---
kind: "section"
citation: "49 U.S.C. § 5114"
title: "49"
title_heading: "Transportation"
number: "5114"
heading: "Air transportation of ionizing radiation material"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5114"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 51 — Transportation of Hazardous Material"
---

# §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](/usc/49/5102.md?p=1) (as defined in [section 40102(a) of this title](/usc/49/40102.md?p=a)) 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](/usc/49/5102.md?p=11) shall prescribe procedures for monitoring and enforcing [regulations](/usc/49/5302.md?p=16) prescribed under this section.
- (c) **Nonapplication.—** This section does not apply to material the [Secretary](/usc/49/5102.md?p=11) decides does not pose a significant hazard to health or safety when transported because of its low order of radioactivity.

## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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”.