{"operation":"document","citation":"87 FR 55743","title":"Hazardous Materials: 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":"2022-09-12","effective_on":null,"summary":"PHMSA, in coordination with the Nuclear Regulatory Commission, proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards governing the transportation of Class 7 radioactive materials. Specifically, PHMSA proposes to adopt changes contained in the International Atomic Energy Agency standards. Additionally, PHMSA proposes regulatory amendments identified through internal regulatory review processes to update, clarify, correct, or streamline certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2022-18605.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2022-18605.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2022-18605","source_url":"https://www.federalregister.gov/documents/2022/09/12/2022-18605/hazardous-materials-compatibility-with-the-regulations-of-the-international-atomic-energy-agency","body":"Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022) [Federal Register Volume 87, Number 175 (Monday, September 12, 2022)] [Proposed Rules] [Pages 55743-55768] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2022-18605] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 174, 175, 176, and 177 [Docket No. PHMSA-2018-0081 (HM-250A)] RIN 2137-AF42 Hazardous Materials: Compatibility With the Regulations of the International Atomic Energy Agency AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA, in coordination with the Nuclear Regulatory Commission, proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards governing the transportation of Class 7 radioactive materials. Specifically, PHMSA proposes to adopt changes contained in the International Atomic Energy Agency standards. Additionally, PHMSA proposes regulatory amendments identified through internal regulatory review processes to update, clarify, correct, or streamline certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials. DATES: Comments must be received by December 12, 2022. To the extent possible, PHMSA will consider late-filed comments as a final rule is developed. ADDRESSES: You may submit comments by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov . Follow the online instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System. U.S. Department of Transportation, Docket Operations, M- 30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA-2018- 0081 (HM-250A) or RIN 2137-AF42 for this rulemaking at the beginning of your [[Page 55744]] comment. Note that all comments received will be posted without change to http://www.regulations.gov , including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. Docket: For access to the dockets to read background documents or comments received, go to http://www.regulations.gov or the DOT Docket Operations Office (see ADDRESSES). Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ``PROPIN'' for ``proprietary information.'' Submissions containing CBI should be sent to Alexander Wolcott, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Alexander Wolcott, Standards and Rulemaking Division, (202) 366-8553, or Rick Boyle, Engineering and Research Division, (202) 366-2993, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Background III. Incorporation by Reference Discussion Under 1 CFR Part 51 IV. Overview of Proposed Amendments A. Amendments To Harmonize With the 2012 SSR-6 and 2018 SSR-6, Rev. 1 B. Other Proposed Amendments C. Amendments Not Being Considered for Proposal V. Section-by-Section Review VI. Regulatory Analyses and Notices A. Statutory/Legal Authority B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act and Executive Order 13272 F. Paperwork Reduction Act G. Unfunded Mandates Reform Act of 1995 H. Environmental Assessment I. Privacy Act J. Executive Order 13609 and International Trade Analysis K. Executive Order 12898 and Environmental Justice L. National Technology Transfer and Advancement Act I. Executive Summary PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), proposes to amend certain provisions of the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with International Atomic Energy Agency (IAEA) regulations and standards. Additionally, PHMSA proposes regulatory amendments identified through internal regulatory review processes to update, clarify, correct, or streamline certain regulatory requirements applicable to the transportation of Class 7 radioactive materials. PHMSA expects adoption of the regulatory amendments proposed in this NPRM will maintain the high safety standard currently achieved under the HMR. PHMSA also notes that--insofar as harmonization of the HMR with international consensus standards as proposed could reduce delays and interruptions of hazardous materials shipments during transportation--the proposed amendments may also lower greenhouse gas (GHG) emissions and safety risks to minority, low-income, underserved, and other disadvantaged populations, and communities in the vicinity of interim storage sites and transportation arteries and hubs. The following list summarizes the more noteworthy proposals set forth in this NPRM: Incorporation by Reference: PHMSA proposes to incorporate by reference IAEA's 2018 Edition of Regulations for the Safe Transport of Radioactive Material, Safety Standards Series No. SSR-6 (Rev.1); American National Standard Institute's (ANSI) N14.1 Uranium Hexafluoride--Packaging for Transport, 2012 Edition; and ANSI's N14.1 Uranium Hexafluoride--Packaging for Transport, 2019 Edition. Scope and Applicability of Subpart I (Radioactive Materials Packaging Requirements): PHMSA proposes to except certain shipments from the requirements of subpart I of the HMR by amending Sec. 173.401. First, PHMSA proposes to amend Sec. 173.401(b)(4) to specify that Sec. 173.401 does not apply to all natural material and ores containing naturally-occurring radionuclides regardless of the intended use, provided the activity concentration of the material does not exceed 10 times the exempt material activity concentration values specified in Sec. 173.436, or as determined in accordance with the requirements of Sec. 173.433. Currently, only natural materials and ores processed for purposes other than extraction of the radionuclides are excepted in Sec. 173.401(b). As written, the HMR treats identical radioactive materials differently based on the intended use and not the hazard presented. Second, PHMSA proposes to revise Sec. 173.401(b)(2) to provide an exception for a person being transported for medical treatment because of accidental or deliberate intake of radioactive material, or because of contamination. Currently, Sec. 173.401 provides an exception from subpart I for radioactive materials implanted into people or animals for diagnosis or treatment, but not for radioactive material present in or on an individual due to contamination. The second proposed amendment would address these additional circumstances and facilitate the transportation of people and their effects--such as clothing or other items on their person--who have been contaminated and need to be transported for medical treatment. Surface Contaminated Object--III (SCO-III): PHMSA proposes to revise the definition for ``Surface Contaminated Object'' (SCO) in Sec. 173.403 to include ``SCO-III.'' This new form of surface contaminated object is meant for large solid objects (e.g., a steam generator, reactor coolant pump, pressurizer, or reactor head component, etc.) that cannot be transported in a package. The requirements for transporting SCO-III material are proposed in Sec. 173.427. Currently, such shipments can only be transported using a DOT special permit. Aging of Packages: PHMSA proposes to amend Sec. 173.410 to require package manufacturers to consider the effects of aging during the design process. The proposed language requires manufacturers to evaluate the potential degradation phenomena over time, such as corrosion, abrasion, fatigue, crack propagation, changes of material compositions or mechanical properties due to thermal loadings or radiation, generation of decomposition gas, as well as their impact on the functions important to safety. Package engineers already consider these factors when they design radioactive packages; however, there is no specific requirement related to the aging of packaging designs. The codification of [[Page 55745]] this best practice would help to ensure that radioactive packagings remain safe throughout their life cycle. PHMSA expects that some of the proposed amendments represent improvements in safety--e.g., transport index limits and packaging aging--while none would have significant negative impacts on public safety or the environment. Additionally, PHMSA anticipates safety benefits from improved compliance related to consistency between domestic and international regulations. PHMSA solicits comment on the amendments proposed in this NPRM, specifically the: (1) need for the proposals, including benefits and costs of those actions; (2) potential impacts on safety and the environment; impact on environmental justice and equity; and (3) any other relevant information. In addition, PHMSA solicits comment regarding approaches to reducing the costs of this rulemaking while maintaining or increasing safety benefits. In its preliminary regulatory impact analysis (PRIA), PHMSA concluded that the aggregate benefits of the amendments proposed in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits comment on specific changes (e.g., greater flexibility for a particular proposal) that might improve the safe transportation of radioactive materials. II. Background The Federal Hazardous Materials Transportation Act (codified at 49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant international standard-setting bodies and encourages alignment of the HMR with international transport standards consistent with the promotion of safety and the public interest.\\1\\ This statutory mandate reflects the importance of international standard-setting activity when considering the globalization of commercial transportation of hazardous materials. Harmonization of the HMR with international transport standards, as appropriate, can reduce the costs and other burdens of complying with multiple or inconsistent safety requirements. Consistency between the HMR and current international standards can also enhance safety by: (1) ensuring that the HMR is informed by the latest best practices and lessons learned; (2) improving understanding of and compliance with pertinent requirements; (3) facilitating the smooth flow of hazardous materials from their points of origin to their points of destination, thereby avoiding risks to the public and the environment from the release of hazardous materials due to delays or interruptions in the transportation of those materials; and (4) enabling consistent emergency response procedures in the event of a hazardous materials incident. --------------------------------------------------------------------------- \\1\\ See 49 U.S.C. 5120. --------------------------------------------------------------------------- Under their respective statutory authorities, PHMSA and the NRC jointly regulate the transportation of radioactive materials to, from, and within the United States. In accordance with the 1979 Memorandum of Understanding (MOU) \\2\\ between DOT and NRC: --------------------------------------------------------------------------- \\2\\ 44 FR 38690. A copy of the MOU has been placed in the docket for this rulemaking at www.regulations.gov . --------------------------------------------------------------------------- PHMSA regulates both shippers and carriers with respect to: [cir] packaging requirements; [cir] communication requirements for: [ssquf] shipping paper contents; [ssquf] package labeling and marking; [ssquf] vehicle placarding; and [cir] training and emergency response requirements. NRC requires its licensees to satisfy requirements to protect public health and safety, to assure the common defense and security, and: [cir] certifies Type B and fissile material package designs and approves package quality assurance programs for its licensees; [cir] provides technical support to PHMSA and works with PHMSA to ensure consistency with respect to the transportation of Class 7 (radioactive) materials; and [cir] conducts inspections of licensees and an enforcement program within its jurisdiction to assure compliance with its requirements. Historically, PHMSA and NRC--and their predecessor agencies--have, to the extent practicable, harmonized their respective regulations to maintain compatibility with the IAEA's regulations. The Safety Series No. 6, ``Regulations for the Safe Transport of Radioactive Material,'' was first published by IAEA in 1961 and revised in 1964, and again in 1967. On October 4, 1968, DOT adopted harmonizing amendments to the HMR.\\3\\ Additional revisions were made by IAEA in 1973 and 1985, and DOT then codified these revisions in the HMR.\\4\\ IAEA completed a major revision to the Safety Series No. 6--renamed ``Regulations for the Safe Transport of Radioactive Material, 1996 Edition, No. ST-1''--in 1996 and later republished it in 2000 to include minor editorial changes, at which time the previous designation was changed to ``Regulations for the Safe Transport of Radioactive Material, 1996 Edition, No. TS-R-1, (ST-1, Revised).'' On January 26, 2004, PHMSA adopted harmonizing amendments to the HMR.\\5\\ Then, on July 11, 2014, PHMSA adopted the updates of the 2003, 2005 and 2009 editions in the HMR.\\6\\ Finally, on January 8, 2015, PHMSA incorporated by reference the 2012 edition of the SSR,\\7\\ but did not fully harmonize the HMR's requirements with the changes made in that edition. --------------------------------------------------------------------------- \\3\\ 33 FR 14918. \\4\\ 48 FR 10218 (Mar. 10, 1983) and 60 FR 50291 (Sep. 28, 1995). \\5\\ 69 FR 3632. \\6\\ 79 FR 40589. \\7\\ 80 FR 1075. --------------------------------------------------------------------------- In this NPRM, PHMSA proposes to amend the HMR to align with the sections of 2012 SSR-6 the HMR do not currently harmonize with and 2018 SSR-6, (Rev. 1), which includes changes made to the IAEA regulations since PHMSA's rulemaking in 2014.\\8\\ Furthermore, PHMSA proposes to incorporate by reference 2018 SSR-6, (Rev. 1) and the 2012 and 2019 editions of ANSI N14.1: Uranium Hexafluoride--Packaging for Transport. Additionally, PHMSA proposes regulatory amendments identified through internal regulatory review processes to update, clarify, correct, or streamline certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials. --------------------------------------------------------------------------- \\8\\ 79 FR 40589. --------------------------------------------------------------------------- PHMSA is working closely with NRC in the development of this rulemaking and anticipates that NRC will publish a parallel rulemaking. PHMSA and NRC will coordinate the development and publication schedules for the final rules and, if necessary, PHMSA may issue a supplemental notice of proposed rulemaking to ensure that the DOT and NRC rules are compatible. This NPRM addresses only the areas for which DOT has jurisdiction as defined in the MOU with NRC. Comments responding to any parallel NRC NPRM should be submitted in accordance with the public participation guidelines established by NRC in 10 CFR part 2 subpart H. III. Incorporation by Reference Discussion Under 1 CFR Part 51 According to the Office of Management and Budget's (OMB) Circular A-119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,'' government agencies must use voluntary consensus standards wherever practical in the development of regulations. PHMSA currently incorporates by reference into the HMR all or the [[Page 55746]] relevant parts of several standards and specifications developed and published by standard development organizations (SDO). In general, SDOs update and revise their published standards every two to five years to reflect modern technology and best technical practices. The National Technology Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104- 113) directs Federal agencies to use standards developed by voluntary consensus standards bodies in lieu of government-written standards unless to do so would be inconsistent with applicable law or otherwise impracticable. Voluntary consensus standards bodies develop, establish, or coordinate technical standards using agreed-upon procedures. OMB issued Circular A-119 to implement section 12(d) of the NTTAA relative to the utilization of consensus technical standards by Federal agencies. This circular provides guidance for agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in the NTTAA. Consistent with the requirements of the NTTAA and its statutory authorities, PHMSA is responsible for determining which standards should be updated, revised, removed, or added to the HMR. Revisions to materials incorporated by reference in the HMR are handled via the rulemaking process, which allows the public and regulated entities to provide input. During the rulemaking process, PHMSA must also obtain approval from the Office of the Federal Register to incorporate by reference any new materials. Regulations of the Office of the Federal Register require that agencies detail in the preamble of an NPRM the ways the materials it proposes to incorporate by reference are reasonably available to interested parties, or how the agency worked to make those materials reasonably available to interested parties. (See 1 CFR 51.5.) PHMSA proposes to incorporate by reference ``Specific Safety Requirements Number SSR-6, Revision 1: Regulations for the Safe Transport of Radioactive Material 2018 Edition'' (2018 SSR-6, Rev. 1) and the 2012 and 2019 editions of ANSI N14.1: Uranium Hexafluoride-- Packaging for Transport. A summary and discussion of these standards can be found in ``V. Section-by-Section Review'' under Sec. 171.7. The IAEA regulations are free and easily accessible to the public on the internet, with access provided through the parent organization website at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material . The 2012 and 2019 editions of ANSI N14.1 are available for purchase on the ANSI website at: https://webstore.ansi.org/Standards/PCC/ANSIN142012 and https://webstore.ansi.org/Standards/PCC/ANSIN142019 respectively. IV. Overview of Proposed Amendments PHMSA proposes amendments to the HMR based on updates to the 2012 and 2018 editions of the IAEA Safety Standards: 2012 SSR-6 and 2018 SSR-6, Rev. 1. As proposed, the amendments would continue to maintain compatibility between the HMR and the IAEA regulations. PHMSA does not intend to make the HMR identical to the IAEA regulations but, rather, to remove or avoid potential barriers to international commerce while adhering to domestic law, reflecting domestic practices, and maintaining public health and safety. Accordingly, PHMSA is not proposing to adopt all the recent updates into the HMR because the framework or structure of the HMR may make adoption unnecessary or impractical. In such cases, there is no added benefit to safety that might outweigh the impracticality of adoption. A. Amendments To Harmonize With the 2012 SSR-6 and 2018 SSR-6, Rev. 1 In consideration of updates in 2012 SSR-6 and 2018 SSR-6, Rev. 1, PHMSA proposes to amend the HMR as follows: Revise paragraph Sec. 171.7(s) to incorporate by reference the revised 2018 SSR-6, Rev. 1 into the HMR. Revise Sec. 172.101 to add the new SCO-III, so that the proper shipping name of UN2913 reads ``Radioactive Material, surface contaminated objects (SCO-I, SCO-II, or SCO-III) in the Hazardous Materials Table (HMT). Add new language to Sec. 172.203(d)(4) and (5) to allow for the label type and transport index of overpacks to be listed on shipping papers. Clarify Sec. 172.310 to state that markings on a package that do not relate to the material in the package must be removed or covered before shipment. Add a provision to Sec. 173.401(b)(2) to include persons contaminated by radioactive material transported for medical treatment. Add a new term ``dose rate'' in Sec. 173.403. Revise the definition of Low specific activity (LSA) material in Sec. 173.403 to remove the leaching prevention requirement for LSA-III material. Revise the definition of Special Form Class 7 (radioactive) in Sec. 173.403 to adopt a newer standard for the design of these materials. Revise the definition of Surface Contaminated Object (SCO) in Sec. 173.403 to add a new SCO-III material. Revise Sec. 173.410(i)(3) to require that all Class 7 materials--not just liquids--be capable of withstanding an internal pressure that produces a pressure differential of not less than the maximum normal operating pressure plus 95 kPa. Add a new paragraph (j) to Sec. 173.410 to require that aging be considered when designing packages for Class 7 materials. Amend Sec. 173.417(a) to allow the import and export of fissile material packages that meet IAEA requirements for criticality safety index control without package certification by Competent Authorities. Add requirements to Sec. 173.427 for the new SCO-III materials, including a new Sec. 173.427(d) to require vehicles transporting the new SCO-III materials be properly surveyed for residual radioactivity after each shipment. Add a new paragraph (i) to Sec. 173.433 to allow a stakeholder to apply for an approval to allow certain instruments or articles to have an alternative activity limit. Add seven new radionuclides to the Table of A 1 and A 2 values for radionuclides. in Sec. 173.435. Add seven new radionuclides to the Table of Exempt material activity concentrations and exempt consignment activity limits for radionuclides in Sec. 173.436. Add reference in Sec. 173.443 to the new Sec. 173.427(d) to require vehicles transporting the new SCO-III materials be properly surveyed for residual radioactivity after each shipment. Revise Sec. 173.448 to require overpacks to be marked with the name and address of the consigner and consignee if this information cannot be seen on the packages. Amend Sec. 173.453(d) to add another condition to the existing exception to require fissile material be distributed homogeneously and not form a lattice arrangement within the package. Add a new paragraph (g) to Sec. 173.453 to allow a fissile material exception for packages containing up to 3.5 grams of uranium-235 where the uranium-235 is not more than 5 percent of the material. Add a new paragraph (h) to Sec. 173.453 to allow an exception for up to 140 grams fissile nuclides when shipped under exclusive use. Add a new paragraph (j) to Sec. 173.475 to require proper maintenance of shipments of Class 7 materials while in storage. [[Page 55747]] B. Other Proposed Amendments In addition to the amendments proposed for harmonization with 2012 SSR-6 and 2018 SSR-6, Rev. 1, PHMSA proposes the following regulatory amendments identified through internal regulatory review processes to update, clarify, correct, or streamline certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials: Revise paragraph (d) of Sec. 171.7 to remove reference to Sec. 173.417 and add the 2012 and 2019 editions of ANSI N14.1: Uranium Hexafluoride--Packaging for Transport. Amend the Sec. 172.101 HMT to remove the reference to Sec. 173.427 from columns 8B and 8C for ``UN2978, Radioactive material, uranium hexafluoride.'' Amend Sec. 172.102(c)(1) to remove the reference to Sec. 173.472, which is proposed to be deleted. Amend paragraph (d) of Sec. 172.203 to require a list of the fissile nuclides contained in a package be included on a shipping paper. Add new language to Sec. 173.415 to clarify documentation requirements. Add new language to Sec. 173.417 to provide a provision for fissile material when offered for import or export. Add new language to Sec. 173.420 to reference Sec. 173.477 which is the relevant packaging section for the material. Add new language to Sec. 173.420 to reference Sec. 171.7 where American National Standard N14.1 is referenced. Revise Sec. 173.424 to correct a referenced section and allow transport of packages that contain fissile material only if excepted by Sec. 173.453. Revise Sec. 173.431(b) to remove the reference to Sec. 173.472, which is proposed to be deleted. Add a clarification to footnote ``b'' of Sec. 173.436 to state that in the case of Th-natural, the parent nuclide is Th-232, and in the case of U-natural the parent nuclide is U-238. Add a new paragraph to Sec. 173.447. Paragraph (b) will be redesignated as (c), and new paragraph (b) will be added, which will limit groups of Class 7 (radioactive) packages to a transport index of 50 and require a minimum distance of 6 meters (20ft) between groups of packages. Remove Sec. 173.472 because Type B packages were previously removed from the HMR. Revise the leakage and contamination sections of the modal-specific requirements, specifically--Sec. Sec. 174.750, 175.705, 176.715, and 177.843--to reference the existing Sec. 173.443(e). C. Amendments Not Being Considered for Proposal PHMSA is not proposing to adopt all the updates made to the IAEA regulations since 2012 into the HMR. In many cases, amendments to the IAEA standards are not proposed for adoption because the framework or structure of the HMR makes adoption unnecessary or impractical. Below is a listing of significant amendments to the IAEA regulations made since PHMSA's 2014 rulemaking that are not being proposed for adoption at this time. PHMSA is not replacing the term ``radiation level'' with ``dose rate'' throughout the HMR because the term ``dose rate'' is already used in the HMR as a synonym for ``radiation level.'' Instead, PHMSA proposes to add a definition for ``dose rate'' that will duplicate the current HMR definition for ``radiation level.'' PHMSA is not adopting all of the changes in the IAEA fissile material exceptions in SSR-6 paragraphs 417 and 674 for material shipped with beryllium, hydrogenous material enriched in deuterium, graphite, and other allotropic forms of carbon (except for international shipments), and paragraph 675, which exempted certain plutonium shipments from some packaging requirements. Instead, PHMSA proposes to adopt changes consistent with the changes that NRC has identified in the Regulatory Basis for NRC Docket 2016-0179. V. Section-by-Section Review A. Part 171 Section 171.7 Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR. PHMSA proposes to incorporate by reference ``Specific Safety Requirements Number SSR-6, Revision 1: Regulations for the Safe Transport of Radioactive Material 2018 Edition'' (2018 SSR-6, Rev. 1) and the 2012 and 2019 editions of ANSI N14.1: Uranium Hexafluoride--Packaging for Transport. IAEA's SSR-6 Rev.1 regulates the transportation of radioactive materials internationally. PHMSA evaluated the updated standards and determined that the revisions provide an enhanced level of safety without imposing significant compliance burdens. These standards have well-established and documented safety histories, and their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, PHMSA proposes to add or revise the following incorporation by reference materials: In paragraph (d), remove reference to Sec. 173.417 and incorporate by reference the 2012 and 2019 editions of ANSI N14.1: Uranium Hexafluoride--Packaging for Transport in addition to the versions currently listed in Sec. 171.7(d). PHMSA proposes to remove the reference to Sec. 173.417 from this paragraph because Sec. 173.417 does not reference the ANSI N14.1 standard. The language in Sec. 173.417 pertains to shipments of less than 0.1 kg of uranium hexafluoride while ANSI N14.1 only pertains to shipments exceeding 0.1 kg and those requirements are found in the other listed section, see Sec. 173.420. The new editions of ANSI N14.1 provide criteria for packaging uranium hexafluoride for transportation and cover design and fabrication of the packaging, service inspection requirements, cleanliness, maintenance requirements, and cylinder loading requirements. PHMSA has incorporated this standard in its regulations since 1971, and it remains the industry standard for shipping uranium hexafluoride. The changes from the 2001 version to the proposed 2019 version include requirements for the use of ``plugs'' that were not previously allowed and provisions for converting imperial units to metric, as well as harmonization with the 2018 SSR-6, Rev. 1 and additional best practices including incorporating standards from ASTM International. PHMSA believes that the 2019 edition adds an increased level of safety by bringing in updated safety requirements, while allowing more flexibility in packaging. While the 2019 edition of ANSI N14.1 will be the required standard for new uranium hexafluoride packages, older packages may remain in service provided that repairs, markings, and periodic tests and inspections comply with the 2019 edition. The changes to the inspection, testing, and repair requirements between the 2001 and 2019 editions are largely formatting changes, and PHMSA does not believe that the revisions will necessitate the removal of existing packaging from circulation. Further, by incorporating both the proposed editions, packages built to the 2012 edition will be permitted in accordance with Sec. 173.420. However, new packages will still need to be manufactured to the 2019 standard. The ANSI N14.1: Uranium Hexafluoride--Packaging for Transport 2012 and 2019 editions are available for purchase at the following websites: 2012 Edition: https://webstore.ansi.org/standards/pcc/ ansin142012 2019 Edition: https://webstore.ansi.org/standards/pcc/ ansin142019 [[Page 55748]] In paragraph (s)(1), incorporate by reference the 2018 edition of the IAEA Regulations for the Safe Transport of Radioactive Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the 2012 edition, which is currently referenced in Sec. Sec. 171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The IAEA regulations establish standards of safety for control of the radiation, criticality, and thermal hazards to people, property, and the environment associated with the transport of radioactive materials. Notable changes from the previous edition include clarification of marking requirements, a new group of surface contaminated objects (SCO- III) for UN2913, and amendments to basic radionuclide values (activity of the radionuclide as listed in Sec. 173.435) for seven specific radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 and Tb- 161). The Regulations for the Safe Transport of Radioactive Material are available for download and purchase in hard copy on the IAEA website at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material . B. Part 172 Section 172.101 HMT The HMT provides the terms and conditions governing transportation of hazardous materials under the HMR. For each entry, the HMT identifies information such as the proper shipping name, UN identification number, and hazard class. The HMT specifies additional information or reference requirements in the HMR such as hazard communication, packaging, quantity limits aboard aircraft, and stowage of hazardous materials aboard vessels. PHMSA proposes to revise the entry for ``UN2978, Radioactive material, uranium hexafluoride'' to remove the reference to Sec. 173.427, and revise the entry for ``UN2913, Radioactive material, surface contaminated objects (SCO-I or SCO-II)'' to add the new SCO-III material. In the July 11, 2014, final rule,\\9\\ PHMSA added paragraph (e) to Sec. 173.420, which details additional shipping requirements for shipments of Uranium hexafluoride (UF 6 ) and requires the UN number and proper shipping name--``UN2978, Radioactive material, uranium hexafluoride''--to be used for packages containing 0.1 kg or more of non-fissile or fissile-excepted UF 6 . Paragraph (e) was added to clarify that ``when there is more than one way to describe a UF 6 shipment, the proper shipping name and UN number for the uranium hexafluoride should take precedence over the shipping description for LSA material.'' However, PHMSA inadvertently failed to remove the reference to Sec. 173.427 (regarding, in relevant part, transport requirements for LSA material) from the non-bulk and bulk packaging provisions in the 2014 final rule. The HMT entry for ``UN2978'' should reference only Sec. 173.420 (regarding requirements for uranium hexafluoride). Compliance with the HMT as written could result in the use of an incorrect packaging provision, a safety concern that could lead to a dangerous situation. Therefore, PHMSA proposes to amend the entry for ``UN2978, Radioactive material, uranium hexafluoride'' to remove the reference to Sec. 173.427 and ensure proper packaging is used and safety is maintained. --------------------------------------------------------------------------- \\9\\ 81 FR 40590. --------------------------------------------------------------------------- Additionally, PHMSA proposes to change the parenthetical text in the entry for ``UN2913, Radioactive material, surface contaminated objects (SCO-I or SCO-II)'' to read ``(SCO-I or SCO-II or SCO-III).'' This change is consistent with the addition of the new SCO-III material discussed in this NPRM. See SECTIONS 173.403 and 173.427 of the Section-by-Section Review for further details on this proposed change. Section 172.102 Special Provisions Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials and contains various provisions including packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of such hazardous materials. PHMSA proposes to amend special provision 139 to remove the reference to Sec. 173.472 because in this NPRM, PHMSA proposes to remove Sec. 173.472 from the HMR. See Section 173.472 of the Section-by-Section Review for further details. Section 172.203 Section 172.203 prescribes additional requirements for shipping descriptions on shipping papers. Paragraph (d) lists information that must be included in the description of a Class 7 (radioactive) material, such as the category of label applied to a package as referenced in paragraph (d)(4). PHMSA proposes to revise paragraphs (d)(4) and (5) by adding the words ``or overpack'' to those paragraphs. This proposed change would allow shippers to list the label and the sum of the transport indices of the overpack on the shipping paper, instead of the individual packages. PHMSA believes that this change would provide cost savings without compromising safety by reducing the time it takes for an offeror to fill out a shipping paper. This change would also harmonize with the IAEA standards and account for the common use of overpacks for shipping Class 7 (radioactive) materials. Additionally, PHMSA proposes to revise paragraph (d)(6) to require shipping papers for shipments containing fissile Class 7 (radioactive) material to list the nuclides of the fissile material in the package. This proposed change would provide information on which fissile nuclides are present in the package--e.g., plutonium-239, plutonium- 241, uranium-233, or uranium-235--but would only affect shipments where the fissile nuclides are not listed on the shipping paper in accordance with the requirements of Sec. 173.433(g), and the fissile materials are not excepted under Sec. 173.453. As the HMR is currently written, it is possible that such a package could be assigned a criticality safety index (CSI), but have no fissile nuclides listed on the shipping paper as it does not meet the threshold set out in Sec. 173.433. A CSI is assigned to fissile materials using a calculation in 10 CFR part 71 to provide control over the accumulation of packages, overpacks, or freight containers containing fissile material. As this may lead to confusion in transportation and possibly delay shipments, we have proposed this revision to paragraph (d)(6). Section 172.310 Section 172.310 prescribes marking requirements for packages containing Class 7 (radioactive) materials. Specifically, paragraph (b) requires that each industrial, Type A, Type B(U), or Type B(M) package must be legibly and durably marked on the outside of the packaging. PHMSA proposes to make a revision to paragraph (b) which clarifies the existing requirement to remove markings that do not correspond with the package being shipped. For example, if an offeror's package meets the requirements for a Type A package and radioactive materials are then removed, any markings identifying the package as a Type A package must be removed or covered. Improperly labeled packages misrepresent the hazard present in the package, which could lead to potentially dangerous situations, especially if the label underrepresents the hazard present. This proposed clarification will increase compliance and decrease the likelihood of a dangerous situation occurring, thus [[Page 55749]] improving the safe transportation of these packages. Additionally, PHMSA proposes to revise paragraph (e) to remove reference to Sec. 173.472 to reflect the proposal to remove Sec. 173.472 from the HMR. See Section 173.472 of the Section-by-Section Review for further details. C. Part 173 Section 173.401 Section 173.401 contains the scope of subpart I of Part 173 of the HMR, including situations that are excepted from the requirements of subpart I. Sub-paragraph 107(d) of the IAEA regulations contains an exception for radioactive material in--or on--a person who is to be transported for medical treatment because of accidental or deliberate radiation intake or contamination. Currently, Sec. 173.401(b)(2) of the HMR provides an exception from subpart I of Part 173 for radioactive material implanted into people or animals for diagnosis or treatment, but not from contamination. Therefore, PHMSA proposes to add a new paragraph (b)(6) for a medical exception to Sec. 173.401, which would facilitate the transportation of people and their effects--such as clothing or other items on their person--who have been contaminated and need to be transported for medical treatment. Additionally, PHMSA proposes to revise Sec. 173.401(b)(4) to specify that ","truncated":true,"body_characters":168664}