Airlines for America'

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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 all 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 beginning 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 redirecting of aircraft to gates or to the

departure cue, deplaning passengers from aircraft until approximately 5:00 pm was not permitted

because of safety and security considerations. As a result of this incident, several aircraft incurred 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 shooting; 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 disrupt 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 delaying other aircraft should be taken into

1301 Pennsylvania Ave, NW, Suite 1100, Washington, DC 20004-1707 T: 202.626.4000 E:a4a@airlines.org W: airlines.org
Samuel 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 permitting passengers to

disembark elsewhere would significantly disrupt airport operations." 74 Fed. Reg. 64988 (Dec. 30, 2009).

Additionally, the April 28, 2010 FAQs further discuss the Department's perspective on an ATC-related

tarmac delay that could "significantly affect airport operations" that considers the possibility 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 permitted. When aircraft movement resumed, it was an

extremely challenging ground environment and aircraft could move only at the direction and discretion 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 aircraft 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

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

http://www.dot.gov/sites/dot.dev/files/docs/FAQ on Consumer Rule April 28 2010.pdf