Safety Recommendation A-97-082

Letter Mail Controlled 2/3/2010 5:47:17 PM MC# 2100042 - From James C. May, President and CEO: The Air Transport Association (ATA) and its member airlines for years have worked diligently and collaboratively with federal agencies to educate the traveling and shipping public about the dangers of transporting undeclared hazardous material aboard commercial aircraft. These agencies include the Federal Aviation Administration, the Pipeline and Hazardous Materials Safety Administration, the Transportation Security Administration, and the U.S. Postal Service.

Given that cooperative, long-term engagement, your January 12 letter closing out NTSB Safety Recommendation A-97-82 as unacceptable, and concluding that "ATA does not appear to have taken the action recommended" was surprising and disappointing. We disagree with that conclusion. We would never tolerate such an outcome nor would those in the federal government with whom we have worked in this endeavor accept such a result. We have described our ongoing, joint efforts in detail to the staff of the National Transportation Safety Board. Educating the public about hazmat dangers is a serious, continuing task. It is also a shared task.

Airlines clearly have important roles to play but so do government entities. Above all, we must continue to work together to achieve our common goal of reducing the threat of undeclared hazardous material aboard commercial aircraft.

NTSB staff contacted ATA staff to learn about activities the ATA has started or completed in response to this recommendation. ATA staff described a number of activities implemented by the U.S. Postal Service (USPS) to prevent the shipment of undeclared hazardous material in packages mailed. The NTSB is aware that Safety Recommendation A-97-79, issued to the USPS at the same time as Safety Recommendation A-97-82, asked the USPS to take similar action and was classified Closed Acceptable Action on November 16, 1999. However, the ATA believes that the situation today is different than it was in 1997 when this recommendation was issued.

In particular, a number of security activities for aircraft cargo that were implemented after the attacks of September 11, 2001, have also decreased the risk of undeclared hazardous material being transported on an aircraft. In particular, ATA staff pointed out these current activities related to non-postal cargo carried on airliners:

1.As a result of the increased security requirements implemented after the September 11, 2001, attacks, the Transportation Security Administration (TSA) is now required to screen all baggage. During the course of these screenings, TSA personnel look for and remove prohibited hazardous material items.

2.The FAA requires airlines to provide passenger addresses when undeclared hazardous goods are removed from luggage by the TSA. The FAA then sends letters to passengers involved in these incidents, in an effort to educate them and prevent potential violations during future travel.

3.The Pipeline and Hazardous Materials Safety Administration developed the SafeTravel website to inform the traveling public about hazardous materials and other materials that should not be shipped on an aircraft. The website has information on a wide variety of common, but prohibited, dangerous materials with which passengers typically travel.

4.The TSA and air carriers have embedded links to the SafeTravel website on their websites.

5.Airlines have incorporated dangerous goods awareness tips into their in-flight magazines.

6.A number of the all-cargo carriers developed detailed programs to educate customers and prequalify shippers of potentially hazardous goods.

The NTSB considered the information provided by ATA staff, but we disagree that the shipment of undeclared hazardous materials in passenger baggage is no longer a problem. This recommendation is now over 12 years old, and the ATA does not appear to have taken the action recommended. Therefore, Safety Recommendation A-97-82 is classified CLOSED -- UNACCEPTABLE ACTION.

Barbara Vaiter, Managing Director, Cargo Services, ATA, email dated 2/23/09: Thank you very much for your patience in this matter. As you noted, A-97-82 (copies attached) recommends development of programs to educate U.S. Postal Service (USPS) customers about the dangers of transporting undeclared hazardous materials on aircraft. As you can imagine, many things are much different today in the air cargo world than ten years ago. Below I have attempted to outline the major areas where improvements and programs by USPS and other government agencies, in collaboration with air carriers, have addressed concerns raised by NTSB. First, I would like to offer a clarification. All U.S.

Mail transported in the bellies of passenger aircraft is tendered by USPS. U.S. postal customers do not directly tender mail to the airlines as baggage or air cargo. This reduces the points of acceptance and has enabled government and industry to be more focused in communicating with the general public using mail services to ship potentially hazardous items. Secondly, subsequent to the terror attacks of 9/11/2001, TSA air cargo security measures were mandated which implemented screening of mail transported on passenger aircraft. As a result, USPS adopted the following Aviation Mail Security Program:

Due to heightened security, all mailpieces weighing over 13 ounces bearing only postage stamps as postage must be presented to an employee at a retail service counter at a Post Office. Mailpieces weighing over 13 ounces bearing only postage stamps as postage deposited in collection boxes, lobby drops, or left on counters, in lobbies, or on postal docks will be returned to the sender. Mailpieces weighing over 13 ounces bearing only postage stamps as postage that are left in customer mailboxes will not be picked up by the carrier. Instead, the carrier will return the mailpiece to the customer's mailbox.

The additional security measures implemented as a result of heightened aviation security concerns have had the unintended effect of an increased level of scrutiny and awareness of hazardous materials by requiring a personal hand-off from the least sophisticated shippers to the USPS. Third, as a result of the requirement to tender mail at a retail service counter, the shipper will be faced with the attached Notice #107 Let’s Keep the Mail Safe regarding hazardous materials which the Postal Service displays at all retail stores. In addition, Poster 138 found at most mail acceptance locations, is a guide for shipping common hazardous, restricted and perishable materials.

Fourth, USPS has addressed the hazmat education issue in greater depth by leveraging the use of their public website. Those persons shipping or planning to ship by air using the postal system can visit the USPS Security & HazMat webpage to basic information What is a Hazardous Material such as pasted below, to more detailed and technical Resources to Help Determine Mailability and the Hazardous Materials Program section which warns the public that Mailers are responsible for Ensuring no hazardous material is mailed unless it is permitted under Postal Service mailing standards described in the Domestic Mail Manual 601.10

The Safety Board notes that the ATA has requested documentation from its members that will support a detailed discussion of the issues raised by this recommendation, and that the ATA will provide a formal response within 45 days.

The Safety Board appreciates the ATA's commitment to re-survey its members regarding the safety issues involved with undeclared hazardous material shipments on aircraft. Pending the results of this survey and the ATA's planned discussion on this issue, Safety Recommendation A-97-82 is classified OPEN -- ACCEPTABLE RESPONSE.

Letter Mail Controlled 3/6/2003 3:10:48 PM MC# 2030138 - From Malcolm B. Armstrong, Senior Vice President, Operations and Safety: With respect to Recommendation A-97-82, we have re-issued a request to our members for documentation that will support a detailed discussion of the numerous issues raised within this single recommendation. We expect to be able to provide a formal response within 45 days.

NMC# 100652: The Safety Board would appreciate learning of the status of any current, completed, or planned activities taken in response to these recommendations. If there are no such activities, please inform the Board so that we may close the recommendations. Copies of the recommendation letters are enclosed for your reference. Please address your reply to Ms. Carol Carmody, Acting Chairman, and refer to Safety Recommendations A-87-69, A-97-82, and A?00?55 in your response.

MC# 971380: - From Carol B. Hallett, President and Chief Executive Officer: Thank you for sending me Safety Recommendation A-97-82, dated September 9, 1997, containing the NTSB's recommendation regarding hazardous material education programs. Well before the May 11, 1996, ValuJet accident, ATA had been engaged in such education programs among our members and in conjunction with governmental agencies. I am pleased to bring to your attention the following relevant actions undertaken by the ATA airlines. In November, 1996, ATA organized a "HAZMAT- COMAT" conference which was open to ATA members and non-members alike.

The conference was held in cooperation with FAA Hazardous Materials Branch and DOT-R&SPA. This two-day long event covered classification and packaging of hazardous materials used in the operation of aircraft fleets, training and record-keeping requirements, FAA enforcement, and an overview by an NTSB Hazardous Materials staff member. Feedback from the conference was very positive, confirming the need and ATA's desire to continue this type of effort. ATA representatives also aided DOT and FAA in the development of the informational brochure, These Fly ... These May Not, of which DOT printed 10 million copies.

ATA shares the NTSB's concerns with regard to undeclared hazardous materials shipments. As NTSB staff is aware, ATA has, through the work of its Dangerous Goods Board, maintained an on-going program relating to hazardous materials safety, shipment and storage. For example, on July 30, 1997, even prior to receiving your commication, the ATA Dangerous Goods Board arranged a meeting with representatives of the United States Postal Service (USPS), DOT-R&SPA and FAA Headquarters Hazardous Materials personnel. ATA proposed a plan to address mail issues by aiding the USPS in a review of postal acceptance and handling rules for the carriage of certain hazardous materials.

We are awaiting a response from the Postal Service for meeting dates.