[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Proposed Rules]
[Pages 61708-61714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23539]



[[Page 61707]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 93



Proposed Reservation System for Unscheduled Arrivals at Chicago's 
O'Hare International Airport; Proposed Rule

  Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2004-19411; Special Federal Aviation Regulation (SFAR) 
No. 105]
RIN 2120-AI47


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

DATES: Send your comments on or before November 1, 2004.

ADDRESSES: You may send comments [identified by Docket Number FAA-2004-
19411] using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide Rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations 
Services, Air Traffic Organization; telephone (202) 267-9424; facsimile 
(202) 267-7277; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the Web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment 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 (65 FR 19477-78) or you may visit 
http://dms.dot.gov.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

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.gpoaccess.gov/fr/index.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 docket number, notice number, or amendment number 
of this rulemaking.

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\ The Administrator may modify or revoke an assignment 
when required in the public interest.\3\
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    \1\ 49 U.S.C. 40103(a).
    \2\ 49 U.S.C. 40103(b)(1).
    \3\ Id.
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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. On a daily basis, that system 
transports millions of passengers, thousands of tons of cargo and often 
millions of pieces of mail. Ensuring the efficient use of the airspace 
means that the FAA must take all necessary steps to prevent congestion 
at an airport from disrupting or adversely affecting the overall air 
traffic system for which the FAA is responsible. Inordinate delays of 
the sort experienced at O'Hare in recent months can have a crippling 
effect on other parts of the system, causing untold losses in time and 
money for individuals and businesses, as well as the air carriers and 
other operators at O'Hare and beyond.

[[Page 61709]]

    In 1968, under this statutory authority, the FAA designated O'Hare 
as a High Density Traffic Airport (HDR airport) and through the High 
Density Rule limited the number of takeoffs and landings at O'Hare, 
effective April 27, 1969.\4\ The FAA required operators at each HDR 
airport including O'Hare to obtain a reservation for each instrument 
flight rules takeoff or landing.\5\ The rules related to HDR airports 
remained in effect at O'Hare for over three decades. Near the end of 
that period, the FAA limited O'Hare's scheduled peak-hour air carrier 
and commuter operations (including both arrivals and departures) to 145 
per hour, with ten additional reservations available for the ``other'' 
category of unscheduled operations.\6\
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    \4\ 33 FR 17896 (1968). The FAA codified the rules for operating 
at high density traffic airports in 14 CFR part 93, subpart K.
    \5\ See, e.g., 14 CFR 93.125 (2004).
    \6\ 14 CFR 93.123(a)(2004). The ``Other'' class of users 
includes general aviation, charter, military, public aircraft, and 
other irregular operations by commercial air carriers.
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    Each reservation for an unscheduled operation at an HDR airport is 
good for a one time arrival or departure flight on a specific date 
within a specific 30- or 60-minute time. Advisory Circular 93-1, 
``Reservations for Unscheduled Operations at High Density Traffic 
Airports,'' describes the procedures for obtaining a reservation. The 
FAA uses similar procedures for Special Traffic Management Programs 
implemented to respond to temporary increases in airport demand caused 
by special events such as major conventions or sporting events. 
Aircraft operators are therefore familiar with the general procedures 
the FAA is now proposing to reinstitute at O'Hare.

Background

    In 2003, O'Hare accommodated 928,691 flight operations, which made 
it the busiest airport in the world in terms of aircraft arrivals and 
departures. According to the FAA's Air Traffic Operations Network, 
which collects data on air traffic activity counts, during the first 6 
months of 2004, 490,987 flights arrived at and departed O'Hare. From 
January through July 2004, total airport operations at O'Hare increased 
approximately 8.7% over the same period in 2003. The total number of 
enplaned passengers at O'Hare in 2003--at 30,797,513--ranked second in 
the U.S.\7\
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    \7\ National Transportation Statistics 2003, Table 1-41--
Passengers Boarded at Top 50 U.S. Airports (Bureau of Transp. 
Statistics Mar. 2004).
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    According to flight delay information compiled by the Department's 
Bureau of Transportation Statistics, system performance suffered at 
O'Hare as air carriers increased scheduled operations.\8\ In November 
2003, O'Hare ranked last among the 31 major airports reported for on-
time arrival performance, delivering on-time arrivals just 57.26% of 
the time.\9\ O'Hare also ranked last in on-time departures during 
November 2003, yielding on-time departures 66.94% of the time.\10\ The 
Bureau of Transportation Statistics' data for December 2003 reflected a 
similarly discouraging performance by O'Hare during that month--ranked 
last with 60.06% of arrivals on time and 67.23% of departures on 
time.\11\ FAA statistical analyses showed that at least part of the 
decline in on-time performance could be attributed to a scheduled 
volume of air traffic that exceeded the available airport capacity. 
Despite the high proportion of delayed flights, however, when the air 
carriers published their January and February 2004 schedules in the 
Official Airline Guide, they revealed their intention to add still more 
operations to the encumbered O'Hare schedule.
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    \8\ The U.S. Department of Transportation considers a flight to 
be on time if it arrives or departs no later than 15 minutes after 
its scheduled arrival or departure time. Arrival performance is 
based on arrival at the gate. Departure performance is based on 
departure from the gate.
    \9\ Airline On-time Tables--Nov. 2003, Table 3--Ranking of Major 
Airport On-time Arrival Performance in Nov. 2003 (Bureau of Transp. 
Statistics).
    \10\ Airline On-time Tables--Nov. 2003, Table 5--Ranking of 
Major Airport On-time Departure Performance in Nov. 2003 (Bureau of 
Transp. Statistics).
    \11\ Airline On-time Tables--Dec. 2003, Table 3--Ranking of 
Major Airport On-time Arrival Performance in Dec. 2003 & Table 5--
Ranking of Major Airport On-time Departure Performance in Dec. 2003 
(Bureau of Transp. Statistics).
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    The Bureau of Transportation Statistics' data on flight delays and 
on-time performance for June 2004 reflect only modest overall 
improvement at O'Hare as a result of voluntary reductions in operations 
by two of the largest operators at O'Hare,\12\ while problems 
associated with congestion persisted, particularly in the late 
afternoon and early evening when on-time performance is at its lowest.
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    \12\ By FAA Orders dated January 21, 2004, and April 21, 2004, 
American Airlines and United Airlines each agreed to reduce 
scheduled operations during identified peak hours. These Orders 
responded to record delay levels at the airport since November 2003, 
primarily due to increases in flights and compression of schedules 
by the two largest operators at the airport.
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    Highlighting the FAA's concern, the industry's published schedules 
for November, as reported in the Official Airline Guide in late July 
2004, revealed that the number of scheduled arrivals during several 
hours approaches or exceeds the airport's highest possible arrival 
capacity. During one hour of the day, the number of scheduled arrivals 
actually would have exceeded the airport's capacity under ideal 
conditions by 32%, had these schedules taken effect, virtually ensuring 
daily delays even when the weather and airport operating conditions 
were optimal and contributing to potential gridlock when they were not.
    On August 18, 2004, following a schedule reduction meeting 
conducted under the authority of 49 U.S.C. 41722, the FAA Administrator 
issued an order embodying the terms of air carrier agreements with the 
FAA that temporarily limited the number of scheduled arrivals during 
certain peak hours at O'Hare. The terms of Section 41722 permitted 
discussions only with scheduled air carriers and not other operators. 
The scheduling reduction meeting, the resulting agreements and the 
implementing order all reflected serious concerns over the persistent 
over scheduling of flights at the airport. The order was intended to 
relieve the substantial inconvenience to the traveling public caused by 
flight delays and congestion at that airport, which spread through the 
national airspace system. Among other things, the order limits the 
number of scheduled arrivals to 88 per hour, with certain exceptions.
    In arriving at the limit of 88 arrivals for scheduled operations in 
the August 18 Order, the FAA assumed that the airport would accommodate 
four additional unscheduled arrivals per hour. (See FAA Order Limiting 
Scheduled Operations at O'Hare International Airport, dated August 18, 
2004, page 12, included in the Docket No. FAA-2004-16944.) This 
assumption was based on historical experience; based on an analysis of 
peak period weekday arrivals at O'Hare during approximately six and a 
half months, the FAA determined that there was an average of 4 
unscheduled arrivals during peak hours. The FAA also reviewed the 
annual daily average for air carrier and commuter aircraft, which are 
primarily scheduled fights, and general aviation and military flights 
(unscheduled) for calendar years 2000-2003 and for January through mid-
July, 2004. Although the number of scheduled flights rose during those 
periods, the level of unscheduled flights remained stable over the 
study period and actually declined slightly from 2000 levels.
    The FAA is, therefore, seeking to implement a reservation system 
for unscheduled arrivals limiting the number of such arrivals to four 
per hour between the hours of 7 a.m. and 9 p.m. Central Time beginning 
November 1,

[[Page 61710]]

2004, and continuing through April 30, 2005. This action would ensure 
that the demand for such operations is spread reasonably throughout the 
day and allow the FAA to achieve the overall established operational 
target for scheduled and unscheduled arrival flights. Consistent with 
limitations on scheduled flights, the FAA would allocate the arrival 
slot reservations in half-hour increments; no more than two arrival 
reservations in a half-hour period would generally be available for 
unscheduled arrivals. This may result in some operators shifting 
certain planned flights to another time with an available reservation, 
or potentially operating during unrestricted hours.
    Under certain weather conditions and runway configurations, O'Hare 
has capacity to accommodate more than 92 arrivals per hour without 
causing delay. Although scheduled airlines cannot readily adjust their 
number of arrivals to take advantage of temporary fluctuations in the 
airport's capacity, unscheduled operators frequently can do so given 
the nature of their operations. Therefore, the FAA expects that 
additional reservations, which would be allocated using the same 
procedures as those outlined above, would be made available for last-
minute unscheduled flight arrivals and other operating adjustments. The 
FAA will closely monitor weekend operations and other periods when 
lower volumes of scheduled arrivals would allow allocation of 
additional reservations for unscheduled flights.
    Each reservation would be allocated on a 30-minute basis during the 
peak hours during which the restrictions are in place. The FAA's 
Airport Reservation Office (ARO) would receive and process all 
reservations requests. The reservations would be allocated on a first-
come, first-served basis, determined by the time the request is 
received by the ARO. Operators can obtain a reservation: (1) Through 
the Internet; (2) by calling the ARO's interactive computer system via 
touch-tone telephone; or (3) by calling the ARO directly. Operators 
would provide the date/time of proposed operation and other identifying 
information concerning the aircraft and the intended flight. This 
process will also allocate the additional reservations that may be 
accommodated during periods of favorable weather and capacity 
conditions.
    The allocation mechanism for unscheduled operations proposed in 
this SFAR is similar to the procedures currently used to allocate slots 
for the ``Other'' category for airports subject to the provisions of 
the High Density Rule (``HDR'') (14 CFR part 93, subparts K and S.) 
(The limits of the HDR apply to New York's LaGuardia and John F. 
Kennedy International Airports and Washington's Reagan National 
Airport.) The proposed procedures are also similar to those used by 
unscheduled aircraft operators during Special Traffic Management 
Program implemented by Air Traffic Organization during periods of 
abnormally high traffic demand due to special events such as the 
Indianapolis 500, Kentucky Derby, fly-ins, and other circumstances.
    Allocation of a reservation does not constitute an ATC clearance 
nor does it obviate the need to file an IFR flight plan. The FAA will 
accommodate declared emergencies without regard to reservations. Non-
emergency flights in support of national security, law enforcement, or 
similar requirements may be accommodated above the reservation limits 
with the prior approval of the FAA. The proposed text of the SFAR 
contains detailed instructions for requesting reservations via the 
Internet, telephone, or alternatively contacting the ARO. Reservations 
for regularly scheduled operations are authorized separately under the 
terms of Federal Aviation Administration (FAA) Order ``Operating 
Limitations at Chicago O'Hare International Airport'' issued August 18, 
2004. The procedures described in this SFAR would not be used for 
scheduled flights.

Paperwork Reduction Act

    This proposal contains the following new information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the FAA has submitted the information requirements 
associated with this proposal to the Office of Management and Budget 
for an emergency clearance.
    Title: SFAR No. 105, Operating Limitations for Unscheduled Arrivals 
at Chicago's O'Hare International Airport.
    Summary: This proposal requires persons conducting unscheduled 
operations at O'Hare to obtain an arrival reservation for that 
operation from the FAA's Airport Reservation Office.
    Use of: This proposal would support the information needs of the 
FAA Air Traffic Organization in temporarily limiting unscheduled 
operations at O'Hare.
    Respondents (including number of): The likely respondents to this 
proposed information requirement are persons conducting general 
aviation operations, charter operations, military operations and other 
public aircraft operations that seek to operate at O'Hare FAA analysis 
indicates there may be as many as 11 operators requesting reservations 
for unscheduled operations throughout the entire day. However, for any 
given hour between 7 a.m. and 8:59 p.m. the unscheduled demand from 
January 2004 through July 2004, showed the average number of 
unscheduled operations peaked at 5.4 arrivals on Thursdays at 6 p.m. 
The hourly average for unscheduled operations was 4 arrivals per hour. 
For purposes of this NPRM we are estimating the number of respondents 
to be up to 200.
    Frequency: FAA has determined there would be 56 arrival reservation 
requests, given the average of 4 unscheduled arrivals per hour at 
O'Hare for each of the 14 reservation hours per day. The reservation 
hours begin at 7 a.m. and end at 9 p.m., Central Time.
    Annual Burden Estimate: FAA estimates it will take 2 minutes to 
make each reservation. For the 6-month period--November 1, 2004, 
through April 2005, for which the proposal would be in effect, the 
information collection burden would be 20, 384 minutes (340 hours) to 
place reservations for unscheduled arrivals between the hours of 7 a.m. 
to 8:59 p.m. at O'Hare. On an annual basis, operators will require 40, 
768 additional minutes (777 hours) to place reservations for 
unscheduled arrivals.
    Since the reservations could be made using touch-tone telephone 
interface, an Internet Web interface using electronic information 
technology, automated telephone systems and calls directly to ARO, FAA 
does not expect the unscheduled reservations to require new capital or 
equipment. These electronic systems are already in place for other 
categories of operations for unscheduled flights under Special Traffic 
Management Programs, and the O'Hare Arrival Reservation Program.
    The estimate of cost resulting from the collection of information 
to implement this proposal does consider the additional labor costs for 
operators to place reservations for unscheduled arrivals. The pilots of 
the unscheduled flights such as general aviation, charter operators and 
businesses perform many non-flying duties, which include record keeping 
and scheduling. FAA has used a burden labor rate of $43 per hour, which 
is based on annual earnings data for airline pilots, co-pilots, and 
flight engineers, and commercial pilots for unscheduled air 
transportation provided in the Bureau of Labor Statistics' Occupational 
Employment Statistics series.
    For the 6-month period--November 1, 2004 through April 2005, for 
which the proposal would be in effect, the

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information collection burden would be 20,384 minutes (340 hours) to 
place reservations for unscheduled arrivals between the hours of 7 a.m. 
to 8:59 p.m. at O'Hare. On an annual basis, operators will require 
40,768 additional minutes (777 hours) to place reservations for 
unscheduled arrivals. At the burdened labor rate of $43 per hour, the 
total annual cost burden will be $29,223. FAA believes these costs will 
be a minimal burden to the respondents or record keepers making the 
reservations for unscheduled flights.
    According to the 1995 amendments to the Paperwork Reduction Act (5 
CFR 1320.8(b)(2)(vi)), 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. 
Since the reservation system proposed in this document would take 
effect November 1 of this year, the FAA will seek emergency clearance 
of this information collection. The OMB control number for this 
information collection will be published in the Federal Register, after 
the Office of Management and Budget approves it.

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 proposed regulations.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review,'' dated 
September 30, 1993 (58 FR 51736), directs the FAA to assess both the 
costs and the benefits of a regulatory change. We are not allowed to 
propose or adopt a regulation unless we make a reasoned determination 
that the benefits of the intended regulation justify the costs. Our 
assessment of this rulemaking indicates that its economic impact is 
minimal because of the flexibility of unscheduled operators to take 
advantage of the dynamic capacity at O'Hare. Because the costs and 
benefits of this action do not make it a ``significant regulatory 
action'' as defined in the Order, we have not prepared a ``regulatory 
evaluation,'' which is the written cost/benefit analysis ordinarily 
required for all rulemaking under the DOT Regulatory Policies and 
Procedures. We do not need to do a full evaluation where the economic 
impact of a rule is minimal.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Proposed 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 that 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.
    Under this notice, the FAA proposes to place limits on unscheduled 
arrivals at O'Hare International Airport to accompany the flight limits 
of scheduled flights, which will go into effect on November 1, 2004. 
Consistent with the FAA O'Hare Order issued on August 18, 2004, FAA 
defines the unscheduled flights as those flights that are not published 
in the Official Airline Guide (OAG). Unscheduled arrival operations 
also do not include operations regularly conducted by air carrier or 
commuter between O'Hare and another service point. FAA has used the OAG 
to determine the scheduled flights. Hence, unscheduled flights include 
general aviation, military flights, air taxi and other flights such as 
some freight, ferry, and charter flights that are not listed in the 
OAG. Further, this proposal does not include helicopter operations and 
flights by foreign air carriers, except those flights conducted by 
Canadian air carriers.
    For a variety of reasons the proposed rule limiting unscheduled 
flights at O'Hare should have minimal economic impact. The proposed 
rule establishes flight limits that match the actual average number of 
unscheduled operations at O'Hare. For the 7-month period preceding the 
FAA order for scheduled operations, January 4-July 24, the hourly 
average by day of week range from 2.7 to 4.0 flights. Moreover, during 
the hours the reservation system is in effect, operators have 
alternatives and can vary arrival times or land at another airport in 
the Chicago area.
    Additionally, during periods of favorable weather and operating 
conditions, the airport has capacity to accommodate additional arrivals 
and the FAA plans to make additional arrival reservations available, 
provided doing so will not significantly increase delays. Due to the 
nature of their operations, unscheduled operators are able to take 
advantage of this dynamically available capacity.
    The operators of unscheduled flights have considerably more 
discretion and flexibility than scheduled operators in terms of the 
flight planning horizon and arrival time. FAA thus expects these 
unscheduled flights can easily be accommodated. This is especially the 
case for general aviation and military flights, which make up the 
majority of the unscheduled flights. The flight plan for general 
aviation and military flights are usually filed the last 1 to 3 hours 
before operations. Further, there are multiple airports within close 
proximity to O'Hare.

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

[[Page 61712]]

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.
    FAA expects that there would be more than two entities affected by 
the proposed rule. However, the economic effect will be minimal. The 
operators of unscheduled flights have considerably more discretion and 
flexibility than scheduled operators in terms of the flight planning 
horizon and arrival time. The FAA believes the operators will have 
substantial viable alternatives. This can include varying the arrival 
time and day, or landing at another airport in the Chicago area.
    Consequently, the FAA certifies that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities.

Trade Impact Analysis

    The Trade Agreement 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 proposed rule and determined that it would 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 proposed rule does not contain such a mandate. The 
requirements of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on 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 would 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 proposed 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 analyzed this NPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We 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 Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend Chapter I of Title 14, Code of Federal 
Regulations, as follows:

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC

    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.

    2. Special Federal Aviation Regulation No. ----, Operating 
Limitations for Unscheduled Operations at Chicago's International 
Airport is added to read as follows:
    Section 1. Applicability. This Special Federal Aviation Regulation 
(SFAR) No. ---- applies to persons conducting unscheduled operations 
under instrument flight rules (IFR) and visual flight rules (VFR) to 
Chicago's O'Hare International Airport (O'Hare) during the hours of 7 
a.m. through 8:59 p.m., Central Time. This SFAR does not apply to 
helicopter operations and flights by foreign air carriers, except those 
flights conducted by Canadian air carriers.
    Section 2. Operational Limits. Except as provided for in section 6 
below, unscheduled IFR and VFR flights to O'Hare are limited to 4 
arrival reservations per hour and no more than 2 arrival reservations 
during each half-hour, for the peak hours described in section 1.
    Section 3. Reservation Requirement. Each person conducting an 
unscheduled IFR or VFR flight to O'Hare during the peak hours described 
in section 1 must obtain for such flight operation an arrival 
reservation allocated by the Airport Reservation Office. In addition to 
obtaining a reservation as described in this SFAR, 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 4. Terms. For purposes of this SFAR:
    ``Additional Reservation'' is an approved reservation above the 
established limit. Additional reservations are available for 
unscheduled operations only and are allocated in accordance with the 
procedures described in section 6 of this SFAR.
    ``Airport Reservation Office (ARO)'' is an operational unit of the 
FAA Air Traffic Control System Command Center that is responsible for 
administration of reservations for the ``other'' category of operations 
i.e. unscheduled flights at High Density Traffic Airports (14 Code of 
Federal Regulations, part 93, subpart k), reservations for unscheduled 
flights under Special Traffic Management Programs, and the O'Hare 
Arrival Reservation Program.
    ``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. There is a touch-tone 
telephone interface, an Internet Web interface, and the ability to call 
the ARO directly for making reservations.

[[Page 61713]]

    ``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. A 
reservation for O'Hare is allocated on a 30-minute basis beginning at 7 
a.m. and continuing through 8:59 p.m. Central Time. A reservation 
authorizes a planned arrival only within the approved time period, 
unless the flight encounters an air traffic control (ATC) traffic 
delay. Reservations are required for flights operating under IFR and 
VFR.
    ``Unscheduled Operation'' is an operation other than one regularly 
conducted by an air carrier or commuter between O'Hare and another 
service point. However, certain types of air carrier and commuter 
operations are also considered for these purposes of this definition as 
unscheduled, including irregular charter, hired aircraft service, ferry 
flights, and other non-passenger flights.
    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. 
Reservations are allocated on a ``first-come-first-served'' basis 
determined by the time the request is received at the reservation 
office. Standby lists are not maintained. Users may access the computer 
reservation system 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, e.g., 
an approved reservation for 1900 UTC covers a planned airport arrival 
any time from 1900 through 1929 UTC.
    d. A reservation does not ensure against traffic delays nor does it 
guarantee arrival within such allotted time. A reservation also is not 
an ATC clearance. Aircraft specifically delayed by ATC traffic 
management initiatives are not required to obtain a new reservation 
based on the revised arrival time.
    e. Users 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 through normal channels. The ARO does not accept or 
process flight plans.
    g. Users 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. Users 
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. Users may contact the ARO at 703-904-4452 if 
they have a 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 from outside the United 
States, Canada, or the Caribbean. (Note: The inability to obtain a 
reservation because all the reservations have been allocated is not 
considered as having a problem making a reservation.)
    h. When filing a request for an arrival reservation at O'Hare, the 
pilot must provide the following information:
    (1) Date(s) and hour(s) (UTC) of proposed operation(s).
    (2) Aircraft call sign, flight identification, or tail number(s). 
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 must obtain a reservation using the tail number.
    (3) Aircraft type identifier.
    (4) Origin airport (3-letter identifier) immediately prior to the 
proposed arrival at O'Hare.
    Should the requested time not be available, the user will be 
offered the closest available time before and after the requested time. 
If an alternate time is accepted, this will be the reservation.
    i. Users must advise the ARO whenever a change is needed to an 
allocated reservation. Changes must be made to e-CVRS reservations by 
using the telephone interface, the Internet Web interface, or by 
calling the ARO.
    j. A reservation must be cancelled when a user knows that 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. Early cancellation of reservation will provide 
opportunities for other operators to use the limited number of airport 
reservations.
    1. The following information is needed to change or cancel a 
reservation:
    (1) Aircraft 3-letter identifier and flight number or tail number, 
depending on what information was provided for the original 
reservation.
    (2) Airport for which the reservation was made.
    (3) Date and Time (UTC) of reservation.
    (4) Reservation number.
    Section. 6. Additional Reservations.
    a. Notwithstanding the restrictions in section 1, if in the 
judgment of the Air Traffic Organization, ATC weather and capacity 
conditions are favorable and significant delay is not likely at O'Hare 
or in the national airspace system as a result of O'Hare-related 
operations, the Air Traffic Control System Command Center may in its 
sole discretion 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. 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 arrival 
operations are not granted by the local ATC facility and must be 
obtained through e-CVRS/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 day 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, or similar requirements may be accommodated above the 
reservation limits with the prior approval of the FAA Vice President, 
System Operations Services.
    Section 7. Making Arrival Reservations at O'Hare 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

[[Page 61714]]

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: Users are reminded to enter the ``N'' character with their 
tail numbers (see Table 1). Operators using a 3-letter identifier 
and flight number to communicate with ATC facilities should enter 
that call sign when making their 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.
* 2...........................  Will take the user back to the start of
                                 the process.
* 3...........................  Will repeat the call sign/tail number
                                 used in a previous reservation.
* 5...........................  Will repeat the previous question.
* 8...........................  Tutorial Mode: In the tutorial mode each
                                 prompt for input includes a more
                                 detailed description of what is
                                 expected as input. * 8 are a toggle on/
                                 off switch. If you are in tutorial mode
                                 and enter * 8, you will return to the
                                 normal mode.
* 0...........................  Expert Mode: In the expert mode each
                                 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 log in 
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.

    Issued in Washington, DC, on October 15, 2004.
Linda M. Schuessler,
Vice President, System Operations Services, Federal Aviation 
Administration.
[FR Doc. 04-23539 Filed 10-18-04; 10:08 am]
BILLING CODE 4910-13-P