§ 42301. Emergency contingency plans
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/usc/title-49/section-42301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 transportation at a commercial airport.
(2)An operator of a commercial 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 airport at which the carrier provides covered air transportation; and
(B)each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control.
(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 adequate food, potable water, restroom facilities, comfortable cabin temperatures, and access to medical treatment for passengers onboard an aircraft at the airport when the departure of a flight is delayed or the disembarkation of passengers is delayed;
(B)share facilities and make gates available at the airport in an emergency; and
(C)allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3).
(3)Deplaning following an excessive tarmac delay.— For purposes of paragraph (2)(C), an emergency contingency plan submitted by an air carrier under subsection
(a)shall incorporate the following requirements:
(A)A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay.
(B)The option described in subparagraph
(A)shall be offered to a passenger even if a flight in covered air transportation is diverted to a commercial airport other than the originally scheduled airport.
(C)In providing the option described in subparagraph (A), the air carrier shall begin to return the aircraft to a suitable disembarkation point—
(i)in the case of a flight in interstate air transportation, not later than 3 hours after the main aircraft door is closed in preparation for departure; and
(ii)in the case of a flight in foreign air transportation, not later than 4 hours after the main aircraft door is closed in preparation for departure.
(D)Notwithstanding the requirements described in subparagraphs (A), (B), and (C), a passenger shall not have an option to deplane an aircraft and return to the airport terminal in the case of an excessive tarmac delay if—
(i)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
(ii)the pilot in command determines that permitting a passenger to deplane would jeopardize passenger safety or security.
(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 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 United States Customs and Border Protection.
(d)Updates.—
(1)Air carriers.— An air carrier shall update each emergency contingency plan submitted by the carrier under subsection
(a)every 3 years and submit the update to the Secretary for review and approval.
(2)Airports.— An airport operator shall update each emergency contingency plan submitted by the operator under subsection
(a)every 5 years and submit the update to the Secretary for review and approval.
(e)Approval.—
(1)In general.— Not later than 60 days after the date of the receipt of an emergency contingency plan submitted under subsection
(a)or an update submitted under subsection (d), the Secretary shall review and approve or, if necessary, require modifications to the plan or update to ensure that the plan or update will effectively address emergencies and provide for the health and safety of passengers.
(2)Failure to approve or require modifications.— If the Secretary fails to approve or require modifications to a plan or update under paragraph
(1)within the timeframe specified in that paragraph, the plan or update shall be deemed to be approved.
(3)Adherence required.— An air carrier or airport operator shall adhere to an emergency contingency plan of the carrier or operator approved under this section.
(f)Minimum Standards.— The Secretary shall establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.
(g)Public Access.— An air carrier or airport operator 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)Reports.— Not later than 30 days after any flight experiences an excessive tarmac delay, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Division of the Department of Transportation.
(i)Definitions.— In this section, the following definitions apply:
(1)Commercial airport.— The term “commercial airport” means a large hub, medium hub, small hub, or nonhub airport.
(2)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 originally designed has a passenger capacity of 30 or more seats.
(3)Tarmac delay.— The term “tarmac delay” means the period during which passengers are on board an aircraft on the tarmac—
(A)awaiting takeoff after the aircraft doors have been closed or after passengers have been boarded if the passengers have not been advised they are free to deplane; or
(B)awaiting deplaning after the aircraft has landed.
(4)Excessive tarmac delay.— The term “excessive tarmac delay” means a tarmac delay of more than—
(A)3 hours for a flight in interstate air transportation; or
(B)4 hours for a flight in foreign air transportation.
(Added Pub. L. 112–95, title IV, § 415(a), Feb. 14, 2012, 126 Stat. 93; amended Pub. L. 114–190, title II, § 2308(a), (b), July 15, 2016, 130 Stat. 648.)
Connections277 cite this · traces to 1
Cited by 277 sections · top 60
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 115-254FAA Reauthorization Act of 2018
- Public Law 114-190FAA Extension, Safety, and Security Act of 2016
- Public Law 118-63FAA Reauthorization Act of 2024
- Public Law 114-141Airport and Airway Extension Act of 2016
- Public Law 118-15Continuing Appropriations Act, 2024 and Other Extensions Act
- Public Law 115-250Airport and Airway Extension Act of 2018, Part II
- Public Law 115-63Disaster Tax Relief and Airport and Airway Extension Act of 2017
- Public Law 118-34Airport and Airway Extension Act of 2023, Part II
- Public Law 118-41Airport and Airway Extension Act of 2024
- Public Law 114-55Airport and Airway Extension Act of 2015
- Public Law 118-60Airport and Airway Extension Act of 2024, Part II
U.S. Code
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- § 41727Passenger Rights 11 So in original. Probably should not be capitalized.
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statute-compilations
- Sec. 415PASSENGER AIR SERVICE IMPROVEMENTS
- Sec. 422ADVANCE BOARDING DURING PREGNANCY
- Sec. 519SEAT DIMENSIONS
- Sec. 102EXTENSION OF EXPIRING AUTHORITIES; MISCELLANEOUS AUTHORIZATIONS
- Sec. 102EXTENSION OF EXPIRING AUTHORITIES
- Sec. 418ADVISORY COMMITTEE ON AIR AMBULANCE AND PATIENT BILLING
- Sec. 413CAUSES OF AIRLINE DELAYS OR CANCELLATIONS
- Sec. 510CODIFICATION OF CONSUMER PROTECTION PROVISIONS
- Sec. 412DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE OF CHILD SAFETY SEATS ON AIRCRAFT
- Sec. 102EXTENSION OF EXPIRING AUTHORITIES
- Sec. 415EXTENSION OF ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION
- Sec. 102EXTENSION OF EXPIRING AUTHORITIES; MISCELLANEOUS AUTHORIZATIONS
- Sec. 411ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION
- Sec. 428WIDESPREAD DISRUPTIONS
- Sec. 414INVOLUNTARY CHANGES TO ITINERARIES
- Sec. 3EXTENSION OF EXPIRING AUTHORITIES
- Sec. 421REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A COVERED AIR CARRIER
register
- Rules and RegulationsFinal rule
- NoticesFinal rule
- Proposed RulesNotice of proposed rulemaking (NPRM)
- NoticesFinal rule
- Rules and RegulationsNotice
- NoticesNotice of proposed rulemaking (NPRM)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Proposed RulesNotice of proposed rulemaking (NPRM)
- Proposed RulesNotice and request for comments
- Rules and RegulationsFinal rule
- Proposed RulesNotice of proposed rulemaking (NPRM)
statutes-at-large
- Public Law 114–141To amend title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, and for other purposes
- Public Law 114–190To amend title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, and for other purposes
- Public Law 118–15Making continuing appropriations for fiscal year 2024, and for other purposes
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 118–34To amend title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, and for other purposes
- Public Law 112–95To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation syst
- Public Law 115–63To amend title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to provide disaster tax relief, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 115–250To extend the authorizations of Federal aviation programs, to extend the funding and expenditure authority of the Airport and Airway Trust Fund, and for other purposes
Traces to 1 document
public-private-law
6 references not yet in our index
- Pub. L. 112–95, title IV, § 415(a)
- 126 Stat. 93
- 130 Stat. 648
- Pub. L. 112–95
- Pub. L. 112–95, title IV, § 415(c)
- 126 Stat. 96
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cites case law
§ 42301
Emergency contingency plans
Bills×122
Fed. Reg.×65
Pub. L.×29
Stat. Comp.×29
Stat.×18
U.S.C.×13
C.F.R.×1
Pub. L.Pub. L. 112–95, title IV, § 415(a)
Stat.126 Stat. 93
Stat.130 Stat. 648
Pub. L.Pub. L. 112–95
Pub. L.Pub. L. 112–95, title IV, § 415(c)
Cites 7 · showing 6Cited by 277 across 7 sources