAEA in:
     Safety Series No. 6, Regulations for the Safe Transport of 
Radioactive Material, as published in 1961 and revised in 1964 and 
1967. Amendents to the HMR were adopted in a final rule published on 
October 4, 1968 in Docket HM-2 (33 FR 14918).
     The major updates of Safety Series No. 6 in 1973 and 1985. 
See the final rules published on March 10, 1983 in Docket HM-169 (48 FR 
10218) and September 28, 1995, in Docket HM-169A (60 FR 50291).
     The 1996 major revision to the Safety Series No. 6, 
renamed ``Regulations for the Safe Transport of Radioactive Material, 
1996 Edition, No. ST-1'' issued by the IAEA in 1996 and republished 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).'' See 
the final rule published on January 26, 2004, in Docket HM-230 (69 FR 
3632).
    Since then, the IAEA has published amendments and revised editions 
of TS-R-1 in 2003, 2005, and 2009.
    In this notice, PHMSA is proposing to amend the HMR to maintain 
alignment with the 2009 Edition of TS-R-1 which incorporates all of the 
changes made to TS-R-1 in the 2003 amendments, the 2005 Edition, as 
well as other revisions. (In this notice, PHMSA uses the nomenclature 
``TS-R-1'' to refer to the 2009 Edition of TS-R-1, a copy of which may 
be obtained from the U.S. distributors, Bernan, 15200 NBN Way, P.O. Box 
191, Blue Ridge Summit, PA 17214, telephone 800-865-3457, e-mail: 
customercare@bernan.com, or Renouf Publishing Company Ltd., 812 Proctor 
Ave., Ogdensburg, NY 13669, telephone: 1-888-551-7470, e-mail: 
orders@renoufbooks.com. An electronic copy of TS-R-1 has been placed in 
the docket of this rulemaking and may also

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be found at the following IAEA Web site:
    http://www-pub.iaea.org/MTCD/publications/PDF/Pub1384_web.pdf.
    In addition to changes to harmonize with TS-R-1, PHMSA is proposing 
regulatory amendments identified through internal regulatory review 
processes to update, clarify, correct, or provide relief from certain 
regulatory requirements applicable to the transportation of Class 7 
(radioactive) materials.
    As in PHMSA's past rulemakings to incorporate updates of the IAEA 
regulations into the HMR, PHMSA is working in close cooperation with 
the NRC in the development of this rulemaking. PHMSA anticipates that 
NRC will publish a parallel rulemaking at a future date. Since the 
proposed rules will be published separately, there is a risk of 
differences in overlapping proposals that may affect the compatibility 
of NRC and PHMSA regulations. PHMSA and NRC will coordinate the 
development and publication schedules for the final rules, and if 
necessary, may issue a supplemental notice of proposed rulemaking to 
ensure that the proposed rules are compatible. This NPRM addresses only 
the areas for which DOT has jurisdiction as defined in the MOU with 
NRC. Comments on non-DOT issues or on DOT issues not within the scope 
of this rulemaking will not be addressed by DOT as part of this 
rulemaking. Comments responding to the NRC's parallel NPRM, which is 
expected be published in the Federal Register at a future date, should 
be submitted in accordance with the public participation guidelines 
established by NRC.

II. Overview of Proposed Changes in This NPRM

    This NPRM proposes changes to the HMR based on changes incorporated 
in the 2009 Edition of the IAEA Safety Standards publication titled 
``Regulations for the Safe Transport of Radioactive Material, 2009 
Edition, Safety Requirements, No. TS-R-1.'' One of the goals of this 
rulemaking is to continue to maintain compatibility between the HMR and 
the IAEA regulations. PHMSA is not striving 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 of the 
amendments to TS-R-1 since 2000 into the HMR. In many cases, amendments 
to the IAEA standards are not being proposed for adoption because the 
framework or structure of the HMR makes adoption unnecessary or 
impractical.
    If PHMSA inadvertently has omitted an amendment in this NPRM, the 
omission may be included in the final rule to the extent permitted: (1) 
If it is clearly within the scope of changes proposed in the notice, 
(2) does not require substantive changes from the IAEA standards on 
which it is based, and (3) imposes minimal or no cost impacts on 
persons subject to the requirement. Otherwise, in order to provide 
opportunity for notice and comment, the change must be proposed in the 
NPRM or in a supplemental notice of proposed rulemaking.
    Proposed amendments to the HMR in this notice include, but are not 
limited to, those listed below in Sections II.A (in harmony with TS-R-
1) and II.B (additional changes), and a detailed rationale for each 
proposed amendment is discussed in Part III, Section-By-Section review. 
In Section II.C, we list those significant amendments to the IAEA 
regulations since 2000 that we are not proposing to adopt.

A. Changes for Harmonization With the 2009 Edition of TS-R-1

    In this NPRM, based on the 2009 TS-R-1 changes, PHMSA is proposing 
to amend the HMR as follows:
     Revise paragraph Sec.  173.25(a)(4) to adopt the new TS-R-
1 requirement for the marking of all overpacks of Class 7 (radioactive) 
packages with the word ``OVERPACK.''
     Modify the scoping statement in Sec.  173.401(b)(4), which 
excludes natural materials and ores containing naturally occurring 
radionuclides from the HMR, to add the phrase ``which are either in 
their natural state, or which have only been processed for purposes 
other than for extraction of the radionuclides.''
     Add a scoping statement to Sec.  173.401 to clarify that 
non-radioactive solid objects with radioactive substances on their 
surfaces in quantities not exceeding the levels cited in the definition 
of contamination are not subject to subpart I of part 173.
     In Sec.  173.403, define the criticality safety index 
(CSI) for each conveyance to be the sum of the CSIs of all the packages 
in that conveyance.
     Modify the wording for category (ii) of LSA-I in Sec.  
173.403 to be consistent with the wording in TS-R-1.
     Adopt the slight change in definition of ``natural 
uranium'' in Sec.  173.403 from ``chemically separated uranium'' to 
``uranium (which may be chemically separated).''
     Revise Sec.  173.410(i)(3) to require that packages 
containing liquid radioactive material to be transported by air be 
capable of withstanding, without leakage, an internal pressure which 
produces a pressure differential of not less than maximum normal 
operating pressure plus 95 kPa.
     Revise the nomenclature in Sec.  173.411 on Industrial 
Packagings to refer to Type IP-1, -2, and -3 packages instead of IP-1, 
-2, and -3 packagings.
     Revise Sec. Sec.  173.411 and 173.412 to specify that the 
testing of Types IP-2, IP-3 and Type A packages shall not result in 
``more than a 20% increase in the maximum radiation level at any 
external surface of the package.''
     Revise Sec.  173.411(b)(4) to refer to ``portable tanks'' 
rather than to ``tank containers'' and revise Sec.  173.411(b)(5) for 
``cargo tanks and tank cars'' and include the TS-R-1 requirements for 
such tanks.
     Revise Sec.  173.412(f) to specify that the containment 
system of a Type A package be capable of retaining its contents under 
the reduction of ambient pressure to 60 kPa (8.7 psi).
     Revise Sec.  173.412(k) to clarify the requirements for 
enclosure of liquid contents in inner components of Type A packages, 
including complete retention within the secondary outer containment.
     Revise Sec.  173.420 to require the use of the uranium 
hexafluoride proper shipping names and UN numbers for shipments of 0.1 
kg or more of non-fissile, fissile-excepted, or fissile uranium 
hexafluoride (UF6), even if other proper shipping names and 
UN numbers are feasible.
     Revise Sec.  173.433(c) to authorize the use of an 
A2 value for a radionuclide not in the table in 173.435 by 
using a dose coefficient for the appropriate lung absorption type.
     Revise Tables 7 (General Values for A1 and 
A2) and 8 (General Exemption Values) in Sec.  173.433, to 
clarify how neutron emitters are to be handled. Also, because the IAEA 
A1 default value for alpha emitters is larger than that for 
beta or gamma emitters, we have added a footnote to ensure that the 
lower value is required when both alpha and beta or gamma emitters are 
known to be present.
     In the Table of A1 and A2 values for 
radionuclides in Sec.  173.435, adopt the new IAEA A1 value 
for Cf-252 and eliminate the domestic alternative for the A2 
value.
     In the Table of A1 and A2 values for 
radionuclides in Sec.  173.435, adopt the new IAEA A1 and 
A2 values for Kr-79.
     Modify footnote (a) to the table in Sec.  173.435 to refer 
the reader to the

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corresponding footnote (a) to Table 2 in TS-R-1. The 2009 TS-R-1 
includes as footnote (a) to Table 2 an extensive list of radionuclides 
of half-life 10 days or less which were included in A1/
A2 values for their parent radionuclides.
     In Sec.  173.436, revise the activity limit for an exempt 
consignment of Te-121m (Tellurium-121m) from 1 x 10\5\ Bq to 1 x 10\6\ 
Bq.
     In Sec.  173.436, add exempt activity concentration and 
exempt consignment activity limits for Kr-79.
     Remove the decay chains for Ce-134, Rn-220, Th-226, and U-
240 in footnote (b) to the table in Sec.  173.436 and add the decay 
chain for Ag-108m.
     Specify in Sec.  173.443 that, under certain conditions, 
the radioactive material package contamination limits apply not only to 
overpacks, freight containers, tanks, and intermediate bulk containers, 
but also to conveyances transporting radioactive materials.
     In Sec.  173.443(a)(1), revise to apply to only unpackaged 
radioactive material, and not apply to overpacks, an exception from the 
requirement that the package contamination limits be satisfied for the 
internal surfaces of freight containers, tanks, intermediate bulk 
containers, and conveyances carrying radioactive material so long as 
they are in transport under certain exclusive use provisions.
     Revise Sec.  173.465(d)(i) to clarify that the stacking 
test should use five times the maximum weight of the loaded package, 
including the maximum weight of the contents that the packaging 
manufacturer is certifying for the package.
     Revise Sec.  173.469 to authorize the use of ISO 2919 
Class 5 impact test as an acceptable alternative to the IAEA 30 foot 
drop and percussion tests for special form sources weighing less than 
500 g.

B. Other Proposed Amendments

    In addition to the amendments proposed for harmonization with TS-R-
1, PHMSA is also proposing to:
     Revise the shipping paper description requirements in 
Sec.  172.203 and the labeling requirements in Sec.  172.403 to clarify 
that the activity shown should be the total maximum activity of all the 
radioactive contents during transport.
     Revise the marking requirements in Sec.  172.310(b) for 
Type A packages to eliminate an inconsistency with Sec.  178.350.
     Revise Table 1 in Sec.  172.504 to additionally require 
conveyances carrying fissile material packages, unpackaged LSA-I 
material or SCO-I, all conveyances required by Sec. Sec.  173.427 and 
173.441 to operate under exclusive use conditions, and all closed 
vehicles used in accordance with Sec.  173.443(d) to be placarded.
     Revise Sec.  173.4 to require that excepted packages of 
radioactive material that also contain small quantities of other 
hazardous materials are not exempted from the Class 7 related 
requirements that would be applied if they did not contain small 
quantities of other hazardous materials, such as the applicable UN 
number marking.
     Revise the definition of ``fissile material'' to clarify 
that certain exceptions are provided in Sec.  173.453.
     Modify Sec.  173.411(c) to extend the retention period for 
Type IP-2 and Type IP-3 package documentation from one year to two 
years after the offerror's latest shipment, to coincide with the 
minimum retention period for shipping papers.
     Modify Sec.  173.415(a) to extend the retention period for 
Type A package documentation from one year to two years after the 
offerror's latest shipment, to coincide with the minimum retention 
period currently required for shipping papers.
     Modify Sec.  173.415(a) to include more detailed language 
describing the kinds of information to be included as part of the Type 
A package documentation.
     Delete paragraph (c) of Sec.  173.416 which allowed the 
continued use of an existing Type B packaging constructed to DOT 
specification 6M, 20WC, or 21WC until October 1, 2008.
     Add a new paragraph in Sec.  173.416 to reference the U.S. 
Nuclear Regulatory Commission 10 CFR 71.41 provision for special 
package authorizations by the NRC for domestic shipments of Type B 
quantities when compliance with all provisions of the regulations is 
impracticable, but an equivalent level of safety in transport is 
maintained through alternative means.
     Delete references to DOT Specification 21PF-1A, 21PF-1B, 
or 21PF-2 overpacks in paragraph Sec.  173.417(a)(3), as these 
overpacks are no longer in service.
     Delete references to DOT Specification 21PF-1A or 21PF-1B 
overpacks in paragraph Sec.  173.417(b)(3), as these overpacks are no 
longer in service.
     Delete paragraph (c) of Sec.  173.417 which allowed the 
continued use of an existing fissile material packaging constructed to 
DOT specification 6L, 6M, or 1A2 until October 1, 2008.
    Add a new paragraph in Sec.  173.417 to reference the U.S. Nuclear 
Regulatory Commission 10 CFR 71.41 provision for special package 
authorizations by the NRC for domestic shipments of fissile materials 
packages when compliance with all provisions of the regulations is 
impracticable, but an equivalent level of safety in transport is 
maintained through alternative means.
     Modify Sec.  173.420 to remove paragraph (a)(2)(ii), which 
references specifications for DOT-106A multi-unit tank car tanks.
     Modify Sec.  173.421 to remove paragraph (b) which permits 
an excepted package of limited quantity radioactive material that is 
also a hazardous substance or hazardous waste to be shipped without 
complying with Sec.  172.203(d) or Sec.  172.204(c)(4); and, modify 
Sec.  173.422 to permit an excepted package of radioactive material 
that is also a hazardous substance or hazardous waste to be shipped 
without having to comply with Sec.  172.202(a)(6), Sec.  172.203(d) or 
Sec.  172.204(c)(4) and require that packages containing hazardous 
substances be marked with the letters ``RQ.''
     Modify Sec.  173.427(a)(6)(v), to remove the placarding 
exception for shipments of unconcentrated uranium or thorium ores and 
clarify that all of the placarding requirements of subpart F of part 
172 must be met.
     Modify Sec.  173.427(a)(6)(vi) to require that shipments 
of low specific activity (LSA) materials or surface contaminated 
objects (SCO) that contain a subsidiary hazard from another hazard 
class be labeled for the subsidiary hazard.
     Require in Sec.  173.443(c) that any conveyance, overpack, 
freight container, tank, or intermediate bulk container involved in an 
exclusive use shipment under Sec.  173.427(b)(4), Sec.  173.427(c), or 
Sec.  173.443(b) be surveyed with appropriate radiation detection 
instrumentation after each such shipment, and not be permitted to be 
used for another such shipment until the removable surface 
contamination meets package contamination limits and the radiation dose 
rate at each accessible surface is no greater than 0.005 mSv/h (0.5 
mrem/h). This essentially restricts the use of the phrase ``returned to 
service'' to refer only to continued exclusive use service under one of 
three specific transport scenarios.
     Revise Sec.  173.453 to insert a phrase that would allow a 
fissile material exception for uranium enriched in uranium-235 to a 
maximum of 1 percent by weight under the conditions stated there only 
if the material in question is essentially homogeneous.
     Revise Sec.  173.473 to update the reference to the IAEA 
regulations to the most currently incorporated by reference version 
rather than the out-dated Safety Series No. 6.

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     Revise Sec.  173.476 to extend the retention period for 
special form documentation from one year to two years after the 
offerror's latest shipment, to coincide with the minimum retention 
period for shipping papers.
     Revise Sec.  173.477 to extend the retention period for 
uranium hexafluoride packaging documentation from one year to two years 
after the offerror's latest shipment, to coincide with the minimum 
retention period for shipping papers.
     Delete paragraph (e) of Sec.  174.700, which provides 
special handling requirements for fissile material, controlled 
shipments.
     Replace Sec.  175.702(b) and (c) with a new Sec.  
175.702(b) containing an introductory phrase to indicate that the 
limitations on combined (total) criticality safety indexes found in 
Sec.  175.700(b) also apply.
     Delete Sec.  178.358 ``Specification 21PF fire and shock 
resistant, phenolic-foam insulated, metal overpack'' and Sec.  178.358-
1 through Sec.  178.358-6 as these overpacks are no longer in service.

C. Amendments to TS-R-1 Not Being Considered for Adoption in This NPRM

    Below is a listing of significant amendments to the IAEA 
regulations made since PHMSA's last harmonization rulemaking that are 
not being proposed for adoption in this notice with an explanation of 
why each provision was not proposed.
     The new TS-R-1 paragraph 109 pertaining to security. The 
security training requirements in Sec.  172.704 and the security plan 
requirements in Part 172 Subpart I already sufficiently address this 
topic.
     The revised TS-R-1 definition for fissile material, which 
makes a distinction between ``fissile nuclides'' and ``fissile 
material,'' because this change would also have to be adopted by the 
NRC.
     The TS-R-1 consignor, carrier, and consignee notification 
requirements in cases of non-compliance with the regulations. The HMR 
currently contain reporting requirements for consignors and carriers in 
the event of ``fire, breakage, spillage, or suspected radioactive 
contamination'' in Sec. Sec.  171.15 and 171.16, and the discovery of 
``an undeclared hazardous material'' in Sec.  171.16, and those 
reporting requirements are adequate and comprehensive.
     The TS-R-1 provisions pertaining to training. These 
training requirements are already found in Part 172, Subpart H for all 
hazardous materials, including Class 7 (radioactive) materials.
     For materials other than liquids, the TS-R-1 provision 
requiring that packages containing radioactive material to be 
transported by air be capable of withstanding, without leakage, an 
internal pressure that produces a pressure differential of not less 
than maximum normal operating pressure plus 95 kPa. As noted in Section 
II.A, above, PHMSA is proposing to adopt this requirement for liquids; 
however, for solid types of contents PHMSA believes that this 
requirement is flawed, since it unintentionally prohibits air transport 
of packages containing solid radioactive contents that do not need 
airtight containment systems to prevent leakage of the radioactive 
material under a large drop in external pressure. Consideration of a 
proposal to incorporate this requirement into the HMR in its entirety 
is postponed pending the outcome of discussions with IAEA member states 
regarding this issue.
     The TS-R-1 change that removes the restriction on 
radiation level increase as a criterion for passing the additional 
performance tests required of a Type A package used for liquid Class 7 
(radioactive) contents, so that only the containment requirement would 
have to be satisfied. PHMSA sees no safety justification for this 
change, and is not proposing to adopt it.
     The revised TS-R-1 provision pertaining to the fissile 
material exception on consignment mass limits. The HMR currently has 
more restrictive requirements, which mirror NRC regulations.
     The revised TS-R-1 provisions on geometry requirements 
applicable to tested fissile material packages. This TS-R-1 change is 
applicable to NRC requirements and is not within the scope of this 
rulemaking.
     The TS-R-1 change to replace ``edges'' with ``edge'' when 
describing the end of a bar used for the penetration test for 
hypothetical accident conditions. This TS-R-1 change is applicable to 
NRC requirements and is not within the scope of this rulemaking. (see, 
however, a similar proposed change to the HMR in Sec.  173.469 for the 
special form percussion test.)
     The TS-R-1 revisions pertaining to the solar insolation 
conditions to be assumed in demonstrating that a Type B(U) package will 
satisfy the performance tests for normal conditions of transport. This 
TS-R-1 change is applicable to NRC requirements and is not within the 
scope of this rulemaking.
     The TS-R-1 change in the definition of ``multilateral 
approval.'' The current HMR definition of ``multilateral approval'' is 
consistent with the TS-R-1 change.
     The TS-R-1 amendment describing dose ranges for which 
various radiation protection measures are advised. The HMR do not 
currently require a radiation protection program, and PHMSA does not 
intend to address that issue in this rulemaking.
     The TS-R-1 amendment to list more detailed conditions for 
the shipment of uranium hexafluoride (UF6). PHMSA believes 
current requirements in the HMR for transporting uranium hexafluoride 
are adequate, as supported by the strong safety history for such 
shipments.

III. Section-by-Section Review

Part 171

Section 171.7
    Section 171.7 lists all standards incorporated by reference into 
the HMR. PHMSA evaluated the following updated international standards 
pertaining to transportation of radioactive material and determined 
that the revised standards provide an enhanced level of safety without 
imposing significant compliance burdens. These standards have a well-
established and documented safety history; their adoption will maintain 
the high safety standard currently achieved under the HMR. Therefore, 
PHMSA proposes to update the incorporation by reference material for 
the ``International Atomic Energy Agency (IAEA) Regulations for the 
Safe Transport of Radioactive Material, 1996 Edition (Revised), No. TS-
R-1 (ST-1, Revised),'' and for International Standards Organization 
standard ``ISO 2919-1980(E) Sealed radioactive sources--
classification.''
    The standards would be updated as follows:
     IAEA, Regulations for the Safe Transport of Radioactive 
Material, 2009 Edition, Safety Requirements, No. TS-R-1.
     ISO 2919-1999(E) Radiation Protection--Sealed radioactive 
sources--General requirements and classification.
    There are some minor changes in the newer edition of the ISO 2919 
Standard. For example, in the requirements for the temperature test for 
Classes 4, 5, and 6, the 1980 Edition (in paragraph 8.2.2) allows the 
source used in the high temperature test or a second test source to be 
used for the thermal shock test. The 1999 Edition (in paragraph 7.2.2) 
does not allow the use of a second test source. In addition, the 1980 
Edition requires only that the test source be held at the maximum 
temperature for 15

[[Page 50336]]

minutes before being subjected to the thermal shock test, while the 
1999 edition requires that the source be held at the maximum 
temperature for at least an hour before carrying out the thermal shock 
test.
    Section 173.469 allows the use of the ISO 2919 category 4 impact 
test as a substitute for the IAEA impact and percussion tests, and the 
ISO category 6 temperature test as a substitute for the IAEA heat test. 
To allow consideration for use of sources where these ISO tests are 
performed instead of the IAEA tests, PHMSA is proposing to allow 
testing against the 1999 Edition of ISO 2919 in Sec.  173.469, as 
opposed to the presently referenced 1980 Edition. Furthermore, since 
the category 6 ISO temperature test for either version of ISO 2919 is 
more stringent than the IAEA heat test (which requires no thermal shock 
test at all), PHMSA is not proposing to require tests to be redone for 
sources that used the 1980 ISO 2919 classification tests to demonstrate 
their special form character.
    In Sec.  171.7, PHMSA is also proposing to delete references to 
specification packages which are being removed from the HMR in this 
rulemaking. PHMSA is proposing to remove section 178.358 for 21PF 
overpacks and section 178.360 for 2R vessels, and proposing to revise 
the table of references by deleting references to those sections and 
removing entries that were referenced by those sections.

Part 172

Section 172.203
    Section 172.203 sets forth additional requirements for shipping 
descriptions on shipping papers. Paragraph (d) currently lists 
additional information that must be included in the description of a 
Class 7 (radioactive) material.
    Paragraph (d)(2) requires the inclusion of the physical and 
chemical form of the material, if the material is not in special form. 
PHMSA is proposing to revise paragraph (d)(2) to specify that when a 
material is in ``special form'' the words ``special form'' must be 
included in the description, unless those words already appear in the 
proper shipping name. This ensures that if the material is special form 
the reader (i.e., carrier, emergency responder, consignee, etc.) is 
aware that the potential for contamination is negligible. In addition, 
for most radionuclides, the maximum activity that can be transported in 
a Type A package is greater for special form radioactive material 
(maximum activity A1) than for normal form (maximum activity 
A2), so having the information available puts the stated 
activity level in perspective for enforcement authorities, emergency 
responders and carriers, thus reducing the likelihood of delays in 
transportation or emergency response.
    Paragraph (d)(3) requires the activity contained in each package of 
the shipment in terms of the appropriate SI units be listed. In the 
January 26, 2004 final rule, PHMSA stated that the activity of progeny 
in radioactive decay chains should be included in the total activity 
required on shipping papers and labels. However, PHMSA also stated 
that, when A1 or A2 values include contributions 
from daughter nuclides with half lives less than 10 days, and no 
daughter has a half life greater than that of the parent, the parent 
and those daughters are to be treated as a single radionuclide for the 
contribution of that chain to the ``total activity'' required to be 
included on the shipping paper and on the labels. PHMSA noted this 
approach would occasionally lead to a situation where the true activity 
contents of the package can be greater than the ``total'' activity 
listed on the shipping paper and labels. PHMSA is proposing to avoid 
such situations by requiring that the ``total'' activity of all 
radionuclides present in the package including all parent radionuclides 
and daughter products, even those daughters that meet the above 
conditions, be accounted for in the calculation of the total activity 
to be included on the shipping paper and on the labels. Further, PHMSA 
is proposing to more closely align with the wording in TS-R-1 by 
specifying that the activity should be the maximum activity of the 
radioactive contents during transport. Including the term ``maximum'' 
clarifies that in situations where the total activity might change 
during the expected time the package is in transport, the maximum 
calculated value should be used to properly bound and communicate the 
hazard of the material during transport. PHMSA is also proposing to 
amend this paragraph to permit the mass of each fissile nuclide for 
mixtures when appropriate to be included.
    Paragraph (d)(4) requires the inclusion in the shipping description 
of the category of label applied to a Class 7 (radioactive) material 
package. PHMSA is proposing to revise the example in paragraph (d)(4) 
to clarify that the word ``RADIOACTIVE'' is not required to be included 
in the description of the category of label.
Section 172.310
    This section sets forth marking requirements for packages 
containing Class 7 (radioactive) materials. 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, in letters 
at least 13 mm (0.5 in) high with the appropriate marking. However, 
section 178.350 requires that each Specification 7A packaging comply 
with the marking requirements of Sec.  178.3, which requires the 
marking to be at least 12.0 mm (0.47 inches) in height, with exceptions 
for smaller packages. PHMSA is proposing to correct this discrepancy by 
amending the section 172.310 marking requirement to be the same as the 
178.350 requirements.
Section 172.402
    This section sets forth additional requirements for the labeling of 
packages. Paragraph (d) specifies additional labeling requirements for 
packages containing a Class 7 (radioactive) material. PHMSA is 
proposing to revise paragraph (d)(1) to clarify that for a package 
containing a Class 7 (radioactive) material that meets the definition 
of one or more additional hazard classes a subsidiary label is not 
required on the package if the non-radioactive material conforms to the 
small quantity exception in Sec.  173.4, excepted quantities exception 
in Sec.  173.4a, or de minimis exceptions in Sec.  173.4b.
Section 172.403
    This section sets forth requirements for the labeling of packages 
of radioactive material. Paragraph (d) specifies the requirements for 
the labeling of EMPTY packages and references paragraph 173.428(d). In 
HM-230, this paragraph was redesignated as 173.428(e), but the 
reference to it in 172.403(d) was not changed. PHMSA is proposing to 
correct this reference.
    PHMSA is also proposing to revise paragraph (g)(2) to be consistent 
with the change proposed herein for paragraph 172.203(d)(3) to clarify 
that the activity shown on the label should include the activity of all 
radionuclides present in the package. PHMSA is proposing to more 
closely align with the wording in TS-R-1 by specifying that the 
activity should be the maximum activity of the radioactive contents 
during transport. Further, PHMSA is proposing to amend the activity 
printing requirement on the RADIOACTIVE label to permit the mass of 
each fissile nuclide, as appropriate for mixtures, to be included.
Section 172.504
    This section sets forth general placarding requirements for bulk

[[Page 50337]]

packagings, freight containers, unit load devices, transport vehicles 
or rail cars containing hazardous materials. In Table 1 of the 
placarding tables in paragraph (e), PHMSA is proposing to require 
conveyances carrying fissile material packages, unpackaged low specific 
activity (LSA) material or surface contaminated object (SCO) material 
in category I (i.e., LSA-I and SCO-I respectively), all conveyances 
required by Sec. Sec.  173.427 and 173.441 to operate under exclusive 
use conditions, and all closed vehicles used in accordance with Sec.  
173.443(d) to be placarded. Currently, placards are only required for 
class 7 shipments that have Radioactive Yellow III labels and for 
exclusive use shipments of LSA material and SCO transported in 
accordance with Sec.  173.427(b)(4) and (5) or (c).
Section 172.505
    This section sets forth placarding requirements for subsidiary 
hazards. In paragraph (b), PHMSA is proposing to remove the reference 
to ``low specific activity uranium hexafluoride'' as the change PHMSA 
is proposing to section 173.420, paragraph (e) would require that the 
uranium hexafluoride shipping description should take precedence over 
the shipping description for LSA material and thus there would be no 
shipments of uranium hexafluoride allowed with low specific activity as 
part of the proper shipping name. The proposed revision to paragraph 
(e) requires that all shipments of 454 kg (1,001 pounds) or more gross 
weight of non-fissile, fissile-excepted, or fissile uranium 
hexafluoride be placarded with a CORROSIVE placard as well as the 
required RADIOACTIVE placard.

Part 173

Section 173.4
    Section 173.4 specifies exceptions for transporting small 
quantities of certain hazardous materials by highway and rail. PHMSA is 
proposing to revise paragraph (a)(1)(iv) to remove the reference to 
Sec.  173.425. Currently, paragraph (a)(1)(iv) references Sec. Sec.  
173.421, 173.424, 173.425 and 173.426; Sec. Sec.  173.421 and 173.424 
already cite the activity limits in Sec.  173.425, while 173.426 is 
independent of the activity, so long as the dose rate limit of Sec.  
173.421(a)(2) is met.
    In addition, PHMSA is proposing to revise paragraph (b) to specify 
that small quantities of other hazardous materials that are also Class 
7 (radioactive) materials must satisfy the requirements of Sec.  
173.421, Sec.  173.424, or Sec.  173.426 in their entirety. As a 
result, this requires small quantities of other hazardous materials 
that also meet the definition of a Class 7 (radioactive) material to 
satisfy the requirements of Sec.  173.422. Consequently this change 
would require the package to be marked with the UN number for the 
excepted package category (see Sec.  173.422(a)). This change is 
proposed for consistency with the situation which would occur if the 
radioactive material did not have a small quantity of another hazard 
class; if the other hazard were not present, the UN marking would be 
required for the excepted radioactive material package.
    The proposal to add a reference to Sec.  173.426 in paragraph 
173.4(b) is made in order to be consistent with paragraph Sec.  
173.4(a)(1)(iv).
Section 173.25
    Section 173.25 sets forth requirements for overpacks of hazardous 
materials packages. Currently, Sec.  173.25(a)(4) requires an overpack 
to be marked with ``OVERPACK'' when specification packagings are 
required and the package markings are not visible; however, for Class 7 
that applies only to DOT 7A, Type A packages. PHMSA is proposing to 
revise that paragraph to require the ``OVERPACK'' marking on all 
overpacks containing packages of Class 7 (radioactive) materials, 
unless package type markings representative of each Class 7 package, 
contained therein, are visible from the outside of the overpack.
Section 173.401
    PHMSA is proposing to modify the scoping statement in Sec.  
173.401(b)(4) to add the phrase ``which are either in their natural 
state, or which have only been processed for purposes other than for 
extraction of the radionuclides.'' This proposal aligns domestic 
regulations with the international standard (TS-R-1) and clarifies that 
the exception applies to processed natural material and ore.
    PHMSA is proposing to add a new paragraph (b)(5) to clarify that 
non-radioactive solid objects with radioactive substances present on 
any surfaces in quantities not exceeding the limits cited in the 
definition of contamination in Sec.  173.403 are not subject to the 
Class 7 (radioactive) material requirements of the HMR.
Section 173.403
    Section 173.403 contains definitions specific to Class 7 
(radioactive) materials. In this NPRM, PHMSA is proposing to revise the 
definitions of contamination, criticality safety index, fissile 
material, low specific activity and LSA-I, radiation level, and 
uranium.
    PHMSA is proposing to change the definition of contamination by 
replacing the words ``radioactive contamination'' in the text for 
``Fixed radioactive contamination'' and ``Non-Fixed radioactive 
contamination'' with the word ``contamination'' alone. The reason is 
that an object may have radioactive ``substances'' on its surface with 
activity/area in excess of the values used to define contamination (so 
that the object is ``contaminated''), and yet if the total activity of 
those substances is below the exempt consignment activity limit, the 
contaminated object would not be subject to regulation as a 
``radioactive material'' (Class 7 material) as defined in 173.403 The 
word ``contamination'' instead of the phrase ``radioactive 
contamination'' also corresponds more closely to the language used in 
the definition of contamination in TS-R-1. In addition, PHMSA is 
replacing the phrase ``contamination exists in two phases'' with 
``there are two categories of contamination,'' because PHMSA believes 
the word ``categories'' is more accurate in establishing the two 
contamination types than the word ``phases.''
    PHMSA is proposing to revise the definition of ``criticality safety 
index'' to include the sum of criticality safety indices of all fissile 
material packages contained within a conveyance. This revision is 
necessary for consistency with the criticality safety index limits on 
conveyances in Sec.  173.457(d).
    PHMSA is proposing to revise the definition of ``fissile material'' 
to align with NRC's definition and to clarify that certain exceptions 
are provided in Sec.  173.453.
    PHMSA is proposing to adopt the TS-R-1 change in the definition of 
``low specific activity (LSA) material'' that modifies the wording for 
the second category of LSA-I to include liquid unirradiated natural or 
depleted uranium or natural thorium, in addition to the previously 
included terms. Additionally, PHMSA proposes to correct an 
inconsistency between the NRC definition and the HMR definition of Low 
Specific Activity (LSA) material. Presently, the definition contains, 
in category (iv) of LSA-I, the exclusion of fissile material, which is 
not excepted under Sec.  173.453. The NRC definition has this 
restriction not in category (iv) of LSA-I, but rather in the 
introductory paragraph that encompasses LSA-I, -II, and -III. It is 
PHMSA's intention to prevent the possibility of fissile LSA or SCO, 
thus PHMSA proposes to change the definition of Low Specific Activity 
(LSA) material to correspond with the existing NRC definition.

[[Page 50338]]

    PHMSA is proposing to revise the definition of ``radiation level'' 
to clarify the types of radiation that contribute to the radiation 
level.
    PHMSA is proposing to revise the definition of uranium, to allow 
for the possibility that natural uranium doesn't necessarily have to be 
chemically separated from accompanying constituents.
Section 173.410
    Section 173.410 sets forth general design requirements for packages 
used for the transportation of Class 7 (radioactive) materials. In 
paragraph (i)(3), PHMSA proposes to revise a requirement for 
transporting liquid Class 7 (radioactive) material by air to specify 
that the package must be capable of withstanding, without leakage 
(i.e., without release of radioactive material), a pressure 
differential of not less than the ``maximum normal operating pressure'' 
(defined in Sec.  173.403) plus 95 kPa (13.8 psig). The HMR currently 
require a package to be capable of withstanding a pressure differential 
of not less than 95 kPa. PHMSA is proposing to require that the maximum 
pressure differential include the maximum normal operating pressure 
(defined in Sec.  173.403) to account for the contribution of 
internally generated gas pressure to the overall pressure differential.
Section 173.411
    Section 173.411 sets forth requirements for industrial packages. 
Throughout this section, PHMSA proposes to make editorial revisions to 
improve consistency with the nomenclature used for package types, and 
to clarify the meaning of two authorized alternatives to Type IP-2 or 
IP-3 packages.
    PHMSA is proposing to replace the word ``packaging'' with 
``package'' in each place it appears in this section. The reason for 
this is that in principle, it is the package--i.e., the packaging with 
its radioactive contents--which must satisfy the pertinent performance 
requirements, as applicable. In the case of Type IP-1 packages, the 
only requirements that must be satisfied are design requirements. 
Therefore, PHMSA proposes to change IP-1 packaging to Type IP-1 
package.
    In addition, PHMSA is proposing to replace the terms IP-1, IP-2, 
and IP-3 with Type IP-1, Type IP-2, and Type IP-3 to make the 
designations for industrial packages more consistent with the language 
PHMSA uses for other Class 7 (radioactive) material package types, such 
as Type A, Type B(U), etc. Similar changes were made to various 
sections of TS-R-1 in the 2003 revision.
    For consistency with the language in TS-R-1, and to provide a 
measurable requirement in paragraph (b)(2)(ii), PHMSA proposes to 
replace the requirement that package tests for Type IP-2 and Type IP-3 
should not result in a significant increase in the external surface 
radiation levels with wording to indicate that the package tests should 
not result in more than a 20% increase in the maximum radiation level 
at any external surface of the package. Section 173.411 currently 
includes a 20% requirement for tank containers, tanks, freight 
containers, and metal intermediate bulk containers that are used as 
Type IP-2 or Type IP-3 packages; PHMSA is proposing to align the 
wording in these sections with that of TS-R-1.
    PHMSA is proposing to revise the terminology used in describing the 
alternatives to Type IP-2 and IP-3 packages for materials, including 
liquids and gases, normally transported in various types of tanks. 
Section 173.411(b)(4) currently authorizes the use of ``tank 
containers'' as Type IP-2 or IP-3 packages under certain conditions, 
and the same is true in Sec.  173.411(b)(5) for ``tanks, other than 
tank containers.'' There has been confusion associated with the 
meanings of these terms because the HMR do not define ``tank 
container.'' For this reason and for consistency with TS-R-1, PHMSA 
proposes to replace the phrase ``tank container'' with ``portable 
tank,'' which is defined in Sec.  171.8 as ``a bulk packaging designed 
primarily to be loaded onto, or on, or temporarily attached to a 
transport vehicle or ship and equipped with skids, mountings, or 
accessories to facilitate handling of the tank by mechanical means.'' 
This definition goes on to specifically exclude, among others, 
(highway) cargo tanks and (rail) tank cars in the definition of 
portable tank. Thus by ``portable tank'' PHMSA means a multi-modal tank 
designed to be loaded, with its contents, on a flat-bed truck or rail 
car, or on a vessel. The second alternative used in TS-R-1 is, ``tanks, 
other than portable tanks.'' By virtue of the Sec.  171.8 definition of 
``portable tank,'' this would then refer to ``cargo tanks and tank 
cars'' and PHMSA proposes to use that phrase for clarity.
    For consistency with the language in TS-R-1, PHMSA is proposing in 
Sec.  173.411(b)(4) to replace the phrase, ``They are designed to 
conform to the standards prescribed in Chapter 6.7 of the United 
Nations Recommendations on the Transport of Dangerous Goods'' with the 
phrase, ``They are designed to satisfy the requirements prescribed in 
Chapter 6.7 of the United Nations Recommendations on the Transport of 
Dangerous Goods.'' Likewise, in Sec.  173.411(b)(7), PHMSA proposes to 
replace the phrase, ``They are designed to conform to the standards 
prescribed in Chapter 6.5 of the United Nations Recommendations on the 
Transport of Dangerous Goods'' with the phrase, ``They are designed to 
satisfy the requirements prescribed in Chapter 6.5 of the United 
Nations Recommendations on the Transport of Dangerous Goods.''
    Section 173.411(b)(5) authorizes the use of DOT Specification IM-
101 or IM-102 steel portable tanks as Type IP-2 or IP-3 packages for 
the transport of LSA-I and LSA-II liquids and gases under the 
conditions in Table 6 of Sec.  173.427. Since these are in fact 
``portable tanks,'' PHMSA believes that they should more appropriately 
be cited under the authorization for portable tanks discussed above. 
However, because requirements for these DOT specification tanks are no 
longer listed in Part 178 of the HMR (as the manufacture of new IM-101 
and IM-102 portable tanks was terminated as of December 31, 2002, and 
authorization for their use terminated on January 1, 2010), PHMSA 
proposes to remove the reference to these tanks in paragraph 
173.411(b)(5) as possible Type IP-2 or Type IP-3 packages. Their use 
would still be permitted if it can be shown that they conform to the 
requirements of paragraph 173.411(b)(4). PHMSA proposes to revise 
paragraph 173.411(b)(5) to contain the TS-R-1 requirements for tanks, 
other than portable tanks, that is, cargo tanks and tank cars.
    In paragraph (c), PHMSA proposes to extend the retention period for 
Type IP-2 and Type IP-3 package documentation from one year to two 
years after the offerror's latest shipment, to correspond to the 
minimum period an offeror is required to retain copies of shipping 
papers.
Section 173.412
    Section 173.412 sets forth additional design requirements for Type 
A packages. Paragraph (f) requires the containment system to be capable 
of retaining its contents under the reduction of ambient pressure to 25 
kPa (3.6 psi). This number has been 60 kPa (8.7 psi) for many years in 
the IAEA regulations, and to harmonize with TS-R-1 PHMSA proposes to 
change this limit to 60 kPa (8.7 psi) in Sec.  173.412(f). An 
atmospheric pressure of 60 kPa corresponds roughly to an altitude of 
13,800 feet. Thus a Type A package with a containment that can retain 
its

[[Page 50339]]

contents at this external pressure will be able to retain its contents 
for all altitudes normally encountered during surface transportation. 
Additional protection from leakage for transportation of liquids by air 
is given in Sec.  173.410(i)(3), which requires that all types of 
packages be able to withstand a pressure differential of 95 kPa (13.8 
psig).
    Paragraph (j)(2) sets forth the limitation on changes to the 
external radiation field which may result from the various Type A 
package tests. Presently, the HMR require that there not be a 
``significant increase'' in the radiation level recorded or calculated 
at the external surfaces of a Type A package before the test. In this 
NPRM, PHMSA proposes to revise paragraph (j)(2) to specify that the 
maximum radiation level at the external surface of the package not 
increase by more than 20%. PHMSA believes that this quantitative 
requirement is more objective and is also consistent with language in 
TS-R-1.
    Paragraph (k)(3) sets forth requirements for the retention of 
liquid contents in a Type A package. Currently, the HMR require that 
the package have either sufficient suitable absorbent material to 
absorb twice the volume of the liquid contents, or ``Have a containment 
system composed of primary inner and secondary outer containment 
components designed to assure retention of the liquid contents within 
the secondary outer component in the event that the primary inner 
component leaks.'' To provide further clarity, PHMSA proposes to adopt 
the revised wording in TS-R-1, which states, ``Have a containment 
system composed of primary inner and secondary outer containment 
components designed to enclose the liquid contents completely and 
ensure their retention within the secondary outer component in the 
event that the primary inner component leaks.''
Section 173.415
    Section 173.415 contains language stating Type A packages are 
authorized for shipment that do not contain quantities exceeding the 
A1 or A2 values for radionuclides in Sec.  
173.435. Paragraph (a) specifies the Specification 7A recordkeeping 
requirements. In this NPRM, PHMSA proposes to extend the retention 
period for Type A package documentation from one year to two years 
after the offerror's latest shipment, to correspond to the minimum 
period for which an offeror is currently required to retain copies of 
shipping papers. PHMSA is also proposing to include more detailed 
language describing the kinds of information expected to be included as 
part of the Type A package documentation. This would include an 
engineering drawing and description of the package showing materials of 
construction, dimensions, weight, closure and closure materials 
(including gaskets, tape, etc.) of each item of the containment system, 
shielding and packing materials used in normal transportation. If the 
packaging is subjected to the physical tests of Sec.  173.465-Sec.  
173.466, complete documentation of testing would be required, including 
date, place of test, signature of testers, a detailed description of 
each test performed including equipment used, and the damage to each 
item of the containment system resulting from the test. For any other 
demonstration of compliance with tests authorized in Sec.  173.461, a 
detailed analysis would need to be documented which shows that, for the 
contents being shipped, the package meets the pertinent design and 
performance requirements for a DOT 7A Type A specification package.
Section 173.416
    Section 173.416 provides a list of authorized Type B packages. 
PHMSA is proposing to remove the present paragraph (c), which allows 
the continued use of an existing Type B packaging constructed to DOT 
specification 6M, 20WC, or 21WC until October 1, 2008. These packages 
are no longer authorized for transport. PHMSA is also proposing to add 
a new paragraph (c), which authorizes the domestic shipment of a 
package conducted under a special package authorization granted by the 
U.S. Nuclear Regulatory Commission in accordance with 10 CFR 71.41(d).
Section 173.417
    Section 173.417 provides a list of authorized fissile materials 
packages. PHMSA is proposing to remove the present paragraph (c), which 
allows the continued use of an existing fissile material packaging 
constructed to DOT specification 6L, 6M, or 1A2 until October 1, 2008. 
These packages are no longer authorized for transport. Additionally, 
PHMSA proposes to delete the references in paragraph (a)(3), paragraph 
(b)(3), and paragraph (b)(3)(ii) Table 3 to 21PF overpacks as those 
overpacks are no longer in service. In addition, PHMSA is correcting a 
typographical error in the heading of Table 3 in paragraph (b)(3)(ii). 
PHMSA is proposing to add a new paragraph (c), which authorizes the 
domestic shipment of a package conducted under a special package 
authorization granted by the U.S. Nuclear Regulatory Commission in 
accordance with 10 CFR 71.41(d).
Section 173.420
    Section 173.420 sets forth requirements for uranium hexafluoride 
(fissile, fissile excepted and non-fissile). In this NPRM, PHMSA is 
proposing to remove paragraph (a)(2)(ii), which references 
specifications for DOT-106A multi-unit tank car tanks. PHMSA believes 
that these multi-unit tank car tanks are not used, nor planned to be 
used for transporting UF6. The present paragraph (a)(2)(iii) 
would be renumbered as (a)(2)(ii).
    In addition, PHMSA is proposing to add a new model 30C packaging 
model in the table in the revised paragraph 173.420(a)(2)(ii)(D), to 
have the same minimum thickness of 7.93 mm (0.312 in) as the 30B 
cylinder. This reflects the recent addition of the model 30C cylinder 
in the American National Standards Institute, ANSI N14.1 standard. The 
present requirements for UF6 ``heels'' in a 30 inch cylinder 
meeting the requirements for a DOT Specification 7A Type A packaging, 
as presented in Table 2 in 173.417(a)(2), would hold for the 30C as 
well as the 30B cylinders.
    PHMSA is proposing to add a paragraph (e) to require 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 (e.g., the uranium hexafluoride shipping description 
should take precedence over the shipping description for LSA material). 
This is a TS-R-1 change that assures the corrosive hazard inherent in 
the shipment of UF6 is identified in the shipment hazard 
communications.
Section 173.421
    Section 173.421 sets forth requirements for limited quantities of 
Class 7 (radioactive) materials. Currently, Sec.  173.421(b) permits 
excepted packages of limited quantities of radioactive material that 
are a reportable quantity of hazardous substance or waste to be shipped 
without having to comply with Sec.  172.203(d) or Sec.  172.204(c)(4). 
PHMSA proposes to extend this relief from these shipping paper 
requirements to all excepted packages that are a hazardous substance or 
waste by removing Sec.  173.421(b) and adding the exclusion from Sec.  
172.203(d) and Sec.  172.204(c)(4) to Sec.  173.422.
Section 173.422
    Section 173.422 sets forth additional requirements for excepted 
packages containing Class 7 (radioactive)

[[Page 50340]]

materials. In this NPRM, PHMSA is proposing to revise the introductory 
text to specify that a small quantity of another hazard class (as 
defined in Sec.  173.4) that would otherwise qualify for shipment as a 
Class 7 (radioactive) material in an excepted package must also satisfy 
the requirements of Sec.  173.422.
    As noted above, Sec.  173.421(b) currently permits excepted 
packages of limited quantities of radioactive material that are a 
hazardous substance or hazardous waste to be shipped without having to 
comply with Sec.  172.203(d) or Sec.  172.204(c)(4). PHMSA proposes to 
extend this relief from full shipping paper requirements to all 
excepted packages that are a hazardous substance or hazardous waste by 
moving the exclusion from Sec.  172.203(d) and Sec.  172.204(c)(4) 
provisions to Sec.  173.422(e). PHMSA also proposes to add an exclusion 
from Sec.  172.202(a)(5) for such packages.
    PHMSA is also proposing to add to Sec.  173.422(a) a requirement 
that all excepted packages whose contents meet the definition of a 
hazardous substance, be marked with the letters ``RQ''. This will 
provide consistency with existing marking requirements for a package 
containing a hazardous substance.
Section 173.427
    In the introductory paragraph (a) of Sec.  173.427, PHMSA proposed 
to change the phrase ``LSA material and SCO must be packaged * * *'' to 
``LSA materials and SCO must be transported * * *'' This would free 
PHMSA from treating paragraphs (c) and (d) (which deal with unpackaged 
LSA/SCO, or with LSA or SCO which require packaging in accordance with 
NRC requirements in 10 CFR part 71) as exceptions, and clarify that 
they are subcategories of LSA material or SCO.
    In paragraph 173.427(a)(6)(v), PHMSA is proposing to remove the 
placarding exception for shipments of unconcentrated uranium or thorium 
ores. The increased communication requirement, just as is the case for 
other exclusive use shipment of LSA or SCO, is intended to compensate 
for the fact that packaging requirements are minimal for these 
materials. PHMSA proposes to clarify that all of the placarding 
requirements of subpart F of part 172 must be met. The current version 
refers to vehicle placarding, however, subpart F of part 172 contains 
requirements for placarding of bulk packagings, freight containers, 
unit load devices, transport vehicles, and rail cars.
    In paragraph 173.427(a)(6)(vi), PHMSA is proposing to require that 
when low specific activity (LSA) materials or surface contaminated 
objects (SCO) are shipped in accordance with that paragraph and contain 
a subsidiary hazard from another hazard class, the labeling required by 
172.402(d) for the subsidiary hazard would be required. Presently, 
173.427(a)(6)(vi) excepts such shipments from all marking and labeling 
requirements, other than for the stenciling or marking as 
``RADIOACTIVE--LSA'' or ``RADIOACTIVE--SCO'', as appropriate. Shipping 
paper requirements in 172.202(a)(3) were revised in January 2009 such 
that a subsidiary hazard class or division number is not required to be 
entered when a corresponding subsidiary hazard label is not required. 
Thus, there is currently is no requirement for any communication that 
the subsidiary hazard is present. This proposed change would indicate 
the presence of the subsidiary hazard by use of the required label and 
a corresponding entry on the shipping paper.
    PHMSA proposes in paragraph (b)(1) to replace IP-1, etc., by Type 
IP-1, etc., as proposed in Sec.  173.411, to coincide more closely with 
the IAEA nomenclature in TS-R-1.
    PHMSA proposes to rearrange the wording in paragraph (b)(4), to 
indicate that for an exclusive use shipment of less than an 
A2 quantity, the packaging should meet the requirements of 
Sec.  173.24a or Sec.  173.24b, depending on whether the packaging 
would be considered non-bulk or bulk according to the definition in 
Sec.  171.8. For the most part this distinction is irrelevant for 
radioactive material packages, but there are some cases, such as LSA 
liquids transported in portable tanks, where the bulk-packaging 
requirements are more appropriate.
    In paragraph (b)(5), PHMSA proposes to withdraw the explicit 
authorization for certain DOT Specification tank cars and cargo tanks, 
and replace it with the general authorization for use of portable 
tanks, cargo tanks and tank cars as proposed in Sec.  173.411. PHMSA 
believes that the presently authorized DOT Specification tank cars and 
cargo tanks are seldom used, and that the Sec.  173.411 requirements, 
both present and proposed, offer a broader range of options.
    In Sec.  173.427(c)(3), PHMSA is proposing to change the phrase 
``where it is suspected that non-fixed contamination exists * * *'' to 
``where it is reasonable to suspect that non-fixed contamination exists 
* * *'' This proposal is intended to clarify that the shipper must have 
a justifiable reason if he decides that it is not necessary to take 
measures to ensure that contamination from SCO-I is not released into 
the conveyance or to the environment.
    PHMSA is also proposing to add a new paragraph (c)(4) to require 
that when unpackaged LSA-I material or SCO-I required to be transported 
exclusive use is contained in receptacles or wrapping materials, the 
outer surfaces of the receptacles or wrapping materials must be marked 
``RADIOACTIVE LSA-I'' or ``RADIOACTIVE SCO-I'' as appropriate, and a 
new paragraph (c)(5) to require that all highway or rail conveyances 
carrying unpackaged SCO-I be placarded.
    The proposed changes in paragraphs (a) (which would remove the 
present restriction to materials not ``excepted by paragraph (c) or (d) 
of this section'') and (a)(6)(v) (which requires placarding of 
exclusive use shipments), already imply that all other exclusive use 
shipments of unpackaged LSA-I or SCO-I would have to be placarded, 
because of Sec.  173.427(c)(2), which requires that all shipments of 
unpackaged LSA-I and SCO-I with contamination greater than the listed 
values be shipped under exclusive use. The increased marking and 
placarding requirements for the transportation of unpackaged LSA-I and 
SCO-I are intended to further identify the presence of a hazard in view 
of the lesser packaging requirements for these low-level materials.
    In an attempt to harmonize more closely with the IAEA regulations, 
PHMSA is proposing a modification to Table 5. PHMSA proposes to add a 
separate column for conveyances traveling by inland waterways, in which 
some authorized activity limits for LSA material and SCO would be 
reduced from those for other types of conveyances.
    In Table 6, PHMSA is proposing to replace the terms IP-1, IP-2, and 
IP-3 with Type IP-1, Type IP-2, and Type IP-3 to be consistent with the 
similar changes proposed in Sec.  173.411.
Section 173.433
    Section 173.433 sets forth requirements for determining 
radionuclide values, and for listing radionuclides on shipping papers 
and labels. In this NPRM, PHMSA is proposing to revise paragraphs (b), 
(c), and (d)(3).
    PHMSA proposes to revise paragraph (b) to clarify the use of line 3 
in Tables 7 and 8 for when no relevant data are available. Currently, 
paragraph (b) allows use of Table 7 for values of A1 and 
A2 and Table 8 for exemption

[[Page 50341]]

values when the individual radionuclides are not listed in section 
173.435 or section 173.436. Tables 7 and 8 also indicate values that 
may be used when ``No relevant data are available,'' but there is no 
reference in the text to when those entries may be used.
    PHMSA also proposes to revise paragraph (c)(1) to conform to the 
current wording in TS-R-1. Presently, when shippers calculate an 
A1 or A2 value not in the table in Sec.  173.435 
(provided they are first approved by the Associate Administrator or, 
for international transport, multilateral approval is obtained from the 
pertinent Competent Authorities), the HMR state ``it is permissible to 
use the A2 value related to its solubility class * * *'' 
This would be replaced by ``it is permissible to use an A2 
value calculated using a dose coefficient for the appropriate lung 
absorption type * * *'' This proposed minor change in wording (1) takes 
into account that there is no ready-made list of A2 values 
related to solubility classes, and (2) recognizes that in the Q-system 
(see Appendix I of ``Advisory Material for the IAEA Regulations for the 
Safe Transport of Radioactive Material,'' IAEA Safety Standards Series 
No. TS-G-1.1 (Rev. 1)) the doses for the inhalation pathway are 
calculated on the basis of dose coefficients for the lungs, which in 
turn are classified by the International Commission on Radiological 
Protection according to lung absorption types F (fast), M (medium), and 
S (slow). Further, PHMSA is proposing to add language to paragraph (c) 
to clarify that this method of calculation only applies to the 
alternative specified in paragraph (b)(2), which requires approval by 
the Associate Adminstrator, or for international transportation, 
multilateral approval from the pertinent Competent Authorities.
    PHMSA is also proposing to revise paragraph (d)(3) to correct 
incorrect references to other paragraphs. Currently, the explanation of 
the symbols in paragraph (d)(3) references paragraph (d)(2) and itself. 
It should reference paragraphs (d)(1) and (d)(2).
    PHMSA is also proposing to modify two of the category descriptions 
in Tables 7 and 8 of Sec.  173.433 for default basic radionuclide 
values, conforming as nearly as possible to the current wording in TS-
R-1. The second category presently reads ``Only alpha emitting nuclides 
are known to be present''; in Tables 7 and 8 PHMSA proposes to replace 
it with ``Alpha emitting nuclides, but no neutron emitters, are known 
to be present.'' In Table 7 PHMSA proposes to add a footnote for the 
case that alpha emitters and beta or gamma emitters but no neutron 
emitters are known to be present. The reason for this footnote is that 
the IAEA default A1 value for the case when alpha emitters 
are known to be present is larger than the value when only beta or 
gamma emitters are known to be present; the footnote entry clarifies 
that if both alpha and beta or gamma emitters are present, the lower 
default A1 value should be used. The lesser A1 
default value that would be prescribed in this case would be the more 
logical and conservative choice. The third category presently reads 
``No relevant data are available''; PHMSA proposes to replace it with 
``Neutron emitting nuclides are known to be present or no relevant data 
are available.'' The new wording gives appropriate instructions for the 
appropriate default values to be used in the case that neutrons are 
known to be present, and in the case that they are known not to be 
present. With the present wording, there is no indication as to which 
values should be used if neutrons are known to be present. The proposed 
wording clarifies that if there are different default values for 
different types of radiation, the smaller, most conservative value for 
the types of radiation known to be present should be used.
Section 173.435
    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, and for other purposes. The A1 and 
A2 values for the most commonly transported radionuclides 
are listed in the ``Table of A1 and A2 values for 
radionuclides'' in Sec.  173.435. PHMSA is proposing to revise the 
table as follows:
     In the entry for Cf-252, in column 1, the reference to 
footnote (h) would be removed, and in columns 3 and 4, the 
A1 value is revised;
     A1 and A2 values and the intrinsic 
specific activity for Krypton-79 (Kr-79) would be included in the table 
in 173.435; the A-values were calculated using the Q system, and added 
to TS-R-1 in its 2009 edition, and the specific activity calculated 
from the relation specific activity in Bq/g = 0.693 times Avogadro's 
number divided by the half life in seconds times the atomic mass.
     In the entry for Mo-99, in column 1, the reference to 
footnote (i) would be removed and a reference to footnote (h) is added 
in its place;
     In the entry for Ir-192, the footnote (c) reference would 
be moved to the special form columns only; and
     In the footnotes to the table, footnote (a) would be 
revised, footnote (c) would be revised to indicate that the comparison 
of ``output'' activity to the A-values is restricted to special form 
sources of Ir-192, footnote (h) would be removed, and footnote (i) 
would be redesignated as footnote (h).
Section 173.436
    Section 173.436 specifies the nuclide-specific exemption 
concentrations and the nuclide-specific exemption-consignment activity 
limits for radionuclides. The HMR defines a Class 7 (radioactive) 
material as being any material where both the activity concentration 
and total activity in the consignment exceed the values specified in 
the table in Sec.  173.436 or values derived according to instructions 
in Sec.  173.433. To reflect corresponding changes in TS-R-1, PHMSA is 
proposing to revise the total consignment activity exemption for 
Tellurium-121m (Te-121m), from 1 x 10\5\ Bq to 1 x 10\6\ Bq and to add 
an entry for Krypton-79 (Kr-79). PHMSA is also proposing to revise the 
list of parent nuclides and their progeny listed in secular equilibrium 
in footnote (b) to the table. The chains for parents Cerium-134 (Ce-
134), Radon-220 (Rn-220), Thorium-226 (Th-226), and Uranium 240 (U-240) 
are proposed to be removed. PHMSA also proposes to add an entry for 
Silver-108m (Ag-108m). This is being done because when the nuclide-
specific basic values from the BSS (IAEA Safety Series No. 115, 
International Basic Safety Standards for Protection against Ionizing 
Radiation and for the Safety of Radiation Sources) were adopted for 
transportation purposes, Table I in TS-R-1 was slightly modified 
through the addition of a few radionuclides and the elimination of 
others, while corresponding changes in the list in footnote (b) were 
inadvertently overlooked.
Section 173.443
    Section 173.443 specifies contamination control limits. Revisions 
to each of the affected paragraphs in this section are described as 
follows:
    PHMSA proposes to reorganize paragraph (a); as a result, paragraphs 
173.443(a)(1) and (2) would become 173.443(a)(1)(i) and (ii) 
respectively. In paragraph (a), PHMSA proposes to apply the existing 
requirement that the level of non-fixed (removable) radioactive 
contamination on the external surfaces of each package be kept as low 
as reasonably achievable to the external and internal surfaces of an 
overpack, freight container, tank,

[[Page 50342]]

intermediate bulk container, or conveyance. The proposed amendment 
ensures that any associated transportation equipment utilized for 
transportation does not exhibit excessive levels of non-fixed 
(removable) radioactive contamination and aligns the domestic 
contamination control requirements with international standards in TS-
R-1.
    While PHMSA is also proposing to extend the application of the non-
fixed (removable) radioactive contamination limits found in Sec.  
173.443(a) to the external and internal surfaces of an overpack, 
freight container, tank, intermediate bulk container, and conveyance, 
PHMSA proposes to exclude the internal surfaces of a freight container, 
tank, intermediate bulk container or conveyance dedicated to the 
transport of unpackaged radioactive material in accordance with Sec.  
173.427(c) and remaining under that specific exclusive use. Again, the 
reasoning for this proposal is to ensure that any associated items 
utilized during transportation do not exceed designated upper limits 
for non-fixed (removable) radioactive contamination, while excepting 
the internal surfaces of components used to transport unpackaged Class 
7 (Radioactive) material under exclusive use, so long as they remain 
under that specific exclusive use. This exception eliminates the need 
for unnecessary decontamination at the end of or between trips, so long 
as exclusive use conditions continue to be instituted, when 
transporting unpackaged LSA-I and SCO-I and aligns domestic 
contamination control requirements with international standards in TS-
R-1.
    PHMSA is proposing a new paragraph 173.443(a)(2) to require that 
contamination determinations be required for conveyances used for non-
exclusive use shipments only in the case that there is reason to 
suspect that contamination might be present.
    In Table 9, which is referenced in the new paragraph 
173.443(a)(1)(i), PHMSA proposes to change the contamination limits in 
the column labeled dpm/cm\2\ from 220 to 240 for contamination due to 
beta and gamma emitters and low toxicity alpha emitters, and from 22 to 
24 for that due to all other alpha emitting nuclides, respectively. 
Historically the values 220 and 22 resulted from the fact that the 
contamination limits were originally expressed as 10-\4\ and 
10-\5\ uCi/cm\2\ (microcuries per cm\2\) respectively, which 
in dpm/cm\2\ are equivalent to 222 and 22. In SI units, these limits 
are equivalent to 3.7 and 0.37 Bq/cm\2\ respectively. Because the IAEA 
decided to round these numbers to one significant figure, the limits 
became 4 and 0.4 Bq/cm\2\. Since SI units are the regulatory standard 
units (see Sec.  171.10), the limits are 4 and 0.4 Bq/cm\2\ and a 
direct conversion from those values gives 240 and 24 dpm/cm\2\.
    In paragraph (b), PHMSA is proposing to extend the non-fixed 
(removable) radioactive contamination limits established in this 
paragraph (up to ten times the limits in Sec.  173.443(a) during 
exclusive use shipments by rail or highway, if the initial 
contamination is no greater than the Sec.  173.443(a) limits) to the 
external and internal surfaces of overpacks, freight containers, tanks, 
intermediate bulk containers, and conveyances, in addition to the 
external surfaces of each package. This proposal ensures that any 
radioactive substances on the associated items utilized during 
transportation do not exceed the designated upper limits for non-fixed 
(removable) radioactive contamination of the package during transport.
    In paragraph (c), PHMSA is proposing to eliminate the ambiguity and 
confusion concerning the phrase ``returned to service,'' primarily for 
conveyances, but also for overpacks, freight containers, tanks, and 
intermediate bulk containers that may have had radioactive substances 
deposited on them during certain Class 7 (radioactive) exclusive use 
transport scenarios. Under this proposal, with limited exceptions 
provided by Sec. Sec.  173.443(a) and (d), a conveyance, overpack, 
freight container, tank, or intermediate bulk container used for 
exclusive use transport of radioactive materials under Sec. Sec.  
173.427(b)(4), 173.427(c), or 173.443(b) would need to be surveyed with 
appropriate radiation detection instruments and would have to exhibit a 
radiation dose rate at any accessible surface of no greater than 0.005 
mSv per hour (0.5 mrem per hour), and removable radioactive surface 
contamination no greater than the limits in Sec.  173.443(a), in order 
to continue to be used for one of the following specified Class 7 
(radioactive) materials exclusive use transport scenarios:
    (1) The use of the packaging exception for less than an 
A2 quantity authorized in Sec.  173.427(b)(4);
    (2) The use of the authorization in Sec.  173.427(c) to ship 
unpackaged LSA-I and SCO-I; and
    (3) The use of the authorization in Sec.  173.443(b) to ship 
packages that may develop increased contamination during transport up 
to ten times the normal package limits, so long as they meet the 
package limits at the beginning of transport.
    The procedure described in Sec.  173.443(c) would not be 
applicable, and would in fact generally be prohibited, for unrestricted 
return to general service of the item or conveyance. The rationale for 
this proposed change in wording of Sec.  173.443(c), and of Sec.  
174.715(a), Sec.  175.705(c), Sec.  176.715, and Sec.  177.843(a), is 
justified as follows: (1) If this ``returned to service'' criterion 
were to be considered a criterion for unrestricted release following 
exclusive use transport of Class 7 (radioactive) materials, it would be 
providing a radioactive material unrestricted transfer (free release) 
limit, which the U.S. DOT does not have the authority to do. (2) Given 
that non-hazardous material, or even foodstuffs, could be transported 
in contact with these items or conveyances, an unacceptable health 
physics practice would result if these limits were construed to be a 
criterion for free release, i.e., for unrestricted radioactive material 
transfer. (3) Adhering to the removable contamination requirement (no 
greater than the Sec.  173.443(a) values) and the radiation level 
requirement (no greater than 0.005 mSv per hour, or 0.5 mrem per hour, 
at the surface of the vehicle) of Sec.  173.443(c) would not provide 
sufficient protection for unrestricted transfer, considering that over 
time factors such as weathering could gradually convert any fixed 
contamination to non-fixed contamination. (4) Such a practice of 
providing a free release or unrestricted transfer of radioactive 
material at these levels would be incompatible with currently generally 
accepted radiation protection practices.
    In paragraph (d), PHMSA is proposing to require placarding of 
closed transport vehicles used solely for the exclusive transportation 
by highway or rail of Class 7 (radioactive) material packages with 
contamination levels that do not exceed 10 times the package 
contamination limits prescribed in paragraph (a) of Sec.  173.443. 
PHMSA proposes to add the qualifier ``exclusive use'' to ensure that 
the exclusive use requirements described under the definition of 
``exclusive use'' in Sec.  173.403 are satisfied for these shipments.
    Also in paragraph (d), PHMSA proposes to delete the word 
``packages'' to allow this paragraph to apply to unpackaged radioactive 
material. This is also needed for consistency with similar requirements 
found in paragraphs 174.715(b) and 177.843(b).
    In summary, this proposed rulemaking would establish a policy that, 
for exclusive use Class 7

[[Page 50343]]

(radioactive) transport required because of specific contamination 
issues, the return to service criteria for conveyances and associated 
items would be those described in Sec.  173.443(c), i.e., the radiation 
level at the surface of the conveyance and associated items must be no 
greater than 0.5 mrem per hour, and that the removable non-fixed 
contamination be no greater than the package limits in Sec.  
173.443(a). This ``return to service'' means only that the conveyance 
and associated equipment may then be used for another exclusive use 
shipment of radioactive materials using one of the three scenarios 
described above (but not for other exclusive use or non-exclusive use 
shipments, or for transporting non-hazardous materials). An exception 
would continue to be allowed for the inside surfaces of containers and 
conveyances dedicated to the transport of unpackaged LSA-I or SCO-I, or 
a closed transport vehicle, under continued exclusive use, in 
accordance with Sec.  173.443(d).
    If exclusive use transport has been completed, the consignee, who 
may then become a consignor offering the conveyance or items for 
transport, would need to determine if the consignment meets the HMR 
definition of radioactive material. If it does, the onward shipment 
would need to be transported in accordance with the HMR. If the 
consignment meets the Class 7 exempt criteria, or the shipper further 
decontaminates it until it does, then the consignment would not be 
regulated in transport as Class 7 (radioactive) material. However, 
ultimately, the HMR do not regulate the transfer of radioactive 
substances. Whether the consignor transfers the radioactive substances 
to a licensed or non-licensed entity (transported either under the HMR 
or not, based on the HMR definition of radioactive material) is 
dependent on the definitions and requirements for the transfer of the 
radioactive substance in their license agreement or other applicable 
regulations, without regard to the HMR radioactive material definition.
    In paragraph (e), PHMSA is proposing to add required actions for 
leaking or suspect Class 7 (radioactive) packages or unpackaged 
material, which includes immediate actions and assessments, protective 
requirements, recovery techniques, and prerequisites for continued 
transport.
Section 173.453
    In 173.453(d) PHMSA is proposing to insert a phrase that would 
allow a fissile material exception for uranium enriched in uranium-235 
to a maximum of 1 percent by weight under the conditions stated there 
only if the material in question is essentially homogeneous. The NRC 
explains that prior to the DOT and NRC 2004 rulemakings, paragraph 10 
CFR 71.53(b) stated that uranium enriched up to 1% was exempt (fissile 
excepted) ``provided that the fissile material is distributed 
homogeneously throughout the package contents and does not form a 
lattice arrangement within the package.'' The homogeneity and lattice 
arrangement language was eliminated and replaced with a restriction on 
special moderators when this exemption was revised in 2004 to its 
current form in 10 CFR 71.15(d) (based on recommendation from Oak Ridge 
National Laboratory in NUREG/CR-5342 ``Assessment and Recommendations 
for Fissile-Material Packaging Exemptions and General Licenses Within 
10 CFR part 71''). In the absence of special moderators, such low 
enriched uranium systems can only become critical if configured into a 
very large, heterogeneous, water-moderated lattice. Subsequent to 
removing the requirement, the NRC was contacted by the U.S. Department 
of Energy (DOE) who indicated that it had a forthcoming shipment of 
slightly enriched uranium--just under 1% by weight--in the form of a 
large, heterogeneous lattice, which could not be shown to be 
subcritical in the presence of fresh water. This particular shipment 
was modified to reduce the amount of material per conveyance to a 
safely-subcritical mass, but resulted in the [NRC] staff revisiting 
this particular fissile material exemption. Further shipments of low-
enriched uranium in a sufficiently-large heterogeneous lattice that 
would not be demonstrably sub-critical are considered to be very 
unlikely and it is believed that the DOE is likely to be the only 
shipper that may have such a shipment.
Section 173.465
    Section 173.465 sets forth the requirements for Type A packaging 
tests. In paragraph (a), PHMSA propose to add a statement indicating 
when a test for a Type A package is deemed to be successful; this 
statement is currently found in Sec.  173.412(j), but including it with 
the description of the test methods aids the reader and gives this 
section a more logical coherence. In Sec.  173.465(d)(i), PHMSA is 
proposing to adopt the revised TS-R-1 language to clarify that the 
stacking test should use five times the maximum weight of the loaded 
package.
Section 173.466
    Section 173.466 specifies additional tests for Type A packagings 
designed for liquids and gases. In paragraph (a), PHMSA proposes to add 
a statement indicating when a test for a Type A package designed for 
liquids or gases is deemed to be successful; this statement is 
currently found in Sec.  173.412(k), but including it with the 
description of the test methods aids the reader and gives this section 
a more logical coherence.
Section 173.469
    Section 173.469 specifies tests for special form Class 7 
(radioactive) materials. In paragraph (b)(2)(ii), PHMSA is proposing to 
replace the word ``edges'' with the word ``edge'' since this refers to 
the edge of a flat circular surface.
    In paragraph (b)(2)(iii), PHMSA is proposing to revise the 
thickness requirement for the lead sheet used for the percussion test 
to be not more than 25 mm (1 inch) in thickness, which is consistent 
with the requirement in TS-R-1.
    Presently paragraph (d)(1) allows the use of Class 4 impact test 
prescribed in ISO 2919, ``Sealed Radioactive Sources--Classification'' 
as an alternative to the impact test and percussion test of Sec.  
173.469 if the mass of the special form material is less than 200 g. 
PHMSA is proposing to add another alternative that was added to TS-R-1. 
This would allow the use of the ISO 2919 Class 5 impact test as an 
alternative to the impact and percussion test if the mass of the 
special form material is less than 500 g.
    As mentioned in the discussion of the listing in Sec.  171.7 of a 
newer revision of ISO 2919, because some details of the heat test have 
changed, PHMSA proposes to add a grandfather provision in a new 
paragraph (e) in Sec.  173.469 indicating that sources subjected to the 
ISO 2919 heat test before the effective date of the final rule to 
demonstrate that they are a special form that would not have to be 
retested.
Section 173.473
    Section 173.473 specifies requirements for foreign-made packages. 
PHMSA is proposing to revise Sec.  173.473 to update the reference to 
the most recent edition of the IAEA standards for transportation of 
radioactive materials, TS-R-1.
Section 173.476
    Section 173.476 specifies approval requirements for the 
transportation of Class 7 (radioactive) materials. PHMSA is proposing 
to revise paragraph (a) to extend the retention period for special

[[Page 50344]]

form documentation from one year to two years after the offerror's 
latest shipment, to coincide with the minimum retention period for 
shipping papers. In addition, PHMSA proposes to revise paragraph (d) to 
replace the reference to an obsolete proper shipping name with a 
reference to the current proper shipping name, ``Radioactive material, 
Type A package, special form, fissile.''
Section 173.477
    Section 173.477 established approval requirements of packagings 
containing greater than 0.1 kg of non-fissile or fissile-excepted 
uranium hexafluoride. In paragraph (a), PHMSA proposes to extend the 
retention period for uranium hexafluoride packaging documentation from 
one year to two years after the offerror's latest shipment, to coincide 
with the minimum retention period for shipping papers.
Section 174.715
    In Sec.  173.443(c), PHMSA proposes to eliminate the ambiguity and 
confusion concerning the phrase ``returned to service,'' for 
conveyances, overpacks, freight containers, tanks, and intermediate 
bulk containers that may have had radioactive substances deposited on 
them during certain Class 7 (radioactive) exclusive use transport 
scenarios. The changes proposed for Sec.  174.715(a) are intended to 
make this section consistent with the changes proposed in Sec.  
173.443(c).
Section 174.700
    PHMSA is proposing to remove and reserve the present paragraph (e), 
which provides special handling requirements for fissile material, 
controlled shipments. In the January 26, 2004 rulemaking (HM-230) PHMSA 
eliminated the concept of ``fissile material, controlled shipment,'' 
and removed other references to it from the HMR. Section 173.457 
provides requirements for transportation of fissile material packages 
based on the criticality safety index (CSI) which makes this paragraph 
no longer necessary.
Section 175.702
    Section 175.700(b)(2)(ii)(B) limits the CSI loaded on an aircraft 
to 100 for exclusive use, and Sec.  175.700(b)(2)(ii)(A) limits the CSI 
to 50 for non-exclusive use. This is consistent with the requirements 
and limitations in Sec.  173.457(e). However, Sec.  175.702(b) does not 
place any such limit, rather it states that if a CSI total is reached 
in a group of packages then the groups must be separated by 20 feet. 
This seems to indicate that one could have more materials with a total 
CSI greater than 50 on an aircraft for passenger and cargo, and greater 
than 100 for exclusive use cargo only. To make these two sections 
consistent PHMSA proposes to replace Sec.  175.702(b) and (c) with a 
new Sec.  175.702(b) containing an introductory phrase to indicate that 
the limitations on combined (total) criticality safety indexes found in 
Sec.  175.700(b) also apply.
Section 175.705
    Section 175.705(c) presently requires that an aircraft in which 
Class 7 (radioactive) material has been released be taken out of 
service and not be returned to service or routinely occupied until the 
aircraft is checked for radioactive contamination and it is determined 
in accordance with Sec.  173.443 of this subchapter that the dose rate 
at every accessible surface is less than 0.005 mSv per hour and there 
is no significant removable contamination. PHMSA is proposing to 
clarify that the totality of any radioactive substances remaining after 
clean-up must not meet the definition of radioactive material (as 
defined in Sec.  173.403) before returning the aircraft to service.
Section 176.715
    In Sec.  173.443(c), we are proposing to eliminate the ambiguity 
and confusion concerning the phrase ``returned to service,'' for 
conveyances, overpacks, freight containers, tanks, and intermediate 
bulk containers that may have had radioactive substances deposited on 
them during certain Class 7 (radioactive) exclusive use transport 
scenarios. The changes proposed for Sec.  176.715 are intended to make 
this section consistent with the changes proposed in Sec.  173.443(c).
Section 177.843
    In Sec.  177.843(a), PHMSA is proposing to add references to Sec.  
173.427(c) and Sec.  173.443(b). This is part of a larger proposed 
change that is intended to make this section consistent with the 
changes proposed in Sec.  173.443(c). In Sec.  173.443(c), PHMSA 
proposes to eliminate the ambiguity and confusion concerning the phrase 
``returned to service,'' for conveyances, overpacks, freight 
containers, tanks, and intermediate bulk containers that may have had 
radioactive substances deposited on them during certain Class 7 
(radioactive) exclusive use transport scenarios.
Section 178.350
    Section 178.350 sets forth the general requirements for 
Specification 7A (Type A) packaging. PHMSA proposes to revise paragraph 
(c) to clarify that a DOT Specification 7A Type A package, must satisfy 
the requirements of 178.2 as well as the marking requirements of 178.3. 
This is proposed, in part, to emphasize that a manufacturer of DOT 
Specification 7A Type A packaging, must provide the user with 
appropriate information, including closure requirements, to ensure that 
the packaging is capable of successfully passing the applicable 
performance tests.
Sections 178.358, 178.358-1 Through 178.358-6
    PHMSA is proposing to remove Sections 178.358 and 178.358-1 through 
Sec.  178.358-6 because 21PF overpacks for uranium hexafluoride 
cylinders are no longer authorized.
Sections 178.360, 178.360-1 Through 178.360-4
    PHMSA is proposing to remove Sections 178.360, and 178.360-1 
through 178.360-4 pertaining to the DOT Specification 2R inside 
containment vessel since specification 2R was only required, under 
certain conditions, to be used as the inner container for the DOT 
Specification 20WC, 21WC, 6L, and 6M packages, and authorization for 
use of these latter packages was terminated on Oct. 1, 2008.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    49 U.S.C. 5103(b) authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation, including security, 
of hazardous materials in intrastate, interstate, and foreign commerce. 
49 U.S.C. 5120(b) authorizes the Secretary of Transportation to ensure 
that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
standards adopted by international authorities. In this notice, PHMSA 
is proposing to amend the HMR to more fully align with the most recent 
IAEA revisions to TS-R-1, including requirements governing packaging, 
contamination control, hazard communication, and revisions to various 
radionuclide specific values.

[[Page 50345]]

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    Executive Orders 12866 and 13563 require 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.'' 
This notice of proposed rulemaking is not considered a significant 
regulatory action under section 3(f) of Executive Order 12866 and, 
therefore, was not reviewed by the Office of Management and Budget. The 
notice is not considered a significant rule under the Regulatory 
Policies and Procedures of the Department of Transportation (44 FR 
11034). If adopted, the changes proposed in this notice would apply to 
offerors and carriers of radioactive materials, (including distributors 
and radiopharmaceutical companies), packaging manufacturers, 
radioactive material consultants, and trainers. Potential benefits 
identified in this NPRM include enhanced safety resulting from the 
consistency of domestic and international requirements for 
transportation of radioactive materials. In addition, the proposed 
changes should permit continued access to foreign markets by domestic 
shippers of radiopharmaceuticals and other radioactive materials.
    The majority of proposals should result in cost savings and ease 
the regulatory compliance burden for shippers engaged in domestic and 
international commerce, including trans-border shipments within North 
America. The total net increase in costs to businesses in implementing 
the proposed amendments is considered to be minimal. Incremental costs 
of various proposals are expected to be offset by safety and regulatory 
efficiency benefits.
    A preliminary regulatory evaluation is available for review in the 
public docket for this rulemaking. For a number of proposals, numerical 
data needed to derive accurate cost and benefit estimates was either 
incomplete, difficult to obtain, or non-existent. Therefore, PHMSA used 
professional judgment to estimate the incremental costs and benefits of 
certain proposals, and in some cases, PHMSA used a numerical range to 
account for uncertainty. 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

    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 a substantial, direct effect 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. A rule has implications for Federalism 
under Executive Order 13132, Federalism, if it has a substantial direct 
effect on state or local governments and would either preempt state law 
or impose a substantial direct cost of compliance on them. PHMSA does 
not believe the changes proposed in this NPRM would have any 
substantial direct effect on state or local governments, but we invite 
states and local governments to comment on the effect that the adoption 
of this rule may have on state or local safety or environmental 
protection programs.

D. Executive Order 13175

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13175 
(``Consultation and Coordination with Indian Tribal Governments''). 
Because this proposed rule does not significantly or uniquely affect 
the communities of the Indian Tribal governments and does not impose 
substantial direct compliance costs, the funding and consultation 
requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities, 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. PHMSA 
believes the changes proposed in this NPRM would facilitate the 
transportation of radioactive materials in international commerce by 
providing consistency with international transportation standards. The 
majority of amendments proposed in this notice should result in cost 
savings and ease the regulatory compliance burden for shippers engaged 
in domestic and international commerce, including trans-border 
shipments within North America.
    Many companies should realize economic benefits as a result of 
these amendments. Additionally, the effects of the proposals in this 
notice will relieve U.S. companies, including small entities competing 
in foreign markets, from the burden of complying with a dual system of 
regulations. Therefore, PHMSA certifies that the amendments proposed in 
this notice would not have a significant economic impact on a 
substantial number of small entities. PHMSA invites interested parties 
to comment on this preliminary determination.
    This notice has been developed in accordance with Executive Order 
13272 (``Proper Consideration of Small Entities in Agency Rulemaking'') 
and 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.

F. Paperwork Reduction Act

    PHMSA currently has approved information collections under Office 
of Management and Budget (OMB) Control Number 2137-0034, ``Hazardous 
Materials Shipping Papers and Emergency Response Information,'' and OMB 
Control Number 2137-0510, ``Radioactive Materials Transportation 
Requirements.'' Specifically, this NPRM may result in:


--A decrease in the annual information collection burden of OMB Control 
Number 2137-0034 due to reductions in the shipping paper requirements 
for excepted quantities of RAM shipments. These reductions in burden 
include not requiring the mass of these shipments on the shipping 
papers for air shipments in 172.202(a)(6), the additional description 
in 172.203(d) for RAM shipments, and not requiring the shippers 
certification statement for RAM shipments in 172.204(c)(4); and
--An increase in the annual information collection burden of OMB 
Control Number 2137-0510 due to an increase in the duration of a record 
keeping requirement in 173.411(c) and 173.415(a), a demonstration of 
compliance with test authorized in 173.415(a)(1) and (a)(2).

    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
that PHMSA provide interested members of the public and affected 
agencies an opportunity to comment on information and recordkeeping 
requests. This notice identifies revised information collection 
requests that PHMSA will submit to OMB for approval based on the 
requirements proposed in this NPRM.

[[Page 50346]]

PHMSA has developed burden estimates to reflect changes in this NPRM, 
and estimates the information collection and recordkeeping burden as 
proposed in this NPRM to be as follows:

OMB Control Number 2137-0034

    Annual Decrease in Number of Respondents: 10,000.
    Annual Decrease in Annual Number of Responses: 100,000.
    Annual Decrease in Annual Burden Hours: 138.
    Annual Decrease in Annual Burden Costs: $5,520.

OMB Control Number 2137-0510

    Annual Increase in Number of Respondents: 3.
    Annual Increase in Annual Number of Responses: 3.
    Annual Increase in Annual Burden Hours: 53.
    Annual Increase in Annual Burden Costs: $22,000.
    PHMSA specifically requests comments on these information 
collections and the recordkeeping burden associated with developing, 
implementing, and maintaining these requirements for approval under 
this proposed rule.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive your comments 
prior to the close of the comment period identified in the DATES 
section of this rulemaking. Under the Paperwork Reduction Act of 1995, 
no person is required to respond to an information collection unless it 
displays a valid OMB control number. If these proposed requirements are 
adopted in a final rule with any revisions, PHMSA will resubmit any 
revised information collection and recordkeeping requirements to the 
OMB for reapproval.
    Please direct your requests for a copy of this proposed revised 
information collection to Steven Andrews or T. Glenn Foster, Office of 
Hazardous Materials Standards (PHH-12), Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue, SE., 2nd 
Floor, Washington, DC 20590-0001.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates, under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more to either state, local, or Tribal governments, 
in the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires that Federal agencies analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. In accordance with the Council on Environmental Quality 
(CEQ) regulations, Federal agencies must conduct an environmental 
review considering (1) The need for the proposed action; (2) 
alternatives to the proposed action; (3) probable environmental impacts 
of the proposed action and alternatives; and (4) the agencies and 
persons consulted during the consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
    PHMSA is proposing to amend requirements in the Hazardous Materials 
Regulations (HMR) pertaining to the transportation of Class 7 
(radioactive) materials based on recent changes contained in the 
International Atomic Energy Agency (IAEA) publication, entitled 
``Regulations for the Safe Transport of Radioactive Material, 2009 
Edition, IAEA Safety Standards Series No. TS-R-1,'' and additional 
miscellaneous amendments based on PHMSA's own initiative. The 
amendments are intended to update, clarify, or provide relief from 
certain existing regulatory requirements to promote safer 
transportation practices; eliminate unnecessary regulatory 
requirements; facilitate international commerce; and make these 
requirements easier to understand.
2. Alternatives
    In developing this proposed rule, PHMSA considered three 
alternatives:
    1. Do nothing.
    2. Adopt the international standards in their entirety.
    3. Adopt IAEA regulations and DOT/NRC based changes that enhance 
safety and decrease regulatory compliance obstacles.
    Alternative 3 is PHMSA's recommended alternative, because it is the 
only alternative that addresses, in all respects, the purpose of this 
regulatory action to facilitate the safe and efficient transportation 
of hazardous materials in international commerce. PHMSA rejected 
Alternative 1 because it would not facilitate uniformity, compliance, 
commerce and safety in the transportation of hazardous materials. PHMSA 
rejected Alternative 2 because PHMSA believes that, in some instances, 
more stringent regulations are necessary to enhance transportation 
safety, and in other instances less stringent regulations are 
appropriate to reduce economic burden. In addition, PHMSA and the NRC 
have identified domestic-only changes that would increase safety, 
reduce costs, and improve compliance.
3. Analysis of Environmental Impacts
    Hazardous materials are transported by aircraft, vessel, rail, and 
highway. The potential for environmental damage or contamination exists 
when packages of Class 7 (radioactive) material are involved in 
accidents or en route incidents resulting from cargo shifts, valve 
failures, package failures, or loading, unloading, or handling 
problems. The ecosystems that could be affected by a release include 
air, water, soil, and ecological resources (for example, wildlife 
habitats). The adverse environmental impacts associated with releases 
of most hazardous materials are short-term impacts that can be greatly 
reduced or eliminated through prompt clean up of the accident scene. 
Most Class 7 (radioactive) materials are not transported in quantities 
sufficient to cause significant, long-term environmental damage if they 
are released, and those that have the potential to significantly impact 
human life or the environment must meet strict packaging and handling 
standards to ensure that even under accident conditions the hazardous 
material would not be released into the environment.
    The hazardous material regulatory system is a risk management 
system that is prevention-oriented and focused on identifying a hazard 
and reducing the probability and quantity of a hazardous material 
release. Making the regulatory provisions in the HMR clearer and more 
consistent with international standards will promote compliance and 
facilitate efficient transportation, thereby enhancing the safe 
transportation of hazardous materials and the protection of the 
environment. Relaxing certain regulatory requirements is based on 
PHMSA's experience, review, and conclusion that the changes are safe. 
PHMSA certifies that the amendments proposed in this notice will not 
have a significant impact on the environment. PHMSA invites comments 
from

[[Page 50347]]

interested parties on the accuracy of this preliminary determination.
4. Agency Consultation and Public Participation
    PHMSA, in consultation with the NRC, certifies that the amendments 
proposed in this notice will not have a significant impact on the 
environment. PHMSA invites comments from interested parties on the 
accuracy of this preliminary determination.

J. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or you 
may visit http://www.dot.gov/privacy.html.

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. For purposes of these requirements, Federal agencies 
may participate in the establishment of international standards, 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 PHMSA has assessed the effects of the proposed rule to ensure that 
it does not exclude imports that meet this objective. Accordingly, this 
rulemaking is consistent with PHMSA's obligations under the Trade 
Agreement Act, as amended.

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, 
Incorporation by reference, 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, Uranium.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Incorporation by 
reference, Radioactive materials, Reporting and recordkeeping 
requirements.

49 CFR Part 176

    Hazardous materials transportation, Incorporation by reference, 
Maritime carriers, Radioactive materials, Reporting and recordkeeping 
requirements.

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, 49 CFR chapter I is proposed to 
be amended 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; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.

    2. In Sec.  171.7, the table in paragraph (a)(3) is amended as 
follows:
    a. Under the entry ``International Atomic Energy Agency (IAEA),'' 
the entry ``IAEA Regulations for the Safe Transport of Radioactive 
Material, (IAEA Regulations), 1996 Edition (Revised), No. TS-R-1 (ST-1, 
Revised)'' is revised; and
    b. Under the entry ``International Organization for 
Standardization,'' the entry ``ISO 2919-1980(E) Sealed radioactive 
sources--classification'' is revised.


Sec.  171.7  Reference material.

    (a) * * *
    (3) * * *

 
----------------------------------------------------------------------------------------------------------------
        Source and name of material                                    49 CFR reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
International Atomic Energy Agency (IAEA),
 P.O. Box 100, Wagramer Strasse 5, A-1400
 Vienna, Austria:
 
                                                  * * * * * * *
IAEA Safety Standards, Regulations for the   171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.473.
 Safe Transport of Radioactive Material,
 2009 Edition, Safety Requirements, No. TS-
 R-1.
 
                                                  * * * * * * *
International Organization for
 Standardization, Case Postale 56, CH-1211,
 Geneve 20, Switzerland:
 
                                                  * * * * * * *
ISO 2919-1999(E) Radiation Protection--      173.469.
 Sealed radioactive sources--General
 requirements and classification.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 50348]]

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING 
REQUIREMENTS, AND SECURITY PLANS

    3. The authority citation for Part 172 continues to read as 
follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.

    4. In Sec.  172.203, paragraphs (d)(2), (d)(3), and (d)(4) are 
revised to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (d) * * *
    (2) For special form materials, the words ``special form'' must be 
included, unless the words ``special form'' already appear in the 
proper shipping name. If the material is not in special form, a 
description of the physical and chemical form of the material (generic 
chemical descriptions are permitted).
    (3) The total maximum activity of the radioactive contents 
contained in each package during transport in terms of the appropriate 
SI units (e.g., Becquerels (Bq), Terabecquerels (TBq), etc.). The 
activity may also be stated in appropriate customary units (Curies 
(Ci), milliCuries (mCi), microCuries (uCi), etc.) in parentheses 
following the SI units. Abbreviations are authorized. Except for 
plutonium-239 and plutonium-241, the weight in grams or kilograms of 
fissile radionuclides (or the mass of each fissile nuclide for mixtures 
when appropriate) may be inserted instead of activity units. For 
plutonium-239 and plutonium-241, the weight in grams of fissile 
radionuclides (or the mass of each fissile nuclide for mixtures when 
appropriate) may be inserted in addition to the activity units.
    (4) The category of label applied to each package in the shipment. 
For example: ``RADIOACTIVE WHITE-I,'' or ``WHITE-I.''
* * * * *
    5. In Sec.  172.310, paragraph (b) is revised to read as follows:


Sec.  172.310  Class 7 (radioactive) materials.

* * * * *
    (b) Each industrial, Type B(U), or Type B(M) package must be 
legibly and durably marked on the outside of the packaging, in letters 
at least 13 mm (0.5 in) high, with the words ``TYPE IP-1,'' ``TYPE IP-
2,'' ``TYPE IP-3,'' ``TYPE B(U)'' or ``TYPE B(M),'' as appropriate. 
Each Type A package must be marked in accordance with Sec.  178.350. 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.
* * * * *
    6. In Sec.  172.402, paragraph (d)(1) is revised to read as 
follows:


Sec.  172.402  Additional labeling requirements.

* * * * *
    (d) * * *
    (1) A subsidiary label is not required for a package containing 
material that satisfies all of the criteria in Sec.  173.4, Sec.  
173.4a, or Sec.  173.4b applicable to the subsidiary hazard class.
* * * * *
    7. In Sec.  172.403, paragraphs (d) and (g)(2) are revised to read 
as follows:


Sec.  172.403  Class 7 (radioactive) material.

* * * * *
    (d) EMPTY label. See Sec.  173.428(e) and of this subchapter for 
EMPTY labeling requirements.
* * * * *
    (g) * * *
    (2) Activity. The total maximum activity of the radioactive 
contents in the package during transport must be expressed in 
appropriate SI units (e.g., Becquerels (Bq), Terabecquerels (TBq), 
etc.). The activity may also be stated in appropriate customary units 
(Curies (Ci), milliCuries (mCi), microCuries (uCi), etc.) in 
parentheses following the SI units. Abbreviations are authorized. 
Except for plutonium-239 and plutonium-241, the weight in grams or 
kilograms of fissile radionuclides (or the mass of each fissile nuclide 
for mixtures when appropriate) may be inserted instead of activity 
units. For plutonium-239 and plutonium-241, the weight in grams of 
fissile radionuclides (or the mass of each fissile nuclide for mixtures 
when appropriate) may be inserted in addition to the activity units.
* * * * *
    8. In Sec.  172.504, in paragraph (e), Table 1 is revised to read 
as follows:


Sec.  172.504  General placarding requirements.

* * * * *
    (e) * * *

                                 Table 1
------------------------------------------------------------------------
   Category of material (hazard                          Placard design
   class or division number and                              section
    additional description, as         Placard name      reference (Sec.
           appropriate)                                         )
------------------------------------------------------------------------
1.1..............................  EXPLOSIVES 1.1.....           172.522
1.2..............................  EXPLOSIVES 1.2.....           172.522
1.3..............................  EXPLOSIVES 1.3.....           172.522
2.3..............................  POISON GAS.........           172.540
4.3..............................  DANGEROUS WHEN WET.           172.548
5.2 (Organic peroxide, Type B,     ORGANIC PEROXIDE...           172.552
 liquid or solid, temperature
 controlled).
6.1 (Material poisonous by         POISON INHALATION             172.555
 inhalation (see Sec.   171.8 of    HAZARD.
 this subchapter)).
7 (Radioactive Yellow III or       RADIOACTIVE \1\....           172.556
 Fissile labels only).
------------------------------------------------------------------------
\1\ RADIOACTIVE placard also required for all shipments of unpackaged
  LSA-I material or SCO-I, all conveyances required by Sec.  Sec.
  173.427 and 173.441 of this subchapter to be operated under exclusive
  use, and all closed vehicles used in accordance with Sec.
  173.443(d).

* * * * *
    9. In Sec.  172.505, paragraph (b) is revised to read as follows:


Sec.  172.505  Placarding for subsidiary hazards.

* * * * *
    (b) In addition to the RADIOACTIVE placard which may be required by 
Sec.  172.504(e) of this subpart, each transport vehicle, portable tank 
or freight container that contains 454 kg (1001 pounds) or more gross 
weight of non-fissile, fissile-excepted, or fissile uranium 
hexafluoride must be placarded with a CORROSIVE placard on each side 
and each end.
* * * * *

[[Page 50349]]

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    10. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

    11. In Sec.  173.4, paragraphs (a)(1)(iv) and (b) are revised to 
read as follows:


Sec.  173.4  Small quantity exceptions.

    (a) * * *
    (1) * * *
    (iv) An activity level not exceeding that specified in Sec.  
173.421, Sec.  173.424, or Sec.  173.426, as appropriate, for a package 
containing a Class 7 (radioactive) material.
* * * * *
    (b) A package containing a Class 7 (radioactive) material must also 
conform to the requirements of Sec.  173.421, Sec.  173.424, or Sec.  
173.426.
* * * * *
    12. In Sec.  173.25, paragraph (a)(4) is revised to read as 
follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (4) The overpack is marked with the word ``OVERPACK'' when 
specification packagings are required, or for Class 7 (radioactive) 
material when a Type A, Type B(U), Type B(M) or industrial (Type IP-1, 
-2, or -3) package is required. The ``OVERPACK'' marking is not 
required when the required markings representative of each package type 
contained in the overpack are visible from the outside of the overpack.
* * * * *
    13. In Sec.  173.401, paragraph (b)(4) is revised and a new 
paragraph (b)(5) is added to read as follows:


Sec.  173.401  Scope.

* * * * *
    (b) * * *
    (4) Natural material and ores containing naturally occurring 
radionuclides which are either in their natural state, or which have 
only been processed for purposes other than for extraction of the 
radionuclides, and which are not intended to be processed for the use 
of these radionuclides, 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.
    (5) Non-radioactive solid objects with radioactive substances 
present on any surfaces in quantities not exceeding the threshold 
limits set forth in the definition of contamination in Sec.  173.403.
    14. In 173.403, the definitions for ``Contamination,'' 
``Criticality Safety Index (CSI),'' ``Fissile material,'' ``Low 
Specific Activity (LSA) material,'' paragraph (2) of the definition 
``Package,'' ``Radiation level,'' and ``Uranium'' are revised to read 
as follows:


Sec.  173.403  Definitions.

* * * * *
    Contamination means the presence of a radioactive substance on a 
surface in quantities in excess of 0.4 Bq/cm\2\ for beta and gamma 
emitters and low toxicity alpha emitters or 0.04 Bq/cm\2\ for all other 
alpha emitters. There are two categories of contamination:
    (1) Fixed contamination means contamination that cannot be removed 
from a surface during normal conditions of transport.
    (2) Non-fixed contamination means contamination that can be removed 
from a surface during normal conditions of transport.
* * * * *
    Criticality Safety Index (CSI) means a number (rounded up to the 
next tenth) which is used to provide control over the accumulation of 
packages, overpacks or freight containers containing fissile material. 
The CSI for packages containing fissile material is determined in 
accordance with the instructions provided in 10 CFR 71.22, 71.23, and 
71.59. The CSI for an overpack, freight container, consignment or 
conveyance containing fissile material packages is the arithmetic sum 
of the criticality safety indices of all the fissile material packages 
contained within the overpack, freight container, consignment or 
conveyance.
* * * * *
    Fissile material means plutonium-239, plutonium-241, uranium-233, 
uranium-235, or any combination of these radionuclides. Fissile 
material means the fissile nuclides themselves, not material containing 
fissile nuclides. Unirradiated natural uranium and depleted uranium and 
natural uranium or depleted uranium, that has been irradiated in 
thermal reactors only, are not included in this definition. Certain 
exceptions for fissile materials are provided in Sec.  173.453.
* * * * *
    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), excluding powders, that meet the requirements of Sec.  
173.468 and 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.);
    (ii) The radioactive material is relatively insoluble, or it is 
intrinsically contained in a relatively insoluble material, so that, 
even under loss of packaging, the loss of Class 7 (radioactive) 
material per package by leaching when placed in water for seven days 
would not exceed 0.1 A2; and
    (iii) The estimated average specific activity of the solid, 
excluding any shielding material, does not exceed 2 x 10-3 
A2/g.
* * * * *
    Package * * *
    (2) ``Industrial package'' means a packaging together that, 
together with its low specific activity (LSA) material or surface 
contaminated object (SCO) contents, meets the requirements of 
Sec. Sec.  173.410 and 173.411. Industrial

[[Page 50350]]

packages are categorized in Sec.  173.411 as either
    (i) ``Industrial package Type 1 (Type IP-1)'';
    (ii) ``Industrial package Type 2 (Type IP-2)''; or
    (iii) ``Industrial package Type 3 (Type IP-3)''.
* * * * *
    Radiation level means the radiation dose-equivalent rate expressed 
in millisieverts per hour or mSv/h (millirem per hour or mrem/h). It 
consists of the sum of the dose-equivalent rates from all types of 
ionizing radiation present including alpha, beta, gamma, and neutron 
radiation. Neutron flux densities may be used to determine neutron 
radiation levels according to Table 1:

    Table 1--Neutron Fluence Rates To Be Regarded as Equivalent to a
               Radiation Level of 0.01 mSv/h (1mrem/h) \1\
------------------------------------------------------------------------
                                                           Flux density
                                                           equivalent to
                                                           0.01 mSv/h (1
                                                              mrem/h)
                    Energy of neutron                      neutrons per
                                                              square
                                                          centimeter per
                                                           second (n/cm
                                                            \2\/s) \1\
------------------------------------------------------------------------
Thermal (2.5 10E-8) MeV.................................           272.0
1 keV...................................................           272.0
10 keV..................................................           281.0
100 keV.................................................            47.0
500 keV.................................................            11.0
1 MeV...................................................             7.5
5 MeV...................................................             6.4
10 MeV..................................................             6.7
------------------------------------------------------------------------
\1\ Flux densities equivalent for energies between those listed in this
  table may be obtained by linear interpolation.

* * * * *
    Uranium--natural, depleted or enriched means the following:
    (1)(i) ``Natural uranium'' means uranium (which may be chemically 
separated) containing the naturally occurring distribution of uranium 
isotopes (approximately 99.28% uranium-238 and 0.72% uranium-235 by 
mass).
    (ii) ``Depleted uranium'' means uranium containing a lesser mass 
percentage of uranium-235 than in natural uranium.
    (iii) ``Enriched uranium'' means uranium containing a greater mass 
percentage of uranium-235 than 0.72%.
    (2) For each of these definitions, a very small mass percentage of 
uranium-234 may be present.
* * * * *
    15. In Sec.  173.410, paragraph (i)(3) is revised to read as 
follows:


Sec.  173.410  General design requirements.

* * * * *
    (i) * * *
    (3) Packages containing liquid contents must be capable of 
withstanding, without leakage, an internal pressure which produces a 
pressure differential of not less than the maximum normal operating 
pressure plus 95 kPa (13.8 psi).
    16. Section 173.411 is revised to read as follows:


Sec.  173.411  Industrial packages.

    (a) General. Each industrial package must comply with the 
requirements of this section which specifies package tests, and record 
retention applicable to Industrial Package Type 1 (Type IP-1), 
Industrial Package Type 2 (Type IP-2), and Industrial Package Type 3 
(Type IP-3).
    (b) Industrial package certification and tests. (1) Each Type IP-1 
package must meet the general design requirements prescribed in Sec.  
173.410.
    (2) Each Type IP-2 package must meet the general design 
requirements prescribed in Sec.  173.410 and when subjected to the 
tests specified in Sec.  173.465(c) and (d) or evaluated against these 
tests by any of the methods authorized by Sec.  173.461(a), must 
prevent:
    (i) Loss or dispersal of the radioactive contents; and
    (ii) More than a 20% increase in the maximum radiation level 
recorded or calculated at any external surface of the package.
    (3) Each Type IP-3 package must meet the requirements for Type IP-1 
and Type IP-2 packages, and must meet the requirements specified in 
Sec.  173.412(a) through (j).
    (4) Portable tanks may be used as Type IP-2 or Type IP-3 packages 
provided that:
    (i) They satisfy the requirements for Type IP-1 packages specified 
in paragraph (b)(1);
    (ii) They are designed to satisfy the requirements prescribed in 
Chapter 6.7 of the United Nations Recommendations on the Transport of 
Dangerous Goods, (IBR, see Sec.  171.7 of this subchapter), 
``Requirements for the Design, Construction, Inspection and Testing of 
Portable Tanks and Multiple-Element Gas Containers (MEGCs),'' or other 
requirements at least equivalent to those standards;
    (iii) They are capable of withstanding a test pressure of 265 kPa 
(37.1 psig); and
    (iv) They are designed so that any additional shielding which is 
provided must be capable of withstanding the static and dynamic 
stresses resulting from handling and routine conditions of transport 
and of preventing more than a 20% increase in the maximum radiation 
level at any external surface of the portable tanks.
    (5) Cargo tanks and tank cars may be used as Type IP-2 or Type IP-3 
packages for transporting LSA-I and LSA-II liquids and gases as 
prescribed in Table 6 of Sec.  173.427, provided that:
    (i) They satisfy the requirements for Type IP-1 packages specified 
in paragraph (b)(1) of this section;
    (ii) They are capable of withstanding a test pressure of 265 kPa 
(37.1 psig); and
    (iii) They are designed so that any additional shielding which is 
provided must be capable of withstanding the static and dynamic 
stresses resulting from handling and routine conditions of transport 
and of preventing more than a 20% increase in the maximum radiation 
level at any external surface of the tanks.
    (6) Freight containers may be used as Type IP-2 or Type IP-3 
packages provided:
    (i) The radioactive contents are restricted to solid materials;
    (ii) They satisfy the requirements for Type IP-1 packages specified 
in paragraph (b)(1) of this section; and
    (iii) They are designed to conform to the standards prescribed in 
the International Organization for Standardization document ISO 1496-1: 
``Series 1 Freight Containers--Specifications and Testing--Part 1: 
General Cargo Containers; excluding dimensions and ratings (IBR, see 
Sec.  171.7 of this subchapter). They must be designed such that if 
subjected to the tests prescribed in that document and the 
accelerations occurring during routine conditions of transport they 
would prevent:
    (A) Loss or dispersal of the radioactive contents; and
    (B) More than a 20% increase in the maximum radiation level at any 
external surface of the freight containers.
    (7) Metal intermediate bulk containers may be used as Type IP-2 or 
Type IP-3 packages, provided:
    (i) They satisfy the requirements for Type IP-1 packages specified 
in paragraph (b)(1) of this section; and
    (ii) They are designed to satisfy the requirements prescribed in 
Chapter 6.5 of the United Nations Recommendations on the Transport of 
Dangerous Goods, (IBR, see Sec.  171.7 of this subchapter), 
``Requirements for the Construction and Testing of Intermediate Bulk 
Containers,'' for Packing Group I or II, and if they were subjected to 
the tests prescribed in that document, but with the drop test conducted 
in the most

[[Page 50351]]

damaging orientation, they would prevent:
    (A) Loss or dispersal of the radioactive contents; and
    (B) More than a 20% increase in the maximum radiation level at any 
external surface of the intermediate bulk container.
    (c) Except for Type IP-1 packages, each offeror of an industrial 
package must maintain on file for at least two years after the 
offerror's latest shipment, and must provide to the Associate 
Administrator on request, complete documentation of tests and an 
engineering evaluation or comparative data showing that the 
construction methods, package design, and materials of construction 
comply with that specification.
    17. In Sec.  173.412, paragraphs (f), (j)(2), and (k)(3)(ii) are 
revised to read as follows:


Sec.  173.412  Additional design requirements for Type A packages.

* * * * *
    (f) The containment system will retain its radioactive contents 
under the reduction of ambient pressure to 60 kPa (8.7 psi).
* * * * *
    (j) * * *
    (2) More than a 20% increase in the maximum radiation level at any 
external surface of the package.
    (k) * * *
    (3) * * *
    (ii) Have a containment system composed of primary inner and 
secondary outer containment components designed to enclose the liquid 
contents completely and ensure retention of the liquid within the 
secondary outer component in the event that the primary inner component 
leaks.
* * * * *
    18. In Sec.  173.415, paragraph (a) is revised to read as follows:


Sec.  173.415  Authorized Type A packages.

    (a) DOT Specification 7A (see Sec.  178.350 of this subchapter) 
Type A general packaging. Each offeror of a Specification 7A package 
must maintain on file for at least two years after the offerror's 
latest shipment, and must provide to DOT on request, an engineering 
drawing and description of the package showing materials of 
construction, dimensions, weight, closure and closure materials 
(including gaskets, tape, etc.) of each item of the containment system, 
shielding and packing materials used in normal transportation, and
    (1) If the packaging is subjected to the physical tests of Sec.  
173.465-Sec.  173.466, complete documentation of testing, including 
date, place of test, signature of testers, a detailed description of 
each test performed including equipment used, and the damage to each 
item of the containment system resulting from the test, or
    (2) 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 7A Type A specification package.
* * * * *
    19. In Sec.  173.416, paragraph (c) is revised to read as follows:


Sec.  173.416  Authorized Type B packages.

* * * * *
    (c) A domestic shipment of a package conducted under a special 
package authorization granted by the U.S. Nuclear Regulatory Commission 
in accordance with 10 CFR 71.41(d) provided it is offered for 
transportation in accordance with the requirements in Sec.  173.471(b) 
and (c).
    20. In Sec.  173.417, paragraphs (a)(3) introductory text, (b)(3) 
introductory text, Table 3 in paragraph (b)(3)(ii), and (c) are revised 
to read as follows:


Sec.  173.417  Authorized fissile materials packages.

    (a) * * *
    (3) DOT Specification 20PF-1, 20PF-2, or 20PF-3 (see Sec.  178.356 
of this subchapter) phenolic-foam insulated overpack with snug fittings 
inner metal cylinders, meeting all requirements of Sec. Sec.  173.24, 
173.410, 173.412, and 173.420 and the following:
* * * * *
    (b) * * *
    (3) DOT Specifications 20PF-1, 20PF-2, or 20PF-3 (see Sec.  178.356 
of this subchapter) phenolic-foam insulated overpack with snug fitting 
inner metal cylinders, meeting all requirements of Sec. Sec.  173.24, 
173.410, and 173.412, and the following:
* * * * *
    (ii) * * *

                             Table 3--Authorized Quantities of Uranium Hexafluoride
----------------------------------------------------------------------------------------------------------------
                                             Maximum inner      Maximum weight of   Maximum U-235
   Protective overpack specification       cylinder diameter      UF6 contents        enrichment       Minimum
                 number                 ------------------------------------------     (weight/      criticality
                                         Centimeters   Inches  Kilograms   Pounds      percent)     safety index
----------------------------------------------------------------------------------------------------------------
20PF-1.................................       12.7          5        25        55            100.0           0.1
20PF-2.................................       20.3          8       116       255             12.5           0.4
20PF-3.................................       30.5         12       209       460              5.0           1.1
----------------------------------------------------------------------------------------------------------------

     (c) A domestic shipment of a package conducted under a special 
package authorization granted by the U.S. Nuclear Regulatory Commission 
in accordance with 10 CFR 71.41(d) provided it is offered for 
transportation in accordance with the requirements in Sec.  173.471(b) 
and (c).
    21. In Sec.  173.420, paragraph (a) is revised and a new paragraph 
(e) is added to read as follows:


Sec.  173.420  Uranium hexafluoride (fissile, fissile excepted and non-
fissile).

    (a) In addition to any other applicable requirements of this 
subchapter, quantities greater than 0.1 kg of fissile, fissile excepted 
or non-fissile uranium hexafluoride must be offered for transportation 
as follows:
    (1) Before initial filling and during periodic inspection and test, 
packagings must be cleaned in accordance with American National 
Standard N14.1 (IBR, see Sec.  171.7 of this subchapter).
    (2) Packagings must be designed, fabricated, inspected, tested and 
marked in accordance with--
    (i) American National Standard N14.1 in effect at the time the 
packaging was manufactured; or
    (ii) Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter), provided the packaging--
    (A) Was manufactured on or before June 30, 1987;
    (B) Conforms to the edition of the ASME Code in effect at the time 
the packaging was manufactured;

[[Page 50352]]

    (C) Is used within its original design limitations; and
    (D) Has shell and head thicknesses that have not decreased below 
the minimum value specified in the following table:

------------------------------------------------------------------------
                                                     Minimum thickness;
                  Packaging model                   millimeters (inches)
------------------------------------------------------------------------
1S, 2S............................................          1.58 (0.062)
5A, 5B, 8A........................................          3.17 (0.125)
12A, 12B..........................................          4.76 (0.187)
30B, 30C..........................................          7.93 (0.312)
48A, F, X, and Y..................................         12.70 (0.500)
48T, O, OM, OM Allied, HX, H, and G...............          6.35 (0.250)
------------------------------------------------------------------------

     (3) Each package must be designed so that it will:
    (i) Withstand a hydraulic test at an internal pressure of at least 
1.4 MPa (200 psi) without leakage;
    (ii) Withstand the test specified in Sec.  173.465(c) without loss 
or dispersal of the uranium hexafluoride; and
    (iii) Withstand the test specified in 10 CFR 71.73(c)(4) without 
rupture of the containment system.
    (4) Uranium hexafluoride must be in solid form.
    (5) The volume of solid uranium hexafluoride, except solid depleted 
uranium hexafluoride, at 20 [deg]C (68 [deg]F) may not exceed 61% of 
the certified volumetric capacity of the packaging. The volume of solid 
depleted uranium hexafluoride at 20 [deg]C (68 [deg]F) may not exceed 
62% of the certified volumetric capacity of the packaging.
    (6) The pressure in the package at 20 [deg]C (68 [deg]F) must be 
less than 101.3 kPa (14.8 psig).
* * * * *
    (e) The proper shipping name and UN number ``Radioactive material, 
uranium hexafluoride, UN 2978'' must be used for the transportation of 
non-fissile or fissile-excepted uranium hexafluoride. The proper 
shipping name and UN number ``Radioactive material, uranium 
hexafluoride, fissile, UN 2977'' must be used for the transport of 
fissile uranium hexafluoride.
    22. Section 173.421 is revised to read as follows:


Sec.  173.421  Excepted packages for limited quantities of Class 7 
(radioactive) materials.

    A Class 7 (radioactive) material with an activity per package which 
does not exceed the limited quantity package limits specified in Table 
4 in Sec.  173.425, and its packaging, are excepted from requirements 
in this subchapter for specification packaging, marking (except for the 
UN identification number marking requirement described in Sec.  
173.422(a)), labeling, and if not a hazardous substance or hazardous 
waste, shipping papers, and the requirements of this subpart if:
    (a) Each package meets the general design requirements of Sec.  
173.410;
    (b) The radiation level at any point on the external surface of the 
package does not exceed 0.005 mSv/hour (0.5 mrem/hour);
    (c) The nonfixed (removable) radioactive surface contamination on 
the external surface of the package does not exceed the limits 
specified in Sec.  173.443(a);
    (d) The outside of the inner packaging or, if there is no inner 
packaging, the outside of the packaging itself bears the marking 
``Radioactive'';
    (e) The package does not contain fissile material unless excepted 
by Sec.  173.453.
    (f) The material is otherwise prepared for shipment as specified in 
accordance with Sec.  173.422.
    23. Section 173.422 is revised to read as follows:


Sec.  173.422  Additional requirements for excepted packages containing 
Class 7 (radioactive) materials.

    An excepted package of Class 7 (radioactive) material that is 
prepared for shipment under the provisions of Sec.  173.421, Sec.  
173.424, Sec.  173.426, or Sec.  173.428, or a small quantity of 
another hazard class (as defined in Sec.  173.4) which also meets the 
requirements of one of these sections, is not subject to any additional 
requirements of this subchapter, except for the following:
    (a) The outside of each package must be marked with the UN 
identification number for the material preceded by the letters UN, as 
shown in column (4) of the Hazardous Materials Table in Sec.  172.101, 
and for materials that meet the definition of a hazardous substance, 
with the letters ``RQ'';
    (b) Sections 171.15 and 171.16 of this subchapter, pertaining to 
the reporting of incidents;
    (c) Sections 174.750, 175.700(b), and 176.710 of this subchapter 
(depending on the mode of transportation), pertaining to the reporting 
of decontamination;
    (d) The training requirements of subpart H of part 172 of this 
subchapter; and
    (e) For materials that meet the definition of a hazardous substance 
or a hazardous waste, the shipping paper requirements of subpart C of 
part 172 of this subchapter, however such shipments are not subject to 
shipping paper requirements applicable to Class 7 (radioactive) 
materials in Sec. Sec.  172.202(a)(6), 172.203(d) and 172.204(c)(4).
    24. Section 173.427 is revised to read as follows:


Sec.  173.427  Transport requirements for low specific activity (LSA) 
Class 7 (radioactive) materials and surface contaminated objects (SCO).

    (a) In addition to other applicable requirements specified in this 
subchapter, LSA materials and SCO must be transported in accordance 
with the following conditions:
    (1) The external dose rate may not exceed an external radiation 
level of 10 mSv/h (1 rem/h) at 3 m (10 feet) from the unshielded 
material;
    (2) The quantity of LSA and SCO material transported in any single 
conveyance may not exceed the limits specified in Table 5;
    (3) LSA material and SCO that are or contain fissile material must 
conform to the applicable requirements of Sec.  173.453;
    (4) Packaged and unpackaged Class 7 (radioactive) materials must 
conform to the contamination control limits specified in Sec.  173.443;
    (5) External radiation levels may not exceed those specified in 
Sec.  173.441; and
    (6) For LSA material and SCO consigned as exclusive use:
    (i) Shipments must be loaded by the consignor and unloaded by the 
consignee from the conveyance or freight container in which originally 
loaded;
    (ii) There may be no loose radioactive material in the conveyance; 
however, when the conveyance is the packaging, there may not be any 
leakage of radioactive material from the conveyance;
    (iii) Packaged and unpackaged Class 7 (radioactive) materials must 
be braced so as to prevent shifting of lading under conditions normally 
incident to transportation;
    (iv) Specific instructions for maintenance of exclusive use 
shipment controls shall be provided by the offeror to the carrier. Such 
instructions must be included with the shipping paper information;
    (v) The shipment must be placarded in accordance with subpart F of 
part 172 of this subchapter;
    (vi) For domestic transportation only, packaged and unpackaged 
Class 7 (radioactive) materials containing less than an A2 
quantity are excepted from the marking and labeling requirements of 
this subchapter, except for subsidiary hazard labeling as required in 
172.402(d). However, the exterior of each package or unpackaged Class 7 
(radioactive) material must be stenciled or otherwise marked 
``RADIOACTIVE--LSA'' or ``RADIOACTIVE-- SCO'', as appropriate, and 
packages or unpackaged Class 7 (radioactive) materials that contain a 
hazardous

[[Page 50353]]

substance must be stenciled or otherwise marked with the letters ``RQ'' 
in association with the description in this paragraph (a)(6)(vi); and
    (vii) Transportation by aircraft is prohibited except when 
transported in an industrial package in accordance with Table 6 of this 
section, or in an authorized Type A or Type B package.
    (b) Except as provided in paragraph (c) or (d) of this section, LSA 
material and SCO must be packaged as follows:
    (1) In an industrial package (Type IP-1, Type IP-2 or Type IP-3; 
Sec.  173.411), subject to the limitations of Table 6;
    (2) In a DOT Specification 7A (Sec.  178.350 of this subchapter) 
Type A package;
    (3) In any Type B(U) or B(M) packaging authorized pursuant to Sec.  
173.416;
    (4) For domestic transportation of an exclusive use shipment that 
is less than an A2 quantity, in a packaging which meets the 
requirements of Sec. Sec.  173.24, 173.24a (non-bulk) or 173.24b (bulk) 
as appropriate, and 173.410.
    (5) In portable tanks, cargo tanks and tank cars, as provided in 
Sec. Sec.  173.411(b)(4) and (5), respectively.
    (c) LSA-I and SCO-I materials may be transported unpackaged under 
the following conditions:
    (1) All unpackaged material, other than ores containing only 
naturally occurring radionuclides, must be transported in such a manner 
that under routine conditions of transport there will be no escape of 
the radioactive contents from the conveyance nor will there be any loss 
of shielding;
    (2) Each conveyance must be under exclusive use, except when only 
transporting SCO-I on which the contamination on the accessible and the 
inaccessible surfaces is not greater than 4.0 Bq/cm\2\ for beta and 
gamma emitters and low toxicity alpha emitters and 0.4 Bq/cm\2\ for all 
other alpha emitters;
    (3) For SCO-I where it is reasonable to suspect that non-fixed 
contamination may exist on inaccessible surfaces in excess of the 
values specified in paragraph (c)(2) of this section, measures shall be 
taken to ensure that the radioactive material is not released into the 
conveyance or to the environment;
    (4) When the unpackaged LSA-I or SCO-I material is contained in 
receptacles or wrapping materials and is transported under exclusive 
use, the outer surfaces of the receptacles or wrapping materials must 
be marked ``RADIOACTIVE LSA-I'' or ``RADIOACTIVE SCO-I'' as 
appropriate; and
    (5) The highway or rail conveyance must be placarded in accordance 
with subpart F of part 172 of this subchapter.
    (d) LSA and SCO that exceed the packaging limits in this section 
must be packaged in accordance with 10 CFR part 71.
    (e) Tables 5 and 6 are as follows:

      Table 5--Conveyance Activity Limits for LSA Material and SCO
------------------------------------------------------------------------
                                   Activity limit    Activity limit for
                                  for conveyances    hold or compartment
       Nature of material          other than by        of an inland
                                  inland waterway    waterway conveyance
------------------------------------------------------------------------
1. LSA-I.......................  No limit.........  No limit.
2. LSA-II and LSA-III; Non-      No limit.........  100 A2
 combustible solids.
3. LSA-II and LSA-III;           100 A2...........  10 A2
 Combustible solids and all
 liquids and gases.
4. SCO.........................  100 A2...........  10 A2
------------------------------------------------------------------------


 Table 6--Industrial Package Integrity Requirements for LSA Material and
                                   SCO
------------------------------------------------------------------------
                                        Industrial packaging type
                                ----------------------------------------
            Contents                Exclusive use     Non exclusive use
                                      shipment             shipment
------------------------------------------------------------------------
1. LSA-I:
    Solid......................  Type IP-1.........  Type IP-1
    Liquid.....................  Type IP-1.........  Type IP-2
2. LSA-II:
    Solid......................  Type IP-2.........  Type IP-2
    Liquid and gas.............  Type IP-2.........  Type IP-3
3. LSA-III.....................  Type IP-2.........  Type IP-3
4. SCO-I.......................  Type IP-1.........  Type IP-1
5. SCO-II......................  Type IP-2.........  Type IP-2
------------------------------------------------------------------------

    25. In Sec.  173.433, paragraphs (b) introductory text, (c) 
introductory text, (c)(1), (d)(3) and (h) are revised to read as 
follows:


Sec.  173.433  Requirements for determining basic radionuclide values, 
and for the listing of radionuclides on shipping papers and labels.

* * * * *
    (b) For individual radionuclides which are not listed in the tables 
in Sec.  173.435 or Sec.  173.436 or for which no relevant data are 
available:
* * * * *
    (c) In calculating A1 and A2 values for 
approval in accordance with paragraph (b)(2) of this section:
    (1) It is permissible to use an A2 value calculated 
using a dose coefficient for the appropriate lung absorption type, as 
recommended by the International Commission on Radiological Protection, 
if the chemical forms of each radionuclide under both normal and 
accident conditions of transport are taken into consideration.
* * * * *
    (d) * * *
    (3) If the package contains both special and normal form Class 7 
(radioactive) material, the activity which may be transported in a Type 
A package must satisfy:

[[Page 50354]]

[GRAPHIC] [TIFF OMITTED] TP12AU11.000


Where:

    The symbols are defined as in paragraphs (d)(1) and (d)(2) of this 
section.
* * * * *
    (h) Tables 7 and 8 are as follows:

                                      Table 7--general values for a1 and a2
----------------------------------------------------------------------------------------------------------------
                                                                         A1                        A2
                    Radioactive contents                     ---------------------------------------------------
                                                                 (TBq)         (Ci)        (TBq)         (Ci)
----------------------------------------------------------------------------------------------------------------
1. Only beta or gamma emitting nuclides are known to be          1 x 10-1    2.7 x 100     2 x 10-2   5.4 x 10-1
 present....................................................
2. Alpha emitting nuclides, but no beta, gamma, or neutron       2 x 10-1    5.4 x 100     9 x 10-5   2.4 x 10-3
 emitters, are known to be present 1........................
3. Neutron emitting nuclides are known to be present or no       1 x 10-3   2.7 x 10-2     9 x 10-5   2.4 x 10-3
 relevant data are available................................
----------------------------------------------------------------------------------------------------------------
\1\ If beta or gamma emitting nuclides are also known to be present, the A1 value of 0.1 TBq (2.7 Ci) should be
  used.


                                        Table 8--General Exemption Values
----------------------------------------------------------------------------------------------------------------
                                                          Activity concentration for       Activity limits for
                                                                exempt material            exempt consignments
                 Radioactive contents                  ---------------------------------------------------------
                                                           (Bq/g)          (Ci/g)           (Bq)         (Ci)
----------------------------------------------------------------------------------------------------------------
1. Only beta or gamma emitting nuclides are known to        1 x 101        2.7 x 10-10      1 x 104   2.7 x 10-7
 be present...........................................
2. Alpha emitting nuclides, but no neutron emitters,       1 x 10-1        2.7 x 10-12      1 x 103   2.7 x 10-8
 are known to be present..............................
3. Neutron emitting nuclides are known to be present       1 x 10-1        2.7 x 10-12      1 x 103   2.7 x 10-8
 or no relevant data are available....................
----------------------------------------------------------------------------------------------------------------

    26. In the table in Sec.  173.435, Kr-79 is added in alphanumeric 
order, and the entries for Cf-252, Ir-192, Kr-81 and Mo-99 are revised, 
footnotes (a) and (c) are revised, footnote (h) is removed and footnote 
(i) is redesignated as paragraph (h), to 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 number    A1 (TBq)     A1 (Ci) \b\    A2 (TBq)     A2 (Ci) \b\ ---------------------------
                                                                                                                                 (TBq/g)       (Ci/g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Cf-252..................................  ..........................     1 x 10-1           2.7    3.0 x 10-3    8.1 x 10-2   2.0 x 10\1\   5.4 x 10\2\
 
                                                                      * * * * * * *
Ir-192..................................  ..........................       \c\1.0      \c\2.7 x    6.0 x 10-1   1.6 x 10\1\   3.4 x 10\2\   9.2 x 10\3\
                                                                                          10\1\
 
                                                                      * * * * * * *
Kr-79...................................  Krypton (36)..............  4.0 x 10\0\   1.1 x 10\2\   2.0 x 10\0\   5.4 x 10\1\   4.2 x 10\4\   1.1 x 10\6\
Kr-81...................................  ..........................  4.0 x 10\1\   1.1 x 10\3\   4.0 x 10\1\   1.1 x 10\3\    7.8 x 10-4    2.1 x 10-2
 
                                                                      * * * * * * *
Mo-99(a)(h).............................  ..........................          1.0   2.7 x 10\1\    6.0 x 10-1   1.6 x 10\1\   1.8 x 10\4\   4.8 x 10\5\
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ A1 and/or A2 values for these parent radionuclides include contributions from daughter nuclides with half-lives less than 10 days as listed in
  footnote (a) to Table 2 in the ``IAEA Regulations for the Safe Transport of Radioactive Material, No. TS-R-1'' (IBR, see Sec.   171.7 of this
  subchapter).
\b\ The values of A1 and A2 in curies (Ci) are approximate and for information only; the regulatory standard units are Terabecquerels (TBq), (see Sec.
  171.10).
\c\ The activity of Ir-192 in special form may be determined from a measurement of the rate of decay or a measurement of the radiation level at a
  prescribed distance from the source.
\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.
\h\ A2 = 0.74 TBq (20 Ci) for Mo-99 for domestic use.


[[Page 50355]]

    27. In Sec.  173.436, add new entry r Kr-79, and revise entries Kr-
81, Te-121m, and footnote (b) to 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      Activity      Activity
                                                        concentration  concentration    limit for     limit for
      Symbol of radionuclide        Element and atomic    for exempt     for exempt      exempt        exempt
                                          number        material (Bq/  material (Ci/   consignment   consignment
                                                              g)             g)           (Bq)          (Ci)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Kr-79............................  Krypton (36).......   1.0 x 10\3\     2.7 x 10-8   1.0 x 10\5\    2.7 x 10-6
Kr-81............................  ...................   1.0 x 10\4\     2.7 x 10-7   1.0 x 10\7\    2.7 x 10-4
 
                                                  * * * * * * *
Te-121m..........................  ...................   1.0 x 10\2\     2.7 x 10-9   1.0 x 10\6\    2.7 x 10-5
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\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, 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

* * * * *
    28. Section 173.443 is revised to read as follows:


Sec.  173.443  Contamination Control.

    (a) The level of non-fixed (removable) radioactive contamination on 
the external surfaces of each package as well as the external and 
internal surfaces of conveyances, overpacks, freight containers, tanks, 
and intermediate bulk containers offered for transport must be kept as 
low as reasonably achievable.
    (1) Excluding the internal surfaces of a conveyance, freight 
container, tank, or intermediate bulk container dedicated to the 
transport of unpackaged radioactive material in accordance with Sec.  
173.427(c) and remaining under that specific exclusive use, the level 
of non-fixed radioactive contamination may not exceed the limits set 
forth in Table 9 and must be determined by either:
    (i) Wiping an area of 300 cm\2\ of the surface concerned with an 
absorbent material, using moderate pressure, and measuring the activity 
on the wiping material. Sufficient measurements must be taken in the 
most appropriate locations to yield a representative assessment of the 
non-fixed contamination levels. The amount of radioactivity measured on 
any single wiping material, divided by the surface area wiped and 
divided by the efficiency of the wipe procedure (the fraction of 
removable contamination transferred from the surface to the absorbent 
material), may not exceed the limits set forth in Table 9 at any time 
during transport. For this purpose the actual wipe efficiency may be 
used, or the wipe efficiency may be assumed to be 0.10; or
    (ii) Alternatively, the level of non-fixed radioactive 
contamination may be determined by using other methods of equal or 
greater efficiency.
    (2) A conveyance used for non-exclusive use shipments is not 
required to be surveyed unless there is reason to suspect that it may 
exhibit contamination.

[[Page 50356]]



                    Table 9--Non-Fixed External Radioactive Contamination Limits for Packages
----------------------------------------------------------------------------------------------------------------
                                                                            Maximum permissible limits
                           Contaminant                           -----------------------------------------------
                                                                     Bq/cm\2\        uCi/cm\2\       dpm/cm\2\
----------------------------------------------------------------------------------------------------------------
1. Beta and gamma emitters and low toxicity alpha emitters......               4            10-4             240
2. All other alpha emitting radionuclides.......................             0.4            10-5              24
----------------------------------------------------------------------------------------------------------------

    (b) In the case of packages transported as exclusive use shipments 
by rail or public highway only, except as provided in paragraph (d) of 
this section, the removable (non-fixed) radioactive contamination on 
the external surface of any package, as well as on the associated 
accessible internal surfaces of any conveyance, overpack, freight 
container, tank, or intermediate bulk container, at any time during 
transport, may not exceed ten times the levels prescribed in paragraph 
(a) of this section. The levels at the beginning of transport may not 
exceed the levels prescribed in paragraph (a) of this section.
    (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), or Sec.  173.427(c) 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 removable (non-fixed) radioactive 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.
    (d) Paragraphs (b) and (c) of this section do not apply to any 
closed transport vehicle used solely for the exclusive use 
transportation by highway or rail of Class 7 (radioactive) material 
with contamination levels that do not exceed ten times the levels 
prescribed in paragraph (a) of this section if--
    (1) A survey of the interior surfaces of the empty vehicle shows 
that the radiation dose rate at any point does not exceed 0.1 mSv per 
hour (10 mrem per hour) at the surface or 0.02 mSv per hour (2 mrem per 
hour) at 1 m (3.3 feet) from the surface;
    (2) Each vehicle is stenciled with the words ``For Radioactive 
Materials Use Only'' in letters at least 76 millimeters (3 inches) high 
in a conspicuous place on both sides of the exterior of the vehicle; 
and
    (3) Each vehicle is kept closed except for loading or unloading; 
and
    (4) Each vehicle is placarded in accordance with subpart F of part 
172 of this subchapter.
    (e) If it is evident that a package of radioactive material, or 
conveyance carrying unpackaged radioactive material, is leaking, or if 
it is suspected that the package, or conveyance carrying unpackaged 
material, may have leaked, access to the package or conveyance must be 
restricted and, as soon as possible, the extent of contamination and 
the resultant radiation level of the package or conveyance must be 
assessed. The scope of the assessment must include the package, the 
conveyance, the adjacent loading and unloading areas, and, if 
necessary, all other material which has been carried in the conveyance. 
When necessary, additional steps for the protection of persons, 
property, and the environment must be taken to overcome and minimize 
the consequences of such leakage. Packages, and conveyances carrying 
unpackaged material, which are leaking radioactive contents in excess 
of limits for normal conditions of transport may be removed to an 
interim location under supervision, but must not be forwarded until 
repaired or reconditioned and decontaminated, or as approved by the 
Associate Administrator for Hazardous Material Safety.
    29. In Sec.  173.453, paragraph (d) is revised to read as follows:


Sec.  173.453  Fissile materials--exceptions.

* * * * *
    (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 material is 
essentially homogeneous, and the mass of any beryllium, graphite, and 
hydrogenous material enriched in deuterium constitutes less than 5 
percent of the uranium mass.
* * * * *
    30. In Sec.  173.465, paragraphs (a) and (d)(1) are revised to read 
as follows:


Sec.  173.465  Type A packaging tests.

    (a) The packaging, with contents, must be capable of withstanding 
the water spray, free drop, stacking and penetration tests prescribed 
in this section. One prototype may be used for all tests if the 
requirements of paragraph (b) of this section are met. The tests are 
judged to be successful if the requirements of Sec.  173.412(j) are 
met.
* * * * *
    (d) * * *
    (1) The specimen must be subjected for a period of at least 24 
hours to a compressive load equivalent to the greater of the following:
    (i) A total weight equal to five times the maximum weight of the 
package; or
    (ii) The equivalent of 13 kilopascals (1.9 psi) multiplied by the 
vertically projected area of the package.
* * * * *
    31. In Sec.  173.466, paragraph (a) introductory text is revised to 
read as follows:


Sec.  173.466  Additional tests for Type A packagings designed for 
liquids and gases.

    (a) In addition to the tests prescribed in Sec.  173.465, Type A 
packagings designed for liquids and gases must be capable of 
withstanding the following tests in this section. The tests are judged 
to be successful if the requirements of Sec.  173.412(k) are met.
* * * * *
    32. In Sec.  173.469, revise paragraphs (b)(2)(ii), (b)(2)(iii), 
(d)(1) and (d)(2), and add paragraph (e) to read as follows:


Sec.  173.469  Tests for special form Class 7 (radioactive) materials.

* * * * *
    (b) * * *
    (2) * * *
    (ii) The flat face of the billet must be 2.5 cm (1 inch) in 
diameter with the edge rounded off to a radius of 3 mm  0.3 
mm (0.12 inch  0.012 inch).
    (iii) The lead must be of hardness number 3.5 to 4.5 on the Vickers 
scale and thickness not more than 2.5 cm (1

[[Page 50357]]

inch), and must cover an area greater than that covered by the 
specimen.
* * * * *
    (d) * * *
    (1) The impact test and the percussion test of this section 
provided that the mass of the special form material is--
    (i) less than 200 g and it is alternatively subjected to the Class 
4 impact test prescribed in ISO 2919, ``Radiation Protection--Sealed 
radioactive sources--General requirements and classification'' (IBR, 
see Sec.  171.7 of this subchapter), or
    (ii) less than 500 g and it is alternatively subjected to the Class 
5 impact test prescribed in ISO 2919, ``Radiation Protection--Sealed 
radioactive sources--General requirements and classification'' (IBR, 
see Sec.  171.7 of this subchapter); and
    (2) The heat test of this section, provided the specimen is 
alternatively subjected to the Class 6 temperature test specified in 
the International Organization for Standardization document ISO 2919, 
``Radiation Protection--Sealed radioactive sources--General 
requirements and classification'' (IBR, see Sec.  171.7 of this 
subchapter).
    (e) Special form materials that were successfully tested prior to 
[EFFECTIVE DATE OF FINAL RULE] in accordance with the requirements of 
paragraph (d) of this section in effect prior to [EFFECTIVE DATE OF 
FINAL RULE] may continue to be offered for transportation and 
transported without additional testing under this section.
    33. In Sec.  173.473, paragraph (a)(1) is revised to read as 
follows:


Sec.  173.473  Requirements for foreign-made packages.

* * * * *
    (a) * * *
    (1) Have the foreign competent authority certificate revalidated by 
the U.S. Competent Authority, unless this has been done previously. 
Each request for revalidation must be in triplicate, contain all the 
information required by Section VIII of the IAEA regulations in ``IAEA 
Regulations for the Safe Transport of Radioactive Material, No. TS-R-
1'' (IBR, see Sec.  171.7 of this subchapter), and include a copy in 
English of the foreign competent authority certificate. The request and 
accompanying documentation must be sent to the Associate Administrator 
for Hazardous Materials Safety (PHH-23), Department of Transportation, 
East Building, 1200 New Jersey Avenue, SE., Washington DC 20590-0001. 
Alternatively, the request with any attached supporting documentation 
submitted in an appropriate format may be sent by facsimile (fax) to 
(202) 366-3753 or (202) 366-3650, or by electronic mail to 
ramcert@dot.gov. Each request is considered in the order in which it is 
received.
* * * * *
    34. In Sec.  173.476, paragraphs (a) and (d) are revised to read as 
follows:


Sec.  173.476  Approval of special form Class 7 (radioactive) 
materials.

    (a) Each offeror of special form Class 7 (radioactive) materials 
must maintain on file for at least two years after the offerror's 
latest shipment, and provide to the Associate Administrator on request, 
a complete safety analysis, including documentation of any tests, 
demonstrating that the special form material meets the requirements of 
Sec.  173.469. An IAEA Certificate of Competent Authority issued for 
the special form material may be used to satisfy this requirement.
* * * * *
    (d) Paragraphs (a) and (b) of this section do not apply in those 
cases where A1 equals A2 and the material is not 
required to be described on the shipping papers as ``Radioactive 
material, Type A package, special form'' or ``Radioactive material, 
Type A package, special form, fissile.''
    35. In Sec.  173.477, paragraph (a) is revised to read as follows:


Sec.  173.477  Approval of packagings containing greater than 0.1 kg of 
non-fissile or fissile-excepted uranium hexafluoride.

    (a) Each offeror of a package containing more than 0.1 kg of 
uranium hexafluoride must maintain on file for at least two years after 
the offerror's latest shipment, and provide to the Associate 
Administrator on request, a complete safety analysis, including 
documentation of any tests, demonstrating that the package meets the 
requirements of 173.420. An IAEA Certificate of Competent Authority 
issued for the design of the packaging containing greater than 0.1 kg 
of non-fissile or fissile-exempted uranium hexafluoride may be used to 
satisfy this requirement.
* * * * *

PART 174--CARRIAGE BY RAIL

    36. The authority citation for Part 174 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


Sec.  174.700(e)  [Removed and reserved]

    37. In Sec.  174.700, paragraph (e) is removed and reserved.
    38. In Sec.  174.715, paragraph (a) is revised to read as follows:


Sec.  174.715  Cleanliness of transport vehicles after use.

    (a) Each transport vehicle used for transporting Class 7 
(radioactive) materials under exclusive use conditions (as defined in 
Sec.  173.403 of this subchapter) in accordance with Sec.  
173.427(b)(4), Sec.  173.427(c), or Sec.  173.443(b), must be surveyed 
with appropriate radiation detection instruments after each use. A 
transport vehicle may not be returned to Class 7 (radioactive) 
materials exclusive use transport service, and then only for a 
subsequent exclusive use shipment utilizing the provisions of any of 
the paragraphs Sec.  173.427(b)(4), Sec.  173.427(c), or Sec.  
173.443(b), until the radiation dose rate at any accessible surface is 
0.005 mSv per hour (0.5 mrem per hour) or less, and there is no 
significant removable radioactive surface contamination, as specified 
in Sec.  173.443(a) of this subchapter.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

    39. The authority citation for Part 175 continues to read as 
follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.

    40. In Sec.  175.702, paragraph (b) is revised and paragraph (c) is 
removed to read as follows:


Sec.  175.702  Separation distance requirements for packages containing 
Class 7 (radioactive) materials in cargo aircraft.

* * * * *
    (b) In addition to the limits on combined criticality safety 
indexes stated in Sec.  175.700(b) of this subchapter,
    (1) The criticality safety index of any single group of packages 
must not exceed 50.0 (as used in this section, the term ``group of 
packages'' means packages that are separated from each other in an 
aircraft by a distance of 6 m (20 feet) or less); and
    (2) Each group of packages must be separated from every other group 
in the aircraft by not less than 6 m (20 feet), measured from the outer 
surface of each group.
    41. In Sec.  175.705, paragraph (c) is revised to read as follows:


Sec.  175.705  Radioactive Contamination.

* * * * *
    (c) An aircraft in which Class 7 (radioactive) material has been 
released must be taken out of service and may not be returned to 
service or routinely occupied until the aircraft is checked for 
radioactive substances and it is determined that any radioactive 
substances present do not meet the

[[Page 50358]]

definition of radioactive material, as defined in Sec.  173.403 of this 
subchapter.
* * * * *

PART 176--CARRIAGE BY VESSEL

    42. The authority citation for Part 176 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    43. Section 176.715 is revised to read as follows:


Sec.  176.715  Contamination control.

    Each hold, compartment, or deck area used for transporting Class 7 
(radioactive) materials under exclusive use conditions in accordance 
with Sec.  173.427(b)(4), or Sec.  173.427(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 shipment utilizing the provisions of 
Sec.  173.427(b)(4), or Sec.  173.427(c) until the radiation dose rate 
at every accessible surface is less than 0.005 mSv/h(0.5 mrem/h), and 
the removable (non-fixed) radioactive surface contamination is not 
greater than the limits prescribed in Sec.  173.443(a) of this 
subchapter.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    44. The authority citation for Part 177 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    45. In Sec.  177.843, paragraph (a) is revised to read as follows:


Sec.  177.843  Contamination of vehicles.

    (a) Each motor vehicle used for transporting Class 7 (radioactive) 
materials under exclusive use conditions in accordance with Sec.  
173.427(b)(4), Sec.  173.427(c), or Sec.  173.443(b) of this subchapter 
must be surveyed with radiation detection instruments after each use. A 
vehicle may not be returned to Class 7 (radioactive) materials 
exclusive use transport service, and then only for a subsequent 
exclusive use shipment utilizing the provisions of any of the 
paragraphs Sec.  173.427(b)(4), Sec.  173.427(c), or Sec.  173.443(b), 
until the radiation dose rate at every accessible surface is 0.005 mSv/
h (0.5 mrem/h) or less and the removable (non-fixed) radioactive 
surface contamination is not greater than the level prescribed in Sec.  
173.443(a) of this subchapter.
* * * * *

PART 178 -- SPECIFICATIONS FOR PACKAGINGS

    46. The authority citation for Part 178 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    47. In Sec.  178.350, paragraph (c) is revised to read as follows:


Sec.  178.350  Specification 7A; general packaging, Type A.

* * * * *
    (c) Each Specification 7A packaging must comply with the 
requirements of Sec. Sec.  178.2 and 178.3. In Sec.  178.3(a)(2) the 
term ``packaging manufacturer'' means the person certifying that the 
package meets all requirements of this section.


Sec. Sec.  178.358 through 178.358-6  [Removed and reserved]

    48. Remove and reserve Sec. Sec.  178.358 through 178.358-6.


Sec. Sec.  178.360 through 178.360-4  [Removed and reserved]

    49. Remove and reserve Sec. Sec.  178.360 through 178.360-4.

    Issued in Washington, DC on August 1, 2011 under authority 
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2011-19872 Filed 8-11-11; 8:45 am]
BILLING CODE 4910-60-P


