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Federal AviationAdministration

Three-Hour Tarmac RuleMarch 16, 2010

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Presented to: New York Customer Forum

By: Gregory J. Dunne

Date: April 7, 2010

Federal Aviation

AdministrationThree-Hour TarmacRule

Enhancing AirlinePassenger Protections

14 CFR Part 259Effective: April 29, 2010

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3

2009 Three Hour Delays1 JFK 169

2 PHL 66

3 IAD 57

4 ATL 37

5 LGA 35 (204)

6 ORD 24

7 EWR 23 (227)

8 CLT 23

9 BOS 18

10 DFW 17

11 DCA 15

12 MSP 11

13 BWI 1014 CVG 10

515 (44%)

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4

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 lessthan 1%, of total US enplanements

Applicability

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5

FAA Office of Airports Designated

Medium and Large HubsLarge Hubs (28): Medium Hubs (41):

ATL LAX ABQ IND PBI

BWI LGA ANC JAX PITCLT MIA AUS OGG PVDDEN MDW BDL MCI RDUDCA MSP BNA MCO RNODFW ORD BOS MEM RSW

DTW PDX BUF IND SATEWR PHL BUR MHT SDFFLL PHX CVG MKE SJCHNL SAN CLE MSY SJU

IAD SEA CMH OAK SMFIAH SFO DAL OMA SNAJFK SLC HOU ONT STLLAS TPA ORF TUS

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Applicability (Continued)

Certificated or Commuter Air Carrier with Aircrafthaving 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 aircarriers contingency plan

Foreign Carriers are Exempt from This Rule

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Requirements Aircraft Must Depart or the Opportunity Provided

for Passengers to Deplane on the Ramp, at a Gateor an Established Alternate Deplaning Area No

Later Than Three Hours After Cabin Door ClosureUnless:

The pilot-in-command determines there is a safetyrelated or security related reason why the aircraft

cannot leave its position on the tarmac to deplanepassengers; or

Air traffic control advises the pilot-in-command thatreturning to the gate or another disembarkation point

elsewhere in order to deplane passengers wouldsignificantly disrupt airport operations.

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Requirements (continued)

Pilot-In-Command MUST Request Taxi Clearance tothe 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 fordepartures

No later than two hours after touch down for arrivals

Operable Lavatory Facilities Must be AvailableWhile the Aircraft Remains on the Tarmac

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Requirements (Continued) Each Applicable Air Carrier Must Develop a

Contingency Plan with the Airport Operator

It is recommended that representatives from thelocal air traffic terminal facility participate in thecoordination of that portion of the contingency planthat applies to airfield operations, such as:

Identifying impact mitigation strategies whenthere is the potential to for tarmac delays to reachthree hours

Designating alternate deplaning areas

Servicing of aircraft in the queue on themovement area

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Requirements (Continued)

Each Applicable Air Carrier Shall Develop aCustomer Service Plan Which Must: Address meeting customers essential needs during

lengthy tarmac delays Address properly accommodating passengers with

disabilities and other special needs during tarmacdelays

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 14CFR Part 259.5 that are general in nature and apply to covered carriers)

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Federal AviationAdministrationThree-Hour Tarmac RuleMarch 16, 2010

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Penalty for Non-Compliance

Failure to Comply with the Provisions of this Ruleis Considered an Unfair and Deceptive Practice thatis Subject to Enforcement by the Department ofTransportation

Fines of up to $27,500.00 per Passenger May beLevied Against the Air Carrier for Violations of thisRule

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Federal AviationAdministrationThree-Hour Tarmac RuleMarch 16, 2010

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FAA Implementation Tarmac Work Group Comprised of Representatives from:

Enroute and Oceanic - System OperationsOperations (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 and8020.11, and the Airmans Information Manual Forward draft recommendations to the Steering Committee

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Three-Hour Tarmac Rule

March 16, 2010

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Working GroupGreg Dunne (Lead) I90 TMO

Jim Burgen SCT TMO

David Dodd Terminal Procedures

Paul Litke ORD Staff ManagerLindsay Adrain Terminal Training

Margaret Hartman ATCSCC

Michael DeMonte ZDC

Virginia Smith ZDCGary Wiggins SUPCOM

Bob Clyburn SUPCOM

Greg Callahan NATCA

Thomas VanMeter ZDCMark G Miller ZDC

Greta Ballard Technical Training

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Steering Group

Michael McCormick TerminalBrian Rushforth Planning and Performance

Rebecca MacPherson Office of General Counsel

Carol Might Litigation

Dean Torgenson Litigation

Elizabeth Ray Airspace and AIM

Edie Parish Rulemaking

Ellen King System Operations

Gerry Shakley System Operations

Keith Harrison NATCAGreta Ballard Technical Training

Ken Myers Enroute and Oceanic

Kerryaine Yarber Litigation

Kip Spurio Terminal Planning

Marshall Mowery Surface CDM

Tony Mello Terminal Operations

David Dodd Terminal Procedures

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March 16, 2010

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THREE HOUR TARMAC RULENOTICE N JO 7210.745(Changes to Order JO 7210.3, Facility Operations and Administration)

Requires the development and implementation oftarmac 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

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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 disruptionof 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 inarrival/departure delays of 15 minutes or more

Result in placing other aircraft in jeopardy of violating the ThreeHour Rule

Displace departure aircraft already in a reportable delay statusand result in delays in excess of an additional 15 minutes or more

Result in a diversion or the airborne holding of three or moreaircraft.

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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 aterminal facility is in a tarmac delay situation (a request to taxito the ramp, gate or alternate deplaning area as a result of theThree Hour Rule has been received)

Terminal facility verbally to overlying facility TRACON verbally to ARTCC TMU ARTCC TMU verbally to ATCSCC

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THREE HOUR TARMAC RULENOTICE N JO 7210.745 (Continued)

(Changes to Order 7210.3, Facility Operations and Administration)

Identifies the requirement to notify the WashingtonOperations Center (WOC) through the Regional OperationsCenter (ROC) when facility personnel become aware that anaircraft 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 disruptionof airport operations or a compromise of safety or security wouldresult

Document that taxi request as a QAR on FAA Form 7230-4, noting thetime of the request

Retain all available records pertinent to that event, to include flight

plan data, voice recordings, data recordings and facility logs for oneyear, when notified that an aircraft has exceeded the Three HourTarmac Rule

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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 asattachment 4 of Order JO 7210.3.

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THREE HOUR TARMAC RULENOTICE 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 ThreeHour Tarmac Rule. Specifically, this paragraph requires that:

A request by the pilot-in-command to return to the ramp, gate oralternate deplaning area due to the Three Hour Tarmac Rule beaccommodated as soon as operationally practical

Phraseology-

(Identification) TAXI TO (ramp, gate or alternate deplaningarea) VIA (route).

or

(Identification) EXPECT A (number) MINUTE DELAY DUETO (ground and/or landing and/or departing) TRAFFIC.

.

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(Changes to Order 7110.65, Air Traffic Control)

(this paragraph requires that (continued))

The pilot-in-command be advised that the requestedservice cannot be accommodated because it would

create a significant disruption to airport operations

Phraseology

(Identification ) UNABLE DUE TO OPERATIONALDISRUPTION

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NOTICE N JO 7110.65.524 (Continued)(Changes to Order JO 7110.65, Air Traffic Control)

Adds the following definitions to the Pilot/ControllerGlossary:

TARMAC DELAY The holding of an aircraft on the ground eitherbefore departure or after landing with no opportunity for its

passengers to deplane.

TARMAC DELAY AIRCRAFT An aircraft whose pilot-in-command has requested to taxi to the ramp, gate or alternatedeplaning area to comply with the Three Hour Tarmac Rule.

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THREE HOUR TARMAC RULENOTICE N 7110.524 (Continued)


(Pilot/Controller Glossary (continued))

TARMAC DELAY REQUEST A request by the pilot-in-command to taxi to the ramp, gate or alternate deplaning area tocomply with the Three Hour Tarmac Rule.

THREE HOUR TARMAC RULE The rule that relates toDepartment of Transportation (DOT) requirements placed onairlines when tarmac delays are anticipated to reach 3 hours.

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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 aMiscellaneous Incident, to be handled as such in accordancewith 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 notlimited to, the following records:

Flight progress strip and/or flight plan data, including delayinformation to the aircraft via pre-departure clearance (PDC)

message.

Record of conversation pertaining to telephone discussions orother forms of communication regarding the event.

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TARMAC DELAY DATA RETENTIONNOTICE N JO 8020.186 (Continued)

(Changes to Order JO 8020.16, Aircraft Accident and IncidentNotification, Investigation and Reporting)

(Incident file contents (continued))

Audio files from 5 minutes before initial contact or first PDCmessage 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).

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Completed FAA Form 8020-26, Personnel Statement, from

each facility involved.

The reporting facility must request supportingdocumentation from the other facilities involved (i.e.

overlying facility, ATCSCC, adjacent facility, etc).

The reporting facility must forward copies of supportingdocumentation and file the original copies under thereporting facilitys file number.

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TARMAC DELAY DATA RETENTIONNOTICE N JO 8020.186 (Continued)

(Changes to Order JO 8020.16, Aircraft Accident and Incident Notification,Investigation and Reporting)


Position logs for the period contained in the audio files.

The file must be labeled as Three Hour Tarmac RuleIncident and include the following:

+ The aircraft call sign.

+ The date and UTC time when the aircraft exceededthe Three Hour Tarmac Rule.

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

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Additional Publication ChangesAeronautical 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


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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 tohear from ATC when replying to his/her Three Hour TarmacRule related taxi request, which is:

(Identification) TAXI TO (ramp, gate or alternatedeplaning area) VIA (route). or

(Identification) EXPECT A (number) MINUTE DELAYDUE TO (ground and/or landing and/or departing)TRAFFIC. or

(Identification) UNABLE DUE TO OPERATIONALDISRUPTION.

The recommendation that air carrier representatives andairport operators include representatives from the localterminal facility when developing their contingency plans.

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ADVISORY CIRCULAR NUMBER 93-3(SUBJECT: LENGTHY TARMAC DELAYS(Continued))(addresses: (continued))

The requirement for the pilot-in-command to specifically statewhen a taxi request is made for the purpose of complying withthe Three Hour Tarmac Delay Rule.

The requirement that it is the responsibility of the pilot-in-command to initiate the request to taxi to the ramp, gate or

alternate deplaning area so as to allow sufficient time tocomply with the Three Hour Tarmac Rule

The expectation that only the pilot-in-command willcommunicate with local ATC personnel regarding tarmacdelay related issues. Dispatchers and AOC representativesshould direct their tarmac delay related inquiries and requeststo the ATCSCC.

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QUESTIONS?

Documents

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