This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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The Code of Federal Regulations is sold by

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REGISTER issue of each week.

Rules and Regulations Federal Register

35743 

Vol. 78, No. 115 

Friday, June 14, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–13–0001; FV13–948–1 

IR] 

Irish Potatoes Grown in Colorado; 

Modification of the General Cull and 

Handling Regulation for Area No. 2 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This interim rule modifies the 

size requirements for potatoes handled 

under the Colorado potato marketing 

order, Area No. 2 (order). The order 

regulates the handling of Irish potatoes 

grown in Colorado and is administered 

locally by the Colorado Potato 

Administrative Committee, Area No. 2 

(Committee). This action revises the 1- 

inch minimum to 13⁄4-inch maximum 

diameter size allowance for U.S. 

Commercial and better grade potatoes 

contained in the order’s handling 

regulation for Area 2 to 3⁄4-inch 

minimum to 15⁄8-inch maximum 

diameter. In addition, this action revises 

the minimum size requirement under 

the order’s general cull regulation to 3⁄4- 

inch diameter. As required under 

section 8e of the Agricultural Marketing 

Agreement Act of 1937, this action also 

revises the size requirements for 

imported round type potatoes, other 

than red-skinned varieties. This change 

is expected to facilitate the handling 

and marketing of the Area No. 2 potato 

crop, provide producers and handlers 

with increased returns, and offer 

consumers increased potato purchasing 

options. 

DATES: Effective June 15, 2013; 

comments received by August 13, 2013 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this interim rule. Comments 

should be sent to the Docket Clerk, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register and will be made available for 

public inspection in the office of the 

Docket Clerk during regular business 

hours, or can be viewed at: http:// 

www.regulations.gov. All comments 

submitted in response to this interim 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, Marketing Specialist, 

or Gary Olson, Regional Director, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Barry.Broadbent@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

interim rule is issued under Marketing 

Agreement No. 97 and Marketing Order 

No. 948, both as amended (7 CFR part 

948), regulating the handling of Irish 

potatoes grown in Colorado, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

This interim rule is also issued under 

section 8e of the Act, which provides 

that whenever certain specified 

commodities, including potatoes, are 

regulated under a Federal marketing 

order, the importation of these 

commodities into the United States is 

prohibited unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. 

The Department of Agriculture 

(USDA) is issuing this interim rule in 

conformance with Executive Order 

12866. 

This interim rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This interim rule is not 

intended to have retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

There are no administrative 

procedures which must be exhausted 

prior to any judicial challenge to the 

provisions of import regulation issued 

under section 8e of the Act. 

This action modifies the size 

requirements for potatoes handled 

under the order’s general cull regulation 

and handling regulation for Area 2. This 

interim rule relaxes the 1-inch 

minimum to 13⁄4-inch maximum size 

allowance for U.S. Commercial or better 

grade potatoes handled under the order 

to 3⁄4-inch minimum to 15⁄8-inch 

maximum diameter (Creamer size, as 

designated in the U.S. Standards for 

Grades of Potatoes). This action also 

relaxes the minimum size requirement 

of the general cull regulation to 3⁄4-inch 

diameter. 

Prior to this change, the smallest 

potatoes that could be shipped outside 

the State of Colorado under the order 

were 1-inch to 13⁄4-inch diameter 

potatoes that met or exceeded the 

requirements of the U.S. Commercial 

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35744 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 

grade. Potatoes measuring less than 1- 

inch were not allowed to be shipped 

outside the State, regardless of grade. 

This action is a relaxation of the order’s 

regulations and will allow shipments of 

Creamer size potatoes (3⁄4-inch to 15⁄8- 

inch diameter), if such potatoes 

otherwise meet or exceed the 

requirements of the U.S. Commercial 

grade. None of the other size 

requirements contained in the handling 

regulation are impacted by this action. 

This change was unanimously 

recommended by the Committee at a 

meeting held on December 20, 2012. 

Section 948.22 authorizes the 

issuance of grade, size, quality, 

maturity, pack, and container 

regulations for potatoes grown in the 

order’s production area. Section 948.21 

authorizes the modification, suspension, 

or termination of regulations issued 

pursuant to § 948.22. Section 948.20 

establishes the requirements of the 

general cull regulation. The Secretary 

may suspend or modify the general cull 

regulation provisions contained in 

§ 948.20 upon the recommendation of 

the Committee, or on other available 

information. 

Under the Colorado potato marketing 

order, the State of Colorado is divided 

into three areas of regulation for 

marketing order purposes. These 

include: Area 1, commonly known as 

the Western Slope; Area 2, commonly 

known as San Luis Valley; and, Area 3, 

which consists of the remaining 

producing areas within the State of 

Colorado not included in the definition 

of Area 1 or Area 2. Currently, the order 

only regulates the handling of potatoes 

produced in Area 2 and Area 3. 

Regulation for Area 1 has been 

suspended. 

The grade, size, and maturity 

requirements specific to the handling of 

potatoes grown in Area 2 are contained 

in § 948.386 of the order. Additionally, 

the minimum grade and size 

requirements established under the 

order’s general cull regulation are 

contained in § 948.126. The handling 

regulation requires that all potatoes 

handled under the order meet the 

minimum requirements of the U.S. No. 

2 grade, and be 2 inches or greater in 

diameter. Smaller size potatoes may be 

handled, if such potatoes otherwise 

meet the requirements of certain higher 

grade standards. For all varieties, size B 

potatoes (11⁄2-inch minimum to 21⁄4-inch 

maximum diameter as designated in the 

U.S. Standards for Grade of Potatoes) 

may be handled under the order, if such 

potatoes meet or exceed the 

requirements of the U.S. Commercial 

grade. In addition, prior to this interim 

rule, 1-inch to 13⁄4-inch diameter 

potatoes that met or exceeded the 

requirements of the U.S. Commercial 

grade were also allowed to be handled 

under the order. 

At the December 20, 2012, Committee 

meeting, industry participants indicated 

to the Committee that there is an 

emerging market for smaller size U.S. 

Commercial grade potatoes sold in 

consumer packs and included in certain 

value added potato products. They 

further stated that the order’s current 

size requirements (1-inch diameter 

being the smallest potato allowed to be 

handled) precludes them from 

supplying this growing and profitable 

market. Relaxing the size requirements 

to allow shipments of such higher grade, 

smaller size potatoes will allow area 

handlers to compete with other 

domestic potato producing regions for 

this developing market segment. This 

change effectively lowers the allowable 

minimum diameter for U.S. Commercial 

and better grade potatoes to 3⁄4-inch, 

which is in line with the minimum size 

requirements contained in the handling 

regulations of the other domestic potato 

marketing orders. 

Relaxing the size requirements to 

allow shipments of smaller size potatoes 

will make more small potatoes available 

to consumers and will allow Area 2 

handlers to move more of the area’s 

potato production into the fresh market. 

This change is expected to benefit 

producers, handlers, and consumers of 

potatoes. 

Section 8e of the Act provides that 

when certain domestically produced 

commodities, including potatoes, are 

regulated under a Federal marketing 

order, imports of that commodity must 

meet the same or comparable grade, 

size, quality, and maturity requirements 

as the domestically produced product. 

Minimum grade, size, quality, and 

maturity requirements for potatoes 

imported into the United States are 

currently in effect under the import 

regulations contained in § 980.1 (7 CFR 

980.1). The import regulations 

distinguish between each of the three 

major types of potatoes handled 

domestically: Red-skinned, round types; 

long types; and all other round types. 

Section 980.1(a)(2)(ii) specifies that 

imports of round type potatoes, other 

than red-skinned varieties, are in most 

direct competition with potatoes of the 

same type produced in Area 2, Colorado 

(San Luis Valley) and covered by 

Marketing Order No. 948. Further, 

section 980.1(b)(2) stipulates that, 

through the entire year, the grade, size, 

quality, and maturity requirements of 

Marketing Order No. 948 applicable to 

potatoes of the round type, other than 

red-skinned varieties, shall be the 

respective grade, size, quality, and 

maturity requirements for imports of 

that type potatoes. As such, the 

relaxation of the size requirements 

effectuated by this interim rule for 

domestic potatoes covered by the order 

likewise relaxes the size requirements 

for U.S. Commercial and better grade 

round type potatoes, other than redskinned varieties, that are imported into 

the U.S. No change to the regulatory text 

is necessary to accomplish this action. 

Prior to this action, 1-inch minimum 

diameter to 13⁄4-inch maximum 

diameter was the smallest size range of 

potatoes allowed to be imported. As a 

result of the change in the order’s 

handling regulation, and pursuant to 

section 8e of the Act, importers may 

now ship Creamer size (3⁄4-inch 

minimum to 15⁄8-inch maximum 

diameter) U.S. Commercial and better 

grade round type potatoes, other than 

red-skinned varieties, into the U.S. 

market. 

This action allows potato handlers 

and importers to better respond to the 

changing demands of the U.S. potato 

market. The consumers’ increasing 

preference for small size potatoes 

applies to imported potatoes as well as 

domestic potatoes. Thus, domestic 

handlers and importers should benefit 

by increasing sales to this emerging 

domestic market segment. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

action on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 80 handlers 

of Colorado Area No. 2 potatoes subject 

to regulation under the order and 

approximately 180 producers in the 

regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration as 

those having annual receipts of less than 

$7,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

(13 CFR 121.201) 

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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 35745 

During the 2011–2012 marketing year, 

the most recent full marketing year for 

which statistics are available, 

15,072,963 hundredweight of Colorado 

Area No. 2 potatoes were inspected 

under the order and sold into the fresh 

market. Based on an estimated average 

f.o.b. price of $12.60 per 

hundredweight, the Committee 

estimates that 66 Area No. 2 handlers, 

or about 83 percent, had annual receipts 

of less than $7,000,000. In view of the 

foregoing, the majority of Colorado Area 

No. 2 potato handlers may be classified 

as small entities. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for the 2011 Colorado fall potato 

crop was $10.70 per hundredweight. 

Multiplying $10.70 by the shipment 

quantity of 15,072,963 hundredweight 

yields an annual crop revenue estimate 

of $161,280,704. The average annual 

fresh potato revenue for each of the 180 

Colorado Area No. 2 potato producers is 

therefore calculated to be approximately 

$896,000 ($161,280,704 divided by 180), 

which is greater than the SBA threshold 

of $750,000. Consequently, on average, 

many of the Area No. 2 Colorado potato 

producers may not be classified as small 

entities. 

This interim rule relaxes the size 

allowance for U.S. Commercial and 

better grade potatoes in the order’s 

handling regulation and modifies the 

size requirement in the order’s general 

cull regulation. Prior to this action, the 

smallest size range allowed to be 

handled under the order was 1-inch 

minimum diameter to 13⁄4-inch 

maximum diameter if the potatoes were 

otherwise U.S. Commercial or better 

grade. As a result of this interim rule, 

Creamer size (3⁄4-inch to 15⁄8-inch 

diameter) U.S. Commercial and better 

grade potatoes are now allowed be 

handled under the order. All other size 

requirements in the order’s handling 

regulation remain unchanged. Authority 

for this action is contained in §§ 948.20, 

948.21, and 948.22. 

This relaxation is expected to benefit 

the producers, handlers, and consumers 

of Colorado Area 2 potatoes by allowing 

a greater quantity of fresh potatoes from 

the production area to enter the market. 

This anticipated increase in volume is 

expected to translate into greater returns 

for handlers and producers, and more 

purchasing options for consumers. 

After discussing possible alternatives 

to this interim rule, the Committee 

determined that a relaxation in the size 

requirement for U.S. Commercial and 

better grade potatoes will meet the 

industry’s current needs while 

maintaining the potato quality 

objectives of the order. During its 

deliberations, the Committee considered 

making no changes to the handling 

regulation, as well as relaxing the size 

requirement for all U.S. No. 2 and better 

grade potatoes. The Committee believes 

that a relaxation in the handling 

regulation for small potatoes is 

necessary to allow handlers to pursue 

new markets, but lowering the size 

requirements for all potatoes that are 

U.S. No. 2 and better grade could erode 

the quality reputation of the area’s 

production. Therefore, the Committee 

found that there were no other viable 

alternatives to the relaxation of the size 

requirements as recommended. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178 (Generic 

Vegetable and Specialty Crops). No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This interim rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato handlers and importers. As with 

all Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. In 

addition, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this interim 

rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Colorado potato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the December 20, 

2012, meeting was a public meeting and 

all entities, both large and small, were 

able to express their views on this issue. 

Finally, interested persons are invited to 

submit comments on this interim rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

This interim rule invites comments on 

a modification of the size requirements 

prescribed under the Colorado potato 

marketing order. Any comments 

received will be considered prior to the 

finalization of this interim rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is hereby found 

that this interim rule, as hereinafter set 

forth, will tend to effectuate the 

declared policy of the Act. 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this interim rule. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this interim rule into effect and that 

good cause exists for not postponing the 

effective date of this interim rule until 

30 days after publication in the Federal 

Register because: (1) This action is a 

relaxation of the current handling 

regulations; (2) handlers are already 

shipping potatoes from the 2012–2013 

crop and may want to take advantage of 

this relaxation as soon as possible; (3) 

handlers are aware of this interim rule, 

which was initiated by the industry and 

unanimously recommended by the 

Committee at a public meeting during 

which interested parties had an 

opportunity to provide input; and (4) 

this interim rule provides a 60-day 

comment period and any comments 

received will be considered prior to 

finalization of this interim rule. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 948 is amended as 

follows: 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ 1. The authority citation for 7 CFR 

part 948 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 948.126, paragraph (a) is 

revised to read as follows: 

§ 948.126 General cull regulation. 

(a) No handler shall handle potatoes 

grown in the State of Colorado which do 

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35746 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 

not meet the requirements of U.S. No. 2 

or better grade, or are less than 3⁄4-inch 

in diameter. 

* * * * * 

■ 3. In § 948.386, the heading of 

paragraph (a)(4) is revised to read as 

follows: 

§ 948.386 Handling regulation. 

* * * * * 

(a) * * * 

(4) 3⁄4-inch minimum diameter to 15⁄8- 

inch maximum diameter (Creamer). 

* * * 

* * * * * 

Dated: June 11, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–14175 Filed 6–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 71 and 73 

[NRC–1999–0005] 

RIN 3150–AG41 

Advance Notification to Native 

American Tribes of Transportation of 

Certain Shipments of Nuclear Waste 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; implementation. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) licensees are 

currently required to provide advance 

notice to participating Federallyrecognized Tribal governments 

regarding shipments of irradiated 

reactor fuel and certain nuclear wastes 

that pass within or across their 

reservations. Agreement State licensees 

will be required to provide advance 

notifications for certain shipments of 

radioactive material at the time the 

applicable Agreement State implements 

its requirements. The NRC is 

maintaining and providing a list of 

Tribal contacts and an interactive map 

of Tribal boundaries of participating 

Federally-recognized Tribes that is 

available on the NRC’s public Web site. 

The list will be published annually in 

the Federal Register. 

DATES: This document is effective on 

June 14, 2013. 

ADDRESSES: Please refer to Docket ID 

NRC–1999–0005 when contacting the 

NRC about the availability of 

information for this document. You may 

access information related to this 

document, which the NRC possesses 

and is publicly available, by any of the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–1999–0005. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–492–3668; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual(s) listed in the FOR FURTHER

INFORMATION CONTACT section of this 

final rule. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

James Firth, Office of Federal and State 

Materials and Environmental 

Management Programs; U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

6628; email: James.Firth@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

January 6, 1982 (47 FR 596 and 47 FR 

600), the NRC published regulations 

that require licensees to provide 

advance notice of certain shipments of 

irradiated reactor fuel and nuclear waste 

to State Governors or their designees. 

On June 11, 2012 (77 FR 34194), the 

NRC amended the advance notification 

requirements of parts 71 and 73 of Title 

10 of the Code of Federal Regulations 

(10 CFR) requiring licensees to provide 

advance notice to participating 

Federally-recognized Tribal 

governments regarding shipments of 

irradiated reactor fuel and certain 

nuclear wastes that pass within or 

across their reservations (i.e., Advance 

Tribal Notification Rule). The NRC’s 

licensees are currently required to 

provide advance notification to 

participating Federally-recognized 

Tribal governments. Agreement State 

licensees will be required to provide 

advance notifications for certain 

shipments of radioactive material at the 

time the applicable Agreement State 

implements its requirements. 

The licensees must provide to 

participating Tribal officials, or their 

designees, advance notice of shipments 

of irradiated reactor fuel meeting the 10 

CFR 73.37 criteria and other nuclear 

wastes meeting the criteria in 10 CFR 

71.97 before passing through or crossing 

the border of their reservations. 

Specifically, 10 CFR 71.97 requires 

licensees to provide advance notice of 

shipments of certain licensed material 

that meet the following requirements: 

(1) The material is required to be 

shipped in Type B packaging; (2) the 

licensed material is being transported 

within or across the boundary of the 

Tribe’s reservation and the shipment is 

being transported outside of the 

licensee’s place of use en route to a 

disposal facility or to a collection point 

for transport to a disposal facility; and 

(3) the quantity of licensed material in 

a single package exceeds at least one of 

the following: (a) 3000 times the A1

value of the radionuclides as specified 

in appendix A, Table A–1 in 10 CFR 

part 71 for special form radioactive 

material; (b) 3000 times the A2 value of 

the radionuclides as specified in 

appendix A, Table A–1 in 10 CFR part 

71 for normal form radioactive material; 

or (c) 1000 terabecquerels (27,000 

curies). 

As required by 10 CFR 73.37, 

licensees must provide advance notice 

of shipments of irradiated reactor fuel in 

excess of 100 grams in net weight of 

irradiated fuel, which has a total 

external radiation dose rate in excess of 

1 Gray (100 rad) per hour at a distance 

of 0.91 meters (3 feet) from any 

accessible surface without intervening 

shielding. The licensee is required to 

make this notification to any Tribe for 

which the irradiated reactor fuel is 

being transported within its Tribal 

reservation or across its Tribal 

reservation boundaries. 

Since the publication of the Advance 

Tribal Notification Rule, the NRC 

revised the advance notification 

requirements for certain shipments of 

irradiated reactor fuel in 10 CFR 73.37— 

‘‘Physical Protection of Byproduct 

Material’’ (March 19, 2013; 78 FR 

16922). The revision requires licensees 

to provide advance notification for 

certain shipments of irradiated reactor 

fuel that are 100 grams or less in net 

weight of irradiated fuel. The 

compliance date of this new regulatory 

provision is March 19, 2014. 

For the purposes of the Advance 

Tribal Notification Rule, an ‘‘Indian 

tribe’’ is defined as an Indian or Alaska 

Native tribe, band, nation, pueblo, 

village, or community that the Secretary 

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