49 C.F.R. § 173.448

General transportation requirements

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(a) Each shipment of Class 7 (radioactive) materials must be secured to prevent shifting during normal transportation conditions.

(b) Except as provided in §§ 174.81, 176.83, and 177.848 of this subchapter, or as otherwise required by the Competent Authority in the applicable certificate, a package or overpack 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 or overpack 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 or overpacks bearing labels prescribed in § 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 § 173.459.

(e) No person shall offer for transportation or transport aboard a passenger-carrying aircraft any single package or 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 or to enclose a single package of Class 7 (radioactive) materials, the package(s) must comply with the packaging, marking, and labeling requirements of this subchapter, and:

(1) The overpack must be labeled as prescribed in § 172.403(h) of this subchapter;

(2) The overpack must be marked as prescribed in subpart D of part 172 of this subchapter and § 173.25(a); and

(3) The transport index of the overpack may not exceed 3.0 for passenger-carrying aircraft shipments, or 10.0 for cargo-aircraft shipments.

[69 FR 3691, Jan. 26, 2004]

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: United States v. Gordon Finlay, United States of Am. v. Finlay Testing Labs., Inc., 55 F.3d 1410 (9th Cir. 1995).

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United States v. Gordon Finlay, United States of Am. v. Finlay Testing Labs., Inc., 55 F.3d 1410 (9th Cir. 1995). “§ 1809(b); 49 C.F.R. § 173.448 (f). Compliance with the law meant that FTL had to ship its sources by barge with the result that they were tied up for a week on jobs on Hawaiian islands other than Oahu and even longer when the sources were used on a military base being…”

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