TSA Partners With Flight Attendants on Security

DOT 199-09
Monday, December 21, 2009
Contact: Olivia Alair
Tel.: (202) 366-4570

New DOT Consumer Rule Limits Airline Tarmac Delays, Provides Other Passenger Protections

U.S. Transportation Secretary Ray LaHood today announced a new rule that significantly strengthens protections afforded to consumers by, among other things, establishing a hard time limit after which U.S. airlines must allow passengers to deplane from domestic flights.

“Airline passengers have rights, and these new rules will require airlines to live up to their obligation to treat their customers fairly,” Secretary LaHood said.

The new rule prohibits U.S. airlines operating domestic flights from permitting an aircraft to remain on the tarmac for more than three hours without deplaning passengers, with exceptions allowed only for safety or security or if air traffic control advises the pilot in command that returning to the terminal would disrupt airport operations. U.S. carriers operating international flights departing from or arriving in the United States must specify, in advance, their own time limits for deplaning passengers, with the same exceptions applicable.

Carriers are required to provide adequate food and potable drinking water for passengers within two hours of the aircraft being delayed on the tarmac and to maintain operable lavatories and, if necessary, provide medical attention.

This rule was adopted in response to a series of incidents in which passengers were stranded on the ground aboard aircraft for lengthy periods and also in response to the high incidence of flight delays and other consumer problems. In one of the most recent tarmac delay incidents, the Department fined Continental Airlines, ExpressJet Airlines and Mesaba Airlines a total of $175,000 for their roles in a nearly six-hour ground delay at Rochester, MN.

The rule also:

• Prohibits airlines from scheduling chronically delayed flights, subjecting those who do to DOT enforcement action for unfair and deceptive practices;
• Requires airlines to designate an airline employee to monitor the effects of flight delays and cancellations, respond in a timely and substantive fashion to consumer complaints and provide information to consumers on where to file complaints;
• Requires airlines to display on their website flight delay information for each domestic flight they operate;
• Requires airlines to adopt customer service plans and audit their own compliance with their plans; and
• Prohibits airlines from retroactively applying material changes to their contracts of carriage that could have a negative impact on consumers who already have purchased tickets.

Today’s final rule was adopted following a review of public comments on a proposal issued in November 2008. The Department also plans to begin another rulemaking designed to further strengthen protections for air travelers. Among the areas under consideration are: a requirement that airlines submit to the Department for review and approval their contingency plans for lengthy tarmac delays; reporting of additional tarmac delay data; disclosure of baggage fees; and strengthening requirements that airline ads disclose the full fare consumers must pay for tickets.

The rule goes into effect 120 days after date of publication in the Federal Register. The rule may be obtained on the Internet at www.regulations.gov, docket DOT-OST-2007-0022.

FAAST Blast
Notice Number: NOTC2108
FAAST Blast — January 20, 2010

In anticipation of a large number of aircraft operating to and from the South Florida metropolitan area during the 2010 Pro-Bowl and Super Bowl XLIV weeks, special procedures will be used to enhance safety and minimize air traffic delays. Among the security provisions for this event are TFRs, two-way communications, and discrete transponder requirements.

Specific procedures for this event may be revised and access to some airports may be restricted. Pilots should be prepared to provide documentation, including personal identification, certificate number,aircraft ownership information, and a contact number. Pilots are also encouraged to check NOTAMs frequently to verify they have the most current information. TFR information is normally disseminated by FDC NOTAM three to five days prior to the event. Once published, text and graphic depictions of restrictions may be found on the following web site: www.tfr.faa.gov. The Super Bowl TFR is scheduled to be in effect on Feb. 7.

ADS-B Debuts in Gulf of Mexico
On January 12, 2010, FAA Administrator Randy Babbitt announced that an improved satellite-based system – Automatic Dependent Surveillance-Broadcast (ADS-B) – is now being used to more efficiently and safely separate and manage aircraft flying over the Gulf of Mexico.

“This is a significant, early step toward NextGen,” Administrator Babbitt said. “We’re delivering on time, a system that’s not only more accurate than radar but comes with significant safety and efficiency benefits. This will save time and money for aircraft operators and passengers and reduce our carbon footprint.”
Before the installation of ADS-B in the Gulf, controllers were required to maintain a 120-mile separation between aircraft. The new technology shrinks that to only five nautical miles, while increasing safety. The agency also can now provide more direct routes, which reduces fuel costs and improves efficiency.

This is the nation’s second major installation of ADS-B equipment. Controllers at Louisville International Airport started using the technology last fall. This year, ADS-B is expected to become operational at Philadelphia International Airport, as well as in Juneau, Alaska. It is expected to be available nationwide by 2013.
Finding and Fighting Fatigue
“A good laugh and a long sleep are the best cures in the doctor’s book.” This simple Irish proverb offers some profound advice, especially to those involved in the aviation industry. Each year, fatigue is all too often a factor in aircraft-related accidents and incidents. Although airline operator mishaps garner the lion’s share of media attention, GA pilots and mechanics are subject to the same fatigue-related risks as are air carrier personnel.

According to “Finding and Fighting Fatigue” in the January/February 2010 FAA Aviation News, the solution is amazingly simple, yet often difficult to implement: Get more sleep. In addition to providing tips to help airmen develop better sleep habits, the article also provides a sleep log which helps readers gauge how much sleep they get during a two-week period. The authors offer some sobering facts about fatigue. For instance, did you know that your performance level after being awake for 20 hours is equivalent to that of a legally drunk driver? Be sure to check out the entire article for more tips on how to combat fatigue.