- § 42301. Emergency contingency plans
- § 42302. Consumer complaints
- § 42303. Use of insecticides in passenger aircraft
- § 42304. Widespread disruptions
- § 42305. Refunds for cancelled or significantly delayed or changed flights
- § 42306. Know Your Rights posters
- § 42307. Requirement to maintain a live customer chat or monitored text messaging number
- § 42308. DOT airline customer service dashboards
§ 42301. Emergency contingency plans
(a)Submission of Air Carrier and Airport Plans.—Not later than 90 days after the date of enactment of this section, each of the following air carriers and airport operators shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section:
(1) An air carrier providing covered air transportation at a commercial airport.
(2) An operator of a commercial airport.
(3) An operator of an airport used by an air carrier described in paragraph (1) for diversions.
(b)Air Carrier Plans.—
(1)Plans for individual airports.—An air carrier shall submit an emergency contingency plan under subsection (a) for—
(A) each airport at which the carrier provides covered air transportation; and
(B) each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control.
(2)Contents.—An emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the carrier will—
(A) provide adequate food, potable water, restroom facilities, comfortable cabin temperatures, and access to medical treatment for passengers onboard an aircraft at the airport when the departure of a flight is delayed or the disembarkation of passengers is delayed;
(B) share facilities and make gates available at the airport in an emergency; and
(C) allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3).
(3)Deplaning following an excessive tarmac delay.—For purposes of paragraph (2)(C), an emergency contingency plan submitted by an air carrier under subsection (a) shall incorporate the following requirements:
(A) A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay.
(B) The option described in subparagraph (A) shall be offered to a passenger even if a flight in covered air transportation is diverted to a commercial airport other than the originally scheduled airport.
(C) In providing the option described in subparagraph (A), the air carrier shall begin to return the aircraft to a suitable disembarkation point—
(i) in the case of a flight in interstate air transportation, not later than 3 hours after the main aircraft door is closed in preparation for departure; and
(ii) in the case of a flight in foreign air transportation, not later than 4 hours after the main aircraft door is closed in preparation for departure.
(D) Notwithstanding the requirements described in subparagraphs (A), (B), and (C), a passenger shall not have an option to deplane an aircraft and return to the airport terminal in the case of an excessive tarmac delay if—
(i) an air traffic controller with authority over the aircraft advises the pilot in command that permitting a passenger to deplane would significantly disrupt airport operations; or
(ii) the pilot in command determines that permitting a passenger to deplane would jeopardize passenger safety or security.
(c)Airport Plans.—An emergency contingency plan submitted by an airport operator under subsection (a) shall contain a description of how the operator, to the maximum extent practicable, will—
(1) provide for the deplanement of passengers following excessive tarmac delays;
(2) provide for the sharing of facilities and make gates available at the airport in an emergency; and
(3) provide a sterile area following excessive tarmac delays for passengers who have not yet cleared United States Customs and Border Protection.
(d)Updates.—
(1)Air carriers.—An air carrier shall update each emergency contingency plan submitted by the carrier under subsection (a) every 3 years and submit the update to the Secretary for review and approval.
(2)Airports.—An airport operator shall update each emergency contingency plan submitted by the operator under subsection (a) every 5 years and submit the update to the Secretary for review and approval.
(e)Approval.—
(1)In general.—Not later than 60 days after the date of the receipt of an emergency contingency plan submitted under subsection (a) or an update submitted under subsection (d), the Secretary shall review and approve or, if necessary, require modifications to the plan or update to ensure that the plan or update will effectively address emergencies and provide for the health and safety of passengers.
(2)Failure to approve or require modifications.—If the Secretary fails to approve or require modifications to a plan or update under paragraph (1) within the timeframe specified in that paragraph, the plan or update shall be deemed to be approved.
(3)Adherence required.—An air carrier or airport operator shall adhere to an emergency contingency plan of the carrier or operator approved under this section.
(f)Minimum Standards.—The Secretary shall establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.
(g)Public Access.—An air carrier or airport operator required to submit an emergency contingency plan under this section shall ensure public access to the plan after its approval under this section on the Internet Web site of the carrier or operator or by such other means as determined by the Secretary.
(h)Reports.—Not later than 30 days after any flight experiences an excessive tarmac delay, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Division of the Department of Transportation.
(i)Definitions.—In this section, the following definitions apply:
(1)Commercial airport.—The term “commercial airport” means a large hub, medium hub, small hub, or nonhub airport.
(2)Covered air transportation.—The term “covered air transportation” means scheduled or public charter passenger air transportation provided by an air carrier that operates an aircraft that as originally designed has a passenger capacity of 30 or more seats.
(3)Tarmac delay.—The term “tarmac delay” means the period during which passengers are on board an aircraft on the tarmac—
(A) awaiting takeoff after the aircraft doors have been closed or after passengers have been boarded if the passengers have not been advised they are free to deplane; or
(B) awaiting deplaning after the aircraft has landed.
(4)Excessive tarmac delay.—The term “excessive tarmac delay” means a tarmac delay of more than—
(A) 3 hours for a flight in interstate air transportation; or
(B) 4 hours for a flight in foreign air transportation.
(Added Pub. L. 112–95, title IV, § 415(a), Feb. 14, 2012, 126 Stat. 93; amended Pub. L. 114–190, title II, § 2308(a), (b), July 15, 2016, 130 Stat. 648.)
§ 42302. Consumer complaints
(a)In General.—The Secretary of Transportation shall—
(1) maintain an accessible website through the Office of Aviation Consumer Protection to accept the submission of complaints from airline passengers regarding air travel service problems; and
(2) take appropriate actions to notify the public of such accessible website.
(b)Notice to Passengers on the Internet.—An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include on the accessible website of the carrier—
(1) the accessible website, e-mail address, or telephone number of the air carrier for the submission of complaints by passengers about air travel service problems; and
(2) the accessible website maintained pursuant to subsection (a).
(c)Use of Additional or Alternative Technologies.—The Secretary shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies to—
(1) provide additional or alternative means for air passengers to submit complaints; and
(2) provide such additional or alternative means as the Secretary determines appropriate.
(d)Air Ambulance Providers.—Each air ambulance provider shall include the accessible website, or a link to such accessible website, maintained pursuant to subsection (a) and the contact information for the Aviation Consumer Advocate established by section 424 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) on—
(1) any invoice, bill, or other communication provided to a passenger or customer of such provider; and
(2) the accessible website and any related mobile device application of such provider.
(Added Pub. L. 112–95, title IV, § 415(a), Feb. 14, 2012, 126 Stat. 95; amended Pub. L. 115–254, div. B, title IV, §§ 405, 419(a), 423(a), Oct. 5, 2018, 132 Stat. 3329, 3336, 3337; Pub. L. 118–63, title V, § 520, May 16, 2024, 138 Stat. 1200.)
§ 42303. Use of insecticides in passenger aircraft
(a)Information To Be Provided on the Internet.—The Secretary of Transportation shall establish, and make available to the general public, an Internet Web site that contains a listing of countries that may require an air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to a flight in foreign air transportation to that country or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers.
(b)Required Disclosures.—An air carrier, foreign air carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a country listed on the internet website established under subsection (a) shall—
(1) disclose, on its own internet website or through other means, that the destination country may require the air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to the flight or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers; and
(2) refer the purchaser of the ticket to the internet website established under subsection (a) for additional information.
(Added Pub. L. 112–95, title IV, § 415(a), Feb. 14, 2012, 126 Stat. 95; amended Pub. L. 115–254, div. B, title IV, § 404, Oct. 5, 2018, 132 Stat. 3329.)
§ 42304. Widespread disruptions
(a)General Requirements.—In the event of a widespread disruption, a covered air carrier shall immediately publish, via a prominent link on the air carrier’s public internet website, a clear statement indicating whether, with respect to a passenger of the air carrier whose travel is interrupted as a result of the widespread disruption, the air carrier will—
(1) provide for hotel accommodations;
(2) arrange for ground transportation;
(3) provide meal vouchers;
(4) arrange for air transportation on another air carrier or foreign air carrier to the passenger’s destination; and
(5) provide for sleeping facilities inside the airport terminal.
(b)Definitions.—In this section, the following definitions apply:
(1)Widespread disruption.—The term “widespread disruption” means, with respect to a covered air carrier, the interruption of all or the overwhelming majority of the air carrier’s systemwide flight operations, including flight delays and cancellations, as the result of the failure of 1 or more computer systems or computer networks of the air carrier.
(2)Covered air carrier.—The term “covered air carrier” means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.
(c)Savings Provision.—Nothing in this section may be construed to modify, abridge, or repeal any obligation of an air carrier under section 42301.
(Added Pub. L. 115–254, div. B, title IV, § 428(a), Oct. 5, 2018, 132 Stat. 3341.)
§ 42305. Refunds for cancelled or significantly delayed or changed flights
(a)In General.—In the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request as set forth in subsection (f), provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to—
(1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or
(2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c).
(b)Timing of Refund.—Any refund required under subsection (a) shall be issued by the air carrier or foreign air carrier—
(1) in the case of a ticket purchased with a credit card, not later than 7 business days after the earliest date the refund was requested as set forth in subsection (f); or
(2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the earliest date the refund was requested as set forth in subsection (f).
(c)Alternative to Refund.—An air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an explicit alternative to providing a refund required by subsection (a) but only if—
(1) the offer includes a clear and conspicuous notice of—
(A) the terms of the offer; and
(B) the passenger’s right to a full refund under this section;
(2) the voucher, credit, or other form of compensation offered explicitly as an alternative to providing a refund required by subsection (a) remains valid and redeemable by the consumer for a period of at least 5 years from the date on which such voucher, credit, or other form of compensation is issued;
(3) upon the issuance of such voucher, credit, or other form of compensation, an air carrier, foreign air carrier, or ticket agent, where applicable, notifies the recipient of the expiration date of the voucher, credit, or other form of compensation; and
(4) upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), an air carrier, foreign air carrier, or ticket agent provides a notification under paragraph (3) in an electronic format that is accessible to the recipient.
(d)Significantly Delayed or Changed Flight Defined.—In this section, the term “significantly delayed or changed flight” includes, at a minimum, a flight where the passenger arrives at a destination airport—
(1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and
(2) in the case of an international flight, 6 or more hours after the original scheduled arrival time.
(e)Application to Ticket Agents.—
(1)In general.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.
(2)Transfer of funds.—The Secretary shall issue regulations requiring air carriers and foreign air carriers to promptly transfer funds to a ticket agent if—
(A) the Secretary has determined that the ticket agent is responsible for providing the refund; and
(B) the ticket agent does not possess the funds of the passenger.
(3)Timing and alternatives.—A refund provided by a ticket agent shall comply with the requirements in subsections (b) and (c) of this section.
(f)Refund.—An air carrier and a foreign air carrier shall consider a passenger to have requested a refund if—
(1) a flight is cancelled and a passenger is not offered an alternative flight or any voucher, credit, or other form of compensation by the air carrier or foreign air carrier pursuant to subsection (c);
(2) a passenger rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c); or
(3) a passenger does not respond to an offer of—
(A) a significantly delayed or changed flight or an alternative flight and the flight departs without the passenger; or
(B) a voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs.
(g)Refund Notification.—An air carrier and a foreign air carrier shall update their passenger notification systems to ensure passengers owed a refund under this section are notified of their right to receive a refund.
(Added Pub. L. 118–63, title V, § 503(a), May 16, 2024, 138 Stat. 1188.)
§ 42306. Know Your Rights posters
(a)In General.—Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum—
(1) flight delays and cancellations;
(2) refunds;
(3) bumping of passengers from flights and the oversale of flights; and
(4) lost, delayed, or damaged baggage.
(b)Location.—Posters described in subsection (a) shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.
(c)Accessibility Assistance.—Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall ensure that passengers with a disability (as such term is defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as having such a disability are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.
(Added Pub. L. 118–63, title V, § 504(a), May 16, 2024, 138 Stat. 1190.)
§ 42307. Requirement to maintain a live customer chat or monitored text messaging number
(a)Requirement.—
(1)In general.—A covered air carrier that operates a domestic or international flight to, from, or within the United States shall maintain—
(A) a customer service telephone line staffed by live agents;
(B) a customer chat option that allows for customers to speak to a live agent within a reasonable time, to the greatest extent practicable; or
(C) a monitored text messaging number that enables customers to communicate and speak with a live agent directly.
(2)Provision of services.—The services required under paragraph (1) shall be provided to customers without charge for the use of such services, and shall be available at all times.
(b)Rulemaking Authority.—The Secretary shall promulgate such rules as may be necessary to carry out this section.
(c)Covered Air Carrier Defined.—In this section, the term “covered air carrier” means an air carrier that sells tickets for scheduled passenger air transportation on an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.
(d)Effective Date.—Beginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (a) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.
(Added Pub. L. 118–63, title V, § 505(b)(1), May 16, 2024, 138 Stat. 1191.)
§ 42308. DOT airline customer service dashboards
(a)Requirement To Establish and Maintain Publicly Available Dashboards.—The Secretary of Transportation shall establish, maintain, and make publicly available the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as such term is defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law:
(1)Delay and cancellation dashboard.—A dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier.
(2)Explanation of circumstances.—The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center) consistent with section 234.4 of title 14, Code of Federal Regulations.
(3)Family seating dashboard.—A dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees.
(4)Seat size dashboard.—A dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier.
(5)Family seating sunset.—The requirement in subsection (a)(3) shall cease to be effective on the date on which the rule in section 516 of the FAA Reauthorization Act of 2024 is effective.
(b)Accessibility Requirement.—In developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, any other relevant department or agency to determine appropriate accessibility standards, and disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities.
(c)Limitation on Dashboards.—After the rule required in section 516 of the FAA Reauthorization Act of 2024 is effective, the Secretary may not establish or maintain more than 4 different customer service dashboards at any given time.
(d)Provision of Information.—Each large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.
(e)Sunset.—This section shall cease to be effective on October 1, 2028.
(Added Pub. L. 118–63, title V, § 506(a)(1), May 16, 2024, 138 Stat. 1192.)