[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.403]

[Page 597-602]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
 
               Subpart I--Class 7 (Radioactive) Materials
 
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

[[Page 598]]

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 m (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.
    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

[[Page 599]]

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/L (20.0 Ci/
liter); or
    (ii) Material in which the Class 7 (radioactive) material is 
distributed throughout 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 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 
2x10-\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

[[Page 600]]

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:

    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 or article means any manufactured instrument 
or article such as an instrument, clock, electronic tube or apparatus, 
or similar instrument or 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 
mm (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

[[Page 601]]

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 1 
m (3.3 feet) from the external surface of the package by 100 (equivalent 
to the maximum radiation level in millirem per hour at 1 m (3.3 feet)); 
or
    (2) For fissile material packages, the number determined by 
multiplying the maximum radiation level in milliSievert per hour at 1 m 
(3.3 feet) from any external surface of the package by 100 (equivalent 
to the maximum radiation level in millirem per hour at 1 m (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

[[Page 602]]

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.

[Amdt. 173-244, 60 FR 50307, Sept. 28, 1995, as amended by Amdt. 173-
244, 61 FR 20750, May 8, 1996; 63 FR 52849, Oct. 1, 1998; 65 FR 58630, 
Sept. 29, 2000; 66 FR 45380, 45383, Aug. 28, 2001]