[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Proposed Rules]
[Pages 50332-50358]
[FR Doc No: 2011-19872]

Vol. 76

Friday,

No. 156

August 12, 2011

Part II

Department of Transportation

-----------------------------------------------------------------------

Pipeline and Hazardous Materials Safety Administration

-----------------------------------------------------------------------

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

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

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

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

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

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

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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

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

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

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

SUPPLEMENTARY INFORMATION:

Contents

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

I. Background

    Under their respective statutory authorities, PHMSA and the NRC
jointly regulate the transportation of radioactive materials to, from,
and within the United States. In accordance with their July 2, 1979,
Memorandum of Understanding (a copy of which has been placed in the
docket of this rulemaking) (44 FR 38690):
    1. PHMSA regulates both shippers and carriers with respect to:
    A. Packaging requirements;
    B. Communication requirements for:
     Shipping paper contents,
     Package labeling and marking requirements, and
     Vehicle placarding requirements;
    C. Training and emergency response requirements; and
    D. Highway routing requirements.
    2. NRC requires its licensees to satisfy requirements to protect
public health and safety and to assure the common defense and security,
and:
    A. Certifies Type B and fissile material package designs and
approves package quality assurance programs for its licensees;
    B. Provides technical support to PHMSA and works with PHMSA to
ensure consistency with respect to the transportation of Class 7
(radioactive) materials; and
    C. Conducts inspections of licensees and an enforcement program
within its jurisdiction to assure compliance with its requirements.''
    Since 1968, PHMSA and the NRC (and their predecessor agencies)
have, to the extent practicable, harmonized their respective
regulations with international regulations of the IAEA in:
     Safety Series No. 6, Regulations for the Safe Transport of
Radioactive Material, as published in 1961 and revised in 1964 and
1967. Amendents to the HMR were adopted in a final rule published on
October 4, 1968 in Docket HM-2 (33 FR 14918).
     The major updates of Safety Series No. 6 in 1973 and 1985.
See the final rules published on March 10, 1983 in Docket HM-169 (48 FR
10218) and September 28, 1995, in Docket HM-169A (60 FR 50291).
     The 1996 major revision to the Safety Series No. 6,
renamed ``Regulations for the Safe Transport of Radioactive Material,
1996 Edition, No. ST-1'' issued by the IAEA in 1996 and republished in
2000 to include minor editorial changes at which time the previous
designation was changed to ``Regulations for the Safe Transport of
Radioactive Material, 1996 Edition, No. TS-R-1, (ST-1, Revised).'' See
the final rule published on January 26, 2004, in Docket HM-230 (69 FR
3632).
    Since then, the IAEA has published amendments and revised editions
of TS-R-1 in 2003, 2005, and 2009.
    In this notice, PHMSA is proposing to amend the HMR to maintain
alignment with the 2009 Edition of TS-R-1 which incorporates all of the
changes made to TS-R-1 in the 2003 amendments, the 2005 Edition, as
well as other revisions. (In this notice, PHMSA uses the nomenclature
``TS-R-1'' to refer to the 2009 Edition of TS-R-1, a copy of which may
be obtained from the U.S. distributors, Bernan, 15200 NBN Way, P.O. Box
191, Blue Ridge Summit, PA 17214, telephone<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>or Renouf Publishing Company Ltd., 812 Proctor
Ave., Ogdensburg, NY 13669, telephone: 1-888-551-7470, e-mail:
<EMAIL_ADDRESS>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.
    In addition to changes to harmonize with TS-R-1, PHMSA is proposing
regulatory amendments identified through internal regulatory review
processes to update, clarify, correct, or provide relief from certain
regulatory requirements applicable to the transportation of Class 7
(radioactive) materials.
    As in PHMSA's past rulemakings to incorporate updates of the IAEA
regulations into the HMR, PHMSA is working in close cooperation with
the NRC in the development of this rulemaking. PHMSA anticipates that
NRC will publish a parallel rulemaking at a future date. Since the
proposed rules will be published separately, there is a risk of
differences in overlapping proposals that may affect the compatibility
of NRC and PHMSA regulations. PHMSA and NRC will coordinate the
development and publication schedules for the final rules, and if
necessary, may issue a supplemental notice of proposed rulemaking to
ensure that the proposed rules are compatible. This NPRM addresses only
the areas for which DOT has jurisdiction as defined in the MOU with
NRC. Comments on non-DOT issues or on DOT issues not within the scope
of this rulemaking will not be addressed by DOT as part of this
rulemaking. Comments responding to the NRC's parallel NPRM, which is
expected be published in the Federal Register at a future date, should
be submitted in accordance with the public participation guidelines
established by NRC.

II. Overview of Proposed Changes in This NPRM

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

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

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

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

B. Other Proposed Amendments

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

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

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

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

III. Section-by-Section Review

Part 171

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

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

Part 172

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

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

Part 173

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

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

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

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

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

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

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

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

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

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

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

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

C. Executive Order 13132

    Executive Order 13132 requires agencies to assure meaningful and
timely input by state and local officials in the development of
regulatory policies that may have a substantial, direct effect on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. A rule has implications for Federalism
under Executive Order 13132, Federalism, if it has a substantial direct
effect on state or local governments and would either preempt state law
or impose a substantial direct cost of compliance on them. PHMSA does
not believe the changes proposed in this NPRM would have any
substantial direct effect on state or local governments, but we invite
states and local governments to comment on the effect that the adoption
of this rule may have on state or local safety or environmental
protection programs.

D. Executive Order 13175

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

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

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

F. Paperwork Reduction Act

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

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

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

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

OMB Control Number 2137-0034

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

OMB Control Number 2137-0510

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

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

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

I. Environmental Assessment

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

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

J. Privacy Act

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

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. PHMSA participates in the establishment of
international standards to protect the safety of the American public,
and PHMSA has assessed the effects of the proposed rule to ensure that
it does not exclude imports that meet this objective. Accordingly, this
rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad
safety.

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 177

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

49 CFR Part 178

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

    In consideration of the foregoing, 49 CFR chapter I is proposed to
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.

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

Sec.  171.7  Reference material.

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

----------------------------------------------------------------------------------------------------------------
        Source and name of material                                    49 CFR reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
International Atomic Energy Agency (IAEA),
 P.O. Box 100, Wagramer Strasse 5, A-1400
 Vienna, Austria:

                                                  * * * * * * *
IAEA Safety Standards, Regulations for the   171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.473.
 Safe Transport of Radioactive Material,
 2009 Edition, Safety Requirements, No. TS-
 R-1.

                                                  * * * * * * *
International Organization for
 Standardization, Case Postale 56, CH-1211,
 Geneve 20, Switzerland:

                                                  * * * * * * *
ISO 2919-1999(E) Radiation Protection--      173.469.
 Sealed radioactive sources--General
 requirements and classification.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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

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

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

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

Sec.  172.203  Additional description requirements.

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

Sec.  172.310  Class 7 (radioactive) materials.

* * * * *
    (b) Each industrial, Type B(U), or Type B(M) package must be
legibly and durably marked on the outside of the packaging, in letters
at least 13 mm (0.5 in) high, with the words ``TYPE IP-1,'' ``TYPE IP-
2,'' ``TYPE IP-3,'' ``TYPE B(U)'' or ``TYPE B(M),'' as appropriate.
Each Type A package must be marked in accordance with Sec.  178.350. A
package which does not conform to Type IP-1, Type IP-2, Type IP-3, Type
A, Type B(U) or Type B(M) requirements may not be so marked.
* * * * *
    6. In Sec.  172.402, paragraph (d)(1) is revised to read as
follows:

Sec.  172.402  Additional labeling requirements.

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

Sec.  172.403  Class 7 (radioactive) material.

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

Sec.  172.504  General placarding requirements.

* * * * *
    (e) * * *

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

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

Sec.  172.505  Placarding for subsidiary hazards.

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

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

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

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

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

Sec.  173.4  Small quantity exceptions.

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

Sec.  173.25  Authorized packagings and overpacks.

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

Sec.  173.401  Scope.

* * * * *
    (b) * * *
    (4) Natural material and ores containing naturally occurring
radionuclides which are either in their natural state, or which have
only been processed for purposes other than for extraction of the
radionuclides, and which are not intended to be processed for the use
of these radionuclides, provided the activity concentration of the
material does not exceed 10 times the exempt material activity
concentration values specified in Sec.  173.436, or determined in
accordance with the requirements of Sec.  173.433.
    (5) Non-radioactive solid objects with radioactive substances
present on any surfaces in quantities not exceeding the threshold
limits set forth in the definition of contamination in Sec.  173.403.
    14. In 173.403, the definitions for ``Contamination,''
``Criticality Safety Index (CSI),'' ``Fissile material,'' ``Low
Specific Activity (LSA) material,'' paragraph (2) of the definition
``Package,'' ``Radiation level,'' and ``Uranium'' are revised to read
as follows:

Sec.  173.403  Definitions.

* * * * *
    Contamination means the presence of a radioactive substance on a
surface in quantities in excess of 0.4 Bq/cm\2\ for beta and gamma
emitters and low toxicity alpha emitters or 0.04 Bq/cm\2\ for all other
alpha emitters. There are two categories of contamination:
    (1) Fixed contamination means contamination that cannot be removed
from a surface during normal conditions of transport.
    (2) Non-fixed contamination means contamination that can be removed
from a surface during normal conditions of transport.
* * * * *
    Criticality Safety Index (CSI) means a number (rounded up to the
next tenth) which is used to provide control over the accumulation of
packages, overpacks or freight containers containing fissile material.
The CSI for packages containing fissile material is determined in
accordance with the instructions provided in 10 CFR 71.22, 71.23, and
71.59. The CSI for an overpack, freight container, consignment or
conveyance containing fissile material packages is the arithmetic sum
of the criticality safety indices of all the fissile material packages
contained within the overpack, freight container, consignment or
conveyance.
* * * * *
    Fissile material means plutonium-239, plutonium-241, uranium-233,
uranium-235, or any combination of these radionuclides. Fissile
material means the fissile nuclides themselves, not material containing
fissile nuclides. Unirradiated natural uranium and depleted uranium and
natural uranium or depleted uranium, that has been irradiated in
thermal reactors only, are not included in this definition. Certain
exceptions for fissile materials are provided in Sec.  173.453.
* * * * *
    Low Specific Activity (LSA) material means Class 7 (radioactive)
material with limited specific activity which is not fissile material
or is excepted under Sec.  173.453, and which satisfies the
descriptions and limits set forth below. Shielding material surrounding
the LSA material may not be considered in determining the estimated
average specific activity of the LSA material. LSA material must be in
one of three groups:
    (1) LSA-I:
    (i) Uranium and thorium ores, concentrates of uranium and thorium
ores, and other ores containing naturally occurring radionuclides which
are intended to be processed for the use of these radionuclides; or
    (ii) Natural uranium, depleted uranium, natural thorium or their
compounds or mixtures, provided they are unirradiated and in solid or
liquid form; or
    (iii) Radioactive material for which the A2 value is
unlimited; or
    (iv) Other radioactive material in which the activity is
distributed throughout and the estimated average specific activity does
not exceed 30 times the values for activity concentration specified in
Sec.  173.436 or calculated in accordance with Sec.  173.433, or 30
times the default values listed in Table 8 of Sec.  173.433.
    (2) LSA-II:
    (i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L);
or
    (ii) Other radioactive material in which the activity is
distributed throughout and the average specific activity does not
exceed 10-4 A2/g for solids and gases, and
10-5 A2/g for liquids.
    (3) LSA-III. Solids (e.g., consolidated wastes, activated
materials), excluding powders, that meet the requirements of Sec.
173.468 and in which:
    (i) The radioactive material is distributed throughout a solid or a
collection of solid objects, or is essentially uniformly distributed in
a solid compact binding agent (such as concrete, bitumen, ceramic,
etc.);
    (ii) The radioactive material is relatively insoluble, or it is
intrinsically contained in a relatively insoluble material, so that,
even under loss of packaging, the loss of Class 7 (radioactive)
material per package by leaching when placed in water for seven days
would not exceed 0.1 A2; and
    (iii) The estimated average specific activity of the solid,
excluding any shielding material, does not exceed 2 x 10-3
A2/g.
* * * * *
    Package * * *
    (2) ``Industrial package'' means a packaging together that,
together with its low specific activity (LSA) material or surface
contaminated object (SCO) contents, meets the requirements of
Sec. Sec.  173.410 and 173.411. Industrial