- (a) For shipments of category 1 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in He-P 4038.25(a) and (e); He-P 4038.26; He-P 4038.27(a)(1), (b)(1), and (c); and He-P 4038.28(a), (c), (e), (g), and (h).
- (b) For shipments of category 2 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in He-P 4038.25(b) through (e); He-P 4038.27(a)(2), (a)(3), (b)(2), and (c); and He-P 4038.28(b), (d), (f), (g), and (h). For those shipments of category 2 quantities of radioactive material that meet the criteria of the Nuclear Regulatory Commission 10 CFR 71.97(b).
- (c) The shipping licensee shall comply with He-P 4038.23 through He-P 4038.28 unless the receiving licensee has agreed in writing to arrange for the in-transit physical protection required under He-P 4038.23 through He-P 4038.28.
- (d) Each licensee that imports or exports category 1 quantities of radioactive material shall comply with the requirements for physical protection during transit contained in He-P 4038.25(a)(2) and (e); He-P 4038.26; He-P 4038.27(a)(1), (b)(1), and (c); and He-P 4038.28(a), (c), (e), (g), and (h) for the domestic portion of the shipment.
- (e) Each licensee that imports or exports category 2 quantities of radioactive material shall comply with the requirements for physical protection during transit contained in He-P 4038.27(a)(2), (a)(3), and (b)(2); and He-P 4038.28(b), (d), (f), (g), and (h) for the domestic portion of the shipment.
Source. #11105, eff 5-25-16; ss by #12744, eff 3-20-19