DOT PUBLISHES NOTICE OF PROPOSED RULEMAKING REGARDING TARMAC DELAY RULE – PUBLIC COMMENTS DUE DECEMBER 24, 2019

November 4, 2019

On October 25, 2019, the U.S. Department of Transportation (DOT or Department) published in the Federal Register a notice of proposed rulemaking (NPRM) to amend the Tarmac Delay Rule and related reporting requirements (14 CFR Parts 244 and 259). The NPRM is available here: https://www.federalregister.gov/documents/2019/10/25/2019-22973/tarmac-delay-rule.

This rulemaking would modify U.S. and foreign air carrier obligations with respect to a number of tarmac delay-related topics, including departure delays (specifically, how the duration of a delay is calculated before and after an aircraft has left the gate), tarmac delay reporting requirements for U.S. and foreign air carriers (and the potential elimination of rules requiring carriers to report delays on international flights of more than three, but less than four, hours), record retention requirements, required reporting of excessive tarmac delays by foreign air carriers, clarification of the current safety and security exceptions, and the elimination or modification of other carrier obligations during a tarmac delay (food/water service and required announcements). 

DOT is seeking public comments on the NPRM, which gives carriers an important opportunity to voice their opinions and concerns about the proposed regulatory changes.  Please contact us if you would like more information on DOT’s proposals, or assistance in drafting public comments to the NPRM (Note: comments are due by December 24, 2019).

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member-in-Charge - Washington, D.C.

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