[Federal Register: August 15, 2000 (Volume 65, Number 158)]

[Proposed Rules]               

[Page 49777-49780]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15au00-19]                         



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DEPARTMENT OF TRANSPORTATION



Research and Special Programs Administration



49 CFR Parts 172 and 175



[Docket No. RSPA-00-7762 (HM-206C)]

RIN 2137-AD29



 

Hazardous Materials: Availability of Information for Hazardous 

Materials Transported by Aircraft



AGENCY: Research and Special Programs Administration (RSPA), DOT.



ACTION: Advance notice of proposed rulemaking (ANPRM).



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SUMMARY: RSPA solicits comments and suggestions on ways to implement a 

recommendation from the National Transportation Safety Board (NTSB) to 

require that air carriers transporting hazardous materials have the 

means to quickly retrieve and provide information about the identity of 

a hazardous material on an airplane. We also solicit comments on the 

need for this or other changes to the Hazardous Materials Regulations 

to make it easier for emergency responders to obtain shipment 

information for hazardous materials transported by aircraft.



DATES: Comments must be received by November 13, 2000.



ADDRESSES: Written Comments. Address comments to the Dockets Management 

System, U.S. Department of Transportation, Room PL 401, 400 Seventh 

St., SW, Washington, DC 20590-0001. Comments should identify the docket 

number, RSPA-00-7762 (HM-206C). You should submit two copies of your 

comments. If you wish to receive confirmation that your comments were 

received, you should include a self-addressed stamped postcard. You may 

also submit your comments by e-mail to 

http://dms.dot.gov or by telefax 

to (202) 366-3753. The Dockets Management System is located on the 

Plaza Level of the Nassif Building at the U.S. DOT at the above 

address. You may view public dockets between the hours of 10 a.m. and 5 

p.m., Monday through Friday, except on Federal holidays. Internet users 

can access all comments received by the U.S. DOT Dockets Management 

System web site at http://dms.dot.gov. An electronic copy of this 

document may be downloaded using a modem and suitable communications 

software from the Federal Register Electronic Bulletin Board Service at 

(202) 512-1661.



FOR FURTHER INFORMATION CONTACT: John A. Gale or Eric Nelson, Office of 

Hazardous Materials Standards, Research and Special Programs 

Administration, U.S. Department of Transportation, 400 Seventh Street, 

SW., Washington, DC 20590-0001 telephone (202) 366-8553.



SUPPLEMENTARY INFORMATION:



I. Background



    The National Transportation Safety Board (NTSB) has recommended 

that the Research and Special Programs Administration (``RSPA'' or 

``we''):



    Require, within two 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 proper shipping name), hazard class, quantity, 

number of packages, and location of all hazardous material on an 

airplane in a timely manner to emergency responders. (A-98-80).



    This recommendation is contained in NTSB's August 12, 1998 letter 

to RSPA which has been placed in the public docket. The recommendation 

follows NTSB's investigation of a September 5, 1996, accident involving 

a Federal Express Corporation (FedEx) flight from Memphis, Tennessee, 

to Boston, Massachusetts.

    On September 5, 1996, FedEx flight 1406 was forced to make an 

emergency landing at Stewart International Airport in Newburgh, New 

York, after the flight crew determined that there was smoke in the 

cabin cargo compartment. According to the NTSB, the emergency 

responders on the scene responding to the fire on the airplane did not 

receive specific information about the identity and quantity of 

hazardous materials on the plane. NTSB indicated that, despite repeated 

requests throughout the incident for this information, emergency 

responders received only general and incomplete information indicating 

the hazard classes of the hazardous materials and their location on the 

plane by cargo container position. NTSB found that the FedEx Global 

Operations Command Center in Memphis faxed as many as twelve 

transmissions of various hazardous materials shipping documents to the 

emergency operations center at the airport and to the New York State 

Police. NTSB found that many of the faxes were illegible because of the 

poor quality of the original



[[Page 49778]]



documents and that none of the faxed information reached the incident 

commander.

    Under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-

180), a hazardous materials shipper must provide an aircraft operator 

with a signed shipping paper that contains the quantity and a basic 

shipping description of the material being offered for transportation 

(proper shipping name, hazard class, UN or NA identification number, 

and Packing Group); certain minimum emergency response information; and 

a 24-hour emergency response telephone number. 49 CFR Part 172, 

Subparts C and G. Additional information may be required depending on 

the specific hazardous material being shipped. 49 CFR 172.203. A copy 

of this shipping paper must accompany the shipment it covers during 

transportation aboard the aircraft. 49 CFR 175.35.

    In addition to the shipping paper accompanying each hazardous 

materials shipment, an aircraft operator must provide the pilot-in-

command of the aircraft written information relative to the hazardous 

materials on board the plane. 49 CFR 175.33. For each hazardous 

materials shipment, this information must include:

    (1) proper shipping name, hazard class, and identification number;

    (2) technical and chemical group name, if applicable;

    (3) any additional shipping description requirements applicable to 

specific types or shipments of hazardous materials or to materials 

shipped under International Civil Aviation Organization (ICAO) 

requirements;

    (4) total number of packages;

    (5) net quantity or gross weight, as appropriate, for each package;

    (6) the location of each package on the aircraft;

    (7) for Class 7 (radioactive) materials, the number of packages, 

overpacks or freight containers, their transport index, and their 

location on the plane; and

    (8) an indication, if applicable, that a hazardous material is 

being transported under terms of an exemption.

    This information must be readily available to the pilot-in command 

during flight. In addition, emergency response information applicable 

to the specific hazardous materials being transported must be available 

for use at all times that the materials are present on the plane and 

must be maintained on board in the same manner as the notification to 

the pilot-in-command. (See Subpart G of Part 172 for requirements 

relating to emergency response information.)

    In the 1996 FedEx incident, NTSB found that the on-board hazardous 

materials shipping papers and notification to the pilot-in-command were 

not available to emergency responders. Further, NTSB discovered that 

FedEx did not have the capability to generate in a timely manner a 

single list indicating the shipping name, hazard class, identification 

number, quantity, and location of hazardous materials on the airplane. 

To prepare such a list, FedEx, according to the NTSB, would have had to 

compile information from individual shipping papers for each individual 

shipment of hazardous materials on board the aircraft. NTSB contrasted 

the railroads' practice of generating a computerized list of all the 

freight cars that contain hazardous materials on a given train, with 

the shipping name, hazard class, identification number, quantity and 

type of packaging, and emergency response guidance for each hazardous 

material. NTSB stated that such a list provides information to 

emergency responders in a timely fashion and in a useful format.

    As a result of the 1996 FedEx incident, NTSB surveyed other air 

carriers as to their capability to provide specific hazardous materials 

information in an accident. Only one carrier has an on-line capability 

to provide detailed information about the hazardous materials on its 

airplanes if the on-board shipping documentation is destroyed. The 

remaining carriers, like FedEx, rely on paper copies of hazardous 

materials shipping documentation retained at the place of departure.

    NTSB also stated that shipping papers are less likely to be 

available or accessible after an aircraft accident, than a rail, 

highway or water accident, because of the greater likelihood of fire or 

destruction of the airplane. Because of the fire danger, a flight crew 

is also less likely to have time to retrieve shipping papers after a 

crash. NTSB concluded that the HMR do not adequately address the need 

for air carriers to have hazardous materials information on file that 

is quickly retrievable in a format useful to emergency responders.

    This ANPRM is issued to obtain comments on the means of 

implementing the recommendation and any practicable alternatives which 

may enhance the ability of emergency responders to obtain information 

in the event of an incident involving the transportation of hazardous 

materials by aircraft.

    It should be noted that the International Civil Aviation 

Organization's (ICAO) Dangerous Goods Panel is also considering what 

additional steps can be taken to improve the availability of 

information in the event of an aircraft incident. An excerpt from the 

report of the 17th meeting of the ICAO Dangerous Goods Panel reflecting 

discussions on this topic and relevant changes for inclusion in the 

2001-2002 ICAO Technical Instructions has been placed in the docket for 

information.



II. Hazardous Materials Transportation and Uniform Safety Act of 

1990 (HMTUSA)



    Section 25 of HMTUSA (Pub. L. 101-615, 104 Stat. 3273) required DOT 

to conduct a rulemaking to evaluate methods for establishing and 

operating a central reporting system and computerized telecommunication 

data center. DOT was also mandated to contract with the National 

Academy of Sciences (NAS) to study the feasibility and necessity of 

establishing and operating a central reporting system and computerized 

telecommunication data center that: (1) Would be capable of receiving, 

storing and retrieving data concerning all daily shipments of hazardous 

materials; (2) would identify hazardous materials being transported by 

any mode of transportation; and (3) would provide information to 

facilitate responses to accidents and incidents involving the 

transportation of hazardous materials.

    RSPA issued an ANPRM ``Improvements to Hazardous Materials 

Identifications Systems'' (Docket HM-206; 57 FR 24532) on June 9, 1992. 

The ANPRM asked 63 primary questions on the feasibility of establishing 

a central reporting system, methods of improving the placarding system, 

and the feasibility of requiring each carrier to maintain a continually 

monitored emergency response telephone number.

    The NAS submitted its report to Congress and DOT on April 29, 1993. 

[A copy of the NAS report can be obtained from the Transportation 

Research Board at 2101 Constitution Avenue, NW Washington, DC 20418]. 

The central recommendation in the NAS report was that the Federal 

Government should not attempt to implement a national central reporting 

system as originally proposed for consideration. NAS found that, in 

most instances, the existing hazardous materials communication system 

is effective and that information available at hazardous materials 

transportation incident sites meets the critical information needs of 

emergency responders.

    In the NPRM issued under Docket HM-206 on August 15, 1994 (59 FR



[[Page 49779]]



41848), RSPA did not propose to establish a centralized reporting 

system and telecommunication data center. In that NPRM, RSPA stated 

that the national central reporting system described in detail in 

HMTUSA would be extremely complicated, burdensome, expensive to 

implement and of questionable benefit.



Request for Comments



    1. Do you have information concerning past incidents in which a 

lack of information about hazardous material aboard an aircraft has 

caused difficulties in responding to an incident? If so, please 

describe the incident in detail.

    2. What practices, procedures, or information collection and 

reporting systems are currently in use or available that meet the 

intent of the NTSB recommendation or that could be adapted to meet it? 

Please provide details on how these practices, procedures or systems 

operate, how they would satisfy the NTSB recommendation, and how much 

they cost.

    3. Do aircraft operators maintain copies of the notification to 

pilot-in-command required by 49 CFR 175.33? If so, do operators keep 

copies of the notifications and for how long?

    4. Could the system that airlines use to meet the passenger 

manifesting requirements in 14 CFR part 243 be modified to satisfy the 

NTSB recommendation? If so, please provide details. What would be the 

costs of such a modification?

    5. After an accident/incident, how do emergency responders 

presently obtain information regarding the cargo on board an aircraft? 

What information is needed for initial response to an aircraft 

emergency on the ground? How ``timely'' can this information be 

obtained? Do airlines maintain a central number for assistance during 

emergencies?

    6. Would a centralized computer system that serves all air carriers 

be beneficial? Is it feasible to establish a centralized information 

collection and reporting system, specifically for transportation by 

aircraft? If such a system is feasible, who should operate it and how 

should it be funded?

    7. How ``timely'' is information needed by emergency responders, 

e.g., 15 minutes, 1 hour, 2 hours, 4 hours, etc. Is it practicable to 

get this information to emergency responders during the initial phases 

of a response?

    8. If an airline develops its own system, how would emergency 

responders be educated on how to obtain the information from the 

airline? What responsibilities should an airline have and how would the 

airline communicate to emergency responders that such information is 

available? Should information be available at any airport an aircraft 

might land in the event of an emergency? How could this be 

accomplished?

    9. If a system that meets the NTSB recommendation is developed, 

what information should be available to emergency responders (e.g., 

proper shipping name, identification number, hazard class, quantity, 

number of packages, consignee, consignor, loading positions, emergency 

response information)?

    10. What requirements should apply to international air carriers to 

meet the NTSB recommendation?

    11. What requirements should apply to overflights of the US by non-

US airlines?

    12. Should information be available to emergency response personnel 

by one or all of the following means: phone, fax, or computer?

    13. What changes, if any, do you recommend be made to the HMR to 

improve the hazard communication to persons responding to hazardous 

materials incidents aboard aircraft? What is your estimate of any costs 

or benefits associated with these changes?

    14. Would use of a ``visual stowage'' plan that provides a diagram 

of an aircraft's cargo-hold and exact location where the hazardous 

material is stowed be beneficial to emergency response personnel? How 

and where should such a plan be maintained?

    15. If RSPA adopts the NTSB recommendation, should any exceptions 

be provided? For example, should an exception be provided based on the 

size, type or category of aircraft being operated, the type of material 

being carried, emergency exemption flights, or any combination thereof?

    Comments are invited on any items or issues pertinent to this topic 

which are not addressed by the above questions. There are a number of 

additional issues that we must address in determining whether to 

proceed with rulemaking on this issue. These include the analyses 

required under the following statutes and Executive Orders:

    1. Executive Order 12866: Regulatory Planning and Review. E.O. 

12866 requires agencies to regulate in the ``most cost-effective 

manner,'' to make a ``reasoned determination that the benefits of the 

intended regulation justify its costs,'' and to develop regulations 

that ``impose the least burden on society.'' We therefore request 

comments, including specific data if possible, concerning the costs and 

benefits that may be associated with implementation of the NTSB 

recommendation.

    2. Regulatory Flexibility Act: Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 601 et seq.), we must consider whether a proposed 

rule would have a significant economic impact on a substantial number 

of small entities. ``Small entities'' include small businesses, not-

for-profit organizations that are independently owned and operated and 

are not dominant in their fields, and governmental jurisdictions with 

populations under 50,000. We invite comments as to the economic impact 

that implementation of the NTSB recommendation may have on small 

businesses.

    3. Executive Order 13132: Federalism. Federal hazardous materials 

transportation law (49 U.S.C. 5101 et seq.) preempts many state and 

local laws and regulations concerning hazardous materials 

transportation that are not the same as the federal requirements. E.O. 

13132 requires agencies to assure meaningful and timely input by state 

and local officials in the development of regulatory policies that may 

have a substantial, direct effect on the states, on the relationship 

between the national government and the states, or on the distribution 

of power and responsibilities among the various levels of government. 

We invite comments on the effect that implementation of the NTSB 

recommendation may have on state or local safety or emergency response 

programs.

    4. Executive Order 13084: Consultation and Coordination with Indian 

Tribal Governments. E.O. 13084 requires agencies to assure meaningful 

and timely input from Indian tribal government representatives in the 

development of rules that ``significantly or uniquely affect'' Indian 

communities and that impose ``substantial and direct compliance costs'' 

on such communities. We do not think that there will be any effect on 

Indian tribes, but invite Indian tribal governments to provide comments 

as to the effect that implementation of the NTSB recommendation may 

have on Indian communities.



III. Regulatory Analyses and Notices



A. Executive Order 12866 and DOT Regulatory Policies and Procedures



    This rulemaking is not considered a significant regulatory action 

under section 3(f) of Executive Order 12866 and, therefore, was not 

reviewed by the Office of Management and Budget. This



[[Page 49780]]



rulemaking is not considered significant under the Regulatory Policies 

and Procedures of the Department of Transportation (44 FR 11034).



B. Regulation Identifier Number (RIN)



    A regulation identifier number (RIN) is assigned to each regulatory 

action listed in the Unified Agenda of Federal Regulations. The 

Regulatory Information Service Center publishes the Unified Agenda in 

April and October of each year. The RIN number contained in the heading 

of this document can be used to cross-reference this action with the 

Unified Agenda.



    Issued in Washington, DC on August 10, 2000 under the authority 

delegated in 49 CFR part 106.

Robert A. McGuire,

Associate Administrator for Hazardous Materials Safety.

[FR Doc. 00-20701 Filed 8-14-00; 8:45 am]

BILLING CODE 4910-60-P