4910-9X U.S. DEPARTMENT OFTRANSPORTATION Office ofthe Secretary Docket No. DOT-OST-2012-0028 Submission ofU.S. Carrier Updated Tarmac Delay Contingency Plans to Departmentof Transportation for Approval. AGENCY: Office ofthe Secretary (OST), Department ofTransportation (DOT). ACTION: Notice. SUMMARY: The purpose ofthis document is to serve as notice to covered U.S. carriers ofthe statutory obligation, pursuant to the FAA Modernization and Reform Act, 49 U.S.C. 

### §4230l(d), to submit updated tarmac delay contingency plans on orbefore May 14, 2015, to the U.S. Departm.ent ofTransportation's Office ofAviation Enforcement and Proceedings (Enforcement Office). We request that covered carriers submit their plans through the established website: http://filingtarmacdelavplan.dot.gov.· FORFURTHERINFORMATION ORTO CONTACT: Laura Jennings, Office ofthe General Counsel, U.S. Department of'Transportation, 1200 NewJersey Ave., S.E., W-96-429, Washington, DC 20590; Phone: (202) 366-9342; Fax: (202) 366-7152; Email: Laura.Jennings@dot.gov.- SUPPLEMENTARYINFORMATION: Background In 2012, pursuant to section 415 ofthe FAA Modernization and Reform Act of2012·, 49 U.S.C. 

### §42301, ("the Act") U.S. carriers operating scheduled passenger service orpublic charter service using any aircraft with a design capacity of30 or more seats, and airport operators oflarge hub, medium hub, small hub, or non-hub U.S. airports were required to submitcontingencyplans for lengthy tarmac delay plans to theSecretary ofTransportation for review and approval by May 14, 2012. Covered carriers and airports submitted their tarmac delay plans by the statutory deadline ofMay 14, 2012, and within 60 days ofreceipt ofa tarmac delay plan, the Enforcement Office reviewed, approved, or, ifnecessary;required modifications to submitted plans. The Enforcement Office completed the process on August 23, 2012, afterreviewing, requesting modifications, and approving 451 plans. The purpose ofthis notice is to address the Acfs recurring "updates" provision, 49 U.S.C. 

### §42301(d)(l), 'Yhich requires covered air carriers to resubmit updated plans every three years to the Secretary

### fo~ review and approval. 1

. As such, covered carriers are required to update their plans and submit the updated plan for review and approval by May 14, 2015. The submission and review process will be identical to the process used in May 2012.· Similarto 2012, the Department's Bureau ofTransportation Statistics (BTS) has identified a preliminary list ofthose carriers that the Department believes to be covered by the statute. The preliminary list can be found on the Department's Aviation Consumer Protection Division website at vvww.dot.gov/airconsumer/flight-delavs. Any U.S. carrier on the referenced list that believes it is not covered by the statute and should not be on the list should notify one of the Department contacts listed above as soon as_possible. Similarly, ifany U.S. carrierbelieves

. it is coveredby the statute but does not appear on the list, that carrier should notify one ofthe Department contacts noted above. Regarding the submission ofupdated plans, we request that carriers submit the_ir plans through the established website: http://filinQ.tarmacdelavplan.dot.gov. Most covered carriers already have an·account created, but for any questions (e.g.' forgotten usemames orpasswords),

1Airports are also required to submit updated plans on a recurring basis. 49 U.S.C. §4230I(d)(2). The requirement for airports is every five years, thus the next submission deadline for covered airports will occur in May 2017. 2please·contact one ofthe Department contacts noted above. Ifa carrier needs to register for the first time and create an account, click on the hyperlink titled "Create Account to Submit Tarmac Delay Contingency Plan" in the blue sign-in box on the**h~me** page ofthe established website. For further reference, more detailed instructions regarding registering an account and submitting plans can be found at W\V\v.dot.g:ov/airconsumer/flight-delavs. See May 2, 2012 Notice. Pursuant to the Act, the Enforcement Office will have 60 days from receipt ofa plan to review and approve a plan or, ifnecessary, require modifications to the updated plan. 49 U.S.C. §42301(e)(l). Ifthe Enforcement Office fails to approve orrequire modifications to an updated plan within the 60-day timeframe, the plan shall be deemed approved. 49 U.S.C. §42301(e)(2). To the extent carriers do not have any.updates for their plans, the Enforcement Office will accept resubmission ofthe same plan. The language ofthe statute is clear, "an air carrier shall update each emergency contingency plan submitted by the carrier [] every 3 years and

. . ' submit the update to the Secretary for review and approval." 49 U.S.C. §4230l(d)(l).

ISSUED TillS21st DAY OF APRIL, 2015, AT WASHINGTON D.C.



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3 Blane A. Workie Assistant General Counsel for

Aviation Enforcement and Proceedings U.S. Department ofTransportation· 

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