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D.The written instructions required for exclusive use shipments must be sufficient so that, when followed, they will cause the carrier to avoid actions that will unnecessarily delay delivery or unnecessarily result in increased radiation levels or radiation exposures to transport workers or members of the general public.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2104.B and 2113.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 34:2109 (October 2008).

§1514.Assumptions as to Unknown Properties

NOTE: Former §1514 has been repealed.

A.When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or any other pertinent property of fissile material in any package is not known, the licensee shall package the fissile material as if the unknown property has a credible value that will cause the maximum neutron multiplication.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2104.B and 2113.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 34:2110 (October 2008).

§1515.Preliminary Determinations [Formerly §1512.A]

NOTE: Former §1515 has been repealed.

A.Before the first use of any packaging for the shipment of licensed material, the licensee shall:

1.ascertain that there are no cracks, pinholes, uncontrolled voids, or other defects that could significantly reduce the effectiveness of the packaging;
2.where the maximum normal operating pressure will exceed 35 kPa (5 lbs/in2) gauge, 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; and
3.conspicuously and durably mark the packaging with its model number, serial number, gross weight, and a package identification number assigned by the U.S. NRC. Before applying the model number, the licensee shall determine that the packaging has been fabricated in accordance with the design approved by the U.S. NRC.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1268 (June 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2110 (October 2008).

§1516.Routine Determinations [Formerly §1512.B]

NOTE: Former §1516 has moved to §1519.

A.Prior to each shipment of licensed material, the licensee shall ensure that the package with its contents satisfies the applicable requirements of this Chapter and of the license. The licensee shall verify that:

1.the package is proper for the contents to be shipped;
2.the package is in unimpaired physical condition except for superficial defects such as marks or dents;
3.each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects;
4.any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid;
5.any pressure relief device is operable and set in accordance with written procedures;
6.the package has been loaded and closed in accordance with written procedures;
7.for fissile material, any moderator or neutron absorber, if required, is present and in proper condition;
8.any structural part of the package that could be used to lift or tie down the package during transport is rendered inoperable for that purpose unless it satisfies design requirements specified in 10 CFR 71.45;
9.the level of non-fixed (removable) radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable and within the limits specified in U.S. DOT regulations at 49 CFR 173.443;
10.external radiation levels around the package and around the vehicle, if applicable, will not exceed the limits specified in LAC 33:XV.1513 at any time during transportation; and
11.accessible package surface temperatures shall not exceed the limits specified in 10 CFR 71.43(g) at any time during transportation.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1268 (June 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:2110 (October 2008).

§1517.Air Transport of Plutonium [Formerly §1513]

NOTE: Former §1517 has moved to §1599.A.

A.Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this Chapter 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;
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 Table A-2 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC 33:XV.1599.A, and in which the radioactivity is essentially uniformly distributed;
3.the plutonium is shipped in a single package containing not more than an A2 quantity of plutonium in any isotope or form and is shipped in accordance with LAC 33:XV.1504; 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 U.S NRC.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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