---
kind: "section"
citation: "10 C.F.R. § 871.1"
title: "10"
number: "871.1"
heading: "National security exemption."
url: "https://uscodex.org/cfr/10/871.1"
---

# §871.1. National security exemption.

- (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 Deputy Administrator for Defense Programs may authorize air shipments falling within [paragraph (a)(1)](#a-1) of this section, on a case-by-case basis: Provided, That the Deputy Administrator for Defense Programs determines that 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.

## Notes

### Amendments

[42 FR 48332, Sept. 23, 1977, as amended at 71 FR 68734, Nov. 28, 2006]

### Authority

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

Source: 42 FR 48332, Sept. 23, 1977, unless otherwise noted.

### Amendments

[42 FR 48332, Sept. 23, 1977, as amended at 71 FR 68734, Nov. 28, 2006]