Creation of Irregular Operations (IROPS) — Response Contingency Committee (IRCC) to Deal with Irregular Airport Operations

September 23, 2016

CAB RESOLUTION NO. 58 (BM 07A-09-23-2016)

 

WHEREAS, Republic Act 776 otherwise known as the "Civil Aeronautics Act of the Philippines, authorizes the Civil Aeronautics Board (CAB) to prescribe regulations, standards and procedures related to air travel, and to make and amend such general and special rules, regulations and procedures to carry out the provisions of RA 776, Section 10 (B) thereof, provides, to wit:

SECTION 10. Powers and duties of the Board. — B) The Board may perform such acts, conduct such investigations, issue and amend such orders, and make and amend such general and special rules, regulations, and procedures as it shall deem necessary to carry out the provisions of this Act.

WHEREAS, in accordance with public policy of ensuring adequate, economical and efficient air transportation services by air carriers conducive to the comfort and convenience of the public, air carriers as public utilities are under obligation to assure the comfort and convenience of passengers on board the aircraft, not only while in flight and when such flight is diverted to another airport for whatever causes which may result to lengthy tarmac delay;

WHEREAS, the Board, after due consultations with the public and stakeholders, in light of increasing number of flights diverted to airports other than the Ninoy Aquino International Airport, due, among others, to bad weather, landing instrument failure, tarmac congestion, runway congestion or some other causes, which resulted to passenger inconvenience and chaos in the diversion airport, has deemed it necessary to adopt certain rules and procedures to assure that airlines will continue to deliver efficient serum in times of irregular operations (IROPS) at the airports, minimize extended delays and its impact and to alleviate passenger discomfort during flight diversions;

WHEREAS, events of IROPS at the airports can include a number of conditions such as extreme weather, geological events, reduction of airport facility capacity, aircraft mechanical problems, and labor disputes and other issues which may result to flight delays, cancellations, and diversions resulting to potentially adverse impact on passengers and other airport customers as well as airport operations;

WHEREAS, there is a need to address a wide range of logistical, operational, facility constraints and human factors which may occur during airport irregular operations arising from events such as air traffic, weather conditions, mechanical emergencies/failures, medical emergencies, or a combination of any or all and such other condition which makes it impossible or inadvisable to land at the original airport of landing, to assure that the passenger shall not suffer greater inconvenience and that the commercial operations of the diversion or alternate airport continue to function as smoothly as possible.

WHEREAS, notwithstanding that each airport and airline operator adopts and maintains its own Emergency Response Plans to address contingencies or airport irregular operations, there is still a need to ensure that these Emergency Response Plans are adequate, responsive and properly communicated and coordinated with the airport authorities and all service providers to ensure that it is efficiently and smoothly implemented;

NOW, THEREFORE, the Board RESOLVED, as it hereby RESOLVES to APPROVE the creation of an Irregular Operations (IROPS) Response Contingency Committee (IRCC), as follows:

I. COVERAGE

The foregoing rules shall apply to irregular operations (IROPS) at the airports within the Philippines and the creation of a Response Contingency Committee in the event of IROPS;

II. DEFINITION OF TERMS

a. Air carriers — as used in this Resolution shall mean all scheduled carriers, whether domestic or foreign, operating to, from or within the Philippines

b. Alternate airport/aerodrome — an airport or aerodrome to which an aircraft may proceed when it becomes impossible or inadvisable to proceed to or land at the original or published airport/aerodrome of landing

c. Emergency Response Plans (ERPs)/Emergency Response Manuals (ERMs) — set of guidelines or procedures adopted and carried by airport operators and air carriers in cases of airport irregular operations

d. Emergency Response Team (ERT) — a group of air carrier and airport personnel assigned to handle emergency situations and airport irregular operations

e. Fixed base operator — a commercial business granted the right by an airport to operate on the airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, etc.

f. Irregular Operations (IROPS) — Exceptional events that require actions and/or capabilities beyond those considered usual by aviation service providers. Generally speaking, an impact of these events is the occurrence of passenger experiencing delays, often in unexpected locations for an undetermined amount of time. Examples include extreme weather events (such as snowstorms, hurricanes, tornados), geological events (such as earthquakes, volcanoes), and other events (such as power outages or security breaches).

g. Service Providers — All entities at an airport that provide services for customers and passengers, including but not limited to airports, airlines, concessionaires, ground transportation agencies, government agencies, fixed-based operators (FBOs), overnight accommodations (e.g., hotels, Red Cross), emergency response (e.g., police, fire), and diversion airports.

III. GENERAL PROVISIONS

1. The CAB, in coordination with the CAAP, MIAA, CIA, MCIAA and other airport authorities, shall establish an IROPS Response Contingency Committee (IRCC) to ensure that actions result in a unified level of customer care across a particular airport. The IRCC shall include representatives from airport authorities, the Bureaus of Customs, Immigration and Quarantine and all local aviation and customer service provider organizations. Each carrier shall maintain an emergency response team to handle IROPs circumstances, who shall also be a member of the IRCC. Members of this Committee shall provide the name and contact details of the point person or persons who shall be available 24/7.

2. Each air carrier operating to, from or within the Philippines shall submit an Emergency Response Plan/Manual (ERP/ERM) on airport irregular operations (IROPS) such as, but not limited to flight delays, cancellations and diversions. The IRCC shall consolidate and formulate a unified ERP/ERM, which shall be observed in all airports within the Philippines. The unified ERP/ERM shall be reviewed every five (5) years or sooner when there is substantial change in the plan or procedure.

3. The IRCC shall coordinate with alternate airport/aerodrome and request from it information as to its available facilities, existing concessions, FBO's and holding area for deplaned passengers, as well the needed infrastructure and logistical requirements needed to address IROPS, such as flight diversions and long tarmac delays, among others.

4. The IRCC, in formulating the unified ERP/ERM, shall ensure that the passenger core needs are properly and immediately addressed. Passenger core needs shall include:

a. Information (Flight status, gate status): Information provided to the passenger so as to keep passenger informed on status of situation — situational awareness

b. Communication (Cell phone usage, rebooking): Means of enabling the passenger to communicate

c. Food/hydration (Grab-and-go food and water): Types of sustenance made available to passengers

d. Cleanliness (Availability of clean and serviceable restrooms): A means to address bodily needs and maintain personal hygiene

e. Special Services (Oxygen, medicine): A means to address health-related needs

f. Executable plan to deplane aircraft: Provide concise information on steps that will be taken after a period of time

5. The ERP/ERM are deemed included in the air carriers' contract of carriage and shall form part of its obligation to its passengers. It shall likewise be published in the air carriers' website and should be made readily available to the public. The air carrier shall adhere to its submitted and published plan.

6. The ERP/ERM shall, at a minimum include, procedures for deplaning passengers, and sharing of facilities among service providers. The airport authorities shall ensure that gates are available and that there is a sterile area for passengers following excessive tarmac delays.

7. Should there be an advice from the ATC to divert a flight, for whatever cause or reason, the air carrier shall make necessary coordination with the diversion airport. If the diversion is foreseen, under the circumstances, to cause delay for 2 hours or more, the air carrier shall mobilize its emergency response team to make necessary coordination and arrangements at the diversion airport, to ensure that passenger core needs enumerated in paragraph 3 of this Resolution are provided accordingly. The air carrier shall also make necessary coordination and arrangements for concessions for food, alternate ground transport, if necessary, hotel accommodation.

8. The Airport authority's emergency response team shall coordinate with the other Government agencies, like the CIQS to provide services to diversion airports.

9. The CAB shall enter into a Joint Memorandum of Understanding with the concerned agencies (CAAP, MIAA, CIAC, MCIAA, BOC, BOI, BOQ, OTS and other airport authorities) to carry out the provisions of this Resolution.

IV. REPEALING CLAUSE

Issuances inconsistent herewith are hereby ordered amended/modified accordingly.

V. SEPARABILITY CLAUSE

Should any provision or part of this Circular be declared by competent authority to be invalid and unconstitutional, the remaining provision or parts hereof shall remain in full force and effect and shall continue to be valid and effective.

VI. EFFECTIVITY

This Resolution shall take effect 15 days after its publication in a newspaper of general circulation and deposit at the UP Law Center.

Adopted September 23, 2016, Pasay City, Philippines.

ARTHUR P. TUGADESecretary

(SGD.) ROBERTO C.O. LIMUndersecretary for Aviation and Airports

(SGD.) REYNALDO L. CHINGDepartment of Tourism

(SGD.) JIM C. SYDIONGCOCivil Aviation Authority of the Philippines

Attested by:

(SGD.) JEAN MARIONNE A. BERMUDEZActing Board Secretary

Noted:

(SGD.) CARMELO L. ARCILLAExecutive Director