Regulatory Alert: DOT Reminds Airports to Submit Updated Tarmac Delay Contingency Plans
May 17, 2022
The U.S. Department of Transportation (DOT) issued a notice on May 17 to remind commercial service airports to submit an updated “Tarmac Delay Contingency Plan,“ which outlines how the airport will respond and support aircraft and passengers in the event of excessive tarmac delays. Large, medium, small, and non-hub airports are required by federal statute to submit an updated plan every five years to DOT for review and approval. Plans were originally developed in 2012 and last updated and submitted by airports in May 2017. In the notice released today, DOT informed the industry that the department would be accepting updated plans for this cycle beginning on May 31 and no later than June 24, 2022. 
AAAE encourages commercial service airports to review DOT's notice here, which provides details on how to comply with the requirement and submit the updated plan. A few highlights for your quick review: 
• What does the “Tarmac Delay Contingency Plan“ have to include? The plan must describe how the airport will, to the maximum extent practicable and following excessive tarmac delays, (1) provide for the deplanement of passengers; (2) provide for the sharing of facilities and make gates available at the airport in an emergency; and (3) provide a sterile area for passengers who have not yet cleared U.S. Customs and Border Protection. 
• What if our airport already submitted a plan to DOT? The federal statute requires airports to update and submit their plans every five years to DOT for review and approval. Airports can begin submitting updated plans for this cycle beginning on May 31 but no later than June 24, 2022. If your airport submitted a plan after May 2017 but before May 31, 2022, your airport must resubmit the plan for approval. 
• What should airports consider changing in their plan? Airports should review their plans to ensure it remains relevant and consistent in light of physical, operational, and staffing changes at the airport and among the airport's tenants and stakeholders. It is especially important to update contact information for the person who is responsible for the plan if that has changed. 
• What if our airport does not have any changes? According to DOT's notice, airports are advised to resubmit the same plan from 2017 if the airport does not have any updates. 
• Does DOT have a sample of an approved plan or a template available that can be used to help airports fulfill the requirement? AAAE has worked with ACI-NA and DOT to update the “template“ that was circulated in 2012 and 2017 to help airports develop or update their own contingency plans. You can find the template here. 
• How does an airport submit a plan for review and approval? Airports are encouraged to review DOT's notice, which provides detailed instructions how to submit the plan online at filingtarmacdelayplan.dot.gov. 
• After the airport submits a plan for review, what happens next? After submitting the plan, DOT has 60 days to review and approve a plan or, if necessary, require modifications to the updated plan. If DOT does not approve or require modifications to an updated plan within 60 days, the plan is deemed approved. 
The U.S. Department of Transportation (DOT) issued a notice on May 17 to remind commercial service airports to submit an updated “Tarmac Delay Contingency Plan,“ which outlines how the airport will respond and support aircraft and passengers in the event of excessive tarmac delays. Large, medium, small, and non-hub airports are required by federal statute to submit an updated plan every five years to DOT for review and approval. Plans were originally developed in 2012 and last updated and submitted by airports in May 2017. In the notice released today, DOT informed the industry that the department would be accepting updated plans for this cycle beginning on May 31 and no later than June 24, 2022. 
AAAE encourages commercial service airports to review DOT's notice here, which provides details on how to comply with the requirement and submit the updated plan. A few highlights for your quick review: 
• What does the “Tarmac Delay Contingency Plan“ have to include? The plan must describe how the airport will, to the maximum extent practicable and following excessive tarmac delays, (1) provide for the deplanement of passengers; (2) provide for the sharing of facilities and make gates available at the airport in an emergency; and (3) provide a sterile area for passengers who have not yet cleared U.S. Customs and Border Protection. 
• What if our airport already submitted a plan to DOT? The federal statute requires airports to update and submit their plans every five years to DOT for review and approval. Airports can begin submitting updated plans for this cycle beginning on May 31 but no later than June 24, 2022. If your airport submitted a plan after May 2017 but before May 31, 2022, your airport must resubmit the plan for approval. 
• What should airports consider changing in their plan? Airports should review their plans to ensure it remains relevant and consistent in light of physical, operational, and staffing changes at the airport and among the airport's tenants and stakeholders. It is especially important to update contact information for the person who is responsible for the plan if that has changed. 
• What if our airport does not have any changes? According to DOT's notice, airports are advised to resubmit the same plan from 2017 if the airport does not have any updates. 
• Does DOT have a sample of an approved plan or a template available that can be used to help airports fulfill the requirement? AAAE has worked with ACI-NA and DOT to update the “template“ that was circulated in 2012 and 2017 to help airports develop or update their own contingency plans. You can find the template here. 
• How does an airport submit a plan for review and approval? Airports are encouraged to review DOT's notice, which provides detailed instructions how to submit the plan online at filingtarmacdelayplan.dot.gov. 
• After the airport submits a plan for review, what happens next? After submitting the plan, DOT has 60 days to review and approve a plan or, if necessary, require modifications to the updated plan. If DOT does not approve or require modifications to an updated plan within 60 days, the plan is deemed approved. 
