(A) Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this chapter or included indirectly by citation of 49 C.F.R. chapter I (as published in the October 1, 2014 Code of Federal 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:
(1) The plutonium is contained in a medical device designed for individual human application; or
(2) The plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in table 25-2 in appendix B to rule 3701:1-50-25 of the Administrative Code, and in which the radioactivity is essentially uniformly distributed; or
(3) 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 rule 3701:1-50-05 of the Administrative Code; or
(4) The plutonium is shipped in a package specifically authorized for the shipment of plutonium by air in the CoC for that package issued by the United States nuclear regulatory commission.
(B) Nothing in paragraph (A) of this rule is to be interpreted as removing or diminishing the requirements of 10 C.F.R. 73.24 (as published in the January 1, 2014 Code of Federal Regulations).
(C) For a shipment of plutonium by air which is subject to paragraph (A)(4) of this rule, the licensee shall, through special arrangement with the carrier, require compliance with 49 C.F.R. 175.704 (as published in the October 1, 2014 Code of Federal Regulations), DOT regulations applicable to the air transport of plutonium.
Five Year Review (FYR) Dates: 11/27/2015 and 11/15/2020
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/19/2001, 10/22/06, 9/1/11