§ 871.1 - National security exemption.

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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:

Shipments made in support of the development, production, testing, sampling, maintenance, repair, modification, or retirement of atomic weapons or devices;

Shipments made pursuant to international agreements for cooperation for mutual defense purposes; and

Shipments necessary to respond to an emergency situation involving a possible threat to the national security.

The Deputy Administrator for Defense Programs may authorize air shipments falling within paragraph (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:

The delay resulting from using ground transportation methods would have serious adverse impact upon a national security requirement;

Safeguards or safety considerations dictate the use of air transportation;

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

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.

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§ 871.2 - Public health and safety exemption.