Us Code § 42301 - Emergency contingency plans
Full text of Us Code United States Code § 42301 — Emergency contingency plans, with citation guidance and answers to common questions.
§ 42301. Emergency contingency plans
(a)
(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)
(1)
(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)
(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)
(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)
(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)
(1)
(2)
(e)
(1)
(2)
(3)
(f)
(g)
(h)
(i)
(1)
(2)
(3)
(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)
(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.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
Amendments
2016—Subsec. (b)(3)(C). Pub. L. 114–190, §2308(a)(2), added subpar. (C). Former subpar. (C) redesignated (D).
Subsec. (b)(3)(D). Pub. L. 114–190, §2308(a)(1), (3), redesignated subpar. (C) as (D) and substituted "subparagraphs (A), (B), and (C)" for "subparagraphs (A) and (B)" in introductory provisions.
Subsec. (i)(4). Pub. L. 114–190, §2308(b), amended par. (4) generally. Prior to amendment, text read as follows: "The term 'excessive tarmac delay' means a tarmac delay that lasts for a length of time, as determined by the Secretary."
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 112–95, title IV, §415(c), Feb. 14, 2012, 126 Stat. 96, provided that: "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 [Feb. 14, 2012]."
Regulations
Pub. L. 114–190, title II, §2308(c), July 15, 2016, 130 Stat. 648, provided that: "Not later than 90 days after the date of enactment of this section [July 15, 2016], the Secretary of Transportation shall issue regulations and take other actions necessary to carry out the amendments made by this section [amending this section]."
About This Section
49 U.S.C. § 42301 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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