Tarmac Delay Ruleand its EnforcementOffice of Aviation Enforcement and ProceedingsPresentation Before theAdvisory Committee for Aviation Consumer ProtectionAugust 7, 2012Outline•Background•Consumer Rules I & II•Enforcement•Tarmac Delay Data•FAA Reauthorization•Cancellations2Setting the Stage•January 1999–Detroit Incident (1999)–Passenger Bill of Rights?–Congressional Hearings–Airlines Promised to:•Adopt customer service plans to meet customers’ essentialneeds during long, on-board delays•Prepare contingency plans to address such circumstances•Establish a task force of representatives, from airlines,airports and the FAA to develop and coordinate contingencyplans to deal with lengthy delays3Winter of 2006-2007•Thousands of Passengers Experienced Lengthy TarmacDelays During theWinter of 2006-2007–December 29, 2006 – Severe Thunderstorms at DFW–February 14, 2007 – Snow/Ice Event at JFK•Many Consumer Complaints Received by DOT.•Secretary Peters Requested Report from DOT Inspector General–Investigate Delays–Provide Recommendations•IG Audit Report (Report no. AV-2007-077)–“Actions Needed to Minimize Long On-Board Ground Delays”–Issued September 25, 2007–Recommended that DOT Establish a Task Force to Dealwith Lengthy TarmacDelays•Task Force Established – January 3, 2008•Recommendations to DOT Secretary – November 12, 2008–“Development of Contingency Plans for Lengthy Airline On-Board GroundDelays”–Available on Aviation Consumer Protection Divisionwebsite[http://http://airconsumer.ost.dot.gov/SA_FlightDelays.htm]–Regulations.gov [Docket No. DOT-OST-2007-0108]4Enhancing Airline PassengerProtections - Rulemaking Timeline•Consumer Rule I–November 15, 2007 – Advance Notice of Proposed Rulemaking (ANPRM)–December 8, 2008 – Notice of Proposed Rulemaking–December 30, 2009 – Final Rule–April 29, 2010 – Effective•Consumer Rule II–June 8, 2010 – Notice of Proposed Rulemaking–April 18, 2011 – Final Rule–August 23, 2011 – Effective for Tarmac Delays•Frequently Asked Questions (FAQ) Document5Enhanced Protections for Airline Passengers (14CFR 259.2): Applicability•Consumer Rule I: Applied to covered U.S. carriers operating passenger service(scheduled or public charter) using any aircraft with a design capacity of 30 ormore passenger seats for their operations at large and medium hub airports. (Notall provisions apply to charters.)•Consumer Rule II: Expanded the rule to include foreign carriers that operate to andfrom the U.S.•The rule does not apply to foreign charters that operate to and from the UnitedStates if no new passengers are picked up in the United States.•NOTE: The rule applies to all of a covered carrier’s flights, both domestic andinternational involving aircraft with fewer than 30seats, if a carrier operates anyaircraft with 30 or more passenger seats.•The rule does not apply to airports directly.6Adoption of Plan (14 CFR 259.4)•Applies to Covered U.S. and Foreign Carriers at Certain U.S. Airports•Applies to Covered Carrier Operations at Large, Medium, Small and NonHub Airports–Preliminary CY2011 Airport data available on the FAA’s website athttp://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passenger/index.cfm?year=2011•Note: The requirement to adopt and follow a plan applies only to tarmacdelay events that occur at a covered**U.S. Airport**•Carriers Must Adhere to Plans7Airport Definitions•Large Hub Airport–1.00 percent of total U.S. Enplanements•Medium Hub Airport–At least 0.25 percent but less than 1.00 percent oftotalU.S. enplanements•Small Hub Airport–At least 0.05 percent but less than 0.25 percent oftotalU.S. Enplanements•Non-hub Airports–10,000 or more annual enplanements but less than 0.05percent of the country’s annual passenger boardings8Contingency Plan: Time Allowable onTarmac•At a minimum, the contingency plan must include:•Time Limits:–(1) Domestic Flights•3-Hour Deplaning Rule•Subject to PIC determination of safety/security issue or ATC advice that return toterminal would significantly disrupt airport operations–(2) International Flights (Including Foreign Air Carriers)•4-Hour Deplaning Rule•Same appropriate safety, security, and ATC exceptions•Clock begins when the aircraft door is closed or passengersare no longer allowed to deplane9Contingency Plan: Food, Water andOperable Lavs•(3) Adequate food and potable water (on all flights) in 2 hours:–Aircraft Leaves the Gate (Departure Delay)–Touches Down if the Aircraft Remains on the Tarmac(Arrival Delay)•(4) Operable lavatory facilities, and adequate medicalattention while on the tarmac (on all flights)10Contingency Plan: Notifications (Part295.4(5) &(6)Carriers must notify passengers:•Regarding status of delay every 30 minutes whileaircraft is delayed, including reasons for delay (ifknown)•Of the opportunity to deplane from an aircraft at thegate or another disembarkation area...•...beginning 30 minutes after scheduled departuretime and every 30 minutes thereafter (if opportunityactually exists)11Contingency Plan: Notifications (cont.)•NOTE: Carriers are not required to re-board a passenger whoelects to deplane.•Carriers are encouraged to announce to passengers thatdeplaning will be at their own risk and the flightcould departwithout them.12Contingency Plan: Sufficient Resourcesand Coordination•(7) Assurance of sufficient resources to implement theplan•(8) Assurance that the plan has been coordinated withairportauthorities (including terminal facility operators where applicable)at each U.S. large hub airport, medium hub airport, small hubairport and non-hub airport that the carrier serves, as well as itsregular U.S. diversion airports•(9) Assurance that the plan has been coordinated withU.S. Customsand Border Protection (CBP) at each large U.S. hub airport, mediumhub airport, small hub airport and non-hub airport thatis regularlyused for that carrier’s international flights, including diversionairports•(10) Assurance that the plan has been coordinated withtheTransportation Security Administration (TSA) at each U.S. large hubairport, medium hub airport, small hub airport and non-hub airportthat the carrier serves, including diversion airports.13Code Share Responsibility(Part 259.4 (c))•Carrier under whose code the service is marketed governs (ifdifferent from the operating carrier)...•...UNLESS, marketing carrier specifies in its contract ofcarriage that the operating carrier’s plan governs14Unfair and Deceptive Practice•A carrier’s failure to comply with theassurances required by this rule and containedin its Contingency Plan for Lengthy TarmacDelays will be considered to be an unfair anddeceptive practice within the meaning of 49U.S.C. 41712 that is subject to enforcementaction by the Department.15Record Retention: Part 259.4(e)•Covered carriers must retain for at least two yearsinformation about any on-ground delay that lasts atleast three hours.•The records must include information about:(1) the length of the delay;(2) the cause of the delay;(3) the steps taken to minimize hardships forpassengers;(4) whether the flight ultimately took off orreturned to the gate; and(5) an explanation for the tarmac delay16Posting Tarmac Delay Plan Websites (14CFR 259.6)•Each U.S. air carrier that has a website andeach foreign air carrier that has a websitemarketed to U.S. consumers, and that isrequired to adopt a contingency plan forlengthy tarmac delays, shall post its currentcontingency plan on its website in easilyaccessible form.17Enforcement•Pre-Tarmac Delay Rule–Rochester Tarmac Delay Incident•Current Enforcement Efforts–More than 300 reports of violations of variousprovision of the rule investigated–Sources of Reports•Consumer Complaints Filed Directly with the Department•BTS On-time Performance Numbers•Federal Aviation Administration•News Media18Orders and Warning Letters–Orders•American Eagle (May 29, 2011)–$900K assessed civil penalty–608 passengers delayed on tarmac on 15 inbound at ORD for more than three hours–Order included a single tarmac delay incident thatoccurred at JFK International Airportin which 34 passengers delayed on tarmac for more than 3 hours•Part 234 – Reporting Violations–United–Pinnacle•Foreign Carrier (Air India)–Website posting (Contingency Plan/Customer ServicePlan)–Optional Fee notice–Warning Letters•5 carriers involving multiple flights and multipleaspects of the Tarmac DelayRule19BTS Tarmac Delay Times**August 2011**is the first month inwhich data included reports for alldomestic flights and allinternational flights to and from theUnited States (U.S. airports only),beginning Aug. 23.**July 2011**was the last full month inwhich data included only domesticflights operated by airlinesreporting on-time data to theBureau of Transportation Statistics.**May 2010**was the first full monthafter the 3-hour rule went intoeffect.Source: Bureau of Transportation Statistics20**First Full Month After Rule**FAA Reauthorization•FAA Modernization and Reform Act of 2012–Section 42301 requires U.S. carriers and operatorsof large hub, medium hub, small hub, or non-hubU.S. airports, to submit tarmac delay contingencyplans to the Department for review and approval.•390 airport plans received•61 carrier plans received21Rule Impact on Cancellations•Supplemental review and analysis of theImpact of the tarmac delay rule currentlyunderway•Results expected end of summer22Questions??23