Proposed Reservations System for Unscheduled Arrivals at Chicago's O'Hare International Airport

FAA-2004-19411

October 15, 2004

Notice of Proposed Rulemaking

The FAA proposes to implement a reservation system restricting the number of unscheduled aircraft arrivals at Chicago's O'Hare International Airport during the hours of 7 a.m. through 8:59 p.m., Central Time, beginning November 1, 2004, and continuing through April 30, 2005. This action is necessary to ensure the effectiveness of the Administrator's Order issued August 18, 2004, which limited scheduled arrivals over the same hours and effective dates.

By: Linda Schuessler

October 19, 2004

Re: Comments of Air Wisconsin

Air Wisconsin Airlines has a primary maintenance base located at the ORD international airport. We have over 157 departures per day and we ferry many aircraft back to this base, Air Wisconsin feels that this proposed rule will make flight operations very difficult to maintain unless there is an exemption to rule for operators that have primary maintenance bases located at the airport. Prioritizing flights for non-scheduled aircraft is unfair for operators maintaining their aircraft.

By: Daniel Boggs

October 19, 2004

Re: Comments of The National Air Transport Association

NATA is opposed to the proposed reservation system for unscheduled arrivals at Chicago’s O’Hare International Airport (ORD). The FAA proposes to implement a reservation system restricting the number of arriving unscheduled aircraft at ORD during the hours of 7:00 am through 8:59 pm, Central Time, beginning November 1, 2004, and continuing through April of 2005. NATA believes this is an unnecessary, unjustified and airline-driven restriction that creates additional financial hardships for an industry still reeling from the September 11th terrorist attacks.

Due to the nature of the general aviation industry, in particular, charter and business aviation, this restriction is an unjustifiable impediment. The “on-demand” nature of this part of the aviation industry is what appeals to the corporate users of private aircraft. The proposed reservation system will encumber the convenience of being able to freely come and go when flying in a privately operated or chartered aircraft and demonstrates a blatant favoritism towards scheduled air carriers. The suggestion within the NPRM on page 9 that operators could simply “shift certain planned flights to another time with an available reservation, or potentially operate during unrestricted hours” demonstrates clear ignorance of the appeal of the on-demand nature of the general aviation industry.

By: Eric Byer

October 21, 2004

Re: Comments of Thomas Cook Airlines UK Limited

While public charter services are nominally “nonscheduled” in nature, the ways in which these services are planned, marketed and sold are almost indistinguishable from scheduled services, These services are treated as a special category of charters under DOT regulations (see 14 CFR Part 380). The significant differences and other non-scheduled services simply must be accounted for when setting procedures for the allocation of arrival reservations.

Operators of “programmed charters” plan their services far in advance of proposed flight dates. For example, Apple Vacations tends to plan its charter services at least a year in advance, and files a charter prospectus with the US Department of Transportation many months before the services are operated. The prospectus contains, among other things, the points to be served by each aircraft, and the proposed departure and arrival times for each flight. For example, a review of the charter prospectus on file for Apple Vacations for the charter program it offers in conjunction with Ryan International indicates that between the months of December 2004 and April 2005, Apple Vacations will be providing service between Chicago and Cancun every day except Tuesday, and will operate from Chicago to various Caribbean and Mexican points on Fridays, Saturdays and Sundays through these time periods. See DOT Office of Public Charters, Charter PC-04-140. The prospectus covers 495 roundtrip operations. Although the flights at issue are not published in the Official Airline Guide, they are operated on a fixed schedule, week after week, for a period of several months, in very much the same way as a scheduled carrier might offer a seasonal service to a leisure destination on a less-than daily basis.

Just as a scheduled carrier would find the prospect of having its flight schedule “firmed up” just days before a scheduled arrival to be unworkable, so too would the operator of a programmed charter. Many of the public charter services operated with Thomas Cook aircraft have been tightly timed to bring passengers to/from their destinations on a fixed schedule, with each aircraft scheduled to perform several flight rotations per day. Under the NPRM, flight reservations could not be made more than 72 hours in advance at a planned arrival. The disruption which would occur by having to “reorganize” planned flight arrivals due to last-minute changes required by the FAA would undermine the entire flight schedule proposed by these charter operators, and the carriers which serve them. Moreover, with charter passengers often at their holiday destinations for a week, the logistics of notifying passengers of any last minute “adjustments” to the times of their planned return trips to Chicago when they are at their foreign destinations would cause untold inconvenience and hardship to the travelling public.

Counsel: Garfinkle Wang, Anita Mosner, 703-294-5890

October 28, 2004

Re: Comments of The Air Transport Association

Due to the highly integrated air traffic network in the United States, the traveling public and airlines operating across the country are impacted by schedule delays and adjustments at O'Hare. Since all users of air traffic control at O'Hare impact scheduling and, therefore, congestion, all users should contribute to the solution. Through discussions permitted under VISION 100 and 49 U.S.C. Sec. 41722, scheduled commercial air carriers - particularly United and American - have contributed to the solution through reductions in their scheduled operations during identified peak hours. It is appropriate for other users, including general aviation, charter, military, and public aircraft, likewise to adjust their operations. As described in the NPRM, a partial solution delivered by some but not all operators will not resolve persistent congestion at O'Hare.

FAA notes that in its August 18th Order imposing a limit of 88 arrivals for scheduled arrivals during peak hours, it assumed that the airport also would accommodate four unscheduled arrivals per hour. FAA states this limit is necessary to achieve "the overall established operational target for scheduled and unscheduled arrival flights." 69 Fed. Reg. at 61710. In short, a firm limit on the number of unscheduled arrivals is necessary to ensure that reductions in operations made by scheduled air carriers result in reduced delays. If no limit is imposed, the number of unscheduled operations will offset the delay reduction benefits of the reduced number of scheduled operations. Efficient air traffic control and basic equity require accommodations by all system users.

ATA and its member airlines welcome the opportunity to work with the FAA in its efforts to reduce congestion at O'Hare and to improve the overall performance of the national air traffic control system. We urge the FAA to continue to explore further opportunities among non scheduled air carriers as all users of the national air space benefit from the efficient use of air space. Please contact me if you would like to discuss these comments further or have any questions.

By: Paul McGraw

October 29, 2004

Re: Comments of The Mark Travel Group | Word

In order to allow the public charter operations conducted by Mark Travel/Funjet Vacations to be placed on a somewhat equal footing with the other operators who control 98% of Chicago operations, the FAA needs to allow those charter operators that have been at the airport before the current problems arose, that schedule and operate charters longer than six months before date of operation, and utilize aircraft with more than 125 seats to operate the same number of charter flights as they operated in 2003-2004 . In implementing these restrictions which could dramatically impact the public charter operators, the FAA needs to ensure that those operators can continue to operate. Mark Travel will also take reasonable steps to schedule operations in non-peak periods. If we cannot operate as planned, it will impact our current and future business. FAA must also allow public charter operators to make flight reservations for the above types of flights as those charters are arranged. They should not be held to a 72-hour reservation restriction. The number of flights to be handled in this manner would be small. The ability of Mark Travel/Funjet to operate in this manner is critical to the continued economic growth of the operators and others involved in the travel packages. It is also critical that we provide affordable and competitive options to travelers in the Chicago area.

By: Jennifer Macchia

October 28, 2004

Re: Comments of BlueCross BlueShield of Tennessee

I am the Flight Coordinator for BlueCross BlueShield of Tennessee. We are Part 91 operator, and BlueCross BlueShield of Tennessee owns a King Air 350 (N700PG) based in Chattanooga, TN. We fly in and out of Chicago O'Hare airport approximately ten to twelve times per year. We have great concerns regarding the reinstatement of a general aviation slot limitation and reservation program at the Chicago O'Hare airport. Our main concern is that small corprate operators are at a great disadvantage in obtaining slot reservations. The fractional operators seem to be able to secure slots through the computer earlier than what I am able to get them. This seems to happen even if I try on the very first moment (48 hoirs prior) I am allowed to try for a slot for the arrival time we are requesting. The fractionals have a large fleet of aircraft and will therefore secure more slots than they necessarily need. Even if they cancel on the day of our arrival, we have scheduled our passengers into an alternate airport. We have also made all of their ground transportation arrangements, etc at the alternate airport. We would like to express that we ale against the reinstatement of the slot reservation program at Chicago O'Hare on a temporary or on a permanent basis.

By: Jay Morrow

November 1, 2004

Re: Response from The City of Chicago

The City of Chicago recognizes that it is in the best interest of the national aviation system to mitigate delays at O'Hare. The voluntary agreement that was formed in August is an example of the FAA's commitment to reduce delays and improve on-time performance at the nation's busiest airport.

During the development of the voluntary agreement, the FAA had shown a willingness to work with the airlines and City to provide flexibility in the implementation of the reduced flight plan The targeted arrival rate of 86 was adjusted to a flexible number that provided more capacity, especially during the peak times of the evening when demand is at its greatest. This flexibility also provided a mechanism to meet the needs of the limited incumbent airlines. The City would like to continue to work in collaboration with the FAA and the unscheduled aircraft operators to provide the flexibility that best maximizes the capacity for unscheduled operations at O'Hare. Followings are areas in which the City believes there is room for flexibility.

By: John Roberson

November 1, 2004

Re: Comments of The General Aviation Manufacturers Association

The General Aviation Manufacturers Association (GAMA) is an international trade association representing over 50 manufacturers of fixed-wing airplanes, engines, avionics and components. In addition, GAMA member companies also operate aircraft fleets, airport fixed based operations, and pilot and maintenance technician training facilities across the nation. GAMA submits the following comments in response to FAA’s Notice of Proposed Rulemaking—SFAR-105: Proposed Reservation System for Unscheduled Arrivals at Chicago’s O’Hare International Airport, published in the Federal Register (69 FR 202) October 20, 2004.

The NPRM proposes a reservation system for non-scheduled arrivals at O’Hare International Airport (ORD) as a means of managing an overall capacity problem at the airport having a broad impact on the overall National Airspace System. GAMA believes that ORD presents a unique situation where other delay remedies have been exhausted. Therefore, a system that properly balances both scheduled and non-scheduled operations at ORD needs to be developed.

By: Ron Swanda

October 29, 2004

Re: Comments of The National Air Carrier Association

We note that, historically, Public Charters have not exceeded approximately six to eight arrivals per day within the period required for reservations, That number of operations is only 10% of the total unscheduled arrivals recommended by NACA. On the other hand, it is our estimate that those Public Charter operations will serve more than 50 per cent of the public flying under an "unscheduled operation". Thus, this change to accommodate advance reservations by Public Charters is clearly in the public interest.

We are well aware of planned airspace capacity enhancements and commend the FAA for initiating programs to increase capacity at O'Hare and other major airports. We are enthusiastic stakeholders in the planning and implementation of those programs and pledge our assistance to making them successful, as we pledge our support to this reservation system for unscheduled arrivals at O'Hare.

By: NACA, Ron Priddy

November 1, 2004

Re: Comments of The National Business Aviation Association | Word

NBAA has previously commented via letter on August 19, 2004 to the Secretary of Transportation and FAA Administrator on the reinstitution of slot controls on general aviation at O’Hare International Airport. Our primary desire is for the FAA to provide the necessary ability to meet capacity demands at airports and in airspace in the NAS. We fundamentally oppose the restrictions on aviation and commerce that result when slot controls are imposed. The High Density Airport slot control program has existed since 1969 as a “temporary” solution to a lack of capacity. Unfortunately, we have not made significant enough progress in the last 35 years to avoid the re-imposition of a program that was finally suspended less than two years ago at O’Hare.

NBAA strongly desires to work with appropriate FAA officials to discuss what actions are being taken to insure that this onerous rule is not extended past 6 months. If there are any initiatives which can alleviate the capacity short fall in this time frame, NBAA and the industry are available to work with the FAA towards expansion of the number of flights by that deadline.

By: J.E. Murdock III

November 8, 2004

Comments of Neil Tornbloom

There is no denying that there is a very real problem at O’Hare International Airport.  Traffic congestion and flight delays have risen dramatically and are hurting the entire aviation system.  Clearly, something needs to be done, and the FAA is right to pursue solutions to this problem.  However, the proposed reservation system is flawed, and will negatively affect many businesses and individuals.  Based on the FAA’s statements concerning the flexibility of unscheduled operators, and the 72-hour reservation restriction, it is clear that the FAA has not carefully considered the economic impact to non-airline users.  The proposed reservation system is unnecessary, unfair, and inappropriately favors scheduled airlines.  Therefore, the FAA needs to abandon this proposal and consider a different solution to the problems at O’Hare.

By: Neil Tornbloom

November 22, 2004

Re: Comments of Central Missouri State University | Word

The proposed system will limit scheduled arrivals to 88 per hour, allowing 4 unscheduled per hour. These numbers came from past records of arrivals of scheduled flights. The past 6 and a half months, to be exact, were analyzed to find the average of unscheduled arrivals was 4 during peak hours. The last minute reservation could have no more than 2 per half- hour. These numbers can be changed when certain conditions like good weather occurs. O’Hare can handle up to 92 arrivals per hour without today, so when good conditions exist the number of unscheduled arrivals can increase.

There are several ways a pilot may obtain a reservation on short notice. Pilots can reserve via the internet, by calling the ARO’s, and by calling the ARO’s interactive computer system. Pilots would be required to provide date and time of flight, identifier of aircraft, and the intended flight. These are requirements of both early and late reservations.

This proposed system will add a little time to operators to plan unscheduled reservations. An estimated 2 minutes to make an individual reservation. That calculates into 340 hours for the 6 month proposed system. At an average pay of $49 it will cost $29,223 for this 6 month system. The system, however, will not need any additional equipment.

This proposed system, I feel is a well needed one. The fact that O’Hare was the 2nd busiest airport in 2003 and is not decreasing, but in fact increasing in traffic, warrants a system like this. The system is easy for operators to reserve spots, as well as, low in cost. Since it is low in cost it is not required to get a full evaluation, so it can go into effect right away. However being a general aviation pilot it will affect me a little more than say an airline.

By: Travis Boulware

November 1, 2004

Comments of Apple Vacations West

As more fully explained in these Comments, Apple respectfully recommends that in order to accommodate the operation of DOT Part 380 Public Charters at ORD which are already operated pursuant to an existing DOT regulatory scheme, the procedures proposed by the NPRM be amended as follows:

• (1) The FAA description of ?unscheduled operations? be clarified to make clear that all charter operations, including 14 C.F.R. $380 ?Public Charter? operations, are included as unscheduled operations;
• (2) In view of the regulatory and practical impossibility of the maximum 72 hours prior proposed reservation procedures as far as the conduct of Public Charters are concerned, reservations for programs of Public Charter flights may be made at the same time as the filing by the Public Charter Operator of the Public Charter Prospectus at the Department of Transportation’s Public Charter Office, but no earlier than six (6) months prior to the arrival of the first flight at ORD in any such program of Public Charter flights;
• (3) The FAA proposal to limit the number of unscheduled operation to four (4) arrival reservations per hour be increased to six (6) arrival reservations per hour, with no more than three (3) arrival reservations per half-hour during the applicable time periods.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

On File at Federal Register July 7, 2005 | Published July 8, 2005

Final Rule | Final Publication in Federal Register for July 7, 2005

The FAA is adopting a reservation system to limit the number of unscheduled aircraft arrivals at Chicago's O'Hare International Airport during the peak hours of 7 a.m. through 8:59 p.m., Central Time, Monday through Friday, and 12 p.m. through 8:59 p.m. Central Time on Sunday. This Special Federal Aviation Regulation (SFAR) is effective through October 28, 2005.

By: Marion Blakey