II 

111TH CONGRESS 

1ST SESSION S. 213 

To amend title 49, United States Code, to ensure air passengers have access 

to necessary services while on a grounded air carrier, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 12, 2009 

Mrs. BOXER (for herself and Ms. SNOWE) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To amend title 49, United States Code, to ensure air passengers have access to necessary services while on a 

grounded air carrier, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Airline Passenger Bill 

5 of Rights Act of 2009’’. 

6 SEC. 2. AIRLINE CUSTOMER SERVICE COMMITMENT. 

7 (a) IN GENERAL.—Chapter 417 of title 49, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


rfrederick on PROD1PC67 with BILLS
2 

•S 213 IS

1 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER 

2 SERVICE 

3 ‘‘§ 41781. Air carrier and airport contingency plans 

4 for long on-board tarmac delays 

5 ‘‘(a) DEFINITION OF TARMAC DELAY.—The term 

6 ‘tarmac delay’ means the holding of an aircraft on the 

7 ground before taking off or after landing with no oppor8 tunity for its passengers to deplane. 

9 ‘‘(b) SUBMISSION OF AIR CARRIER AND AIRPORT

10 PLANS.—Not later than 60 days after the date of the en11 actment of the Airline Passenger Bill of Rights Act of 

12 2009, each air carrier and airport operator shall submit, 

13 in accordance with the requirements under this section, 

14 a proposed contingency plan to the Secretary of Transpor15 tation for review and approval. 

16 ‘‘(c) MINIMUM STANDARDS.—The Secretary of 

17 Transportation shall establish minimum standards for ele18 ments in contingency plans required to be submitted under 

19 this section to ensure that such plans effectively address 

20 long on-board tarmac delays and provide for the health 

21 and safety of passengers and crew. 

22 ‘‘(d) AIR CARRIER PLANS.—The plan shall require 

23 each air carrier to implement at a minimum the following: 

24 ‘‘(1) PROVISION OF ESSENTIAL SERVICES.— 

25 Each air carrier shall provide for the essential needs 


rfrederick on PROD1PC67 with BILLS
3 

•S 213 IS

1 of passengers on board an aircraft at an airport in 

2 any case in which the departure of a flight is de3 layed or disembarkation of passengers on an arriving 

4 flight that has landed is substantially delayed, in5 cluding— 

6 ‘‘(A) adequate food and potable water; 

7 ‘‘(B) adequate restroom facilities; 

8 ‘‘(C) cabin ventilation and comfortable 

9 cabin temperatures; and 

10 ‘‘(D) access to necessary medical treat11 ment. 

12 ‘‘(2) RIGHT TO DEPLANE.— 

13 ‘‘(A) IN GENERAL.—Each air carrier shall 

14 submit a proposed contingency plan to the Sec15 retary of Transportation that identifies a clear 

16 time frame under which passengers would be 

17 permitted to deplane a delayed aircraft. After 

18 the Secretary has reviewed and approved the 

19 proposed plan, the air carrier shall make the 

20 plan available to the public. 

21 ‘‘(B) DELAYS.— 

22 ‘‘(i) IN GENERAL.—As part of the 

23 plan, except as provided under clause (iii), 

24 an air carrier shall provide passengers with 

25 the option of deplaning and returning to 


rfrederick on PROD1PC67 with BILLS
4 

•S 213 IS

1 the terminal at which such deplaning could 

2 be safely completed, or deplaning at the 

3 terminal if— 

4 ‘‘(I) 3 hours have elapsed after 

5 passengers have boarded the aircraft, 

6 the aircraft doors are closed, and the 

7 aircraft has not departed; or 

8 ‘‘(II) 3 hours have elapsed after 

9 the aircraft has landed and the pas10 sengers on the aircraft have been un11 able to deplane. 

12 ‘‘(ii) FREQUENCY.—The option de13 scribed in clause (i) shall be offered to pas14 sengers at a minimum not less often than 

15 once during each successive 3-hour period 

16 that the plane remains on the ground. 

17 ‘‘(iii) EXCEPTIONS.—This subpara18 graph shall not apply if— 

19 ‘‘(I) the pilot of such aircraft 

20 reasonably determines that the air21 craft will depart or be unloaded at the 

22 terminal not later than 30 minutes 

23 after the 3 hour delay; or 

24 ‘‘(II) the pilot of such aircraft 

25 reasonably determines that permitting 


rfrederick on PROD1PC67 with BILLS
5 

•S 213 IS

1 a passenger to deplane would jeop2 ardize passenger safety or security. 

3 ‘‘(C) APPLICATION TO DIVERTED

4 FLIGHTS.—This section applies to aircraft with5 out regard to whether they have been diverted 

6 to an airport other than the original destina7 tion. 

8 ‘‘(D) REPORTS.—Not later than 30 days 

9 after any flight experiences a tarmac delay last10 ing at least 3 hours, the air carrier responsible 

11 for such flight shall submit a written descrip12 tion of the incident and its resolution to the 

13 Aviation Consumer Protection Office of the De14 partment of Transportation. 

15 ‘‘(e) AIRPORT PLANS.—Each airport operator shall 

16 submit a proposed contingency plan under subsection (b) 

17 that contains a description of— 

18 ‘‘(1) how the airport operator will provide for 

19 the deplanement of passengers following a long 

20 tarmac delay; and 

21 ‘‘(2) how, to the maximum extent practicable, 

22 the airport operator will provide for the sharing of 

23 facilities and make gates available at the airport for 

24 use by aircraft experiencing such delays. 


rfrederick on PROD1PC67 with BILLS
6 

•S 213 IS

1 ‘‘(f) UPDATES.—The Secretary shall require periodic 

2 reviews and updates of the plans as necessary. 

3 ‘‘(g) APPROVAL.— 

4 ‘‘(1) IN GENERAL.—Not later than 6 months 

5 after the date of the enactment of this section, the 

6 Secretary of Transportation shall— 

7 ‘‘(A) review the initial contingency plans 

8 submitted under subsection (b); and 

9 ‘‘(B) approve plans that closely adhere to 

10 the standards described in subsections (d) or 

11 (e), whichever is applicable. 

12 ‘‘(2) UPDATES.—Not later than 60 days after 

13 the submission of an update under subsection (f) or 

14 an initial contingency plan by a new air carrier or 

15 airport, the Secretary shall— 

16 ‘‘(A) review the plan; and 

17 ‘‘(B) approve the plan if it closely adheres 

18 to the standards described in subsections (d) or 

19 (e), which ever is applicable. 

20 ‘‘(h) CIVIL PENALTIES.—The Secretary may assess 

21 a civil penalty under section 46301 against any air carrier 

22 or airport operator that does not submit, obtain approval 

23 of, or adhere to a contingency plan submitted under this 

24 section. 


rfrederick on PROD1PC67 with BILLS
7 

•S 213 IS

1 ‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 

2 operator required to submit a contingency plan under this 

3 section shall ensure public access to an approved plan 

4 under this section by— 

5 ‘‘(1) including the plan on the Internet Web 

6 site of the carrier or airport; or 

7 ‘‘(2) disseminating the plan by other means, as 

8 determined by the Secretary. 

9 ‘‘§ 41782. Air passenger complaints hotline and infor10 mation 

11 ‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE12 PHONE NUMBER.—The Secretary of Transportation shall 

13 establish a consumer complaints hotline telephone number 

14 for the use of air passengers. 

15 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify 

16 the public of the telephone number established under sub17 section (a). 

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as may be 

20 necessary to carry out this section, which sums shall re21 main available until expended.’’. 

22 (b) CONFORMING AMENDMENT.—The chapter anal23 ysis for chapter 417 of title 49, United States Code, is 

24 amended by adding at the end the following: 

‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE


rfrederick on PROD1PC67 with BILLS
8 

•S 213 IS

‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 

delays. 

‘‘41782. Air passenger complaints hotline and information.’’. 

Æ 


rfrederick on PROD1PC67 with BILLS