[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Rules and Regulations]
[Pages 58038-58039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21763]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 71

RIN 3150-AG71


Compatibility With IAEA Transportation Safety Standards (TS-R-1) 
and Other Transportation Safety Amendments; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule: Correction.

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SUMMARY: This document corrects a final rule appearing in the Federal 
Register on January 26, 2004 (69 FR 3698) amending the regulations 
governing the packaging and transportation of radioactive materials. 
This action is necessary to add unintentionally omitted text and to 
correct editorial errors, references, and numerical values as printed 
in the final rule.

EFFECTIVE DATE: October 1, 2004. The effective date for Sec. Sec.  
71.19(a) and 71.20 ends on October 1, 2008.

FOR FURTHER INFORMATION CONTACT: Mary Adams, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone (301) 415-7249, e-mail <a href="/cdn-cgi/l/email-protection#e38e9782a38d9180cd848c95"><span class="__cf_email__" data-cfemail="3f524b5e7f514d5c11585049">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This action adds unintentionally omitted 
text and corrects editorial errors, references, and numerical values as 
printed in the final rule amending part 71 (January 26, 2004; 69 FR 
3698). Because of the numerous corrections in Sec.  71.5(a), the 
complete text of Sec.  71.5(a) is being reprinted for the convenience 
of interested members of the public.

PART 71--[Corrected]

    1. On page 3787, first column, in Sec.  71.1 paragraph (a) is 
corrected to read as follows:


Sec.  71.1  Communications and records.

    (a) Except where otherwise specified, all communications and 
reports concerning the regulations in this part and applications filed 
under them should be sent by mail addressed: ATTN: Document Control 
Desk, Director, Spent Fuel Project Office, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, by hand delivery to the NRC's offices at 11555 Rockville 
Pike, Rockville, Maryland; or, where practicable, by electronic 
submission, for example, via Electronic Information Exchange, or CD-
ROM. Electronic submissions must be made in a manner that enables the 
NRC to receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a time. 
Detailed guidance on making electronic submissions can be obtained by 
visiting the NRC's Web site at http://www.nrc.gov/site-help/eie.html, 
by calling (301) 415-6030, by e-mail to <a href="/cdn-cgi/l/email-protection#bbfef2fefbd5c9d895dcd4cd"><span class="__cf_email__" data-cfemail="70353935301e02135e171f06">[email protected]</span></a>, or by writing the 
Office of the Chief Information Officer, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. The guidance discusses, among 
other topics, the formats the NRC can accept, the use of electronic 
signatures, and the treatment of nonpublic information. If the 
submission date falls on a Saturday, Sunday, or a Federal holiday, the 
next Federal working day becomes the official due date.
* * * * *


Sec.  71.4  [Corrected]

    2. On page 3789, in Sec.  71.4, the definition for Surface 
Contaminated Object (SCO), in the first column, in paragraph (1)(ii), 
fourth line, ``4 x 10<SUP>-4</SUP>'' is corrected to read ``4 x 
10\4\''; in the second column, in paragraph (1)(iii), eighth line, ``4 
x 103'' is corrected to read ``4 x 10\3\''; in paragraph (2)(i), fourth 
line, ``300\2\'' is corrected to read ``300 cm\2\''; and in paragraph 
(2)(iii), fifth line, ``300\2\'' is corrected to read ``300 cm\2\''.

    3. On page 3789, third column, in Sec.  71.5 paragraph (a) is 
corrected to read as follows:


Sec.  71.5  Transportation of licensed material.

    (a) Each licensee who transports licensed material outside the site 
of usage, as specified in the NRC license, or where transport is on 
public highways, or who delivers licensed material to a carrier for 
transport, shall comply with the applicable requirements of the DOT 
regulations in 49 CFR parts 107, 171 through 180, and 390 through 397, 
appropriate to the mode of transport.
    (1) The licensee shall particularly note DOT regulations in the 
following areas:
    (i) Packaging--49 CFR part 173: subparts A, B, and I.
    (ii) Marking and labeling--49 CFR part 172: subpart D; and 
Sec. Sec.  172.400 through 172.407 and Sec. Sec.  172.436 through 
172.441 of subpart E.
    (iii) Placarding--49 CFR part 172: subpart F, especially Sec. Sec.  
172.500 through 172.519 and 172.556; and appendices B and C.
    (iv) Accident reporting--49 CFR part 171: Sec. Sec.  171.15 and 
171.16.
    (v) Shipping papers and emergency information--49 CFR part 172: 
subparts C and G.
    (vi) Hazardous material employee training--49 CFR part 172: subpart 
H.
    (vii) Security plans--49 CFR part 172: subpart I.
    (viii) Hazardous material shipper/carrier registration--49 CFR part 
107: subpart G.
    (2) The licensee shall also note DOT regulations pertaining to the 
following modes of transportation:
    (i) Rail--49 CFR part 174: subparts A through D and K.
    (ii) Air--49 CFR part 175.
    (iii) Vessel--49 CFR part 176: subparts A through F and M.
    (iv) Public Highway--49 CFR part 177 and parts 390 through 397.
* * * * *

    4. In Sec.  71.22, on page 3793, paragraph (c)(1) and the heading 
of Table 71-1 and on page 3794 the heading of Table 71-2 are corrected 
to read as follows:


Sec.  71.22  General license: Fissile material.

* * * * *
    (c) * * *
    (1) Contain no more than a Type A quantity of radioactive material; 
and
* * * * *
    Table 71-1.--Mass Limits for General License Packages Containing 
Mixed Quantities of Fissile Material or Uranium-235 of Unknown 
Enrichment per Sec.  71.22(e)
* * * * *
    Table 71-2.--Mass Limits for General License Packages Containing 
Uranium-235 of Known Enrichment per Sec.  71.22(e)
* * * * *

    5. On page 3794, third column, in Sec.  71.23, paragraph (c)(1) is 
corrected to read as follows:


Sec.  71.23  General license: Plutonium-beryllium special form 
material.

* * * * *
    (c) * * *

[[Page 58039]]

    (1) Contain no more than a Type A quantity of radioactive material; 
and
* * * * *


Sec.  71.41  [Corrected]

    6. On page 3794, first column, in Sec.  71.41, paragraph (a), 
seventh line, ``105'' is corrected to read ``10\5\.''


Sec.  71.51  [Corrected]

    7. On page 3794, third column, in Sec.  71.51, paragraph (d), third 
line, ``105'' is corrected to read ``10\5\.''

    8. On page 3800, in Appendix A to part 71, Paragraphs I and IV(b), 
and in Tables A-1, A-3 and A-4, beginning on page 3801, are corrected 
to read as follows:

Appendix A to Part 71--Determination of A<INF>1</INF> and A<INF>2</INF>

I. Values of A<INF>1</INF> and A<INF>2</INF> for individual 
radionuclides, which are the bases for many activity limits elsewhere 
in these regulations, are given in Table A-1. The curie (Ci) values 
specified are obtained by converting from the Terabecquerel (TBq) 
value. The Terabecquerel values are the regulatory standard. The curie 
values are for information only and are not intended to be the 
regulatory standard. Where values of A<INF>1</INF> and A<INF>2</INF> 
are unlimited, it is for radiation control purposes only. For nuclear 
criticality safety, some materials are subject to controls placed on 
fissile material.

* * * * *
    IV. * * *
    b. For normal form radioactive material, the maximum quantity 
transported in a Type A package is as follows:

[Sigma]B(i)/A<INF>2</INF> (i) <= 1

where B(i) is the activity of radionuclide i, and A<INF>2</INF>(i) 
is the A<INF>2</INF> value for radionuclide i.
* * * * *

Table A-1.--A<INF>1</INF> and A<INF>2</INF> Values for Radionuclides

    A new footnote reference ``b'' is added to the headings of the 
fourth and sixth columns, titled A<INF>1</INF>(Ci)\b\ and 
A<INF>2</INF>(Ci)\b\, and new footnote ``b'' text is added to the 
end of Table A-1 to read as follows:
    \b\ The values of A<INF>1</INF> and A<INF>2</INF> in Curies (Ci) 
are approximate and for information only; the regulatory standard 
units are Terabecquerels (TBq), (see Appendix A to part 71--
Determination of A<INF>1</INF> and A<INF>2</INF>, Section I.).
    For radionuclide Bi-205, the specific activity is corrected to 
1.5 x 10\3\ TBq/g.
    For radionuclide Cm-248, the specific activity is corrected to 
1.6 x 10<SUP>-</SUP>\4\ TBq/g.
    For radionuclide Eu-150 (long lived), the A<INF>1</INF> value is 
corrected to 7.0 x 10<SUP>-</SUP>\1\ TBq.
    For radionuclide Te-132(a), the specific activity is corrected 
to 3.0 x 10\5\ Ci/g.
* * * * *

Table A-3.--General Values for A<INF>1</INF> and A<INF>2</INF> 
[Amended]

    The value under the sixth column ``Activity concentration for 
exempt material (Bq/g)'' for the first row ``Only beta or gamma 
emitting radionuclides are known to be present'' is corrected to 
read 1 x 10\1\.
    The value under the seventh column ``Activity limits for exempt 
consignments (Bq)'' for the first row ``Only beta or gamma emitting 
radionuclides are known to be present.'' is corrected to read 1 x 
10\4\.

Table A-4.--Activity-Mass Relationships for Uranium

    The value under the third column ``Specific Activity [bond] Ci/
g'' for the ``90'' row ``Uranium Enrichment wt% U-235 present'' is 
corrected to read 5.8 x 10<SUP>-</SUP>\5\.

    Dated at Rockville, Maryland, this 24th day of September, 2004.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration.
[FR Doc. 04-21763 Filed 9-28-04; 8:45 am]
BILLING CODE 7590-01-P


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