[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1293 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1293
To improve the safety of the air supply on aircraft, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Garamendi (for himself and Mr. Fitzpatrick) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To improve the safety of the air supply on aircraft, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabin Air Safety Act of 2023''.
SEC. 2. IMPROVEMENTS TO THE SAFETY OF THE AIR SUPPLY ON AIRCRAFT.
(a) In General.--Subpart III of part A of subtitle VII of title 49,
United States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 454--CABIN AIR QUALITY AND SAFETY
``Sec. 45401. Definition of Administrator
``In this chapter the term `Administrator' means the Administrator
of the Federal Aviation Administration.
``Sec. 45402. Training to respond to smoke or fume incidents on
aircraft
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Administrator shall promulgate
regulations requiring flight attendants, pilots, aircraft maintenance
technicians, and airport first responders and emergency response teams
to receive training, not less frequently than annually, on how to
respond to incidents on board aircraft involving smoke or fumes.
``(b) Requirements.--The training required by subsection (a) shall
include the dissemination of educational materials with respect to the
following:
``(1) Sources and types of smoke and fumes on board
aircraft.
``(2) Odor and visual descriptors to allow an individual to
recognize the presence of engine oil and hydraulic fluid fumes
and other potentially hazardous fumes, such as fumes relating
to engine exhaust, ground service vehicle exhaust, fuel, de-
icing fluid, electrical failures, and ozone.
``(3) The potential for acute or chronic impairment to an
individual relating to such fumes.
``(4) Procedures for recognizing and responding to smoke
and fumes on board aircraft.
``(5) An overview of the system for reporting incidents of
smoke or fumes on board aircraft established under section
45403(a)(2).
``(6) Requirements relating to reporting incidents of smoke
and fumes on board aircraft to the Administrator under sections
45403 and 45405(b).
``Sec. 45403. Reporting of incidents of smoke or fumes on board
aircraft
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Administrator shall--
``(1) develop a standardized form for flight attendants,
pilots, and aircraft maintenance technicians to report
incidents of smoke or fumes on board an aircraft operated by an
air carrier; and
``(2) establish a system for reporting incidents of smoke
or fumes on board aircraft that allows--
``(A) pilots, flight attendants, and aircraft
maintenance technicians to--
``(i) submit the form developed under
paragraph (1) to the Administrator and the
relevant air carrier; and
``(ii) receive a copy of such submission
for their records; and
``(B) pilots, flight attendants, aircraft
maintenance technicians, the collective bargaining
representative of employees of the air carrier, and air
carriers to search the reported incidents database
compiled by the Administrator for the purposes of
reviewing and monitoring incidents contained in the
database and assisting with investigations conducted
under section 45404.
``(b) Content of Forms.--The form developed under subsection (a)(1)
for reporting an incident of smoke or fumes on board an aircraft shall
include sections for the following information, if available at the
time of the report:
``(1) Identification of the flight number, the city pair,
the type of aircraft, the registration number of the aircraft,
and the individual reporting the incident.
``(2) Information about the presence of smoke, including a
description of the nature, intensity, and visual consistency
(if any).
``(3) Information about the presence of fumes, including a
description of the nature and intensity of the odor.
``(4) Information about the location of the smoke or fumes
in the aircraft.
``(5) Information about the source of the smoke or fumes,
including in relation to the air supply vents and electrical
system.
``(6) Information about the type of smoke or fumes.
``(7) Information about the engine manufacturer, engine
type, the engine serial number, and the age of the engine.
``(8) Information about--
``(A) the phase of flight during which smoke or
fumes were present;
``(B) the estimated duration of the smoke or fumes;
and
``(C) if the incident happened while the aircraft
was on the ground, information about the air supply
source at the time of the incident.
``(9) Other observations about the smoke or fumes.
``(10) A description of symptoms reported by crew members
and passengers and any required onboard medical attention.
``(11) Information with respect to whether crew members or
passengers used, needed, or were administered supplemental or
emergency oxygen.
``(12) Information regarding any disruption to the
operation of the flight or subsequent flights.
``(13) Information about relevant maintenance work
conducted on the aircraft prior to and following the incident.
``(14) Relevant air monitoring data collected during the
flight.
``(c) Public Availability of Smoke and Fume Event Information.--
``(1) In general.--Not less frequently than quarterly and
subject to paragraph (2), the Administrator shall compile, and
make available to the public, statistics regarding the
information obtained from the forms developed under subsection
(a)(1) and submitted to the Administrator.
``(2) Website.--The Administrator shall develop a publicly
available internet website that includes the aggregate data
required under paragraph (1) and a searchable database for the
events reported to the Administrator under subsection (a)(2)
that includes the following variables for each event:
``(A) Date.
``(B) Tail number.
``(C) Aircraft type.
``(D) Air carrier.
``(E) Phase of flight.
``(F) Location of smoke or fumes in the aircraft.
``(G) Description of smoke or fumes, including
relation to air supply vents and the nature and
intensity of the odor.
``(H) Engine or auxiliary power unit type.
``(I) Engine oil or hydraulic fluid type, including
product name.
``(J) Deidentified narrative.
``(K) Relevant maintenance information.
``(L) Such other criteria as the Administrator
considers appropriate.
``(3) Redaction.--Before making either individual event
information or aggregate data available to the public under
paragraph (1) or (2), the Administrator shall redact any
personally identifiable information.
``Sec. 45404. Investigations
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Administrator shall promulgate
regulations--
``(1) authorizing the Federal Aviation Administration to,
at their discretion, conduct an investigation described in
subsection (b) not less than 7 days after a report is submitted
to the Administrator through the system for reporting incidents
of smoke or fumes on board aircraft established under section
45403(a)(2); and
``(2) requiring the Federal Aviation Administration to
conduct an investigation described in subsection (b) when the
report indicates that 1 or more crew members or passengers had
symptoms that required medical attention.
``(b) Requirements for Investigations.--An investigation described
in this subsection shall include the following:
``(1) Gathering factual and standardized information from
all flight attendants, pilots, aircraft maintenance
technicians, airport first responders, emergency response
teams, and medical doctors involved in the incident.
``(2) Gathering any reports submitted under section 45403
with respect to the incident.
``(3) Gathering technical findings on any replaced, worn,
missing, failed, or improperly serviced components that may
have resulted in the incident.
``(4) Identifying the cause of the incident, if possible.
``(c) Participation of Air Carriers and Collective Bargaining
Representatives.--In conducting an investigation under this section,
the Federal Aviation Administration shall--
``(1) consult with the air carrier involved;
``(2) work in conjunction with the technical
representatives of the air carrier; and
``(3) invite the participation of the collective bargaining
representative of employees of the air carrier.
``Sec. 45405. Air quality monitoring equipment
``(a) Requirement To Include on Aircraft.--Not later than 180 days
after the date of the enactment of this section, the Administrator
shall promulgate regulations requiring an air carrier, after 90 days
for public comment and not later than 1 year after the regulations are
finalized in the Federal Register--
``(1) to install and operate onboard detectors and other
air quality monitoring equipment that--
``(A) are situated in the air supply system to
enable pilots and maintenance technicians to identify
the location of the source or sources of air supply
contamination in real time, including any concentration
of carbon monoxide that is dangerous to human health;
``(B) continuously monitor any relevant marker
compound consistent with engine oil and hydraulic fluid
fume concentration in the aircraft cabin and air supply
system; and
``(C) alert the pilot and flight attendants to poor
air quality that is dangerous to human health; and
``(2) to have in place procedures to train the pilots to
initiate standardized communication and source isolation
protocols, as soon as appropriate, with the flight attendants
and air traffic controllers (as needed), and to apply their
professional judgement based on onboard conditions, all in
response to poor air quality that is dangerous to human health.
``(b) Authority of the Administrator.--The Administrator may
establish standards for aircraft cabin air quality, as the
Administrator determines is necessary to protect the health and safety
of air carrier crew members and passengers, in consultation with--
``(1) the Director of the National Institute for
Occupational Safety and Health of the Centers for Disease
Control and Prevention;
``(2) the Assistant Secretary of Labor for Occupational
Safety and Health; and
``(3) the Administrator of the Environmental Protection
Agency.
``(c) Inclusion of Information Relating to Air Quality Monitoring
Equipment in Aircraft Manuals.--Not later than 1 year after the date of
the enactment of this section, the Administrator shall promulgate
regulations requiring an aircraft manufacturer that manufactures
aircraft for air carriers to include procedures for responding to
alarms from air quality monitoring equipment required under subsection
(a) during normal and nonstandard operations in the flight operator's
manual for each such aircraft produced by the manufacturer.
``(d) Continuing Research To Develop Sensors and Techniques To
Monitor Cabin Air Quality.--The Administrator shall continue to
research, study, and identify emerging technologies suitable to provide
reliable warning of cabin air contamination from an aircraft bleed air
system, including through investigation and research into specific
sensors, methods, and operational techniques to prevent poor air
quality that is dangerous to human health.
``(e) Rule of Construction.--Nothing in this section may be
construed to imply that an investigation under section 45404 is not
necessary or that crew members and passengers have not been exposed to
smoke or fumes if the alarm from any air quality monitoring equipment
installed on an aircraft is not activated.
``Sec. 45406. Minimum equipment list for bleed air system
``Not later than 180 days after the date of the enactment of this
section, the Administrator shall promulgate regulations requiring any
manufacturer of aircraft that transports passengers or cargo to include
the air quality monitoring equipment required under section 45405 in
the master minimum equipment list for aircraft with a bleed air system
certified under section 44704 or for which certification was delegated
under section 44702(d).
``Sec. 45407. Authorization of appropriations
``There are authorized to be appropriated to the Administrator such
sums as may be necessary to carry out this chapter.
``Sec. 45408. Exclusion of helicopters
``The provisions of this chapter do not apply to helicopters.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents of subpart
III of part A of subtitle VII of title 49, United States Code,
is amended by inserting after the item relating to chapter 453
the following:
``Chapter 454--Cabin Air Quality and Safety
``45401. Definition of Administrator.
``45402. Training to respond to smoke or fume incidents on aircraft.
``45403. Reporting of incidents of smoke or fumes on board aircraft.
``45404. Investigations.
``45405. Air quality monitoring equipment.
``45406. Minimum equipment list for bleed air system.
``45407. Authorization of appropriations.
``45408. Exclusion of helicopters.''.
(2) Conforming repeal.--Section 326 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) and the item
relating to that section in the table of contents under section
1(b) of that Act are repealed.
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