Enhancing Airline Passenger Protections Rule

The U.S. Department of Transportation (DOT) has released a sweeping Final Rule on enhancing airline passenger protections. The rule will be formally published in the Federal Register on Monday, April 25, 2011, and the requirements of the rule will go into effect 120 days thereafter (i.e., on or about August 23, 2011), with the exception of amendments to DOT's full fare advertising rule (14 CFR § 399.84), which will go into effect 180 days thereafter (i.e., on or about October 22, 2011). The pre-publication version of the rule is 213 pages long, so it is not attached, but we would be happy to send you an electronic copy if you would like to receive it.

Under the Final Rule, the following new requirements are among those that are relevant to foreign air carriers. Unless otherwise noted, these rules apply to foreign air carriers that provide scheduled passenger service (including, in some cases, code-sharing service) or public charter service to or from the United States (excluding public charter flights to/from a U.S. point where no U.S.-originating passengers will be carried) with at least one aircraft having a designed passenger seating capacity of 30 or more seats (covered foreign air carriers).

1. Tarmac delay requirements

   The following DOT tarmac delay requirements will apply to covered foreign air carriers:

   Adoption of and adherence to a Contingency Plan for Lengthy Tarmac Delays which applies to scheduled and public charter flights at each U.S. airport at which the covered foreign air carrier operates or markets scheduled or covered public charter air service. Among other things, the plan must include an assurance that the foreign air carrier will not allow an international flight to remain on the tarmac at a U.S. airport for more than four hours without allowing passengers to deplane, subject to certain safety, security, and ATC exceptions. Notably, such plans must also be coordinated with airport authorities, CBP, and TSA at each airport the foreign air carrier serves, including diversion airports. In a code-sharing situation, the marketing carrier's plan governs if different from the operating carrier's plan, unless the marketing carrier specifies in its contract of carriage that the operating carrier's plan governs (14 CFR § 259.4). Monthly submission to DOT of BTS Form 244, "Tarmac Delay Report," identifying covered flights that experienced a tarmac delay of three hours or more (14 CFR Part 244). 2. Customer service plan

   Covered foreign air carriers must also adopt, adhere to, and annually audit a Customer Service Plan, which addresses disclosures to...