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]