Submission of Air Carrier Contingency Plans
U.S. air carriers’ Contingency Plans for Lengthy Tarmac Delays are to be submitted to the U.S. Department of Transportation’s (DOT) Office of Aviation Consumer Protection (OACP) through a new reporting module in the Aviation Complaint, Enforcement, and Reporting System (ACERS).
Top Questions
- Which carriers are required to submit updated contingency plans to DOT for review and approval?
- How often must U.S. air carriers submit updated contingency plans to DOT?
- What information must U.S. air carriers include in their contingency plans?
- How should U.S. air carriers submit contingency plans to DOT?
- What happens after the contingency plan is submitted?
Which carriers are required to submit updated contingency plans to DOT for review and approval?
Pursuant to 49 U.S.C. § 42301, all U.S. air carriers that operate scheduled passenger service or public charter service using an aircraft with a design capacity of 30 or more seats are required to submit updated contingency plans to DOT for review and approval.
How often must U.S. air carriers submit updated contingency plans to DOT?
Covered U.S. carriers must submit updated contingency plans to DOT every three years. The last submission cycle occurred in December 2024. The next submission cycle will be in 2027. OACP will provide advance notice to covered U.S. carriers when it is time to submit for the next cycle.
What information must U.S. air carriers include in their contingency plans?
Each contingency plan must comply with the requirements of 49 U.S.C. § 42301 and 14 CFR 259.4. Carriers must adopt a plan for scheduled and public charter flights at each U.S. large, medium, small, and non-hub airport at which they operate or market service.
Each contingency plan must include, at a minimum, the following assurances:
- Option to Deplane: A provision that a passenger shall have the option to deplane an aircraft when there is an excessive tarmac delay (three hours for domestic flights and four hours for international flights) with the following exceptions:
- Departure Flights: For departing flights, when the flight begins to return to a suitable disembarkation point no later than three hours (for domestic flights) or four hours (for international flights) after the main aircraft door is closed in order to deplane passengers. If the aircraft is in an area that is not under the carrier’s control, the aircraft has begun to return to a suitable disembarkation point when a request is made to the Federal Aviation Administration control tower, airport authority, or other relevant authority directing the aircraft’s operations. If the aircraft is in an area that is under the carrier’s control, the aircraft has begun to return to a suitable disembarkation point when the pilot begins maneuvering the aircraft to a suitable disembarkation point;
- Safety and Security: The pilot-in-command determines that deplaning passengers at a suitable 2 disembarkation point would jeopardize passenger safety or security, or there is a safety related or security related reason why the aircraft cannot leave its position on the tarmac to deplane passengers; or
- Air Traffic Control: Air traffic control advises the pilot-in-command that returning to a suitable disembarkation point to deplane passengers would significantly disrupt airport operations;
- Necessities: A provision that the carrier will provide adequate food and potable water no later than two hours after the start of the tarmac delay, unless the pilot-in-command determines that safety or security considerations preclude such service;
- Facilities: A provision that the carrier will provide operable lavatory facilities, as well as adequate medical attention if needed, during a tarmac delay;
- Notifications:
- A provision that the carrier will notify the passengers on board the aircraft during a tarmac delay regarding the status of the delay when the tarmac delay exceeds 30 minutes for all flights;
- A provision that the carrier will notify passengers on board the aircraft that passengers have the opportunity to deplane each time the opportunity to deplane exists at a suitable disembarkation point for all departing flights and diversions;
- Resources: A provision that the carrier has sufficient resources to implement its contingency plan;
- Coordination: Assurances that the contingency plan has been coordinated with airport authorities (including terminal facility operators where applicable), U.S. Customs and Border Protection and the Transportation Security Administration at each U.S. large, medium, small and non-hub airport that the carrier serves, as well as the carrier’s regular U.S. diversion airports;
- Cabin Environment: A description of how the carrier will maintain comfortable cabin temperatures during tarmac delays; and
- Facility Sharing: A description of how the carrier will share facilities and make gates available at the airport in an emergency.
How should U.S. air carriers submit contingency plans to DOT?
U.S. air carriers can access the reporting feature here. Detailed instructions on how to access and submit contingency plans can be found in this Industry User Guide.
For airlines that have not created an ACERS account, please register and designate an Account Manager here.
If you need assistance with ACERS, please email us at oacp@dot.gov.
What happens after the contingency plan is submitted?
OACP has 60 days from receipt of a plan to review and approve it or, if necessary, require modifications to the updated plan. 49 U.S.C. § 42301(e)(1). If OACP fails to act within the 60-day timeframe, the plan is deemed approved. 49 U.S.C. § 42301(e)(2).