§ 5114. Air transportation of ionizing radiation material

Statutory text

Transporting in Air Commerce.—

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.

Procedures.—

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

Nonapplication.—

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 5114
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772
Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
2005
Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
Pub. L. 109–59 title VII § 7126 · 119 Stat. 1144
Substituted · 49 U.S.C. § 5114(b)
Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.
Enacted provision · exact public law section
SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION. Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

2 of 2 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (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”.

Credits

1994–2005 · 2 acts

1994Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772
2005Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.

Show as published

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)