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

[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).

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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

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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