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Updated: Friday, June 27, 2008 3:29 PM


FAA-2008-0549 - JFK and Newark Liberty Winter 2008/2009 Scheduling Season


FAA-2008-0221 - Operating LImitations at Newark
FAA-2008-0517 - Congestion Management Rule for JFK and Newark
FAA-2008-0547 - Chicago O'Hare Winter 2008/2009 Scheduling Season
FAA-2006-25709 - Congestion Management Rule for LaGuardia Airport

Congestion Management in the New York Airspace - Transportation and Infrastructure - Subcommittee on Aviation - Video and Written Testimony - June 18, 2008

S.3150 - A bill to prohibit the Secretary of Transportation or the Administrator of Federal Aviation Administration from conducting auctions, implementing congestion pricing, limiting airport operations, or charging certain use fees at airports - June 18, 2008

Winter 2008/2009 Scheduling Season

FAA-2008-0549

On File at Federal Register May 5, 2008

Notice of Submission Deadline - JFK and Newark

As Published in Federal Register May 8, 2008

Under this notice, the FAA announces May 15, 2008 as the deadline for submitting schedule information for JFK Airport and Newark Liberty Airport for the Winter 2008/2009 scheduling season. The FAA previously designated the airports as Level 3, Coordinated Airports under the International Air Transport Association Worldwide Scheduling Guidelines. The FAA deadline coincides with the submission deadline established by lATA for the Winter 2008/2009 Schedules Conference. The FAA requests schedule information for JFK and EWR for planned flights from 6:00 a.m. through 10:59 p.m., Eastern Time, or 1100 UTC through 0359 UTC.

The FAA adopted an Order limiting scheduled operations at JFK effective March 30, 2008. The FAA also has proposed operating limitation at EWR beginning June 1, 2008, although a formal order has not yet been adopted by the FAA. As noted above, however, the FAA has already designated both EWR and JFK to be lATA Level 3, Coordinated Airports, and schedule information for the winter season should be submitted by the deadline.

The FAA's adopted Order for JFK and the proposed Order for EWR contemplate the allocation of new capacity by an auction. The details of an auction are under development and are not expected to be in place prior to the beginning of the winter scheduling season. As noted in the proposed and adopted orders, any Operating Authorizations for winter 2008/2009 beyond historic levels or the level approved by the FAA in the orders' appendices would be assigned without historical precedence for the following scheduling season.

The FAA is requesting complete schedule submissions from carriers that detail changes from their currently approved schedules. This information may include flight numbers, airport origin and departure information, proposed arrival and departure times, frequency, equipment type, effective dates, type of flight (passenger, cargo, charter, etc.) and other relevant information. Carriers may also indicate there are no changes from the approved summer schedules. The FAA expects only a limited number of Operating Authorizations will be available for the winter scheduling season for new operations or retimed flights during peak hours.

By: Rebecca Macpherson



FAA-2008-0517 - Congestion Management Rule for JFK and Newark
FAA-2006-25709 - Congestion Management Rule for LaGuardia Airport
FAA-2008-0221 - Operating LImitations at Newark

May 8, 2008

Request of AirTran, American, Delta, Northwest, United and US Airways for Waiver of Slot Usage Requirement

The recent spike in fuel prices has created a highly unusual and unpredictable condition that is beyond the control of the carriers arid will affect the airlines for some time to come, thereby providing good cause for the requested waiver.

While carriers are doing all that they can individually to adjust for the current market environment throughout their networks - including network management, fuel conservation initiatives and other cash preservation efforts - there is the very real prospect that carriers will be unable to adjust fully for changes in fuel prices and demand patterns at airports subject to federal caps when combined with a use or lose regulation.

Aside from assisting carriers at this critical time, a suspension of the use or lose regulations likely would also have a positive impact on DOT/FAA efforts to reduce congestion and delay nationwide, but in particular in the New York region. With all three major New York‑area airports now capped for congestion reduction purposes, a temporary suspension would allow additional flexibility for carriers to adjust schedules that could further reduce congestion on the ground, in the air, and throughout the national air transportation system. The benefits of this include reduced delay for consumers, both in the air and on the ground. At the same time, this could also benefit airlines through more efficient operations that would require less costly fuel burn leading to reduced emissions and a positive impact on the environment.

The carriers seeking this waiver are not opposed to permitting other airlines to add incremental flying in slots where the historical slot holder has temporarily withdrawn service as a result of any relief granted by FAA. Of course, any operating rights temporarily transferred should only be permitted to be scheduled or operated concurrent with any waiver from the applicable regulations or orders (See Footnote 1). In addition, no historical incumbent rights would attach to the temporary operation of the slots by an operator that is not currently a holder of the slots.

By: AirTran, American, Delta, Northwest, United and US Airways



FAA-2008-0221 - Operating LImitations at Newark
FAA-2008-0517 - Congestion Management Rule for JFK and Newark
FAA-2008-0547 - Chicago O'Hare Winter 2008/2009 Scheduling Season
FAA-2008-0549 - JFK and Newark Liberty Winter 2008/2009 Scheduling Season
OST-2000-7181 - DCA Beyond Slots
OST-2008-7182 - DCA Within Slots
FAA-2006-25709 - Congestion Management Rule for LaGuardia Airport

June 5, 2008

Opposition of Virgin America to Request for Waiver of Minimum Slot Usage Requirements

We respectfully oppose the May 8, 2008 petition of American Airlines, Delta Air Lines, Northwest Airlines, United Airlines, AirTran Airways, and US Airways, to waive current and proposed minimum slot usage requirements for the entire Winter 2008/2009 season at DCA, EWR, JFK, LGA, and ORD because of an increase in fuel prices. For the following reasons, Virgin America submits that the Joint Carriers’ request is anti-consumer, contrary to precedent, and without merit. Accordingly, it should be denied.

The steady and protracted increase in fuel prices over the past sixteen months does not justify wholesale waivers of slot minimum usage requirements at five of the most important, high-demand airports in the country, over an entire Winter season. Already, the large percentages of relatively small aircraft operations at these highly congested airports represents a waste of scarce assets. To permit these Joint Carriers to officially retain their slots, when excess demand exists from carriers like Virgin America, would be arbitrary and capricious, inconsistent with the waiver standard and precedent, and bad public policy.

Counsel: Pillsbury Winthrop, Kenneth Quinn, 202-663-8898



FAA-2008-0221 - Operating Limitations at Newark
FAA-2008-0517 - Congestion Management Rule for JFK and Newark
FAA-2008-0547 - Chicago O'Hare Winter 2008/2009 Scheduling Season
FAA-2008-0549 - JFK and Newark Liberty Winter 2008/2009 Scheduling Season
OST-2000-7181 - DCA Beyond Slots
OST-2008-7182 - DCA Within Slots
FAA-2006-25709 - Congestion Management Rule for LaGuardia Airport

June 9, 2008

Re: Letter of Air Transport Association in Support of Waiver of Minimum Slot Usage Requirement

The Air Transport Association supports the temporary waiver of minimum slot usage requirements for the Winter 2008/2009 season, as requested by letter dated May 8, 2008 from ATA members AirTran Airways, American Airlines, Delta Air Lines, Northwest Airlines, United Airlines and US Airways.

The need to comply with minimum use requirements, also known as “use-it-or-lose-it” rules, at slot-controlled airports (or airports that the Department of Transportation has proposed subjecting to operating restrictions) could skew service decisions, and even impede the necessary process of finding a rational mix of service and markets to meet the new reality of sharply higher operating costs. As was the case in the months following the terrorist attacks of 9/11, airlines serving these airports need a brief period to assess the longer-term trends in the industry and adjust their schedules and service accordingly.

The request for a temporary blanket waiver for the Winter 2008-2009 season (roughly through March, 2009) would allow the affected airlines to focus on long-term stabilization. A stable, financially sound U.S. airline industry serves the interests of the traveling and shipping public by providing the critical air transportation services that drive approximately 10% of GDP and that knit our country together. The joint temporary waiver request will provide a brief respite from what has become an unexpected an extraordinary disruption of the industry, and should not be interpreted as a means of shielding noncompliance with slot use requirements prior to the time the waiver is granted. Moreover, the carriers requesting the waiver have stated that they are not opposed to the temporary transfer of slots that are not used by their holder to other operators for the term of the waiver. Within those parameters, such a waiver would not harm the interests of other airlines or the public

Counsel: ATA, David Berg, 202-626-4234

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