PRIA, Government Policy, Made Personal

Summary

Airlines and commercial airports must send emergency plans to the Secretary of Transportation within 90 days of this law. This includes any airline that flies scheduled or public charter passenger flights on planes with 30 or more seats, every commercial airport (large, medium, small, or nonhub), and any airport used for diversions. Airlines must file a plan for each airport they serve and for any airport where they control flight inventory. The airline plans must say how they will give food, drinking water, working restrooms, comfortable cabin temperatures, and medical help during delays; how they will share facilities and make gates available in an emergency; and how they will let passengers leave the plane after a long tarmac delay. A long tarmac delay means more than 3 hours for domestic flights and more than 4 hours for international flights. After such a delay, passengers must be offered the option to get off the plane and return to the terminal, and the airline must start moving the aircraft to a suitable place to disembark within 3 hours (domestic) or 4 hours (international) after the main door closed. This applies even if the flight was diverted, unless air traffic control or the pilot says it would harm airport operations or safety/security. Airport plans must cover deplaning, gate sharing, and a sterile area for people who haven’t cleared U.S. Customs. Airlines must update plans every 3 years and airports every 5 years. The Secretary has 60 days to approve or request changes to a plan, and if no action is taken it is treated as approved. Approved plans must be followed and made public online or in another way. Airlines must report any excessive tarmac delay to the Department of Transportation’s Aviation Consumer Protection Division within 30 days. The Secretary can set minimum plan standards as needed.

Title 49, §42301

Transportation, Source: USLM XML via OLRC

(a)Submission of Air Carrier and Airport Plans.—

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)

(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)Air Carrier Plans.—

(1)Plans for individual airports.—

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

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

(2)Contents.—

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)Deplaning following an excessive tarmac delay.—

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)Airport Plans.—

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)Updates.—

(1)Air carriers.—

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)Airports.—

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)Approval.—

(1)In general.—

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)Failure to approve or require modifications.—

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)Adherence required.—

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

(f)Minimum Standards.—

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)Public Access.—

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)Reports.—

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)Definitions.—

In this section, the following definitions apply:

(1)Commercial airport.—

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

(2)Covered air transportation.—

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)Tarmac delay.—

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)Excessive tarmac delay.—

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