[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Proposed Rules]
[Pages 72633-72636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33580]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178, 179, 180
[Docket No. RSPA-99-6283 (HM-230)]
RIN 2137-AD39
Hazardous Materials Regulations; Compatibility With the
Regulations of the International Atomic Energy Agency
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: RSPA is considering issuing a notice of proposed rulemaking
(NPRM) proposing to amend requirements in the Hazardous Materials
Regulations (HMR) pertaining to the transportation of radioactive
materials based on recent 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, Requirements, No. ST-1'' (hereafter referred to as ST-1).
The purpose of this rulemaking initiative is to harmonize requirements
of the HMR with international standards for hazardous materials.
Comments are requested from interested persons concerning the scope of
the NPRM, i.e., extent to which differences between the HMR and the
IAEA publication ST-1 should be considered in proposing changes to the
HMR.
DATES: Submit comments by March 29, 2000. To the extent practicable, we
will consider comments received after this date.
ADDRESSES: Submit written comments to the Dockets Management System,
U.S. Department of Transportation, 400 Seventh Street, SW, Washington,
D.C. 20590-0001. Comments should refer to Docket Number RSPA-99-6283
and be submitted in two copies. If you wish to receive confirmation of
receipt of your written comments, include a self-addressed, stamped
postcard. Comments may also be submitted to the docket electronically
by logging onto the Dockets Management System website at http://
dms.dot.gov. Click on ``Help &
[[Page 72634]]
Information'' to obtain instructions for filing the comment
electronically. In every case, the comment should refer to the Docket
number ``RSPA-99-6283''.
The Dockets Management System is located on the Plaza level of the
Nassif Building at the Department of Transportation at the above
address. You can review public dockets there between the hours of 9:00
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. You
can also review comments on-line at the DOT Dockets Management System
web site
at ``http://dms.dot.gov/.''
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
In 1958, at the request of the Economic and Social Council of the
United Nations, the IAEA undertook the development of international
regulations for the safe transportation of radioactive materials. The
IAEA published its initial regulations in 1961, and recommended these
to member states as the basis for national regulations and for
application to international transportation. Most nations have since
adopted the IAEA regulations as a basis for national regulations
governing the transportation of radioactive materials.
In 1967, after extensive revisions, the IAEA published its
regulations entitled ``Regulations for the Safe Transport of
Radioactive Materials, Safety Series No. 6.'' In October 1968, DOT
published amendments for radioactive materials which were in
substantial conformance with the 1967 IAEA regulations (Docket HM-2, 33
FR 14918).
Based on work done by participants from member states, including
the U.S., the IAEA issued two subsequent major updates of Safety Series
No. 6, in 1973 and 1985. On March 10, 1983, RSPA published a final rule
(Docket HM-169, 48 FR 10218), bringing the HMR requirements relating to
the transportation of radioactive materials into alignment with the
1973 IAEA regulations. On September 28, 1995, RSPA published a final
rule (Docket HM-169A, 60 FR 50291) that revised the radioactive
materials requirements in the HMR to align them with the 1985 revision
of Safety Series No. 6. In each case, DOT coordinated these revisions
to the HMR with the Nuclear Regulatory Commission (NRC), which
concurrently revised 10 CFR 71, and in each case these revisions made
the United States radioactive material transport regulations compatible
with those of most other industrialized nations.
Following the major revisions of Safety Series No. 6 in 1973 and
1985, the IAEA published the most recent major revision in 1996; at
this time Safety Series No. 6 became ST-1. Copies of ST-1 may be
obtained from the U. S. distributor, Bernan Associates, 4611-F Assembly
Drive, Lanham, MD 20706-4391, telephone (301) 459-7666.
The ST-1 requirements listed in the following section are under
consideration for possible incorporation into the HMR. Concepts
described there which are not presently found in the HMR are: nuclide-
specific activity concentration and consignment activity thresholds,
the criticality safety index (CSI), the fissile label, compliance with
ISO Standard 7195 for uranium hexafluoride packages, the use of
Certificates of Competent Authority for international shipments of
these packages, the definition of contamination, Type C packages, and
low dispersible material. The remaining changes listed are
modifications of present concepts or practices.
As in past rulemakings to incorporate updates of the international
regulations into the HMR, RSPA will work in close coordination with the
NRC in developing this rulemaking.
II. Areas of Regulatory Concern
A partial list of ST-1 requirements under consideration for
incorporation in the HMR is given below. With the one exception
indicated in item 5 below, the listed items differ from both the
present requirements in Safety Series No. 6, 1985 Edition and in the
HMR. These ST-1 requirements have been grouped into the following seven
areas. Interested persons are invited to review and comment on these
areas, and to identify other related issues RSPA should address in any
further rulemaking under this docket. Sections, paragraphs and tables
cited below are from ST-1.
1. Scope
The scope of ST-1 is described in paragraphs 106 through 109 of
that document. For the most part, changes from Safety Series No. 6 are
minor; for example, the wording has been modified to indicate that the
regulations apply to the repair of packagings, as well as their design,
fabrication, and maintenance. Whereas previously the regulations were
said to apply to the preparation, consigning, handling, carriage,
storage in transit, and receipt of packages, the word ``handling'' has
been removed and the words ``loading'' and ``unloading'' added, and
these actions are now applied to ``loads of radioactive material and
packages.'' Three severity levels have been defined to aid in the
application of a graded approach to the performance standards: routine
(incident free), normal (minor mishaps), and accident conditions of
transport. Note that a certain subset of naturally occurring
radioactive materials is excluded from consideration (paragraph 107).
2. Nuclide-Specific Thresholds
ST-1 introduces nuclide-specific activity concentrations below
which materials are exempt from the transportation requirements for
radioactive materials. In addition, it lists nuclide-specific activity
values such that a consignment with an activity below that value is
also exempt from the transportation requirements for radioactive
materials. These nuclide-specific thresholds, and the A1 and
A2 values for maximum activity permitted in a Type A
package, are found in Tables I and II of Section IV, and related
information is given in paragraphs 401 through 406. Many A1
and A2 values have been adjusted to reflect more recent
dosimetric data; in general, the adjustments are not large.
3. Communication Changes
Proper shipping names and UN identification numbers are changed
(Table VIII). UN identification numbers are now required to be marked
on all packages, including excepted packages (paragraph 535).
Activities must be expressed in SI units (paragraphs 543 and 549). The
former criticality transport index (criticality TI) for fissile
material has been abolished, and replaced with the criticality safety
index (CSI) (paragraph 218); TI is now derived exclusively from the
maximum radiation dose rate at one meter from the package (paragraphs
243, 526, 527). For fissile material, a fissile label is introduced,
upon which the CSI must be displayed (Figure 5, paragraphs 544, 545).
4. Uranium Hexafluoride
There are specific performance and design requirements for packages
containing uranium hexafluoride (paragraphs 629-632), including
conformance with ISO Standard 7195, ``Packaging of Uranium Hexafluoride
(UF6) for Transport.'' Competent Authority package design
certificates are required for international shipments of uranium
hexafluoride (paragraph 828).
[[Page 72635]]
5. Low Specific Activity (LSA) materials and Surface Contaminated
Objects (SCO)
An additional category has been included under LSA-I (paragraph
226). The definition of contamination (paragraphs 214-216), while not
new, was not included in the 49 CFR 173.403 definitions when the
regulations in Safety Series No. 6, 1985 Edition were incorporated in
the HMR. In addition to the tanks and freight containers presently
authorized in the HMR, ST-1 also allows qualified tank containers and
metal intermediate bulk containers to serve as industrial packagings,
types 2 and 3 (IP-2 and IP-3; paragraphs 624-628).
6. Type B and Fissile Material Package Requirements
Upper limits have been set for the amount of activity which may be
transported by air in Type B(U) and B(M) packages (paragraph 416).
There is an enhanced water immersion test for Type B(U) and B(M)
packages containing activities greater than 105
A2 (paragraphs 657, 730). A definition of confinement system
for fissile material is introduced (paragraphs 209, 678). Changes have
been made in the conditions under which fissile materials may be
excepted from the requirements for fissile packages (paragraph 672).
7. Other Changes
A Type C package is introduced for transport by air of activities
larger than the upper limits for Type B(U) and B(M) packages
(paragraphs 230, 667-670, 730, 734-737). Fissile material packages to
be transported by air must be shown to remain subcritical under tests
for Type C packages (paragraph 680 (a)). The concept of low dispersible
material (LDM) is introduced as a new form of radioactive material
which may be carried in a Type B(U) or B(M) package (paragraphs 225,
605, 663, 712). LDM must be certified as such by the Competent
Authority (paragraphs 803, 804, 828, 830). Transitional requirements
for packagings and special form materials manufactured under earlier
revisions of Safety Series No. 6 are described in paragraphs 815-818.
III. Request for Comments
Interested persons are invited to review and comment on any or all
of the requirements in ST-1 which differ from current HMR requirements,
and to identify related issues RSPA should address in any further
rulemaking under this docket. Comments should focus on the potential
for improved safety, as well as the ease or difficulty, and the
advantages and disadvantages, of complying with requirements of ST-1
that may be incorporated into the HMR. For example, do any of the new
A1 or A2 values pose a problem? What effect would
the use of nuclide-specific threshold activity concentrations and
consignment activities have on safety and on your operations? How would
the proposed proper shipping name changes, or the requirement for
marking the UN identification number on all packages, affect what you
do? What would be the effect of the ST-1 uranium hexafluoride packaging
requirements? How important to safety is the ST-1 requirement to obtain
a Competent Authority certificate for international shipments of
uranium hexafluoride? Would safety be improved by incorporation of the
new LSA-I category, or the use of metal intermediate bulk containers as
IP-2 and IP-3 packagings? Would the activity limits on air transport of
Type B packages, or the introduction of Type C packages and low
dispersible material have a significant impact on safety, and what
would be the effect on your operations?
Comments supporting a position for or against the adoption of a
particular requirement should include a supporting justification for
the position taken.
There are a number of additional issues that we must address in
determining whether to adopt some or all of the provisions contained in
ST-1. These include the analyses required under the following statutes
and Executive Orders:
1. Executive Order 12866: Regulatory Planning and Review. Executive
Order 12866 requires agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.'' We therefore request
comments, including specific data if possible, concerning the costs and
benefits that may be associated with the provisions in ST-1, including
specific costs associated with adoption of any of the ST-1 provisions.
2. Executive Order 13132: Federalism. Federal hazardous materials
transportation law (49 U.S.C. 5101 et seq.) preempts many state and
local laws and regulations concerning hazardous materials
transportation that are not the same as the federal requirements.
Executive Order 13132 requires agencies to assure meaningful and timely
input by state and local officials in the development of regulatory
policies that may have a substantial, direct effect on the states, on
the relationship between the national government and the states, or on
the distribution of power and responsibilities among the various levels
of government. We invite comments on the effect that adoption of some
or all of the ST-1 provisions may have on state or local safety or
environmental protection programs.
3. Executive Order 13084: Consultation and Coordination with Indian
Tribal Governments. Executive Order 13084 requires agencies to assure
meaningful and timely input from Indian tribal government
representatives in the development of rules that ``significantly or
uniquely affect'' Indian communities and that impose ``substantial and
direct compliance costs'' on such communities. We invite Indian tribal
governments to provide comments as to the effect that adoption of some
or all of the proposals in ST-1 may have on Indian communities.
4. Regulatory Flexibility Act. Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), we must consider whether a proposed
rule would have a significant economic impact on a substantial number
of small entities. ``Small entities'' include small businesses, not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and governmental jurisdictions with
populations under 50,000. We invite comments as to the economic impact
that adoption of some or all of the provisions in ST-1 may have on
small businesses.
IV. ST-1 Resources
A copy of ST-1 may be reviewed in the RSPA Records Center between
the hours of 8:30 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Records Center is located in Room 8421 of the
Nassif Building, 400 Seventh Street, S.W., Washington, DC 20590-0001.
Review requests should refer to the Docket number ``RSPA-99-6283''. In
addition, copies of ST-1 may be obtained from the U. S. distributor,
Bernan Associates, 4611-F Assembly Drive, Lanham, MD 20706-4391,
telephone (301) 459-7666.
V. Regulatory Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rulemaking is not
considered significant under the Regulatory Policies and
[[Page 72636]]
Procedures of the Department of Transportation (44 FR 11034).
B. 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.
Issued in Washington, DC on December 22, 1999, under authority
delegated in 49 CFR Part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 99-33580 Filed 12-27-99; 8:45 am]
BILLING CODE 4910-60-P
