Hazardous Materials: Compatibility With the Regulations of the International Atomic Energy Agency (RRR)
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Final rule.
CFR Part: "49 CFR Parts 171, 172, 173, 174, 175, 176, 177 and 178"
RIN Number: "RIN 2137-AE38"
Citation: "79 FR 40590"
Document Number: "Docket No. PHMSA-2009-0063 (HM-250)"
"Rules and Regulations"
SUMMARY: PHMSA, in coordination with the
DATES: Effective date:
Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning
Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning
Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Background
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A.
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
C. Procedures D. Executive Order 13132
E. Executive Order 13175
F. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures
G. Paperwork Reduction Act
H. Regulatory Identifier Number (RIN)
I. Unfunded Mandates Reform Act
J. Environmental Assessment
K. Privacy Act
L. Executive Order 13609 and International Trade Analysis
I. Executive Summary
In this final rule, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to incorporate changes adopted in the 2009 Edition of the IAEA Safety Standards publication titled "Regulations for the
FOOTNOTE 1 A copy of the 2009 Edition of TS-R-1may be obtained from the U.S. distributors, Bernan,
The harmonization of domestic and international standards for hazardous materials transportation enhances safety by creating a uniform framework for compliance. Harmonization also facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements and avoiding hindrances to international shipments. Harmonization has become increasingly important as the volume of hazardous materials transported in international commerce grows.
Accordingly, federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant international standard-setting bodies and encourages DOT to align the HMR with international transport standards to the extent practicable, while recognizing that deviations may be appropriate, at times in the public interest (see 49 U.S.C. 5120). Under this authority, PHMSA actively participates in relevant international standard-setting bodies and promotes the adoption of standards consistent with the high safety standards set by the HMR. PHMSA's continued leadership in maintaining consistency with international regulations and enhances the hazardous materials safety program.
II. Background
Under their respective statutory authorities, DOT and the NRC jointly regulate the transportation of radioactive materials to, from, and within
1. DOT 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/
FOOTNOTE 2 Within DOT, PHMSA is currently delegated the authority to carry out the functions assigned to DOT, except for highway routing requirements which are set forth in regulations of the
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
* The major updates of Safety Series No. 6 in 1973 and 1985. See the final rules published on
* The 1996 major revision to the Safety Series No. 6, renamed "Regulations for the
Since then, the IAEA has published amendments and revised editions of TS-R-1 in 2003, 2005, and 2009. /3/ PHMSA published a notice of proposed rulemaking (NPRM) on
FOOTNOTE 3 In 2012, the IAEA published the Specific Safety Requirements-6 (SSR-6) which may be addressed in a future rulemaking. END FOOTNOTE
* Revise paragraph
* Revise SUBSEC 172.203(d)(3) and 172.403(g) to clarify that the total activity indicated on the shipping paper and label must be the maximum activity during transportation.
* Revise Table 1 in
* Update definitions in
* Extend the retention period for Type A, Type IP-2, and Type IP-3 package documentation from one year to two years, to coincide with the minimum retention period currently required for shipping papers. PHMSA is also including more detailed language describing the kinds of information required to be included as part of the Type A package documentation. This change is being made based on internal PHMSA review of existing regulations, and is intended to ensure proper testing and preparation of these packages prior to being offered for transportation.
* Require that any conveyance, overpack, freight container, tank, or intermediate bulk container involved in an exclusive use shipment under
* Update matter incorporated by reference to align with updated references in the TS-R-1 in
* Clarify labeling requirements for radioactive shipments with subsidiary hazards in
* Require that, when it is evident that a package of radioactive material or conveyance carrying unpackaged radioactive material is leaking or suspected to 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 in
As in PHMSA's past rulemakings to incorporate updates of the IAEA regulations into the HMR, PHMSA has worked in close cooperation with the NRC in the development of this rulemaking. The NRC published a parallel NPRM on
In response to the 2011 NPRM we received comments from the following persons, companies, associations and other entities:
*
* B&W
* Energy Solutions
*
*
* Nuclear Information and Resource Service (NIRS) &
*
* Regulatory Resources
* The
*
*
*
These comments are discussed in the section-by-section portion of this rule. /4/ In considering each proposal in the NPRM and each comment, we reviewed and evaluated each amendment on its own merit, on the basis of its overall impact on transportation safety, and on the basis of the economic implications associated with its adoption into the HMR. Our goal is to harmonize the HMR with TS-R-1 without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community.
FOOTNOTE 4 Comments which were outside the scope of this rulemaking are not addressed in this final rule. END FOOTNOTE
III. Section-by-Section Review
Part 171
Section 171.7
In SEC 171.7, which contains a listing of all standards incorporated by reference into the HMR, PHMSA is replacing the 1996 edition of "TS-R-1 (ST-1, Revised)" with the 2009 edition of TS-R-1, with which we are harmonizing requirements in the HMR. We are also replacing the
We are removing from
As a consequence of the removal of SUBSEC 178.356, 178.358, and 178.360 the following references are being removed from the list of matter incorporated by reference in
* ANSI B16.5-77, Steel Pipe Flanges, Flanged Fittings, 1977 from
* AWWA Standard C207-55, Steel Pipe Flanges, 1955 from
* the reference heading for
* all listings and the reference heading for
* USDOE, CAPE-1662, Revision 1, and Supplement 1, Civilian Application Program Engineering Drawings,
* USDOE, Material and Equipment Specification No. SP-9, Rev. 1, and Supplement--Fire Resistant Phenolic Foam,
* USDOE, KSS-471,--Proposal for Modifications to
Part 172
Section 172.203
This section details additional description requirements that are required for certain shipments of hazardous materials. As proposed in our NPRM, we are revising
In our NPRM we proposed that the activity included on shipping papers and labels required by
As proposed in the NPRM, we are also more closely aligning with the wording in TS-R-1 by specifying that the activity should be the maximum activity of the radioactive contents during transport.
We are also amending
Additionally, in
Section 172.310
This section contains additional marking requirements for packages containing Class 7 (radioactive) material. In the NPRM we proposed to align the marking requirements in this section with the requirements in
Section 172.402
This section prescribes additional labeling requirements for shipments of hazardous materials. We are revising 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
Section 172.403
This section describes labeling requirements for shipments of Class 7 (radioactive) materials. We are correcting the reference in paragraph (d) from
Section 172.504
This section prescribes general placarding requirements. In the NPRM we proposed to require placards to be affixed to conveyances carrying fissile material packages, unpackaged low specific activity (LSA) material or surface contaminated object (SCO) in category I (i.e., LSA-I and SCO-I respectively), all conveyances required by SUBSEC 173.427 and 173.441 to operate under exclusive use conditions, and all closed vehicles used in accordance with
Regulatory Resources and
Regulatory Resources stated that under the proposed requirement, a shipper cannot "apply full markings and labels per 49 CFR 172 Subparts D and E on a package containing low specific activity (LSA) material or surface contaminated objects (SCO) and ship them as exclusive use unless the shipper placards the vehicle--regardless of the label applied." While this is true, when it is not required to be shipped as exclusive use, a shipper may apply full markings and labels per 49 CFR part 172 subparts D and E on a package containing LSA material or SCO and choose to not declare the shipment as exclusive use.
Regulatory Resources and
Lawrence Laude noted that the use of the word "conveyances" in our proposed footnote, at least as defined in
Section 172.505
This section describes when placarding for subsidiary risks is required. In paragraph (b), we proposed to remove the reference to "low specific activity uranium hexafluoride" to be consistent with changes to
Part 173
Section 173.4
This section provides requirements for shipments of small quantities by highway and rail. We proposed to revise paragraph (a)(1)(iv) to remove the reference to
In the NPRM we proposed to revise paragraph (b) to specify that small quantities of Class 7 (radioactive) materials must satisfy the requirements of SUBSEC 173.421, 173.424, or 173.426 in their entirety.
Lawrence Laude suggested that PHMSA should eliminate the marking requirements of SUBSEC 173.4 and 173.4a for UN2910 and UN2911 excepted packages, viewing them as redundant. We did not propose these changes in the NPRM and such a change would be result in a substantive change not proposed and made available for public comment. Thus, such a change is considered outside the scope of this rulemaking. Commenters are welcome to petition for change by following the process detailed in SUBSEC 106.95 and 106.100.
Section 173.25
This section provides requirements for packages utilizing overpacks. In the NPRM, we proposed 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.
J.
Lawrence Laude suggested deletion of the text "(Type IP-1, -2, or -3)" since industrial package by definition includes Type IP-1, -2, or -3. We agree and have made this change. He also suggested revisions to
Section 173.401
This section outlines the scope of subpart I; subsection (b) specifies materials that are outside of that scope. We are modifying
B & W requested that we consider PHMSA interpretation 06-0274 (issued
Section 173.403
Section 173.403 contains definitions specific to Class 7 (radioactive) materials. We are revising the definitions of "contamination," "criticality safety index (CSI)," "fissile material," "low specific activity (LSA) material," "radiation level," and "uranium." NIRS & CACC expressed "serious concerns" with the changes in the definitions but provided no specific comments.
We are changing the definition of "contamination" by deleting the word "radioactive" from the present definitions of "Fixed radioactive contamination" and "Non-Fixed radioactive contamination." In addition, we are replacing the phrase "contamination exists in two phases" with "there are two categories of contamination."
We are revising the definition of "criticality safety index (CSI)" to include the sum of criticality safety indices of all fissile material packages contained within a conveyance.
As proposed we are revising the definition of "low specific activity (LSA) material" to more closely align with the definitions in TS-R-1 and in the NRC regulations.
We proposed slight modifications in the definition of "package" to replace "Industrial package Type 1 (IP-1) . . . (IP-2) . . . (IP-3)" with "Industrial package Type 1 (Type IP-1) . . . (Type IP-2) . . . (Type IP-3)." However, as
We are revising the definition of "radiation level" to clarify the types of radiation that contribute to the radiation level, stating that it consists of the sum of the dose-equivalent rates from all types of ionizing radiation present including alpha, beta, gamma, and neutron radiation. Energy Solutions claimed this is inapplicable and overly burdensome when applied to container/conveyance release surveys. We do not use the term "release survey" in the regulations as DOT does not regulate the transfer of radioactive materials from control while "radiation level" limits are given in SUBSEC 173.441 and 173.443. The commenter claims that alpha emitting radionuclides are not a contributor to external radiation dose equivalent and are already addressed in the removable surface contamination limits prescribed in the rule; he also claims that low-energy beta emissions should not be of concern and that it is not possible to accurately quantify beta dose at very low levels. We agree that for a large majority of radioactive packages, gamma or neutron radiation is the only significant contributor to dose at one meter from the surface of the package and although low energy beta emissions are typically more difficult to measure or might contribute little or even nothing to the radiation level, it is still possible and appropriate to measure their contribution, or the absence of any contribution, in order to ensure radiological safety.
However there are a few packages where neutrons must be considered (as noted in the current definition), and alpha and beta radiation should also be considered in meeting the regulatory requirements. The commenter proposed a new definition of "Release Survey Effective Radiation Dose Equivalent;" we do not believe such a term is needed.
We are revising the definition of "uranium" to include natural uranium that has not been chemically separated from accompanying constituents.
B & W suggested we also change the
USEC suggested that we add a definition of "overpack" to
Section 173.410
This section describes general design requirements for packages used to ship Class 7 (radioactive) materials. In paragraph (i)(3), we are revising the 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
USEC suggested we change "13.8 psi" to "13.8 psia." We are not making this change, because "psi" is consistent with similar usage in
Section 173.411
Section 173.411 provides transportation requirements for industrial packagings. We are making several 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. We are replacing the word "packaging" with "package" in each place it appears in this section. We are also replacing 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 used in the HMR for other Class 7 (radioactive) material package types, such as Type A and Type B(U).
We proposed modifying the requirement that tests for Type IP-2 and Type IP-3 packages must not result in a significant increase in the external surface radiation levels, with wording to indicate that the package tests must not result in more than a 20% increase in the maximum radiation level at any external surface of the package, consistent with the
For consistency with the language in TS-R-1, in
USEC suggested that in both existing
In SEC 173.411(b)(5) we are removing references to DOT Specification IM-101 and IM-102 steel portable tanks as Type IP-2 or IP-3 packages because they are no longer listed in Part 178 of the HMR and authorization for their use terminated on
In paragraph (c), we are extending the retention period for Type IP-2 and Type IP-3 package documentation from one year to two years after the offeror's latest shipment, to correspond to the minimum period an offeror is required to retain copies of shipping papers. Regulatory Resources noted that the shipper of a package may not be the manufacturer of the package; in these instances, the commenter suggested that the documentation requirements should be placed on the manufacturer rather than the user/shipper. However, since Part 173 only applies to shippers, any requirement on manufacturers would need to be placed in Part 178. Furthermore, we are not introducing a new documentation requirement here, but only extending the required retention period. The commenter also suggested a delayed compliance timeframe to allow use of existing documentation requirements. We feel that this provision can be met by the delayed compliance date of this rule.
Section 173.412
This section prescribes additional design requirements for Type A packages. We are changing
We proposed revising
Paragraph (k)(3) sets forth requirements for the retention of liquid contents in a Type A package. To provide further clarity, we are adopting the revised wording in TS-R-1, which states that a packaging designed for liquids must "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
This section discusses authorized Type A packages. We proposed to extend the retention period for Type A package documentation from one year to two years after the offeror's latest shipment, to correspond to the minimum period for which an offeror is currently required to retain copies of shipping papers. We also proposed to include more detailed language describing the kinds of information expected to be included as part of the Type A package documentation.
While we received support from some commenters for the two-year retention period,
We agree that there may be a need for a transition period until the two-year retention period takes effect. We also agree that time may be needed to review and upgrade documentation. Therefore, we are not requiring compliance with the revised documentation requirements until
Veolia stated that the offeror of a Type A package should be able to use additional shielding or packing materials inside that package beyond that described in the package's documentation. We disagree. The current regulations require the packaging to be tested "as normally prepared for transport" which means shielding must be considered; additional shielding could change how the package performs and thus would need to be evaluated.
Penn State stated that providing engineering drawings of a package for a one-time-only shipment would increase the cost from negligible to significant with no added benefit and suggested that minimal documentation was required in such instances. However, the current regulations require even single use packages to be appropriately evaluated and documented. We agree that for some packages, engineering drawings may not be necessary, so we are not requiring engineering drawings in this final rule.
QSA Global and
QSA Global stated that full Type A package documentation files for reusable containers can be thousands of pages in length and contain information considered proprietary and confidential. The company currently maintains documentation on numerous packages used for Type A transport, and claims to provide sufficient information to ensure that users are aware of limitations associated with content, form and weight. The company also notes that there are hundreds of users of their Type A package designs, and recommended that shippers of Type A specification packages be required to maintain package assembly instructions and obtain a Type A specification certification for the package from the packaging manufacturer.
Under the existing
Section 173.416
This section discusses authorized Type B packages. We are removing the present paragraph (c), which allowed the continued use of an existing Type B packaging constructed to DOT specification 6M, 20WC, or 21WC until
J.
Section 173.417
This section discusses authorized fissile materials packages. We are removing the present paragraph (c), which allows the continued use of an existing fissile material packaging constructed to DOT specification 6L, 6M, or 1A2 until
We are adding a new paragraph (c) to authorize the domestic shipment of a package conducted under a special package authorization granted by the
Section 173.420
Section 173.420 sets forth requirements for uranium hexafluoride (fissile, fissile excepted and non-fissile). We are removing and reserving paragraph (a)(2)(ii), which refers to specifications for DOT-106A multi-unit tank car tanks as these multi-unit tank car tanks are not used, nor planned to be used for transporting UF6.
We had proposed to add the specification 30C package to the table in
USEC suggested that in 173.420(a)(3)(i) we should change "200 psi" to "200 psia" and in 173.420(a)(6) we should change "14.8 psig" to "14.7 psia". For the first reference, the ANSI standard referenced in this section uses psig, not psia, thus we are not adopting the suggested change, but are changing it to "200 psig" instead. We do agree with the second suggestion as these packages are required to be shipped with an internal pressure less than atmosphere, and so we are adopting this change.
We proposed adding 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).
Section 173.421
This section outlines requirements for excepted packages for limited quantities of Class 7 (radioactive) materials. Presently,
Section 173.422
Section 173.422 sets forth additional requirements for excepted packages containing Class 7 (radioactive) materials. PHMSA is revising the introductory text to specify that a small quantity of another hazard class transported by highway or rail (as defined in
As noted above,
We are also adding to
Section 173.423
Section 173.423 prescribes requirements for multiple hazard limited quantity Class 7 materials.
Section 173.427
This section prescribes transport requirements for low specific activity (LSA) Class 7 (radioactive) material and surface contaminated objects (SCO). In the introductory paragraph of
In SEC 173.427(a)(6)(v), we are removing the placarding exception for shipments of unconcentrated uranium or thorium ores. The increased communication requirement is intended to compensate for the fact that packaging requirements are minimal for these materials. We are also clarifying that all of the placarding requirements of subpart F of part 172 must be met by rewording this paragraph from referring to vehicle placarding, to requiring appropriate placarding of the shipment.
In SEC 173.427(a)(6)(vi), we proposed to require that when LSA material or SCO are shipped in accordance with that paragraph and contain a subsidiary hazard from another hazard class,
Lawrence Laude further claimed that portions of the proposed (and existing)
We are revising paragraph (b)(1) to replace "IP-1, IP-2, or IP-3" with "Type IP-1, Type IP-2, or Type IP-3," to coincide more closely with the IAEA nomenclature in TS-R-1.
In the NPRM we proposed to rearrange the wording in paragraph (b)(4), to indicate that for an exclusive use shipment of less than an A2 quantity, the packaging must meet the requirements of
In paragraph (b)(5), we are withdrawing the explicit authorization for certain DOT Specification tank cars and cargo tanks, and replacing it with the general authorization for use of portable tanks, cargo tanks and tank cars as provided in
In SEC 173.427(c)(3), we are changing the phrase "where it is suspected that non-fixed contamination exists" to "where it is reasonable to suspect that non-fixed contamination exists" to clarify that the shipper must have a justifiable reason if it decides that it is not necessary to take measures to ensure that contamination from SCO-I is not released into the conveyance or the environment.
We proposed adding a new paragraph (c)(4) to require that when unpackaged LSA-I material or SCO-I required to be transported as 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. We proposed an additional new paragraph (c)(5) to require that all highway or rail conveyances carrying unpackaged SCO-I be placarded. USACE noted that paragraph (c)(4) would not provide hazard communication when a liner is shipped inside a transport vehicle (e.g. rail gondola) or an intermodal container and suggested that the outside of the transport vehicle and/or the receptacle or intermodal container would be the only place the marking should be required. We agree that the proposed markings could be obscured and we note that conveyance marking is already covered by
We are modifying Table 5 by adding a separate column for conveyances traveling by inland waterways, in which the authorized activity limits for combustible solids, liquids and gases of LSA-II and LSA-III and SCO would be 10% of those for other types of conveyances. NIRS & CACC asserted that this change could weaken existing regulations and opposed a change. However, these are newly added and more restrictive requirements so they do not "weaken" the regulations. In Table 6, we are replacing 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 made in
Section 173.433
Section 173.433 sets forth requirements for determining radionuclide values, and for listing radionuclides on shipping papers and labels. In the NPRM, we proposed to revise paragraphs (b), (c), (d)(3), and (h) Tables 7 and 8.
We are revising paragraph (b) to clarify the use of line 3 in Tables 7 and 8 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 values when the individual radionuclides are not listed in SUBSEC 173.435 or 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.
We are revising paragraph (c)(1) to conform to the current wording in TS-R-1 that "it is permissible to use an A2 value calculated using a dose coefficient for the appropriate lung absorption type." We are also adding 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 Administrator, or for international transportation, multilateral approval from the appropriate Competent Authorities.
We are revising paragraph (d)(3) to correct incorrect references to other paragraphs. Currently, the explanation of the symbols in paragraph (d)(3) refers to paragraph (d)(2) and itself. We are revising it to refer to paragraphs (d)(1) and (d)(2).
We are modifying the second category descriptions in both Tables 7 and 8, which presently read "Only alpha emitting nuclides are known to be present." To conform as nearly as possible to the current wording in TS-R-1, we are replacing the current wording with "Alpha emitting nuclides, but no beta, gamma, or neutron emitters, are known to be present" (in Table 7), and "Alpha emitting nuclides, but no neutron emitters, are known to be present" (in Table 8).
In Table 7 we are also adding a footnote for the case when 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," we are replacing it with "Neutron emitting nuclides are known to be present or no relevant data are available." The revised 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. Regulatory Resources questioned how an A1 value can be assigned when there are no relevant data concerning the nuclide(s); it is done by assigning a value that is equal to the lowest entry for nuclides listed in the table in
Section 173.435
This section contains the table of A1 and A2 values for the most commonly transported radionuclides. We are revising the table as follows:
* In the entry for Cf-252, in column 1, the reference to footnote (h) is removed, and in columns 3 and 4, the A1 value is revised (this adopts the new TS-R-1 value for A1, which is the same as previously allowed by domestic exception in footnote (h) and eliminates the domestic exception for A2);
* A1 and A2 values and the intrinsic specific activity for Krypton-79 (Kr-79) are added to the table; 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; and
* In the footnotes to the table, footnote (a) is revised to add a reference to TS-R-1 Table 2's list of daughter products, footnote (c) is revised to clarify that the comparison of "output" activity to the A-values is restricted to special form sources of Ir-192, and footnote (h) is removed for the Cf-252 entry, as discussed above, and reserved.
NIRS and
Regulatory Resources suggested that the tables in SUBSEC 173.435 and 173.436 be combined into a single table. We prefer to keep the current format in order to maintain all the current content without reducing readability.
Section 173.436
This section contains exempt material activity concentrations and exempt consignment activity limits for radionuclides. To reflect corresponding changes in TS-R-1, we are revising the total consignment activity exemption for Tellurium-121m (Te-121m), from 1 x 105 Bq to 1 x 106 Bq, and we are adding an entry for Krypton-79 (Kr-79). We are also revising 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 removed. We are adding an entry for Silver-108m (Ag-108m).
Section 173.443
This section prescribes contamination control provisions. Paragraph (a) provides that the level of non-fixed contamination "must be kept as low as resonabl[y] achievable" and specifies alternative methods for determining the level of non-fixed contamination, which may not exceed certain permissible limits. The remaining paragraphs of
* When a closed transport vehicle is used only for transportation by highway or rail of Class 7 (radioactive) material, the contamination level on the package may be as great as ten times the applicable limit specified in paragraph (a) if (1) a survey shows that the radiation dose rate at any point does not exceed specified values; (2) the outside of the vehicle is stenciled on both sides with the words "For Radioactive Materials Use Only" at least three inches high; and (3) the vehicle is kept closed excluding loading or unloading.
* Alternatively, if a package is transported as an "exclusive use" shipment by rail or highway, the level of non-fixed contamination on a package during the course of transportation may be as much as ten times the applicable limit specified in paragraph (a) so long as:
* At the beginning of transport, the level of non-fixed contamination on the package does not exceed the applicable limit set forth in paragraph (a); and
* the transport vehicle is surveyed and is not returned to service until the radiation does rate at each accessible surface does not exceed a specified value and there is no significant removable (non-fixed) surface contamination.
Paragraph (a)
The alternative methods for determining the level of non-fixed contamination are currently set forth in paragraphs (a)(1) and (2). In the NPRM, we proposed to redesignate these two paragraphs as paragraphs (a)(1)(i) and (a)(1)(ii), respectively, and provide in new paragraph (a)(2) that 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." We also proposed 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 on the external and internal surfaces of an overpack, freight container, tank, intermediate bulk container (IBC), or conveyance--but not to the internal surfaces of a conveyance, freight container, tank or IBC dedicated to the transport of unpackaged radioactive material in accordance with
In response to comments from
In Table 9, which is referenced in the new
*
*
* Finally,
Paragraph (b)
Section 173.443(b) currently allows non-fixed radioactive contamination limits on a package to be up to ten times the limits in
In response to comments from
Paragraph (c)
In paragraph (c), we proposed to replace the phrase "returned to service until the radiation dose at each accessible surface" is at a specified level with "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 at that specified level. Under this proposal, with limited exceptions provided by SUBSEC 173.443(a) and (d), a conveyance, freight container, overpack, tank, or intermediate bulk container used for exclusive use transport of radioactive materials under SUBSEC 173.427(b)(4), 173.427(c), or 173.443(b) would need to be surveyed with appropriate radiation detection instruments. These conveyances, freight containers, overpacks, tanks, or intermediate bulk containers would have to exhibit a radiation dose rate no greater than 0.005 mSv per hour (0.5 mrem per hour) at any accessible surface, and non-fixed radioactive surface contamination no greater than the limits in
(1) The use of the packaging exception for less than an A2 quantity authorized in
(2) The use of the authorization in
(3) The use of the authorization in
The procedure described in
(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 DOT cannot authorize. DOT has authority only for the regulation of radioactive material while in transport. The clearance (unrestricted or free release) from regulatory control of radioactive materials for further use or disposal, or ownership, is subject to regulations of the
(2) Non-hazardous material, even foodstuffs, could be transported in contact with these items or conveyances, and 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 requirements for non-fixed contamination (no greater than the
(4) Allowing the free release or unrestricted transfer of radioactive material at these levels would be incompatible with currently and generally accepted radiation protection practices.
USACE stated that the proposed rulemaking does not eliminate the confusion about "contamination," especially for internal surfaces of conveyances, tanks, or intermediate bulk containers and whether they can be released from non-radioactive shipments. It also noted there are discrepancies concerning "unrestricted release" between PHMSA (in the HMR) and other Federal government agencies (in various guidance documents) and recommended that we consult with the NRC to develop "unrestricted release" criteria that would be applicable to both transport and transfer. While such a project may have merit, it would be beyond the scope of this rulemaking and could involve attempts to reconcile non-internationally accepted standards and/or U.S. standards that may be less restrictive or decades old. In this rulemaking, we are adopting the most recent international standards on contamination promulgated by
Energy Solutions commented that the "return to service" provisions in revised paragraph (c) would create ambiguities, are contrary to the intent of the 1979 DOT and NRC memorandum of understanding, and are not compliant with Presidential Executive Orders 12866 and 13272, the Paperwork Reduction Act, the Unfunded Mandates Reform Act and
* Would a manifest be required when the package, conveyance, overpack, freight container, tank, or intermediate bulk container meets the return to service criteria, under the revised language? Since the exclusive use provision would continue to apply, at a minimum, the exclusive use requirements in
* What is the proper shipping name if the remaining material is exempt from Class 7 transport in accordance with
* How would the return to service requirements apply to various hypothetical situations, such as:
* If a reportable quantity of radioactive material is being offered that is also exempt from the HMR in accordance with
* If the radioactive Class 7 hazard present is the subsidiary hazard of the material. We see no ambiguity; the return to service requirements criteria apply whether the radioactive material is the primary or subsidiary hazard.
* If the conveyance returned to service under the proposed language remains under the control of the licensee or if it must be returned to a licensed facility? The material will need to be transferred in accordance with the transfer license conditions of the shipper, which the DOT does not regulate.
* If a closed transport vehicle meets the criteria in
Overall, we disagree with Energy Solutions' position that the proposed rulemaking does not provide the clarification DOT seeks. We believe the proposed rulemaking clarifies possible longstanding misinterpretations on the distinction between transport and transfer of radioactive material and that the benefits realized for the public, transport workers and emergency responders far outweigh any possible disadvantages of the proposal.
We also disagree that this rulemaking is inconsistent with the 1979 Memorandum of Understanding or that it is not in "the public interest." DOT and the NRC have advised and consulted with one another on this subject for a number of years and worked to clarify that return to service does not refer to, and cannot be interpreted to mean, unrestricted release or transfer. Class 7 accidental release statistics which the commenter referred to in the comments are not applicable in this case, because even if such accidents were to have occurred and no hazard communications were available, there would be no way of knowing such data should even be gathered because the human senses cannot detect radiation. Additionally, the possible detrimental scenarios need not be accident related, even weathering effects could possibly cause the spread of contamination, or as stated in the proposed rulemaking the contamination could be commingled with foodstuffs in subsequent transports, creating an unsatisfactory health physics practice.
Based on currently-accepted health physics theory, these revisions provide benefits to the public. Any data or documentation would be unrevealing, as there would be no deterministic health effects observed from low level contamination and any stochastic health effects would be equally difficult to observe empirically.
Similarly, we do not agree with Energy Solutions' arguments that this rulemaking fails to comply with the Executive Orders 12866 and 13271, the Unfunded Mandates Reform Act, and the Paperwork Reduction Act on the theory that the amendments proposed in the NPRM would result in a dramatic increase in operational costs of approximately 800-1,000% without any offsetting benefit or reduction in exposure to the public. Energy Solutions was the only entity to assert that there would be any increase in costs, much less the extreme increase it claimed. We consider that some relatively minor adaptation to new practices would enable return shipments of packages classified under a relatively lower Class 7 hazard category, such as an excepted package, and the regulatory benefits of modest transport requirements (primarily hazard communication provided to transport workers, emergency responders and members of the public) far outweigh the burden imposed.
Lastly, Energy Solutions recommended creating a new definition in
Regulatory Resources expressed uncertainty over what the intention was for the proposed
At the same time, we are clarifying the return to service criteria in this rulemaking, because regulatory relief in certain circumstances, such as provided by SUBSEC 173.443(b), 173.427(b)(4), or 173.427(c), can possibly create cross contamination. For this reason, exclusive use provisions are needed, and return to service surveys are necessary, in order to mitigate and control the build-up of contamination levels in undesired locations when these provisions are utilized, while allowing flexibility and overall exposure reduction in these instances. As noted above, there seems to be some confusion that return to service standards can lead to a free release or unrestricted transfer situation, for which DOT does not have authority. Rather, exclusive use provisions may always be terminated when the items affected have been demonstrated to be no longer subject to the HMR or can be transported in accordance with provisions of the HMR that do not require contamination related exclusive use transport.
Paragraph (d)
In paragraph (d), we proposed 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
Lawrence Laude suggested that
Paragraph (e)
In paragraph (e), we proposed to add required actions for leaking or suspect Class 7 (radioactive) packages or unpackaged material, including immediate actions and assessments, protective requirements, recovery techniques, and prerequisites for continued transport. In response to the suggestions from Regulatory Resources, we are adding the words "as applicable" and changing the second sentence in the paragraph to read "The scope of the assessment must include, as applicable, the package, the conveyance, the adjacent loading and unloading areas, and, if necessary, all other material which has been carried in the conveyance."
Section 173.453
This section prescribes exceptions for fissile materials. In the NPRM we proposed inserting a phrase into
Regulatory Resources suggested a reorganization of
Section 173.465
This section sets out requirements for Type A packaging tests. In paragraph (a), we are adding a specific reference to the standard in
Section 173.466
This section describes additional tests for Type A packagings designed for liquids and gases. In paragraph (a), we are adding a specific reference to the standard in
Section 173.469
This section describes tests for special form Class 7 (radioactive) materials. In paragraph (b)(2)(ii), we are replacing the word "edges" with the word "edge" since this refers to the edge of a flat circular surface.
In paragraph (b)(2)(iii), we are revising the units of measure and the thickness requirement for the lead sheet used for the percussion test from "2.5 cm (1 inch) or greater" to "not more than 25 mm (1 inch)" in thickness, which is consistent with the requirement in TS-R-1.
In paragraph (d)(1) we are adding an alternative to 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 this alternative was added to TS-R-1. Updated references to the 1999 edition of ISO 2919 are being added to paragraphs (d)(1) and (d)(2).
We are adding a provision in new paragraph (e) in
Section 173.473
This section prescribes requirements for foreign made packages. We are revising
Section 173.476
This section details the requirements for approval of special form materials. We are revising paragraph (a) to extend the retention period for special form documentation from one year to two years after the offeror's latest shipment, to coincide with the minimum retention period for shipping papers. In the NPRM we proposed revising paragraph (d) to replace the reference to an obsolete proper shipping name with a reference to the current proper shipping names. This change was completed under a different rulemaking, Docket No. PHMSA-2013-0158 (HM-244F) 78 FR 60748 (
Lawrence Laude requested that paragraph (d) be expanded to include packages of special form material where the activity is less than A2 to account for special form sources with expired or unavailable documentation which could be shipped as "Radioactive Material, Type A Package." As discussed under our changes to
Section 173.477
This section details the requirements for approval of packagings containing greater than 0.1 kg of non-fissile or fissile-excepted uranium hexafluoride. In paragraph (a), we are extending the retention period for uranium hexafluoride packaging documentation from one year to two years after the offeror's latest shipment, to coincide with the minimum retention period for shipping papers.
Section 174.700
We are removing and reserving paragraph (e), which provided special handling requirements for fissile material, controlled shipments, since that term was removed from the regulations in our
Section 174.715
This section prescribes requirements for cleanliness of rail transport vehicles after use. We are revising
Section 175.702
This section provides separation distance requirements for packages containing Class 7 (radioactive) materials in cargo aircraft. In the NPRM we proposed changes to
Section 175.705
This section describes requirements concerning radioactive contamination of aircraft. In paragraph (c) we are clarifying that the totality of any radioactive substances remaining after clean-up of an aircraft where radioactive material has been released must not meet the definition of radioactive material (as defined in
Section 176.715
This section describes requirements concerning radioactive contamination of vessels. We are revising
Section 177.843
This section describes requirements concerning radioactive contamination of vehicles. In
Lawrence Laude suggested that
Lawrence Laude further stated the current and proposed
Section 178.350
This section provides specifications for specification 7A packages. We are revising paragraph (c) to clarify that a DOT Specification 7A Type A package must satisfy the requirements of
Sections 178.356, 176.356-1 through178.356-5
These sections provide specifications for specification 20PF phenolic-foam insulated, metal overpacks.
Sections 178.358, 178.358-1 through 178.358-6
These sections provide specifications for specification 21PF fire and shock resistant, phenolic-foam insulated, metal overpacks. We are removing SUBSEC 178.358 and 178.358-1 through 178.358-6 because 21PF overpacks for uranium hexafluoride cylinders are no longer authorized.
Sections 178.360, 178.360-1 through 178.360-4
These sections provide specifications for specification 2R: Inside containment vessels. We are removing SUBSEC 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
IV. Regulatory Analyses and Notices
A.
This final rule is published under authority of 49 U.S.C. 5103 and 5120 which, respectively:
1. Authorize the Secretary of Transportation to (a) designate radioactive and other materials "as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property," and (b) "prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce."
2. Direct the Secretary to (a) "participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce," and (b) "consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes . . . are consistent with standards and requirements related to transporting hazardous material that international authorities adopt," except that the Secretary need not adopt an international standard or requirement which "the Secretary decides. . .is unnecessary or unsafe," and the Secretary may prescribe a more stringent safety standard or requirement which the Secretary decides "is necessary in the public interest." This final rule amends requirements in the HMR governing the transportation of Class 7 (radioactive) materials in commerce to maintain alignment with international standards by adopting recent updates in TS-R-1, including changes to packaging requirements, definitions, and activity limits.
Harmonization serves to facilitate international commerce; at the same time, harmonization promotes the safety of people, property, and the environment by reducing the potential for confusion and misunderstanding that could result if shippers and transporters were required to comply with two or more conflicting sets of regulatory requirements. While the intent of this rulemaking is to align the HMR with international standards, we review and consider each amendment on its own merit based on its overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without sacrificing the current HMR level of safety and without imposing undue burdens on the regulated community. Thus, as explained in the corresponding sections above, we are not harmonizing with certain specific provisions of the TS-R-1. Moreover, we are maintaining a number of current exceptions for domestic transportation that should minimize the compliance burden on the regulated community.
In developing this final rule PHMSA consulted with the NRC and the
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures
This rulemaking is not considered a significant regulatory action under Executive Order (E.O.) 12866 ("Regulatory Planning and Review"), as supplemented and reaffirmed by E.O. 13563 ("Improving Regulation and Regulatory Review"), stressing that, to the extent permitted by law, an agency rulemaking action must be based on benefits that justify its costs, impose the least burden, consider cumulative burdens, maximize benefits, use performance objectives, and assess available alternatives, and the Regulatory Policies and Procedures of the
During the rulemaking process, PHMSA considered three alternatives to harmonize domestic and international radioactive materials transportation requirements:
Alternative 1: Do nothing.
Alternative 2: Adopt the international standards in their entirety. Under this alternative, all revisions to the IAEA regulations would be incorporated into the HMR. In some instances PHMSA believes more stringent regulations are necessary to enhance transportation safety, and in others, less stringent regulations are necessary to reduce economic burden. Because of certain safety and economic concerns PHMSA elected not to propose adoption into the HMR of some amendments incorporated into the IAEA regulations. In addition, PHMSA and the NRC have identified changes that are only applicable domestically that would increase safety, reduce costs, and improve compliance. For these reasons, PHMSA did not adopt Alternative 2.
Alternative 3: Adopt IAEA regulations with additional changes to the HMR that promise to enhance safety and decrease regulatory compliance obstacles. Under this alternative, PHMSA is harmonizing the HMR with the IAEA regulations and the NRC proposed amendments to an extent consistent with U.S. safety and economic goals. As indicated above, PHMSA is not adopting provisions that, in PHMSA's view, do not provide an adequate level of safety. Further, PHMSA is providing for exceptions and extended compliance periods to minimize the potential economic impact of any revisions on the regulated community. PHMSA provides detailed justification for each instance in the final rule where the proposed change differs from the revised IAEA regulations. Alternative 3 is the only alternative that addresses, in all respects, the purpose of this regulatory action, which is to facilitate the safe and efficient transportation of hazardous materials in international commerce. For these reasons, Alternative 3 is PHMSA's chosen alternative. A complete copy of the economic impact assessment for this final rule is available in the docket for this rulemaking action PHMSA-2009-0063 (HM-250).
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 ("Federalism"). This final rule preempts State, local, and Indian tribe requirements but does not impose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-5128, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local, and Indian tribe requirements on certain subjects, as follows:
(1) The designation, description, and classification of hazardous material;
(2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents;
(4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
This final rule addresses subject items (1), (2), (3), and (5) above and preempts State, local, and Indian tribe requirements not meeting the "substantively the same" standard. Federal hazardous materials transportation law provides at 49 U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of the covered subjects, DOT must determine and publish in the
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and criteria contained in Executive Order 13175 ("Consultation and Coordination with Indian Tribal Governments"). PHMSA received two comments concerning Executive Order 13175. PHMSA received a comment from NIRS and
This rule has the intended goal of harmonizing with international standards for the safe transportation of radioactive materials, making internally identified clarifications of requirements, and making changes that enhance safety while shipments of radioactive materials are in transportation. International and domestic shipments of radioactive materials are already transiting arctic waters and
E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C.
This final rule facilitates the transportation of hazardous materials in international commerce by providing consistency with international standards. This final rule applies to offerors and carriers of hazardous materials, some of whom are small entities, such as chemical manufacturers, users and suppliers, packaging manufacturers, distributors, and training companies. As discussed in the regulatory impact analysis, the majority of amendments in this final rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within
Many companies will realize economic benefits as a result of these amendments. Additionally, the changes effected by this final rule will relieve U.S. companies, including small entities competing in foreign markets, from the burden of complying with a dual system of regulations. Therefore, we certify that these amendments will not have a significant economic impact on a substantial number of small entities. A complete copy of the regulatory flexibility analysis for this final rule is available in the docket for this rulemaking action.
F. Paperwork Reduction Act
PHMSA currently has approved information collections under
* 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
* an increase in the annual information collection burden of OMB Control Number 2137-0510 due to an increase in the duration of record keeping requirements in SUBSEC 173.411(c) and 173.415(a), and the documentation required to demonstrate a package complies with testing requirements in SUBSEC 173.415(a)(1) and (a)(2).
In response to comments received from multiple commenters we are authorizing an option for alternative documentation to allow an offeror who receives a packaging from another party acting as the manufacturer, to rely on a manufacturer's certification when available. In such instances, the offeror must maintain a copy of the manufacturer's certification and, if requested by DOT, be able to obtain a copy of the complete documentation from the manufacturer. These changes will not result in an increase of respondents or responses, as the new requirements are in addition to existing package documentation requirements. There will however be additional costs involved in the preparation and retention of the documents in question. The manufacturer's certification is an additional document, not previously provided for in the HMR, but is merely an optional alternative to the existing package documentation requirements.
Under the Paperwork Reduction Act of 1995, no person is required to respond to an information collection unless it has been approved by OMB and displays a valid OMB control number. 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 rule identifies revised information collection requests that PHMSA will submit to OMB for approval based on the requirements in this final rule. PHMSA has developed burden estimates to reflect changes in this final rule, and estimates the information collection and recordkeeping burden in this rule 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: 140.
Annual Decrease in Annual Burden Costs:
100,000 responses at 5 seconds a response equals 140 hours at
OMB Control Number 2137-0510.
Annual Increase in Number of Respondents: 0.
Annual Increase in Annual Number of Responses: 500.
Annual Increase in Annual Burden Hours: 6100.
Annual Increase in Annual Burden Costs:
1400 modifications to existing responses at
PHMSA will submit the revised information collection and recordkeeping requirements to OMB for approval.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of
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
1. Purpose and Need
PHMSA is amending requirements in the HMR pertaining to the transportation of Class 7 (radioactive) materials to harmonize the HMR with changes contained in the IAEA publication, entitled "Regulations for the
2. Alternatives
In developing this rule, PHMSA considered three alternatives:
1. Do nothing;
2. Adopt the international standards in their entirety; or
3. Adopt IAEA regulations and DOT/NRC based changes that enhance safety and decrease regulatory compliance obstacles.
Alternative 1:
Because our goal is to facilitate uniformity, compliance, commerce and safety in the transportation of hazardous materials, we rejected this alternative.
Alternative 2:
By adopting the international standards in their entirety, PHMSA could potentially adopt provisions that, in our view, do not provide an adequate level of transportation safety and environmental safety and protection. Further, because we provide for domestic exceptions and extended compliance periods to minimize the potential economic impact of any revisions on the regulated community, this alternative was also rejected.
Alternative 3 is PHMSA's selected 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. Alternative 1 would not facilitate uniformity, compliance, commerce and safety in the transportation of hazardous materials. Alternative 2 includes, in some instances, less stringent regulations than are necessary to enhance transportation safety, and in other instances, more stringent regulations which unnecessarily increase economic burdens. 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), as well as human exposure. 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 final rule will not have a significant impact on the environment. In this final rule PHMSA is adopting the following noteworthy amendments to the HMR:
Placarding of conveyances.
In this final rule PHMSA is requiring placards to be affixed to conveyances carrying fissile material packages, unpackaged low specific activity (LSA) material or surface contaminated objects (SCO) in category I (i.e., LSA-I and SCO-I respectively), all conveyances required by SUBSEC 173.427 and 173.441 to operate under exclusive use conditions, and all closed vehicles used in accordance with
Extension of package documentation retention requirement and clarification of information required to be maintained.
New clarification on types of information required to be retained for certain packages used to ship radioactive materials is provided in this final rule. PHMSA expects modest positive environmental gains due to a projected increase in appropriately tested and constructed packages, which will lead to a decrease in exposure to released radioactivity. As this change is a result an internal PHMSA review of existing domestic regulations, these modest environmental gains would not be achieved by selecting alternatives one or two.
Requirements for leaking or suspected leaking packages of radioactive material, or conveyance carrying leaking or suspected leaking unpackaged radioactive material.
PHMSA is adding new required actions for leaking or suspect Class 7 (radioactive) packages or unpackaged material, which include; immediate actions and assessments, protective requirements, recovery techniques, and prerequisites for continued transport. PHMSA expects modest positive environmental impact from this requirement. Increased clarity on responsibilities and actions to be taken when a leaking radioactive package is discovered are expected to reduce exposure to transportation workers and the general public. Any environmental gains from this change would be realized under alternatives two or three.
Contamination.
PHMSA is adding new as well as clarifying pre- and post-shipment requirements for Class 7 (radioactive) transport regarding external contamination of radioactive substances. PHMSA expects a modest positive environmental impact from this rulemaking. The increased clarity on responsibilities and actions to be taken before and after transportation will benefit the environment, workers, emergency responders, and the general public by minimizing the possibility of the unintended spread of radioactive contamination during routine conditions of transport. As this change is a result an internal PHMSA review of existing domestic regulations, these modest environmental gains would not be achieved by selecting alternatives one or two.
4. Agency Consultation and Finding of No Significant Impact
PHMSA, in consultation with the NRC, certifies that the amendments in this final rule will not have a significant impact on the environment.
J. Privacy Act
Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comments (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the
K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 ("Promoting International Regulatory Cooperation"), agencies must consider whether the impacts associated with significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American businesses to export and compete internationally. In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements.
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of
PHMSA participates in the establishment of international standards to protect the safety of the American public, and we have assessed the effects of this final rule to ensure that it does not cause unnecessary obstacles to foreign trade. In fact, the rule is designed to facilitate international trade. Accordingly, this rulemaking is consistent with Executive Order13609 and 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 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; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 and 1.97.
2. Amend
a. Revising paragraph (a)(1);
b. Removing paragraph (d)(2) and redesignating paragraphs (d)(3) through (8) as (d)(2) through (7) respectively;
c. Removing paragraph (i);
d. Removing paragraph (p);
e. Removing paragraph (ee);
f. Redesignating paragraphs (j) through (o) as (i) through (m) respectively;
g. Redesignating paragraphs (q) through (dd) as (n) through (bb) respectively; and
h. Revising newly designated paragraphs (q)(1) and (u)(9) as follows:
(a) * * *
(1) General. There is incorporated, by reference in parts 171-180 of this subchapter, matter referred to that is not specifically set forth. This matter is hereby made a part of the regulations in parts 171-180 of this subchapter. The matter subject to change is incorporated only as it is in effect on the date of issuance of the regulation referring to that matter. The material listed in paragraphs (b) through (bb) of this section has been approved for incorporation by reference by the Director of the
* * * * *
(q) * * *
(1) No. TS-R-1, IAEA Safety Standards for Protecting People and the Environment; Regulations for the
* * * * *
(u) * * *
(9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive sources--General requirements and classification, (ISO 2919), second edition,
* * * * *
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 1.81, 1.96 and 1.97.
4. In
* * * * *
(d) * * *
(2) A description of the physical and chemical form of the material:
(i) For special form materials, the words "special form" unless the words "special form" already appear in the proper shipping name; or
(ii) 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 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)). The activity may also be stated in appropriate customary units (e.g., Curies (Ci), milliCuries (mCi), microCuries (uCi)) 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
* * * * *
(b) Each industrial, Type A, Type B(U), or Type B(M) package must be legibly and durably marked on the outside of the packaging, in letters at least 12 mm (0.47 in) high, with the words "TYPE IP-1," "TYPE IP-2," "TYPE IP-3," "TYPE A," "TYPE B(U)" or "TYPE B(M)," as appropriate. A package which does not conform to Type IP-1, Type IP-2, Type IP-3, Type A, Type B(U) or Type B(M) requirements may not be so marked.
* * * * *
6. In
* * * * *
(d) * * *
(1) A subsidiary label is not required for a package containing material that satisfies all of the criteria in
* * * * *
7. In
* * * * *
(d) EMPTY label. See
* * * * *
(g) * * *
(2) Activity. The maximum activity of the radioactive contents in the package during transport must be expressed in appropriate SI units (e.g., Becquerels (Bq), Terabecquerels (TBq)). The activity may also be stated in appropriate customary units (e.g., Curies (Ci), milliCuries (mCi), microCuries (uCi)) 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
* * * * *
(e) * * *
1 RADIOACTIVE placards are also required for: All shipments of unpackaged LSA-I material or SCO-I; all shipments required by SUBSEC 173.427, 173.441, and 173.457 of this subchapter to be operated under exclusive use; and all closed vehicles used in accordance with
* * * * *
9. In
* * * * *
(b) In addition to the RADIOACTIVE placard which may be required by
* * * * *
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 1.81, 1.96 and 1.97.
11. In
(a) * * *
(1) * * *
(iv) [Reserved]
* * * * *
(b) A package containing a Class 7 (radioactive) material also must conform to the requirements of
* * * * *
12. In
(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 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
* * * * *
(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
(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
14. Section 173.403 is amended as follows:
a. The definitions of "contamination," "criticality safety index (CSI)," "fissile material," "low specific activity (LSA) material," "radiation level," and "uranium" are revised.
b. In the definition of "package," paragraphs (2)(i), (2)(ii), and (2)(iii) are revised to read as follows:
* * * * *
Contamination means the presence of a radioactive substance on a surface in quantities in excess of 0.4 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters or 0.04 Bq/cm2 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 a package 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, but does not include: Unirradiated natural uranium or depleted uranium; and natural uranium or depleted uranium that has been irradiated in thermal reactors only. Certain exceptions for fissile materials are provided in
* * * * *
Low Specific Activity (LSA) material means Class 7 (radioactive) material with limited specific activity which is not fissile material or is excepted under
(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
(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
(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 * * *
(1) * * *
(2) * * *
(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 (millirems 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: GOES
Table 1--Neutron Fluence Rates To Be Regarded as Equivalent to a Radiation Level of 0.01 mSv/h (1mrem/h) *1 Energy of neutron Flux density equivalent to 0.01 mSv/h (1 mrem/h) 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
* * * * *
(i) * * *
(3) A package containing liquid contents must be capable of withstanding, without leakage, an internal pressure that 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:
(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
(2) Each Type IP-2 package must meet the general design requirements prescribed in
(i) Loss or dispersal of the radioactive contents; and
(ii) A significant increase in the radiation levels recorded or calculated at the external surfaces for the condition before the test.
(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
(4) A portable tank may be used as a Type IP-2 or Type IP-3 package provided that:
(i) It meets the requirements for Type IP-1 packages specified in paragraph (b)(1);
(ii) It meets 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) It is capable of withstanding a test pressure of 265 kPa (38.4 psia); and
(iv) It is 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) A cargo tank or a tank car may be used as Type IP-2 or Type IP-3 package for transporting LSA-I and LSA-II liquids and gases as prescribed in Table 6 of
(i) It meets the requirements for a Type IP-1 package specified in paragraph (b)(1);
(ii) It is capable of withstanding a test pressure of 265 kPa (38.4 psia); and
(iii) It is 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) A freight container may be used as Type IP-2 or Type IP-3 packages provided:
(i) The radioactive contents are restricted to solid materials;
(ii) It meets the requirements for a Type IP-1 packages specified in paragraph (b)(1); and
(iii) It meets the standards prescribed in the
(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) A metal intermediate bulk containers may be used as a Type IP-2 or Type IP-3 package, provided:
(i) It meets the requirements for a Type IP-1 package specified in paragraph (b)(1); and
(ii) It meets the requirements prescribed in Chapter 6.5 of the United Nations Recommendations on the Transport of Dangerous Goods, (IBR, see
(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 offeror'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
* * * * *
(f) The containment system will retain its radioactive contents under the reduction of ambient pressure to 60 kPa (8.7 psia).
* * * * *
(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
* * * * *
(a) DOT Specification 7A (see
(1) A 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 the following:
(i) If the packaging is subjected to the physical tests of
(ii) For any other demonstration of compliance with tests authorized in
(2) If the offeror has obtained the packaging from another person who meets the definition of "packaging manufacturer" in
* * * * *
19. In
* * * * *
(c) A package approved by the
20. Section 173.417 is amended as follows:
a. Paragraphs (a)(3) and(b)(3) are removed;
b Table 3 is removed; and
c. Paragraph (c) is revised to read as follow:
* * * * *
(c) A package approved by the
21. In
(a) * * *
(2) * * *
(ii) [Reserved]
* * * * *
(3) * * *
(i) withstand a hydraulic test at an internal pressure of at least 1.4 MPa (200 psig) without leakage;
* * * * *
(6) The pressure in the package at 20 [degrees] C (68 [degrees] F) must be less than 101.3 kPa (14.7 psia).
* * * * *
(e) For a package containing 0.1 kg or more of UF6, 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 and 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:
A Class 7 (radioactive) material with an activity per package which does not exceed the limited quantity package limits specified in Table 4 in
(a) Each package meets the general design requirements of
(b) The radiation level at any point on the external surface of the package does not exceed 0.005 mSv/h (0.5 mrem/h);
(c) The non-fixed contamination on the external surface of the package does not exceed the limits specified in
(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
(f) The material is otherwise prepared for shipment as specified in accordance with
23. In
An excepted package of Class 7 (radioactive) material that is prepared for shipment under the provisions of
(a) The outside of each package must be marked with:
(1) The UN identification number for the material preceded by the letters UN, as shown in column (4) of the Hazardous Materials Table in
(2) The letters "RQ" on a non-bulk packaging containing a hazardous substance.
* * * * *
(e) For a material that meets the definition of a hazardous substance or a hazardous waste, the shipping paper requirements of subpart C of part 172 of this subchapter, except that such shipments are not subject to shipping paper requirements applicable to Class 7 (radioactive) materials in SUBSEC 172.202(a)(5), 172.202(a)(6), 172.203(d) and 172.204(c)(4).
Section 173.427 is revised to read as follows:
(a) In addition to other applicable requirements specified in this subchapter, LSA material 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 material and SCO 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
(4) Packaged and unpackaged Class 7 (radioactive) materials must conform to the contamination control limits specified in
(5) External radiation levels may not exceed those specified in
(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) material 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) material containing less than an A2 quantity are excepted from the marking and labeling requirements of this subchapter, other than the subsidiary hazard labeling 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) material that contain a hazardous 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;
(2) In a DOT Specification 7A (
(3) In any Type B(U) or B(M) packaging authorized pursuant to
(4) For domestic transportation of an exclusive use shipment that is less than an A2 quantity, in a packaging which meets the requirements of
(5) In portable tanks, cargo tanks and tank cars, as provided in SUBSEC 173.411(b)(4) and (5), respectively.
(c) LSA-I material and SCO-I 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/cm2 for beta and gamma emitters and low toxicity alpha emitters and 0.4 Bq/cm2 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; and
(4) The highway or rail conveyance must be placarded in accordance with subpart F of part 172 of this subchapter.
(d) LSA material 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: GOES
Table 5--Conveyance Activity Limits for LSA Material and SCO Nature of material Activity limit Activity limit for hold for conveyances or compartment of an other than by inland waterway inland waterway conveyance 1. LSA-I No limit No limit. 2. LSA-II and LSA-III; No limit 100 A<2>. Non-combustible solids 3. LSA-II and LSA-III; 100 A<2> 10 A<2>. Combustible solids and all liquids and gases 4. SCO 100 A<2> 10 A<2>.
GOES
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
* * * * *
(b) For individual radionuclides which are not listed in the tables in
* * * * *
(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
* * * * *
(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:
See Illustration in Original Document.
Where:
The symbols are defined as in paragraphs (d)(1) and (d)(2) of this section.
* * * * *
(h) Tables 7 and 8 are as follows: GOES
Table 7--General Values for A<1> and A<2> A<1> A<2> Radioactive contents (TBq) (Ci) (TBq) (Ci) 1. Only beta or gamma emitting 1 x 2.7 x 10 2 x 5.4 x nuclides are known to be present 10-1 [degrees] 10-2 10-1 2. Alpha emitting nuclides, but no 2 x 5.4 x 10 9 x 2.4 x beta, gamma, or neutron emitters, are 10-1 *0 10-5 10-3 known to be present *1 3. Neutron emitting nuclides are 1 x 2.7 x 9 x 2.4 x known to be present or no relevant 10-3 10-2 10-5 10-3 data are available *1 If beta or gamma emitting nuclides are also known to be present, the A<1> value of 0.1 TBq (2.7 Ci) should be used.
GOES
Table 8--General Exemption Values Activity Activity limits for concentration for exempt exempt material consignments Radioactive contents (Bq/g) (Ci/g) (Bq) (Ci) 1. Only beta or gamma emitting 1 x 2.7 x 1 x 2.7 x nuclides are known to be present 10(1M) 10-10 10(4M) 10-7 2. Alpha emitting nuclides, but no 1 x 2.7 x 1 x 2.7 x neutron emitters, are known to be 10-1 10-12 10(3M) 10-8 present 3. Neutron emitting nuclides are 1 x 2.7 x 1 x 2.7 x known to be present or no relevant 10-1 10-12 10(3M) 10-8 data are available
26. The
* * * * *
Symbol of Element and A<1> (TBq) A<1> (Ci) A<2> (TBq) radionuclide atomic number *b [ADD] * * * * * * * Kr-79 Krypton (36) 4.0 x 100 1.1 x 102 2.0 x 100 [REVISE] * * * * * * * Cf-252 1 x 10-1 2.7 3.0 x 10-3 * * * * * * * Mo-99(a)(i) 1.0 2.7 x 101 6.0 x 10-1 * * * * * * *
Symbol of A<2> (Ci) Specific activity radionuclide *b (TBq/g) (Ci/g) [ADD] * * * * * * * Kr-79 5.4 x 101 4.2 x 104 1.1 x 106 [REVISE] * * * * * * * Cf-252 8.1 x 10-2 2.0 x 101 5.4 x 102 * * * * * * * Mo-99(a)(i) 1.6 x 101 1.8 x 104 4.8 x 105 * * * * * * * *a A<1> and/or A<2> 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 theSafe Transport of Radioactive Material, No. TS-R-1" (IBR, see S. 171.7 of this subchapter). *b The values of A<1> and A<2> in curies (Ci) are approximate and for information only; the regulatory standard units are Terabecquerels (TBq), (see S. 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. * * * * * *h [Reserved] * * * * *
<p> 27. The
* * * * *
Symbol of Element and Activity Activity Activity Activity radionuclide atomic concentra- concentra- limit for limit for number tion tion exempt exempt for exempt for exempt consignment consignment material material (Bq) (Ci) (Bq/g) (Ci/g) [ADD] * * * * * * * Kr-79 Krypton (36) 1.0 x 103 2.7 x 10-8 1.0 x 105 2.7 x 10-6 [REVISE] Te-121m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5 * * * * * * * * * * * * *b Parent nuclides and their progeny included in secular equilibrium are listed as follows: Sr-90Y-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:
(a) The level of non-fixed contamination must be kept as low as reasonably achievable on the external surfaces of each package, conveyance, freight container, and overpack offered for transport, and the internal surfaces of each conveyance, freight container, and overpack in which inner packages or receptacles of Class 7 (radioactive) materials are offered for transport.
(1) Excluding the interior surfaces of the containment system of packages and the internal surfaces of a conveyance, freight container, tank, or intermediate bulk container dedicated to the transport of unpackaged radioactive material in accordance with
(i) Wiping an area of 300 cm2 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 non-fixed 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 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.
Table 9 is as follows: GOES
Table 9--Non-Fixed External Radioactive Contamination Limits for Packages Maximum permissible limits Contaminant Bq/cm(2M) uCi/cm(2M) dpm/cm(2M) 1. Beta and gamma 4 10 -4 240 emitters and low toxicity alpha emitters 2. All other alpha 0.4 10-5 24 emitting radionuclides
(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, at any time during transport the non-fixed contamination on the external surface of any package, as well as on the associated accessible internal surfaces of any conveyance, overpack, or freight container, 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,
(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/h (10 mrem/h) at the surface or 0.02 mSv/h (2 mrem/h) at 1 m (3.3 feet) from the surface;
(2) Each vehicle is marked (e.g. 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, as applicable, 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.
29. In
(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 successful if the requirements of
* * * * *
(d) * * *
(1) * * *
(i) A total weight equal to five times the maximum weight of the package; or
* * * * *
30. In
(a) In addition to the tests prescribed in
* * * * *
31. In
* * * * *
(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
* * * * *
(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 (IBR, see
(ii) Less than 500 g and it is alternatively subjected to the Class 5 impact test prescribed in ISO 2919 (IBR, see
(2) The heat test of this section, provided the specimen is alternatively subjected to the Class 6 temperature test specified in the
(e) Special form materials that were successfully tested prior to
32. In
* * * * *
(a) * * *
(1) Have the foreign competent authority certificate revalidated by the
* * * * *
33. In
(a) Each offeror of special form Class 7 (radioactive) materials must maintain on file for at least two years after the offeror'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
* * * * *
34. In
(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 offeror'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
* * * * *
PART 174--CARRIAGE BY RAIL
35. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
36. In
37. In
(a) Each transport vehicle used for transporting Class 7 (radioactive) materials under exclusive use conditions (as defined in
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
38. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.
39. In
* * * * *
(b) In addition to the limits on combined criticality safety indexes stated in
(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.
40. In
* * * * *
(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 definition of radioactive material, as defined in
* * * * *
PART 176--CARRIAGE BY VESSEL
41. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
42. Section 176.715 is revised to read as follows:
Each hold, compartment, or deck area used for the transportation of low specific activity or surface contaminated object Class 7 (radioactive) materials under exclusive use conditions in accordance with
PART 177--CARRIAGE BY PUBLIC HIGHWAY
43. The authority citation for part 177 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108
44. In
(a) Each motor vehicle used for transporting Class 7 (radioactive) materials under exclusive use conditions in accordance with
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
45. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
46. In
* * * * *
(c) Each Specification 7A packaging must comply with the requirements of SUBSEC 178.2 and 178.3. In
47. Section 178.356 and SUBSEC 178.356-1 through 178.358-6 are removed.
48. Section 178.358 and SUBSEC 178.358-1 through 178.358-6 are removed.
49. Section 178.360 and SUBSEC 178.360-1 through 178.360-4 are removed.
Issued in
Administrator,
[FR Doc. 2014-15514 Filed 7-10-14;
BILLING CODE 4910-60-P
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