Airline Said to Face Charges Over Toxic Cargo

MIAMI —  A federal grand jury reportedly is considering criminal charges against American Airlines after a two-year investigation of its acceptance of hazardous cargo.

The case stems from an incident in October 1997 when passengers were evacuated from an American Airlines plane at Miami International Airport because an illegal shipment of 500 pounds of a toxic pesticide broke open while being loaded as cargo, the Miami Herald and the New Yorker reported.

American Airlines referred questions to its attorney, Rebekah Poston, who did not return a telephone call on Saturday.

The legal limit for such shipments is 2.2 pounds, the New Yorker reports in its Nov. 15 issue.

An indictment could come within days, the Herald said in Saturday’s editions.

The incident occurred during a federal crackdown on dangerous cargo after the 1996 ValuJet crash, which was attributed to a fire produced by an illegal shipment of oxygen generators.

The airline has repeatedly said it was cooperating with federal authorities, even before 60 federal agents raided its Miami cargo terminal and offices for documents on hazardous materials three weeks after the pesticide spill.

The documents revealed an almost complete lack of control and security for excess baggage and unmarked cargo, the Herald said.

“It’s permissible to fly toxic materials. The problem with American is that it was not complying with the federal regulations,” an investigator familiar with the inquiry told the Herald. “They were transporting toxic materials that were not labeled.”

Subsequent FAA inspections in Miami found 13 airlines were willing to carry improperly marked packages and 10 of 17 cargo companies failed to follow security procedures in identifying the contents of shipments.