# § 5114. Air transportation of ionizing radiation material
**(a)** **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.
**(b)** **Procedures.—** The Secretary shall prescribe procedures for monitoring and enforcing regulations prescribed under this section.
**(c)** **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.
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**Source Credit**: (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.)
| 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). substituted “Secretary” for “Secretary of Transportation”.