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

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]

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