[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Page 1658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-336]




Withdrawal of Regulatory Guide 7.5

AGENCY: Nuclear Regulatory Commission.

ACTION: Withdrawal of Regulatory Guide 7.5, ``Administrative Guide for 
Obtaining Exemptions From Certain NRC Requirements Over Radioactive 
Material Shipments.''


FOR FURTHER INFORMATION CONTACT: Thomas J. Herrity, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-251-7447 or e-mail [email protected].


I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is withdrawing 
Regulatory Guide (RG) 7.5, ``Administrative Guide for Obtaining 
Exemptions From Certain NRC Requirements Over Radioactive Material 
    Prior to expansion of the Department of Transportation (DOT) 
regulations in 1998 to include hazardous material transported while in 
intrastate commerce, most intrastate shipments of NRC-licensed material 
were not subject to DOT regulations. Recognizing this, in 10 CFR 71.5, 
``Transportation of Licensed Material,'' the NRC imposed the same DOT 
requirements on these shipments (through 10 CFR 71.5(b)) that were 
already imposed on shipments in interstate commerce. Additionally, in 
10 CFR 71.5(b), NRC provided licensees a method to request a 
modification, waiver, or exemption from the DOT regulations imposed in 
Sec.  71.5(a). RG 7.5, originally published in May 1977, provided 
guidance on obtaining a modification, waiver, or exemption from the 
NRC-imposed DOT regulations via 10 CFR 71.5(b).
    The number of shipments currently not subject to DOT regulations is 
markedly lower than in 1997. Shipments of licensed material that would 
not be subject to DOT regulations are those shipments that are not in 
commerce, e.g., Federal, State, or local government radioactive 
material shipments transported by government employees in government 
vehicles. In the almost 11 years after the DOT final rule became 
effective on October 1, 1998, NRC has not approved any requests for 
exemption, waiver, or modification of DOT requirements under 10 CFR 

II. Further Information

    The withdrawal of RG 7.5 does not alter any prior or existing 
licensing commitments based on its use. The guidance provided in this 
RG is neither necessary nor current. RGs may be withdrawn when their 
guidance is superseded by congressional action or no longer provides 
useful information.
    Regulatory guides are available for inspection or downloading 
through the NRC's public Web site under ``Regulatory Guides'' in the 
NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/doc-collections. Regulatory guides are also available for inspection at the 
NRC's Public Document Room (PDR), Room O-1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, Maryland 20852-2738. You can reach the 
PDR staff by telephone at 301-415-4737 or 800-397-4209, by fax at 301-
415-3548, and by e-mail to [email protected].

    Dated at Rockville, Maryland, this 5th day of January 2010.

    For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch, Division of Engineering, 
Office of Nuclear Regulatory Research.
[FR Doc. 2010-336 Filed 1-11-10; 8:45 am]