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[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12644-12645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4963]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0028]

Submission of U.S. Carrier and Airport Tarmac Delay Contingency 
Plans to Department of Transportation for Approval

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Notice.

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SUMMARY: The FAA Modernization and Reform Act of 2012 requires covered 
U.S. carriers and U.S. airports to submit to the Secretary of 
Transportation for review and approval tarmac delay contingency plans 
on or before May 14, 2012. The U.S. Department of Transportation's 
Office of Aviation Enforcement and Proceedings (Enforcement Office) 
will be establishing an electronic submission system to enable covered 
airlines and airports to submit the required plans through the World 
Wide Web. The Enforcement Office plans to issue another notice within 
45 days that will provide information on how covered carriers and 
airports can submit these required plans. Submissions of the plans 
should not be made prior to that date to ensure proper review and 
recording.

FOR FURTHER INFORMATION OR TO CONTACT: Livaughn Chapman, Jr., or Laura 
Jennings, Office of the General Counsel, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., W-96-429, Washington, DC 
20590-0001; Phone: (202) 366-9342; Fax: (202) 366-7152; Email: 
Livaughn.Chapman@dot.gov, or Laura.Jennings@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On February 14, 2012, President Obama signed the FAA Modernization 
and Reform Act of 2012 (the ``Act'') into law. Among other things, the 
Act requires U.S. carriers that operate scheduled passenger service or 
public charter service using any aircraft with a design capacity of 30 
or more seats, and operators of large hub, medium hub, small hub, or 
non-hub U.S. airports, to submit contingency plans for lengthy tarmac 
delays to the Secretary of Transportation for review and approval no 
later than May 14, 2012.
    The requirements of the Act do not conflict with the Department's 
existing tarmac delay rule (14 CFR part 259). The Act also permits the 
Department to establish, as necessary, minimum standards for 
contingency plans. As such, the specific requirements of Part 259 
remain in effect for U.S. carriers.
    U.S. carrier contingency plans must contain a provision that a 
passenger shall have the option to deplane an aircraft and return to 
the airport terminal when there is an excessive tarmac delay (3 hours 
for domestic flights and 4 hours for international flights) at each 
large hub, medium hub, small hub, or non-hub U.S. airport at which they 
operate scheduled or public charter air service, with the following 
exceptions: (1) Where 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 (2) where 
the pilot in command determines that permitting a passenger to deplane 
would jeopardize passenger safety or security. The deplaning option 
must be offered to a passenger even if the flight in covered air 
transportation is diverted to a commercial airport other than the 
originally scheduled airport. Under the Act, U.S. carrier contingency 
plans must also contain a description of how the carrier will: (1) 
Provide adequate food, potable water, restroom facilities, comfortable 
cabin temperatures (a requirement not currently contained in DOT 
rules), and access to medical treatment for passengers onboard an 
aircraft when the departure of a flight is delayed or disembarkation of 
passengers is delayed; and (2) share facilities and make gates 
available at the airport in an emergency (another requirement not 
currently in DOT rules). Existing DOT rules require carriers to provide 
assurance that the plan has been coordinated with airport authorities 
(including terminal facility operators where applicable), U.S. Customs 
and Border Protection and the Transportation Security Administration at 
each U.S. large hub airport, medium hub airport, small hub airport and 
non-hub airport that the carriers serve, as well as their regular U.S. 
diversion airports.
    Under the statute airport contingency plans must contain a 
description of how the airport 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 U.S. Customs and Border Protection. 
DOT tarmac delay rules currently do not apply directly to airports.
    The Enforcement Office intends to establish an electronic 
submission system, similar to the Department's current disability 
complaint reporting system, where covered airlines and airports will 
submit their required plans. The Enforcement Office is working to 
establish the necessary mechanisms to implement that system and plans 
to issue another notice within 45 days with detailed information on the 
submission process.
    In defining the hub size of an airport, the Department uses the 
airport-specific thresholds published by the Department's Bureau of 
Transportation Statistics (BTS). A list of airport information for 
calendar year 2010 (the latest available data) is available on the 
FAA's Web site at http://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passenger/media/cy10_primary_enplanements.pdf. In addition, a preliminary list of covered U.S. 
carriers provided by BTS can be found on the Department's Aviation 
Consumer Protection Division Web site at http://airconsumer.ost.dot.gov/SA_FlightDelays.htm. Any U.S. carrier or 
airport on the referenced air carrier or airport lists that believes 
that it is not

[[Page 12645]]

covered by the statute and should not be on either list should notify 
one of the Department contacts listed above immediately. If any person, 
including any U.S. carrier or airport, believes that a carrier or 
airport is covered by the statute but does not appear on the 
appropriate list, that person should notify one of the Department 
contacts noted above immediately with that information.
    The Enforcement Office's review of the contingency plans will 
concentrate on the statutory and existing regulatory requirements for 
such plans. However, carriers and airports are directed to the model 
contingency planning document, titled ``Development of Contingency 
Plans for Lengthy Airline On-Board Ground Delays,'' that was developed 
by the National Task Force to Develop Model Contingency Plans to Deal 
with Lengthy Airline On-Board Ground Delays for contingency planning 
guidance. See Docket No. DOT-OST-2007-0108-0124. This document can also 
be found at http://airconsumer.dot.gov/publications/TarmacTFModelContingencyPlanningDocument.pdf. We also understand that 
the Airport Cooperative Research Program (ACRP) has developed some 
preliminary guidance materials in this area as well. Those materials 
can be found at http://onlinepubs.trb.org/onlinepubs/acrp/docs/ACRP10-10.Update.10Dec2011.pdf.

    Issued this 24th day of February 2012, at Washington, DC.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings, 
U.S. Department of Transportation.
[FR Doc. 2012-4963 Filed 2-29-12; 8:45 am]
BILLING CODE 4910-9X-P
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