{"operation":"document","citation":"76 FR 50332","title":"Hazardous Materials Regulations; Compatibility With the Regulations of the International Atomic Energy Agency","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2011-08-12","effective_on":null,"summary":"PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is proposing to amend requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication \"Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1\" (hereafter referred to as TS-R-1). The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2011-19872.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2011-19872.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2011-19872","source_url":"https://www.federalregister.gov/documents/2011/08/12/2011-19872/hazardous-materials-regulations-compatibility-with-the-regulations-of-the-international-atomic","body":"Federal Register, Volume 76 Issue 156 (Friday, August 12, 2011) [Federal Register Volume 76, Number 156 (Friday, August 12, 2011)] [Proposed Rules] [Pages 50332-50358] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2011-19872] [[Page 50331]] Vol. 76 Friday, No. 156 August 12, 2011 Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, 173, et al. Hazardous Materials Regulations; Compatibility With the Regulations of the International Atomic Energy Agency; Proposed Rule Federal Register / Vol. 76 , No. 156 / Friday, August 12, 2011 / Proposed Rules [[Page 50332]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 174, 175, 176, 177, and 178 [Docket No. PHMSA-2009-0063 (HM-250)] RIN 2137-AE38 Hazardous Materials Regulations; Compatibility With the Regulations of the International Atomic Energy Agency AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is proposing to amend requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication ``Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1'' (hereafter referred to as TS-R-1). The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials. DATES: Comments must be received by November 10, 2011. ADDRESSES: You may submit comments by any of the following methods: U.S. Government Regulations.gov Web site: http://www.regulations.gov . Use the search tools to find this rulemaking and follow the instructions for submitting comments. U.S. Mail or private delivery service: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12- 140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 20590-0001. Fax: 1-202-493-2251. Hand Delivery: To Docket Operations, Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: You must include the agency name and docket number, PHMSA-2009-0063 (HM-250) or the Regulatory Identification Number (RIN) for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to the U.S. Government Regulations.gov Web site: http://www.regulations.gov , including any personal information provided. Please see the Privacy Act section of this document. FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub, Standards and Rulemaking Division, telephone (202) 366-8553, or Michael Conroy, Engineering and Research Division, telephone (202) 366-4545, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Contents I. Background II. Overview of Proposed Changes in This NPRM A. Changes for Harmonization With the 2009 Edition of TS-R-1 B. Other Proposed Amendments C. Amendments to TS-R-1 Not Being Considered for Adoption in This NPRM III. Section-by-Section Review IV. Regulatory Analyses and Notices A. Statutory/Legal Authority for the Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies F. Paperwork Reduction Act G. Regulatory Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act K. International Trade Analysis I. Background Under their respective statutory authorities, PHMSA and the NRC jointly regulate the transportation of radioactive materials to, from, and within the United States. In accordance with their July 2, 1979, Memorandum of Understanding (a copy of which has been placed in the docket of this rulemaking) (44 FR 38690): 1. PHMSA regulates both shippers and carriers with respect to: A. Packaging requirements; B. Communication requirements for: Shipping paper contents, Package labeling and marking requirements, and Vehicle placarding requirements; C. Training and emergency response requirements; and D. Highway routing requirements. 2. NRC requires its licensees to satisfy requirements to protect public health and safety and to assure the common defense and security, and: A. Certifies Type B and fissile material package designs and approves package quality assurance programs for its licensees; B. Provides technical support to PHMSA and works with PHMSA to ensure consistency with respect to the transportation of Class 7 (radioactive) materials; and C. Conducts inspections of licensees and an enforcement program within its jurisdiction to assure compliance with its requirements.'' Since 1968, PHMSA and the NRC (and their predecessor agencies) have, to the extent practicable, harmonized their respective regulations with international regulations of the IAEA in: Safety Series No. 6, Regulations for the Safe Transport of Radioactive Material, as published in 1961 and revised in 1964 and 1967. Amendents to the HMR were adopted in a final rule published on October 4, 1968 in Docket HM-2 (33 FR 14918). The major updates of Safety Series No. 6 in 1973 and 1985. See the final rules published on March 10, 1983 in Docket HM-169 (48 FR 10218) and September 28, 1995, in Docket HM-169A (60 FR 50291). The 1996 major revision to the Safety Series No. 6, renamed ``Regulations for the Safe Transport of Radioactive Material, 1996 Edition, No. ST-1'' issued by the IAEA in 1996 and republished in 2000 to include minor editorial changes at which time the previous designation was changed to ``Regulations for the Safe Transport of Radioactive Material, 1996 Edition, No. TS-R-1, (ST-1, Revised).'' See the final rule published on January 26, 2004, in Docket HM-230 (69 FR 3632). Since then, the IAEA has published amendments and revised editions of TS-R-1 in 2003, 2005, and 2009. In this notice, PHMSA is proposing to amend the HMR to maintain alignment with the 2009 Edition of TS-R-1 which incorporates all of the changes made to TS-R-1 in the 2003 amendments, the 2005 Edition, as well as other revisions. (In this notice, PHMSA uses the nomenclature ``TS-R-1'' to refer to the 2009 Edition of TS-R-1, a copy of which may be obtained from the U.S. distributors, Bernan, 15200 NBN Way, P.O. Box 191, Blue Ridge Summit, PA 17214, telephone 800-865-3457, e-mail: [email protected] , or Renouf Publishing Company Ltd., 812 Proctor Ave., Ogdensburg, NY 13669, telephone: 1-888-551-7470, e-mail: [email protected] . An electronic copy of TS-R-1 has been placed in the docket of this rulemaking and may also [[Page 50333]] be found at the following IAEA Web site: http://www-pub.iaea.org/MTCD/publications/PDF/Pub1384_web.pdf . In addition to changes to harmonize with TS-R-1, PHMSA is proposing regulatory amendments identified through internal regulatory review processes to update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials. As in PHMSA's past rulemakings to incorporate updates of the IAEA regulations into the HMR, PHMSA is working in close cooperation with the NRC in the development of this rulemaking. PHMSA anticipates that NRC will publish a parallel rulemaking at a future date. Since the proposed rules will be published separately, there is a risk of differences in overlapping proposals that may affect the compatibility of NRC and PHMSA regulations. PHMSA and NRC will coordinate the development and publication schedules for the final rules, and if necessary, may issue a supplemental notice of proposed rulemaking to ensure that the proposed rules are compatible. This NPRM addresses only the areas for which DOT has jurisdiction as defined in the MOU with NRC. Comments on non-DOT issues or on DOT issues not within the scope of this rulemaking will not be addressed by DOT as part of this rulemaking. Comments responding to the NRC's parallel NPRM, which is expected be published in the Federal Register at a future date, should be submitted in accordance with the public participation guidelines established by NRC. II. Overview of Proposed Changes in This NPRM This NPRM proposes changes to the HMR based on changes incorporated in the 2009 Edition of the IAEA Safety Standards publication titled ``Regulations for the Safe Transport of Radioactive Material, 2009 Edition, Safety Requirements, No. TS-R-1.'' One of the goals of this rulemaking is to continue to maintain compatibility between the HMR and the IAEA regulations. PHMSA is not striving to make the HMR identical to the IAEA regulations but rather to remove or avoid potential barriers to international commerce while adhering to domestic law, reflecting domestic practices, and maintaining public health and safety. Accordingly, PHMSA is not proposing to adopt all of the amendments to TS-R-1 since 2000 into the HMR. In many cases, amendments to the IAEA standards are not being proposed for adoption because the framework or structure of the HMR makes adoption unnecessary or impractical. If PHMSA inadvertently has omitted an amendment in this NPRM, the omission may be included in the final rule to the extent permitted: (1) If it is clearly within the scope of changes proposed in the notice, (2) does not require substantive changes from the IAEA standards on which it is based, and (3) imposes minimal or no cost impacts on persons subject to the requirement. Otherwise, in order to provide opportunity for notice and comment, the change must be proposed in the NPRM or in a supplemental notice of proposed rulemaking. Proposed amendments to the HMR in this notice include, but are not limited to, those listed below in Sections II.A (in harmony with TS-R- 1) and II.B (additional changes), and a detailed rationale for each proposed amendment is discussed in Part III, Section-By-Section review. In Section II.C, we list those significant amendments to the IAEA regulations since 2000 that we are not proposing to adopt. A. Changes for Harmonization With the 2009 Edition of TS-R-1 In this NPRM, based on the 2009 TS-R-1 changes, PHMSA is proposing to amend the HMR as follows: Revise paragraph Sec. 173.25(a)(4) to adopt the new TS-R- 1 requirement for the marking of all overpacks of Class 7 (radioactive) packages with the word ``OVERPACK.'' Modify the scoping statement in Sec. 173.401(b)(4), which excludes natural materials and ores containing naturally occurring radionuclides from the HMR, to add the phrase ``which are either in their natural state, or which have only been processed for purposes other than for extraction of the radionuclides.'' Add a scoping statement to Sec. 173.401 to clarify that non-radioactive solid objects with radioactive substances on their surfaces in quantities not exceeding the levels cited in the definition of contamination are not subject to subpart I of part 173. In Sec. 173.403, define the criticality safety index (CSI) for each conveyance to be the sum of the CSIs of all the packages in that conveyance. Modify the wording for category (ii) of LSA-I in Sec. 173.403 to be consistent with the wording in TS-R-1. Adopt the slight change in definition of ``natural uranium'' in Sec. 173.403 from ``chemically separated uranium'' to ``uranium (which may be chemically separated).'' Revise Sec. 173.410(i)(3) to require that packages containing liquid radioactive material to be transported by air be capable of withstanding, without leakage, an internal pressure which produces a pressure differential of not less than maximum normal operating pressure plus 95 kPa. Revise the nomenclature in Sec. 173.411 on Industrial Packagings to refer to Type IP-1, -2, and -3 packages instead of IP-1, -2, and -3 packagings. Revise Sec. Sec. 173.411 and 173.412 to specify that the testing of Types IP-2, IP-3 and Type A packages shall not result in ``more than a 20% increase in the maximum radiation level at any external surface of the package.'' Revise Sec. 173.411(b)(4) to refer to ``portable tanks'' rather than to ``tank containers'' and revise Sec. 173.411(b)(5) for ``cargo tanks and tank cars'' and include the TS-R-1 requirements for such tanks. Revise Sec. 173.412(f) to specify that the containment system of a Type A package be capable of retaining its contents under the reduction of ambient pressure to 60 kPa (8.7 psi). Revise Sec. 173.412(k) to clarify the requirements for enclosure of liquid contents in inner components of Type A packages, including complete retention within the secondary outer containment. Revise Sec. 173.420 to require the use of the uranium hexafluoride proper shipping names and UN numbers for shipments of 0.1 kg or more of non-fissile, fissile-excepted, or fissile uranium hexafluoride (UF 6 ), even if other proper shipping names and UN numbers are feasible. Revise Sec. 173.433(c) to authorize the use of an A 2 value for a radionuclide not in the table in 173.435 by using a dose coefficient for the appropriate lung absorption type. Revise Tables 7 (General Values for A 1 and A 2 ) and 8 (General Exemption Values) in Sec. 173.433, to clarify how neutron emitters are to be handled. Also, because the IAEA A 1 default value for alpha emitters is larger than that for beta or gamma emitters, we have added a footnote to ensure that the lower value is required when both alpha and beta or gamma emitters are known to be present. In the Table of A 1 and A 2 values for radionuclides in Sec. 173.435, adopt the new IAEA A 1 value for Cf-252 and eliminate the domestic alternative for the A 2 value. In the Table of A 1 and A 2 values for radionuclides in Sec. 173.435, adopt the new IAEA A 1 and A 2 values for Kr-79. Modify footnote (a) to the table in Sec. 173.435 to refer the reader to the [[Page 50334]] corresponding footnote (a) to Table 2 in TS-R-1. The 2009 TS-R-1 includes as footnote (a) to Table 2 an extensive list of radionuclides of half-life 10 days or less which were included in A 1 / A 2 values for their parent radionuclides. In Sec. 173.436, revise the activity limit for an exempt consignment of Te-121m (Tellurium-121m) from 1 x 10\\5\\ Bq to 1 x 10\\6\\ Bq. In Sec. 173.436, add exempt activity concentration and exempt consignment activity limits for Kr-79. Remove the decay chains for Ce-134, Rn-220, Th-226, and U- 240 in footnote (b) to the table in Sec. 173.436 and add the decay chain for Ag-108m. Specify in Sec. 173.443 that, under certain conditions, the radioactive material package contamination limits apply not only to overpacks, freight containers, tanks, and intermediate bulk containers, but also to conveyances transporting radioactive materials. In Sec. 173.443(a)(1), revise to apply to only unpackaged radioactive material, and not apply to overpacks, an exception from the requirement that the package contamination limits be satisfied for the internal surfaces of freight containers, tanks, intermediate bulk containers, and conveyances carrying radioactive material so long as they are in transport under certain exclusive use provisions. Revise Sec. 173.465(d)(i) to clarify that the stacking test should use five times the maximum weight of the loaded package, including the maximum weight of the contents that the packaging manufacturer is certifying for the package. Revise Sec. 173.469 to authorize the use of ISO 2919 Class 5 impact test as an acceptable alternative to the IAEA 30 foot drop and percussion tests for special form sources weighing less than 500 g. B. Other Proposed Amendments In addition to the amendments proposed for harmonization with TS-R- 1, PHMSA is also proposing to: Revise the shipping paper description requirements in Sec. 172.203 and the labeling requirements in Sec. 172.403 to clarify that the activity shown should be the total maximum activity of all the radioactive contents during transport. Revise the marking requirements in Sec. 172.310(b) for Type A packages to eliminate an inconsistency with Sec. 178.350. Revise Table 1 in Sec. 172.504 to additionally require conveyances carrying fissile material packages, unpackaged LSA-I material or SCO-I, all conveyances required by Sec. Sec. 173.427 and 173.441 to operate under exclusive use conditions, and all closed vehicles used in accordance with Sec. 173.443(d) to be placarded. Revise Sec. 173.4 to require that excepted packages of radioactive material that also contain small quantities of other hazardous materials are not exempted from the Class 7 related requirements that would be applied if they did not contain small quantities of other hazardous materials, such as the applicable UN number marking. Revise the definition of ``fissile material'' to clarify that certain exceptions are provided in Sec. 173.453. Modify Sec. 173.411(c) to extend the retention period for Type IP-2 and Type IP-3 package documentation from one year to two years after the offerror's latest shipment, to coincide with the minimum retention period for shipping papers. Modify Sec. 173.415(a) to extend the retention period for Type A package documentation from one year to two years after the offerror's latest shipment, to coincide with the minimum retention period currently required for shipping papers. Modify Sec. 173.415(a) to include more detailed language describing the kinds of information to be included as part of the Type A package documentation. Delete paragraph (c) of Sec. 173.416 which allowed the continued use of an existing Type B packaging constructed to DOT specification 6M, 20WC, or 21WC until October 1, 2008. Add a new paragraph in Sec. 173.416 to reference the U.S. Nuclear Regulatory Commission 10 CFR 71.41 provision for special package authorizations by the NRC for domestic shipments of Type B quantities when compliance with all provisions of the regulations is impracticable, but an equivalent level of safety in transport is maintained through alternative means. Delete references to DOT Specification 21PF-1A, 21PF-1B, or 21PF-2 overpacks in paragraph Sec. 173.417(a)(3), as these overpacks are no longer in service. Delete references to DOT Specification 21PF-1A or 21PF-1B overpacks in paragraph Sec. 173.417(b)(3), as these overpacks are no longer in service. Delete paragraph (c) of Sec. 173.417 which allowed the continued use of an existing fissile material packaging constructed to DOT specification 6L, 6M, or 1A2 until October 1, 2008. Add a new paragraph in Sec. 173.417 to reference the U.S. Nuclear Regulatory Commission 10 CFR 71.41 provision for special package authorizations by the NRC for domestic shipments of fissile materials packages when compliance with all provisions of the regulations is impracticable, but an equivalent level of safety in transport is maintained through alternative means. Modify Sec. 173.420 to remove paragraph (a)(2)(ii), which references specifications for DOT-106A multi-unit tank car tanks. Modify Sec. 173.421 to remove paragraph (b) which permits an excepted package of limited quantity radioactive material that is also a hazardous substance or hazardous waste to be shipped without complying with Sec. 172.203(d) or Sec. 172.204(c)(4); and, modify Sec. 173.422 to permit an excepted package of radioactive material that is also a hazardous substance or hazardous waste to be shipped without having to comply with Sec. 172.202(a)(6), Sec. 172.203(d) or Sec. 172.204(c)(4) and require that packages containing hazardous substances be marked with the letters ``RQ.'' Modify Sec. 173.427(a)(6)(v), to remove the placarding exception for shipments of unconcentrated uranium or thorium ores and clarify that all of the placarding requirements of subpart F of part 172 must be met. Modify Sec. 173.427(a)(6)(vi) to require that shipments of low specific activity (LSA) materials or surface contaminated objects (SCO) that contain a subsidiary hazard from another hazard class be labeled for the subsidiary hazard. Require in Sec. 173.443(c) that any conveyance, overpack, freight container, tank, or intermediate bulk container involved in an exclusive use shipment under Sec. 173.427(b)(4), Sec. 173.427(c), or Sec. 173.443(b) be surveyed with appropriate radiation detection instrumentation after each such shipment, and not be permitted to be used for another such shipment until the removable surface contamination meets package contamination limits and the radiation dose rate at each accessible surface is no greater than 0.005 mSv/h (0.5 mrem/h). This essentially restricts the use of the phrase ``returned to service'' to refer only to continued exclusive use service under one of three specific transport scenarios. Revise Sec. 173.453 to insert a phrase that would allow a fissile material exception for uranium enriched in uranium-235 to a maximum of 1 percent by weight under the conditions stated there only if the material in question is essentially homogeneous. Revise Sec. 173.473 to update the reference to the IAEA regulations to the most currently incorporated by reference version rather than the out-dated Safety Series No. 6. [[Page 50335]] Revise Sec. 173.476 to extend the retention period for special form documentation from one year to two years after the offerror's latest shipment, to coincide with the minimum retention period for shipping papers. Revise Sec. 173.477 to extend the retention period for uranium hexafluoride packaging documentation from one year to two years after the offerror's latest shipment, to coincide with the minimum retention period for shipping papers. Delete paragraph (e) of Sec. 174.700, which provides special handling requirements for fissile material, controlled shipments. Replace Sec. 175.702(b) and (c) with a new Sec. 175.702(b) containing an introductory phrase to indicate that the limitations on combined (total) criticality safety indexes found in Sec. 175.700(b) also apply. Delete Sec. 178.358 ``Specification 21PF fire and shock resistant, phenolic-foam insulated, metal overpack'' and Sec. 178.358- 1 through Sec. 178.358-6 as these overpacks are no longer in service. C. Amendments to TS-R-1 Not Being Considered for Adoption in This NPRM Below is a listing of significant amendments to the IAEA regulations made since PHMSA's last harmonization rulemaking that are not being proposed for adoption in this notice with an explanation of why each provision was not proposed. The new TS-R-1 paragraph 109 pertaining to security. The security training requirements in Sec. 172.704 and the security plan requirements in Part 172 Subpart I already sufficiently address this topic. The revised TS-R-1 definition for fissile material, which makes a distinction between ``fissile nuclides'' and ``fissile material,'' because this change would also have to be adopted by the NRC. The TS-R-1 consignor, carrier, and consignee notification requirements in cases of non-compliance with the regulations. The HMR currently contain reporting requirements for consignors and carriers in the event of ``fire, breakage, spillage, or suspected radioactive contamination'' in Sec. Sec. 171.15 and 171.16, and the discovery of ``an undeclared hazardous material'' in Sec. 171.16, and those reporting requirements are adequate and comprehensive. The TS-R-1 provisions pertaining to training. These training requirements are already found in Part 172, Subpart H for all hazardous materials, including Class 7 (radioactive) materials. For materials other than liquids, the TS-R-1 provision requiring that packages containing radioactive material to be transported by air be capable of withstanding, without leakage, an internal pressure that produces a pressure differential of not less than maximum normal operating pressure plus 95 kPa. As noted in Section II.A, above, PHMSA is proposing to adopt this requirement for liquids; however, for solid types of contents PHMSA believes that this requirement is flawed, since it unintentionally prohibits air transport of packages containing solid radioactive contents that do not need airtight containment systems to prevent leakage of the radioactive material under a large drop in external pressure. Consideration of a proposal to incorporate this requirement into the HMR in its entirety is postponed pending the outcome of discussions with IAEA member states regarding this issue. The TS-R-1 change that removes the restriction on radiation level increase as a criterion for passing the additional performance tests required of a Type A package used for liquid Class 7 (radioactive) contents, so that only the containment requirement would have to be satisfied. PHMSA sees no safety justification for this change, and is not proposing to adopt it. The revised TS-R-1 provision pertaining to the fissile material exception on consignment mass limits. The HMR currently has more restrictive requirements, which mirror NRC regulations. The revised TS-R-1 provisions on geometry requirements applicable to tested fissile material packages. This TS-R-1 change is applicable to NRC requirements and is not within the scope of this rulemaking. The TS-R-1 change to replace ``edges'' with ``edge'' when describing the end of a bar used for the penetration test for hypothetical accident conditions. This TS-R-1 change is applicable to NRC requirements and is not within the scope of this rulemaking. (see, however, a similar proposed change to the HMR in Sec. 173.469 for the special form percussion test.) The TS-R-1 revisions pertaining to the solar insolation conditions to be assumed in demonstrating that a Type B(U) package will satisfy the performance tests for normal conditions of transport. This TS-R-1 change is applicable to NRC requirements and is not within the scope of this rulemaking. The TS-R-1 change in the definition of ``multilateral approval.'' The current HMR definition of ``multilateral approval'' is consistent with the TS-R-1 change. The TS-R-1 amendment describing dose ranges for which various radiation protection measures are advised. The HMR do not currently require a radiation protection program, and PHMSA does not intend to address that issue in this rulemaking. The TS-R-1 amendment to list more detailed conditions for the shipment of uranium hexafluoride (UF 6 ). PHMSA believes current requirements in the HMR for transporting uranium hexafluoride are adequate, as supported by the strong safety history for such shipments. III. Section-by-Section Review Part 171 Section 171.7 Section 171.7 lists all standards incorporated by reference into the HMR. PHMSA evaluated the following updated international standards pertaining to transportation of radioactive material and determined that the revised standards provide an enhanced level of safety without imposing significant compliance burdens. These standards have a well- established and documented safety history; their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, PHMSA proposes to update the incorporation by reference material for the ``International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material, 1996 Edition (Revised), No. TS- R-1 (ST-1, Revised),'' and for International Standards Organization standard ``ISO 2919-1980(E) Sealed radioactive sources-- classification.'' The standards would be updated as follows: IAEA, Regulations for the Safe Transport of Radioactive Material, 2009 Edition, Safety Requirements, No. TS-R-1. ISO 2919-1999(E) Radiation Protection--Sealed radioactive sources--General requirements and classification. There are some minor changes in the newer edition of the ISO 2919 Standard. For example, in the requirements for the temperature test for Classes 4, 5, and 6, the 1980 Edition (in paragraph 8.2.2) allows the source used in the high temperature test or a second test source to be used for the thermal shock test. The 1999 Edition (in paragraph 7.2.2) does not allow the use of a second test source. In addition, the 1980 Edition requires only that the test source be held at the maximum temperature for 15 [[Page 50336]] minutes before being subjected to the thermal shock test, while the 1999 edition requires that the source be held at the maximum temperature for at least an hour before carrying out the thermal shock test. Section 173.469 allows the use of the ISO 2919 category 4 impact test as a substitute for the IAEA impact and percussion tests, and the ISO category 6 temperature test as a substitute for the IAEA heat test. To allow consideration for use of sources where these ISO tests are performed instead of the IAEA tests, PHMSA is proposing to allow testing against the 1999 Edition of ISO 2919 in Sec. 173.469, as opposed to the presently referenced 1980 Edition. Furthermore, since the category 6 ISO temperature test for either version of ISO 2919 is more stringent than the IAEA heat test (which requires no thermal shock test at all), PHMSA is not proposing to require tests to be redone for sources that used the 1980 ISO 2919 classification tests to demonstrate their special form character. In Sec. 171.7, PHMSA is also proposing to delete references to specification packages which are being removed from the HMR in this rulemaking. PHMSA is proposing to remove section 178.358 for 21PF overpacks and section 178.360 for 2R vessels, and proposing to revise the table of references by deleting references to those sections and removing entries that were referenced by those sections. Part 172 Section 172.203 Section 172.203 sets forth additional requirements for shipping descriptions on shipping papers. Paragraph (d) currently lists additional information that must be included in the description of a Class 7 (radioactive) material. Paragraph (d)(2) requires the inclusion of the physical and chemical form of the material, if the material is not in special form. PHMSA is proposing to revise paragraph (d)(2) to specify that when a material is in ``special form'' the words ``special form'' must be included in the description, unless those words already appear in the proper shipping name. This ensures that if the material is special form the reader (i.e., carrier, emergency responder, consignee, etc.) is aware that the potential for contamination is negligible. In addition, for most radionuclides, the maximum activity that can be transported in a Type A package is greater for special form radioactive material (maximum activity A 1 ) than for normal form (maximum activity A 2 ), so having the information available puts the stated activity level in perspective for enforcement authorities, emergency responders and carriers, thus reducing the likelihood of delays in transportation or emergency response. Paragraph (d)(3) requires the activity contained in each package of the shipment in terms of the appropriate SI units be listed. In the January 26, 2004 final rule, PHMSA stated that the activity of progeny in radioactive decay chains should be included in the total activity required on shipping papers and labels. However, PHMSA also stated that, when A 1 or A 2 values include contributions from daughter nuclides with half lives less than 10 days, and no daughter has a half life greater than that of the parent, the parent and those daughters are to be treated as a single radionuclide for the contribution of that chain to the ``total activity'' required to be included on the shipping paper and on the labels. PHMSA noted this approach would occasionally lead to a situation where the true activity contents of the package can be greater than the ``total'' activity listed on the shipping paper and labels. PHMSA is proposing to avoid such situations by requiring that the ``total'' activity of all radionuclides present in the package including all parent radionuclides and daughter products, even those daughters that meet the above conditions, be accounted for in the calculation of the total activity to be included on the shipping paper and on the labels. Further, PHMSA is proposing to more closely align with the wording in TS-R-1 by specifying that the activity should be the maximum activity of the radioactive contents during transport. Including the term ``maximum'' clarifies that in situations where the total activity might change during the expected time the package is in transport, the maximum calculated value should be used to properly bound and communicate the hazard of the material during transport. PHMSA is also proposing to amend this paragraph to permit the mass of each fissile nuclide for mixtures when appropriate to be included. Paragraph (d)(4) requires the inclusion in the shipping description of the category of label applied to a Class 7 (radioactive) material package. PHMSA is proposing to revise the example in paragraph (d)(4) to clarify that the word ``RADIOACTIVE'' is not required to be included in the description of the category of label. Section 172.310 This section sets forth marking requirements for packages containing Class 7 (radioactive) materials. Paragraph (b) requires that each industrial, Type A, Type B(U), or Type B(M) package must be legibly and durably marked on the outside of the packaging, in letters at least 13 mm (0.5 in) high with the appropriate marking. However, section 178.350 requires that each Specification 7A packaging comply with the marking requirements of Sec. 178.3, which requires the marking to be at least 12.0 mm (0.47 inches) in height, with exceptions for smaller packages. PHMSA is proposing to correct this discrepancy by amending the section 172.310 marking requirement to be the same as the 178.350 requirements. Section 172.402 This section sets forth additional requirements for the labeling of packages. Paragraph (d) specifies additional labeling requirements for packages containing a Class 7 (radioactive) material. PHMSA is proposing to revise paragraph (d)(1) to clarify that for a package containing a Class 7 (radioactive) material that meets the definition of one or more additional hazard classes a subsidiary label is not required on the package if the non-radioactive material conforms to the small quantity exception in Sec. 173.4, excepted quantities exception in Sec. 173.4a, or de minimis exceptions in Sec. 173.4b. Section 172.403 This section sets forth requirements for the labeling of packages of radioactive material. Paragraph (d) specifies the requirements for the labeling of EMPTY packages and references paragraph 173.428(d). In HM-230, this paragraph was redesignated as 173.428(e), but the reference to it in 172.403(d) was not changed. PHMSA is proposing to correct this reference. PHMSA is also proposing to revise paragraph (g)(2) to be consistent with the change proposed herein for paragraph 172.203(d)(3) to clarify that the activity shown on the label should include the activity of all radionuclides present in the package. PHMSA is proposing to more closely align with the wording in TS-R-1 by specifying that the activity should be the maximum activity of the radioactive contents during transport. Further, PHMSA is proposing to amend the activity printing requirement on the RADIOACTIVE label to permit the mass of each fissile nuclide, as appropriate for mixtures, to be included. Section 172.504 This section sets forth general placarding requirements for bulk [[Page 50337]] packagings, freight containers, unit load devices, transport vehicles or rail cars containing hazardous materials. In Table 1 of the placarding tables in paragraph (e), PHMSA is proposing to require conveyances carrying fissile material packages, unpackaged low specific activity (LSA) material or surface contaminated object (SCO) material in category I (i.e., LSA-I and SCO-I respectively), all conveyances required by Sec. Sec. 173.427 and 173.441 to operate under exclusive use conditions, and all closed vehicles used in accordance with Sec. 173.443(d) to be placarded. Currently, placards are only required for class 7 shipments that have Radioactive Yellow III labels and for exclusive use shipments of LSA material and SCO transported in accordance with Sec. 173.427(b)(4) and (5) or (c). Section 172.505 This section sets forth placarding requirements for subsidiary hazards. In paragraph (b), PHMSA is proposing to remove the reference to ``low specific activity uranium hexafluoride'' as the change PHMSA is proposing to section 173.420, paragraph (e) would require that the uranium hexafluoride shipping description should take precedence over the shipping description for LSA material and thus there would be no shipments of uranium hexafluoride allowed with low specific activity as part of the proper shipping name. The proposed revision to paragraph (e) requires that all shipments of 454 kg (1,001 pounds) or more gross weight of non-fissile, fissile-excepted, or fissile uranium hexafluoride be placarded with a CORROSIVE placard as well as the required RADIOACTIVE placard. Part 173 Section 173.4 Section 173.4 specifies exceptions for transporting small quantities of certain hazardous materials by highway and rail. PHMSA is proposing to revise paragraph (a)(1)(iv) to remove the reference to Sec. 173.425. Currently, paragraph (a)(1)(iv) references Sec. Sec. 173.421, 173.424, 173.425 and 173.426; Sec. Sec. 173.421 and 173.424 already cite the activity limits in Sec. 173.425, while 173.426 is independent of the activity, so long as the dose rate limit of Sec. 173.421(a)(2) is met. In addition, PHMSA is proposing to revise paragraph (b) to specify that small quantities of other hazardous materials that are also Class 7 (radioactive) materials must satisfy the requirements of Sec. 173.421, Sec. 173.424, or Sec. 173.426 in their entirety. As a result, this requires small quantities of other hazardous materials that also meet the definition of a Class 7 (radioactive) material to satisfy the requirements of Sec. 173.422. Consequently this change would require the package to be marked with the UN number for the excepted package category (see Sec. 173.422(a)). This change is proposed for consistency with the situation which would occur if the radioactive material did not have a small quantity of another hazard class; if the other hazard were not present, the UN marking would be required for the excepted radioactive material package. The proposal to add a reference to Sec. 173.426 in paragraph 173.4(b) is made in order to be consistent with paragraph Sec. 173.4(a)(1)(iv). Section 173.25 Section 173.25 sets forth requirements for overpacks of hazardous materials packages. Currently, Sec. 173.25(a)(4) requires an overpack to be marked with ``OVERPACK'' when specification packagings are required and the package markings are not visible; however, for Class 7 that applies only to DOT 7A, Type A packages. PHMSA is proposing to revise that paragraph to require the ``OVERPACK'' marking on all overpacks containing packages of Class 7 (radioactive) materials, unless package type markings representative of each Class 7 package, contained therein, are visible from the outside of the overpack. Section 173.401 PHMSA is proposing to modify the s","truncated":true,"body_characters":175692}