162 
41742(a)(4)(A), the Secretary may make agreements to pro-
vide assistance under this section.’’. 
SEC. 406. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI-
CANTLY INCREASED COSTS. 
(a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.— 
Subject to the availability of funds, the Secretary of Trans-
portation may increase the rates of compensation payable 
to air carriers under subchapter II of chapter 417 of title 
49, United States Code, to compensate such carriers for in-
creased aviation fuel costs without regard to any agreement 
or requirement relating to the renegotiation of contracts or 
any notice requirement under section 41734 of such title. 
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDI-
VIDUAL CONTRACTS.— 
(1) IN GENERAL.—Section 41734(d) is amended 
by striking ‘‘continue to pay’’ and all that follows 
through ‘‘compensation sufficient’’ and inserting 
‘‘provide the carrier with compensation sufficient’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply to compensation to air car-
riers for air service provided after the 30th day fol-
lowing the date of enactment of this Act. 
(c) SUBSIDY CAP.—Subject to the availability of funds, 
the Secretary may waive, on a case-by-case basis, the sub-
sidy-per-passenger cap established by section 332 of Public 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
163 
Law 106–69 (113 Stat. 1022). A waiver issued under this 
subsection shall remain in effect for a limited period of 
time, as determined by the Secretary. 
SEC. 407. REPEAL OF EAS LOCAL PARTICIPATION PRO-
GRAM. 
Section 41747, and the item relating to section 41747 
in the analysis for chapter 417, are repealed. 
SEC. 408. SUNSET OF ESSENTIAL AIR SERVICE PROGRAM. 
(a) IN GENERAL.—Subchapter II of chapter 417 is 
amended by adding at the end the following: 
‘‘§ 41749. Sunset 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the authority of the Secretary of Transportation to 
carry out the essential air service program under this sub-
chapter shall sunset on October 1, 2013. 
‘‘(b) ALASKA AND HAWAII.—The Secretary may con-
tinue to carry out the essential air service program under 
this subchapter in Alaska and Hawaii following the sunset 
date specified in subsection (a).’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 417 is amended by inserting after the item relating 
to section 41748 the following: 
‘‘41749. Sunset.’’. 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6213
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
164 
Subtitle B—Passenger Air Service 
Improvements 
SEC. 421. SMOKING PROHIBITION. 
(a) IN GENERAL.—Section 41706 is amended— 
(1) in the section heading by striking ‘‘sched-
uled’’ and inserting ‘‘passenger’’; and 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) SMOKING PROHIBITION
IN INTERSTATE
AND 
INTRASTATE AIR TRANSPORTATION.—An individual may 
not smoke— 
‘‘(1) in an aircraft in scheduled passenger inter-
state or intrastate air transportation; or 
‘‘(2) in an aircraft in nonscheduled passenger 
interstate or intrastate air transportation, if a flight 
attendant is a required crewmember on the aircraft 
(as determined by the Administrator of the Federal 
Aviation Administration). 
‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANS-
PORTATION.—The Secretary of Transportation shall require 
all air carriers and foreign air carriers to prohibit smok-
ing— 
‘‘(1) in an aircraft in scheduled passenger for-
eign air transportation; and 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
165 
‘‘(2) in an aircraft in nonscheduled passenger 
foreign air transportation, if a flight attendant is a 
required crewmember on the aircraft (as determined 
by the Administrator or a foreign government).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
417 is amended by striking the item relating to section 
41706 and inserting the following: 
‘‘41706. Prohibitions against smoking on passenger flights.’’. 
SEC. 422. MONTHLY AIR CARRIER REPORTS. 
(a) IN GENERAL.—Section 41708 is amended by add-
ing at the end the following: 
‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 
‘‘(1) MONTHLY REPORTS.—The Secretary shall 
require an air carrier referred to in paragraph (2) to 
file with the Secretary a monthly report on each flight 
of the air carrier that is diverted from its scheduled 
destination to another airport and each flight of the 
air carrier that departs the gate at the airport at 
which the flight originates but is cancelled before 
wheels-off time. 
‘‘(2) APPLICABILITY.—An air carrier that is re-
quired to file a monthly airline service quality per-
formance report pursuant to part 234 of title 14, 
Code of Federal Regulations, shall be subject to the re-
quirement of paragraph (1). 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
166 
‘‘(3) CONTENTS.—A monthly report filed by an 
air carrier under paragraph (1) shall include, at a 
minimum, the following information: 
‘‘(A) For a diverted flight— 
‘‘(i) the flight number of the diverted 
flight; 
‘‘(ii) the scheduled destination of the 
flight; 
‘‘(iii) the date and time of the flight; 
‘‘(iv) the airport to which the flight 
was diverted; 
‘‘(v) wheels-on time at the diverted air-
port; 
‘‘(vi) the time, if any, passengers 
deplaned the aircraft at the diverted air-
port; and 
‘‘(vii) if the flight arrives at the sched-
uled destination airport— 
‘‘(I) the gate-departure time at the 
diverted airport; 
‘‘(II) the wheels-off time at the di-
verted airport; 
‘‘(III) the wheels-on time at the 
scheduled arrival airport; and 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
168 
SEC. 423. FLIGHT OPERATIONS AT RONALD REAGAN WASH-
INGTON NATIONAL AIRPORT. 
(a) 
BEYOND-PERIMETER
EXEMPTIONS.—Section 
41718(a) is amended— 
(1) by striking ‘‘Secretary’’ the first place it ap-
pears and inserting ‘‘Secretary of Transportation’’; 
and 
(2) by striking ‘‘24’’ and inserting ‘‘34’’. 
(b) LIMITATIONS.—Section 41718(c)(2) is amended by 
striking ‘‘3 operations’’ and inserting ‘‘5 operations’’. 
(c) SLOTS.—Section 41718(c) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) SLOTS.—The Secretary shall reduce the 
hourly air carrier slot quota for Ronald Reagan 
Washington National Airport under section 93.123(a) 
of title 14, Code of Federal Regulations, by a total of 
10 slots that are available for allocation. Such reduc-
tions shall be taken in the 6:00 a.m., 10:00 p.m., or 
11:00 p.m. hours, as determined by the Secretary, in 
order to grant exemptions under subsection (a).’’. 
(d) SCHEDULING PRIORITY.—Section 41718 is amend-
ed— 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
169 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) SCHEDULING PRIORITY.—Operations conducted 
by new entrant air carriers and limited incumbent air car-
riers shall be provided a scheduling priority over operations 
conducted by other air carriers granted exemptions pursu-
ant to this section, with the highest scheduling priority pro-
vided to beyond-perimeter operations conducted by the new 
entrant air carriers and limited incumbent air carriers.’’. 
SEC. 424. MUSICAL INSTRUMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 is 
amended by adding at the end the following: 
‘‘§ 41724. Musical instruments 
‘‘(a) INSTRUMENTS IN PASSENGER COMPARTMENT.— 
An air carrier providing air transportation shall permit 
a passenger to carry a musical instrument in a closet, bag-
gage compartment, or cargo stowage compartment (ap-
proved by the Administrator of the Federal Aviation Ad-
ministration) in the passenger compartment of the aircraft 
used to provide such transportation if— 
‘‘(1) the instrument can be stowed in accordance 
with the requirements for carriage of carry-on bag-
gage or cargo set forth by the Administrator; and 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
170 
‘‘(2) there is space for such stowage on the air-
craft. 
‘‘(b) LARGE INSTRUMENTS IN PASSENGER COMPART-
MENT.—An air carrier providing air transportation shall 
permit a passenger to carry a musical instrument that is 
too large to be secured in a closet, baggage compartment, 
or cargo stowage compartment pursuant to subsection (a) 
in the passenger compartment of the aircraft used to pro-
vide such transportation if— 
‘‘(1) the instrument can be stowed in accordance 
with the requirements for carriage of carry-on bag-
gage or cargo set forth by the Administrator; and 
‘‘(2) the passenger has purchased a seat to ac-
commodate the instrument. 
‘‘(c) INSTRUMENTS AS CHECKED BAGGAGE.—An air 
carrier providing air transportation shall transport as bag-
gage a musical instrument that may not be carried in the 
passenger compartment of the aircraft used to provide such 
transportation pursuant to subsection (a) or (b) and that 
is the property of a passenger on the aircraft if— 
‘‘(1) the sum of the length, width, and height of 
the instrument (measured in inches of the outside lin-
ear dimensions of the instrument, including the case) 
does not exceed 150 inches or the size restrictions for 
that aircraft; 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
171 
‘‘(2) the weight of the instrument does not exceed 
165 pounds or the weight restrictions for that air-
craft; and 
‘‘(3) the instrument can be stowed in accordance 
with the requirements for carriage of baggage or cargo 
set forth by the Administrator. 
‘‘(d) AIR CARRIER TERMS.—Nothing in this section 
shall be construed as prohibiting an air carrier from lim-
iting the carrier’s liability for carrying a musical instru-
ment or requiring a passenger to purchase insurance to 
cover the value of a musical instrument transported by the 
carrier.’’. 
(b) REGULATIONS.—The Secretary of Transportation 
may prescribe such regulations as may be necessary or ap-
propriate to implement the amendment made by subsection 
(a). 
(c) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41724. Musical instruments.’’. 
SEC. 425. PASSENGER AIR SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Subtitle VII is amended by insert-
ing after chapter 421 the following: 
‘‘CHAPTER 423—PASSENGER AIR SERVICE 
IMPROVEMENTS 
‘‘Sec. 
‘‘42301. Emergency contingency plans. 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6213
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
172 
‘‘42302. Consumer complaints. 
‘‘42303. Use of insecticides in passenger aircraft. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION
OF AIR CARRIER
AND AIRPORT 
PLANS.—Not later than 90 days after the date of enactment 
of this section, each of the following air carriers and airport 
operators shall submit to the Secretary of Transportation 
for review and approval an emergency contingency plan in 
accordance with the requirements of this section: 
‘‘(1) An air carrier providing covered air trans-
portation at a large hub or medium hub airport. 
‘‘(2) An operator of a large hub or medium hub 
airport. 
‘‘(3) An operator of an airport used by an air 
carrier described in paragraph (1) for diversions. 
‘‘(b) AIR CARRIER PLANS.— 
‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air 
carrier shall submit an emergency contingency plan 
under subsection (a) for— 
‘‘(A) each large hub and medium hub air-
port at which the carrier provides covered air 
transportation; and 
‘‘(B) each large hub and medium hub air-
port at which the carrier has flights for which 
the carrier has primary responsibility for inven-
tory control. 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
173 
‘‘(2) CONTENTS.—An emergency contingency 
plan submitted by an air carrier for an airport under 
subsection (a) shall contain a description of how the 
carrier will— 
‘‘(A) provide food, potable water, restroom 
facilities, and access to medical treatment for 
passengers onboard an aircraft at the airport 
that is on the ground for an extended period of 
time without access to the terminal; 
‘‘(B) allow passengers to deplane following 
excessive tarmac delays; and 
‘‘(C) share facilities and make gates avail-
able at the airport in an emergency. 
‘‘(c) AIRPORT PLANS.—An emergency contingency 
plan submitted by an airport operator under subsection (a) 
shall contain a description of how the operator, to the max-
imum 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. 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
175 
‘‘(3) ADHERENCE REQUIRED.—An air carrier or 
airport operator shall adhere to an emergency contin-
gency plan of the carrier or operator approved under 
this section. 
‘‘(f) MINIMUM STANDARDS.—The Secretary may estab-
lish, as necessary or desirable, minimum standards for ele-
ments in an emergency contingency plan required to be sub-
mitted under this section. 
‘‘(g) PUBLIC ACCESS.—An air carrier or airport oper-
ator required to submit an emergency contingency plan 
under this section shall ensure public access to the plan 
after its approval under this section on the Internet Web 
site of the carrier or operator or by such other means as 
determined by the Secretary. 
‘‘(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) COVERED AIR TRANSPORTATION.—The term 
‘covered air transportation’ means scheduled or public 
charter passenger air transportation provided by an 
air carrier that operates an aircraft that as origi-
nally designed has a passenger capacity of 30 or more 
seats. 
‘‘(2) TARMAC DELAY.—The term ‘tarmac delay’ 
means the period during which passengers are on 
board an aircraft on the tarmac— 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
176 
‘‘(A) awaiting takeoff after the aircraft 
doors have been closed or after passengers have 
been boarded if the passengers have not been ad-
vised they are free to deplane; or 
‘‘(B) awaiting deplaning after the aircraft 
has landed. 
‘‘§ 42302. Consumer complaints 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish a consumer complaints toll-free hotline tele-
phone number for the use of passengers in air transpor-
tation and shall take actions to notify the public of— 
‘‘(1) that telephone number; and 
‘‘(2) the Internet Web site of the Aviation Con-
sumer Protection Division of the Department of 
Transportation. 
‘‘(b) NOTICE TO PASSENGERS ON THE INTERNET.—An 
air carrier or foreign air carrier providing scheduled air 
transportation using any aircraft that as originally de-
signed has a passenger capacity of 30 or more passenger 
seats shall include on the Internet Web site of the carrier— 
‘‘(1) the hotline telephone number established 
under subsection (a); 
‘‘(2) the email address, telephone number, and 
mailing address of the air carrier for the submission 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
177 
of complaints by passengers about air travel service 
problems; and 
‘‘(3) the Internet Web site and mailing address 
of the Aviation Consumer Protection Division of the 
Department of Transportation for the submission of 
complaints by passengers about air travel service 
problems. 
‘‘(c) NOTICE TO PASSENGERS ON BOARDING DOCU-
MENTATION.—An air carrier or foreign air carrier pro-
viding scheduled air transportation using any aircraft that 
as originally designed has a passenger capacity of 30 or 
more passenger seats shall include the hotline telephone 
number established under subsection (a) on— 
‘‘(1) prominently displayed signs of the carrier 
at the airport ticket counters in the United States 
where the air carrier operates; and 
‘‘(2) any electronic confirmation of the purchase 
of a passenger ticket for air transportation issued by 
the air carrier. 
‘‘§ 42303. Use of insecticides in passenger aircraft 
‘‘(a) INFORMATION TO BE PROVIDED ON THE INTER-
NET.—The Secretary of Transportation shall establish, and 
make available to the general public, an Internet Web site 
that contains a listing of countries that may require an 
air carrier or foreign air carrier to treat an aircraft pas-
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
178 
senger cabin with insecticides prior to a flight in foreign 
air transportation to that country or to apply an aerosol 
insecticide in an aircraft cabin used for such a flight when 
the cabin is occupied with passengers. 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for-
eign air carrier, or ticket agent selling, in the United 
States, a ticket for a flight in foreign air transportation 
to a country listed on the Internet Web site established 
under subsection (a) shall refer the purchaser of the ticket 
to the Internet Web site established under subsection (a) for 
additional information.’’. 
(b) PENALTIES.—Section 46301 is amended in sub-
sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 423,’’ 
after ‘‘chapter 421,’’. 
(c) APPLICABILITY
OF REQUIREMENTS.—Except as 
otherwise provided, the requirements of chapter 423 of title 
49, United States Code, as added by this section, shall begin 
to apply 60 days after the date of enactment of this Act. 
(d) CLERICAL AMENDMENT.—The analysis for subtitle 
VII is amended by inserting after the item relating to chap-
ter 421 the following: 
‘‘423. Passenger Air Service Improvements ................................................... 42301’’. 
SEC. 426. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 
(a) FINDINGS.—Congress finds that— 
(1) the Armed Forces is comprised of approxi-
mately 1,450,000 members who are stationed on ac-
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS
179 
tive duty at more than 6,000 military bases in 146 
different countries; 
(2) the United States is indebted to the members 
of the Armed Forces, many of whom are in grave 
danger due to their engagement in, or exposure to, 
combat; 
(3) military service, especially in the current 
war against terrorism, often requires members of the 
Armed Forces to be separated from their families on 
short notice, for long periods of time, and under very 
stressful conditions; 
(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
chasing discounted advance airline tickets in order to 
visit their loved ones at home; and 
(5) it is the patriotic duty of the people of the 
United States to support the members of the Armed 
Forces who are defending the Nation’s interests 
around the world at great personal sacrifice. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) all United States commercial air carriers 
should seek to lend their support with flexible, gen-
erous policies applicable to members of the Armed 
VerDate Mar 15 2010 
21:18 Mar 23, 2011
Jkt 099200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6203
E:\BILLS\H658.RH
H658
srobinson on DSKHWCL6B1PROD with BILLS