Shipping Administration Federal Aviation Hazardous …...*Note - In the aviation industry the term Dangerous Goods is used synonymously with the term Hazardous Material. Federal Aviation

By:

Date:

Federal Aviation Administration Shipping

Hazardous Materials By Air

November 30, 2016

College and University Hazardous Materials

Outreach

Federal Aviation Administration – Joint Office of Security & Hazardous Materials Safety, Central

Federal Aviation Administration

Shipping Hazardous Materials By Air November 30, 2016

FEDERAL AVIATION ADMINSTRATION Office of Security and Hazardous Materials Safety (ASH)

Our Mission Provide quality services to ensure and promote aviation

safety in support of national security and the national aerospace system.

Our Objective Prevent fatalities resulting from improper shipments of

hazardous materials in U.S. air commerce.

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Presenter

Presentation Notes

Multi-modal Authority: The US Department of Transportation (DOT) regulates the transportation of hazardous materials by ALL MODES of transportation within (to, from, and through) the United States. This includes hazardous materials carried by passengers and crewmembers.



HAZARDOUS MATERIALS SAFETY PROGRAM

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Presenter

Presentation Notes

WASHINGTON HEADQUARTERS: ADG-1, ADG-100; ADG-200 7 - Program Specialists EIGHT (8) REGIONS: > 120 - Hazmat Specialists The Great Lakes Region consists of six (6) offices: 2 – Security Field Offices (Chicago & Indianapolis) 4 – Post of Duty Offices (Cleveland, Detroit, Minneapolis, & Springfield)



HAZARDOUS MATERIALS SAFETY PROGRAM

• 2 Security Field Offices • 5 Posts of Duty • 15 Hazmat Specialists

Minneapolis

Cleveland Detroit

Indianapolis

Chicago

Cincinnati

Chicago Hazardous Materials Safety Division

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Presenter

Presentation Notes

The Great Lakes Region consists of six (6) offices: With 2 Security Field Offices (located in Chicago) 6 – Post of Duty Offices (Cincinnati, Cleveland, Detroit, Indianapolis, Minneapolis, & Springfield)



AUTHORITY TO INVESTIGATE & INSPECT

Title 49, United States Code § 40113

“The Secretary of Transportation may take action the Secretary, Under Secretary, or Administrator, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.

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Presenter

Presentation Notes

49 United States Code, Section 40113 Specifically, 49 USC, Section 5121(c)(1)(A) gives DOT the authority to conduct hazmat investigations/inspections.



SCOPE OF AUTHORITY

• Aircraft Operators • Air Passengers • Aviation Repair Stations • Freight Forwarders • Shippers

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Presentation Notes

Shippers are Offerors - An offeror could be any person who either 1) performs a pre-transportation function; and/or tender or make the hazardous material available to a carrier for air transport. So who can be a shipper? Just about anybody, lets examine: Person means an individual, corporation, company, association, firm, partnership, society, joint stock company; or a government, Indian tribe, or authority of a government or tribe offering a hazardous material for transportation in commerce or transporting a hazardous material to support a commercial enterprise. This term does not include the United States Postal Service or, for purposes of 49 U.S.C. 5123 and 5124, a Department, agency, or instrumentality of the government.



HAZARDOUS MATERIALS REGULATIONS

Definition of a Hazardous Material – “A substance or material, which has been determined by the

Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.”

-- 49 CFR 171.8 *Note - In the aviation industry the term Dangerous Goods is

used synonymously with the term Hazardous Material.

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Hazardous Materials must be Classified for Transportation

To aid in determining when something is a hazardous material for transportation, the DOT classifies material into nine different hazard classes.

• Each of these hazard classes has its own technical and scientific criteria.

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Classes of Hazardous Materials Class 1 Explosives • Fireworks, Bullets, Charges, Squibs

Class 2 Flammable, Non-Flammable or Toxic Gases • Lighters, Propane, Butane, Oxygen, Nitrogen

Class 3 Flammable Liquids • Paint, Lighter Fluid, Fuels

Class 4 Flammable or Combustible Solids • Matches, Sterno heaters

Class 5 Oxidizers or Organic Peroxides • Hydrogen peroxides, 8% or higher

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Classes of Hazardous Materials Class 6 Toxic or Infectious Substances • Pesticides, Biological substances

Class 7 Radioactive Materials Class 8 Corrosives • Acids (sulfuric, hydrochloric), some batteries

Class 9 Miscellaneous • Can include lithium batteries, dry ice, auto parts (i.e. air bag

inflators), dangerous goods in machinery or apparatus (i.e. a chainsaw with fuel), Consumer Commodities

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Classes of Hazardous Materials

Class 1 Explosives (173.50) Class 2 Flammable & Non-Flammable Gases (173.115) Class 3 Flammable Liquids (173.120) Class 4 Flammable Solids (173.124) Class 5 Oxidizers & Organic Peroxide (173.128) Class 6 Toxic or Infectious Substances (173.132) Class 7 Radioactive Materials (173.403) Class 8 Corrosive Materials (173.136) Class 9 Miscellaneous (173.140)

Presenter

Presentation Notes

Highlighted in Red are items that could be offered by College & Universities



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ValuJet Flight 592 May 11, 1996

- Aircraft type McDonnell-Douglas DC 9

- 110 passengers & crew – no survivors

- Hit Florida Everglades at 440 knots (in excess of 506 MPH) - Cause of crash: Improperly packaged, marked & labeled

Chemical Oxygen Generators



VALUJET FLIGHT 592

144 undeclared, improperly packaged oxygen generatorsImpacted Florida Everglades

at 440 knots110 Passengers &

Crewmembers Killed

May 11, 1996

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2006 Philadelphia International Airport Suspected Hazmat Incident



INCIDENT

A fire in the cargo bay led the crew to deploy oxygen and conduct and emergency landing. Although the cause is unknown, it is believed that several lithium ion batteries for laptop computers either caused or contributed to the fire.

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INCIDENT

Fire in the cargo hold. Flight forced into an emergency decent from 33,000 feet, flight conducted a successful emergency landing. Emergency personnel were delayed in their response due to unavailability of information as to the type of hazardous materials, locations and quantity. The fire aboard the aircraft was not extinguished for 4 hours and destroyed the aircraft.

Fire caused by undeclared flammable liquids (acetonitrile and tetrahydrofuran)

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Other Examples of Hazmat Incidents Aboard Aircraft

Chemical reaction between sodium hydroxide and

hydrogen peroxide solution

Safety Matches Burst Into Flames During Loading



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Other Examples of Hazmat Incidents Aboard Aircraft

Sulfuric Acid Carried Onboard By A

Passenger

A Can Of Gasoline + A 12 Volt Battery In An

Overhead Bin



April 2004 – Midway Airport, Chicago, IL. Suspected Battery Fire

• Fifty bags burned • This occurred 5 minutes prior to loading • Being loaded onto a passenger aircraft.

Incidents…



News crew audio/video equipment causes fire in cabin and emergency landing •A passenger aircraft

made an emergency landing shortly after takeoff from NYC

•Batteries in a bag of audio-video equipment caused a fire in an overhead compartment.

•A 9-volt lithium battery is the most likely source.

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Passenger baggage

FORBIDDEN ITEM

49 CFR 171.15(b)(6) / 173.21(c) Dangerous evolution of heat

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Presenter

Presentation Notes

SUMMARY BAGGAGE HANDLER observed smoke emitting from CHECKED BAG upon offloading passenger aircraft. Multiple attempts made to extinguish fire. (Extinguisher on belt loader, Massport Fire Department).



Discovered in checked baggage

UNDECLARED ITEM

1 Liter UN1230, Methanol Class 3 (6.1), PG II

Offered for transportation in air commerce by a University Employee

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Presenter

Presentation Notes

SUMMARY BAGGAGE HANDLER observed smoke emitting from CHECKED BAG upon offloading passenger aircraft. Multiple attempts made to extinguish fire. (Extinguisher on belt loader, Massport Fire Department).



Summary of Findings

UNIVERSITY RESEARCH SCIENTIST Observations - Checked Baggage - Discovered during Security Screening Factors - Traveling on behalf of University - Obtained from University Lab Storage NOTE Vicarious Liability: Employer is responsible for employees who offer undeclared hazmat in checked or carry-on baggage if used for business purposes 9



FLAMMABLE GAS TORCHES

Threat Torches and lighters are equipped with a source of ignition and fuel contained within the same device. Inadvertent activation could lead to a fire or explosion.

Micro Torch Lighter Utility Lighter Large Torches

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DRY ICE

• Incidents

3 lbs. of dry ice inside a plastic container rather than placing it between the inner and outer packaging. Dry ice could not vent its gases and exploded.

Shipment of improperly vented Class 6.2 materials that exploded during the sort process. 5 hour evacuation and response by local police and hazmat teams.

Failure to properly package hazardous materials and train hazmat employees.

CAUSES

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Presenter

Presentation Notes

Pictures are a pretty good indicator of how powerful an explosion caused by gas build-up can be.



HAZARDOUS MATERIAL REGULATIONS

• 49 Code of Federal Regulations, Parts 100-181 www.gpoaccess.gov/ecfr/

• International Civil Aviation Organization (ICAO) Technical Instructions www.icao.int/

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Presenter

Presentation Notes

49 CFR (Title 49 of the Code of Federal Regulations) is where many US Department of Transportation regulations are found. - Parts 171-180 of 49 CFR contain the Hazardous Materials Regulations (the “HMR”). Air shipments prepared in accordance with the ICAO TI are acceptable for transport to, from, or within the United States per 49 CFR 171.22 to 171.24.



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What to expect from the FAA on an inspection of your facility…..

• AT A MINIMUM, A REVIEW OF:

• Hazardous Materials Shipping papers (Two Year File).

• Training records for your personnel, both general awareness and function specific.

• Your Hazardous Materials classification procedures.

• Your packaging and handling procedures.

• Your Hazardous Materials shipping patterns.



Classification Shipping papers Packaging Training

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Most commonly found areas of non-compliances during investigations &

inspections



Classification

• SAFETY DATA SHEETS

– Proper Shipping Name – Hazard Class – Packing Group – UN or ID number

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Presenter

Presentation Notes

UN SPEC PACKAGING - Closing Instructions, Solids or Liquids - Proper Tape -



Shipping Papers

• UN, PSN and PG

• Emergency

Response Number

• Record Retention

49 CFR 172.200

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Presenter

Presentation Notes

SHIPPING PAPER TRENDS - Incorrect entries - Consumer Commodity - - Record retention - Emergency Response Number - Not monitored 24/7 - Answering Machines used



Packaging

• Quantity Limit Violations

– Including Inner Packaging

• Closure Instructions – Solids or Liquids

• Package Variations

– 4G vs 4GV

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Presenter

Presentation Notes

UN SPEC PACKAGING - Closing Instructions, Solids or Liquids - Proper Tape - No amount of correct documentation, marking or labelling will make an improperly packaged or leaking dangerous goods shipment safe. Most dangerous goods incidents are the result of packaging failure, and those failures usually come from a lack of correct packaging or a mis-application in the method of packing.



TRAINING

What Must Training Include?

1) General Awareness [172.704(a)(1)] 2) Function-Specific [172.704(a)(2)] 3) Safety [172.704(a)(3)] * 4) Security Awareness [172.704(a)(4)] * 5) In-Depth Security [172.704(a)(5)] **

* Per 172.704(b), training provided to comply with the hazard communication programs required by OSHA and EPA, or training provided to comply with security training programs of other federal or international agencies, may be used to comply with the requirements of (3) and (4).

** In-depth security training is only required when a DOT Security Plan is required per 172.800(b).

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Presenter

Presentation Notes

In-Depth Security is required only under certain circumstances. Shippers offering under ICAO/IATA, must also receive training in those international standards, per 171.22(g)(2).



TRAINING

Who needs to be trained? Employees who…

Determine the hazard class of a material Select hazardous materials packaging Fill a hazardous materials packaging * Secure a closure on a hazardous materials packaging * Mark/Label a package Prepare a shipping paper Provide/Maintain emergency response information Review/Certify shipping papers Load/Block/Brace hazardous materials in a container or vehicle Select/Provide/Affix placards * Note – to include an inner packaging

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Presenter

Presentation Notes

This includes employees who fill inner containers.



TRAINING A hazmat employer must create and retain a

record of training, inclusive of the previous 3 years, which includes:

1) Employee name 2) Date of most recent training 3) Description, copy, or location of training materials 4) Name and address of the person who provided training 5) Certification that employee has been trained & tested

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Presenter

Presentation Notes

Individuals who certify hazardous materials documentation must be function-specifically trained in all functions related to the shipment because they are confirming that the shipment is proper in all regards for transportation according to the HMR. Individuals who prepare shipping papers are considered hazmat employees and must complete hazardous materials training, even if they perform no other hazmat function.



TRAINING

By providing a certification, the hazmat employer is confirming that the hazmat employee “has a familiarity with the HMR, is able to recognize and identify hazardous materials, has a knowledge of specific requirements of the HMR applicable to the functions performed, and has a knowledge of emergency response information, self protection measures, and accident prevention methods and procedures.” {49 CFR 172.700(b)}

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Presenter

Presentation Notes

A hazmat employer shall ensure that each hazmat employee is trained & tested by appropriate means; and a record shall be kept certifying that the hazmat employee has been trained and tested. {49 CFR 172.702(a) & (d); 172.704(d)(5)}



Challenges for Universities • Hazmat Employees

– Identify who may perform “pre-transportation functions” • Administrative Staff, Scientist, R&D, Students, Custodial and

Maintenance Staff, Engineering, Security, Shipping and Receiving

– Identify who has access to • Shipping accounts, documents and packaging

• Many Locations and Many Shippers – Identify where & when hazmat may be offered

• Shipping, Receiving, Labs, Test Facilities • Shipping for Field Tests, Conferences and Trade Shows • Sports Teams, Robotic Teams, Clubs

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Presenter

Presentation Notes

COMMUNICATION is the key.



Challenges for Universities • Identify Hazardous Materials

– Identify what products are subject to the HMR • Lab chemicals, Biological products, Cleaning Supplies,

Paints, etc.

• Offering Electronics and Batteries – Mistakenly offered as non-hazardous – Equipment with compressed air chambers or pistons – Lithium Ion (rechargeable) – Lithium Metal (primary) in laptops, etc. – Instruments with compressed gas cartridges / canisters /

cylinders – Traditionally offered by employees not traditionally thought

of as “hazmat employees”

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Violation Enforcement

• Counseling

• Warning Notice

• Civil Penalty

• Criminal Action



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Civil Penalty Amount$ 49 CFR §107.329 Maximum penalties. (a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $75,000 for each violation, except the maximum civil penalty is $175,000 if the violation results in death, serious illness or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $450 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense.



DRY ICE Dry ice is only regulated for transportation by

vessel and air.

Up to 2.5 kilograms (5.5 pounds) of dry ice may be in carry-on baggage. Package must allow the release of carbon dioxide gas (no air-tight containers).

There are additional requirements for dry ice offered as cargo.

FAA Advisory Circular, No. 91-76, issued to identify potential hazards associated with dry ice shipments. Document is available at:

http://www.faa.gov/regulations_policies/

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Class 6.2 Infectious Substances

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Infectious Substance Categories Infectious substances are divided into two categories: • Category A – Fully regulated

infectious substances UN 2814 or UN 2900

• Category B – Regulated infectious substances with exceptions UN 3373



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Infectious Substance Definition

“(1) Division 6.2 (Infectious substance) means a material known or reasonably expected to contain a pathogen. A pathogen is a microorganism (including bacteria, viruses, rickettsiae, parasites, fungi) or other agent, such as a proteinaceous infectious particle (prion), that can cause disease in humans or animals.”

49 CFR 173.134(a)(1)



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Category A Classification

Category A: An infectious substance in a form capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs….

49 CFR 173.134(a)(1)(i)



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Category B Classification

Category B: An infectious substance that is not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs….

49 CFR 173.134(a)(ii)



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Medical Waste Regulated Medical Waste, UN3291 When containing Category B Substances

When containing Category A substances, the waste must use a Category A PSN and UN# (UN 2814 or UN 2900)

Medical waste are not regulated by the 49 CFR when not containing infectious substances or other hazmat



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Class 9: Miscellaneous Hazardous Materials



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Lithium Batteries – Class 9 Updated February 06, 2015

80 FR 1075 - FR • Six Proper Shipping Names changed • New UN numbers • Updated Special Provisions • Lithium metal batteries now forbidden on passenger

flights • Must be properly marked for cargo flight • Check the FR for background details.

ICAO has adopted similar restriction



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(49 CFR)Lithium Batteries – Class 9 HMT Listings:

• Lithium metal batteries - UN3090 • Lithium metal batteries, contained in equipment – UN3091 • Lithium metal batteries, packed with equipment – UN3091 • Lithium ion batteries - UN3480 • Lithium ion batteries, contained in equipment – UN3481 • Lithium ion batteries, packed with equipment – UN3091

Exceptions and requirements located in Part 173.185 and

the Special Provisions referenced for each Proper Shipping Name (PSN) referenced in the

Hazardous Materials Table (HMT).



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(ICAO) Lithium Batteries – Class 9

ICAO Listings (as of 2009): • Lithium metal batteries - UN3090 • Lithium metal batteries contained in equipment – UN3091 • Lithium metal batteries packed with equipment – UN3091 • Lithium ion batteries – UN3480 • Lithium ion batteries contained in equipment – UN3481 • Lithium ion batteries packed with equipment – UN3481

Each listing has its own Packing Instruction (965 – 970) describing the applicable requirements for fully regulated shipments in Section I and the conditions of exceptions in

Section IB and Section II



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Dry Ice - Class 9 Dry Ice is a regulated hazardous material when transported by air or water. It is not regulated for surface transportation which

may lead to the offer of undeclared shipments of Dry Ice if you are unfamiliar

with the requirements. 49 CFR Part 173.217 covers the requirements

and exceptions for dry ice.



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Dry Ice - Class 9 49 CFR Part 173.217

Air Applicable Regulations 173.217(a) – Must be packaged in a vented package. 173.217(c) – For air transport: 1. Must mark the quantity on the package 2. Must make arrangements with the carrier 3. Requirements for Unit Load Devices 4. Alternate documentation exception 5. Exception for quantities not exceeding 2.5 kg (5.5 lb) - must comply with 173.217(a) - must be marked with PSN and quantity (or an indication < 2.5 kg) - IS excepted from all other requirement of the HMR (including training) 173.217(d) – Exception for diagnostic or treatment materials. - excepted from shipping paper & certification – NOT labeling, marking or training - must comply with 173.217(a) & (c)(2) - must meet additional marking requirements



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Other Materials Common to Universities • Formaldehyde & Alcohol solutions:

– depending on concentration they might not fit the criteria for hazardous materials set forth in the regulations

– depending on the quantity and/or type of packaging, you may qualify for exceptions

– if the material that is being preserved qualifies as a hazardous material, it must be properly classified and prepared

– Compressed gases (Class 2)– – Flammable (2.1) – Non-flammable (2.2) – Toxic (2.3)



CONTACT INFORMATION FAA Great Lakes, Regional Operations Center (ROC): 1-800-ROC-1457 FAA Chicago Hazardous Materials Division: 1-847-294-7414 PHMSA Hazardous Materials Information Center (HMIC): 1-800-HMR-4922 National Response Center (NRC) 1-800-424-8802 The HMIC is open for direct calls from 9:00 am to 5:00 pm EST, however you may leave a message

at any time, or you may email questions to [email protected] (please include your telephone number in your email). You may also write to:

Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Ave., SE East Building, 2nd Floor

Washington, D.C. 20590-0001

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USEFUL WEBSITES PHMSA HAZMAT Safety Homepage: http://phmsa.dot.gov/hazmat FAA Office of Hazardous Materials: www.faa.gov/go/hazmatsafety Electronic Code of Federal Regulations: www.gpoaccess.gov/ecfr

OTHER MODAL ADMINISTRATIONS

Federal Motor Carrier Safety Administration:

http://www.fmcsa.dot.gov/safety-security/hazmat/hm.htm

Federal Railroad Administration: http://www.fra.dot.gov

United States Coast Guard: http://www.uscg.mil/USCG.shtm

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http://phmsa.dot.gov/hazmat

http://www.faa.gov/go/hazmatsafety

http://www.gpoaccess.gov/ecfr



QUESTIONS ??????????????

Disclaimer: The content of this presentation does not satisfy the DOT hazardous materials training requirements in 49CFR, Subpart H.

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Documents

Shipping Administration Federal Aviation Hazardous …...*Note - In the aviation industry the term Dangerous Goods is used synonymously with the term Hazardous Material. Federal Aviation