The New York Passenger Bill of Rights had a short life as the state law was struck down this past week in federal court.

Now, there is a new call from state officials for the federal government to protect airline passengers. Sen. Chuck Schumer (D-NY) has announced a campaign for a national airline passenger bill of rights, rather than a statewide plan. ?The nationwide plan gives ironclad rights to the millions of passengers left in the lurch by the FAA,? he says.

The Valentines Ice Storm of 2007 created a public relations nightmare for Jet Blue at JFK airport. Planes were stuck on the tarmac for up to 10 hours, stranding passengers without food and water.

The new plan mandates food, water and functional bathrooms during long delays. It was passed in the House, but is stuck in the Senate. The reason federal courts struck down the law this past week is because they believe it is a matter of national jurisdiction, not state.

?It should be on a national level, but in the absence of any federal regulation I felt that it was important to do it in New York State,? state Sen. Charles Fuschillo said. Fuschillo penned the law.

Travelers at Islip?s MacArthur Airport agree that there must be a better plan for when people are stuck on the tarmac. ?The air quality is poor,? Eve Ostriker said. ?Anyone who has a disability ? it?s going to be exaggerated by being on the plane much longer than they planned.? Ostriker is a Maryland resident who frequently flies with her family.

Fushillo says he hopes the state attorney general will continue to appeal the federal ruling.

Fedsground air traveler 'bill of rights'