Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

Three-Hour Tarmac Rule

Enhancing Airline Passenger Protections 14 CFR Part 259
Effective: April 29, 2010
Presented to: New York Customer Forum By: Gregory J. Dunne Date: April 7, 2010

Federal Aviation Administration

2009 Three Hour Delays

1 2 3 4 5 6 7 8 9 10 11 12 13 14 JFK PHL IAD ATL LGA ORD EWR CLT BOS DFW DCA MSP BWI CVG 169 66 57 37 35 24 23 23 18 17 15 11 10 10 515 (44%)
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(204) (227)

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

Applicability
Large and Medium Hub Airports, as Defined by the Federal Aviation Office of Airports Large Hub Airport = At least 1% of total US enplanements Medium Hub Airport = At least .25%, but less than 1%, of total US enplanements
Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

FAA Office of Airports Designated Medium and Large Hubs

Large Hubs (28): ATL BWI CLT DEN DCA DFW DTW EWR FLL HNL IAD IAH JFK LAS
Three-Hour Tarmac Rule March 16, 2010

Medium Hubs (41): ABQ ANC AUS BDL BNA BOS BUF BUR CVG CLE CMH DAL HOU IND JAX OGG MCI MCO MEM IND MHT MKE MSY OAK OMA ONT ORF PBI PIT PVD RDU RNO RSW SAT SDF SJC SJU SMF SNA STL TUS
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LAX LGA MIA MDW MSP ORD PDX PHL PHX SAN SEA SFO SLC TPA

Federal Aviation Administration

Applicability (Continued)
Certificated or Commuter Air Carrier with Aircraft having a Passenger Capacity of 30 Seats or More U.S. Flag Carriers Domestic flights International flights that arrive or depart U.S airports Some flexibility to increase tarmac time above three hours, which must be identified in the air carriers contingency plan Foreign Carriers are Exempt from This Rule

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

Requirements
Aircraft Must Depart or the Opportunity Provided for Passengers to Deplane on the Ramp, at a Gate or an Established Alternate Deplaning Area No Later Than Three Hours After Cabin Door Closure Unless: The pilot-in-command determines 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 advises the pilot-in-command that returning to the gate or another disembarkation point elsewhere in order to deplane passengers would significantly disrupt airport operations.
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Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

Requirements (continued)
Pilot-In-Command MUST Request Taxi Clearance to the Ramp, Gate or Alternate Deplaning Area in Sufficient Time To Comply with this Rule Food and Potable Water Must be Available: No later than two hours from push back for departures No later than two hours after touch down for arrivals Operable Lavatory Facilities Must be Available While the Aircraft Remains on the Tarmac
Three-Hour Tarmac Rule March 16, 2010 Federal Aviation Administration

Requirements (Continued)
Each Applicable Air Carrier Must Develop a Contingency Plan with the Airport Operator It is recommended that representatives from the local air traffic terminal facility participate in the coordination of that portion of the contingency plan that applies to airfield operations, such as: Identifying impact mitigation strategies when there is the potential to for tarmac delays to reach three hours Designating alternate deplaning areas Servicing of aircraft in the queue on the movement area
Three-Hour Tarmac Rule March 16, 2010 Federal Aviation Administration

Requirements (Continued)
Each Applicable Air Carrier Shall Develop a Customer Service Plan Which Must: Address meeting customers essential needs during lengthy tarmac delays Address properly accommodating passengers with disabilities and other special needs during tarmac delays Contain a complaint process Ensure responsiveness to customer complaints Be published on their web site
(Note: There are other Customer Service Plan requirements identified in 14 CFR Part 259.5 that are general in nature and apply to covered carriers)

Three-Hour Tarmac Rule March 16, 2010

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Penalty for Non-Compliance

Failure to Comply with the Provisions of this Rule is Considered an Unfair and Deceptive Practice that is Subject to Enforcement by the Department of Transportation Fines of up to $27,500.00 per Passenger May be Levied Against the Air Carrier for Violations of this Rule

Three-Hour Tarmac Rule March 16, 2010

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FAA Implementation
Tarmac Work Group Comprised of Representatives from: Enroute and Oceanic - System Operations Operations (ATCSCC) NATCA - Technical Training Service Area - Terminal Operations SUPCOM Tarmac Work Group Tasking: Review the Three Hour Tarmac Rule and identify those elements applicable to the Air Traffic Organization (ATO) Recommend processes and procedures necessary to comply with, and contribute to the success of, the Rule Develop a Notice pertaining to the implementation of the Rule Identify the resulting changes to Orders 7110.65,7210.3 and 8020.11, and the Airmans Information Manual Forward draft recommendations to the Steering Committee

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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Working Group
Greg Dunne (Lead) Jim Burgen David Dodd Paul Litke Lindsay Adrain Margaret Hartman Michael DeMonte Virginia Smith Gary Wiggins Bob Clyburn Greg Callahan Thomas VanMeter Mark G Miller Greta Ballard
Three-Hour Tarmac Rule March 16, 2010

I90 TMO SCT TMO Terminal Procedures ORD Staff Manager Terminal Training ATCSCC ZDC ZDC SUPCOM SUPCOM NATCA ZDC ZDC Technical Training
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Federal Aviation Administration

Steering Group
Michael McCormick Brian Rushforth Rebecca MacPherson Carol Might Dean Torgenson Elizabeth Ray Edie Parish Ellen King Gerry Shakley Keith Harrison Greta Ballard Ken Myers Kerryaine Yarber Kip Spurio Marshall Mowery Tony Mello David Dodd
Three-Hour Tarmac Rule March 16, 2010

Terminal Planning and Performance Office of General Counsel Litigation Litigation Airspace and AIM Rulemaking System Operations System Operations NATCA Technical Training Enroute and Oceanic Litigation Terminal Planning Surface CDM Terminal Operations Terminal Procedures 14

Federal Aviation Administration

THREE HOUR TARMAC RULE

NOTICE N JO 7210.745
(Changes to Order JO 7210.3, Facility Operations and Administration)

Requires the development and implementation of tarmac delay related procedures by the ATCSCC, En route facilities, and affected terminal facilities. Those procedures must:
Be contained in a facility directive Be briefed annually

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 7210.745
(Changes to Order 7210.3, Facility Operations and Administration) Identify local conditions that constitute a significant disruption of airport operations, such as, the accommodation of a tarmac delay aircraft would:
Require airborne holding that would result in delays of 15 minutes or more Require use of an active runway and would result in arrival/departure delays of 15 minutes or more Result in placing other aircraft in jeopardy of violating the Three Hour Rule Displace departure aircraft already in a reportable delay status and result in delays in excess of an additional 15 minutes or more Result in a diversion or the airborne holding of three or more aircraft.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 7210.745 (Continued)
(Changes to Order 7210.3, Facility Operations and Administration) (Those procedures must (continued))
Identify issues of operational complexity, if applicable, such as: Security or Customs concerns Local safety considerations, such as multiple active runway crossings Location of alternate deplaning areas, if applicable Taxiway/runway closures and/or airport construction

Identifies cascading notification requirements when a terminal facility is in a tarmac delay situation (a request to taxi to the ramp, gate or alternate deplaning area as a result of the Three Hour Rule has been received)
Terminal facility verbally to overlying facility TRACON verbally to ARTCC TMU ARTCC TMU verbally to ATCSCC
Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 7210.745 (Continued)
(Changes to Order 7210.3, Facility Operations and Administration) Identifies the requirement to notify the Washington Operations Center (WOC) through the Regional Operations Center (ROC) when facility personnel become aware that an aircraft has violated the Three Hour Tarmac Rule Identifies required facility actions to:
Comply with a request to taxi as a result of the Three Hour Tarmac Rule as soon as operationally practical, unless a significant disruption of airport operations or a compromise of safety or security would result Document that taxi request as a QAR on FAA Form 7230-4, noting the time of the request Retain all available records pertinent to that event, to include flight plan data, voice recordings, data recordings and facility logs for one year, when notified that an aircraft has exceeded the Three Hour Tarmac Rule

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 7210.3.745 (Continued)
(Changes to Order 7210.3, Facility Operations and Administration)

Contains the addition of the list of medium and large hubs as attachment 4 of Order JO 7210.3.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 7110.524
(Changes to Order JO 7110.65, Air Traffic Control)

Adds a new paragraph to Chapter 3, Air Traffic Control Terminal, addressing ground operations related to the Three Hour Tarmac Rule. Specifically, this paragraph requires that:
A request by the pilot-in-command to return to the ramp, gate or alternate deplaning area due to the Three Hour Tarmac Rule be accommodated as soon as operationally practical Phraseology (Identification) TAXI TO (ramp, gate or alternate deplaning area) VIA (route). or (Identification) EXPECT A (number) MINUTE DELAY DUE TO (ground and/or landing and/or departing) TRAFFIC. .
Three-Hour Tarmac Rule March 16, 2010 Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 7110.524 (Continued)
(Changes to Order 7110.65, Air Traffic Control)

(this paragraph requires that (continued))

The pilot-in-command be advised that the requested service cannot be accommodated because it would create a significant disruption to airport operations
Phraseology (Identification ) UNABLE DUE TO OPERATIONAL DISRUPTION

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 7110.65.524 (Continued) (Changes to Order JO 7110.65, Air Traffic Control)
Adds the following definitions to the Pilot/Controller Glossary:
TARMAC DELAY The holding of an aircraft on the ground either before departure or after landing with no opportunity for its passengers to deplane. TARMAC DELAY AIRCRAFT An aircraft whose pilot-incommand has requested to taxi to the ramp, gate or alternate deplaning area to comply with the Three Hour Tarmac Rule.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N 7110.524 (Continued)
(Changes to Order 7110.65, Air Traffic Control) (Pilot/Controller Glossary (continued))
TARMAC DELAY REQUEST A request by the pilot-incommand to taxi to the ramp, gate or alternate deplaning area to comply with the Three Hour Tarmac Rule. THREE HOUR TARMAC RULE The rule that relates to Department of Transportation (DOT) requirements placed on airlines when tarmac delays are anticipated to reach 3 hours.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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TARMAC DELAY DATA RETENTION

NOTICE N JO 8020.186
(Change to Order JO 8020.16, Aircraft Accident and Incident Notification, Investigation and Reporting) Identifies a Three Hour Tarmac Delay violation as a Miscellaneous Incident, to be handled as such in accordance with Order 8020.16. Specifically:
When a facility is notified that an aircraft has exceeded the Three Hour Tarmac Rule, assemble an incident file containing, but not limited to, the following records: Flight progress strip and/or flight plan data, including delay information to the aircraft via pre-departure clearance (PDC) message. Record of conversation pertaining to telephone discussions or other forms of communication regarding the event.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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TARMAC DELAY DATA RETENTION

NOTICE N JO 8020.186 (Continued)
(Changes to Order JO 8020.16, Aircraft Accident and Incident Notification, Investigation and Reporting) (Incident file contents (continued))
Audio files from 5 minutes before initial contact or first PDC message until 5 minutes after last contact with the facility. FAA Form 7230-4, Facility Record of Operations, containing the Quality Assurance Review (QAR) entry and its results. Radar Data (ASDE-X, etc).

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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THREE HOUR TARMAC RULE

NOTICE N JO 8020.186 (Continued)
(Changes to Order 7110.65, Air Traffic Control) (Incident file contents (continued))
Completed FAA Form 8020-26, Personnel Statement, from each facility involved. The reporting facility must request supporting documentation from the other facilities involved (i.e. overlying facility, ATCSCC, adjacent facility, etc). The reporting facility must forward copies of supporting documentation and file the original copies under the reporting facilitys file number.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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TARMAC DELAY DATA RETENTION

NOTICE N JO 8020.186 (Continued)
(Changes to Order JO 8020.16, Aircraft Accident and Incident Notification, Investigation and Reporting)

(Incident file contents (continued))

Position logs for the period contained in the audio files. The file must be labeled as Three Hour Tarmac Rule Incident and include the following: + The aircraft call sign. + The date and UTC time when the aircraft exceeded the Three Hour Tarmac Rule.

Identifies the requirement to retain Three Hour Tarmac Rule Incident Files for a period of one year.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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Additional Publication Changes Aeronautical Information Manual (AIM)

Amended to include the following definitions, as contained in NOTICE N JO 7110.524:
TARMAC DELAY TARMAC DELAY AIRCRAFT TARMAC DELAY REQUEST THREE HOUR TARMAC RULE

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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ADVISORY CIRCULAR NUMBER 93-3

SUBJECT: LENGTHY TARMAC DELAYS AND ASSOCIATED AIRLINE/AIRPORT CONTINGENCY PLANS AND RELATED AIR TRAFFIC CONTROL COMMUNICATIONS ISSUED: MARCH 31, 2010 EFFECTIVE: APRIL 29, 2010

Advisory Circular Number 93-3 addresses:

the FAA/ATC role in addressing tarmac delay taxi requests, which is:
To provide the requested service as soon as operationally practical, or To advise the pilot-in-command if there will be a delay in providing the requested service and the anticipated length of such a delay, or To advise the pilot-in-command that the request can not be accommodated due to operational disruption

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ADVISORY CIRCULAR NUMBER 93-3

(SUBJECT: LENGTHY TARMAC DELAYS (Continued)) (addresses: (Continued))
The phraseology that the pilot-in-command can expect to hear from ATC when replying to his/her Three Hour Tarmac Rule related taxi request, which is: (Identification) TAXI TO (ramp, gate or alternate deplaning area) VIA (route). or (Identification) EXPECT A (number) MINUTE DELAY DUE TO (ground and/or landing and/or departing) TRAFFIC. or (Identification) UNABLE DUE TO OPERATIONAL DISRUPTION. The recommendation that air carrier representatives and airport operators include representatives from the local terminal facility when developing their contingency plans.
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Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

ADVISORY CIRCULAR NUMBER 93-3

(SUBJECT: LENGTHY TARMAC DELAYS(Continued)) (addresses: (continued))
The requirement for the pilot-in-command to specifically state when a taxi request is made for the purpose of complying with the Three Hour Tarmac Delay Rule. The requirement that it is the responsibility of the pilot-incommand to initiate the request to taxi to the ramp, gate or alternate deplaning area so as to allow sufficient time to comply with the Three Hour Tarmac Rule The expectation that only the pilot-in-command will communicate with local ATC personnel regarding tarmac delay related issues. Dispatchers and AOC representatives should direct their tarmac delay related inquiries and requests to the ATCSCC.

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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QUESTIONS?

Three-Hour Tarmac Rule March 16, 2010

Federal Aviation Administration

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