167 



comment on any such application, except that 

 nothinp in this sentence shall be deemed to require 

 the release of any information described by sub- 

 section (b) of section 552 of Title 5. or which is 

 otherwise protected by law from disclosure to the 

 public. 



(b) Vessels. 



The Secretary shall exclude, in whole or in part, 

 from any applicable provisions and regulations under 

 this chapter, an.y vessel which is excepted from the 

 application of section 201 of the Ports and Water- 

 ways Safety Act of 1972 by paragraph (2) of such 

 section, or any other vessel regulated under such 

 Act, to the extent of such regulation. 



(c) Firearms and ammunition. 



Nothing in this chapter, or in any regulation is- 

 sued under this chapter, shall be construed to pro- 

 hibit or regulate the transportation by any individ- 

 ual, for personal use, of any firearm fas defined in 

 paragrarh i4) of section 232 of Title 18 > or any 

 ammunition therefor, or to prohibit any transporta- 

 tion of firearms or ammunition in commerce. 



(d) Limitation on authority. 



Except when the Secretary determines that an 

 emergency exists, exemptions or renewals granted 

 pursuant to this section shall be the only means by 

 which a person subject to the requirements of this 

 chapter may be exempted from or relieved of the 

 obligation to meet any requirements imposed under 

 this chapter. <Pub. L. 93-633. title I, § 107, Jan. 3, 

 1975, 88 Stat. 2158.) 



References in Text 



"This chapter", referred to in text, read "this title" In 

 the original, meaning title I of Pub. L. 93-633, the 

 Hazardous Matei'lals Transportation Act. For classlflca- 

 tlon of title I of Pub. L. 93-633 in the Code, see Short 

 Title noie under section 1801 of this title. 



Section 201 of Ports and Waterways Safety Act of 1972. 

 par. (2) of such section, and such Act. referred to In 

 subsec. (b), are references to Pub. L. 93-340, the Ports 

 and Waterways Safety Act of 1972. Such Act enacted, 

 chapter 25 (section 1221 et seq.) of Title 33, Navigation 

 and Navigable Waters, and amended section 391a of Title 

 46. Sl-.;ppi;iy. Section 201 oj the Act is classified to section 

 .191a cf Title 4u. P.ir. i2i of such section 201 is classifled 

 to par. (2) of section 391a of Title 46. 



Effective Date: Continuance of Prior Provisions; Two 

 Year Limitation After Jan. 3. 1975, for Ahrance- 

 menis. i.vcludint. licences. etc.. to comply with 

 Pub. L. 93-633: Pending Proceedings Unaffected 

 Section effective Jan. 3. 1975, except as otherwise pro- 

 vided, .see section 114 of Pvib. L. 93-633. set out as a note 

 under section 1801 of this title. 



§ 1807. Transportation of radioactive materials in 

 passenger-carrying aircraft. 



(a) General. 



Within 120 days after January 3, 1975. the Sec- 

 retary shall issue regulations, in accordance with 

 this section and pursuant to section 1804 of this title, 

 with respect to the transportation of radioactive 

 materials on any pas.sengcr-carrying aircraft in air 

 commerce, as defined in section 1301 (4 » of this title. 

 Such regulations shall proliibit any transportation 

 of radioactive materials on any such aircraft unless 

 the radioactive materials involved are intended for 

 use in. or incident to, research, or medical diagnosis 



or treatment, sc long as such materials as prepared 

 for and during transportation do not pose an unrea- 

 sonable hazard to health and safety. The Secretary 

 shall further establish effective procedures for moni- 

 toring and enforcing the provisions of such regula- 

 tions. 



(b) Definition. 



As used in this section, "radioactive materials" 

 means any materials or combination of materials 

 which spontaneously emit ionizing radiation. The 

 term does not include materials in which (1) the 

 estimated specific activity is not greater than 0.002 

 microcuries per gram of material: and (2) the radia- 

 tion distributed in an essentially uniform manner. 

 (Pub. L. 93-633. title I. § 108, Jan. 3. 1975. 88 Stat. 

 2159.) 



Effective Date; Continuance op Prior Provisions: Two 



Year Limitation .\T:rr. .1\s Z. Ii75. roi; .Ai'i!\ni-E4if.nts. 



Including Licenses, etc.. to Comply With Pue. L. 93- 



633: Pending Proceedings Unaffected 



Section effective Jan. 3, 1975. except as otherwise' pro- 

 vided, see section 114 of Pub. L. 93-633. set out as a note 

 under section 1801 of this title. 



§ 180S. Powers and duties of Secretary. 



(a) General. 



The Secretary is authorized to the extent neces- 

 sary to carry out his responsibilities under this chap- 

 ter, to conduct investigations, make reports, issue 

 subpoenas, conduct hearings, require the production 

 of relevant documents, records, and property, take 

 depositions, and conduct, directly or indirectly, re- 

 search, development, demonstration, and training 

 activities. The Secretary is further authorized, after 

 notice and an opportunity for a hearing, to issue 

 orders directing compliance with this chapter or 

 regulations issued under this chapter: the district 

 courts of the United States shall have jurisdiction, 

 upon petition by the Attorney General, to enforce 

 such orders by appropriate means. 



(b) Records. 



Each person subject to requirements under this 

 chapter shall establish and maintain such records, 

 make such reports, and provide such information as 

 the Secretary shall by order or regulation prescribe, 

 and shall submit such reports and shall make such 

 records and information available as the Secretary 

 may request. 



(c> Inspection. 



The Secretary may authorize any ofiBcer. employee, 

 or agent to enter upon, inspect, and examine, at 

 reasonable times and in a reasonable manner, the 

 records and properties of persons to the extent such 

 records and properties relate to — 



(1) the manufacture, fabrication, marking, 

 maintenance, reconditioning, repair, testing, or 

 distribution of packages or containers for use by 

 any person in the transportation of hazardous 

 materials in commerce; or 



(2) the transportation or shipment by any per- 

 son of hazardous materials in commerce. 



Any such officer, employee, or agent shall, upon re- 

 quest, display proper credentials. 



