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The Chances of Getting Inspected Are Slim Once upon a time that was true, until the Valujet Disaster in 1996 and 110 people died because of an untrained hazmat shipper, there were less than two dozen FAA Special Agents who enforced hazardous material and cargo security regulations around the country. After those passengers and flight crew died because of the undeclared hazmat shipment, the FAA increased their hazmat enforcement staff over 1000 percent. Since September 11th, hazmat enforcement is an an unprecedented level. Operation Hazstrike What is "Operation Hazstrike"? A concentrated effort by the FAA to inspect carriers, freight forwarders and their shippers at selected airports around the country. How does it work? The FAA special agents visit air carriers offices and inspect their "90 day file" which is a record of all hazardous shipments sent by air within the last three months. They can also inspect any shipments on hand at that time. They then notify the freight forwarder, shipper and others involved in the shipment and give them 30 days to produce training records proving compliance with the training requirements of 49 CFR. If during the inspection they have uncovered a probable violation, they will notify the responsible persons at that time through a "Notice of Probable Violation". What are the next steps? In the case of a suspected violation, the responsible persons have 30 days to make an initial response and present facts pertinent to the case. If the FAA feels that a violation did occur the can take further enforcement action including the next step which would be a "Notice of Proposed Civil Penalty". Is this public information? Yes, if the proposed penalty is $50,000 or over it is released to the news media. Even the news media themselves are not immune -- just this month Reuters News Agency themselves received notice of a proposed $100,000 fine against them for a FedEx shipment of ink; and this is now a matter of public record, even before the case is completely adjudicated. Click here to view the article in .pdf format. |
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