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In conjunction with FAA, DOT's Transportation Safety Institute has conducted over 40 seminars throughout the country on the transportation of hazardous materials. Over 5,000 representatives from industry have attended.

Inspections increased from 571 in 1971-72 to 12,446 in fiscal year 1975. These inspections, plus the activities of the full-time coordinators represent approximately 61 employee-years of effort. FAA has approximately 1,000 air carrier and general aviation inspectors assigned to 108 district offices. Although none of these inspectors is assigned exclusively or specifically to hazardous materials, this function is included within their inspection and surveillance duties.

Upon determination that it is in the best interest of safety, amendments to the hazardous materials regulations are made. Since January 1, 1973, FAA has published 11 such amendments.

For example, pursuant to amendment No. 103-23 to FAR 103, effective March 7, 1975, FAA requires air carriers to inspect each package of hazardous materials for compliance with the regulations prior to placing the material in the aircraft.

Another example would be amendment No. 103-24 to FAR 103, effective May 3, 1975, implementing section 108 of Public Law 93–633, which restricts the carriage of radioactive materials on passengercarrying aircraft to those used in research or medical diagnosis or treatment. (See app. 3 p. 76.)

In upholding its responsibility to assure the safety of air transportation, the FAA has set up in part 103 special and additional requirements, over and above those contained in title 49, for the carriage by air of materials classified as hazardous. FAA regulations, in addition to specifying requirements unique to the air transportation of hazardous materials, incorporate by reference the comprehensive DOT hazardous materials regulations.

Effective July 7, 1975, the Materials Transportation became operational within DOT. It was assigned the function of implementing the Hazardous Materials Transportation Act of 1974. FAA is currently working with the Bureau in implementing the act by furnishing technical information and proposed rules and procedures for the air transportation of hazardous materials and consolidating all hazardous materials regulatory activities within the Department. Regulations are being developed to fully implement the 1974 act.

It is felt that FAA regulations now in effect and those soon to be issued under Public Law 93-633 will be effective from the standpoint of insuring continued safety in the transportation of hazardous materials. As in the past, we are constantly reevaluating the effectiveness of our regulations in light of technological discoveries and operational considerations.

FAA will continue working with the Materials Transportation Bureau and the Nuclear Regulatory Commission regarding radioactive materials to improve FAA standards as necessary to insure the continued safe air transportation of radioactive and other hazardous materials. The education of shippers, air carriers, and FAA inspectors will be continued through hazardous materials seminars and training provided at the FAA Academy and Transportation Safety Institute. Emphasis has been placed, and will continue to be placed, on the inspection and surveillance of shipment of hazardous materials in air

transportation. The objective, of course, is to assure full compliance with the hazardous materials regulations. Noncompliance will be met. with appropriate enforcement action.

Mr. Chairman, this concludes my prepared statement. I will be happy to answer any questions you may have.

Mr. RANDALL. Mr. Ferrarese, we are delighted to have you.

You did not discuss exemptions in your statement, and I understand that the staff asked you to do so. However, we are going to have ample time to discuss those with you.

You said on page 1 that you have had a good record—not a single passenger injury caused by air transportation of hazardous materials in 29 years. If we recall correctly, there was a lady who got a dose of radiation that would kill a horse. Did you know about that?

Mr. FARRARESE. No, sir.

Mr. RANDALL. Delta Air Lines in 1974-the lady who was pregnant; her doctors advised her to have an abortion?

Mr. MCKAY. The information we got following the investigation of that incident was that none of the passengers received any serious radiological damage.

Mr. RANDALL. Information that staff has was that she received a large over-dose.

Mr. MCKAY. I have heard that story, but it has never been verified. Mr. RANDALL. I think we ought to dig into that; the staff ought to dig into that. As I understand it, it is a very thin structure that separates where folks are sitting up above from the cargo hatch down below, directly underneath. Isn't that where it is in an ordinary plane?

Mr. MCKAY. This was an industrial device. As I understand it-I am not a physicist, or anything like that-but it would be a question of where it was pointed. And I do not think that has ever been fully determined, either.

Mr. RANDALL. We are going to do our best to find out.

You do know about the accident, then?

Mr. MCKAY. Yes, sir.

Mr. RANDALL. You say there has not been any passenger injury. You just haven't found out whether the lady was injured or not.

Mr. MCKAY. That is correct, Mr. Chairman."

Mr. RANDALL. You talk about the creation of the hazardous materials staff back as far as 1973, but you tell us you have only four specialists. Then you go ahead and say that you have 18 full-time hazardous materials coordinators in the field.

As I recall, we have 10 subcapitols in this country, don't we, for each of 10 Federal regions. So you have got eight more than if you had just one in each of those regions as a coordinator.

What is the difference between a coordinator and an honest-to-goodness plain inspector? There has to be some difference there.

Mr. FERRARESE. All of these coordinators are trained inspectors, Mr. Chairman, to begin with. We have, as I say, four here in headquarters who devote their full time to the development of regulations and policy guidance to our field with respect to the transportation of hazardous materials.

In the regions, we have at least one coordinator at the regional office level whose responsibility is to coordinate all of the hazardous materials regulatory activity and inspection activity in that region.

In some regions where they have a high volume of hazardous materials, we have an additional coordinator who is placed perhaps in one of the district offices.

But, in addition to that, Mr. Chairman, we have at least one parttime coordinator in each of our district offices-108 part-time coordinators-who coordinate all of the efforts in that particular district office concerning hazardous materials. All of the inspectors in those offices are subject to conducting inspections and surveillance on hazardous materials transportation.

Mr. RANDALL. Do you have 18 or 108? If you have only the 18, and you have one coordinator in each regional office, you have only eight left over.

Mr. FERRARESE. Mr. Chairman, what I said in my statement was that we have 18 full time; they do absolutely nothing else.

Mr. RANDALL. These other people are just part time?

Mr. FERRARESE. The other people have other inspectional activities as well as hazardous materials.

Mr. RANDALL. All right.

You talk about the FAA Academy. Is that the one out in Oklahoma City?

Mr. FERRARESE. Yes, sir.

Mr. RANDALL. You give this 56-hour course, and then you have a 32-hour training course for industry. The 56-hour course is for your own people; and the 32-hour course is for industry representatives. You use a figure of 360 persons. However, after what you have just finished telling us, you do not have 360 full-time inspectors for hazardous materials anywhere all over the United States.

Mr. FERRARESE. No, sir. That 360 persons are industry people.
The 431 inspectors have received this training at the Oklahoma City
Academy.

Mr. RANDALL. Three hundred and sixty is industry, then.
Mr. FERRARESE. That is correct.

Now in addition to that, Mr. Chairman, the remainder of the inspectors who have not received the full courses yet have been getting on-the-job training at the district office level by the coordinators. We have a slide-tape presentation that is given to all our inspectors at the field level.

Mr. RANDALL. Thank you.

Ms. Abzug?

Ms. ABZUG. Do you know how many waivers have been given for the carrying of radioactive material?

Mr. FERRARESE. We do not issue waivers for the carriage of radioactive material, as I understand it. Is that correct, Mr. McKay?

Mr. McKAY. Exemptions. We have issued no exemptions for radioactive materials on passenger aircraft. We have issued a very few, I believe. for the carriage of nuclear materials that you have referred to earlier. This is something that happens, really, very, very infrequently.

I might add, under the rules they require special handling, for example, a courier to accompany the shipment.

MS. ABZUG. Are you familiar with Baltimore Airways, Inc.?
Mr. McKAY. Yes; I am.

MS. ABZUG. I have here a particular waiver of authorization for the transportation of radioactive materials issued to Baltimore Airways, Inc., dated August 6, 1975.

Mr. McKAY. The purpose of that waiver was an attempt by an air taxi operator to carry hazardous radioactive materials in small aircraft. They are cargo-only aircraft, and this operator furnishes portalto-portal service carrying radioactive pharmaceutics from the distributor to the airplane and then from the destination to the hospital or doctor that needs the materials.

We would like to encourage this kind of operation, because it would serve to get it out of passenger airplanes-of the scheduled air carriers. Ms. ABZUG. What exemptions have been granted to carry radioactive materials?

Mr. McKAY. That is the only one, and that is a waiver that was issued at the field level with our coordination, of course.

Ms. ABZUG. Let me refresh your recollection further.

It appears that subsequently there was a grant of exemption granted. subsequent to the certificate of waiver. There was a grant of exemption terminating July 30, 1976, to the same Baltimore Airways, Inc. Mr. MCKAY. That is correct.

Ms. ABZUG. So there was an exemption.

Mr. McKAY. Yes, you are absolutely right.

Ms. ABZUG. You said before there was no waiver-and there was a waiver. You said there was no exemption-and there is an exemption. Mr. MCKAY. First we issued an exemption, and that has expired. Along about that time

Ms. ABZUG. It says the exemption terminates July 30, 1976.

Mr. McKAY. I would have to check into that and provide it for the record.

Ms. ABZUG. Are you sure that there are no other waivers of authorization affecting transportation of radioactive material?

Mr. McKAY. To the best of my knowledge.

MS. ABZUG. Are you sure that there are no other exemptions—grant of exemptions-affecting radioactive materials?

Mr. MCKAY. I would have to look into it. I do not believe so.

MS. ABZUG. Mr. Chairman, I ask that the witness be asked to check into the record carefully and to provide to this committee all certificates of waiver or authorizations for the transportation of radioactive materials, all grants of exemption of radioactive materials in transportation, and including special permits.

Mr. RANDALL. Ms. Abzug, that is exactly what we contemplated when we said we were going to ask them to bring in all of their exemptions and waivers, whether it is radioactive or whatever else it may be. Ms. ABZUG. I appreciate that, Mr. Chairman.

Mr. FERRARESE. We have submitted all of the waivers and exemptions to the committee staff just recently. We did not check into them to see whether there were any of a radioactive nature or others of that kind.

Ms. ABZUG. I would like to have that brought up-to-date, if that is so, and I will be glad to look at the files in the records.

I want to ask this question: The act, as it has been pointed out here, permits an exemption for medical and research materials. My

problem with this is-have industrial materials been included under this exemption in any cases as far as you know?

Mr. MCKAY. Not as far as I know.

Ms. ABZUG. Will you check your records on that, and include that information for this committee?

Mr. MCKAY. We will include that.

MS. ABZUG. I notice that in the granting of exemptions, there are a whole series of conditions which BAI shall maintain. If you will look at your exemption-it is on page 3-they are conditions of examination, and to see that the health, physicists, supervisors, and the whole series of regulations or instructions are under this grant.

I want you to read each of those requirements under the exemption, and I want you to answer each point and investigate whether BAI has indeed complied with each of these requirements contained in this exemption.

I want a specific report on this issue brought back. [The material is in the subcommittee files.]

MS. ABZUG. Mr. Chairman, I ask for unanimous consent that that effort shall be provided for the record. There are a series starting on page 3 of 1 to 10, going on to page 4, requirements. I would like very much to do that.

May I ask one other question?

Mr. RANDALL. Proceed.

MS. ABZUG. My concern-and this should be your concern—is a concern of safety. What I would like you to answer for the record is this: BAI has been granted both a waiver and now an exemption until 1976 for the transportation-and it is rather broadly stated, I may add, so that it is not clear to me that they may not transport almost any kind of radioactive materials including that for industrial uses. I am concerned about that.

Our concern about this is that there is evidence which indicates that containers which are carrying plutonium do not withstand any impact; they break open when there is any impact. Therefore, if a waiver is granted or an exemption is granted, and there is an aircraft accident where there is rupturing, and if this waiver permits an area of operation over the large cities of this Nation, as indeed this does, then it is very cavalier for you to say that we are very happy to have these airplanes carrying this stuff around away from passengers.

If there is a rupturing, the impact on the environment is on many people. It doesn't matter, in that case, that it is away from passengers. Mr. MCKAY. May I comment on that? The packaging for nuclear materials packaging standards are the responsibility of the Nuclear Regulatory Commission. They are supposed to withstand crash impact forces. Nevertheless, the Nuclear Regulatory Commission is taking another look at this entire matter. They are now-at least my latest information was-that they are coming up with a very broad environment assessment of this entire question.

Furthermore, Baltimore Airways is not carrying nuclear materials. They are carrying radio pharmaceuticals.

MS. ABZUG. I think there was a problem in connection with this. I think some of this was brought about by a different kind of action, and not necessarily provided by the law, but mainly an embargo by the pilots.

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