[Federal Register Volume 69, Number 176 (Monday, September 13, 2004)]
[Rules and Regulations]
[Pages 55113-55119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20549]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, and 173

[Docket No. RSPA-99-6283 (HM-230)]
RIN 2137-AD40


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

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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

SUMMARY: RSPA is correcting errors in its final rule in this docket, 
published in the Federal Register on January 26, 2004, that amended 
requirements in the Hazardous Materials Regulations (HMR) pertaining to 
the transportation of radioactive materials based on changes contained 
in the International Atomic Energy Agency (IAEA) publication, entitled 
``IAEA Safety Standards Series: Regulations for the Safe Transport of 
Radioactive Material,'' 1996 Edition, No. TS-R-1.

DATES: Effective Date: This final rule is effective on October 1, 2004.

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; Research and 
Special Programs Administration, U.S. Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 26, 2004, the Research and Special Programs 
Administration (RSPA, we) published a final rule under Docket HM-230 
(69 FR 3632) amending requirements in the HMR pertaining to the 
transportation of radioactive materials based on changes contained in 
the IAEA publication entitled ``IAEA Safety Standards Series: 
Regulations for the Safe Transport of Radioactive Material,'' 1996 
Edition, No. TS-R-1. Specifically, the final rule:
     Adopted the nuclide-specific exemption activity 
concentrations and the nuclide-specific exemption consignment 
activities listed in TS-R-1 to assure continued consistency between 
domestic and international regulations for the basic definition of 
radioactive material;
     Provided an exception in the HMR that certain naturally 
occurring radioactive materials would not be subject to the 
requirements of the HMR so long as their specific activities do not 
exceed 10 times the activity concentration exemption values;
     Incorporated the TS-R-1 changes in the A1 and 
A2 values into the HMR;
     Adopted the new proper shipping names and UN 
identification numbers, except for those referring to Type C packages, 
for fissile LSA material and for fissile SCOs;
     Required, if customary units are used, that the 
appropriate quantity and customary units be placed within parentheses 
positioned after the original quantity expressed in the International 
System of Units (SI units);
     Adopted the use of the Criticality Safety Index (CSI) to 
refer to what was formerly the criticality control transport index, and 
to restrict the use of the concept of transport index (TI) to a number 
derived purely from the maximum radiation level at one meter from the 
package;
     Required that the new fissile label be placed on each 
fissile material package, and that the CSI for that package be noted on 
the fissile label;
     Adopted the requirement that excepted packages must be 
marked with the UN identification number, that industrial packagings be 
marked with the package type, and that Type IP-2 and IP-3 industrial 
packages and Type A packages be marked with the international vehicle 
registration code of the country of origin of packaging design;
     Removed former requirements which became redundant upon 
adoption of the new proper shipping names, such as the requirement that 
the shipping description contain the words ``Radioactive Material'' 
unless those words are included in the proper shipping name;
     Removed plutonium-238 from the definition of fissile 
material. Removed the reference to Pu-238 in the list of fissile 
radionuclides for which the weight in grams or kilograms may be listed 
instead of or in addition to the activity, in the shipping paper or 
radioactive label description of the radioactive contents of a package;
     Adopted a definition of contamination, and included an 
authority to transport unpackaged LSA material and SCO, and an 
authority to use qualified tank containers, freight containers and 
metal intermediate bulk containers as industrial packagings, types 2 
and 3 (IP-2 and IP-3);
     Adopted a new class of LSA-I material, consisting of 
radioactive material in which the activity is distributed throughout 
and the estimated average specific activity does not exceed 30 times 
the activity concentration exemption level, and removed the present 
category referring to mill tailings, contaminated earth, concrete, 
rubble, other debris, and activated material that is essentially 
uniformly distributed, with specific activity not exceeding 
10-\6\ A2/g.
     Incorporated the TS-R-1 changes for packagings containing 
more than 0.1 kg of uranium hexafluoride (UF6);
     Required UF6 packagings to meet the pressure, 
drop and thermal test requirements, prohibited the use of pressure 
relief devices, and require that packagings be certified in accordance 
with TS-R-1 requirements;
     Removed the definition of ``fissile material controlled 
shipment;'' revised Sec.  173.453 to reflect the NRC ``fissile material 
exemption provisions,'' and revised Sec. Sec.  173.457 and 173.459 to 
remove the references to ``fissile material, controlled shipment'' and 
to base requirements for non-exclusive use and exclusive use shipments 
of fissile material packages on TS-R-1 package and conveyance CSI 
limits;
     Accepted the IAEA transitional requirements and begin the 
phase-out of packages satisfying the 1967 IAEA requirements, including 
DOT specification packages;
     Prohibited the manufacture of all Type B specification 
packages conforming to Safety Series No. 6 (1967) as of the effective 
date of this rule; the use of these packages would be allowed for four 
years after the effective date of this rule; and
     Added a requirement that the active material in an 
instrument or article intended to be transported in an excepted package 
be completely enclosed by the non-active components.
    This document corrects editorial and technical errors which have 
come to our attention following publication of the rule.

II. Section-by-Section Review

Part 171

Section 171.7

    In paragraph (a)(3), in the ``Table of material incorporated by 
reference,'' we are correcting the table heading to read ``49 CFR 
reference.''

[[Page 55114]]

Section 171.11

    In the January 26, 2004 final rule, the shipping paper requirements 
for highway route controlled quantities of radioactive material were 
moved from Sec.  172.203(d)(4) to Sec.  172.203(d)(10); however, the 
reference in Sec.  171.11(d)(6)(i) was not changed. Therefore, we are 
correcting Sec.  171.11(d)(6)(i) by replacing the reference to Sec.  
172.203(d)(4)'' with ``Sec.  172.203(d)(10).'' Additionally, we are 
correcting Sec.  171.11(d)(6)(iv) to remove the reference to Sec.  
173.428, because this was not intended nor proposed in the notice of 
proposed rulemaking (NPRM).

Part 172

Section 172.101 Hazardous Materials Table (HMT).

    The HMT is corrected as follows:

--For the entry ``Radioactive material, excepted package-instruments or 
articles'' the applicable packaging authorizations are added to column 
8C of the HMT.
--The entry ``Radioactive material, surface contaminated objects (SCO-I 
or SCO-II) non fissile or fissile-excepted'' is corrected to italicize 
the words ``non fissile or fissile-excepted.''
--For the entry ``Radioactive material, transported under special 
arrangement, fissile'' in column 4 of the HMT, ``UN331'' is corrected 
to read ``UN3331.''
--The entry ``Radioactive material, Type A package, fissile non-
specdial form'' is corrected to read ``Radioactive material, Type A 
package, fissile non-special form.''

Section 172.203

    In paragraphs (d)(1) and (d)(5), a typographical error is 
corrected.

Section 172.403

    An incorrect section reference is corrected in paragraph (g)(1) and 
paragraph (h)(4) is corrected to indicate that the category of Class 7 
label for an overpack is to be determined from the table in Sec.  
172.403(c) using the transport index (TI) derived according to Sec.  
172.403(h)(3).

Part 173

Section 173.403

    In Sec.  173.403, in the definitions for ``Low Specific Activity 
(LSA) material'' and ``Radiation level,'' several typographical errors 
are corrected.

Section 173.411

    Section 173.411 is corrected to add language authorizing the use of 
certain tank containers, freight containers, and metal intermediate 
bulk containers as IP-2 or IP-3 containers. Although proposed in the 
NPRM, this language was inadvertently omitted in the final rule.

Section 173.415

    Paragraph (d) is corrected to clarify that any foreign-manufactured 
Type A package meeting the standards in the ``IAEA Regulations for the 
Safe Transport of Radioactive Material No. TS-R-1,'' and bearing the 
marking ``Type A,'' may be used for domestic and export shipments of 
Class 7 (radioactive) materials provided the offeror obtains and 
maintains the applicable test, documentation and engineering 
evaluations.

Section 173.417

    In paragraph (a)(2), typographical errors are corrected in ``Table 
2--Allowable Content of Uranium Hexafluoride (UF6 ``Heels'' 
in a Specification 7A Cylinder).''

Section 173.420

    Paragraph (a)(2)(ii) is corrected by inserting the word ``or'' 
immediately after the semi-colon.

Section 173.427

    Section 173.427 is corrected as follows:

--In paragraph (a), a duplicative phrase ``, unless excepted by 
paragraph (d) of this section,'' is removed.
--In paragraph (b)(3), a reference to ``Type B'' is removed.
--Paragraph (b)(4) is corrected to specify that for domestic 
transportation, an exclusive use shipment of LSA material and SCO may 
not exceed an A2 quantity when in a packaging which meets 
the requirements of Sec. Sec.  173.24, 173.24a, and 173.410. This 
language was omitted in the final rule.
--In paragraph (e), Table 6 is reformatted to dispel the appearance 
that the SCO entries are a subset of LSA-III.

Section 173.433

    In paragraph (d)(6), the left side of the equation is corrected to 
read ``Exempt activity concentration limit for mixture.''

Section 173.435

    In the ``Table of A1 and A2 values for 
radionuclides'', several typographical errors are corrected. In 
addition, in the January 26, 2004 final rule, the Curie values in the 
A1/A2 table were rounded to two significant 
figures. As a result, the Curie values, when converted back to 
Terabequerels, are sometimes higher and sometimes lower than the 
original values, by as much as 3.6%. Since, some individuals are 
inputting the Curie values into their computer programs, and this would 
result in some A1 and A2 values being higher than 
the authorized amounts a footnote ``b'' is added to the A1/
A2 table to clarify that the Curie values are for 
information only and the Terabecquerel values are the regulatory 
standard. The Curie values in the A1/A2 table 
will be corrected in a future rulemaking.

Section 173.443

    In paragraph (a), we are correcting an incorrect reference to 
``Table 11'' to read ``Table 9''.

III. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant action under section 3(f) of 
Executive Order 12866 and was not reviewed by the Office of Management 
and Budget. This final rule is not a significant action under the 
Regulatory Policies and Procedures of the Department of Transportation. 
The revisions adopted in this final rule do not alter the cost-benefit 
analysis and conclusions contained in the Regulatory Evaluation 
prepared for the January 26, 2004 final rule. The regulatory Evaluation 
is available for review in the public docket for this rulemaking.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts State, local and Indian tribe requirements, but 
does not propose any regulation that has direct effects on the States, 
the relationship between the national government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the consultation and funding requirements of 
Executive Order 13132 do not apply.
    The Federal hazardous material transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on certain covered 
subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;

[[Page 55115]]

    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacturing, fabricating, marking, maintenance, 
reconditioning, repairing, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses the classification, packaging, marking, 
labeling, and handling of hazardous material, among other covered 
subjects and preempts any State, local, or Indian tribe requirements 
not meeting the ``substantively the same'' standard. This rule is 
necessary to incorporate changes already adopted in international 
standards. If the amendments adopted in this final rule were not made, 
U.S. companies, including numerous small entities competing in foreign 
markets, will be at an economic disadvantage. These companies would be 
forced to comply with a dual system of regulation. The amendments are 
intended to avoid this result.
    Federal hazardous materials transportation law provides at 49 
U.S.C. 5125(b)(2) that, if the Secretary of Transportation issues a 
regulation concerning any of the covered subjects, the Secretary must 
determine and publish in the Federal Register the effective date of 
Federal preemption. The effective date may not be earlier than the 90th 
day following the date of issuance of the final rule and not later than 
two years after the date of issuance. The effective date of our January 
26, 2004 final rule, including the effective date of Federal preemption 
is October 1, 2004. Because this final rule makes editorial 
corrections, the effective date of Federal preemption of this final 
rule is also October 1, 2004.

C. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply and a tribal summary impact statement is not 
required.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Polices

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
The corrections contained in this final rule will have little or no 
effect on the regulated industry. Based on the assessment in the 
regulatory evaluation, to the January 26, 2004 final rule, I hereby 
certify that, while this rule applies to a substantial number of small 
entities, there will not be a significant economic impact on those 
small entities. A detailed Regulatory Flexibility analysis is available 
for review in the docket.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

E. Paperwork Reduction Act

    This final rule imposes no new information collection requirements.

F. 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.

G. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$120.7 million or more to either State, local, or tribal governments, 
in the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objectives of the rule.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. The Nuclear Regulatory Commission (NRC) prepared an 
environmental assessment (EA) of Major Revision to Packaging and 
Transportation of Radioactive Material Regulations'', Final Report, 
March 2002, on its proposed rule which addresses issues also raised in 
this rulemaking. On the basis of this EA, we find that there are no 
significant environmental impacts associated with this final rule. A 
copy of the environmental assessment prepared by the NRC is available 
for review in the docket.

I. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packagings and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

0
In consideration of the foregoing, we are making the following 
corrections to FR Doc. 04-67, appearing on page 3632 in the Federal 
Register of Monday, January 26, 2004:

PART 171--[CORRECTED]

0
1. On page 3665, in Sec.  171.7, in paragraph (a)(2), in the Table of 
material incorporated by reference, correct the table heading entry ``9 
CFR reference'' to read ``49 CFR reference''.

0
2. On page 3665, in Sec.  171.11, correct paragraph (d)(6) to read as 
follows:


Sec.  171.11  Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (6) For radioactive materials:
    (i) Shipping papers for highway route controlled quantity 
radioactive

[[Page 55116]]

materials shipments must meet the requirements of Sec.  173.203(d)(10) 
of this subchapter.
    (ii) Competent authority certification and any necessary 
revalidation for Type B, Type B(U), Type B(M), and fissile materials 
packages must be obtained from the appropriate authorities as specified 
in Sec. Sec.  173.471, 173.472 and 173.473 of this subchapter, and all 
requirements of the certificates and revalidations must be met.
    (iii) Except for limited quantities of Class 7 (radioactive) 
material, the provisions of Sec. Sec.  172.204(c)(4), 173.448(e), (f) 
and (g)(3) of this subchapter apply.
    (iv) Excepted packages of radioactive material, instruments or 
articles, or articles containing natural uranium or thorium, must meet 
the provisions of Sec.  173.421, 173.424, or 173.426 of this 
subchapter, as appropriate.
    (v) Type A package contents shall be limited in accordance with 
Sec.  173.431 of this subchapter.
    (vi) The definition for ``radioactive material'' in Sec.  173.403 
of this subchapter applies to radioactive materials transported under 
the provisions of this section.
* * * * *

PART 172--[CORRECTED]

0
3. On page 3666, in the Hazardous Materials Table, correct the 
following entries to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
0
a. For the entry Radioactive material, excepted package--instruments or 
articles'', the entries ``422, 424'' are added in column 8C.
0
b. The entry ``Radioactive material, surface contaminated objects (SCO-
I or SCO-II) non fissile or fissile-excepted'' in column 2 is removed, 
and the entry ``Radioactive material, surface contaminated objects 
(SCO-I or SCO-II) non fissile or fissile-excepted'' is added in its 
place.
0
c. For the entry ``Radioactive material, transported under special 
arrangement, fissile'' in column 4, the entry ``UN331'' is corrected to 
read ``UN3331''.
0
d. The entry ``Radioactive material, Type A package, fissile non-
specdial form'' in column 2 is removed, and the entry ``Radioactive 
material, Type A package, fissile non-special form'' is added in its 
place.

0
4. On page 3668, in the first column, correct paragraphs (d)(1) and 
(d)(5) of Sec.  172.203 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 radionulides that must be shown must be 
determined in accordance with Sec.  173.433(g) of this subchapter. 
Abbreviations, e.g., ``\99\Mo,'' are authorized.
* * * * *
    (5) The transport index assigned to each package in the shipment 
bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III labels.
* * * * *

0
5. On page 3669, in the second and third columns, correct paragraphs 
(g)(1) and (h)(4) of Sec.  172.403 to read as follows:


Sec.  172.403  Class 7 (radioactive) materials.

* * * * *
    (g) * * *
    (1) Contents. Except for LSA-1 material, the names 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(g) of this subchapter. For 
LSA-I material, the term ``LSA-I'' may be used in place of the names of 
the radionuclides.
* * * * *
    (h) * * *
    (4) The category of Class 7 label for the overpack must be 
determined from the table in Sec.  172.403(c) using the TI derived 
according to paragraph (h)(3) of this section, and the maximum 
radiation level on the surface of the overpack.
* * * * *

PART 173--[CORRECTED]

0
6. On pages 3671 and 3672, in Sec.  173.403, correct the definitions 
for ``Low Specific Activity (LSA) material'' and ``Radiation level'' to 
read as follows:


Sec.  173.403  Definitions.

* * * * *
    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 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) Uranium and thorium ores, concentrates of uranium and thorium 
ores, and other ores containing naturally occurring radionuclides which 
are intended to be processed for the use of these radionuclides; or
    (ii) Solid unirradiated natural uranium or depleted uranium or 
natural thorium or their solid or liquid compounds or mixtures; or
    (iii) Radioactive material other than fissile material, for which 
A2 value is unlimited; or
    (iv) Other radioactive material, excluding fissile material in 
quantities not excepted under Sec.  173.453, in which the activity is 
distributed throughout and the estimated average specific activity does 
not exceed 30 times the values for activity concentration specified in 
Sec.  173.436, or 30 times the default values listed in Table 8 of 
Sec.  173.433.
    (2) LSA-II:
    (i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L); 
or
    (ii) Other radioactive material in which the activity is 
distributed throughout and the average specific activity does not 
exceed 10-4 A2/g for solids and gases, and 
10-5 A2/g for liquids.
    (3) LSA-III. Solids (e.g., consolidated wastes, activated 
materials), excluding powders, that meet the requirements of Sec.  
173.468 and in which:
    (i) The radioactive material is distributed in a solid compact 
binding agent (such as concrete, bitumen, ceramic, etc.):
    (ii) The radioactive material is a relatively insoluble material, 
so that, even under loss of packaging, the loss of Class 7 
(radioactive) material per package by leaching when placed in water for 
seven days would not exceed 0.1 A2; and
    (iii) The estimated average specific activity of the solid, 
excluding any shielding material, does not exceed 2 x 10-3 
A2/g.
* * * * *
    Radiation level means the radiation dose-equivalent rate expressed 
in millisieverts per hour or mSv/h (millirems per hour or mrem/h). 
Neutron flux densities may be converted into radiation levels according 
to Table 1:

[[Page 55117]]



    Table 1.--Neutron Fluence Rates to be Regarded as Equivalent to a
               Radiation Level of 0.01 mSv/h (1mrem/h) \1\
------------------------------------------------------------------------
                                                          Flux density
                                                         equivalent to
                                                         0.01 mSv/h (1
                                                        mrem/h) neutrons
                  Energy of neutron                        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.

* * * * *

0
7. On page 3673, in the second column, in Sec.  173.411, paragraph (b) 
is corrected to read as follows:


Sec.  173.411  Industrial packagings.

* * * * *
    (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 loss of shielding integrity which result in more than a 20% 
increase in the radiation level at any external surface of the package.
    (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 (j).
    (4) Tank containers may be used as Industrial package Types 2 or 3 
(Type IP-2 or Type IP-3) provided that:
    (i) They satisfy the requirements for Type IP-1 specified in 
paragraph (b)(1);
    (ii) They are designed to conform to the standards prescribed in 
Chapter 6.7, of the United Nations Recommendations on the Transport of 
Dangerous Goods, (IBR, see Sec.  171.7 of this subchapter), 
``Requirements for the Design, Construction, Inspection and Testing of 
Portable Tanks and Multiple-Element Gas Containers (MEGCs),'' or other 
requirements at least equivalent to those standards;
    (iii) They are capable of withstanding a test pressure of 265 kPa 
(37.1 psig); and
    (iv) They are designed so that any additional shielding which is 
provided shall be capable of withstanding the static and dynamic 
stresses resulting from handling and routine conditions of transport 
and of preventing a loss of shielding integrity which would result in 
more than a 20% increase in the radiation level at any external surface 
of the tank containers.
    (5) Tanks, other than tank containers, including DOT Specification 
IM 101 or IM 102 steel portable tanks (Sec. Sec.  178.270, 178.271, 
178.272 of this subchapter), may be used as Industrial package Types 2 
or 3 (Type IP-2) or (Type IP-3) for transporting LSA-I and LSA-II 
liquids and gases as prescribed in Table 6, provided that they conform 
to standards at least equivalent to those prescribed in paragraph 
(b)(4).
    (6) Freight containers may be used as Industrial packages Types 2 
or 3 (Type IP-2) or (Type IP-3) provided that:
    (i) The radioactive contents are restricted to solid materials;
    (ii) They satisfy the requirements for Type IP-1 specified in 
paragraph (b)(1); and
    (iii) They are designed to conform to the standards prescribed in 
the International Organization for Standardization document ISO 1496-1: 
``Series 1 Freight Containers--Specifications and Testing--Part 1: 
General Cargo Containers; excluding dimensions and ratings (IBR, see 
Sec.  171.7 of this subchapter). They shall be designed such that if 
subjected to the tests prescribed in that document and the 
accelerations occurring during routine conditions of transport they 
would prevent:
    (A) Loss or dispersal of the radioactive contents; and
    (B) Loss of shielding integrity which would result in more than a 
20% increase in the radiation level at any external surface of the 
freight containers.
    (7) Metal intermediate bulk containers may also be used as 
Industrial package Type 2 or 3 (Type IP-2 or Type IP-3), provided that:
    (i) They satisfy the requirements for Type IP-1 specified in 
paragraph (b)(1); and
    (ii) They are designed to conform to the standards prescribed in 
Chapter 6.5 of the United Nations Recommendations on the Transport of 
Dangerous Goods, (IBR, see Sec.  171.7 of this subchapter), 
``Requirements for the Construction and Testing of Intermediate Bulk 
Containers,'' for Packing Group I or II, and if they were subjected to 
the tests prescribed in that document, but with the drop test conducted 
in the most damaging orientation, they would prevent:
    (A) Loss or dispersal of the radioactive contents; and
    (B) Loss of shielding integrity which would result in more than a 
20% increase in the radiation level at any external surface of the 
intermediate bulk containers.
* * * * *

0
8. On page 3673, in the third column, correct paragraph (d) of Sec.  
173.415 to read as follows:


Sec.  173.415  Authorized Type A packages.

* * * * *
    (d) Any foreign-made packaging that meets the standards in ``IAEA 
Regulations for the Safe Transport of Radioactive Material No. TS-R-1'' 
(IBR, see Sec.  171.7 of this subchapter) and bears the marking ``Type 
A''. Such packagings may be 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

[[Page 55118]]

with requirements of the country of origin (as indicated by the 
packaging marking) and the IAEA regulations applicable to Type A 
packagings.

0
9. On page 3674, correct paragraph (a)(2) introductory text of Sec.  
173.417 to read as follows:


Sec.  173.417  Authorized fissile materials packages.

    (a) * * *
    (2) A residual ``heel'' of enriched solid uranium hexafluoride may 
be transported without a protective overpack in any metal cylinder that 
meets both the requirements of Sec.  173.415 and Sec.  178.350 of this 
subchapter for Specification 7A Type A packaging, and the requirements 
of Sec.  173.420 for packagings containing greater than 0.1 kg of 
uranium hexafluoride. Any such shipment must be made in accordance with 
Table 2, as follows:
* * * * *

        Table 2.--Allowable Content of Uranium Hexafluoride (UF6 ``Heel'' in a Specification 7A Cylinder)
----------------------------------------------------------------------------------------------------------------
    Maximum cylinder            Cylinder volume          Maximum         Maximum ``Heel'' weight per cylinder
        diameter         ----------------------------  Uranium 235- --------------------------------------------
-------------------------                               enrichment            UF6                Uranium-235
                             Liters      Cubic feet      (weight)   --------------------------------------------
 Centimeters    Inches                                   percent         kg          lb         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

* * * * *

0
10. On page 3675, in the first column, correct paragraph (a)(2)(ii) of 
Sec.  173.420 to read as follows:


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

    (a) * * *
    (2) * * *
    (ii) Specifications for Class DOT-106A multi-unit tank car tanks 
(see Sec. Sec.  179.300 and 179.301 of this subchapter); or
* * * * *
0
11. On pages 3676 and 3677, correct paragraphs (a), (b)(3), (b)(4) and 
(e) to read as follows:


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, LSA materials and SCO, unless excepted by paragraph (c) or 
(d) of this section, must be packaged in accordance with paragraph (b) 
of this section and must be transported in accordance with the 
following conditions:
* * * * *
    (b) * * *
    (3) In any Type B(U) or B(M) packaging authorized pursuant to Sec.  
173.416;
    (4) In a packaging which meets the requirements of Sec. Sec.  
173.24, 173.24a, and 173.410, but only for domestic transportation of 
an exclusive use shipment that does not exceed an A2 
quantity.
* * * * *
    (e) Tables 5 and 6 are as follows:

      Table 5.--Conveyance Activity Limits for LSA Material and SCO
------------------------------------------------------------------------
           Nature of material             Activity limit for conveyances
------------------------------------------------------------------------
1. LSA-I...............................  No limit.
2. LSA-II and LSA-III; Non-combustible   No limit.
 solids.
3. LSA-II and LSA-III; Combustible       100 A2
 solids and all liquids and gases.
4. SCO.................................  100 A2
------------------------------------------------------------------------


Table 6.--Industrial Package Integrity Requirements for LSA Material and
                                   SCO
------------------------------------------------------------------------
                                         Industrial packaging type
                                 ---------------------------------------
            Contents                 Exclusive use     Non exclusive use
                                       shipment            shipment
------------------------------------------------------------------------
1. LSA-I:
    Solid.......................  IP-1..............  IP-1
    Liquid......................  IP-1..............  IP-2
2. LSA-II:
    Solid.......................  IP-2..............  IP-2
    Liquid and gas..............  IP-2..............  IP-3
3. LSA-III......................  IP-2..............  IP-3
4. SCO-I........................  IP-1..............  IP-1
5. SCO-II.......................  IP-2..............  IP-2
------------------------------------------------------------------------


[[Page 55119]]


0
12. On page 3678, correct paragraph (d)(6) of Sec.  173.433 to read as 
follows:


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

* * * * *
    (d) * * *
    (6) The exempt activity concentration for mixtures of nuclides may 
be determined as follows:
[GRAPHIC] [TIFF OMITTED] TR13SE04.013


Where:
f(i) is the fraction of activity concentration of nuclide i in the 
mixture; and [A](i) is the activity concentration for exempt material 
containing nuclide i.
* * * * *

0
13. In Sec.  173.435, the Table of A1 and A2 
values is corrected by adding a footnote ``b'' to the table headings of 
columns 4 and 6 and correcting pages 3679, 3680 and 3683, in the Table 
of A1 and A2 values for radionuclides to read as 
follows:


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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                    Specific activity
           Symbol of radionuclide              Element and atomic number      A1 (TBq)    A1 (Ci) b     A2 (TBq)    A2 (Ci) b  -------------------------
                                                                                                                                  (Tbq/g)       (Ci/g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Bi-205.....................................  Bismuth (83).................    7.0 x 10-  1.9 x 10\1\    7.0 x 10-  1.9 x 10\1\  1.5 x 10\3\  4.2 x 10\4\
                                                                                    \1\                       \1\
 
                                                                      * * * * * * *
Cm-248.....................................  .............................    2.0 x 10-    5.4 x 10-    3.0 x 10-    8.1 x 10-    1.6 x 10-    4.2 x 10-
                                                                                    \2\          \1\          \4\          \3\          \4\          \3\
 
                                                                      * * * * * * *
Eu-150 (long lived)........................  .............................    7.0 x 10-  1.9 x 10\1\    7.0 x 10-  1.9 x 10\1\  6.1 x 10\4\  1.6 x 10\6\
                                                                                    \1\                       \1\
 
                                                                      * * * * * * *
Te-132 (a).................................  .............................    5.0 x 10-  1.4 x 10\1\    4.0 x 10-  1.1 x 10\1\  1.1 x 10\4\  3.0 x 10\5\
                                                                                    \1\                       \1\
 
                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
b The values of A1 and A2 in curies (Ci) are approximate and for information only; the regulatory standard units are Terabecquerels (TBq), (see Sec.
  171.10).

* * * * *

0
14. On page 3691, in the first column, in Sec.  173.443, paragraph (a) 
introductory text is corrected to read as follows:


Sec.  173.443  Contamination control.

    (a) The level of non-fixed (removable) radioactive contamination on 
the external surfaces of each package offered for transport must be 
kept as low as reasonable achievable. The level of non-fixed 
radioactive contamination may not exceed the limits set forth in Table 
9 and must be determined by either:
* * * * *

    Issued in Washington, DC, on September 1, 2004, under authority 
Delegated in 49 CFR Part 1.
Samuel G. Bonasso,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 04-20549 Filed 9-10-04; 8:45 am]
BILLING CODE 4910-60-P