Airlines for America' 1 ")
II December 6, 2013 Samuel Podberesky Assistant General Counsel Aviation Enforcement & Proceedings 1200 New Jersey Avenue , SE Room W98-304 Washington, DC 20590 Re : Request for Limited Waiver of 14 CFR § 259.4 Related to Runway Closure at Los Angeles International Airport 

### on November 1,2013 Dear Mr. Podberesky: This letter requests a waiver of the tarmac delay requirement in 14 CFR § 259.4(b)(1) as to al l flights, foreign and domestic, delayed on the tarmac at Los Angeles International Airport (" LAX") on November 1, 2013 due to the shooting incident in Terminal 3

. Alternatively, we request an enforcement determination that tarmac delays over three hours affected by this incident are excused due to the associated safety concerns , including the decision by the airport to close runways and ground departures

. Background On November 1 , 2013 , there was a shooting in Terminal 3 at LAX that resulted in a Transportation Security Administration employee death and evacuations of Terminals 1 , 2 , and 3

. In addition , the Federal Aviation Administration (" FAA") grounded all outbound flights at the airport starting at 12 : 07 pm, closed runways 24L and 24R , closed a taxiway, 2 alleyways , and all airport roadways except to emergency responders. Terminal 3 remained closed for the day, Terminals 1 and 2 reopened to passengers at 4:40 pm and aircraft movement to those terminals resumed at 4:47 pm. At 4:55 pm , FAA held a telecom informing carriers that passengers at remotely parked aircraft were just beginn i ng to be bussed to terminals. The ground stop ended at 5:00 pm local time

. These necessary safety and security measures resulted in several tarmac delays over three hours

. Because of the Terminal evacuations, and then the subsequent red i recting of aircraft to gates or to the departure cue, deplaning passengers from aircraft unti l approximately 5:00 pm was not perm itted because of safety and security considerations

. As a result of this incident, several aircraft i ncurred tarmac delays longer than three hours

. We are aware that US Airways and JetBlue both had delays at LAX over 3 hours due to the shooti ng ; it is possible other aircraft incurred similar delays. 14 CFR § 259.4(b)(1) The "Tarmac Delay Rule" is embedded in 14 CFR § 259.4(b) and prohibits aircraft in domestic operations from remaining on the tarmac for more than three hours before allowing passengers to deplane , and four hours for aircraft in international operations. The rule expressly contemplates exceptions , however, when (i) "the pilot-in-command determines there is a safety-related or security-related reason .. . why the aircraft cannot leave its position on the tarmac to deplane passengers ; " or " (ii) " [a]ir traffic control advises the pilot-in-command that returning to the gate or another disembarkation point elsewhere in order to deplane passengers would significantly d isrupt airport operations

. " 14 CFR § 259(b) ( 1)(i)-(ii)

. The preamble to the rule notes the following : "operational and safety-related concerns , such as ATC related concerns or an inability to return to the gate without delayi ng other aircraft should be taken into

1301 Pen nsylvan ia Ave , NW, Suite 1 100 , Washington , DC 20004-1707 T: 202.626

.4000 E : a4a @ ai rl i nes.org W: ai rlines . orgSamuel Podberesky December 6, 2013 Page 2 consideration. Thus, we have also included an exception for safety, security, or instances where Air Traffic Control advises the pilot-in-command that returning to the gate or permitti ng passengers to disembark elsewhere would significantly disrupt airport operations

. " 74 Fed. Reg

. 64988 (Dec. 30 , 2009). Additionally, the April 28, 2010 FAQs further d iscuss the Department's perspective on an ATC-related tarmac delay that could "significantly affect airport operations" that considers the possibil ity of significant disruptions including taxiway/runway closures.' A4A's Waiver Request A4A recognizes that under normal circumstances the Department would investigate incidents of potential rule violations on an individual basis and that carriers would be expected to make the case individually why a rule violation did not occur. This instance , however, presents unique factors that support an across-the-board waiver of the rule or a determination that enforcement is inappropriate

. No aircraft could move to depart from or return to a gate and deplaning passengers was not possible because the movement of busses and air stairs was not perm itted

. When ai rcraft movement resumed , it was an extremely chal lenging ground environment and aircraft could move only at the direction and d iscretion of ATC ground control. Finally, this request only seeks a limited waiver of the three and four hour tarmac delay requirements of 14 CFR § 259.4(b)(1) and (2). It does not seek relief from any other provision of § 259.4

. For all of the reasons set forth above , A4A requests the Department to waive the deplaning of passenger requirements in these provisions for all ai rcraft delayed at LAX on November 1 , 2013 due to the shooting in Terminal 3

. Alternatively, A4A requests a determination that the Department will not enforce this provision with respect to all such delays

. Respectfully submitted ,

David A. Berg Senior Vice President & General Counsel Airlines for America

1 See DOT FAQ on Consumer Protection Fi nal Rule I , page 6 , found at 

### http://www
.dot
.gov/sites/dot
.dev/files/docs/FAQ on Consumer Ru le Apri l 28 2010.pdf