[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]




[[Page 50291]]

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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. 

[[Page 50293]]

    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, 

[[Page 50294]]
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, 

[[Page 50295]]
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 

[[Page 50296]]
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  
   H/X<=3\1\         10                10 <= H/X    index      material 
                             H/X<= 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      H/X<=3     H/X=0      H/X=0      H/X<=3                 control  
                                                                                                                                               shipment 
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.5....................................        0.5        0.5        1.6        1.6        1.6      9 0.9      9 0.9       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