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1974 - November DOT Ord. & Dec. [1] (November, 1974)

handle is hein.usfed/dotod0698 and id is 1 raw text is: 



Order 74-11-1


                         UNITED STATES OF AMERICA
                         CIVIL AERONAUTICS BOARD
                            WASHINGTON, D. C.

                  Adopted by the Civil Aeronautics Board
                    at its office in Washington, D. C.
                      on the 1st day of November, 1974          -


Non-acceptance of certain radioactive
materials proposed by                                 Dockets 27090
                                                              26946
     TRANS WORLD AIRLINES, INC.


                                   ORDER

     By tariff revisionsl/ issued October 4 and marked to become effective
November 3, 1974, Trans World Airlines, Inc. (TWA) proposes to establish
a provision that Category III radioactive shipments exceeding external
radiation dose rates of either 3.0 millirems per hour at a distance of 40
inches from the center of the package, or 100 millirems per hour at any point
on the external surface of the package, with the exception of Category III
pharmaceuticals, will not be accepted on passenger aircraft.2!

     A complaint requesting rejection has been filed by Mr. William A.
Brobst, Chief, Transportation Branch, Division of Waste Management and
Transportation, Atomic Energy Commission   The complaint alleges,
inter alia, that the Board, in its Orders 74-6-77 and 74-7-59, rejected
tariff provisions and an embargo notice which pertained to restricted
carriage of certain categories of radioactive materials on passenger air-
craft; that tariff restrictions or embargoes are not the proper instrumentalities
for producing the necessary safety; and that the Federal Aviation Administra-
tion (FAA) plans to issue a notice of proposed rulemaking in this regard in
the near future, and TWA's action preempts FAA's rulemaking action and denies
interested shippers an opportunity to express their views on the safety impli-
cations of the proposal.

     In support of its proposal and in answer to the complaint, TWA asserts,
inter alia, that it is filing this proposal as an interim measure pending
completion of FAA's pending Notice of Proposed Rulemaking on this subject;


1/  Revisions to Airline Tariff Publishers, Inc., Agent, Tariff C.A.B. No. 82.
2/  Category III radioactive materials have a dose rate ranging between  .5
    and 10.0 millirems per hour at approximately 40 inches from the package.
    A millirem is a measure of radiation dose rate.

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