[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Rules and Regulations]
[Pages 20747-20753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11297]



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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 172, 173, 174, and 176

[Docket No. HM-169A; Amdt. Nos. 172-143, 173-244, 174-80, 176-37]
RIN 2137-AB60


Hazardous Materials Transportation Regulations; Compatibility 
with Regulations of the International Atomic Energy Agency

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule; editorial revisions and response to a petition for 
reconsideration.

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SUMMARY: On September 28, 1995, RSPA published a final rule which 
amended the Hazardous Materials Regulations pertaining to the 
transportation of radioactive materials to harmonize them with those of 
the International Atomic Energy Agency (IAEA) and, thus, most major 
nuclear nations of the world. Several substantive changes were made to 
provide a more uniform degree of safety for various types of shipments. 
These changes included requiring offerors and carriers to maintain 
written radiation protection programs, revising the definition of and 
packaging for low specific activity radioactive materials, and 
requiring use of the International System of Units for the measurement 
of activity in a package of radioactive material. This final rule makes 
editorial and technical corrections to that final rule and responds to 
a petition for reconsideration.


[[Page 20748]]


DATES: The effective date of these amendments is June 3, 1996. 
Immediate compliance with the amendments is authorized.
    The effective date for the final rule published under Docket HM-
169A on September 28, 1995 (60 FR 50292) remains April 1, 1996.

FOR FURTHER INFORMATION CONTACT: A. Wendell Carriker, Office of 
Hazardous Materials Technology, (202) 366-4545, or John A. Gale, Office 
of Hazardous Materials Standards, (202) 366-8553, U.S. Department of 
Transportation, 400 Seventh Street, SW, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 28, 1995, RSPA published a final rule under Docket HM-
169A (60 FR 50292) which amended the Hazardous Materials Regulations 
(HMR; 49 CFR Parts 171-180) pertaining to the transportation of 
radioactive materials to harmonize them with those of the International 
Atomic Energy Agency's (IAEA's) Safety Series No. 6, ``Regulations for 
the Safe Transport of Radioactive Material Revised 1985 and 
Supplemented 1988 and 1990'' (IAEA SS6-85) and, thus, most major 
nuclear nations of the world. RSPA has received correspondence 
identifying errors and a petition for reconsideration in response to 
the final rule. This document incorporates editorial and technical 
revisions to the final rule based on the merits of the correspondence 
and other revisions that RSPA has determined are necessary to correct 
or clarify the final rule.

II. Section-by-Section Review

    Section 172.101. In the Hazardous Materials Table, RSPA is 
correcting the shipping name for low specific activity material by 
adding the suffix ``n.o.s.''. For the shipping name for surface 
contaminated objects, RSPA is correcting the packaging references.
    Section 172.203. In the final rule, RSPA inadvertently removed the 
provision of Sec. 172.203(d)(1) which requires the addition of the 
words ``radioactive material'' to a shipping description that does not 
contain those words. By revising paragraph (d)(1) RSPA is reinstating 
that requirement.
    Section 172.310. Section 172.310 is revised by adding the word 
``Each'' to the beginning of paragraph (b).
    Section 172.403. Section 172.403 is revised to correct 
typographical errors in the label table and to clarify that the 
allowance to identify radionuclides in terms of curies only applies in 
domestic transportation.
    Section 172.803. In Sec. 172.803, RSPA is clarifying that a person, 
determining if he or she is subject to the radiation protection program 
based on the total transport index (TI) handled, can exclude the TI 
from fissile packages that is calculated for criticality control 
purposes. RSPA received a petition for reconsideration on Sec. 172.803, 
which stated that RSPA should not limit the category of people who are 
permitted to make the evaluation described in Sec. 172.803(d)(1)(ii) to 
only certified health physicists or persons who are recommended by the 
appropriate Nuclear Regulatory Commission (NRC) or state official. RSPA 
requires that the evaluator be ``a person experienced with radiation 
protection programs and transportation regulations and programs.'' 
Under Sec. 172.803(d)(1)(ii), a person's competency to make the 
determination described in Sec. 172.803(d)(1)(i) may be evidenced by 
his or her status as a certified health physicist or by a letter of 
recommendation from a State Radiation Official. There is no requirement 
for evidence of the evaluator's competency. Therefore, the petition for 
reconsideration is denied. In addition, in Sec. 172.803(d)(1)(ii), RSPA 
is removing the reference to the NRC because the NRC recently advised 
RSPA that it will not provide letters of recommendation.
    Appendix B to Part 172. Appendix B to Part 172 was added in the 
final rule to specify the size of the trefoil symbol for package 
markings, labels and placards. However, several persons advised RSPA 
that the new trefoil size makes it very difficult to produce the 
RADIOACTIVE placard and label in the design specified in the HMR. These 
persons requested that labels and placards that were printed to the old 
trefoil specifications continue to be allowed for an unlimited amount 
of time. Upon further review of the amendment that adopted the new 
trefoil size for placards and labels, RSPA believes that the new size 
requirements impose unnecessary costs. Therefore, RSPA is revising 
Appendix B to Part 172 to require that the inner circle of the trefoil 
symbol on a radioactive label have a radius of at least 4 millimeters 
and that the outer circle of the trefoil symbol on a radioactive 
placard have a radius of at least 56.25 millimeters. In addition, RSPA 
is allowing the continued use of those labels and placards that were 
printed prior to April 1, 1996, in accordance with the regulations in 
effect on March 30, 1996.
    Section 173.411. For consistency with other sections of the HMR, 
RSPA is removing the phrase ``greater than 20% increase'' from 
Sec. 173.411(b)(2)(ii) and replacing it with the phrase ``significant 
increase''. This change will make the requirements for Type 2 and 3 
Industrial Packages consistent with the requirements for a Type A 
package.
    Section 173.417. In Sec. 173.417, Table 3 is reprinted in the 
correct format, and paragraph (b)(2) is revised to reflect the 
appropriate restrictions for the Specification 6M packaging, based upon 
assigned criticality transport indices (TI). Clarifications are being 
made to show that paragraph (b)(2)(i) applies to materials with 
criticality TI's equal to zero and that paragraph (b)(2)(ii) and 
footnote 7 apply to materials with criticality TI's greater than zero.
    Section 173.422. Section 173.422 is revised to correctly note that 
persons who ship limited quantities of Class 7 materials must comply 
with the training requirements of Part 172, and that limited quantities 
of a Class 7 material that is a hazardous substance or a hazardous 
waste must comply with the shipping paper requirements of the HMR. In 
addition, RSPA is providing an exception from the certification 
requirements of Sec. 173.422(a) for limited quantities of Class 7 
materials that are subject to the shipping paper requirements of the 
HMR.
    Section 173.425. Editorial errors in the table of activity limits 
for limited quantities in Table 7 are corrected and footnote 2, 
regarding luminous paint, is added back to the table.
    Section 172.426. Section 173.426 is revised to correct section 
references.
    Section 173.427. In Sec. 173.427, paragraph (a)(3) is revised by 
adding a reference to ``Sec. 173.467'' to make it clear that fissile 
packages must comply with the provisions of Sec. 173.467. In addition, 
in paragraph (c)(1), RSPA is removing the phrase ``in a closed 
transport vehicle'' from the requirements for shipping bulk packages of 
low specific activity material and surface contaminated objects. In 
addition, RSPA is adding references to the NRC-approved packagings to 
make it clear that these are authorized packagings for the shipment of 
low specific activity material and surface contaminated objects.
    Section 173.428. Section 173.428 is revised to correct section 
references and a misspelled word.
    Section 173.435. Several editorial corrections are made to the 
Table of A<INF>1 and A<INF>2 values in Sec. 173.435. In addition, the 
entry ``MFP'', which stands for mixed fission products, is added back 
to the table.
    Section 173.443. Section 173.443 is revised by correcting editorial 
errors in Table 11.

[[Page 20749]]

    Section 173.465. Section 173.465 is revised to correct a misspelled 
word and to correct unit conversions.
    Section 174.700. Section 174.700 is revised to correct a section 
reference and by correcting the limit in paragraph (b) so that it 
applies to each rail car and not to the entire train.
    Section 176.700. Section 176.700 is revised to correct the 
reference to the required marking requirements for low specific 
activity radioactive material.

III. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. The rule is not considered significant 
under the regulatory policies and procedures of the Department of 
Transportation (44 FR 11034). The original regulatory evaluation was 
reexamined but was not modified because changes made under this rule do 
not change the analysis in that evaluation.

B. Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). The 
Federal hazardous materials transportation law (49 U.S.C. 5101-5127) 
contains an express preemption provision that preempts State, local, 
and Indian tribe requirements on certain covered subjects. Covered 
subjects are:
    (i) the designation, description, and classification of hazardous 
materials;
    (ii) the packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) the preparation, execution, and use of shipping documents 
pertaining to hazardous materials and requirements respecting the 
number, content, and placement of such documents;
    (iv) the written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (v) the design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous materials.
    This final rule concerns the packaging and classification of 
radioactive materials. This final rule preempts State, local, or Indian 
tribe requirements in accordance with the standards set forth above. 
The Federal statute provides that if DOT issues a regulation concerning 
any of the covered subjects after November 16, 1990, DOT must determine 
and publish in the Federal Register the effective date of Federal 
preemption (49 USC 5125(b)(2)). That effective date may not be earlier 
than the 90th day following the date of issuance of the final rule and 
not later than two years after the date of issuance. RSPA has 
determined that the effective date of Federal preemption for these 
requirements is August 2, 1996. Thus RSPA lacks discretion in this 
area, and preparation of a federalism assessment is not warranted.

C. Executive Order 12778

    Any interested person may petition RSPA's Administrator for 
reconsideration of this final rule within 30 days of publication of 
this rule in the Federal Register, in accordance with the procedures 
set forth at 49 CFR 106.35. Neither the filing of a petition for 
reconsideration nor any other administrative proceeding is required 
before the filing of a suit in court for review of this rule.

D. Regulatory Flexibility Act

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule applies to 
shippers and carriers of radioactive materials, some of whom are small 
entities.

E. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

F. 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.

List of Subjects

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labeling, 
Packaging and containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Parts 172, 173, 174 and 
176 are amended as follows:

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    1. The authority citation for Part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 172.101  [Amended]

    2. In Sec. 172.101, in the Hazardous Materials Table, the following 
amendments are made:
    a. For the entry``Radioactive material, low specific activity or 
Radioactive material, LSA, n.o.s.'', in column (2), the words ``, 
n.o.s.'' are added after ``activity''.
    b. For the entry ``Radioactive material, surface contaminated 
object or Radioactive material, SCO'', in column (7), the references 
``421, 424, 426'' are removed, in Column (8A), the reference ``427'' is 
revised to read ``421, 424, 426'', in Column (8C), the reference 
``427'' is added.
    3. In Sec. 172.203, paragraphs (d)(1) and (d)(2) are revised to 
read as follows:


Sec. 172.203  Additional description requirements.

* * * * *
    (d) * * *
    (1) The words ``RADIOACTIVE MATERIAL'' unless these words are 
contained in the proper shipping name.
    (2) The name of each radionuclide in the Class 7 (radioactive) 
material that is listed in Sec. 173.435 of this subchapter. For 
mixtures of radionuclides, the radionuclides that must be shown must be 
determined in accordance with Sec. 173.433(f) of this subchapter. 
Abbreviations, e.g., ``<SUP>99 Mo'', are authorized.
* * * * *


Sec. 172.310  [Amended]

    3a. In Sec. 172.310, in paragraph (b), the wording ``Packaging 
must'' is removed and ``Each packaging must'' is added in its place.

[[Page 20750]]

Sec. 172.403  [Amended]

    4. In Sec. 172.403, the following amendments are made:
    a. In paragraph (a), the reference ``Secs. 173.421 through 
173.425'' is revised to read ``Secs. 173.421 through 173.428''.
    b. In the table in paragraph (c), under the column heading 
``Maximum radiation level at any point on the external surface'', for 
the second entry the wording ``0.5 mSv/h (50 mrem)'' is revised to read 
``0.5 mSv/h (50 mrem/h)'' and, for the third entry the wording ``0.05 
mSv/h (50 mrem)'' is revised to read ``0.5 mSv/h (50 mrem/h)''.
    c. In paragraph (g)(2), in the second sentence, the word 
``Alternatively,'' is removed and ``Alternatively, for domestic 
transport,'' is added in its place.


Sec. 172.803   [Amended]

    5. In Sec. 172.803, the following amendments are made:
    a. In the introductory text of paragraph (b) the word ``control'' 
is removed and ``controlled'' is added in its place.
    b. In paragraph (d)(1)(i), the words ``200 TI'' are removed and 
``200 TI, not including TI calculated for criticality control 
purposes,'' is added in its place.
    c. In paragraph (d)(1)(ii), in the last sentence, the words ``any 
Regional Administrator of the Nuclear Regulatory Commission or from'' 
are removed.
    d. In paragraph (e), the paragraph designation (1) is added 
following the paragraph heading.
    6. In Appendix B to Part 172, the introductory text preceding the 
symbol and the text following the symbol are revised to read as 
follows:

Appendix B to Part 172--Trefoil Symbol

    1. Except as provided in paragraph 2 of this appendix, the 
trefoil symbol required for RADIOACTIVE labels and placards and 
required to be marked on certain packages of Class 7 materials must 
conform to the design and size requirements of this appendix.
    2. RADIOACTIVE labels and placards that were printed prior to 
April 1, 1996, in conformance with the requirements of this 
subchapter in effect on March 30, 1996, may continue to be used.
* * * * *
1=Radius of Circle--
    Minimum dimensions
    4 mm (0.16 inch) for markings and labels
    12.5 mm (0.5 inch) for placards
2=1\1/2\ Radii
3=5 radii for markings and labels
    4\1/2\ radii for placards.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    7. The authority citation for Part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 173.403   [Amended]

    8. In Sec. 173.403, under the definition Low Specific Activity 
(LSA) material, in paragraph (2)(ii) the words ``essentially uniformly 
distributed'' are revised to read ``distributed throughout'', and, in 
paragraph (3)(i) the words ``essentially uniformly distributed 
throughout'' are revised to read ``distributed throughout''.


Sec. 173.410   [Amended]

    9. In Sec. 173.410, paragraph (f) is amended by removing the phrase 
``(see Sec. 178.608 of this subchapter)'' and by revising the phrase 
``(see Secs. 173.24 and 173.24a)'' to read ``(see Secs. 173.24, 
173.24a, and 173.24b)''.


Sec. 173.411   [Amended]

    10. In Sec. 173.411, in paragraph (b)(2)(ii), the words ``greater 
than 20% increase'' are revised to read ``significant increase''.
    11. In Sec. 173.417, in paragraph (a)(7), Table 3 is revised, and 
paragraph (b)(2) is revised to read as follows:


Sec. 173.417   Authorized fissile materials packages.

    (a) * * *
    (7) * * *

       Table 3.--Allowable Content of Uranium Hexafluoride (UF<INF>6) ``Heels'' In a Specification 7A Cylinder       
----------------------------------------------------------------------------------------------------------------
Maximum cylinder diameter      Cylinder volume         Maximum         Maximum ``Heel'' weight per cylinder     
---------------------------------------------------  uranium-235 -----------------------------------------------
                                                     enrichment             UF6                 Uranium-235     
 Centimeters     Inches      Liters     Cubic feet     (weight   -----------------------------------------------
                                                      percent)         kg          lb          kg          lb   
----------------------------------------------------------------------------------------------------------------
12.7.........          5         8.8        0.311        100.0         0.045         0.1       0.031        0.07
20.3.........          8        39.0        1.359         12.5         0.227         0.5       0.019        0.04
30.5.........         12        68.0        2.410          5.0         0.454         1.0       0.015        0.03
76.0.........         30       725.0       25.64           5.0        11.3          25.0       0.383        0.84
122.0........         48     3,084.0     <SUP>1108.9            4.5        22.7          50.0       0.690        1.52
122.0........         48     4,041.0     <SUP>2142.7            4.5        22.7          50.0       0.690        1.52
----------------------------------------------------------------------------------------------------------------
\1\ 10 ton.                                                                                                     
\2\ 14 ton.                                                                                                     

* * * * *
    (b) * * *
    (2) DOT Specification 6M (Sec. 178.354 of this subchapter), metal 
packaging. These packages must contain only solid Class 7 (radioactive) 
materials that will not decompose at temperatures up to 121  deg.C (250 
 deg.F). Radioactive decay heat output may not exceed 10 watts. Class 7 
(radioactive) materials in other than special form must be packaged in 
one or more tightly sealed metal cans or polyethylene bottles within a 
DOT Specification 2R (Sec. 178.360 of this subchapter) containment 
vessel.
    (i) For fissile material with a criticality TI equal to 0.0, 
packages are limited to the following amounts of fissile Class 7 
(radioactive) materials: 1.6 kilograms of uranium-235; 0.9 kilograms of 
plutonium (except that due to the 10-watt thermal decay heat 
limitation, the limit for plutonium-238 is 0.02 kilograms); and 0.5 
kilograms of uranium-233. The maximum ratio of hydrogen to fissile 
material may not exceed three, including all of the sources of hydrogen 
within the DOT Specification 2R containment vessel.
    (ii) Maximum quantities of fissile material and other restrictions 
for materials with a criticality TI of greater than 0.0 are given in 
Table 5. The minimum transport index to be assigned per package and, 
for fissile material, controlled shipments, the allowable number of 
similar packages per conveyance and per transport vehicle are shown in 
Table 5. Where a maximum ratio of hydrogen to fissile material is 
specified in Table 5, only the hydrogen interspersed with the fissile 
material must be considered. For a uranium-233 shipment, the maximum 
inside diameter of the inner containment vessel may not exceed 12.1 
centimeters (4.75 inches). Where necessary, a tight-fitting steel 
insert must be used to reduce a larger diameter

[[Page 20751]]

inner containment vessel specified in Sec. 178.354 of this subchapter 
to the 12.1 centimeter (4.75 inch) limit. Table 5 is as follows:

                         Table 5.--Authorized Contents for Specification 6M Packages\1\                         
----------------------------------------------------------------------------------------------------------------
       Uranium-233\5\              Uranium-235\4\<SUP>,\7\           Plutonium\2\<INF>,\3\<SUP>,\4\                 Maximum no.
-----------------------------------------------------------------------------------------               pkgs.   
Metal or       Compounds      Metal or       Compounds      Metal or       Compounds                 transported
  alloy  --------------------   alloy  --------------------   alloy  --------------------  Minimum       as a   
---------                    ----------                    ----------                     transport    fissile  
                                                                                            index      material 
H/X=0\8\    H/X=0    H/X<=3     H/X=0     H/X=0    H/X<=3     H/X=0     H/X=0    H/X<=3                control  
                                                                                                       shipment 
----------------------------------------------------------------------------------------------------------------
0.5.....       0.5       0.5       1.6       1.6       1.6    \9\0.9    \9\0.9    \9\0.9          0         N/A 
3.6.....       4.4       2.9       7.2       7.6       5.3       3.1       4.1       3.4        0.1       1,250 
\6\4.2..       5.2       3.5       8.7       9.6       6.4       3.4       4.5       4.1        0.2         625 
\6\5.2..       6.8       4.5      11.2      13.9       8.3       4.2                 4.5        0.5         250 
  ......                          13.5      16.0      10.1       4.5                            1.0         125 
  ......                                    26.0      16.1                                      5.0          25 
  ......                                    32.0      19.5                                     10.0          12 
----------------------------------------------------------------------------------------------------------------
\1\ Quantity in kilograms.                                                                                      
\2\ Minimum percentage of plutonium-240 is 5 weight percent.                                                    
\3\ 4.5 kilogram limitation of plutonium due to watt decay heat limitation.                                     
\4\ For a mixture of uranium-235 and plutonium an equal amount of uranium-235 may be substituted for any portion
  of the plutonium authorized.                                                                                  
\5\ Maximum inside diameter of specification 2R containment vessel not to exceed 12.1 centimeters (4.75 inches) 
  (see paragraph (b)(2)(ii) of this section).                                                                   
\6\ Granulated or powdered metal with any particle less than 6.4 millimeters (0.25 inch) in the smallest        
  dimension is not authorized.                                                                                  
7 Except for material with a criticality TI of 0.0, the maximum permitted uranium-235 enrichment is 93.5        
  percent.                                                                                                      
\8\ H/X is the ratio of hydrogen to fissile atoms in the inner containment.                                     
\9\ For Pu-238, the limit is 0.02 kg because of the 10 watt thermal decay heat limitation.                      

* * * * *
    12. In Sec. 173.422, paragraph (b)(3) is added to read as follows:


Sec. 173.422   Additional requirements for excepted packages containing 
Class 7 (radioactive) materials.

* * * * *
    (b) * * *
    (3) The training requirements of subpart H of part 172 of this 
subchapter and, for materials that meet the definition of a hazardous 
substance or a hazardous waste, the shipping paper requirements of 
subpart C of Part 172 of this subchapter.


Sec. 173.422   [Amended]

    13. In addition, in Sec. 173.422, the following amendments are 
made:
    a. In paragraph (a), in the first sentence, the words ``Excepted 
packages'' are revised to read ``Except for materials subject to the 
shipping paper requirements of subpart C of Part 172 of this 
subchapter, excepted packages''.
    b. In paragraph (a)(4), the words ``empty packaging'' are revised 
to read ``empty package''.
    c. In paragraph (b)(1), the word ``and'' following the semicolon is 
removed, and in paragraph (b)(2) the period is removed and ``; and'' is 
added in its place.
    14. In Sec. 173.425, Table 7 is revised to read as follows:


Sec. 173.425  Table of activity limits--excepted quantities and 
articles.

* * * * *

                  Table 7.--Activity Limits for Limited Quantities, Instruments, and Articles                   
----------------------------------------------------------------------------------------------------------------
                                             Instruments and articles                                           
                                --------------------------------------------------                              
       Nature of contents            Limits for each                                Materials package limits \1\
                                  instrument or article      Package limits \1\                                 
                                           \1\                                                                  
----------------------------------------------------------------------------------------------------------------
Solids:                                                                                                         
    Special form...............  10<SUP>-2A<INF>1                   A<INF>1                       10<SUP>-3A<INF>1                       
    Normal form................  10<SUP>-2A<INF>2                   A<INF>2                       10<SUP>-3A<INF>2                       
Liquids:                                                                                                        
    Tritiated water:                                                                                            
        <0.0037 TBq/liter (0.1                                                     37 TBq (1,000 Ci)            
         Ci/L).                                                                                                 
        0.0037 TBq to 0.037 TBq/                                                   3.7 TBq (100 Ci)             
         L (0.1 Ci to 1.0 Ci/L).                                                                                
        >0.037 TBq/L (1.0 Ci/L)                                                    0.037 TBq (1.0 Ci)           
    Other Liquids..............  10<SUP>-3A<INF>2                   10<SUP>-1A<INF>2                   10<SUP>-4A<INF>2                       
Gases:                                                                                                          
    Tritium \2\................  2 x 10<SUP>-2A<INF>2               2 x 10<SUP>-1A<INF>2               2 x 10<SUP>-2A<INF>2                   
    Special form...............  10<SUP>-3A<INF>1                   10<SUP>-2A<INF>1                   10<SUP>-3A<INF>1                       
    Other form.................  10<SUP>-3A<INF>2                   10<SUP>-2A<INF>2                   10<SUP>-3A<INF>2                       
----------------------------------------------------------------------------------------------------------------
\1\ For mixtures of radionuclides see Sec.  173.433(d).                                                         
\2\ These values also apply to tritium in activated luminous paint and tritium adsorbed on solid carriers.      


[[Page 20752]]




Sec. 173.426  [Amended]

    15. In Sec. 173.426, paragraph (c), the reference ``Sec. 173.421 
(b), (c), and (d)'' is revised to read ``Sec. 173.421(a) (2), (3) and 
(4)''.
    16. In Sec. 173.427, paragraphs (b)(4) and (b)(5) are added to read 
as follows:


Sec. 173.427  Transport requirements for low specific activity (LSA) 
Class 7 (radioactive) materials and surface contaminated objects (SCO).

* * * * *
    (b) * * *
    (4) For domestic transportation only, in a packaging that complies 
with the provisions of 10 CFR 71.52, and is transported in exclusive 
use; or
    (5) Any Type B, B(U) or B(M) packaging authorized pursuant to 
Sec. 173.416.
* * * * *


Sec. 173.427  [Amended]

    17. In addition, in Sec. 173.427, the following amendments are 
made:
    a. In paragraph (a)(3), the reference ``Sec. 173.451'' is revised 
to read ``Secs. 173.451 and 173.467''.
    b. In paragraph (b)(2) the word ``or'' at the end of the paragraph 
is removed and in paragraph (b)(3)(ii) the period at the end of the 
paragraph is removed and a semicolon is added in its place.
    c. In paragraph (c)(1), the phrase ``, transported in a closed 
transport vehicle'' is removed.
    d. In paragraph (f), in Table 8, for the third entry, in column 1, 
the words ``LSA-IIII'' is revised to read ``LSA-III''.


Sec. 173.428  [Amended]

    18. In Sec. 173.428, in the introductory text, the word 
``expected'' is revised to read ``excepted'' and, in paragraph (a), the 
reference ``Sec. 173.421 (b), (c), and (e)'' is revised to read 
``Sec. 173.421(a) (2), (3), and (5)''.
    19. In Sec. 173.435, in the Table of A\<INF>1\ and A\<INF>2\ values 
for radionuclides, the following entries are revised to read as 
follows:


Sec. 173.435  Table of A\<INF>1\ and A\<INF>2\ values for 
radionuclides.

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Specific activity       
     Symbol of radionuclide         Element and         A<INF>1 (TBq)         A<INF>1 (Ci)         A<INF>2 (TBq)          A<INF>2 (Ci)     ---------------------------------
                                   atomic number                                                                            (TBq/g)          (Ci/g)     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Ag-110m........................  .................          0.4             10.8      0.4             10.8              1.8 x 10<SUP>2       4.7 x 10<SUP>3       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Am-242m........................  .................          2               54.1      2 x 10<SUP>-4        5.4.1 x 10<SUP>-3      3.6 x 10<SUP>-1      1.0 x 10<SUP>1       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Ar-39..........................  .................         20              541        20              541               1.3             3.4 x 10<SUP>1       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Br-82..........................  .................          0.4             10.8      0.4             10.8              4.0 x 10<SUP>4       1.1 x 10<SUP>6       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
C-11...........................  Carbon(6)........          1               27        0.5             13.5              3.1 x 10<SUP>7       8.4 x 10<SUP>8       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Cm-244.........................  .................          4              108        4 x 10<SUP>-4        1.08 x 10<SUP>-2       3.0             8.1 x 10<SUP>5       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Es-253.........................  Einsteinium(99)<SUP>a.        200             5400        2.1 x 10<SUP>-2      5.4 x 100<SUP>-1       .........<SUP>.....  .........<SUP>......<SUP>.
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Eu-150.........................  .................          0.7             18.9      0.7             18.9              6.1 x 10<SUP>4       1.6 x 10<SUP>6       
Eu-155.........................  .................         20              541        2               54.1              1.8 x 10<SUP>1       4.9 x 10<SUP>2       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
F-18...........................  Fluorine(9)......          1               27.0      0.5             13.5              3.5 x 10<SUP>6       9.5 x 10<SUP>7       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Fe-59..........................  .................          0.8             21.6      0.8             21.6              1.8 x 10<SUP>3       5.0 x 10<SUP>4       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Fm-257.........................  .................         10              270        8 x 10<SUP>-3        21.6 x 10<SUP>-1       .........<SUP>.....  .........<SUP>.......
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Gd-148.........................  .................          3               81.1      3 x 10<SUP>-4        8.11 x 10<SUP>-3       1.2             3.2 x 10<SUP>1       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pd-107.........................  .................  Unlimited        Unlimited        Unlimited       Unlimited         1.9 x 10<SUP>-5      5.1 x 10<SUP>-4      
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pt-197m........................  .................         10              270        0.9             24.3              3.7 x 10<SUP>5       1.0 x 10<SUP>7       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Rn-222.........................  Radon(86)........          0.2              5.41     4x10<SUP>-3          0.108             5.7x10<SUP>3         1.5 x 10<SUP>5       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 20753]]




Sec. 173.443  [Amended]

    20. In Sec. 173.443, in paragraph (a)(2), Table 11 is amended for 
the first entry, in column 2 by removing ``0.41'' and adding ``0.4'' 
and, in column 3 by removing the number ``0<SUP>-5'' and adding 
``10<SUP>-5''.


Sec. 173.465  [Amended]

    21. In Sec. 173.465, paragraph (a), the word ``compression''is 
removed and ``stacking'' is added in its place and, in paragraph 
(e)(1), the wording ``(1.3 inches)''is removed and ``(1.25 inches)'' is 
added in its place.

PART 174--CARRIAGE BY RAIL

    22. The authority citation for part 174 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 174.700

  [Amended]

    23. In Sec. 174.700, in paragraph (b), the word ``rail'' is removed 
and ``rail car'' is added in its place.

PART 176--CARRIAGE BY VESSEL

    24. The authority citation for part 176 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 176.704  [Amended]

    25. In Sec. 176.704, in paragraph (c), the wording ``LSA-I'' is 
removed and ``LSA'' is added in its place.

    Issued in Washington, DC on April 23, 1996, under authority 
delegated in 49 CFR part 1.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. 96-11297 Filed 5-7-96; 8:45 am]
BILLING CODE 4910-60-P