FAA regulations and policies for transporting hazardous cargo

FAA Regulations and Policies With Transporting Hazardous Cargo

FAA regulations, policies, and hazardous cargo

FAA regulations and policies for transporting hazardous cargo

More than 60, 000 substance and materials have been identified as being hazardous in the United States. All of these substances require different transportation and management protocols. The Research and Special Programs Administration (RSPA), is the governmental agency with the primary responsibility and management of the transportation of these hazardous substances. The importance of strict control and regulation of hazardous goods and materials is underlined by the fact that between March 2005 and April 2006, the FAA received approximately 15,000 reports of possible infractions relating to the hazardous goods and materials regulations. This led to more than 3,000 investigations and 12,000 educational notices concerning the Hazardous Materials Regulations. (FAA Hazardous Materials Program)

Hazardous material and substances are usually classified according to their health or physical potentials as hazards. These can include an extensive range of substances. This refers to substances such as radioactive isotopes, medical supplies, industrial cleaners, as well as paint solvents, batteries, pesticides, firearms and ammunition. (Hazardous material top priority for FAA)

The FAA classes the following, among others, as hazardous substances.

Chemical Oxygen Generators (COGs) and Chemical Oxygen Generators Installed in Equipment

Passenger Personal Liquid Oxygen Canister

Transportation of Lithium Batteries

Transportation of Hydrogen Peroxide H202

Transportation of Batteries and Devices That Contain Batteries

Fireworks Manufactured in Mexico

Fuel Control Units

Liquid Nitrogen in Dewars

Regulations & Policies)

Many hazardous substances that require transportation are essential to the running of the economy of the country and can include such materials and substances as fuel, farming and medical applications and materials related to manufacturing, mining, and other industrial uses. Hazardous substances are in general defined as substances that may pose a threat to public safety or the environment during transportation because of their physical, chemical, or nuclear properties. (PHSA: Part IV: Department of Transportation)

In discussing this subject, it is also important to bear in mind that new regulations regarding the transportation of hazardous substances and materials were implemented recently by the FAA. A brief overview of the present situation with regard to FAA policy is as follows.

The FAA policies and guidelines on the transporting of hazardous materials ands cargo have been in force for aviation since the acceptance and implementation of the Hazardous Materials Transportation Act passed in the 1970s. (FAA Hazardous Materials Program) However, an incident concerning the improper transportation of oxygen generators, known as the ValuJet accident in 1996, was to lead to the revision of the 1970 Act and a "...significant improvements to the FAA's dangerous goods and cargo security program" (FAA Hazardous Materials Program). As a result of this crash it became evident that the U.S. aviation industry faced "...tough new federal regulations regarding the.... security and the transport of hazardous materials "(Del Valle, 1997). Other aspects that were touted as part of the enhanced FAA rules and regulations included using"... bomb-detecting dogs, screening out hazardous materials from cargo holds, and certifying security companies. "(Del Valle, 1997)

After the incident the National Transportation Safety Board (NTSB) issued Recommendations which stated that the Research and Special Programs Administration (RSPA) should, in cooperation with the Federal Aviation Administration, "...permanently prohibit the transportation of chemical oxygen generators as cargo on board any passenger or cargo aircraft when the generators have passed their expiration dates, and the chemical core has not been depleted..." (Prohibition on the Transportation of Devices Designed...)

Another factor that should also be borne in mind is that the FAA acts and regulates in close conjunction with other governmental bodies and agencies. This has become and important aspect in the FAA operations after the events of 9/11. In 2002, with the background of the events of the terror attack of 2001, responsibly for the transport of hazardous materials was split with Department of Homeland Security. (FAA Hazardous Materials Program)

The Department of transport has an overall classificatory system for hazardous material and substance that forms the basis for identification and regulation. This is based on the United Nations classificatory system. In terms of this system, all hazardous goods are classified according to their physical, chemical, biological, and nuclear properties. (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement) Within this system, the main categories that should not be transported by air are those which are "...highly explosive, toxic, oxidizing, self-reactive, or flammable chemical substances or articles in their class" (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement).

Other substances are also referred to according to a four-tier system of identification and regulation. These refer to the identification of certain dangerous goods by name - those goods or materials that are known to be hazardous. The second category is the identification of hazardous materials by hazard class and subdivision. In other words, this refers to certain subdivisions of the classes of dangerous materials that are known to cause fire or explosions. The third level of identification refers to the identification and restriction pf goods according to quantity. This category,.".. restricts on passenger aircraft the quantity of certain substances or the number of articles that may be present in the outermost shipping containers in the cargo hold" (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement).

The fourth category refers to packing integrity. This means that hazardous goods should be packaged to protect the integrity of the cargo against any possible leaks to spillage that could be hazardous. (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement)

It is also noteworthy that in a recent survey by the U.S. Census Bureau's of hazardous goods in the United States, the most prevalent class of dangerous or hazardous goods was found in group three, which includes flammable liquids such as paint. (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement)

2. Policy, regulations and procedures

Three policy principles form the FAA dangerous hazards policy. These can be summarized as regulation, research, and outreach. This provides a framework for the safe transportation of dangerous materials and goods. (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement) These three aspects can be further expanded on. The FAA's hazardous-materials programs focuses on "...Conducting aggressive, realistic, and trend-driven inspections of repair stations, air carriers..." And "...Implementing aggressive outreach and education programs to create awareness concerning the regulations and the possible penalties for failure to comply" (FAA Hazardous Materials Program). This program also depends on the gathering and analysis of data in order to ascertain danger areas and trends and to prevent these from developing into problems areas. (FAA Hazardous Materials Program)

Based on the Research and Special Programs Administration (RSPA) regulations, the FFA is responsible for firstly ensuring that there is compliance with the rules for transporting dangerous goods by air. However, the FAA is also responsible for assessing carriers' operations and investigating dangerous goods incidents or accidents. (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement) There are also other responsibilities associated with hazardous materials control, including those aspects relating to the prosecution and adjudication of enforcement actions against those found to have violated the dangerous goods rules. (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement)

It should also be noted that the FAA works in conjunction with the U.S. Customs Service and other authorities in the control and regulation of hazardous substances. This relationship allows the FAA, for example, to inspect and search international cargo. (Undeclared Air shipments of Dangerous Goods and DOT's Enforcement)

These regulations and their application depend on the classification system for hazardous materials. (HMR; 49 CFR Parts 171-180) This system works on the basis of hazard analysis in the various hazard classes. The FAA regulations, "...require each shipper to classify a material in accordance with these hazard classes and packing groups; the process of classifying a hazardous material is itself a form of hazard analysis" (HSA: Part IV: Department of Transportation). Each shipper also has the responsibility of "...communicating the material's hazards through use of the hazard class, packing group, and proper shipping name on the shipping paper and the use of labels on packages and placards on transport vehicles." (HSA: Part IV: Department of Transportation).

Furthermore, the hazardous materials are allocated to one of the three packing groups based on their degree of hazard. "The quality, damage resistance, and performance standards of the packaging in each packing group are appropriate for the hazards of the material transported." (HSA: Part IV: Department of Transportation). The FAA uses the classification and rating system based on the internationally recognized United Nations system for classification, identification, and ranking of hazardous materials. The classes in this system are indicated as follows.