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)

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, 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