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Air Consumer

Notice of Proposed Rulemaking Federal Register Version

The Department of Transportation is proposing to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation. The Department is taking this action because of the increased promotion of electronic cigarettes and the potential health and passenger comfort concerns that they pose in an aircraft. The Department is also considering whether to extend the ban on smoking (including electronic cigarettes) to charter flights of air carriers (i.e. U.S. carriers) and foreign air carriers with aircraft that have a designed seating capacity of 19 or more passenger seats.

DOT Policy on E-Cigarettes

Excerpted from answers to Questions for the Record provided by Susan Kurland, Assistant Secretary for Aviation and International Affairs, U.S. Department of Transportation, following a June 17, 2010, hearing before the Senate Committee on Commerce, Science and Transportation

Development of Contingency Plans for Lengthy On-Board Ground Delays

The U.S. Department of Transportation’s (DOT) Office of Inspector General (OIG) recommended that the Secretary of Transportation establish a national task force of airlines, airports, and the Federal Aviation Administration (FAA) to coordinate and develop contingency plans to deal with lengthy ground delays, such as working with airlines and airports to share facilities and make gates available in an emergency. To
implement this recommendation, on January 3, 2008, the Secretary of Transportation, consistent with the requirements of the Federal Advisory Committee Act, established the National Task Force to Develop Model Contingency Plans to Deal with Lengthy On-Board Ground Delays (Task Force).

P.L. 112-95: Filing tarmac delay contingency plans with DOT February 24, 2012 DOT implementing notice

The FAA Modernization and Reform Act of 2012 requires covered U.S. carriers
and U.S. airports to submit to the Secretary of Transportation for review and approval tarmac
delay contingency plans on or before May 14, 2012. The U.S. Department of Transportation’s
Office of Aviation Enforcement and Proceedings (Enforcement Office) will be establishing an
electronic submission system to enable covered airlines and airports to submit the required plans
through the World Wide Web. The Enforcement Office plans to issue another notice within 45
days that will provide information on how covered carriers and airports can submit these
required plans. Submissions of the plans should not be made prior to that date to ensure proper
review and recording.

Notice of Department of Transportation Requirements Regarding Flights to College Bowl Games and other Special Events

This notice is to provide guidance to colleges and other organizations wishing to arrange charter flights, including flights to football bowl games, NCAA basketball playoff games, or other special events. The notice is also intended to provide information regarding the economic licensing and operational certification of air carriers by the U.S. Department of Transportation (DOT).

It is important that colleges and other entities are fully aware of this information since they often charter aircraft to travel to events and we wish to avoid instances of organizations (1) contracting with entities that hold no DOT economic authority; (2) unknowingly chartering aircraft from entities that are not subject to the most stringent safety standards and oversight of the Federal Aviation Administration (FAA), a DOT operating administration; or (3) reselling seats on a charter flight without their first having obtained proper authority to do so.

The Role Of Air Charters Brokers In Arranging Air Transportation

The purpose of this notice is to provide guidance regarding the lawful role of air charter brokers (i.e., entities, including persons, that link prospective charter customers with direct air carriers) in the provision of air transportation.1 This guidance will be used by the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings (Enforcement Office) in its compliance and enforcement activities associated with 49 U.S.C. §§ 41101 and 41301, which establish the certificate and permit requirements for U.S. and foreign air carriers, respectively, and 49 U.S.C. § 41712, which prohibits unfair and deceptive practices.

Haiti Emergency exemption under 49 U.S.C. § 40109 from the provisions of 49 U.S.C. § 41101

By this order, we are extending for an additional 30 days the emergency exemption authority from the provisions of 49 U.S.C. § 41101 granted to carriers with authority under 14 CFR Part 125 in connection with Haiti relief efforts. That exemption, first granted by Order 2010-1-10, issued January 14, 2010, will expire on February 14, 2010. This 30-day extension of that emergency exemption will allow those carriers to continue to provide assistance in the carriage of freight and people affected by the January 12, 2010, Haiti earthquake, and the transport into the affected areas of relief personnel and supplies.

Haiti Emergency exemption pursuant to 49 U.S.C. § 40109 from the provisions of 49 U.S.C. § 41101 (indirect air transportation)

By this order, we extend for an additional 30 days the emergency exemption from 49 U.S.C. § 41101 and applicable Department regulations to the extent necessary to permit, on behalf of U.S. Government charterers engaged in Haiti earthquake relief operations, indirect air transportation by GSA-approved air charter brokers, including those currently approved under General Services Administration (GSA) Special Item Number (SIN) 599-5, Air Charter Services-Brokers (hereinafter the “Broker Schedule”).1 That exemption, first granted by Order 2010-1-9 (Jan. 14, 2010) will expire on February 14, 2010.