§5114 — Title 49 Transportation | U.S. Code

Summary

Radioactive material that gives off ionizing radiation on its own can be carried on passenger airplanes on commercial flights only if it is meant for research or for medical diagnosis or treatment and it does not create an unreasonable risk to health or safety while being packed or flown. The Secretary must set up ways to monitor and enforce these rules. The Secretary can also say that very low‑radioactivity materials that do not pose a significant health or safety risk during transport are not covered.

Title 49, §5114

Transportation — Source: USLM XML via OLRC

(a)Material that emits ionizing radiation spontaneously may be transported on a passenger-carrying aircraft in air commerce (as defined in section 40102(a) of this title) only if the material is intended for a use in, or incident to, research or medical diagnosis or treatment and does not present an unreasonable hazard to health and safety when being prepared for, and during, transportation.

(b)The Secretary shall prescribe procedures for monitoring and enforcing regulations prescribed under this section.

(c)This section does not apply to material the Secretary decides does not pose a significant hazard to health or safety when transported because of its low order of radioactivity.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5114(a)49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, § 108, 88 Stat. 2159; Nov. 16, 1990, Pub. L. 101–615, § 10, 104 Stat. 3259. 5114(b)49 App.:1807(a) (last sentence). 5114(c)49 App.:1807(b) (last sentence). In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words “or combination of materials” are omitted as surplus. In subsection (b), the words “further” and “effective” are omitted as surplus.

Editorial Notes

Amendments

2005—Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.

§5114 Air Transportation of Ionizing Radiation Material