Page:United States Statutes at Large Volume 101 Part 2.djvu/1046

 101 STAT. 1330-252

PUBLIC LAW 100-203—DEC. 22, 1987

purposes of such subsection in the case of each container determined to be safe. Hr. ', k t. ^2) TESTING.—In order to make a determination with respect to a container under paragraph (1), the Nuclear Regulatory Commission shall— (A) require an actual drop test from maximum cruising altitude of a full-scale sample of such container loaded with test materials; and (B) require an actual crash test of a cargo aircraft fully ''^ . jr . Tij, > >. test material unless the Commission determines, after consultation with an independent scientific review panel, that the stresses on the container produced by other tests used in developing the container exceed the stresses which would occur during a worst case plutonium air shipment accident. (3) LIMITATION.—The Nuclear Regulatory Commission may I y not certify under this section that a container is safe for use in ,;, the transportation of plutonium by aircraft if the container ruptured or released its contents during testing conducted in accordance with paragraph (2). (4) EVALUATION.—The Nuclear Regulatory Commission shall evaluate the container certification required by title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) and fT I 7. V subsection (a) in accordance with the National Environmental ? Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.) and all other applicable law. (c) CONTENT OF CERTIFICATION.—A certification referred to in subsection (a) with respect to a container shall include— (1) the determination of the Nuclear Regulatory Commission as to the safety of such container; (2) a statement that the requirements of subsection (b)(2) were satisfied in the testing of such container; and (3) a statement that the container did not rupture or release its contents into the environment during testing. (d) DESIGN OF TESTING PROCEDURES.—The tests required by subsection (b) shall be designed by the Nuclear Regulatory Commission to replicate actual worst case transportation conditions to the maximum extent practicable. In designing such tests, the Commission shall provide for public notice of the proposed test procedures, provide a reasonable opportunity for public comment on such procei > IB' Si dures, and consider such comments, if any. a o:
 * loaded with full-scale samples of such container loaded with

(e) TESTING RESULTS: REPORTS AND PUBLIC DISCLOSURE.—The Nu-

clear Regulatory Commission shall transmit to Congress a report on the results of each test conducted under this section and shall make such results available to the public. President of U.S.

(f) ALTERNATIVE ROUTES AND M E A N S OF TRANSPORTATION.—With

respect to any shipments of plutonium from a foreign nation to a foreign nation which are subject to United States consent rights contained in an Agreement for Peaceful Nuclear Cooperation, the President is authorized to make every effort to pursue and conclude arrangements for alternative routes and means of transportation, including sea shipment. All such arrangements shall be subject to stringent physical security conditions, and other conditions designed " Copy read "full".

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