[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Rules and Regulations]
[Page 58841-58843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-15]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171 and 173
[Docket No. RSPA-99-6283 (HM-230)]
RIN 2137-AD40
Hazardous Materials Regulations; Compatibility With the
Regulations of the International Atomic Energy Agency; Correction;
Final Rule
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is correcting errors in a final rule in this docket,
published in the Federal Register on September 13, 2004, that amended
requirements in the Hazardous Materials Regulations (HMR) pertaining to
the transportation of radioactive materials based on changes contained
in the International Atomic Energy Agency (IAEA) publication, entitled
``IAEA Safety Standards Series: Regulations for the Safe Transport of
Radioactive Material,'' 1996 Edition, No. TS-R-1.
DATES: Effective Date: This final rule is effective on October 1, 2004.
FOR FURTHER INFORMATION CONTACT: Dr. Fred D. Ferate II, Office of
Hazardous Materials Technology, (202) 366-4545, or Charles E. Betts,
Office of Hazardous Materials Standards, (202) 366-8553; Research and
Special Programs Administration, U.S. Department of Transportation, 400
Seventh Street SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On January 26, 2004, the Research and Special Programs
Administration (RSPA, we) published a final rule under Docket HM-230
(69 FR 3632) amending requirements in the HMR pertaining to the
transportation of radioactive materials based on changes contained in
the IAEA publication entitled ``IAEA Safety Standards Series:
Regulations for the Safe Transport of Radioactive Material,'' 1996
Edition, No. TS-R-1. On September 13, 2004, we published a final rule
(69 FR 55113) that made corrections to the January 26, 2004 final rule.
This document corrects editorial and technical errors in the
September 13, 2004 final rule which have come to our attention.
II. Section-by-Section Review
Part 171
Section 171.11
In paragraph (d)(6)(i), we are correcting a typographical error.
Part 173
Section 173.403
In Sec. 173.403, we are correcting certain inadvertent omissions
in the definition for ``Low Specific Activity (LSA) material.''
Section 173.411
Paragraph (b)(2)(ii) is corrected to retain the wording that
currently appears in the HMR, which was inadvertently changed in the
September 13, 2004 final rule.
Section 173.427
Paragraph (b)(4) is corrected to specify that, for domestic
transportation, exclusive use shipment of Low Specific Activity (LSA)
material and Surface Contaminated Object (SCO) must be less than an
A2 quantity when in a packaging which meets the requirements
of Sec. Sec. 173.24, 173.24a, and 173.410. The current wording
specifies that the shipment must be less than or equal to an
A2 quantity.
III. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant action under section 3(f) of
Executive Order 12866 and was not reviewed by the Office of Management
and Budget. This final rule is not a significant action under the
Regulatory Policies and Procedures of the Department of Transportation.
The revisions adopted in this final rule do not alter the cost-benefit
analysis and conclusions contained in the Regulatory Evaluation
prepared for the January 26, 2004 final rule. The Regulatory Evaluation
is available for review in the public docket for this rulemaking.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian tribe requirements, but
does not propose any regulation that has direct effects on the States,
the relationship between the national government and the States, or the
distribution of power and responsibilities among the various levels of
government. Therefore, the consultation and funding requirements of
Executive Order 13132 do not apply.
[[Page 58842]]
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses the classification, packaging, marking,
labeling, and handling of hazardous material, among other covered
subjects and preempts any State, local, or Indian tribe requirements
not meeting the ``substantively the same'' standard. This rule is
necessary to incorporate changes already adopted in international
standards. If the amendments adopted in this final rule were not made,
U.S. companies, including numerous small entities competing in foreign
markets, will be at an economic disadvantage. These companies would be
forced to comply with a dual system of regulation. The amendments are
intended to avoid this result.
Federal hazardous materials transportation law provides at 49
U.S.C. Sec. 5125(b)(2) that, if the Secretary of Transportation issues
a regulation concerning any of the covered subjects, the Secretary must
determine and publish in the Federal Register the effective date of
Federal preemption. The 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. The effective date of our January
26, 2004 final rule, including the effective date of Federal preemption
is October 1, 2004. Because this final rule makes editorial
corrections, the effective date of Federal preemption of this final
rule is also October 1, 2004.
C. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply and a tribal summary impact statement is not
required.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Polices
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines a rule is not expected to have a
significant economic impact on a substantial number of small entities.
The corrections contained in this final rule will have little or no
effect on the regulated industry. Based on the assessment in the
regulatory evaluation, to the January 26, 2004 final rule, I hereby
certify that, while this rule applies to a substantial number of small
entities, there will not be a significant economic impact on those
small entities. A detailed regulatory flexibility analysis prepared for
the January 26, 2004 final rule is available for review in the docket.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
E. Paperwork Reduction Act
This final rule imposes no new information collection requirements.
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.
G. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local, or tribal governments,
in the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.
H. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. The Nuclear Regulatory Commission (NRC) prepared an
environmental assessment (EA) of ``Major Revision to Packaging and
Transportation of Radioactive Material Regulations,'' Final Report,
March 2002, on its final rule which addresses issues also raised in
this rulemaking. On the basis of this EA, we find that there are no
significant environmental impacts associated with this final rule. A
copy of the environmental assessment prepared by the NRC is available
for review in the docket.
I. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
0
In consideration of the foregoing, we are making the following
corrections to FR Doc. 04-20549, appearing on page 55113 in the Federal
Register of Monday, September 13, 2004:
PART 171--[CORRECTED]
0
1. On page 55116, in Sec. 171.11, in paragraph (d)(6)(i), correct the
reference ``Sec. 173.203(d)(10)'' to read ``Sec. 172.203(d)(10)''.
[[Page 58843]]
PART 173--[CORRECTED]
0
2. On page 55116, in Sec. 173.403, in the definition for ``Low
Specific Activity (LSA) material,'' correct the introductory paragraph,
and paragraphs (1)(iii), (3)(i) and (3)(ii) to read as follows:
Sec. 173.403 Definitions.
* * * * *
Low Specific Activity (LSA) material means Class 7 (radioactive)
material with limited specific activity which satisfies the
descriptions and limits set forth below. Shielding material surrounding
the LSA material may not be considered in determining the estimated
average specific activity of the package contents. LSA material must be
in one of three groups:
(1) * * *
(iii) Radioactive material other than fissile material, for which
the A2 value is unlimited; or
* * * * *
(3) * * *
(i) The radioactive material is distributed throughout a solid or a
collection of solid objects, or is essentially uniformly distributed in
a solid compact binding agent (such as concrete, bitumen, ceramic,
etc.);
(ii) The radioactive material is relatively insoluble, or it is
intrinsically contained in a relatively insoluble material, so that,
even under loss of packaging, the loss of Class 7 (radioactive)
material per package by leaching when placed in water for seven days
would not exceed 0.1 A2; and
* * * * *
0
3. On page 55117, in the first column, in Sec. 173.411, correct
paragraph (b)(2)(ii) to read as follows:
Sec. 173.411 Industrial packagings.
* * * * *
(b) * * *
(2) * * *
(ii) A significant increase in the radiation levels recorded or
calculated at the external surfaces for the condition before the test.
* * * * *
0
4. On page 55118, in the third column, in Sec. 173.427, correct
paragraph (b)(4) 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) In a packaging which meets the requirements of Sec. Sec.
173.24, 173.24a, and 173.410, but only for domestic transportation of
an exclusive use shipment that is less than an A2 quantity.
* * * * *
Issued in Washington, DC, on September 24, 2004 under authority
delegated in 49 CFR Part 1.
Samuel G. Bonasso,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 04-22145 Filed 9-30-04; 8:45 am]
BILLING CODE 4910-60-P