§42301 — Title 49 Transportation | U.S. Code

Summary

Requires airlines and airport operators to send emergency plans to the Secretary of Transportation within 90 days of enactment. Airlines that fly planes built for 30 or more seats at commercial airports, airport owners, and operators of diversion airports must send plans. Airline plans must cover every airport they serve and any airport where they control inventory. Plans must explain how the airline will give passengers food, drinking water, working restrooms, reasonable cabin temperatures, and access to medical care during delays. Plans must describe sharing gates and other facilities in an emergency. Plans must give passengers the choice to get off the plane after an excessive tarmac delay, including if a flight is diverted, and say how the airline will begin returning the plane to a proper disembarkation point within 3 hours for domestic interstate flights and 4 hours for foreign flights after the main door was closed. Passengers may not be allowed to deplane only if an air traffic controller says it would seriously disrupt operations or the pilot says it would endanger safety or security. Airport plans must describe deplaning after long tarmac delays, gate sharing, and providing a sterile area for travelers who have not cleared U.S. Customs. Carriers must update plans every 3 years; airports every 5 years. The Secretary has 60 days to review plans or require changes, otherwise they are treated as approved. Approved plans must be posted publicly by the carrier or airport. After any excessive tarmac delay, the responsible airline must report the event and how it was handled to DOT’s Aviation Consumer Protection Division within 30 days. Definitions: commercial airport = large, medium, small hub, or nonhub airport; covered air transportation = scheduled or public charter passenger service on aircraft originally designed for 30+ seats; tarmac delay = time passengers are on board waiting for takeoff after doors close or waiting to deplane after landing; excessive tarmac delay = over 3 hours for interstate or over 4 hours for foreign flights.

Title 49, §42301

Transportation — Source: USLM XML via OLRC

(a)Not later than 90 days after the date of enactment of this section, each of the following air carriers and airport operators shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section:

(1)An air carrier providing covered air transportation at a commercial airport.

(2)An operator of a commercial airport.

(3)An operator of an airport used by an air carrier described in paragraph (1) for diversions.

(b)(1)An air carrier shall submit an emergency contingency plan under subsection (a) for—

(A)each airport at which the carrier provides covered air transportation; and

(B)each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control.

(2)An emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the carrier will—

(A)provide adequate food, potable water, restroom facilities, comfortable cabin temperatures, and access to medical treatment for passengers onboard an aircraft at the airport when the departure of a flight is delayed or the disembarkation of passengers is delayed;

(B)share facilities and make gates available at the airport in an emergency; and

(C)allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3).

(3)For purposes of paragraph (2)(C), an emergency contingency plan submitted by an air carrier under subsection (a) shall incorporate the following requirements:

(A)A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay.

(B)The option described in subparagraph (A) shall be offered to a passenger even if a flight in covered air transportation is diverted to a commercial airport other than the originally scheduled airport.

(C)In providing the option described in subparagraph (A), the air carrier shall begin to return the aircraft to a suitable disembarkation point—

(i)in the case of a flight in interstate air transportation, not later than 3 hours after the main aircraft door is closed in preparation for departure; and

(ii)in the case of a flight in foreign air transportation, not later than 4 hours after the main aircraft door is closed in preparation for departure.

(D)Notwithstanding the requirements described in subparagraphs (A), (B), and (C), a passenger shall not have an option to deplane an aircraft and return to the airport terminal in the case of an excessive tarmac delay if—

(i)an air traffic controller with authority over the aircraft advises the pilot in command that permitting a passenger to deplane would significantly disrupt airport operations; or

(ii)the pilot in command determines that permitting a passenger to deplane would jeopardize passenger safety or security.

(c)An emergency contingency plan submitted by an airport operator under subsection (a) shall contain a description of how the operator, to the maximum extent practicable, will—

(1)provide for the deplanement of passengers following excessive tarmac delays;

(2)provide for the sharing of facilities and make gates available at the airport in an emergency; and

(3)provide a sterile area following excessive tarmac delays for passengers who have not yet cleared United States Customs and Border Protection.

(d)(1)An air carrier shall update each emergency contingency plan submitted by the carrier under subsection (a) every 3 years and submit the update to the Secretary for review and approval.

(2)An airport operator shall update each emergency contingency plan submitted by the operator under subsection (a) every 5 years and submit the update to the Secretary for review and approval.

(e)(1)Not later than 60 days after the date of the receipt of an emergency contingency plan submitted under subsection (a) or an update submitted under subsection (d), the Secretary shall review and approve or, if necessary, require modifications to the plan or update to ensure that the plan or update will effectively address emergencies and provide for the health and safety of passengers.

(2)If the Secretary fails to approve or require modifications to a plan or update under paragraph (1) within the timeframe specified in that paragraph, the plan or update shall be deemed to be approved.

(3)An air carrier or airport operator shall adhere to an emergency contingency plan of the carrier or operator approved under this section.

(f)The Secretary shall establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.

(g)An air carrier or airport operator required to submit an emergency contingency plan under this section shall ensure public access to the plan after its approval under this section on the Internet Web site of the carrier or operator or by such other means as determined by the Secretary.

(h)Not later than 30 days after any flight experiences an excessive tarmac delay, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Division of the Department of Transportation.

(i)In this section, the following definitions apply:

(1)The term “commercial airport” means a large hub, medium hub, small hub, or nonhub airport.

(2)The term “covered air transportation” means scheduled or public charter passenger air transportation provided by an air carrier that operates an aircraft that as originally designed has a passenger capacity of 30 or more seats.

(3)The term “tarmac delay” means the period during which passengers are on board an aircraft on the tarmac—

(A)awaiting takeoff after the aircraft doors have been closed or after passengers have been boarded if the passengers have not been advised they are free to deplane; or

(B)awaiting deplaning after the aircraft has landed.

(4)The term “excessive tarmac delay” means a tarmac delay of more than—

(A)3 hours for a flight in interstate air transportation; or

(B)4 hours for a flight in foreign air transportation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

2016—Subsec. (b)(3)(C). Pub. L. 114–190, § 2308(a)(2), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (b)(3)(D). Pub. L. 114–190, § 2308(a)(1), (3), redesignated subpar. (C) as (D) and substituted “subparagraphs (A), (B), and (C)” for “subparagraphs (A) and (B)” in introductory provisions. Subsec. (i)(4). Pub. L. 114–190, § 2308(b), amended par. (4) generally. Prior to amendment, text read as follows: “The term ‘excessive tarmac delay’ means a tarmac delay that lasts for a length of time, as determined by the Secretary.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–95, title IV, § 415(c), Feb. 14, 2012, 126 Stat. 96, provided that: “Except as otherwise provided, the requirements of chapter 423 of title 49, United States Code, as added by this section, shall begin to apply 60 days after the date of enactment of this Act [Feb. 14, 2012].”

Regulations

Pub. L. 114–190, title II, § 2308(c),

July 15, 2016, 130 Stat. 648, provided that: “Not later than 90 days after the date of enactment of this section [

July 15, 2016], the Secretary of Transportation shall issue

Regulations

and take other actions necessary to carry out the

Amendments

made by this section [amending this section].”

§42301 Emergency contingency plans

Summary

Title 49, §42301

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Regulations

Amendments

Citations & Metadata