Safety Recommendation A-96-026

The Safety Board notes that on October 7, 2005, the FAA published its final rule to revise 14 Code of Federal Regulations Parts 119, 121, 135, and 145, "Hazardous Materials Training Requirements." The rule amends the current air carrier hazardous materials manual requirements and training requirements and mandates that repair stations provide documentation showing that personnel handling hazardous materials have been trained as required by the Department of Transportation's Hazardous Materials Regulations. Issuance of this final rule meets the intent of Safety Recommendations A-96-26 and A-97-73, which are classified "Closed-Acceptable Action."

Letter Mail Controlled 11/30/2005 11:34:28 AM MC# 2050551 Marion C. Blakey, Administrator, FAA, 11/17/05 The Federal Aviation Administration published its final rule on October 7, 2005, to revise 14 CFR Parts 119, 121, 135, and 145 Hazardous Materials Training Requirements. The final rule amends the current air carrier hazardous material manual requirements and training requirements for certain air carrier and commercial operators. The final rule also requires that certain repair stations provide documentation showing that persons handling hazardous materials for transportation have been trained as required by the Department of Transportation's Hazardous Materials Regulations.

The final rule sets clear hazardous materials training standards and ensures uniform compliance with hazardous materials training requirements. I have enclosed a copy of the final rule for the Board's information. I believe that the FAA has satisfactorily responded to these safety recommendations, and I look forward to your response.

In its 2/28/2005 report to Congress, "Open Statutory Mandates Regarding Pipeline and Hazardous Materials Safety," the DOT wrote: NPRM published on May 8, 2003. Final rule was drafted and sent to the office of the Secretary of Transportation (OST) for clearance. FAA is incorporating OST’s amendments and will issue it by March 31, 2005.

Notation 6704C: The National Transportation Safety Board has reviewed the Federal Aviation Administration’s (FAA’s) notice of proposed rulemaking (NPRM), “Hazardous Materials Training Requirements,” Docket No. FAA-2003-15085, which was published at 68 Federal Register 24811 on May 8, 2003. The Board notes that the proposed rulemaking addresses issues that pertain to Safety Recommendations A-96-26 and A-97-73, which were issued as a result of the Safety Board’s investigation of the crash of ValuJet flight 592 in the Florida Everglades on May 11, 1996.

Safety Recommendation A-96-26 called for the FAA to require all air carriers, based on the results of a previously completed evaluation, to revise as necessary their practices and training for accepting passenger baggage and freight shipments and for identifying undeclared or unauthorized hazardous materials that are offered for transport.

The Safety Board notes that the proposed new rule would amend the operating requirements and standardize hazardous materials training requirements for all passenger air carriers regulated under 14 Code of Federal Regulations (CFR) Part 121 (passenger air carriers operating aircraft with 60 or more seats) and 14 CFR Part 135 (passenger air carriers operating aircraft with fewer than 60 seats). According to the NPRM, if the proposed rule is adopted, each Part 121 and Part 135 carrier will be required to specifically state in its operations manual whether the carrier will carry hazardous materials.

The carrier will then be required to train its employees who perform or supervise transportation-related functions, such as flight and cabin crews, baggage handlers, and ticket agents. The proposed rule would also establish separate training curricula for both

"NTSB(SR-10) staff noted that FAA published NPRM in Federal Register this date proposing new Hazardous Materials Training Requirements for Part 121 and 135 air carriers and part 145 repair stations. Cutoff date for comments is July 7, 2003. Proposed implementation schedule is 15 months after publishing final rule."

AS NOTED IN ITS 8/1/97, LETTER, THE SAFETY BOARD WOULD PREFER THAT ALL AIR CARRIER PROGRAMS BE EVALUATED IN THIS VERY CRITICAL AREA. HOWEVER, A REVIEW OF THE HAZMAT PROCEDURE MANUALS PRODUCED BY THE FAA AS A RESULT OF THEIR ANALYSIS INDICATES THAT, WHEN APPLIED TO ALL CARRIERS, THERE SHOULD BE A SIGNIFICANT IMPROVEMENT IN SAFETY. IT IS OUR UNDERSTANDING THAT ANY AIR CARRIER THAT TRANSPORTS HAZMAT AS EITHER "WILL CARRY," OR "WILL NOT CARRY," CERTIFICATE HOLDERS MUST HAVE THE APPROPRIATE PRINCIPAL OPERATIONS INSPECTOR APPROVE AND INSPECT ITS OPERATIONS, AS NOTED IN THE OPERATIONS MANUAL.

BECAUSE THE FAA'S RANDOM SAMPLING PROVIDED ADEQUATE DATA TO DETERMINE HOW AIR CARRIERS' HAZMAT PRACTICES AND TRAINING NEEDED TO BE REVISED, A-96-25 IS CLASSIFIED "CLOSED--ACCEPTABLE ALTERNATE ACTION." PENDING COMPLETION OF THE FAA'S PROPOSED ACTIONS RESULTING FROM THIS DATA, A-96-26 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

Letter Mail Controlled 3/1/99 13:06:18 PM MC# 990183: The Federal Aviation Administration (FAA) has developed and distributed a standardized hazmat procedures manual with training guidelines for "will not carry" certificate holders and a corresponding manual for "will carry" certificate holders. These manuals provide guidance and establish a model program to ensure that those certificate holders who adopt the program are in compliance with 49 CFR Parts 171 through 180. Both manuals are advisory in nature and contain guidance to assist air carriers in training personnel in the recognition of dangerous goods. I have enclosed copies of the manuals for the Board's information.

The FAA is also developing changes to make 14 CFR Parts 121 and 135 hazmat training requirements for certificate holders with a "will not carry" hazmat program consistent with guidelines contained in the hazmat procedures manual described above. These changes would clarify existing language in both 14 CFR Parts 121, 125, and 135 to the effect that "will not carry" certificate holders would be required to provide hazmat recognition training to persons under the operational control of the certificate holder. This would include baggage handlers, cargo loaders, and contractors who provide such services.

I will keep the Board apprised of the FAA's progress on this safety recommendation.

Letter Mail Controlled 6/8/98 3:43:00 PM MC# 980734 THE FAA HAS DEVELOPED AND DISTRIBUTED A STANDARDIZED HAZMAT PROCEDURES MANUAL WITH TRAINING GUIDELINES FOR "WILL NOT CARRY" CERTIFICATE HOLDERS AND A CORRESPONDING MANUAL FOR "WILL CARRY" CERTIFICATE HOLDERS. THESE MANUALS PROVIDE GUIDANCE AND ESTABLISH A MODEL PROGRAM TO ENSURE THAT THOSE CERTIFICATE HOLDERS WHO ADOPT THE PROGRAM ARE IN COMPLIANCE WITH 49 CFR PARTS 171 THROUGH 180. BOTH MANUALS ARE ADVISORY IN NATURE AND CONTAIN GUIDANCE TO ASSIST AIR CARRIERS IN TRAINING PERSONNEL IN THE RECOGNITION OF DANGEROUS GOODS. I HAVE ENCLOSED COPIES OF THE MANUALS FOR THE BOARD'S INFORMATION.

THE FAA IS ALSO DEVELOPING CHANGES TO MAKE 14 CFR PARTS 121 AND 135 HAZMAT TRAINING REQUIREMENTS FOR CERTIFICATE HOLDERS WITH A "WILL NOT CARRY" HAZMAT PROGRAM CONSISTENT WITH GUIDELINES CONTAINED IN THE HAZMAT PROCEDURES MANUAL DESCRIBED ABOVE. THESE CHANGES WOULD CLARIFY EXISTING LANGUAGE IN BOTH 14 CFR PARTS 121, 125, AND 135 TO THE EFFECT THAT "WILL NOT CARRY" CERTIFICATE HOLDERS WOULD BE REQUIRED TO PROVIDE HAZMAT RECOGNITION TRAINING TO PERSONS UNDER THE OPERATIONAL CONTROL OF THE CERTIFICATE HOLDER. THIS WOULD INCLUDE BAGGAGE HANDLERS, CARGO LOADERS, AND CONTRACTORS WHO PROVIDE SUCH SERVICES.

THE BOARD UNDERSTANDS THAT THE FAA IS COMMITTED TO REVISING, AS NECESSARY, ANY PRACTICES AND TRAINING FOR ACCEPTING PASSENGER BAGGAGE AND FREIGHT SHIPMENTS DETERMINED TO BE INADEQUATE, BASED ON THE EVALUATIONS PERFORMED UNDER A-96-25 WE URGE THE FAA TO EXPEDITE ITS EFFORTS WITH THE AIR CARRIERS ALREADY EVALUATED AND TO CONTINUALLY EXPAND ITS PROGRAM AS FAA STAFF COMPLETE OTHER EVALUATIONS. THE BOARD ALSO NOTES THAT THE FAA HAS INITIATED A NUMBER OF OTHER MEASURES TO ADDRESS UNDECLARED HAZARDOUS MATERIALS INDEPENDENT OF THE REVIEW AND REVISION OF AIR CARRIERS' PRACTICES AND TRAINING.

SOME OF THE INITIATIVES INCLUDE INCREASING THE HAZARDOUS MATERIALS INSPECTION STAFF, PRODUCING A TRAINING VIDEO, AND DEVELOPING A DATA BASE TO HELP IDENTIFY PROBLEM AREAS. PENDING COMPLETION OF THE EVALUATION AND REVISION PROCESS RECOMMENDATION A-96-26 REMAINS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

THE FAA HAS COMPLETED PHASE I OF ITS EVALUATION & REVIEWED 215 AIR CARRIERS CERTIFIED UNDER 14 CFR PARTS 121, 125, AND 135. THE 215 AIR CARRIERS SURVEYED INCLUDED THOSE THAT ACCEPT HAZARDOUS MATERIALS FOR TRANSPORTATION AND THOSE THAT DO NOT. THE FAA HAS INITIATED PHASE II OF THE EVAUATION WHICH CONSISTS OF A FOLLOW-UP FIELD INSPECTION OF THOSE CARRIERS TO VERIFY THAT THE AIR CARRIERS WHICH HAVE PROCEDURE CONSISTS OF A FOLLOW-UP FIELD INSPECTION OF THOSE CARRIERS TO VERIFY THAT THE AIR CARRIERS WHICH HAVE PROCEDURES IN THEIR MANUALS ARE FOLLOWING THESE PROCEDURES. IT IS ANTICIPATED THAT PHASE II WILL BE COMPLETED BY 5/1/97.

BASED ON THE OUTCOME OF PHASE II, THE FAA WILL HAVE ALL OF THE NECESSARY INFO TO RECOMMEND APPROPRIATE ACTIONS TO CORRECT ANY NOTED DEFICIENCIES AND TO ADDRESS THE ISSUES OUTLINED IN THESE RECOMMENDATIONS. IN THE MEANTIME, HOWEVER, THE FAA HAS TAKEN A NUMBER OF ACTIONS TO IMPROVE PROCEDURES FOR IDENTIFYING UNDECLARED HAZARDOUS MATERIALS, PARTICULARLY THOSE THAT ARE CARRIED IN COMAT. THE FAA HAS: LAUNCHED A NEW DANGEROUS GOODS & CARGO SECURITY PROGRAM, WITH $13 MILLION IN FUNDING. THE NEW PROGRAM RECEIVED APPROVAL FOR 118 FULL-TIME DANGEROUS GOODS/CARGO SECURITY FAA INSPECTORS AND 12 ATTORNEY POSITIONS.

HIRING AND TRAINING ARE ON TARGET, AND THE FIRST INTENSIVE AIR CARRIER INSPECTIONS BEGAN ON 2/1/97. THE INSPECTION AND INSPECTION/INCIDENT DATA BASE TO PROVIDE TREND ANALYSIS FOR TARGETING INSPECTION AND OUTREACH EFFORTS TO DETER AND INTERDICT UNAUTHORIZED SHIPMENTS OF HAZARDOUS MATERIALS. ANNOUNCED ITS POLICY TO THE SHIPPING COMMUNITY OF PUBLICIZING PROPOSED CIVIL PENALTY CASES OVER $50,000 WHERE PARTICULARLY DANGEROUS SHIPMENTS WERE INVOLVED. TO DATE, TWO SUCH VIOLATIONS WERE PUBLICIZED.

PROPOSED A CLARIFICATION IN THE "HAZARDOUS MATERIALS TRANSPORTATION SAFETY REAUTHORIZATION ACT OF 1997" OF THE FAA'S AUTHORITY TO OPEN SUSPECT PACKAGES WHEN THERE IS A REASONABLE BELIEF THAT THE PACKAGE CONTAINS A HAZARDOUS MATERIAL. IN COOPERATION WITH RSPA, PRODUCED A TRAINING VIDEO TO PROVIDE GUIDANCE FOR AIR CARRIERS AND SHIPPERS, EMPHASIZING THEIR LEGAL RESPONSIBILITIES FOR SAFE PREPARATION AND TRANSPORTATION OF HAZARDOUS MATERIALS. IN CONJUNCTION WITH RSPA, DESIGNED AND DEVELOPED A PASSENGER INFO BROCHURE ENTITLED "THESE FLY, THESE MAY NOT." THE BROCHURE PROVIDES INFO REGARDING RESTRICTED HAZARDOUS MATERIALS.

OVER 5 MILLION COPIES WERE DISTRIBUTED TO PASSENGERS, TRAVEL AGENCIES, SHIPPERS, U.S. AND FOREIGN AIR CARRIERS, AND MULTINATIONAL CHEMICAL AND PHARMACEUTICAL MANUFACTURERS. ASSISTED THE AIR TRANSPORT ASSOCIATION IN DEVELOPING AND PRESENTING ITS HAZMAT/COMAT WORKSHOP. THE WORKSHOP WAS ATTENDED BY 200 AIR CARRIER, FREIGHT FORWARDER, AND SHIPPER PERSONNEL. THE FAA IS TAKING ADDITIONAL INITIATIVES TO ADDRESS THE TRANSPORTATION OF HAZARDOUS MATERIALS, SPECIFICALLY THE FAA IS: DEVELOPING PROTOCOLS FOR MORE AGGRESSIVE INSPECTION OF REPAIR STATIONS AND FREIGHT FORWARDERS. THE FAA PLANS TO IMPLEMENT THE PROTOCOLS AT REPAIR STATIONS BY AUGUST 1997 AND AT FREIGHT FORWARDERS BY SEPTEMBER 1997.

THE FAA HAS COMPLETED PHASE I OF ITS EVALUATION AND REVIEWED 215 AIR CARRIERS CERTIFIED UNDER 14 CFR PARTS 121, 125, AND 135. THE 215 AIR CARRIERS SURVEYED INCLUDED THOSE THAT ACCEPT HAZARDOUS MATERIALS FOR TRANSPORTATION AND THOSE THAT DO NOT. THE FAA HAS INITIATED PHASE II OF THE EVAUATION WHICH CONSISTS OF A FOLLOW-UP FIELD INSPECTION OF THOSE CARRIERS TO VERIFY THAT THE AIR CARRIERS WHICH HAVE PROCEDURE CONSISTS OF A FOLLOW-UP FIELD INSPECTION OF THOSE CARRIERS TO VERIFY THAT THE AIR CARRIERS WHICH HAVE PROCEDURES IN THEIR MANUALS ARE FOLLOWING THESE PROCEDURES. IT IS ANTICIPATED THAT PHASE II WILL BE COMPLETED BY 5/1/97.

BASED ON THE OUTCOME OF PHASE II, THE FAA WILL HAVE ALL OF THE NECESSARY INFO TO RECOMMEND APPROPRIATE ACTIONS TO CORRECT ANY NOTED DEFICIENCIES AND TO ADDRESS THE ISSUES OUTLINED IN THESE RECOMMENDATIONS. IN THE MEANTIME, HOWEVER, THE FAA HAS TAKEN A NUMBER OF ACTIONS TO IMPROVE PROCEDURES FOR IDENTIFYING UNDECLARED HAZARDOUS MATERIALS, PARTICULARLY THOSE THAT ARE CARRIED IN COMAT. THE FAA HAS: LAUNCHED A NEW DANGEROUS GOODS AND CARGO SECURITY PROGRAM, WITH $13 MILLION IN FUNDING. THE NEW PROGRAM RECEIVED APPROVAL FOR 118 FULL-TIME DANGEROUS GOODS/CARGO SECURITY FAA INSPECTORS AND 12 ATTORNEY POSITIONS.

HIRING AND TRAINING ARE ON TARGET, AND THE FIRST INTENSIVE AIR CARRIER INSPECTIONS BEGAN ON 2/1/97. THE INSPECTION AND INSPECTION/INCIDENT DATA BASE TO PROVIDE TREND ANALYSIS FOR TARGETING INSPECTION AND OUTREACH EFFORTS TO DETER AND INTERDICT UNAUTHORIZED SHIPMENTS OF HAZARDOUS MATERIALS. ANNOUNCED ITS POLICY TO THE SHIPPING COMMUNITY OF PUBLICIZING PROPOSED CIVIL PENALTY CASES OVER $50,000 WHERE PARTICULARLY DANGEROUS SHIPMENTS WERE INVOLVED. TO DATE, TWO SUCH VIOLATIONS WERE PUBLICIZED.

PROPOSED A CLARIFICATION IN THE "HAZARDOUS MATERIALS TRANSPORTATION SAFETY REAUTHORIZATION ACT OF 1997" OF THE FAA'S AUTHORITY TO OPEN SUSPECT PACKAGES WHEN THERE IS A REASONABLE BELIEF THAT THE PACKAGE CONTAINS A HAZARDOUS MATERIAL. IN COOPERATION WITH RSPA, PRODUCED A TRAINING VIDEO TO PROVIDE GUIDANCE FOR AIR CARRIERS & SHIPPERS, EMPHASIZING THEIR LEGAL RESPONSIBILITIES FOR SAFE PREPARATION AND TRANSPORTATION OF HAZARDOUS MATERIALS. IN CONJUNCTION WITH RSPA, DESIGNED AND DEVELOPED A PASSENGER INFO BROCHURE ENTITLED "THESE FLY, THESE MAY NOT." THE BROCHURE PROVIDES INFO REGARDING RESTRICTED HAZARDOUS MATERIALS.

OVER 5 MILLION COPIES WERE DISTRIBUTED TO PASSENGERS, TRAVEL AGENCIES, SHIPPERS, U.S. AND FOREIGN AIR CARRIERS, AND MULTINATIONAL CHEMICAL AND PHARMACEUTICAL MANUFACTURERS. ASSISTED THE AIR TRANSPORT ASSOCIATION IN DEVELOPING AND PRESENTING ITS HAZMAT/COMAT WORKSHOP. THE WORKSHOP WAS ATTENDED BY 200 AIR CARRIER, FREIGHT FORWARDER, AND SHIPPER PERSONNEL. THE FAA IS TAKING ADDITIONAL INITIATIVES TO ADDRESS THE TRANSPORTATION OF HAZARDOUS MATERIALS, SPECIFICALLY THE FAA IS: DEVELOPING PROTOCOLS FOR MORE AGGRESSIVE INSPECTION OF REPAIR STATIONS AND FREIGHT FORWARDERS. THE FAA PLANS TO IMPLEMENT THE PROTOCOLS AT REPAIR STATIONS BY AUGUST 1997 AND AT FREIGHT FORWARDERS BY SEPTEMBER 1997.

THE BOARD NOTES THAT THE FAA AGREES WITH THESE RECOMMENDATIONS AND HAS INITIATED AN IMMEDIATE EVALUATION OF THE HAZARDOUS MATERIALS MANUALS AND TRAINING PROGRAMS OF AIR CARRIER CERTIFICATED UNDER 14 CFR PART 121 TO DETERMINE WHETHER METHODS ARE INCLUDED TO IDENTIFY UNDECLARED OR UNAUTHORIZED HAZARDOUS MATERIALS. FOLLOWING THE INITIAL PHASE OF THE EVALUATION, THE FAA WILL MAKE FOLLOW-UP FIELD INSPECTIONS TO ENSURE THAT EMPLOYEES ARE FOLLOWING PROPER PROCEDURES. WE APPRECIATE THE FAA'S QUICK RESPONSE TO THESE RECOMMENDATIONS BUT ARE CONCERNED THAT ONLY A RANDOM SAMPLING OF AIR CARRIERS NOT CERTIFICATED UNDER 14 CFR PART 121 WILL BE CONDUCTED.

THE BOARD BELIEVES THAT THE FAA SHOULD ENSURE THAT ALL CERTIFICATED CARRIERS HAVE ADEQUATE PROGAMS AND PRACTICES FOR IDENTIFYING UNDECLARED OR UNAUTHORIZED HAZARDOUS MATERIALS. WE NOTE THAT THE FAA WILL REQUIRE REVISIONS TO AIR CARRIER PRACTICES AND TRAINING PROGRAMS, AS NECESSARY, AND THAT THE FAA WILL APPRISE THE BOARD OF ITS PROGRESS. PENDING COMPLETION OF ACTION ON THESE ISSUES. A-96-25 AND -26 ARE CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

THE FAA AGREES WITH THIS RECOMMENDATION & WILL INITIATE ACTION TO REVISE AS NECESSARY, ANY PRACTICES AND TRAINING FOR ACCEPTING PASSENGER BAGGAGE AND FREIGHT SHIPMENTS THAT MAY ARISE AS A RESULT OF THE EVALUATION. THE FAA WILL APPRISE THE BOARD OF THE FAA'S COURSE OF ACTION TO ADDRESS THIS RECOMMENDATION AS SOON AS THE EVALUATION IS COMPLETED.