paragraph (a) of this section, such packages shall be deemed to have been designed in accordance with a quality assurance program which satisfies the provisions of paragraph (a) of this section.

(c) The provisions of this paragraph deal with packages which have been approved for use in accordance with this part prior to January 1, 1979, have been at least partially fabricated prior to that date, and which have been fabricated in accordance with the provision of this part in effect that at the time of package approval. Notwithstanding the provisions of paragraph (a) of this section, such packages shall be deemed to have been fabricated and assembled in accordance with a quality assurance program which satisfies the provisions of paragraph (a) of this section.

(d) A Commission-approved quality assurance program which satisfies the applicable criteria of Appendix B of Part 50, of this chapter and which is established, maintained, and executed with regard to transport packages shall be deemed to satisfy the requirements of paragraph (a) of this section. (Sec. 62, Pub. L. 83-703, 88-489: 68 Stat. 932, 78 Stat. 602 (42 U.S.C. 2092); sec. 201. Pub. L. 93-438, 88 Stat. 1242 (42 U.S.C. 5841)) [42 FR 39365, Aug. 4, 1977, as amended at 43 FR 27174, June 23, 1978]

$71.52 Assumptions as to unknown properties.

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 such credible values as will cause the maximum nuclear reactivity.

$71.53 Preliminary determinations.

(a) Prior to the first use of any packaging for the shipment of licensed materials, the licensee shall ascertain that there are no cracks, pinholes, uncontrolled voids or other defects which could significantly reduce the effectiveness of the packaging.

(b) Prior to the first use of any packaging for the shipment of licensed materials, where the maximum normal

operating pressure will exceed 5 pounds per square inch gauge, the licensee shall test the containment vessel to assure that it will not leak at an internal pressure 50 percent higher than the maximum normal operating pressure.

(c) Packaging shall be conspicuously and durably marked with its model number. Prior to applying the model number, the licensee shall determine that the packaging has been fabricated in accordance with the design approved by the Commission.

$71.54 Routine determinations.

Prior to each use of a package for shipment of licensed material the licensee shall ascertain that the package with its contents satisfies the applicable requirements of Subpart C of this part and of the license, including determinations that:

(a) The packaging has not been significantly damaged;

(b) Any moderators and nonfissile neutron absorbers, if required, are present and are as authorized by the Commission;

(c) The closure of the package and any sealing gaskets are present and are free from defects;

(d) Any valve through which primary coolant can flow is protected against tampering:

(e) The internal gauge pressure of the package will not exceed, during the anticipated period of transport. the maximum normal operating pres

sure:

(f) Contamination of the primary coolant will not exceed, during the anticipated period of transport, the limits specified in § 71.35(a)(4).

(g) Space provided for contained expansion of liquid coolant or a liquid shielding medium is adequate, and the systems for the liquid coolant and the liquid shielding medium are leaktight.

(h) The pressure relief valve or valves are operable, and set in accordance with written procedures.

(i) The package has been loaded and closed in accordance with written procedures.

The provisions of this section shall not be applicable for packages authorized in the general licenses granted by

(a) The licensee shall maintain for a period of 2 years after its generation a record of each shipment of fissile material or of more than a type A quantity of radioactive material as defined in $71.4(q), in a single package, showing, where applicable:

(1) Identification of the packaging by model number;

(2) Details of any significant defects in the packaging, with the means employed to repair the defects and prevent their recurrence;

(3) Volume and identification of coolant;

(4) Type and quantity of licensed material in each package, and the total quantity in each shipment;

(5) For each item of irradiated fissile material:

(i) Identification by model number; (ii) Irradiation and decay history to the extent appropriate to demonstrate that its nuclear and thermal charac

teristics comply with license conditions;

(iii) Any abnormal or unusual condition relevant to radiation safety. (6) Date of the shipment;

(7) For Fissile Class III, 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 § 71.54.

(b) The licensee shall make available to the Commission for inspection, upon reasonable notice, all records required by this part.

(c) The licensee shall maintain, during the life of the packaging to which they pertain, sufficient quality assurance records to furnish documentary evidence of the quality of packaging components which have safety significance, and of services affecting such quality, including records of the results of the determinations required by $71.53, and of monitoring, inspection and auditing of work performance during the design, fabrication, assembly, maintetesting, modification, nance, and repair of the packaging.

(Sec. 62, Pub. L. 83-703, 88-489; 68 Stat. 932, 78 Stat. 602 (42 U.S.C. 2092); sec. 201. Pub. L. 93-438, 88 Stat. 1242 (42 U.S.C. 5841)) [31 FR 9941. July 22, 1966, as amended at 38 FR 10439. Apr. 27. 1973; 42 FR 39366, Aug. 4. 1977]

$71.63 Inspection and tests.

(a) The licensee shall permit the Commission at all reasonable times to inspect the licensed material, packaging, and premises and facilities in which the licensed material or packaging are used, produced, tested, stored or shipped.

(b) The licensee shall perform, and permit the Commission to perform, such tests as the Commission deems necessary or appropriate for the administration of the regulations in this chapter.

(c) The licensee shall notify the Director of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, at least 45 days prior to fabrication of a package to be used for the shipment, in that

An injunction or other court order may be obtained prohibiting any violation of any provision of the Atomic Energy Act of 1954, as amended, or Title II of the Energy Reorganization Act of 1974, or any regulation or order issued thereunder. A court order may be obtained for the payment of a civil penalty imposed pursuant to section 234 of the Act for violation of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107. or 109 of the Act, or section 206 of the Energy Reorganization Act of 1974, or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license issued thereunder, or for any violation for which a license may be revoked under section 186 of the Act. Any person who willfully violates any provision of the Act

or

any regulation or order issued thereunder may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided by law.

(Sec. 201, Pub. L. 93-438. 88 Stat. 1242 (42 U.S.C. 5841))

[40 FR 8792, Mar. 3, 1975, as amended at 42 FR 25721, May 19, 1977]

NOTE: The reporting and recordkeeping requirements contained in this part have been approved by the General Accounting Office under B-180225 (R0056).

APPENDIX A-NORMAL CONDITIONS OF TRANSPORT

Each of the following normal conditions of transport is to be applied separately to determine its effect on a package.

1. Heat-Direct sunlight at an ambient temperature of 130 F. in still air.

2. Cold-An ambient temperature of 40 F. in still air and shade.

3. Pressure-Atmospheric pressure of 0.5 times standard atmospheric pressure.

4. Vibration-Vibration normally incident to transport.

7. Corner Drop-A free drop onto each corner of the package in succession, or in the case of a cylindrical package onto each quarter of each rim, from a height of 1 foot onto a flat essentially unyielding horizontal surface. This test applies only to packages which are constructed primarily of wood or fiberboard, and do not exceed 110 pounds gross weight, and to all Fissile Class II packagings.

8. Penetration-Impact of the hemispherical end of a vertical steel cylinder 1', inches in 13 diameter and weighing pounds. dropped from a height of 40 inches onto the exposed surface of the package which is expected to be most vulnerable to puncture. The long axis of the cylinder shall be perpendicular to the package surface.

9. Compression-For packages not exceed ing 10.000 pounds in weight, a compressive load equal to either 5 times the weight of the package or 2 pounds per square inch multiplied by the maximum horizontal cross section of the package, whichever is greater. The load shall be applied during a period of 24 hours, uniformly against the top and bottom of the package in the position in which the package would normally be transported.

[31 FR 9941. July 22, 1966, as amended at 33 FR 17623, Nov. 26, 1968]

APPENDIX B-HYPOTHETICAL ACCIDENT CONDITIONS

The following hypothetical accident conditions are to be applied sequentially, in the order indicated, to determine their cumulative effect on a package or array of packages.

1. Free Drop A free drop through a distance of 30 feet onto a flat essentially un

yielding horizontal surface, striking the surface in a position for which maximum damage is expected.

2. Puncture-A free drop through a distance of 40 inches striking, in a position for which maximum damage is expected, the top end of a vertical cylindrical mild steel bar mounted on an essentially unyielding horizontal surface. The bar shall be 6 inches in diameter, with the top horizontal and its edge rounded to a radius of not more than one-quarter inch, and of such a length as to cause maximum damage to the package, but not less than 8 inches long. The long axis of the bar shall be perpendicular to the unyielding horizontal surface.

3. Thermal-Exposure to a thermal test in which the heat input to the package is not less than that which would result from exposure of the whole package to a radiation environment of 1.475 F. for 30 minutes with an emissivity coefficient of 0.9. assuming the surfaces of the package have an absorption coefficient of 0.8. The package shall not be cooled artificially until 3 hours after the test period unless it can be shown that the termperature on the inside of the package has begun to fall in less than 3 hours. 4. Water Immersion (fissile material packages only)-Immersion in water to the extent that all portions of the package to be tested are under at least 3 feet of water for a period of not less than 8 hours.