[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Rules and Regulations]
[Pages 39610-39622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13363]



[[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

  Federal Register / Vol. 70, No. 130 / Friday, July 8, 2005 / Rules 
and Regulations  

[[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 [email protected].

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 [email protected].
    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