NTSB · Safety Recommendation
Safety Recommendation A-74-026
Recommendation
INSTITUTE RULEMAKING TO REQUIRE THAT AIR CARRIERS NOTIFY THE SHIPPER AND THE FAA WHEN A SHIPMENT, OR ITS DOCUMENTATION, DEVIATES IN ANY MANNER FROM FEDERAL OR AIR CARRIER REGULATIONS. FURTHER, REQUIRE THAT WHEN NONCONFORMING SHIPMENTS ARE DETECTED BY THE AIR CARRIER, THEY MAY NOT BE MOVED UNTIL THE DEFICIENCY IS REMEDIED, OR THE TRANSPORTATION OF THE DEFICIENT PACKAGES-- WITH PRESCRIBED SAFETY CONTROLS-- IS AUTHORIZED BY THE COGNIZANT FEDERAL AGENCY. THE DEFICIENCIES SHOULD BE ENTERED ON THE SHIPPING DOCUMENTS, A COPY OF WHICH SHOULD BE RETAINED BY THE CARRIER AND BE MADE AVAILABLE TO THE COGNIZANT FEDERAL AGENCY.
Safety Issue and Context
ON FEBRUARY 11, 1974, THE NATIONAL TRANSPORTATION SAFETY BOARD CONCLUDED ITS PUBLIC HEARING INTO THE PAN AMERICAN WORLD AIRWAYS ACCIDENT WHICH OCCURRED ON NOVEMBER 3, 1973. THE AIRCRAFT WAS A JET-FREIGHTER CARRYING NEARLY 16,000 POUNDS OF RESTRICTED CARGO.
Response History
October 2, 1987 · NTSB Correspondence · FAA
Closed--acceptable alternate action.
October 2, 1987 · Recipient Response · FAA
THE PURPOSE OF THIS EVALUATION AND THE ATTACHED "NO MAIL CONTROL" LETTER IS TO BRING THIS 13 YEAR RECOMMENDATION TO A FINAL CLOSE.
November 24, 1978 · Recipient Response · FAA
Ltr from dot in response to ntsb 10/30/78 letter to dot: the materials transportation bureau now has the responsibility for rulemaking in this area, and in conjunction with the faa has completed a review of current regulations (federal air regulations and the hazardous materials trans- portation regulations) that pertain to the transportation of hazardous materials by aircraft. As a result of this action, an nprm will be published within the next 60 days. A portion of this rulemaking action will relate to recommendation a-74-26.
March 29, 1974 · Recipient Response · FAA
FAA LTR: THE RECOMMENDATION THAT AIR CARRIERS NOTIFY THE SHIPPER AND FAA WHEN A SHIPMENT OR ITS DOCUMENTATION IS IN NON-COMPLIANCE HAS MERIT. ACCORDINGLY, THEY WILL INITIATE A RULES PROJECT IN THIS REGARD. PART 103 PRESENTLY PROHIBITS AIR CARRIERS FROM CARRYING HAZARDOUS MATERIALS THAT ARE NOT PACKED, MARKED, AND LABELED IN ACCORDANCE WITH THE PROVISIONS OF 49 CFR PART 173 FOR SHIPMENT BY RAIL EXPRESS (SECTIONS 103.7 AND 103.9). THEREFORE, FURTHER RULEMAKING ACTION ON THIS ASPECT OF THE BOARD'S RECOMMENDATION APPEARS UNNECESSARY.