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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
7 Wheels-off time actual in local time.
8 Wheels-on time actual in local time.
9 Gate arrival time actual in local time.
10 Aircraft tail number.
11 Total ground time away from gate for all gate return/fly return at origin airports including cancelled flights.
12 Longest time away from gate for gate return or canceled flight.
13 Three letter code of airport where flight diverted.
14 Wheels-on time at diverted airport.
15 Total time away from gate at diverted airport.
16 Longest time away from gate at diverted airport.
17 Wheels-off time at diverted airport.
b Covered carriers that experience an excessive tarmac delay at a U.S.
airport and are filing a form under this section must also report the length of the excessive tarmac delay to the Office of Airline Information of the Departments Bureau of Transportation Statistics, if the length of the excessive tarmac delay experienced is not otherwise represented by the data points listed in paragraph a of this section e.g., the pilot sets the aircraft parking brake after arriving at the passenger unloading area, but passengers are not provided an opportunity to deplane at that time.
c The same information required by paragraphs a13 through 17 of this section must be provided for each subsequent diverted airport landing.
PART 259ENHANCED
PROTECTIONS FOR AIRLINE
PASSENGERS
5. The authority citation for part 259
is revised to read as follows:

Authority: 49 U.S.C. 40101a4, 40101a9, 40113a, 41702, 41708, 41712, and 42301.

6. Revise 259.2 to read as follows:

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259.2

Applicability.

This part applies to all the flights of a certificated or commuter air carrier if the carrier operates scheduled passenger service or public charter service using any aircraft originally designed to have a passenger capacity of 30 or more seats, and to all flights to and from the U.S.
of a foreign air carrier if the carrier operates scheduled passenger service or public charter service to and from the U.S. using any aircraft originally designed to have a passenger capacity of 30 or more seats, except as otherwise provided in this part. This part does not
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apply to foreign air carrier charters that operate to and from the United States if no new passengers are picked up in the United States. Section 259.4 does not apply to a flight that diverts to the United States when the flight is operated by a foreign air carrier and scheduled to operate between two foreign points.
7. Amend 259.3 by adding definitions for Main aircraft door and Suitable disembarkation point in alphabetical order and revising the definition of Tarmac delay to read as follows:
259.3

Definitions.

Main aircraft door means the door used for boarding. In situations in which there are multiple doors that can be used for boarding, the last door closed is the main aircraft door.

Suitable disembarkation point means a location at an airport where passengers can deplane from an aircraft.
Tarmac delay means the period of time when an aircraft is on the ground with passengers and the passengers have no opportunity to deplane.
8. Revise 259.4 to read as follows:
259.4 Contingency Plan for Lengthy Tarmac Delays.

a Adoption of plan. Each covered carrier, as defined by 259.3, shall adopt a Contingency Plan for Lengthy Tarmac Delays for its scheduled and public charter flights at each U.S. large hub airport, medium hub airport, small hub airport, and non-hub airport at which it operates or markets such air service, except as specified in 259.2, and shall adhere to its plans terms.
b Contents of plan. Each Contingency Plan for Lengthy Tarmac Delays shall include, at a minimum, assurances that the covered carrier shall comply with the requirements set forth in paragraph c of this section.
c Requirements. Covered carriers must comply with the following requirements:
1 For all domestic flights, each covered U.S. air carrier shall provide a passenger on a flight experiencing a tarmac delay at a U.S. airport the opportunity to deplane before the tarmac delay exceeds three hours in duration, subject to the exceptions in paragraph c3 of this section;
2 For all international flights, each covered carrier shall provide a passenger on a flight experiencing a tarmac delay at a U.S. airport the opportunity to deplane before the tarmac delay exceeds four hours in
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duration, subject to the exceptions in paragraph c3 of this section;
3 A covered U.S. carrier that experiences a tarmac delay at a U.S.
airport must comply with paragraphs c1 and 2 of this section, and a covered foreign air carrier must comply with paragraph c2 of this section, unless:
i For departing flights, 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 carriers 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 aircrafts operations. If the aircraft is in an area that is under the carriers control, the aircraft has begun to return to a suitable disembarkation point when the pilot begins maneuvering the aircraft to a suitable disembarkation point;
ii The pilot-in-command determines that deplaning passengers at a suitable 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 iii Air traffic control advises the pilot-in-command that returning to a suitable disembarkation point to deplane passengers would significantly disrupt airport operations;
4 For all flights during a tarmac delay, each covered carrier must 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;
5 For all flights, each covered carrier must ensure operable lavatory facilities, as well as adequate medical attention if needed, during a tarmac delay;
6 For all flights, each covered carrier must notify the passengers on board the aircraft during a tarmac delay regarding the status of the delay when the tarmac delay exceeds 30 minutes, and thereafter each covered carrier may provide subsequent updates, including flight status changes, as the carrier deems appropriate;
7 For all departing flights and diversions, each time the opportunity to deplane exists at a suitable disembarkation point, each covered carrier must timely notify the passengers on board the aircraft that the
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