Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar
Updated:
FAA-2003-16944 - Operating Limitations at Chicago O'Hare
|
Operating Limitations at Chicago O'Hare International Airport January 21, 2004 Order Limiting Scheduled Operations We emphasize, therefore, that this Order is designed to deal with a highly unusual situation, one that is unlikely to be replicated except at O’Hare. Moreover, each of the affected carriers recognized that immediate action was required to mitigate substantial inconvenience for their customers and millions of other airline passengers across the country, and each acquiesced in the FAA’s exercise of its authority to limit the carrier’s operations. Although the FAA will continue to examine all its alternatives for O’Hare, by this Order we are not establishing a practice that delays will be addressed in the short-term by restricting scheduled operations. By: Marion Blakey
March 13, 2006 Order to Show Cause | As Published in FR March 16, 2006 The Federal Aviation Administration's August 18, 2004, order limiting scheduled operations at O'Hare International Airport expires on April 1, 2006. The FAA has tentatively determined that it will extend the order through October 28, 2006. This order to show cause invites air carriers and other interested persons to submit comments in Docket No. FAA-2004-16944 on this proposal to extend the duration of the August 2004 order. If the FAA were to allow the August 2004 order to expire as presently scheduled, the FAA anticipates a return of the congestion-related delays that precipitated the voluntary schedule reductions and adjustments reflected in the August 2004 order. The FAA has adopted a rule limiting unscheduled flights at O'Hare,' but it has applied no limits on scheduled flights at O'Hare, other than the August 2004 order. In a separate docket, the FAA solicited public comment on a proposed rule that would limit the number of scheduled arrivals at O'Hare. The comment period for the proposed rule ended on May 24, and the FAA and the Office of the Secretary of Transportation have evaluated the comments filed in that proceeding and expect to issue a final rule shortly. It is not possible, however, to implement a final rule in time for the beginning of the summer scheduling season. The FAA expects that the extension of the August 2004 order will permit the order's expiration to coincide with the effective date of the final rule. Independence Air, which was assigned ten arrivals in the August 2004 order, ceased all operations at O'Hare on January 5, 2006. The August 2004 order does not include a mechanism to reallocate such unused capacity; however, it does not appear that the arrival authority assigned to Independence Air is excess capacity. The principal premise for the August 2004 order was the FAA's determination that O'Hare at present can accommodate 88 scheduled arrivals per hour in average meteorological conditions without triggering intolerable congestion-related delays. In negotiating the schedule adjustments among individual air carriers for the August 2004 order, however, several peak afternoon and evening hours received scheduled arrivals that exceed the agency's preferred limit of 88 scheduled arrivals per hour. Accordingly, the unused arrival times assigned to Independence Air under the order would offset the hours that were scheduled above the preferred limit, and we tentatively conclude that it is operationally beneficial not to reallocate the arrival times formerly used by Independence Air at this time. By: Marion Blakey
March 20, 2006 United supports the FAA's proposal to extend the current limits on scheduled operations at ORD through October 28, 2006, the end of this year's peak summer travel season. As the FAA explains in the Order, those limits have been effective in improving carriers' on-time performance at ORD and in reducing the number and length of congestion-related delays. United also shares the FAA's concern that if the current limits are allowed to lapse before the FAA has adopted a final rule in docket 20704, there is a very real risk that ORD will again be subject to the type of congestion-related delays that precipitated the FAA's original imposition of the current limits. To avoid such an adverse result, United fully supports extending the current limits on scheduled operations at ORD through October 28 of this year, as proposed. Counsel: Wilmer Cutler, Bruce Rabinovitz, 202-663-6960, bruce.rabinovitz@wilmerhale.com
March 22, 2006 American does not object to the FAA's proposal to extend its order of August 18, 2004 limiting scheduled operations at O'Hare through October 28, 2006. American's position on the Notice of Proposed Rulemaking on long-term O'Hare congestion and delay reduction, pending in FAA-2005-20704, remains unchanged. See our comments in that docket submitted on May 24, 2005 and June 30, 2005, as highlighted in our comments in this docket submitted on August 1, 2005 in response to the FAA's prior Order to Show Cause to extend the duration of the August 2004 order. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
On File at Federal Register March 28, 2006 On March 13, 2006, the Federal Aviation Administration issued an order to show cause, soliciting written views on extending through October 28, 2006, the August 2004 order limiting scheduled operations at O'Hare International Airport. The August 2004 order made effective a series of schedule adjustments that air carriers individually agreed to during a scheduling reduction meeting convened under 49 U.S.C. § 41722. The FAA previously extended the order twice, most recently through April 1, 2006. After careful reflection on the written views submitted in this matter, the FAA is now extending the August 2004 order through October 28, 2006, but reserves the right to terminate the August 2004 order before that date if a final rule on congestion and delay reduction at O'Hare earlier takes effect. By: Regulations Division, Josph Conte
On File at Federal Register September 22, 2006 Order to Show Cause and Request for Comments | As Filed at Federal Register | As Published in Federal Register September 26, 2006 The Federal Aviation Administration has tentatively determined that it is necessary to modify the August 2004 order, as amended, temporarily limiting scheduled operations at O'Hare International Airport. Under the Order, the FAA may modify or withdraw any provision in the order on its own or on application by any air carrier for good cause shown. The FAA proposes to eliminate the prohibition on trading or transferring (buying, selling, or leasing) arrival authorizations for consideration for the remaining duration of the Order. We believe there may be 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. The FAA invites air carriers and other interested persons to submit written comments by no later than September 29, 2006, in Docket FAA-2004-16944 on this proposal. After reviewing and evaluating the comments, the FAA expects to issue a final modification to the Order based on this proposal. By: James Whitlow
September 28, 2006 Request of jetBlue for Eight Arrival Authorizations JetBlue Airways herein seeks the Administrator’s prompt approval for eight arrival authorizations at O’Hare International Airport between the hours of 7:00 a.m. and 8:59 pm., effective this November. The requested arrival times are still being internally coordinated and thus our final operating plans remain flexible. JetBlue looks forward to working with the FAA Slot Coordinator in order to finalize our requested times. By: jetBlue, Robert Land
September 29, 2006 Comments of American Airlines Supporting Order to Show Cause American Airlines, Inc. files these comments in support of the Order to Show Cause in the above-captioned docket, 71 Fed. Reg. 56213, 9/26/06. As American has previously stated, we "strongly support the FAA's efforts to reduce delays and congestion at O'Hare" (5/24/05 AA Comments, FAA-2004-20704, p. 1). American also favors a free and open secondary market for arrival authorizations at O'Hare, and appreciates the FAA's tentative decision to lift the restrictions contained in its August 2004 Order, as amended. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
September 29, 2006 Comments of the City of Chicago The proposed change detailed in the Notice will add needed flexibility to the restrictive aviation policy currently in effect at O'Hare. Therefore, the City takes no issue with the proposed change. By: Department of Aviation, James Szczesniak, 773-686-3531, jszcesniak@cityofchicago.org
September 29, 2006 Response of Independence Air to Order to Show Cause Independence Air urges the Federal Aviation Administration to adopt the proposed revision to ordering paragraph number 6 of the FAA Order Limiting Scheduled Operations at O'Hare International Airport dated August 18, 2004, provided certain clarifying language is made to the text of the rule. As proposed by Independence Air, ordering paragraph number 6 would be revised to permit any person previously allocated O'Hare arrival authorizations to enter into transactions with air carriers operating at O'Hare to sell, trade or lease such authorizations. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverbeg@sgbdc.com
September 29, 2006 Comments of the Regional Airline Association The Regional Airline Association, on behalf of its 45 member airlines, is submitting these comments in response to the Order to Show Cause proposing to eliminate the prohibition on trading or transferring arrival authorizations for the remaining duration of the August 2004 Order temporarily limiting scheduled operations at O’Hare International Airport. RAA and its member airlines agree that there is no justification for maintaining a restriction on transferring, selling or leasing arrival authorizations at O’Hare during this period. We support the show-cause proposal as it allows airlines to modify schedules for competitive or operational reasons through market mechanisms prior to the effective date of the August 29, 2006, final rule regulating scheduled arrivals at O’Hare. By: RAA, Deborah McElroy, mcelroy@raa.org
September 29, 2006 In order to provide carriers the assurance they need on this point before committing themselves to leasehold transactions during the month ahead, the FAA should confirm that United's understanding that Arrival Authorizations leased to other carriers between the date on which the Order is modified and the date it expires will revert to the lessor when the lease expires or terminates is correct. Finally, it goes without saying that if carriers are to take advantage of the easing of restrictions on trades and transfers under the Order, the FAA will have to act with great expedition -- because the Order terminates in just four weeks, and trades and transfers take time to negotiate and implement. Hence, if the proposed modification of the Order is to have any practical impact, it must be finalized and made known to the public no later than October 6, 2006. Counsel: Wilmer Hale, Bruce Rabinovitz, 202-663-6960, bruce.rabinovitz@wilmerhale.com
October 3, 2006 Motion for Leave to File and Answer of American Airlines to Response of Independence Air Independence Air seeks approval to sell arrival authorizations allocated in the FAA's August 2004 order governing scheduled operations at O'Hare. As Independence Air admits, these arrival authorizations have gone unused for nearly nine months, as Independence Air ceased operations on January 5, 2006. Under the old High Density Rule, or the FAA's Final Rule governing capacity at OfHare, this capacity would have been forfeited under a use-or-lose rule. It is only because the FAA anticipated that the August 2004 order would be short-lived that it elected not to impose an explicit use-or-lose requirement on the capacity Independence Air now seeks to sell. The FAA could not have been more clear - it has no intention of reallocating Independence Air's arrival authorizations. In fact, Independence Air's arrival authorizations only exist because it added new service at O'Hare at the same time American and United were being ordered to reduce capacity in the interest of delay reduction. The FAA correctly declined to reallocate the arrival authorizations granted to Independence Air in August 2004, and there is no reason for the FAA to reconsider its decision. Accordingly, American opposes the changes proposed by Independence Air, and requests that the FAA issue a final order consistent with its original Order to Show Cause. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
October 4, 2006 Comments of United Air Lines on Request of jetBlue Airways JetBlue Airways sought approval for eight arrival authorizations at O'Hare International Airport pursuant to the Order issued by the Administrator on August 18, 2004. The eight arrival authorizations for which JetBlue seeks approval (between 8:30 a.m. and 6:00 p.m.) are to become effective at some unspecified date in November 2006, after the August 2004 Order has terminated. JetBlue's request is being made at the wrong time, in the wrong way, and under the wrong regulatory authority. Accordingly, it should be denied. This is not to say that JetBlue will be unable to obtain arrival authorizations for service at O'Hare that it hopes to initiate in November 2006. There are at least five options for obtaining such authorizations - two under the proposed revision of paragraph 6 of the August 2004 Order; and three under the final O'Hare Congestion and Delay Reduction rule that takes effect on October 29, 2006. By availing itself of any of these options in accordance with the terms of the soon-to-be-modified August 2004 Order or the soon-to-be-effective O'Hare Congestion and Delay Reduction rule, JetBlue could acquire Arrival Authorizations as provided by applicable regulatory mechanisms. It may not, however, disregard the mechanisms the FAA has established and assign itself Arrival Authorizations through an unauthorized procedure of its own devising. JetBlue must operate in accordance with the regulatory rules of the road, just as all other carriers must do. Because its current request ignores those rules, it must be denied. Counsel: Wilmer Hale, Bruce Rabinovitz, 202-663-6960, bruce.rabinovitz@wilmerhale.com
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:
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
October 11, 2006 jetBlue Amendment of Request for Arrival Authorizations JetBlue Airways herein amends its request filed on September 28,2006, for eight arrival authorizations at Chicago O'Hare International Airport, between the hours of 7:00 a.m. and 859 p.m. JetBlue wishes to request only four arrival authorizations at ORD, as a new entrant carrier, pursuant to the Order issued by the Administrator on August 18,2004, and presently the governing regime at O'Hare (Docket FAA-2004-16944). The times JetBlue requests the Administrator's approval for are the following: 0830, 1100, 1100 and 1600. Upon finalization of this request with the FAA, JetBlue looks forward to both initiating service through the announcement of routes and beginning sales prior to October 28, 2006, and to commencing flight operations at O'Hare prior to January 27, 2007. By: jetBlue, Robert Land
October 13, 2006 DOT Letter Approving jetBlue Request for Four Arrival Authorizations This letter responds to your request of October 11 for four arrival authorizations at Chicago O’Hare International Airport. As you know, the Federal Aviation Administration currently limits the number of scheduled arrivals at ORD during the peak hours from 7 a.m. through 8:59 p.m., Central time. The FAA issued the Order to Limit Scheduled Operations at O’Hare International Airport on August 18, 2004. That Order, as amended, will expire at 9 p.m. on October 28, 2006. A final rule to limit peak hour arrivals, including allocation and transfer procedures for Arrival Authorizations, is effective October 29. The FAA hereby grants JetBlue’s request for arrival authorizations at 0830, 1100 (2), and 1600, subject to provisions of the Order, as amended, or the authorizations will be withdrawn. In particular, JetBlue must initiate service at ORD by October 28, 2006, and it must commence flight operations by January 27, 2007. By: James Whitlow |
|||
Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar