80_FR_23409 80 FR 23329 - Submission of U.S. Carrier Updated Tarmac Delay Contingency Plans to Department of Transportation for Approval

80 FR 23329 - Submission of U.S. Carrier Updated Tarmac Delay Contingency Plans to Department of Transportation for Approval

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 80, Issue 80 (April 27, 2015)

Page Range23329-23329
FR Document2015-09716

The purpose of this document is to serve as notice to covered U.S. carriers of the statutory obligation, pursuant to the FAA Modernization and Reform Act, 49 U.S.C. 42301(d), to submit updated tarmac delay contingency plans on or before May 14, 2015, to the U.S. Department of Transportation's Office of Aviation Enforcement and Proceedings (Enforcement Office). We request that covered carriers submit their plans through the established Web site: http:// filingtarmacdelayplan.dot.gov.

Federal Register, Volume 80 Issue 80 (Monday, April 27, 2015)
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Page 23329]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09716]


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 DEPARTMENT OF TRANSPORTATION

Office of the Secretary

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


Submission of U.S. Carrier Updated 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 purpose of this document is to serve as notice to covered 
U.S. carriers of the statutory obligation, pursuant to the FAA 
Modernization and Reform Act, 49 U.S.C. 42301(d), to submit updated 
tarmac delay contingency plans on or before May 14, 2015, to the U.S. 
Department of Transportation's Office of Aviation Enforcement and 
Proceedings (Enforcement Office). We request that covered carriers 
submit their plans through the established Web site: http://filingtarmacdelayplan.dot.gov.

FOR FURTHER INFORMATION CONTACT: Laura Jennings, Office of the General 
Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE., 
W-96-429, Washington, DC 20590; Phone: (202) 366-9342; Fax: (202) 366-
7152; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 2012, pursuant to section 415 of the FAA Modernization and 
Reform Act of 2012, 49 U.S.C. 42301, (``the Act'') U.S. carriers 
operating scheduled passenger service or public charter service using 
any aircraft with a design capacity of 30 or more seats, and airport 
operators of large hub, medium hub, small hub, or non-hub U.S. airports 
were required to submit contingency plans for lengthy tarmac delay 
plans to the Secretary of Transportation for review and approval by May 
14, 2012. Covered carriers and airports submitted their tarmac delay 
plans by the statutory deadline of May 14, 2012, and within 60 days of 
receipt of a tarmac delay plan, the Enforcement Office reviewed, 
approved, or, if necessary, required modifications to submitted plans. 
The Enforcement Office completed the process on August 23, 2012, after 
reviewing, requesting modifications, and approving 451 plans.
    The purpose of this notice is to address the Act's recurring 
``updates'' provision, 49 U.S.C. 42301(d)(1), which requires covered 
air carriers to resubmit updated plans every three years to the 
Secretary for review and approval.\1\ As such, covered carriers are 
required to update their plans and submit the updated plan for review 
and approval by May 14, 2015. The submission and review process will be 
identical to the process used in May 2012.
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    \1\ Airports are also required to submit updated plans on a 
recurring basis. 49 U.S.C. 42301(d)(2). The requirement for airports 
is every five years, thus the next submission deadline for covered 
airports will occur in May 2017.
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    Similar to 2012, the Department's Bureau of Transportation 
Statistics (BTS) has identified a preliminary list of those carriers 
that the Department believes to be covered by the statute. The 
preliminary list can be found on the Department's Aviation Consumer 
Protection Division Web site at www.dot.gov/airconsumer/flight-delays. 
Any U.S. carrier on the referenced list that believes it is not covered 
by the statute and should not be on the list should notify one of the 
Department contacts listed above as soon as possible. Similarly, if any 
U.S. carrier believes it is covered by the statute but does not appear 
on the list, that carrier should notify one of the Department contacts 
noted above.
    Regarding the submission of updated plans, we request that carriers 
submit their plans through the established Web site: http://filingtarmacdelayplan.dot.gov. Most covered carriers already have an 
account created, but for any questions (e.g., forgotten usernames or 
passwords), please contact one of the Department contacts noted above. 
If a carrier needs to register for the first time and create an 
account, click on the hyperlink titled ``Create Account to Submit 
Tarmac Delay Contingency Plan'' in the blue sign-in box on the home 
page of the established Web site. For further reference, more detailed 
instructions regarding registering an account and submitting plans can 
be found at www.dot.gov/airconsumer/flight-delays. See May 2, 2012 
Notice.
    Pursuant to the Act, the Enforcement Office will have 60 days from 
receipt of a plan to review and approve a plan or, if necessary, 
require modifications to the updated plan. 49 U.S.C. 42301(e)(1). If 
the Enforcement Office fails to approve or require modifications to an 
updated plan within the 60-day timeframe, the plan shall be deemed 
approved. 49 U.S.C. 42301(e)(2).
    To the extent carriers do not have any updates for their plans, the 
Enforcement Office will accept resubmission of the same plan. The 
language of the statute is clear, ``an air carrier shall update each 
emergency contingency plan submitted by the carrier [] every 3 years 
and submit the update to the Secretary for review and approval.'' 49 
U.S.C. 42301(d)(1).

    Issued this 21st day of April 2015, at Washington, DC.
Blane A. Workie,
Assistant General Counsel for Aviation Enforcement and Proceedings, 
U.S. Department of Transportation.
[FR Doc. 2015-09716 Filed 4-24-15; 8:45 am]
 BILLING CODE 4910-9X-P



                                                                              Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices                                                  23329

                                               the date of the publication of the notice               Background                                            please contact one of the Department
                                               of having received such application, or                    In 2012, pursuant to section 415 of the            contacts noted above. If a carrier needs
                                               the Secretary shall publish a statement                 FAA Modernization and Reform Act of                   to register for the first time and create
                                               in the Federal Register of the reason                   2012, 49 U.S.C. 42301, (‘‘the Act’’) U.S.             an account, click on the hyperlink titled
                                               why the Secretary’s decision on the                     carriers operating scheduled passenger                ‘‘Create Account to Submit Tarmac
                                               application is delayed, along with an                   service or public charter service using               Delay Contingency Plan’’ in the blue
                                               estimate of the additional time                         any aircraft with a design capacity of 30             sign-in box on the home page of the
                                               necessary before a decision is made.’’                  or more seats, and airport operators of               established Web site. For further
                                                  ATA’s application for a preemption                   large hub, medium hub, small hub, or                  reference, more detailed instructions
                                               determination is still under                            non-hub U.S. airports were required to                regarding registering an account and
                                               consideration by PHMSA. The Agency                      submit contingency plans for lengthy                  submitting plans can be found at
                                               is currently conducting fact-finding and                tarmac delay plans to the Secretary of                www.dot.gov/airconsumer/flight-delays.
                                               legal analysis in response to the                       Transportation for review and approval                See May 2, 2012 Notice.
                                               application. Because of this additional                                                                          Pursuant to the Act, the Enforcement
                                                                                                       by May 14, 2012. Covered carriers and
                                               fact-finding and legal analysis, it was                                                                       Office will have 60 days from receipt of
                                                                                                       airports submitted their tarmac delay
                                               impracticable to issue a decision within                                                                      a plan to review and approve a plan or,
                                                                                                       plans by the statutory deadline of May
                                               the 180-day timeframe. In order to allow                                                                      if necessary, require modifications to
                                                                                                       14, 2012, and within 60 days of receipt
                                               time for full consideration of the issues                                                                     the updated plan. 49 U.S.C. 42301(e)(1).
                                                                                                       of a tarmac delay plan, the Enforcement
                                               raised by the application, PHMSA                                                                              If the Enforcement Office fails to
                                                                                                       Office reviewed, approved, or, if
                                               delays issuance of its determination,                                                                         approve or require modifications to an
                                                                                                       necessary, required modifications to
                                               and estimates a decision will be                                                                              updated plan within the 60-day
                                                                                                       submitted plans. The Enforcement
                                               published in approximately 120 days.                                                                          timeframe, the plan shall be deemed
                                                                                                       Office completed the process on August
                                                                                                                                                             approved. 49 U.S.C. 42301(e)(2).
                                                 Issued in Washington, DC, on April 21,                23, 2012, after reviewing, requesting
                                                                                                                                                                To the extent carriers do not have any
                                               2015.                                                   modifications, and approving 451 plans.
                                                                                                                                                             updates for their plans, the Enforcement
                                               Joseph Solomey,                                            The purpose of this notice is to
                                                                                                                                                             Office will accept resubmission of the
                                               Senior Assistant Chief Counsel.                         address the Act’s recurring ‘‘updates’’
                                                                                                                                                             same plan. The language of the statute
                                                                                                       provision, 49 U.S.C. 42301(d)(1), which
                                               [FR Doc. 2015–09634 Filed 4–24–15; 8:45 am]                                                                   is clear, ‘‘an air carrier shall update each
                                                                                                       requires covered air carriers to resubmit
                                               BILLING CODE 4910–60–P                                                                                        emergency contingency plan submitted
                                                                                                       updated plans every three years to the
                                                                                                                                                             by the carrier [] every 3 years and
                                                                                                       Secretary for review and approval.1 As
                                                                                                                                                             submit the update to the Secretary for
                                               DEPARTMENT OF TRANSPORTATION                            such, covered carriers are required to
                                                                                                                                                             review and approval.’’ 49 U.S.C.
                                                                                                       update their plans and submit the
                                                                                                                                                             42301(d)(1).
                                               Office of the Secretary                                 updated plan for review and approval
                                                                                                       by May 14, 2015. The submission and                     Issued this 21st day of April 2015, at
                                                                                                       review process will be identical to the               Washington, DC.
                                               [Docket No. DOT–OST–2012–0028]                                                                                Blane A. Workie,
                                                                                                       process used in May 2012.
                                               Submission of U.S. Carrier Updated                         Similar to 2012, the Department’s                  Assistant General Counsel for Aviation
                                                                                                       Bureau of Transportation Statistics                   Enforcement and Proceedings, U.S.
                                               Tarmac Delay Contingency Plans to                                                                             Department of Transportation.
                                               Department of Transportation for                        (BTS) has identified a preliminary list of
                                               Approval                                                those carriers that the Department                    [FR Doc. 2015–09716 Filed 4–24–15; 8:45 am]
                                                                                                       believes to be covered by the statute.                BILLING CODE 4910–9X–P
                                               AGENCY:Office of the Secretary (OST),                   The preliminary list can be found on the
                                               Department of Transportation (DOT).                     Department’s Aviation Consumer
                                                                                                       Protection Division Web site at                       DEPARTMENT OF THE TREASURY
                                               ACTION:   Notice.
                                                                                                       www.dot.gov/airconsumer/flight-delays.
                                                                                                       Any U.S. carrier on the referenced list               Office of Foreign Assets Control
                                               SUMMARY:    The purpose of this document
                                               is to serve as notice to covered U.S.                   that believes it is not covered by the
                                                                                                       statute and should not be on the list                 Sanctions Actions Pursuant to
                                               carriers of the statutory obligation,                                                                         Executive Order 13611
                                               pursuant to the FAA Modernization and                   should notify one of the Department
                                               Reform Act, 49 U.S.C. 42301(d), to                      contacts listed above as soon as                      AGENCY:  Office of Foreign Assets
                                               submit updated tarmac delay                             possible. Similarly, if any U.S. carrier              Control, Treasury.
                                               contingency plans on or before May 14,                  believes it is covered by the statute but             ACTION: Notice.
                                               2015, to the U.S. Department of                         does not appear on the list, that carrier
                                                                                                       should notify one of the Department                   SUMMARY:   The Treasury Department’s
                                               Transportation’s Office of Aviation
                                                                                                       contacts noted above.                                 Office of Foreign Assets Control (OFAC)
                                               Enforcement and Proceedings
                                                                                                          Regarding the submission of updated                is publishing the names of 2 individuals
                                               (Enforcement Office). We request that
                                                                                                       plans, we request that carriers submit                whose property and interests in
                                               covered carriers submit their plans
                                                                                                       their plans through the established Web               property are blocked pursuant to
                                               through the established Web site:
                                                                                                       site: http://                                         Executive Order (E.O.) 13611 and whose
                                               http://filingtarmacdelayplan.dot.gov.
                                                                                                       filingtarmacdelayplan.dot.gov. Most                   names have been added to OFAC’s list
                                               FOR FURTHER INFORMATION CONTACT:                        covered carriers already have an                      of Specially Designated Nationals and
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                                               Laura Jennings, Office of the General                   account created, but for any questions                Blocked Persons (SDN List).
                                               Counsel, U.S. Department of                             (e.g., forgotten usernames or passwords),             DATES: OFAC’s actions described in this
                                               Transportation, 1200 New Jersey Ave.                                                                          notice were effective April 14, 2015.
                                               SE., W–96–429, Washington, DC 20590;                      1 Airports are also required to submit updated
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               Phone: (202) 366–9342; Fax: (202) 366–                  plans on a recurring basis. 49 U.S.C. 42301(d)(2).
                                                                                                                                                             Associate Director for Global Targeting,
                                               7152; Email: Laura.Jennings@dot.gov.                    The requirement for airports is every five years,
                                                                                                       thus the next submission deadline for covered         tel.: 202/622–2420, Assistant Director
                                               SUPPLEMENTARY INFORMATION:                              airports will occur in May 2017.                      for Sanctions Compliance & Evaluation,


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Document Created: 2015-12-16 08:29:22
Document Modified: 2015-12-16 08:29:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLaura Jennings, Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE., W-96-429, Washington, DC 20590; Phone: (202) 366-9342; Fax: (202) 366- 7152; Email: [email protected]
FR Citation80 FR 23329 

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