---
kind: "section"
citation: "49 C.F.R. § 173.428"
title: "49"
number: "173.428"
heading: "Empty Class 7 (radioactive) materials packaging."
url: "https://uscodex.org/cfr/49/173.428"
---

# §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 excepted from the shipping paper and marking (except for the UN identification number marking requirement described in [§ 173.422(a)](/cfr/49/173.422.md?p=a)) requirements of this subchapter, provided that—

- (a) The packaging meets the requirements of § [173.421 (b)](/cfr/49/173.421.md?p=b), [(c)](/cfr/49/173.421.md?p=c), and [(e)](/cfr/49/173.421.md?p=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) The outer surface of any uranium or thorium in its structure is covered with an inactive sheath made of metal or some other substantial material;
- (d) Internal contamination does not exceed 100 times the limits in [§ 173.443(a)](/cfr/49/173.443.md?p=a);
- (e) Any labels previously applied in conformance with [subpart E of part 172](/cfr/49/part172-subpartE.md) of this subchapter are removed, obliterated, or covered and the “Empty” label prescribed in [§ 172.450](/cfr/49/172.450.md) of this subchapter is affixed to the packaging; and
- (f) The packaging is prepared for shipment as specified in [§ 173.422](/cfr/49/173.422.md).

## Notes

### Amendments

[Amdt. 173-244, 60 FR 50307, Sept. 28, 1995, as amended by Amdt. 173-244, 61 FR 20752, May 8, 1996; 64 FR 51919, Sept. 27, 1999; 69 FR 3677, Jan. 26, 2004; 80 FR 72928, Nov. 23, 2015]

### Source

Source: Amdt. 173-244, 60 FR 50307, Sept. 28, 1995, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97.

### Amendments

[Amdt. 173-244, 60 FR 50307, Sept. 28, 1995, as amended by Amdt. 173-244, 61 FR 20752, May 8, 1996; 64 FR 51919, Sept. 27, 1999; 69 FR 3677, Jan. 26, 2004; 80 FR 72928, Nov. 23, 2015]