[Federal Register: July 8, 2005 (Volume 70, Number 130)]
[Rules and Regulations]
[Page 39609-39622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy05-6]
[[Page 39609]]
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Part III
Department of Transportation
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14 CFR Part 93
Reservation System for Unscheduled Arrivals at Chicago's O'Hare
International Airport; Final Rule
[[Page 39610]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No.: FAA-2004-19411; SFAR No. 105]
RIN 2120-AI47
Reservation System for Unscheduled Arrivals at Chicago's O'Hare
International Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a reservation system to limit the number
of unscheduled aircraft arrivals at Chicago's O'Hare International
Airport (O'Hare) 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. This action is consistent with
other FAA actions regarding scheduled arrivals at O'Hare, which
combined together effectively reduce congestion and delays at the
airport.
DATES: This SFAR becomes effective August 8, 2005.
FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations
Services, Air Traffic Organization; telephone (202) 267-9424; facsimile
(202) 267-7277; e-mail gerry.shakley@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm
; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact a local FAA official or the
person listed under FOR FURTHER INFORMATION CONTACT. You can find out
more about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.cfm
.
Authority
The U.S. Government has exclusive sovereignty over the airspace of
the United States.\1\ Under this broad authority, Congress has
delegated to the Administrator extensive and plenary authority to
ensure the safety of aircraft and the efficient use of the nation's
navigable airspace. In this regard, the Administrator is required to
assign by regulation or order use of the airspace to ensure its
efficient use.\2\
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\1\ 49 U.S.C. 40103(a).
\2\ 49 U.S.C. 40103(b)(1).
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The FAA's broad statutory authority to manage the efficient use of
airspace encompasses management of the nationwide system of air
commerce and air traffic control. To ensure the efficient use of the
airspace, the FAA must take steps to prevent congestion at an airport
from disrupting or adversely affecting the air traffic system for which
the FAA is responsible. Inordinate delays of the sort experienced at
O'Hare in late 2003 and much of 2004 can have a crippling effect on
other parts of the system, causing significant losses in time and money
for individuals and businesses, as well as the air carriers and other
operators at O'Hare and beyond.
In 1968, under this statutory authority, the FAA designated O'Hare
as a High Density Traffic Airport and through the High Density Rule
(HDR) limited the number of takeoffs and landings at O'Hare.\3\ Under
14 CFR 93.125, operators at each HDR airport including O'Hare must
obtain a reservation or slot for each instrument flight rules (IFR)
takeoff or landing. The HDR remained in effect at O'Hare for over three
decades. At the time of the rule's sunset at O'Hare, scheduled peak-
hour air carrier and commuter operations (including both arrivals and
departures) were limited to 145 per hour, with ten additional
reservations available for the ``other'' category of unscheduled
operations.\4\
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\3\ 33 Fed. Reg. 17896 (1968). The FAA codified the rules for
operating at high density traffic airports in 14 CFR part 93,
subpart K. The regulatory limits of subpart K were lifted at O'Hare
after July 1, 2002.
\4\ 14 CFR 93.123(a)(2004). The ``Other'' class of users
includes general aviation, charter, military, public aircraft, and
other unscheduled operations by air carriers and foreign air
carriers.
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Each reservation for an unscheduled operation at an HDR airport is
for a single arrival or departure flight on a specific day within a
specific 30 or 60-minute timeframe. FAA Advisory Circular No. 93-1,
``Reservations for Unscheduled Operations at High Density Traffic
Airports,'' describes the procedures for obtaining a reservation
beginning 72 hours in advance of the proposed arrival or departure. The
FAA uses similar procedures during Special Traffic Management Programs
that are initiated during special events such as major conventions or
sporting events that cause temporary increases in airport demand.
Background
Since November 2003, O'Hare has suffered an inordinate and
unacceptable number of delays as the result of over-scheduling at the
airport, which was also having a crippling effect on the entire
National Airspace System. In August 2004, the FAA intervened by
ordering a limit on the number of scheduled arrivals at the airport
during the peak operating hours of 7 a.m. through 8:59 p.m. effective
November 1, 2004, so that the system could return to a reasonably
balanced level of operations and delay.\5\ On October 20, 2004, the FAA
published a notice of proposed rulemaking (NPRM) seeking public
comments on a proposed reservation system for unscheduled arrivals at
O'Hare (69 FR 61708). Effective November 1, 2004, the same date the
restrictions on scheduled arrivals took effect, the FAA implemented a
corresponding voluntary reservation program for unscheduled arrivals
using the general procedures followed during Special Traffic Management
Programs and the HDR. Consequently, many aircraft operators are
familiar with the procedures the FAA is adopting in this rule.
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\5\ Operating Limitations at Chicago Internaitonal Airport.
Docket No. FAA-2004-16944.
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In the NPRM, we discussed the background events that led the agency
to conclude that changes to the arrival system at O'Hare were necessary
and
[[Page 39611]]
provided a basis for the proposed SFAR. We specifically recognized that
the primary reason for the unacceptable congestion and delays at O'Hare
was due to increased arrivals of scheduled flights. We also recognized
that the overall number of unscheduled arrivals at O'Hare has been
stable. As each operation at the airport was disadvantaged and impacted
by the recent congestion, each operation correspondingly contributes to
the cumulative demand. The NPRM proposed retaining the historic average
number of weekday arrivals at O'Hare during peak hours for unscheduled
operations, which is four per hour. We did not propose an increase for
unscheduled arrivals beyond this average, except for the ability to
respond to favourable operating conditions by adding reservations when
permissible; but we also did not propose reductions similar to those
made by scheduled air carriers in March, June, and November of 2004.
The benefits achieved by the FAA's August 18 Order would dissipate
if certain operations at the airport remained capped but other
operations were permitted to grow. This rule will maintain the
historical level of unscheduled operations at O'Hare and support other
agency actions at O'Hare that address congestion and delay until
additional capacity exists at the airport.
Discussion of Comments
We received 12 comments during the comment period and six
additional comments after the closing date. Fifteen commenters opposed
the proposed rule, including the National Air Carrier Association
(NACA), Gannett, Alticor Aviation, Dow Chemical, National Air
Transportation Association (NATA), National Business Aviation
Association (NBAA), General Aviation Manufacturers Association (GAMA),
Illinois Department of Transportation, City of Chicago, Thomas Cook
Airlines, Blue Cross/Blue Shield of Tennessee, Mark Travel Corp., Apple
Vacations, and two citizens. The Air Transport Association (ATA)
supported the proposal. Two of the comments appear to be college
writing assignments and do not provide any new information or
suggestions.
Most of the objecting commenters support the need to require
scheduling changes by those carriers conducting scheduled service. They
argue that it is the increases in scheduled flights that caused the
congestion and the proposed solution here is unfair to those conducting
unscheduled operations. They contend that the proposal fails to address
the nature of charter, business, and general aviation operations. They
also argue that a significant number of passengers on unscheduled
flights connect to scheduled flights at O'Hare and that it is not
practical to operate at other Chicago area airports. Some commented
that there should be exceptions for flights supporting aircraft
maintenance and that small corporate aviation departments may be at a
disadvantage getting reservations in comparison to the greater
resources of larger aircraft operators. Furthermore, it is also argued
that the proposal unfairly impacts the fixed base operator at the
airport.
Public Charters
Four commenters (Thomas Cook Airlines, NACA, Mark Travel Corp., and
Apple Vacations) requested that we redefine the term ``unscheduled
operator'' and clarify that public charters are included in this
term.\6\ These commenters contend that although they are technically
``unscheduled operators,'' they typically plan their flight and other
tour arrangements anywhere from between 6 months and 1 year in advance
in order to obtain gates, customs approval and secure ground handling
agreements. Under Department of Transportation (DOT) regulations (14
CFR part 380), a public charter operator must file a prospectus with
the DOT that includes the flight schedule, a listing of the origin/
destination cities, dates, type of aircraft, number of seats and
charter price for each flight. These four commenters also state that
since these public charter flights may be scheduled up to one year in
advance, it is extremely difficult to assume responsibility for
arrangements such as gate handling, customs, hotel, and to only be able
to obtain a flight reservation at a key airport such as O'Hare 72 hours
in advance of the actual flight. For example, Apple Vacations provided
an example of a pending prospectus that it filed for flights between
December 2004 and December 2005, which covers 495 roundtrip operations
(including weekends and off-peak hours) between O'Hare and Cancun, and
O'Hare and various Caribbean and Mexican points. Moreover, DOT rules
prohibit a charter operator from cancelling a public charter for any
reason, except for circumstances that make it physically impossible to
perform the charter trip, less than 10 days before the scheduled date
of the departure of the outbound flight. (See 14 CFR 380.12.)
Consequently, these commenters propose that public charter operators be
permitted to obtain the arrival reservation six months prior to the
planned flight or at the same time that the public charter operator
files its prospectus at DOT.
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\6\ In the NPRM, we proposed that the term, unscheduled operator
include irregular charter, hired aircraft service, ferry flights and
other non-passenger flights.
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We agree that public charters should be included in the unscheduled
operation category at O'Hare, but find that these operations differ in
certain respects from other unscheduled operations and thus require
limited accommodations in this rule. In order to accurately define the
type of operations included in the category of unscheduled operations,
we have revised the definition of the term ``unscheduled arrival'' and
have included the terms public charter and public charter operator.
Both terms are defined in 14 CFR part 380, which sets forth DOT
regulations governing public charters. Section 380.2 defines a public
charter as a one-way or round-trip charter flight to be performed by
one or more direct air carriers that is arranged and sponsored by a
charter operator. This section also defines a public charter operator
as a U.S. or foreign public charter operator. We are adopting these two
terms as defined in 14 CFR part 380. In addition, we are removing from
the definition of unscheduled operation, ``irregular,'' as that term
does not accurately reflect public or on-demand charters, and we are
withdrawing the term ``unscheduled operator'' since it is unnecessary.
We also agree that the advance planning necessary for public
charter operations and compliance with 14 CFR part 380 justifies
certain relief from the proposed 72-hour window for obtaining an
arrival reservation.
We have reviewed operational data for the three carriers that
historically and regularly have conducted public charter operations at
O'Hare (USA3000 Airlines, Ryan International Airlines, and
TransMeridian Airlines). Recent data since October 2004 indicates that
these carriers average approximately four peak day (Thursday) arrivals
during the peak hours, mostly in the late afternoon and early evening
hours. The majority of these flights operate on less than a daily basis
and some operate to certain destinations on a seasonal basis. Mark
Travel indicates it did not increase operations in the January to July
2004 period over the level it conducted in the same period in 2003 and
NACA estimates there typically would be no more than six to eight peak
period public charter flights on a given day.
In determining that four arrivals per hour accommodates the
historic hourly
[[Page 39612]]
(weekday) level of unscheduled arrivals at O'Hare, we included public
charter operations, other charter and unscheduled flights that did not
appear in the Official Airline Guide. Under this rule, a minimum of 54
arrival reservations during the 14 controlled hours will be available
for general aviation and other unscheduled arrivals. This is expected
to be sufficient to meet the historic needs of general aviation, public
charter, and other unscheduled operators.
Based on this, we have included a limited exception to the 72-hour
period to accommodate the specific needs of public charter operations.
This rule provides that public charter operators may obtain up to one
reservation per hour up to six months in advance of the planned
arrival. This limitation appears to be sufficient to accommodate the
expected public charter demand, as described above. This provides
public charter operators with opportunity to obtain a daily total of 14
reservations well in advance and the flexibility to schedule their
arrivals throughout the peak period. Due to the DOT regulatory limits
on cancellation of public charter flights within 10 days of the flight,
cancellations of any advance public charter arrival reservations would
be available for inclusion in the regular 72-hour reservation pool.
The Airport Reservation Office (ARO) process was developed to
accept requests and issue reservations for a short window of time. For
public charter operations that seek a reservation between the dates of
6 months prior to the scheduled operation and 72 hours prior to the
scheduled operation, the FAA's Slot Administration Office is able to
accept and process these requests. Carriers seeking reservations for
public charter operations may follow the process proposed for any
entity seeking a reservation 72 hours in advance, or they may contact
the Slot Administration Office and provide the necessary information to
receive a reservation up to 6 months in advance, if available.
Public charter operators must provide the Slot Administration
Office with a certification that its prospectus has been accepted by
the DOT in accordance with 14 CFR part 380 for the flight requiring a
reservation; the call sign/flight number to be used for ATC
communication by the direct air carrier conducting the operation; the
date and time of the proposed arrival(s); origin airport immediately
prior to O'Hare and aircraft type. A public charter operator must
notify the Slot Administration Office of any changes to the above
information once a reservation has been allocated. If each of the
arrival reservations reserved for public charters has been allocated, a
public charter operator may request a reservation through the ARO
beginning 72 hours in advance.
Private Charter and Business Aviation
NATA claims that the proposed reservation system will have a
serious, adverse impact on charter and business aviation, arguing the
FAA has failed to consider the ``on-demand'' nature of these
operations. NATA further argues that simply arranging the planned time
for a particular flight should a reservation not be available is not a
practical solution since travellers rely on general aviation to make a
connecting flight out of ORD. The ability to easily connect to a flight
out of Chicago is particularly problematic for travellers coming from
remote communities.
The FAA finds NATA's comments in this regard unpersuasive. The
agency believes that the vast majority of charter and business aviation
can be easily accommodated under the reservation system implemented
today. A brief review of the voluntary reservation system in effect
since last November indicates that requests for reservations are fairly
evenly distributed throughout the 72-hour period provided, with
approximately one third of the reservations filled on each day. Thus,
reservations are likely available for on-demand operations.
Additionally, the FAA believes NATA has overstated the need to obtain a
reservation at a moment's notice. Most travellers connecting to a
scheduled flight out of ORD will have purchased a ticket for that
flight well in excess of 72 hours before its departure. Likewise, most
business meetings are scheduled sufficiently in advance that calling
for an arrival reservation up 72 hours in advance of anticipated
arrival should not pose a problem.
Military and Public Aircraft Operations
The Illinois Department of Transportation commented that flights
operated by and for the State of Illinois should be accommodated
notwithstanding the reservation limit, and that State business often
requires a tight time schedule utilizing the most efficient and
advantageous airport and ground transportation system. The City of
Chicago requests that since O'Hare handles very few military and public
use aircraft flights, these operations should be exempted from the
limits due to the critical nature of their schedules.
Historically under the HDR, military operations and public use
aircraft operations were subject to the reservation requirement. As
stated previously, this rule does not limit the airport to fewer than
the average number of unscheduled operations, including military and
public aircraft operations, that are currently conducted or have been
conducted since the HDR limits were eliminated in July 2002. This rule
does, however, spread these operations over several hours.
Military and public aircraft are subject to this final rule and are
expected to obtain reservations for most flights through the adopted
procedures using e-CVRS or the ARO. As provided for in proposed section
6.c. (now codified as section 7.c.), the FAA will accommodate non-
emergency flights in support of national security, law enforcement, or
similar requirements above the administrative limit with prior approval
by the FAA. We intended to include military operations and public use
aircraft operations in paragraph 7.c. However, we are clarifying the
regulatory text by specifically listing these operations. We anticipate
these exceptions to be limited. Since the operations must be approved
in advance by the ARO, changes to proposed arrival times may be
necessary to minimize impacts at the airport if needed. We do not
support a blanket exception for flights of this nature. The incremental
addition of just a few flights during peak hours cumulatively affects
the airport. Carriers conducting scheduled operations have had to
either reduce operations or limit growth to reach the manageable level
that exists today and most of the unscheduled arrivals at O'Hare will
be covered by this rule. While the FAA does not expect or intend for
unscheduled operators at the airport to be unfairly burdened, it
certainly is not fair to categorically exclude all military and public
aircraft flights while limiting general aviation and others with
similar time or operational constraints. The public interest is served
by permitting access for these flights but they still remain subject to
the rule.
Number of Arrival Reservations, Applicable Hours, and Other Operational
Issues
Several commenters indicated the number of arrivals should be
increased to six per hour (Apple Vacations, NACA and Thomas Cook
Airlines) based on the relative percentage of scheduled and unscheduled
reservations available under the HDR. As indicated earlier, we based
the average of four arrivals per hour on recent, historic average
unscheduled arrivals. While comments were submitted regarding the
impact that the closure of Meigs Field has had
[[Page 39613]]
on O'Hare, traffic previously conducted at Meigs has already been
accommodated at O'Hare and other airports in the area, and is already
included in the determination of the four arrivals per hour. However,
historic usage after the slot controls were eliminated does not support
establishing a pool of six unscheduled arrivals per hour simply because
scheduled arrivals have increased during the same time. Thus, we do not
find a basis to increase the hourly allotment of four reservations to
six.
The City of Chicago requested we include some flexibility in the
rule for the unscheduled operations arrival rate when unique local
events are taking place in the Chicago area. The City further requested
that the reservation program commence at 8 a.m. rather than 7 a.m., as
proposed in the notice. The City contends that moving the restrictions
an hour later will allow business executives to schedule a morning
meeting in the 8:30 a.m. or 9:30 a.m. time periods and not be in doubt
about their ability to make the meeting because they would not need to
get a reservation. The City argues that air traffic tends to be lower
in the 7-7:59 a.m. timeframe in comparison to the rest of the day.
We have reviewed the proposed hours of limitations and are
eliminating the proposed restrictions on Saturdays and until noon on
Sundays since total demand during those periods is typically within
average airport capacity. We are concerned that eliminating all
restrictions in the 7 a.m. hour for unscheduled arrivals, and possibly
a corresponding elimination for scheduled arrivals, would lead to
demand immediately before the 8 a.m. hour, which could place the
airport in an early morning delay situation. While we have decided to
retain the reservation requirement for weekdays beginning at 7 a.m.,
the rule does provide that the FAA may make additional reservations
available should capacity exist and significant delays not be expected.
The FAA intends to use that authority to provide opportunities for
reservations for unscheduled operations when arrivals set aside for
scheduled operations are not expected to be used; when capacity exists
in the system; and when events or other local circumstances warrant
special consideration. We believe the flexibility to add reservations
in positive operating conditions could allow greater access by general
aviation and other unscheduled operations without the risks of having
to implement restrictions later in the day.
The General Aviation Manufacturers Association (GAMA) commented
that visual flight rules (VFR) flights should be accommodated as space
is available in real-time, and should not require an advance
reservation. The FAA's review indicates the number of unscheduled VFR
arrivals at O'Hare is minimal, and since they occur when operating
conditions are favorable, typically there is capacity to accommodate
additional operations. FAA air traffic control procedures also provide
that these VFR flights will be accommodated as traffic and workload
permits. Therefore, the limits on unscheduled VFR arrivals will not be
necessary and the final rule excludes these flights. GAMA further
comments that arrival reservations should not apply to any runway less
than 5,000 feet in length that does not intersect with another runway
greater than 5,000 feet in length. The FAA established historic levels
of arrivals at O'Hare based on experience with the airport acceptance
rates, different runway configurations, and operating conditions. We do
not find it feasible to exempt unscheduled arrivals utilizing specific
runways since an operator could not be certain it would be cleared to
land on a qualifying runway until shortly before arrival.
NACA also requested that the FAA accommodate flights that want to
arrive at O'Hare as a result of designating O'Hare as an alternate
airport for flight planning purposes. There are various types of
restrictions that may be applicable to a particular airport. Due to
runway configuration, certain aircraft may not be able to operate at an
airport. There may be noise restrictions, departure procedures, and
other operational procedures that must be factored into flight planning
purposes and the selection process of an alternate. This reservation
system at O'Hare must be considered as such a restriction. It is a
traffic management tool and if an unscheduled IFR operation intends to
use O'Hare as an alternate, that operator must be prepared to meet all
the requirements necessary to operate at the airport, including a
reservation. While O'Hare may be the preferable choice as an alternate
from the operator's view, it is not feasible to exacerbate the
cumulative impacts of demand by both scheduled and unscheduled service.
The reservation requirement unquestionably does not apply in the case
of an emergency. However, while not prepared to categorically permit
the regular use of O'Hare as an alternate airport and not have the
required reservation, we recognize there may be circumstances when
safety or other considerations lead an operator to arrive at O'Hare
without a reservation and current regulations provide for those cases.
Foreign Air Carriers
NACA opposes exclusion of unscheduled flights by foreign air
carriers from the requirement to obtain a reservation to arrive at
O'Hare and comments that excluding foreign fifth freedom charter
operators to abide by the reservation system will give foreign charter
air carriers and enormous competitive advantage over U.S. charter
carriers.
Given our decision on public charter operations, which is the main
focus of NACA's concern, we do not find that the exclusion of foreign
air carriers from the provisions of this rule will result in any
competitive advantage over U.S. carriers conducting charter operations.
Under the adopted provisions for public charter operations, the
reservation is requested by and allocated to the public charter
operator, regardless of whether the charter is operated by a U.S. or
foreign air carrier. The public charter operator retains the discretion
to select the direct air carrier. Thus, this rule does not provide any
advantage to a public charter operator to select a U.S. certificated
carrier or a foreign air carrier.
With respect to non-public charter operations by foreign air
carriers, which also will not require a reservation, these operations
account for a de minimus level of activity at O'Hare and are either
covered by bilateral agreement between the foreign carrier's homeland
and the United States (to which NACA does not object) or are authorized
by the Department of Transportation subject to public interest finding.
Therefore, we do not believe that excluding these operations from the
reservation requirement will have an adverse impact on U.S. charter
carriers.
Effective Date
On March 21, 2005, the FAA extended the August 18, 2004 Order on
scheduled arrivals at O'Hare through Saturday, October 29, 2005 (70 FR
15540; March 25, 2005). This SFAR is effective through Friday, October
28, 2005, since the adopted limits for unscheduled arrivals do not
apply on Saturdays. The FAA also issued an NPRM on March 18, 2005,
inviting comment on alternatives to address congestion at O'Hare,
ranging from letting the current limits on scheduled and unscheduled
arrivals expire, to adopting limitations on operations through April 5,
2008, which is when additional capacity might become available or
market-based approaches are implemented. (70 FR 15520; March
[[Page 39614]]
25, 2005). The FAA expects that similar actions on limitations and the
potential duration would be taken for both scheduled and unscheduled
operations. If a rule is adopted to limit scheduled arrivals at O'Hare,
the FAA would consider extending this SFAR for a similar duration.
Several commenters, including NATA, NBAA, and some of the corporate
aircraft operators, raised concerns that the reservation system was a
reimposition of the expired HDR. NBAA notes that the HDR began as a
temporary measure but remained in place for many years. NBAA comments
that the rule should only apply for 6 months. GAMA recommends that the
FAA establish a formal review process, perhaps on a two-year basis, to
determine if limits are still needed.
We agree that a sunset provision is appropriate and this rule will
expire on October 28, 2005. The NPRM on alternatives to address
congestion at O'Hare after that date will consider issues such as the
duration of any proposed limits and periodic reviews such as GAMA
suggested. The agency will consider whether this SFAR should be
extended if necessary.
Paperwork Reduction Act
Information collection requirements associated with this final rule
have been approved previously by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), and have been assigned OMB Control Number 2120-0694.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA submitted a copy of the new information collection
requirements(s) in this final rule to the Office of Management and
Budget (OMB) for its review. OMB approved the collection of this
information and assigned OMB Control Number 2120-0694.
This final rule establishes a reservation system to limit the
number of unscheduled aircraft arrivals at Chicago's O'Hare
International Airport (O'Hare) 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. We received no comments from the
public that specifically discussed information collection.
An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid OMB control number.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Economic Assessment, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, this Trade
Act requires agencies to consider international standards and, where
appropriate, that they be the basis for U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation).
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If it is determined that the expected cost impact is so
minimal that a proposal does not warrant a full evaluation, this order
permits a statement to that effect and the basis for it be included in
the preamble and a full regulatory evaluation cost benefit evaluation
need not be prepared. The FAA did make such a determination for this
final rule.
This final rule will apply to unscheduled instrument flight rule
(IFR) arrival operations at O'Hare. For purposes of this rule,
unscheduled arrivals are those conducted as public, on-demand and other
charter flights, hired aircraft service, ferry flights, general
aviation, and other non-passenger flights. In this economic evaluation,
we have considered the effects on operators of on-demand charters, and
public charters both domestic and foreign, general aviation, military,
and public use flights.
The FAA used the Air Traffic Control System Command Center's
(ATCSCC) Enhanced Traffic Management System (ETMS) data to determine
the historical count of unscheduled arrivals at O'Hare. The ETMS
database records all flights with flight plans conducted at the
airport. The unscheduled flights are defined to include all flights not
listed in the Official Airline Guide (OAG) reported in FAA Flight
Schedule Data System (FSDS) database. Since this system is updated
daily to reflect any changes, it gives an accurate list of scheduled
operators and the number of scheduled arrivals planned for O'Hare.
Therefore, O'Hare's unscheduled demand is determined by subtracting all
OAG scheduled flights from the total flights reported in the ETMS
database.
The FAA analyzed both annual and monthly arrivals at O'Hare over
the 2000-2005 periods. We found that unscheduled arrivals are a small
and stable share of all flights conducted at O'Hare. As there is little
variation in the flight arrival distribution by major passenger group
across the monthly arrivals from January 2004 through March, 2005, we
used the most current month, March, 2005, for the detailed discussion
that follows. Table 1 shows O'Hare's monthly and average daily arrival
count for scheduled and unscheduled arrivals by major passenger group
during March 2005.\7\ These unscheduled flights were conducted by on-
demand air taxis, public charters, general aviation, military, and
public use operators. Daily, there were 1,352 arrivals, with 1,322
scheduled arrivals by domestic and foreign operators, accounting for
97.8 percent of the total arrival flights at O'Hare. There were 30
daily unscheduled arrivals, which includes 4 unscheduled cargo
arrivals, accounting for 2.2 percent of the total O'Hare arrivals.
---------------------------------------------------------------------------
\7\ The FAA considered monthly data from January 2000 through
March 2005. The comparison with other months indicates the results
are similar to the March 2005 data.
[[Page 39615]]
Table 1.--Distribution of O'Hare Monthly and Daily Arrivals: March 2005
----------------------------------------------------------------------------------------------------------------
Hourly
Number of Actual Average daily arrivals for Percent
operators arrivals arrivals 14-hour day
----------------------------------------------------------------------------------------------------------------
Domestic Scheduled Arrivals..... 39 39,520 1,275 91.06 94.3
Scheduled Passenger/Cargo... 29 39,001 1,258 89.86 93.1
Scheduled Cargo Only........ 10 519 17 1.20 1.2
Domestic Unscheduled Arrivals... 45 932 30 2.15 2.2
Unscheduled Passenger/Cargo. 39 820 26 1.89 1.9
Unscheduled Carrier Cargo 6 112 4 0.26 .3
Only.......................
Foreign Scheduled Arrivals...... 43 1,451 47 3.34 3.5
Scheduled Passenger/Cargo... 39 1,342 43 3.09 3.2
Scheduled Cargo Only........ 4 109 4 0.25 .3
Total O'Hare Arrivals... 127 41,903 1,352 96.55 100.0
----------------------------------------------------------------------------------------------------------------
To estimate the compliance cost of this rule, we first identify who
would incur the potential costs. In particular, we wanted to identify
operators flying for commercial reasons where arrival constraints could
be burdensome. Private, noncommercial operators have substantially more
arrival flexibility than a public charter or air taxi operator. To
identify the operators that may be affected by this rule, we looked at
individual flights in the ETMS database for March 2005. We identified
about 45 operators conducting unscheduled arrivals at O'Hare.\8\
General aviation operations are the largest share of the 932 arrival
flights during March 2005. The general aviation operators conducted 431
unscheduled arrivals, or nearly 46 percent of the total unscheduled
arrivals. Analysis of monthly data suggest the number of general
aviation flights at O'Hare have remained stable. Besides the general
aviation operators, we identified three public charter operators
conducting 228 unscheduled arrivals, three military or public use
operators conducting 9 unscheduled arrivals, and about 36 on-demand air
taxis providing passenger or cargo flights, which accounted for 264
unscheduled arrivals.
---------------------------------------------------------------------------
\8\ The general aviation flights were aggregated and not
identified by individual operator in the ETMS database, which is
used in this regulatory evaluation to identify scheduled and
unscheduled operations.
---------------------------------------------------------------------------
On-demand Air Taxi and Public Charter Flights--These operators are
typically, either on-demand air taxi flights that operate unscheduled
air transport service for hire under 14 CFR part 135, or public charter
flights governed by 14 CFR part 380. Most on-demand air taxi operators
provide air transport services to serve customers who desire a flexible
schedule.
Public charters provide low-cost air transport service with fairly
firm, future travel schedules. Public charter flights may include only
the flights, or be sold as a package and include hotels, guided tours,
and ground transport. The Department of Transportation (DOT) requires
public charter operators to register with the Office of Aviation
Analysis, Special Authorities Division and to file a prospectus before
they operate, sell, or receive money from any prospective participant.
The prospectus (14 CFR 380.25) must spell out all the terms of the
contract with a prospective participant as well as all travel schedules
and itineraries. While public charter flights and ground arrangements
are subject to change, operators cannot cancel a public charter fewer
than 10 days before departure, except under restrictive rules. Under
this final rule, the FAA provides a limited waiver of the 72-hour
advance reservation provision for public charters. Under this final
rule, one arrival reservation per hour can be requested as early as 6
months before the arrival date.
General Aviation Flights--General aviation at O'Hare usually are
private, corporate, or business flights. These general aviation flights
account for a small share of all flights at O'Hare, but represent the
largest share of unscheduled arrivals at O'Hare. General aviation
operators have substantially more arrival-time flexibility than the
for-hire operators.
Of the total 932 unscheduled arrivals in March 2005, 431 arrivals
were classified for the purposes of this analysis as general aviation.
This is less than 1 flight per hour for the 14-peak hour periods
applicable to this rule. Foreign Flights--The rule will not affect
foreign carriers. Under this rule, foreign public charters will operate
under Part 380 in the same manner and conditions as U.S. registered
operators. The rule provides limited exception to the 72-hour advance
reservation requirement for public charter operators. Given the special
filing requirements for public charters, the FAA will allow operators
to request one arrival reservation per hour and allocation up to 6
months, rather than only 72 hours, before the flight.
Military and Public Use Flights--No significant change is expected
for military or public use operations. The arrival limit is consistent
with the historical number of unscheduled arrivals, including those of
military and public use aircraft. FAA intends to grant non-emergency
flights in support of national security, law enforcement, or similar
requirements above the arrival limit on a case-by-case basis with prior
FAA approval. However, the FAA does not intend to provide a blanket
exception for this category of user and it is expected that most of
these flights will obtain reservations using the same procedures as
other unscheduled operators.
Visual Flight Rule Arrivals--The hourly limit for unscheduled
arrivals applies to IFR arrivals, not to unscheduled VFR arrivals. The
FAA Air Traffic Control procedures currently allow VFR flights under
favorable weather and ATC conditions.
Economic Impacts on Unscheduled Operators
The FAA evaluated the following three cost categories that may
occur because of this final rule to assess the potential impact on
unscheduled operators and their passengers:
Unscheduled reservations requirements under the 72-hour
advance reservation procedures
Potential lost revenue because of restricted flights at
O'Hare
Use of alternative airports--ground transport and
passenger's value of time costs
The summary results of these potential costs suggest that this rule
will have a minimum impact on the affected entities. The private
reservation costs will be less than $2.00 per reservation, or only
$14,611 for the 6-month period of this rule. The FAA also estimated the
public reservation costs resulting from this rule will be $16,119 for
the 6-month
[[Page 39616]]
period used in this analysis. The FAA will be able to grant arrivals
for nearly all unscheduled operators with modest changes to arrival
time. If the available reservations are not acceptable to the operator,
they will still have the choice of using an alternative airport. For
purposes of estimating the upper limit of potential costs of this rule,
the FAA estimates the potential costs for ground transportation and
passenger value of time for using an alternative airport such as Midway
will be $9,600 or $160 per round-trip for the affected passengers.
However, since the historical number of unscheduled arrivals at O'Hare
has been 4 or less, FAA expects only a few flights may use an
alternative airport. Further, unscheduled operators will not lose
revenue because of this rule, since the total unscheduled flights to
Chicago will not be reduced. Therefore, the FAA expects the potential
costs incurred by unscheduled operators, their passengers, and the FAA
because of this rule will be de minimus. A detailed discussion of each
cost category is provided below.
Reservation Costs for Unscheduled Arrivals
For this analysis, the FAA estimated the total private and public
costs to place reservations for unscheduled arrivals would be $30,730.
Historically under the high-density rule (HDR) at O'Hare, unscheduled
operators could request reservations up to 48 hours before the arrival.
It was extended to 72 hours in 2002. Under this final rule, unscheduled
arrivals at O'Hare may request a reservation beginning 72 hours in
advance, except for public charters, who may request reservations
beginning 6 months before the arrival date.
The reservations made 72 hours in advance or less must be made with
the FAA's Airport Reservation Office (ARO) using the Enhanced Computer
Voice Reservation System (e-CVRS), which is already in use at O'Hare
and other designated airports. Reservations will be assigned on a 30-
minute basis, with not more than two arrivals in a half-hour period.
Operators can request a reservation using touch-tone telephone, an
Internet web interface using electronic information technology,
automated telephone systems and calls direct to ARO. As these systems
are already in place, the unscheduled reservations need no new capital
or equipment. Reservations requested up to 6 months in advance are made
through the Slot Administration Office.
For the approximately 6-month period for which the proposal would
be in effect, we estimate these operators will make more than 10,000
reservations, requiring more than 20,000 minutes (340 hours), and
costing $14,611. This private cost estimate for the reservation
requirement equals the added labor costs to place reservations for
unscheduled arrivals. The FAA expects pilots or flight engineers to
make the unscheduled flight reservations. The pilots of unscheduled
flights perform many non-flying duties including record keeping and
scheduling. The fully burdened rate is $43.01 an hour for airline
pilots, copilots, flight engineers, and those of commercial pilots for
unscheduled air transport using the Bureau of Labor Statistics'
Occupational Employment Statistics series. The FAA estimates each
reservation will take two minutes. At the fully burdened labor rate of
$43.01 an hour the reservation costs would be less than $2 per
reservation for unscheduled flights. Therefore, the FAA expects the
costs to unscheduled flight operators will be small.
For the same two-minute reservation, we estimated public cost based
on a GS 13-Step 5-level employee ($47.44 an hour) approving the
reservation. At a fully burdened rate of $47.44 an hour, the total
public costs will be $16,119.
Potential Lost Revenue Due to Limits on Unscheduled Arrivals
The FAA does not expect operators of unscheduled arrivals at O'Hare
to lose revenue because of the hourly limit during the restricted
periods. The limit of four arrivals an hour during the restricted hours
does not reduce the historic average number of unscheduled arrivals at
O'Hare, but instead, requires operators to spread the arrivals more
evenly throughout the service day. The FAA does not expect the
unscheduled arrivals to be affected, since the limit set in this rule
matches the long-term hourly average.
Under the reservation procedures, the FAA will offer operators the
closest available half hour, if the requested reservation is not
available. Given the historical dispersion of arrival flights
throughout the day at O'Hare, the FAA expects most reservation requests
can be accepted.
We initially computed the historical average hourly arrivals per
day of week using the unscheduled arrival data from FAA's ETMS data
system, for January 4-July 24, 2004, the 7-month period preceding FAA's
August Order for scheduled operations. The average hourly arrivals
ranged from 2.7 to 4.0 arrivals an hour, depending on the day of week.
Using the March 2005 ETMS data shows the actual unscheduled arrivals at
O'Hare are within the four hourly limit.\9\ While some past hourly
arrivals exceeded the hourly limit set in this final rule, on average,
arrivals at O'Hare have been within the 4 hourly limit. If future
arrival reservation requests exceed the limit, these flights may shift
to other times in the restricted period, when flights fall below the
limit or use alternative airports close to O'Hare.
---------------------------------------------------------------------------
\9\ March 2005 data is representative of the monthly flights in
other periods from January 2004 through March 2005.
---------------------------------------------------------------------------
The hourly distribution of unscheduled arrivals shows there are
unused arrival slots throughout the service day. Unscheduled operators
can shift the arrival time or day to use these available arrival slots,
or arrive before 7 a.m. Therefore, the limit of four unscheduled
arrivals an hour should not decrease the number of daily, unscheduled
operations. Further, ATC may allow more flights when they decide
weather and conditions are acceptable. The FAA concludes that this
final rule will not reduce the number of daily, unscheduled arrivals at
O'Hare.
Costs of Using Alternative Airports
The FAA has also considered potential costs to operators and
passengers if they cannot obtain arrival reservations at their desired
time at O'Hare. Since the FAA will grant reservations based on a first-
come first-served basis, it is possible some desired arrival times at
O'Hare will not be available. The costs of using alternative airports,
if any, would most likely be incurred by the passenger as a pass
through from the operator.
To identify the likely occurrence of using an alternative airport,
FAA used the results of g ATC's ETMS data analysis This analysis
provided the average daily arrivals by hour and day of week for the 7-
month period from January 2004 through July 2004. During this period,
the average unscheduled arrivals exceeded the 4-hour limit only 8
times, or .7% of the periods covered. Further, given the 30 average
daily unscheduled arrivals in March 2005, suggest there may be some
unused reservations during several of the 14-hour peak periods.
Therefore, FAA expects only a few flights will choose to land at an
alternative airport. However, if the alternative arrival time is not
acceptable, then the operator can choose to use another airport close
to O'Hare, such as Chicago's Midway Airport. This may be the case if
the passenger needs direct access to O'Hare for a connecting flight or
other reasons. These passengers may incur the added costs of ground
[[Page 39617]]
transport and lost passenger time to travel to O'Hare.
O'Hare is about 22 miles (about 40 minutes in travel time) from
Midway. In this case, the passenger will incur the costs of ground
transport and passenger time to travel by airport shuttle, local train,
or limousine service from the alternative airport to O'Hare. Airport
shuttles between Midway and O'Hare typically cost less than $20 per
trip; the local train between Midway and O'Hare costs $2.50 per trip;
and private limousine service cost is expected to be less than $100 per
trip. The FAA estimates the passenger's value of time\10\ to be to
$28.60 an hour. Therefore, for a 40-minute trip, the value of passenger
time for the extra travel between Midway and O'Hare will be about $20.
Our analysis indicates the average cost would be $160 per trip for each
affected passenger. FAA estimates the total costs would be $9,600 for
60 passengers over the 6-month period for 15 flights, each carrying an
average of 4 passengers. FAA believes the use of an alternative airport
will not be required very often, since the actual unscheduled arrivals
at O'Hare have consistently remained at 4 or less arrivals per hour. In
summary, the FAA expects this final rule will help reduce system delays
and the associated costs, while the economic costs of arrival
restrictions will be small. As the rule will restrict only those
unscheduled arrivals under instrument flight rules, all visual flight
rule flights can continue as before. As discussed above, we estimated
the total private reservation costs of this final rule to be $14,611
and so will be de minimis. The public reservation costs will be
$16,911. After examining O'Hare's hourly operations, the FAA determined
that all unscheduled arrivals at O'Hare can be accommodated and meet
the constraint of four arrivals an hour. However, some planned arrival
times may need to be shifted somewhat to available reservation times.
Some may choose to arrive at an alternative airport close to O'Hare.
While these costs, are unlikely, the FAA estimates that if they were
applicable, they would be about $9,600 for the 6 month period, and so
de minimis. Further, the FAA has made exceptions for the unique
circumstances of public charters and plans to grant added reservations
for unscheduled operations if the ATC weather, capacity, and delay
conditions at O'Hare are favorable. Thus, this rule provides system
delay benefits at a minimal cost.
---------------------------------------------------------------------------
\10\ Values for passenger time are provided in ``Treatment of
Values of Passenger Time in Air Travel'' in the FAA Report, Economic
Values for FAA Investment and Regulatory Decisions: A Guide, June
2004.
---------------------------------------------------------------------------
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify and a regulatory flexibility analysis
is not required. The certification must include a statement providing
the factual basis for this determination, and the reasoning should be
clear.
Just as in the initial regulatory flexibility analysis the FAA
expects there will be a substantial number of small entities affected
by this final rule, however, the economic effect will be insignificant.
Final Rule Summary
This rule will address the unacceptable number of delays Chicago
O'Hare International Airport. Under this final rule (1) unscheduled
operations are limited to four arrivals per hour during the period 7
a.m. through 8:59 p.m. central time, Monday through Friday, and 12
through 8:59 p.m. on Sunday; (2) unscheduled operators must request
arrival reservations, beginning 72 hours in advance; and (3) one
arrival reservation per hour is available to public charter operators
beginning 6 months before their planned arrival times. This final rule
will ensure the effectiveness of the flight limits placed on scheduled
arrivals at O'Hare as set up in the Administrator's Order issued August
18, 2004. This final rule will be in effect beginning 30 days after
this final rule is published through October 28, 2005. The FAA's
economic assessment covers a 6-month time period.
Public Comments
There were two comments about the FAA small entities determination
in the initial regulatory analysis. The U.S. Small Business
Administration filed a comment about the methodology and findings in
the preliminary Regulatory Flexibility Determination. The FAA responded
directly to SBA and in the discussion below. In addition, the National
Air Transportation Association raised similar concerns about how FAA
addressed the requirements of the Regulatory Flexibility Act.
FAA Response: The FAA has conducted a rigorous examination of the
possible impacts of this final rule on small entities. The FAA has
considered both the efficiency and equity of limiting flights of
unscheduled operators while setting the arrival limits for scheduled
operators under the August 2004 Order. In determining the effect of
this final rule on small entities, we have estimated the historical
number of unscheduled arrivals and reviewed the hourly distribution of
these flights throughout the service day.
The FAA conducted analysis first for the August Order, which placed
a cap on scheduled operations at O'Hare. Then, we conducted another
analysis for the Notice of Proposed Rule Making (NPRM: Congestion and
Delay Reduction At Chicago's O'Hare International Airport, Federal
Register, March 22, 2005 (70 FR 15520; March 25, 2005)). During the
initial analysis in support of the August 2004 order, the FAA examined
airport arrivals over the 140 weekdays from November 3, 2003 through
May 14, 2004. We found that O'Hare had an average of 90 arrivals an
hour in all weather. This included an average of 86 scheduled and four
unscheduled flights during the peak periods from noon though 6:59 p.m.,
when the arrival demand at O'Hare is highest. Therefore, the limits set
for unscheduled arrivals measure the maximum average capacity of the
airport during various weather, runway, and operating conditions. The
FAA reexamined the average number of unscheduled flights at O'Hare for
the 7-month period, January 4-July 24, 2004. We found the average of
four unscheduled arrivals continued to be an accurate and stable
estimate of unscheduled operations at O'Hare. Based on the historical
count of unscheduled arrivals and the hourly distribution throughout
the service day, we expect the hourly arrival limit set in
[[Page 39618]]
this rule to allow nearly all the unscheduled arrivals. For a few
arrivals, some operators may have to adjust their arrival times. More
recently, in March 2005, FAA reviewed the unscheduled operations at
O'Hare. Consistently, the number of unscheduled arrivals have been
stable and within the four-hour limit established in this rule. This
final rule does not apply to unscheduled flights that fly Visual Flight
Rules (VFR) procedures. As discussed in the regulatory evaluation, VFR
arrivals can continue to operate, as before. Many of these operators
are likely to be small entities.
Number of Affected Entities
The FAA estimated the number of entities affected by this proposed
rule, as well as which of these entities may be small entities.
The U.S. Bureau of Census, 2002 Economic Census for Air
Transportation (issued July 2004) estimates there are nearly 2,173
establishments providing unscheduled air transportation service in the
United States. Of these establishments, there were 1,455 providing
unscheduled chartered passenger air transportation; 240 providing
unscheduled chartered freight air transportation, and the remaining 478
providing other unscheduled air transportation services. Under the U.S.
Small Business Administration's industry size standards by North
American Industry Classification System (NAICS) codes, unscheduled
chartered passenger air services (NAICS 481211) and unscheduled
chartered freight air transportation services (NAICS 481212) with fewer
than 1,500 employees (except offshore marine air transportation
services with less than $23.5 million in annual revenue), and other
unscheduled air transportation services with annual revenue of less
than $6 million, are classified as small entities.\11\
---------------------------------------------------------------------------
\11\ U.S. Small Business Administration Table of Small Business
Size Standards matched to North American Industry Classification
System (NAICS) Codes, January 28, 2004.
---------------------------------------------------------------------------
In 2004, the FAA reported the results from a national survey of the
air taxi industry, comprised mostly of establishments providing on-
demand flights.\12\ The survey results, which used 1997 Census data,
identified more than 3,000 unscheduled operators and found that most of
these operators were small entities. Over 50 percent of the passenger
and cargo operators surveyed had five or fewer employees; and fewer
than 50 unscheduled operators had more than 100 employees. Further, the
largest number of operators had between 1-5 aircraft.
---------------------------------------------------------------------------
\12\ The survey included all on demand operations with
rotorcraft; all on-demand passenger operations with airplanes of 30
passenger seats or less and a maximum payload capacity of 7,500
pounds or less; scheduled passenger operations of less than five
round trips per week on a least one route between two or more points
according to the published flight schedule; and aircraft operations
with nine passenger seats or less and a payload under 7,500 pounds
used in scheduled passenger operations (i.e. five or more round
trips between two or more points) that can also operate under the
on-demand regulations.
---------------------------------------------------------------------------
While any of these operators may request reservations to land at
O'Hare, the FAA identified about 45 unscheduled operators that were
doing business at O'Hare in March 2005. Of the 45 operators providing
unscheduled arrivals at O'Hare, most are expected to be small entities.
This finding is consistent with results of the 2002 Economic Census for
the Air Transportation industry, and with recent results of the
national survey of air taxi operators. The national survey reported
that 90 percent of unscheduled operators have fewer than 25 employees,
operate less than 10 aircraft, and have annual revenue less than $5
million.
We identified the unscheduled operators arriving at O'Hare in the
following manner. First, we obtained the total number of operations by
operator from the FAA's Enhanced Traffic Management System (ETMS)
database, and the scheduled arrivals published in the Official Airline
Guide (OAG) database. By subtracting scheduled arrivals from the total
arrivals, what remains is the unscheduled operations. Next, we excluded
unscheduled operators that exceeded small size standards established by
the U.S. Small Business Administration of 1,500 employees for
unscheduled passenger and freight operations, and $6 million for other
unscheduled operations.
To confirm whether the unscheduled operators at O'Hare were small
entities, the FAA used the Department of Transportation Form 41 reports
and recently published corporate financial reports of carriers
operating unscheduled arrivals. Of the nearly 45 unscheduled operators
at O'Hare, the FAA identified 16 unscheduled passenger operators and 8
cargo operators that are classified as small entities according to the
size standards of the U.S. Small Business Administration. Many of the
general aviation operators are also expected to be small. Given the
affected small entities identified in March 2005, more than 100 small
entities are likely to be affected by this final rule over the six-
month compliance period. On this basis, the FAA concludes there will be
a substantial number of small entities likely to be affected by this
final rule.
Cost Impact and Reporting and Recordkeeping Requirements
While the FAA expects there will be a substantial number of small
entities affected by this final rule, the economic effect is expected
to be small.
Under the reservation system, unscheduled operators will be granted
reservations on a first-come, first-served basis during a given 30-
minute segment. If a reservation request for a specific 30-minute
reservation is not available, these operators will be offered the
closest, available reservation times. Therefore, these unscheduled
operators will have the alternative and discretion of shifting the
unscheduled operations to the next available reservation, access an
alternative airport, or even arrive before or after the restricted
flight periods. Given the hourly distribution of unscheduled arrivals,
the FAA expects that most operators will be able to find an acceptable
arrival reservation. The FAA intends to allow more arrivals during the
restricted periods, whenever Air Traffic Control determines the
weather, and delay conditions are favorable.
Under this final rule, unscheduled arrivals at O'Hare will be
required to place reservations beginning 72-hours in advance. Public
charter operators may request a reservation up to 6 months prior to
operation. The FAA has made one reservation per hour available for such
requests. These requests are filed with the FAA Slot Administration
Office using established procedures and equipment. The reservations for
unscheduled flights must be made with the FAA's Airport Reservation
Office (ARO) using the Enhanced Computer Voice Reservation System (e-
CVRS). This reservation system is already in use at O'Hare and other
designated airports. The reservations could be made using touch-tone
telephone, an Internet Web interface using electronic information
technology, automated telephone systems and calls directly to ARO.
Thus, the unscheduled reservation system would not require new capital
or equipment.
These reservation costs are estimated to be less than $2.00 per
reservation, or $14,611 for the 6-month period used in this analysis.
The FAA assumed pilots or flight engineers would make the unscheduled
flight reservations. The pilots of unscheduled flights such as general
aviation, charter operators, and business aircraft operations perform
many non-flying duties, which include
[[Page 39619]]
recordkeeping and scheduling. The FAA estimates it would take each
operator 2 minutes per reservation at the fully burdened labor rate of
$43.01 per hour (the average of annual earnings data for airline
pilots, copilots, and flight engineers, and those of commercial pilots
for unscheduled air transportation provided in the Bureau of Labor
Statistics' Occupational Employment Statistics series). For the 6-month
period used in this analysis, the reservation costs would be $14,611,
assuming the operators make more than 10,000 reservations, requiring
more than 20,000 minutes (340 hours) over the 6-month period the rule
would be in effect. Thus, the costs would be less than $2 per
reservation for the individual respondents or recordkeepers making the
reservations for unscheduled flights.
Looking at the average number of unscheduled arrivals for the 30-
day period of August 2004, the FAA found an average of 3 unscheduled
arrivals per hour. Again, examining the historical arrivals of
unscheduled operations by day of week during the January 4-July 24
period, suggests that for most days of the week, there will be four or
fewer arrivals per hour. The average daily arrivals by day of week
ranged from 2.7 to 4.0 hourly arrivals during this 7-month period.
During March 2005, there were approximately 2 unscheduled arrivals for
all operators during the 14-hour periods the limit is in effect during
the weekday. The FAA expects that unscheduled operators, including each
of the small entities, can continue operating at their historical
levels under this final rule. Therefore, it is unlikely this rule will
preclude small entities from operating at O'Hare. However, they may be
required to spread their arrivals more evenly throughout the service
day.
Further, if small operators are restricted under this rule, then,
they may choose to arrange to arrive at alternative airports, close to
O'Hare. If so, they will incur ground transportation costs of $9,600
over 6 months. In this circumstance, the FAA expects the passenger, and
not the firm, to incur the added ground transportation costs, as well
as the value of passenger time. Even so, these transportation costs are
minor for a passenger of an air taxi. Airport shuttles between Midway
and O'Hare typically cost less than $20 per trip; the local train
between Midway and O'Hare cost only $2.50 per trip; and private
limousine service cost are expected to be less than $100 per trip. The
value of passenger time to travel to and from an alternative airport
such as Chicago's Midway Airport would be about $20. FAA estimates the
average costs to the passenger of using an alternative airport would be
about $160. Thus, FAA does not expect small operators or their
passengers to incur significant economic costs because of this rule.
Alternatives and Efforts To Minimize Economic Impact
After considering comments, the FAA has changed proposed
reservation rules for public charter service. These operators have
unique circumstances. Because public charters are required under 14 CFR
part 380 to give a notice of cancellation before 10 days of the planned
departure, the FAA has made some arrival reservations available for
request up to 6 months prior to operation. Because this rule is needed
to ensure the total number of arrivals at O'Hare will not result in
unmanageable delays, the FAA considered lower alternative arrival
limits. The FAA chose four unscheduled hourly arrivals to lessen the
impact on these operations. This limit recognizes historic operational
levels, while still achieving the expected decrease in delays.
Conclusion
The FAA intends for this rule to complement the scheduled flight
reductions in place at O'Hare under the August Order. The FAA expects
to reduce delays and therefore to minimize the economic impact on small
entities, as well as other operators at O'Hare. The FAA did not change
the operating environment for flights operating under visual flight
rules. Many of these operators are expected to be small operators,
which will not be affected by this final rule. For those small entities
that are flying under instrument flight rules, costs resulting from
reservation requirements at O'Hare, or the use of alternative airports
will be minor. We expect only a few operators will have to adjust their
arrival time. Given the historical unscheduled arrivals at O'Hare, FAA
expects most unscheduled arrivals will be able to continue to arrive at
O'Hare. Further, the FAA expects that small entities, along with all
O'Hare operators, will benefit from reduced congestion and delays
resulting from the flight limits on scheduled and unscheduled
operations. Given these findings, the FAA Administrator certifies that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Trade Impact Analysis
The Trade Agreements Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and determined that it will not
have an effect on foreign commerce.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $120.7 million in lieu of $100
million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore does not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analysed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We
[[Page 39620]]
have determined that it is not a ``significant energy action'' under
the executive order because it is not a ``significant regulatory
action'' under Executive Order 12866, and it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
List of Subjects in 14 CFR Part 93
Air traffic control, Airports, Alaska, Navigation (air), Reporting
and recordkeeping requirements.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations as follows:
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC
0
1. The authority citation for part 93 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
0
2. Special Federal Aviation Regulation No. 105, Operating Limitations
for Unscheduled Operations at Chicago's O'Hare International Airport is
added to read as follows:
Section 1. Applicability. This Special Federal Aviation Regulation
(SFAR) No. 105 applies to persons conducting unscheduled arrivals under
instrument flight rules (IFR) to Chicago's O'Hare International Airport
(O'Hare) during the 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 SFAR does not apply to helicopter operations, flights
conducted under visual flight rules (VFR), or by foreign air carriers,
except those flights conducted by Canadian air carriers or operators.
Section 2. Terms. For purposes of this SFAR:
``Additional Reservation'' is an approved reservation above the
operational limit in section 3. Additional Reservations are available
for unscheduled arrivals only, and are allocated in accordance with the
procedures described in section 7 of this SFAR.
``Airport Reservation Office (ARO)'' is an operational unit of the
FAA's David J. Hurley Air Traffic Control System Command Center. It is
responsible for the administration of reservations for the ``other''
category of operations, i.e. unscheduled flights at High Density
Traffic Airports (14 CFR, part 93, subpart k), unscheduled flights
under Special Traffic Management Programs, and the O'Hare Arrival
Reservation Program (excluding public charter flights allocated in
accordance with section 6).
``Enhanced Computer Voice Reservation System (e-CVRS)'' is the
system used by the FAA to make arrival and/or departure reservations at
designated airports requiring reservations. Reservations are made
through a touch-tone telephone interface, an Internet Web interface, or
directly through the ARO.
``Public Charter'' is defined in 14 CFR 380.2 as a one-way or
roundtrip charter flight to be performed by one or more direct air
carriers that is arranged and sponsored by a charter operator.
``Public Charter Operator'' is defined in 14 CFR 380.2 as a U.S. or
foreign public charter operator.
``Reservation'' is an authorization received in compliance with
applicable Notices to Airmen (NOTAMs) and procedures established by the
FAA Administrator to operate an unscheduled arrival flight to O'Hare
during peak hours.
``Unscheduled Arrival'' is an arrival other than one regularly
conducted and scheduled by an air carrier or other operator between
O'Hare and another service point. However, certain types of air carrier
operations are also considered as unscheduled for the purposes of this
rule, including public, on-demand, and other charter flights; hired
aircraft service; ferry flights; and other non-passenger flights.
Section 3. Operational Limits. Except as provided for in section 7
below, Unscheduled IFR Arrivals to O'Hare are limited to four Arrival
Reservations per hour and no more than two Arrival Reservations during
each half-hour, for the peak hours described in section 1.
Section 4. Reservation Requirement. Each person conducting an
unscheduled IFR flight to O'Hare during the peak hours described in
section 1 must obtain, for such flight operation, an Arrival
Reservation allocated by the ARO or, in the case of public charters, in
accordance with the procedures in section 6. An Arrival Reservation is
not an air traffic control clearance. Additionally, it is the separate
responsibility of the pilot/operator to comply with all NOTAMs,
security or other regulatory requirements to operate at O'Hare.
Section 5. Reservation Procedures.
a. The FAA's ARO will receive and process all Reservation requests
for Unscheduled Arrivals at O'Hare during the effective period, except
for requests for public charter flights. Requests for Reservations for
public charter flights are addressed in section 6. Reservations are
allocated on a ``first-come, first-served'' basis determined by the
time the request is received at the ARO. Standby lists are not
maintained. The computer reservation system may be accessed using a
touch-tone telephone, via the Internet, or by telephoning the ARO
directly. Requests for Reservations will be accepted beginning 72 hours
prior to the proposed time of arrival at O'Hare. For example, a request
for an 11 a.m. Reservation on a Thursday will be accepted beginning at
11 a.m. on the previous Monday.
b. A maximum of two transactions per telephone call/Internet
session will be accepted.
c. The ARO will allocate Reservations on a 30-minute basis.
Reservation periods are half-hourly from the top and bottom of the hour
(00 through 29 and 30 through 59) regardless of the arrival time within
the period. For example, a 1920 arrival uses a 1900-1929 Reservation.
d. An Arrival Reservation does not ensure against traffic delays,
nor does it guarantee arrival within the allocated time period.
Aircraft specifically delayed by ATC traffic management initiatives are
not required to obtain a new Reservation based on the revised arrival
time.
e. Operators must check current NOTAMs in effect for the airport. A
reservation from e-CVRS does not constitute permission to operate if
additional operational limits or procedures are required by NOTAM and/
or regulation.
f. The filing of a request for a Reservation does not constitute
the filing of an IFR flight plan as required by regulation. The IFR
flight plan must be filed only after the Reservation is obtained, and
must be filed in accordance with FAA regulations and procedures. The
ARO does not accept or process flight plans.
g. Operators may obtain Reservations by (1) accessing the Internet;
(2) calling the ARO's interactive computer system via touch-tone
telephone; or (3) calling the ARO directly. The telephone number for
the e-CVRS computer is 1-800-875-9694. This toll free number is valid
for calls originating within the United States, Canada, and the
Caribbean. Operators outside those areas may access e-CVRS by calling
the toll number of (703) 707-0568. The Internet Web address for
accessing e-CVRS is http://www.fly.faa.gov/ecvrs. Operators may contact
the ARO at (703) 904-4452 if they have a technical problem making a
Reservation using the automated interfaces, if they have a question
concerning the procedures, or if they wish to make a telephone
Reservation
[[Page 39621]]
from outside the United States, Canada, or the Caribbean.
h. When filing a request for an Arrival Reservation at O'Hare, the
operator must provide the following information:
(1) Date(s) and hour(s) (UTC) of the proposed arrival(s).
(2) Aircraft call sign, flight identification, or tail/registration
number. Operators using a 3-letter identifier and flight number for air
traffic control (ATC) communication must obtain a reservation using
that same information. Operators communicating with ATC using an
aircraft tail number or other flight identification must obtain a
reservation using that information.
(3) Aircraft type identifier.
(4) Departure airport (3 or 4-letter identifier) immediately prior
to arriving at O'Hare.
Should the requested time not be available, the closest available time
before and after the requested time will be offered.
i. Changes must be made to an e-CVRS Reservation using the
telephone interface, the Internet web interface, or by calling the ARO
before the time of the allocated Arrival Reservation at O'Hare.
j. The operator must cancel the Reservation if it will not be used.
Cancellations must be made through e-CVRS as soon as practical using
the telephone interface, the Internet web interface, or by calling the
ARO in order to release the Arrival Reservation for reallocation.
k. The following information is needed to change or cancel a
Reservation:
(1) Aircraft 3-letter identifier and flight number or registration/
tail number used to make the original reservation.
(2) Date and Time (UTC) of Reservation.
(3) Reservation number.
Section 6. Special Procedures for Public Charter Arrivals.
a. One Arrival Reservation in each hour will be available for
allocation to Public Charter operations prior to the adopted 72-hour
Reservation window in section 5.
b. The Public Charter Operator may request an Arrival Reservation
up to six months from the date of the flight operation. Reservations
should be submitted to Federal Aviation Administration, Slot
Administration Office, AGC-220, 800 Independence Avenue, SW.,
Washington, DC 20591. Submissions may be made by facsimile to (202)
267-7277 or by e-mail to 7-AWA-slotadmin@faa.gov.
c. The Public Charter Operator must certify that its prospectus has
been accepted by the Department of Transportation in accordance with 14
CFR part 380.
d. The Public Charter Operator must identify the call sign/flight
number or aircraft registration number of the direct air carrier, the
date and time of the proposed arrival(s), origin airport immediately
prior to O'Hare, and aircraft type. Any changes to an approved
Reservation must be approved in advance by the Slot Administration
Office.
e. If Arrival Reservations under paragraph (a) above have been
allocated and are unavailable, the public charter operator may request
Reservations under section 5.
Section. 7. Additional Reservations.
a. Notwithstanding the restrictions in section 1, if the Air
Traffic Organization determines that ATC weather and capacity
conditions are favorable and significant delay is not likely, the FAA
may determine that additional Reservations may be accommodated for a
specific time period. Generally, the availability of additional
Reservations will not be determined more than 8 hours in advance.
Unused Arrival Reservations allocated for scheduled operations may also
be made available for Unscheduled Arrivals. If available, additional
Reservations will be added to e-CVRS and granted on a first-come,
first-served basis using the procedures described in section 5 of this
SFAR. Reservations for additional arrival operations are not granted by
the local ATC facility and must be obtained through e-CVRS or the ARO.
b. An operator who has been unable to obtain a Reservation at the
beginning of the 72-hour window may find that a Reservation may be
available on the scheduled date of operation due to additional
Reservations or cancellations.
c. ATC will accommodate declared emergencies without regard to
Reservations. Non-emergency flights in support of national security,
law enforcement, military aircraft operations or public-use aircraft
operations may be accommodated above the Reservation limits with the
prior approval of the Vice President, System Operations Services, Air
Traffic Organization. Procedures for obtaining the appropriate waiver
will be included on the Internet at the e-CVS Web site at http://www.fly.faa.gov/ecvrs
.
Section 8. Making Arrival Reservations Using e-CVRS.
a. Telephone users. When using a touch-tone telephone to make a
Reservation, you are prompted for a response. All input is accomplished
using the keypad on the telephone. One issue with a touch-tone
telephone entry is that most keys have a letter and number associated
with them. When the system asks for a date or time, it is expecting an
input of numbers. A problem arises when entering a tail number, or 3-
letter identifier. The system does not detect if you are entering a
letter (alpha character) or a number. Therefore, when entering an
aircraft identifier and flight number or aircraft registration/tail
number, two keys are used to represent each letter or number. When
entering a number, precede the number you wish by the number 0 (zero)
i.e., 01, 02, 03, 04, * * * If you wish to enter a letter, first press
the key on which the letter appears and then press 1, 2, or 3,
depending upon whether the letter you desire is the first, second, or
third letter on that key. For example to enter the letter ``N,'' first
press the ``6'' key because ``N'' is on that key, then press the ``2''
key because the letter ``N'' is the second letter on the ``6'' key.
Since there are no keys for the letters ``Q'' and ``Z,'' e-CVRS
pretends they are on the number ``1'' key. Therefore, to enter the
letter ``Q,'' press 11, and to enter the letter ``Z,'' press 12.
Note: The ``N'' character must be entered along with an aircraft
tail number (see Table 1). Operators using a 3-letter identifier and
flight number to communicate with ATC facilities must enter that
same information when making a Reservation.
Table 1.--Codes for Call Sign/Tail Number Input
------------------------------------------------------------------------
------------------------------------------------------------------------
Codes for Call Sign/Tail Number Input Only
------------------------------------------------------------------------
A-21 J-51 S-73 1-01
B-22 K-52 T-81 2-02
C-23 L-53 U-82 3-03
D-31 M-61 V-83 4-04
E-32 N-62 W-91 5-05
F-33 O-63 X-92 6-06
G-41 P-71 Y-93 7-07
H-42 Q-11 Z-12 8-08
I-43 R-72 0-00 9-09
------------------------------------------------------------------------
b. Additional helpful key entries:
(See Table 2).
Table 2.--Helpful Key Entries
------------------------------------------------------------------------
------------------------------------------------------------------------
After entering a call sign/tail number,
depressing the ``pound key'' ()
twice will indicate the end of the tail
number.
* Will return to the start of the process.
2
* Will repeat the call sign/tail number
3 used in a previous reservation.
* Will repeat the previous question.
5
[[Page 39622]]
* Tutorial Mode: Each prompt for input
8 includes a more detailed description of
what is expected as input. *8 are a
toggle on/off switch. Entering *8 in
tutorial mode will return you to the
normal mode.
* Expert Mode: In the expert mode each
0 prompt for input is brief with little or
no explanation. Expert mode is also on/
off toggle.
------------------------------------------------------------------------
c. Internet Web Based Interface. The e-CVRS reservation system
includes a Web-based interface. The Internet option provides a fast,
user-friendly environment for making Reservations. The Internet address
is http://www.fly.faa.gov/ecvrs. Flight information may be added or
edited using e-CVRS after the reservation is initially obtained.
All users of e-CVRS must complete a one-time registration form
containing the following information: full name; e-mail address; a
personal password; password confirmation; and company affiliation
(optional). Your e-mail and password are required each time you login
to use e-CVRS. Instructions are provided on each page to guide you
through the reservation process. If you need help at any time, you can
access page-specific help by clicking the question mark ``?'' located
in the upper right corner of the page.
Section 9. Expiration. This Special Federal Aviation Regulation
terminates on October 28, 2005, unless sooner terminated.
Issued in Washington, DC, on June 30, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-13363 Filed 7-7-05; 8:45 am]
BILLING CODE 4910-13-P