105 CMR, § 120.787

Current through Register 1537, December 20, 2024
Section 120.787 - Air Transport of Plutonium

Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in 105 CMR 120.770 or included indirectly by citation of the U.S. Department of Transportation regulations, as may be applicable, the licensee shall assure that plutonium in any form, whether for import, export, or domestic shipment, is not transported by air, or delivered to a carrier for air transport, unless:

(A) The plutonium is contained in a medical device designed for individual human application;
(B) The plutonium is contained in a material in which the specific activity is not greater than or equal to the activity concentration values for plutonium specified in 105 CMR 120.798: Appendix A, Table A-2, and in which the radioactivity is essentially uniformly distributed;
(C) The plutonium is shipped in a single package containing no more than an A2 quantity of plutonium in any isotope or form and is shipped in accordance with 105 CMR 120.774;
(D) The plutonium is shipped in a package specifically authorized (in the Certificate of Compliance issued by the Nuclear Regulatory Commission for that package) for the shipment of plutonium by air; or
(E) For a shipment of plutonium by air which is subject to 105 CMR 120.787(D), the licensee shall, through special arrangement with the carrier, require compliance with 49 CFR 175.704, U.S. Department of Transportation regulations applicable to the air transport of plutonium.
(F) Nothing in 105 CMR 120.787 is to be interpreted as removing or diminishing the requirements of 10 CFR 73.24.

105 CMR, § 120.787

Amended by Mass Register Issue 1307, eff. 2/26/2016.
Amended by Mass Register Issue 1373, eff. 9/7/2018.