Package Failures and the Use of Performance-Oriented Packagings Aboard an Aircraft

Thank you for your July 5, 2001 letter to Mr. Robert McGuire, Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration (RSPA), expressing your concerns regarding package failures and the use of performance-oriented packagings for transportation of hazardous materials by aircraft. This letter is to inform you of our progress in addressing these issues. Please accept my apology for our delay in responding.

We do not agree that reports of packaging failures necessarily indicate that performance-oriented packagings are of lesser integrity than the specification packagings that they replaced. The number of incidents reported has been on the rise for many years, including those years before the adoption of UN standards. This increase appears due, in part, to increases in the amount of cargo carried, better enforcement, and better reporting by the airlines. Also, many releases appear to be caused by poor selection or preparation of packagings (e.g., improper securement of closures), rather than by deficiencies in package design or regulatory requirements.

We share your concern about incidents involving packaging failures in the air mode and are particularly concerned about the number of instances of leakage from closures. Further, we strongly agree that there is a need to consider raising the standards for packaging used for transportation by aircraft including awareness of those standards, and our current efforts are addressed to that. For example, on May 13, 2002, we published a notice hi the Federal Register (67 FR 31974; copy enclosed) to remind hazardous materials shippers of their responsibilities to properly identify, package, and communicate the hazards of those materials in conformance with the HMR. The notice emphasizes the requirements for air transportation because of the number of reported incidents involving air transportation and the vulnerability of air transportation to potentially catastrophic accidents. As indicated in the notice, many incidents result from noncompliance with the requirements of the Hazardous Materials Regulations (HMR). They are frequently caused by a shipper's lack of awareness of requirements, rather than a deliberate attempt to violate the HMR or an inherent deficiency in the packaging used. The notice details general packaging requirements for air shipments of hazardous materials, including requirements for inner packagings, pressure differential capability, closures, and absorbent material.

In addition, the Department's Intermodal Hazardous Materials Programs Office (IHMP) recently conducted an in-depth review of hazardous materials cargo incidents reported to RSPA. Based on a review of incidents for calendar years 1998-2000, IHMP sent letters to those shippers with the highest number of incidents involving packaging failures in transportation to inform them of the incidents and offer to work with them to reduce the number of packaging failures in the future. Indications are that this effort is yielding positive results.

We also have initiated a rulemaking project to address issues raised by internal reviews of current requirements, enforcement actions, and requests for interpretation by packaging manufacturers, third-party labs, and shippers as to how the packaging requirements are applied. This project will result in proposals to revise the performance-oriented packaging requirements to clarify requirements, address deficiencies, and make the standards easier to follow and understand.

Finally, we are working with our counterparts in the United Nations and the International Civil Aviation Organization (ICAO) to address problems involving closures on performance-oriented packagings and to raise shipper awareness of air transport packaging requirements. The ICAO Dangerous Goods Panel has adopted a requirement specifying that a packaging must be closed according to information provided by the packaging manufacturer and that manufacturers and subsequent distributors of packagings must provide information as to procedures to be followed for filling and closing the packaging and the types of closures required. In addition, the next edition of the ICAO Technical Instructions on the Transport of Dangerous Goods will include a requirement that shippers must mark packagings with an air eligibility mark. This new marking requirement should increase shipper awareness of the air transport packaging requirements. These changes were based on proposals jointly developed by RAPA and FAA. We recently submitted a proposal to the UN Transport of Dangerous Goods Subcommittee to include a vibration test for non-bulk packagings in the UN Model Regulations. We are also considering future proposals to enhance packagings used for air transport, such as requiring liners for all outer packagings that are not capable of retaining liquids. This is similar to a requirement recently included in the International Air Transport Association's Dangerous Goods Regulations.

I extend our sincere appreciation to you and your organization for your ongoing efforts to create a safe transportation environment for the air transportation of hazardous materials. We look forward to working with you on these crucial issues. Please contact me if you have questions or need further information.