[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
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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]