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Interpretation Response #98-0335 ([National Institute of Standards and Technology] [Mr. T.G. Hobbs])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: National Institute of Standards and Technology

Individual Name: Mr. T.G. Hobbs

Location State: MD Country: US

View the Interpretation Document

Response text:

December 28, 1999

 

Mr. T.G. Hobbs                             Ref No. 98-0335   

Chief, Health Physics

National Institute of Standards and Technology

Gaithersburg, MD 20899-0001

Dear Mr. Hobbs:

This is in response to your letter dated November 3, 1998 regarding the transportation of a limited quantity of radioactive material in the cabin of a passenger-carrying aircraft and the definition of the term "research".  I am sorry for the delay and hope this has not caused you any inconvenience.

Section 175.85(a) states that no person may carry a hazardous material in the cabin of a passenger­carrying aircraft.  However, 49 CFR 173.422 excepts from the provisions of 175.85 - among others ­a package containing a Class 7 material that is prepared for shipment under the provisions of 173.421, 173.423, 173.424, 173.426, or 173.428. Therefore, radioactive material which is classed as Class 7 and is prepared for shipment under the provisions of 173.421, 173.423, 173.424, 173.426, or 173.428 may be transported in the cabin of a passenger-carrying aircraft.

Section 171.8 defines "research" as the investigation or experimentation aimed at the discovery of new theories or laws and the discovery and interpretation of facts or revision of accepted theories or laws in the light of new facts.  However, it is the opinion of this Office that "research" does not include the application of existing technology to industrial endeavors.  For example, the use of radioactive material to detect the cracks in oil field pipelines is not considered research but the application of existing scientific knowledge.

I hope this satisfies your request.

Sincerely,

 

Thomas G. Allan

Senior Transportation Regulations Specialist

Office of Hazardous Materials Standards

175.10

Regulation Sections

Section Subject
175.10 Exceptions for passengers, crewmembers, and air operators