[Federal Register Volume 62, Number 245 (Monday, December 22, 1997)]
[Rules and Regulations]
[Pages 66898-66900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33031]
[[Page 66897]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 172 et al.
Hazardous Materials: Radiation Protection Program Requirement; Final
Rules
49 CFR Part 172 et al.
Hazardous Materials: Withdrawal of Radiation Protection Program;
Proposed Rule
Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 /
Rules and Regulations
[[Page 66898]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 172, 174, 175, 176, and 177
[Docket No. RSPA-97-2850 (HM-169B)]
RIN 2137-AD14
Hazardous Materials: Radiation Protection Program Requirement
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Revocation of direct final rule; Reinstatement of regulations.
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SUMMARY: This action restores regulatory text that was removed by a
September 2, 1997 direct final rule because interested parties
submitted adverse comments on it. In the direct final rule, RSPA
removed regulations that require persons who offer, accept for
transportation, or transport radioactive materials to develop and
maintain written radiation protection programs. The effect of this
action is that the radiation protection program requirements issued on
September 28, 1995 remain in effect. RSPA is publishing a notice of
proposed rulemaking elsewhere in this issue of the Federal Register
inviting further comments on the need to withdraw or revise the
radiation protection program requirements.
DATES: The direct final rule published at 62 FR 46214 is revoked and
the text of affected provisions in Subpart I of Part 172 and
Secs. 174.705, 175.706, 176.703 and 177.827 are reinstated as of
September 30, 1997.
FOR FURTHER INFORMATION CONTACT: Dr. Fred D. Ferate II, Office of
Hazardous Materials Technology, (202) 366-4545 or Charles E. Betts,
Office of Hazardous Materials Standards, (202) 366-8553; RSPA, U.S.
Department of Transportation, 400 Seventh Street SW, Washington, DC
20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On September 28, 1995, RSPA published a final rule in the Federal
Register under Docket No. HM-169A (60 FR 50292). The changes made in
Docket HM-169A were part of RSPA's ongoing effort to harmonize the
Hazardous Materials Regulations (HMR; 49 CFR 171-180) with
international standards and to improve radiation safety for workers and
the public during the transportation of radioactive materials.
One of the substantive regulatory changes under Docket HM-169A is a
requirement to develop and maintain a written radiation protection
program (RPP). The RPP requirements are found in Subpart I of Part 172
of the HMR. Implementation provisions for rail, air, vessel and highway
are found in Secs. 174.705, 175.706, 176.703, and 177.827,
respectively. The RPP requirements apply, with certain exceptions, to
each person who offers for transportation, accepts for transportation,
or transports Class 7 (radioactive) materials. Compliance with the RPP
requirements was required after October 1, 1997.
Following publication of the September 28, 1995 final rule, many
comments were received concerning technical difficulties in
implementing the RPP requirements. Subsequently, on April 19, 1996,
RSPA published in the Federal Register a request for comments on the
implementation of the RPP requirements (Notice 96-7; 61 FR 17349). In
Notice 96-7, RSPA stated its intention to develop guidance for the
radioactive material industry to facilitate compliance with the RPP
requirements.
RSPA received 23 comments in response to Notice 96-7. After
considering these comments, RSPA decided that the concerns expressed
could not all be resolved through guidance; new rulemaking was required
in order to adequately address many of the issues raised in the
comments. RSPA determined that the current RPP requirements in Subpart
I of Part 172, and Secs. 174.705, 175.706, 176.703 and 177.827 should
be withdrawn, because they could not be corrected through rulemaking
action prior to the October 1, 1997 compliance date. Accordingly, RSPA
published a direct final rule on September 2, 1997 [62 FR 46214],
withdrawing the RPP requirements effective September 30, 1997, unless
an adverse comment or notice of intent to file an adverse comment was
received by September 30, 1997. The preamble to the direct final rule
discussed the concerns expressed in response to Notice 96-7.
II. Revocation of Direct Final Rule
The procedures governing issuance of direct final rules are in 49
CFR 106.39. These procedures provide for public notice and opportunity
for comment subsequent to publication of a direct final rule. They also
provide that if an adverse comment or notice of intent to file an
adverse comment is received, RSPA will issue a timely document in the
Federal Register to confirm that fact and withdraw the direct final
rule in whole or in part. Under the procedures, RSPA may then
incorporate the adverse comment into a subsequent direct final rule or
may publish a notice of proposed rulemaking.
Two persons submitted adverse comments on the direct final rule:
Caliber System, Inc. and Davis Transport Inc. In summary, these parties
asserted that RSPA did not adequately consider worker safety, but had
overemphasized the comments on economic ability to comply and
overstated the inconsistency and compliance assurance issues associated
with the rule.
In this document, RSPA is providing notice that the provisions
removed by the September 2, 1997 direct final rule are reinstated
because two adverse comments were submitted.
RSPA is publishing a notice of proposed rulemaking (NPRM) elsewhere
in this issue of the Federal Register to address the merits of the
adverse comments and to request additional comments concerning the need
to revoke or revise the RPP requirements.
III. Paperwork Reduction Act of 1995
Under regulations implementing the Paperwork Reduction Act of 1995,
``* * * an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.'' 5 CFR 1320.8(b)(iii)(6). RSPA
has reviewed the HM-169A final rule and the information collection
approval for radioactive materials transportation requirements. (OMB
control number 2137-0510 was issued in January 1995 in anticipation of
the final rule to be issued under Docket HM-169A. That approval expires
on January 31, 1998, unless renewed.) Based on that review, RSPA
concludes that the OMB approval is limited to information collection
requirements other than the RPP requirements contained in Subpart I of
Part 172.
In the NPRM, which RSPA is publishing concerning the need to
withdraw or revise the RPP requirements, RSPA is requesting comments
concerning the annual information collection burden attributable to
those requirements, and RSPA will seek OMB approval if the RPP
requirements are retained.
IV. 1997 Edition of 49 CFR Parts 100-185
Title 49 of the Code of Federal Regulations (CFR) was revised
effective October 1, 1997. Because of the lateness of this document,
Subpart I of Part 172 and Secs. 174.705, 175.706, 176.703 and 177.827,
do not appear in the 1997
[[Page 66899]]
edition of the CFR. RSPA is publishing the full text of the affected
regulations in this document, as follows.
List of Subjects
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Packaging and containers, Reporting and recordkeeping requirements.
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.
In consideration of the foregoing, the following provisions in 49
CFR parts 172, 174, 175, 176, and 177 are reinstated to read as
follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
1. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In Part 172, Subpart I is reinstated 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 controlled 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 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, not including TI calculated for criticality control purposes, 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 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. (1) 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
[[Page 66900]]
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.
PART 174--CARRIAGE BY RAIL
3. The authority citation for part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
4. Section 174.705 is reinstated to read as follows:
Sec. 174.705 Radiation protection program.
Unless otherwise excepted, a carrier shall not transport a Class 7
(radioactive) material by rail unless each of its occupationally
exposed hazmat employees is under a radiation protection program that
complies with the requirements of subpart I of part 172 of this
subchapter.
PART 175--CARRIAGE BY AIRCRAFT
5. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
6. Section 175.706 is reinstated to read as follows:
Sec. 175.706 Radiation protection program.
Unless otherwise excepted, a carrier shall not transport a Class 7
(radioactive) material by aircraft unless each of its occupationally
exposed hazmat employees is under a radiation protection program that
complies with the requirements of subpart I of part 172 of this
subchapter.
PART 176--CARRIAGE BY VESSEL
7. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
8. Section 176.703 is reinstated to read as follows:
Sec. 176.703 Radiation protection program.
Unless otherwise excepted, a carrier shall not transport a Class 7
(radioactive) material by vessel unless each of its occupationally
exposed hazmat employees is under a radiation protection program that
complies with the requirements of subpart I of part 172 of this
subchapter.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
9. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
10. Section 177.827 is reinstated to read as follows:
Sec. 177.827 Radiation protection program.
Unless otherwise excepted, a carrier shall not transport a Class 7
(radioactive) material by motor vehicle unless each of its
occupationally exposed hazmat employees is under a radiation protection
program that complies with the requirements of subpart I of part 172 of
this subchapter.
Issued in Washington, DC on December 12, 1997, under authority
delegated in 49 CFR Part 1.
Kelley S. Coyner,
Acting Administrator.
[FR Doc. 97-33031 Filed 12-19-97; 8:45 am]
BILLING CODE 4910-60-P