WAC 246-231-120   Air transport of plutonium.  (1) 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:

     (a) The plutonium is contained in a medical device designed for individual human application; or

     (b) 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 WAC 246-231-200, Table A-2, and in which the radioactivity is essentially uniformly distributed; or

     (c) The plutonium is shipped in a single package containing no more than an A2 quantity of plutonium in any isotope or form, and is shipped in accordance with WAC 246-231-030; or

     (d) 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. Nuclear Regulatory Commission.

     (2) Nothing in subsection (1) of this section is to be interpreted as removing or diminishing the requirements of USNRC regulations 10 CFR 73.24.

     (3) For a shipment of plutonium by air which is subject to subsection (1)(d) of this section, the licensee shall, through special arrangement with the carrier, require compliance with 49 CFR 175.704 USDOT regulations applicable to the air transport of plutonium.



[Statutory Authority: RCW 70.98.050. 08-09-093, § 246-231-120, filed 4/18/08, effective 5/19/08; 99-15-105, § 246-231-120, filed 7/21/99, effective 8/21/99.]