[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50292-50336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22773]
[[Page 50291]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Hazardous Materials, Transportation Regulations; Compatibility with
Regulations of the International Atomic Energy Agency; Final Rule
Federal Register / Vol. 60, No. 188 / Thursday, September 28, 1995 /
Rules and Regulations
[[Page 50292]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, 177, and 178
[Docket No. HM-169A; Amdt. Nos. 171-135, 172-143, 173-244, 174-80, 175-
53, 176-37, 177-85, 178-109]
RIN 2137-AB60
Hazardous Materials Transportation Regulations; Compatibility
with Regulations of the International Atomic Energy Agency
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the Hazardous Materials Regulations
pertaining to the transportation of radioactive materials to harmonize
them with those of the International Atomic Energy Agency (IAEA) and,
thus, most major nuclear nations of the world. Several substantive
changes are made to provide a more uniform degree of safety for various
types of shipments, such as requiring offerors and carriers to maintain
written radiation protection programs, revisions to the definition and
packaging for low specific activity radioactive materials, and
requiring use of the International System of Units for the measurement
of activity in a package of radioactive material. However, the basic
standards for packaging radioactive materials remain unchanged. The
intended effect of this rulemaking is to increase the level of safety
and facilitate international commerce concerning the transportation of
radioactive materials. Elsewhere in todays Federal Register, the
Nuclear Regulatory Commission (NRC) has published a corresponding final
rule to its transportation regulations found in 10 CFR Part 71.
DATES: Effective date. The effective date of these amendments is April
1, 1996.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this amendment is approved by the
Director of the Federal Register as of April 1, 1996.
Compliance date. Voluntary compliance with these regulations, as
amended herein, is authorized as of November 1, 1995.
FOR FURTHER INFORMATION CONTACT: A. Wendell Carriker, Office of
Hazardous Materials Technology, (202) 366-4545, or John A. Gale, Office
of Hazardous Materials Standards, (202) 366-8553, U.S. Department of
Transportation, 400 Seventh Street SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
On November 14, 1989, RSPA published a notice of proposed
rulemaking (NPRM; Notice No. 89-8; 54 FR 47454) under Docket HM-169A
proposing to amend the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180) pertaining to the transportation of radioactive
materials so that the HMR would be consistent with IAEA Safety Series
No. 6, ``Regulations for the Safe Transport of Radioactive Material
Revised 1985 and Supplemented 1988'' (IAEA SS6-85). An extension of
time to file comments until May 11, 1990, was published in the Federal
Register on February 8, 1990 (55 FR 4445).
II. Comments Received
A total of 56 comments were received, representing the views of
Federal and State agencies, power utilities, and offerors and carriers
of radioactive materials. All commenters were in general agreement with
the NPRM, but expressed concerns on various topics. Several commenters
requested that RSPA issue a second NPRM incorporating the knowledge
gained from the comments received. RSPA does not agree that a second
NPRM is needed or desirable. RSPA believes that the issues addressed in
this Docket should not be delayed further and that the merits of
comments have been addressed in this final rule, alleviating the need
for another NPRM to be issued under Docket HM-169A.
RSPA received many comments that were editorial and general in
nature and some comments that raised issues beyond the scope of this
rulemaking. All of the comments that correctly pointed out editorial
errors in the NPRM are adopted. Comments that are beyond the scope of
this rulemaking are not adopted, and, generally, have not been
discussed in this preamble. Other comments to Notice No. 89-8 are
discussed in the applicable parts of Section III and IV of this
preamble.
III. Discussion of Amendments
While this final rule amends extensive portions of the regulations
dealing with the transportation of radioactive materials, the majority
of the changes are not substantive. Many changes involve the revision
of section and paragraph numbers and their references and the
incorporation of the International System of Units (SI units) for
radiological measurements, where appropriate. In addition, some
sections are rewritten to provide clarity without changing their
subject matter. Although not all of 49 CFR Part 173, Subpart I,
entitled ``Radioactive Materials'', has been amended, it is reissued in
its entirety for convenience of the reader. Substantive changes are
discussed in the following paragraphs.
A. Radiation Protection
On January 27, 1987, the Environmental Protection Agency (EPA)
published a document entitled, ``Radiation Protection Guidance to
Federal Agencies for Occupational Exposure: Recommendations Approved by
the President.'' Among its recommendations, EPA specified that no
exposure should occur unless an overall benefit is derived from the
activity causing the exposure; that radiation doses must be maintained
as low as is reasonably achievable (ALARA); that the annual effective
dose equivalent be limited to 50 millisieverts (mSv) (5 rem) to the
whole body, 150 mSv (15 rem) to lens of the eye, and 500 mSv (50 rem)
to any other organ, tissue or extremity of the body; that occupational
exposure for individuals under the age of 18 not exceed 1/10 of the
values recommended for radiation workers; and that the dose equivalent
to an embryo-fetus as a result of the occupational exposure of a woman
who has declared herself to be pregnant should not exceed 5 mSv (500
mrem) during the entire gestation period.
In establishing the requirements for radiation protection programs
in this rule, RSPA believes they are consistent with the intent of the
requirements issued by EPA. RSPA views the radiation exposures being
received by workers and the general public as offset by beneficial uses
of radioactive material. These benefits are not possible without
transportation. The required radiation protection program must keep all
radiation exposures as low as reasonably achievable (ALARA), which is
also a basic requirement of the EPA guidance. The radiation dose limit
specified for workers is 50 mSv (5 rem) per year, which is the whole
body dose limit specified in the EPA guidance; and similarly workers
are not subject to a radiation protection program if the expected
annual radiation dose is less than 5 mSv (500 mrem). The radiation dose
limit for an embryo-fetus carried by a female worker who has declared
her pregnancy is consistent with the EPA requirements. The radiation
protection program has elements that involve training workers,
maintaining records, and providing certain kinds of information to
workers and to RSPA.
[[Page 50293]]
The EPA guidance provides different limits for organs and parts of
the body, which include concerns for radiation doses that may result
from radioactive material being deposited in a person's body. RSPA
recognizes the existence of these more detailed requirements that
typically relate to fixed facilities. However, for purposes of
transportation, RSPA believes the whole body radiation dose due to
external radiation exposure is the primary concern and adequately
represents the potential risk to workers and members of the general
public. Therefore, these regulations impose requirements only on the
whole body radiation doses received due to exposure to external sources
of ionizing radiation.
In the NPRM, RSPA proposed to satisfy the 50 mSv (5 rem) per year
EPA dose limitation for occupationally exposed workers by establishing
a three-tiered radiation protection program based on provisions in the
IAEA transportation regulations. In the proposed rule, no special work
patterns or monitoring would have been required for workers receiving a
dose less than 5 mSv (500 mrem) per year. For doses between 5 mSv (500
mrem) and 15 mSv (1.5 rem) per year, carriers and other persons would
have to determine if special work patterns or monitoring were
necessary. For expected doses above 15 mSv (1.5 rem) up to 50 mSv (5
rem), individuals would need to be provided radiation dosimetry devices
for monitoring doses.
Most commenters agreed in principle that radiation protection
requirements should be extended to transportation and transportation-
related operations, but objected to some of the mandatory provisions.
Several commenters were concerned about the ability of offerors and
carriers to determine their applicable ``tier''. The Department of
Energy (DOE) stated that carriers need criteria to evaluate the three
levels. DuPont stated that transport index is the only quantitative
information available to carriers in order to determine if a radiation
protection program is necessary. The Hazardous Materials Advisory
Council (HMAC) stated that, in making an initial assessment of exposure
to determine the appropriate tier of control, a carrier has only a
single piece of information to work from: the transport index (TI).
HMAC went on to say that DOT should offer specific implementing
guidelines on developing a radiation protection program. Other
commenters stated that specific guidelines should be issued in order
for offerors and carriers to develop a radiation protection program.
On the basis of the data submitted to the docket, RSPA concurs with
those commenters who stated that the three-tiered approach for
determining the scope of a radiation protection program is too
difficult and costly for most offerors and carriers to implement. RSPA
also concurs with those commenters that stated that TI is the best data
available to offerors and carriers in order to determine if a radiation
protection program is necessary. Therefore, RSPA is replacing the
three-tier approach with a radiation protection program based on the
total TI that is handled by an offeror or carrier during a period of
one year. A radioactive materials transportation activity involving
handling packages with TI's totaling 200 or more in a period of one
year is established as a threshold condition which would require a
hazardous materials (hazmat) employer to implement a radiation
protection program. Persons are excepted from the requirements of
establishing a radiation protection program if they handle less than
200 TI in any 12-month period. Therefore, persons who offer or accept
only WHITE-I or limited quantity radioactive material packages are
excepted from the radiation protection program requirements.
Another exception for not establishing a radiation protection
program is established for offeror and carriers who handle more than
200 TI per year. This exception involves having a qualified radiation
protection specialist to evaluate the doses that workers might receive
during a period of one year while handling radioactive materials during
transportation. If the evaluation shows that no worker would be
expected to receive a dose of 5 mSv (500 mrem) in one year, then a
radiation protection program is not required.
If an offeror or carrier of radioactive materials is excepted from
establishing a radiation protection program, they must maintain certain
records and make them available to RSPA or other authorized officials
upon request. The records must show that either the total TI of
packages transported in any 12-month period is less than 200, or that
the current radioactive materials transport activities are the same as
the activities that were reviewed by a competent radiation protection
specialist whose evaluation demonstrated that no worker will receive a
dose exceeding 5 mSv (500 mrem) in one year and that radiation doses to
members of the general public are acceptably low.
The 200-TI threshold for relief from the radiation protection
program requirements is based on findings in NUREG/CR-2200, ``Radiation
Exposure of Transportation Workers Handling Large Quantities of
Radioactive Packages.'' This study determined that the highest exposure
from transporting radioactive materials was from handling of the
packages, and found that the average exposure index (i.e., the
collective dose to workers per total TI) for handling packages was
about 0.45 person mrem/TI. This value is supported by findings
presented in NUREG-0154, ``Exposure of Airport Workers to Radiation
From Shipments of Radioactive Materials''. This value is also supported
by data on file from holders of exemptions E-10045 and E-8308. Using
the value of 0.45 (person mrem/TI) for those activities involving an
annual TI of 200 or less, annual radiation doses should not exceed the
recommended levels for members of the general public.
Offerors and carriers subject to the radiation protection program
are required to develop and implement a written radiation protection
program that prohibits a person from receiving an occupational exposure
(dose) of 12.5 mSv (1.25 rem) in any 3-month period or 50 mSv (5 rem)
in any 12-month period. To document that no person has received such a
dose, all occupationally exposed hazmat employees are required to be
monitored by radiation dosimetry devices such as film badges. In
conjunction with hazardous materials safety training requirements of
Sec. 172.704, hazmat employers of occupationally exposed hazmat
employees must implement procedures to reduce the exposures of hazmat
employees to ionizing radiation to levels that are as low as reasonably
achievable (ALARA). In addition, radiation protection programs must be
developed and implemented in accordance with the EPA guidance. In order
to provide offerors and carriers with the flexibility to tailor a
radiation protection program to their specific operations, and because
no set of guidelines could accommodate all of the possible activities
that are involved in the transportation of radioactive materials, RSPA
refrains from imposing a specific set of guidelines on developing a
radiation protection program. RSPA understands the complexities
involved in developing and instituting a radiation protection program
and is delaying compliance with these requirements until October 1,
1997.
Several commenters claimed that a radiation protection program
based on the ALARA principles would be ``too subjective'' and would be
difficult both to apply and to enforce and, thus,
[[Page 50294]]
should not be adopted as a mandatory requirement in the HMR. RSPA
acknowledges the difficulties of enforcing a radiation protection
program that is based on the principles of ALARA. However, the EPA
guidance, and the radiation programs requirements of the NRC and the
Occupational Safety and Health Administration are based on ALARA
principles. The principle of reduction of exposure to levels that are
ALARA is typically implemented in two different ways. First, it is
applied to the design of the facility so as to reduce, prospectively,
the anticipated exposure of workers. Second, it is applied to actual
operations; that is work practices are designed and carried out to
reduce the exposure of workers. Effective implementation of the ALARA
principles involves: education of workers concerning the health risks
of exposure to radiation; training in regulatory requirements and
procedures to control exposure levels and doses; and management and
supervision of radiation protection activities, including the choice
and implementation of radiation control measures. RSPA believes that
adoption of the ALARA principles as a requirement in the HMR is an
important facet of a radiation protection program, and, therefore, is
not adopting these commenters request to adopt the ALARA principles as
a non-mandatory requirement.
As noted above, radiation protection programs must be developed and
implemented in accordance with the EPA guidance. In order to make it
easier for the regulated community to comply with the radiation
protection program requirements, RSPA has extracted from the EPA
guidance and placed in the HMR some of the more important aspects of
the EPA guidance. These include the limits on exposure to pregnant
females and persons under the age of 18, and recordkeeping
requirements.
Though RSPA is not imposing a specific set of guidelines to be
followed in developing a radiation protection program, RSPA is
referencing two reports from the National Council on Radiation
Protection and Measurements (NCRP) which provide useful information in
developing and implementing a radiation protection program. NCRP Report
No. 116, titled ``Limitation of Exposure to Ionizing Radiation'',
addresses limits for workers as well as for members of the general
public. That report is essentially consistent with the most recent
guidance from the International Commission on Radiological Protection
(ICRP) which is also being incorporated into the basic radiation
protection standards of the IAEA. In NCRP Report No. 116 the annual
radiation dose limit for workers is essentially 20 mSv (2 rem) and the
limit for members of the general public is 1 mSv (100 mrem) per year.
The report contains many of the requirements in the 1987 EPA Guidance,
and 10 CFR Part 20. The recommendations in NCRP Report No. 116 cover
existing and probable future radiation dose limits and practices for
regulating the radiation doses.
The other NCRP Report, No. 59 ``Operational Radiation Safety
Program'' (1978) is recommended as guidance to be tailored to the needs
of a hazmat employer when a radiation protection program needs to be
established. The report contains information about organization,
activities, emergency planning, equipment, reporting and documentation,
facilities, training, personnel qualifications, etc. The information is
useful for developing radiation protection programs for small and large
corporations.
In this final rule, the radiation dose limit for members of the
general public is the same as those proposed in the NPRM, (i.e., 5 mSv
(500 mrem)) per year. This value is consistent with the Federal
Radiation Council (FRC) guidance of 1960 and was consistent with the
NRC's 10 CFR Part 20 in 1989. Subsequently, NRC revised 10 CFR Part 20
and their annual limit for exposures to members of the general public
is now 1 mSv (100 mrem) per year. EPA is currently developing guidance
for regulatory agencies for limiting radiation exposures for members of
the general public, and the anticipated annual limit is expected to be
1 mSv (100 mrem) with no single practice or activity causing a person
to receive more than a minor fraction of that limit. In a future
rulemaking, RSPA will address the new guidance from EPA concerning
exposures of the general public.
A number of commenters questioned the relationship between
radiation exposure limits proposed in the NPRM and the minimum
separation distances required in the HMR. The DOE noted that, if
changes are not made, the occupational dose limits proposed in
Sec. 173.405 would be quickly exceeded as a result of the modal
requirements in Parts 174-177. RSPA acknowledges the differences
between the dose limits established in the radiation protection
programs and the dose rate limits related to TI separation distances
set forth in Parts 174, 175, 176, and 177. However, RSPA believes that
requirements addressing both annual dose limits and TI/separation
distances are essential in establishing effective radiation protection
standards. Minimization of annual doses received by occupationally
exposed workers and members of the general public is the primary
objective in any adequate radiation protection program. Although TI/
separation distance requirements do not, in themselves, assure that
annual dose requirements will be met, they comprise minimal operational
requirements that must also be satisfied. A carrier may have to impose
more restrictive limits in its radiation protection program.
A number of commenters asked if radiation protection requirements
apply only to workers preparing the material for shipment, to workers
receiving packages, or to carriers during transport. This confusion
arose because the radiation protection program requirements were
proposed to be adopted in Part 173. Accordingly, RSPA is clarifying the
applicability of the requirements for the radiation protection program
by moving the requirements to subpart I in Part 172 in order to clarify
that the requirements apply to both offerors and carriers of
radioactive materials. In addition, applicable sections have been added
to the modal parts in Parts 174, 175, 176 and 177, in order to ensure
that carriers are aware of the radiation protection requirements in
subpart I of part 172. RSPA agrees with a number of commenters that
provisions established in this final rule should not replace or
duplicate existing approved radiation protection program requirements.
Accordingly, RSPA is adding an exception which states that any
radiation protection program already in place and approved by an
appropriate federal or state agency is deemed adequate to meet the
radiation protection requirements of the HMR.
Many commenters were concerned about the definitions of several
terms, particularly ``transport worker'' and ``general public''. The
phrase ``transport worker'' is being replaced by the phrase ``hazmat
employee'', which was defined in Sec. 171.8 as a result of Docket HM-
126F. In the context of radiation protection programs, this term is
further refined to include only ``occupationally exposed hazmat
employees.'' In this final rule, the term ``general public'' is defined
in Sec. 171.8 to include persons other than occupationally exposed
hazmat employees.
Several comments compared the requirement to provide training as to
the hazards of radioactive materials and the provisions in Part 172,
Subpart H to provide safety training to all hazmat employees. As
specified in Part 172,
[[Page 50295]]
subpart H, hazmat employees must receive safety training in all classes
of hazardous materials with which they work; therefore, the requirement
proposed in Sec. 173.405(c) to train persons as to the hazards of
radioactive materials is no longer necessary and is not adopted in this
final rule.
B. Low Specific Activity Material and Surface Contaminated Objects
Based on the provisions contained in IAEA SS6-85, RSPA proposed to
revise comprehensively the regulations for the shipment of low specific
activity (LSA) radioactive material. A new designation for radioactive
material called surface contaminated object (SCO) was also proposed.
Unlike LSA, which requires a uniform distribution of radioactive
material within the material; materials classified as SCO are not
inherently radioactive, rather they are objects with radioactive
contamination on their surfaces.
The proposals for LSA and SCO consisted of the following:
1. An expansion of the LSA definition to include new types of
material;
2. A new definition of ``surface contaminated object'' (SCO) that
is treated in a manner similar to LSA material; and
3. An increase of specific activity limits for nondispersible,
nonrespirable forms of LSA material while at the same time limiting the
quantity of LSA material that can be shipped in other than a Type B
package to 2 times the A1 value (2A1) for the specific
nuclide being transported.
A new type of package, called the ``industrial package'', was also
proposed for the handling of LSA and surface contaminated objects
(SCO). Three categories of industrial packages (IP), IP-1, IP-2 and IP-
3, were proposed. RSPA proposed to require these packages for the
shipment of LSA and SCO instead of currently required packages (i.e.,
either a modified Type A package or a strong, tight (nonspecification)
package.
Commenters raised concerns over various aspects of the proposed
regulation of LSA materials, including the proposed definitions,
potential increases in packaging costs for LSA materials, and the
proposed removal of an exclusive use shipment exception in
Sec. 173.425(b). Particularly, commenters objected to requiring Type B
packages for the shipments of LSA exceeding 2 times the A1 value
of the radionuclide. Commenters claimed that the 2A1 limit was not
a close approximation of the IAEA limit of 1 rem/h at 3 meters.
Commenters claimed that a closer approximation of the IAEA limit is 4
times the A1 value (4A1). Commenters stated that the IAEA
limit of 1 rem/h at 3 meters, a limit 4A1, or a combination of the
two, should replace the proposed 2A1 limit. One commenter stated
that the IAEA limit was impractical and unworkable and favored adoption
of a multiple of a A1 approach (i.e., 4A1). However, the
Department of Energy stated that the IAEA approach is very practical
and that it has been implemented internationally. Another commenter
stated that industry can implement the IAEA limit of 1 rem/h at 3
meters and requested that RSPA replace the 2A1 limit with the IAEA
limit.
The IAEA added the limit of 10 mSv/hour (1 rem/hour) at 3 meters
for the radiation level from the unshielded contents of LSA and SCO
packages not designed to withstand accidents. This radiation level
limit controls the external radiation exposures to individuals if an
LSA package is severely damaged in a transportation accident.
The IAEA limit considers the loss of package shielding during an
accident, but it does not consider the possibility that a package's
contents might be released and redistributed, causing a reduction in
self-shielding of the contents. The reduction in self-shielding could
result in potential accident radiation levels that significantly exceed
IAEA's 10 mSv/hour (1 rem /hour) at 3 meters limit.
The IAEA dose rate limit provides a significant added degree of
protection over the 1973 IAEA regulations (which specify no quantity
limit for LSA packages). RSPA and NRC did not believe, however that the
IAEA limit provided the same level of safety for all types of LSA
material, particularly for relatively large quantities of radioactive
materials contained in dispersible LSA materials (e.g., resins and
other media used in liquid radioactive waste treatment).
In lieu of the radiation level limit, RSPA and NRC proposed a
2A1 quantity limit for all LSA packages. Although this proposal
addressed the accident concern by directly limiting package quantity,
it was not compatible with the IAEA provisions. Both agencies received
many comments on the proposed 2A1 quantity limit that objected to
the impacts on occupational dose and shipping costs. Further, the
Advisory Committee on Reactor Safeguards (ACRS) issued a letter report,
dated December 19, 1994, recommending, inter alia, that the
requirements again be reevaluated with the objective of making them
equivalent to the IAEA regulations.
After consideration of ACRS and industry comments, RSPA and NRC
have agreed to adopt the IAEA LSA provisions. Accordingly, the final
rule imposes a limit on the external radiation level at 3 meters from
the unshielded contents of LSA-I, LSA-II, LSA-III, SCO-1, or SCO-II
packages of 10 mSv/hour (1 rem/hour).
Numerous comments addressed the proposed removal of the present
authorization for use of Type A packages and exclusive use shipments of
strong, tight containers for LSA'materials. Commenters stated that LSA
materials pose a minor risk to the public and that there is no
justifiable safety reason to replace the currently authorized
packagings with the industrial packagings. Commenters also cited an
increase in the packaging costs for LSA materials without an equivalent
increase in public safety if the Type A, and strong, tight packagings
were not allowed for transportation of LSA material. Upon further
review of the proposal to remove the Type A packaging and the strong,
tight packaging as authorized packagings for LSA materials, RSPA has
decided to retain these packagings for the transportation of LSA
material because the benefits associated with the proposal are not
commensurate with the increase in costs. However, industrial packagings
are added as an authorized packaging for LSA material and SCO in order
to provide the industry greater flexibility and to facilitate
international commerce.
Several comments addressed the definition of LSA material and SCO.
One commenter requested that dewatered material be defined as a solid
for LSA-II. LSA-II is expected to include nuclear reactor process
wastes, including filter sludge, absorbed liquids, and lower activity
resins. RSPA and NRC believe the LSA-II specific activity limit for
solids, rather than that for liquids, applies to dewatered resins.
Therefore, RSPA and NRC see no need to define dewatered material as a
solid for LSA-II.
Commenters were also concerned about their ability to measure the
contamination on inaccessible surfaces of SCO's. Though it is
impossible to directly measure the fixed contamination on an
inaccessible surface of an object, it is possible to determine the
contamination level on the inaccessible surface through physical
measurements and mathematical analysis (involving geometric and
attenuation factors) of the object.
One commenter compared the new limits for SCO with existing limits
for
[[Page 50296]]
LSA material in Sec. 173.403 and claimed there was a reduction in the
specific activity limits in the proposed rule. RSPA notes that the
proposed and final rules for shipping SCO-I contain the same limits for
fixed radioactive surface contamination as were present in the previous
definition of LSA material. The difference in the SCO-I definition is
the addition of the normal package limits on removable external
contamination. The change from existing regulations is the addition of
the definition of SCO-II for solid objects which are more heavily
contaminated on their surfaces then SCO-I objects.
Some commenters also requested that the definition of LSA-I be
expanded to include material generated from the extraction of uranium
or thorium. Another commenter recommended that the term ``contaminated
soil'' in LSA-I be expanded to include ``soil, earth, concrete rubble
and other bulk debris.'' Another commenter expressed concern that mill
tailings exceeding 10E-6A2/g could not be shipped in bulk under
the proposed rule. The commenter recommended that either mill tailings
be specifically included in the definition of LSA-I without an activity
or concentration limit, or the specific activity limit for LSA-I be
increased to 4x10E-6A2/g.
RSPA agrees that ore-like materials (materials with highly uniform
distribution of small quantities of radionuclides) should be
transported as LSA-I material. Accordingly, the definition of LSA-I is
expanded from ``contaminated soil'' to ``contaminated soil, mill
tailings, concrete rubble and other debris * * * '' RSPA believes that
mill tailings will meet the proposed 10E-6A2/g specific activity
limit, and therefore, has not increased the limit. For clarity, the
proposals contained in Secs. 173.411 and 173.414 have been combined
into Sec. 173.411. In Sec. 173.427, reference to IP packagings is
followed by a parenthetic reference to Sec. 173.411 to show where the
requirements for industrial packagings are found. One commenter
requested that the record keeping requirements for IP packagings not
apply to IP-1's. RSPA concurs and has revised the final rule
accordingly. Some commenters requested that an IP packaging be required
to be marked in order to identify that the packaging does meet the
appropriate packaging standard. Though RSPA agrees with the commenter's
point, RSPA did not propose a marking requirement and, therefore,
considers this recommendation outside the scope of the rulemaking.
However, RSPA may propose such a requirement in a future rulemaking.
C. International System of Units (SI)
In the NPRM, RSPA proposed that the activity of a package of
radioactive materials be described in SI units (i.e., becquerels),
consistent with IAEA SS6-85, in lieu of the customary units of curies.
Several commenters requested that the use of SI units on shipping
papers and labels be required for international shipments only, with
domestic shipments using customary units as the standard. The basis of
this request appears to be for ease of training of transport workers,
emergency responders, and personnel in industry and local governments.
It was also noted that most emergency response radiation detection
instruments specify readings in customary units only.
U.S. policies and procedures for conversion to the metric system
were formalized by the Metric Conversion Act of 1975 (Pub. L. 94-168,
15 U.S.C. 205a). The Act declared that U.S. policy shall be to
coordinate and plan the increased use of the metric system. From a
safety standpoint, the need for consistency in radioactive materials
package identification is critical. All parties potentially having
contact with the package must be able to understand the units used in
order to establish proper controls. It is recognized that the U.S.
conversion to metric units may create special problems since, in order
to succeed without jeopardizing safety, the new units must be used, or
at least understood, universally.
It is also recognized that the use of SI units for radioactive
material has proceeded internationally. IAEA SS6-85 allows the use of
both units with SI units controlling. The International Civil Aviation
Organization's Technical Instructions and the International Maritime
Dangerous Goods Code (IMDG Code) have required the use of the SI units
for several years. The fact that international shipments use SI units
could give rise to safety concerns if the U.S. fails to accommodate SI
units to or from countries using the internationally accepted units.
RSPA recognizes the additional training required by this change;
however, the safety benefits exceed the costs and it is necessary to
proceed with the change to SI units. However, for domestic shipments,
shipping papers and labels may be allowed to contain either SI units or
the combination of SI and customary units. In addition, RSPA is
delaying mandatory compliance with this requirement until April 1,
1997.
Several commenters were also concerned about the inconsistencies
between RSPA and NRC proposed rules with regard to units of
measurement. RSPA proposed regulatory requirements using SI units
followed by customary units in parenthesis. NRC proposed the reverse
order. NRC, in its final rule, agreed with RSPA that SI units must be
stated first.
D. Expansion of Radionuclide List and Changes in Radionuclide Limits
The table in Sec. 173.435, which provides A1 and A2
values, has been expanded by nearly 100 entries to include all
radionuclides that have the potential to be transported. Because there
now should be few instances where unlisted radionuclides would be
transported, the rules for calculating values for unlisted
radionuclides have been simplified. However, the determination of
limits for unlisted radionuclides, except in a few cases, is subject to
RSPA approval.
IAEA SS6-85 modified the system for determining A2 and A2
values. Although this system is based on achieving essentially the same
limitations on potential radiological accident hazards as the previous
system, the new system has the following advantages:
1. It states more clearly the radiation protection criteria
employed;
2. It incorporates the data and conclusions on metabolic pathways
provided during the years 1977-1981 by the International Commission on
Radiological Protection (ICRP);
3. It includes dosimetric routes through human organs not
previously considered; and
4. It harmonizes IAEA SS6-85 with ICRP recommendations on
radiological safety in Publications ICRP-26 and ICRP-30.
The effect of the adoption in IAEA SS6-85 of this new system for
calculating A1 and A2 values, and the subsequent
incorporation of the new values in the HMR, is that most current
A1 and A2 values have been amended. Of the 284 radionuclide
entries in Sec. 173.435, A2 values have been raised in 129 cases
and lowered in 95 cases. Of the A1 values, 144 have been raised
and 73 lowered. Several commenters objected to the proposal to lower
the A2 value for molybdenum-99 from 0.8 TBq (20 curies) to 0.5 TBq
(13.5 curies).
Commenters stated that shipments of Mo-99\Tc-99m generators to
hospitals would increase significantly in order to comply with this
lower limit. Instead of being able to ship 0.6 TBq (16 curies) in one
generator, manufacturers would have to ship two different generators
which would increase their costs and the costs to the hospital. In
addition, the commenters contended, these additional shipments would
increase the level of radiation exposure for those workers
[[Page 50297]]
who handle the generators. The commenters also cited the excellent
safety record in transportation of these generators, and requested that
a domestic exception be provided to allow these generators, that are
DOT Specification 7A Type A packagings, to contain as much as 0.8 TBq
20 curies of molybdenum-99. Upon further review of this proposal and of
the data received from the commenters, RSPA has decided to allow a
domestic exception for molybdenum-99. A footnote has been added to the
Sec. 173.435 Table of A1 and A2 values which authorizes, for
domestic use only, the use of DOT Specification 7A Type A packagings
for molybdenum-99 up to 0.8 TBq (20 curies).
One commenter objected to the lowering of the A2 values for
carbon-14, phosphorus-32, sulfur-35 and iodine-125. The commenter was
concerned that these lower values would require Type A packagings for
these materials, instead of the excepted packagings that are currently
authorized. However, the commenter did not provide sufficient data to
support these concerns and, therefore, this commenter's request has not
been adopted.
The new IAEA system for calculating A1 and A2 values is
further described in Appendix I, ``The Q System for the Calculation of
A1 and A2 Values,'' of IAEA Safety Series No. 7,
``Explanatory Material for the IAEA Regulations for the Safe Transport
of Radioactive Material (1985 Edition).'' A copy of this document is
available in RSPA's Docket Unit for review by interested parties.
E. Classification of Fissile Material
As a result of the evolution of the fissile material criteria, IAEA
recognized that the three fissile classes could be combined and
simplified into a single system. The effects of the simplification of
the IAEA system now being adopted into the HMR are the:
1. Elimination of the three fissile class designations;
2. Establishment of a single set of criteria for all packages of
fissile materials; and
3. Use of the TI as the primary control of accumulations of
packages in transportation under nearly all conditions.
F. General Design Requirements for All Packagings
All packagings of radioactive materials, including excepted
packages, are required to meet general design requirements prescribed
in Sec. 173.410. These packagings must be designed for ease of handling
and proper restraint during shipment. They must be free of
protuberances, easily decontaminated, capable of withstanding the
effects of vibration during transport, and also meet reduced pressure
and temperature requirements. Minimum design requirements for excepted
packagings will increase the overall integrity of the packages. Further
discussion of Sec. 173.410 can be found in the Review-by-Section
portion of this preamble.
G. Docket No. HM-181
On December 21, 1990, RSPA published a final rule under Docket No.
HM-181 entitled ``Performance-Oriented Packaging Standards: Changes to
Classification, Hazard Communication, Packaging and Handling
Requirements Based On UN Standards and Agency Initiative'' (55 FR
52402). That final rule comprehensively revised the HMR with respect to
hazard communication and packaging standards. In addition, Docket No.
HM-181 adopted some of the proposals in the NPRM under docket HM-169A.
Those proposals adopted under Docket HM-181 include the reference to
the 1985 edition of IAEA Safety Series No. 6, and its 1988 Supplement,
and most of the proper shipping names. For additional discussion on the
various supplements to IAEA SS6-85 see the discussion of Sec. 171.7 in
the Review-By-Section portion of this preamble.
H. Editorial Changes
This final rule makes several editorial changes to the HMR.
References to the ``Director, OHMT'' are revised to read ``Associate
Administrator, Office of Hazardous Materials Safety''. The term
``radioactive material'' is revised to read ``radioactive materials''
in conjunction with the amendments under Docket No. HM-181. Section
173.411, entitled ``General design requirements'', has been
redesignated as Sec. 173.410. Section 173.421-1 through 173.427 are
redesignated as Secs. 173.422 through 173.428. Corresponding changes
have been made to the HMR to other sections which reference the
redesignated sections. In the following discussion, section references
are to the new section numbers, therefore, RSPA is providing the
following redesignation table to assist the reader:
------------------------------------------------------------------------
New section
Old section No. No.
------------------------------------------------------------------------
Sec. 173.411.............................................. Sec. 173.4
10
Sec. 173.421-1............................................ Sec. 173.4
22
Sec. 173.421-2............................................ Sec. 173.4
23
Sec. 173.422.............................................. Sec. 173.4
24
Sec. 173.423.............................................. Sec. 173.4
25
Sec. 173.424.............................................. Sec. 173.4
26
Sec. 173.425.............................................. Sec. 173.4
27
Sec. 173.427.............................................. Sec. 173.4
28
------------------------------------------------------------------------
IV. Review-by-Section
Section 171.7. As proposed, several references to documents have
been added and revised in this final rule. It was brought to RSPA's
attention that some foreign countries have adopted IAEA SS6-85 or one
or more of its supplements (i.e., Supplement 1986, 1988 and the As
Amended 1990 edition). Because the changes in these supplements were
not substantive in nature, RSPA is allowing the export or importation
of radioactive materials in accordance with any of the supplements to
the 1985 Edition of IAEA Safety Series No. 6.
Section 171.8. This section is amended by adding definitions for
``General public'' and ``Occupationally exposed hazmat employee''. For
additional discussion of these terms and how they relate to radiation
protection plans, see section III of this preamble.
Section 171.10. This section is amended to incorporate SI units for
radioactive materials. RSPA proposed to add Sec. 173.402 which would
have repeated the requirements of Sec. 171.10. Because this would have
been repetitive, RSPA is not adopting proposed Sec. 173.402 but is
amending Sec. 171.10. Section 171.10 is amended to phase in the SI
units for radiological measurements. The HMR uses SI units followed by
the customary units in parentheses. In many cases the limits in
customary units are extended to 3 significant figures so they represent
a functional equivalent to the limits expressed in SI units. The
objective of this approach is to achieve consistency with international
regulations while allowing U.S. shippers to use the units with which
they are most familiar.
Section 171.11. This section is amended to clarify that the
provisions of Secs. 172.204(c)(4), 173.448(e)(f) and (g)(3) do not
apply to limited quantity shipments transported under the provisions of
the International Civil Aviation Organization's Technical Instructions
for the Transport of Dangerous Goods (ICAO TI).
Section 171.12. This section is editorially revised to reference
the correct edition of IAEA Safety Series No. 6 and to clarify that
shipments of radioactive materials transported in accordance with IAEA
SS6-85 must comply with the emergency response requirements of subpart
G of part 172.
Section 172.101. Most of the proposals in the NPRM to amend the
[[Page 50298]]
Sec. 172.101 Table were adopted under Docket No. HM-181. However,
several editorial changes are being made to the table to address
section number changes (e.g., Sec. 173.421-1 redesignation as
Sec. 173.422).
Section 172.203. This section is revised to add references to SI
units, replace references to Fissile Class III with ``Fissile material,
controlled shipments'' and to require appropriate group notations for
LSA and SCO material on shipping papers. In addition, mass information
is allowed to replace activity information for uranium fissile
radionuclides. For plutonium fissile radionuclides mass information may
be included with the activity information on shipping papers. Also,
Sec. 172.203(d)(10) is added to require that the phrase ``Exclusive Use
Shipment'' be added to shipping descriptions for shipments that are
transported under provisions for exclusive use shipments. This
statement may appear in any visible location on the shipping paper when
the entire shipment is consigned as exclusive use. However, this
statement does not relieve a offeror from providing exclusive use
shipment controls to the carrier as required by Secs. 173.403 and
173.427.
Several commenters to this section objected to requiring the
statement ``Fissile Material'' to appear with shipping descriptions for
fissile materials because their proper shipping name contains the words
``Radioactive material, fissile, * * * '' RSPA concurs with these
commenters and has not adopted this proposal. Another commenter opposed
the requirement in Sec. 172.203(d)(1) to list all radionuclides on
shipping papers. RSPA recognizes that it is sometimes impractical to
identify all radionuclides contained in a package of some radioactive
materials. Therefore, in this final rule, RSPA is amending
Sec. 172.203(d)(1) to require that the shipping paper identify the most
hazardous radionuclides only. These nuclides are determined in
accordance with the restriction of activity for A1 and A2
values described in Sec. 173.433(f) that specifies, through use of a
formula, that those radionuclides that represent 95% of the hazard
shall be listed.
Section 172.310. This section is amended to require the trefoil
symbol, as specified in new Appendix B to Part 172, be marked on Type
B, Type B(U), and Type B(M) packages of radioactive material in a plain
and durable fashion. One commenter objected to this requirement on the
basis that the package would already display the trefoil on the
radioactive material label. However, a label does not meet the
requirement of being durable. Therefore, this amendment is adopted as
proposed.
Section 172.403. This section is amended to add a reference to SI
units. One commenter was concerned over the proposal to allow mass
information in place of activity information on labels of fissile
material packages. The commenter stated that RSPA should not adopt this
proposal because such information would provide insufficient
information to radiological emergency response forces in the event of
an incident. RSPA agrees with the commenter as it pertains to plutonium
radionuclides, but believes that mass information for uranium
radionuclides provides sufficient information to emergency responders.
Therefore, RSPA is modifying Sec. 172.403 to authorize the substitution
of mass information for uranium fissile radionuclides, and the addition
of mass information to the activity information for plutonium fissile
radionuclides.
Section 172.407. This section is revised by adding paragraph (g) to
note where the radioactive trefoil specification is located in the HMR.
Section 172.504. This section is amended by revising the footnote
in Table 1 to reference the new section for LSA material and to add
reference to SCO.
Section 172.507. This section is editorially revised by correcting
section references and terminology (i.e., Class 7 rather than
radioactive material).
Sections 172.801-172.807. These sections are added to new subpart I
of part 172, to implement a requirement for the establishment of
radiation protection programs in accordance with EPA's ``Radiation
Protection Guidance to Federal Agencies for Occupational Exposure'' and
the IAEA SS6-85. For further discussion of these requirements, see the
discussion in section III.A of this preamble.
Appendix B to part 172. Appendix B to Part 172 is added to note
size requirements for the trefoil symbol on package markings, labels,
and placards. Several commenters noted an error in the proposed size
requirements that is corrected in this final rule.
Sections 173.2a and 173.4. These sections are revised to correct
section references.
Section 173.403. This section is amended by adding new definitions
for: ``Class 7 material,'' ``Surface contaminated object (SCO)'', ``IP
packagings'', and, ``Low toxicity alpha emitters''. The definitions for
``Fissile material'' is revised to specify listed radionuclides, and
the reference to Sec. 173.455 is removed. The definition of Low
specific activity (LSA) material is revised to conform to the IAEA
definition. Many commenters requested an expansion of the definition of
``Package-excepted package'' to include Sec. 173.426, articles
containing natural uranium and thorium. RSPA agrees with the commenters
and is adding that reference.
Several commenters requested that the definition of ``Type A
package'' be revised to specify that these packages do not need
Competent Authority approval. RSPA agrees, and the definition is so
revised. One commenter requested that the definition of ``transport
index'' include the commonly used term ``TI''. RSPA has also
incorporated this request.
Proposed Section 173.404. This section was proposed to specify the
U.S. Competent Authority for the transport of radioactive materials.
Because this term is currently defined in Sec. 171.8, thus making
proposed Sec. 173.404 repetitive, this proposal has not been adopted.
Section 173.410. This section, entitled ``General design
requirements'', was previously found in Sec. 173.411. It is amended as
follows:
--A package has to be capable of withstanding the effects of
acceleration, vibration or vibration resonance during transport;
--The materials of the packaging and any components must be chemically
and physically compatible;
--All valves through which the package contents could escape must be
protected; and
--A package intended for air transport has to be designed to withstand
reduced temperature and pressure during transport.
Several commenters objected to the proposal to require that
excepted packages have a minimum dimension of 10 cm. (4 inches). The
commenters stated that IAEA regulations subject only Type A packagings
only to the 10 cm. minimum dimension requirement. RSPA agrees with
these commenters and has moved the 10 cm. minimum dimension requirement
to Sec. 173.412; therefore, excepted packages are not required to have
a minimum dimension of 10 cm. (4 inches).
Section 173.411. See section III.B and the discussion of
Sec. 173.412 in this preamble for discussion of the changes to this
section.
Section 173.412. This section, entitled ``Additional design
requirements for Type A packages,'' is amended to permit all packages
containing liquids to use a double containment system. This eliminates
the previous small package prohibition of this practice as well as
requiring that expansion of liquids during temperature changes be
[[Page 50299]]
considered during design. This section is amended to include a closure
requirement on a containment system that is a separate unit of the
packaging. One commenter requested that the phrase ``significant
increase'' be revised to read ``20% increase'', which would be in
conformance with IAEA. RSPA believes that the term ``significant'' is
necessary to handle the different packaging parameters, and therefore,
is not adopting this commenter's request.
Section 173.413. This section is editorially revised to correct
section references and terminology.
Section 173.415. This section, ``Authorized Type A packages'', is
amended to eliminate the reference to DOT Specification 55 packaging,
which has not been authorized since July 1, 1985. This section is also
amended to permit the use of Type A packagings that meet the NRC
fissile material packaging requirements.
Section 173.416. This section, ``Authorized Type B packages,'' is
amended to eliminate the reference to the DOT Specification 55
packaging, and eliminate the use of DOT Specification 55 packaging as
an inner container for DOT Specification 20WC and 21WC overpacks.
Section 173.417. This section, ``Authorized packages--fissile
materials,'' is amended to eliminate references to different fissile
classes and to remove a direct reference to authorized packaging for
500 grams of Uranium-235 and 320 grams of plutonium. Section
173.417(a)(8) and (b)(5) specify the authorized packagings for Type A
and Type B, respectively, quantities of uranium hexafluoride
(UF6). Section 173.417(b)(5)(iii) limits the amount of uranium
hexafluoride in a package to the amount specified in ``Table 6--
Authorized Quantities Of Uranium Hexafluoride (UF6).'' In Table 6,
however, only DOT specifications 20PF-1 and 20PF-2 are authorized to
contain a Type B quantity of uranium hexafluoride. Therefore,
Sec. 173.417(b)(5) is revised to authorize only the DOT specifications
20PF-1 and 20PF-2 for the transportation of Type B quantities of
uranium hexafluoride. In addition, because their use is no longer
allowed, the Specification DOT 21PF-1 overpack has been removed from
Sec. 173.417(a)(8)(ii).
Sections 173.418-173.420. These sections are revised to correct
section references and terminology. In addition, this section is
revised, consistent with the changes in Sec. 173.423, to note that
limited quantities of radioactive material that meet the definition of
a hazardous substance or hazardous waste must comply with the shipping
paper requirements of the HMR.
Section 173.421. This section, ``Excepted packages for limited
quantities of radioactive material,'' is amended to require compliance
with the design requirements of Sec. 173.410.
Section 173.422. The proposal in this section, ``Additional
requirements for excepted packages,'' to incorporate new proper
shipping names and new UN identification numbers for excepted packages,
was adopted under Docket HM-181. Therefore, no changes are made in this
final rule.
Section 173.423. This section is revised to correct section
references and terminology. This section is also revised based on
changes from Docket HM-181 and to correct terminology. Since a material
that meets the definition of Class 7 it cannot, by definition, meet the
definition of Class 9, reference to Class 9 are removed and appropriate
changes have been made to Sec. 173.421 (i.e., shipping papers are
required). In addition, RSPA believes that specific references to
Combustible liquids are no longer needed with the changes to
Sec. 173.421, therefore, the provisions previously found in paragraph
(b) have been removed.
Section 173.424. The NPRM proposed amending this section,
``Excepted packages for instruments and articles,'' to require that
instruments and articles be marked with the word ``radioactive.''
Several commenters objected to this proposal. The commenters indicated
that devices containing radioactive materials in small quantities
require approval by the NRC, who does not require the ``Radioactive''
marking. They expressed concern that the marking may cause a
disproportionate public alarm for a very small quantity of radioactive
material. Commenters from the lighting industry also were concerned
that the ``Radioactive'' marking may discourage the use of energy
efficient lighting products. Upon review of the proposed requirement,
and contrasting the cost to the manufacturer and the possible effect on
NRC exempt-distribution licensees versus the increase in safety that
the marking may provide, RSPA is not to adopting this proposal. RSPA
notes, however, that such instruments and articles must be so marked if
transported in accordance with the ICAO Technical Instructions, IAEA
Safety Series No. 6, or the IMDG Code.
Section 173.425. As proposed, this section, ``Table of activity
limits--excepted quantities and articles,'' would have removed the
direct reference to tritiated water. Several commenters requested that
these limits be retained for domestic use only. Because of the
relatively low hazards associated with tritiated water, RSPA concurs
with these commenters and has not removed these limits.
Sections 173.426-173.431. See the ``Background'' section of the
preamble for discussion of the changes to these sections.
Section 173.433. This section, ``Requirements for determination of
A1 and A2 values for radionuclides,'' is completely amended
to incorporate a less complex method for calculating the A1 and
A2 values.
Section 173.434. This section is revised to add references to SI
units.
Section 173.435. This section, ``Table for A1 and A2
values for radionuclides,'' is amended to incorporate new A1 and
A2 values as specified in the IAEA regulations.
Section 173.441. Several commenters to this section, ``Radiation
level limitations,'' requested that the limits specified be applied
only to the ``accessible'' surface of the package. RSPA believes that
this issue warrants further public discussion and, therefore, it is
beyond the scope of this rulemaking. RSPA will consider proposing a
change consistent with this request in future rulemaking.
Section 173.442-173.446. These sections are revised to correct
section references and terminology.
Section 173.447. This section, ``Storage incident to
transportation--general requirements,'' is amended to delete references
to fissile classes. Additionally, two commenters requested that this
section be eliminated, based on the idea that if a larger number of
packages were permitted to be stored together, rather than segregated
by the sum of the transport indices, the packages would shield each
other and thus reduce the total potential exposure. RSPA believes that
this issue is beyond the scope of this rulemaking.
Section 173.448. This section, ``General transportation
requirements,'' is amended to delete references to fissile classes.
Section 173.451. See the ``Background'' section of the preamble for
a discussion of the changes to this section.
Section 173.453. This section, ``Fissile materials--exceptions,''
is amended by deleting the exception for thermal reactor irradiated
uranium and thorium or uranium with not more than 0.72% fissile
material. One commenter pointed out that the higher limit of 800 grams
of fissile mass should apply to uranium-235 only. RSPA concurs and has
modified this section accordingly.
[[Page 50300]]
Section 173.455. This section, ``Classification of fissile
materials packages,'' is deleted entirely because of the elimination of
fissile classes.
Section 173.457. This section, ``Transportation of fissile
material- controlled shipment--requirements,'' redefines fissile class
III shipments in terms of a ``fissile material, controlled shipment.''
Section 173.459. This section, ``Mixing of fissile materials
packages,'' is amended to delete references to fissile classes and to
express shipment controls in terms of fissile material, controlled
shipments.
Section 173.461. This section, ``Demonstration of compliance with
tests,'' is amended to clarify that surrogate materials may be used in
packagings to demonstrate compliance with the performance requirements
for the package.
Sections 173.462-173.467. These sections are revised to correct
section references and terminology.
Section 173.468. This section, ``Test for LSA-III material'', is
added to specify a leaching test to examine the solid nature of the
material for qualification of the material as LSA-III.
One commenter asked that the section be clarified to state whether
immersion tests must be conducted on full-scale or on represented small
scale samples. RSPA never intended to disallow the provisions of
Sec. 173.461, which allows scale model testing, for the tests required
in Sec. 173.468. The second sentence of proposed Sec. 173.468(a), which
stated that ``[e]ach solid specimen to be tested must be representative
of the actual solid LSA-III material that will be transported'', might
have been misinterpreted. To clarify that a representative scale model
sample may be used as the test specimen, RSPA is not adopting that
sentence.
Section 173.469. This section, ``Tests for special form Class 7
(radioactive) material,'' is amended to add an alternative method to
qualify special form radioactive material under the specific impact and
temperature tests prescribed in the specified standard of the
International Organization for Standardization (ISO). One commenter
stated that the ISO standard allowed leakage and leaching tests that
are not as sensitive as the tests prescribed in Sec. 173.469(a)(4) and
(b) and, therefore, should not be adopted. RSPA agrees that some of the
ISO test methods are not as sensitive for some source designs as those
prescribed in the regulations. However, ISO's test method has a lower
acceptance criteria which compensates for the less sensitive test
methods. Therefore, RSPA is not adopting this commenters request.
Sections 173.471-173.473. These sections are amended to require
that applicants for Competent Authority Approvals of Type B packaging
designs, including those requesting to become registered users, submit
a description to RSPA of the quality assurance program in effect during
the design, manufacture, testing, documentation, use, maintenance, and
inspection of the package as required by IAEA. These sections are also
amended to require that submissions be made in triplicate and 90 days
in advance of the shipment. It should be noted that IAEA regulations
require that the serial number be marked on Type B packagings. Though
not required by RSPA in this final rule, packages shipped in accordance
with the IAEA regulations will be required to be marked with the serial
number of the packaging.
Sections 173.474-173.475. These section are not amended but are
reprinted for ease of understanding.
Section 173.476. This section, ``Approval of special form Class 7
(radioactive) materials,'' is amended to require that the original
applicant provide evidence of the quality assurance program in effect
during the design, manufacture, testing, documentation, use,
maintenance, and inspection of the material as required by IAEA. In
addition, this section is amended to require that submissions be made
in triplicate and 90 days in advance of the shipment.
Section 173.477. This section, ``Approval for export shipments,''
is amended to delete references to fissile classes. Additionally, a new
subparagraph addresses the contents of an application for shipment
approval under special arrangement.
Section 173.478. This section, ``Notification to competent
authorities for export shipments,'' is amended to delete references to
fissile classes and requires additional information to be submitted to
other national competent authorities for special arrangement shipments.
Specifically, notification of a special arrangement shipment is
required to include the name of the radionuclide, a description of the
physical and chemical form, and the activity of the material.
Section 174.705. This section, entitled ``Radiation Protection
Program,'' is added to prohibit the transport of radioactive material
by a rail carrier that does not maintain a radiation protection program
for each of its occupationally exposed hazmat employees as required by
subpart I of part 172. For further discussion of these requirements,
see section III.A of this preamble.
Section 175.704. This section has been added, which incorporates
proposed 10 CFR 71.88(c), as proposed by NRC. This new section imposes
loading and storage restrictions on packages of plutonium. Because
these requirements are more appropriate to 49 CFR part 175 than in 10
CFR part 71, RSPA is adopting them in this section.
Section 175.706. This section, entitled ``Radiation Protection
Program,'' is added to prohibit the transport of radioactive material
by an air carrier that does not maintain a radiation protection program
for each of its occupationally exposed hazmat employees as required by
subpart I of part 172. For further discussion of these requirements,
see section III.A of this preamble.
Section 176.703. This section, entitled ``Radiation Protection
Program,'' is added to prohibit the transport of radioactive material
by a vessel operator that does not maintain a radiation protection
program for each of its occupationally exposed hazmat employees as
required by subpart I of part 172. For further discussion of these
requirements, see section III.A of this preamble.
Section 177.827. This section, entitled ``Radiation Protection
Program,'' is added to prohibit the transport of radioactive material
by a motor carrier that does not maintain a radiation protection
program for each of its occupationally exposed hazmat employees as
required by subpart I of part 172. For further discussion of these
requirements, see section III.A of this preamble.
In addition to the foregoing section changes, other sections
contained in parts 174 through part 178, involving radioactive material
transportation, have been updated to for consistency with changes in
parts 171 through part 173. Some of these changes include the addition
of metric and SI units and changes in regulatory references. The
following is list of those sections:
------------------------------------------------------------------------
Part 174 Part 175 Part 176 Part 177 Part 178
------------------------------------------------------------------------
174.700............. 175.700 176.700 177.842 178.350
[[Page 50301]]
174.715............. 175.702 176.704 177.843 ...........
174.750............. 175.703 176.708 177.861 ...........
........... 176.715 ........... ...........
------------------------------------------------------------------------
V. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034). A regulatory evaluation is available for
review in the docket.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Federal hazardous materials transportation law (49 USC 5101-5127)
contains an express preemption provision that preempts State, local,
and Indian tribe requirements on certain covered subjects. Covered
subjects are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
pertaining to hazardous materials and requirements respecting the
number, content, and placement of such documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous materials.
This final rule concerns the packaging and classification of
radioactive materials. This final rule preempts State, local, or Indian
tribe requirements in accordance with the standards set forth above.
The Federal statute provides that if DOT issues a regulation concerning
any of the covered subjects after November 16, 1990, DOT must determine
and publish in the Federal Register the effective date of Federal
preemption (49 USC 5125(b)(2)). That effective date may not be earlier
than the 90th day following the date of issuance of the final rule and
not later than two years after the date of issuance. RSPA has
determined that the effective date of Federal preemption for these
requirements is April 1, 1996. Thus RSPA lacks discretion in this area,
and preparation of a federalism assessment is not warranted.
Executive Order 12778
Any interested person may petition RSPA's Administrator for
reconsideration of this final rule within 30 days of publication of
this rule in the Federal Register, in accordance with the procedures
set forth at 49 CFR 106.35. Neither the filing of a petition for
reconsideration nor any other administrative proceeding is required
before the filing of a suit in court for review of this rule.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule applies to
shippers and carriers of radioactive materials, some of whom are small
entities.
Paperwork Reduction Act
The information collection requirements contained in this rule have
been approved by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3504(h))
and assigned control number 2137-0510.
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 number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
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
Hazardous materials transportation, Hazardous waste, Labeling,
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, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, 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, Packaging and containers,
Reporting and recordkeeping requirements.
In consideration of the foregoing,
49 CFR parts 171, 172, 173, 174, 175, 176, 177 and 178 are 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. 5101-5127;
49 CFR part 1.53.
Sec. 171.7 [Amended]
2. In Sec. 171.7, the Table of material incorporated by reference,
in paragraph (a)(3), is amended by removing the entry for ``USAEC, ORO-
651,'' under the Department of Energy (USDOE), revising the entry for
``IAEA, Regulations for the Safe Transport of Radioactive Materials,
Safety Series No. 6,'' under the International Atomic Energy Agency
(IAEA) and by adding an entry for ``ORO-651'' under the Department of
Energy and three new entries following
[[Page 50302]]
the exiting entries, under the International Organization for
Standardization, to read as follows:
------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
Department of Energy (USDOE)
* * * *
* * *
ORO-651 - Uranium Hexafluoride; A Manual of Good Practices,
Revision 6, 1991 edition.................................. 173.417
* * * *
* * *
International Atomic Energy Agency (IAEA),
* * * *
* * *
IAEA, Regulations for the Safe Transport of Radioactive
Materials, Safety Series No. 6, 1985 Edition (As Amended
1990); Including 1985 Edition (Supplemented 1986 and 1988) 171.12
* * * *
* * *
International Organization for Standardization (ISO)
* * * *
* * *
ISO/TR 4826-1979(E) - Sealed radioactive sources--Leak test
methods................................................... 173.469
ISO 2919-1980(E) - Sealed radioactive sources--
Classification............................................ 173.469
ISO 1496-3-1995(E) - Series 1 Freight Containers--
Specification and Testing--Part 3: Tank Containers for
Liquids, Gases and Pressurized Dry Bulk................... 173.411
* * * *
* * *
------------------------------------------------------------------------
* * * * *
3. In Sec. 171.8, the following definitions are added in
appropriate alphabetical order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
General public means, for purposes of subpart I of part 172, and
subpart I of part 173 of this subchapter, any person other than an
occupationally exposed hazmat employee.
* * * * *
Occupationally exposed hazmat employee means a hazmat employee
whose duties involve exposure to ionizing radiation.
* * * * *
4. In Sec. 171.10(c)(2), the ``Table of Conversion Factors For SI
Units'' is amended by adding the following entries in appropriate
alphabetical order and the note following the table is revised to read
as follows:
Sec. 171.10 Units of measure.
* * * * *
(c) * * *
(2) * * *
Table of Conversion Factors For SI Units
------------------------------------------------------------------------
Measurement SI to US standard US standard to SI
------------------------------------------------------------------------
Activity............... 1 TBq=27 Ci............ 1 Ci=0.037 TBq.
* * * *
* * *
Radiation level........ 1 Sv/hr=100 rem/hr..... 1 rem/hr=0.01 Sv/hr
------------------------------------------------------------------------
Abbreviation for units of measure are as follows:
Unit of measure and abbreviation:
(SI): millimeter, mm; centimeter, cm; meter, m; gram, g; kilogram, kg;
kiloPascal, kPa; liter, L; milliliter, ml; cubic meter, m \3\;
Terabecquerel, TBq; Gigabecquerel, GBq; millisievert, mSv;
(U.S.): Inch, in; foot, ft; ounce, oz; pound, lb; pounds per square
inch, psi; gallon, gal; cubic feet, ft \3\; Curie, Ci; millicurie,
mCi; millirem, mrem.
5. Section 171.11(d)(6)(iii) is revised to read as follows:
Sec. 171.11 Use of ICAO Technical Instructions.
* * * * *
(d) * * *
(6) * * *
(iii) Except for limited quantities of Class 7 (radioactive)
material, the provisions of Secs. 172.204(c)(4), 173.448(e), (f) and
(g)(3) of this subchapter apply.
* * * * *
Sec. 171.11 [Amended]
6. In addition, in Sec. 171.11(d)(6)(iv), remove the words
``Sec. 173.422 or Sec. 173.424'' and add, in their place, the words
``Sec. 173.424 or Sec. 173.426''.
7. In Sec. 171.12, the heading and introductory text of paragraph
(d) and paragraph (d)(4) are revised, paragraph (d)(5) is amended by
removing the period and adding ``; and'' in its place, and paragraph
(d)(6) is added to read as follows:
Sec. 171.12 Import and export shipments.
* * * * *
(d) Use of IAEA regulations for Class 7 (radioactive) materials.
Class 7 (radioactive) materials being imported into, or exported from,
the United States, or passing through the United States in the course
of being shipped between places outside the United States, may be
offered and accepted for transportation when packaged, marked, labeled,
and otherwise prepared for shipment in accordance with IAEA
``Regulations for the Safe Transport of Radioactive Materials, Safety
Series No. 6,'' if:
* * * * *
[[Page 50303]]
(4) The country of origin for the shipment has adopted the IAEA
``Regulations for the Safe Transport of Radioactive Materials, Safety
Series No. 6'';
* * * * *
(6) Shipments comply with the requirements for emergency response
information prescribed in Subpart G of Part 172 of this subchapter.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
8. The authority citation for Part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
9. The following entries in the Sec. 172.101 Hazardous Materials
Table are removed, added in alphabetical order or revised to read as
follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
Sec. 172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) Packaging authorizations (9) Quantity (10) Vessel stowage
(Sec. 173.***) limitations requirements
(2)Hazard Label(s) ---------------------------------------------------------------------------
Symbols (1)Hazardous materials descriptions and class or (3)Identification Packing required Special Passenger
proper shipping names Division Numbers group (if not provisions Nonbulk Bulk aircraft Cargo Vessel Other
excepted) Exceptions packaging packaging or aircraft stowage stowage
railcar only provisions
(1) (2)..................................... (3) (4) (5) (6)....... (7) (8A)...... (8B)..... (8C)..... (9A) (9B) (10A) (10B)
........................................
[Remove]
Radioactive material, excepted package- 7 UN2910 ........... EMPTY..... .......... 427....... 427...... 427...... ......... ........ A
empty packaging.
* * * * * * *
Radioactive material, low specific
activity, n.o.s. or Radioactive
material, LSA, n.o.s..
[Add]
* * * * * * *
Radioactive material, excepted package- 7 UN2910 ........... EMPTY..... .......... 421, 428.. 421, 428. 421, 428. ......... ........ A
empty package or empty packaging.
* * * * * * *
Radioactive material, low specific 7 UN2912 ........... RADIO- .......... 421, 428.. 427...... 427...... ......... ........ A ..........
activity or Radioactive material, LSA, ACTIVE.
n.o.s.
* * * * * * *
Radioactive material, surface 7 UN2913 ........... RADIO- 421, 424, 427....... 427...... ......... ......... A
contaminated object or Radioactive ACTIVE. 426
material, SCO.
* * * * * * *
[Revise]
* * * * * * *
Radioactive material, excepted package- 7 UN2910 ........... None...... .......... 422, 426.. 422, 426. 422, 426. ......... ........ A
articles manufactured from natural or
depleted uranium or natural thorium.
* * * * * * *
Radioactive material, excepted package- 7 UN2910 ........... None...... .......... 422, 424.. 422, 424. 422, 424. ......... ........ A
instruments or articles.
[[Page 50304]]
Radioactive material, excepted package- 7 UN2910 ........... None...... .......... 421, 422.. 421, 422. 421, 422. ......... ........ A
limited quantity of material.
* * * * * * *
Radioactive material, n.o.s............. 7 UN2982 ........... RADIO- .......... 421, 428.. 415, 416. 415, 416. ......... ........ A 40, 95
ACTIVE.
Radioactive material, special form, 7 UN2974 ........... RADIO- .......... 421, 424.. 415, 416. 415, 416. ......... ........ A
n.o.s.. ACTIVE.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 172.101 [Amended]
10. In addition, in Sec. 172.101, in the Hazardous Materials Table,
for the entry ``Uranium hexafluoride, fissile excepted or non-fissile''
the column (8A) section reference ``421-2'' is revised to read ``423''.
11. In Sec. 172.203, paragraphs (d)(1), (d)(4), and (d)(7) are
revised and paragraphs (d)(10) and (d)(11) are added to read as
follows:
Sec. 172.203 Additional description requirements.
* * * * *
(d) * * *
(1) The name of each radionuclide in the Class 7 (radioactive)
material that is listed in Sec. 173.435 of this subchapter. For
mixtures of radionuclides, the radionuclides that must be shown must be
determined in accordance with Sec. 173.433(f) of this subchapter.
* * * * *
(4) The activity contained in each package of the shipment in terms
of the appropriate SI units (e.g. Becquerel, Terabecquerel, etc.) or in
terms of the appropriate SI units followed by the customary units (e.g.
Curies, millicuries, etc.). Alternatively, for domestic transportation,
the activity in a package of Class 7 (radioactive) materials may be
described solely in terms of curies until April 1, 1997. Abbreviations
are authorized. Except for plutonium-238, plutonium-239, and plutonium-
241, the weight in grams or kilograms of fissile radionuclides may be
inserted instead of activity units. For plutonium-238, plutonium-239,
and plutonium-241 the weight in grams or kilograms of fissile
radionuclides may be inserted in addition to the activity units. For
the shipment of a package containing a highway route controlled
quantity of Class 7 (radioactive) materials (see Sec. 173.403 of this
subchapter) the words ``Highway route controlled quantity'' must be
entered in association with the basic description.
* * * * *
(7) For a shipment of fissile Class 7 (radioactive) materials:
(i) The words ``Fissile Excepted'' if the package is excepted
pursuant to Sec. 173.453 of this subchapter;
(ii) For a fissile material, controlled shipment, the additional
notation: ``Warning--Fissile material, controlled shipment. Do not load
more than * * * packages per vehicle.'' (Asterisks to be replaced by
appropriate number.) ``In loading and storage areas, keep at least 6
meters (20 feet) from other packages bearing radioactive labels''; and
(iii) If a fissile material, controlled shipment is to be
transported by water, the supplementary notation must also include the
following statement: ``For shipment by water, only one fissile
material, controlled shipment is permitted in each hold.''
* * * * *
(10) For a shipment required by this subchapter to be consigned as
exclusive use:
(i) An indication that the shipment is consigned as exclusive use;
or
(ii) If all the descriptions on the shipping paper are consigned as
exclusive use, then the statement ``Exclusive Use Shipment'' may be
entered only once on the shipping paper in a clearly visible location.
(11) For a shipment of low specific activity material or surface
contaminated objects, the appropriate group notation of LSA-I, LSA-II,
LSA-III, SCO-I, or SCO-II.
* * * * *
12. Section 172.310 is revised to read as follows:
Sec. 172.310 Class 7 (radioactive) materials.
In addition to any other markings required by this subpart, each
package containing Class 7 (radioactive) materials must be marked as
follows:
(a) Each package with a gross mass greater than 50 kilograms (110
pounds) must have the its gross mass marked on the outside of the
package.
(b) packaging must be marked on the outside of the package, in
letters at least 13 mm (0.5 inch) high, with the words ``TYPE A'' or
``TYPE B'' as appropriate. A packaging which does not conform to Type A
or Type B requirements may not be so marked.
(c) Each Type B, Type B(U) or Type B(M) packaging must be marked on
the outside of the package with a radiation symbol that conforms to the
requirements of Appendix B to Part 172.
(d) Each package destined for export shipment must also be marked
``USA'' in conjunction with the specification marking, or other package
certificate identification. (See Secs. 173.471, 173.472, and 173.473 of
this subchapter).
[[Page 50305]]
13. In Sec. 172.403, the section heading, and paragraphs (b), (c),
(d), (g)(1) and (g)(2) are revised to read as follows:
Sec. 172.403 Class 7 (radioactive) material.
* * * * *
(b) The proper label to affix to a package of Class 7 (radioactive)
material is based on the radiation level at the surface of the package
and the transport index. The proper category of label must be
determined in accordance with paragraph (c) of this section. The label
to be applied must be the highest category required for any of the two
determining conditions for the package. RADIOACTIVE WHITE-I is the
lowest category and RADIOACTIVE YELLOW-III is the highest. For example,
a package with a transport index of 0.8 and a maximum surface radiation
level of 0.6 millisievert (60 millirems) per hour must bear a
RADIOACTIVE YELLOW-III label.
(c) Category of label to be applied to Class 7 (radioactive)
materials packages:
------------------------------------------------------------------------
Maximum radiation
Transport index level at any point on Label category1
the external surface
------------------------------------------------------------------------
02...................... Less than or equal to WHITE-I.
0.005 mSv/h (0.5 mrem/
h).
More than 0 but not more Greater than 0.005 mSv/ YELLOW-II.
than 1. h (0.5 mrem/h) but
less than or equal to
0.5 mSv/h (50 mrem).
More than 1 but not more Greater than 0.05 mSv/ YELLOW-III.
than 10. h (50 mrem) but less
than or equal to 2
mSv/h (200 mrem/h).
More than 10............ Greater than 2 mSv/h YELLOW-III (Must be
(200 mrem/h) but less shipped under
than or equal to 10 exclusive use
mSv/h (1,000 mrem/h). provisions; see
173.441(b) of this
subchapter).
------------------------------------------------------------------------
1 Any package containing a ``highway route controlled quantity'' (Sec.
173.403 of this subchapter) must be labelled as RADIOACTIVE YELLOW-
III.
2 If the measured TI is not greater than 0.05, the value may be
considered to be zero.
(d) EMPTY label. See Sec. 173.428(d) of this subchapter for EMPTY
labeling requirements.
* * * * *
(g) * * *
(1) Contents. The name of the radionuclides as taken from the
listing of radionuclides in Sec. 173.435 of this subchapter (symbols
which conform to established radiation protection terminology are
authorized, i.e., \99\Mo, \60\Co, etc.). For mixtures of radionuclides,
with consideration of space available on the label, the radionuclides
that must be shown must be determined in accordance with
Sec. 173.433(f) of this subchapter.
(2) Activity. Activity units must be expressed in appropriate SI
units (e.g., Becquerels (Bq), Terabecquerels (TBq), etc.) or in both
appropriate SI units and appropriate customary units (Curies (Ci),
milliCuries (mCi), microcuries (uCi), etc.). Alternatively, the
activity may be expressed solely in terms of curies until April 1,
1997. Abbreviations are authorized. Except for plutonium-238,
plutonium-239, and plutonium-241, the weight in grams or kilograms of
fissile radionuclides may be inserted instead of activity units. For
plutonium-238, plutonium-239, and plutonium-241, the weight in grams or
kilograms of fissile radionuclides may be inserted in addition to the
activity units.
* * * * *
14. In Sec. 172.407, paragraph (g) is added to read as follows:
Sec. 172.407 Label specifications.
* * * * *
(g) Trefoil symbol. The trefoil symbol on the RADIOACTIVE WHITE-I,
RADIOACTIVE YELLOW-II, and RADIOACTIVE YELLOW-III labels must meet the
appropriate specifications in Appendix B of this part.
Sec. 172.504 [Amended]
15. In Sec. 172.504, in Table 1 of paragraph (e), footnote one is
revised to read as follows:
\1\ RADIOACTIVE placard also required for exclusive use
shipments of low specific activity material and surface contaminated
objects transported in accordance with Sec. 173.427(b)(3) or (c) of
this subchapter.
16. In Sec. 172.507, paragraph (a) is revised to read as follows:
Sec. 172.507 Special placarding provisions: Highway.
(a) Each motor vehicle used to transport a package of highway route
controlled quantity Class 7 (radioactive) materials (see Sec. 173.403
of this subchapter) must have the required RADIOACTIVE warning placard
placed on a square background as described in Sec. 172.527.
* * * * *
17. In Sec. 172.519, paragraph (g) is added to read as follows:
Sec. 172.519 General specifications for placards.
* * * * *
(g) Trefoil symbol. The trefoil symbol on the RADIOACTIVE placard
must meet the appropriate specification in Appendix B of this part.
18. A new subpart I is added to part 172 to read as follows:
Subpart I--Radiation Protection Program
Sec.
172.801 Applicability of the radiation protection program.
172.803 Radiation protection program.
172.805 Recordkeeping and notifications.
172.807 Transitional provisions.
Subpart I--Radiation Protection Program
Sec. 172.801 Applicability of the radiation protection program.
(a) Scope. This subpart prescribes requirements for developing and
maintaining a radiation protection program.
(b) Applicability. This subpart applies to persons who offer for
transportation, accept for transportation, or transports Class 7
(radioactive) materials.
Sec. 172.803 Radiation protection program.
Each person who offers for transportation, accepts for
transportation, or transports Class 7 (radioactive) materials must
develop, implement and maintain a written radiation protection program
in accordance with the following:
(a) Radiation exposures must be kept as low as reasonably
achievable (ALARA), with economic and social factors being taken into
account.
(b) Radiation exposures must be control such that:
(1) An occupationally exposed hazmat employee's annual effective
dose equivalent for occupational radiation exposure will not exceed
12.5 mSv (1.25 rem) in any 3 month period or 50 mSv (5 rem) in any 12
month period. For workers under the age of eighteen, the radiation dose
will not exceed 1.250
[[Page 50306]]
mSv (0.125 rem) in any 3 month period or 5.0 mSv (0.5 rem) in any 12
month period;
(2) Radiation exposures to members of the general public must be
less than 0.02 mSv (2 mrem) per hour. This level will be measured as if
an individual were present for an hour in any area where the general
public could be exposed to radiation during the course of
transportation, except that, if there is an occurrence where the dose
to a member of the general public equals or exceeds 0.02 mSv (2 mrem)
in one hour, the program must provide limits that will prevent an
individual from receiving cumulative doses totaling 1.0 mSv (100 mrem)
in any week or 5.0 mSv (500 mrem) in any twelve-month period;
(3) The radiation dose to an embryo-fetus in a pregnant female
occupationally exposed hazmat employee, who has declared her pregnancy
to her employer, must not exceed 5.0 mSv (500 mrem) during the
pregnancy. This limit is to be achieved by limiting the radiation dose
of the declared pregnant worker to not more than 5.0 mSv (500 mrem)
during the nine months and not greater than 0.5 mSv (50 mrem) in any
one month; and
(4) The radiation doses received by occupationally exposed hazmat
employees must be monitored by radiation dosimetry devices.
(c) The Environmental Protection Agency report entitled ``Radiation
Protection Guidance to Federal Agencies for Occupational Exposure
(January 1987)''. This document is available from the U.S.
Environmental Protection Agency, Washington, DC 20460.
(d) Exceptions. (1) The requirements of this subpart do not apply
to:
(i) Persons who offer for transportation or transport less than 200
TI of packages in a 12-month period; or
(ii) Those persons whose operations will not result in a hazmat
employee receiving an exposure of 5 mSv (500 mrem) or more per year.
This evaluation must consider the hazmat employers Class 7
(radioactive) materials transportation activities for a period of at
least 12 months. An evaluation must be conducted by a person
experienced with radiation protection programs and transportation
regulations and programs. The evaluator's competency may be evidenced
by being certified by the American Board of Health Physics, or by a
letter of recommendation from any Regional Administrator of the Nuclear
Regulatory Commission or from a State Radiation Official listed in the
most current issue of the ``Directory of Personnel Responsible For
Radiological Health Programs'' published annually by the Conference of
Radiation Control Program Directors, Frankfort, KY.
(2) The requirements of this subpart may be satisfied by any
radiation protection program that has been approved by an appropriate
federal or state agency.
(e) Guidance. Each hazmat employer should review and follow the
guidance provided in the following documents when establishing and
maintaining their radiation protection program:
(i) National Council on Radiation Protection and Measurements
(NCRP) Report No. 59, ``Operational Radiation Safety Program (1978)''.
The guidance in this report should be tailored to the practical needs
and operations of the hazmat employer and their occupationally exposed
hazmat employees.
(ii) NCRP Report No. 116, ``Limitation of Exposure to Ionizing
Radiation (1993)''.
(2) The reports referenced in paragraph (e)(1) of this section are
available from NCRP Publications, 7910 Woodmont Avenue, Bethesda, MD
20814.
Sec. 172.805 Recordkeeping and notifications.
(a) A hazmat employer must document their radiation protection
program and maintain written records of the radiation protection
program activities, including dosimetry records, described in this
subpart. These records must be made available to the Associate
Administrator for Hazardous Materials Safety or other authorized
officials in written form within seven days of a written request.
(b) A hazmat employer must keep a record of the radiation dose that
each hazmat employee has received and provide it to the employee in
reasonable time following a request during employment and no more than
three months after end of employment.
(c) Each hazmat employer must notify the Associate Administrator
for Hazardous Materials Safety, in writing, if a hazmat employee
receives a dose exceeding 12.5 mSv (1250 mrem) in any calendar quarter
or 50 mSv (5,000 mrem) in one year, or if a member of the general
public is likely to receive a dose exceeding 5 mSv (500 mrem) in one
year as a result of the hazmat employer's transportation activities.
Such a notification must be made as soon as practicable following
awareness of the occurrence.
(d) If an offeror or carrier of Class 7 (radioactive) materials is
not required to establish a radiation protection program, they must
develop and keep records which demonstrate why a program is not
required (i.e., either the total TI of packages transported in any 12
month period is less than 200, or that the current Class 7
(radioactive) materials transport activities are the same as the
activities that were reviewed by a competent radiation protection
specialist whose evaluation demonstrated that no worker will receive a
dose exceeding 5 mSv (500 mrem) in one year).
Sec. 172.807 Transitional provisions.
Compliance with the requirements of this subpart is required after
October 1, 1997.
19. APPENDIX B is added to Part 172 to read as follows:
Appendix B to Part 172--Trefoil Symbol
The trefoil symbol required for RADIOACTIVE labels and placards,
and required to be marked on certain packages of Class 7
(radioactive) material, must conform to the following design and
size:
BILLING CODE 4910-60-P
[[Page 50307]]
[GRAPHIC][TIFF OMITTED]TR28SE95.005
BILLING CODE 4910-60-C
1= Radius of Circle--
Minimum Dimensions
4 mm (0.16 inch) for markings
5 mm (0.2 inch) for labels
12.5 mm (0.5 inch) for placards
2= 1 1/2 Radii
3= 5 Radii
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
20. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
Sec. 173.2a [Amended]
21. In Sec. 173.2a(c)(5), the phrase ``Sec. 173.421-2'' is removed
and replaced with the phrase ``Sec. 173.423''.
22. In Sec. 173.4, paragraphs (a)(1)(iv) and (b) are revised to
read as follows:
Sec. 173.4 Exceptions for small quantities.
(a) * * *
(1) * * *
(iv) An activity level not exceeding that specified in
Secs. 173.421, 173.424, 173.425 or 173.426, as appropriate, for a
package containing a Class 7 (radioactive) material.
* * * * *
(b) A package containing a Class 7 (radioactive) material also must
conform to the requirements of Sec. 173.421(a)(1) through (a)(5) or
Sec. 173.424(a) through (g), as appropriate.
23. Subpart I of Part 173 is revised to read as follows:
Subpart I-Class 7 (Radioactive) Materials
173.401 Scope.
173.403 Definitions.
173.410 General design requirements.
173.411 Industrial packagings.
173.412 Additional design requirements for Type A packages.
173.413 Requirements for Type B packages.
173.415 Authorized Type A packages.
173.416 Authorized Type B packages.
173.417 Authorized fissile materials packages.
173.418 Authorized packages--pyrophoric Class 7 (radioactive)
materials.
173.419 Authorized packages--oxidizing Class 7 (radioactive)
materials.
173.420 Uranium hexafluoride (fissile, fissile excepted and non-
fissile).
173.421 Excepted packages for limited quantities of Class 7
(radioactive) materials.
173.422 Additional requirements for excepted packages containing
Class 7 (radioactive) materials.
173.423 Requirements for multiple hazard limited quantity Class 7
(radioactive) materials.
173.424 Excepted packages for radioactive instruments and articles.
173.425 Table of activity limits--excepted quantities and articles.
[[Page 50308]]
173.426 Excepted packages for articles containing natural uranium or
thorium.
173.427 Transport requirements for low specific activity (LSA) Class
7 (radioactive) materials and surface contaminated objects (SCO).
173.428 Empty Class 7 (radioactive) materials packaging.
173.431 Activity limits for Type A and Type B packages.
173.433 Requirements for determining A1 and A2 values for
radionuclides and for the listing of radionuclides on shipping
papers and labels.
173.434 Activity-mass relationships for uranium and natural thorium.
173.435 Table of A1 and A2 values for radionuclides.
173.441 Radiation level limitations.
173.442 Thermal limitations.
173.443 Contamination control.
173.444 Labeling requirements.
173.446 Placarding requirements.
173.447 Storage incident to transportation--general requirements.
173.448 General transportation requirements.
173.451 Fissile materials--general requirements.
173.453 Fissile materials--exceptions.
173.457 Transportation of fissile material, controlled shipments--
specific requirements.
173.459 Mixing of fissile material packages.
173.461 Demonstration of compliance with tests.
173.462 Preparation of specimens for testing.
173.463 Packaging and shielding--testing for integrity.
173.465 Type A packaging tests.
173.466 Additional tests for Type A packagings designed for liquids
and gases.
173.467 Tests for demonstrating the ability of Type B and fissile
materials packagings to withstand accident conditions in
transportation.
173.468 Test for LSA-III material.
173.469 Tests for special form Class 7 (radioactive) materials.
173.471 Requirements for U.S. Nuclear Regulatory Commission approved
packages.
173.472 Requirements for exporting DOT Specification Type B and
fissile packages.
173.473 Requirements for foreign-made packages.
173.474 Quality control for construction of packaging.
173.475 Quality control requirements prior to each shipment of Class
7 (radioactive) materials.
173.476 Approval of special form Class 7 (radioactive) materials.
173.477 Approval for export shipments.
173.478 Notification to competent authorities for export shipments.
Subpart I--Class 7 (Radioactive) Materials
Sec. 173.401 Scope.
(a) This subpart sets forth requirements for the packaging and
transportation of Class 7 (radioactive) materials by offerors and
carriers subject to this subchapter. The requirements prescribed in
this subpart are in addition to, not in place of, other requirements
set forth in this subchapter for Class 7 (radioactive) materials and
those of the Nuclear Regulatory Commission in 10 CFR Part 71.
(b) This subpart does not apply to:
(1) Class 7 (radioactive) materials produced, used, transported, or
stored within an establishment other than during the course of
transportation, including storage in transportation.
(2) Class 7 (radioactive) materials contained in a medical device,
such as a heart pacemaker, which is implanted in a human being or live
animal.
(3) Class 7 (radioactive) materials that have been injected into,
ingested by, or are otherwise placed into, and are still in, human
beings or live animals.
Sec. 173.403 Definitions.
For purposes of this subpart--
A1 means the maximum activity of special form Class 7
(radioactive) material permitted in a Type A package.
A2 means the maximum activity of Class 7 (radioactive)
material, other than special form, LSA or SCO, permitted in a Type A
package. These values are either listed in Sec. 173.435 or derived in
accordance with the procedure prescribed in Sec. 173.433.
Class 7 (radioactive) material. See the definition of Radioactive
material in this section.
Closed transport vehicle means a transport vehicle or conveyance
equipped with a securely attached exterior enclosure that during normal
transportation restricts the access of unauthorized persons to the
cargo space containing the Class 7 (radioactive) materials. The
enclosure may be either temporary or permanent, and in the case of
packaged materials may be of the ``see-through'' type, and must limit
access from top, sides, and bottom.
Containment system means the assembly of components of the
packaging intended to retain the radioactive contents during
transportation.
Conveyance means:
(1) For transport by public highway or rail: any transport vehicle
or large freight container;
(2) For transport by water: any vessel, or any hold, compartment,
or defined deck area of a vessel including any transport vehicle on
board the vessel; and
(3) For transport by aircraft, any aircraft.
Design means the description of a special form Class 7
(radioactive) material, a package, packaging, or LSA-III, that enables
those items to be fully identified. The description may include
specifications, engineering drawings, reports showing compliance with
regulatory requirements, and other relevant documentation.
Exclusive use (also referred to in other regulations as ``sole
use'' or ``full load'') means sole use by a single consignor of a
conveyance for which all initial, intermediate, and final loading and
unloading are carried out in accordance with the direction of the
consignor or consignee. The consignor and the carrier must ensure that
any loading or unloading is performed by personnel having radiological
training and resources appropriate for safe handling of the
consignment. The consignor must issue specific instructions in writing,
for maintenance of exclusive use shipment controls, and include them
with the shipping paper information provided to the carrier by the
consignor.
Fissile material means plutonium-238, plutonium-239, plutonium-241,
uranium-233, uranium-235, or any combination of these radionuclides.
The definition does not apply to unirradiated natural uranium and
depleted uranium, and natural uranium or depleted uranium that has been
irradiated in a thermal reactor. Certain additional exceptions are
provided in Sec. 173.453.
Fissile material, controlled shipment means any shipment that
contains one or more packages that have been assigned, in accordance
with Sec. 173.457, nuclear criticality control transport indices
greater than 10.
Freight container means a reusable container having a volume of
1.81 cubic meters (64 cubic feet) or more, designed and constructed to
permit its being lifted with its contents intact and intended primarily
for containment of packages in unit form during transportation. A
``small freight container'' is one which has either one outer dimension
less than 1.5 meters (4.9 feet) or an internal volume of not more than
3.0 cubic meters (106 cubic feet). All other freight containers are
designated as ``large freight containers.''
Highway route controlled quantity means a quantity within a single
package which exceeds:
(1) 3,000 times the A1 value of the radionuclides as specified
in Sec. 173.435 for special form Class 7 (radioactive) material;
(2) 3,000 times the A2 value of the radionuclides as specified
in Sec. 173.435 for normal form Class 7 (radioactive) material; or
(3) 1,000 TBq (27,000 Ci), whichever is least.
[[Page 50309]]
Limited quantity of Class 7 (radioactive) material means a quantity
of Class 7 (radioactive) material not exceeding the materials package
limits specified in Sec. 173.425 and conforming with requirements
specified in Sec. 173.421.
Low Specific Activity (LSA) material means Class 7 (radioactive)
material with limited specific activity which satisfies the
descriptions and limits set forth below. Shielding materials
surrounding the LSA material may not be considered in determining the
estimated average specific activity of the package contents. LSA
material must be in one of three groups:
(1) LSA-I.
(i) Ores containing only naturally occurring radionuclides (e.g.,
uranium, thorium) and uranium or thorium concentrates of such ores; or
(ii) Solid unirradiated natural uranium or depleted uranium or
natural thorium or their solid or liquid compounds or mixtures; or
(iii) Class 7 (radioactive) material, other than fissile material,
for which the A2 value is unlimited; or
(iv) Mill tailings, contaminated earth, concrete, rubble, other
debris, and activated material in which the Class 7 (radioactive)
material is essentially uniformly distributed and the average specific
activity does not exceed 10-\6\A2/g.
(2) LSA-II.
(i) Water with tritium concentration up to 0.8 TBq/liter (20.0 Ci/
liter); or
(ii) Material in which the Class 7 (radioactive) material is
essentially uniformly distributed 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) that meet the requirements of Sec. 173.468 and which:
(i) The Class 7 (radioactive) material is essentially uniformly
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.); and
(ii) The Class 7 (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 average specific activity of the solid does not
exceed 2 x 10-\3\A2/g.
Low toxicity alpha emitters are:
(1) Natural uranium, depleted uranium, and natural thorium;
(2) Ores, concentrates or tailings containing uranium-235, uranium-
238, thorium-232, thorium-228 and thorium-230; or
(3) Alpha emitters with a half-life of less than 10 days.
Maximum normal operating pressure means the maximum gauge pressure
that would develop in a receptacle in a period of one year, in the
absence of venting or cooling, under the heat conditions specified in
10 CFR 71.71(c)(1)
Multilateral approval means approval of a package or shipment by
the relevant competent authority of the country of origin and of each
country through or into which the package or shipment is to be
transported. This definition does not include approval from a country
over which Class 7 (radioactive) materials are carried in aircraft, if
there is no scheduled stop in that country.
Natural thorium means thorium with the naturally occurring
distribution of thorium isotopes (essentially 100 percent by weight of
thorium-232).
Non-fixed radioactive contamination means radioactive contamination
that can be readily removed from a surface by wiping with an absorbent
material. Non-fixed (removable) radioactive contamination is not
significant if it does not exceed the limits specified in Sec. 173.443.
Normal form Class 7 (radioactive) material means Class 7
(radioactive) material which has not been demonstrated to qualify as
``special form Class 7 (radioactive) material.''
Package means, for Class 7 (radioactive) materials, the packaging
together with its radioactive contents as presented for transport.
(1) ``Excepted package'' means a packaging together with its
excepted Class 7 (radioactive) materials as specified in Secs. 173.421-
173.426 and 173.428.
(2) ``Type A package'' means a packaging that, together with its
radioactive contents limited to A1 or A2 as appropriate,
meets the requirements of Secs. 173.410 and 173.412 and is designed to
retain the integrity of containment and shielding required by this part
under normal conditions of transport as demonstrated by the tests set
forth in Sec. 173.465 or Sec. 173.466, as appropriate. A Type A package
does not require Competent Authority Approval.
(3) ``Type B package'' means a Type B packaging that, together with
its radioactive contents, is designed to retain the integrity of
containment and shielding required by this part when subjected to the
normal conditions of transport and hypothetical accident test
conditions set forth in 10 CFR Part 71.
(i) ``Type B(U) package'' means a Type B packaging that, together
with its radioactive contents, for international shipments requires
unilateral approval only of the package design and of any stowage
provisions that may be necessary for heat dissipation.
(ii) ``Type B(M) package'' means a Type B packaging, together with
its radioactive contents, that for international shipments requires
multilateral approval of the package design, and may require approval
of the conditions of shipment. Type B(M) packages are those Type B
package designs which have a maximum normal operating pressure of more
than 700 kilopascals per square centimeter (100 pounds per square inch)
gauge or a relief device which would allow the release of Class 7
(radioactive) material to the environment under the hypothetical
accident conditions specified in 10 CFR Part 71.
(4) ``Industrial package'' means a packaging that, together with
its low specific activity (LSA) material or surface contaminated object
(SCO) contents, meets the requirements of Secs. 173.410 and 173.411.
Industrial packages are categorized in Sec. 173.411 as either:
(i) ``Industrial package Type 1 (IP-1)'';
(ii) ``Industrial package Type 2 (IP-2)''; or
(iii) ``Industrial package Type 3 (IP-3)''.
Packaging means, for Class 7 (radioactive) materials, the assembly
of components necessary to ensure compliance with the packaging
requirements of this subpart. It may consist of one or more
receptacles, absorbent materials, spacing structures, thermal
insulation, radiation shielding, service equipment for filling,
emptying, venting and pressure relief, and devices for cooling or
absorbing mechanical shocks. The conveyance, tie-down system, and
auxiliary equipment may sometimes be designated as part of the
packaging.
Radiation level means the radiation dose-equivalent rate expressed
in millisievert(s) per hour or mSv/h (millirem(s) per hour or mrem/h).
Neutron flux densities may be converted into radiation levels according
to Table 1:
[[Page 50310]]
Table 1.--Neutron Fluence Rates To Be Regarded as Equivalent to a
Radiation Level of 0.01 mSv/h (1 mrem/h) \1\
------------------------------------------------------------------------
Flux
density
equivalent
to 0.01 mSv/
h (1 mrem/
Energy of neutron h) neutrons
per square
centimeter
per second
(n/cm\2\/s)
------------------------------------------------------------------------
Thermal (2.510E-8)MeV...................................... 272.0
1 keV...................................................... 272.0
10 keV..................................................... 281.0
100 keV.................................................... 47.0
500 keV.................................................... 11.0
1 MeV...................................................... 7.5
5 MeV...................................................... 6.4
10 MeV..................................................... 6.7
------------------------------------------------------------------------
\1\ Flux densities equivalent for energies between those listed in this
table may be obtained by linear interpolation.
Radioactive contents means a Class 7 (radioactive) material,
together with any contaminated liquids or gases within the package.
Radioactive instrument and article means any manufactured
instrument and article such as an instrument, clock, electronic tube or
apparatus, or similar instrument and article having Class 7
(radioactive) material in gaseous or non-dispersible solid form as a
component part.
Radioactive material means any material having a specific activity
greater than 70 Bq per gram (0.002 microcurie per gram) (see definition
of ``specific activity'').
Special form Class 7 (radioactive) material means Class 7
(radioactive) material which satisfies the following conditions:
(1) It is either a single solid piece or is contained in a sealed
capsule that can be opened only by destroying the capsule;
(2) The piece or capsule has at least one dimension not less than 5
millimeters (0.2 inch); and
(3) It satisfies the test requirements of Sec. 173.469. Special
form encapsulations designed in accordance with the requirements of
Sec. 173.389(g) in effect on June 30, 1983 (see 49 CFR Part 173,
revised as of October 1, 1982), and constructed prior to July 1, 1985
and special form encapsulations designed in accordance with the
requirements of Sec. 173.403 in effect on March 31, 1996 (see 49 CFR
Part 173, revised as of October 1, 1995), and constructed prior to
April 1, 1997, may continue to be used. Any other special form
encapsulation must meet the requirements of this paragraph.
Specific activity of a radionuclide means the activity of the
radionuclide per unit mass of that nuclide. The specific activity of a
material in which the radionuclide is essentially uniformly distributed
is the activity per unit mass of the material.
Surface Contaminated Object (SCO) means a solid object which is not
itself radioactive but which has Class 7 (radioactive) material
distributed on any of its surfaces. SCO must be in one of two groups
with surface activity not exceeding the following limits:
(1) SCO-I: A solid object on which:
(i) The non-fixed contamination on the accessible surface averaged
over 300 cm2 (or the area of the surface if less than 300
cm2) does not exceed 4 Bq/cm2 (10-4 microcurie/cm2)
for beta and gamma and low toxicity alpha emitters, or 0.4 Bq/cm2
(10-5 microcurie/cm2) for alpha emitters;
(ii) The fixed contamination on the accessible surface averaged
over 300 cm2 (or the area of the surface if less than 300
cm2) does not exceed 4 x 104 Bq/cm2 (1.0 microcurie/
cm2) for beta and gamma and low toxicity alpha emitters, or 4 x
103 Bq/cm2 (0.1 microcurie/cm2) for all other alpha
emitters; and
(iii) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm2 (or the area of the
surface if less than 300 cm2) does not exceed 4 x 104 Bq/
cm2 (1 microcurie/cm2) for beta and gamma and low toxicity
alpha emitters, or 4 x 103 Bq/cm2 (0.1 microcurie/cm2)
for all other alpha emitters.
(2) SCO-II: A solid object on which the limits for SCO-I are
exceeded and on which:
(i) The non-fixed contamination on the accessible surface averaged
over 300 cm2 (or the area of the surface if less than 300
cm2) does not exceed 400 Bq/cm2 (10-2 microcurie/
cm2) for beta and gamma and low toxicity alpha emitters or 40 Bq/
cm2 (10-3 microcurie/cm2) for all other alpha emitters;
(ii) The fixed contamination on the accessible surface averaged
over 300 cm2 (or the area of the surface if less than 300
cm2) does not exceed 8 x 105 Bq/cm2 (20 microcurie/
cm2) for beta and gamma and low toxicity alpha emitters, or 8 x
104 Bq/cm2 (2 microcuries/cm2) for all other alpha
emitters; and
(iii) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm2 (or the area of the
surface if less than 300 cm2) does not exceed 8 x 105 Bq/
cm2 (20 microcuries/cm2) for beta and gamma and low toxicity
alpha emitters, or 8 x 104 Bq/cm2 (2 microcuries/cm2)
for all other alpha emitters.
Transport index (TI) means the dimensionless number (rounded up to
the next tenth) placed on the label of a package to designate the
degree of control to be exercised by the carrier during transportation.
The transport index is determined as follows:
(1) For nonfissile material packages, the number determined by
multiplying the maximum radiation level in milliSievert(s) per hour at
one meter (3.3 feet) from the external surface of the package by 100
(equivalent to the maximum radiation level in millirem per hour at one
meter (3.3 feet)); or
(2) For fissile material packages, the number determined by
multiplying the maximum radiation level in milliSievert per hour at one
meter (3.3 feet) from any external surface of the package by 100
(equivalent to the maximum radiation level in millirem per hour at one
meter (3.3 feet)) or, for criticality control purposes, the number
obtained by dividing 50 by the allowable number of packages which may
be transported together, whichever number is larger.
Type A quantity means a quantity of Class 7 (radioactive) material,
the aggregate radioactivity which does not exceed A1 for special
form Class 7 (radioactive) material or A2 for normal form Class 7
(radioactive) material, where A1 and A2 values are given in
Sec. 173.435 or are determined in accordance with Sec. 173.433.
Type B quantity means a quantity of material greater than a Type A
quantity.
Unilateral approval means approval of a package solely by the
competent authority of the country of origin.
Unirradiated thorium means thorium containing not more than
10-7 grams uranium-233 per gram of thorium-232.
Unirradiated uranium means uranium containing not more than
10-6 grams plutonium per gram of uranium-235 and a fission product
activity of not more than 9 MBq (0.24 millicuries) of fission products
per gram of uranium-235.
Uranium--natural, depleted or enriched means the following:
(1) ``Natural uranium'' means uranium with the naturally occurring
distribution of uranium isotopes (approximately 0.711 weight percent
uranium-235, and the remainder essentially uranium-238).
(2) ``Depleted uranium'' means uranium containing less uranium-235
than the naturally occurring distribution of uranium isotopes.
(3) ``Enriched uranium'' means uranium containing more uranium-235
than the naturally occurring distribution of uranium isotopes.
[[Page 50311]]
Sec. 173.410 General design requirements.
In addition to the requirements of subparts A and B of this part,
each package used for the shipment of Class 7 (radioactive) materials
must be designed so that--
(a) The package can be easily handled and properly secured in or on
a conveyance during transport.
(b) Each lifting attachment that is a structural part of the
package must be designed with a minimum safety factor of three against
yielding when used to lift the package in the intended manner, and it
must be designed so that failure of any lifting attachment under
excessive load would not impair the ability of the package to meet
other requirements of this subpart. Any other structural part of the
package which could be used to lift the package must be capable of
being rendered inoperable for lifting the package during transport or
must be designed with strength equivalent to that required for lifting
attachments.
(c) The external surface, as far as practicable, will be free from
protruding features and will be easily decontaminated.
(d) The outer layer of packaging will avoid, as far as practicable,
pockets or crevices where water might collect.
(e) Each feature that is added to the package will not reduce the
safety of the package.
(f) The package will be capable of withstanding the effects of any
acceleration, vibration or vibration resonance (see Sec. 178.608 of
this subchapter) that may arise under normal conditions of transport
without any deterioration in the effectiveness of the closing devices
on the various receptacles or in the integrity of the package as a
whole and without loosening or unintentionally releasing the nuts,
bolts, or other securing devices even after repeated use (see
Secs. 173.24 and 173.24a).
(g) The materials of construction of the packaging and any
components or structure will be physically and chemically compatible
with each other and with the package contents. The behavior of the
packaging and the package contents under irradiation will be taken into
account.
(h) All valves through which the package contents could escape will
be protected against unauthorized operation;
(i) For transport by air--
(1) The temperature of the accessible surfaces of the package will
not exceed 50 deg.C (122 deg.F) at an ambient temperature of 38 deg.C
(100 deg.F) with no account taken for insulation;
(2) The integrity of containment will not be impaired if the
package is exposed to ambient temperatures ranging from -40 deg.C
(-40 deg.F) to +55 deg.C (131 deg.F); and
(3) Packages containing liquid contents will be capable of
withstanding, without leakage, an internal pressure that produces a
pressure differential of not less than 95 kPa (13.8 lb/in\2\).
Sec. 173.411 Industrial packagings.
(a) General. Each industrial packaging must comply with the
requirements of this section which specifies packaging tests, and
record retention applicable to Industrial Packaging Type 1 (IP-1),
Industrial Packaging Type 2 (IP-2), and Industrial Packaging Type 3
(IP-3).
(b) Industrial packaging certification and tests. (1) Each IP-1
must meet the general design requirements prescribed in Sec. 173.410.
(2) Each IP-2 must meet the general design requirements prescribed
in Sec. 173.410 and when subjected to the tests specified in
Sec. 173.465 (c) and (d) or evaluated against these tests by any of the
methods authorized by Sec. 173.461(a), must prevent:
(i) Loss or dispersal of the radioactive contents; and
(ii) A greater than 20% increase in the radiation levels recorded
or calculated at the external surfaces for the condition before the
test.
(3) Each IP-3 packaging must meet the requirements for an IP-1 and
an IP-2, and must meet the requirements specified in Sec. 173.412(a)
through Sec. 173.412(j).
(4) Each specification IM 101 or IM 102 portable tank
(Secs. 178.270, 178.271, 178.272 of this subchapter) that is certified
as meeting the requirements for an IP-2 or IP-3 must:
(i) Satisfy the requirements for IP-2 or IP-3, respectively;
(ii) Be capable of withstanding a test pressure of 265 kPa (37.1
pounds per square inch) gauge;
(iii) Be designed so that any added shielding is capable of
withstanding the static and dynamic stresses resulting from normal
handling and normal conditions of transport; and
(iv) Be designed so that loss of shielding will not result in a
significant increase in the radiation levels recorded at the external
surfaces.
(5) Each freight container that is certified as meeting the
requirements of IP-2 or IP-3, must--
(i) Satisfy the requirements for IP-2 or IP-3, respectively;
(ii) Be designed to conform to the requirements of ISO 1496-3-
1995(E), ``Series 1 Freight Containers--Specifications and Testing--
Part 3: Tank Containers for Liquids, Gases and Pressurized Dry Bulk'';
(iii) Be designed so that loss of shielding will not result in a
significant increase in the radiation levels recorded at the external
surfaces if they are subjected to the tests specified in ISO 1496/1-
1995(E); and
(iv) For international transportation, have a safety approval plate
in conformance with 49 CFR 451.21 through 451.25.
(c) Except for IP-1 packagings, each offeror of an industrial
package must maintain on file for at least one year after the latest
shipment, and shall provide to the Associate Administrator for
Hazardous Materials Safety on request, complete documentation of tests
and an engineering evaluation or comparative data showing that the
construction methods, packaging design, and materials of construction
comply with that specification.
Sec. 173.412 Additional design requirements for Type A packages.
In addition to meeting the general design requirements prescribed
in Sec. 173.410, each Type A packaging must be designed so that--
(a) The outside of the packaging incorporates a feature, such as a
seal, that is not readily breakable, and that, while intact, is
evidence that the package has not been opened. In the case of packages
shipped in closed transport vehicles in exclusive use, the cargo
compartment, instead of the individual packages, may be sealed.
(b) The smallest external dimension of the package is not less than
10 centimeters (4 inches).
(c) Containment and shielding is maintained during transportation
and storage in a temperature range of -40 deg.C (-40 deg.F) to 70 deg.C
(158 deg.F). Special attention shall be given to liquid contents and to
the potential degradation of the packaging materials within the
temperature range.
(d) The packaging must include a containment system securely closed
by a positive fastening device that cannot be opened unintentionally or
by pressure that may arise within the package during normal transport.
Special form Class 7 (radioactive) material, as demonstrated in
accordance with Sec. 173.469, may be considered as a component of the
containment system. If the containment system forms a separate unit of
the package, it must be securely closed by a positive fastening device
that is independent of any other part of the package.
(e) For each component of the containment system account is taken,
[[Page 50312]]
where applicable, of radiolytic decomposition of materials and the
generation of gas by chemical reaction and radiolysis.
(f) The containment system will retain its radioactive contents
under the reduction of ambient pressure to 25 kPa (3.6 pounds per
square inch).
(g) Each valve, other than a pressure relief device, is provided
with an enclosure to retain any leakage.
(h) Any radiation shield that encloses a component of the packaging
specified as part of the containment system will prevent the
unintentional escape of that component from the shield.
(i) Failure of any tie-down attachment that is a structural part of
the packaging, under both normal and accident conditions, must not
impair the ability of the package to meet other requirements of this
subpart.
(j) When evaluated against the performance requirements of this
section and the tests specified in Sec. 173.465 or using any of the
methods authorized by Sec. 173.461(a), the packaging will prevent--
(1) Loss or dispersal of the radioactive contents; and
(2) A significant increase in the radiation levels recorded or
calculated at the external surfaces for the condition before the test.
(k) Each packaging designed for liquids will--
(1) Be designed to provide for ullage to accommodate variations in
temperature of the contents, dynamic effects and filling dynamics;
(2) Meet the conditions prescribed in paragraph (j) of this section
when subjected to the tests specified in Sec. 173.466 or evaluated
against these tests by any of the methods authorized by
Sec. 173.461(a); and
(3) Either--
(i) Have sufficient suitable absorbent material to absorb twice the
volume of the liquid contents. The absorbent material must be
compatible with the package contents and suitably positioned to contact
the liquid in the event of leakage; or
(ii) 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.
(l) Each package designed for gases, other than tritium not
exceeding 40 TBq (1000Ci) or noble gases not exceeding the A2
value appropriate for the noble gas, will be able to prevent loss or
dispersal of contents when the package is subjected to the tests
prescribed in Sec. 173.466 or evaluated against these tests by any of
the methods authorized by Sec. 173.461(a).
Sec. 173.413 Requirements for Type B packages.
Except as provided in Sec. 173.416, each Type B(U) or Type B(M)
package must be designed and constructed to meet the applicable
requirements specified in 10 CFR Part 71.
Sec. 173.415 Authorized Type A packages.
The following packages are authorized for shipment if they do not
contain quantities exceeding A1 or A2 as appropriate:
(a) DOT Specification 7A (Sec. 178.350 of this subchapter) Type A
general packaging. Each offeror of a Specification 7A package must
maintain on file for at least one year after the latest shipment, and
shall provide to DOT on request, complete documentation of tests and an
engineering evaluation or comparative data showing that the
construction methods, packaging design, and materials of construction
comply with that specification. Use of Specification 7A packagings
designed in accordance with the requirements of Sec. 178.350 of this
subchapter in effect on June 30, 1983 (see 49 CFR Part 178 revised as
of October 1, 1982), is not authorized after April 1, 1997.
(b) Any other Type A packaging that also meets the applicable
standards for fissile materials in 10 CFR Part 71 and is used in
accordance with Sec. 173.471.
(c) Any Type B, B(U) or B(M) packaging authorized pursuant to
Sec. 173.416.
(d) Any foreign-made packaging that meets the standards in IAEA
``Safety Series No. 6'' and bears the marking ``Type A'' and was used
for the import of Class 7 (radioactive) materials. Such packagings may
be subsequently used for domestic and export shipments of Class 7
(radioactive) materials provided the offeror obtains the applicable
documentation of tests and engineering evaluations and maintains the
documentation on file in accordance with paragraph (a) of this section.
These packagings must conform with requirements of the country of
origin (as indicated by the packaging marking) and the IAEA regulations
applicable to Type A packagings.
Sec. 173.416 Authorized Type B packages.
Each of the following packages is authorized for shipment of
quantities exceeding A1 or A2, as appropriate:
(a) Any Type B, Type B(U) or Type B(M) packaging that meets the
applicable requirements of 10 CFR Part 71 and that has been approved by
the U.S. Nuclear Regulatory Commission may be shipped pursuant to
Sec. 173.471.
(b) Any Type B, B(U) or B(M) packaging that meets the applicable
requirements of the regulations of the International Atomic Energy
Agency (IAEA) in its ``Regulations for the Safe Transport of
Radioactive Materials, Safety Series No. 6'' and for which the foreign
competent authority certificate has been revalidated by DOT pursuant to
Sec. 173.473. These packagings are authorized only for export and
import shipments.
(c) DOT Specification 6M (Sec. 178.354 of this subchapter) metal
packaging, only for solid or gaseous Class 7 (radioactive) materials
that will not undergo pressure-generating decomposition at temperatures
up to 121 deg.C (250 deg.F) and that do not generate more than 10 watts
of radioactive decay heat.
(d) For contents in other than special form; DOT Specification 20WC
(Sec. 178.362 of this subchapter), wooden protective jacket, when used
with a single, snug-fitting inner DOT Specification 2R (Sec. 178.360 of
this subchapter). For liquid contents, the inner packaging must conform
to Sec. 173.412(j) and (k).
(e) For contents in special form only; DOT Specification 20WC
(Sec. 178.362 of this subchapter), wooden protective jacket, with a
single snug-fitting inner Type A packaging that has a metal outer wall
and conforms to Sec. 178.350 of this subchapter. Radioactive decay heat
may not exceed 100 watts.
(f) For contents in special form only; DOT Specification 21WC
(Sec. 178.364 of this subchapter), wooden protective overpack, with a
single inner DOT Specification 2R (Sec. 178.360 of this subchapter).
Contents must be loaded within the inner packaging in such a manner as
to prevent loose movement during transportation. The inner packaging
must be securely positioned and centered within the overpack so that
there will be no significant displacement of the inner packaging if
subjected to the 9 meter (30 feet) drop test described in 10 CFR part
71.
Sec. 173.417 Authorized fissile materials packages.
(a) Except as provided in Sec. 173.453, fissile materials
containing not more than A1 or A2 as appropriate, must be
packaged in one of the following packagings:
(1) DOT Specification 6L (Sec. 178.352 of this subchapter), metal
packaging, for materials prescribed in paragraph (b)(1) of this
section.
[[Page 50313]]
(2) DOT Specification 6M (Sec. 178.354 of this subchapter), metal
packaging, for materials prescribed in paragraph (b)(2) of this
section.
(3) Any packaging listed in Sec. 173.415, limited to the Class 7
(radioactive) materials specified in 10 CFR part 71, subpart C.
(4) Any other Type A or Type B, Type B(U), or Type B(M) packaging
for fissile Class 7 (radioactive) materials that also meets the
applicable standards for fissile materials in 10 CFR part 71.
(5) Any other Type A or Type B, Type B(U), or Type B(M) packaging
that also meets the applicable requirements for fissile material
packaging in Section V of the International Atomic Energy Agency
``Regulations for the Safe Transport of Radioactive Materials, Safety
Series No. 6,'' and for which the foreign competent authority
certificate has been revalidated by the U.S. Competent Authority, in
accordance with Sec. 173.473. These packages are authorized only for
export and import shipments.
(6) A 55-gallon 1A2 steel drum, meeting the applicable packaging
testing requirements of subpart M of Part 178 of this subchapter at the
packing group I performance level, subject to the following conditions:
(i) The quantity may not exceed 350 grams of uranium-235 in any
non-pyrophoric form, enriched to any degree in the uranium-235 isotope;
(ii) Each drum must have a minimum 18 gauge body and bottom head
and 16 gauge removable top head with one or more corrugations in the
cover near the periphery;
(iii) Closure must conform to Sec. 178.352 of this subchapter;
(iv) At least four equally spaced 12 millimeter (0.5 inch) diameter
vent holes must be provided on the sides of the drum near the top, each
covered with weatherproof tape; or equivalent device;
(v) Appropriate primary, inner containment of the contents and
sufficient packaging material, such as plastic or metal jars or cans,
must be provided such that Specification 7A (Sec. 178.350 of this
subchapter) provisions are satisfied by the inner packaging;
(vi) Each inner container must be capable of venting if subjected
to the thermal test described in 10 CFR part 71;
(vii) Liquid contents must be packaged in accordance with
Sec. 173.412 (j) and (k); and
(viii) The maximum weight of contents, including internal
packaging, may not exceed 91 kilograms (200 pounds) with fissile
material content limited as shown in Table 2:
Table 2.--Fissile Material Content and Transport Index for UN1A2 Package
----------------------------------------------------------------------------------------------------------------
Maximum quantity and minimum transport index Maximum No. of packages transported
--------------------------------------------------------------------------- as a fissile material controlled
U-235 per package (grams) Minimum transport index per package shipment
----------------------------------------------------------------------------------------------------------------
350................................. 1.8 72
300................................. 1.0 129
250................................. 0.5 256
200................................. 0.3 500
150................................. 0.1 500
100................................. 0.1 500
50.................................. (\1\) (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ Transport index is limited by the external radiation levels.
\2\ Maximum number is limited by the total transport index.
(7) Any metal cylinder that meets the requirements of Sec. 173.415
and Sec. 178.350 of this subchapter for Specification 7A Type A
packaging may be used for the transport of residual ``heels'' of
enriched solid uranium hexafluoride without a protective overpack in
accordance with Table 3, as follows:
Table 3.--Allowable Content of Uranium Hexafluoride (UF\6\) ``Heels'' In a Specification 7A Cylinder
----------------------------------------------------------------------------------------------------------------
Maximum cylinder Cylinder volume Maximum Maximum ``Heel'' weight per
diameter ----------------------- Uranium- cylinder
------------------------ 235 --------------------------------
Cubic enrichment Uranium-235
Centimeters Inches Liters Feet (weight UF6 ---------------------
percent) kg (lb)
----------------------------------------------------------------------------------------------------------------
12.7................ 5 8.8 0.311 100.0 0.045 0.1 0.031 0.07
20.3................ 8 39.0 1.359 12.5 0.227 0.5 0.019 0.04
30.5................ 12 68.0 2.410 5.0 0.454 1.0 0.015 0.03
76.0................ 30 725.0 25.64 5.0 11.3 25.0 0.383 0.84
122.0............... 48 3,084.0 \1\ 108.9 4.5 22.7 50.0 0.690 1.52
122.0............... 48 4,041.0 \2\ 142.7 4.5 22.7 50.0 0.690 1.52
----------------------------------------------------------------------------------------------------------------
\1\ 10 ton.
\2\ 14 ton.
(8) DOT Specification 20PF-1, 20PF-2, or 20PF-3 (Sec. 178.356 of
this subchapter), or Specification 21PF-1A, 21PF-1B, or 21PF-2
(Sec. 178.358 of this subchapter) phenolic-foam insulated overpack with
snug fitting inner metal cylinders, meeting all requirements of
Secs. 173.24, 173.410, 173.412, and 173.420 and the following:
(i) Handling procedures and packaging criteria must be in
accordance with DOE Report ORO-651 or ANSI N14.1.
(ii) Quantities of uranium hexafluoride are authorized as shown in
Table 6 of this section, with each package assigned a minimum transport
index as also shown.
(b) Fissile Class 7 (radioactive) materials with radioactive
content exceeding A1 or A2 must be packaged in one of the
following packagings:
[[Page 50314]]
(1) DOT Specification 6L (Sec. 178.352 of this subchapter), metal
packaging. These packages may contain only uranium-235, plutonium-239,
or plutonium-241, as metal, oxide, or compounds that do not decompose
at temperatures up to 149 deg.C (300 deg.F). Radioactive decay heat
output may not exceed 5 watts. Class 7 (radioactive) materials in
normal form must be packaged in one or more tightly sealed metal or
polyethylene bottles within a DOT Specification 2R (Sec. 178.360 of
this subchapter) containment vessel. Authorized contents are limited in
accordance with Table 4, as follows:
Table 4.--Authorized Contents in Kilograms (kg) and Conditions for
Specification 6L Packages
------------------------------------------------------------------------
Uranium-235 Plutonium (Plutonium Maximum No.
--------------------------- solutions are not of packages
authorized) Minimum transported
---------------------- fissile as a
3 H/X<= transport fissile
H/X<=3\1\ 10 10 <= H/X index material
H/X<= 10 <= 20 control
shipment
------------------------------------------------------------------------
14............. \2\ 3.6 ......... ......... 1.3 80
......... 2.5 2.4 1.8 50
------------------------------------------------------------------------
\1\ H/X is the ratio of hydrogen to fissile atoms in their inner
containment with all sources of hydrogen in the containment
considered.
\2\ Volume not to exceed 3.6 liters.
(2) DOT Specification 6M (Sec. 178.354 of this subchapter), metal
packaging. These packages must contain only solid Class 7 (radioactive)
materials that will not decompose at temperatures up to 121 deg.C
(250 deg.F). Radioactive decay heat output may not exceed 10 watts.
Class 7 (radioactive) materials in other than special form must be
packaged in one or more tightly sealed metal cans or polyethylene
bottles within a DOT Specification 2R (Sec. 178.360 of this subchapter)
containment vessel.
(i) Packages are limited to the following amounts of fissile Class
7 (radioactive) materials: 1.6 kilograms of uranium-235; 0.9 kilograms
of plutonium (except that due to the 10-watt thermal decay heat
limitation, the limit for plutonium-238 is 0.02 kilograms); and 0.5
kilograms of uranium-233. The maximum ratio of hydrogen to fissile
material may not exceed three, including all of the sources of hydrogen
within the DOT Specification 2R containment vessel.
(ii) Maximum quantities of fissile material and other restrictions
are given in Table 5. The minimum transport index to be assigned per
package and for fissile material, controlled shipments and the
allowable number of similar packages per conveyance and per transport
vehicle are shown in Table 5. Where a maximum ratio of hydrogen to
fissile material is specified in Table 5, only the hydrogen
interspersed with the fissile material need be considered. For a
uranium-233 shipment, the maximum inside diameter of the inner
containment vessel may not exceed 12.1 centimeters (4.75 inches). Where
necessary, a tight fitting steel insert must be used to reduce a larger
diameter inner containment vessel specified in Sec. 178.354 of this
subchapter to the 12.1 centimeter (4.75 inch) limit. Table 5 is as
follows:
Table 5.--Authorized Contents for Specification 6M Packages \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Uranium-233 \5\ Uranium-235 \4\ \7\ Plutonium \2\ \3\ \4\ Maximum No.
-------------------------------------------------------------------------------------------------------------------------------- pkgs.
Metal or alloy Compounds Metal or Compounds Metal or Compounds transported
-------------------------------------------------------------- alloy ---------------------- alloy ---------------------- Minimum as a
----------- ----------- transport fissile
index material
H/X=0 8 H/X=0 H/X<=3 H/X=0 H/X=0 H/X<=3 H/X=0 H/X=0 H/X<=3 control
shipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.5.................................... 0.5 0.5 1.6 1.6 1.6 9 0.9 9 0.9 90.9 0 NA
3.6.................................... 4.4 2.9 7.2 7.6 5.3 3.1 4.1 3.4 0.1 1,250
4.2 6.................................. 5.2 3.5 8.7 9.6 6.4 3.4 4.5 4.1 0.2 625
5.26................................... 6.8 4.5 11.2 13.9 8.3 4.2 ......... 4.5 0.5 250
......... ......... 13.5 16.0 10.1 4.5 ......... ......... 1.0 125
......... ......... ......... 26.0 16.1 ......... ......... ......... 5.0 25
......... ......... ......... 32.0 19.5 ......... ......... ......... 10.0 12
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Quantity in kilograms.
\2\ Minimum percentage of plutonium-240 is 5 weight percent.
\3\ 4.5 kilogram limitation of plutonium due to watt decay heat limitation.
\4\ For a mixture of uranium-235 and plutonium an equal amount of uranium-235 may be substituted for any portion of the plutonium authorized.
\5\ Maximum inside diameter of specification 2R containment vessel not to exceed 12.1 centimeters (4.75 inches) (see paragraph (b)(2)(ii) of this
section).
\6\ Granulated or powdered metal with any particle less than 6.4 millimeters (0.25 inch) in the smallest dimension is not authorized.
\7\ Maximum permitted uranium-235 enrichment is 93.5 percent.
\8\ H/X is the ratio of hydrogen to fissile atoms in the inner containment.
\9\ For P-238, the limit is 0.02 kg because of the 10 watt thermal decay heat limitation.
(3) Type B, or Type B(U), or B(M) packaging that meets the
standards for packaging of fissile materials in 10 CFR part 71, and is
approved by the U.S. Nuclear Regulatory Commission and used in
accordance with Sec. 173.471.
[[Page 50315]]
(4) Type B, B(U), or B(M) packaging that meets the applicable
requirements for fissile Class 7 (radioactive) materials in Section V
of the IAEA ``Regulations for the Safe Transport of Radioactive
Materials, Safety Series No. 6'' and for which the foreign competent
authority certificate has been revalidated by the U.S. Competent
Authority in accordance with Sec. 173.473. These packagings are
authorized only for import and export shipments.
(5) DOT Specifications 20PF-1, 20PF-2, or 20PF-3 (Sec. 178.356 of
this subchapter), or DOT Specifications 21PF-1A or 21PF-1B
(Sec. 178.358 of this subchapter) phenolic-foam insulated overpack with
snug fitting inner metal cylinders, meeting all requirements of
Secs. 173.24, 173.410, and 173.412, and the following:
(i) Handling procedures and packaging criteria must be in
accordance with DOE Report ORO-651 or ANSI N14.1; and
(ii) Quantities of uranium hexafluoride are authorized as shown in
Table 6, with each package assigned a minimum transport index as also
shown:
Table 6.--Authorized Quantities of Uranium Hexafluoride
----------------------------------------------------------------------------------------------------------------
Maximum inner cylinder Maximum weight of Maximum U-
diameter UF6 contents 235 Minimum
Protective overpack specification number ---------------------------------------------- enrichment transport
(weight/ index
Centimeters Inches Kilograms Pounds percent)
----------------------------------------------------------------------------------------------------------------
20PF-1..................................... 12.7 5 25 55 100.0 0.1
20PF-2..................................... 20.3 8 116 255 12.5 0.4
20PF-3..................................... 30.5 12 209 460 5.0 1.1
21PF-1A 1 or 21PF-1B 1..................... 2 76.0 2 30 2,250 4,950 5.0 5.0
21PF-1A 1 or 21PF-1B 1..................... 376.0 330 2,282 5,020 5.0 5.0
21PF-2 1................................... 2 76.0 2 30 2,250 4,950 5.0 5.0
21PF-2 1................................... 3 76.0 3 30 2,282 5,020 5.0 5.0
----------------------------------------------------------------------------------------------------------------
\1\ For 76 cm (30 in) cylinders, the maximum H/U atomic ratio is 0.088.
\2\ Model 30A inner cylinder (reference ORO-651).
\3\ Model 30B inner cylinder (reference ORO-651).
Sec. 173.418 Authorized packages--pyrophoric Class 7 (radioactive)
materials.
Pyrophoric Class 7 (radioactive) materials, as referenced in the
Sec. 172.101 Table of this subchapter, in quantities not exceeding
A2 per package must be transported in DOT Specification 7A
packagings constructed of materials that will not react with, nor be
decomposed by, the contents. Contents of the package must be--
(a) In solid form and must not be fissile unless excepted by
Sec. 173.453;
(b) Contained in sealed and corrosion resistant receptacles with
positive closures (friction or slip-fit covers or stoppers are not
authorized);
(c) Free of water and contaminants that would increase the
reactivity of the material; and
(d) Inerted to prevent self-ignition during transport by either--
(1) Mixing with large volumes of inerting materials, such as
graphite, dry sand, or other suitable inerting material, or blended
into a matrix of hardened concrete; or
(2) Filling the innermost receptacle with an appropriate inert gas
or liquid.
Sec. 173.419 Authorized packages--oxidizing Class 7 (radioactive)
materials.
(a) An oxidizing Class 7 (radioactive) material, as referenced in
the Sec. 172.101 Table of this subchapter, is authorized in quantities
not exceeding an A2 per package, in a DOT Specification 7A package
provided that--
(1) The contents are:
(i) Not fissile;
(ii) Packed in inside packagings of glass, metal or compatible
plastic; and
(iii) Cushioned with a material that will not react with the
contents; and
(2) The outside packaging is made of wood, metal, or plastic.
(b) The package must be capable of meeting the applicable test
requirements of Sec. 173.465 without leakage of contents.
(c) For shipment by air, the maximum quantity in any package may
not exceed 11.3 kilograms (25 pounds).
Sec. 173.420 Uranium hexafluoride (fissile, fissile excepted and non-
fissile).
(a) In addition to any other applicable requirements of this
subchapter, uranium hexafluoride, fissile, fissile excepted or non-
fissile, must be offered for transportation as follows:
(1) Before initial filling and during periodic inspection and test,
packagings must be cleaned in accordance with American National
Standard N14.1.
(2) Packagings must be designed, fabricated, inspected, tested and
marked in accordance with--
(i) American National Standard N14.1 (1990, 1987, 1982, 1971) in
effect at the time the packaging was manufactured;
(ii) Specifications for Class DOT-106A multi-unit tank car tanks
(Secs. 179.300 and 179.301 of this subchapter); or
(iii) Section VIII, Division I of the ASME Code, provided the
packaging--
(A) Was manufactured on or before June 30, 1987;
(B) Conforms to the edition of the ASME Code in effect at the time
the packaging was manufactured;
(C) Is used within its original design limitations; and
(D) Has shell and head thicknesses that have not decreased below
the minimum value specified in the following table:
------------------------------------------------------------------------
Minimum thickness;
Packaging model millimeters
(inches)
------------------------------------------------------------------------
1S, 2S.............................................. 1.58 (0.062)
5A, 5B, 8A.......................................... 3.17 (0.125)
12A, 12B............................................ 4.76 (0.187)
30B................................................. 7.93 (0.312)
48A, F, X, and Y.................................... 12.70 (0.500)
48T, O, OM, OM Allied, HX, H, AND G................. 6.35 (0.250)
------------------------------------------------------------------------
(3) Uranium hexafluoride must be in solid form.
(4) The volume of solid uranium hexafluoride, except solid depleted
uranium hexafluoride, at 20 deg.C (68 deg. F) may not exceed 61% of the
certified volumetric capacity of the packaging. The volume of solid
depleted uranium hexafluoride at 20 deg. C (68 deg. F) may not exceed
62% of the certified volumetric capacity of the packaging.
(5) The pressure in the package at 20 deg. C (68 deg. F) must be
less than 101.3 kPa (14.8 psia).
[[Page 50316]]
(b) Packagings for uranium hexafluoride must be periodically
inspected, tested, marked and otherwise conform with the American
National Standard N14.1-1990.
(c) Each repair to a packaging for uranium hexafluoride must be
performed in accordance with American National Standard N14.1-1990.
Sec. 173.421 Excepted packages for limited quantities of Class 7
(radioactive) materials.
(a) A Class 7 (radioactive) material whose activity per package
does not exceed the limits specified in Sec. 173.425 and its packaging
are excepted from the specification packaging, marking, labeling and,
if not a hazardous substance or hazardous waste, the shipping paper and
certification requirements of this subchapter and requirements of this
subpart if:
(1) Each package meets the general design requirements of
Sec. 173.410;
(2) The radiation level at any point on the external surface of the
package does not exceed 0.005 mSv/hour (0.5 mrem/ hour);
(3) The nonfixed (removable) radioactive surface contamination on
the external surface of the package does not exceed the limits
specified in Sec. 173.443(a);
(4) The outside of the inner packaging or, if there is no inner
packaging, the outside of the packaging itself bears the marking
``Radioactive'';
(5) Except as provided in Sec. 173.426, the package does not
contain more than 15 grams of uranium-235; and
(6) The material is otherwise prepared for shipment as specified in
accordance with Sec. 173.422.
(b) A limited quantity of Class 7 (radioactive) material that is a
hazardous substance or a hazardous waste, is not subject to the
provisions in Sec. 172.203(d) or Sec. 172.204(c)(4) of this subchapter.
Sec. 173.422 Additional requirements for excepted packages containing
Class 7 (radioactive) materials.
(a) Excepted packages prepared for shipment under the provisions of
Sec. 173.421, Sec. 173.424, Sec. 173.426, or Sec. 173.428 must be
certified as being acceptable for transportation by having a notice
enclosed in or on the package, included with the packing list, or
otherwise forwarded with the package. This notice must include the name
of the consignor or consignee and one of the following statements, as
appropriate:
(1) ``This package conforms to the conditions and limitations
specified in 49 CFR 173.421 for radioactive material, excepted package-
limited quantity of material, UN2910'';
(2) ``This package conforms to the conditions and limitations
specified in 49 CFR 173.424 for radioactive material, excepted package-
instruments or articles, UN2910'';
(3) ``This package conforms to the conditions and limitations
specified in 49 CFR 173.426 for radioactive material, excepted package-
articles manufactured from natural or depleted uranium, or natural
thorium, UN2910''; or
(4) ``This package conforms to the conditions and limitations
specified in 49 CFR 173.428 for radioactive material, excepted package-
empty packaging, UN2910.''
(b) An excepted package of Class 7 (radioactive) material that is
classed as Class 7 and is prepared for shipment under the provisions of
Sec. 173.421, Sec. 173.423, Sec. 173.424, Sec. 173.426, or Sec. 173.428
is not subject to the requirements of this subchapter, except for--
(1) Sections 171.15, 171.16, 174.750, 176.710, and 177.861 of this
subchapter, pertaining to the reporting of incidents and
decontamination, when transported by a mode other than air; and
(2) Sections 171.15, 171.16, 175.45, and 175.700(b) of this
subchapter pertaining to the reporting of incidents and decontamination
when transported by aircraft.
Sec. 173.423 Requirements for multiple hazard limited quantity Class 7
(radioactive) materials.
(a) Except as provided in Sec. 173.4, when a limited quantity
radioactive material meets the definition of another hazard class or
division, it must be--
(1) Classed for the additional hazard;
(2) Packaged to conform with the requirements specified in
Sec. 173.421(a)(1) through (a)(5) or Sec. 173.424(a) through (g), as
appropriate; and
(3) Offered for transportation in accordance with the requirements
applicable to the hazard for which it is classed.
(b) A limited quantity Class 7 (radioactive) material which is
classed other than Class 7 in accordance with this subchapter is
excepted from the requirements of Secs. 173.422(a), 172.203(d), and
172.204(c)(4) of this subchapter if the entry ``Limited quantity
radioactive material'' appears on the shipping paper in association
with the basic description.
Sec. 173.424 Excepted packages for radioactive instruments and
articles.
A radioactive instrument or article and its packaging is excepted
from the specification packaging, shipping paper and certification,
marking and labeling requirements of this subchapter and requirements
of this subpart, if:
(a) Each package meets the general design requirements of
Sec. 173.410;
(b) The activity of the instrument or article does not exceed the
relevant limit listed in Table 7 in Sec. 173.425;
(c) The total activity per package does not exceed the relevant
limit listed in Table 7 in Sec. 173.425;
(d) The radiation level at 10 cm (4 in) from any point on the
external surface of any unpackaged instrument or article does not
exceed 0.1 mSv/hour (10 mrem/hour);
(e) The radiation level at any point on the external surface of a
package bearing the article or instrument does not exceed 0.005 mSv/
hour (0.5 mrem/hour), or, for exclusive use domestic shipments, 0.02
mSv (2 mrem/hour);
(f) The nonfixed (removable) radioactive surface contamination on
the external surface of the package does not exceed the limits
specified in Sec. 173.443(a);
(g) Except as provided in Sec. 173.426, the package does not
contain more than 15 grams of uranium-235; and
(h) The package is otherwise prepared for shipment as specified in
Sec. 173.422.
Sec. 173.425 Table of activity limits--excepted quantities and
articles.
The limits applicable to instruments, articles, and limited
quantities subject to exceptions under Secs. 173.421 and 173.424 are
set forth in Table 7 as follows:
[[Page 50317]]
Table 7.--Activity Limits for Limited Quantities, Instruments, and Articles
----------------------------------------------------------------------------------------------------------------
Instruments and articles
--------------------------------
Limits for
Nature of contents each Package limits Materials package limits 1
instrument or 1
article 1
----------------------------------------------------------------------------------------------------------------
Solids:
Special form.................................... 10-2A1........ A1............ 10-3A14
Other form...................................... 10-2A2........ A2............ 10-3A2
Liquids--Tritiated water:
<0.0037 TBq/liter (0.1 Ci/L).................... .............. .............. 37 TBq (1,000 Ci)
0.0037 TBq to 0.037 TBq/L (0.1 Ci to 1.0 Ci/L).. .............. .............. 3.7 TBq (100 Ci)
>0.037 TBq/L (1.0 Ci/L)......................... .............. .............. 0.037 TBq (1.0 Ci)
Other Liquids....................................... 10-3A2........ 10A1A2........ 10-4A2
Gases:
Tritium......................................... 2 x 10-2A2.. 2 x 10-1A2.. 2 x 10-2A2
Special form.................................... 10-3A1........ 10-2A1........ 10-3A1
Other form...................................... 10-3A2........ 10-2A2........ 10-3A2
----------------------------------------------------------------------------------------------------------------
1 For mixtures of radionuclides see Sec. 173.433(b).
Sec. 173.426 Excepted packages for articles containing natural uranium
or thorium.
A manufactured article in which the sole Class 7 (radioactive)
material content is natural or unirradiated depleted uranium or natural
thorium and its packaging is excepted from the specification packaging,
shipping paper and certification, marking, and labeling requirements of
this subchapter and requirements of this subpart if:
(a) Each package meets the general design requirements of
Sec. 173.410;
(b) The outer surface of the uranium or thorium is enclosed in an
inactive sheath made of metal or other durable protective material;
(c) The conditions specified in Sec. 173.421 (b), (c), and (d) are
met; and
(d) The article is otherwise prepared for shipment as specified in
Sec. 173.422.
Sec. 173.427 Transport requirements for low specific activity (LSA)
Class 7 (radioactive) materials and surface contaminated objects (SCO).
(a) In addition to other applicable requirements specified in this
subchapter, low specific activity (LSA) materials and surface
contaminated objects (SCO), unless excepted by paragraph (d) of this
section, must be packaged in accordance with paragraph (b) or (c) of
this section and must be transported in accordance with the following
conditions:
(1) The external dose rate must not exceed an external radiation
level of 10 mSv/h (1 rem/h) at 3 meters from the unshielded material;
(2) The quantity of LSA and SCO material in any single conveyance
must not exceed the limits specified in Table 9;
(3) LSA material and SCO that are or contain fissile material must
meet the applicable requirements of Sec. 173.451;
(4) Packages must meet the contamination control limits specified
in Sec. 173.443;
(5) External radiation levels must comply with Sec. 173.441; and
(6) For LSA material and SCO required by this section to be
consigned as exclusive use:
(i) Shipments must be loaded by the consignor and unloaded by the
consignee from the conveyance or freight container in which originally
loaded;
(ii) There must be no loose Class 7 (radioactive) material in the
conveyance, however, when the conveyance is the packaging there must be
no leakage of Class 7 (radioactive) material from the conveyance;
(iii) Packages must be braced so as to prevent shifting of lading
under conditions normally incident to transportation;
(iv) Specific instructions for maintenance of exclusive use
shipment controls must be provided by the offeror to the carrier. Such
instructions must be included with the shipping paper information;
(v) Except for shipments of unconcentrated uranium or thorium ores,
the transport vehicle must be placarded in accordance with subpart F of
Part 172 of this subchapter;
(vi) For domestic transportation only, packages are excepted from
the marking and labeling requirements of this subchapter. However, the
exterior of each nonbulk package must be stenciled or otherwise marked
``Radioactive--LSA'' or ``Radioactive--SCO'', as appropriate, and
nonbulk packages that contain a hazardous substance must also be
stenciled or otherwise marked with the letters ``RQ'' in association
with the above description; and
(vii) Except when transported in an industrial package in
accordance with Table 8, transportation by aircraft is prohibited.
(b) Except as provided in paragraph (c) of this section, LSA
material and SCO must be packaged as follows:
(1) In an industrial package (IP-1, IP-2 or IP-3; Sec. 173.411),
subject to the limitations of Table 8;
(2) For domestic transportation only, in a DOT Specification 7A
(Sec. 178.350 of this subchapter) Type A package. The requirements of
Sec. 173.412 (a), (b), (c) and (k) do not apply; or
(3) For domestic transportation only, in a strong, tight package
that prevents leakage of the radioactive content under normal
conditions of transport. In addition to the requirements of paragraph
(a) of this section, the following requirements must be met:
(i) The shipment must be exclusive use;
(ii) The quantity of Class 7 (radioactive) material in each
packaging may not exceed an A2 quantity.
(c) LSA-I and SCO-I (see Sec. 173.403), unless packaged in
accordance with paragraph (b) of this section, must be packaged in bulk
packagings in accordance with this paragraph. The shipment must be, in
addition to complying with the applicable requirements of paragraph (a)
of this section, exclusive use:
(1) Solids. Packages must be strong tight packagings, meeting the
requirements of subpart B of this Part, transported in a closed
transport vehicle. The requirements of Sec. 173.410 do not apply.
(2) Liquids. Liquids must be transported in the following
packagings:
(i) Specification 103CW, 111A60W7 (Secs. 179.200, 179.201, 179.202
of this
[[Page 50318]]
subchapter) tank cars. Bottom openings in tanks are prohibited; or
(ii) Specification MC 310, MC 311, MC 312, MC 331 or DOT 412
(Sec. 178.348 or Sec. 178.337 of this subchapter) cargo tank motor
vehicles. Bottom outlets are not authorized. Trailer-on-flat-car
service is not authorized.
(d) Except for transportation by aircraft, LSA material and SCO
that conform to the provisions specified in 10 CFR 20.2005 are excepted
from all requirements of this subchapter pertaining to Class 7
(radioactive) materials when offered for transportation for disposal or
recovery. A material which meets the definition of another hazard class
is subject to the provisions of this subchapter relating to that hazard
class.
(e) LSA and SCO that exceed the packaging limits in this section
must be packaged in accordance with 10 CFR part 71.
(f) Tables 8 and 9 are as follows:
Table 8.--Industrial Package Integrity Requirements for LSA Material and
SCO
------------------------------------------------------------------------
Industrial packaging
type
------------------------
Contents Exclusive
use Nonexclusive
shipment use shipment
------------------------------------------------------------------------
LSA-I:
Solid...................................... IP-1 IP-1
Liquid..................................... IP-1 IP-2
LSA-II:
Solid...................................... IP-2 IP-2
Liquid and gas............................. IP-2 IP-3
LSA-IIII....................................... IP-2 IP-3
SCO-I.......................................... IP-1 IP-1
SCO-II......................................... IP-2 IP-2
------------------------------------------------------------------------
TABLE 9--Conveyance Activity Limits for LSA Material and SCO
------------------------------------------------------------------------
Activity limit for
Nature of material conveyances
------------------------------------------------------------------------
LSA-I............................................. No limit.
LSA-II and LSA-III; noncombustible solids......... No limit.
LSA-II and LSA-III; Combustible solids and all 100 A2
liquids and gases.
SCO............................................... 100 A2
------------------------------------------------------------------------
Sec. 173.428 Empty Class 7 (radioactive) materials packaging.
A packaging which previously contained Class 7 (radioactive)
materials and has been emptied of contents as far as practical, is
expected from the shipping paper and certification, marking and
labeling requirements of this subchapter, and from requirements of this
chapter, provided that--
(a) The packaging meets the requirements of Sec. 173.421(b), (c),
and (e) of this subpart;
(b) The packaging is in unimpaired condition and is securely closed
so that there will be no leakage of Class 7 (radioactive) material
under conditions normally incident to transportation;
(c) Internal contamination does not exceed 100 times the limits in
Sec. 173.443(a);
(d) Any labels previously applied in conformance with Subpart E of
Part 172 of this subchapter are removed, obliterated, or covered and
the ``Empty'' label prescribed in Sec. 172.450 of this subchapter is
affixed to the packaging; and
(e) The packaging is prepared for shipment as specified in
Sec. 173.422.
Sec. 173.431 Activity limits for Type A and Type B packages.
(a) Except for LSA material and SCO, a Type A package may not
contain a quantity of Class 7 (radioactive) materials greater than
A1 for special form Class 7 (radioactive) material or A2 for
normal form Class 7 (radioactive) material as listed in Sec. 173.435,
or, for Class 7 (radioactive) materials not listed in Sec. 173.435, as
determined in accordance with Sec. 173.433.
(b) The limits on activity contained in a Type B, Type B(U), or
Type B(M) package are those prescribed in Secs. 173.416 and 173.417, or
in the applicable approval certificate under Secs. 173.471, 173.472 or
173.473.
Sec. 173.433 Requirements for determining A1 and A2 values
for radionuclides and for the listing of radionuclides on shipping
papers and labels.
(a) Values of A1 and A2 for individual radionuclides that
are the basis for many activity limits elsewhere in this subchapter are
given in the table in Sec. 173.435.
(b) For individual radionuclides whose identities are known, but
which are not listed in the table in Sec. 173.435, the determination of
the values of A1 and A2 requires approval from the Associate
Administrator for Hazardous Materials Safety except that the values of
A1 and A2 in Table 10 may be used without obtaining approval
from Associate Administrator for Hazardous Materials Safety.
(c) In calculating A1 and A2 values for a radionuclide
not listed in the table in Sec. 173.435, a single radioactive decay
chain in which the radionuclides are present in their naturally-
occurring proportions, and in which no daughter nuclide has a half life
either longer than 10 days or longer than that of the parent nuclide,
will be considered as a single radionuclide, and the activity to be
taken into account and the A1 or A2 value to be applied will
be those corresponding to the parent nuclide of that chain. Otherwise,
the parent and daughter nuclides will be considered as a mixture of
different nuclides.
(d) Mixtures of radionuclides whose identities and respective
activities are known, must conform to the following conditions:
(1) For special form Class 7 (radioactive) material:
[GRAPHIC][TIFF OMITTED]TR28SE95.006
Where B(i) is the activity of radionuclide i and A1 (i) is the
A1 value for radionuclide i; or
(2) For other forms of Class 7 (radioactive) material, either--
[GRAPHIC][TIFF OMITTED]TR28SE95.007
Where B(i) is the activity of radionuclide i and A2 (i) is the
A2 value for radionuclide i; or
[GRAPHIC][TIFF OMITTED]TR28SE95.008
where f(i) is the fraction of activity of nuclide i in the mixture and
A2 (i) is the appropriate A2 value for nuclide i.
(e) When the identity of each nuclide is known but the individual
activities of some of the radionuclides are not known, the
radionuclides may be grouped and the lowest A1 or A2 value,
as appropriate, for the radionuclides in each group may be used in
applying the formulas in paragraph (d) of this section. Groups may be
based on the total alpha activity and the total beta/gamma activity
when these are known, using the lowest A1 or A2 values for
the alpha emitters or beta/gamma emitters, respectively.
(f) Shipping papers and labeling. (1) For mixtures of
radionuclides, the radionuclides (n) that must be shown on shipping
papers and labels in accordance with Secs. 172.203 and 172.403 of this
subchapter, respectively, must be determined on the basis of the
following formula:
[GRAPHIC][TIFF OMITTED]TR28SE95.009
[[Page 50319]]
Where n + m represents all the radionuclides in the mixture, m are the
radionuclides that do not need to be considered, ai is the
activity of radionuclide i in the mixture, and Ai is the A1
or A2 value, as appropriate for radionuclide i.
(g) Table 10 is as follows:
Table 10.--General Values for A1 and A2
------------------------------------------------------------------------
A1 A2
Contents -----------------------------------------------------
(TBq) (Ci) (TBq) (Ci)
------------------------------------------------------------------------
Only beta or gamma
emitting nuclides
are known to be
present.......... 0.2 5 0.02 0.5
Alpha emitting
nuclides are
known to be
present or
relevant data are
available........ 0.10 2.70 2 x 10-5 5.41 x 10-4
------------------------------------------------------------------------
Sec. 173.434 Activity-mass relationships for uranium and natural
thorium.
The table of activity-mass relationships for uranium and natural
thorium are as follows:
------------------------------------------------------------------------
Thorium and uranium Specific activity
enrichment1(Wt% 235U ---------------------------------------------------
present) TBq/gram Grams/Tbq Ci/gram Grams/Ci
------------------------------------------------------------------------
0.45 (depleted)..... 1.9 x 10-8 5.4 x 107 5.0 x 10-7 2.0 x 106
0.72 (natural)...... 2.6 x 10-8 3.8 x 107 7.1 x 10-7 1.4 x 106
1.0................. 2.8 x 10-8 3.6 x 107 7.6 x 10-7 1.3 x 106
1.5................. 3.7 x 10-8 2.7 x 107 1.0 x 10-6 1.0 x 106
5.0................. 1.0 x 10-7 1.0 x 107 2.7 x 10-6 3.7 x 105
10.0................ 1.8 x 10