Interpretation Response #24-0127
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Eastman Law
Individual Name: Richard Eastman
Location State: CA Country: US
View the Interpretation Document
Response text:
March 31, 2025
Richard Eastman
Counselor at Law
Eastman Law
201 Spear Street, Suite 1100
San Francisco, CA 94105
Reference No. 24-0127
Dear Mr. Eastman:
This letter is in response to your December 18, 2024, email and subsequent email correspondence requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of radioactive materials aboard a passenger-carrying aircraft. As described in your email, your client would like to offer radioactive material contained inside an industrial gauge that is used to measure the depth and density of pavement materials during road construction. Specifically, you ask whether this radioactive material described and classified as "UN3332, Radioactive material, Type A package, special form non fissile or fissile-excepted, 7" may be transported on a passenger-carrying aircraft.
The answer is no. Except as provided in §§ 173.4a, 173.422 and 173.423, a Type A package may only be carried on a passenger-carrying aircraft if it is intended for use in, or incident to, "research" as defined in § 171.8, medical diagnosis, or treatment—see § 175.700(a). The measurement of pavement material during road construction is an industrial activity and is not considered research, medical diagnosis, or treatment for purposes of the HMR. Additionally, your package does not appear to meet the exceptions in §§ 173.4a, 173.422, and 173.423. Therefore, this material is not permitted for transportation on a passenger-carrying aircraft.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
171.8, 173.4a, 173.422 and 173.423, 175.700(a)