(ii) the calculated CSI shall be rounded up to the
first decimal place.
(j) Assumptions as to unknown properties. When the
isotopic abundance, mass, concentration, degree of irradiation, degree
of moderation, or other pertinent property of fissile material in
any package is not known, the licensee shall package the fissile material
as if the unknown properties have credible values that will cause
the maximum neutron multiplication.
(k) Preliminary determinations. Before the first use
of any packaging for the shipment of licensed material the licensee
shall ascertain that the determinations have been made in accordance
with Title 10, CFR, §71.85.
(l) Routine determinations. Before each shipment of
radioactive material, the licensee shall ensure that the package with
its contents satisfies the applicable requirements of this section
and of the license. The licensee shall determine that:
(1) the package is proper for the contents to be shipped;
(2) the package is in unimpaired physical condition
except for superficial defects such as marks or dents;
(3) each closure device of the packaging, including
any required gasket, is properly installed, secured, and free of defects;
(4) any system for containing liquid is adequately
sealed and has adequate space or other specified provision for expansion
of the liquid;
(5) any pressure relief device is operable and set
in accordance with written procedures;
(6) the package has been loaded and closed in accordance
with written procedures;
(7) for fissile material, any moderator or neutron
absorber, if required, is present and in proper condition;
(8) any structural part of the package that could be
used to lift or tie down the package during transport is rendered
inoperable for that purpose, unless it satisfies the design requirements
of Title 10, CFR, §71.45;
(9) the level of non-fixed (removable) radioactive
contamination on the external surfaces of each package offered for
shipment is as low as reasonably achievable (ALARA), and within the
limits specified in DOT regulations in Title 49, CFR, §173.443;
(10) external radiation levels around the package and
around the vehicle, if applicable, will not exceed the following limits
at any time during transportation:
(A) Except as provided in subparagraph (B) of this
paragraph, each package of radioactive materials offered for transportation
shall be designed and prepared for shipment so that under conditions
normally incident to transportation the radiation level does not exceed
2 mSv/hr (200 mrem/hr) at any point on the external surface of the
package, and the transport index does not exceed 10.
(B) A package that exceeds the radiation level limits
specified in subparagraph (A) of this paragraph shall be transported
by exclusive use shipment only, and the radiation levels for such
shipment shall not exceed the following during transportation:
(i) 2 mSv/hr (200 mrem/hr) on the external surface
of the package, unless the following conditions are met, in which
case the limit is 10 mSv/hr (1,000 mrem/hr):
(I) the shipment is made in a closed transport vehicle;
(II) the package is secured within the vehicle so that
its position remains fixed during transportation; and
(III) there are no loading or unloading operations
between the beginning and end of the transportation;
(ii) 2 mSv/hr (200 mrem/hr) at any point on the outer
surface of the vehicle, including the top and underside of the vehicle;
or in the case of a flat-bed style vehicle, at any point on the vertical
planes projected from the outer edges of the vehicle, on the upper
surface of the load or enclosure, if used, and on the lower external
surface of the vehicle; and
(iii) 0.1 mSv/hr (10 mrem/hr) at any point 2 meters
(m) (6.6 feet (ft)) from the outer lateral surfaces of the vehicle
(excluding the top and underside of the vehicle); or in the case of
a flat-bed style vehicle, at any point 2 m (6.6 ft) from the vertical
planes projected by the outer edges of the vehicle (excluding the
top and underside of the vehicle); and
(iv) 0.02 mSv/hr (2 mrem/hr) in any normally occupied
space, except that this provision does not apply to private carriers,
if exposed personnel under their control wear radiation dosimetry
devices in conformance with §289.202(q) of this title.
(C) For shipments made in accordance with the provisions
of subparagraph (B) of this paragraph, the shipper shall provide specific
written instructions to the carrier for maintenance of the exclusive
use shipment controls. The instructions shall be included with the
shipping paper information.
(D) The written instructions required for exclusive
use shipments shall be sufficient so that, when followed, they will
cause the carrier to avoid actions that will unnecessarily delay delivery
or unnecessarily result in increased radiation levels or radiation
exposures to transport workers or members of the general public.
(m) Air transport of plutonium.
(1) Notwithstanding the provisions of any general licenses
and notwithstanding any exemptions stated directly in this section
or included indirectly by citation of Title 49, CFR, Chapter I, 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; or
(B) 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 257-4 of subsection (ee)(7)
of this section, and in which the radioactivity is essentially uniformly
distributed; or
(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 subsection
(e) of this section; or
(D) the plutonium is shipped in a package specifically
authorized for the shipment of plutonium by air in the Certificate
of Compliance for that package issued by the NRC.
(2) Nothing in paragraph (1) of this subsection is
to be interpreted as removing or diminishing the requirements of Title
10, CFR, §73.24.
(3) For a shipment of plutonium by air which is subject
to paragraph (1) of this subsection, the licensee shall, through special
arrangement with the carrier, require compliance with Title 49, CFR, §175.704,
DOT regulations applicable to the air transport of plutonium.
(n) Opening instructions. Before delivery of a package
to a carrier for transport, the licensee shall ensure that any special
instructions needed to safely open the package have been sent to,
or otherwise made available to, the consignee for the consignee's
use in accordance with §289.202(ee)(5) of this title.
(o) Records.
(1) For a period of three years after shipment, each
licensee shall maintain, for inspection by the department, a record
of each shipment of radioactive material not exempt under subsection
(f) of this section, including the following where applicable:
(A) identification of the packaging by model number
and serial number;
(B) verification that there are no significant defects
in the packaging, as shipped;
(C) volume and identification of coolant;
(D) type and quantity of radioactive material in each
package, and the total quantity of each shipment;
(E) for each item of irradiated fissile material:
(i) identification by model number and serial number;
(ii) irradiation and decay history to the extent appropriate
to demonstrate that its nuclear and thermal characteristics comply
with license conditions; and
(iii) any abnormal or unusual condition relevant to
radiation safety;
(F) date of the shipment;
(G) for fissile packages and for Type B packages, any
special controls exercised;
(H) name and address of the transferee;
(I) address to which the shipment was made; and
(J) results of the determinations required by subsection
(l) of this section and by the conditions of the package approval.
(2) The licensee, certificate holder, and an applicant
for a CoC, shall make available to the department for inspection,
upon reasonable notice, all records required by this section. Records
are only valid if stamped, initialed, or signed and dated by authorized
personnel, or otherwise authenticated.
(3) The licensee, certificate holder, and an applicant
for a CoC shall maintain sufficient written records to furnish evidence
of the quality of packaging.
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