I

104TH CONGRESS

2D SESSION H. R. 3618

To amend title 49, United States Code, to prohibit the transportation of

chemical oxygen generators as cargo on any aircraft carrying passengers

or cargo in air commerce, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 12, 1996

Mr. RUSH (for himself, Mr. POSHARD, Mr. TOWNS, Mr. VISCLOSKY, Mrs.

COLLINS of Illinois, Ms. FURSE, Mr. MATSUI, Ms. PELOSI, Mr. CONDIT,

Mr. DIXON, Mr. BONIOR, Mr. LAHOOD, Mr. THOMPSON, Mr. CLYBURN,

Mrs. MEEK of Florida, Mr. GUTIERREZ, Mr. ROEMER, and Ms. ESHOO)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to prohibit the transportation of chemical oxygen generators as cargo on any

aircraft carrying passengers or cargo in air commerce,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Airline Passenger Safe5 ty Act of 1996’’.
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1 SEC. 2. AIR TRANSPORTATION OF OXIDIZING MATERIALS.

2 (a) IN GENERAL.—Chapter 51 of title 49, United

3 States Code, is amended by inserting after section 5114

4 the following:

5 ‘‘§ 5114a. Air transportation of oxidizing materials

6 ‘‘(a) CHEMICAL OXYGEN GENERATORS.—A chemical

7 oxygen generator may not be transported as cargo on any

8 aircraft carrying passengers or cargo in air commerce (as

9 defined in section 40102(a) of this title), regardless of

10 whether the generator has been discharged.

11 ‘‘(b) OXIDIZERS AND OXIDIZING MATERIALS.—

12 Oxidizers and oxidizing materials (other than chemical ox13 ygen generators) may be transported in the cargo com14 partment of an aircraft carrying passengers or cargo in

15 air commerce (as defined in section 40102(a) of this title)

16 only if the cargo compartment is equipped with—

17 ‘‘(1) a separate approved smoke detector or fire

18 detector system to give warning at the pilot or flight

19 engineer station; and

20 ‘‘(2) an approved built-in fire extinguishing sys21 tem controllable from the pilot or flight engineer sta22 tion.

23 ‘‘(c) PROCEDURES.—The Secretary of Transpor24 tation shall prescribe procedures for monitoring and en25 forcing regulations prescribed under this section.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on the date of the enact3 ment of this Act.

4 (c) CONFORMING AMENDMENT.—The table of sec5 tions at the beginning of chapter 51 of title 49, United

6 States Code, is amended by inserting after the item relat7 ing to section 5114 the following:

‘‘5114a. Air transportation of oxidizing materials.’’.

8 SEC. 3. CARGO COMPARTMENT CLASSIFICATIONS.

9 Not later than 90 days after the date of the enact10 ment of this Act, the Administrator of the Federal Avia11 tion Administration shall modify regulations contained in

12 part 25 of title 14, Code of Federal Regulations (relating

13 to air worthiness standards for transport category air14 planes), to require that each Class D cargo or baggage

15 compartment (as defined in section 25.857 of such title)

16 be equipped with—

17 (1) a separate approved smoke detector or fire

18 detector system to give warning at the pilot or flight

19 engineer station; and

20 (2) an approved built-in fire extinguishing sys21 tem controllable from the pilot or flight engineer sta22 tion.
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1 SEC. 4. PRACTICES AND TRAINING FOR HANDLING PAS2 SENGER BAGGAGE AND CARGO.

3 (a) EVALUATION.—The Administrator of the Federal

4 Aviation Administration shall conduct an evaluation of the

5 practices of, and training provided by, all air carriers for

6 accepting passenger baggage and freight shipments (in7 cluding company materials) and for identifying undeclared

8 or unauthorized hazardous materials. The evaluation shall

9 apply to any person, including ramp personnel, who ac10 cepts baggage or cargo for transport on passenger or

11 cargo aircraft.

12 (b) REVISION OF PRACTICES AND TRAINING.—Based

13 on the evaluation conducted under subsection (a), the Ad14 ministrator shall require all air carriers to revise, as nec15 essary, practices and training for accepting passenger bag16 gage and freight shipments and for identifying undeclared

17 or unauthorized hazardous materials that are offered for

18 transport.

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