PHMSA Response Letter

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Nov 14, 2007

Mr. Robert Savini
Vice President
Lixi, Inc.
11980 Oak Creek Pkwy.
Huntley, IL 60142

Ref. No. 07-0180

Dear Mr. Savini:

This is in response to your letter dated September 11, 2007 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to excepted packages of radioactive materials transported by aircraft.  Specifically, you ask whether an excepted package of UN 2911 "Radioactive material, excepted package – instruments or articles" may be transported as carry on or checked baggage on board passenger-carrying aircraft. 

Section 175.75 specifies that, except as provided in the HMR, no person may carry a hazardous material in the cabin of a passenger-carrying aircraft or on the flight deck of any aircraft, and the hazardous material must be located in a place that is inaccessible to persons other than crew members.  However, § 173.422 excepts from the provisions of § 175.75 –among others– a package containing a Class 7 material that is prepared for shipments under the requirements found in §§ 173.421, 173.422, 173.424, 173.426, and 173.428.  Therefore, provided these requirements are met, there is nothing in the HMR to prohibit a package of UN 2911 "Radioactive material, excepted package – instruments or articles" from being transported as carry on or checked baggage on board passenger-carrying aircraft.

It should be noted that the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods (ICAO TI) specifically prohibits passengers from carrying excepted radioactive materials in the cabin or in checked baggage (see ICAO TI 8; 1.1.1).  Many commercial airlines follow the International Air Transport Association's (IATA) Dangerous Goods Regulations which are based on the ICAO TI.  Therefore, even in the US, airlines may choose to prohibit the carriage of excepted radioactive materials in the cabin and checked baggage based on these ICAO international regulations or IATA industry standards.

In addition, a US air operator's ability to carry excepted radioactive materials may also be limited by its operations specifications issued by the Federal Aviation Administration (FAA).

I trust this response satisfies your inquiry.

Sincerely,

John A. Gale,
Chief, Standards Development
Office of Hazardous Materials Standards

175.75, 173.422