95-22773. Hazardous Materials Transportation Regulations; Compatibility with Regulations of the International Atomic Energy Agency  

  • [Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
    [Rules and Regulations]
    [Pages 50292-50336]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-22773]
    
    
    
    
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    Part III
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Research and Special Programs Administration
    
    
    
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    49 CFR Part 171, et al.
    
    
    
    Hazardous Materials, Transportation Regulations; Compatibility with 
    Regulations of the International Atomic Energy Agency; Final Rule
    
    Federal Register / Vol. 60, No. 188 / Thursday, September 28, 1995 / 
    Rules and Regulations 
    
    [[Page 50292]]
    
    
    DEPARTMENT OF TRANSPORTATION
    
    Research and Special Programs Administration
    
    49 CFR Parts 171, 172, 173, 174, 175, 176, 177, and 178
    
    [Docket No. HM-169A; Amdt. Nos. 171-135, 172-143, 173-244, 174-80, 175-
    53, 176-37, 177-85, 178-109]
    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.
    
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    SUMMARY: This final rule amends 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 are made to provide a more uniform degree of safety for various 
    types of shipments, such as requiring offerors and carriers to maintain 
    written radiation protection programs, revisions to the definition 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. However, the basic 
    standards for packaging radioactive materials remain unchanged. The 
    intended effect of this rulemaking is to increase the level of safety 
    and facilitate international commerce concerning the transportation of 
    radioactive materials. Elsewhere in todays Federal Register, the 
    Nuclear Regulatory Commission (NRC) has published a corresponding final 
    rule to its transportation regulations found in 10 CFR Part 71.
    
    DATES: Effective date. The effective date of these amendments is April 
    1, 1996.
        Incorporation by reference date: The incorporation by reference of 
    certain publications listed in this amendment is approved by the 
    Director of the Federal Register as of April 1, 1996.
        Compliance date. Voluntary compliance with these regulations, as 
    amended herein, is authorized as of November 1, 1995.
    
    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 November 14, 1989, RSPA published a notice of proposed 
    rulemaking (NPRM; Notice No. 89-8; 54 FR 47454) under Docket HM-169A 
    proposing to amend the Hazardous Materials Regulations (HMR; 49 CFR 
    Parts 171-180) pertaining to the transportation of radioactive 
    materials so that the HMR would be consistent with IAEA Safety Series 
    No. 6, ``Regulations for the Safe Transport of Radioactive Material 
    Revised 1985 and Supplemented 1988'' (IAEA SS6-85). An extension of 
    time to file comments until May 11, 1990, was published in the Federal 
    Register on February 8, 1990 (55 FR 4445).
    
    II. Comments Received
    
        A total of 56 comments were received, representing the views of 
    Federal and State agencies, power utilities, and offerors and carriers 
    of radioactive materials. All commenters were in general agreement with 
    the NPRM, but expressed concerns on various topics. Several commenters 
    requested that RSPA issue a second NPRM incorporating the knowledge 
    gained from the comments received. RSPA does not agree that a second 
    NPRM is needed or desirable. RSPA believes that the issues addressed in 
    this Docket should not be delayed further and that the merits of 
    comments have been addressed in this final rule, alleviating the need 
    for another NPRM to be issued under Docket HM-169A.
        RSPA received many comments that were editorial and general in 
    nature and some comments that raised issues beyond the scope of this 
    rulemaking. All of the comments that correctly pointed out editorial 
    errors in the NPRM are adopted. Comments that are beyond the scope of 
    this rulemaking are not adopted, and, generally, have not been 
    discussed in this preamble. Other comments to Notice No. 89-8 are 
    discussed in the applicable parts of Section III and IV of this 
    preamble.
    
    III. Discussion of Amendments
    
        While this final rule amends extensive portions of the regulations 
    dealing with the transportation of radioactive materials, the majority 
    of the changes are not substantive. Many changes involve the revision 
    of section and paragraph numbers and their references and the 
    incorporation of the International System of Units (SI units) for 
    radiological measurements, where appropriate. In addition, some 
    sections are rewritten to provide clarity without changing their 
    subject matter. Although not all of 49 CFR Part 173, Subpart I, 
    entitled ``Radioactive Materials'', has been amended, it is reissued in 
    its entirety for convenience of the reader. Substantive changes are 
    discussed in the following paragraphs.
    
    A. Radiation Protection
    
        On January 27, 1987, the Environmental Protection Agency (EPA) 
    published a document entitled, ``Radiation Protection Guidance to 
    Federal Agencies for Occupational Exposure: Recommendations Approved by 
    the President.'' Among its recommendations, EPA specified that no 
    exposure should occur unless an overall benefit is derived from the 
    activity causing the exposure; that radiation doses must be maintained 
    as low as is reasonably achievable (ALARA); that the annual effective 
    dose equivalent be limited to 50 millisieverts (mSv) (5 rem) to the 
    whole body, 150 mSv (15 rem) to lens of the eye, and 500 mSv (50 rem) 
    to any other organ, tissue or extremity of the body; that occupational 
    exposure for individuals under the age of 18 not exceed 1/10 of the 
    values recommended for radiation workers; and that the dose equivalent 
    to an embryo-fetus as a result of the occupational exposure of a woman 
    who has declared herself to be pregnant should not exceed 5 mSv (500 
    mrem) during the entire gestation period.
        In establishing the requirements for radiation protection programs 
    in this rule, RSPA believes they are consistent with the intent of the 
    requirements issued by EPA. RSPA views the radiation exposures being 
    received by workers and the general public as offset by beneficial uses 
    of radioactive material. These benefits are not possible without 
    transportation. The required radiation protection program must keep all 
    radiation exposures as low as reasonably achievable (ALARA), which is 
    also a basic requirement of the EPA guidance. The radiation dose limit 
    specified for workers is 50 mSv (5 rem) per year, which is the whole 
    body dose limit specified in the EPA guidance; and similarly workers 
    are not subject to a radiation protection program if the expected 
    annual radiation dose is less than 5 mSv (500 mrem). The radiation dose 
    limit for an embryo-fetus carried by a female worker who has declared 
    her pregnancy is consistent with the EPA requirements. The radiation 
    protection program has elements that involve training workers, 
    maintaining records, and providing certain kinds of information to 
    workers and to RSPA. 
    
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        The EPA guidance provides different limits for organs and parts of 
    the body, which include concerns for radiation doses that may result 
    from radioactive material being deposited in a person's body. RSPA 
    recognizes the existence of these more detailed requirements that 
    typically relate to fixed facilities. However, for purposes of 
    transportation, RSPA believes the whole body radiation dose due to 
    external radiation exposure is the primary concern and adequately 
    represents the potential risk to workers and members of the general 
    public. Therefore, these regulations impose requirements only on the 
    whole body radiation doses received due to exposure to external sources 
    of ionizing radiation.
        In the NPRM, RSPA proposed to satisfy the 50 mSv (5 rem) per year 
    EPA dose limitation for occupationally exposed workers by establishing 
    a three-tiered radiation protection program based on provisions in the 
    IAEA transportation regulations. In the proposed rule, no special work 
    patterns or monitoring would have been required for workers receiving a 
    dose less than 5 mSv (500 mrem) per year. For doses between 5 mSv (500 
    mrem) and 15 mSv (1.5 rem) per year, carriers and other persons would 
    have to determine if special work patterns or monitoring were 
    necessary. For expected doses above 15 mSv (1.5 rem) up to 50 mSv (5 
    rem), individuals would need to be provided radiation dosimetry devices 
    for monitoring doses.
        Most commenters agreed in principle that radiation protection 
    requirements should be extended to transportation and transportation-
    related operations, but objected to some of the mandatory provisions. 
    Several commenters were concerned about the ability of offerors and 
    carriers to determine their applicable ``tier''. The Department of 
    Energy (DOE) stated that carriers need criteria to evaluate the three 
    levels. DuPont stated that transport index is the only quantitative 
    information available to carriers in order to determine if a radiation 
    protection program is necessary. The Hazardous Materials Advisory 
    Council (HMAC) stated that, in making an initial assessment of exposure 
    to determine the appropriate tier of control, a carrier has only a 
    single piece of information to work from: the transport index (TI). 
    HMAC went on to say that DOT should offer specific implementing 
    guidelines on developing a radiation protection program. Other 
    commenters stated that specific guidelines should be issued in order 
    for offerors and carriers to develop a radiation protection program.
        On the basis of the data submitted to the docket, RSPA concurs with 
    those commenters who stated that the three-tiered approach for 
    determining the scope of a radiation protection program is too 
    difficult and costly for most offerors and carriers to implement. RSPA 
    also concurs with those commenters that stated that TI is the best data 
    available to offerors and carriers in order to determine if a radiation 
    protection program is necessary. Therefore, RSPA is replacing the 
    three-tier approach with a radiation protection program based on the 
    total TI that is handled by an offeror or carrier during a period of 
    one year. A radioactive materials transportation activity involving 
    handling packages with TI's totaling 200 or more in a period of one 
    year is established as a threshold condition which would require a 
    hazardous materials (hazmat) employer to implement a radiation 
    protection program. Persons are excepted from the requirements of 
    establishing a radiation protection program if they handle less than 
    200 TI in any 12-month period. Therefore, persons who offer or accept 
    only WHITE-I or limited quantity radioactive material packages are 
    excepted from the radiation protection program requirements.
        Another exception for not establishing a radiation protection 
    program is established for offeror and carriers who handle more than 
    200 TI per year. This exception involves having a qualified radiation 
    protection specialist to evaluate the doses that workers might receive 
    during a period of one year while handling radioactive materials during 
    transportation. If the evaluation shows that no worker would be 
    expected to receive a dose of 5 mSv (500 mrem) in one year, then a 
    radiation protection program is not required.
        If an offeror or carrier of radioactive materials is excepted from 
    establishing a radiation protection program, they must maintain certain 
    records and make them available to RSPA or other authorized officials 
    upon request. The records must show that either the total TI of 
    packages transported in any 12-month period is less than 200, or that 
    the current radioactive materials transport activities are the same as 
    the activities that were reviewed by a competent radiation protection 
    specialist whose evaluation demonstrated that no worker will receive a 
    dose exceeding 5 mSv (500 mrem) in one year and that radiation doses to 
    members of the general public are acceptably low.
        The 200-TI threshold for relief from the radiation protection 
    program requirements is based on findings in NUREG/CR-2200, ``Radiation 
    Exposure of Transportation Workers Handling Large Quantities of 
    Radioactive Packages.'' This study determined that the highest exposure 
    from transporting radioactive materials was from handling of the 
    packages, and found that the average exposure index (i.e., the 
    collective dose to workers per total TI) for handling packages was 
    about 0.45 person mrem/TI. This value is supported by findings 
    presented in NUREG-0154, ``Exposure of Airport Workers to Radiation 
    From Shipments of Radioactive Materials''. This value is also supported 
    by data on file from holders of exemptions E-10045 and E-8308. Using 
    the value of 0.45 (person mrem/TI) for those activities involving an 
    annual TI of 200 or less, annual radiation doses should not exceed the 
    recommended levels for members of the general public.
        Offerors and carriers subject to the radiation protection program 
    are required to develop and implement a written radiation protection 
    program that prohibits a person from receiving an occupational exposure 
    (dose) of 12.5 mSv (1.25 rem) in any 3-month period or 50 mSv (5 rem) 
    in any 12-month period. To document that no person has received such a 
    dose, all occupationally exposed hazmat employees are required to be 
    monitored by radiation dosimetry devices such as film badges. In 
    conjunction with hazardous materials safety training requirements of 
    Sec. 172.704, hazmat employers of occupationally exposed hazmat 
    employees must implement procedures to reduce the exposures of hazmat 
    employees to ionizing radiation to levels that are as low as reasonably 
    achievable (ALARA). In addition, radiation protection programs must be 
    developed and implemented in accordance with the EPA guidance. In order 
    to provide offerors and carriers with the flexibility to tailor a 
    radiation protection program to their specific operations, and because 
    no set of guidelines could accommodate all of the possible activities 
    that are involved in the transportation of radioactive materials, RSPA 
    refrains from imposing a specific set of guidelines on developing a 
    radiation protection program. RSPA understands the complexities 
    involved in developing and instituting a radiation protection program 
    and is delaying compliance with these requirements until October 1, 
    1997.
        Several commenters claimed that a radiation protection program 
    based on the ALARA principles would be ``too subjective'' and would be 
    difficult both to apply and to enforce and, thus, 
    
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    should not be adopted as a mandatory requirement in the HMR. RSPA 
    acknowledges the difficulties of enforcing a radiation protection 
    program that is based on the principles of ALARA. However, the EPA 
    guidance, and the radiation programs requirements of the NRC and the 
    Occupational Safety and Health Administration are based on ALARA 
    principles. The principle of reduction of exposure to levels that are 
    ALARA is typically implemented in two different ways. First, it is 
    applied to the design of the facility so as to reduce, prospectively, 
    the anticipated exposure of workers. Second, it is applied to actual 
    operations; that is work practices are designed and carried out to 
    reduce the exposure of workers. Effective implementation of the ALARA 
    principles involves: education of workers concerning the health risks 
    of exposure to radiation; training in regulatory requirements and 
    procedures to control exposure levels and doses; and management and 
    supervision of radiation protection activities, including the choice 
    and implementation of radiation control measures. RSPA believes that 
    adoption of the ALARA principles as a requirement in the HMR is an 
    important facet of a radiation protection program, and, therefore, is 
    not adopting these commenters request to adopt the ALARA principles as 
    a non-mandatory requirement.
        As noted above, radiation protection programs must be developed and 
    implemented in accordance with the EPA guidance. In order to make it 
    easier for the regulated community to comply with the radiation 
    protection program requirements, RSPA has extracted from the EPA 
    guidance and placed in the HMR some of the more important aspects of 
    the EPA guidance. These include the limits on exposure to pregnant 
    females and persons under the age of 18, and recordkeeping 
    requirements.
        Though RSPA is not imposing a specific set of guidelines to be 
    followed in developing a radiation protection program, RSPA is 
    referencing two reports from the National Council on Radiation 
    Protection and Measurements (NCRP) which provide useful information in 
    developing and implementing a radiation protection program. NCRP Report 
    No. 116, titled ``Limitation of Exposure to Ionizing Radiation'', 
    addresses limits for workers as well as for members of the general 
    public. That report is essentially consistent with the most recent 
    guidance from the International Commission on Radiological Protection 
    (ICRP) which is also being incorporated into the basic radiation 
    protection standards of the IAEA. In NCRP Report No. 116 the annual 
    radiation dose limit for workers is essentially 20 mSv (2 rem) and the 
    limit for members of the general public is 1 mSv (100 mrem) per year. 
    The report contains many of the requirements in the 1987 EPA Guidance, 
    and 10 CFR Part 20. The recommendations in NCRP Report No. 116 cover 
    existing and probable future radiation dose limits and practices for 
    regulating the radiation doses.
        The other NCRP Report, No. 59 ``Operational Radiation Safety 
    Program'' (1978) is recommended as guidance to be tailored to the needs 
    of a hazmat employer when a radiation protection program needs to be 
    established. The report contains information about organization, 
    activities, emergency planning, equipment, reporting and documentation, 
    facilities, training, personnel qualifications, etc. The information is 
    useful for developing radiation protection programs for small and large 
    corporations.
        In this final rule, the radiation dose limit for members of the 
    general public is the same as those proposed in the NPRM, (i.e., 5 mSv 
    (500 mrem)) per year. This value is consistent with the Federal 
    Radiation Council (FRC) guidance of 1960 and was consistent with the 
    NRC's 10 CFR Part 20 in 1989. Subsequently, NRC revised 10 CFR Part 20 
    and their annual limit for exposures to members of the general public 
    is now 1 mSv (100 mrem) per year. EPA is currently developing guidance 
    for regulatory agencies for limiting radiation exposures for members of 
    the general public, and the anticipated annual limit is expected to be 
    1 mSv (100 mrem) with no single practice or activity causing a person 
    to receive more than a minor fraction of that limit. In a future 
    rulemaking, RSPA will address the new guidance from EPA concerning 
    exposures of the general public.
        A number of commenters questioned the relationship between 
    radiation exposure limits proposed in the NPRM and the minimum 
    separation distances required in the HMR. The DOE noted that, if 
    changes are not made, the occupational dose limits proposed in 
    Sec. 173.405 would be quickly exceeded as a result of the modal 
    requirements in Parts 174-177. RSPA acknowledges the differences 
    between the dose limits established in the radiation protection 
    programs and the dose rate limits related to TI separation distances 
    set forth in Parts 174, 175, 176, and 177. However, RSPA believes that 
    requirements addressing both annual dose limits and TI/separation 
    distances are essential in establishing effective radiation protection 
    standards. Minimization of annual doses received by occupationally 
    exposed workers and members of the general public is the primary 
    objective in any adequate radiation protection program. Although TI/
    separation distance requirements do not, in themselves, assure that 
    annual dose requirements will be met, they comprise minimal operational 
    requirements that must also be satisfied. A carrier may have to impose 
    more restrictive limits in its radiation protection program.
        A number of commenters asked if radiation protection requirements 
    apply only to workers preparing the material for shipment, to workers 
    receiving packages, or to carriers during transport. This confusion 
    arose because the radiation protection program requirements were 
    proposed to be adopted in Part 173. Accordingly, RSPA is clarifying the 
    applicability of the requirements for the radiation protection program 
    by moving the requirements to subpart I in Part 172 in order to clarify 
    that the requirements apply to both offerors and carriers of 
    radioactive materials. In addition, applicable sections have been added 
    to the modal parts in Parts 174, 175, 176 and 177, in order to ensure 
    that carriers are aware of the radiation protection requirements in 
    subpart I of part 172. RSPA agrees with a number of commenters that 
    provisions established in this final rule should not replace or 
    duplicate existing approved radiation protection program requirements. 
    Accordingly, RSPA is adding an exception which states that any 
    radiation protection program already in place and approved by an 
    appropriate federal or state agency is deemed adequate to meet the 
    radiation protection requirements of the HMR.
        Many commenters were concerned about the definitions of several 
    terms, particularly ``transport worker'' and ``general public''. The 
    phrase ``transport worker'' is being replaced by the phrase ``hazmat 
    employee'', which was defined in Sec. 171.8 as a result of Docket HM-
    126F. In the context of radiation protection programs, this term is 
    further refined to include only ``occupationally exposed hazmat 
    employees.'' In this final rule, the term ``general public'' is defined 
    in Sec. 171.8 to include persons other than occupationally exposed 
    hazmat employees.
        Several comments compared the requirement to provide training as to 
    the hazards of radioactive materials and the provisions in Part 172, 
    Subpart H to provide safety training to all hazmat employees. As 
    specified in Part 172, 
    
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    subpart H, hazmat employees must receive safety training in all classes 
    of hazardous materials with which they work; therefore, the requirement 
    proposed in Sec. 173.405(c) to train persons as to the hazards of 
    radioactive materials is no longer necessary and is not adopted in this 
    final rule.
    
    B. Low Specific Activity Material and Surface Contaminated Objects
    
        Based on the provisions contained in IAEA SS6-85, RSPA proposed to 
    revise comprehensively the regulations for the shipment of low specific 
    activity (LSA) radioactive material. A new designation for radioactive 
    material called surface contaminated object (SCO) was also proposed. 
    Unlike LSA, which requires a uniform distribution of radioactive 
    material within the material; materials classified as SCO are not 
    inherently radioactive, rather they are objects with radioactive 
    contamination on their surfaces.
        The proposals for LSA and SCO consisted of the following:
        1. An expansion of the LSA definition to include new types of 
    material;
        2. A new definition of ``surface contaminated object'' (SCO) that 
    is treated in a manner similar to LSA material; and
        3. An increase of specific activity limits for nondispersible, 
    nonrespirable forms of LSA material while at the same time limiting the 
    quantity of LSA material that can be shipped in other than a Type B 
    package to 2 times the A1 value (2A1) for the specific 
    nuclide being transported.
        A new type of package, called the ``industrial package'', was also 
    proposed for the handling of LSA and surface contaminated objects 
    (SCO). Three categories of industrial packages (IP), IP-1, IP-2 and IP-
    3, were proposed. RSPA proposed to require these packages for the 
    shipment of LSA and SCO instead of currently required packages (i.e., 
    either a modified Type A package or a strong, tight (nonspecification) 
    package.
        Commenters raised concerns over various aspects of the proposed 
    regulation of LSA materials, including the proposed definitions, 
    potential increases in packaging costs for LSA materials, and the 
    proposed removal of an exclusive use shipment exception in 
    Sec. 173.425(b). Particularly, commenters objected to requiring Type B 
    packages for the shipments of LSA exceeding 2 times the A1 value 
    of the radionuclide. Commenters claimed that the 2A1 limit was not 
    a close approximation of the IAEA limit of 1 rem/h at 3 meters. 
    Commenters claimed that a closer approximation of the IAEA limit is 4 
    times the A1 value (4A1). Commenters stated that the IAEA 
    limit of 1 rem/h at 3 meters, a limit 4A1, or a combination of the 
    two, should replace the proposed 2A1 limit. One commenter stated 
    that the IAEA limit was impractical and unworkable and favored adoption 
    of a multiple of a A1 approach (i.e., 4A1). However, the 
    Department of Energy stated that the IAEA approach is very practical 
    and that it has been implemented internationally. Another commenter 
    stated that industry can implement the IAEA limit of 1 rem/h at 3 
    meters and requested that RSPA replace the 2A1 limit with the IAEA 
    limit.
        The IAEA added the limit of 10 mSv/hour (1 rem/hour) at 3 meters 
    for the radiation level from the unshielded contents of LSA and SCO 
    packages not designed to withstand accidents. This radiation level 
    limit controls the external radiation exposures to individuals if an 
    LSA package is severely damaged in a transportation accident.
        The IAEA limit considers the loss of package shielding during an 
    accident, but it does not consider the possibility that a package's 
    contents might be released and redistributed, causing a reduction in 
    self-shielding of the contents. The reduction in self-shielding could 
    result in potential accident radiation levels that significantly exceed 
    IAEA's 10 mSv/hour (1 rem /hour) at 3 meters limit.
        The IAEA dose rate limit provides a significant added degree of 
    protection over the 1973 IAEA regulations (which specify no quantity 
    limit for LSA packages). RSPA and NRC did not believe, however that the 
    IAEA limit provided the same level of safety for all types of LSA 
    material, particularly for relatively large quantities of radioactive 
    materials contained in dispersible LSA materials (e.g., resins and 
    other media used in liquid radioactive waste treatment).
        In lieu of the radiation level limit, RSPA and NRC proposed a 
    2A1 quantity limit for all LSA packages. Although this proposal 
    addressed the accident concern by directly limiting package quantity, 
    it was not compatible with the IAEA provisions. Both agencies received 
    many comments on the proposed 2A1 quantity limit that objected to 
    the impacts on occupational dose and shipping costs. Further, the 
    Advisory Committee on Reactor Safeguards (ACRS) issued a letter report, 
    dated December 19, 1994, recommending, inter alia, that the 
    requirements again be reevaluated with the objective of making them 
    equivalent to the IAEA regulations.
        After consideration of ACRS and industry comments, RSPA and NRC 
    have agreed to adopt the IAEA LSA provisions. Accordingly, the final 
    rule imposes a limit on the external radiation level at 3 meters from 
    the unshielded contents of LSA-I, LSA-II, LSA-III, SCO-1, or SCO-II 
    packages of 10 mSv/hour (1 rem/hour).
        Numerous comments addressed the proposed removal of the present 
    authorization for use of Type A packages and exclusive use shipments of 
    strong, tight containers for LSA'materials. Commenters stated that LSA 
    materials pose a minor risk to the public and that there is no 
    justifiable safety reason to replace the currently authorized 
    packagings with the industrial packagings. Commenters also cited an 
    increase in the packaging costs for LSA materials without an equivalent 
    increase in public safety if the Type A, and strong, tight packagings 
    were not allowed for transportation of LSA material. Upon further 
    review of the proposal to remove the Type A packaging and the strong, 
    tight packaging as authorized packagings for LSA materials, RSPA has 
    decided to retain these packagings for the transportation of LSA 
    material because the benefits associated with the proposal are not 
    commensurate with the increase in costs. However, industrial packagings 
    are added as an authorized packaging for LSA material and SCO in order 
    to provide the industry greater flexibility and to facilitate 
    international commerce.
        Several comments addressed the definition of LSA material and SCO. 
    One commenter requested that dewatered material be defined as a solid 
    for LSA-II. LSA-II is expected to include nuclear reactor process 
    wastes, including filter sludge, absorbed liquids, and lower activity 
    resins. RSPA and NRC believe the LSA-II specific activity limit for 
    solids, rather than that for liquids, applies to dewatered resins. 
    Therefore, RSPA and NRC see no need to define dewatered material as a 
    solid for LSA-II.
        Commenters were also concerned about their ability to measure the 
    contamination on inaccessible surfaces of SCO's. Though it is 
    impossible to directly measure the fixed contamination on an 
    inaccessible surface of an object, it is possible to determine the 
    contamination level on the inaccessible surface through physical 
    measurements and mathematical analysis (involving geometric and 
    attenuation factors) of the object.
        One commenter compared the new limits for SCO with existing limits 
    for 
    
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    LSA material in Sec. 173.403 and claimed there was a reduction in the 
    specific activity limits in the proposed rule. RSPA notes that the 
    proposed and final rules for shipping SCO-I contain the same limits for 
    fixed radioactive surface contamination as were present in the previous 
    definition of LSA material. The difference in the SCO-I definition is 
    the addition of the normal package limits on removable external 
    contamination. The change from existing regulations is the addition of 
    the definition of SCO-II for solid objects which are more heavily 
    contaminated on their surfaces then SCO-I objects.
        Some commenters also requested that the definition of LSA-I be 
    expanded to include material generated from the extraction of uranium 
    or thorium. Another commenter recommended that the term ``contaminated 
    soil'' in LSA-I be expanded to include ``soil, earth, concrete rubble 
    and other bulk debris.'' Another commenter expressed concern that mill 
    tailings exceeding 10E-6A2/g could not be shipped in bulk under 
    the proposed rule. The commenter recommended that either mill tailings 
    be specifically included in the definition of LSA-I without an activity 
    or concentration limit, or the specific activity limit for LSA-I be 
    increased to 4x10E-6A2/g.
        RSPA agrees that ore-like materials (materials with highly uniform 
    distribution of small quantities of radionuclides) should be 
    transported as LSA-I material. Accordingly, the definition of LSA-I is 
    expanded from ``contaminated soil'' to ``contaminated soil, mill 
    tailings, concrete rubble and other debris * * * '' RSPA believes that 
    mill tailings will meet the proposed 10E-6A2/g specific activity 
    limit, and therefore, has not increased the limit. For clarity, the 
    proposals contained in Secs. 173.411 and 173.414 have been combined 
    into Sec. 173.411. In Sec. 173.427, reference to IP packagings is 
    followed by a parenthetic reference to Sec. 173.411 to show where the 
    requirements for industrial packagings are found. One commenter 
    requested that the record keeping requirements for IP packagings not 
    apply to IP-1's. RSPA concurs and has revised the final rule 
    accordingly. Some commenters requested that an IP packaging be required 
    to be marked in order to identify that the packaging does meet the 
    appropriate packaging standard. Though RSPA agrees with the commenter's 
    point, RSPA did not propose a marking requirement and, therefore, 
    considers this recommendation outside the scope of the rulemaking. 
    However, RSPA may propose such a requirement in a future rulemaking.
    
    C. International System of Units (SI)
    
        In the NPRM, RSPA proposed that the activity of a package of 
    radioactive materials be described in SI units (i.e., becquerels), 
    consistent with IAEA SS6-85, in lieu of the customary units of curies. 
    Several commenters requested that the use of SI units on shipping 
    papers and labels be required for international shipments only, with 
    domestic shipments using customary units as the standard. The basis of 
    this request appears to be for ease of training of transport workers, 
    emergency responders, and personnel in industry and local governments. 
    It was also noted that most emergency response radiation detection 
    instruments specify readings in customary units only.
        U.S. policies and procedures for conversion to the metric system 
    were formalized by the Metric Conversion Act of 1975 (Pub. L. 94-168, 
    15 U.S.C. 205a). The Act declared that U.S. policy shall be to 
    coordinate and plan the increased use of the metric system. From a 
    safety standpoint, the need for consistency in radioactive materials 
    package identification is critical. All parties potentially having 
    contact with the package must be able to understand the units used in 
    order to establish proper controls. It is recognized that the U.S. 
    conversion to metric units may create special problems since, in order 
    to succeed without jeopardizing safety, the new units must be used, or 
    at least understood, universally.
        It is also recognized that the use of SI units for radioactive 
    material has proceeded internationally. IAEA SS6-85 allows the use of 
    both units with SI units controlling. The International Civil Aviation 
    Organization's Technical Instructions and the International Maritime 
    Dangerous Goods Code (IMDG Code) have required the use of the SI units 
    for several years. The fact that international shipments use SI units 
    could give rise to safety concerns if the U.S. fails to accommodate SI 
    units to or from countries using the internationally accepted units.
        RSPA recognizes the additional training required by this change; 
    however, the safety benefits exceed the costs and it is necessary to 
    proceed with the change to SI units. However, for domestic shipments, 
    shipping papers and labels may be allowed to contain either SI units or 
    the combination of SI and customary units. In addition, RSPA is 
    delaying mandatory compliance with this requirement until April 1, 
    1997.
        Several commenters were also concerned about the inconsistencies 
    between RSPA and NRC proposed rules with regard to units of 
    measurement. RSPA proposed regulatory requirements using SI units 
    followed by customary units in parenthesis. NRC proposed the reverse 
    order. NRC, in its final rule, agreed with RSPA that SI units must be 
    stated first.
    
    D. Expansion of Radionuclide List and Changes in Radionuclide Limits
    
        The table in Sec. 173.435, which provides A1 and A2 
    values, has been expanded by nearly 100 entries to include all 
    radionuclides that have the potential to be transported. Because there 
    now should be few instances where unlisted radionuclides would be 
    transported, the rules for calculating values for unlisted 
    radionuclides have been simplified. However, the determination of 
    limits for unlisted radionuclides, except in a few cases, is subject to 
    RSPA approval.
        IAEA SS6-85 modified the system for determining A2 and A2 
    values. Although this system is based on achieving essentially the same 
    limitations on potential radiological accident hazards as the previous 
    system, the new system has the following advantages:
        1. It states more clearly the radiation protection criteria 
    employed;
        2. It incorporates the data and conclusions on metabolic pathways 
    provided during the years 1977-1981 by the International Commission on 
    Radiological Protection (ICRP);
        3. It includes dosimetric routes through human organs not 
    previously considered; and
        4. It harmonizes IAEA SS6-85 with ICRP recommendations on 
    radiological safety in Publications ICRP-26 and ICRP-30.
        The effect of the adoption in IAEA SS6-85 of this new system for 
    calculating A1 and A2 values, and the subsequent 
    incorporation of the new values in the HMR, is that most current 
    A1 and A2 values have been amended. Of the 284 radionuclide 
    entries in Sec. 173.435, A2 values have been raised in 129 cases 
    and lowered in 95 cases. Of the A1 values, 144 have been raised 
    and 73 lowered. Several commenters objected to the proposal to lower 
    the A2 value for molybdenum-99 from 0.8 TBq (20 curies) to 0.5 TBq 
    (13.5 curies).
        Commenters stated that shipments of Mo-99\Tc-99m generators to 
    hospitals would increase significantly in order to comply with this 
    lower limit. Instead of being able to ship 0.6 TBq (16 curies) in one 
    generator, manufacturers would have to ship two different generators 
    which would increase their costs and the costs to the hospital. In 
    addition, the commenters contended, these additional shipments would 
    increase the level of radiation exposure for those workers 
    
    [[Page 50297]]
    who handle the generators. The commenters also cited the excellent 
    safety record in transportation of these generators, and requested that 
    a domestic exception be provided to allow these generators, that are 
    DOT Specification 7A Type A packagings, to contain as much as 0.8 TBq 
    20 curies of molybdenum-99. Upon further review of this proposal and of 
    the data received from the commenters, RSPA has decided to allow a 
    domestic exception for molybdenum-99. A footnote has been added to the 
    Sec. 173.435 Table of A1 and A2 values which authorizes, for 
    domestic use only, the use of DOT Specification 7A Type A packagings 
    for molybdenum-99 up to 0.8 TBq (20 curies).
        One commenter objected to the lowering of the A2 values for 
    carbon-14, phosphorus-32, sulfur-35 and iodine-125. The commenter was 
    concerned that these lower values would require Type A packagings for 
    these materials, instead of the excepted packagings that are currently 
    authorized. However, the commenter did not provide sufficient data to 
    support these concerns and, therefore, this commenter's request has not 
    been adopted.
        The new IAEA system for calculating A1 and A2 values is 
    further described in Appendix I, ``The Q System for the Calculation of 
    A1 and A2 Values,'' of IAEA Safety Series No. 7, 
    ``Explanatory Material for the IAEA Regulations for the Safe Transport 
    of Radioactive Material (1985 Edition).'' A copy of this document is 
    available in RSPA's Docket Unit for review by interested parties.
    
    E. Classification of Fissile Material
    
        As a result of the evolution of the fissile material criteria, IAEA 
    recognized that the three fissile classes could be combined and 
    simplified into a single system. The effects of the simplification of 
    the IAEA system now being adopted into the HMR are the:
        1. Elimination of the three fissile class designations;
        2. Establishment of a single set of criteria for all packages of 
    fissile materials; and
        3. Use of the TI as the primary control of accumulations of 
    packages in transportation under nearly all conditions.
    
    F. General Design Requirements for All Packagings
    
        All packagings of radioactive materials, including excepted 
    packages, are required to meet general design requirements prescribed 
    in Sec. 173.410. These packagings must be designed for ease of handling 
    and proper restraint during shipment. They must be free of 
    protuberances, easily decontaminated, capable of withstanding the 
    effects of vibration during transport, and also meet reduced pressure 
    and temperature requirements. Minimum design requirements for excepted 
    packagings will increase the overall integrity of the packages. Further 
    discussion of Sec. 173.410 can be found in the Review-by-Section 
    portion of this preamble.
    
    G. Docket No. HM-181
    
        On December 21, 1990, RSPA published a final rule under Docket No. 
    HM-181 entitled ``Performance-Oriented Packaging Standards: Changes to 
    Classification, Hazard Communication, Packaging and Handling 
    Requirements Based On UN Standards and Agency Initiative'' (55 FR 
    52402). That final rule comprehensively revised the HMR with respect to 
    hazard communication and packaging standards. In addition, Docket No. 
    HM-181 adopted some of the proposals in the NPRM under docket HM-169A. 
    Those proposals adopted under Docket HM-181 include the reference to 
    the 1985 edition of IAEA Safety Series No. 6, and its 1988 Supplement, 
    and most of the proper shipping names. For additional discussion on the 
    various supplements to IAEA SS6-85 see the discussion of Sec. 171.7 in 
    the Review-By-Section portion of this preamble.
    
    H. Editorial Changes
    
        This final rule makes several editorial changes to the HMR. 
    References to the ``Director, OHMT'' are revised to read ``Associate 
    Administrator, Office of Hazardous Materials Safety''. The term 
    ``radioactive material'' is revised to read ``radioactive materials'' 
    in conjunction with the amendments under Docket No. HM-181. Section 
    173.411, entitled ``General design requirements'', has been 
    redesignated as Sec. 173.410. Section 173.421-1 through 173.427 are 
    redesignated as Secs. 173.422 through 173.428. Corresponding changes 
    have been made to the HMR to other sections which reference the 
    redesignated sections. In the following discussion, section references 
    are to the new section numbers, therefore, RSPA is providing the 
    following redesignation table to assist the reader:
    
    ------------------------------------------------------------------------
                                                                 New section
                          Old section No.                            No.    
    ------------------------------------------------------------------------
    Sec.  173.411..............................................  Sec.  173.4
                                                                          10
    Sec.  173.421-1............................................  Sec.  173.4
                                                                          22
    Sec.  173.421-2............................................  Sec.  173.4
                                                                          23
    Sec.  173.422..............................................  Sec.  173.4
                                                                          24
    Sec.  173.423..............................................  Sec.  173.4
                                                                          25
    Sec.  173.424..............................................  Sec.  173.4
                                                                          26
    Sec.  173.425..............................................  Sec.  173.4
                                                                          27
    Sec.  173.427..............................................  Sec.  173.4
                                                                          28
    ------------------------------------------------------------------------
    
    IV. Review-by-Section
    
        Section 171.7. As proposed, several references to documents have 
    been added and revised in this final rule. It was brought to RSPA's 
    attention that some foreign countries have adopted IAEA SS6-85 or one 
    or more of its supplements (i.e., Supplement 1986, 1988 and the As 
    Amended 1990 edition). Because the changes in these supplements were 
    not substantive in nature, RSPA is allowing the export or importation 
    of radioactive materials in accordance with any of the supplements to 
    the 1985 Edition of IAEA Safety Series No. 6.
        Section 171.8. This section is amended by adding definitions for 
    ``General public'' and ``Occupationally exposed hazmat employee''. For 
    additional discussion of these terms and how they relate to radiation 
    protection plans, see section III of this preamble.
        Section 171.10. This section is amended to incorporate SI units for 
    radioactive materials. RSPA proposed to add Sec. 173.402 which would 
    have repeated the requirements of Sec. 171.10. Because this would have 
    been repetitive, RSPA is not adopting proposed Sec. 173.402 but is 
    amending Sec. 171.10. Section 171.10 is amended to phase in the SI 
    units for radiological measurements. The HMR uses SI units followed by 
    the customary units in parentheses. In many cases the limits in 
    customary units are extended to 3 significant figures so they represent 
    a functional equivalent to the limits expressed in SI units. The 
    objective of this approach is to achieve consistency with international 
    regulations while allowing U.S. shippers to use the units with which 
    they are most familiar.
        Section 171.11. This section is amended to clarify that the 
    provisions of Secs. 172.204(c)(4), 173.448(e)(f) and (g)(3) do not 
    apply to limited quantity shipments transported under the provisions of 
    the International Civil Aviation Organization's Technical Instructions 
    for the Transport of Dangerous Goods (ICAO TI).
        Section 171.12. This section is editorially revised to reference 
    the correct edition of IAEA Safety Series No. 6 and to clarify that 
    shipments of radioactive materials transported in accordance with IAEA 
    SS6-85 must comply with the emergency response requirements of subpart 
    G of part 172.
        Section 172.101. Most of the proposals in the NPRM to amend the 
    
    [[Page 50298]]
        Sec. 172.101 Table were adopted under Docket No. HM-181. However, 
    several editorial changes are being made to the table to address 
    section number changes (e.g., Sec. 173.421-1 redesignation as 
    Sec. 173.422).
        Section 172.203. This section is revised to add references to SI 
    units, replace references to Fissile Class III with ``Fissile material, 
    controlled shipments'' and to require appropriate group notations for 
    LSA and SCO material on shipping papers. In addition, mass information 
    is allowed to replace activity information for uranium fissile 
    radionuclides. For plutonium fissile radionuclides mass information may 
    be included with the activity information on shipping papers. Also, 
    Sec. 172.203(d)(10) is added to require that the phrase ``Exclusive Use 
    Shipment'' be added to shipping descriptions for shipments that are 
    transported under provisions for exclusive use shipments. This 
    statement may appear in any visible location on the shipping paper when 
    the entire shipment is consigned as exclusive use. However, this 
    statement does not relieve a offeror from providing exclusive use 
    shipment controls to the carrier as required by Secs. 173.403 and 
    173.427.
        Several commenters to this section objected to requiring the 
    statement ``Fissile Material'' to appear with shipping descriptions for 
    fissile materials because their proper shipping name contains the words 
    ``Radioactive material, fissile, * * * '' RSPA concurs with these 
    commenters and has not adopted this proposal. Another commenter opposed 
    the requirement in Sec. 172.203(d)(1) to list all radionuclides on 
    shipping papers. RSPA recognizes that it is sometimes impractical to 
    identify all radionuclides contained in a package of some radioactive 
    materials. Therefore, in this final rule, RSPA is amending 
    Sec. 172.203(d)(1) to require that the shipping paper identify the most 
    hazardous radionuclides only. These nuclides are determined in 
    accordance with the restriction of activity for A1 and A2 
    values described in Sec. 173.433(f) that specifies, through use of a 
    formula, that those radionuclides that represent 95% of the hazard 
    shall be listed.
        Section 172.310. This section is amended to require the trefoil 
    symbol, as specified in new Appendix B to Part 172, be marked on Type 
    B, Type B(U), and Type B(M) packages of radioactive material in a plain 
    and durable fashion. One commenter objected to this requirement on the 
    basis that the package would already display the trefoil on the 
    radioactive material label. However, a label does not meet the 
    requirement of being durable. Therefore, this amendment is adopted as 
    proposed.
        Section 172.403. This section is amended to add a reference to SI 
    units. One commenter was concerned over the proposal to allow mass 
    information in place of activity information on labels of fissile 
    material packages. The commenter stated that RSPA should not adopt this 
    proposal because such information would provide insufficient 
    information to radiological emergency response forces in the event of 
    an incident. RSPA agrees with the commenter as it pertains to plutonium 
    radionuclides, but believes that mass information for uranium 
    radionuclides provides sufficient information to emergency responders. 
    Therefore, RSPA is modifying Sec. 172.403 to authorize the substitution 
    of mass information for uranium fissile radionuclides, and the addition 
    of mass information to the activity information for plutonium fissile 
    radionuclides.
        Section 172.407. This section is revised by adding paragraph (g) to 
    note where the radioactive trefoil specification is located in the HMR.
        Section 172.504. This section is amended by revising the footnote 
    in Table 1 to reference the new section for LSA material and to add 
    reference to SCO.
        Section 172.507. This section is editorially revised by correcting 
    section references and terminology (i.e., Class 7 rather than 
    radioactive material).
        Sections 172.801-172.807. These sections are added to new subpart I 
    of part 172, to implement a requirement for the establishment of 
    radiation protection programs in accordance with EPA's ``Radiation 
    Protection Guidance to Federal Agencies for Occupational Exposure'' and 
    the IAEA SS6-85. For further discussion of these requirements, see the 
    discussion in section III.A of this preamble.
        Appendix B to part 172. Appendix B to Part 172 is added to note 
    size requirements for the trefoil symbol on package markings, labels, 
    and placards. Several commenters noted an error in the proposed size 
    requirements that is corrected in this final rule.
        Sections 173.2a and 173.4. These sections are revised to correct 
    section references.
        Section 173.403. This section is amended by adding new definitions 
    for: ``Class 7 material,'' ``Surface contaminated object (SCO)'', ``IP 
    packagings'', and, ``Low toxicity alpha emitters''. The definitions for 
    ``Fissile material'' is revised to specify listed radionuclides, and 
    the reference to Sec. 173.455 is removed. The definition of Low 
    specific activity (LSA) material is revised to conform to the IAEA 
    definition. Many commenters requested an expansion of the definition of 
    ``Package-excepted package'' to include Sec. 173.426, articles 
    containing natural uranium and thorium. RSPA agrees with the commenters 
    and is adding that reference.
        Several commenters requested that the definition of ``Type A 
    package'' be revised to specify that these packages do not need 
    Competent Authority approval. RSPA agrees, and the definition is so 
    revised. One commenter requested that the definition of ``transport 
    index'' include the commonly used term ``TI''. RSPA has also 
    incorporated this request.
        Proposed Section 173.404. This section was proposed to specify the 
    U.S. Competent Authority for the transport of radioactive materials. 
    Because this term is currently defined in Sec. 171.8, thus making 
    proposed Sec. 173.404 repetitive, this proposal has not been adopted.
        Section 173.410. This section, entitled ``General design 
    requirements'', was previously found in Sec. 173.411. It is amended as 
    follows:
    
    --A package has to be capable of withstanding the effects of 
    acceleration, vibration or vibration resonance during transport;
    --The materials of the packaging and any components must be chemically 
    and physically compatible;
    --All valves through which the package contents could escape must be 
    protected; and
    --A package intended for air transport has to be designed to withstand 
    reduced temperature and pressure during transport.
    
        Several commenters objected to the proposal to require that 
    excepted packages have a minimum dimension of 10 cm. (4 inches). The 
    commenters stated that IAEA regulations subject only Type A packagings 
    only to the 10 cm. minimum dimension requirement. RSPA agrees with 
    these commenters and has moved the 10 cm. minimum dimension requirement 
    to Sec. 173.412; therefore, excepted packages are not required to have 
    a minimum dimension of 10 cm. (4 inches).
        Section 173.411. See section III.B and the discussion of 
    Sec. 173.412 in this preamble for discussion of the changes to this 
    section.
        Section 173.412. This section, entitled ``Additional design 
    requirements for Type A packages,'' is amended to permit all packages 
    containing liquids to use a double containment system. This eliminates 
    the previous small package prohibition of this practice as well as 
    requiring that expansion of liquids during temperature changes be 
    
    [[Page 50299]]
    considered during design. This section is amended to include a closure 
    requirement on a containment system that is a separate unit of the 
    packaging. One commenter requested that the phrase ``significant 
    increase'' be revised to read ``20% increase'', which would be in 
    conformance with IAEA. RSPA believes that the term ``significant'' is 
    necessary to handle the different packaging parameters, and therefore, 
    is not adopting this commenter's request.
        Section 173.413. This section is editorially revised to correct 
    section references and terminology.
        Section 173.415. This section, ``Authorized Type A packages'', is 
    amended to eliminate the reference to DOT Specification 55 packaging, 
    which has not been authorized since July 1, 1985. This section is also 
    amended to permit the use of Type A packagings that meet the NRC 
    fissile material packaging requirements.
        Section 173.416. This section, ``Authorized Type B packages,'' is 
    amended to eliminate the reference to the DOT Specification 55 
    packaging, and eliminate the use of DOT Specification 55 packaging as 
    an inner container for DOT Specification 20WC and 21WC overpacks.
        Section 173.417. This section, ``Authorized packages--fissile 
    materials,'' is amended to eliminate references to different fissile 
    classes and to remove a direct reference to authorized packaging for 
    500 grams of Uranium-235 and 320 grams of plutonium. Section 
    173.417(a)(8) and (b)(5) specify the authorized packagings for Type A 
    and Type B, respectively, quantities of uranium hexafluoride 
    (UF6). Section 173.417(b)(5)(iii) limits the amount of uranium 
    hexafluoride in a package to the amount specified in ``Table 6--
    Authorized Quantities Of Uranium Hexafluoride (UF6).'' In Table 6, 
    however, only DOT specifications 20PF-1 and 20PF-2 are authorized to 
    contain a Type B quantity of uranium hexafluoride. Therefore, 
    Sec. 173.417(b)(5) is revised to authorize only the DOT specifications 
    20PF-1 and 20PF-2 for the transportation of Type B quantities of 
    uranium hexafluoride. In addition, because their use is no longer 
    allowed, the Specification DOT 21PF-1 overpack has been removed from 
    Sec. 173.417(a)(8)(ii).
        Sections 173.418-173.420. These sections are revised to correct 
    section references and terminology. In addition, this section is 
    revised, consistent with the changes in Sec. 173.423, to note that 
    limited quantities of radioactive material that meet the definition of 
    a hazardous substance or hazardous waste must comply with the shipping 
    paper requirements of the HMR.
        Section 173.421. This section, ``Excepted packages for limited 
    quantities of radioactive material,'' is amended to require compliance 
    with the design requirements of Sec. 173.410.
        Section 173.422. The proposal in this section, ``Additional 
    requirements for excepted packages,'' to incorporate new proper 
    shipping names and new UN identification numbers for excepted packages, 
    was adopted under Docket HM-181. Therefore, no changes are made in this 
    final rule.
        Section 173.423. This section is revised to correct section 
    references and terminology. This section is also revised based on 
    changes from Docket HM-181 and to correct terminology. Since a material 
    that meets the definition of Class 7 it cannot, by definition, meet the 
    definition of Class 9, reference to Class 9 are removed and appropriate 
    changes have been made to Sec. 173.421 (i.e., shipping papers are 
    required). In addition, RSPA believes that specific references to 
    Combustible liquids are no longer needed with the changes to 
    Sec. 173.421, therefore, the provisions previously found in paragraph 
    (b) have been removed.
        Section 173.424. The NPRM proposed amending this section, 
    ``Excepted packages for instruments and articles,'' to require that 
    instruments and articles be marked with the word ``radioactive.'' 
    Several commenters objected to this proposal. The commenters indicated 
    that devices containing radioactive materials in small quantities 
    require approval by the NRC, who does not require the ``Radioactive'' 
    marking. They expressed concern that the marking may cause a 
    disproportionate public alarm for a very small quantity of radioactive 
    material. Commenters from the lighting industry also were concerned 
    that the ``Radioactive'' marking may discourage the use of energy 
    efficient lighting products. Upon review of the proposed requirement, 
    and contrasting the cost to the manufacturer and the possible effect on 
    NRC exempt-distribution licensees versus the increase in safety that 
    the marking may provide, RSPA is not to adopting this proposal. RSPA 
    notes, however, that such instruments and articles must be so marked if 
    transported in accordance with the ICAO Technical Instructions, IAEA 
    Safety Series No. 6, or the IMDG Code.
        Section 173.425. As proposed, this section, ``Table of activity 
    limits--excepted quantities and articles,'' would have removed the 
    direct reference to tritiated water. Several commenters requested that 
    these limits be retained for domestic use only. Because of the 
    relatively low hazards associated with tritiated water, RSPA concurs 
    with these commenters and has not removed these limits.
        Sections 173.426-173.431. See the ``Background'' section of the 
    preamble for discussion of the changes to these sections.
        Section 173.433. This section, ``Requirements for determination of 
    A1 and A2 values for radionuclides,'' is completely amended 
    to incorporate a less complex method for calculating the A1 and 
    A2 values.
        Section 173.434. This section is revised to add references to SI 
    units.
        Section 173.435. This section, ``Table for A1 and A2 
    values for radionuclides,'' is amended to incorporate new A1 and 
    A2 values as specified in the IAEA regulations.
        Section 173.441. Several commenters to this section, ``Radiation 
    level limitations,'' requested that the limits specified be applied 
    only to the ``accessible'' surface of the package. RSPA believes that 
    this issue warrants further public discussion and, therefore, it is 
    beyond the scope of this rulemaking. RSPA will consider proposing a 
    change consistent with this request in future rulemaking.
        Section 173.442-173.446. These sections are revised to correct 
    section references and terminology.
        Section 173.447. This section, ``Storage incident to 
    transportation--general requirements,'' is amended to delete references 
    to fissile classes. Additionally, two commenters requested that this 
    section be eliminated, based on the idea that if a larger number of 
    packages were permitted to be stored together, rather than segregated 
    by the sum of the transport indices, the packages would shield each 
    other and thus reduce the total potential exposure. RSPA believes that 
    this issue is beyond the scope of this rulemaking.
        Section 173.448. This section, ``General transportation 
    requirements,'' is amended to delete references to fissile classes.
        Section 173.451. See the ``Background'' section of the preamble for 
    a discussion of the changes to this section.
        Section 173.453. This section, ``Fissile materials--exceptions,'' 
    is amended by deleting the exception for thermal reactor irradiated 
    uranium and thorium or uranium with not more than 0.72% fissile 
    material. One commenter pointed out that the higher limit of 800 grams 
    of fissile mass should apply to uranium-235 only. RSPA concurs and has 
    modified this section accordingly. 
    
    [[Page 50300]]
    
        Section 173.455. This section, ``Classification of fissile 
    materials packages,'' is deleted entirely because of the elimination of 
    fissile classes.
        Section 173.457. This section, ``Transportation of fissile 
    material- controlled shipment--requirements,'' redefines fissile class 
    III shipments in terms of a ``fissile material, controlled shipment.''
        Section 173.459. This section, ``Mixing of fissile materials 
    packages,'' is amended to delete references to fissile classes and to 
    express shipment controls in terms of fissile material, controlled 
    shipments.
        Section 173.461. This section, ``Demonstration of compliance with 
    tests,'' is amended to clarify that surrogate materials may be used in 
    packagings to demonstrate compliance with the performance requirements 
    for the package.
        Sections 173.462-173.467. These sections are revised to correct 
    section references and terminology.
        Section 173.468. This section, ``Test for LSA-III material'', is 
    added to specify a leaching test to examine the solid nature of the 
    material for qualification of the material as LSA-III.
        One commenter asked that the section be clarified to state whether 
    immersion tests must be conducted on full-scale or on represented small 
    scale samples. RSPA never intended to disallow the provisions of 
    Sec. 173.461, which allows scale model testing, for the tests required 
    in Sec. 173.468. The second sentence of proposed Sec. 173.468(a), which 
    stated that ``[e]ach solid specimen to be tested must be representative 
    of the actual solid LSA-III material that will be transported'', might 
    have been misinterpreted. To clarify that a representative scale model 
    sample may be used as the test specimen, RSPA is not adopting that 
    sentence.
        Section 173.469. This section, ``Tests for special form Class 7 
    (radioactive) material,'' is amended to add an alternative method to 
    qualify special form radioactive material under the specific impact and 
    temperature tests prescribed in the specified standard of the 
    International Organization for Standardization (ISO). One commenter 
    stated that the ISO standard allowed leakage and leaching tests that 
    are not as sensitive as the tests prescribed in Sec. 173.469(a)(4) and 
    (b) and, therefore, should not be adopted. RSPA agrees that some of the 
    ISO test methods are not as sensitive for some source designs as those 
    prescribed in the regulations. However, ISO's test method has a lower 
    acceptance criteria which compensates for the less sensitive test 
    methods. Therefore, RSPA is not adopting this commenters request.
        Sections 173.471-173.473. These sections are amended to require 
    that applicants for Competent Authority Approvals of Type B packaging 
    designs, including those requesting to become registered users, submit 
    a description to RSPA of the quality assurance program in effect during 
    the design, manufacture, testing, documentation, use, maintenance, and 
    inspection of the package as required by IAEA. These sections are also 
    amended to require that submissions be made in triplicate and 90 days 
    in advance of the shipment. It should be noted that IAEA regulations 
    require that the serial number be marked on Type B packagings. Though 
    not required by RSPA in this final rule, packages shipped in accordance 
    with the IAEA regulations will be required to be marked with the serial 
    number of the packaging.
        Sections 173.474-173.475. These section are not amended but are 
    reprinted for ease of understanding.
        Section 173.476. This section, ``Approval of special form Class 7 
    (radioactive) materials,'' is amended to require that the original 
    applicant provide evidence of the quality assurance program in effect 
    during the design, manufacture, testing, documentation, use, 
    maintenance, and inspection of the material as required by IAEA. In 
    addition, this section is amended to require that submissions be made 
    in triplicate and 90 days in advance of the shipment.
        Section 173.477. This section, ``Approval for export shipments,'' 
    is amended to delete references to fissile classes. Additionally, a new 
    subparagraph addresses the contents of an application for shipment 
    approval under special arrangement.
        Section 173.478. This section, ``Notification to competent 
    authorities for export shipments,'' is amended to delete references to 
    fissile classes and requires additional information to be submitted to 
    other national competent authorities for special arrangement shipments. 
    Specifically, notification of a special arrangement shipment is 
    required to include the name of the radionuclide, a description of the 
    physical and chemical form, and the activity of the material.
        Section 174.705. This section, entitled ``Radiation Protection 
    Program,'' is added to prohibit the transport of radioactive material 
    by a rail carrier that does not maintain a radiation protection program 
    for each of its occupationally exposed hazmat employees as required by 
    subpart I of part 172. For further discussion of these requirements, 
    see section III.A of this preamble.
        Section 175.704. This section has been added, which incorporates 
    proposed 10 CFR 71.88(c), as proposed by NRC. This new section imposes 
    loading and storage restrictions on packages of plutonium. Because 
    these requirements are more appropriate to 49 CFR part 175 than in 10 
    CFR part 71, RSPA is adopting them in this section.
        Section 175.706. This section, entitled ``Radiation Protection 
    Program,'' is added to prohibit the transport of radioactive material 
    by an air carrier that does not maintain a radiation protection program 
    for each of its occupationally exposed hazmat employees as required by 
    subpart I of part 172. For further discussion of these requirements, 
    see section III.A of this preamble.
        Section 176.703. This section, entitled ``Radiation Protection 
    Program,'' is added to prohibit the transport of radioactive material 
    by a vessel operator that does not maintain a radiation protection 
    program for each of its occupationally exposed hazmat employees as 
    required by subpart I of part 172. For further discussion of these 
    requirements, see section III.A of this preamble.
        Section 177.827. This section, entitled ``Radiation Protection 
    Program,'' is added to prohibit the transport of radioactive material 
    by a motor carrier that does not maintain a radiation protection 
    program for each of its occupationally exposed hazmat employees as 
    required by subpart I of part 172. For further discussion of these 
    requirements, see section III.A of this preamble.
        In addition to the foregoing section changes, other sections 
    contained in parts 174 through part 178, involving radioactive material 
    transportation, have been updated to for consistency with changes in 
    parts 171 through part 173. Some of these changes include the addition 
    of metric and SI units and changes in regulatory references. The 
    following is list of those sections:
    
    ------------------------------------------------------------------------
          Part 174          Part 175     Part 176     Part 177     Part 178 
    ------------------------------------------------------------------------
    174.700.............      175.700      176.700      177.842     178.350 
    
    [[Page 50301]]
                                                                            
    174.715.............      175.702      176.704      177.843  ...........
    174.750.............      175.703      176.708      177.861  ...........
                          ...........      176.715  ...........  ...........
    ------------------------------------------------------------------------
    
    
    
    V. Regulatory Analyses and Notices
    
    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). A regulatory evaluation is available for 
    review in the docket.
    
    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 USC 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 April 1, 1996. Thus RSPA lacks discretion in this area, 
    and preparation of a federalism assessment is not warranted.
    
    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.
    
    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.
    
    Paperwork Reduction Act
    
        The information collection requirements contained in this rule have 
    been approved by the Office of Management and Budget under the 
    provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3504(h)) 
    and assigned control number 2137-0510.
    
    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 171
    
        Exports, Hazardous materials transportation, Hazardous waste, 
    Imports, Incorporation by reference, Reporting and recordkeeping 
    requirements.
    
    49 CFR Part 172
    
        Hazardous materials transportation, Hazardous waste, Labeling, 
    Packaging and containers, Reporting and recordkeeping requirements.
    
    49 CFR Part 173
    
        Hazardous materials transportation, Incorporation by reference, 
    Packaging and containers, Radioactive materials, Reporting and 
    recordkeeping requirements, Uranium.
    
    49 CFR Part 174
    
        Hazardous materials transportation, Radioactive materials, Railroad 
    safety.
    
    49 CFR Part 175
    
        Air carriers, Hazardous materials transportation, Radioactive 
    materials, Reporting and recordkeeping requirements.
    
    49 CFR Part 176
    
        Hazardous materials transportation, Maritime carriers, Radioactive 
    materials, Reporting and recordkeeping requirements.
    
    49 CFR Part 177
    
        Hazardous materials transportation, Motor carriers, Radioactive 
    materials, Reporting and recordkeeping requirements.
    
    49 CFR Part 178
    
        Hazardous materials transportation, Packaging and containers, 
    Reporting and recordkeeping requirements.
    
    In consideration of the foregoing,
    
    49 CFR parts 171, 172, 173, 174, 175, 176, 177 and 178 are amended as 
    follows:
    
    PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
    
        1. The authority citation for part 171 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127;
    
    49 CFR part 1.53.
    
    
    Sec. 171.7  [Amended]
    
        2. In Sec. 171.7, the Table of material incorporated by reference, 
    in paragraph (a)(3), is amended by removing the entry for ``USAEC, ORO-
    651,'' under the Department of Energy (USDOE), revising the entry for 
    ``IAEA, Regulations for the Safe Transport of Radioactive Materials, 
    Safety Series No. 6,'' under the International Atomic Energy Agency 
    (IAEA) and by adding an entry for ``ORO-651'' under the Department of 
    Energy and three new entries following 
    
    [[Page 50302]]
    the exiting entries, under the International Organization for 
    Standardization, to read as follows:
    
    ------------------------------------------------------------------------
                                                                    49 CFR  
                    Source and name of material                   reference 
    ------------------------------------------------------------------------
                    Department of Energy (USDOE)                            
                                                                            
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    ORO-651 - Uranium Hexafluoride; A Manual of Good Practices,             
     Revision 6, 1991 edition..................................      173.417
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
             International Atomic Energy Agency (IAEA),                     
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    IAEA, Regulations for the Safe Transport of Radioactive                 
     Materials, Safety Series No. 6, 1985 Edition (As Amended               
     1990); Including 1985 Edition (Supplemented 1986 and 1988)       171.12
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
        International Organization for Standardization (ISO)                
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    ISO/TR 4826-1979(E) - Sealed radioactive sources--Leak test             
     methods...................................................      173.469
    ISO 2919-1980(E) - Sealed radioactive sources--                         
     Classification............................................      173.469
    ISO 1496-3-1995(E) - Series 1 Freight Containers--                      
     Specification and Testing--Part 3: Tank Containers for                 
     Liquids, Gases and Pressurized Dry Bulk...................      173.411
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    ------------------------------------------------------------------------
    
    * * * * *
        3. In Sec. 171.8, the following definitions are added in 
    appropriate alphabetical order to read as follows:
    
    
    Sec. 171.8  Definitions and abbreviations.
    
    * * * * *
        General public means, for purposes of subpart I of part 172, and 
    subpart I of part 173 of this subchapter, any person other than an 
    occupationally exposed hazmat employee.
    * * * * *
        Occupationally exposed hazmat employee means a hazmat employee 
    whose duties involve exposure to ionizing radiation.
    * * * * *
        4. In Sec. 171.10(c)(2), the ``Table of Conversion Factors For SI 
    Units'' is amended by adding the following entries in appropriate 
    alphabetical order and the note following the table is revised to read 
    as follows:
    
    
    Sec. 171.10  Units of measure.
    
    * * * * *
        (c) * * *
        (2) * * *
    
                    Table of Conversion Factors For SI Units                
    ------------------------------------------------------------------------
          Measurement           SI to US standard        US standard to SI  
    ------------------------------------------------------------------------
    Activity...............  1 TBq=27 Ci............  1 Ci=0.037 TBq.       
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    Radiation level........  1 Sv/hr=100 rem/hr.....  1 rem/hr=0.01 Sv/hr   
    ------------------------------------------------------------------------
    Abbreviation for units of measure are as follows:                       
    Unit of measure and abbreviation:                                       
    (SI): millimeter, mm; centimeter, cm; meter, m; gram, g; kilogram, kg;  
      kiloPascal, kPa; liter, L; milliliter, ml; cubic meter, m \3\;        
      Terabecquerel, TBq; Gigabecquerel, GBq; millisievert, mSv;            
    (U.S.): Inch, in; foot, ft; ounce, oz; pound, lb; pounds per square     
      inch, psi; gallon, gal; cubic feet, ft \3\; Curie, Ci; millicurie,    
      mCi; millirem, mrem.                                                  
    
        5. Section 171.11(d)(6)(iii) is revised to read as follows:
    
    
    Sec. 171.11  Use of ICAO Technical Instructions.
    
    * * * * *
        (d) * * *
        (6) * * *
        (iii) Except for limited quantities of Class 7 (radioactive) 
    material, the provisions of Secs. 172.204(c)(4), 173.448(e), (f) and 
    (g)(3) of this subchapter apply.
    * * * * *
    
    
    Sec. 171.11  [Amended]
    
        6. In addition, in Sec. 171.11(d)(6)(iv), remove the words 
    ``Sec. 173.422 or Sec. 173.424'' and add, in their place, the words 
    ``Sec. 173.424 or Sec. 173.426''.
        7. In Sec. 171.12, the heading and introductory text of paragraph 
    (d) and paragraph (d)(4) are revised, paragraph (d)(5) is amended by 
    removing the period and adding ``; and'' in its place, and paragraph 
    (d)(6) is added to read as follows:
    
    
    Sec. 171.12  Import and export shipments.
    
    * * * * *
        (d) Use of IAEA regulations for Class 7 (radioactive) materials. 
    Class 7 (radioactive) materials being imported into, or exported from, 
    the United States, or passing through the United States in the course 
    of being shipped between places outside the United States, may be 
    offered and accepted for transportation when packaged, marked, labeled, 
    and otherwise prepared for shipment in accordance with IAEA 
    ``Regulations for the Safe Transport of Radioactive Materials, Safety 
    Series No. 6,'' if:
    * * * * * 
    
    [[Page 50303]]
    
        (4) The country of origin for the shipment has adopted the IAEA 
    ``Regulations for the Safe Transport of Radioactive Materials, Safety 
    Series No. 6'';
    * * * * *
        (6) Shipments comply with the requirements for emergency response 
    information prescribed in Subpart G of Part 172 of this subchapter.
    
    PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
    MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
    TRAINING REQUIREMENTS
    
        8. The authority citation for Part 172 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
        9. The following entries in the Sec. 172.101 Hazardous Materials 
    Table are removed, added in alphabetical order or revised to read as 
    follows:
    
    
    Sec. 172.101  Purpose and use of hazardous materials table.
    
    * * * * *
    
                                                                                Sec.  172.101  Hazardous Materials Table                                                                            
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            (8) Packaging authorizations        (9) Quantity     (10) Vessel stowage
                                                                                                                                   (Sec.  173.***)              limitations          requirements   
                                                       (2)Hazard                                   Label(s)              ---------------------------------------------------------------------------
    Symbols   (1)Hazardous materials descriptions and   class or  (3)Identification    Packing     required     Special                                     Passenger                               
                       proper shipping names            Division       Numbers          group       (if not   provisions               Nonbulk      Bulk     aircraft    Cargo    Vessel     Other  
                                                                                                   excepted)              Exceptions  packaging  packaging      or     aircraft  stowage    stowage 
                                                                                                                                                             railcar     only             provisions
    (1)      (2).....................................        (3)  (4)                        (5)  (6).......       (7)    (8A)......  (8B).....  (8C).....     (9A)       (9B)   (10A)       (10B)  
             ........................................                                                                                                                                               
             [Remove]                                                                                                                                                                               
             Radioactive material, excepted package-           7  UN2910             ...........  EMPTY.....  ..........  427.......  427......  427......  .........  ........  A                  
              empty packaging.                                                                                                                                                                      
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             Radioactive material, low specific                                                                                                                                                     
              activity, n.o.s. or Radioactive                                                                                                                                                       
              material, LSA, n.o.s..                                                                                                                                                                
             [Add]                                                                                                                                                                                  
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             Radioactive material, excepted package-           7  UN2910             ...........  EMPTY.....  ..........  421, 428..  421, 428.  421, 428.  .........  ........  A                  
              empty package or empty packaging.                                                                                                                                                     
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             Radioactive material, low specific                7  UN2912             ...........  RADIO-      ..........  421, 428..  427......  427......  .........  ........  A        ..........
              activity or Radioactive material, LSA,                                               ACTIVE.                                                                                          
              n.o.s.                                                                                                                                                                                
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             Radioactive material, surface                     7  UN2913             ...........  RADIO-      421, 424,   427.......  427......  .........  .........        A                      
              contaminated object or Radioactive                                                   ACTIVE.         426                                                                              
              material, SCO.                                                                                                                                                                        
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             [Revise]                                                                                                                                                                               
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             Radioactive material, excepted package-           7  UN2910             ...........  None......  ..........  422, 426..  422, 426.  422, 426.  .........  ........  A                  
              articles manufactured from natural or                                                                                                                                                 
              depleted uranium or natural thorium.                                                                                                                                                  
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             Radioactive material, excepted package-           7  UN2910             ...........  None......  ..........  422, 424..  422, 424.  422, 424.  .........  ........  A                  
              instruments or articles.                                                                                                                                                              
    
    [[Page 50304]]
                                                                                                                                                                                                    
             Radioactive material, excepted package-           7  UN2910             ...........  None......  ..........  421, 422..  421, 422.  421, 422.  .........  ........  A                  
              limited quantity of material.                                                                                                                                                         
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
             Radioactive material, n.o.s.............          7  UN2982             ...........  RADIO-      ..........  421, 428..  415, 416.  415, 416.  .........  ........  A          40, 95  
                                                                                                   ACTIVE.                                                                                          
             Radioactive material, special form,               7  UN2974             ...........  RADIO-      ..........  421, 424..  415, 416.  415, 416.  .........  ........  A                  
              n.o.s..                                                                              ACTIVE.                                                                                          
                                                                                                                                                                                                    
                                           *                  *                  *                  *                  *                  *                  *                                      
                                                                                                                                                                                                    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
    
    Sec. 172.101  [Amended]
    
        10. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
    for the entry ``Uranium hexafluoride, fissile excepted or non-fissile'' 
    the column (8A) section reference ``421-2'' is revised to read ``423''.
        11. In Sec. 172.203, paragraphs (d)(1), (d)(4), and (d)(7) are 
    revised and paragraphs (d)(10) and (d)(11) are added to read as 
    follows:
    
    
    Sec. 172.203  Additional description requirements.
    
    * * * * *
        (d) * * *
        (1) 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.
    * * * * *
        (4) The activity contained in each package of the shipment in terms 
    of the appropriate SI units (e.g. Becquerel, Terabecquerel, etc.) or in 
    terms of the appropriate SI units followed by the customary units (e.g. 
    Curies, millicuries, etc.). Alternatively, for domestic transportation, 
    the activity in a package of Class 7 (radioactive) materials may be 
    described solely in terms of curies until April 1, 1997. Abbreviations 
    are authorized. Except for plutonium-238, plutonium-239, and plutonium-
    241, the weight in grams or kilograms of fissile radionuclides may be 
    inserted instead of activity units. For plutonium-238, plutonium-239, 
    and plutonium-241 the weight in grams or kilograms of fissile 
    radionuclides may be inserted in addition to the activity units. For 
    the shipment of a package containing a highway route controlled 
    quantity of Class 7 (radioactive) materials (see Sec. 173.403 of this 
    subchapter) the words ``Highway route controlled quantity'' must be 
    entered in association with the basic description.
    * * * * *
        (7) For a shipment of fissile Class 7 (radioactive) materials:
        (i) The words ``Fissile Excepted'' if the package is excepted 
    pursuant to Sec. 173.453 of this subchapter;
        (ii) For a fissile material, controlled shipment, the additional 
    notation: ``Warning--Fissile material, controlled shipment. Do not load 
    more than * * * packages per vehicle.'' (Asterisks to be replaced by 
    appropriate number.) ``In loading and storage areas, keep at least 6 
    meters (20 feet) from other packages bearing radioactive labels''; and
        (iii) If a fissile material, controlled shipment is to be 
    transported by water, the supplementary notation must also include the 
    following statement: ``For shipment by water, only one fissile 
    material, controlled shipment is permitted in each hold.''
    * * * * *
        (10) For a shipment required by this subchapter to be consigned as 
    exclusive use:
        (i) An indication that the shipment is consigned as exclusive use; 
    or
        (ii) If all the descriptions on the shipping paper are consigned as 
    exclusive use, then the statement ``Exclusive Use Shipment'' may be 
    entered only once on the shipping paper in a clearly visible location.
        (11) For a shipment of low specific activity material or surface 
    contaminated objects, the appropriate group notation of LSA-I, LSA-II, 
    LSA-III, SCO-I, or SCO-II.
    * * * * *
        12. Section 172.310 is revised to read as follows:
    
    
    Sec. 172.310  Class 7 (radioactive) materials.
    
        In addition to any other markings required by this subpart, each 
    package containing Class 7 (radioactive) materials must be marked as 
    follows:
        (a) Each package with a gross mass greater than 50 kilograms (110 
    pounds) must have the its gross mass marked on the outside of the 
    package.
        (b) packaging must be marked on the outside of the package, in 
    letters at least 13 mm (0.5 inch) high, with the words ``TYPE A'' or 
    ``TYPE B'' as appropriate. A packaging which does not conform to Type A 
    or Type B requirements may not be so marked.
        (c) Each Type B, Type B(U) or Type B(M) packaging must be marked on 
    the outside of the package with a radiation symbol that conforms to the 
    requirements of Appendix B to Part 172.
        (d) Each package destined for export shipment must also be marked 
    ``USA'' in conjunction with the specification marking, or other package 
    certificate identification. (See Secs. 173.471, 173.472, and 173.473 of 
    this subchapter). 
    
    [[Page 50305]]
    
        13. In Sec. 172.403, the section heading, and paragraphs (b), (c), 
    (d), (g)(1) and (g)(2) are revised to read as follows:
    
    
    Sec. 172.403  Class 7 (radioactive) material.
    
    * * * * *
        (b) The proper label to affix to a package of Class 7 (radioactive) 
    material is based on the radiation level at the surface of the package 
    and the transport index. The proper category of label must be 
    determined in accordance with paragraph (c) of this section. The label 
    to be applied must be the highest category required for any of the two 
    determining conditions for the package. RADIOACTIVE WHITE-I is the 
    lowest category and RADIOACTIVE YELLOW-III is the highest. For example, 
    a package with a transport index of 0.8 and a maximum surface radiation 
    level of 0.6 millisievert (60 millirems) per hour must bear a 
    RADIOACTIVE YELLOW-III label.
        (c) Category of label to be applied to Class 7 (radioactive) 
    materials packages:
    
    ------------------------------------------------------------------------
                                 Maximum radiation                          
         Transport index       level at any point on      Label category1   
                               the external surface                         
    ------------------------------------------------------------------------
    02......................  Less than or equal to   WHITE-I.              
                               0.005 mSv/h (0.5 mrem/                       
                               h).                                          
    More than 0 but not more  Greater than 0.005 mSv/ YELLOW-II.            
     than 1.                   h (0.5 mrem/h) but                           
                               less than or equal to                        
                               0.5 mSv/h (50 mrem).                         
    More than 1 but not more  Greater than 0.05 mSv/  YELLOW-III.           
     than 10.                  h (50 mrem) but less                         
                               than or equal to 2                           
                               mSv/h (200 mrem/h).                          
    More than 10............  Greater than 2 mSv/h    YELLOW-III (Must be   
                               (200 mrem/h) but less   shipped under        
                               than or equal to 10     exclusive use        
                               mSv/h (1,000 mrem/h).   provisions; see      
                                                       173.441(b) of this   
                                                       subchapter).         
    ------------------------------------------------------------------------
    1 Any package containing a ``highway route controlled quantity'' (Sec.  
      173.403 of this subchapter) must be labelled as RADIOACTIVE YELLOW-   
      III.                                                                  
    2 If the measured TI is not greater than 0.05, the value may be         
      considered to be zero.                                                
    
        (d) EMPTY label. See Sec. 173.428(d) of this subchapter for EMPTY 
    labeling requirements.
    * * * * *
        (g) * * *
        (1) Contents. The name of the radionuclides as taken from the 
    listing of radionuclides in Sec. 173.435 of this subchapter (symbols 
    which conform to established radiation protection terminology are 
    authorized, i.e., \99\Mo, \60\Co, etc.). For mixtures of radionuclides, 
    with consideration of space available on the label, the radionuclides 
    that must be shown must be determined in accordance with 
    Sec. 173.433(f) of this subchapter.
        (2) Activity. Activity units must be expressed in appropriate SI 
    units (e.g., Becquerels (Bq), Terabecquerels (TBq), etc.) or in both 
    appropriate SI units and appropriate customary units (Curies (Ci), 
    milliCuries (mCi), microcuries (uCi), etc.). Alternatively, the 
    activity may be expressed solely in terms of curies until April 1, 
    1997. Abbreviations are authorized. Except for plutonium-238, 
    plutonium-239, and plutonium-241, the weight in grams or kilograms of 
    fissile radionuclides may be inserted instead of activity units. For 
    plutonium-238, plutonium-239, and plutonium-241, the weight in grams or 
    kilograms of fissile radionuclides may be inserted in addition to the 
    activity units.
    * * * * *
        14. In Sec. 172.407, paragraph (g) is added to read as follows:
    
    
    Sec. 172.407  Label specifications.
    
    * * * * *
        (g) Trefoil symbol. The trefoil symbol on the RADIOACTIVE WHITE-I, 
    RADIOACTIVE YELLOW-II, and RADIOACTIVE YELLOW-III labels must meet the 
    appropriate specifications in Appendix B of this part.
    
    
    Sec. 172.504  [Amended]
    
        15. In Sec. 172.504, in Table 1 of paragraph (e), footnote one is 
    revised to read as follows:
    
        \1\ RADIOACTIVE placard also required for exclusive use 
    shipments of low specific activity material and surface contaminated 
    objects transported in accordance with Sec. 173.427(b)(3) or (c) of 
    this subchapter.
    
        16. In Sec. 172.507, paragraph (a) is revised to read as follows:
    
    
    Sec. 172.507  Special placarding provisions: Highway.
    
        (a) Each motor vehicle used to transport a package of highway route 
    controlled quantity Class 7 (radioactive) materials (see Sec. 173.403 
    of this subchapter) must have the required RADIOACTIVE warning placard 
    placed on a square background as described in Sec. 172.527.
    * * * * *
        17. In Sec. 172.519, paragraph (g) is added to read as follows:
    
    
    Sec. 172.519  General specifications for placards.
    
    * * * * *
        (g) Trefoil symbol. The trefoil symbol on the RADIOACTIVE placard 
    must meet the appropriate specification in Appendix B of this part.
        18. A new subpart I is added to part 172 to read as follows:
    
    Subpart I--Radiation Protection Program
    
    Sec.
    172.801  Applicability of the radiation protection program.
    172.803  Radiation protection program.
    172.805  Recordkeeping and notifications.
    172.807  Transitional provisions.
    
    Subpart I--Radiation Protection Program
    
    
    Sec. 172.801  Applicability of the radiation protection program.
    
        (a) Scope. This subpart prescribes requirements for developing and 
    maintaining a radiation protection program.
        (b) Applicability. This subpart applies to persons who offer for 
    transportation, accept for transportation, or transports Class 7 
    (radioactive) materials.
    
    
    Sec. 172.803  Radiation protection program.
    
        Each person who offers for transportation, accepts for 
    transportation, or transports Class 7 (radioactive) materials must 
    develop, implement and maintain a written radiation protection program 
    in accordance with the following:
        (a) Radiation exposures must be kept as low as reasonably 
    achievable (ALARA), with economic and social factors being taken into 
    account.
        (b) Radiation exposures must be control such that:
        (1) An occupationally exposed hazmat employee's annual effective 
    dose equivalent for occupational radiation exposure will not exceed 
    12.5 mSv (1.25 rem) in any 3 month period or 50 mSv (5 rem) in any 12 
    month period. For workers under the age of eighteen, the radiation dose 
    will not exceed 1.250 
    
    [[Page 50306]]
    mSv (0.125 rem) in any 3 month period or 5.0 mSv (0.5 rem) in any 12 
    month period;
        (2) Radiation exposures to members of the general public must be 
    less than 0.02 mSv (2 mrem) per hour. This level will be measured as if 
    an individual were present for an hour in any area where the general 
    public could be exposed to radiation during the course of 
    transportation, except that, if there is an occurrence where the dose 
    to a member of the general public equals or exceeds 0.02 mSv (2 mrem) 
    in one hour, the program must provide limits that will prevent an 
    individual from receiving cumulative doses totaling 1.0 mSv (100 mrem) 
    in any week or 5.0 mSv (500 mrem) in any twelve-month period;
        (3) The radiation dose to an embryo-fetus in a pregnant female 
    occupationally exposed hazmat employee, who has declared her pregnancy 
    to her employer, must not exceed 5.0 mSv (500 mrem) during the 
    pregnancy. This limit is to be achieved by limiting the radiation dose 
    of the declared pregnant worker to not more than 5.0 mSv (500 mrem) 
    during the nine months and not greater than 0.5 mSv (50 mrem) in any 
    one month; and
        (4) The radiation doses received by occupationally exposed hazmat 
    employees must be monitored by radiation dosimetry devices.
        (c) The Environmental Protection Agency report entitled ``Radiation 
    Protection Guidance to Federal Agencies for Occupational Exposure 
    (January 1987)''. This document is available from the U.S. 
    Environmental Protection Agency, Washington, DC 20460.
        (d) Exceptions. (1) The requirements of this subpart do not apply 
    to:
        (i) Persons who offer for transportation or transport less than 200 
    TI of packages in a 12-month period; or
        (ii) Those persons whose operations will not result in a hazmat 
    employee receiving an exposure of 5 mSv (500 mrem) or more per year. 
    This evaluation must consider the hazmat employers Class 7 
    (radioactive) materials transportation activities for a period of at 
    least 12 months. An evaluation must be conducted by a person 
    experienced with radiation protection programs and transportation 
    regulations and programs. The evaluator's competency may be evidenced 
    by being certified by the American Board of Health Physics, or by a 
    letter of recommendation from any Regional Administrator of the Nuclear 
    Regulatory Commission or from a State Radiation Official listed in the 
    most current issue of the ``Directory of Personnel Responsible For 
    Radiological Health Programs'' published annually by the Conference of 
    Radiation Control Program Directors, Frankfort, KY.
        (2) The requirements of this subpart may be satisfied by any 
    radiation protection program that has been approved by an appropriate 
    federal or state agency.
        (e) Guidance. Each hazmat employer should review and follow the 
    guidance provided in the following documents when establishing and 
    maintaining their radiation protection program:
        (i) National Council on Radiation Protection and Measurements 
    (NCRP) Report No. 59, ``Operational Radiation Safety Program (1978)''. 
    The guidance in this report should be tailored to the practical needs 
    and operations of the hazmat employer and their occupationally exposed 
    hazmat employees.
        (ii) NCRP Report No. 116, ``Limitation of Exposure to Ionizing 
    Radiation (1993)''.
        (2) The reports referenced in paragraph (e)(1) of this section are 
    available from NCRP Publications, 7910 Woodmont Avenue, Bethesda, MD 
    20814.
    
    
    Sec. 172.805  Recordkeeping and notifications.
    
        (a) A hazmat employer must document their radiation protection 
    program and maintain written records of the radiation protection 
    program activities, including dosimetry records, described in this 
    subpart. These records must be made available to the Associate 
    Administrator for Hazardous Materials Safety or other authorized 
    officials in written form within seven days of a written request.
        (b) A hazmat employer must keep a record of the radiation dose that 
    each hazmat employee has received and provide it to the employee in 
    reasonable time following a request during employment and no more than 
    three months after end of employment.
        (c) Each hazmat employer must notify the Associate Administrator 
    for Hazardous Materials Safety, in writing, if a hazmat employee 
    receives a dose exceeding 12.5 mSv (1250 mrem) in any calendar quarter 
    or 50 mSv (5,000 mrem) in one year, or if a member of the general 
    public is likely to receive a dose exceeding 5 mSv (500 mrem) in one 
    year as a result of the hazmat employer's transportation activities. 
    Such a notification must be made as soon as practicable following 
    awareness of the occurrence.
        (d) If an offeror or carrier of Class 7 (radioactive) materials is 
    not required to establish a radiation protection program, they must 
    develop and keep records which demonstrate why a program is not 
    required (i.e., either the total TI of packages transported in any 12 
    month period is less than 200, or that the current Class 7 
    (radioactive) materials transport activities are the same as the 
    activities that were reviewed by a competent radiation protection 
    specialist whose evaluation demonstrated that no worker will receive a 
    dose exceeding 5 mSv (500 mrem) in one year).
    
    
    Sec. 172.807  Transitional provisions.
    
        Compliance with the requirements of this subpart is required after 
    October 1, 1997.
        19. APPENDIX B is added to Part 172 to read as follows:
    
    Appendix B to Part 172--Trefoil Symbol
    
        The trefoil symbol required for RADIOACTIVE labels and placards, 
    and required to be marked on certain packages of Class 7 
    (radioactive) material, must conform to the following design and 
    size:
    
    BILLING CODE 4910-60-P
    
    [[Page 50307]]
    [GRAPHIC][TIFF OMITTED]TR28SE95.005
    
    
    BILLING CODE 4910-60-C
    
    1= Radius of Circle--
        Minimum Dimensions
        4 mm (0.16 inch) for markings
        5 mm (0.2 inch) for labels
        12.5 mm (0.5 inch) for placards
    2= 1 1/2 Radii
    3= 5 Radii
    
    PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
    PACKAGINGS
    
        20. The authority citation for Part 173 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
    
    
    Sec. 173.2a  [Amended]
    
        21. In Sec. 173.2a(c)(5), the phrase ``Sec. 173.421-2'' is removed 
    and replaced with the phrase ``Sec. 173.423''.
        22. In Sec. 173.4, paragraphs (a)(1)(iv) and (b) are revised to 
    read as follows:
    
    
    Sec. 173.4  Exceptions for small quantities.
    
        (a) * * *
        (1) * * *
        (iv) An activity level not exceeding that specified in 
    Secs. 173.421, 173.424, 173.425 or 173.426, as appropriate, for a 
    package containing a Class 7 (radioactive) material.
    * * * * *
        (b) A package containing a Class 7 (radioactive) material also must 
    conform to the requirements of Sec. 173.421(a)(1) through (a)(5) or 
    Sec. 173.424(a) through (g), as appropriate.
        23. Subpart I of Part 173 is revised to read as follows:
    
    Subpart I-Class 7 (Radioactive) Materials
    
    173.401 Scope.
    173.403 Definitions.
    173.410 General design requirements.
    173.411 Industrial packagings.
    173.412 Additional design requirements for Type A packages.
    173.413 Requirements for Type B packages.
    173.415 Authorized Type A packages.
    173.416 Authorized Type B packages.
    173.417 Authorized fissile materials packages.
    173.418 Authorized packages--pyrophoric Class 7 (radioactive) 
    materials.
    173.419 Authorized packages--oxidizing Class 7 (radioactive) 
    materials.
    173.420 Uranium hexafluoride (fissile, fissile excepted and non-
    fissile).
    173.421 Excepted packages for limited quantities of Class 7 
    (radioactive) materials.
    173.422 Additional requirements for excepted packages containing 
    Class 7 (radioactive) materials.
    173.423 Requirements for multiple hazard limited quantity Class 7 
    (radioactive) materials.
    173.424 Excepted packages for radioactive instruments and articles.
    173.425 Table of activity limits--excepted quantities and articles. 
    
    [[Page 50308]]
    
    173.426 Excepted packages for articles containing natural uranium or 
    thorium.
    173.427 Transport requirements for low specific activity (LSA) Class 
    7 (radioactive) materials and surface contaminated objects (SCO).
    173.428 Empty Class 7 (radioactive) materials packaging.
    173.431 Activity limits for Type A and Type B packages.
    173.433 Requirements for determining A1 and A2 values for 
    radionuclides and for the listing of radionuclides on shipping 
    papers and labels.
    173.434 Activity-mass relationships for uranium and natural thorium.
    173.435 Table of A1 and A2 values for radionuclides.
    173.441 Radiation level limitations.
    173.442 Thermal limitations.
    173.443 Contamination control.
    173.444 Labeling requirements.
    173.446 Placarding requirements.
    173.447 Storage incident to transportation--general requirements.
    173.448 General transportation requirements.
    173.451 Fissile materials--general requirements.
    173.453 Fissile materials--exceptions.
    173.457 Transportation of fissile material, controlled shipments--
    specific requirements.
    173.459 Mixing of fissile material packages.
    173.461 Demonstration of compliance with tests.
    173.462 Preparation of specimens for testing.
    173.463 Packaging and shielding--testing for integrity.
    173.465 Type A packaging tests.
    173.466 Additional tests for Type A packagings designed for liquids 
    and gases.
    173.467 Tests for demonstrating the ability of Type B and fissile 
    materials packagings to withstand accident conditions in 
    transportation.
    173.468 Test for LSA-III material.
    173.469 Tests for special form Class 7 (radioactive) materials.
    173.471 Requirements for U.S. Nuclear Regulatory Commission approved 
    packages.
    173.472 Requirements for exporting DOT Specification Type B and 
    fissile packages.
    173.473 Requirements for foreign-made packages.
    173.474 Quality control for construction of packaging.
    173.475 Quality control requirements prior to each shipment of Class 
    7 (radioactive) materials.
    173.476 Approval of special form Class 7 (radioactive) materials.
    173.477 Approval for export shipments.
    173.478 Notification to competent authorities for export shipments.
    
    Subpart I--Class 7 (Radioactive) Materials
    
    
    Sec. 173.401  Scope.
    
        (a) This subpart sets forth requirements for the packaging and 
    transportation of Class 7 (radioactive) materials by offerors and 
    carriers subject to this subchapter. The requirements prescribed in 
    this subpart are in addition to, not in place of, other requirements 
    set forth in this subchapter for Class 7 (radioactive) materials and 
    those of the Nuclear Regulatory Commission in 10 CFR Part 71.
        (b) This subpart does not apply to:
        (1) Class 7 (radioactive) materials produced, used, transported, or 
    stored within an establishment other than during the course of 
    transportation, including storage in transportation.
        (2) Class 7 (radioactive) materials contained in a medical device, 
    such as a heart pacemaker, which is implanted in a human being or live 
    animal.
        (3) Class 7 (radioactive) materials that have been injected into, 
    ingested by, or are otherwise placed into, and are still in, human 
    beings or live animals.
    
    
    Sec. 173.403  Definitions.
    
        For purposes of this subpart--
        A1 means the maximum activity of special form Class 7 
    (radioactive) material permitted in a Type A package.
        A2 means the maximum activity of Class 7 (radioactive) 
    material, other than special form, LSA or SCO, permitted in a Type A 
    package. These values are either listed in Sec. 173.435 or derived in 
    accordance with the procedure prescribed in Sec. 173.433.
        Class 7 (radioactive) material. See the definition of Radioactive 
    material in this section.
        Closed transport vehicle means a transport vehicle or conveyance 
    equipped with a securely attached exterior enclosure that during normal 
    transportation restricts the access of unauthorized persons to the 
    cargo space containing the Class 7 (radioactive) materials. The 
    enclosure may be either temporary or permanent, and in the case of 
    packaged materials may be of the ``see-through'' type, and must limit 
    access from top, sides, and bottom.
        Containment system means the assembly of components of the 
    packaging intended to retain the radioactive contents during 
    transportation.
        Conveyance means:
        (1) For transport by public highway or rail: any transport vehicle 
    or large freight container;
        (2) For transport by water: any vessel, or any hold, compartment, 
    or defined deck area of a vessel including any transport vehicle on 
    board the vessel; and
        (3) For transport by aircraft, any aircraft.
        Design means the description of a special form Class 7 
    (radioactive) material, a package, packaging, or LSA-III, that enables 
    those items to be fully identified. The description may include 
    specifications, engineering drawings, reports showing compliance with 
    regulatory requirements, and other relevant documentation.
        Exclusive use (also referred to in other regulations as ``sole 
    use'' or ``full load'') means sole use by a single consignor of a 
    conveyance for which all initial, intermediate, and final loading and 
    unloading are carried out in accordance with the direction of the 
    consignor or consignee. The consignor and the carrier must ensure that 
    any loading or unloading is performed by personnel having radiological 
    training and resources appropriate for safe handling of the 
    consignment. The consignor must issue specific instructions in writing, 
    for maintenance of exclusive use shipment controls, and include them 
    with the shipping paper information provided to the carrier by the 
    consignor.
        Fissile material means plutonium-238, plutonium-239, plutonium-241, 
    uranium-233, uranium-235, or any combination of these radionuclides. 
    The definition does not apply to unirradiated natural uranium and 
    depleted uranium, and natural uranium or depleted uranium that has been 
    irradiated in a thermal reactor. Certain additional exceptions are 
    provided in Sec. 173.453.
        Fissile material, controlled shipment means any shipment that 
    contains one or more packages that have been assigned, in accordance 
    with Sec. 173.457, nuclear criticality control transport indices 
    greater than 10.
        Freight container means a reusable container having a volume of 
    1.81 cubic meters (64 cubic feet) or more, designed and constructed to 
    permit its being lifted with its contents intact and intended primarily 
    for containment of packages in unit form during transportation. A 
    ``small freight container'' is one which has either one outer dimension 
    less than 1.5 meters (4.9 feet) or an internal volume of not more than 
    3.0 cubic meters (106 cubic feet). All other freight containers are 
    designated as ``large freight containers.''
        Highway route controlled quantity means a quantity within a single 
    package which exceeds:
        (1) 3,000 times the A1 value of the radionuclides as specified 
    in Sec. 173.435 for special form Class 7 (radioactive) material;
        (2) 3,000 times the A2 value of the radionuclides as specified 
    in Sec. 173.435 for normal form Class 7 (radioactive) material; or
        (3) 1,000 TBq (27,000 Ci), whichever is least. 
    
    [[Page 50309]]
    
        Limited quantity of Class 7 (radioactive) material means a quantity 
    of Class 7 (radioactive) material not exceeding the materials package 
    limits specified in Sec. 173.425 and conforming with requirements 
    specified in Sec. 173.421.
        Low Specific Activity (LSA) material means Class 7 (radioactive) 
    material with limited specific activity which satisfies the 
    descriptions and limits set forth below. Shielding materials 
    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) LSA-I.
        (i) Ores containing only naturally occurring radionuclides (e.g., 
    uranium, thorium) and uranium or thorium concentrates of such ores; or
        (ii) Solid unirradiated natural uranium or depleted uranium or 
    natural thorium or their solid or liquid compounds or mixtures; or
        (iii) Class 7 (radioactive) material, other than fissile material, 
    for which the A2 value is unlimited; or
        (iv) Mill tailings, contaminated earth, concrete, rubble, other 
    debris, and activated material in which the Class 7 (radioactive) 
    material is essentially uniformly distributed and the average specific  
    activity  does  not exceed 10-\6\A2/g.
        (2) LSA-II.
        (i) Water with tritium concentration up to 0.8 TBq/liter (20.0 Ci/
    liter); or
        (ii) Material in which the Class 7 (radioactive) material is 
    essentially uniformly distributed and the average specific  activity  
    does  not  exceed 10-\4\A2/g for solids and gases, and 
    10-\5\A2/g for liquids.
        (3) LSA-III. Solids (e.g., consolidated wastes, activated 
    materials) that meet the requirements of Sec. 173.468 and which:
        (i) The Class 7 (radioactive) material is essentially uniformly 
    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.); and
        (ii) The Class 7 (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
        (iii) The  average  specific  activity  of  the  solid  does  not  
    exceed  2 x 10-\3\A2/g.
        Low toxicity alpha emitters are:
        (1) Natural uranium, depleted uranium, and natural thorium;
        (2) Ores, concentrates or tailings containing uranium-235, uranium-
    238, thorium-232, thorium-228 and thorium-230; or
        (3) Alpha emitters with a half-life of less than 10 days.
        Maximum normal operating pressure means the maximum gauge pressure 
    that would develop in a receptacle in a period of one year, in the 
    absence of venting or cooling, under the heat conditions specified in 
    10 CFR 71.71(c)(1)
        Multilateral approval means approval of a package or shipment by 
    the relevant competent authority of the country of origin and of each 
    country through or into which the package or shipment is to be 
    transported. This definition does not include approval from a country 
    over which Class 7 (radioactive) materials are carried in aircraft, if 
    there is no scheduled stop in that country.
        Natural thorium means thorium with the naturally occurring 
    distribution of thorium isotopes (essentially 100 percent by weight of 
    thorium-232).
        Non-fixed radioactive contamination means radioactive contamination 
    that can be readily removed from a surface by wiping with an absorbent 
    material. Non-fixed (removable) radioactive contamination is not 
    significant if it does not exceed the limits specified in Sec. 173.443.
        Normal form Class 7 (radioactive) material means Class 7 
    (radioactive) material which has not been demonstrated to qualify as 
    ``special form Class 7 (radioactive) material.''
        Package means, for Class 7 (radioactive) materials, the packaging 
    together with its radioactive contents as presented for transport.
        (1) ``Excepted package'' means a packaging together with its 
    excepted Class 7 (radioactive) materials as specified in Secs. 173.421-
    173.426 and 173.428.
        (2) ``Type A package'' means a packaging that, together with its 
    radioactive contents limited to A1 or A2 as appropriate, 
    meets the requirements of Secs. 173.410 and 173.412 and is designed to 
    retain the integrity of containment and shielding required by this part 
    under normal conditions of transport as demonstrated by the tests set 
    forth in Sec. 173.465 or Sec. 173.466, as appropriate. A Type A package 
    does not require Competent Authority Approval.
        (3) ``Type B package'' means a Type B packaging that, together with 
    its radioactive contents, is designed to retain the integrity of 
    containment and shielding required by this part when subjected to the 
    normal conditions of transport and hypothetical accident test 
    conditions set forth in 10 CFR Part 71.
        (i) ``Type B(U) package'' means a Type B packaging that, together 
    with its radioactive contents, for international shipments requires 
    unilateral approval only of the package design and of any stowage 
    provisions that may be necessary for heat dissipation.
        (ii) ``Type B(M) package'' means a Type B packaging, together with 
    its radioactive contents, that for international shipments requires 
    multilateral approval of the package design, and may require approval 
    of the conditions of shipment. Type B(M) packages are those Type B 
    package designs which have a maximum normal operating pressure of more 
    than 700 kilopascals per square centimeter (100 pounds per square inch) 
    gauge or a relief device which would allow the release of Class 7 
    (radioactive) material to the environment under the hypothetical 
    accident conditions specified in 10 CFR Part 71.
        (4) ``Industrial package'' means a packaging that, together with 
    its low specific activity (LSA) material or surface contaminated object 
    (SCO) contents, meets the requirements of Secs. 173.410 and 173.411. 
    Industrial packages are categorized in Sec. 173.411 as either:
        (i) ``Industrial package Type 1 (IP-1)'';
        (ii) ``Industrial package Type 2 (IP-2)''; or
        (iii) ``Industrial package Type 3 (IP-3)''.
        Packaging means, for Class 7 (radioactive) materials, the assembly 
    of components necessary to ensure compliance with the packaging 
    requirements of this subpart. It may consist of one or more 
    receptacles, absorbent materials, spacing structures, thermal 
    insulation, radiation shielding, service equipment for filling, 
    emptying, venting and pressure relief, and devices for cooling or 
    absorbing mechanical shocks. The conveyance, tie-down system, and 
    auxiliary equipment may sometimes be designated as part of the 
    packaging.
        Radiation level means the radiation dose-equivalent rate expressed 
    in millisievert(s) per hour or mSv/h (millirem(s) per hour or mrem/h). 
    Neutron flux densities may be converted into radiation levels according 
    to Table 1:
    
                                                                            
    
    [[Page 50310]]
        Table 1.--Neutron Fluence Rates To Be Regarded as Equivalent to a   
                  Radiation Level of 0.01 mSv/h (1 mrem/h) \1\              
    ------------------------------------------------------------------------
                                                                     Flux   
                                                                   density  
                                                                  equivalent
                                                                 to 0.01 mSv/
                                                                  h (1 mrem/
                         Energy of neutron                       h) neutrons
                                                                  per square
                                                                  centimeter
                                                                  per second
                                                                 (n/cm\2\/s)
    ------------------------------------------------------------------------
    Thermal (2.510E-8)MeV......................................        272.0
    1 keV......................................................        272.0
    10 keV.....................................................        281.0
    100 keV....................................................         47.0
    500 keV....................................................         11.0
    1 MeV......................................................          7.5
    5 MeV......................................................          6.4
    10 MeV.....................................................         6.7 
    ------------------------------------------------------------------------
    \1\ Flux densities equivalent for energies between those listed in this 
      table may be obtained by linear interpolation.                        
    
    
        Radioactive contents means a Class 7 (radioactive) material, 
    together with any contaminated liquids or gases within the package.
        Radioactive instrument and article means any manufactured 
    instrument and article such as an instrument, clock, electronic tube or 
    apparatus, or similar instrument and article having Class 7 
    (radioactive) material in gaseous or non-dispersible solid form as a 
    component part.
        Radioactive material means any material having a specific activity 
    greater than 70 Bq per gram (0.002 microcurie per gram) (see definition 
    of ``specific activity'').
        Special form Class 7 (radioactive) material means Class 7 
    (radioactive) material which satisfies the following conditions:
        (1) It is either a single solid piece or is contained in a sealed 
    capsule that can be opened only by destroying the capsule;
        (2) The piece or capsule has at least one dimension not less than 5 
    millimeters (0.2 inch); and
        (3) It satisfies the test requirements of Sec. 173.469. Special 
    form encapsulations designed in accordance with the requirements of 
    Sec. 173.389(g) in effect on June 30, 1983 (see 49 CFR Part 173, 
    revised as of October 1, 1982), and constructed prior to July 1, 1985 
    and special form encapsulations designed in accordance with the 
    requirements of Sec. 173.403 in effect on March 31, 1996 (see 49 CFR 
    Part 173, revised as of October 1, 1995), and constructed prior to 
    April 1, 1997, may continue to be used. Any other special form 
    encapsulation must meet the requirements of this paragraph.
        Specific activity of a radionuclide means the activity of the 
    radionuclide per unit mass of that nuclide. The specific activity of a 
    material in which the radionuclide is essentially uniformly distributed 
    is the activity per unit mass of the material.
        Surface Contaminated Object (SCO) means a solid object which is not 
    itself radioactive but which has Class 7 (radioactive) material 
    distributed on any of its surfaces. SCO must be in one of two groups 
    with surface activity not exceeding the following limits:
        (1) SCO-I: A solid object on which:
        (i) The non-fixed contamination on the accessible surface averaged 
    over 300 cm2 (or the area of the surface if less than 300 
    cm2) does not exceed 4 Bq/cm2 (10-4 microcurie/cm2) 
    for beta and gamma and low toxicity alpha emitters, or 0.4 Bq/cm2 
    (10-5 microcurie/cm2) for alpha emitters;
        (ii) The fixed contamination on the accessible surface averaged 
    over 300 cm2 (or the area of the surface if less than 300 
    cm2) does not exceed 4  x  104 Bq/cm2 (1.0 microcurie/
    cm2) for beta and gamma and low toxicity alpha emitters, or 4  x  
    103 Bq/cm2 (0.1 microcurie/cm2) for all other alpha 
    emitters; and
        (iii) The non-fixed contamination plus the fixed contamination on 
    the inaccessible surface averaged over 300 cm2 (or the area of the 
    surface if less than 300 cm2) does not exceed 4  x  104 Bq/
    cm2 (1 microcurie/cm2) for beta and gamma and low toxicity 
    alpha emitters, or 4  x  103 Bq/cm2 (0.1 microcurie/cm2) 
    for all other alpha emitters.
        (2) SCO-II: A solid object on which the limits for SCO-I are 
    exceeded and on which:
        (i) The non-fixed contamination on the accessible surface averaged 
    over 300 cm2 (or the area of the surface if less than 300 
    cm2) does not exceed 400 Bq/cm2 (10-2 microcurie/
    cm2) for beta and gamma and low toxicity alpha emitters or 40 Bq/
    cm2 (10-3 microcurie/cm2) for all other alpha emitters;
        (ii) The fixed contamination on the accessible surface averaged 
    over 300 cm2 (or the area of the surface if less than 300 
    cm2) does not exceed 8  x  105 Bq/cm2 (20 microcurie/
    cm2) for beta and gamma and low toxicity alpha emitters, or 8  x  
    104 Bq/cm2 (2 microcuries/cm2) for all other alpha 
    emitters; and
        (iii) The non-fixed contamination plus the fixed contamination on 
    the inaccessible surface averaged over 300 cm2 (or the area of the 
    surface if less than 300 cm2) does not exceed 8  x  105 Bq/
    cm2 (20 microcuries/cm2) for beta and gamma and low toxicity 
    alpha emitters, or 8  x  104 Bq/cm2 (2 microcuries/cm2) 
    for all other alpha emitters.
        Transport index (TI) means the dimensionless number (rounded up to 
    the next tenth) placed on the label of a package to designate the 
    degree of control to be exercised by the carrier during transportation. 
    The transport index is determined as follows:
        (1) For nonfissile material packages, the number determined by 
    multiplying the maximum radiation level in milliSievert(s) per hour at 
    one meter (3.3 feet) from the external surface of the package by 100 
    (equivalent to the maximum radiation level in millirem per hour at one 
    meter (3.3 feet)); or
        (2) For fissile material packages, the number determined by 
    multiplying the maximum radiation level in milliSievert per hour at one 
    meter (3.3 feet) from any external surface of the package by 100 
    (equivalent to the maximum radiation level in millirem per hour at one 
    meter (3.3 feet)) or, for criticality control purposes, the number 
    obtained by dividing 50 by the allowable number of packages which may 
    be transported together, whichever number is larger.
        Type A quantity means a quantity of Class 7 (radioactive) material, 
    the aggregate radioactivity which does not exceed A1 for special 
    form Class 7 (radioactive) material or A2 for normal form Class 7 
    (radioactive) material, where A1 and A2 values are given in 
    Sec. 173.435 or are determined in accordance with Sec. 173.433.
        Type B quantity means a quantity of material greater than a Type A 
    quantity.
        Unilateral approval means approval of a package solely by the 
    competent authority of the country of origin.
        Unirradiated thorium means thorium containing not more than 
    10-7 grams uranium-233 per gram of thorium-232.
        Unirradiated uranium means uranium containing not more than 
    10-6 grams plutonium per gram of uranium-235 and a fission product 
    activity of not more than 9 MBq (0.24 millicuries) of fission products 
    per gram of uranium-235.
        Uranium--natural, depleted or enriched means the following:
        (1) ``Natural uranium'' means uranium with the naturally occurring 
    distribution of uranium isotopes (approximately 0.711 weight percent 
    uranium-235, and the remainder essentially uranium-238).
        (2) ``Depleted uranium'' means uranium containing less uranium-235 
    than the naturally occurring distribution of uranium isotopes.
        (3) ``Enriched uranium'' means uranium containing more uranium-235 
    than the naturally occurring distribution of uranium isotopes. 
    
    [[Page 50311]]
    
    
    
    Sec. 173.410  General design requirements.
    
        In addition to the requirements of subparts A and B of this part, 
    each package used for the shipment of Class 7 (radioactive) materials 
    must be designed so that--
        (a) The package can be easily handled and properly secured in or on 
    a conveyance during transport.
        (b) Each lifting attachment that is a structural part of the 
    package must be designed with a minimum safety factor of three against 
    yielding when used to lift the package in the intended manner, and it 
    must be designed so that failure of any lifting attachment under 
    excessive load would not impair the ability of the package to meet 
    other requirements of this subpart. Any other structural part of the 
    package which could be used to lift the package must be capable of 
    being rendered inoperable for lifting the package during transport or 
    must be designed with strength equivalent to that required for lifting 
    attachments.
        (c) The external surface, as far as practicable, will be free from 
    protruding features and will be easily decontaminated.
        (d) The outer layer of packaging will avoid, as far as practicable, 
    pockets or crevices where water might collect.
        (e) Each feature that is added to the package will not reduce the 
    safety of the package.
        (f) The package will be capable of withstanding the effects of any 
    acceleration, vibration or vibration resonance (see Sec. 178.608 of 
    this subchapter) that may arise under normal conditions of transport 
    without any deterioration in the effectiveness of the closing devices 
    on the various receptacles or in the integrity of the package as a 
    whole and without loosening or unintentionally releasing the nuts, 
    bolts, or other securing devices even after repeated use (see 
    Secs. 173.24 and 173.24a).
        (g) The materials of construction of the packaging and any 
    components or structure will be physically and chemically compatible 
    with each other and with the package contents. The behavior of the 
    packaging and the package contents under irradiation will be taken into 
    account.
        (h) All valves through which the package contents could escape will 
    be protected against unauthorized operation;
        (i) For transport by air--
        (1) The temperature of the accessible surfaces of the package will 
    not exceed 50 deg.C (122 deg.F) at an ambient temperature of 38 deg.C 
    (100 deg.F) with no account taken for insulation;
        (2) The integrity of containment will not be impaired if the 
    package is exposed to ambient temperatures ranging from -40 deg.C 
    (-40 deg.F) to +55 deg.C (131 deg.F); and
        (3) Packages containing liquid contents will be capable of 
    withstanding, without leakage, an internal pressure that produces a 
    pressure differential of not less than 95 kPa (13.8 lb/in\2\).
    
    
    Sec. 173.411  Industrial packagings.
    
        (a) General. Each industrial packaging must comply with the 
    requirements of this section which specifies packaging tests, and 
    record retention applicable to Industrial Packaging Type 1 (IP-1), 
    Industrial Packaging Type 2 (IP-2), and Industrial Packaging Type 3 
    (IP-3).
        (b) Industrial packaging certification and tests. (1) Each IP-1 
    must meet the general design requirements prescribed in Sec. 173.410.
        (2) Each IP-2 must meet the general design requirements prescribed 
    in Sec. 173.410 and when subjected to the tests specified in 
    Sec. 173.465 (c) and (d) or evaluated against these tests by any of the 
    methods authorized by Sec. 173.461(a), must prevent:
        (i) Loss or dispersal of the radioactive contents; and
        (ii) A greater than 20% increase in the radiation levels recorded 
    or calculated at the external surfaces for the condition before the 
    test.
        (3) Each IP-3 packaging must meet the requirements for an IP-1 and 
    an IP-2, and must meet the requirements specified in Sec. 173.412(a) 
    through Sec. 173.412(j).
        (4) Each specification IM 101 or IM 102 portable tank 
    (Secs. 178.270, 178.271, 178.272 of this subchapter) that is certified 
    as meeting the requirements for an IP-2 or IP-3 must:
        (i) Satisfy the requirements for IP-2 or IP-3, respectively;
        (ii) Be capable of withstanding a test pressure of 265 kPa (37.1 
    pounds per square inch) gauge;
        (iii) Be designed so that any added shielding is capable of 
    withstanding the static and dynamic stresses resulting from normal 
    handling and normal conditions of transport; and
        (iv) Be designed so that loss of shielding will not result in a 
    significant increase in the radiation levels recorded at the external 
    surfaces.
        (5) Each freight container that is certified as meeting the 
    requirements of IP-2 or IP-3, must--
        (i) Satisfy the requirements for IP-2 or IP-3, respectively;
        (ii) Be designed to conform to the requirements of ISO 1496-3-
    1995(E), ``Series 1 Freight Containers--Specifications and Testing--
    Part 3: Tank Containers for Liquids, Gases and Pressurized Dry Bulk'';
        (iii) Be designed so that loss of shielding will not result in a 
    significant increase in the radiation levels recorded at the external 
    surfaces if they are subjected to the tests specified in ISO 1496/1-
    1995(E); and
        (iv) For international transportation, have a safety approval plate 
    in conformance with 49 CFR 451.21 through 451.25.
        (c) Except for IP-1 packagings, each offeror of an industrial 
    package must maintain on file for at least one year after the latest 
    shipment, and shall provide to the Associate Administrator for 
    Hazardous Materials Safety on request, complete documentation of tests 
    and an engineering evaluation or comparative data showing that the 
    construction methods, packaging design, and materials of construction 
    comply with that specification.
    
    
    Sec. 173.412  Additional design requirements for Type A packages.
    
        In addition to meeting the general design requirements prescribed 
    in Sec. 173.410, each Type A packaging must be designed so that--
        (a) The outside of the packaging incorporates a feature, such as a 
    seal, that is not readily breakable, and that, while intact, is 
    evidence that the package has not been opened. In the case of packages 
    shipped in closed transport vehicles in exclusive use, the cargo 
    compartment, instead of the individual packages, may be sealed.
        (b) The smallest external dimension of the package is not less than 
    10 centimeters (4 inches).
        (c) Containment and shielding is maintained during transportation 
    and storage in a temperature range of -40 deg.C (-40 deg.F) to 70 deg.C 
    (158 deg.F). Special attention shall be given to liquid contents and to 
    the potential degradation of the packaging materials within the 
    temperature range.
        (d) The packaging must include a containment system securely closed 
    by a positive fastening device that cannot be opened unintentionally or 
    by pressure that may arise within the package during normal transport. 
    Special form Class 7 (radioactive) material, as demonstrated in 
    accordance with Sec. 173.469, may be considered as a component of the 
    containment system. If the containment system forms a separate unit of 
    the package, it must be securely closed by a positive fastening device 
    that is independent of any other part of the package.
        (e) For each component of the containment system account is taken, 
    
    [[Page 50312]]
        where applicable, of radiolytic decomposition of materials and the 
    generation of gas by chemical reaction and radiolysis.
        (f) The containment system will retain its radioactive contents 
    under the reduction of ambient pressure to 25 kPa (3.6 pounds per 
    square inch).
        (g) Each valve, other than a pressure relief device, is provided 
    with an enclosure to retain any leakage.
        (h) Any radiation shield that encloses a component of the packaging 
    specified as part of the containment system will prevent the 
    unintentional escape of that component from the shield.
        (i) Failure of any tie-down attachment that is a structural part of 
    the packaging, under both normal and accident conditions, must not 
    impair the ability of the package to meet other requirements of this 
    subpart.
        (j) When evaluated against the performance requirements of this 
    section and the tests specified in Sec. 173.465 or using any of the 
    methods authorized by Sec. 173.461(a), the packaging will prevent--
        (1) Loss or dispersal of the radioactive contents; and
        (2) A significant increase in the radiation levels recorded or 
    calculated at the external surfaces for the condition before the test.
        (k) Each packaging designed for liquids will--
        (1) Be designed to provide for ullage to accommodate variations in 
    temperature of the contents, dynamic effects and filling dynamics;
        (2) Meet the conditions prescribed in paragraph (j) of this section 
    when subjected to the tests specified in Sec. 173.466 or evaluated 
    against these tests by any of the methods authorized by 
    Sec. 173.461(a); and
        (3) Either--
        (i) Have sufficient suitable absorbent material to absorb twice the 
    volume of the liquid contents. The absorbent material must be 
    compatible with the package contents and suitably positioned to contact 
    the liquid in the event of leakage; or
        (ii) Have a containment system composed of primary inner and 
    secondary outer containment components designed to assure retention of 
    the liquid contents within the secondary outer component in the event 
    that the primary inner component leaks.
        (l) Each package designed for gases, other than tritium not 
    exceeding 40 TBq (1000Ci) or noble gases not exceeding the A2 
    value appropriate for the noble gas, will be able to prevent loss or 
    dispersal of contents when the package is subjected to the tests 
    prescribed in Sec. 173.466 or evaluated against these tests by any of 
    the methods authorized by Sec. 173.461(a).
    
    
    Sec. 173.413  Requirements for Type B packages.
    
        Except as provided in Sec. 173.416, each Type B(U) or Type B(M) 
    package must be designed and constructed to meet the applicable 
    requirements specified in 10 CFR Part 71.
    
    
    Sec. 173.415  Authorized Type A packages.
    
        The following packages are authorized for shipment if they do not 
    contain quantities exceeding A1 or A2 as appropriate:
        (a) DOT Specification 7A (Sec. 178.350 of this subchapter) Type A 
    general packaging. Each offeror of a Specification 7A package must 
    maintain on file for at least one year after the latest shipment, and 
    shall provide to DOT on request, complete documentation of tests and an 
    engineering evaluation or comparative data showing that the 
    construction methods, packaging design, and materials of construction 
    comply with that specification. Use of Specification 7A packagings 
    designed in accordance with the requirements of Sec. 178.350 of this 
    subchapter in effect on June 30, 1983 (see 49 CFR Part 178 revised as 
    of October 1, 1982), is not authorized after April 1, 1997.
        (b) Any other Type A packaging that also meets the applicable 
    standards for fissile materials in 10 CFR Part 71 and is used in 
    accordance with Sec. 173.471.
        (c) Any Type B, B(U) or B(M) packaging authorized pursuant to 
    Sec. 173.416.
        (d) Any foreign-made packaging that meets the standards in IAEA 
    ``Safety Series No. 6'' and bears the marking ``Type A'' and was used 
    for the import of Class 7 (radioactive) materials. Such packagings may 
    be subsequently used for domestic and export shipments of Class 7 
    (radioactive) materials provided the offeror obtains the applicable 
    documentation of tests and engineering evaluations and maintains the 
    documentation on file in accordance with paragraph (a) of this section. 
    These packagings must conform with requirements of the country of 
    origin (as indicated by the packaging marking) and the IAEA regulations 
    applicable to Type A packagings.
    
    
    Sec. 173.416  Authorized Type B packages.
    
        Each of the following packages is authorized for shipment of 
    quantities exceeding A1 or A2, as appropriate:
        (a) Any Type B, Type B(U) or Type B(M) packaging that meets the 
    applicable requirements of 10 CFR Part 71 and that has been approved by 
    the U.S. Nuclear Regulatory Commission may be shipped pursuant to 
    Sec. 173.471.
        (b) Any Type B, B(U) or B(M) packaging that meets the applicable 
    requirements of the regulations of the International Atomic Energy 
    Agency (IAEA) in its ``Regulations for the Safe Transport of 
    Radioactive Materials, Safety Series No. 6'' and for which the foreign 
    competent authority certificate has been revalidated by DOT pursuant to 
    Sec. 173.473. These packagings are authorized only for export and 
    import shipments.
        (c) DOT Specification 6M (Sec. 178.354 of this subchapter) metal 
    packaging, only for solid or gaseous Class 7 (radioactive) materials 
    that will not undergo pressure-generating decomposition at temperatures 
    up to 121 deg.C (250 deg.F) and that do not generate more than 10 watts 
    of radioactive decay heat.
        (d) For contents in other than special form; DOT Specification 20WC 
    (Sec. 178.362 of this subchapter), wooden protective jacket, when used 
    with a single, snug-fitting inner DOT Specification 2R (Sec. 178.360 of 
    this subchapter). For liquid contents, the inner packaging must conform 
    to Sec. 173.412(j) and (k).
        (e) For contents in special form only; DOT Specification 20WC 
    (Sec. 178.362 of this subchapter), wooden protective jacket, with a 
    single snug-fitting inner Type A packaging that has a metal outer wall 
    and conforms to Sec. 178.350 of this subchapter. Radioactive decay heat 
    may not exceed 100 watts.
        (f) For contents in special form only; DOT Specification 21WC 
    (Sec. 178.364 of this subchapter), wooden protective overpack, with a 
    single inner DOT Specification 2R (Sec. 178.360 of this subchapter). 
    Contents must be loaded within the inner packaging in such a manner as 
    to prevent loose movement during transportation. The inner packaging 
    must be securely positioned and centered within the overpack so that 
    there will be no significant displacement of the inner packaging if 
    subjected to the 9 meter (30 feet) drop test described in 10 CFR part 
    71.
    
    
    Sec. 173.417  Authorized fissile materials packages.
    
        (a) Except as provided in Sec. 173.453, fissile materials 
    containing not more than A1 or A2 as appropriate, must be 
    packaged in one of the following packagings:
        (1) DOT Specification 6L (Sec. 178.352 of this subchapter), metal 
    packaging, for materials prescribed in paragraph (b)(1) of this 
    section. 
    
    [[Page 50313]]
    
        (2) DOT Specification 6M (Sec. 178.354 of this subchapter), metal 
    packaging, for materials prescribed in paragraph (b)(2) of this 
    section.
        (3) Any packaging listed in Sec. 173.415, limited to the Class 7 
    (radioactive) materials specified in 10 CFR part 71, subpart C.
        (4) Any other Type A or Type B, Type B(U), or Type B(M) packaging 
    for fissile Class 7 (radioactive) materials that also meets the 
    applicable standards for fissile materials in 10 CFR part 71.
        (5) Any other Type A or Type B, Type B(U), or Type B(M) packaging 
    that also meets the applicable requirements for fissile material 
    packaging in Section V of the International Atomic Energy Agency 
    ``Regulations for the Safe Transport of Radioactive Materials, Safety 
    Series No. 6,'' and for which the foreign competent authority 
    certificate has been revalidated by the U.S. Competent Authority, in 
    accordance with Sec. 173.473. These packages are authorized only for 
    export and import shipments.
        (6) A 55-gallon 1A2 steel drum, meeting the applicable packaging 
    testing requirements of subpart M of Part 178 of this subchapter at the 
    packing group I performance level, subject to the following conditions:
        (i) The quantity may not exceed 350 grams of uranium-235 in any 
    non-pyrophoric form, enriched to any degree in the uranium-235 isotope;
        (ii) Each drum must have a minimum 18 gauge body and bottom head 
    and 16 gauge removable top head with one or more corrugations in the 
    cover near the periphery;
        (iii) Closure must conform to Sec. 178.352 of this subchapter;
        (iv) At least four equally spaced 12 millimeter (0.5 inch) diameter 
    vent holes must be provided on the sides of the drum near the top, each 
    covered with weatherproof tape; or equivalent device;
        (v) Appropriate primary, inner containment of the contents and 
    sufficient packaging material, such as plastic or metal jars or cans, 
    must be provided such that Specification 7A (Sec. 178.350 of this 
    subchapter) provisions are satisfied by the inner packaging;
        (vi) Each inner container must be capable of venting if subjected 
    to the thermal test described in 10 CFR part 71;
        (vii) Liquid contents must be packaged in accordance with 
    Sec. 173.412 (j) and (k); and
        (viii) The maximum weight of contents, including internal 
    packaging, may not exceed 91 kilograms (200 pounds) with fissile 
    material content limited as shown in Table 2:
    
                        Table 2.--Fissile Material Content and Transport Index for UN1A2 Package                    
    ----------------------------------------------------------------------------------------------------------------
                   Maximum quantity and minimum transport index                  Maximum No. of packages transported
    ---------------------------------------------------------------------------   as a fissile material controlled  
          U-235 per package (grams)        Minimum transport index per package                shipment              
    ----------------------------------------------------------------------------------------------------------------
    350.................................                            1.8                                    72       
    300.................................                            1.0                                   129       
    250.................................                            0.5                                   256       
    200.................................                            0.3                                   500       
    150.................................                            0.1                                   500       
    100.................................                            0.1                                   500       
    50..................................                          (\1\)                                 (\2\)       
    ----------------------------------------------------------------------------------------------------------------
    \1\ Transport index is limited by the external radiation levels.                                                
    \2\ Maximum number is limited by the total transport index.                                                     
    
        (7) Any metal cylinder that meets the requirements of Sec. 173.415 
    and Sec. 178.350 of this subchapter for Specification 7A Type A 
    packaging may be used for the transport of residual ``heels'' of 
    enriched solid uranium hexafluoride without a protective overpack in 
    accordance with Table 3, as follows:
    
          Table 3.--Allowable Content of Uranium Hexafluoride (UF\6\) ``Heels'' In a Specification 7A Cylinder      
    ----------------------------------------------------------------------------------------------------------------
                             Maximum cylinder        Cylinder volume       Maximum     Maximum ``Heel'' weight per  
                                 diameter        -----------------------  Uranium-               cylinder           
                         ------------------------                            235    --------------------------------
                                                                Cubic    enrichment                  Uranium-235    
                          Centimeters    Inches     Liters       Feet      (weight      UF6    ---------------------
                                                                          percent)                  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  \1\ 108.9         4.5      22.7         50.0      0.690       1.52
    122.0...............          48     4,041.0  \2\ 142.7         4.5      22.7         50.0      0.690       1.52
    ----------------------------------------------------------------------------------------------------------------
    \1\ 10 ton.                                                                                                     
    \2\ 14 ton.                                                                                                     
    
        (8) DOT Specification 20PF-1, 20PF-2, or 20PF-3 (Sec. 178.356 of 
    this subchapter), or Specification 21PF-1A, 21PF-1B, or 21PF-2 
    (Sec. 178.358 of this subchapter) phenolic-foam insulated overpack with 
    snug fitting inner metal cylinders, meeting all requirements of 
    Secs. 173.24, 173.410, 173.412, and 173.420 and the following:
        (i) Handling procedures and packaging criteria must be in 
    accordance with DOE Report ORO-651 or ANSI N14.1.
        (ii) Quantities of uranium hexafluoride are authorized as shown in 
    Table 6 of this section, with each package assigned a minimum transport 
    index as also shown.
        (b) Fissile Class 7 (radioactive) materials with radioactive 
    content exceeding A1 or A2 must be packaged in one of the 
    following packagings: 
    
    [[Page 50314]]
    
        (1) DOT Specification 6L (Sec. 178.352 of this subchapter), metal 
    packaging. These packages may contain only uranium-235, plutonium-239, 
    or plutonium-241, as metal, oxide, or compounds that do not decompose 
    at temperatures up to 149 deg.C (300 deg.F). Radioactive decay heat 
    output may not exceed 5 watts. Class 7 (radioactive) materials in 
    normal form must be packaged in one or more tightly sealed metal or 
    polyethylene bottles within a DOT Specification 2R (Sec. 178.360 of 
    this subchapter) containment vessel. Authorized contents are limited in 
    accordance with Table 4, as follows:
    
       Table 4.--Authorized Contents in Kilograms (kg) and Conditions for   
                            Specification 6L Packages                       
    ------------------------------------------------------------------------
            Uranium-235         Plutonium (Plutonium             Maximum No.
    ---------------------------   solutions are not              of packages
                                     authorized)       Minimum   transported
                               ----------------------  fissile       as a   
                      3 H/X<= transport="" fissile=""><=3\1\ 10="" 10=""><= h/x="" index="" material=""><= 10=""><= 20="" control="" shipment="" ------------------------------------------------------------------------="" 14.............="" \2\="" 3.6="" .........="" .........="" 1.3="" 80="" .........="" 2.5="" 2.4="" 1.8="" 50="" ------------------------------------------------------------------------="" \1\="" h/x="" is="" the="" ratio="" of="" hydrogen="" to="" fissile="" atoms="" in="" their="" inner="" containment="" with="" all="" sources="" of="" hydrogen="" in="" the="" containment="" considered.="" \2\="" volume="" not="" to="" exceed="" 3.6="" liters.="" (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)="" 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="" are="" given="" in="" table="" 5.="" the="" minimum="" transport="" index="" to="" be="" assigned="" per="" package="" and="" for="" fissile="" material,="" controlled="" shipments="" and="" 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="" need="" 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="" 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\="" \7\="" plutonium="" \2\="" \3\="" \4\="" maximum="" no.="" --------------------------------------------------------------------------------------------------------------------------------="" pkgs.="" metal="" or="" alloy="" compounds="" metal="" or="" compounds="" metal="" or="" compounds="" transported="" --------------------------------------------------------------="" 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"><=3 h/x="0" h/x="0"><=3 control="" shipment="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" 0.5....................................="" 0.5="" 0.5="" 1.6="" 1.6="" 1.6="">9 0.9      9 0.9       90.9         0            NA 
    3.6....................................        4.4        2.9        7.2        7.6        5.3        3.1        4.1        3.4         0.1       1,250 
    4.2 6..................................        5.2        3.5        8.7        9.6        6.4        3.4        4.5        4.1         0.2         625 
    5.26...................................        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\ 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 P-238, the limit is 0.02 kg because of the 10 watt thermal decay heat limitation.                                                               
    
        (3) Type B, or Type B(U), or B(M) packaging that meets the 
    standards for packaging of fissile materials in 10 CFR part 71, and is 
    approved by the U.S. Nuclear Regulatory Commission and used in 
    accordance with Sec. 173.471. 
    
    [[Page 50315]]
    
        (4) Type B, B(U), or B(M) packaging that meets the applicable 
    requirements for fissile Class 7 (radioactive) materials in Section V 
    of the IAEA ``Regulations for the Safe Transport of Radioactive 
    Materials, Safety Series No. 6'' and for which the foreign competent 
    authority certificate has been revalidated by the U.S. Competent 
    Authority in accordance with Sec. 173.473. These packagings are 
    authorized only for import and export shipments.
        (5) DOT Specifications 20PF-1, 20PF-2, or 20PF-3 (Sec. 178.356 of 
    this subchapter), or DOT Specifications 21PF-1A or 21PF-1B 
    (Sec. 178.358 of this subchapter) phenolic-foam insulated overpack with 
    snug fitting inner metal cylinders, meeting all requirements of 
    Secs. 173.24, 173.410, and 173.412, and the following:
        (i) Handling procedures and packaging criteria must be in 
    accordance with DOE Report ORO-651 or ANSI N14.1; and
        (ii) Quantities of uranium hexafluoride are authorized as shown in 
    Table 6, with each package assigned a minimum transport index as also 
    shown:
    
                                 Table 6.--Authorized Quantities of Uranium Hexafluoride                            
    ----------------------------------------------------------------------------------------------------------------
                                                 Maximum inner cylinder    Maximum weight of   Maximum U-           
                                                        diameter             UF6 contents          235      Minimum 
      Protective overpack specification number  ---------------------------------------------- enrichment  transport
                                                                                                (weight/     index  
                                                 Centimeters    Inches   Kilograms    Pounds    percent)            
    ----------------------------------------------------------------------------------------------------------------
    20PF-1.....................................        12.7           5         25         55       100.0        0.1
    20PF-2.....................................        20.3           8        116        255        12.5        0.4
    20PF-3.....................................        30.5          12        209        460         5.0        1.1
    21PF-1A 1 or 21PF-1B 1.....................      2 76.0        2 30      2,250      4,950         5.0        5.0
    21PF-1A 1 or 21PF-1B 1.....................       376.0         330      2,282      5,020         5.0        5.0
    21PF-2 1...................................      2 76.0        2 30      2,250      4,950         5.0        5.0
    21PF-2 1...................................      3 76.0        3 30      2,282      5,020         5.0        5.0
    ----------------------------------------------------------------------------------------------------------------
    \1\ For 76 cm (30 in) cylinders, the maximum H/U atomic ratio is 0.088.                                         
    \2\ Model 30A inner cylinder (reference ORO-651).                                                               
    \3\ Model 30B inner cylinder (reference ORO-651).                                                               
    
    Sec. 173.418 Authorized packages--pyrophoric Class 7 (radioactive) 
    materials.
    
        Pyrophoric Class 7 (radioactive) materials, as referenced in the 
    Sec. 172.101 Table of this subchapter, in quantities not exceeding 
    A2 per package must be transported in DOT Specification 7A 
    packagings constructed of materials that will not react with, nor be 
    decomposed by, the contents. Contents of the package must be--
        (a) In solid form and must not be fissile unless excepted by 
    Sec. 173.453;
        (b) Contained in sealed and corrosion resistant receptacles with 
    positive closures (friction or slip-fit covers or stoppers are not 
    authorized);
        (c) Free of water and contaminants that would increase the 
    reactivity of the material; and
        (d) Inerted to prevent self-ignition during transport by either--
        (1) Mixing with large volumes of inerting materials, such as 
    graphite, dry sand, or other suitable inerting material, or blended 
    into a matrix of hardened concrete; or
        (2) Filling the innermost receptacle with an appropriate inert gas 
    or liquid.
    
    
    Sec. 173.419  Authorized packages--oxidizing Class 7 (radioactive) 
    materials.
    
        (a) An oxidizing Class 7 (radioactive) material, as referenced in 
    the Sec. 172.101 Table of this subchapter, is authorized in quantities 
    not exceeding an A2 per package, in a DOT Specification 7A package 
    provided that--
        (1) The contents are:
        (i) Not fissile;
        (ii) Packed in inside packagings of glass, metal or compatible 
    plastic; and
        (iii) Cushioned with a material that will not react with the 
    contents; and
        (2) The outside packaging is made of wood, metal, or plastic.
        (b) The package must be capable of meeting the applicable test 
    requirements of Sec. 173.465 without leakage of contents.
        (c) For shipment by air, the maximum quantity in any package may 
    not exceed 11.3 kilograms (25 pounds).
    
    
    Sec. 173.420  Uranium hexafluoride (fissile, fissile excepted and non-
    fissile).
    
        (a) In addition to any other applicable requirements of this 
    subchapter, uranium hexafluoride, fissile, fissile excepted or non-
    fissile, must be offered for transportation as follows:
        (1) Before initial filling and during periodic inspection and test, 
    packagings must be cleaned in accordance with American National 
    Standard N14.1.
        (2) Packagings must be designed, fabricated, inspected, tested and 
    marked in accordance with--
        (i) American National Standard N14.1 (1990, 1987, 1982, 1971) in 
    effect at the time the packaging was manufactured;
        (ii) Specifications for Class DOT-106A multi-unit tank car tanks 
    (Secs. 179.300 and 179.301 of this subchapter); or
        (iii) Section VIII, Division I of the ASME Code, provided the 
    packaging--
        (A) Was manufactured on or before June 30, 1987;
        (B) Conforms to the edition of the ASME Code in effect at the time 
    the packaging was manufactured;
        (C) Is used within its original design limitations; and
        (D) Has shell and head thicknesses that have not decreased below 
    the minimum value specified in the following table:
         
    
    ------------------------------------------------------------------------
                                                          Minimum thickness;
                       Packaging model                        millimeters   
                                                               (inches)     
    ------------------------------------------------------------------------
    1S, 2S..............................................   1.58 (0.062)     
    5A, 5B, 8A..........................................   3.17 (0.125)     
    12A, 12B............................................   4.76 (0.187)     
    30B.................................................   7.93 (0.312)     
    48A, F, X, and Y....................................   12.70 (0.500)    
    48T, O, OM, OM Allied, HX, H, AND G.................   6.35 (0.250)     
    ------------------------------------------------------------------------
    
        (3) Uranium hexafluoride must be in solid form.
        (4) The volume of solid uranium hexafluoride, except solid depleted 
    uranium hexafluoride, at 20 deg.C (68 deg. F) may not exceed 61% of the 
    certified volumetric capacity of the packaging. The volume of solid 
    depleted uranium hexafluoride at 20 deg. C (68 deg. F) may not exceed 
    62% of the certified volumetric capacity of the packaging.
        (5) The pressure in the package at 20 deg. C (68 deg. F) must be 
    less than 101.3 kPa (14.8 psia). 
    
    [[Page 50316]]
    
        (b) Packagings for uranium hexafluoride must be periodically 
    inspected, tested, marked and otherwise conform with the American 
    National Standard N14.1-1990.
        (c) Each repair to a packaging for uranium hexafluoride must be 
    performed in accordance with American National Standard N14.1-1990.
    
    
    Sec. 173.421  Excepted packages for limited quantities of Class 7 
    (radioactive) materials.
    
        (a) A Class 7 (radioactive) material whose activity per package 
    does not exceed the limits specified in Sec. 173.425 and its packaging 
    are excepted from the specification packaging, marking, labeling and, 
    if not a hazardous substance or hazardous waste, the shipping paper and 
    certification requirements of this subchapter and requirements of this 
    subpart if:
        (1) Each package meets the general design requirements of 
    Sec. 173.410;
        (2) The radiation level at any point on the external surface of the 
    package does not exceed 0.005 mSv/hour (0.5 mrem/ hour);
        (3) The nonfixed (removable) radioactive surface contamination on 
    the external surface of the package does not exceed the limits 
    specified in Sec. 173.443(a);
        (4) The outside of the inner packaging or, if there is no inner 
    packaging, the outside of the packaging itself bears the marking 
    ``Radioactive'';
        (5) Except as provided in Sec. 173.426, the package does not 
    contain more than 15 grams of uranium-235; and
        (6) The material is otherwise prepared for shipment as specified in 
    accordance with Sec. 173.422.
        (b) A limited quantity of Class 7 (radioactive) material that is a 
    hazardous substance or a hazardous waste, is not subject to the 
    provisions in Sec. 172.203(d) or Sec. 172.204(c)(4) of this subchapter.
    
    
    Sec. 173.422  Additional requirements for excepted packages containing 
    Class 7 (radioactive) materials.
    
        (a) Excepted packages prepared for shipment under the provisions of 
    Sec. 173.421, Sec. 173.424, Sec. 173.426, or Sec. 173.428 must be 
    certified as being acceptable for transportation by having a notice 
    enclosed in or on the package, included with the packing list, or 
    otherwise forwarded with the package. This notice must include the name 
    of the consignor or consignee and one of the following statements, as 
    appropriate:
        (1) ``This package conforms to the conditions and limitations 
    specified in 49 CFR 173.421 for radioactive material, excepted package-
    limited quantity of material, UN2910'';
        (2) ``This package conforms to the conditions and limitations 
    specified in 49 CFR 173.424 for radioactive material, excepted package-
    instruments or articles, UN2910'';
        (3) ``This package conforms to the conditions and limitations 
    specified in 49 CFR 173.426 for radioactive material, excepted package-
    articles manufactured from natural or depleted uranium, or natural 
    thorium, UN2910''; or
        (4) ``This package conforms to the conditions and limitations 
    specified in 49 CFR 173.428 for radioactive material, excepted package-
    empty packaging, UN2910.''
        (b) An excepted package of Class 7 (radioactive) material that is 
    classed as Class 7 and is prepared for shipment under the provisions of 
    Sec. 173.421, Sec. 173.423, Sec. 173.424, Sec. 173.426, or Sec. 173.428 
    is not subject to the requirements of this subchapter, except for--
        (1) Sections 171.15, 171.16, 174.750, 176.710, and 177.861 of this 
    subchapter, pertaining to the reporting of incidents and 
    decontamination, when transported by a mode other than air; and
        (2) Sections 171.15, 171.16, 175.45, and 175.700(b) of this 
    subchapter pertaining to the reporting of incidents and decontamination 
    when transported by aircraft.
    
    
    Sec. 173.423  Requirements for multiple hazard limited quantity Class 7 
    (radioactive) materials.
    
        (a) Except as provided in Sec. 173.4, when a limited quantity 
    radioactive material meets the definition of another hazard class or 
    division, it must be--
        (1) Classed for the additional hazard;
        (2) Packaged to conform with the requirements specified in 
    Sec. 173.421(a)(1) through (a)(5) or Sec. 173.424(a) through (g), as 
    appropriate; and
        (3) Offered for transportation in accordance with the requirements 
    applicable to the hazard for which it is classed.
        (b) A limited quantity Class 7 (radioactive) material which is 
    classed other than Class 7 in accordance with this subchapter is 
    excepted from the requirements of Secs. 173.422(a), 172.203(d), and 
    172.204(c)(4) of this subchapter if the entry ``Limited quantity 
    radioactive material'' appears on the shipping paper in association 
    with the basic description.
    
    
    Sec. 173.424  Excepted packages for radioactive instruments and 
    articles.
    
        A radioactive instrument or article and its packaging is excepted 
    from the specification packaging, shipping paper and certification, 
    marking and labeling requirements of this subchapter and requirements 
    of this subpart, if:
        (a) Each package meets the general design requirements of 
    Sec. 173.410;
        (b) The activity of the instrument or article does not exceed the 
    relevant limit listed in Table 7 in Sec. 173.425;
        (c) The total activity per package does not exceed the relevant 
    limit listed in Table 7 in Sec. 173.425;
        (d) The radiation level at 10 cm (4 in) from any point on the 
    external surface of any unpackaged instrument or article does not 
    exceed 0.1 mSv/hour (10 mrem/hour);
        (e) The radiation level at any point on the external surface of a 
    package bearing the article or instrument does not exceed 0.005 mSv/
    hour (0.5 mrem/hour), or, for exclusive use domestic shipments, 0.02 
    mSv (2 mrem/hour);
        (f) The nonfixed (removable) radioactive surface contamination on 
    the external surface of the package does not exceed the limits 
    specified in Sec. 173.443(a);
        (g) Except as provided in Sec. 173.426, the package does not 
    contain more than 15 grams of uranium-235; and
        (h) The package is otherwise prepared for shipment as specified in 
    Sec. 173.422.
    
    
    Sec. 173.425  Table of activity limits--excepted quantities and 
    articles.
    
        The limits applicable to instruments, articles, and limited 
    quantities subject to exceptions under Secs. 173.421 and 173.424 are 
    set forth in Table 7 as follows:
    
                                                                            
    
    [[Page 50317]]
                       Table 7.--Activity Limits for Limited Quantities, Instruments, and Articles                  
    ----------------------------------------------------------------------------------------------------------------
                                                             Instruments and articles                               
                                                         --------------------------------                           
                                                            Limits for                                              
                     Nature of contents                        each       Package limits  Materials package limits 1
                                                           instrument or         1                                  
                                                             article 1                                              
    ----------------------------------------------------------------------------------------------------------------
    Solids:                                                                                                         
        Special form....................................  10-2A1........  A1............  10-3A14                   
        Other 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........  10A1A2........  10-4A2                    
    Gases:                                                                                                          
        Tritium.........................................  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                    
    ----------------------------------------------------------------------------------------------------------------
    1 For mixtures of radionuclides see Sec.  173.433(b).                                                           
    
    
    
    
    Sec. 173.426  Excepted packages for articles containing natural uranium 
    or thorium.
    
        A manufactured article in which the sole Class 7 (radioactive) 
    material content is natural or unirradiated depleted uranium or natural 
    thorium and its packaging is excepted from the specification packaging, 
    shipping paper and certification, marking, and labeling requirements of 
    this subchapter and requirements of this subpart if:
        (a) Each package meets the general design requirements of 
    Sec. 173.410;
        (b) The outer surface of the uranium or thorium is enclosed in an 
    inactive sheath made of metal or other durable protective material;
        (c) The conditions specified in Sec. 173.421 (b), (c), and (d) are 
    met; and
        (d) The article is otherwise prepared for shipment as specified in 
    Sec. 173.422.
    
    
    Sec. 173.427  Transport requirements for low specific activity (LSA) 
    Class 7 (radioactive) materials and surface contaminated objects (SCO).
    
        (a) In addition to other applicable requirements specified in this 
    subchapter, low specific activity (LSA) materials and surface 
    contaminated objects (SCO), unless excepted by paragraph (d) of this 
    section, must be packaged in accordance with paragraph (b) or (c) of 
    this section and must be transported in accordance with the following 
    conditions:
        (1) The external dose rate must not exceed an external radiation 
    level of 10 mSv/h (1 rem/h) at 3 meters from the unshielded material;
        (2) The quantity of LSA and SCO material in any single conveyance 
    must not exceed the limits specified in Table 9;
        (3) LSA material and SCO that are or contain fissile material must 
    meet the applicable requirements of Sec. 173.451;
        (4) Packages must meet the contamination control limits specified 
    in Sec. 173.443;
        (5) External radiation levels must comply with Sec. 173.441; and
        (6) For LSA material and SCO required by this section to be 
    consigned as exclusive use:
        (i) Shipments must be loaded by the consignor and unloaded by the 
    consignee from the conveyance or freight container in which originally 
    loaded;
        (ii) There must be no loose Class 7 (radioactive) material in the 
    conveyance, however, when the conveyance is the packaging there must be 
    no leakage of Class 7 (radioactive) material from the conveyance;
        (iii) Packages must be braced so as to prevent shifting of lading 
    under conditions normally incident to transportation;
        (iv) Specific instructions for maintenance of exclusive use 
    shipment controls must be provided by the offeror to the carrier. Such 
    instructions must be included with the shipping paper information;
        (v) Except for shipments of unconcentrated uranium or thorium ores, 
    the transport vehicle must be placarded in accordance with subpart F of 
    Part 172 of this subchapter;
        (vi) For domestic transportation only, packages are excepted from 
    the marking and labeling requirements of this subchapter. However, the 
    exterior of each nonbulk package must be stenciled or otherwise marked 
    ``Radioactive--LSA'' or ``Radioactive--SCO'', as appropriate, and 
    nonbulk packages that contain a hazardous substance must also be 
    stenciled or otherwise marked with the letters ``RQ'' in association 
    with the above description; and
        (vii) Except when transported in an industrial package in 
    accordance with Table 8, transportation by aircraft is prohibited.
        (b) Except as provided in paragraph (c) of this section, LSA 
    material and SCO must be packaged as follows:
        (1) In an industrial package (IP-1, IP-2 or IP-3; Sec. 173.411), 
    subject to the limitations of Table 8;
        (2) For domestic transportation only, in a DOT Specification 7A 
    (Sec. 178.350 of this subchapter) Type A package. The requirements of 
    Sec. 173.412 (a), (b), (c) and (k) do not apply; or
        (3) For domestic transportation only, in a strong, tight package 
    that prevents leakage of the radioactive content under normal 
    conditions of transport. In addition to the requirements of paragraph 
    (a) of this section, the following requirements must be met:
        (i) The shipment must be exclusive use;
        (ii) The quantity of Class 7 (radioactive) material in each 
    packaging may not exceed an A2 quantity.
        (c) LSA-I and SCO-I (see Sec. 173.403), unless packaged in 
    accordance with paragraph (b) of this section, must be packaged in bulk 
    packagings in accordance with this paragraph. The shipment must be, in 
    addition to complying with the applicable requirements of paragraph (a) 
    of this section, exclusive use:
        (1) Solids. Packages must be strong tight packagings, meeting the 
    requirements of subpart B of this Part, transported in a closed 
    transport vehicle. The requirements of Sec. 173.410 do not apply.
        (2) Liquids. Liquids must be transported in the following 
    packagings:
        (i) Specification 103CW, 111A60W7 (Secs. 179.200, 179.201, 179.202 
    of this 
    
    [[Page 50318]]
    subchapter) tank cars. Bottom openings in tanks are prohibited; or
        (ii) Specification MC 310, MC 311, MC 312, MC 331 or DOT 412 
    (Sec. 178.348 or Sec. 178.337 of this subchapter) cargo tank motor 
    vehicles. Bottom outlets are not authorized. Trailer-on-flat-car 
    service is not authorized.
        (d) Except for transportation by aircraft, LSA material and SCO 
    that conform to the provisions specified in 10 CFR 20.2005 are excepted 
    from all requirements of this subchapter pertaining to Class 7 
    (radioactive) materials when offered for transportation for disposal or 
    recovery. A material which meets the definition of another hazard class 
    is subject to the provisions of this subchapter relating to that hazard 
    class.
        (e) LSA and SCO that exceed the packaging limits in this section 
    must be packaged in accordance with 10 CFR part 71.
        (f) Tables 8 and 9 are as follows:
    
    Table 8.--Industrial Package Integrity Requirements for LSA Material and
                                       SCO                                  
    ------------------------------------------------------------------------
                                                       Industrial packaging 
                                                               type         
                                                    ------------------------
                        Contents                     Exclusive              
                                                        use     Nonexclusive
                                                      shipment  use shipment
    ------------------------------------------------------------------------
    LSA-I:                                                                  
        Solid......................................  IP-1       IP-1        
        Liquid.....................................  IP-1       IP-2        
    LSA-II:                                                                 
        Solid......................................  IP-2       IP-2        
        Liquid and gas.............................  IP-2       IP-3        
    LSA-IIII.......................................  IP-2       IP-3        
    SCO-I..........................................  IP-1       IP-1        
    SCO-II.........................................  IP-2       IP-2        
    ------------------------------------------------------------------------
    
    
          TABLE 9--Conveyance Activity Limits for LSA Material and SCO      
    ------------------------------------------------------------------------
                                                         Activity limit for 
                    Nature of material                       conveyances    
    ------------------------------------------------------------------------
    LSA-I.............................................  No limit.           
    LSA-II and LSA-III; noncombustible solids.........  No limit.           
    LSA-II and LSA-III; Combustible solids and all      100 A2              
     liquids and gases.                                                     
    SCO...............................................  100 A2              
    ------------------------------------------------------------------------
    
    Sec. 173.428  Empty Class 7 (radioactive) materials packaging.
    
        A packaging which previously contained Class 7 (radioactive) 
    materials and has been emptied of contents as far as practical, is 
    expected from the shipping paper and certification, marking and 
    labeling requirements of this subchapter, and from requirements of this 
    chapter, provided that--
        (a) The packaging meets the requirements of Sec. 173.421(b), (c), 
    and (e) of this subpart;
        (b) The packaging is in unimpaired condition and is securely closed 
    so that there will be no leakage of Class 7 (radioactive) material 
    under conditions normally incident to transportation;
        (c) Internal contamination does not exceed 100 times the limits in 
    Sec. 173.443(a);
        (d) Any labels previously applied in conformance with Subpart E of 
    Part 172 of this subchapter are removed, obliterated, or covered and 
    the ``Empty'' label prescribed in Sec. 172.450 of this subchapter is 
    affixed to the packaging; and
        (e) The packaging is prepared for shipment as specified in 
    Sec. 173.422.
    
    
    Sec. 173.431  Activity limits for Type A and Type B packages.
    
        (a) Except for LSA material and SCO, a Type A package may not 
    contain a quantity of Class 7 (radioactive) materials greater than 
    A1 for special form Class 7 (radioactive) material or A2 for 
    normal form Class 7 (radioactive) material as listed in Sec. 173.435, 
    or, for Class 7 (radioactive) materials not listed in Sec. 173.435, as 
    determined in accordance with Sec. 173.433.
        (b) The limits on activity contained in a Type B, Type B(U), or 
    Type B(M) package are those prescribed in Secs. 173.416 and 173.417, or 
    in the applicable approval certificate under Secs. 173.471, 173.472 or 
    173.473.
    
    
    Sec. 173.433  Requirements for determining A1 and A2 values 
    for radionuclides and for the listing of radionuclides on shipping 
    papers and labels.
    
        (a) Values of A1 and A2 for individual radionuclides that 
    are the basis for many activity limits elsewhere in this subchapter are 
    given in the table in Sec. 173.435.
        (b) For individual radionuclides whose identities are known, but 
    which are not listed in the table in Sec. 173.435, the determination of 
    the values of A1 and A2 requires approval from the Associate 
    Administrator for Hazardous Materials Safety except that the values of 
    A1 and A2 in Table 10 may be used without obtaining approval 
    from Associate Administrator for Hazardous Materials Safety.
        (c) In calculating A1 and A2 values for a radionuclide 
    not listed in the table in Sec. 173.435, a single radioactive decay 
    chain in which the radionuclides are present in their naturally-
    occurring proportions, and in which no daughter nuclide has a half life 
    either longer than 10 days or longer than that of the parent nuclide, 
    will be considered as a single radionuclide, and the activity to be 
    taken into account and the A1 or A2 value to be applied will 
    be those corresponding to the parent nuclide of that chain. Otherwise, 
    the parent and daughter nuclides will be considered as a mixture of 
    different nuclides.
        (d) Mixtures of radionuclides whose identities and respective 
    activities are known, must conform to the following conditions:
        (1) For special form Class 7 (radioactive) material:
        [GRAPHIC][TIFF OMITTED]TR28SE95.006
        
    Where B(i) is the activity of radionuclide i and A1 (i) is the 
    A1 value for radionuclide i; or
        (2) For other forms of Class 7 (radioactive) material, either--
        [GRAPHIC][TIFF OMITTED]TR28SE95.007
        
          
    Where B(i) is the activity of radionuclide i and A2 (i) is the 
    A2 value for radionuclide i; or
    [GRAPHIC][TIFF OMITTED]TR28SE95.008
    
          
    where f(i) is the fraction of activity of nuclide i in the mixture and 
    A2 (i) is the appropriate A2 value for nuclide i.
        (e) When the identity of each nuclide is known but the individual 
    activities of some of the radionuclides are not known, the 
    radionuclides may be grouped and the lowest A1 or A2 value, 
    as appropriate, for the radionuclides in each group may be used in 
    applying the formulas in paragraph (d) of this section. Groups may be 
    based on the total alpha activity and the total beta/gamma activity 
    when these are known, using the lowest A1 or A2 values for 
    the alpha emitters or beta/gamma emitters, respectively.
        (f) Shipping papers and labeling. (1) For mixtures of 
    radionuclides, the radionuclides (n) that must be shown on shipping 
    papers and labels in accordance with Secs. 172.203 and 172.403 of this 
    subchapter, respectively, must be determined on the basis of the 
    following formula:
    [GRAPHIC][TIFF OMITTED]TR28SE95.009
    
    
    [[Page 50319]]
    
    Where n + m represents all the radionuclides in the mixture, m are the 
    radionuclides that do not need to be considered, ai is the 
    activity of radionuclide i in the mixture, and Ai is the A1 
    or A2 value, as appropriate for radionuclide i.
        (g) Table 10 is as follows:
    
                     Table 10.--General Values for A1 and A2                
    ------------------------------------------------------------------------
                                 A1                         A2              
         Contents      -----------------------------------------------------
                          (TBq)       (Ci)         (TBq)           (Ci)     
    ------------------------------------------------------------------------
    Only beta or gamma                                                      
     emitting nuclides                                                      
     are known to be                                                        
     present..........        0.2          5            0.02             0.5
    Alpha emitting                                                          
     nuclides are                                                           
     known to be                                                            
     present or                                                             
     relevant data are                                                      
     available........       0.10       2.70        2 x 10-5     5.41 x 10-4
    ------------------------------------------------------------------------
    
    Sec. 173.434  Activity-mass relationships for uranium and natural 
    thorium.
    
        The table of activity-mass relationships for uranium and natural 
    thorium are as follows:
    
    ------------------------------------------------------------------------
     Thorium and uranium                   Specific activity                
    enrichment1(Wt% 235U ---------------------------------------------------
          present)          TBq/gram    Grams/Tbq     Ci/gram      Grams/Ci 
    ------------------------------------------------------------------------
    0.45 (depleted).....   1.9 x 10-8    5.4 x 107   5.0 x 10-7    2.0 x 106
    0.72 (natural)......   2.6 x 10-8    3.8 x 107   7.1 x 10-7    1.4 x 106
    1.0.................   2.8 x 10-8    3.6 x 107   7.6 x 10-7    1.3 x 106
    1.5.................   3.7 x 10-8    2.7 x 107   1.0 x 10-6    1.0 x 106
    5.0.................   1.0 x 10-7    1.0 x 107   2.7 x 10-6    3.7 x 105
    10.0................   1.8 x 10-7    5.6 x 106   4.8 x 10-6    2.1 x 105
    20.0................   3.7 x 10-7    2.7 x 106   1.0 x 10-5    1.0 x 105
    35.0................   7.4 x 10-7    1.4 x 106   2.0 x 10-5    5.0 x 104
    50.0................   9.3 x 10-7    1.1 x 106   2.5 x 10-5    4.0 x 104
    90.0................   2.1 x 10-6    4.7 x 105   5.8 x 10-5    1.7 x 104
    93.0................   2.6 x 10-6    3.9 x 105   7.0 x 10-5    1.4 x 104
    95.0................   3.4 x 10-6    3.0 x 105   9.1 x 10-5    1.1 x 104
    Natural thorium.....   8.1 x 10-9    1.2 x 108   2.2 x 10-7   4.6 x 106 
    ------------------------------------------------------------------------
    \1\ The figures for uranium include representative values for the       
      activity of uranium-234 which is concentrated during the enrichment   
      process. The activity for thorium includes the equilibrium            
      concentration of thorium-228.                                         
    
    Sec. 173.435  Table of A1 and A2 values for radionuclides.
    
        The table of A1 and A2 values for radionuclides is as 
    follows:
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Specific activity             
        Symbol of         Element and        A1 (TBq)           A1 (Ci)          A2 (TBq)           A2 (Ci)     --------------------------------------------
       radionuclide      atomic number                                                                                    (TBq/g)                (Ci/g)     
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Ac-225...........  Actinium(89)....  0.6               16.2              1 x 10-2          0.270             2.1 x 103                  5.8 x 104       
    Ac-227...........                    40                1080              2 x 10-5          5.41 x 10-4       2.7                        7.2 x 101       
    Ac-228...........                    0.6               16.2              0.4               10.8              8.4 x 104                  2.2 x 106       
    Ag-105...........  Silver(47)......  2                 54.1              2                 54.1              1.1 x 103                  3.0 x 104       
    Ag-108m..........                    0.6               16.2              0.6               16.2              9.7 x 10-1                 2.6 x 101       
    Ag-110m..........                    0.4               10.8              0.4               10.8              1.8 x 103                  4.7 x 103       
    Ag-111...........                    0.6               16.2              0.5               13.5              5.8 x 103                  1.6 x 105       
    Al-26............  Aluminum(13)....  0.4               10.8              0.4               10.8              7.0 x 10-4                 1.9 x 10-2      
    Am-241...........  Americium(95)...  2                 54.1              2 x 10-4          5.41 x 10-3       1.3 x 101                  3.4             
    Am-242m..........                    2                 54.1              2 x 10-4          5.41 x 10-3       3.6 x 10-1                 9.7 x 105       
    Am-243...........                    2                 54.1              2 x 10-4          5.41 x 10-3       7.4 x 10-3                 2.0 x 10-1      
    Ar-37............  Argon(18).......  40                1080              40                1080              3.7 x 103                  9.9 x 104       
    Ar-39............                    20                541               20                541               1.3 x 103                  3.4 x 101       
    Ar-41............                    0.6               16.2              0.6               16.2              1.5 x 106                  4.2 x 107       
    Ar-42............                    0.2               5.41              0.2               5.41              9.6                        2.6 x 102       
    As-72............  Arsenic(33).....  0.2               5.41              0.2               5.41              6.2 x 104                  1.7 x 106       
    As-73............                    40                1080              40                1080              8.2 x 102                  2.2 x 104       
    As-74............                    1                 27.0              0.5               13.5              3.7 x 103                  9.9 x 104       
    As-76............                    0.2               5.41              0.2               5.41              5.8 x 104                  1.6 x 106       
    As-77............                    20                541               0.5               13.5              3.9 x 104                  1.0 x 106       
    At-211...........  Astatine(85)....  30                811               2                 54.1              7.6 x 104                  2.1 x 106       
    Au-193...........  Gold(79)........  6                 162               6                 162               3.4 x 104                  9.2 x 105       
    Au-194...........                    1                 27.0              1                 27.0              1.5 x 104                  4.1 x 105       
    Au-195...........                    10                270               10                270               1.4 x 102                  3.7 x 103       
    Au-196...........                    2                 54.1              2                 54.1              4.0 x 103                  1.1 x 105       
    Au-198...........                    3                 81.1              0.5               13.5              9.0 x 103                  2.4 x 105       
    Au-199...........                    10                270               0.9               24.3              7.7 x 103                  2.1 x 105       
    Ba-131...........  Barium(56)......  2                 54.1              2                 54.1              3.1 x 103                  8.4 x 104       
    Ba-133m..........                    10                270               0.9               24.3              2.2 x 104                  6.1 x 105       
    Ba-133...........                    3                 81.1              3                 81.1              9.4                        2.6 x 102       
    Ba-140...........                    0.4               10.8              0.4               10.8              2.7 x 103                  7.3 x 104       
    Be-7.............  Beryllium(4)....  20                541               20                541               1.3 x 104                  3.5 x 105       
    
    [[Page 50320]]
                                                                                                                                                            
    Be-10............                    20                541               0.5               13.5              8.3 x 10-4                 2.2 x 10-2      
    Bi-205...........  Bismuth(83).....  0.6               16.2              0.6               16.2              1.5 x 103                  4.2 x 104       
    Bi-206...........                    0.3               8.11              0.3               8.11              3.8 x 103                  1.0 x 105       
    Bi-207...........                    0.7               18.9              0.7               18.9              1.9                        5.2 x 101       
    Bi-210m..........                    0.3               8.11              3 x 10-2          0.811             2.1 x 10-5                 5.7 x 10-4      
    Bi-210...........                    0.6               16.2              0.5               13.5              4.6 x 103                  1.2 x 105       
    Bi-212...........                    0.3               8.11              0.3               8.11              5.4 x 105                  1.5 x 107       
    Bk-247...........  Berkelium(97)...  2                 54.1              2 x 10-4          5.41 x 10-3       3.8 x 10-2                 1.0             
    Bk-249...........                    40                1080              8 x 10-2          2.16              6.1 x 101                  1.6 x 103       
    Br-76............  Bromine(35).....  0.3               8.11              0.3               8.11              9.4 x 104                  2.5 x 106       
    Br-77............                    3                 81.1              3                 81.1              2.6 x 104                  7.1 x 105       
    Br-82............                    0.4               108               0.4               10.8              4.0 x 104                  1.1 x 106       
    C-11.............  Carbon(6).......  1                 270               0.5               13.5              3.1 x 107                  8.4 x 108       
    C-14.............                    40                1080              2                 54.1              1.6 x 10-1                 4.5             
    Ca-41............  Calcium(20).....  40                1080              40                1080              3.1 x 10-3                 8.5 x 10-2      
    Ca-45............                    40                1080              0.9               24.3              6.6 x 102                  1.8 x 104       
    Ca-47............                    0.9               24.3              0.5               13.5              2.3 x 104                  6.1 x 105       
    Cd-109...........  Cadmium(48).....  40                1080              1                 27.0              9.6 x 101                  2.6 x 103       
    Cd-113m..........                    20                541               9 x 10-2          2.43              8.3 x 104                  2.2 x 102       
    Cd-115m..........                    0.3               8.11              0.3               8.11              9.4 x 102                  2.5 x 104       
    Cd-115...........                    4                 108               0.5               13.5              1.9 x 104                  5.1 x 105       
    Ce-139...........  Cerium(58)......  6                 162               6                 162               2.5 x 1026                 .8 x 103        
    Ce-141...........                    10                270               0.5               13.5              1.1 x 103                  2.8 x 104       
    Ce-143...........                    0.6               16.2              0.5               13.5              2.5 x 104                  6.6 x 105       
    Ce-144...........                    0.2               5.41              0.2               5.41              1.2 x 102                  3.2 x 103       
    Cf-248...........  Californium (98)  30                811               3 x 10-3          8.11 x 10-2       5.8 x 101                  1.6 x 103       
    Cf-249...........                    2                 54.1              2 x 10-4          5.41 x 10-3       1.5 x 10-1                 4.1             
    Cf-250...........                    5                 135               5 x 10-4          1.35 x 10-2       4.0                        1.1 x 102       
    Cf-251...........                    2                 54.1              2 x 10-4          5.41 x 10-3       5.9 x 10-2                 1.6             
    Cf-252...........                    0.1               2.70              1 x 10-3          2.70 x 10-2       2.0 x 101                  5.4 x 102       
    Cf-253...........                    40                1080              6 x 10-2          1.62              1.1 x 103                  2.9 x 104       
    Cf-254...........                    3 x 10-3          8.11 x 10-2       6 x 10-4          1.62 x 10-2       3.1 x 102                  8.5 x 103       
    Cl-36............  Chlorine (17)...  20                541               0.5               13.5              1.2 x 10-3                 3.3 x 10-2      
    Cl-38............                    0.2               5.41              0.2               5.41              4.9 x 106                  1.3 x 108       
    Cm-240...........  Curium(96)......  40                1080              2 x 10-2          0.541             7.5 x 102                  2.0 x 104       
    Cm-241...........                    2                 54.1              0.9               24.3              6.1 x 102                  1.7 x 104       
    Cm-242...........                    40                1080              1 x 10-2          0.270             1.2 x 102                  3.3 x 103       
    Cm-243...........                    3                 81.1              3 x 10-4          8.11 x 10-3       1.9                        5.2 x 101       
    Cm-244...........                    4                 1080              4 x 10-4          1.08 x 10-2       3.0                        8.1 x 105       
    Cm-245...........                    2                 54.1              2 x 10-4          5.41 x 10-3       6.4 x 10-3                 1.7 x 10-1      
    Cm-246...........                    2                 54.1              2 x 10-4          5.41 x 10-3       1.1 x 10-2                 3.1 x 10-1      
    Cm-247...........                    2                 54.1              2 x 10-4          5.41 x 10-3       3.4 x 10-6                 9.3 x 10-5      
    Cm-248...........                    4 x 10-2          1.08              5 x 10-5          1.35 x 10-3       1.6 x 10-4                 4.2 x 10-3      
    Co-55............  Cobalt(27)......  0.5               13.5              0.5               13.5              1.1 x 105                  3.1 x 106       
    Co-56............                    0.3               8.11              0.3               8.11              1.1 x 103                  3.0 x 104       
    Co-57............                    8                 216               8                 216               3.1 x 102                  8.4 x 103       
    Co-58m...........                    40                1080              40                1080              2.2 x 105                  5.9 x 106       
    Co-58............                    1                 27.0              1                 27.0              1.2 x 103                  3.2 x 104       
    Co-60............                    0.4               10.8              0.4               10.8              4.2 x 101                  1.1 x 103       
    Cr-51............  Chromium(24)....  30                811               30                811               3.4 x 103                  9.2 x 104       
    Cs-129...........  Cesium(55)......  4                 108               4                 108               2.8 x 104                  7.6 x 105       
    Cs-131...........                    40                1080              40                1080              3.8 x 103                  1.0 x 105       
    Cs-132...........                    1                 27.0              1                 27.0              5.7 x 103                  1.5 x 105       
    Cs-134m..........                    40                1080              9                 243               3.0 x 105                  8.0 x 106       
    Cs-134...........                    0.6               16.2              0.5               13.5              4.8 x 101                  1.3 x 103       
    Cs-135...........                    40                1080              0.9               24.3              4.3 x 10-5                 1.2 x 10-3      
    Cs-136...........                    0.5               13.5              0.5               13.5              2.7 x 103                  7.3 x 104       
    Cs-137...........                    2                 54.1              0.5               13.5              3.2                        8.7 x 101       
    Cu-64............  Copper(29)......  5                 135               0.9               24.3              1.4 x 105                  3.9 x 106       
    Cu-67............                    9                 243               0.9               24.3              2.8 x 104                  7.6 x 105       
    Dy-159...........  Dysprosium(66)..  20                541               20                541               2.1 x 102                  5.7 x 103       
    Dy-165...........                    0.6               16.2              0.5               13.5              3.0 x 105                  8.2 x 106       
    Dy-166...........                    0.3               8.11              0.3               8.11              8.6 x 103                  2.3 x 105       
    Er-169...........  Erbium(68)......  40                1080              0.9               24.3              3.1 x 103                  8.3 x 104       
    Er-171...........                    0.6               16.2              0.5               13.5              9.0 x 104                  2.4 x 106       
    Es-253...........  Einsteinium(99)a  40                1080              5 x 10-1          1.35                                         ................
    Es-254...........                    30                811               3 x 10-3          8.11 x 10-2                                  ................
    Es-254m..........                    0.6               16.2              0.4               10.8                                         ................
    Es-255...........                    ................                    ................                    .........................  ................
    Eu-147...........  Europium(63)....  2                 54.1              2                 54.1              1.4 x 103                  3.7 x 104       
    Eu-148...........                    0.5               13.5              0.5               13.5              6.0 x 102                  1.6 x 104       
    Eu-149...........                    20                541               20                541               3.5 x 102                  9.4 x 103       
    
    [[Page 50321]]
                                                                                                                                                            
    Eu-150...........                    0.7               18.9              0.7               18.9              6.1 x 104                  6.7 x 106       
    Eu-152m..........                    0.6               16.2              0.5               13.5              8.2 x 104                  2.2 x 106       
    Eu-152...........                    0.9               24.3              0.9               24.3              6.5                        1.8 x 102       
    Eu-154...........                    0.8               21.6              0.5               13.5              9.8                        2.6 x 102       
    Eu-155...........                    20                541               2                 54.1              1.8 x 101                  4.9 x 103       
    Eu-156...........                    0.6               16.2              0.5               13.5              2.0 x 103                  5.5 x 104       
    F-18.............  Fluorine(9).....  1                 27.0              0.5               13.5              3.5 x 105                  9.5 x 107       
    Fe-52............  Iron(26)........  0.2               5.41              0.2               5.41              2.7 x 105                  7.3 x 106       
    Fe-55............                    40                1080              40                1080              8.8 x 101                  2.4 x 103       
    Fe-59............                    0.8               21.6              0.8               21.6              1.8 x 103                  3.0 x 104       
    Fe-60............                    40                1080              0.2               5.41              7.4 x 10-4                 2.0 x 10-2      
    Fm-255...........  Fermium(100)b...  40                1080              0.8               21.6                                         ................
    Fm-257...........                    40                1080              7 x 10-3          1.89 x 10-3                                  ................
    Ga-67............  Gallium(31).....  6                 162               6                 162               2.2 x 104                  6.0 x 105       
    Ga-68............                    0.3               8.11              0.3               8.11              1.5 x 106                  4.1 x 107       
    Ga-72............                    0.4               10.8              0.4               10.8              1.1 x 105                  3.1 x 106       
    Gd-146...........  Gadolinium(64)..  0.4               10.8              0.4               10.8              6.9 x 102                  1.9 x 104       
    Gd-148...........                    3                 81.1              3 x 10-4          8.11 x 10-3       6.7                        2.9 x 101       
    Gd-153...........                    10                270               5                 135               1.3 x 102                  3.5 x 103       
    Gd-159...........                    4                 108               0.5               13.5              3.9 x 104                  1.1 x 106       
    Ge-68............  Germanium(32)...  0.3               8.11              0.3               8.11              2.6 x 102                  7.1 x 103       
    Ge-71............                    40                1080              40                1080              5.8 x 103                  1.6 x 105       
    Ge-77............                    0.3               8.11              0.3               8.11              1.3 x 105                  3.6 x 106       
    H-3..............  Hydrogen(1)SeeT-                    ................                    ................                             ................
                        Tritium.                                                                                                                            
    Hf-172...........  Hafnium(72).....  0.5               13.5              0.3               8.11              4.1 x 101                  1.1 x 103       
    Hf-175...........                    3                 81.1              3                 81.1              3.9 x 102                  1.1 x 104       
    Hf-181...........                    2                 54.1              0.9               24.3              6.3 x 102                  1.7 x 104       
    Hf-182...........                    4                 108               3 x 10-2          0.811             8.1 x 10-6                 2.2 x 10-4      
    Hg-194...........  Mercury(80).....  1                 27.0              1                 27.0              1.3 x 10-1                 3.5             
    Hg-195m..........                    5                 135               5                 135               1.5 x 104                  4.0 x 105       
    Hg-197m..........                    10                270               0.9               24.3              2.5 x 104                  6.7 x 105       
    Hg-197...........                    10                270               10                270               9.2 x 103                  2.5 x 105       
    Hg-203...........                    4                 108               0.9               24.3              5.1 x 102                  1.4 x 104       
    Ho-163...........  Holmium(67).....  40                1080              40                1080              2.7                        7.6 x 101       
    Ho-166m..........                    0.6               16.2              0.3               8.11              6.6 x 10-2                 1.8             
    Ho-166...........                    0.3               8.11              0.3               8.11              2.6 x 104                  7.0 x 105       
    I-123............  Iodine(53)......  6                 162               6                 162               7.1 x 104                  1.9 x 106       
    I-124............                    0.9               24.3              0.9               24.3              9.3 x 103                  2.5 x 105       
    I-125............                    20                541               2                 54.1              6.4 x 102                  1.7 x 104       
    I-126............                    2                 54.1              0.9               24.3              2.9 x 103                  8.0 x 104       
    I-129............                    Unlimited         Unlimited         Unlimited         Unlimited         6.5 x 10-6                 1.8 x 10-4      
    I-131............                    3                 81.1              0.5               13.5              4.6 x 103                  1.2 x 105       
    I-132............                    0.4               10.8              0.4               10.8              3.8 x 105                  1.0 x 107       
    I-133............                    0.6               16.2              0.5               13.5              4.2 x 104                  1.1 x 106       
    I-134............                    0.3               8.11              0.3               8.11              9.9 x 105                  2.7 x 107       
    I-135............                    0.6               16.2              0.5               13.5              1.3 x 105                  3.5 x 106       
    In-111...........  Indium(49)......  2                 54.1              2                 54.1              1.5 x 104                  4.2 x 105       
    In-113m..........                    4                 108               4                 108               6.2 x 105                  1.7 x 107       
    In-114m..........                    0.3               8.11              0.3               8.11              8.6 x 102                  2.3 x 104       
    In-115m..........                    6                 162               0.9               24.3              2.2 x 105                  6.1 x 106       
    Ir-189...........  Iridium(77).....  10                270               10                270               1.9 x 103                  5.2 x 104       
    Ir-190...........                    0.7               18.9              0.7               18.9              2.3 x 103                  6.2 x 104       
    Ir-192...........                    1                 27.0              0.5               13.5              3.4 x 102                  9.2 x 103       
    Ir-193m..........                    10                270               10                270               2.4 x 103                  6.4 x 104       
    Ir-194...........                    0.2               5.41              0.2               5.41              3.1 x 104                  8.4 x 105       
    K-40.............  Potassium(19)...  0.6               16.2              0.6               16.2              2.4 x 10-7                 6.4 x 10-6      
    K-42.............                    0.2               5.41              0.2               5.41              2.2 x 105                  6.0 x 106       
    K-43.............                    1.0               27.0              0.5               13.5              1.2 x 105                  3.3 x 106       
    Kr-81............  Krypton(36).....  40                1080              40                1080              7.8 x 10-4                 2.1 x 10-2      
    Kr-85m...........                    6                 162               6                 162               3.0 x 105                  8.2 x 106       
    Kr-85............                    20                541               10                270               1.5 x 101                  3.9 x 102       
    Kr-87............                    0.2               5.41              0.2               5.41              1.0 x 106                  2.8 x 107       
    La-137...........  Lanthanum(57)...  40                1080              2                 54.1              1.6 x 10-3                 4.4 x 10-2      
    La-140...........                    0.4               10.8              0.4               10.8              2.1 x 104                  5.6 x 105       
    Lu-172...........  Lutetium(71)....  0.5               13.5              0.5               13.5              4.2 x 103                  1.1 x 105       
    Lu-173...........                    8                 216               8                 216               5.6 x 101                  1.5 x 103       
    Lu-174m..........                    20                541               8                 216               2.0 x 102                  5.3 x 103       
    Lu-74............                    8                 216               4                 108               2.3 x 101                  6.2 x 102       
    Lu-177...........                     30               811               0.9               24.3              4.1 x 103                  1.1 x 105       
    Mg-28............  Magnesium(12)...  0.2               5.41              0.2               5.41              2.0 x 105                  5.4 x 106       
    Mn-52............  Manganese(25)...  0.3               8.11              0.3               8.11              1.6 x 104                  4.4 x 105       
    
    [[Page 50322]]
                                                                                                                                                            
    Mn-53............                    Unlimited         Unlimited         Unlimited         Unlimited         6.8 x 10-5                 1.8 x 10-3      
    Mn-54............                    1                 27.0              1                 27.0              2.9 x 102                  7.7 x 103       
    Mn-56............                    0.2               5.41              0.2               5.41              8.0 x 105                  2.2 x 107       
    Mo-93............  Molybdenum(42)..  40                1080              7                 189               4.1 x 10-2                 1.1             
    Mo-99............                    0.6               16.2              0.5               13.5c             1.8 x 104                  4.8 x 105       
    N-13.............  Nitrogen(7).....  0.6               16.2              0.5               13.5              5.4 x 107                  1.5 x 109       
    Na-22............  Sodium(11)......  0.5               13.5              0.5               13.5              2.3 x 102                  6.3 x 103       
    Na-24............                    0.2               5.41              0.2               5.41              3.2 x 105                  8.7 x 106       
    Nb-92m...........  Niobium(41).....  0.7               18.9              0.7               18.9              5.2 x 103                  1.4 x 105       
    Nb-93m...........                    40                1080              6                 162               8.8                        2.4 x 102       
    Nb-94............                    0.6               16.2              0.6               16.2              6.9 x 10-3                 1.9 x 10-1      
    Nb-95............                    1                 27.0              1                 27.0              1.5 x 103                  3.9 x 104       
    Nb-97............                    0.6               16.2              0.5               13.5              9.9 x 105                  2.7 x 107       
    Nd-147...........  Neodymium(60)...  4                 108               0.5               13.5              3.0 x 103                  8.1 x 104       
    Nd-149...........                    0.6               16.2              0.5               13.5              4.5 x 105                  1.2 x 107       
    Ni-59............  Nickel(28)......  40                1080              40                1080              3.0 x 10-3                 8.0 x 10-2      
    Ni-63............                    40                1080              30                811               2.1                        5.7 x 101       
    Ni-65............                    0.3               8.11              0.3               8.11              7.1 x 105                  1.9 x 107       
    Np-235...........  Neptunium(93)...  40                1080              40                1080              5.2 x 101                  1.4 x 103       
    Np-236...........                    7                 189               1 x 10-3          2.70 x 10-2       4.7 x 10-4                 1.3 x 10-2      
    Np-237...........                    2                 54.1              2 x 10-4          5.41 x 10-3       2.6 x 10-5                 7.1 x 10-4      
    Np-239...........                    6                 162               0.5               13.5              8.6 x 103                  2.3 x 105       
    Os-185...........  Osmium(76)......  1                 27.0              1                 27.0              2.8 x 102                  7.5 x 103       
    Os-191m..........                    40                1080              40                1080              4.6 x 104                  1.3 x 106       
    Os-191...........                    10                270               0.9               24.3              1.6 x 103                  4.4 x 104       
    Os-193...........                    0.6               16.2              0.5               13.5              2.0 x 104                  5.3 x 105       
    Os-194...........                    0.2               5.41              0.2               5.41              1.1 x 101                  3.1 x 102       
    P-32.............  Phosphorus(15)..  0.3               8.11              0.3               8.11              1.1 x 104                  2.9 x 105       
    P-33.............                    40                1080              0.9               24.3              5.8 x 103                  1.6 x 105       
    Pa-230...........  Protactinium(91)  2                 54.1              0.1               2.70              1.2 x 103                  3.3 x 104       
    Pa-231...........                    0.6               16.2              6 x 10-5          1.62 x 10-3       1.7 x 10-3                 4.7 x 10-2      
    Pa-233...........                    5                 135               0.9               24.3              7.7 x 102                  2.1 x 104       
    Pb-201...........  Lead(82)........  1                 27.0              1                 27.0              6.2 x 104                  1.7 x 106       
    Pb-202...........                    40                1080              2                 54.1              1.2 x 10-4                 3.4 x 10-3      
    Pb-203...........                    3                 81.1              3                 81.1              1.1 x 104                  3.0 x 105       
    Pb-205...........                    Unlimited         Unlimited         Unlimited         Unlimited         4.5 x 10-6                 1.2 x 10-4      
    Pb-210...........                    0.6               16.2              9 x 10-3          0.243             2.8                        7.6 x 101       
    Pb-212...........                    0.3               8.11              0.3               8.11              5.1 x 104                  1.4 x 106       
    Pd-103...........  Palladium(46)...  40                1080              40                1080              2.8 x 103                  7.5 x 104       
    Pd-107...........  Unlimited.......  Unlimited         Unlimited         Unlimited         1.9 x 10-5        5.1 x 10-4                                 
    Pd-109...........                    0.6               16.2              0.5               13.5              7.9 x 104                  2.1 x 106       
    Pm-143...........  Promethium(61)..  3                 81.1              3                 81.1              1.3 x 102                  3.4 x 103       
    Pm-144...........                    0.6               16.2              0.6               16.2              9.2 x 101                  2.5 x 103       
    Pm-145...........                    30                811               7                 189               5.2                        1.4 x 102       
    Pm-147...........                    40                1080              0.9               24.3              3.4 x 101                  9.3 x 102       
    Pm-148m..........                    0.5               13.5              0.5               13.5              7.9 x 102                  2.1 x 104       
    Pm-149...........                    0.6               16.2              0.5               13.5              1.5 x 104                  4.0 x 105       
    Pm-151...........                    3                 81.1              0.5               13.5              2.7 x 104                  7.3 x 105       
    Po-208...........  Polonium(84)....  40                1080              2 x 10-2          0.541             2.2 x 101                  5.9 x 102       
    Po-209...........                    40                1080              2 x 10-2          0.541             6.2 x 10-1                 1.7 x 101       
    Po-210...........                    40                1080              2 x 10-2          0.541             1.7 x 102                  4.5 x 103       
    Pr-142...........  Praseodymium      0.2               5.41              0.2               5.41              4.3 x 104                  1.2 x 106       
                        (59).                                                                                                                               
    Pr-143...........                    4                 108               0.5               13.5              2.5 x 103                  6.7 x 104       
    Pt-188...........  Platinum(78)....  0.6               16.2              0.6               16.2              2.5 x 103                  6.8 x 104       
    Pt-191...........  ................  3                 81.1              3                 81.1              8.7 x 103                  2.4 x 105       
    Pt-193m..........  ................  40                1080              9                 243               5.8 x 103                  1.6 x 105       
    Pt-193...........  ................  40                1080              40                1080              1.4                        3.7 x 101       
    Pt-195m..........  ................  10                270               2                 54.1              6.2 x 103                  1.7 x 105       
    Pt-197m..........  ................  10                270               0.9               24.3              3.4 x 105                  1.0 x 107       
    Pt-197...........  ................  20                541               0.5               13.5              3.2 x 104                  8.7 x 105       
    Pu-236...........  Plutonium(94)...  7                 189               7 x 10-4          1.89 x 10-2       2.0 x 101                  5.3 x 102       
    Pu-237...........  ................  20                541               20                541               4.5 x 102                  1.2 x 104       
    Pu-238...........  ................  2                 54.1              2 x 10-4          5.41 x 10-3       6.3 x 10-1                 1.7 x 101       
    Pu-239...........  ................  2                 54.1              2 x 10-4          5.41 x 10-3       2.3 x 10-3                 6.2 x 10-2      
    Pu-240...........  ................  2                 54.1              2 x 10-4          5.41 x 10-3       8.4 x 10-3                 2.3 x 10-1      
    Pu-241...........  ................  40                1080              1 x 10-2          0.270             3.8                        1.0 x 102       
    Pu-242...........  ................  2                 54.1              2 x 10-4          5.41 x 10-3       1.5 x 10-4                 3.9 x 10-3      
    Pu-244...........  ................  0.3               8.11              2 x 10-4          5.41 x 10-3       6.7 x 10-7                 1.8 x 10-5      
    Ra-223...........  Radium(88)......  0.6               16.2              3 x 10-2          0.811             1.9 x 103                  5.1 x 104       
    Ra-224...........  ................  0.3               8.11              6 x 10-2          1.62              5.9 x 103                  1.6 x 105       
    Ra-225...........  ................  0.6               16.2              2 x 10-2          0.541             1.5 x 103                  3.9 x 104       
    
    [[Page 50323]]
                                                                                                                                                            
    Ra-226...........  ................  0.3               8.11              2 x 10-2          0.541             3.7 x 10-2                 1.0             
    Ra-228...........  ................  0.6               16.2              4 x 10-2          1.08              1.0 x 101                  2.7 x 102       
    Rb-81............  Rubidium(37)....  2                 54.1              0.9               24.3              3.1 x 105                  8.4 x 106       
    Rb-83............  ................  2                 54.1              2                 54.1              6.8 x 102                  1.8 x 104       
    Rb-84............  ................  1                 27.0              0.9               24.3              1.8 x 103                  4.7 x 104       
    Rb-86............  ................  0.3               8.11              0.3               8.11              3.0 x 103                  8.1 x 104       
    Rb-87............  ................  Unlimited         Unlimited         Unlimited         Unlimited         3.2 x 10-9                 8.6 x 10-8      
    Rb (natural).....  ................  Unlimited         Unlimited         Unlimited         Unlimited         6.7 x 106                  1.8 x 108       
    Re-183...........  Rhenium(75).....  5                 135               5                 135               3.8 x 102                  1.0 x 104       
    Re-184m..........  ................  3                 81.1              3                 81.1              1.6 x 102                  4.3 x 103       
    Re-184...........  ................  1                 27.0              1                 27.0              6.9 x 102                  1.9 x 104       
    Re-186...........  ................  4                 108               0.5               13.5              6.9 x 103                  1.9 x 105       
    Re-187...........  ................  Unlimited         Unlimited         Unlimited         Unlimited         1.4 x 10-9                 3.8 x 10-8      
    Re-188...........  ................  0.2               5.41              0.2               5.41              3.6 x 104                  9.8 x 105       
    Re-189...........  ................  4                 108               0.5               13.5              2.5 x 104                  6.8 x 105       
    Re (natural).....  ................  Unlimited         Unlimited         Unlimited         Unlimited         ------------               2.4 x 108       
    Rh-99............  Rhodium(45).....  2                 54.1              2                 54.1              3.0 x 103                  8.2 x 104       
    Rh-101...........  ................  4                 108               4                 108               4.1 x 101                  1.1 x 103       
    Rh-102m..........  ................  2                 54.1              0.9               24.3              2.3 x 102                  6.2 x 103       
    Rh-102...........  ................  0.5               13.5              0.5               13.5              4.5 x 101                  1.2 x 103       
    Rh-103m..........  ................  40                1080              40                1080              1.2 x 106                  3.3 x 107       
    Rh-105...........  ................  10                270               0.9               24.3              3.1 x 104                  8.4 x 105       
    Rn-222...........  Radon(86).......  0.2               5.41              4 x 103           0.108             5.7 x 103                  1.5 x 105       
    Ru-97............  Ruthenium(44)...  4                 108               4                 108               1.7 x 104                  4.6 x 105       
    Ru-103...........  ................  2                 54.1              0.9               24.3              1.2 x 103                  3.2 x 104       
    Ru-105...........  ................  0.6               16.2              0.5               13.5              2.5 x 105                  6.7 x 106       
    Ru-106...........  ................  0.2               5.41              0.2               5.41              1.2 x 102                  3.3 x 103       
    S-35.............  Sulfur(16)......  40                1080              2                 54.1              1.6 x 103                  4.3 x 104       
    Sb-122...........  Antimony(51)....  0.3               8.11              0.3               8.11              1.5 x 104                  4.0 x 105       
    Sb-124...........  ................  0.6               16.2              0.5               13.5              6.5 x 102                  1.7 x 104       
    Sb-125...........  ................  2                 54.1              0.9               24.3              3.9 x 101                  1.0 x 103       
    Sb-126...........  ................  0.4               10.8              0.4               10.8              3.1 x 103                  8.4 x 104       
    Sc-44............  Scandium(21)....  0.5               13.5              0.5               13.5              6.7 x 105                  1.8 x 107       
    Sc-46............  ................  0.5               13.5              0.5               13.5              1.3 x 103                  3.4 x 104       
    Sc-47............  ................  9                 243               0.9               24.3              3.1 x 104                  8.3 x 105       
    Sc-48............  ................  0.3               8.11              0.3               8.11              5.5 x 104                  1.5 x 106       
    Se-75............  Selenium(34)....  3                 81.1              3                 81.1              5.4 x 102                  1.5 x 104       
    Se-79............  ................  40                1080              2                 54.1              2.6 x 10-3                 7.0 x 10-2      
    Si-31............  Silicon(14).....  0.6               16.2              0.5               13.5              1.4 x 106                  3.9 x 107       
    Si-32............  ................  40                10800             0.2               5.41              3.9                        1.1 x 102       
    Sm-145...........  Samarium(62)....  20                541               20                541               9.8 x 101                  2.610 3         
    Sm-147...........  ................  Unlimited         Unlimited         Unlimited         Unlimited         8.510-10                   2.310-8         
    Sm-151...........  ................  40                1080              4                 108               9.710-1                    2.6 x 101       
    Sm-153...........  ................  4                 108               0.5               13.5              1.6 x 104                  4.4 x 105       
    Sn-113...........  Tin(50).........  4                 108               4                 108               3.7 x 102                  1.0 x 104       
    Sn-117m..........  ................  6                 162               2                 54.1              3.0 x 103                  8.2 x 104       
    Sn-119m..........  ................  40                1080              40                1080              1.4 x 102                  3.7 x 103       
    Sn-121m..........  ................  40                1080              0.9               24.3              2.0                        5.4 x 101       
    Sn-123...........  ................  0.6               16.2              0.5               13.5              3.0 x 102                  8.2 x 103       
    Sn-125...........  ................  0.2               5.41              0.2               5.41              4.0 x 103                  1.1 x 105       
    Sn-126...........  ................  0.3               8.11              0.3               8.11              1.010-3                    2.810-2         
    Sr-82............  Strontium(38)...  0.2               5.41              0.2               5.41              2.3 x 103                  6.2 x 104       
    Sr-85m...........  ................  5                 135               5                 135               1.2 x 106                  3.3 x 107       
    Sr-85............  ................  2                 54.1              2                 54.1              8.8 x 102                  2.4 x 104       
    Sr-87m...........  ................  3                 81.1              3                 81.1              4.8 x 105                  1.3 x 107       
    Sr-89............  ................  0.6               16.2              0.5               13.5              1.1 x 103                  2.9 x 104       
    Sr-90............  ................  0.2               5.41              0.1               2.70              5.1                        1.4 x 102       
    Sr-91............  ................  0.3               8.11              0.3               8.11              1.3 x 105                  3.6 x 106       
    Sr-92............  ................  0.8               21.6              0.5               13.5              4.7 x 105                  1.3 x 107       
    T................  Tritium(1)......  40                1080              40                1080              3.6 x 102                  9.7 x 103       
    Ta-178...........  Tantalum(73)....  1                 27.0              1                 27.0              4.2 x 106                  1.1 x 108       
    Ta-179...........  ................  30                811               30                811               4.1 x 101                  1.1 x 103       
    Ta-182...........  ................  0.8               21.6              0.5               13.5              2.3 x 102                  6.2 x 103       
    Tb-157...........  Terbium(65).....  40                1080              10                270               5.610-1                    1.5 x 101       
    Tb-158...........  ................  1                 27.0              0.7               18.9              5.610-1                    1.5 x 101       
    Tb-160...........  ................  0.9               24.3              0.5               13.5              4.2 x 102                  1.1 x 104       
    Tc-95m...........  Technetium(43)..  2                 54.1              2                 54.1              8.3 x 102                  2.2 x 104       
    Tc-96m...........  ................  0.4               10.8              0.4               10.8              1.4 x 106                  3.8 x 107       
    Tc-96............  ................  0.4               10.8              0.4               10.8              1.2 x 104                  3.2 x 105       
    Tc-97m...........  ................  40                1080              40                1080              5.6 x 102                  1.5 x 104       
    Tc-97............  ................  Unlimited         Unlimited         Unlimited         Unlimited         5.2 x 10-5                 1.4 x 10-3      
    Tc-98............  ................  0.7               18.9              0.7               18.9              3.2 x 10-5                 8.7 x 10-4      
    
    [[Page 50324]]
                                                                                                                                                            
    Tc-99m...........  ................  8                 216               8                 216               1.9 x 105                  5.3 x 106       
    Tc-99............  ................  40                1080              0.9               24.3              6.3 x 10-4                 1.7 x 10-2      
    Te-118...........  Tellurium(52)...  0.2               5.41              0.2               5.41              6.8 x 103                  1.8 x 105       
    Te-121m..........  ................  5                 135               5                 135               2.6 x 102                  7.0 x 103       
    Te-121...........  ................  2                 54.1              2                 54.1              2.4 x 103                  6.4 x 104       
    Te-123m..........  ................  7                 189               7                 189               3.3 x 102                  8.9 x 103       
    Te-125m..........  ................  30                811               9                 243               6.7 x 102                  1.8 x 104       
    Te-127m..........  ................  20                541               0.5               13.5              3.5 x 102                  9.4 x 103       
    Te-127...........  ................  20                541               0.5               13.5              9.8 x 104                  2.6 x 106       
    Te-129m..........  ................  0.6               16.2              0.5               13.5              1.1 x 103                  3.0 x 104       
    Te-129...........  ................  0.6               16.2              0.5               13.5              7.7 x 105                  2.1 x 107       
    Te-131m..........  ................  0.7               18.9              0.5               13.5              3.0 x 104                  8.0 x 105       
    Te-132...........  ................  0.4               10.8              0.4               10.8              1.1 x 104                  3.0 x 105       
    Th-227...........  Thorium(90).....  9                 243               1 x 10-2          0.270             1.1 x 103                  3.1 x 104       
    Th-228...........  ................  0.3               8.11              4 x 10-4          1.08 x 10-2       3.0 x 101                  8.2 x 102       
    Th-229...........  ................  0.3               8.11              3 x 10-5          8.11 x 10-4       7.9 x 10-3                 2.1 x 10-1      
    Th-230...........  ................  2                 54.1              2 x 10-4          5.41 x 10-3       7.6 x 10-4                 2.1 x 10-2      
    Th-231...........  ................  40                1080              0.9               24.3              2.0 x 104                  5.3 x 105       
    Th-232...........  ................  Unlimited         Unlimited         Unlimited         Unlimited         4.0 x 10-9                 1.1 x 10-7      
    Th-234...........  ................  0.2               5.41              0.2               5.41              8.6 x 102                  2.3 x 104       
    Th (natural).....  ................  Unlimited         Unlimited         Unlimited         Unlimited         8.1 x 10-9                 2.2 x 10-7      
    Ti-44............  Titanium(22)....  0.5               13.5              0.2               5.41              6.4                        1.7 x 102       
    Tl-200...........  Thallium(81.1)..  0.8               21.6              0.8               21.6              2.2 x 104                  6.0 x 105       
    Tl-201...........  ................  10                270               10                270               7.9 x 103                  2.1 x 105       
    Tl-202...........                    2                 54.1              2                 54.1              2.0 x 103                  5.3 x 104       
    Tl-204...........                    4                 108               0.5               13.5              1.7 x 101                  4.6 x 102       
    Tm-167...........  Thulium(69).....  7                 189               7                 189               3.1 x 103                  8.5 x 104       
    Tm-168...........                    0.8               21.6              0.8               21.6              3.1 x 102                  8.3 x 103       
    Tm-170...........                    4                 108               0.5               13.5              2.2 x 102                  6.0 x 103       
    Tm-171...........                    40                1080              10                270               4.0 x 101                  1.1 x 103       
    U-230............  Uranium(92).....  40                1080              1 x 10-2          0.270             1.0 x 103                  2.7 x 104       
    U-232............                    3                 81.1              3 x 10-4          8.11 x 10-3       8.3 x 10-1                 2.2 x 101       
    U-233............                    10                270               1 x 10-3          2.70 x 10-2       3.6 x 10-4                 9.7 x 10-3      
    U-234............                    10                270               1 x 10-3          2.70 x 10-2       2.3 x 10-4                 6.2 x 10-3      
    U-235............                    Unlimited         Unlimited         Unlimited         Unlimited         8.0 x 10-8                 2.2 x 10-6      
    U-236............                    10                270               1 x 10-3          2.70 x 10-2       2.4 x 10-6                 6.5 x 10-5      
    U-238............                    Unlimited         Unlimited         Unlimited         Unlimited         1.2 x 10-8                 3.4 x 10-7      
    U (natural)......                    Unlimited         Unlimited         Unlimited         Unlimited         2.6 x 10-8                 7.1 x 10-7      
    U (enriched 5% or                    Unlimited         Unlimited         Unlimited         Unlimited         ------------               (see Sec.       
     less).                                                                                                                                  173.434)       
    U (enriched more                     10                270               1 x 10-3          2.70 x 10-2       ------------               (see Sec.       
     than 5%).                                                                                                                               173.434)       
    U (depleted).....                    Unlimited         Unlimited         Unlimited         Unlimited         ------------               (see Sec.       
                                                                                                                                             173.434)       
    V-48.............  Vanadium(23)....  0.3               8.11              0.3               8.11              6.3 x 103                  1.7 x 105       
    V-49.............                    40                1080              40                1080              3.0 x 102                  8.1 x 103       
    W-178............  Tungsten(74)....  1                 27.0              1                 27.0              1.3 x 10-3                 3.4 x 104       
    W-181............                    30                811               30                811               2.2 x 102                  6.0 x 103       
    W-185............                    40                1080              0.9               24.3              3.5 x 102                  9.4 x 103       
    W-187............                    2                 54.1              0.5               13.5              2.6 x 104                  7.0 x 105       
    W-188............                    0.2               5.41              0.2               5.41              3.7 x 102                  1.0 x 104       
    Xe-122...........  Xenon(54).......  0.2               5.41              0.2               5.41              4.8 x 104                  1.3 x 106       
    Xe-123...........                    0.2               5.41              0.2               5.41              4.4 x 105                  1.2 x 107       
    Xe-127...........                    4                 108               4                 108               1.0 x 103                  2.8 x 104       
    Xe-131m..........                    40                1080              40                1080              3.1 x 103                  8.4 x 104       
    Xe-133...........                    20                541               20                541               6.9 x 103                  1.9 x 105       
    Xe-135...........                    4                 108               4                 108               9.5 x 104                  2.6 x 106       
    Y-87.............  Yttrium(39).....  2                 54.1              2                 54.1              1.7 x 104                  4.5 x 105       
    Y-88.............                    0.4               10.8              0.4               10.8              5.2 x 102                  1.4 x 104       
    Y-90.............                    0.2               5.41              0.2               5.41              2.0 x 104                  5.4 x 105       
    Y-91m............                    2                 54.1              2                 54.1              1.5 x 106                  4.2 x 107       
    Y-91.............                    0.3               8.11              0.3               8.11              9.1 x 102                  2.5 x 104       
    Y-92.............                    0.2               5.41              0.2               5.41              3.6 x 105                  9.6 x 106       
    Y-93.............                    0.2               5.41              0.2               5.41              1.2 x 105                  3.3 x 106       
    Yb-169...........  Ytterbium(70)...  3                 81.1              3                 81.1              8.9 x 102                  2.4 x 104       
    Yb-175...........                    30                811               0.9               24.3              6.6 x 103                  1.8 x 105       
    Zn-65............  Zinc(30)........  2                 54.1              2                 54.1              3.0 x 102                  8.2 x 103       
    Zn-69m...........                    2                 54.1              0.5               13.5              1.2 x 105                  3.3 x 106       
    Zn-69............                    4                 108               0.5               13.5              1.8 x 106                  4.9 x 107       
    Zr-88............  Zirconium(40)...  3                 81.1              3                 81.1              6.6 x 102                  1.8 x 104       
    Zr-93............                    40                1080              0.2               5.41              9.3 x 10-5                 2.5 x 10-3      
    Zr-95............                    1                 27.0              0.9               24.3              7.9 x 102                  2.1 x 104       
    
    [[Page 50325]]
                                                                                                                                                            
    Zr-97............                    0.3               8.11              0.3               8.11              7.1 x 104                  1.9 x 106       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    a International shipments of Einsteinium require multilateral approval of A1 and A2 values.                                                             
    b International shipments of Fermium require multilateral approval of A1 and A2 values.                                                                 
    c 20 Ci for Mo99 for domestic use.                                                                                                                      
    MFP: For mixed fission products, use formula for mixtures or Table 10 in Sec.  173.433.                                                                 
    Note: The activity per gram of radionuclide quantities are technical information that might not provide a direct relationship between the activity and  
      total mass of material contained in a package.                                                                                                        
    
    
    
    
    Sec. 173.441  Radiation level limitations.
    
        (a) Except as provided in paragraph (b) of this section, each 
    package of Class 7 (radioactive) materials offered for transportation 
    must be designed and prepared for shipment, so that under conditions 
    normally incident to transportation, the radiation level does not 
    exceed 2 mSv/hour (200 mrem/hour) at any point on the external surface 
    of the package, and the transport index does not exceed 10.
        (b) A package which exceeds the radiation level limits specified in 
    paragraph (a) of this section must be transported by exclusive use 
    shipment, and the radiation levels for such shipment may not exceed the 
    following during transportation:
        (1) 2 mSv/h (200 mrem/h) on the external surface of the package 
    unless the following conditions are met, in which case the limit is 10 
    mSv/h (1000 mrem/h):
        (i) The shipment is made in a closed transport vehicle;
        (ii) The package is secured within the vehicle so that its position 
    remains fixed during transportation; and
        (iii) There are no loading or unloading operations between the 
    beginning and end of the transportation;
        (2) 2 mSv/h (200 mrem/h) at any point on the outer surfaces of the 
    vehicle, including the top and underside of the vehicle; or in the case 
    of a flat-bed style vehicle, at any point on the vertical planes 
    projected from the outer edges of the vehicle, on the upper surface of 
    the load or enclosure if used, and on the lower external surface of the 
    vehicle;
        (3) 0.1 mSv/h (10 mrem/h) at any point 2 meters (6.6 feet) from the 
    outer lateral surfaces of the vehicle (excluding the top and underside 
    of the vehicle); or in the case of a flat-bed style vehicle, at any 
    point 2 meters (6.6 feet) from the vertical planes projected by the 
    outer edges of the vehicle (excluding the top and underside of the 
    vehicle); and
        (4) 0.02 mSv/h (2 mrem/h) in any normally occupied space, except 
    that this provision does not apply to private carriers if exposed 
    personnel under their control wear radiation dosimetry devices as part 
    of a radiation protection program that satisfies the requirements of 
    subpart I of part 172 of this subchapter.
        (c) For shipments made under the provisions of paragraph (b) of 
    this section, the offeror shall provide specific written instructions 
    for maintenance of the exclusive use shipment controls to the carrier. 
    The instructions must be included with the shipping paper information. 
    The instructions must be sufficient so that, when followed, they will 
    cause the carrier to avoid actions that will unnecessarily delay 
    delivery or unnecessarily result in increased radiation levels or 
    radiation exposures to transport workers or members of the general 
    public.
        (d) Packages exceeding the radiation level or transport index 
    prescribed in paragraph (a) of this section may not be transported by 
    aircraft.
    
    
    Sec. 173.442  Thermal limitations.
    
        A package of Class 7 (radioactive) material must be designed, 
    constructed, and loaded so that--
        (a) The heat generated within the package by the radioactive 
    contents will not, during conditions normally incident to transport, 
    affect the integrity of the package; and
        (b) The temperature of the accessible external surfaces of the 
    loaded package will not, assuming still air in the shade at an ambient 
    temperature of 38 deg.C (100 deg.F), exceed either--
        (1) 50 deg.C (122 deg.F) in other than an exclusive use shipment; 
    or
        (2) 85 deg.C (185 deg.F) in an exclusive use shipment.
    
    
    Sec. 173.443  Contamination control.
    
        (a) The level of non-fixed (removable) radioactive contamination on 
    the external surfaces of each package offered for transport must be 
    kept as low as reasonably achievable. The level of non-fixed 
    radioactive contamination may not exceed the limits set forth in Table 
    11 and must be determined by either:
        (1) Wiping an area of 300 square centimeters of the surface 
    concerned with an absorbent material, using moderate pressure, and 
    measuring the activity on the wiping material. Sufficient measurements 
    must be taken in the most appropriate locations to yield a 
    representative assessment of the non-fixed contamination levels. The 
    amount of radioactivity measured on any single wiping material, when 
    averaged over the surface wiped, may not exceed the limits set forth in 
    Table 11 at any time during transport; or
        (2) Using other methods of assessment of equal or greater 
    efficiency, in which case the efficiency of the method used must be 
    taken into account and the non-fixed contamination on the external 
    surfaces of the package may not exceed ten times the limits set forth 
    in Table 11, as follows:
    
       Table 11.--Non-Fixed External Radioactive Contamination-Wipe Limits  
    ------------------------------------------------------------------------
                                                Maximum permissible limits  
                   Contaminant               -------------------------------
                                                Bq/cm2    uCi/cm2   dpm/cm2 
    ------------------------------------------------------------------------
    Beta and gamma emitters and low toxicity                                
     alpha emitters.........................       0.41       0-5       22  
    All other alpha emitting radionuclides..       0.04      10-6        2.2
    ------------------------------------------------------------------------
    
        (b) Except as provided in paragraph (d) of this section, in the 
    case of packages transported as exclusive use shipments by rail or 
    public highway only, the removable (non-fixed) radioactive 
    contamination on any package at any time during transport may not 
    exceed ten times the levels prescribed in paragraph (a) of this 
    section. The levels at the beginning of transport may not exceed the 
    levels prescribed in paragraph (a) of this section.
        (c) Except as provided in paragraph (d) of this section, each 
    transport vehicle used for transporting Class 7 (radioactive) materials 
    as an exclusive use shipment that utilizes the 
    
    [[Page 50326]]
    provisions of paragraph (b) of this section must be surveyed with 
    appropriate radiation detection instruments after each use. A vehicle 
    may not be returned to service until the radiation dose rate at each 
    accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less, 
    and there is no significant removable (non-fixed) radioactive surface 
    contamination as specified in paragraph (a) of this section.
        (d) Paragraphs (b) and (c) of this section do not apply to any 
    closed transport vehicle used solely for the transportation by highway 
    or rail of Class 7 (radioactive) material packages with contamination 
    levels that do not exceed 10 times the levels prescribed in paragraph 
    (a) of this section if--
        (1) A survey of the interior surfaces of the empty vehicle shows 
    that the radiation dose rate at any point does not exceed 0.1 mSv per 
    hour (10 mrem per hour) at the surface or 0.02 mSv per hour (2 mrem per 
    hour) at 1 meter (3.3 feet) from the surface;
        (2) Each vehicle is stenciled with the words ``For Radioactive 
    Materials Use Only'' in letters at least 76 millimeters (3 inches) high 
    in a conspicuous place on both sides of the exterior of the vehicle; 
    and
        (3) Each vehicle is kept closed except for loading or unloading.
    
    
    Sec. 173.444  Labeling requirements.
    
        Each package of Class 7 (radioactive) materials, unless excepted by 
    Sec. 173.421, Sec. 173.424, Sec. 173.426, 173.427 or Sec. 173.428, must 
    be labeled as prescribed in Subpart E of Part 172 of this subchapter.
    
    
    Sec. 173.446  Placarding requirements.
    
        Placarding requirements are prescribed in Subpart F of Part 172 of 
    this subchapter.
    
    
    Sec. 173.447  Storage incident to transportation--general requirements.
    
        The following requirements apply to temporary storage during the 
    course of transportation but not to Nuclear Regulatory Commission or 
    Agreement State-licensed facilities or U.S. Government-owned or 
    contracted facilities.
        (a) The number of packages bearing RADIOACTIVE YELLOW-II or 
    RADIOACTIVE YELLOW-III labels stored in any one storage area, such as a 
    transit area, terminal building, storeroom, waterfront pier, or 
    assembly yard, must be limited so that the sum of the transport indexes 
    in any individual group of packages does not exceed 50. Groups of these 
    packages must be stored so as to maintain a spacing of at least 6 
    meters (20 feet) from other groups of packages containing Class 7 
    (radioactive) materials.
        (b) Mixing of different kinds of Class 7 (radioactive) materials 
    packages that include fissile materials packages is authorized only in 
    accordance with Sec. 173.459.
    
    
    Sec. 173.448  General transportation requirements.
    
        (a) Each shipment of Class 7 (radioactive) materials must be 
    secured to prevent shifting during normal transportation conditions.
        (b) Except as provided in Secs. 174.81, 176.83, and 177.848 of this 
    subchapter, or as otherwise required by the competent authority in the 
    applicable certificate, a package of Class 7 (radioactive) materials 
    may be carried among packaged general cargo without special stowage 
    provisions, if--
        (1) The heat output in watts does not exceed 0.1 times the minimum 
    package dimension in centimeters; or
        (2) The average surface heat flux of the package does not exceed 15 
    watts per square meter and the immediately surrounding cargo is not in 
    sacks or bags or otherwise in a form that would seriously impede air 
    circulation for heat removal.
        (c) Packages bearing labels prescribed in Sec. 172.403 of this 
    subchapter may not be carried in compartments occupied by passengers, 
    except in those compartments exclusively reserved for couriers 
    accompanying those packages.
        (d) Mixing of different kinds of packages that include fissile 
    packages is authorized only in accordance with Sec. 173.459.
        (e) No person shall offer for transportation or transport aboard a 
    passenger-carrying aircraft any single package with a transport index 
    greater than 3.0 or an overpack with a transport index greater than 
    3.0.
        (f) No person shall offer for transportation or transport aboard a 
    passenger-carrying aircraft any Class 7 (radioactive) material unless 
    that material is intended for use in, or incident to, research, medical 
    diagnosis or treatment.
        (g) If an overpack is used to consolidate individual packages of 
    Class 7 (radioactive) materials, the packages must comply with the 
    packaging, marking, and labeling requirements of this subchapter, and 
    the following:
        (1) The overpack must be labeled as prescribed in Sec. 172.403 of 
    this subchapter, except as follows:
        (i) The ``contents'' entry on the label may state ``mixed'' unless 
    each inside package contains the same radionuclide(s);
        (ii) The ``activity'' entry on the label must be determined by 
    adding together the number of Becquerels (curies) of the Class 7 
    (radioactive) materials packages contained therein;
        (iii) For a non-rigid overpack, the required label together with 
    required package markings must be affixed to the overpack by means of a 
    securely attached, durable tag. The transport index must be determined 
    by adding together the transport indexes of the Class 7 (radioactive) 
    materials packages contained therein; and
        (iv) For a rigid overpack, the transport index must be determined 
    by:
        (A) Adding together the transport indexes of the Class 7 
    (radioactive) materials packages contained in the overpack; or
        (B) Except for fissile Class 7 (radioactive) materials, direct 
    measurements as prescribed in Sec. 173.403 for transport index, taken 
    by the person initially offering the packages contained within the 
    overpack for shipment.
        (2) The overpack must be marked as prescribed in Subpart D of Part 
    172 of this subchapter and Sec. 173.25(a).
        (3) The transport index of the overpack may not exceed 3.0 for 
    passenger-carrying aircraft shipments, or 10.0 for cargo-aircraft only 
    shipments.
    
    
    Sec. 173.451  Fissile materials--general requirements.
    
        Except as provided in Sec. 173.453, each package containing fissile 
    Class 7 (radioactive) materials must comply with Secs. 173.457 and 
    173.459.
    
    
    Sec. 173.453  Fissile materials--exceptions.
    
        The requirements of Secs. 173.451 through 173.459 do not apply to:
        (a) A package containing 15 grams or less of fissile radionuclides. 
    If the material is transported in bulk, the quantity limitation applies 
    to the conveyance.
        (b) A package containing homogeneous solutions or mixtures where:
        (1) The minimum ratio of the number of hydrogen atoms to the number 
    of atoms of fissile radionuclides (H/X) is 5200;
        (2) The maximum concentration of fissile radionuclides is 5 grams 
    per liter; and
        (3) The maximum mass of fissile radionuclides in the package is 500 
    grams, except that for a mixture in which the total mass of plutonium 
    and uranium-233 does not exceed 1% of the mass of uranium-235, the 
    limit is 800 grams of uranium-235. If the material is transported in 
    bulk, the quantity limitations apply to the conveyance. 
    
    [[Page 50327]]
    
        (c) A package containing uranium enriched in uranium-235 to a 
    maximum of 1% by mass, and mixed with a total plutonium and uranium-233 
    content of up to 1% of the mass of uranium-235, if the fissile 
    radionuclides are distributed homogeneously throughout the package 
    contents, and do not form a lattice arrangement within the package.
        (d) A package containing not more than 5 grams of fissile 
    radionuclides in any 10 liter volume, provided that the material is 
    contained in packages that will maintain the limitation on fissile 
    radionuclide distribution during normal conditions of transport.
        (e) A package containing one kilogram or less of plutonium of which 
    20% or less by mass may consist of plutonium-239, plutonium-241, or any 
    combination of those radionuclides.
        (f) A package containing liquid solutions of uranyl nitrate 
    enriched in uranium-235 to a maximum of 2% by mass, with total 
    plutonium and uranium-233 content not exceeding 0.1% of the mass of 
    uranium-235 with a nitrogen-to-uranium atomic ratio (N/U) of 2.
    
    
    Sec. 173.457  Transportation of fissile material, controlled 
    shipments--specific requirements.
    
        Shipments of fissile material packages that have been assigned a 
    transport index of greater than 10 for criticality control purposes in 
    accordance with 10 CFR 71.59 must meet the requirements of this section 
    and Sec. 173.441(a) or (b).
        (a) For fissile material, controlled shipments, the offeror or 
    carrier, as appropriate, must incorporate transportation controls 
    which:
        (1) Provide nuclear criticality safety;
        (2) Protect against loading, storing, or transporting that shipment 
    with any other fissile material; and
        (3) Include in the shipping papers the description required by 
    Sec. 172.203(d) of this subchapter.
        (b) Fissile material, controlled shipments must be transported:
        (1) In an exclusive use conveyance;
        (2) Except for shipments by aircraft, in a conveyance with an 
    escort having the capability, equipment, authority, and instructions to 
    provide administrative controls necessary to assure compliance with 
    this section;
        (3) In a conveyance containing no other packages of any Class 7 
    (radioactive) material required to bear one of the labels prescribed in 
    Sec. 172.403 of this subchapter. Specific arrangements must be made 
    between the offeror and the carrier, with instructions to that effect 
    issued with the shipping papers; or
        (4) Under any other procedure approved by the Associate 
    Administrator for Hazardous Materials Safety in accordance with Part 
    107 of this subchapter.
    
    
    Sec. 173.459  Mixing of fissile material packages.
    
        (a) Mixing of fissile material packages with other types of Class 7 
    (radioactive) materials is authorized only if the transport index of 
    any single package does not exceed 10 and the total transport index in 
    any conveyance or storage location does not exceed 50.
        (b) Fissile packages may be shipped with an external radiation 
    level greater than 0.1 mSv/hr (10 mrem per hour) at 1 meter (3.3 feet), 
    and combined with other packages of the same or different designs in a 
    fissile material, controlled shipment, under the conditions prescribed 
    in Sec. 173.457, if:
        (1) Each package in the shipment has been assigned a transport 
    index for criticality control purposes in accordance with the 10 CFR 
    71.59;
        (2) The nuclear criticality control transport index does not exceed 
    10 for any single package;
        (3) The total nuclear criticality control transport index does not 
    exceed 100 for all packages in the shipment; and
        (4) Except as provided in Sec. 176.704(e) of this subchapter, the 
    shipment is not transported by vessel.
        (c) A fissile material, controlled shipment of packages may be 
    combined with other packages of the same or different design when each 
    package has been assigned a nuclear criticality control transport index 
    in accordance with 10 CFR 71.59, and may be combined with other fissile 
    packages into a fissile material, controlled shipment under the 
    conditions prescribed in Sec. 173.457, if:
        (1) The nuclear criticality control transport index which has been 
    assigned in the package approval does not exceed 50 for any single 
    package;
        (2) The total nuclear criticality control transport index for all 
    packages in the shipment does not exceed 100; and
        (3) Except as provided in Sec. 176.704(e) of this subchapter, the 
    shipment is not transported by vessel.
    
    
    Sec. 173.461  Demonstration of compliance with tests.
    
        (a) Compliance with the test requirements in Secs. 173.463 through 
    173.469 must be shown by any of the methods prescribed in this 
    paragraph, or by a combination of these methods appropriate for the 
    particular feature being evaluated:
        (1) Performance of tests with prototypes or samples of the 
    specimens representing LSA-III, special form Class 7 (radioactive) 
    material, or packaging, in which case the contents of the packaging for 
    the test must simulate as closely as practicable the expected range of 
    physical properties of the radioactive contents or packaging to be 
    tested, must be prepared as normally presented for transport. The use 
    of non-radioactive substitute contents is encouraged provided that the 
    results of the testing take into account the radioactive 
    characteristics of the contents for which the package is being tested;
        (2) Reference to a previous, satisfactory demonstration of 
    compliance of a sufficiently similar nature;
        (3) Performance of tests with models of appropriate scale 
    incorporating those features that are significant with respect to the 
    item under investigation, when engineering experience has shown results 
    of those tests to be suitable for design purposes. When a scale model 
    is used, the need for adjusting certain test parameters, such as the 
    penetrator diameter or the compressive load, must be taken into 
    account; or
        (4) Calculations or reasoned evaluation, using reliable and 
    conservative procedures and parameters.
        (b) With respect to the initial conditions for the tests under 
    Secs. 173.463 through 173.469, except for the water immersion tests, 
    compliance must be based upon the assumption that the package is in 
    equilibrium at an ambient temperature of 38 deg.C (100 deg.F).
    
    
    Sec. 173.462  Preparation of specimens for testing.
    
        (a) Each specimen (i.e., sample, prototype or scale model) must be 
    examined before testing to identify and record faults or damage, 
    including:
        (1) Divergence from the specifications or drawings;
        (2) Defects in construction;
        (3) Corrosion or other deterioration; and
        (4) Distortion of features.
        (b) Any deviation found under paragraph (a) of this section from 
    the specified design must be corrected or appropriately taken into 
    account in the subsequent evaluation.
        (c) The containment system of the packaging must be clearly 
    specified.
        (d) The external features of the specimen must be clearly 
    identified so that reference may be made to any part of it.
    
    
    Sec. 173.463  Packaging and shielding--testing for integrity.
    
        After each of the applicable tests specified in Secs. 173.465 and 
    173.466, the 
    
    [[Page 50328]]
    integrity of the packaging, or of the packaging and its shielding, 
    whichever is applicable, must be retained to the extent required by 
    Sec. 173.412(j) for the packaging being tested.
    
    
    Sec. 173.465  Type A packaging tests.
    
        (a) The packaging, with contents, must be capable of withstanding 
    the water spray, free drop, compression and penetration tests 
    prescribed in this section. One prototype may be used for all tests if 
    the requirements of paragraph (b) of this section are met.
        (b) Water spray test. The water spray test must precede each test 
    or test sequence prescribed in this section. The water spray test must 
    simulate exposure to rainfall of approximately 5 centimeters (2 inches) 
    per hour for at least one hour. The time interval between the end of 
    the water spray test and the beginning of the next test must be such 
    that the water has soaked in to the maximum extent without appreciable 
    drying of the exterior of the specimen. In the absence of evidence to 
    the contrary, this interval may be assumed to be two hours if the water 
    spray is applied from four different directions simultaneously. 
    However, no time interval may elapse if the water spray is applied from 
    each of the four directions consecutively.
        (c) Free drop test. The specimen must drop onto the target so as to 
    suffer maximum damage to the safety features being tested, and:
        (1) The height of the drop measured from the lowest point of the 
    specimen to the upper surface of the target may not be less than the 
    distance specified in Table 12, for the applicable package mass. The 
    target must be as specified in Sec. 173.465(c)(5). Table 12 is as 
    follows:
    
     Table 12.--Free Drop Distance for Testing Packages to Normal Conditions
                                  of Transport                              
    ------------------------------------------------------------------------
                       Packaging mass                     Free drop distance
    ------------------------------------------------------------------------
                     Kilograms (pounds)                    Meters    (Feet) 
    ------------------------------------------------------------------------
    < mass="" 5000="" (11,000)................................="" 1.2="" (4)="" 5,000="" (11,000)="" mass="" to="" 10,000="" (22,000)..............="" 0.9="" (3)="" 10,000="" (22,000)="" mass="" to="" 15,000="" (33,000).............="" 0.6="" (2)=""> 15,000 (33,000) Mass..............................       0.3       (1)
    ------------------------------------------------------------------------
    
        (2) For packages containing fissile material, the free drop test 
    specified in paragraph (c)(1) of this section must be preceded by a 
    free drop from a height of 0.3 meter (1 foot) on each corner, or in the 
    case of cylindrical packages, onto each of the quarters of each rim.
        (3) For fiberboard or wood rectangular packages with a mass of 50 
    kilograms (110 pounds) or less, a separate specimen must be subjected 
    to a free drop onto each corner from a height of 0.3 meter (1 foot).
        (4) For cylindrical fiberboard packages with a mass of 100 
    kilograms (220 pounds) or less, a separate specimen must be subjected 
    to a free drop onto each of the quarters of each rim from a height of 
    0.3 meter (1 foot).
        (5) The target for the free drop test must be a flat, horizontal 
    surface of such mass and rigidity that any increase in its resistance 
    to displacement or deformation upon impact by the specimen would not 
    significantly increase the damage to the specimen.
        (d) Stacking test. (1) The specimen must be subjected for a period 
    of at least 24 hours to a compressive load equivalent to the greater of 
    the following:
        (i) Five times the mass of the actual package; or
        (ii) The equivalent of 13 kilopascals (1.9 pounds per square inch) 
    multiplied by the vertically projected area of the package.
        (2) The compressive load must be applied uniformly to two opposite 
    sides of the specimen, one of which must be the base on which the 
    package would normally rest.
        (e) Penetration test. For the penetration test, the specimen must 
    be placed on a rigid, flat, horizontal surface that will not move 
    significantly while the test is being performed.
        (1) A bar of 3.2 centimeters (1.3 inches) in diameter with a 
    hemispherical end and a mass of 6 kilograms (13.2 pounds) must be 
    dropped and directed to fall with its longitudinal axis vertical, onto 
    the center of the weakest part of the specimen, so that, if it 
    penetrates far enough, it will hit the containment system. The bar may 
    not be significantly deformed by the test; and
        (2) The height of the drop of the bar measured from its lower end 
    to the intended point of impact on the upper surface of the specimen 
    must be 1 meter (3.3 feet) or greater.
    
    
    Sec. 173.466  Additional tests for Type A packagings designed for 
    liquids and gases.
    
        (a) In addition to the tests prescribed in Sec. 173.465, Type A 
    packagings designed for liquids and gases must be capable of 
    withstanding the following tests:
        (1) Free drop test. The packaging specimen must drop onto the 
    target so as to suffer the maximum damage to its containment. The 
    height of the drop measured from the lowest part of the packaging 
    specimen to the upper surface of the target must be 9 meters (30 feet) 
    or greater. The target must be as specified in Sec. 173.465(c)(5).
        (2) Penetration test. The specimen must be subjected to the test 
    specified in Sec. 173.465(e) except that the height of the drop must be 
    1.7 meters (5.5 feet).
    
    
    Sec. 173.467  Tests for demonstrating the ability of Type B and fissile 
    materials packagings to withstand accident conditions in 
    transportation.
    
        Each Type B packaging or packaging for fissile material must meet 
    the test requirements prescribed in 10 CFR Part 71 for ability to 
    withstand accident conditions in transportation.
    
    
    Sec. 173.468  Test for LSA-III material.
    
        (a) LSA-III Class 7 (radioactive) material must meet the test 
    requirement of paragraph (b) of this section. Any differences between 
    the material to be transported and the test material must be taken into 
    account in determining whether the test requirements have been met.
        (b) Test method. (1) The specimen representing no less than the 
    entire contents of the package must be immersed for 7 days in water at 
    ambient temperature.
        (2) The volume of water to be used in the test must be sufficient 
    to ensure that at the end of the test period the free volume of the 
    unabsorbed and unreacted water remaining will be at least 10% of the 
    volume of the specimen itself.
        (3) The water must have an initial pH of 6-8 and a maximum 
    conductivity of 10 micromho/cm at 20 deg.C (68 deg.F).
        (4) The total activity of the free volume of water must be measured 
    following the 7 day immersion test and must not exceed 0.1 A2.
    
    
    Sec. 173.469  Tests for special form Class 7 (radioactive) materials.
    
        (a) Special form Class 7 (radioactive) materials must meet the test 
    requirements of paragraph (b) of this section. Each solid Class 7 
    (radioactive) material or capsule specimen to be tested must be 
    manufactured or fabricated so that it is representative of the actual 
    solid material or capsule that will be transported with the proposed 
    radioactive content duplicated as closely as practicable. Any 
    differences between the material to be transported and the test 
    material, such as the use of non-radioactive contents, must be taken 
    into account in determining whether the test requirements have been 
    met. The following additional conditions apply:
        (1) A different specimen may be used for each of the tests;
        (2) The specimen may not break or shatter when subjected to the 
    impact, percussion, or bending tests; 
    
    [[Page 50329]]
    
        (3) The specimen may not melt or disperse when subjected to the 
    heat test; and
        (4) After each test, leaktightness or indispersibility of the 
    specimen must be determined by--
        (i) A method no less sensitive than the leaching assessment 
    prescribed in paragraph (c) of this section. For a capsule resistant to 
    corrosion by water, and which has an internal void volume greater than 
    0.1 milliliter, an alternative to the leaching assessment is a 
    demonstration of leaktightness of 10-4 torr-1/s (1.3  x  
    10-24 atm-cm3/s) based on air at 25 deg.C (77 deg.F) and one 
    atmosphere differential pressure for solid radioactive content, or 
    10-6 torr-1/s (1.3  x  10-6 atm-cm3/s) for liquid or 
    gaseous radioactive content; or
        (ii) A specimen that comprises or simulates Class 7 (radioactive) 
    material contained in a sealed capsule need not be subjected to the 
    leaktightness procedure specified in this section provided it is 
    alternatively subjected to any of the tests prescribed in ISO/TR4826-
    1979(E), ``Sealed Radioactive Sources Leak Test Methods.''
        (b) Test methods.--(1) Impact Test. The specimen must fall onto the 
    target from a height of 9 meters (30 feet) or greater. The target must 
    be as specified in Sec. 173.465(c)(5).
        (2) Percussion Test. (i) The specimen must be placed on a sheet of 
    lead that is supported by a smooth solid surface, and struck by the 
    flat face of a steel billet so as to produce an impact equivalent to 
    that resulting from a free drop of 1.4 kilograms (3 pounds) through 1 
    meter (3.3 feet).
        (ii) The flat face of the billet must be 2.5 centimeters (1 inch) 
    in diameter with the edges rounded off to a radius of 3 millimeters 
    0.3 millimeters (0.12 inch 0.012 inch).
        (iii) The lead must be of hardness number 3.5 to 4.5 on the Vickers 
    scale and thickness 2.5 centimeters (1 inch) or greater, and must cover 
    an area greater than that covered by the specimen.
        (iv) A fresh surface of lead must be used for each impact.
        (v) The billet must strike the specimen so as to cause maximum 
    damage.
        (3) Bending test. (i) This test applies only to long, slender 
    sources with a length of 10 centimeters (4 inches) or greater and a 
    length to width ratio of 10 or greater.
        (ii) The specimen must be rigidly clamped in a horizontal position 
    so that one half of its length protrudes from the face of the clamp.
        (iii) The orientation of the specimen must be such that the 
    specimen will suffer maximum damage when its free end is struck by the 
    flat face of a steel billet.
        (iv) The billet must strike the specimen so as to produce an impact 
    equivalent to that resulting from a free vertical drop of 1.4 kilograms 
    (3 pounds) through 1 meter (3.3 feet).
        (v) The flat face of the billet must be 2.5 centimeters (1 inch) in 
    diameter with the edges rounded off to a radius of 3 millimeters 
    0.3 millimeters (.12 inch 0.012 inch).
        (4) Heat test. The specimen must be heated in air to a temperature 
    of not less than 800 deg.C (1475 deg.F), held at that temperature for a 
    period of 10 minutes, and then allowed to cool.
        (c) Leaching assessment methods. (1) For indispersible solid 
    material--
        (i) The specimen must be immersed for seven days in water at 
    ambient temperature. The water must have a pH range of 6 to 8 and a 
    maximum conductivity of 10 micromho per centimeter at 20 deg.C 
    (68 deg.F).
        (ii) The water with specimen must then be heated to a temperature 
    of 50 deg.C 5 deg. (122 deg.F 9 deg.) and 
    maintained at this temperature for four hours.
        (iii) The activity of the water must then be determined.
        (iv) The specimen must then be stored for at least seven days in 
    still air of relative humidity not less than 90 percent at 30 deg.C 
    (86 deg.F).
        (v) The specimen must then be immersed in water under the same 
    conditions as in paragraph (c)(1)(i) of this section, and the water 
    with specimen must be heated to 50 deg.C 5 (122 deg.F 
    9 deg.) and maintained at that temperature for four hours.
        (vi) The activity of the water must then be determined. The 
    activities determined in paragraph (c)(1)(iii) of this section and this 
    paragraph, (c)(1)(vi), may not exceed 2 kilobecquerels (0.05 
    microcurie).
        (2) For encapsulated material--
        (i) The specimen must be immersed in water at ambient temperature. 
    The water must have a pH of 6-8 and a maximum conductivity of 10 
    micromho per centimeter.
        (ii) The water and specimen must be heated to a temperature of 
    50 deg.C 5 deg. (122 deg.F 9 deg.) and 
    maintained at this temperature for four hours.
        (iii) The activity of the water must then be determined.
        (iv) The specimen must then be stored for at least seven days in 
    still air at a temperature of 30 deg.C (86 deg.F) or greater.
        (v) The process in paragraphs (c)(2)(i), (c)(2)(ii), and 
    (c)(2)(iii) of this section must be repeated.
        (vi) The activity determined in paragraph (c)(2)(iii) of this 
    section may not exceed 2 kilobecquerels (0.05 microcurie).
        (d) A specimen that comprises or simulates Class 7 (radioactive) 
    material contained in a sealed capsule need not be subjected to--
        (1) The impact test and the percussion test of this section 
    provided that the specimen is alternatively subjected to the Class 4 
    impact test prescribed in ISO 2919-1980(e), ``Sealed Radioactive 
    Sources Classification''; and
        (2) The heat test of this section, provided the specimen is 
    alternatively subjected to the Class 6 temperature test specified in 
    the International Organization for Standardization document ISO 2919-
    1980(e), ``Sealed Radioactive Sources Classification.''
    
    
    Sec. 173.471  Requirements for U.S. Nuclear Regulatory Commission 
    approved packages.
    
        In addition to the applicable requirements of the U.S. Nuclear 
    Regulatory Commission (USNRC) and other requirements of this 
    subchapter, any offeror of a Type B, Type B(U), Type B(M), or fissile 
    material package that has been approved by the USNRC in accordance with 
    10 CFR part 71 must also comply with the following requirements:
        (a) The offeror shall be registered with the USNRC as a party to 
    the packaging approval, and make the shipment in compliance with the 
    terms of the packaging approval;
        (b) The outside of each package must be durably and legibly marked 
    with the package identification marking indicated in the USNRC 
    packaging approval;
        (c) Each shipping paper related to the shipment of the package must 
    bear the package identification marking indicated in the USNRC 
    packaging approval;
        (d) Before export shipment of the package, the offeror shall obtain 
    a U.S. Competent Authority Certificate for that package design or if 
    one has already been issued, the offeror shall register, in writing 
    (including a description of the quality assurance program required by 
    10 CFR part 71) with the U.S. Competent Authority as a user of the 
    certificate. (Note: The person who originally applies for a U.S. 
    Competent Authority Certificate will be registered automatically.) Upon 
    registration, the offeror will be furnished with a copy of the 
    certificate. The offeror shall then submit a copy of the U.S. Competent 
    Authority Certificate applying to that package design to the national 
    competent authority of each country into or through which the package 
    will be transported, unless the offeror has documentary evidence that a 
    copy has already been furnished; and 
    
    [[Page 50330]]
    
        (e) Each request for a U.S. Competent Authority Certificate as 
    required by the IAEA regulations must be submitted in writing to the 
    Associate Administrator for Hazardous Materials Safety. The request 
    must be in triplicate and include copies of the applicable USNRC 
    packaging approval, USNRC Quality Assurance Program approval number, 
    and a reproducible 22 cm x 30 cm (8.5'' x 11'') drawing showing the 
    make-up of the package. Each request is considered in the order in 
    which it is received. To allow sufficient time for consideration, 
    requests must be received at least 90 days before the requested 
    effective date.
    
    
    Sec. 173.472  Requirements for exporting DOT Specification Type B and 
    fissile packages.
    
        (a) Any offeror who exports a DOT Specification Type B or fissile 
    material package authorized by Sec. 173.416 or Sec. 173.417 shall 
    comply with paragraphs (b) through (f) of this section.
        (b) The shipment must be made in accordance with the conditions of 
    the U.S. Certificate of Competent Authority.
        (c) The outside of each package must be durably and legibly marked 
    with the package identification marking indicated in the U.S. Competent 
    Authority Certificate.
        (d) Each shipping paper related to the shipment of the package must 
    bear the package identification marking indicated in the U.S. Competent 
    Authority Certificate.
        (e) Before export of the package, the offeror shall obtain a U.S. 
    Competent Authority Certificate for that package design, or if one has 
    already been issued, the offeror shall register in writing (including a 
    description of the quality assurance program required by 10 CFR Part 
    71, subpart H, or 49 CFR 173.474 and 173.475) with the U.S. Competent 
    Authority as a user of the certificate. Upon registration, the offeror 
    will be furnished with a copy of the certificate. The offeror shall 
    then submit a copy of the U.S. Competent Authority Certificate applying 
    to that package design to the national competent authority of each 
    country into or through which the package will be transported, unless 
    the offeror has documentary evidence that a copy has already been 
    furnished.
        (f) Each request for a U.S. Competent Authority Certificate as 
    required by IAEA regulations must be submitted in writing to the 
    Associate Administrator for Hazardous Materials Safety. The request 
    must be submitted in triplicate and must include a description of the 
    quality assurance program required by 10 CFR Part 71, subpart H, or 49 
    CFR 173.474 and 173.475, and a reproducible 22 cm x 30 cm (8.5'' x 
    11'') drawing showing the make-up of the package. A copy of the USNRC 
    quality assurance program approval will satisfy the requirement for 
    describing the quality assurance program. Each request is considered in 
    the order in which it is received. To allow sufficient time for 
    consideration, requests must be received at least 90 days before the 
    requested effective date.
    
    
    Sec. 173.473  Requirements for foreign-made packages.
    
        In addition to other applicable requirements of this subchapter, 
    each offeror of a foreign-made Type B, Type B(U), Type B(M), or fissile 
    material package for which a Competent Authority Certificate is 
    required by IAEA's ``Regulations for the Safe Transport of Radioactive 
    Materials, Safety Series No. 6,'' shall also comply with the following 
    requirements:
        (a) Prior to the shipment of such a package of Class 7 
    (radioactive) materials into or from the U.S., the offeror shall--
        (1) Have the foreign competent authority certificate revalidated by 
    the U.S. Competent Authority, unless this has been done previously. 
    Each request for revalidation must be submitted in writing to the 
    Associate Administrator for Hazardous Materials Safety. The request 
    must be in triplicate, contain all the information required by Section 
    VII of the IAEA regulations in Safety Series No. 6, and include a copy 
    in English of the foreign competent authority certificate. Each request 
    is considered in the order in which it is received. To allow sufficient 
    time for consideration, requests must be received at least 90 days 
    before the requested effective date;
        (2) Register in writing with the U.S. Competent Authority as a user 
    of the package covered by the foreign competent authority certificate 
    and its U.S. revalidation. If the offeror is requesting the 
    revalidation, registration is automatic; and
        (3) Supply to the carrier, upon request, the applicable competent 
    authority certificates. However, the competent authority certificates 
    are not required to accompany the packages to which they apply.
        (b) The outside of each package must be durably and legibly marked 
    with the competent authority identification marking indicated on the 
    Competent Authority Certificate and revalidation.
        (c) Each shipping paper for a shipment of Class 7 (radioactive) 
    materials must bear a notation of the package identification marking 
    indicated on the competent authority certificate or revalidation.
        (d) All requirements of the foreign competent authority certificate 
    and the U.S. Competent Authority revalidation must be fulfilled.
    
    
    Sec. 173.474  Quality control for construction of packaging.
    
        Prior to the first use of any packaging for the shipment of Class 7 
    (radioactive) material, the offeror shall determine that--
        (a) The packaging meets the quality of design and construction 
    requirements as specified in this subchapter; and
        (b) The effectiveness of the shielding, containment and, when 
    required, the heat transfer characteristics of the package, are within 
    the limits specified for the package design.
    
    
    Sec. 173.475  Quality control requirements prior to each shipment of 
    Class 7 (radioactive) materials.
    
        Before each shipment of any Class 7 (radioactive) materials 
    package, the offeror must ensure, by examination or appropriate tests, 
    that--
        (a) The packaging is proper for the contents to be shipped;
        (b) The packaging is in unimpaired physical condition, except for 
    superficial marks;
        (c) Each closure device of the packaging, including any required 
    gasket, is properly installed, secured, and free of defects;
        (d) For fissile material, each moderator and neutron absorber, if 
    required, is present and in proper condition;
        (e) Each special instruction for filling, closing, and preparation 
    of the packaging for shipment has been followed;
        (f) Each closure, valve, or other opening of the containment system 
    through which the radioactive content might escape is properly closed 
    and sealed;
        (g) Each packaging containing liquid in excess of an A2 
    quantity and intended for air shipment has been tested to show that it 
    will not leak under an ambient atmospheric pressure of not more than 25 
    kPa, absolute (3.6 psia). The test must be conducted on the entire 
    containment system, or on any receptacle or vessel within the 
    containment system, to determine compliance with this requirement;
        (h) The internal pressure of the containment system will not exceed 
    the design pressure during transportation; and
        (i) External radiation and contamination levels are within the 
    allowable limits specified in this subchapter. 
    
    [[Page 50331]]
    
    
    
    Sec. 173.476  Approval of special form Class 7 (radioactive) materials.
    
        (a) Each offeror of special form Class 7 (radioactive) materials 
    must maintain on file for at least one year after the latest shipment, 
    and provide to the Associate Administrator for Hazardous Materials 
    Safety on request, a complete safety analysis, including documentation 
    of any tests, demonstrating that the special form material meets the 
    requirements of Sec. 173.469. An IAEA Certificate of Competent 
    Authority issued for the special form material may be used to satisfy 
    this requirement.
        (b) Prior to the first export shipment of a special form Class 7 
    (radioactive) material from the United States, each offeror shall 
    obtain a U.S. Competent Authority Certificate for the specific 
    material. For special form material manufactured outside the United 
    States, an IAEA Certificate of Competent Authority from the country of 
    origin may be used to meet this requirement.
        (c) Each request for a U.S. Competent Authority Certificate as 
    required by the IAEA regulations must be submitted in writing, in 
    triplicate, to the Associate Administrator for Hazardous Materials 
    Safety. Each request is considered in the order in which it is 
    received. To allow sufficient time for consideration, requests must be 
    received at least 90 days before the requested effective date. Each 
    petition for a U.S. Competent Authority Certificate must include the 
    following information:
        (1) A detailed description of the material, or if a capsule, a 
    detailed description of the contents. Particular reference must be made 
    to both physical and chemical states;
        (2) A detailed statement of the capsule design and dimensions, 
    including complete engineering drawings [22cm  x  30cm (8\1/2\ inches 
    x  11 inches)] and schedules of material, and methods of construction;
        (3) A statement of the tests that have been made and their results; 
    or evidence based on calculative methods to show that the material is 
    able to pass the tests; or other evidence that the special form Class 7 
    (radioactive) material complies with Sec. 173.469; and
        (4) For the original request for a Competent Authority Certificate, 
    evidence of a quality assurance program.
        (d) Paragraphs (a) and (b) of this section do not apply in those 
    cases where A1 equals A2 and the material is not required to 
    be described on the shipping papers as ``Radioactive Material, Special 
    Form, n.o.s.''
    
    
    Sec. 173.477  Approval for export shipments.
    
        (a) Each export shipment of a package for which an IAEA certificate 
    of competent authority has been issued or revalidated in accordance 
    with Sec. 173.471, Sec. 173.472, or Sec. 173.473 must have multilateral 
    approval if the shipment includes:
        (1) A vented Type B(M) package;
        (2) A Type B(M) packaging containing Class 7 (radioactive) 
    materials with an activity greater than 3  x  103 A1, or 3 
    x  103 A2, as appropriate, or 1000 TBq (27,000 curies), 
    whichever is less;
        (3) A shipment of packages containing fissile materials if the sum 
    of the transport indices of the individual packages exceeds 50; or
        (4) Transportation by special arrangement.
        (b) Each application for shipment approval not under special 
    arrangement must contain:
        (1) The period of time for which the approval is sought;
        (2) A description of the contents, the expected modes of 
    transportation, the type of conveyance to be used, and the proposed 
    route; and
        (3) An explanation of how the special precautions and special 
    administrative and operational controls referred to in the package 
    design certificates are to be put into effect.
        (c) Each application for shipment approval under special 
    arrangement must contain:
        (1) A statement of the reasons why the shipment cannot be made in 
    accordance with the applicable requirements; and
        (2) A statement of any special precautions or special 
    administrative or operational controls that will be used during 
    transport to ensure that the overall safety is at least equivalent to 
    that provided by the applicable requirements.
        (d) The packaging and shipment approvals may be combined into a 
    single approval issued in accordance with Secs. 173.471, 173.472 or 
    173.473.
        (e) Approval by competent authorities is not required for 
    packagings designed for materials covered by Secs. 173.421 through 
    173.428 or for Type A packagings designed for non-fissile Class 7 
    (radioactive) materials.
    
    
    Sec. 173.478  Notification to competent authorities for export 
    shipments.
    
        (a) Before the first export shipment of any packaging containing 
    fissile materials packages exceeding 15 grams, or Class 7 (radioactive) 
    materials exceeding A1 or A2, the offeror shall ensure that 
    copies of each applicable competent authority certificate issued in 
    accordance with Sec. 173.471, Sec. 173.472, or Sec. 173.473 have been 
    submitted to the competent authority of each country through which or 
    into which it is to be transported. Except as specified in 
    Sec. 173.477, the offeror is not required to await an acknowledgment 
    from the competent authority prior to shipping the Class 7 
    (radioactive) material, nor is the competent authority required to 
    acknowledge receipt of the certificate.
        (b) For each of the shipments described in this paragraph, the 
    offeror shall notify the competent authority of each country through 
    which or into which the shipment is to be transported. This 
    notification must be received by each competent authority at least 7 
    days before the shipment starts for the following:
        (1) Type B(U) packagings containing Class 7 (radioactive) materials 
    with an activity greater than 3  x  103 A1, 3  x  103 
    A2, as appropriate, or 1000 TBq (27,000 Curies), whichever is the 
    least;
        (2) Type B(M) packages; or
        (3) Transportation by special arrangements.
        (c) The offeror notification must include:
        (1) Sufficient information to enable the packaging to be 
    identified, including all applicable certificate numbers and 
    identification marks;
        (2) Information as to the date of shipment, the expected date of 
    arrival, and the proposed routing;
        (3) The name of the Class 7 (radioactive) material or nuclide;
        (4) A description of the physical and chemical form of the Class 7 
    (radioactive) material; and
        (5) The maximum activity of the Class 7 (radioactive) material, 
    except that for fissile material, the mass of fissile material may be 
    used instead of activity.
        (d) The offeror is not required to send a separate notification if 
    the required information has been included in the application for 
    shipment approval.
    
    PART 174--CARRIAGE BY RAIL
    
        24. The authority citation for Part 174 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        25. Sections 174.700 and 174.715 are revised and Sec. 174.705 is 
    added to read as follows:
    
    
    Sec. 174.700  Special handling requirements for Class 7 (radioactive) 
    materials.
    
        (a) Each rail shipment of low specific activity materials or 
    surface contaminated objects as defined in Sec. 173.403 of this 
    subchapter must be loaded so as to avoid spillage and scattering of 
    loose material. Loading restrictions are prescribed in Sec. 173.427 of 
    this subchapter. 
    
    [[Page 50332]]
    
        (b) The number of packages of Class 7 (radioactive) materials that 
    may be transported by rail or stored at any single location is limited 
    to a total transport index number (as defined in Sec. 173.403 of this 
    subchapter) of not more than 50. This provision does not apply to 
    exclusive use shipments as described in Secs. 173.403, 173.427, 
    173.441, and 173.457 of this subchapter.
        (c) Each package of Class 7 (radioactive) material bearing 
    RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III labels may not be 
    placed closer than 0.9 meter (3 feet) to an area (or dividing partition 
    between areas) which may be continuously occupied by any passenger, 
    rail employee, or shipment of one or more animals, nor closer than 4.5 
    meters (15 feet) to any package containing undeveloped film (if so 
    marked). If more than one package of Class 7 (radioactive) materials is 
    present, the distance must be computed from the table below on the 
    basis of the total transport index number (determined by adding 
    together the transport index numbers on the labels of the individual 
    packages) of packages in the rail car or storage area:
    
    ------------------------------------------------------------------------
                                             Minimum        Minimum distance
                                            separation         to area of   
                                           distance to         persons or   
                                             nearest        minimum distance
           Total transport index         undeveloped film    from dividing  
                                       -------------------   partition of a 
                                                            combination car 
                                         Meters     Feet  ------------------
                                                            Meters     Feet 
    ------------------------------------------------------------------------
    None..............................       0          0       0          0
    0.1 to 10.0.......................       4.5       15       0.9        3
    10.1 to 20.0......................       6.7       22       1.2        4
    20.1 to 30.0......................       7.7       29       1.5        5
    30.1 to 40.0......................      10         33       1.8        6
    40.1 to 50.0......................      10.9       36       2.1        7
    ------------------------------------------------------------------------
    Note: The distance in this table must be measured from the nearest point
      on the nearest packages of Class 7 (radioactive) materials.           
    
        (d) Each fissile material, controlled shipment must be transported 
    in accordance with one of the methods prescribed in Sec. 173.457 of 
    this subchapter. The transport controls must be adequate to assure that 
    no fissile material, controlled shipment is transported in the same 
    transport vehicle with any other fissile Class 7 (radioactive) material 
    shipment. In loading and storage areas, each fissile material, 
    controlled shipment must be segregated by a distance of at least 6 
    meters (20 feet) from other packages required to bear one of the 
    ``radioactive'' labels described in Part 172 of this subchapter.
        (e) A person shall not remain unnecessarily in, on or near a 
    transport vehicle containing Class 7 (radioactive) materials.
        (f) In the case of packages shipped under the exclusive use 
    provisions of Sec. 173.441(b) of this subchapter for packages with 
    external radiation levels in excess of 2 mSv per hour (200 mrem per 
    hour) at the package surface--
        (1) The transport vehicle must meet the requirements for a closed 
    transport vehicle (Sec. 173.403 of this subchapter);
        (2) Each package must be secured so that its position within the 
    transport vehicle remains fixed under conditions normally incident to 
    transportation; and
        (3) The radiation level may not exceed 0.02 mSv per hour (2 mrem 
    per hour) in any normally occupied position in the transport vehicle or 
    adjacent rail car.
    
    
    Sec. 174.705  Radiation protection program.
    
        Unless otherwise excepted, a carrier shall not transport a Class 7 
    (radioactive) material by rail unless each of its occupationally 
    exposed hazmat employees is under a radiation protection program that 
    complies with the requirements of subpart I of part 172 of this 
    subchapter.
    
    
    Sec. 174.715  Cleanliness of transport vehicles after use.
    
        (a) Each transport vehicle used for transporting Class 7 
    (radioactive) materials as exclusive use, as defined in Sec. 173.403 of 
    this subchapter, must be surveyed with appropriate radiation detection 
    instruments after each use. A transport vehicle may not be returned to 
    service until the radiation dose rate at any accessible surface is 
    0.005 mSv per hour (0.5 mrem per hour) or less, and there is no 
    significant removable radioactive surface contamination, as defined in 
    Sec. 173.443 of this subchapter.
        (b) This section does not apply to any transport vehicle used 
    solely for transporting Class 7 (radioactive) materials if a survey of 
    the interior surface shows that the radiation does rate does not exceed 
    0.1 mSv per hour (10 mrem per hour) at the interior surface or 0.02 mSv 
    per hour (2 mrem per hour) at 1 meter (3.3 feet) from any interior 
    surface. The transport vehicle must be stenciled with the words ``FOR 
    RADIOACTIVE MATERIALS USE ONLY'' in lettering at least 7.6 centimeters 
    (3 inches) high in a conspicuous place on both sides of the exterior of 
    the transport vehicle, and it must be kept closed at all times other 
    than during loading and unloading.
        26. In Sec. 174.750, paragraph (a) is revised to read as follows:
    
    
    Sec. 174.750  Incidents involving leakage.
    
        (a) In addition to the incident reporting requirements of 
    Secs. 171.15 and 171.16 of this subchapter, the carrier shall also 
    notify the offeror at the earliest practicable moment following any 
    incident in which there has been breakage, spillage, or suspected 
    radioactive contamination involving Class 7 (radioactive) materials 
    shipments. Transport vehicles, buildings, areas, or equipment in which 
    Class 7 (radioactive) materials have been spilled may not be again 
    placed in service or routinely occupied until the radiation dose rate 
    at every accessible surface is less than 0.005 mSv per hour (0.5 mrem 
    per hour) and there is no significant removable radioactive surface 
    contamination (see Sec. 173.443 of this subchapter).
    * * * * *
    
    PART 175--CARRIAGE BY AIRCRAFT
    
        27. The authority citation for Part 175 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        28. In Sec. 175.700, paragraphs (b) and (c) are revised to read as 
    follows: 
    
    [[Page 50333]]
    
    
    
    Sec. 175.700  Special limitations and requirements for Class 7 
    (radioactive) materials.
    
    * * * * *
        (b) In addition to the reporting requirements of Sec. 175.45, the 
    carrier shall also notify the offeror at the earliest practicable 
    moment following any incident in which there has been breakage, 
    spillage, or suspected radioactive contamination involving Class 7 
    (radioactive) materials shipments. Aircraft in which Class 7 
    (radioactive) materials have been spilled may not again be placed in 
    service or routinely occupied until the radiation dose rate at every 
    accessible surface is less than 0.005 mSv per hour (0.5 mrem per hour) 
    and there is no significant removable radioactive surface contamination 
    as determined in accordance with Sec. 173.443 of this subchapter. When 
    contamination is present or suspected, the package and/or materials it 
    has touched must be segregated as far as practicable from personnel 
    contact until appropriate radiological advice or assistance is 
    obtained. The Regional Office of the U.S. Department of Energy or 
    appropriate State or local radiological authorities can provide advice 
    or assistance, and should be notified in cases of obvious leakage, or 
    if it appears likely that the inside container may have been damaged. 
    For personnel safety, the carrier shall take care to avoid possible 
    inhalation, ingestion, or contact by any person with Class 7 
    (radioactive) materials that may have leaked or spilled from its 
    package. Any loose Class 7 (radioactive) materials and associated 
    packaging materials must be left in a segregated area pending disposal 
    instructions from responsible radiological authorities.
        (c) Except as provided in Secs. 173.4, 173.422 and 173.423 of this 
    subchapter, no person shall carry any Class 7 (radioactive) materials 
    aboard a passenger carrying aircraft unless that material is intended 
    for use in, or incident to research, medical diagnosis or treatment.
    * * * * *
        29. In Sec. 175.703, the introductory text of paragraph (c) and 
    paragraph (d) are revised to read as follows:
    
    
    Sec. 175.703  Other special requirements for the acceptance and 
    carriage of packages containing Class 7 (radioactive) materials.
    
    * * * * *
        (c) No person shall carry in an aircraft a fissile material 
    controlled shipment (as defined in Sec. 173.403 of this subchapter), 
    except--
    * * * * *
        (d) No person shall offer or accept for transportation, or 
    transport, byair--
        (1) Vented Type B(M) packages, packages which require external 
    cooling by an ancillary cooling system or packages subject to 
    operational controls during transport; or
        (2) Liquid pyrophoric Class 7 (radioactive) materials.
    * * * * *
        30. Sections 175.704 and 175.706 are added to read as follows:
    
    
    Sec. 175.704  Plutonium shipments.
    
        Shipments of plutonium by air which are subject to 10 CFR 
    71.88(a)(4) must comply with the following:
        (a) A plutonium package weighing less than 40 kg (88 lbs) and 
    having its height and diameter both less than 50 cm (19.7 in), must be 
    stowed aboard the aircraft on the main deck or the lower cargo 
    compartment in the aft-most location that is possible for cargo of its 
    size and weight. No other type of cargo may be stowed aft of a 
    plutonium package.
        (b) A plutonium package must be secured and restrained to prevent 
    shifting under normal transport. A plutonium package weighing 40 kg (88 
    lbs) or more must be securely cradled and tied down to the main deck of 
    the aircraft such that the tied down system is capable of providing 
    package restraint against the following inertial forces acting 
    separately relative to the deck of the aircraft: Upward, 2g; Forward, 
    9g; Sideward, 1.5g; Downward, 4.5g.
        (c) A plutonium package weighing less than 40 kg (88 lbs), and 
    having its height and diameter both less than 50 cm (19.7 in), may not 
    be transported aboard an aircraft carrying other cargo required to bear 
    an ``Explosive A'' or an ``Explosive 1.1'' label. Any other plutonium 
    package may not be transported aboard an aircraft carrying other cargo 
    bearing any of the following hazardous material labels: Explosive A; 
    Explosive B; Explosive C; Explosive 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6; 
    Spontaneously Combustible; Dangerous When Wet; Organic Peroxide; Non-
    Flammable Gas; Flammable Liquid; Flammable Solid; Flammable Gas; 
    Oxidizer; or Corrosive.
    
    
    Sec. 175.706  Radiation protection program.
    
        Unless otherwise excepted, a carrier shall not transport a Class 7 
    (radioactive) material by aircraft unless each of its occupationally 
    exposed hazmat employees is under a radiation protection program that 
    complies with the requirements of subpart I of part 172 of this 
    subchapter.
    
    PART 176--CARRIAGE BY VESSEL
    
        31. The authority citation for Part 176 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        32. In Sec. 176.700, paragraph (a) is removed and reserved and 
    paragraph (c) is revised to read as follows:
    
    
    Sec. 176.700  General stowage requirements.
    
        (a) [Reserved]
    * * * * *
        (c) Each fissile material, controlled shipment must be stowed in a 
    separate hold, compartment, or defined deck area and be separated by a 
    distance of at least six meters (20 feet) from all other RADIOACTIVE 
    YELLOW-II or YELLOW-III labeled packages.
    * * * * *
        33. Section 176.703 is added to read as follows:
    
    
    Sec. 176.703  Radiation protection program.
    
        Unless otherwise excepted, a carrier shall not transport a Class 7 
    (radioactive) material by vessel unless each of its occupationally 
    exposed hazmat employees is under a radiation protection program that 
    complies with the requirements of subpart I of part 172 of this 
    subchapter.
        33a. Section 176.704 is revised to read as follows:
    
    
    Sec. 176.704  Requirements relating to transport indexes.
    
        (a) The sum of the transport indexes for all packages of Class 7 
    (radioactive) materials on board a vessel may not exceed the limits 
    specified in Table III.
        (b) For packages in freight containers, the radiation level may not 
    exceed 2 mSv per hour (200 mrem per hour) at any point on the surface 
    and 0.1 mSv per hour (10 mrem per hour) at two meters (6.6 feet) from 
    the outside surface of the freight container.
        (c) The limitations specified in Table III do not apply to 
    consignments of LSA-I materials if the packages are marked 
    ``RADIOACTIVE LSA-I'' and no fissile Class 7 (radioactive) materials 
    are included in the shipment.
        (d) Each group of fissile packages must be separated from other 
    Class 7 (radioactive) material by a distance of at least six meters (20 
    feet) at all times.
        (e) The limitations specified in paragraphs (a) through (c) of this 
    section do not apply when the entire vessel is reserved or chartered 
    for use by a single offeror under exclusive use conditions if--
        (1) The number of fissile packages of Class 7 (radioactive) 
    materials aboard the vessel does not exceed the amount 
    
    [[Page 50334]]
    authorized in Sec. 173.451 through Sec. 173.459 of this subchapter; and
        (2) The entire shipment operation is approved by the Associate 
    Administrator for Hazardous Materials Safety in advance.
        (f) Table III is as follows:
    
                              Table III.--TI Limits for Freight Containers and Conveyances                          
    ----------------------------------------------------------------------------------------------------------------
                                               Limit on total sum of transport indexes in a single freight container
                                                                      or aboard a conveyance                        
                                             -----------------------------------------------------------------------
     Type of freight container or conveyance        Not under exclusive use               Under exclusive use       
                                             -----------------------------------------------------------------------
                                                 Non-fissile                         Non-fissile                    
                                                  material       Fissilematerial      material      Fissilemateriala
    ----------------------------------------------------------------------------------------------------------------
    Freight container--Small................  50..............  50..............  N/A.............  N/A.            
    Freight container--Large................  50..............  50..............  No limit........  100b.           
    Vesselc:                                                                                                        
    1. Hold, compartment or defined deck                                                                            
     area:                                                                                                          
        Packages, overpacks, small freight    50..............  50..............  No limit........  100b.           
         containers.                                                                                                
        Large freight containers............  200d............  50..............  No limit........  100b.           
    2. Total vessel:                                                                                                
        Packages, etc.......................  200d............  200d............  No limite.......  200e.           
        Large freight containers............  No limitd.......  No limitd.......  No limit........  No limitd.      
    ----------------------------------------------------------------------------------------------------------------
    a Provided that transport is direct from the consignor to the consignee without any intermediate in-transit     
      storage, where the total TI exceed 50.                                                                        
    b In cases in which the total TI is greater than 50, the consignment must be so handled and stowed so that it is
      always separated from any package, overpack, portable tank or freight container carrying Class 7 (radioactive)
      materials by at least 6 meters (20 feet).                                                                     
    c For vessels the requirements given in 1 and 2 must be fulfilled.                                              
    d Provided that the packages, overpacks, portable tanks or freight containers, as applicable, are stowed so that
      the total sum of the TI's in any group does not exceed 50, and that each group is handled and stowed so that  
      the groups are separate from each other by at least 6 meters (20 feet).                                       
    e Packages or overpacks carried in or on a transport vehicle which are offered for transport under the          
      provisions of Sec.  173.441(b) of this subchapter may be transported by vessel provided that they are not     
      removed from the vehicle at anytime while on board the vessel.                                                
    
        34. In Sec. 176.708, TABLE III is redesignated as TABLE IV, 
    paragraph (a) is revised and paragraphs (b) through (f) are added to 
    read as follows:
    
    
    Sec. 176.708  Segregation distance table.
    
        (a) Table IV applies to the stowage of packages of Class 7 
    (radioactive) materials on board a vessel with regard to transport 
    index numbers which are shown on the labels of individual packages.
        (b) RADIOACTIVE YELLOW-II or YELLOW-III labeled packages may not be 
    stowed any closer to living accommodations, regularly occupied working 
    spaces, spaces that may be continually occupied by any person (except 
    those spaces exclusively reserved for couriers specifically authorized 
    to accompany such packages), or undeveloped film than the distances 
    specified in TABLE IV.
        (c) Where only one consignment of a Class 7 (radioactive) material 
    is to be loaded on board a vessel under exclusive use conditions, the 
    appropriate segregation distance may be established by demonstrating 
    that the direct measurement of the radiation level at regularly 
    occupied working spaces and living quarters is less than 7.5 
    microsieverts per hour (0.75 mrem per hour).
        (d) More than one consignment may be loaded on board a vessel with 
    the appropriate segregation distance established by demonstrating that 
    direct measurement of the radiation level at regularly occupied working 
    spaces and living quarters is less than 7.5 microSieverts per hour 
    (0.75 mrem per hour), provided that:
        (1) The vessel has been chartered for the exclusive use of a 
    competent person specialized in the carriage of Class 7 (radioactive) 
    material; and
        (2) Stowage arrangements have been predetermined for the entire 
    voyage, including any Class 7 (radioactive) material to be loaded at 
    ports of call enroute.
        (e) The radiation level must be measured by a responsible person 
    skilled in the use of monitoring instruments.
        (f) Table IV is as follows:
    * * * * *
        35. Section 176.715 is revised to read as follows:
    
    
    Sec. 176.715  Contamination control.
    
        Each hold, compartment, or deck area used for the transportation of 
    low specific activity or surface contaminated object Class 7 
    (radioactive) materials under exclusive use conditions must be surveyed 
    with appropriate radiation detection instruments after each use. Such 
    holds, compartments, and deck areas may not be used again until the 
    radiation dose rate at every accessible surface is less than 5 
    microSieverts per hour (0.5 mrem per hour), and the removable (non-
    fixed) radioactive surface contamination is not greater than the limits 
    prescribed in Sec. 173.443 of this subchapter.
    
    PART 177--CARRIAGE BY PUBLIC HIGHWAY
    
        36. The authority citation for Part 177 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        37. Section 177.827 is added to subpart A to read as follows:
    
    
    Sec. 177.827  Radiation protection program.
    
        Unless otherwise excepted, a carrier shall not transport a Class 7 
    (radioactive) material by motor vehicle unless each of its 
    occupationally exposed hazmat employees is under a radiation protection 
    program that complies with the requirements of subpart I of part 172 of 
    this subchapter.
        38. Section 177.842 is revised to read as follows:
    
    
    Sec. 177.842  Class 7 (radioactive) material.
    
        (a) The number of packages of Class 7 (radioactive) materials in 
    any transport vehicle or storage location must be limited so that the 
    total transport index number does not exceed 50. The total transport 
    index of a group of packages and overpacks is determined by adding 
    together the transport index number on the labels on the individual 
    packages and overpacks in the group. This provision does not apply to 
    exclusive use shipments 
    
    [[Page 50335]]
    described in Secs. 173.441(b), 173.457, and 173.427 of this subchapter.
        (b) Packages of Class 7 (radioactive) material bearing 
    ``RADIOACTIVE YELLOW-II'' or ``RADIOACTIVE YELLOW-III'' labels may not 
    be placed in a transport vehicle, storage location or in any other 
    place closer than the distances shown in the following table to any 
    area which may be continuously occupied by any passenger, employee, or 
    animal, nor closer than the distances shown in the table to any package 
    containing undeveloped film (if so marked), and must conform to the 
    following conditions:
        (1) If more than one of these packages is present, the distance 
    must be computed from the following table on the basis of the total 
    transport index number determined by adding together the transport 
    index number on the labels on the individual packages and overpacks in 
    the vehicle or storeroom.
        (2) Where more than one group of packages is present in any single 
    storage location, a single group may not have a total transport index 
    greater than 50. Each group of packages must be handled and stowed not 
    closer than 6 meters (20 feet) (measured edge to edge) to any other 
    group. The following table is to be used in accordance with the 
    provisions of paragraph (b) of this section:
    
    ----------------------------------------------------------------------------------------------------------------
                             Minimum separation distance in meters (feet) to nearest undeveloped film     Minimum   
                                                   in various times of transit                          distance in 
                           --------------------------------------------------------------------------- meters (feet)
                                                                                                         to area of 
                                                                                                        persons, or 
                                                                                                          minimum   
     Total transport index                                                                              distance in 
                            Up to 2 hours    2-4 hours      4-8 hours      8-12 hours   Over 12 hours  meters (feet)
                                                                                                       from dividing
                                                                                                        partition of
                                                                                                           cargo    
                                                                                                        compartments
    ----------------------------------------------------------------------------------------------------------------
    None..................  0.0 (0)......  0.0 (0)......  0.0 (0)......  0.0 (0)......   0.0 (0).....  0.0 (0)      
    0.1 to 1.0............  0.3 (1)......  0.6 (2)......  0.9 (3)......  1.2 (4)......   1.5 (5).....  0.3 (1)      
    1.1 to 5.0............  0.9 (3)......  1.2 (4)......  1.8 (6)......  2.4 (8)......   3.4 (11)....  0.6 (2)      
    5.1 to 10.0...........  1.2 (4)......  1.8 (6)......  2.7 (9)......  3.4 (11).....   4.6 (15)....  0.9 (3)      
    10.1 to 20.0..........  1.5 (5)......  2.4 (8)......  3.7 (12).....  4.9 (16).....   6.7 (22)....  1.2 (4)      
    20.1 to 30.0..........  2.1 (7)......  3.0 (10).....  4.6 (15).....  6.1 (20).....   8.8 (29)....  1.5 (5)      
    30.1 to 40.0..........  2.4 (8)......  3.4 (11).....  5.2 (17).....  6.7 (22).....  10.1 (33)....  1.8 (6)      
    40.1 to 50.0..........  2.7 (9)......  3.7 (12).....  5.8 (19).....  7.3 (24).....  11.0 (36)....  2.1 (7)      
    ----------------------------------------------------------------------------------------------------------------
    Note: The distance in this table must be measured from the nearest point on the nearest packages of Class 7     
      (radioactive) material.                                                                                       
    
        (c) Shipments of low specific activity materials and surface 
    contaminated objects, as defined in Sec. 173.403 of this subchapter, 
    must be loaded so as to avoid spillage and scattering of loose 
    materials. Loading restrictions are set forth in Sec. 173.427 of this 
    subchapter.
        (d) Packages must be so blocked and braced that they cannot change 
    position during conditions normally incident to transportation.
        (e) Persons should not remain unnecessarily in a vehicle containing 
    Class 7 (radioactive) materials.
        (f) Each fissile material, controlled shipment (as defined in 
    Sec. 173.403 of this subchapter) must be transported in accordance with 
    one of the methods prescribed in Sec. 173.457 of this subchapter. The 
    transport controls must be adequate to assure that no fissile material, 
    controlled shipment is transported in the same transport vehicle with 
    any other fissile Class 7 (radioactive) material shipment. In loading 
    and storage areas each fissile material, controlled shipment must be 
    segregated by a distance of at least 6 meters (20 feet) from any other 
    package required to bear one of the ``Radioactive'' labels described in 
    Sec. 172.403 of this subchapter.
        (g) For shipments transported under exclusive use conditions the 
    radiation dose rate may not exceed 0.02 mSv per hour (2 mrem per hour) 
    in any position normally occupied in the motor vehicle. For shipments 
    transported as exclusive use under the provisions of Sec. 173.441(b) of 
    this subchapter for packages with external radiation levels in excess 
    of 2 mSv (200 mrem per hour) at the package surface, the motor vehicle 
    must meet the requirements of a closed transport vehicle (Sec. 173.403 
    of this subchapter). The total transport index for packages containing 
    fissile material may not exceed 100.
        39. In Sec. 177.843, paragraphs (a) and (b) are revised to read as 
    follows:
    
    
    Sec. 177.843  Contamination of vehicles.
    
        (a) Each motor vehicle used for transporting Class 7 (radioactive) 
    materials under exclusive use conditions in accordance with 
    Sec. 173.427(b)(3) or (c) or Sec. 173.443(c) of this subchapter must be 
    surveyed with radiation detection instruments after each use. A vehicle 
    may not be returned to service until the radiation dose rate at every 
    accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less 
    and the removable (non-fixed) radioactive surface contamination is not 
    greater than the level prescribed in Sec. 173.443(a) of this 
    subchapter.
        (b) This section does not apply to any vehicle used solely for 
    transporting Class 7 (radioactive) material if a survey of the interior 
    surface shows that the radiation dose rate does not exceed 0.1 mSv per 
    hour (10 mrem per hour) at the interior surface or 0.02 mSv per hour (2 
    mrem per hour) at 1 meter (3.3 feet) from any interior surface. These 
    vehicles must be stenciled with the words ``For Radioactive Materials 
    Use Only'' in lettering at least 7.6 centimeters (3 inches) high in a 
    conspicuous place, on both sides of the exterior of the vehicle. These 
    vehicles must be kept closed at all times other than loading and 
    unloading.
    * * * * *
        40. In Sec. 177.861, paragraph (a) is revised and Notes 1 and 2 are 
    removed as follows:
    
    
    Sec. 177.861  Accidents; Class 7 (radioactive) materials.
    
        (a) In addition to the incident reporting requirements of 
    Secs. 171.15 and 171.16 of this subchapter, the carrier shall also 
    notify the offeror at the earliest practicable moment following any 
    incident in which there has been breakage, spillage, or suspected 
    
    [[Page 50336]]
    radioactive contamination involving Class 7 (radioactive) materials 
    shipments. Vehicles, buildings, areas, or equipment in which Class 7 
    (radioactive) materials have been spilled may not be again placed in 
    service or routinely occupied until the radiation dose rate at every 
    accessible surface is less than 0.005 mSv per hour (0.5 mrem per hour) 
    and there is no significant removable radioactive surface contamination 
    (see Sec. 173.443 of this subchapter).
    * * * * *
    
    PART 178--SPECIFICATIONS FOR PACKAGINGS
    
        41. The authority citation for Part 178 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        42. Section 178.350 is revised to read as follows:
    
    
    Sec. 178.350-1  Specification 7A; general packaging, Type A.
    
        (a) Each packaging must meet all applicable requirements of subpart 
    B of Part 173 of this subchapter and be designed and constructed so 
    that it meets the requirements of Secs. 173.403, 173.410, 173.412, 
    173.415 and 173.465 of this subchapter for Type A packaging.
        (b) Each Specification 7A packaging must be marked on the outside 
    ``USA DOT 7A Type A'' and ``Radioactive Material.''
    
    
    Secs. 178.350-1 through 178.350-3  [Removed]
    
        43. Sections 178.350-1, 178.350-2, and 178.350-3 are removed.
    
        Issued in Washington, DC on August 30, 1995, under authority 
    delegated in 49 CFR Part 1.
    Ana Sol Gutierrez,
    Deputy Administrator, Research and Special Programs Administration.
    [FR Doc. 95-22773 Filed 9-27-95; 8:45 am]
    BILLING CODE 4910-60-P
    
    

Document Information

Published:
09/28/1995
Department:
Research and Special Programs Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-22773
Dates:
Effective date. The effective date of these amendments is April 1, 1996.
Pages:
50292-50336 (45 pages)
Docket Numbers:
Docket No. HM-169A, Amdt. Nos. 171-135, 172-143, 173-244, 174-80, 175- 53, 176-37, 177-85, 178-109
RINs:
2137-AB60
PDF File:
95-22773.pdf
CFR: (111)
49 CFR 173.424(a)
10 CFR 173.461(a)
10 CFR 173.421(a)(1)
10 CFR 173.443(a)
10 CFR 173.427(b)(3)
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