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

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗

(a)Submission of Air Carrier and Airport PlansNot later than 90 days after the date of enactment of this section, each of the following air carriers and airport operators shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section:
1. (1)An air carrier providing covered air transportation at a commercial airport.
2. (2)An operator of a commercial airport.
3. (3)An operator of an airport used by an air carrier described in paragraph (1) for diversions.
(b)Air Carrier Plans
1. (1)Plans for individual airportsAn air carrier shall submit an emergency contingency plan under subsection (a) for—
  1. (A)each airport at which the carrier provides covered air transportation; and
  2. (B)each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control.
2. (2)ContentsAn emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the carrier will—
  1. (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;
  2. (B)share facilities and make gates available at the airport in an emergency; and
  3. (C)allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3).
3. (3)Deplaning following an excessive tarmac delayFor purposes of paragraph (2)(C), an emergency contingency plan submitted by an air carrier under subsection (a) shall incorporate the following requirements:
  1. (A)A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay.
  2. (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.
  3. (C)In providing the option described in subparagraph (A), the air carrier shall begin to return the aircraft to a suitable disembarkation point—
    1. (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
    2. (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.
  4. (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—
    1. (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
    2. (ii)the pilot in command determines that permitting a passenger to deplane would jeopardize passenger safety or security.
(c)Airport PlansAn emergency contingency plan submitted by an airport operator under subsection (a) shall contain a description of how the operator, to the maximum extent practicable, will—
1. (1)provide for the deplanement of passengers following excessive tarmac delays;
2. (2)provide for the sharing of facilities and make gates available at the airport in an emergency; and
3. (3)provide a sterile area following excessive tarmac delays for passengers who have not yet cleared United States Customs and Border Protection.
(d)Updates
1. (1)Air carriersAn 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.
2. (2)AirportsAn 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.
(e)Approval
1. (1)In generalNot 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.
2. (2)Failure to approve or require modificationsIf 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.
3. (3)Adherence requiredAn air carrier or airport operator shall adhere to an emergency contingency plan of the carrier or operator approved under this section.
(f)Minimum StandardsThe Secretary shall establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.
(g)Public AccessAn 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.
(h)ReportsNot 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.
(i)DefinitionsIn this section, the following definitions apply:
1. (1)Commercial airportThe term “commercial airport” means a large hub, medium hub, small hub, or nonhub airport.
2. (2)Covered air transportationThe 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.
3. (3)Tarmac delayThe term “tarmac delay” means the period during which passengers are on board an aircraft on the tarmac—
  1. (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
  2. (B)awaiting deplaning after the aircraft has landed.
4. (4)Excessive tarmac delayThe term “excessive tarmac delay” means a tarmac delay of more than—
  1. (A)3 hours for a flight in interstate air transportation; or
  2. (B)4 hours for a flight in foreign air transportation.