---
kind: "section"
citation: "10 C.F.R. § 71.88"
title: "10"
number: "71.88"
heading: "Air transport of plutonium."
url: "https://uscodex.org/cfr/10/71.88"
---

# §71.88. Air transport of plutonium.

- (a) Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this part or included indirectly by citation of [49 CFR chapter I](/cfr/49/chI.md), 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 appendix A, table A-2, of this part, 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 [§ 71.5](/cfr/10/71.5.md); or
  - (4) 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 Commission.
- (b) Nothing in [paragraph (a)](#a) of this section is to be interpreted as removing or diminishing the requirements of [§ 73.24](/cfr/10/73.24.md) of this chapter.
- (c) For a shipment of plutonium by air which is subject to [paragraph (a)(4)](#a-4) of this section, the licensee shall, through special arrangement with the carrier, require compliance with [49 CFR 175.704](/cfr/49/175.704.md), U.S. Department of Transportation regulations applicable to the air transport of plutonium.

## Notes

### Amendments

[60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3795, Jan. 26, 2004]

### Authority

Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 81, 161, 182, 183, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982, sec. 180 (42 U.S.C. 10175); 44 U.S.C. 3504 note. Section 71.97 also issued under Sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note).

### Source

Source: 60 FR 50264, Sept. 28, 1995, unless otherwise noted.

### Amendments

[60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3795, Jan. 26, 2004]