49 CFR Part 173 Subpart I – Class 7 Radioactive Materials

YEAR
2026
DOCUMENT TYPE
GEOGRAPHY

Document Summary

49 C.F.R. Part 173, Subpart I is a binding federal regulation issued by the U.S. Department of Transportation (DOT). It governs how radioactive materials (Class 7), including spent nuclear fuel, must be packaged, handled, and transported across the United States.

This rule is part of the federal Hazardous Materials Regulations, which apply to anyone who ships or carries dangerous materials, including private companies and federal contractors. It works alongside Nuclear Regulatory Commission (NRC) rules for certifying transport containers.

Subpart I sets strict, enforceable requirements for moving radioactive waste:

  • It requires that all shipments use approved packaging designs capable of withstanding accidents, impacts, and environmental exposure.
  • It mandates quality control and inspection procedures before each shipment to ensure containers are properly built, tested, and maintained.
  • It establishes rules for special materials, export shipments, and foreign-made containers, ensuring they meet U.S. safety standards.
  • It applies to both shippers and carriers, making them legally responsible for compliance during transport.

Because this is federal law, violations can result in civil penalties, enforcement actions, or shipment shutdowns.

WHY THIS MATTERS

49 CFR Part 173 Subpart I governs how nuclear waste travels through communities, not just where it is stored. For Protect the Basin, the concern is that West Texas and southeastern New Mexico could become central transit routes without having meaningful control over that decision. Federal law prioritizes uniform transportation standards over local authority, raising questions about who bears the risk. Understanding this regulation is key to understanding how nuclear waste could move through the region for decades.

Key Excerpts

“Radioactive materials (Class 7) must be prepared for shipment in accordance with the requirements of this subpart.” – Page 1

“Each package must be designed and prepared so that radiation levels do not exceed prescribed limits.” – Page 2

“Proper shipping papers, marking, and labeling are required for all hazardous materials shipments.” – Page 3

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CITATION

49 C.F.R. § 173 Subpart I – Class 7 (Radioactive) Materials, U.S. Department of Transportation (PHMSA).

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