Safety Recommendation A-98-080

The Safety Board notes that RSPA published the final rulemaking prepared in response to this recommendation on March 25, 2003. The Board appreciates RSPA's actions in requiring air carriers to have hazardous material information immediately available for emergency responders. However, we are disappointed that the requirement for a consolidated list was not included in the rulemaking. As was outlined in our original recommendation letter, the lack of a consolidated list was a significant safety problem identified during the investigation of the Newburgh, New York, accident.

The need for the consolidated list was reiterated in the Board's comments on the notice of proposed rulemaking submitted to the docket on April 26, 2002.

Because the final rule was published without a requirement for air carriers to provide a consolidated list, Safety Recommendation A-98-80 is classified "Closed--Unacceptable Action." However, the Safety Board notes that RSPA commented in the final rule that it agrees with the need for a consolidated list. The Board encourages RSPA to consider additional rulemaking to incorporate such a requirement.

Letter Mail Controlled 6/12/2003 3:40:44 PM MC# 2030289 On March 25,2003 RSPA published a final rule under docket HM-206C, entitled "Hazardous Materials: Availability of Infonnation for Hazardous Materials Transported by Aircraft." A copy of the final rule is enclosed. The final rule adopts revisions to the Hazardous Materials Regulations (HMR) to insure that emergency response personnel have accurate and timely information regarding hazardous materials aboard an aircraft, in the event of an emergency. RSPA amended the HMR to require aircraft operators transporting a hazardous

material to: (1) place a telephone number, on the notification of pilot-in-command or in the cockpit of the aircraft. that can bc contacted during an in-flight emergency to obtain information about any hazardous materials aboard the aircraft; (2) retain and provide upon request a copy of the notification of pilot-in-command. or the information contained in it, at the aircraft operator’s principal place of business, or the airport of departure, for 90 days, and at the airport of departure until the flight leg is completed; and (3) make readily accessible, and provide upon request, a copy of the notification of pilot-in-command, or the information

contained in it, at the planned airport of arrival until the flight leg is completed. Based on publication of the HM-206C final rule, we request that this recommendation be reclassified as "Closed Acceptable Action."

The National Transportation Safety Board has reviewed the Research and Special Programs Administration's (RSPA's) notice of proposed rulemaking (NPRM) "Hazardous Materials: Availability of Information for Hazardous Materials Transported by Aircraft," Docket No. RSPA-00-7762 (HM-206C), which was published at 67 FR 6669 on February 13, 2002. RSPA states that the NPRM addresses Safety Recommendation A?98?80 that was issued as a result of the Safety Board's investigation of an in-flight fire and emergency landing of Federal Express (FedEx) flight 1406 at Stewart International Airport in Newburgh, New York, on September 5, 1996.

Safety Recommendation A-98-80 urged RSPA to require, within 2 years, that air carriers transporting hazardous materials have the means, 24 hours per day, to quickly retrieve and provide consolidated specific information about the identity (including the proper shipping name), hazard class, quantity, number of packages, and location of all hazardous materials on an aircraft in a timely manner to emergency responders.

The NPRM proposes to amend the hazardous materials regulations (49 CFR Parts 171-180) by adopting new requirements for aircraft operators to make readily available a copy of the Notification of the Pilot-in-Command (NOPC), or the information contained in it, at the departure and arrival points for each aircraft transporting hazardous materials. The NPRM also would require that an air carrier provide a 24-hour telephone number on the NOPC that a flight crew can convey to air traffic controllers during an in-flight emergency when the crew does not have sufficient time to provide the information contained in the NOPC.

Air traffic controllers and other ground personnel would then use the 24-hour number to obtain a copy of the NOPC. These changes will enhance the availability of the NOPC and the documentation contained in the NOPC about the hazardous materials on board the aircraft. However, the NPRM fails to address the fundamental purpose of Safety Recommendation A-98-80, which is to ensure that the air carrier has the ability to quickly provide emergency responders with a consolidated list that not only identifies each hazardous material on board the aircraft but also the quantity and location of each hazardous materials package on the aircraft.

Further, simply maintaining the NOPC at the departure and arrival points of an aircraft transporting hazardous materials does not ensure that air carriers will provide the consolidated list in a timely manner. Under the proposed rules, emergency responders would still have to sift through numerous shipping papers to obtain the basic information that would appear on a consolidated list. Also, the proposed rules would have no effect if an accident or incident occurs at a location other than the departure or arrival airport. In such situations, the air carrier would still be forced to transmit a copy of the NOPC or to assemble a list and then transmit it to emergency responders.

RSPA'S 8/29/00, LETTER TRANSMITS A COPY OF THE ANPRM WAS PUBLISHED ON 8/15/00; THE BOARD NOTES THAT THE COMMENT PERIOD CLOSES 11/13/00. ALTHOUGH PLEASED THAT RSPA HAS TAKEN INITIAL STEPS TOWARDS RULEMAKING, THE BOARD IS DISAPPOINTED AND CONCERNED THAT, IN THE 2 YEARS SINCE RSPA'S 9/30/98, LETTER, LITTLE OR NO PROGRESS APPEARS TO HAVE BEEN MADE TO SATISFY THE INTENT OF THIS RECOMMENDATION. ON 7/25/00, THE SAFETY BOARD MET TO REVIEW THE AIRCRAFT ACCIDENT REPORT ON THE 7/31/97, CRASH-WHILE-LANDING OF FED EX FLIGHT 14, AN MD-11, AT NEWARK INT'L. AIRPORT.

IN THAT ACCIDENT, EMERGENCY RESPONDERS NEEDED TO QUICKLY IDENTIFY ANY HAZARDOUS MATERIAL PRESENT, BUT WERE UNABLE TO OBTAIN THIS INFORMATION IN A TIMELY MANNER. A-98-80 WAS ISSUED TO ADDRESS JUST SUCH SITUATIONS AS THE ONE AT NEWARK. BECAUSE OF RSPA'S DELAY IN IMPLEMENTING THIS RECOMMENDATION, THE BOARD RECLASSIFIED A-98-80 "OPEN--UNACCEPTABLE RESPONSE," AT ITS JULY 25 BOARD MEETING. PENDING ISSUANCE AND REVIEW OF A FINAL RULE, A-98-80 REMAINS CLASSIFIED "OPEN--UNACCEPTABLE RESPONSE."

Letter Mail Controlled 09/05/2000 3:53:10 PM MC# 2001218 THE SAFETY BOARD ISSUED THE SAME RECOMMENDATION TO THE FAA. IN OUR 7/20/00 LETTER TO YOU WE STATED THAT WE WERE WORKING WITH THE FAA TO DEVELOP AN ADVANCE NOTICE OF PROPOSED RULEMAKING (ANPRM) TO SEEK PUBLIC COMMENT ON THESE RECOMMENDATIONS. THE ANPRM UNDER DOCKET (HM-206C) WAS PUBLISHED IN THE FEDERAL REGISTER ON 8/15/00. A COPY IS ENCLOSED FOR YOUR INFORMATION. WE WILL KEEP YOU INFORMED OF OUR PROGRESS. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME OR JACK MURRAY, ASSOCIATE ADMINISTRATOR FOR THE OFFICE OF POLICY AND PROGRAM SUPPORT, AT 202-366-4831.

Letter Mail Controlled 07/25/2000 12:49:25 PM MC# 2000943 IN OUR 9/30/98 LETTER TO YOU ON THIS RECOMMENDATION, WE STATED THAT WE WERE WORKING WITH THE FAA TO DEVELOP AN ADVANCE NOTICE OF PROPOSED RULEMAKING (ANPRM) TO SEEK PUBLIC COMMENT ON THESE RECOMMENDATIONS. RSPA BELIEVES THAT IT NEEDS EXTENSIVE PUBLIC INPUT IN ORDER TO APPROPRIATELY EVALUATE THE MEANS AND COSTS OF IMPLEMENTING THE RECOMMENDATION. AN ANPRM IS THE VEHICLE FOR RECEIVING THAT PUBLIC INPUT. RSPA AND THE FAA ARE IN THE FINAL STAGES OF DEVELOPING THE ANPRM AND ANTICIPATE PUBLISHING IT IN THE FEDERAL REGISTER BY 9/1/00. I REQUEST THAT A-98-80 BE CONTINUED TO BE CLASSIFIED AS "OPEN--ACCEPTABLE ACTION."

WE THANK YOU FOR CONSIDERATION OF OUR REQUEST.

PLEASE INFORM THE BOARD OF RSPA'S CURRENT AND PLANNED ACTIVITIES IN RESPONSE TO THIS RECOMMENDATION, AND THE PLANNED COMPLETION DATE OF THESE ACTIVITIES. RSPA'S RESPONSE TO THIS RECOMMENDATION MAY BE DISCUSSED AT A BOARD MEETING CURRENTLY SCHEDULED FOR 7/25/00, INVOLVING FEDERAL EXPRESS.

THE BOARD ISSUED THE SAME RECOMMENDATION TO THE FAA. RSPA STATES THAT IT & THE FAA ARE JOINTLY DEVELOPING AN ADVANCE NOTICE OF PROPOSED RULEMAKING UNDER DOCKET HM-206C TO SEEK PUBLIC COMMENT ON THESE RECOMMENDATIONS. PENDING COMPLETION & REVIEW OF THE FINAL RULE, A-98-80 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

(Letter Mail Controlled 10/5/98 4:23:04 PM MC# 981214) THE BOARD ISSUED THE SAME RECOMMENDATION TO THE FAA. RSPA & FAA ARE JOINTLY DEVELOPING AN ADVANCE NOTICE OF PROPOSED RULEMAKING UNDER DOCKET (HM-206C) TO SEEK PUBLIC COMMENT ON THESE RECOMMENDATIONS. I REQUEST A-98-80 BE CLASSIFIED AS "OPEN--ACCEPTABLE ACTION." IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME OR MR. WILLIAM E. VINCENT, DIRECTOR OF THE OFFICE OF POLICY & PROGRAM SUPPORT, AT (202) 366-4831.