Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20747

rules because it identified two technical

problems that might compromise the

privacy of calling parties. Sprint

indicated that one of the problems could

be corrected by the end of April 1996,

while the other could be corrected by

the end of July 1996.

This request for additional time to

comply with the Commission’s caller ID

rules presented the Bureau with the

undesirable choice between (1) granting

the requested waiver and temporarily

frustrating the Commission’s federal

objective of widespread CPN

availability, or (2) denying the waivers

and temporarily frustrating the

Commission’s federal privacy

objectives. The Bureau determined that

compromising the privacy of callers

would be unacceptable. Therefore,

Sprint was granted a waiver until June

1, 1996 of the Commission’s rule that

requires carriers to pass CPN. The

Bureau did not grant additional time to

Sprint beyond this date because (1) It

found that Sprint had provided

inadequate information to allow a

determination whether a waiver of the

Commission’s CPN rules until July 31,

1996 would be in the public interest,

and (2) it believed that Sprint may have

adequate time to correct both problems

by June 1, 1996. Additionally, the

Bureau noted that on June 1, 1996 the

Commission’s stay applicable to

interstate calls made to and from

California expires and that the Bureau

sought to avoid unnecessary customer

confusion associated with interstate

calls that do not contain caller ID

information beyond this date. The

Bureau indicated that by granting this

waiver until June 1, 1996 and denying

Sprint’s request for additional time, the

major sources of customer confusion

related to interstate caller ID will be

eliminated as of June 1, 1996.

The Bureau conditioned the waiver

on the requirement that Sprint file two

reports with the Bureau indicating the

progress of steps being taken to ensure

compliance. Finally, the Bureau

reiterated that it would not tolerate

repeated compliance delays and that, if

appropriate, it would take enforcement

action.

Ordering Clauses

It is ordered, pursuant to Section 1.3

of the Commission’s rules, 47 CFR 1.3,

and authority delegated in Section 0.91

of the Commission’s rules, 47 CFR 0.91,

and Section 0.291 of the Commission’s

rules, 47 CFR 0.291, that Sprint’s

request for a waiver of Section

64.1601(a) and Section 64.1603 of the

Commission’s rules is granted in part

and denied in part. This waiver is

effective until June 1, 1996, and is

subject to the conditions specified

herein.

It is further ordered that this order is

effective upon release.

List of Subjects in 47 CFR Part 64

Calling party number identification

(caller ID), Communications common

carriers, Privacy, Telephone.

Federal Communications Commission.

Geraldine Matise,

Chief, Network Services Division, Common

Carrier Bureau.

[FR Doc. 96–11383 Filed 5–7–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 90–45; RM–7121]

Radio Broadcasting Services; Madera

and Clovis, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document reallots

Channel 221B1 from Madera to Clovis,

California, and modifies the license of

KZFO Broadcasting, Inc. for Station

KZFO(FM), as requested, pursuant to

the provisions of Section 1.420(i) of the

Commission’s Rules. See 55 FR 7509,

published March 2, 1990; see also 56 FR

42966, published August 30, 1991. The

allotment of Channel 221B1 to Clovis

will provide a first local FM service to

the community without depriving

Madera of local aural transmission

service. Coordinates used for Channel

221B1 at Clovis are 36–55–50 and 119–

38–38. With this action, the proceeding

is terminated.

EFFECTIVE DATE: May 8, 1996.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 90–45,

adopted April 11, 1996, and released

April 29, 1996. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, located at

1919 M Street, NW., Room 246, or 2100

M Street, NW., Suite 140, Washington,

DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under California, is

amended by removing Channel 221B1 at

Madera, and adding Clovis, Channel

221B1.

Federal Communications Commission.

Andrew J. Rhodes,

Acting Chief, Allocations Branch, Policy and

Rules Division, Mass Media Bureau.

[FR Doc. 96–11381 Filed 5–7–96; 8:45 am]

BILLING CODE 6712–01–F

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.

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.
20748 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

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 § 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 § 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 § 172.803, which

stated that RSPA should not limit the

category of people who are permitted to

make the evaluation described in

§ 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 § 172.803(d)(1)(ii), a

person’s competency to make the

determination described in

§ 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 § 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 § 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 § 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 § 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 § 173.427,

paragraph (a)(3) is revised by adding a

reference to ‘‘§ 173.467’’ to make it clear

that fissile packages must comply with

the provisions of § 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 NRCapproved 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 A1

and A2 values in § 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.
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 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.

§ 172.101 [Amended]

2. In § 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 § 172.203, paragraphs (d)(1) and

(d)(2) are revised to read as follows:

§ 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 § 173.435 of this subchapter.

For mixtures of radionuclides, the

radionuclides that must be shown must

be determined in accordance with

§ 173.433(f) of this subchapter.

Abbreviations, e.g., ‘‘99Mo’’, are

authorized.

* * * * *

§ 172.310 [Amended]

3a. In § 172.310, in paragraph (b), the

wording ‘‘Packaging must’’ is removed

and ‘‘Each packaging must’’ is added in

its place.
20750 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

§ 172.403 [Amended]

4. In § 172.403, the following

amendments are made:

a. In paragraph (a), the reference

‘‘§§ 173.421 through 173.425’’ is revised

to read ‘‘§§ 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.

§ 172.803 [Amended]

5. In § 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=11⁄2 Radii

3=5 radii for markings and labels

41⁄2 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.

§ 173.403 [Amended]

8. In § 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’’.

§ 173.410 [Amended]

9. In § 173.410, paragraph (f) is

amended by removing the phrase ‘‘(see

§ 178.608 of this subchapter)’’ and by

revising the phrase ‘‘(see §§ 173.24 and

173.24a)’’ to read ‘‘(see §§ 173.24,

173.24a, and 173.24b)’’.

§ 173.411 [Amended]

10. In § 173.411, in paragraph

(b)(2)(ii), the words ‘‘greater than 20%

increase’’ are revised to read

‘‘significant increase’’.

11. In § 173.417, in paragraph (a)(7),

Table 3 is revised, and paragraph (b)(2)

is revised to read as follows:

§ 173.417 Authorized fissile materials

packages.

(a) * * *

(7) * * *

TABLE 3.—ALLOWABLE CONTENT OF URANIUM HEXAFLUORIDE (UF6) ‘‘HEELS’’ IN A SPECIFICATION 7A CYLINDER

Maximum cylinder diameter Cylinder volume Maximum

uranium-235

enrichment

(weight percent)

Maximum ‘‘Heel’’ weight per cylinder

Centimeters Inches Liters Cubic feet

UF6 Uranium-235

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 1108.9 4.5 22.7 50.0 0.690 1.52

122.0 48 4,041.0 2142.7 4.5 22.7 50.0 0.690 1.52

1 10 ton.

2 14 ton.

* * * * *

(b) * * *

(2) DOT Specification 6M (§ 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 °C (250 °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 (§ 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
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20751

inner containment vessel specified in

§ 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 PACKAGES1

Uranium-2335 Uranium-2354,7 Plutonium2

,

3,4

Minimum

transport

index

Maximum

no. pkgs.

transported as

a fissile

material

control

shipment

Metal or

alloy Compounds Metal oralloy Compounds Metal oralloy Compounds

H/X=08 H/X=0 H/X<=3 H/X=0 H/X=0 H/X<=3 H/X=0 H/X=0 H/X<=3

0.5 0.5 0.5 1.6 1.6 1.6 90.9 90.9 90.9 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 64.2 5.2 3.5 8.7 9.6 6.4 3.4 4.5 4.1 0.2 625 65.2 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

1Quantity 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.

4For 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). 6Granulated or powdered metal with any particle less than 6.4 millimeters (0.25 inch) in the smallest dimension is not authorized.

7Except 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.

9For Pu–238, the limit is 0.02 kg because of the 10 watt thermal decay heat limitation.

* * * * *

12. In § 173.422, paragraph (b)(3) is

added to read as follows:

§ 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.

§ 173.422 [Amended]

13. In addition, in § 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 § 173.425, Table 7 is revised to

read as follows:

§ 173.425 Table of activity limits—

excepted quantities and articles.

* * * * *

TABLE 7.—ACTIVITY LIMITS FOR LIMITED QUANTITIES, INSTRUMENTS, AND ARTICLES

Nature of contents

Instruments and articles

Materials package

limits Limits for each 1

instrument or article 1

Package limits 1

Solids:

Special form ........................................................................................................ 10¥2A1 A1 10¥3A1

Normal form ........................................................................................................ 10¥2A2 A2 10¥3A2

Liquids:

Tritiated water:

<0.0037 TBq/liter (0.1 Ci/L) ......................................................................... 37 TBq (1,000 Ci)

0.0037 TBq to 0.037 TBq/L (0.1 Ci to 1.0 Ci/L) .......................................... 3.7 TBq (100 Ci)

>0.037 TBq/L (1.0 Ci/L) ............................................................................... 0.037 TBq (1.0 Ci)

Other Liquids ....................................................................................................... 10¥3A2 10¥1A2 10¥4A2

Gases:

Tritium 2 ............................................................................................................... 2 x 10¥2A2 2 x 10¥1A2 2 x 10¥2A2

Special form ........................................................................................................ 10¥3A1 10¥2A1 10¥3A1

Other form ........................................................................................................... 10¥3A2 10¥2A2 10¥3A2

1For mixtures of radionuclides see § 173.433(d). 2These values also apply to tritium in activated luminous paint and tritium adsorbed on solid carriers.
20752 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

§ 173.426 [Amended]

15. In § 173.426, paragraph (c), the

reference ‘‘§ 173.421 (b), (c), and (d)’’ is

revised to read ‘‘§ 173.421(a) (2), (3) and

(4)’’.

16. In § 173.427, paragraphs (b)(4) and

(b)(5) are added to read as follows:

§ 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

§ 173.416.

* * * * *

§ 173.427 [Amended]

17. In addition, in § 173.427, the

following amendments are made:

a. In paragraph (a)(3), the reference

‘‘§ 173.451’’ is revised to read

‘‘§§ 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’’.

§ 173.428 [Amended]

18. In § 173.428, in the introductory

text, the word ‘‘expected’’ is revised to

read ‘‘excepted’’ and, in paragraph (a),

the reference ‘‘§ 173.421 (b), (c), and (e)’’

is revised to read ‘‘§ 173.421(a) (2), (3),

and (5)’’.

19. In § 173.435, in the Table of A1

and A2 values for radionuclides, the

following entries are revised to read as

follows:

§ 173.435 Table of A1 and A2 values for

radionuclides.

* * * * *

Symbol of radionuclide Element and atomic

number A1 (TBq) A1 (Ci) A2 (TBq) A2 (Ci)

Specific activity

(TBq/g) (Ci/g)

* * * * * * *

Ag-110m ........................ ....................................... 0.4 10.8 0.4 10.8 1.8×102 4.7×103

* * * * * * *

Am-242m ....................... ....................................... 2 54.1 2×10¥4 5.4.1×10¥3 3.6×10¥1 1.0×101

* * * * * * *

Ar-39 .............................. ....................................... 20 541 20 541 1.3 3.4×101

* * * * * * *

Br-82 .............................. ....................................... 0.4 10.8 0.4 10.8 4.0×104 1.1×106

* * * * * * *

C–11 .............................. Carbon(6) ...................... 1 27 0.5 13.5 3.1×107 8.4×108

* * * * * * *

Cm-244 .......................... ....................................... 4 108 4×10¥4 1.08×10¥2 3.0 8.1×105

* * * * * * *

Es-253 ........................... Einsteinium(99)a ............ 200 5400 2.1×10¥2 5.4×100¥1

* * * * * * *

Eu-150 ........................... ....................................... 0.7 18.9 0.7 18.9 6.1×104 1.6×106

Eu-155 ........................... ....................................... 20 541 2 54.1 1.8×101 4.9×102

* * * * * * *

F–18 .............................. Fluorine(9) ..................... 1 27.0 0.5 13.5 3.5×106 9.5×107

* * * * * * *

Fe-59 ............................. ....................................... 0.8 21.6 0.8 21.6 1.8×103 5.0×104

* * * * * * *

Fm-257 .......................... ....................................... 10 270 8×10¥3 21.6×10¥1

* * * * * * *

Gd-148 ........................... ....................................... 3 81.1 3×10¥4 8.11×10¥3 1.2 3.2×101

* * * * * * *

Pd-107 ........................... ....................................... Unlimited Unlimited Unlimited Unlimited 1.9×10¥5 5.1×10¥4

* * * * * * *

Pt-197m ......................... ....................................... 10 270 0.9 24.3 3.7×105 1.0×107

* * * * * * *

Rn-222 ........................... Radon(86) ..................... 0.2 5.41 4x10¥3 0.108 5.7x103 1.5×105

* * * * * * *
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20753

§ 173.443 [Amended]

20. In § 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¥5’’ and adding

‘‘10¥5’’.

§ 173.465 [Amended]

21. In § 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.

§ 174.700 [Amended]

23. In § 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.

§ 176.704 [Amended]

25. In § 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