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23 Air & Space Law. 1 (2010-2011)

handle is hein.journals/airspaclaw23 and id is 1 raw text is: AIR LA AMERICAN BAR ASSOCIATION THE & SPACE Y B R VOLUME 23, NUMBER 1, 2010 DOT's New Deplaning Rule: A Recipe for Consumer Disruption, Not Protection By David A. Berg T he U.S. Department of Transportation (DOT) recently adopted new regulations requiring U.S. airlines to comply with a series of mea- sures intended to protect consumers in the event of an extended tarmac delay. This article contends that these regulations, although well intentioned, are likely to result in more frequent flight cancella- tions and greater disruption and delay for passengers without providing adequate countervailing benefits. This article first reviews the events that led DOT to promulgate the new regulations, describes DOT's various proposals (and objections thereto) during the rulemaking process, and concludes that the new regu- lations not only are unnecessary, but actually increase the likelihood that passengers will face flight delays, cancellations, and inconvenience. Triggering events In January 1999, a massive snowstorm that hit the Detroit, Michigan, area led to Northwest Airlines air- planes being physically stranded on the airfield for up to 812 hours, affecting hundreds of passengers. The resulting public reaction and congressional interest led the major passenger carriers at the time to agree volun- tarily to an industry Customer Service Commitment.' In the Customer Service Commitment, the airlines agreed to meet customers' essential needs during long on- board delays by making every reasonable effort to pro- vide food, water, restroom facilities, and access to med- ical treatment, consistent with passenger and employee safety and security. The airlines agreed to develop contingency plans and to work with airports and other airlines in emergency situations. The Customer Service Commitment also called for each airline to adopt its own Customer Service Plan to implement the industry Customer Service Commitment. continued on page 18 Forum on Air Airport Privatization After Midway T By David I Bennett P i u fAt omne\thitp ( publiuste atpitts nt the Ion itt d wtk is ensittpd by Ia and ik ((,In mo ot r gt nt Ih a uLtiolpttl - ti nu a ia atluits mintl ited Stte are alix tedtitd progrme ti ithnatandings atatn thedwroughat l~atti( itttion i airport ownersip) and Op)(titli ill Inmost thert palts (4 thlt vkLk, titrport pinixtilaItion inl thlis oun(It hal's h1ad( little ap1 11tiL X 196 Itdit r.a inuentntes to puc arport operators has resulted Il onlh (ni ptriate ,takeolt'i o a 0(11111tiidl aipltott, i 2000 ( [hat ai1port Stiart Internatiold Airport iIl NewbighNt xx or kverte to publ~i( xnsi int !00) MuA l tlt I 't pm i a It p In a - Sold ittas to thet Port Atitioiit of Nrxx vXomk anid Newk Jerset \It ot tisi atppr ared likel1, tt rhanttge ht giningu inl [eItt lilher !006 xxi hen t th it~ Ck ago fIilet aIt - liIltiin al application fo)r the pri tiattion of 11idwax Airtport inthe t (It rt[ x imation Adinisti atim n s Airport htilablatin Piot Progratti (I Fi A approxtd the preliluiall applk ation one Inontlatler, Id the ( it S praceed tLa dw el)1) a pn pos(l laend soA it hids 1mmII inlt rest ~d prix ateoe rtos In( l Sep'ltmnhin 2008 tile t6 sOk ded asI, theivate opeatol at un tit iuek I~ pug o cI23 and Space Law W

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