49 CFR § 173.428 - Empty Class 7 (radioactive) materials packaging.

---
identifier: "/us/cfr/t49/s173.428"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 173.428 - Empty Class 7 (radioactive) materials packaging."
title_number: 49
title_name: "Transportation"
section_number: "173.428"
section_name: "Empty Class 7 (radioactive) materials packaging."
chapter_name: "PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "C"
subchapter_name: "HAZARDOUS MATERIALS REGULATIONS"
part_number: "173"
part_name: "SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97."
cfr_part: "173"
---


# 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)) requirements of this subchapter, provided that—

(a) The packaging meets the requirements of § 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) 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);

(e) 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 § 172.450 of this subchapter is affixed to the packaging; and

(f) The packaging is prepared for shipment as specified in § 173.422.

[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]