[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9102-9103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03393]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No.: PHMSA-2022-0008; Notice No. 2022-03]


Hazardous Materials: Request for Comments on Issues Concerning 
International Atomic Energy Agency Regulations for the Safe Transport 
of Radioactive Materials

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

ACTION: Notice; request for comments.

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SUMMARY: PHMSA and the U.S. Nuclear Regulatory Commission are jointly 
seeking comments on issues concerning requirements in the International 
Atomic Energy Agency (IAEA) regulations for the safe transport of 
radioactive materials. The IAEA is considering revisions to their 
regulations as part of its periodic review cycle for a new edition.

DATES: Submit comments by March 4, 2022. Comments received after this 
date will be considered if it is practical to do so; however, we are 
only able to assure consideration for proposals received on or before 
this date.

ADDRESSES: You may submit comments identified by the docket number 
(PHMSA-2022-0008) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice at the beginning of the comment. Note 
that all comments received will be posted without change to the docket 
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov, or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or you 
may visit http://www.regulations.gov.
    Confidential Business Information (CBI): CBI is commercial or 
financial information that is both customarily and actually treated as 
private by its owner. Under the Freedom of Information Act (FOIA) (5 
U.S.C. 552), CBI is exempt from public disclosure. If your comments 
responsive to this notice contain commercial or financial information 
that is customarily treated as private, that you actually treat as 
private, and that is relevant or responsive to this notice, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission containing CBI as ``PROPIN.'' 
PHMSA will treat such marked submissions as confidential under the 
FOIA, and they will not be placed in the public docket of this notice. 
Submissions containing CBI should be sent to Rick Boyle, Sciences and 
Engineering Division, (202) 366-4545, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Boyle, Sciences and 
Engineering Division, (202) 366-4545, Pipeline and Hazardous Materials 
Safety Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    The International Atomic Energy Agency (IAEA) works with its Member 
States and multiple partners worldwide to promote safe, secure, and 
peaceful nuclear technologies. The IAEA established and maintains an 
international standard, Regulations for the Safe Transport of 
Radioactive Material (SSR-6 (Rev. 1)), to promote the safe and secure 
transportation of radioactive material. The IAEA periodically reviews 
and, as deemed appropriate, revises its regulations to reflect new 
information and

[[Page 9103]]

accumulated experience. The Department of Transportation (DOT) is the 
U.S. competent authority for radioactive material transportation 
matters. The U.S. Nuclear Regulatory Commission (NRC) provides 
technical support to DOT in this regard, particularly regarding Type B 
and other fissile transportation packages.
    The IAEA recently initiated a review cycle for its regulations. 
This is a first step in the review cycle for the IAEA transport 
regulations, but it does not constitute a decision to revise the 
transport regulations. To assure opportunity for public participation 
in the international regulatory development process, DOT and NRC are 
soliciting comments and information pertaining to issues with the IAEA 
regulations.
    The focus of this solicitation is to identify issues or concerns 
with SSR-6 (Rev. 1). SSR-6 (Rev. 1) can be found online at https://www-pub.iaea.org/MTCD/Publications/PDF/PUB1798_web.pdf.
    The IAEA requests that any proposal for a change in the transport 
regulations should demonstrate that the proposed change is:
     Required to ensure safety and to protect people, property, 
and the environment from harmful effects of ionizing radiation during 
the transport of radioactive material.
     Needed to define or redefine the level of protection of 
people, property, and the environment from harmful effects of ionizing 
radiation during the transport of radioactive material.
     Required for consistency within the Transport Regulations.
     Required as a result of advances in technology.
     Needed to improve implementation of the Transport 
Regulations.
    The IAEA also requests that a submission of an identified problem 
in the regulations for which new text is not proposed should also 
demonstrate a clear link to the criteria outlined above. Comments and 
proposed changes should reference the particular paragraphs of concern 
in SSR-6 (Rev. 1).
    This information, and any associated discussions, will assist DOT 
in examining the full range of views and alternatives as the agency 
develops proposals to be submitted to the IAEA for consideration. DOT 
has not yet fully harmonized its US regulations with the 2012 and 2018 
editions of SSR-6. DOT will follow its normal rulemaking procedures in 
any action to harmonize requirements for domestic and international 
transportation of radioactive materials. This call for input to the 
IAEA process is separate from any future or current domestic 
rulemakings.

II. Public Participation

    PHMSA and the NRC are jointly seeking comments on issues concerning 
requirements in SSR-6 (Rev. 1). The IAEA is considering revisions to 
the SSR-6 (Rev. 1) regulations as part of its periodic review cycle for 
a new edition. Proposals must be submitted in writing (electronic file 
in Microsoft Word format preferred).
    DOT and NRC will review the proposed issues and identified 
problems. Proposed issues and identified problems from all Member 
States and International Organizations will be initially considered at 
an IAEA Transport Safety Standards Committee (TRANSSC) Meeting to be 
convened by IAEA on June 20-24, 2022, in Vienna, Austria. The 
subsequent meeting of TRANSSC, to be held in November 2022, will 
determine whether the aggregate of the accepted proposed changes 
amounts to a change in requirements that is important in terms of 
safety. If this is the case, a revision of the transport regulations 
will be initiated by the IAEA. If there is no safety imperative, the 
issues agreed upon will be considered during the next review cycle 
scheduled to start in 2023.

    Issued in Washington, DC, on February 11, 2022.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2022-03393 Filed 2-16-22; 8:45 am]
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