10 C.F.R. PART 871—AIR TRANSPORTATION OF PLUTONIUM
Title 10 - Energy
Authority: Pub. L. 94–187, 88 Stat. 1077, 1078 (42 U.S.C. 2391 et seq.); Energy Reorganization Act, Pub. L. 93–438, 88 Stat. 1233 (42 U.S.C. 5801 et seq.); secs. 2, 3, 91, 123, and 161 of the Atomic Energy Act of 1954, as amended.
Source: 42 FR 48332, Sept. 23, 1977, unless otherwise noted.
(a) The following DOE air shipments of plutonium are considered as being made for the purposes of national security within the meaning of section 502(2) of Public Law 94–187: (1) Shipments made in support of the development, production, testing, sampling, maintenance, repair, modification, or retirement of atomic weapons or devices; (2) Shipments made pursuant to international agreements for cooperation for mutual defense purposes; and (3) Shipments necessary to respond to an emergency situation involving a possible threat to the national security. (b) The Managers of DOE's Albuquerque, San Francisco, Oak Ridge, Savannah River, and Nevada Operations Offices may authorize air shipments falling within paragraph (a)(1) of this section, on a case-by-case basis: Provided, That the matter falls within their respective scopes of responsibility and that they determine such shipment is required to be made by aircraft either because: (1) The delay resulting from using ground transportation methods would have serious adverse impact upon a national security requirement; (2) Safeguards or safety considerations dictate the use of air transportation; (3) The nature of the item to be shipped necessitates the use of air transportation in order to avoid possible damage which may be expected from other available transportation environments; or (4) The nature of the item being shipped necessitates rapid shipment by air in order to preserve the chemical, physical, or isotopic properties of the item. They may also authorize air shipments falling within paragraph (a)(2) of this section in all cases since the inherent time delays of surface transportation for such shipments are considered unacceptable. They may also authorize air shipments falling within paragraph (a)(3) of this section in cases where failure to make shipments by air could jeopardize the national security of the United States. The Managers of DOE's Albuquerque, San Francisco, Oak Ridge, Savannah River, Nevada, Chicago, Idaho, and Richland Operations Offices may authorize, on a case-by-case basis, DOE air shipments of plutonium where they determine that rapid shipment by air is required to respond to an emergency situation involving possible loss of life, serious personal injuries, considerable property damage, or other significant threat to the public health and safety. Determinations made by the authorizing officials pursuant to these rules shall be matters of record. Such authorizations shall be reported to the Assistant Administrator for National Security within twenty-four hours after authorization is granted. The authority delegated in this part may not be redelegated without the prior approval of the Assistant Administrator for National Security.
Title 10: Energy
PART 871—AIR TRANSPORTATION OF PLUTONIUM
Section Contents
§ 871.1 National security exemption.
§ 871.2 Public health and safety exemption.
§ 871.3 Records.
§ 871.4 Limitation on redelegation of authority.
§ 871.1 National security exemption.
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§ 871.2 Public health and safety exemption.
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§ 871.3 Records.
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§ 871.4 Limitation on redelegation of authority.
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