49 U.S.C. § 42301: Emergency contingency plans

An air carrier providing covered air transportation at a commercial airport. An operator of a commercial airport. An operator of an airport used by an air carrier described in paragraph (1) for diversions. each airport at which the carrier provides covered air transportation; and each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control. 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; share facilities and make gates available at the airport in an emergency; and allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3). A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay. 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. 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 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. 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 the pilot in command determines that permitting a passenger to deplane would jeopardize passenger safety or security. provide for the deplanement of passengers following excessive tarmac delays; provide for the sharing of facilities and make gates available at the airport in an emergency; and provide a sterile area following excessive tarmac delays for passengers who have not yet cleared United States Customs and Border Protection. 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. 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. 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. 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. An air carrier or airport operator shall adhere to an emergency contingency plan of the carrier or operator approved under this section. The Secretary shall establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section. 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. 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. The term “commercial airport” means a large hub, medium hub, small hub, or nonhub airport. 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. 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 awaiting deplaning after the aircraft has landed. 3 hours for a flight in interstate air transportation; or 4 hours for a flight in foreign air transportation.