[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Rules and Regulations]
[Pages 40589-40618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15514]



[[Page 40589]]

Vol. 79

Friday,

No. 133

July 11, 2014

Part V





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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





Hazardous Materials: Compatibility With the Regulations of the 
International Atomic Energy Agency (RRR); Final Rule

Federal Register / Vol. 79 , No. 133 / Friday, July 11, 2014 / Rules 
and Regulations

[[Page 40590]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

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


Hazardous Materials: Compatibility With the Regulations of the 
International Atomic Energy Agency (RRR)

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

ACTION: Final rule.

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SUMMARY: PHMSA, in coordination with the Nuclear Regulatory Commission 
(NRC), is amending 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.'' 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: Effective date: October 1, 2014.
    Voluntary compliance date: PHMSA is authorizing voluntary 
compliance beginning July 11, 2014.
    Delayed compliance date: Unless otherwise specified, compliance 
with the amendments adopted in this final rule is required beginning 
July 13, 2015.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register as of October 1, 2014.

FOR FURTHER INFORMATION CONTACT: Steven Webb, 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., 2nd Floor, Washington, DC, 20590-0001.

SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Background
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    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 Safe Transport of Radioactive Material, 2009 
Edition, Safety Requirements, No. TS-R-1'' (hereinafter referred to as 
``TS-R-1.'') \1\ Additionally, PHMSA is making other changes to amend 
or clarify the requirements for transport of radioactive materials. 
These changes will help ensure that the classification, packaging 
requirements, and hazard communication requirements for shipments of 
radioactive materials provide the requisite level of public safety and 
are consistent with those employed throughout the world.
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    \1\ A copy of the 2009 Edition of TS-R-1may be obtained from the 
U.S. distributors, Bernan, 15200 NBN Way, P.O. Box 191, Blue Ridge 
Summit, PA 17214, telephone 800-865-3457, email: 
customercare@bernan.com, or Renouf Publishing Company Ltd., 812 
Proctor Ave., Ogdensburg, NY 13669, telephone: 1-888-551-7470, 
email: orders@renoufbooks.com. An electronic copy of TS-R-1 has been 
placed in the docket of this rulemaking and may also be found at the 
following IAEA Web site: http://www-pub.iaea.org/MTCD/publications/PDF/Pub1384_web.pdf.
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    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 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. DOT regulates both shippers and carriers with respect to:
    A. Packaging requirements;
    B. Communication requirements for:
    [ssquf] Shipping paper contents,
    [ssquf] Package labeling and marking requirements, and
    [ssquf] Vehicle placarding requirements;
    C. Training and emergency response requirements; and
    D. Highway routing requirements.\2\
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    \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 Federal Motor 
Carrier Safety Administration. 49 CFR part 397, subpart D.
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    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

[[Page 40591]]

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. Amendments 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 
title 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.\3\ PHMSA published a notice of 
proposed rulemaking (NPRM) on August 12, 2011 (76 FR 50332) that 
proposed 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 
final rule, PHMSA is adopting the proposal with some changes. In 
addition to changes to harmonize with TS-R-1, PHMSA is enacting 
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. Notable amendments to the HMR in this final 
rule include the following:
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    \3\ In 2012, the IAEA published the Specific Safety 
Requirements-6 (SSR-6) which may be addressed in a future 
rulemaking.
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     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.''
     Revise Sec. Sec.  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 Sec.  172.504 to additionally require 
conveyances carrying unpackaged LSA-I material or SCO-I, all 
conveyances required by Sec. Sec.  173.427, 173.441, and 173.457 to 
operate under exclusive use conditions, and all closed vehicles used in 
accordance with Sec.  173.443(d) to be placarded. This change is a 
result of internal PHMSA review.
     Update definitions in Sec.  173.403 for contamination, 
criticality safety index (CSI) for conveyances, fissile material, LSA, 
and radiation level. These changes are proposed primarily to align with 
definitions in the TS-R-1, and the change to the definition of 
``criticality safety index'' is made to align with the NRC definition.
     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 Sec.  173.427 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 exclusive 
use 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). These changes are 
a result of internal PHMSA review.
     Update matter incorporated by reference to align with 
updated references in the TS-R-1 in Sec.  171.7 and applicable 
sections.
     Clarify labeling requirements for radioactive shipments 
with subsidiary hazards in Sec.  172.402. This change is a result of 
internal PHMSA review.
     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 Sec.  173.443. This will more closely 
align with the requirements in TS-R-1.
    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 May 16, 2013 (78 FR 28988). PHMSA anticipates that NRC 
will publish a parallel final rule 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 the NRC and 
PHMSA regulations. PHMSA and the NRC have coordinated the development 
and publication schedules for the final rules. Several actions have 
been taken to mitigate possible problems that may arise from such 
asynchronous publication, including but not limited to: A delayed 
mandatory compliance date, enforcement guidance/discretion, and 
deferred consideration of a proposed change to Sec.  173.453 regarding 
a fissile material exception for uranium enriched in uranium-235. PHMSA 
believes these actions, most specifically the delayed mandatory 
compliance date, will allow the NRC to complete its rulemaking cycle 
and to publish a final rule with an effective date in line with our 
effective date. This final rule addresses only the areas for which DOT 
has jurisdiction as defined in the MOU with NRC.
    In response to the 2011 NPRM we received comments from the 
following persons, companies, associations and other entities:

 Alaska Inter-Tribal Council
 B&W Y-12 L.L.C. (B&W)
 Energy Solutions
 J. L. Shepherd & Associates (J. L. Shepherd)
 Lawrence Laude
 Nuclear Information and Resource Service (NIRS) & Citizens for 
Alternatives to Chemical Contamination (CACC) (NIRS & CACC)
 QSA Global Inc. (QSA Global)
 Regulatory Resources
 The Pennsylvania State University (Penn State)
 U.S. Army Corps of Engineers (USACE)
 United States Enrichment Corporation (USEC)
 Veolia ES Technical Solutions, L.L.C. (Veolia)

    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

[[Page 40592]]

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.
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    \4\ Comments which were outside the scope of this rulemaking are 
not addressed in this final rule.
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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 International Organization for Standardization standard 
``ISO 2919-1980(E) Sealed radioactive sources--classification'' with 
``ISO 2919-1999(E) Radiation Protection--Sealed radioactive sources--
General requirements and classification,'' applicable to Sec.  
173.469(d).
    We are removing from Sec.  171.7 all entries that are only listed 
in Sec. Sec.  178.356 and 178.358 covering the construction and use of 
20PF and 21PF specification overpacks, respectively. These overpacks 
are no longer authorized in hazardous materials regulations. We are 
also deleting references to 2R vessels, and any materials incorporated 
by reference solely into Sec.  178.360. The specifications for these 
packages are being removed from Sec. Sec.  178.356, 178.358, and 
178.360, respectively, as discussed below. J. L. Shepherd raised a 
concern about a possible effect on currently issued special permits 
that allow use of 2R vessels, but these changes would not affect 
existing special permits.
    As a consequence of the removal of Sec. Sec.  178.356, 178.358, and 
178.360 the following references are being removed from the list of 
matter incorporated by reference in Sec.  171.7:
     ANSI B16.5-77, Steel Pipe Flanges, Flanged Fittings, 1977 
from Sec.  171.7(d)(2),
     AWWA Standard C207-55, Steel Pipe Flanges, 1955 from Sec.  
171.7(i)(1),
     the reference heading for American Water Works Association 
from Sec.  171.7(i); and
     all listings and the reference heading for Department of 
Energy under Sec.  171.8(p)
    [cir] USDOE, CAPE-1662, Revision 1, and Supplement 1, Civilian 
Application Program Engineering Drawings, April 6, 1988, from Sec.  
171.7(p)(1)
    [cir] USDOE, Material and Equipment Specification No. SP-9, Rev. 1, 
and Supplement--Fire Resistant Phenolic Foam, March 28, 1968, from 
Sec.  171.7(p)(2)
    [cir] USDOE, KSS-471,--Proposal for Modifications to U.S. 
Department of Transportation Specification 21PF-1, Fire and Shock 
Resistant Phenolic Foam--Insulated Metal Overpack, November 30, 1986 
from Sec.  171.7(p)(3).

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 Sec.  172.203(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. Lawrence Laude noted that this change would 
require that the offeror have the proper documentation to declare the 
material as special form. We agree, but note that an offeror of special 
form Class 7 material is already required to maintain documentation 
showing that the material meets the special form test requirements in 
Sec.  173.469 or has an IAEA Certificate of Competent Authority showing 
this (see Sec.  173.476). Consequently, if such documentation does not 
exist, the offeror may not classify the material as special form. An 
offeror who does not have the proper special form documentation, or 
does not wish to classify the material as special form, has the option 
to not declare it as special form.
    In our NPRM we proposed that the activity included on shipping 
papers and labels required by Sec.  172.203(d)(3) should include all 
parent radionuclides and daughter products, even those daughters that 
have half-lives shorter than 10 days and not greater than that of the 
parent. Several commenters raised concerns on our proposal. Lawrence 
Laude and J.L Shepherd commented that as proposed the NPRM changes 
would require listing multiple daughter products on the label with 
limited space, and create a potential conflict with the 95 percent 
requirement of Sec.  173.433(g). (Sec.  173.433(g). requires that those 
radionuclides that constitute 95% of the total radioactive hazard, 
based on nuclide-specific activity/Type A ratios, to be listed on the 
shipping paper) While we did not propose any changes to the listing of 
the radionuclides, but only to the total activity, we agree this could 
introduce confusion between the list and the total. Lawrence Laude also 
noted that the proposed change would introduce an inconsistency with 
Sec.  173.433(c)(2) for the calculation of A values for chains with 
short-lived daughters as that paragraph omits short-lived daughters. 
Lawrence Laude and J. L. Shepherd additionally noted that the 
A1 and A2 values for those radionuclides with 
short-lived daughters were derived taking the presence of the short-
lived daughters into account; adding their activity would not be a fair 
comparison to the A1 and A2 values and would not 
be in harmony with TS[hyphen]R[hyphen]1. To avoid confusion with the 
nuclides to be listed, and to maintain consistency with the calculated 
A1 and A2 values, we are not adopting the 
proposed requirement to include daughter products when those daughters 
have half-lives less than 10 days and not greater than that of the 
parent.
    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. Lawrence Laude 
agreed with adding ``maximum'' to require that the offeror take into 
account changes in the activity due to decay and/or buildup of 
daughters, and suggested it would be useful to include a short 
explanation of ``maximum'' in the regulations. We believe the phrase 
``maximum activity of the radioactive contents contained in each 
package during transport'' is self-explanatory.
    We are also amending Sec.  172.203(d)(3) to permit the mass of each 
fissile nuclide for mixtures to be included when appropriate, that is, 
when there is a mixture present.
    Additionally, in Sec.  172.203(d)(4), we are revising the example 
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 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 
Sec.  178.350 which references the marking requirements of Sec.  178. 
3. Lawrence Laude noted that our proposed change would have the 
unintended effect of requiring all Type A packages, including those 
with an AF certificate of compliance, to be marked with ``DOT 7A'' 
which is also required by Sec.  178.350. The commenter also noted that 
an alternate approach is to simply change the current marking size 
requirements in Sec.  172.310 to 12 mm (0.47 inches). We agree and are 
revising this paragraph accordingly.

[[Page 40593]]

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 Sec.  173.4, 
excepted quantities exception in Sec.  173.4a, or de minimis exceptions 
in Sec.  173.4b. Lawrence Laude suggested modification to clarify that 
applicable packaging and marking requirements for the subsidiary hazard 
need not be met. However, our intent is to except these packages only 
from labeling. Regulatory Resources stated that paragraph (d)(1) is 
redundant with the referenced paragraphs and should be deleted in its 
entirety. However we are keeping the paragraph to provide clarity that 
the subsidiary label is not needed in these situations.

Section 172.403

    This section describes labeling requirements for shipments of Class 
7 (radioactive) materials. We are correcting the reference in paragraph 
(d) from Sec.  173.428(d) to Sec.  173.428(e). We are revising 
paragraph (g)(2) to be consistent with the change included herein for 
Sec.  172.203(d)(3) 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. In response to several comments, 
and as discussed under Sec.  172.203(d)(3), we are not including the 
word ``total'' before ``maximum activity''. Further, we are amending 
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 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 
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). This would more closely align domestic placarding 
requirements with those of TS-R-1.
    Regulatory Resources and Lawrence Laude stated their belief that 
packages bearing a fissile label do not warrant a radioactive placard, 
as adequate controls are provided by packaging and criticality safety 
index (CSI) labels. Lawrence Laude recommended that, if placarding 
fissile shipments is considered necessary, placarding should be limited 
to shipments required by Sec.  173.457 to be operated under exclusive 
use. While adoption of placarding for all shipments of packages with 
fissile labels would be consistent with the requirements of TS-R-1, 
PHMSA recognizes this could be a burden for shipments of small 
quantities of fissile material. We are therefore adopting the suggested 
approach to require placarding only for shipments required by Sec.  
173.457 to be operated under exclusive use (that is, packages with CSI 
greater than 50).
    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 placarding 
of all conveyances required by Sec.  173.441 to operate under exclusive 
use would extend applicability to shipments where the aggregate 
transport index (TI) for packages with Radioactive Yellow II labels 
exceeds 50. Regulatory Resources stated that this would provide little 
benefit and would result in large training costs, though they did not 
provide a specific cost estimate. PHMSA believes there is a safety 
benefit to providing a clear indication to personnel that a package or 
packages have TI's larger than allowed on non-exclusive use shipments. 
PHMSA further believes that this benefit will exceed the costs. For 
further information on costs and benefits, please see the 
``placarding'' and ``benefits of the rule'' sections of the RIA placed 
in the docket for this rulemaking.
    Lawrence Laude noted that the use of the word ``conveyances'' in 
our proposed footnote, at least as defined in Sec.  173.403, would 
require vessels and aircraft to be placarded, which is not consistent 
with Sec.  172.504(a). While the definition in Sec.  173.403 does not 
apply to Sec.  172.504(a), we recognize that such an interpretation 
could be made. USEC added that based upon previous letters of 
interpretation changes to the existing text in sections to Sec.  
172.504(e) and Sec.  173.427 to require only the conveyance to be 
placarded and not the conveyance and the package(s) would be 
beneficial. After analyzing the above comments on the NPRM, we are 
revising Sec.  172.504(e) Table 1 Footnote 1 to read as set out in the 
regulatory text of this rule.

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 Sec.  173.420(e). Lawrence Laude noted that the phrase 
``non-fissile, fissile-excepted, or fissile uranium hexafluoride'' 
covers all the possible shipments requiring subsidiary placarding, so 
it should suffice to just refer to ``uranium hexafluoride.'' We agree, 
but choose to list the three different proper shipping names used for 
uranium hexafluoride for clarity.

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 Sec.  173.425, as the references 
in Sec. Sec.  173.421 and 173.424 already cite the activity limits in 
Sec.  173.425. Lawrence Laude noted that the reference to Sec.  173.426 
should also be deleted since, as noted in the preamble, it also does 
not specify a dose rate limit. The commenter also noted that the 
current and proposed Sec.  173.4(b) already invoke Sec. Sec.  173.421 
and 173.424 which give activity limits for the package, making the 
inner receptacle activity limit references in Sec.  173.4(a)(1)(iv) 
redundant. We agree and are removing paragraph (a)(1)(iv) from Sec.  
173.4.
    In the NPRM we proposed to revise paragraph (b) to specify that 
small quantities of Class 7 (radioactive) materials must satisfy the 
requirements of Sec. Sec.  173.421, 173.424, or 173.426 in their 
entirety. Lawrence Laude asked for justification, noting that as 
proposed, the change brings in all the requirements of Sec.  173.422, 
including the requirements for notification, training, and for 
hazardous waste and hazardous substances, shipping papers; not just the 
marking change highlighted in our NPRM. We agree and we are revising 
paragraph (b) to cite only the previously

[[Page 40594]]

referenced paragraphs while adding the similar paragraphs of Sec.  
173.426. The commenter also noted that, as currently written, Sec.  
173.4 does not require shipping papers for small quantity packages 
containing hazardous waste or hazardous substances and suggested 
considering whether this needs to be addressed. General relief 
applicable to all hazard classes and divisions was not proposed in the 
NPRM, and is outside the scope of this rulemaking.
    Lawrence Laude suggested that PHMSA should eliminate the marking 
requirements of Sec. Sec.  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 
Sec. Sec.  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.L. Shepherd claimed that the historical meaning and understanding 
by users of Type B packages is that ``overpacks'' are heat and impact 
resistant structures, and thus the term should not be used for 
cardboard boxes, shrink wrap or wooden boxes. However, we did not 
propose any change to the definition of the term ``overpack'' already 
found in Sec.  171.8 which does not preclude the use of cardboard 
boxes, shrink wrap, or wooden boxes as overpacks. The commenter also 
claimed that the IAEA has never addressed the use of ``overpacks'' 
related to type B shipments; however, the IAEA does define ``overpack'' 
in TS-R-1 which applies to all radioactive material packages and has 
marking requirements for overpacks similar to those proposed in our 
NPRM.
    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 
Sec.  173.25(a)(6). However, we did not propose any changes to that 
paragraph in the NPRM and so those changes are outside the scope of 
this rulemaking. Clarifications were also requested on several other 
portions of this section that were not within the scope of this 
rulemaking. Lawrence Laude asked for clarification whether an overpack 
containing only excepted packages would need to be marked only with the 
UN number(s), consistent with Table 10 of TS-R-1. This is correct, but 
we see no needed changes to the proposed language. Regulatory Resources 
also requested we clarify the overpack marking requirements in Sec.  
173.448(g)(2), which references subpart D of part 172 and Sec.  
173.25(a), by removing the reference to subpart D. Although we agree 
that, because the part 172 marking requirements do not cover overpacks, 
this reference is unnecessary, we did not propose any changes to Sec.  
173.448 in the NPRM so this is outside the scope of this rulemaking. We 
may address this in a future rulemaking.

Section 173.401

    This section outlines the scope of subpart I; subsection (b) 
specifies materials that are outside of that scope. We are modifying 
Sec.  173.401(b)(4) to add the phrase ``which are either in their 
natural state, or which have only been processed for purposes other 
than for extraction of the radionuclides.'' We also added ``or 
determined in accordance with Sec.  173.433'' to account for 
calculations for mixtures of radionuclides. We are also adding a new 
paragraph (b)(5) to clarify, based on internal PHMSA review of existing 
requirements, that non-radioactive solid objects with radioactive 
substances present on any surfaces in quantities not exceeding the 
limits cited in the definition of contamination in Sec.  173.403 are 
not subject to the Class 7 (radioactive) material requirements of the 
HMR.
    B & W requested that we consider PHMSA interpretation 06-0274 
(issued May 6, 2008) and add that contaminated items below the 
consignment exemption limits are also not regulated. We believe this 
concept is already addressed in the regulations as referenced in the 
letter of interpretation and have not made this addition. The commenter 
also requested that we recognize ``free release'' limits that have been 
established by other federal agencies. We are not aware of any other 
specific codified federal limits and DOT does not have authority to set 
such limits.

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.'' Lawrence Laude noted that we were not consistent in 
our subsequent use of the term used for ``non-fixed contamination'' in 
the NPRM, using variations such as ``non-fixed (removable) radioactive 
surface contamination,'' ``removable (non-fixed) radioactive 
contamination,'' and ``removable radioactive surface contamination.'' 
We agree this could cause confusion, so we are standardizing by using 
``non-fixed contamination'' as given in the definition and have made 
corresponding edits to Sec. Sec.  173.421(c), 173.443, 174.715, 
176.715, and 177.843.
    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. Lawrence Laude 
suggested that the language ``(rounded up to the next tenth)'' should 
be deleted from the definition of CSI as this is effectively addressed 
in the referenced sections of 10 CFR part 71 and would seem to 
eliminate a valid CSI of zero. The referenced NRC regulations contain 
the same words as our definition, except the last paragraph which says, 
``Any CSI greater than zero must be rounded up to the first decimal 
place.'' PHMSA is not adopting the suggestion because we are consistent 
with the NRC definition in 10 CFR 71.4, and we reference 10 CFR 71.59 
in our definition which includes the statement, ``Any CSI greater than 
zero must be rounded up to the first decimal place.'' We are revising 
the definition of ``fissile material'' to align with NRC's definition 
and to clarify that certain exceptions are provided in Sec.  173.453. 
Lawrence Laude suggested that we adopt the IAEA definition, which makes 
a distinction between fissile nuclides and fissile material, rather 
than the NRC definition. We choose the NRC definition for domestic 
consistency and as we believe it more precisely defines what is 
intended by the regulation.
    As proposed we are revising the definition of ``low specific 
activity

[[Page 40595]]

(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 Lawrence Laude and USEC noted, we 
introduced an error, repeating the word ``together'' under ``Industrial 
package.'' We are now correcting that error and changing only the 
references to package types.
    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 Sec. Sec.  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. Lawrence Laude said we should consider deleting ``(which 
may be chemically separated)'' as unnecessary. While this is true, we 
prefer to leave the words in for clarification.
    B & W suggested we also change the Sec.  173.403 definition of 
``low toxicity alpha emitters'' to be consistent with the NRC and IAEA 
definitions. However, we did not propose such a change in the NPRM. We 
may consider changing the definition in a future rulemaking.
    USEC suggested that we add a definition of ``overpack'' to Sec.  
173.403 specifically for radioactive material, separate from the 
definition of ``overpack'' in Sec.  171.8. While the definition in 
Sec.  171.8 is different than the definition in the TS-R-1 we do not 
see a need for change at this time. We did not propose such a change in 
the NPRM and believe that multiple definitions within the regulations 
are unnecessary.

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 Sec.  173.403) plus 
95 kPa (13.8. psi). The HMR currently require a package to be capable 
of withstanding a pressure differential of not less than 95 kPa. We are 
adding the maximum normal operating pressure (defined in Sec.  173.403) 
to account for the contribution of internally generated gas pressure to 
the overall pressure differential.
    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 
Sec.  173.27 and other sections of the HMR. Furthermore, the 
differential pressure may be either absolute or gage pressure, as long 
as both points are measured in the same units.

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 Sec.  173.411 requirements for tank containers, 
tanks, freight containers, and metal intermediate bulk containers that 
are used as Type IP-2 or Type IP-3 packages. Penn State and Lawrence 
Laude stated that the 20% criterion could be difficult to meet for low-
dose-rate packages. Regulatory Resources questioned the need for change 
as we had not previously adopted the IAEA approach. Regulatory 
Resources claimed there is already a quantified external package 
surface dose rate increase limit in Sec.  173.441. However, that 
section provides the upper limits on allowable dose rates, whereas this 
criterion relates to the ability of the package design to maintain its 
shielding effectiveness in normal conditions of transport. Lawrence 
Laude stated that the proposed change would necessitate a review of all 
designs in domestic use and would entail large costs for little 
benefit. We agree that compliance with the 20% criterion could be 
burdensome for very low-dose-rate packages and that consideration needs 
to be given to use of previously allowable packages. Due to the issues 
raised we are not adopting the change to 20% at this time. However, we 
are not deleting the existing requirements in Sec.  173.441 for tanks, 
freight containers, and intermediate bulk containers to meet the 20% 
limit and are revising the language in Sec.  173.411 to be consistent 
with TS-R-1.
    For consistency with the language in TS-R-1, in Sec.  173.411(b)(4) 
we are replacing the phrases in paragraphs (b)(4), (b)(5), (b)(6) and 
(b)(7), ``designed to satisfy'' or ``designed to conform to'' certain 
requirements with the words, ``meet'' or ``designed to meet.'' In the 
NPRM we proposed to use the term ``satisfy,'' but after further 
consideration we believe it is clearer and simpler to instead replace 
the phrases in question with ``meets,'' which is also consistent with 
the language in TS-R-1.
    USEC suggested that in both existing Sec.  173.411(b)(4)(iii) and 
in proposed Sec.  173.411(b)(5)(ii) we indicate ``38.4 psia,'' rather 
than ``37.1 psig'' as the U.S. standard or customary unit

[[Page 40596]]

equivalent to 265 kPa. We agree and are making these changes.
    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 January 1, 2010 (although 
their use would still be permitted if it can be shown that they meet 
the requirements of Sec.  173.411(b)(4)). We are revising Sec.  
173.411(b)(5) to contain the TS-R-1 requirements for cargo tanks and 
tank cars.
    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 Sec.  173.412(f) to require the containment 
system of a Type A package to be capable of retaining its contents 
under the reduction of ambient pressure to 60 kPa (8.7 psi) instead of 
the current 25 kPa (3.6 psi). Lawrence Laude expressed support for the 
change on the ground that it was more representative of the reduced 
pressures that could be experienced in ground transportation. J.L. 
Shepherd asked whether we would require the retesting of current Type A 
packages or provide a transition period. PHMSA believes that since 
packages currently have to withstand a reduction in ambient pressure 
from 100 kPa to 25 kPa, they should already be able to meet the new 
requirement (the old requirement was to withstand a reduction of 75 kPA 
(100 to 25 kpa), but now a reduction of only 40 kPa (100 kPa to 60 kPa) 
will be required). USEC suggested that we should use 8.7 psia instead 
of 60 kPa for clarity; we agree and have made this change.
    We proposed revising Sec.  173.412(j)(2) to specify that the 
maximum radiation level at the external surface of the package not 
increase by more than 20%. We received multiple comments on this 
proposal similar to those on the change proposed in Sec.  173.411; as 
discussed above, due to the issues raised we are not adopting the 
change to 20% at this time.
    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, Lawrence Laude requested that there be a delayed 
compliance period to accommodate shipments made more than one year 
prior to the effective date of the final rule and for which the 
documentation is no longer available. Several commenters (Veolia, J. L 
Shepherd, Lawrence Laude, and Penn State) expressed concern that 
current Type A package documentation would not meet the new 
requirements, and that any new requirements would invalidate the use of 
such packages until the documentation could be developed. Several 
commenters (Veolia, J. L Shepherd, Lawrence Laude, and Penn State) 
suggested a phase-in period be authorized for Type A packages currently 
in use until additional detailed documentation is available.
    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 
January 1, 2017.
    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 Penn State noted that in some instances, such as 
when a manufacturer ships a Type A package to a customer and the 
customer subsequently uses the package, following the manufacturer's 
instructions for the evaluated contents, the customer should be able to 
rely upon a certification from the manufacturer. Examples given include 
radiopharmaceuticals, sealed sources, instruments and gauges. In such 
instances, the shipper complies with the package assembly and closure 
instructions provided by the package manufacturer without modifying the 
design of the package system or contents except as authorized by the 
manufacture (e.g., various sources authorized for a given packaging 
system). It should be noted that under the existing requirements of 
Sec.  173.415, the offeror must maintain the complete documentation.
    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

[[Page 40597]]

maintain package assembly instructions and obtain a Type A 
specification certification for the package from the packaging 
manufacturer.
    Under the existing Sec.  178.350, the term ``packaging 
manufacturer'' means the person certifying that the package meets all 
requirements of that section, which can often be the offeror, 
especially if the packaging or contents have been altered from that 
evaluated by another party. However, we agree that there are instances 
where the offeror is provided a packaging from another source for a 
particular set of contents and should not be considered to be the 
packaging manufacturer. Therefore, as an optional alternative to the 
current and revised requirement for offerors to maintain complete 
package documentation we are also including an option for offerors who 
receive a packaging from another party acting as the manufacturer, to 
rely on a manufacturer's certification. This certification would 
include a signed statement from the manufacturer affirming that the 
package meets all the requirements of Sec.  178.350 for the radioactive 
contents presented for transport. This alternative creates no 
obligation on manufacturers to supply such a certification; it is 
merely an option available if an offeror is able to obtain the 
certification from the manufacturer. In such instances, the offeror 
will also be required to 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. However, if the offeror 
has modified the packaging or contents from that evaluated and 
documented by the other party, the offeror must perform an evaluation 
of the changes and then maintain the complete documentation which must 
be provided to DOT on request. This will enable users to reuse 
packagings expressly made for certain contents and rely on 
documentation from another party acting as the manufacturer, but does 
not allow them to modify the packaging or contents without a documented 
evaluation of those changes.

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 October 1, 2008, and replacing it with a new paragraph (c) 
to authorize the domestic shipment of a package conducted under a 
special package authorization granted by the U.S. Nuclear Regulatory 
Commission in accordance with 10 CFR 71.41(d). That NRC provision is 
only applicable to limited, one-time shipments of large components that 
cannot be shipped inside a certified package, or for which designing a 
packaging would be impracticable due to their large size.
    J. L. Shepherd requested that we maintain reference to the obsolete 
specification packages to allow continued use of those packages under 
special permits, but removal of this paragraph would have no impact on 
any such special permits. Lawrence Laude requested that we specify what 
proper shipping name should be used for packages authorized by this new 
paragraph. In the rulemaking establishing 10 CFR 71.41(d), the NRC 
stated that, for a package approved under that paragraph, the NRC will 
issue a Certificate of Compliance or other approval (i.e., special 
package authorization letter). In those cases where the NRC issues a 
certificate, the proper shipping name will be associated with the 
certificate (e.g., ``Radioactive material, Type B(M) package, non-
fissile or fissile-excepted). In instances where the NRC issues a 
special package authorization letter, the proper shipping name will be 
``Radioactive material, transported under special arrangement, non-
fissile or fissile-excepted''.

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 October 1, 2008. We are also 
removing the references to 20 PF and 21PF overpacks in paragraphs 
(a)(3), (b)(3),and (b)(3)(ii) in Table 3 because those overpacks are no 
longer in service.
    We are adding a new paragraph (c) to authorize the domestic 
shipment of a package conducted under a special package authorization 
granted by the U.S. Nuclear Regulatory Commission in accordance with 10 
CFR 71.41(d). Lawrence Laude requested that we specify what proper 
shipping name should be used for packages authorized by this new 
paragraph. In those cases where the NRC issues a certificate, the 
proper shipping name will be associated with the certificate (e.g., 
``Radioactive material, Type B(M) package, fissile). In instances where 
the NRC issues a special package authorization letter, the proper 
shipping name will be ``Radioactive material, transported under special 
arrangement, fissile.''

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 Sec.  173.420(a)(2)(iii)(D). However, as USEC pointed out, the 30C 
cylinder is not a Section VIII ASME pressure vessel but is an ANSI 
N14.1 packaging. Therefore, we are not adding it to the table.
    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). 
Lawrence Laude noted that while the bullet-list summary of changes in 
the NPRM stated that this change would apply only to shipments of 0.1 
kg or more of UF6, our later discussion and draft text 
applied the change to all quantities. Lawrence Laude and USEC requested 
that this paragraph only apply to packages with 0.1 kg or more of 
UF6, allowing small packages of uranium hexafluoride to be 
re-classed as Class 8 in accordance with Sec.  173.423. We note that 
because we are harmonizing with the 2009 edition of the IAEA 
regulations, and this point has been raised regarding interpretation of 
the corresponding paragraph in TS-R-1, we will limit application of 
this paragraph to packages of 0.1 kg or more of UF6. As the 
IAEA is working to clarify application of this requirement to packages 
of less than 0.1 kg of UF6, we may consider changes to this 
requirement in a future rulemaking.

[[Page 40598]]

Section 173.421

    This section outlines requirements for excepted packages for 
limited quantities of Class 7 (radioactive) materials. Presently, Sec.  
173.421(b) permits excepted packages of limited quantities of 
radioactive material that are a reportable quantity of hazardous 
substance or waste to be shipped without having to comply with Sec.  
172.203(d) or Sec.  172.204(c)(4). We are extending this relief from 
these shipping paper requirements to all excepted packages that are a 
hazardous substance or waste by removing Sec.  173.421(b) and adding 
the exclusion from Sec. Sec.  172.203(d) and 172.204(c)(4) to Sec.  
173.422.

Section 173.422

    Section 173.422 sets forth additional requirements for excepted 
packages containing Class 7 (radioactive) 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 Sec.  173.4) 
that would otherwise qualify for shipment as a Class 7 (radioactive) 
material in an excepted package must also satisfy the requirements of 
Sec.  173.422. Lawrence Laude suggested that we also add excepted 
quantities as defined in Sec.  173.4a. However such packages are 
currently covered by Sec.  173.4a(a)(3).
    As noted above, Sec.  173.421(b) currently permits excepted 
packages of limited quantities of radioactive material that are a 
hazardous substance or hazardous waste to be shipped without having to 
comply with Sec.  172.203(d) or Sec.  172.204(c)(4). We are extending 
this relief from shipping paper requirements to include those excepted 
packages that contain a hazardous substance or hazardous waste by 
moving the exclusion from Sec.  172.203(d) and Sec.  172.204(c)(4) 
provisions to Sec.  173.422(e). In the discussion in our NPRM, we 
stated that we were proposing to add an exclusion from Sec.  
172.202(a)(5) for such packages; however, in the draft of the 
regulatory text we referenced Sec.  172.202(a)(6) instead. Lawrence 
Laude suggested that we should include both paragraphs; we agree and 
are including both.
    We are also adding to Sec.  173.422(a) a requirement that all 
excepted packages whose contents meet the definition of a hazardous 
substance, be marked with the letters ``RQ''. This will provide 
consistency with existing marking requirements for a package containing 
a hazardous substance. Lawrence Laude and Regulatory Resources noted 
that to be consistent with Sec.  172.324, this should only apply to 
non-bulk excepted packages, we agree and have made that change.

Section 173.423

    Section 173.423 prescribes requirements for multiple hazard limited 
quantity Class 7 materials. Lawrence Laude suggested several changes to 
Sec.  173.423. However, as we did not propose any changes to that 
section in the NPRM, we are not adopting his proposals in this final 
rule.

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 Sec.  173.427(a), we 
are changing the phrase ``LSA material and SCO . . . must be packaged'' 
to ``LSA material and SCO must be transported.'' This should help 
clarify that paragraphs (c) and (d) apply to subcategories of LSA 
material or SCO, specifically unpackaged LSA material or SCO, and LSA 
or SCO which require packaging in accordance with NRC requirements in 
10 CFR 71. NIRS and CACC opposed provisions in the proposed changes 
that remove packaging requirements for some SCO; however, this is a 
misunderstanding of these changes as no packaging changes were 
proposed. Lawrence Laude noted that for consistency, Sec.  
173.427(a)(2) should read ``LSA material and SCO'' instead of ``LSA and 
SCO material,'' and we are adopting that correction.
    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, Sec.  172.402(d) 
labeling requirements for the subsidiary hazard would apply. Presently, 
Sec.  173.427(a)(6)(vi) excepts such shipments from all marking and 
labeling requirements, other than for the stenciling or marking as 
``RADIOACTIVE--LSA'' or ``RADIOACTIVE--SCO,'' as appropriate. Lawrence 
Laude noted that it is unclear how labels would be applied to 
unpackaged material, how many labels would be required, and whether 
labels or placards would be required for bulk packages with a 
volumetric capacity greater than 18 m\3\ (640 ft\3\). The commenter 
also claimed the proposed change has the potential for conflicting with 
the proposed change to Sec.  172.402(d)(1) regarding not requiring 
subsidiary labels for Class 7 packages with subsidiary hazards meeting 
the requirements of Sec. Sec.  173.4, 173.4a, and 173.4b. While this 
change cannot conflict with the new Sec.  172.402(d), to which 
paragraph (a)(6)(vi) makes reference, the concerns on labeling of 
unpackaged material are valid. Therefore, we are amending this change 
to apply only to packaged material; for larger bulk packages, labels or 
placards could be used as required in Sec.  172.400.
    Lawrence Laude further claimed that portions of the proposed (and 
existing) Sec.  173.427(a)(6) are either redundant or inconsistent with 
other requirements of subpart I and recommended that paragraphs 
(a)(6)(i) through (v) be deleted, that only paragraph (a)(6)(vi) be 
retained, and that paragraph (a)(6)(vii) be moved to a new paragraph 
(b)(6) or, alternately, a new paragraph (f). However, Sec.  
173.427(a)(6) does contain some unique requirements, and the changes 
suggested would be beyond the scope of what was proposed in the NPRM, 
so we are not adopting them.
    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 
Sec.  173.24a or Sec.  173.24b, depending on whether the packaging 
would be considered non-bulk or bulk according to the definition in 
Sec.  171.8. Lawrence Laude noted that the reference to Sec. Sec.  
173.24a and 173.24b is redundant since the introductory text of Sec.  
173.410, which is also referenced, includes a requirement to meet 
subparts A and B of part 173, and Sec. Sec.  173.24a and 173.24b are 
included in subpart B. We agree and are revising this paragraph to 
reference only Sec.  173.410. Lawrence Laude also commented that we 
should address issues related to bulk Type A and Type B packages. 
However, we did not propose such changes in the NPRM.
    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 Sec.  173.411. The previously 
authorized DOT

[[Page 40599]]

Specification tank cars and cargo tanks are seldom used and the Sec.  
173.411 requirements provided by this rulemaking offer a broader range 
of options.
    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 Sec.  173.427(a)(vi); hence we are not including 
this suggestion in the final rule. Lawrence Laude suggested that for 
consistency with other usage, the proposed Sec.  173.427(c)(5) should 
refer to ``transport vehicle'' rather than ``highway or rail 
conveyance.'' However, conveyance includes freight containers, which 
sometimes need to be placarded. Lawrence Laude also asked for 
clarification that the placarding requirement of paragraph (c)(5) 
applies to non-exclusive use shipments of SCO-I made in accordance with 
paragraph (c)(2), whereas for other LSA material and SCO shipments, 
placards are only required for exclusive use shipments. Mr. Laude is 
correct, in this final rule, the placarding required in paragraph 
(c)(4) would only apply to exclusive use shipments, except for those 
SCO-I non-exclusive use shipments cited in paragraph (c)(2).
    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 Sec.  173.411.

Section 173.433

    Section 173.433 sets forth requirements for determining 
radionuclide values, and for listing radionuclides on shipping papers 
and labels. In 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 Sec. Sec.  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 Sec.  173.435.

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 CACC said they oppose weakening of definitions and 
increases in exemption levels. However, these are not changes to 
exemption levels but are corrections and clarifications.
    Regulatory Resources suggested that the tables in Sec. Sec.  
173.435 and 173.436 be

[[Page 40600]]

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 10\5\ Bq to 1 
x 10\6\ 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 Sec.  
173.443 address situations under which a higher level of non-fixed 
contamination is allowed;
     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:
    [cir] 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
    [cir] 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 Sec.  173.427(c) and remaining 
under that specific exclusive use. This change ensures that any 
associated transportation equipment utilized for transportation does 
not exhibit excessive levels of non-fixed (removable) radioactive 
contamination and aligns the domestic contamination control 
requirements with international standards in TS-R-1.
    In response to comments from Lawrence Laude and Regulatory 
Resources that the contamination levels should not apply to the 
interior surfaces of packages, we are clarifying that the contamination 
control requirements in paragraph (a) do not apply to the interior 
surfaces of (1) a tank, intermediate bulk container or other 
``package,'' or (2) a conveyance or freight container dedicated to the 
transport of unpackaged LSA-1 material and SCO-1 in accordance with 
Sec.  173.427(c) and remaining under that exclusive use.
    In Table 9, which is referenced in the new Sec.  173.443(a)(1)(i), 
we are changing the contamination limits in the column labeled dpm/
cm\2\ from 220 to 240 for contamination due to beta and gamma emitters 
and low toxicity alpha emitters, and from 22 to 24 for contamination 
due to all other alpha emitting nuclides, respectively. This will 
provide the correct conversions from the 4 and 0.4 Bq/cm\2\ values. 
Lawrence Laude also raised additional concerns with our proposed 
changes to Sec.  173.443(a):
     Mr. Laude inquired whether we should adopt any limit on 
fixed contamination, because we only addressed non-fixed contamination. 
We do not believe it is necessary or practical to impose fixed 
contamination limits on conveyances, overpacks, or freight containers 
being used for radioactive material transport, as radiation levels from 
the Class 7 material would make this practice difficult and unduly 
expensive, if not impossible to implement. It would also be unnecessary 
since the other transport controls for the declared hazard of the 
packaged or unpackaged radioactive material provides sufficient 
protection. Moreover, once these conveyances, overpacks, or freight 
containers are no longer used for transport of Class 7 material, they 
become subject to the HMR independently for possible radioactive 
material classification to address any possible fixed contamination 
hazard.
     Mr. Laude inquired whether the first sentence of the 
proposed paragraph (a)(1) should be limited to conveyances to be 
consistent with Sec.  173.427(c), which prescribes requirements for 
shipping LSA-I and SCO-I in conveyances. However, a freight container 
can also be used in accordance with Sec.  173.427(c) and should be 
subject to these requirements. Any requirement to measure non-fixed 
contamination on the internal surface of a tank or IBC is addressed by 
our change to the introductory language of paragraph (a).
     Finally, Mr. Laude inquired whether paragraph (a)(2) 
should apply to overpacks as well as conveyances. While this seems 
possible, we consider this change unnecessary because we are addressing 
the misconception that conveyances used for non-exclusive use transport 
were required to be routinely surveyed for contamination.
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 
Sec.  173.443(a) during exclusive use shipments by rail or highway, if 
the initial contamination is no greater than the Sec.  173.443(a) 
limits. We proposed to apply this exception to the external and 
internal surfaces of conveyances, overpacks, freight containers, tanks, 
and IBCs, in addition to the external surfaces of each package. This 
ensures that any radioactive substances on the associated items 
utilized during transportation do not exceed the designated upper 
limits for non-fixed (removable) radioactive contamination of the 
package during transport.
    In response to comments from Lawrence Laude and Regulatory

[[Page 40601]]

Resources, we are removing the reference to the ``internal surfaces'' 
of tanks and IBCs from the proposed Sec.  173.443(b) because they are 
covered by the term ``package.'' However, we disagree that the 
reference to tanks and IBCs should be removed from the ``return to 
service'' provisions in Sec.  173.443(c), which should be applicable to 
tanks and IBCs. And we do not find any inconsistency with the 
provisions in Sec.  173.428 on the transport of empty Class 7 
(radioactive) packagings.
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 Sec. Sec.  173.443(a) and (d), a conveyance, freight container, 
overpack, tank, or intermediate bulk container used for exclusive use 
transport of radioactive materials under Sec. Sec.  173.427(b)(4), 
173.427(c), or 173.443(b) would need to be surveyed with appropriate 
radiation detection instruments. 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 Sec.  173.443(a), in order 
to continue to be used for one of the following specified Class 7 
(radioactive) materials exclusive use transport scenarios:
    (1) The use of the packaging exception for less than an 
A2 quantity authorized in Sec.  173.427(b)(4);
    (2) The use of the authorization in Sec.  173.427(c) to ship 
unpackaged LSA-I and SCO-I; or
    (3) The use of the authorization in Sec.  173.443(b) to ship 
packages that may develop increased contamination during transport up 
to ten times the normal package limits, so long as the package meets 
the non-fixed contamination limits at the beginning of transport.
    The procedure described in Sec.  173.443(c) would not be 
applicable, and would in fact generally be prohibited, for unrestricted 
return to general service of the item or conveyance. The rationale for 
this proposed change in Sec. Sec.  173.443(c), 174.715(a), 175.705(c), 
176.715, and 177.843(a), is as follows:
    (1) If this ``returned to service'' criterion were to be considered 
a criterion for unrestricted release following exclusive use transport 
of Class 7 (radioactive) materials, it would be providing a radioactive 
material unrestricted transfer (free release) limit, which 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 Nuclear 
Regulatory Commission, NRC Agreement States or is effected pursuant to 
the control of the Department of Energy from their facilities (pursuant 
to the Atomic Energy Act of 1954, as Amended and the Energy 
Reorganization Act of 1974;
    (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 Sec.  173.443(a) values) and radiation level (no 
greater than 0.005 mSv per hour, or 0.5 mrem per hour, at the surface 
of the vehicle) of Sec.  173.443(c) would not provide sufficient 
protection for unrestricted transfer, considering that over time 
factors such as weathering could gradually convert any fixed 
contamination to non-fixed contamination; and
    (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 the United Nations and the IAEA to be as consistent as 
possible with transport safety standards required by the rest of the 
countries in the world and facilitate international commerce.
    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 ALARA mandates. The questions that Energy Solutions 
presented and our responses are as follows:
     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 Sec.  173.403 would be applicable. The 
shipper must also classify and offer the material appropriate to the 
hazard, as applicable.
     What is the proper shipping name if the remaining material 
is exempt from Class 7 transport in accordance with Sec.  173.436? If 
the remaining material can be demonstrated to be exempt from the 
regulations, then the HMR do not apply and therefore a proper shipping 
name is not necessary.
     How would the return to service requirements apply to 
various hypothetical situations, such as:
    [cir] If a reportable quantity of radioactive material is being 
offered that is also exempt from the HMR in accordance with Sec.  
173.436. We do not know of a realistic scenario that could cause this 
situation to happen, but if the radioactive material can be 
demonstrated to be exempt from the HMR, then the HMR do not apply.
    [cir] 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.
    [cir] 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

[[Page 40602]]

transfer license conditions of the shipper, which the DOT does not 
regulate.
    [cir] If a closed transport vehicle meets the criteria in Sec.  
173.443(d) and is marked and placarded, would a manifest would be 
required and what proper shipping name should be used? The return to 
service requirements in paragraph (c) do not apply to a vehicle that 
meets the conditions in paragraph (d).
    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 
Sec.  173.403 for the term ``release survey effective radiation dose 
equivalent'' and additional rewording of Sec.  173.443, as proposed in 
the NPRM, to provide ``relief from the unnecessary burdens and 
inaccuracies'' of the proposal. However, these recommended changes are 
beyond the scope of the proposals in this rulemaking.
    Regulatory Resources expressed uncertainty over what the intention 
was for the proposed Sec.  173.443(c) ``return to service'' criteria, 
but seemed to believe it applied primarily to packages. Our intention 
is unchanged, and we believe it is widely recognized that the basic 
contamination limits provided in Sec.  173.443 will not typically lead 
to cross contamination of conveyances or any other items in contact 
with packaged radioactive material. For this reason, we do not require 
periodic radiation and contamination surveys related to non-exclusive 
use transport.
    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 Sec. Sec.  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 Sec.  173.443(a). We proposed to add 
the qualifier ``exclusive use'' to ensure that the exclusive use 
requirements described under the definition of ``exclusive use'' in 
Sec.  173.403 are satisfied for these shipments. In this paragraph, we 
are deleting the word ``packages'' to allow this paragraph to apply to 
unpackaged radioactive material, which will provide consistency with 
similar requirements found in paragraphs Sec. Sec.  174.715(b) and 
177.843(b).
    Lawrence Laude suggested that Sec.  173.443(d)(2) be changed to 
allow the words to be a ``marked'' rather than ``stenciled'' to allow 
flexibility. PHMSA accepts that there are several ways to appropriately 
mark the required information, and has amended the regulatory text to 
allow marking, with stenciling as an example.
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 Sec.  173.453(d) 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. After 
consulting with the NRC on its upcoming rulemaking, we have decided to 
not make the proposed change at this

[[Page 40603]]

time. If the NRC changes the defining criteria for this radionuclide we 
will update in a future rulemaking.
    Regulatory Resources suggested a reorganization of Sec.  173.453(c) 
for clarity. However, this was not included in our NPRM and we find the 
existing language to be clear, so we are not adopting the suggested 
changes.

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 
Sec.  173.412(j) for when a test for a Type A package is deemed to be 
successful. In Sec.  173.465(d)(i), we are adopting the revised TS-R-1 
language to clarify that the stacking test weight must be calculated 
using five times the maximum weight of the loaded package. USEC 
suggested that we reword this requirement to ``maximum allowable 
package weight,'' but we choose to keep the wording shown in our NPRM 
for consistency with TS-R-1.

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 Sec.  173.412(k) for when a test 
for a Type A package designed for liquids or gases is deemed to be 
successful.

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. USEC asked that there be a transition period for previously tested 
materials that might not meet the revised criteria. PHMSA expects 
minimal impact because alternative testing in accordance with ISO 2919 
or IAEA requirements has been typically used to demonstrate compliance. 
If any special form certificate renewals are impacted, they will be 
evaluated on a case-by-case basis to allow for transition if necessary.
    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 Sec.  173.469 to 
allow sources subjected to the ISO 2919 heat test before the effective 
date of this final rule to not have to be retested to the newer 
revision of ISO 2919 (i.e. ISO 2919-1999(E)) which is being 
incorporated by reference in this rulemaking.

Section 173.473

    This section prescribes requirements for foreign made packages. We 
are revising Sec.  173.473(a)(1) to update the reference to the 2009 
edition of the IAEA standards for transportation of radioactive 
materials, TS-R-1.

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 (Oct. 2, 2013). Further amendment to this paragraph 
is not needed in this final rule.
    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 Sec.  
172.203(d)(2), if such documentation does not exist, the shipper should 
not classify the material as special form and then this paragraph would 
not be applicable.

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 January 26, 2004 
rulemaking (69 FR 3632 (HM-230)). Lawrence Laude stated that paragraph 
(e) should not be deleted, but should be reworded to be consistent 
with, for example, Sec.  177.842(f) as ``fissile material controlled 
shipments'' were replaced with exclusive use shipments with a total CSI 
not to exceed 100. The commenter also stated that if this change is 
intended to rely on the references to Sec. Sec.  173.457 and 173.459 in 
Sec.  174.700(d), the requirements in part 177 should be similar and 
the different modal requirements should be consistent. However, 
paragraph (d) does provide references to Sec. Sec.  173.457 and 
173.459, as does Sec.  177.842(f). The commenter also proposed deletion 
of Sec.  173.459, but as we did not include any proposed changes to 
that section in the NPRM we are not adopting that suggestion.

Section 174.715

    This section prescribes requirements for cleanliness of rail 
transport vehicles after use. We are revising Sec.  174.715(a) to make 
this section consistent with the changes being made in Sec.  173.443(c) 
to clarify the phrase ``returned to service.''

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 Sec.  175.702(b) and (c) to include 
references to the CSI limits in Sec.  175.700(b). Lawrence Laude noted 
that this paragraph is inconsistent with TS-R-1, which does not have 
limits on groups of packages beyond the limits for the entire aircraft. 
We agree that this paragraph is more stringent than TS-R-1, but not 
otherwise contradictory. In other words, compliance with the existing 
requirements of Sec.  175.702(b) satisfies the (lesser) requirements in 
TS-R-1. As such, we are adopting the changes to Sec.  175.702 as 
proposed in the NPRM.

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 Sec.  173.403) before

[[Page 40604]]

returning the aircraft to service. Lawrence Laude noted the proposed 
change to Sec.  175.705 appears to be more stringent than the 
requirement for other modes as well as the non-fixed contamination 
limits in Sec.  173.443(a). The commenter is correct in noting the 
contamination related requirements for aircraft are different from the 
other modes. The differences are a result of the evolution of the 
requirements, dating back to aircraft contamination events that 
occurred in the 1960s. However, it should be noted that the 
contamination limits in Sec.  173.443 apply to packages, conveyances 
and other related items that are offered for Class 7 transport. It 
should also be noted that Sec.  173.443(a) does not just require 
compliance with the Table 9 limits, but also that contamination be kept 
as low as reasonably achievable.

Section 176.715

    This section describes requirements concerning radioactive 
contamination of vessels. We are revising Sec.  176.715 to make this 
section consistent with the changes being made in Sec.  173.443(c) to 
clarify when holds, compartments, or deck areas used for the 
transportation of LSA material or SCO under exclusive use conditions 
may be ``used again'' (i.e. ``returned to service''). Lawrence Laude 
stated these changes to Sec.  176.715 would add increased ambiguity 
rather than eliminating it because it does not specifically address 
contamination limits for holds, compartments, and deck areas being 
returned to general service. The commenter also stated it was 
questionable whether a deck area would be used for unpackaged 
radioactive material. We believe the definition of contamination in 
conjunction with the new scope exclusion provided in Sec.  
173.401(b)(5) provides clear guidance as to when the HMR is applicable 
in these transport cases cited by the commenter, as well as all other 
transport scenarios. However, any further transfer or ownership 
criteria of radioactive material will be regulated separately by the 
applicable licensing authority. Use of a deck area for unpackaged 
transport is conceivable in accordance with Sec.  173.427(c), so it is 
not appropriate to revise this wording.

Section 177.843

    This section describes requirements concerning radioactive 
contamination of vehicles. In Sec.  177.843(a), PHMSA is adding a 
reference to Sec.  173.443(b). This is part of a larger proposed change 
developed from PHMSA internal review, that is intended to make this 
section consistent with the changes proposed in Sec.  173.443(c). In 
this final rule, PHMSA is modifying Sec.  173.443(c), to eliminate the 
ambiguity and confusion concerning the phrase ``returned to service,'' 
for conveyances, overpacks, freight containers, tanks, and intermediate 
bulk containers that may have had radioactive substances deposited on 
them during certain Class 7 (radioactive) exclusive use transport 
scenarios.
    Lawrence Laude suggested that Sec.  177.843 fails to address the 
contamination limits to be applied to motor vehicles being returned to 
general service. We believe the definition of contamination in 
conjunction with the new scope of exclusions provided in Sec.  
173.401(b)(5) will provide clear guidance as to when the HMR is 
applicable in these transport cases cited by the commenter, as well as 
all other possible transport scenarios. However, any further transfer 
or ownership criteria of radioactive material will be regulated 
separately by the applicable licensing agency.
    Lawrence Laude further stated the current and proposed Sec.  
177.843(a) requires that motor vehicles used for an exclusive use 
shipment of LSA material or SCO per Sec.  173.427(b)(4) must be 
surveyed for contamination after each use. The commenter also noted 
Sec.  173.427(b)(4) allows LSA material and SCO to be shipped in 
packages meeting the performance based criteria of Sec.  173.410 and 
these are the same criteria that Type IP-1 packages have to meet, yet 
exclusive use shipments of LSA material and SCO in Type IP-1 packages 
do not require vehicle surveys after use. For consistency, the 
commenter recommended that the requirement for surveying vehicles used 
for Sec.  173.427(b)(4) shipments be deleted from Sec.  177.843(a) and 
the corresponding sections of Parts 174 and 176. We believe the 
commenter failed to note the longstanding domestic exception in Sec.  
173.427(b)(4) permits liquid LSA-I, LSA-II, LSA-III and SCO-II to be 
transported in a Type IP-1 package, under certain conditions, rather 
than a Type IP-2 or Type IP-3 as required by Table 6 in Sec.  173.427. 
This practice has been demonstrated to provide needed flexibility and 
an effective level of safety for several decades. A shipper is not 
required to package in accordance with Sec.  173.427(b)(4) and may 
elect to ship solid LSA-I and SCO-I in a Type IP-1 non-exclusive use in 
accordance with Sec.  173.427(b)(1) and Table 6 in Sec.  173.427. A 
shipper may also elect to package in accordance with Sec. Sec.  
173.427(b)(2), (3), or (5), which would not necessarily require the 
survey required by Sec.  177.843(a).

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 Sec.  178.2 as well as 
the marking requirements of Sec.  178.3.

Sections 178.356, 176.356-1 through178.356-5

    These sections provide specifications for specification 20PF 
phenolic-foam insulated, metal overpacks. USEC noted that this section, 
along with the sections cited below on the 21PF overpacks, should also 
be deleted in its entirety, as the 20PF series overpacks are old 
specification packages that also are no longer in service. We agree, 
and are removing and reserving these sections.

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 Sec. Sec.  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 Sec. Sec.  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 October 1, 2008. J. L. 
Shepherd was concerned that removal of the 2R specification would 
impact Special Permits that include their usage; however, this change 
would not directly affect such Special Permits.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    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

[[Page 40605]]

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 
U.S. Coast Guard.

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 Department of Transportation (44 FR 11034).
    During the rulemaking process, PHMSA considered three alternatives 
to harmonize domestic and international radioactive materials 
transportation requirements:
    Alternative 1: Do nothing. The United States actively participates 
in the development of uniform international standards for transporting 
hazardous materials. Because all major countries and international 
carrier organizations have or will adopt the changes proposed in this 
rulemaking, a do-nothing approach would fail to adopt international 
standards which enhance safety in the transportation of radioactive 
materials and would result in complications in the movement of these 
materials. Future inconsistencies with international transport 
standards may result in foreign authorities refusing to accept 
hazardous material shipments prepared in accordance with the HMR. To 
successfully participate in international markets, U.S. companies would 
be required to conform to dual regulations. Inconsistent domestic and 
international regulations also have an adverse safety impact by making 
it more difficult for shippers and carriers to understand and comply 
with all applicable requirements. Unnecessary transportation delays may 
also expose international shipments to additional safety and security 
vulnerabilities. For these reasons, PHMSA did not adopt Alternative 1.
    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;

[[Page 40606]]

    (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 Federal Register the effective date 
of Federal preemption. The effective date may not be earlier than the 
90th day following the date of issuance of the final rule and not later 
than two years after the date of issuance. The effective date of 
Federal preemption is January 1, 2015.

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 CACC asking how we concluded that the proposed rule would 
not uniquely impact communities of Indian Tribal leadership. PHMSA also 
received a comment from the Alaska Inter-Tribal Council stating its 
opposition to the assertion that our proposed rule does not 
significantly or uniquely affect the communities of the Indian Tribal 
governments. The Alaska Inter-Tribal Council states that international 
shipping of radioactive materials is of great concern because of the 
potential adverse risks to the Arctic territory and its inhabitants. It 
further states that consultation between tribal governments and PHMSA 
must occur before any changes to PHMSA rules that could potentially 
adversely impact tribal communities, territories, peoples and 
traditional ways of life.
    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 Alaska 
in compliance with the requirements of TS-R-1 or the HMR. The changes 
adopted in this final rule are simply creating greater harmonization 
with the international standard, and are not creating or authorizing 
new hazardous materials shipments or transit routes. Furthermore, 
consistency between U.S. and international regulations enhances the 
safety of international hazardous materials transportation through 
better understanding of the regulations, an increased level of industry 
compliance, the smooth flow of hazardous materials from their points of 
origin to their points of destination, and consistent emergency 
response in the event of a hazardous materials incident. Based on this 
information and the absence of specific indications to the contrary 
from these commenters, the revisions adopted in this final rule do not 
have direct tribal implications and do not impose substantial direct 
compliance costs on Indian tribal governments; consequently the funding 
and consultation requirements of Executive Order 13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
and has been developed in accordance with Executive Order 13272 
(``Proper Consideration of Small Entities in Agency Rulemaking'') and 
DOT's procedures and policies to promote compliance with the Regulatory 
Flexibility Act to ensure that potential impacts of draft rules on 
small entities are properly considered.
    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 North America.
    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 Office 
of Management and Budget (OMB) Control Number 2137-0034, ``Hazardous 
Materials Shipping Papers and Emergency Response Information,'' and OMB 
Control Number 2137-0510, ``Radioactive Materials Transportation 
Requirements.'' Specifically, this final rule will result in:
     A decrease in the annual information collection burden of 
OMB Control Number 2137-0034 due to reductions in the shipping paper 
requirements for excepted quantities of RAM shipments. These reductions 
in burden include not requiring the mass of these shipments on the 
shipping papers for air shipments in Sec.  172.202(a)(6), the 
additional description in Sec.  172.203(d) for RAM shipments, and not 
requiring the shippers certification statement for RAM shipments in 
Sec.  172.204(c)(4) and
     an increase in the annual information collection burden of 
OMB Control Number 2137-0510 due to an increase in the duration of 
record keeping requirements in Sec. Sec.  173.411(c) and 173.415(a), 
and the documentation required to demonstrate a package complies with 
testing requirements in Sec. Sec.  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.

[[Page 40607]]

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: $5,912.
    100,000 responses at 5 seconds a response equals 140 hours at 
$42.23 an hour.

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: $394,731.
    1400 modifications to existing responses at $64.71 an hour and four 
hours per response and; 500 new certifications at $64.71 an hour and 
one hour per response.
    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. The 
Regulatory Information Service Center generally publishes the Unified 
Agenda in April and October of each year. The RIN contained in the 
heading of this document can be used to cross-reference this action 
with the Unified Agenda.

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more, adjusted for inflation, to either State, local, 
or tribal governments, in the aggregate, or to the private sector in 
any one year, and is the least burdensome alternative that achieves the 
objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires that Federal agencies analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. In accordance with the Council on Environmental Quality 
(CEQ) regulations, federal agencies must conduct an environmental 
review considering (1) the need for the proposed action, (2) 
alternatives to the proposed action, (3) probable environmental impacts 
of the proposed action and alternatives, and (4) the agencies and 
persons consulted during the consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
    PHMSA is 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 Safe Transport of Radioactive Material, 2009 Edition, IAEA 
Safety Standards Series No. TS-R-1,'' and making other amendments based 
on PHMSA's own initiative. These amendments update, clarify, or provide 
relief from certain existing regulatory requirements to promote safer 
transportation practices, eliminate unnecessary regulatory 
requirements, facilitate international commerce, and make these 
requirements easier to understand.
2. Alternatives
    In developing this 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

[[Page 40608]]

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 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). PHMSA expects a modest positive environmental impact due to 
awareness provided to transport personnel that shipments contain modest 
amounts of radioactivity, as well as a slight reduction in exposure to 
transportation personnel. The modest gains would not be achieved under 
alternative one or two.
    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 Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) which may be 
viewed at http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

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 the United States. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, so long as the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
imports that meet this objective. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
to protect the safety of the American public, and 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,

[[Page 40609]]

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

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 
(28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 
and 1.97.


0
2. Amend Sec.  171.7 by:
0
a. Revising paragraph (a)(1);
0
b. Removing paragraph (d)(2) and redesignating paragraphs (d)(3) 
through (8) as (d)(2) through (7) respectively;
0
c. Removing paragraph (i);
0
d. Removing paragraph (p);
0
e. Removing paragraph (ee);
0
f. Redesignating paragraphs (j) through (o) as (i) through (m) 
respectively;
0
g. Redesignating paragraphs (q) through (dd) as (n) through (bb) 
respectively; and
0
h. Revising newly designated paragraphs (q)(1) and (u)(9) as follows:


Sec.  171.7  Reference material.

    (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 Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists 
on the date of the approval and a notice of any change in the material 
will be published in the Federal Register. Matters referenced by 
footnote are included as part of the regulations of this subchapter.
* * * * *
    (q) * * *
    (1) No. TS-R-1, IAEA Safety Standards for Protecting People and the 
Environment; Regulations for the Safe Transport of Radioactive 
Material, (IAEA Regulations), 2009 Edition, into Sec. Sec.  171.22; 
171.23; 171.26, 173.415, 173.416, 173.417, 173.473.
* * * * *
    (u) * * *
    (9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive 
sources--General requirements and classification, (ISO 2919), second 
edition, February 15, 1999, into Sec.  173.469.
* * * * *

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

0
3. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.


0
4. In Sec.  172.203, paragraphs (d)(2), (d)(3), and (d)(4) are revised 
to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (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.''
* * * * *

0
5. In Sec.  172.310, paragraph (b) is revised to read as follows:


Sec.  172.310  Class 7 (radioactive) materials.

* * * * *
    (b) Each industrial, Type A, Type B(U), or Type B(M) package must 
be legibly and durably marked on the outside of the packaging, in 
letters at least 12 mm (0.47 in) high, with the words ``TYPE IP-1,'' 
``TYPE IP-2,'' ``TYPE IP-3,'' ``TYPE A,'' ``TYPE B(U)'' or ``TYPE 
B(M),'' as appropriate. A package which does not conform to Type IP-1, 
Type IP-2, Type IP-3, Type A, Type B(U) or Type B(M) requirements may 
not be so marked.
* * * * *

0
6. In Sec.  172.402, paragraph (d)(1) is revised to read as follows:


Sec.  172.402  Additional labeling requirements.

* * * * *
    (d) * * *
    (1) A subsidiary label is not required for a package containing 
material that satisfies all of the criteria in Sec.  173.4, Sec.  
173.4a, or Sec.  173.4b applicable to the subsidiary hazard class.
* * * * *

0
7. In Sec.  172.403, paragraphs (d) and (g)(2) are revised to read as 
follows:


Sec.  172.403  Class 7 (radioactive) material.

* * * * *
    (d) EMPTY label. See Sec.  173.428(e) of this subchapter for EMPTY 
labeling requirements.
* * * * *
    (g) * * *
    (2) Activity. The maximum activity of the radioactive contents in 
the package during transport must be expressed in

[[Page 40610]]

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.
* * * * *

0
8. In Sec.  172.504, paragraph (e), footnote 1 to Table 1 is revised to 
read as follows:


Sec.  172.504  General placarding requirements.

* * * * *
    (e) * * *
    \1\ RADIOACTIVE placards are also required for: All shipments of 
unpackaged LSA-I material or SCO-I; all shipments required by 
Sec. Sec.  173.427, 173.441, and 173.457 of this subchapter to be 
operated under exclusive use; and all closed vehicles used in 
accordance with Sec.  173.443(d).
* * * * *

0
9. In Sec.  172.505, paragraph (b) is revised to read as follows:


Sec.  172.505  Placarding for subsidiary hazards.

* * * * *
    (b) In addition to the RADIOACTIVE placard which may be required by 
Sec.  172.504(e) of this subpart, each transport vehicle, portable tank 
or freight container that contains 454 kg (1,001 pounds) or more gross 
weight of non-fissile, fissile-excepted, or fissile uranium 
hexafluoride must be placarded with a CORROSIVE placard on each side 
and each end.
* * * * *

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

0
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.


0
11. In Sec.  173.4, paragraph (a)(1)(iv) is removed and reserved, and 
paragraph (b) is revised to read as follows:


Sec.  173.4  Small quantities for highway and rail.

    (a) * * *
    (1) * * *
    (iv) [Reserved]
* * * * *
    (b) A package containing a Class 7 (radioactive) material also must 
conform to the requirements of Sec.  173.421(a)(1) through (a)(5), 
Sec.  173.424(a) through (g), or Sec.  173.426(a) through (c) as 
applicable.
* * * * *

0
12. In Sec.  173.25, paragraph (a)(4) is revised to read as follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (4) The overpack is marked with the word ``OVERPACK'' when 
specification packagings are required, or for Class 7 (radioactive) 
material when a Type A, Type B(U), Type B(M) or industrial 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.
* * * * *

0
13. In Sec.  173.401, paragraph (b)(4) is revised and a new paragraph 
(b)(5) is added to read as follows:


Sec.  173.401  Scope.

* * * * *
    (b) * * *
    (4) Natural material and ores containing naturally occurring 
radionuclides which are either in their natural state, or which have 
only been processed for purposes other than for extraction of the 
radionuclides, and which are not intended to be processed for the use 
of these radionuclides, provided the activity concentration of the 
material does not exceed 10 times the exempt material activity 
concentration values specified in Sec.  173.436, or determined in 
accordance with the requirements of Sec.  173.433.
    (5) Non-radioactive solid objects with radioactive substances 
present on any surfaces in quantities not exceeding the threshold 
limits set forth in the definition of contamination in Sec.  173.403.

0
14. Section 173.403 is amended as follows:
0
a. The definitions of ``contamination,'' ``criticality safety index 
(CSI),'' ``fissile material,'' ``low specific activity (LSA) 
material,'' ``radiation level,'' and ``uranium'' are revised.
0
b. In the definition of ``package,'' paragraphs (2)(i), (2)(ii), and 
(2)(iii) are revised to read as follows:


Sec.  173.403  Definitions.

* * * * *
    Contamination means the presence of a radioactive substance on a 
surface in quantities in excess of 0.4 Bq/cm\2\ for beta and gamma 
emitters and low toxicity alpha emitters or 0.04 Bq/cm\2\ for all other 
alpha emitters. There are two categories of contamination:
    (1) Fixed contamination means contamination that cannot be removed 
from a surface during normal conditions of transport.
    (2) Non-fixed contamination means contamination that can be removed 
from a surface during normal conditions of transport.
* * * * *
    Criticality Safety Index (CSI) means a number (rounded up to the 
next tenth) which is used to provide control over the accumulation of 
packages, overpacks or freight containers containing fissile material. 
The CSI for 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 Sec.  173.453.
* * * * *
    Low Specific Activity (LSA) material means Class 7 (radioactive) 
material with limited specific activity which is not fissile material 
or is excepted under Sec.  173.453, and which satisfies the 
descriptions and limits set forth below. Shielding material surrounding 
the LSA material may not be considered in determining the estimated 
average specific activity of the LSA material. LSA material must be in 
one of three groups:
    (1) LSA-I:
    (i) Uranium and thorium ores, concentrates of uranium and thorium 
ores, and other ores containing naturally occurring radionuclides which 
are intended to be processed for the use of these radionuclides; or
    (ii) Natural uranium, depleted uranium, natural thorium or their

[[Page 40611]]

compounds or mixtures, provided they are unirradiated and in solid or 
liquid form; or
    (iii) Radioactive material for which the A2 value is 
unlimited; or
    (iv) Other radioactive material in which the activity is 
distributed throughout and the estimated average specific activity does 
not exceed 30 times the values for activity concentration specified in 
Sec.  173.436 or calculated in accordance with Sec.  173.433, or 30 
times the default values listed in Table 8 of Sec.  173.433.
    (2) LSA-II:
    (i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L); 
or
    (ii) Other radioactive material in which the activity is 
distributed throughout and the average specific activity does not 
exceed 10-4 A2/g for solids and gases, and 
10-5 A2/g for liquids.
    (3) LSA-III. Solids (e.g., consolidated wastes, activated 
materials), excluding powders, that meet the requirements of Sec.  
173.468 and in which:
    (i) The radioactive material is distributed throughout a solid or a 
collection of solid objects, or is essentially uniformly distributed in 
a solid compact binding agent (such as concrete, bitumen, ceramic, 
etc.);
    (ii) The radioactive material is relatively insoluble, or it is 
intrinsically contained in a relatively insoluble material, so that, 
even under loss of packaging, the loss of Class 7 (radioactive) 
material per package by leaching when placed in water for seven days 
would not exceed 0.1 A2; and
    (iii) The estimated average specific activity of the solid, 
excluding any shielding material, does not exceed 2 x 10-3 
A2/g.
* * * * *
    Package * * *
    (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:

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

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

0
15. In Sec.  173.410, paragraph (i)(3) is revised to read as follows:


Sec.  173.410  General design requirements.

* * * * *
    (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).

0
16. Section 173.411 is revised to read as follows:


Sec.  173.411  Industrial packages.

    (a) General. Each industrial package must comply with the 
requirements of this section which specifies package tests, and record 
retention applicable to Industrial Package Type 1 (Type IP-1), 
Industrial Package Type 2 (Type IP-2), and Industrial Package Type 3 
(Type IP-3).
    (b) Industrial package certification and tests. (1) Each Type IP-1 
package must meet the general design requirements prescribed in Sec.  
173.410.
    (2) Each Type IP-2 package must meet the general design 
requirements prescribed in Sec.  173.410 and when subjected to the 
tests specified in Sec.  173.465(c) and (d) or evaluated against these 
tests by any of the methods authorized by Sec.  173.461(a), must 
prevent:
    (i) Loss or dispersal of the radioactive contents; and
    (ii) 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 
Sec.  173.412(a) through (j).
    (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 Sec.  173.427, provided that:
    (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

[[Page 40612]]

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 International 
Organization for Standardization document ISO 1496-1: ``Series 1 
Freight Containers--Specifications and Testing--Part 1: General Cargo 
Containers; excluding dimensions and ratings (IBR, see Sec.  171.7 of 
this subchapter). It must be designed such that if subjected to the 
tests prescribed in that document and the accelerations occurring 
during routine conditions of transport it would prevent:
    (A) Loss or dispersal of the radioactive contents; and
    (B) More than a 20% increase in the maximum radiation level at any 
external surface of the freight containers.
    (7) 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 Sec.  171.7 of this subchapter), ``Requirements for the 
Construction and Testing of Intermediate Bulk Containers,'' for Packing 
Group I or II, and if subjected to the tests prescribed in that 
document, but with the drop test conducted in the most damaging 
orientation, it would prevent:
    (A) Loss or dispersal of the radioactive contents; and
    (B) More than a 20% increase in the maximum radiation level at any 
external surface of the intermediate bulk container.
    (c) Except for Type IP-1 packages, each offeror of an industrial 
package must maintain on file for at least two years after the 
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.

0
17. In Sec.  173.412, paragraphs (f) and (k)(3)(ii) are revised to read 
as follows:


Sec.  173.412  Additional design requirements for Type A packages.

* * * * *
    (f) The containment system will retain its radioactive contents 
under the reduction of ambient pressure to 60 kPa (8.7 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.
* * * * *

0
18. In Sec.  173.415, paragraph (a) is revised to read as follows:


Sec.  173.415  Authorized Type A packages.

* * * * *
    (a) DOT Specification 7A (see Sec.  178.350 of this subchapter) 
Type A general packaging. Until January 1, 2017 each offeror of a 
Specification 7A package must maintain on file for at least one year 
after the latest shipment, and shall provide to DOT on request, 
complete documentation of tests and an engineering evaluation or 
comparative data showing that the construction methods, packaging 
design, and materials of construction comply with that specification. 
After January 1, 2017 each offeror of a Specification 7A package must 
maintain on file for at least two years after the offeror's latest 
shipment, and shall provide to DOT on request, one of the following:
    (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 Sec.  
173.465, and if applicable, Sec.  173.466, documentation of testing, 
including date, place of test, signature of testers, a detailed 
description of each test performed including equipment used, and the 
damage to each item of the containment system resulting from the tests, 
or
    (ii) For any other demonstration of compliance with tests 
authorized in Sec.  173.461, a detailed analysis which shows that, for 
the contents being shipped, the package meets the pertinent design and 
performance requirements for a DOT 7A Type A specification package.
    (2) If the offeror has obtained the packaging from another person 
who meets the definition of ``packaging manufacturer'' in Sec.  
178.350(c) of this subchapter, a certification from the packaging 
manufacturer that the package meets all the requirements of Sec.  
178.350 for the radioactive contents presented for transport and a copy 
of documents maintained by the packaging manufacturer that meet the 
requirements of paragraph (a)(1) of this section.
* * * * *
0
19. In Sec.  173.416, paragraph (c) is revised to read as follows:


Sec.  173.416  Authorized Type B packages.

* * * * *
    (c) A package approved by the U.S. Nuclear Regulatory Commission 
under a special package authorization granted in accordance with 10 CFR 
71.41(d) provided it is offered only for domestic transportation in 
accordance with the requirements in Sec.  173.471(b) and (c).

0
20. Section 173.417 is amended as follows:
0
a. Paragraphs (a)(3) and(b)(3) are removed;
0
b Table 3 is removed; and
0
c. Paragraph (c) is revised to read as follow:


Sec.  173.417  Authorized fissile materials packages.

* * * * *
    (c) A package approved by the U.S. Nuclear Regulatory Commission 
under a special package authorization granted in accordance with 10 CFR 
71.41(d) provided it is offered only for domestic transportation in 
accordance with the requirements in Sec.  173.471(b) and (c).

0
21. In Sec.  173.420, paragraph (a)(2)(ii) is removed and reserved, 
paragraphs (a)(3)(i) and (a)(6) are revised, and a new paragraph (e) is 
added to read as follows:


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

    (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 [deg]C (68[emsp14][deg]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-

[[Page 40613]]

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.

0
22. Section 173.421 is revised to read as follows:


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

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

0
23. In Sec.  173.422, the introductory text and paragraphs (a) and (e) 
are revised to read as follows:


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

    An excepted package of Class 7 (radioactive) material that is 
prepared for shipment under the provisions of Sec.  173.421, Sec.  
173.424, Sec.  173.426, or Sec.  173.428, or a small quantity of 
another hazard class transported by highway or rail (as defined in 
Sec.  173.4) which also meets the requirements of one of these 
sections, is not subject to any additional requirements of this 
subchapter, except for the following:
    (a) The outside of each package must be marked with:
    (1) The UN identification number for the material preceded by the 
letters UN, as shown in column (4) of the Hazardous Materials Table in 
Sec.  172.101 of this subchapter; and
    (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 Sec. Sec.  172.202(a)(5), 172.202(a)(6), 
172.203(d) and 172.204(c)(4).

0
24. Section 173.427 is revised to read as follows:


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

    (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 Sec.  173.453;
    (4) Packaged and unpackaged Class 7 (radioactive) materials must 
conform to the contamination control limits specified in Sec.  173.443;
    (5) External radiation levels may not exceed those specified in 
Sec.  173.441; and
    (6) For LSA material and SCO consigned as exclusive use:
    (i) Shipments must be loaded by the consignor and unloaded by the 
consignee from the conveyance or freight container in which originally 
loaded;
    (ii) There may be no loose radioactive material in the conveyance; 
however, when the conveyance is the packaging, there may not be any 
leakage of radioactive material from the conveyance;
    (iii) Packaged and unpackaged Class 7 (radioactive) 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; 
Sec.  173.411), subject to the limitations of Table 6;
    (2) In a DOT Specification 7A (Sec.  178.350 of this subchapter) 
Type A package;
    (3) In any Type B(U) or B(M) packaging authorized pursuant to Sec.  
173.416;
    (4) For domestic transportation of an exclusive use shipment that 
is less than an A2 quantity, in a packaging which meets the 
requirements of Sec.  173.410; or
    (5) In portable tanks, cargo tanks and tank cars, as provided in 
Sec. Sec.  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/cm\2\ for beta and 
gamma emitters and low toxicity alpha emitters and 0.4 Bq/cm\2\ for all 
other alpha emitters;
    (3) For SCO-I where it is reasonable to suspect that non-fixed 
contamination may exist on inaccessible surfaces in excess of the 
values specified in

[[Page 40614]]

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:

                          Table 5--Conveyance Activity Limits for LSA Material and SCO
----------------------------------------------------------------------------------------------------------------
                                                Activity limit for
            Nature of material               conveyances other than by    Activity limit for hold or compartment
                                                  inland waterway           of an inland waterway  conveyance
----------------------------------------------------------------------------------------------------------------
1. LSA-I.................................  No limit....................  No limit.
2. LSA-II and LSA-III; Non-combustible     No limit....................  100 A[ihel2].
 solids.
3. LSA-II and LSA-III; Combustible solids  100 A[ihel2]................  10 A[ihel2].
 and all liquids and gases.
4. SCO...................................  100 A[ihel2]................  10 A[ihel2].
----------------------------------------------------------------------------------------------------------------


                   Table 6--Industrial Package Integrity Requirements for LSA Material and SCO
----------------------------------------------------------------------------------------------------------------
                                                                 Industrial packaging type
                 Contents                 ----------------------------------------------------------------------
                                              Exclusive use shipment            Non exclusive use 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.
----------------------------------------------------------------------------------------------------------------


0
25. In Sec.  173.433, paragraphs (b) introductory text, (c) 
introductory text, (c)(1), (d)(3) and (h) are revised to read as 
follows:


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

* * * * *
    (b) For individual radionuclides which are not listed in the tables 
in Sec.  173.435 or Sec.  173.436 or for which no relevant data are 
available:
* * * * *
    (c) In calculating A[ihel1] and A2 values for approval 
in accordance with paragraph (b)(2) of this section:
    (1) It is permissible to use an A2 value calculated 
using a dose coefficient for the appropriate lung absorption type, as 
recommended by the International Commission on Radiological Protection, 
if the chemical forms of each radionuclide under both normal and 
accident conditions of transport are taken into consideration.
* * * * *
    (d) * * *
    (3) If the package contains both special and normal form Class 7 
(radioactive) material, the activity which may be transported in a Type 
A package must satisfy:
[GRAPHIC] [TIFF OMITTED] TR11JY14.096

Where:

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

                                Table 7--General Values for A[ihel1] and A[ihel2]
----------------------------------------------------------------------------------------------------------------
                                                             A[ihel1]                        A[ihel2]
              Radioactive contents               ---------------------------------------------------------------
                                                       (TBq)           (Ci)            (TBq)           (Ci)
----------------------------------------------------------------------------------------------------------------
1. Only beta or gamma emitting nuclides are           1 x 10-\1\   2.7 x 10[deg]      2 x 10-\2\    5.4 x 10-\1\
 known to be present............................
2. Alpha emitting nuclides, but no beta, gamma,       2 x 10-\1\     5.4 x 10\0\      9 x 10-\5\    2.4 x 10-\3\
 or neutron emitters, are known to be present
 \1\............................................
3. Neutron emitting nuclides are known to be          1 x 10-\3\    2.7 x 10-\2\      9 x 10-\5\    2.4 x 10-\3\
 present or no relevant data are available......
----------------------------------------------------------------------------------------------------------------
\1\ If beta or gamma emitting nuclides are also known to be present, the A[ihel1] value of 0.1 TBq (2.7 Ci)
  should be used.


[[Page 40615]]


                                        Table 8--General Exemption Values
----------------------------------------------------------------------------------------------------------------
                                                    Activity concentration for      Activity limits for exempt
                                                          exempt material                  consignments
              Radioactive contents               ---------------------------------------------------------------
                                                      (Bq/g)          (Ci/g)           (Bq)            (Ci)
----------------------------------------------------------------------------------------------------------------
1. Only beta or gamma emitting nuclides are            1 x 10\1\   2.7 x 10-\10\       1 x 10\4\    2.7 x 10-\7\
 known to be present............................
2. Alpha emitting nuclides, but no neutron            1 x 10-\1\   2.7 x 10-\12\       1 x 10\3\    2.7 x 10-\8\
 emitters, are known to be present..............
3. Neutron emitting nuclides are known to be          1 x 10-\1\   2.7 x 10-\12\       1 x 10\3\    2.7 x 10-\8\
 present or no relevant data are available......
----------------------------------------------------------------------------------------------------------------


0
26. The Sec.  173.435 table is amended by adding the entry under 
``[ADD]'' and revising entries under ``[REVISE]'' in the appropriate 
alphabetical sequence, footnotes (a) and (c) are revised, and footnote 
(h) is removed and reserved to read as follows:


Sec.  173.435  Table of A1 and A2 values for 
radionuclides.

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 Specific activity
      Symbol of  radionuclide        Element and  atomic  A[ihel1] (TBq)   A[ihel1] (Ci)  A[ihel2] (TBq)   A[ihel2] (Ci) -------------------------------
                                           number                               \b\                             \b\           (TBq/g)         (Ci/g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[ADD]
 
                                                                      * * * * * * *
Kr-79.............................  Krypton (36)........    4.0 x 10 \0\    1.1 x 10 \2\    2.0 x 10 \0\    5.4 x 10 \1\    4.2 x 10 \4\    1.1 x 10 \6\
 
                                                                      * * * * * * *
[REVISE]
 
                                                                      * * * * * * *
Cf-252............................  ....................      1 x 10-\1\             2.7    3.0 x 10-\3\    8.1 x 10-\2\    2.0 x 10 \1\    5.4 x 10 \2\
 
                                                                      * * * * * * *
Mo-99(a)(i).......................  ....................             1.0    2.7 x 10 \1\    6.0 x 10-\1\    1.6 x 10 \1\    1.8 x 10 \4\    4.8 x 10 \5\
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ A[ihel1] and/or A[ihel2] values for these parent radionuclides include contributions from daughter nuclides with half-lives less than 10 days as
  listed in footnote (a) to Table 2 in the ``IAEA Regulations for the Safe Transport of Radioactive Material, No. TS-R-1'' (IBR, see Sec.   171.7 of
  this subchapter).
\b\ The values of A[ihel1] and A[ihel2] in curies (Ci) are approximate and for information only; the regulatory standard units are Terabecquerels (TBq),
  (see Sec.   171.10).
\c\ The activity of Ir-192 in special form may be determined from a measurement of the rate of decay or a measurement of the radiation level at a
  prescribed distance from the source.
* * * * *
\h\ [Reserved]
* * * * *


0
27. The Sec.  173.436 table is amended by adding the entry under 
``[ADD]'' in the appropriate alphabetical sequence, revising the entry 
under ``[REVISE]'', and revising footnote (b) to read as follows:


Sec.  173.436  Exempt material activity concentrations and exempt 
consignment activity limits for radionuclides.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                     Activity        Activity
                                                   concentration   concentration  Activity limit  Activity limit
    Symbol of radionuclide         Element and      for exempt      for exempt      for exempt      for exempt
                                  atomic number   material  (Bq/  material  (Ci/    consignment     consignment
                                                        g)              g)             (Bq)            (Ci)
----------------------------------------------------------------------------------------------------------------
[ADD]
 
                                                  * * * * * * *
Kr-79.........................  Krypton (36)....    1.0 x 10 \3\    2.7 x 10-\8\    1.0 x 10 \5\    2.7 x 10-\6\
 
                                                  * * * * * * *
[REVISE]
Te-121m.......................                      1.0 x 10 \2\    2.7 x 10-\9\    1.0 x 10 \6\    2.7 x 10-\5\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\b\ Parent nuclides and their progeny included in secular equilibrium are listed as follows:
Sr-90 Y-90
Zr-93 Nb-93m

[[Page 40616]]

 
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

* * * * *

0
28. Section 173.443 is revised to read as follows:


Sec.  173.443  Contamination control.

    (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 Sec.  173.427(c) and 
remaining under that specific exclusive use, the level of non-fixed 
contamination may not exceed the limits set forth in Table 9 and must 
be determined by either:
    (i) Wiping an area of 300 cm\2\ of the surface concerned with an 
absorbent material, using moderate pressure, and measuring the activity 
on the wiping material. Sufficient measurements must be taken in the 
most appropriate locations to yield a representative assessment of the 
non-fixed contamination levels. The amount of radioactivity measured on 
any single wiping material, divided by the surface area wiped and 
divided by the efficiency of the wipe procedure (the fraction of 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:

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

    (b) In the case of packages transported as exclusive use shipments 
by rail or public highway only, except as provided in paragraph (d) of 
this section, 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, Sec.  173.427(b)(4), or Sec.  173.427(c) must be 
surveyed with appropriate radiation detection instruments after each 
exclusive use transport. Except as provided in paragraphs (a) and (d) 
of this section, these items may not be returned to Class 7 
(radioactive) materials exclusive use transport service, and then only 
for a subsequent exclusive use shipment utilizing one of the above 
cited provisions, unless the radiation dose rate at each accessible 
surface is 0.005 mSv per hour (0.5 mrem per hour) or less, and there is 
no significant non-fixed surface contamination as specified in 
paragraph (a) of this section. The requirements of this paragraph do 
not address return to service of items outside of the above cited 
provisions.
    (d) Paragraphs (b) and (c) of this section do not apply to any 
closed

[[Page 40617]]

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.

0
29. In Sec.  173.465, paragraphs (a) and (d)(1)(i) are revised to read 
as follows:


Sec.  173.465  Type A packaging tests.

    (a) The packaging, with contents, must be capable of withstanding 
the water spray, free drop, stacking and penetration tests prescribed 
in this section. One prototype may be used for all tests if the 
requirements of paragraph (b) of this section are met. The tests are 
successful if the requirements of Sec.  173.412(j) are met.
* * * * *
    (d) * * *
    (1) * * *
    (i) A total weight equal to five times the maximum weight of the 
package; or
* * * * *

0
30. In Sec.  173.466, paragraph (a) is revised to read as follows:


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

    (a) In addition to the tests prescribed in Sec.  173.465, Type A 
packagings designed for liquids and gases must be capable of 
withstanding the following tests in this section. The tests are 
successful if the requirements of Sec.  173.412(k) are met.
* * * * *

0
31. In Sec.  173.469, paragraphs (b)(2)(ii), (b)(2)(iii), (d)(1) and 
(d)(2) are revised, and a new paragraph (e) is added to read as 
follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (ii) The flat face of the billet must be 2.5 cm (1 inch) in 
diameter with the edge rounded off to a radius of 3 mm  0.3 
mm (0.12 inch  0.012 inch).
    (iii) The lead must be of hardness number 3.5 to 4.5 on the Vickers 
scale and thickness not more than 25 mm (1 inch), and must cover an 
area greater than that covered by the specimen.
* * * * *
    (d) * * *
    (1) The impact test and the percussion test of this section 
provided that the mass of the special form material is--
    (i) Less than 200 g and it is alternatively subjected to the Class 
4 impact test prescribed in ISO 2919 (IBR, see Sec.  171.7 of this 
subchapter), or
    (ii) Less than 500 g and it is alternatively subjected to the Class 
5 impact test prescribed in ISO 2919 (IBR, see Sec.  171.7 of this 
subchapter); and
    (2) The heat test of this section, provided the specimen is 
alternatively subjected to the Class 6 temperature test specified in 
the International Organization for Standardization document ISO 2919 
(IBR, see Sec.  171.7 of this subchapter).
    (e) Special form materials that were successfully tested prior to 
October 1, 2014 in accordance with the requirements of paragraph (d) of 
this section in effect prior to October 1, 2014 may continue to be 
offered for transportation and transported without additional testing 
under this section.

0
32. In Sec.  173.473, paragraph (a)(1) is revised to read as follows:


Sec.  173.473  Requirements for foreign-made packages.

* * * * *
    (a) * * *
    (1) Have the foreign competent authority certificate revalidated by 
the U.S. Competent Authority, unless this has been done previously. 
Each request for revalidation must be in triplicate, contain all the 
information required by Section VIII of the IAEA regulations in ``IAEA 
Regulations for the Safe Transport of Radioactive Material, No. TS-R-
1'' (IBR, see Sec.  171.7 of this subchapter), and include a copy in 
English of the foreign competent authority certificate. The request and 
accompanying documentation must be sent to the Associate Administrator 
for Hazardous Materials Safety (PHH-23), Department of Transportation, 
East Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. 
Alternatively, the request with any attached supporting documentation 
submitted in an appropriate format may be sent by facsimile (fax) to 
(202) 366-3753 or (202) 366-3650, or by electronic mail to 
``ramcert@dot.gov.'' Each request is considered in the order in which 
it is received. To allow sufficient time for consideration, requests 
must be received at least 90 days before the requested effective date;
* * * * *

0
33. In Sec.  173.476, paragraph (a) is revised to read as follows:


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

    (a) Each offeror of special form Class 7 (radioactive) materials 
must maintain on file for at least two years after the 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 
Sec.  173.469. An IAEA Certificate of Competent Authority issued for 
the special form material may be used to satisfy this requirement.
* * * * *

0
34. In Sec.  173.477, paragraph (a) is revised to read as follows:


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

    (a) Each offeror of a package containing more than 0.1 kg of 
uranium hexafluoride must maintain on file for at least two years after 
the 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

[[Page 40618]]

the requirements of Sec.  173.420. An IAEA Certificate of Competent 
Authority issued for the design of the packaging containing greater 
than 0.1 kg of non-fissile or fissile-exempted uranium hexafluoride may 
be used to satisfy this requirement.
* * * * *

PART 174--CARRIAGE BY RAIL

0
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.

0
36. In Sec.  174.700, paragraph (e) is removed and reserved.

0
37. In Sec.  174.715, paragraph (a) is revised to read as follows:


Sec.  174.715  Cleanliness of transport vehicles after use.

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

PART 175--CARRIAGE BY AIRCRAFT

0
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.


0
39. In Sec.  175.702, paragraph (b) is revised to read as set forth 
below, and paragraph (c) is removed:


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

* * * * *
    (b) In addition to the limits on combined criticality safety 
indexes stated in Sec.  175.700(b),
    (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.

0
40. In Sec.  175.705, paragraph (c) is revised to read as follows:


Sec.  175.705  Radioactive contamination.

* * * * *
    (c) An aircraft in which Class 7 (radioactive) material has been 
released must be taken out of service and may not be returned to 
service or routinely occupied until the aircraft is checked for 
radioactive substances and it is determined that any radioactive 
substances present do not meet the definition of radioactive material, 
as defined in Sec.  173.403 of this subchapter.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
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.

0
42. Section 176.715 is revised to read as follows:


Sec.  176.715  Contamination control.

    Each hold, compartment, or deck area used for the transportation of 
low specific activity or surface contaminated object Class 7 
(radioactive) materials under exclusive use conditions in accordance 
with Sec.  173.427(b)(4), or Sec.  173.427(c) must be surveyed with 
appropriate radiation detection instruments after each use. Such holds, 
compartments, and deck areas may not be used again for Class 7 
(radioactive) materials exclusive use transport service, and then only 
for a subsequent exclusive use shipment utilizing the provisions of 
Sec.  173.427(b)(4), or Sec.  173.427(c) until the radiation dose rate 
at every accessible surface is less than 0.005 mSv/h (0.5 mrem/h), and 
the non-fixed contamination is not greater than the limits prescribed 
in Sec.  173.443(a) of this subchapter.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
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 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.


0
44. In Sec.  177.843 paragraph (a) is revised to read as follows:


Sec.  177.843  Contamination of vehicles.

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

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
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.


0
46. In Sec.  178.350, paragraph (c) is revised to read as follows:


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

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

0
47. Section 178.356 and Sec. Sec.  178.356-1 through 178.358-6 are 
removed.

0
48. Section 178.358 and Sec. Sec.  178.358-1 through 178.358-6 are 
removed.

0
49. Section 178.360 and Sec. Sec.  178.360-1 through 178.360-4 are 
removed.

    Issued in Washington, DC, on June 27, 2014 under authority 
delegated in 49 CFR 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2014-15514 Filed 7-10-14; 8:45 am]
BILLING CODE 4910-60-P