Applications and Petitions: None Answers and Replies: O'Hare Operating Limitations - Reply of jetBlue to Comments of United / Answer of American to Response of jetBlue Orders and Notices: O'Hare Operating Limitations - Amending the August 2004 Order Limiting Scheduled Operations at O'Hare Rules and Regulations: None Grant of Petitions: None

	Chicago O'Hare International Airport Operating Limitations FAA-2004-16944 October 6, 2006 Order Amending the August 2004 Order Limiting Scheduled Operations at O'Hare | On File at Federal Register October 10, 2006 - Bookmarked | As Published in Federal Register October 13, 2006 The FAA proposed to modify the August 2004 Order temporarily limiting scheduled operations at O'Hare to allow carriers to trade and transfer scheduled arrivals for consideration for the remaining duration of the Order based on our tentative determination that there is merit to allowing carriers to modify their schedules for competitive or operational reasons through various market mechanisms prior to the effective date of the August 29, 2006 Final Rule regulating scheduled arrivals at O'Hare. After considering the responses, the FAA has determined to make this finding final. Accordingly, with respect to scheduled flight operations at O'Hare under the August 2004 Order, as amended, it is ordered that paragraph 6 be amended to state: 6. An air carrier who is currently operating or has committed prior to the expiration of this Order to operate at O'Hare by January 27, 2007, may buy, sell, lease or otherwise transfer or trade any scheduled arrival from 7:00 a.m. through 8:59 p.m. to or from any other air carrier who is currently operating or has committed prior to the expiration of this Order to operate at O'Hare by January 27, 2007. Transactions permitted by this paragraph must be completed prior to the October 28, 2006 expiration of this Order. Each air carrier must receive advance written approval of the Administrator, or her delegate, of the trade or transfer. By: Marion Blakey October 5, 2006 Reply of jetBlue Airways to Comments of United Air Lines The term "initiates scheduled service" is not defined by the Order and by announcing this service during the period covered by the Order (prior to October 29, 2006) JetBlue has fulfilled this requirement. Logic dictates that a new entrant carrier must first announce its intention to "initiate service" before the FAA, pursuant to the FAA 2004 Order, can provide Arrival Authorizations; then and only then may a carrier commence operations. The key date and time is the announcement and the carrier's subsequent request that triggers the FAA allocation - which occurred within the effective dates of the FAA 2004 Order, i.e., prior to October 29, 2006. The FAA has previously implicitly approved a similar definition of "initiate service", as can be found in the regulations governing the Long Beach Municipal Airport in Long Beach, California. This regulatory regime was thoroughly reviewed recently by the FAA, and the regulations, which include definitions differentiating between the Commencement or initiation of "service" and the commencement or initiation of "operations" were found consistent with federal law. In Long Beach, Section 5 of the Flight Allocation Procedures Resolution (No. C-28465) differentiates between commencing or initiating service, which includes publishing a schedule and announcing upcoming service, and commencing or initiating operations which means the actual operation of a flight or flights. JetBlue looks forward to finalizing its request with the FAA and to both initiating service at O'Hare and commencing operations in the near future. Counsel: jetBlue, Robert Land October 6, 2006 Motion for Leave to File and Answer of American Airlines to Response of jetBlue Airways There is no need for the FAA to determine whether JetBlue or United has interpreted the August 2004 order correctly. Since JetBlue had no scheduled service at 0'Hare between November 1-7, 2004, the Final Rule will initially grant no arrival authorizations to JetBlue. Under either interpretation of the current order, JetBlue must seek arrival authorizations consistent with the procedures set forth in the Final Rule if it wishes to operate at O'Hare. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com Index