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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:2.0.1.1.11.1.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.0 Purpose and scope. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 80 FR 34011, June 12, 2015] | (a) This part establishes— (1) Requirements for packaging, preparation for shipment, and transportation of licensed material; and (2) Procedures and standards for NRC approval of packaging and shipping procedures for fissile material and for a quantity of other licensed material in excess of a Type A quantity. (b) The packaging and transport of licensed material are also subject to other parts of this chapter (e.g., 10 CFR parts 20, 21, 30, 40, 70, and 73) and to the regulations of other agencies (e.g., the U.S. Department of Transportation (DOT) and the U.S. Postal Service) 1 having jurisdiction over means of transport. The requirements of this part are in addition to, and not in substitution for, other requirements. 1 Postal Service manual (Domestic Mail Manual), Section 124, which is incorporated by reference at 39 CFR 111.1. (c) The regulations in this part apply to any licensee authorized by specific or general license issued by the Commission to receive, possess, use, or transfer licensed material, if the licensee delivers that material to a carrier for transport, transports the material outside the site of usage as specified in the NRC license, or transports that material on public highways. No provision of this part authorizes possession of licensed material. (d)(1) Exemptions from the requirement for license in § 71.3 are specified in § 71.14. General licenses for which no NRC package approval is required are issued in §§ 71.21 through 71.23. The general license in § 71.17 requires that an NRC certificate of compliance or other package approval be issued for the package to be used under this general license. (2) Application for package approval must be completed in accordance with subpart D of this part, demonstrating that the design of the package to be used satisfies the package approval standards contained in subpart E of this part, as related to the tests of subpart F of this part. (3) A licensee transporting licensed material, or delivering licensed material to a carrier for transport… | ||||
| 10:10:2.0.1.1.11.1.121.10 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.9 Employee protection. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 72 FR 63975, Nov. 14, 2007; 73 FR 30459, May 28, 2008; 79 FR 66605, Nov. 10, 2014] | (a) Discrimination by a Commission licensee, certificate holder, an applicant for a Commission license or a CoC, or a contractor or subcontractor of any of these, against an employee for engaging in certain protected activities, is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended. (1) The protected activities include, but are not limited to: (i) Providing the Commission or his or her employer information about alleged violations of either of the statutes named in paragraph (a) of this section or possible violations of requirements imposed under either of those statutes; (ii) Refusing to engage in any practice made unlawful under either of the statutes named in paragraph (a) of this section or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the statutes named in paragraph (a) of this section; and (v) Assisting or participating in, or is about to assist or participate in, these activities. (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee's assistance or participation. (3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of the Ener… | ||||
| 10:10:2.0.1.1.11.1.121.11 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.10 Public inspection of application. | NRC | Applications for approval of a package design under this part, which are submitted to the Commission, may be made available for public inspection, in accordance with provisions of parts 2 and 9 of this chapter. This includes an application to amend or revise an existing package design, any associated documents and drawings submitted with the application, and any responses to NRC requests for additional information. | |||||
| 10:10:2.0.1.1.11.1.121.12 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.11 Protection of Safeguards Information. | NRC | [73 FR 63572, Oct. 24, 2008] | Each licensee, certificate holder, or applicant for a Certificate of Compliance for a transportation package for transport of irradiated reactor fuel, strategic special nuclear material, a critical mass of special nuclear material, or byproduct material in quantities determined by the Commission through order or regulation to be significant to the public health and safety or the common defense and security, shall protect Safeguards Information against unauthorized disclosure in accordance with the requirements in § 73.21 and the requirements of § 73.22 or § 73.23 of this chapter, as applicable. | ||||
| 10:10:2.0.1.1.11.1.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.1 Communications and records. | NRC | [69 FR 3786, Jan. 26, 2004; 69 FR 58038, Sept. 29, 2004, as amended at 74 FR 62683, Dec. 1, 2009; 75 FR 73945, Nov. 30, 2010; 79 FR 75741, Dec. 19, 2014; 80 FR 74981, Dec. 1, 2015; 84 FR 65645, Nov. 29, 2019] | (a) Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html ; by e-mail to MSHD.Resource@nrc.gov ; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. If the submission date falls on a Saturday, Sunday, or a Federal holiday, the next Federal working day becomes the official due date. (b) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adeq… | ||||
| 10:10:2.0.1.1.11.1.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.2 Interpretations. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 90 FR 55632, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission, other than a written interpretation by the General Counsel, will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:2.0.1.1.11.1.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.3 Requirement for license. | NRC | Except as authorized in a general license or a specific license issued by the Commission, or as exempted in this part, no licensee may— (a) Deliver licensed material to a carrier for transport; or (b) Transport licensed material. | |||||
| 10:10:2.0.1.1.11.1.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.4 Definitions. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 69 FR 58038, Sept. 29, 2004; 77 FR 34204, June 11, 2012; 80 FR 34011, June 12, 2015; 80 FR 48684, Aug. 14, 2015; 80 FR 74981, Dec. 1, 2015; 82 FR 52825, Nov. 15, 2017; 86 FR 67843, Nov. 30, 2021] | The following terms are as defined here for the purpose of this part. To ensure compatibility with international transportation standards, all limits in this part are given in terms of dual units: The International System of Units (SI) followed or preceded by U.S. standard or customary units. The U.S. customary units are not exact equivalents but are rounded to a convenient value, providing a functionally equivalent unit. For the purpose of this part, either unit may be used. A 1 means the maximum activity of special form radioactive material permitted in a Type A package. This value is either listed in Appendix A, Table A-1, of this part, or may be derived in accordance with the procedures prescribed in Appendix A of this part. A 2 means the maximum activity of radioactive material, other than special form material, LSA, and SCO material, permitted in a Type A package. This value is either listed in Appendix A, Table A-1, of this part, or may be derived in accordance with the procedures prescribed in Appendix A of this part. Carrier means a person engaged in the transportation of passengers or property by land or water as a common, contract, or private carrier, or by civil aircraft. Certificate holder means a person who has been issued a certificate of compliance or other package approval by the Commission. Certificate of Compliance (CoC) means the certificate issued by the Commission under subpart D of this part which approves the design of a package for the transportation of radioactive material. Close reflection by water means immediate contact by water of sufficient thickness for maximum reflection of neutrons. Consignment means each shipment of a package or groups of packages or load of radioactive material offered by a shipper for transport. Containment system means the assembly of components of the packaging intended to retain the radioactive material during transport. Contamination means the presence of a radioactive substance on a surface in quantities in excess of 0.4 Bq/cm 2 (1 × 1… | ||||
| 10:10:2.0.1.1.11.1.121.6 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.5 Transportation of licensed material. | NRC | [69 FR 3786, Jan. 26, 2004; 69 FR 58038, Sept. 29, 2004] | (a) Each licensee who transports licensed material outside the site of usage, as specified in the NRC license, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the DOT regulations in 49 CFR parts 107, 171 through 180, and 390 through 397, appropriate to the mode of transport. (1) The licensee shall particularly note DOT regulations in the following areas: (i) Packaging—49 CFR part 173: subparts A, B, and I. (ii) Marking and labeling—49 CFR part 172: subpart D; and §§ 172.400 through 172.407 and §§ 172.436 through 172.441 of subpart E. (iii) Placarding—49 CFR part 172: subpart F, especially §§ 172.500 through 172.519 and 172.556; and appendices B and C. (iv) Accident reporting—49 CFR part 171: §§ 171.15 and 171.16. (v) Shipping papers and emergency information—49 CFR part 172: subparts C and G. (vi) Hazardous material employee training—49 CFR part 172: subpart H. (vii) Security plans—49 CFR part 172: subpart I. (viii) Hazardous material shipper/carrier registration—49 CFR part 107: subpart G. (2) The licensee shall also note DOT regulations pertaining to the following modes of transportation: (i) Rail—49 CFR part 174: subparts A through D and K. (ii) Air—49 CFR part 175. (iii) Vessel—49 CFR part 176: subparts A through F and M. (iv) Public Highway—49 CFR part 177 and parts 390 through 397. (b) If DOT regulations are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the DOT specified in paragraph (a) of this section to the same extent as if the shipment or transportation were subject to DOT regulations. A request for modification, waiver, or exemption from those requirements, and any notification referred to in those requirements, must be filed with, or made to, the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | ||||
| 10:10:2.0.1.1.11.1.121.7 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.6 Information collection requirements: OMB approval. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 75 FR 73945, Nov. 30, 2010; 80 FR 34012, June 12, 2015] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0008. (b) The approved information collection requirements contained in this part appear in §§ 71.5, 71.7, 71.9, 71.12, 71.17, 71.19, 71.22, 71.23, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.47, 71.85, 71.87, 71.89, 71.91, 71.93, 71.95, 71.97, 71.101, 71.103, 71.105, 71.106, 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, 71.125, 71.127, 71.129, 71.131, 71.133, 71.135, 71.137, and appendix A, paragraph II. | ||||
| 10:10:2.0.1.1.11.1.121.8 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.7 Completeness and accuracy of information. | NRC | (a) Information provided to the Commission by a licensee, certificate holder, or an applicant for a license or CoC; or information required by statute or by the Commission's regulations, orders, license or CoC conditions, to be maintained by the licensee or certificate holder, must be complete and accurate in all material respects. (b) Each licensee, certificate holder, or applicant for a license or CoC must notify the Commission of information identified by the licensee, certificate holder, or applicant for a license or CoC as having, for the regulated activity, a significant implication for public health and safety or common defense and security. A licensee, certificate holder, or an applicant for a license or CoC violates this paragraph only if the licensee, certificate holder, or applicant for a license or CoC fails to notify the Commission of information that the licensee, certificate holder, or applicant for a license or CoC has identified as having a significant implication for public health and safety or common defense and security. Notification must be provided to the Administrator of the appropriate Regional Office within 2 working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements. | |||||
| 10:10:2.0.1.1.11.1.121.9 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | A | Subpart A—General Provisions | § 71.8 Deliberate misconduct. | NRC | (a) This section applies to any— (1) Licensee; (2) Certificate holder; (3) Quality assurance program approval holder; (4) Applicant for a license, certificate, or quality assurance program approval; (5) Contractor (including a supplier or consultant) or subcontractor, to any person identified in paragraph (a)(4) of this section; or (6) Employees of any person identified in paragraphs (a)(1) through (a)(5) of this section. (b) A person identified in paragraph (a) of this section who knowingly provides to any entity, listed in paragraphs (a)(1) through (a)(5) of this section, any components, materials, or other goods or services that relate to a licensee's, certificate holder's, quality assurance program approval holder's, or applicant's activities subject to this part may not: (1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder, quality assurance program approval holder, or any applicant to be in violation of any rule, regulation, or order; or any term, condition or limitation of any license, certificate, or approval issued by the Commission; or (2) Deliberately submit to the NRC, a licensee, a certificate holder, quality assurance program approval holder, an applicant for a license, certificate or quality assurance program approval, or a licensee's, applicant's, certificate holder's, or quality assurance program approval holder's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. (c) A person who violates paragraph (b)(1) or (b)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B. (d) For the purposes of paragraph (b)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: (1) Would cause a licensee, certificate holder, quality assurance program approval holder, or applicant for a license, certificate, or qual… | |||||
| 10:10:2.0.1.1.11.2.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | B | Subpart B—Exemptions | § 71.12 Specific exemptions. | NRC | On application of any interested person or on its own initiative, the Commission may grant any exemption from the requirements of the regulations in this part that it determines is authorized by law and will not endanger life or property nor the common defense and security. | |||||
| 10:10:2.0.1.1.11.2.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | B | Subpart B—Exemptions | § 71.13 Exemption of physicians. | NRC | Any physician licensed by a State to dispense drugs in the practice of medicine is exempt from § 71.5 with respect to transport by the physician of licensed material for use in the practice of medicine. However, any physician operating under this exemption must be licensed under 10 CFR part 35 or the equivalent Agreement State regulations. | |||||
| 10:10:2.0.1.1.11.2.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | B | Subpart B—Exemptions | § 71.14 Exemption for low-level materials. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 80 FR 34012, June 12, 2015] | (a) A licensee is exempt from all the requirements of this part with respect to shipment or carriage of the following low-level materials: (1) Natural material and ores containing naturally occurring radionuclides that are either in their natural state, or have only been processed for purposes other than for the extraction of the radionuclides, and which are not intended to be processed for the use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the applicable radionuclide activity concentration values specified in appendix A, Table A-2, or Table A-3 of this part. (2) Materials for which the activity concentration is not greater than the activity concentration values specified in appendix A, Table A-2, or Table A-3 of this part, or for which the consignment activity is not greater than the limit for an exempt consignment found in appendix A, Table A-2, or Table A-3 of this part. (3) Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels cited in the definition of contamination in § 71.4. (b) A licensee is exempt from all the requirements of this part, other than §§ 71.5 and 71.88, with respect to shipment or carriage of the following packages, provided the packages do not contain any fissile material, or the material is exempt from classification as fissile material under § 71.15: (1) A package that contains no more than a Type A quantity of radioactive material; (2) A package transported within the United States that contains no more than 0.74 TBq (20 Ci) of special form plutonium-244; or (3) The package contains only LSA or SCO radioactive material, provided— (i) That the LSA or SCO material has an external radiation dose of less than or equal to 10 mSv/h (1 rem/h), at a distance of 3 m from the unshielded material; or (ii) That the package contains only LSA-I or SCO-I material. | ||||
| 10:10:2.0.1.1.11.2.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | B | Subpart B—Exemptions | § 71.15 Exemption from classification as fissile material. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 80 FR 34012, June 12, 2015] | Fissile material meeting the requirements of at least one of the paragraphs (a) through (f) of this section are exempt from classification as fissile material and from the fissile material package standards of §§ 71.55 and 71.59, but are subject to all other requirements of this part, except as noted. (a) Individual package containing 2 grams or less fissile material. (b) Individual or bulk packaging containing 15 grams or less of fissile material provided the package has at least 200 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass for solid nonfissile material. (c)(1) Low concentrations of solid fissile material commingled with solid nonfissile material, provided that: (i) There is at least 2000 grams of solid nonfissile material for every gram of fissile material, and (ii) There is no more than 180 grams of fissile material distributed within 360 kg of contiguous nonfissile material. (2) Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass of solid nonfissile material. (d) Uranium enriched in uranium-235 to a maximum of 1 percent by weight, and with total plutonium and uranium-233 content of up to 1 percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than 5 percent of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package. (e) Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2 percent by mass, with a total plutonium and uranium-233 content not exceeding 0.002 percent of the mass of uranium, and with a minimum nitrogen to uranium atomic ratio (N/U) of 2. The material must be contained in at least a DOT Type A pack… | ||||
| 10:10:2.0.1.1.11.2.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | B | Subpart B—Exemptions | § 71.16 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.11.3.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | C | Subpart C—General Licenses | § 71.17 General license: NRC-approved package. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 75 FR 73945, Nov. 30, 2010; 79 FR 75741, Dec. 19, 2014; 80 FR 34012, June 12, 2015; 84 FR 65645, Nov. 29, 2019] | (a) A general license is issued to any licensee of the Commission to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance (CoC), or other approval has been issued by the NRC. (b) This general license applies only to a licensee who has a quality assurance program approved by the Commission as satisfying the provisions of subpart H of this part. (c) Each licensee issued a general license under paragraph (a) of this section shall— (1) Maintain a copy of the Certificate of Compliance, or other approval of the package, and the drawings and other documents referenced in the approval relating to the use and maintenance of the packaging and to the actions to be taken before shipment; (2) Comply with the terms and conditions of the license, certificate, or other approval, as applicable, and the applicable requirements of subparts A, G, and H of this part; and (3) Submit in writing before the first use of the package to: ATTN: Document Control Desk, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in § 71.1(a), the licensee's name and license number and the package identification number specified in the package approval. (d) This general license applies only when the package approval authorizes use of the package under this general license. (e) For a Type B or fissile material package, the design of which was approved by NRC before April 1, 1996, the general license is subject to the additional restrictions of § 71.19. | ||||
| 10:10:2.0.1.1.11.3.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | C | Subpart C—General Licenses | § 71.18 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.11.3.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | C | Subpart C—General Licenses | § 71.19 Previously approved package. | NRC | [69 FR 3786, Jan. 26, 2004; 69 FR 6139, Feb. 10, 2004, as amended at 80 FR 34012, June 12, 2015] | (a) A Type B(U) package, a Type B(M) package, or a fissile material package, previously approved by the NRC but without the designation “-85” in the identification number of the NRC CoC, may be used under the general license of § 71.17 with the following additional conditions: (1) Fabrication of the package is satisfactorily completed by April 1, 1999, as demonstrated by application of its model number in accordance with § 71.85(c); (2) A package used for a shipment to a location outside the United States is subject to multilateral approval as defined in DOT regulations at 49 CFR 173.403; and (3) A serial number which uniquely identifies each packaging which conforms to the approved design is assigned to and legibly and durably marked on the outside of each packaging. (b) A Type B(U) package, a Type B(M) package, or a fissile material package previously approved by the NRC with the designation “-85” in the identification number of the NRC CoC, may be used under the general license of § 71.17 with the following additional conditions: (1) Fabrication of the package must be satisfactorily completed by December 31, 2006, as demonstrated by application of its model number in accordance with § 71.85(c); and (2) A package used for a shipment to a location outside the United States is subject to multilateral approval as defined in the DOT's regulations at 49 CFR 173.403. (c) NRC will approve modifications to the design and authorized contents of a Type B package, or a fissile material package, previously approved by NRC, provided— (1) The modifications of a Type B package are not significant with respect to the design, operating characteristics, or safe performance of the containment system, when the package is subjected to the tests specified in §§ 71.71 and 71.73; (2) The modifications of a fissile material package are not significant, with respect to the prevention of criticality, when the package is subjected to the tests specified in §§ 71.71 and 71.73; and (3) The modifications to the package satisfy the … | ||||
| 10:10:2.0.1.1.11.3.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | C | Subpart C—General Licenses | § 71.21 General license: Use of foreign approved package. | NRC | [69 FR 3786, Jan. 26, 2004, as amended at 80 FR 34012, June 12, 2015] | (a) A general license is issued to any licensee of the Commission to transport, or to deliver to a carrier for transport, licensed material in a package, the design of which has been approved in a foreign national competent authority certificate, that has been revalidated by the DOT as meeting the applicable requirements of 49 CFR 171.23. (b) Except as otherwise provided in this section, the general license applies only to a licensee who has a quality assurance program approved by the Commission as satisfying the applicable provisions of subpart H of this part. (c) This general license applies only to shipments made to or from locations outside the United States. (d) Each licensee issued a general license under paragraph (a) of this section shall— (1) Maintain a copy of the applicable certificate, the revalidation, and the drawings and other documents referenced in the certificate, relating to the use and maintenance of the packaging and to the actions to be taken before shipment; and (2) Comply with the terms and conditions of the certificate and revalidation, and with the applicable requirements of subparts A, G, and H of this part. | ||||
| 10:10:2.0.1.1.11.3.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | C | Subpart C—General Licenses | § 71.22 General license: Fissile material. | NRC | [69 FR 3786, Jan. 26, 2004; 69 FR 58038, Sept. 29, 2004] | (a) A general license is issued to any licensee of the Commission to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped in accordance with this section. The fissile material need not be contained in a package which meets the standards of subparts E and F of this part; however, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements of 49 CFR 173.417(a). (b) The general license applies only to a licensee who has a quality assurance program approved by the Commission as satisfying the provisions of subpart H of this part. (c) The general license applies only when a package's contents: (1) Contain no more than a Type A quantity of radioactive material; and (2) Contain less than 500 total grams of beryllium, graphite, or hydrogenous material enriched in deuterium. (d) The general license applies only to packages containing fissile material that are labeled with a CSI which: (1) Has been determined in accordance with paragraph (e) of this section; (2) Has a value less than or equal to 10; and (3) For a shipment of multiple packages containing fissile material, the sum of the CSIs must be less than or equal to 50 (for shipment on a nonexclusive use conveyance) and less than or equal to 100 (for shipment on an exclusive use conveyance). (e)(1) The value for the CSI must be greater than or equal to the number calculated by the following equation: (2) The calculated CSI must be rounded up to the first decimal place; (3) The values of X, Y, and Z used in the CSI equation must be taken from Tables 71-1 or 71-2, as appropriate; (4) If Table 71-2 is used to obtain the value of X, then the values for the terms in the equation for uranium-233 and plutonium must be assumed to be zero; and (5) Table 71-1 values for X, Y, and Z must be used to determine the CSI if: (i) Uranium-233 is present in the package; (ii) The mass of plutonium exceeds 1 percent of the mass of uranium-235; (iii) The uranium is of … | ||||
| 10:10:2.0.1.1.11.3.121.6 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | C | Subpart C—General Licenses | § 71.23 General license: Plutonium-beryllium special form material. | NRC | [69 FR 3786, Jan. 26, 2004; 69 FR 58038, Sept. 29, 2004] | (a) A general license is issued to any licensee of the Commission to transport fissile material in the form of plutonium-beryllium (Pu-Be) special form sealed sources, or to deliver Pu-Be sealed sources to a carrier for transport, if the material is shipped in accordance with this section. This material need not be contained in a package which meets the standards of subparts E and F of this part; however, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements of 49 CFR 173.417(a). (b) The general license applies only to a licensee who has a quality assurance program approved by the Commission as satisfying the provisions of subpart H of this part. (c) The general license applies only when a package's contents: (1) Contain no more than a Type A quantity of radioactive material; and (2) Contain less than 1000 g of plutonium, provided that: plutonium-239, plutonium-241, or any combination of these radionuclides, constitutes less than 240 g of the total quantity of plutonium in the package. (d) The general license applies only to packages labeled with a CSI which: (1) Has been determined in accordance with paragraph (e) of this section; (2) Has a value less than or equal to 100; and (3) For a shipment of multiple packages containing Pu-Be sealed sources, the sum of the CSIs must be less than or equal to 50 (for shipment on a nonexclusive use conveyance) and less than or equal to 100 (for shipment on an exclusive use conveyance). (e)(1) The value for the CSI must be greater than or equal to the number calculated by the following equation: (2) The calculated CSI must be rounded up to the first decimal place. | ||||
| 10:10:2.0.1.1.11.3.121.7 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | C | Subpart C—General Licenses | §§ 71.24-71.25 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.11.4.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | D | Subpart D—Application for Package Approval | § 71.31 Contents of application. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 80 FR 34012, June 12, 2015] | (a) An application for an approval under this part must include, for each proposed packaging design, the following information: (1) A package description as required by § 71.33; (2) A package evaluation as required by § 71.35; and (3) A quality assurance program description, as required by § 71.37, or a reference to a previously approved quality assurance program. (b) Except as provided in § 71.19, an application for modification of a package design, whether for modification of the packaging or authorized contents, must include sufficient information to demonstrate that the proposed design satisfies the package standards in effect at the time the application is filed. (c) The applicant shall identify any established codes and standards proposed for use in package design, fabrication, assembly, testing, maintenance, and use. In the absence of any codes and standards, the applicant shall describe and justify the basis and rationale used to formulate the package quality assurance program. | ||||
| 10:10:2.0.1.1.11.4.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | D | Subpart D—Application for Package Approval | § 71.33 Package description. | NRC | The application must include a description of the proposed package in sufficient detail to identify the package accurately and provide a sufficient basis for evaluation of the package. The description must include— (a) With respect to the packaging— (1) Classification as Type B(U), Type B(M), or fissile material packaging; (2) Gross weight; (3) Model number; (4) Identification of the containment system; (5) Specific materials of construction, weights, dimensions, and fabrication methods of— (i) Receptacles; (ii) Materials specifically used as nonfissile neutron absorbers or moderators; (iii) Internal and external structures supporting or protecting receptacles; (iv) Valves, sampling ports, lifting devices, and tie-down devices; and (v) Structural and mechanical means for the transfer and dissipation of heat; and (6) Identification and volumes of any receptacles containing coolant. (b) With respect to the contents of the package— (1) Identification and maximum radioactivity of radioactive constituents; (2) Identification and maximum quantities of fissile constituents; (3) Chemical and physical form; (4) Extent of reflection, the amount and identity of nonfissile materials used as neutron absorbers or moderators, and the atomic ratio of moderator to fissile constituents; (5) Maximum normal operating pressure; (6) Maximum weight; (7) Maximum amount of decay heat; and (8) Identification and volumes of any coolants. | |||||
| 10:10:2.0.1.1.11.4.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | D | Subpart D—Application for Package Approval | § 71.35 Package evaluation. | NRC | The application must include the following: (a) A demonstration that the package satisfies the standards specified in subparts E and F of this part; (b) For a fissile material package, the allowable number of packages that may be transported in the same vehicle in accordance with § 71.59; and (c) For a fissile material shipment, any proposed special controls and precautions for transport, loading, unloading, and handling and any proposed special controls in case of an accident or delay. | |||||
| 10:10:2.0.1.1.11.4.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | D | Subpart D—Application for Package Approval | § 71.37 Quality assurance. | NRC | (a) The applicant shall describe the quality assurance program (see Subpart H of this part) for the design, fabrication, assembly, testing, maintenance, repair, modification, and use of the proposed package. (b) The applicant shall identify any specific provisions of the quality assurance program that are applicable to the particular package design under consideration, including a description of the leak testing procedures. | |||||
| 10:10:2.0.1.1.11.4.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | D | Subpart D—Application for Package Approval | § 71.38 Renewal of a certificate of compliance. | NRC | [80 FR 34012, June 12, 2015] | (a) Except as provided in paragraph (b) of this section, each Certificate of Compliance expires at the end of the day, in the month and year stated in the approval. (b) In any case in which a person, not less than 30 days before the expiration of an existing Certificate of Compliance issued pursuant to the part, has filed an application in proper form for renewal, the existing Certificate of Compliance for which the renewal application was filed shall not be deemed to have expired until final action on the application for renewal has been taken by the Commission. (c) In applying for renewal of an existing Certificate of Compliance, an applicant may be required to submit a consolidated application that is comprised of as few documents as possible. The consolidated application should incorporate all changes to its certificate, including changes that are incorporated by reference in the existing certificate. | ||||
| 10:10:2.0.1.1.11.4.121.6 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | D | Subpart D—Application for Package Approval | § 71.39 Requirement for additional information. | NRC | The Commission may at any time require additional information in order to enable it to determine whether a license, certificate of compliance, or other approval should be granted, renewed, denied, modified, suspended, or revoked. | |||||
| 10:10:2.0.1.1.11.5.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.41 Demonstration of compliance. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3794, Jan. 26, 2004; 69 FR 58039, Sept. 29, 2004] | (a) The effects on a package of the tests specified in § 71.71 (“Normal conditions of transport”), and the tests specified in § 71.73 (“Hypothetical accident conditions”), and § 71.61 (“Special requirements for Type B packages containing more than 10 5 A 2 ”), must be evaluated by subjecting a specimen or scale model to a specific test, or by another method of demonstration acceptable to the Commission, as appropriate for the particular feature being considered. (b) Taking into account the type of vehicle, the method of securing or attaching the package, and the controls to be exercised by the shipper, the Commission may permit the shipment to be evaluated together with the transporting vehicle. (c) Environmental and test conditions different from those specified in §§ 71.71 and 71.73 may be approved by the Commission if the controls proposed to be exercised by the shipper are demonstrated to be adequate to provide equivalent safety of the shipment. (d) Packages for which compliance with the other provisions of these regulations is impracticable shall not be transported except under special package authorization. Provided the applicant demonstrates that compliance with the other provisions of the regulations is impracticable and that the requisite standards of safety established by these regulations have been demonstrated through means alternative to the other provisions, a special package authorization may be approved for one-time shipments. The applicant shall demonstrate that the overall level of safety in transport for these shipments is at least equivalent to that which would be provided if all the applicable requirements had been met. | ||||
| 10:10:2.0.1.1.11.5.121.10 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.61 Special requirements for Type B packages containing more than 10 | NRC | [69 FR 3795, Jan. 26, 2004] | A Type B package containing more than 10 5 A 2 must be designed so that its undamaged containment system can withstand an external water pressure of 2 MPa (290 psi) for a period of not less than 1 hour without collapse, buckling, or inleakage of water. | ||||
| 10:10:2.0.1.1.11.5.121.11 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.63 Special requirement for plutonium shipments. | NRC | [69 FR 3795, Jan. 26, 2004] | Shipments containing plutonium must be made with the contents in solid form, if the contents contain greater than 0.74 TBq (20 Ci) of plutonium. | ||||
| 10:10:2.0.1.1.11.5.121.12 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.64 Special requirements for plutonium air shipments. | NRC | (a) A package for the shipment of plutonium by air subject to § 71.88(a)(4), in addition to satisfying the requirements of §§ 71.41 through 71.63, as applicable, must be designed, constructed, and prepared for shipment so that under the tests specified in— (1) Section 71.74 (“Accident conditions for air transport of plutonium”)— (i) The containment vessel would not be ruptured in its post-tested condition, and the package must provide a sufficient degree of containment to restrict accumulated loss of plutonium contents to not more than an A 2 quantity in a period of 1 week; (ii) The external radiation level would not exceed 10 mSv/h (1 rem/h) at a distance of 1 m (40 in) from the surface of the package in its post-tested condition in air; and (iii) A single package and an array of packages are demonstrated to be subcritical in accordance with this part, except that the damaged condition of the package must be considered to be that which results from the plutonium accident tests in § 71.74, rather than the hypothetical accident tests in § 71.73; and (2) Section 71.74(c), there would be no detectable leakage of water into the containment vessel of the package. (b) With respect to the package requirements of paragraph (a), there must be a demonstration or analytical assessment showing that— (1) The results of the physical testing for package qualification would not be adversely affected to a significant extent by— (i) The presence, during the tests, of the actual contents that will be transported in the package; and (ii) Ambient water temperatures ranging from 0.6 °C ( + 33 °F) to 38 °C ( + 100 °F) for those qualification tests involving water, and ambient atmospheric temperatures ranging from −40 °C (−40 °F) to + 54 °C ( + 130°F) for the other qualification tests. (2) The ability of the package to meet the acceptance standards prescribed for the accident condition sequential tests would not be adversely affected if one or more tests in the sequence were deleted. | |||||
| 10:10:2.0.1.1.11.5.121.13 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.65 Additional requirements. | NRC | The Commission may, by rule, regulation, or order, impose requirements on any licensee, in addition to those established in this part, as it deems necessary or appropriate to protect public health or to minimize danger to life or property. | |||||
| 10:10:2.0.1.1.11.5.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.43 General standards for all packages. | NRC | (a) The smallest overall dimension of a package may not be less than 10 cm (4 in). (b) The outside of a package must incorporate a feature, such as a seal, that is not readily breakable and that, while intact, would be evidence that the package has not been opened by unauthorized persons. (c) Each package must include a containment system securely closed by a positive fastening device that cannot be opened unintentionally or by a pressure that may arise within the package. (d) A package must be made of materials and construction that assure that there will be no significant chemical, galvanic, or other reaction among the packaging components, among package contents, or between the packaging components and the package contents, including possible reaction resulting from inleakage of water, to the maximum credible extent. Account must be taken of the behavior of materials under irradiation. (e) A package valve or other device, the failure of which would allow radioactive contents to escape, must be protected against unauthorized operation and, except for a pressure relief device, must be provided with an enclosure to retain any leakage. (f) A package must be designed, constructed, and prepared for shipment so that under the tests specified in § 71.71 (“Normal conditions of transport”) there would be no loss or dispersal of radioactive contents, no significant increase in external surface radiation levels, and no substantial reduction in the effectiveness of the packaging. (g) A package must be designed, constructed, and prepared for transport so that in still air at 38 °C (100 °F) and in the shade, no accessible surface of a package would have a temperature exceeding 50 °C (122 °F) in a nonexclusive use shipment, or 85 °C (185 °F) in an exclusive use shipment. (h) A package may not incorporate a feature intended to allow continuous venting during transport. | |||||
| 10:10:2.0.1.1.11.5.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.45 Lifting and tie-down standards for all packages. | NRC | (a) Any lifting attachment that is a structural part of a package must be designed with a minimum safety factor of three against yielding when used to lift the package in the intended manner, and it must be designed so that failure of any lifting device under excessive load would not impair the ability of the package to meet other requirements of this subpart. Any other structural part of the package that could be used to lift the package must be capable of being rendered inoperable for lifting the package during transport, or must be designed with strength equivalent to that required for lifting attachments. (b) Tie-down devices: (1) If there is a system of tie-down devices that is a structural part of the package, the system must be capable of withstanding, without generating stress in any material of the package in excess of its yield strength, a static force applied to the center of gravity of the package having a vertical component of 2 times the weight of the package with its contents, a horizontal component along the direction in which the vehicle travels of 10 times the weight of the package with its contents, and a horizontal component in the transverse direction of 5 times the weight of the package with its contents. (2) Any other structural part of the package that could be used to tie down the package must be capable of being rendered inoperable for tying down the package during transport, or must be designed with strength equivalent to that required for tie-down devices. (3) Each tie-down device that is a structural part of a package must be designed so that failure of the device under excessive load would not impair the ability of the package to meet other requirements of this part. | |||||
| 10:10:2.0.1.1.11.5.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.47 External radiation standards for all packages. | NRC | (a) Except as provided in paragraph (b) of this section, each package of radioactive materials offered for transportation must be designed and prepared for shipment so that under conditions normally incident to transportation the radiation level does not exceed 2 mSv/h (200 mrem/h) 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 paragraph (a) of this section must be transported by exclusive use shipment only, and the radiation levels for such shipment must not exceed the following during transportation: (1) 2 mSv/h (200 mrem/h) on the external surface of the package, unless the following conditions are met, in which case the limit is 10 mSv/h (1000 mrem/h): (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; (2) 2 mSv/h (200 mrem/h) 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 (3) 0.1 mSv/h (10 mrem/h) at any point 2 meters (80 in) 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 meters (6.6 feet) from the vertical planes projected by the outer edges of the vehicle (excluding the top and underside of the vehicle); and (4) 0.02 mSv/h (2 mrem/h) 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 10 CFR 20.1502. (c) For shipments made under the provisions … | |||||
| 10:10:2.0.1.1.11.5.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.51 Additional requirements for Type B packages. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3794, Jan. 26, 2004; 69 FR 58039, Sept. 29, 2004] | (a) A Type B package, in addition to satisfying the requirements of §§ 71.41 through 71.47, must be designed, constructed, and prepared for shipment so that under the tests specified in: (1) Section 71.71 (“Normal conditions of transport”), there would be no loss or dispersal of radioactive contents—as demonstrated to a sensitivity of 10 −6 A 2 per hour, no significant increase in external surface radiation levels, and no substantial reduction in the effectiveness of the packaging; and (2) Section 71.73 (“Hypothetical accident conditions”), there would be no escape of krypton-85 exceeding 10 A 2 in 1 week, no escape of other radioactive material exceeding a total amount A 2 in 1 week, and no external radiation dose rate exceeding 10 mSv/h (1 rem/h) at 1 m (40 in) from the external surface of the package. (b) Where mixtures of different radionuclides are present, the provisions of appendix A, paragraph IV of this part shall apply, except that for Krypton-85, an effective A 2 value equal to 10 A 2 may be used. (c) Compliance with the permitted activity release limits of paragraph (a) of this section may not depend on filters or on a mechanical cooling system. (d) For packages which contain radioactive contents with activity greater than 10 5 A 2 , the requirements of § 71.61 must be met. | ||||
| 10:10:2.0.1.1.11.5.121.6 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.53 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.11.5.121.7 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.55 General requirements for fissile material packages. | NRC | [60 FR 50264, Sept. 28, 1995; 61 FR 28724, June 6, 1996, as amended at 69 FR 3794, Jan. 26, 2004] | (a) A package used for the shipment of fissile material must be designed and constructed in accordance with §§ 71.41 through 71.47. When required by the total amount of radioactive material, a package used for the shipment of fissile material must also be designed and constructed in accordance with § 71.51. (b) Except as provided in paragraph (c) or (g) of this section, a package used for the shipment of fissile material must be so designed and constructed and its contents so limited that it would be subcritical if water were to leak into the containment system, or liquid contents were to leak out of the containment system so that, under the following conditions, maximum reactivity of the fissile material would be attained: (1) The most reactive credible configuration consistent with the chemical and physical form of the material; (2) Moderation by water to the most reactive credible extent; and (3) Close full reflection of the containment system by water on all sides, or such greater reflection of the containment system as may additionally be provided by the surrounding material of the packaging. (c) The Commission may approve exceptions to the requirements of paragraph (b) of this section if the package incorporates special design features that ensure that no single packaging error would permit leakage, and if appropriate measures are taken before each shipment to ensure that the containment system does not leak. (d) A package used for the shipment of fissile material must be so designed and constructed and its contents so limited that under the tests specified in § 71.71 (“Normal conditions of transport”)— (1) The contents would be subcritical; (2) The geometric form of the package contents would not be substantially altered; (3) There would be no leakage of water into the containment system unless, in the evaluation of undamaged packages under § 71.59(a)(1), it has been assumed that moderation is present to such an extent as to cause maximum reactivity consistent with the chemical and physical form o… | ||||
| 10:10:2.0.1.1.11.5.121.8 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.57 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.11.5.121.9 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | E | Subpart E—Package Approval Standards | § 71.59 Standards for arrays of fissile material packages. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3795, Jan. 26, 2004] | (a) A fissile material package must be controlled by either the shipper or the carrier during transport to assure that an array of such packages remains subcritical. To enable this control, the designer of a fissile material package shall derive a number “N” based on all the following conditions being satisfied, assuming packages are stacked together in any arrangement and with close full reflection on all sides of the stack by water: (1) Five times “N” undamaged packages with nothing between the packages would be subcritical; (2) Two times “N” damaged packages, if each package were subjected to the tests specified in § 71.73 (“Hypothetical accident conditions”) would be subcritical with optimum interspersed hydrogenous moderation; and (3) The value of “N” cannot be less than 0.5. (b) The CSI must be determined by dividing the number 50 by the value of “N” derived using the procedures specified in paragraph (a) of this section. The value of the CSI may be zero provided that an unlimited number of packages are subcritical, such that the value of “N” is effectively equal to infinity under the procedures specified in paragraph (a) of this section. Any CSI greater than zero must be rounded up to the first decimal place. (c) For a fissile material package which is assigned a CSI value— (1) Less than or equal to 50, that package may be shipped by a carrier in a nonexclusive use conveyance, provided the sum of the CSIs is limited to less than or equal to 50. (2) Less than or equal to 50, that package may be shipped by a carrier in an exclusive use conveyance, provided the sum of the CSIs is limited to less than or equal to 100. (3) Greater than 50, that package must be shipped by a carrier in an exclusive use conveyance, provided the sum of the CSIs is limited to less than or equal to 100. | ||||
| 10:10:2.0.1.1.11.6.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | F | Subpart F—Package, Special Form, and LSA-III Tests | § 71.70 Incorporations by reference. | NRC | [80 FR 34013, June 12, 2015, as amended at 80 FR 48684, Aug. 14, 2015] | (a) The materials listed in this section are incorporated by reference in the corresponding sections noted and made a part of the regulations in part 71. These incorporations by reference were approved by the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval. A notice of any changes made to the material incorporated by reference will be published in the Federal Register, and the material must be available to the public. The materials can be examined, by appointment, at the NRC's Technical Library, which is located at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-7000; email: Library.Resource@nrc.gov. The materials are also available from the sources listed below. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 1-202-741-6030 or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html. (b) International Organization for Standardization, ISO Central Secretariat, Chemin de Blandonnet 8 CP 401, 1214 Vernier, Geneva, Switzerland; email: central@iso.org; phone: + 41 22 749 01 11; Web site: http://www.iso.org. (1) ISO 9978:1992(E), “Radiation protection—Sealed radioactive sources—Leakage test methods,” First Edition (February 15, 1992), incorporation by reference approved for § 71.75(a), is available for purchase from the American National Standards Institute, 25 West 43rd Street, 4th Floor, New York, NY 10036, 212-642-4900, http://www.ansi.org, or info@ansi.org. (2) ISO 2919:1999(E), “Radiation protection—Sealed radioactive sources—General requirements and classification,” Second Edition (February 15, 1999), incorporation by reference approved for § 71.75(d), is available on http://www.amazon.com. | ||||
| 10:10:2.0.1.1.11.6.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | F | Subpart F—Package, Special Form, and LSA-III Tests | § 71.71 Normal conditions of transport. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 81 FR 86910, Dec. 2, 2016] | (a) Evaluation. Evaluation of each package design under normal conditions of transport must include a determination of the effect on that design of the conditions and tests specified in this section. Separate specimens may be used for the free drop test, the compression test, and the penetration test, if each specimen is subjected to the water spray test before being subjected to any of the other tests. (b) Initial conditions. With respect to the initial conditions for the tests in this section, the demonstration of compliance with the requirements of this part must be based on the ambient temperature preceding and following the tests remaining constant at that value between −29 °C (−20 °F) and + 38 °C ( + 100 °F) which is most unfavorable for the feature under consideration. The initial internal pressure within the containment system must be considered to be the maximum normal operating pressure, unless a lower internal pressure consistent with the ambient temperature considered to precede and follow the tests is more unfavorable. (c) Conditions and tests —(1) Heat. An ambient temperature of 38 °C (100 °F) in still air, and insolation according to the following table: Insolation Data (2) Cold. An ambient temperature of −40 °C (−40 °F) in still air and shade. (3) Reduced external pressure. An external pressure of 25 kPa (3.5 lbf/in 2 ) absolute. (4) Increased external pressure. An external pressure of 140 kPa (20 lbf/in 2 ) absolute. (5) Vibration. Vibration normally incident to transport. (6) Water spray. A water spray that simulates exposure to rainfall of approximately 5 cm/h (2 in/h) for at least 1 hour. (7) Free drop. Between 1.5 and 2.5 hours after the conclusion of the water spray test, a free drop through the distance specified below onto a flat, essentially unyielding, horizontal surface, striking the surface in a position for which maximum damage is expected. Criteria for Free Drop Test (Weight/Distance) (8) Corner drop. A free drop onto each corner of the package in su… | ||||
| 10:10:2.0.1.1.11.6.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | F | Subpart F—Package, Special Form, and LSA-III Tests | § 71.73 Hypothetical accident conditions. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3795, Jan. 26, 2004] | (a) Test procedures. Evaluation for hypothetical accident conditions is to be based on sequential application of the tests specified in this section, in the order indicated, to determine their cumulative effect on a package or array of packages. An undamaged specimen may be used for the water immersion tests specified in paragraph (c)(6) of this section. (b) Test conditions. With respect to the initial conditions for the tests, except for the water immersion tests, to demonstrate compliance with the requirements of this part during testing, the ambient air temperature before and after the tests must remain constant at that value between −29 °C (−20 °F) and + 38 °C ( + 100 °F) which is most unfavorable for the feature under consideration. The initial internal pressure within the containment system must be the maximum normal operating pressure, unless a lower internal pressure, consistent with the ambient temperature assumed to precede and follow the tests, is more unfavorable. (c) Tests. Tests for hypothetical accident conditions must be conducted as follows: (1) Free drop. A free drop of the specimen through a distance of 9 m (30 ft) onto a flat, essentially unyielding, horizontal surface, striking the surface in a position for which maximum damage is expected. (2) Crush. Subjection of the specimen to a dynamic crush test by positioning the specimen on a flat, essentially unyielding horizontal surface so as to suffer maximum damage by the drop of a 500-kg (1100-lb) mass from 9 m (30 ft) onto the specimen. The mass must consist of a solid mild steel plate 1 m (40 in) by 1 m (40 in) and must fall in a horizontal attitude. The crush test is required only when the specimen has a mass not greater than 500 kg (1100 lb), an overall density not greater than 1000 kg/m 3 (62.4 lb/ft 3 ) based on external dimension, and radioactive contents greater than 1000 A 2 not as special form radioactive material. For packages containing fissile material, the radioactive contents greater than 1000 A 2 criterion do… | ||||
| 10:10:2.0.1.1.11.6.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | F | Subpart F—Package, Special Form, and LSA-III Tests | § 71.74 Accident conditions for air transport of plutonium. | NRC | (a) Test conditions—Sequence of tests. A package must be physically tested to the following conditions in the order indicated to determine their cumulative effect. (1) Impact at a velocity of not less than 129 m/sec (422 ft/sec) at a right angle onto a flat, essentially unyielding, horizontal surface, in the orientation (e.g., side, end, corner) expected to result in maximum damage at the conclusion of the test sequence. (2) A static compressive load of 31,800 kg (70,000 lbs) applied in the orientation expected to result in maximum damage at the conclusion of the test sequence. The force on the package must be developed between a flat steel surface and a 5 cm (2 in) wide, straight, solid, steel bar. The length of the bar must be at least as long as the diameter of the package, and the longitudinal axis of the bar must be parallel to the plane of the flat surface. The load must be applied to the bar in a manner that prevents any members or devices used to support the bar from contacting the package. (3) Packages weighing less than 227 kg (500 lbs) must be placed on a flat, essentially unyielding, horizontal surface, and subjected to a weight of 227 kg (500 lbs) falling from a height of 3 m (10 ft) and striking in the position expected to result in maximum damage at the conclusion of the test sequence. The end of the weight contacting the package must be a solid probe made of mild steel. The probe must be the shape of the frustum of a right circular cone, 30 cm (12 in) long, 20 cm (8 in) in diameter at the base, and 2.5 cm (1 in) in diameter at the end. The longitudinal axis of the probe must be perpendicular to the horizontal surface. For packages weighing 227 kg (500 lbs) or more, the base of the probe must be placed on a flat, essentially unyielding horizontal surface, and the package dropped from a height of 3 m (10 ft) onto the probe, striking in the position expected to result in maximum damage at the conclusion of the test sequence. (4) The package must be firmly restrained and supported such that its … | |||||
| 10:10:2.0.1.1.11.6.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | F | Subpart F—Package, Special Form, and LSA-III Tests | § 71.75 Qualification of special form radioactive material. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 80 FR 34013, June 12, 2015] | (a) Special form radioactive materials must meet the test requirements of paragraph (b) of this section. Each solid radioactive material or capsule specimen to be tested must be manufactured or fabricated so that it is representative of the actual solid material or capsule that will be transported, with the proposed radioactive content duplicated as closely as practicable. Any differences between the material to be transported and the test material, such as the use of non-radioactive contents, must be taken into account in determining whether the test requirements have been met. In addition: (1) A different specimen may be used for each of the tests; (2) The specimen may not break or shatter when subjected to the impact, percussion, or bending tests; (3) The specimen may not melt or disperse when subjected to the heat test; (4) After each test, leaktightness or indispersibility of the specimen must be determined by a method no less sensitive than the leaching assessment procedure prescribed in paragraph (c) of this section. For a capsule resistant to corrosion by water, and which has an internal void volume greater than 0.1 milliliter, an alternative to the leaching assessment is a demonstration of leaktightness of × 10 −4 torr-liter/s (1.3 × × 10 −4 atm-cm 3 /s) based on air at 25 °C (77 °F) and one atmosphere differential pressure for solid radioactive content, or × 10 −6 torr-liter/s (1.3 × × 10 −6 atm−cm 3 /s) for liquid or gaseous radioactive content; and (5) A specimen that comprises or simulates radioactive material contained in a sealed capsule need not be subjected to the leaktightness procedure specified in this section, provided it is alternatively subjected to any of the tests prescribed in ISO 9978:1992(E), “Radiation protection—Sealed radioactive sources—Leakage test methods” (incorporated by reference, see § 71.70). (b) Test methods —(1) Impact Test. The specimen must fall onto the target from a height of 9 m (30 ft) or greater in the orientation expected to result in maximum damage.… | ||||
| 10:10:2.0.1.1.11.6.121.6 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | F | Subpart F—Package, Special Form, and LSA-III Tests | § 71.77 Qualification of LSA-III Material. | NRC | (a) LSA-III material must meet the test requirements of paragraph (b) of this section. Any differences between the specimen to be tested and the material to be transported must be taken into account in determining whether the test requirements have been met. (b) Leaching test. (1) The specimen, representing no less than the entire contents of the package, must be immersed for 7 days in water at ambient temperature; (2) The volume of water to be used in the test must be sufficient to ensure that at the end of the test period the free volume of the unabsorbed and unreacted water remaining will be at least 10% of the volume of the specimen itself; (3) The water must have an initial pH of 6-8 and a maximum conductivity 10 micromho/cm at 20 °C (68 °F); and (4) The total activity of the free volume of water must be measured following the 7 day immersion test and must not exceed 0.1 A 2 . | |||||
| 10:10:2.0.1.1.11.7.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.81 Applicability of operating controls and procedures. | NRC | A licensee subject to this part, who, under a general or specific license, transports licensed material or delivers licensed material to a carrier for transport, shall comply with the requirements of this subpart G, with the quality assurance requirements of subpart H of this part, and with the general provisions of subpart A of this part. | |||||
| 10:10:2.0.1.1.11.7.121.10 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.97 Advance notification of shipment of irradiated reactor fuel and nuclear waste. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 67 FR 3586, Jan. 25, 2002; 68 FR 14529, Mar. 26, 2003; 68 FR 23575, May 5, 2003; 68 FR 58818, Oct. 10, 2003; 74 FR 62683, Dec. 1, 2009; 75 FR 73945, Nov. 30, 2010; 77 FR 34204, June 11, 2012; 78 FR 17021, Mar. 19, 2013; 79 FR 75741, Dec. 19, 2014; 80 FR 74981, Dec. 1, 2015; 83 FR 30288, June 28, 2018; 83 FR 58723, Nov. 21, 2018; 85 FR 65663, Oct. 16, 2020] | (a)(1) As specified in paragraphs (b), (c), and (d) of this section, each licensee shall provide advance notification to the governor of a State, or the governor's designee, of the shipment of licensed material, within or across the boundary of the State, before the transport, or delivery to a carrier, for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage. (2) As specified in paragraphs (b), (c), and (d) of this section, after June 11, 2013, each licensee shall provide advance notification to the Tribal official of participating Tribes referenced in paragraph (c)(3)(iii) of this section, or the official's designee, of the shipment of licensed material, within or across the boundary of the Tribe's reservation, before the transport, or delivery to a carrier, for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage. (b) Advance notification is also required under this section for the shipment of licensed material, other than irradiated fuel, meeting the following three conditions: (1) The licensed material is required by this part to be in Type B packaging for transportation; (2) The licensed material is being transported to or across a State boundary en route to a disposal facility or to a collection point for transport to a disposal facility; and (3) The quantity of licensed material in a single package exceeds the least of the following: (i) 3000 times the A 1 value of the radionuclides as specified in appendix A, Table A-1 for special form radioactive material; (ii) 3000 times the A 2 value of the radionuclides as specified in appendix A, Table A-1 for normal form radioactive material; or (iii) 1000 TBq (27,000 Ci). (c) Procedures for submitting advance notification. (1) The notification must be made in writing to: (i) The office of each appropriate governor or governor's designee; (ii) The office of each appropriate Tribal official or Tribal official's designee; and (iii) The Dire… | ||||
| 10:10:2.0.1.1.11.7.121.11 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.99 Violations. | NRC | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; or (iv) Any term , condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | |||||
| 10:10:2.0.1.1.11.7.121.12 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.100 Criminal penalties. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3796, Jan. 26, 2004] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 71 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 71 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 71.0, 71.2, 71.4, 71.6, 71.7, 71.10, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.40, 71.41, 71.43, 71.45, 71.47, 71.51, 71.55, 71.59, 71.65, 71.71, 71.73, 71.74, 71.75, 71.77, 71.99, and 71.100. | ||||
| 10:10:2.0.1.1.11.7.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.83 Assumptions as to unknown properties. | NRC | 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. | |||||
| 10:10:2.0.1.1.11.7.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.85 Preliminary determinations. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 80 FR 34013, June 12, 2015] | Before the first use of any packaging for the shipment of licensed material— (a) The certificate holder shall ascertain that there are no cracks, pinholes, uncontrolled voids, or other defects that could significantly reduce the effectiveness of the packaging; (b) Where the maximum normal operating pressure will exceed 35 kPa (5 lbf/in 2 ) gauge, the certificate holder shall test the containment system at an internal pressure at least 50 percent higher than the maximum normal operating pressure, to verify the capability of that system to maintain its structural integrity at that pressure; (c) The certificate holder shall conspicuously and durably mark the packaging with its model number, serial number, gross weight, and a package identification number assigned by the NRC. Before applying the model number, the certificate holder shall determine that the packaging has been fabricated in accordance with the design approved by the Commission; and (d) The licensee shall ascertain that the determinations in paragraphs (a) through (c) of this section have been made. | ||||
| 10:10:2.0.1.1.11.7.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.87 Routine determinations. | NRC | Before each shipment of licensed material, the licensee shall ensure that the package with its contents satisfies the applicable requirements of this part and of the license. The licensee shall determine that— (a) The package is proper for the contents to be shipped; (b) The package is in unimpaired physical condition except for superficial defects such as marks or dents; (c) Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects; (d) Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid; (e) Any pressure relief device is operable and set in accordance with written procedures; (f) The package has been loaded and closed in accordance with written procedures; (g) For fissile material, any moderator or neutron absorber, if required, is present and in proper condition; (h) 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 § 71.45; (i) The level of non-fixed (removable) radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable, and within the limits specified in DOT regulations in 49 CFR 173.443; (j) External radiation levels around the package and around the vehicle, if applicable, will not exceed the limits specified in § 71.47 at any time during transportation; and (k) Accessible package surface temperatures will not exceed the limits specified in § 71.43(g) at any time during transportation. | |||||
| 10:10:2.0.1.1.11.7.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.88 Air transport of plutonium. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3795, Jan. 26, 2004] | (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, 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 A 2 quantity of plutonium in any isotope or form, and is shipped in accordance with § 71.5; 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) of this section is to be interpreted as removing or diminishing the requirements of § 73.24 of this chapter. (c) For a shipment of plutonium by air which is subject to paragraph (a)(4) of this section, the licensee shall, through special arrangement with the carrier, require compliance with 49 CFR 175.704, U.S. Department of Transportation regulations applicable to the air transport of plutonium. | ||||
| 10:10:2.0.1.1.11.7.121.6 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.89 Opening instructions. | NRC | 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 10 CFR 20.1906(e). | |||||
| 10:10:2.0.1.1.11.7.121.7 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.91 Records. | NRC | [60 FR 50264, Sept. 28, 1995, as amended at 69 FR 3795, Jan. 26, 2004; 80 FR 34013, June 12, 2015] | (a) Each licensee shall maintain, for a period of 3 years after shipment, a record of each shipment of licensed material not exempt under § 71.14, showing where applicable— (1) Identification of the packaging by model number and serial number; (2) Verification that there are no significant defects in the packaging, as shipped; (3) Volume and identification of coolant; (4) Type and quantity of licensed material in each package, and the total quantity of each shipment; (5) 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; (6) Date of the shipment; (7) For fissile packages and for Type B packages, any special controls exercised; (8) Name and address of the transferee; (9) Address to which the shipment was made; and (10) Results of the determinations required by § 71.87 and by the conditions of the package approval. (b) Each certificate holder shall maintain, for a period of 3 years after the life of the packaging to which they apply, records identifying the packaging by model number, serial number, and date of manufacture. (c) The licensee, certificate holder, and an applicant for a CoC, shall make available to the Commission for inspection, upon reasonable notice, all records required by this part. Records are only valid if stamped, initialed, or signed and dated by authorized personnel, or otherwise authenticated. (d) The licensee, certificate holder, and an applicant for a CoC shall maintain sufficient written records to furnish evidence of the quality of packaging. The records to be maintained include results of the determinations required by § 71.85; design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of mai… | ||||
| 10:10:2.0.1.1.11.7.121.8 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.93 Inspection and tests. | NRC | [69 FR 3796, Jan. 26, 2004] | (a) The licensee, certificate holder, and applicant for a CoC shall permit the Commission, at all reasonable times, to inspect the licensed material, packaging, premises, and facilities in which the licensed material or packaging is used, provided, constructed, fabricated, tested, stored, or shipped. (b) The licensee, certificate holder, and applicant for a CoC shall perform, and permit the Commission to perform, any tests the Commission deems necessary or appropriate for the administration of the regulations in this chapter. (c) The certificate holder and applicant for a CoC shall notify the NRC, in accordance with § 71.1, 45 days in advance of starting fabrication of the first packaging under a CoC. This paragraph applies to any packaging used for the shipment of licensed material which has either— (1) A decay heat load in excess of 5 kW; or (2) A maximum normal operating pressure in excess of 103 kPa (15 lbf/in 2 ) gauge. | ||||
| 10:10:2.0.1.1.11.7.121.9 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | G | Subpart G—Operating Controls and Procedures | § 71.95 Reports. | NRC | [69 FR 3796, Jan. 26, 2004, as amended at 75 FR 73945, Nov. 30, 2010; 79 FR 75740, Dec. 19, 2014; 84 FR 65645, Nov. 29, 2019] | (a) The licensee, after requesting the certificate holder's input, shall submit a written report to the Commission of— (1) Instances in which there is a significant reduction in the effectiveness of any NRC-approved Type B or Type AF packaging during use; or (2) Details of any defects with safety significance in any NRC-approved Type B or fissile material packaging, after first use. (3) Instances in which the conditions of approval in the Certificate of Compliance were not observed in making a shipment. (b) The licensee shall submit a written report to the Commission of instances in which the conditions in the certificate of compliance were not followed during a shipment. (c) Each licensee shall submit, in accordance with § 71.1, a written report required by paragraph (a) or (b) of this section within 60 days of the event or discovery of the event. The licensee shall also provide a copy of each report submitted to the NRC to the applicable certificate holder. Written reports prepared under other regulations may be submitted to fulfill this requirement if the reports contain all the necessary information, and the appropriate distribution is made. Using an appropriate method listed in § 71.1(a), the licensee shall report to: ATTN: Document Control Desk, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards. These written reports must include the following: (1) A brief abstract describing the major occurrences during the event, including all component or system failures that contributed to the event and significant corrective action taken or planned to prevent recurrence. (2) A clear, specific, narrative description of the event that occurred so that knowledgeable readers conversant with the requirements of part 71, but not familiar with the design of the packaging, can understand the complete event. The narrative description must include the following specific information as appropriate for the particular event. (i) Status of components or systems that were inoperable at th… | ||||
| 10:10:2.0.1.1.11.8.121.1 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.101 Quality assurance requirements. | NRC | [69 FR 3796, Jan. 26, 2004, as amended at 75 FR 73945, Nov. 30, 2010; 79 FR 75741, Dec. 19, 2014; 80 FR 34013, June 12, 2015; 84 FR 65645, Nov. 29, 2019] | (a) Purpose. This subpart describes quality assurance requirements applying to design, purchase, fabrication, handling, shipping, storing, cleaning, assembly, inspection, testing, operation, maintenance, repair, and modification of components of packaging that are important to safety. As used in this subpart, “quality assurance” comprises all those planned and systematic actions necessary to provide adequate confidence that a system or component will perform satisfactorily in service. Quality assurance includes quality control, which comprises those quality assurance actions related to control of the physical characteristics and quality of the material or component to predetermined requirements. Each certificate holder and applicant for a package approval is responsible for satisfying the quality assurance requirements that apply to design, fabrication, testing, and modification of packaging subject to this subpart. Each licensee is responsible for satisfying the quality assurance requirements that apply to its use of a packaging for the shipment of licensed material subject to this subpart. (b) Establishment of program. Each licensee, certificate holder, and applicant for a CoC shall establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria of §§ 71.101 through 71.137 and satisfying any specific provisions that are applicable to the licensee's activities including procurement of packaging. The licensee, certificate holder, and applicant for a CoC shall execute the applicable criteria in a graded approach to an extent that is commensurate with the quality assurance requirement's importance to safety. (c) Approval of program. (1) Before the use of any package for the shipment of licensed material subject to this subpart, each licensee shall obtain Commission approval of its quality assurance program. Using an appropriate method listed in § 71.1(a), each licensee shall file a description of its quality assurance program, including a discussion of which requireme… | ||||
| 10:10:2.0.1.1.11.8.121.10 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.117 Identification and control of materials, parts, and components. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures for the identification and control of materials, parts, and components. These measures must assure that identification of the item is maintained by heat number, part number, or other appropriate means, either on the item or on records traceable to the item, as required throughout fabrication, installation, and use of the item. These identification and control measures must be designed to prevent the use of incorrect or defective materials, parts, and components. | |||||
| 10:10:2.0.1.1.11.8.121.11 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.119 Control of special processes. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures to assure that special processes, including welding, heat treating, and nondestructive testing are controlled and accomplished by qualified personnel using qualified procedures in accordance with applicable codes, standards, specifications, criteria, and other special requirements. | |||||
| 10:10:2.0.1.1.11.8.121.12 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.121 Internal inspection. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish and execute a program for inspection of activities affecting quality by or for the organization performing the activity, to verify conformance with the documented instructions, procedures, and drawings for accomplishing the activity. The inspection must be performed by individuals other than those who performed the activity being inspected. Examination, measurements, or tests of material or products processed must be performed for each work operation where necessary to assure quality. If direct inspection of processed material or products is not carried out, indirect control by monitoring processing methods, equipment, and personnel must be provided. Both inspection and process monitoring must be provided when quality control is inadequate without both. If mandatory inspection hold points, which require witnessing or inspecting by the licensee's designated representative and beyond which work should not proceed without the consent of its designated representative, are required, the specific hold points must be indicated in appropriate documents. | |||||
| 10:10:2.0.1.1.11.8.121.13 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.123 Test control. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish a test program to assure that all testing required to demonstrate that the packaging components will perform satisfactorily in service is identified and performed in accordance with written test procedures that incorporate the requirements of this part and the requirements and acceptance limits contained in the package approval. The test procedures must include provisions for assuring that all prerequisites for the given test are met, that adequate test instrumentation is available and used, and that the test is performed under suitable environmental conditions. The licensee, certificate holder, and applicant for a CoC shall document and evaluate the test results to assure that test requirements have been satisfied. | |||||
| 10:10:2.0.1.1.11.8.121.14 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.125 Control of measuring and test equipment. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures to assure that tools, gauges, instruments, and other measuring and testing devices used in activities affecting quality are properly controlled, calibrated, and adjusted at specified times to maintain accuracy within necessary limits. | |||||
| 10:10:2.0.1.1.11.8.121.15 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.127 Handling, storage, and shipping control. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures to control, in accordance with instructions, the handling, storage, shipping, cleaning, and preservation of materials and equipment to be used in packaging to prevent damage or deterioration. When necessary for particular products, special protective environments, such as inert gas atmosphere, and specific moisture content and temperature levels must be specified and provided. | |||||
| 10:10:2.0.1.1.11.8.121.16 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.129 Inspection, test, and operating status. | NRC | (a) The licensee, certificate holder, and applicant for a CoC shall establish measures to indicate, by the use of markings such as stamps, tags, labels, routing cards, or other suitable means, the status of inspections and tests performed upon individual items of the packaging. These measures must provide for the identification of items that have satisfactorily passed required inspections and tests, where necessary to preclude inadvertent bypassing of the inspections and tests. (b) The licensee shall establish measures to identify the operating status of components of the packaging, such as tagging valves and switches, to prevent inadvertent operation. | |||||
| 10:10:2.0.1.1.11.8.121.17 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.131 Nonconforming materials, parts, or components. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures to control materials, parts, or components that do not conform to the licensee's requirements to prevent their inadvertent use or installation. These measures must include, as appropriate, procedures for identification, documentation, segregation, disposition, and notification to affected organizations. Nonconforming items must be reviewed and accepted, rejected, repaired, or reworked in accordance with documented procedures. | |||||
| 10:10:2.0.1.1.11.8.121.18 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.133 Corrective action. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures to assure that conditions adverse to quality, such as deficiencies, deviations, defective material and equipment, and nonconformances, are promptly identified and corrected. In the case of a significant condition adverse to quality, the measures must assure that the cause of the condition is determined and corrective action taken to preclude repetition. The identification of the significant condition adverse to quality, the cause of the condition, and the corrective action taken must be documented and reported to appropriate levels of management. | |||||
| 10:10:2.0.1.1.11.8.121.19 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.135 Quality assurance records. | NRC | [80 FR 34014, June 12, 2015] | The licensee, certificate holder, and applicant for a Certificate of Compliance shall maintain sufficient written records to describe the activities affecting quality. These records must include changes to the quality assurance program as required by § 71.106, the instructions, procedures, and drawings required by § 71.111 to prescribe quality assurance activities, and closely related specifications such as required qualifications of personnel, procedures, and equipment. The records must include the instructions or procedures that establish a records retention program that is consistent with applicable regulations and designates factors such as duration, location, and assigned responsibility. The licensee, certificate holder, and applicant for a Certificate of Compliance shall retain these records for 3 years beyond the date when the licensee, certificate holder, and applicant for a Certificate of Compliance last engage in the activity for which the quality assurance program was developed. If any portion of the quality assurance program, written procedures or instructions is superseded, the licensee, certificate holder, and applicant for a Certificate of Compliance shall retain the superseded material for 3 years after it is superseded. | ||||
| 10:10:2.0.1.1.11.8.121.2 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.103 Quality assurance organization. | NRC | [69 FR 3796, Jan. 26, 2004, as amended at 80 FR 34014, June 12, 2015] | (a) The licensee, certificate holder, and applicant for a Certificate of Compliance shall be responsible for the establishment and execution of the quality assurance program. The licensee, certificate holder, and applicant for a Certificate of Compliance may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, or any part of the quality assurance program, but shall retain responsibility for the program. These activities include performing the functions associated with attaining quality objectives and the quality assurance functions. (b) The quality assurance functions are— (1) Assuring that an appropriate quality assurance program is established and effectively executed; and (2) Verifying, by procedures such as checking, auditing, and inspection, that activities affecting the functions that are important to safety have been correctly performed. (c) The persons and organizations performing quality assurance functions must have sufficient authority and organizational freedom to— (1) Identify quality problems; (2) Initiate, recommend, or provide solutions; and (3) Verify implementation of solutions. (d) The persons and organizations performing quality assurance functions shall report to a management level that assures that the required authority and organizational freedom, including sufficient independence from cost and schedule, when opposed to safety considerations, are provided. (e) Because of the many variables involved, such as the number of personnel, the type of activity being performed, and the location or locations where activities are performed, the organizational structure for executing the quality assurance program may take various forms, provided that the persons and organizations assigned the quality assurance functions have the required authority and organizational freedom. (f) Irrespective of the organizational structure, the individual(s) assigned the responsibility for assuring effective execution of any por… | ||||
| 10:10:2.0.1.1.11.8.121.20 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.137 Audits. | NRC | The licensee, certificate holder, and applicant for a CoC shall carry out a comprehensive system of planned and periodic audits to verify compliance with all aspects of the quality assurance program and to determine the effectiveness of the program. The audits must be performed in accordance with written procedures or checklists by appropriately trained personnel not having direct responsibilities in the areas being audited. Audited results must be documented and reviewed by management having responsibility in the area audited. Followup action, including reaudit of deficient areas, must be taken where indicated. | |||||
| 10:10:2.0.1.1.11.8.121.3 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.105 Quality assurance program. | NRC | (a) The licensee, certificate holder, and applicant for a CoC shall establish, at the earliest practicable time consistent with the schedule for accomplishing the activities, a quality assurance program that complies with the requirements of §§ 71.101 through 71.137. The licensee, certificate holder, and applicant for a CoC shall document the quality assurance program by written procedures or instructions and shall carry out the program in accordance with those procedures throughout the period during which the packaging is used. The licensee, certificate holder, and applicant for a CoC shall identify the material and components to be covered by the quality assurance program, the major organizations participating in the program, and the designated functions of these organizations. (b) The licensee, certificate holder, and applicant for a CoC, through its quality assurance program, shall provide control over activities affecting the quality of the identified materials and components to an extent consistent with their importance to safety, and as necessary to assure conformance to the approved design of each individual package used for the shipment of radioactive material. The licensee, certificate holder, and applicant for a CoC shall assure that activities affecting quality are accomplished under suitably controlled conditions. Controlled conditions include the use of appropriate equipment; suitable environmental conditions for accomplishing the activity, such as adequate cleanliness; and assurance that all prerequisites for the given activity have been satisfied. The licensee, certificate holder, and applicant for a CoC shall take into account the need for special controls, processes, test equipment, tools, and skills to attain the required quality, and the need for verification of quality by inspection and test. (c) The licensee, certificate holder, and applicant for a CoC shall base the requirements and procedures of its quality assurance program on the following considerations concerning the complexity and p… | |||||
| 10:10:2.0.1.1.11.8.121.4 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.106 Changes to quality assurance program. | NRC | [80 FR 34014, June 12, 2015] | (a) Each quality assurance program approval holder shall submit, in accordance with § 71.1(a), a description of a proposed change to its NRC-approved quality assurance program that will reduce commitments in the program description as approved by the NRC. The quality assurance program approval holder shall not implement the change before receiving NRC approval. (1) The description of a proposed change to the NRC-approved quality assurance program must identify the change, the reason for the change, and the basis for concluding that the revised program incorporating the change continues to satisfy the applicable requirements of subpart H of this part. (2) [Reserved] (b) Each quality assurance program approval holder may change a previously approved quality assurance program without prior NRC approval, if the change does not reduce the commitments in the quality assurance program previously approved by the NRC. Changes to the quality assurance program that do not reduce the commitments shall be submitted to the NRC every 24 months, in accordance with § 71.1(a). In addition to quality assurance program changes involving administrative improvements and clarifications, spelling corrections, and non-substantive changes to punctuation or editorial items, the following changes are not considered reductions in commitment: (1) The use of a quality assurance standard approved by the NRC that is more recent than the quality assurance standard in the certificate holder's or applicant's current quality assurance program at the time of the change; (2) The use of generic organizational position titles that clearly denote the position function, supplemented as necessary by descriptive text, rather than specific titles, provided that there is no substantive change to either the functions of the position or reporting responsibilities; (3) The use of generic organizational charts to indicate functional relationships, authorities, and responsibilities, or alternatively, the use of descriptive text, provided that there is no sub… | ||||
| 10:10:2.0.1.1.11.8.121.5 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.107 Package design control. | NRC | (a) The licensee, certificate holder, and applicant for a CoC shall establish measures to assure that applicable regulatory requirements and the package design, as specified in the license or CoC for those materials and components to which this section applies, are correctly translated into specifications, drawings, procedures, and instructions. These measures must include provisions to assure that appropriate quality standards are specified and included in design documents and that deviations from standards are controlled. Measures must be established for the selection and review for suitability of application of materials, parts, equipment, and processes that are essential to the functions of the materials, parts, and components of the packaging that are important to safety. (b) The licensee, certificate holder, and applicant for a CoC shall establish measures for the identification and control of design interfaces and for coordination among participating design organizations. These measures must include the establishment of written procedures, among participating design organizations, for the review, approval, release, distribution, and revision of documents involving design interfaces. The design control measures must provide for verifying or checking the adequacy of design, by methods such as design reviews, alternate or simplified calculational methods, or by a suitable testing program. For the verifying or checking process, the licensee shall designate individuals or groups other than those who were responsible for the original design, but who may be from the same organization. Where a test program is used to verify the adequacy of a specific design feature in lieu of other verifying or checking processes, the licensee, certificate holder, and applicant for a CoC shall include suitable qualification testing of a prototype or sample unit under the most adverse design conditions. The licensee, certificate holder, and applicant for a CoC shall apply design control measures to the following: (1) Criticality … | |||||
| 10:10:2.0.1.1.11.8.121.6 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.109 Procurement document control. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures to assure that adequate quality is required in the documents for procurement of material, equipment, and services, whether purchased by the licensee, certificate holder, and applicant for a CoC or by its contractors or subcontractors. To the extent necessary, the licensee, certificate holder, and applicant for a CoC shall require contractors or subcontractors to provide a quality assurance program consistent with the applicable provisions of this part. | |||||
| 10:10:2.0.1.1.11.8.121.7 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.111 Instructions, procedures, and drawings. | NRC | The licensee, certificate holder, and applicant for a CoC shall prescribe activities affecting quality by documented instructions, procedures, or drawings of a type appropriate to the circumstances and shall require that these instructions, procedures, and drawings be followed. The instructions, procedures, and drawings must include appropriate quantitative or qualitative acceptance criteria for determining that important activities have been satisfactorily accomplished. | |||||
| 10:10:2.0.1.1.11.8.121.8 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.113 Document control. | NRC | The licensee, certificate holder, and applicant for a CoC shall establish measures to control the issuance of documents such as instructions, procedures, and drawings, including changes, that prescribe all activities affecting quality. These measures must assure that documents, including changes, are reviewed for adequacy, approved for release by authorized personnel, and distributed and used at the location where the prescribed activity is performed. | |||||
| 10:10:2.0.1.1.11.8.121.9 | 10 | Energy | I | 71 | PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL | H | Subpart H—Quality Assurance | § 71.115 Control of purchased material, equipment, and services. | NRC | (a) The licensee, certificate holder, and applicant for a CoC shall establish measures to assure that purchased material, equipment, and services, whether purchased directly or through contractors and subcontractors, conform to the procurement documents. These measures must include provisions, as appropriate, for source evaluation and selection, objective evidence of quality furnished by the contractor or subcontractor, inspection at the contractor or subcontractor source, and examination of products on delivery. (b) The licensee, certificate holder, and applicant for a CoC shall have available documentary evidence that material and equipment conform to the procurement specifications before installation or use of the material and equipment. The licensee, certificate holder, and applicant for a CoC shall retain, or have available, this documentary evidence for the life of the package to which it applies. The licensee, certificate holder, and applicant for a CoC shall assure that the evidence is sufficient to identify the specific requirements met by the purchased material and equipment. (c) The licensee, certificate holder, and applicant for a CoC shall assess the effectiveness of the control of quality by contractors and subcontractors at intervals consistent with the importance, complexity, and quantity of the product or services. | |||||
| 14:14:2.0.1.2.7.0.1.1 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.1 Applicability. | FAA | [Docket FAA-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | FAA Order JO 7400.11K, Airspace Designations and Reporting Points, dated August 4, 2025, which lists Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points, was approved for incorporation by reference (IBR) by the Director of the Federal Register in accordance with 5U.S.C. 552 (a) and 1 CFR part 51. The approval to incorporate FAA Order JO 7400.11K by reference is effective September 15, 2025, through September 15, 2026. During the incorporation by reference period, proposed changes to the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points will be published in full text as proposed rule documents in the Federal Register, unless there is good cause to forego notice and comment. Amendments to the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points will be published in full text as final rules in the Federal Register. Periodically, the final rule amendments will be integrated into a revised edition of the Order and submitted to the Director of the Federal Register for approval for incorporation by reference in this section. This IBR material is available for inspection at the Federal Aviation Administration (FAA) and at the National Archives and Records Administration (NARA). Contact the FAA at: Rules and Regulations Group, Federal Aviation Administration, 600 Independence Avenue SW, Washington, DC 20597, (202) 267-8783. An electronic version of FAA Order JO 7400.11K is available on the FAA website at www.faa.gov/air_traffic/ publications. Copies of FAA Order JO 7400.11K may be inspected in Docket No. FAA-2025-1763 on www.regulations.gov. For information on the availability of this material at NARA, visit www.archives.gov/federalregister/CFR/IBR-locations or email fr.inspection@nara.gov. | |||||
| 14:14:2.0.1.2.7.0.1.2 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.3 [Reserved] | FAA | |||||||
| 14:14:2.0.1.2.7.0.1.3 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.5 Reporting points. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55268, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40068, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | The reporting points listed in subpart H of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) consist of geographic locations at which the position of an aircraft must be reported in accordance with part 91 of this chapter. | |||||
| 14:14:2.0.1.2.7.0.1.4 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.7 Bearings, radials, and mileages. | FAA | All bearings and radials in this part are true and are applied from point of origin and all mileages in this part are stated as nautical miles. | ||||||
| 14:14:2.0.1.2.7.0.1.5 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.9 Overlapping airspace designations. | FAA | (a) When overlapping airspace designations apply to the same airspace, the operating rules associated with the more restrictive airspace designation apply. (b) For the purpose of this section— (1) Class A airspace is more restrictive than Class B, Class C, Class D, Class E, or Class G airspace; (2) Class B airspace is more restrictive than Class C, Class D, Class E, or Class G airspace; (3) Class C airspace is more restrictive than Class D, Class E, or Class G airspace; (4) Class D airspace is more restrictive than Class E or Class G airspace; and (5) Class E is more restrictive than Class G airspace. | ||||||
| 14:14:2.0.1.2.7.0.1.6 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.11 Air Traffic Service (ATS) routes. | FAA | [Docket FAA-2003-14698, 68 FR 16947, Apr. 8, 2003, as amended by Amdt. 71-33, 70 FR 23004, May 3, 2005] | Unless otherwise specified, the following apply: (a) An Air Traffic Service (ATS) route is based on a centerline that extends from one navigation aid, fix, or intersection, to another navigation aid, fix, or intersection (or through several navigation aids, fixes, or intersections) specified for that route. (b) An ATS route does not include the airspace of a prohibited area. | |||||
| 14:14:2.0.1.2.7.0.1.7 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.13 Classification of Air Traffic Service (ATS) routes. | FAA | [Docket FAA-2003-14698, 68 FR 16947, Apr. 8, 2003] | Unless otherwise specified, ATS routes are classified as follows: (a) In subpart A of this part: (1) Jet routes. (2) Area navigation (RNAV) routes. (b) In subpart E of this part: (1) VOR Federal airways. (2) Colored Federal airways. (i) Green Federal airways. (ii) Amber Federal airways. (iii) Red Federal airways. (iv) Blue Federal airways. (3) Area navigation (RNAV) routes. | |||||
| 14:14:2.0.1.2.7.0.1.8 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | § 71.15 Designation of jet routes and VOR Federal airways. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55268, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40068, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Docket FAA-2019-0627, Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | Unless otherwise specified, the place names appearing in the descriptions of airspace areas designated as jet routes in subpart A of FAA Order JO 7400.11K, and as VOR Federal airways in subpart E of FAA Order JO 7400.11K, are the names of VOR or VORTAC navigation aids. FAA Order JO 7400.11K is incorporated by reference in § 71.1. | |||||
| 14:14:2.0.1.2.7.1.1.1 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | A | Subpart A—Class A Airspace | § 71.31 Class A airspace. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55268, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40068, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | The airspace descriptions contained in § 71.33 and the routes contained in subpart A of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) are designated as Class A airspace within which all pilots and aircraft are subject to the rating requirements, operating rules, and equipment requirements of part 91 of this chapter. | |||
| 14:14:2.0.1.2.7.1.1.2 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | A | Subpart A—Class A Airspace | § 71.33 Class A airspace areas. | FAA | [Amdt. 71-14, 56 FR 65654, Dec. 17, 1991] | (a) That airspace of the United States, including that airspace overlying the waters within 12 nautical miles of the coast of the 48 contiguous States, from 18,000 feet MSL to and including FL600 excluding the states of Alaska and Hawaii. (b) That airspace of the State of Alaska, including that airspace overlying the waters within 12 nautical miles of the coast, from 18,000 feet MSL to and including FL600 but not including the airspace less than 1,500 feet above the surface of the earth and the Alaska Peninsula west of longitude 160°00′00″ West. (c) The airspace areas listed as offshore airspace areas in subpart A of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) that are designated in international airspace within areas of domestic radio navigational signal or ATC radar coverage, and within which domestic ATC procedures are applied. | |||
| 14:14:2.0.1.2.7.2.1.1 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | B | Subpart B—Class B Airspace | § 71.41 Class B airspace. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55268, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40068, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | The Class B airspace areas listed in subpart B of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) consist of specified airspace within which all aircraft operators are subject to the minimum pilot qualification requirements, operating rules, and aircraft equipment requirements of part 91 of this chapter. Each Class B airspace area designated for an airport in subpart B of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) contains at least one primary airport around which the airspace is designated. | |||
| 14:14:2.0.1.2.7.3.1.1 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | C | Subpart C—Class C Airspace | § 71.51 Class C airspace. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55269, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40068, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | The Class C airspace areas listed in subpart C of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) consist of specified airspace within which all aircraft operators are subject to operating rules and equipment requirements specified in part 91 of this chapter. Each Class C airspace area designated for an airport in subpart C of FAA Order JO 7400.11K. (incorporated by reference, see § 71.1) contains at least one primary airport around which the airspace is designated. | |||
| 14:14:2.0.1.2.7.4.1.1 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | D | Subpart D—Class D Airspace | § 71.61 Class D airspace. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55269, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40069, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | The Class D airspace areas listed in subpart D of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) consist of specified airspace within which all aircraft operators are subject to operating rules and equipment requirements specified in part 91 of this chapter. Each Class D airspace area designated for an airport in subpart D of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) contains at least one primary airport around which the airspace is designated. | |||
| 14:14:2.0.1.2.7.5.1.1 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | E | Subpart E—Class E Airspace | § 71.71 Class E airspace. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55269, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40069, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | Class E Airspace consists of: (a) The airspace of the United States, including that airspace overlying the waters within 12 nautical miles of the coast of the 48 contiguous states and Alaska, extending upward from 14,500 feet MSL up to, but not including 18,000 feet MSL, and the airspace above FL600, excluding— (1) The Alaska peninsula west of longitude 160°00′00″ W.; and (2) The airspace below 1,500 feet above the surface of the earth. (b) The airspace areas designated for an airport in subpart E of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) within which all aircraft operators are subject to the operating rules specified in part 91 of this chapter. (c) The airspace areas listed as domestic airspace areas in subpart E of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) which extend upward from 700 feet or more above the surface of the earth when designated in conjunction with an airport for which an approved instrument approach procedure has been prescribed, or from 1,200 feet or more above the surface of the earth for the purpose of transitioning to or from the terminal or en route environment. When such areas are designated in conjunction with airways or routes, the extent of such designation has the lateral extent identical to that of a Federal airway and extends upward from 1,200 feet or higher. Unless otherwise specified, the airspace areas in the paragraph extend upward from 1,200 feet or higher above the surface to, but not including, 14,500 feet MSL. (d) The Federal airways described in subpart E of FAA Order JO 7400.11K (incorporated by reference, see § 71.1). (e) The airspace areas listed as en route domestic airspace areas in subpart E of FAA Order JO 7400.11K (incorporated by reference, see § 71.1). Unless otherwise specified, each airspace area has a lateral extent identical to that of a Federal airway and extends upward from 1,200 feet above the surface of the earth to the overlying or adjacent controlled airspace. (f) The airspace areas listed as offshore air… | |||
| 14:14:2.0.1.2.7.7.1.1 | 14 | Aeronautics and Space | I | E | 71 | PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS | H | Subpart H—Reporting Points | § 71.901 Applicability. | FAA | [Docket 29334, 73 FR 54495, Sept. 22, 2008, as amended by Amdt. 71-40, 73 FR 60940, Oct. 15, 2008; Amdt. 71-41, 74 FR 46490, Sept. 10, 2009; Amdt. 71-42, 75 FR 55269, Sept. 10, 2010; Amdt. 71-43, 76 FR 53329, Aug. 26, 2011; Amdt. 71-44, 77 FR 50908, Aug. 23, 2012; Amdt. 71-45, 78 FR 52848, Aug. 27, 2013; Amdt. 71-46, 79 FR 51888, Sept. 2, 2014; Amdt. 71-47, 80 FR 51937, Aug. 27, 2015; Amdt. 71-48, 81 FR 55372, Aug. 19, 2016; Amdt. 71-49, 82 FR 40069, Aug. 24, 2017; Amdt. 71-50, 83 FR 43757, Aug. 28, 2018; Amdt. 71-51, 84 FR 45652, Aug. 30, 2019; Amdt. 71-52, 85 FR 50780, Aug. 18, 2020; Amdt. 71-53, 86 FR 46963, Aug. 23, 2021; Docket FAA-2022-1022, Amdt. 71-54, 87 FR 54878, Sept. 8, 2022; Docket FAA-2023-1785, Amdt. 71-55, 88 FR 58072, Aug. 25, 2023; Docket FAA-2024-2061, Amdt. 71-56, 89 FR 68339, Aug. 26, 2024; Docket FAA-2025-1763, Amdt. 71-57, 90 FR 41890, Aug. 28, 2025] | Unless otherwise designated: (a) Each reporting point listed in subpart H of FAA Order JO 7400.11K (incorporated by reference, see § 71.1) applies to all directions of flight. In any case where a geographic location is designated as a reporting point for less than all airways passing through that point, or for a particular direction of flight along an airway only, it is so indicated by including the airways or direction of flight in the designation of geographical location. (b) Place names appearing in the reporting point descriptions indicate VOR or VORTAC facilities identified by those names. | |||
| 20:20:1.0.1.6.6.0.155.1 | 20 | Employees' Benefits | I | G | 71 | PART 71—GENERAL PROVISIONS | § 71.1 General administrative provisions. | SSA | (a) Section 5(f) of the War Claims Act of 1948 (act of July 3, 1948; Pub. L. 896, 80th Cong., 62 Stat. 1240) makes provision for the payment of benefits with respect to the injury, disability or death resulting from injury of any civilian American citizen occurring while he was held by or in hiding from the Imperial Japanese Government to the same extent as if such civilian American citizen were an employee within the purview of the act of December 2, 1942 (Pub. L. 784, 77th Cong., 56 Stat. 1028, 42 U.S.C. 1701, et seq. ). Under section 5(f) of the said War Claims Act of 1948, the rights of individuals to benefits payable under this subchapter shall accrue from and after December 7, 1941, subject, however, to all of the provisions of said act and the regulations in this subchapter. (b) The regulations in part 61 of subchapter F of this chapter governing the administration of the benefits provided under titles I and II of the said act of December 2, 1942, as amended, shall, insofar as they are applicable and are not inconsistent with any of the provisions of this subchapter, govern the administration of the benefits payable under this subchapter. Provisions of such regulations relating to benefits for detention by the enemy, reimbursement to an employer or insurance carrier, and limitations on benefits in cases where workmen's compensation is payable are not applicable to the benefits provided in this subchapter nor are they within the purview of this subchapter. The provisions of sections 101(b), 104 and 105 of such act of December 2, 1942, and the various provisions of part 61 of this chapter relating to such provisions, accordingly, are not applicable to the payment of benefits under this subchapter. (c) All rights or benefits under this subchapter which are determinable with reference to other provisions of law other than the said War Claims Act of 1948, shall be determined with reference to such provisions as they existed and were in force on January 3, 1948. (d) As used in this subchapter: (1) The term … | ||||||
| 20:20:1.0.1.6.6.0.155.2 | 20 | Employees' Benefits | I | G | 71 | PART 71—GENERAL PROVISIONS | § 71.2 Computation of benefits. | SSA | (a) For the purpose of determining the benefits under this subchapter, the average weekly wage of any such civilian American citizen, whether employed, self-employed, or not employed, shall be deemed to have been $37.50. The provisions of this subchapter are applicable and benefits are payable whether or not such civilian American citizen was employed. Monthly compensation in cases involving partial disability shall be determined by the percentage which the degree of partial disability bears to total disability, and shall not be determined with respect to the extent of loss of wage-earning capacity. (b) Notwithstanding any of the provisions of part 61 of this chapter, total maximum aggregate compensation for disability payable under this subchapter is limited to $7,500 in case of injury and $7,500 in case of death, such sum being exclusive of medical costs and funeral and burial expenses. | ||||||
| 20:20:1.0.1.6.6.0.155.3 | 20 | Employees' Benefits | I | G | 71 | PART 71—GENERAL PROVISIONS | § 71.3 Deductions from benefits. | SSA | If a civilian American citizen or his dependents receives or has received from the United States any payments on account of the same injury or death, or from his employer in the form of wages or payments in lieu of wages, or in any form of support or compensation (including workmen's compensation) in respect to the same objects, the benefits under this subchapter shall be diminished in the case of an injured person by the amount of payments such injured person received on account of the same injury or disability, or in the case of dependents, by the amount of payments such dependents of the deceased civilian American citizen received on account of the same death, as the case may be. | ||||||
| 20:20:1.0.1.6.6.0.155.4 | 20 | Employees' Benefits | I | G | 71 | PART 71—GENERAL PROVISIONS | § 71.4 Limitation upon benefits. | SSA | No person, except a widow or a child, shall be entitled to benefits under this subchapter for disability with respect to himself and to death benefits on account of the death of another. |
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