Chapter II ICC REGULATIONS GOVERNING THE TRANSPORTATION OF RADIOACTIVE MATERIALS The transportation of radioactive materials moving in interstate commerce by rail, water or by public highway (except in U. S. mail) is regulated by the Interstate Commerce Commission. Some states extend the ICC regulations to intrastate transportation. In addition, local authorities may impose additional limitations upon the transportation of radioactive materials, as in the case of their movement through tunnels or within port areas. The Interstate Commerce Regulations covering the Transportation of Explosives and Other Dangerous Articles include eight parts of Title 49 of the Code of Federal Regulations, as follows: Part 71.-General Information and Regulations. Part 72.-Commodity List of Explosives and Other Dangerous Part 73.-Regulations Applying to Shippers. Part 74.-Regulations Applying Particularly to Carriers by Rail Freight. Part 75.-Regulations Applying to Carriers by Rail Express . Service . Part 77.-Regulations Applying to Shipments Made by Way of Part 78.-Shipping Container Specifications. This chapter is concerned primarily with regulations directly applicable to the shipper of radioactive materials. Regulations of particular interest, including all of the regulations in Part 73 applying specifically to radioactive materials, are excerpted below. Some excerpts are followed by comments intended to facilitate the interpretation or the application of the regulations to which the comments refer. The inclusion of these comments gives them no regulatory status except as they are related to AEC operations. Limitations on the nature of these comments are set forth in greater detail on page 1, Chapter I. In addition to a limited number of excerpts from Parts 71-72 and Parts 74-77, comments on some of the provisions of these parts are given in Chapter VI. Specifications for shipping containers, given in Part 78, prescribed by these regulations, are not excerpted. In this Handbook, excerpts from the regulations of the Interstate Commerce Commission and of other Federal agencies are distinguished from comments on these regulations by subparagraphs and indentation.* Omissions from a paragraph are represented by "...", and omission of one or more paragraphs of a section is represented by "******". Omission of entire sections is not, in general, indicated. Part 71.-General Information and Regulations 71.1. Plan of the regulations in Parts 71–78: (a) Regulations in Parts 71-78 cover preparation of explosives and other dangerous articles for transportation by common carriers by rail freight, rail express, rail baggage, highway or water, construction of containers, packing, weight, marking, labeling when required, billing and shipper's certificate of compliance with these regulations; also cars, loading, storage, billing, placarding, and movement thereof by carriers by rail. (b) Regulations for equipment and operation of motor vehicles on the highways are published in separate issue of the Commission. 71.2. Act of Congress: (a) Section 834, Title 18 of the United States Code, approved June 25, 1948 (Pub. Law 772, 80th Cong.), provides that whoever knowingly delivers to any common carrier engaged in interstate or foreign commerce by land or water, or carries upon any car or vehicle operated by any common carrier engaged in interstate or foreign commerce by land, any explosive or other dangerous article specified in section 832, under any false or deceptive marking, description, invoice, shipping order or declaration, or without informing the agent of such carrier, in writing, of the true character thereof, or does not plainly mark on the outside of every package containing explosives or other dangerous articles the contents thereof, shall be fined or imprisoned, or both, as provided in this act. 71.3. Changes in the regulations, shippers by rail, highway, and water, and carriers by rail and highway: (a) Section 835 of the act of June 25, 1948, authorizes the Commission to formulate regulations for the safe transportation of explosives and other dangerous articles and either upon its own motion, or upon application by any interested party, to make changes or modifications in such regulations, made desirable by new information or altered conditions. It further provides that in the execution of sections 831-835 of the Act the Commission may utilize the services of the Bureau for the Safe Transportation of Explosives *Revised May 3, 1955. and other Dangerous Articles (hereinafter called Bureau of Explosives). The Bureau of Explosives will make inspections and conduct investigations and will confer with manufacturers and shippers with a view to determining what regulations will within reasonable limits afford the highest degree of safety in preparing and packing explosives and other dangerous articles for transportation by carriers by rail, highway, or water. The Commission will give due weight to the expert opinions thus obtained. Reports of these investigations will be made to the Commission with recommendations. (b) Specifications for shipping containers, methods of packing for shipment, and other regulations will be considered and prescribed from time to time by orders effective as conditions may appear to warrant. 71.6. Approved changes; notice: (a) The act of June 25, 1948, requires that notice of 90 days after formulation and publication should be given of the effective date of new or modified regulations, unless a shorter time is authorized by the Commission. The authority to establish amended regulations upon less than 90 days' notice will be exercised only in instances where special and peculiar circumstances or conditions fully justify it. 71.7. Public hearings: (a) Public hearings concernings regulations contained in Parts 71-78 will be held by the Commission at sufficiently frequent intervals. At these hearings evidence may be introduced in favor of proposed changes or additions and protest against the adoption thereof will also be heard. Final action also may be taken by the Commission without hearing, following 20 days' notice by the Commission of proposed changes or additions, or without such notice, as conditions appear to warrant. 71.11. Transportation by carriers by water: (a) When the transportation of a shipment involves movement by carrier by water, the applicable provisions of Parts 71-78 must be observed by the shipper. 71.12. Export shipments by domestic carriers by rail and motor vehicles: (a) Explosives and other dangerous articles authorized to be exported from the United States when packed, marked, labeled, and described, in accordance with rules and regulations in force at destination ports, must not be offered to any common carrier by rail or motor vehicle for domestic transportation unless in full accordance with the regulations in Parts 71-78. (b) Except for the requirements of 77.817 and 77.823, the provisions of Parts 71-78 do not apply to such transportation by motor vehicle or water as may be necessary to effect transfer of export shipments from place of shipment to other places within the same port area or delivery to a water carrier within the same port area (including contiguous harbors). Further transportation of such export shipments by connecting water carrier shall be subject to the regulations prescribed by the Commandant of the Coast Guard. Part 72.-Commodity List of Explosives and Other Dangerous Articles Containing the Shipping Name or Description of All Articles Subject to Parts 71-78 72.1. Proper shipping name: (a) The proper shipping name which must be used and shown on outside shipping containers appears [in the commodity list, 72.5] in roman type (not italics). . . . The words between brackets above do not appear in the ICC regulations. 72.3. Labels required and prohibited articles: (a) Section 72.5 of this part also shows the kind of label when required on shipments of explosives and other dangerous articles and the articles which are prohibited for transportation. Section 72.5, referred to in 72.3, is a list of explosives and other dangerous articles to which the regulations of Parts 71-78 apply. Items are listed in alphabetical order and for each item there is given the proper shipping name, the class of hazard, cross references to sections specifying exemptions and packing, color of label required if not exempt, and maximum quantity in one outside container for shipment by rail express. All radioactive materials are classed as poison, class D, and are properly shipped as "radioactive materials." Blue or red label is required, as specified in section 73.414. Part 73.-Regulations Applying to Shippers 73.1. Purpose of the regulations in Parts 71-78: (a) To promote the uniform enforcement of law and to minimize the dangers to life and property incident to the transportation of explosives and other dangerous articles by common carriers engaged in interstate or foreign commerce, the regulations in Parts 71–78 are prescribed to define these articles for transportation purposes, to state the precautions that must be observed by the shipper in preparing them for shipment by rail freight, rail express, rail baggage, highway, or by carrier by water. It is the duty of each such shipper to make the prescribed regulations effective and to thoroughly instruct employees in relation thereto. Except as otherwise specified, each of the regulations given in Part 73 is applicable to articles prepared for shipment by any of the modes of transportation named in paragraph 73.1 (a). (b) Explosives and other dangerous articles may be offered to carriers for transportation provided the articles are in proper condition for transportation, are as defined, and are packed, marked, labeled, described, certified, and otherwise as provided for in Parts 71-78 for acceptable articles for transportation by rail freight, rail express, rail baggage, highway, or water. Articles must be loaded and stayed according to regulations in Parts 71-78 applying to carriers by rail. Methods of manufacture, packing, and storage, insofar as they affect safety in transportation, must be open to inspection by a duly authorized representative of the initial carrier or of the Bureau of Explosives. Shipments that do not comply with the regulations in Parts 71-78 must not be offered for transportation. 73.2. Classification; dangerous articles: (a) Dangerous articles other than explosives having more than one hazardous characteristic, as defined by the regulations in Parts 71-78 must be classified according to the greatest hazard present, except those articles which are also poisons, class A, or class D, which must be classified according to both dangerous characteristics as defined herein. This applies to all radioactive materials (i. e., poisons, class D) which have also another "hazardous" characteristic, unless exempt from specification packing, marking, and labeling under the provisions of 73.392. An example is radioactive metallic sodium which is classed also as a flammable solid. If the radioactivity exceeds that specified in 73.392 (a) (2), it is subject both to the regulations applying to radioactive materials and to flammable solids. (No quantity of metallic sodium is exempt from specification packing, marking, and labeling as a flammable solid. See 72.5 and 73.206 for details.) 73.402 (a) (2) provides that such a package shall carry both the appropriate radioactive materials warning label specified in 73.414 and the yellow warning label for a flammable solid specified in 73.406. A similar situation exists in the case of radioactive sodium alloy. Other examples of materials to which 73.2 may be applicable are powdered thorium metal (see 73.226) and tritium gas. While no quantity of powdered thorium metal is exempt from specification packing, marking and labeling as a flammable solid, because of its low activity, a sizable quantity (the magnitude of which depends upon the interpretation of 73.392 (a) (2)) is exempt from specification labeling as a radioactive material. 73.7. United States Government shipments: (a) Shipments of explosives or other dangerous articles offered by or consigned to the Departments of the Army, Navy, and Air |