National security exemption.
10 C.F.R. § 871.1
in effectEffective: 2024-07-01(a) The following DOE air shipments of plutonium are considered as being made for the purposes of national security within the meaning of section 502(2) of Public Law 94-187:
(1) Shipments made in support of the development, production, testing, sampling, maintenance, repair, modification, or retirement of atomic weapons or devices;
(2) Shipments made pursuant to international agreements for cooperation for mutual defense purposes; and
(3) Shipments necessary to respond to an emergency situation involving a possible threat to the national security.
(b) The Deputy Administrator for Defense Programs may authorize air shipments falling within paragraph (a)(1) of this section, on a case-by-case basis: Provided, That the Deputy Administrator for Defense Programs determines that such shipment is required to be made by aircraft either because:
(1) The delay resulting from using ground transportation methods would have serious adverse impact upon a national security requirement;
(2) Safeguards or safety considerations dictate the use of air transportation;
(3) The nature of the item to be shipped necessitates the use of air transportation in order to avoid possible damage which may be expected from other available transportation environments; or
(4) The nature of the item being shipped necessitates rapid shipment by air in order to preserve the chemical, physical, or isotopic properties of the item.
Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-10.xmlFetched: 7/26/2026
