The FAA reenergized its Hazardous Materials program in late 2002 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).

As a result of this change in responsibility, the FAA is focused solely on the safe transport of hazardous materials by air. 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, in June 2003, the agency sent its hazardous-materials agents to visit fireworks retailers across the Southeast during the weeks prior to the Independence Day holiday. During their visits, the agents distributed educational brochures and posters, and met with local press to explain the dangers of bringing fireworks aboard aircraft. In the Southwest, hazardous-materials agents held press conferences at airports in Houston, New Orleans and Dallas/Ft. Worth to communicate the same message. The FAA estimates its "Fireworks Don't Fly" campaign this year reached millions of people.

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. Another re-energizing of the program came in 2002 when the FAA was able to narrow its focus to hazardous-materials oversight once the TSA took over responsibility for ensuring cargo security.

The FAA's hazardous-materials program employs a three-prong program to ensure compliance. It focuses on:

Today, the FAA is examining virtually every aspect of hazardous-materials transportation by air. With 124 dedicated hazardous-materials agents and $18 million for FY 2004, the program will inspect approximately 3,000 air carriers and 6,000 shippers. It will also undertake an estimated 1,000 outreach initiatives, such as those carried out under the "Fireworks Don't Fly" campaign of 2003. Any investigation that reveals willful or knowing violations will be coordinated with the Department of Justice for possible criminal prosecution. All of these efforts should increase industry 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.

Each year, the FAA opens around 2,000 hazardous-materials investigations, about 500 of which lead to proposed civil penalties. By regulation, violators of the hazardous-materials regulations can be charged up to $30,000 per violation, and there may be multiple violations in any one case. Since 1998, the agency has collected a yearly average of $6.87 million for violations of the hazardous materials regulations. The fines do not necessarily mean more violations are occurring, but rather that the FAA now has a greater ability to uncover and respond to violations. In fact, hazardous-materials incidents reported by air carriers have declined from around 1,600 in 1999, to less than 800 in 2002.

The more industry knows about its responsibilities, the fewer accidents and incidents there will be from improper shipments. The FAA's outreach is directed toward associations, manufacturers and shippers 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://asi.faa.gov/Hazmat.asp) and see press releases on the fines for improper shipments (http://www.faa.gov/apa/pr/safety/safetyindex.cfm).

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. The FAA targets commodities of most concern for inspections and outreach efforts.

The FAA's aggressive inspection regime, extensive outreach, and increased ability to track dangerous trends help ensure that shippers and air carriers comply with regulations for the safe transportation of hazardous materials by air.