FLIGHT ATTENDANTS PUSH FOR RULEMAKING TO REGULATE AIRCRAFT TEMPERATURE
August 9, 2018
On July 6, 2018, the Association of Flight Attendants-CWA, AFL-CIO (AFA) formally petitioned DOT Secretary Elaine Chao to conduct a rulemaking to establish operational temperature standards on commercial aircraft. In its petition, the AFA noted the virtual lack of regulation in this area, and highlighted several incidents of high in-cabin temperatures that received national media attention. To address the current lack of temperature requirements, the AFA suggests that DOT could potentially revise the tarmac delay rule to regulate cabin temperatures for aircraft while on the ground, presumably by adding such a requirement to the “assurances” covered carriers provide in their Contingency Plans for Lengthy Tarmac Delays. The AFA also advises that “the best approach will be to promulgate a rule to limit on board temperature extremes during all phases of flight.”
Notwithstanding the form that any suggested rulemaking may take, the AFA strongly recommends that the Department adopt the reasonable cabin temperature limits established by Standard Project Committee 161 of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE). According to the Petition this standard, otherwise known as ASHRAE 161 (Air Quality within Commercial Aircraft), was developed by a committee that included a cross-section of members from the aviation community, including aircraft and component manufacturers, airlines, as well as crewmember and passenger groups. The current ASHRAE standard calls for the following temperature ranges:
- Target range inflight and on the ground: 65 — 75°F.
- Maximum allowed temperature on the ground: 65 to 80°F. (with an allowance for a maximum temperature 85°F. if all in-flight entertainment are operating on).
- Maximum allowed temp. inflight: 80°F.
The AFA’s petition for rulemaking calls on DOT to take the following three actions:
- Exercise its rulemaking authority under 49 U.S.C. Subtitle VII, including, but not limited to, 49 U.S.C. 41712 and 42301, to propose and promulgate regulations that adopt the cabin temperature standards published in ASHRAE 161. These standards should include, but not be limited to, the provisions in ASHRAE 161 Section 5 General Requirements and Section 5.2 Temperature, and apply to all commercial passenger flights operated by U.S. commercial airlines, as well as by foreign airlines operating to and from U.S. states and territories.
- Issue guidance encouraging airlines to adopt the cabin temperatures standards published in ASHRAE 161 until a final rule is issued.
- Establish an advisory committee to conduct ongoing reviews of airplane cabin environmental data and conditions and assist and advise the DOT in proposing rules and standards to ensure the highest levels of safety, health, and comfort for airline passengers and crewmembers.
We will continue to keep our readers updated on any new regulatory developments in this area.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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