Printer Friendly
	Email Page

Fact Sheet

FAA Hazardous Materials Program

History

The FAA has enforced hazardous materials regulations for aviation since the passage of the Hazardous Materials Transportation Act in the late 1970s. The ValuJet accident in 1996 caused by the improper transportation of oxygen generators led to a revision of the act and significant improvements to the FAA’s dangerous goods and cargo security program.

In late 2002, the FAA reenergized its Hazardous Materials program after the Department of Transportation split responsibility for the oversight of cargo security from hazardous material, with cargo security becoming the purview of the Department of Homeland Security and hazardous materials returning to the FAA from the Transportation Security Administration (TSA).

Today

With the TSA now providing oversight for cargo security, the FAA today is able to focus solely on the safe transport of hazardous materials by air. The creation of TSA has had another dramatic affect on the hazardous materials program. The TSA’s increased security screening of cargo, carry-on and checked bags is uncovering many undeclared hazardous materials that likely would not have been discovered otherwise.

During the period from March 2005 to April 2006, the FAA received approximately 15,000 reports of possible infractions leading to over 3,000 investigations and 12,000 educational notices concerning the Hazardous Materials Regulations.

FAA’s Hazardous Materials Compliance Program

The current hazardous materials program employs a risk-based approach to hazmat inspections, and uses over ten years of hazmat incident and enforcement data in the DOT intermodal shipper database to identify companies that appear to be responsible for multiple air-mode hazmat incidents. FAA inspectors target these companies for visits to check for compliance with the hazmat regulations and offer assistance in improving their business practices to prevent hazmat accidents or incidents. With this outreach, the FAA is striving to get out ahead of problems — a preventative measure that complements the program’s other efforts.

In summary, the FAA’s hazardous-materials program employs a three-prong program to ensure compliance. It focuses on:

• Conducting aggressive, realistic, and trend-driven inspections of repair stations, air carriers and shippers.
• Implementing aggressive outreach and education programs to create awareness concerning the regulations and the possible penalties for failure to comply.
• Gathering and analyzing data to spot and combat dangerous trends before they become problems.

FAA’s Hazardous Materials Outreach

The agency is working hard to prevent accidents and incidents related to hazardous materials by redoubling its outreach to industry and the community. For instance, the agency sent its hazardous-materials agents to visit fireworks retailers across the Southeast before an Independence Day holiday. During their visits, agents distributed brochures and posters, and met with local press to explain the dangers of bringing fireworks aboard aircraft. They also held news conferences at several large airports to communicate the same message. The FAA estimates its “Fireworks Don’t Fly” campaign reached millions of people. In a similar campaign, the agency sent hazmat literature to nearly 400 hospitals and medical facilities in the Northeast. Shortly after, FAA agents visited many of these locations to provide more information and conduct inspections to ensure that medical facilities are properly shipping specimens, radioactive materials, compressed gasses, hydrogen peroxide and other hazardous materials.

Today, the FAA is examining virtually every aspect of hazardous-materials transportation by air. With 124 dedicated hazardous-materials agents and $25 million for FY 2008, the program will inspect approximately 2,700 air carriers and 6,400 shippers. It will also undertake an estimated 1,000 outreach initiatives, such as those carried out under the “Fireworks Don’t Fly” and the hospitals/medical facilities campaigns.

The more shippers know about their responsibilities, the fewer accidents and incidents there will be from improper shipments. The FAA’s outreach is directed toward associations, manufacturers and others involved in the transportation of hazardous materials, as well as to the public. On the FAA’s web site, industry and the public can obtain guidance on regulations (http://www.faa.gov/safety/security/).

The FAA is also reaching out to the public directly. Many new offenders of the hazardous-materials regulations are passengers whose bags now are being opened by security screeners who are finding prohibited hazardous materials. The FAA understands that many of these violators may not be aware of the regulations, so it has developed an automated system to send counseling letters describing the hazmat that was found and why it is prohibited. The system also generates letters to passengers who have committed more egregious violations to let them know the agency is opening investigations that may lead to civil penalties. By automating this process, the FAA is educating thousands of people directly while it is freeing its agents to focus on other areas.

Penalties for Violations of the Hazardous Materials Regulations

Violators of the hazardous-materials regulations can be charged up to $50,000 per violation, and there are usually multiple violations in any one case. Since 1998, the agency has collected a yearly average of $6.5 million for violations of the hazardous materials regulations.

In addition, any investigation that reveals willful or knowing violations will be coordinated with the Department of Justice for possible criminal prosecution.

Tracking Trends in Hazmat Air Transport

The FAA’s databases of violations and pending cases help the agency detect trends and potential problems. This data is used to determine which shippers FAA agents visit, as well as the order in which the agency inspects air carriers, shippers and repair stations. In addition, the FAA conducts trend analyses to target commodities of most concern for inspections and outreach efforts.

All of these efforts — outreach, trend tracking and enforcement — should increase awareness of the seriousness with which the FAA actively pursues persons and companies who fail to comply with the hazardous-materials regulations. The agency plans to maintain this intense level of activity for the foreseeable future.