61708 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 

1 49 U.S.C. 40103(a).

2 49 U.S.C. 40103(b)(1).

3 Id.

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 93

[Docket No. FAA–2004–19411; Special 

Federal Aviation Regulation (SFAR) No. 

105] 

RIN 2120–AI47

Proposed Reservation System for 

Unscheduled Arrivals at Chicago’s 

O’Hare International Airport

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

implement a reservation system 

restricting the number of unscheduled 

aircraft arrivals at Chicago’s O’Hare 

International Airport (O’Hare) during 

the hours of 7 a.m. through 8:59 p.m., 

Central Time, beginning November 1, 

2004, and continuing through April 30, 

2005. This action is necessary to ensure 

the effectiveness of the Administrator’s 

Order issued August 18, 2004, which 

limited scheduled arrivals over the same 

hours and effective dates.

DATES: Send your comments on or 

before November 1, 2004.

ADDRESSES: You may send comments 

[identified by Docket Number FAA–

2004–19411] using any of the following 

methods: 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide Rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically.

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Gerry Shakley, System Operations 

Services, Air Traffic Organization; 

telephone (202) 267–9424; facsimile 

(202) 267–7277; e-mail 

gerry.shakley@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the Web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit

http://dms.dot.gov.

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Availability of Rulemaking Documents

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http://

www.gpoaccess.gov/fr/index.html.

You can also get a copy by submitting 

a request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Authority 

The U.S. Government has exclusive 

sovereignty over the airspace of the 

United States.1 Under this broad 

authority, Congress has delegated to the 

Administrator extensive and plenary 

authority to ensure the safety of aircraft 

and the efficient use of the nation’s 

navigable airspace. In this regard, the 

Administrator is required to assign by 

regulation or order use of the airspace 

to ensure its efficient use.2 The 

Administrator may modify or revoke an 

assignment when required in the public 

interest.3

The FAA’s broad statutory authority 

to manage ‘‘the efficient use of airspace’’ 

encompasses management of the 

nationwide system of air commerce and 

air traffic control. On a daily basis, that 

system transports millions of 

passengers, thousands of tons of cargo 

and often millions of pieces of mail. 

Ensuring the efficient use of the airspace 

means that the FAA must take all 

necessary steps to prevent congestion at 

an airport from disrupting or adversely 

affecting the overall air traffic system for 

which the FAA is responsible. 

Inordinate delays of the sort 

experienced at O’Hare in recent months 

can have a crippling effect on other 

parts of the system, causing untold 

losses in time and money for 

individuals and businesses, as well as 

the air carriers and other operators at 

O’Hare and beyond. 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 61709

4 33 FR 17896 (1968). The FAA codified the rules 

for operating at high density traffic airports in 14 

CFR part 93, subpart K. 5See, e.g., 14 CFR 93.125 (2004). 6 14 CFR 93.123(a)(2004). The ‘‘Other’’ class of 

users includes general aviation, charter, military, 

public aircraft, and other irregular operations by 

commercial air carriers.

7National Transportation Statistics 2003, Table 

1–41—Passengers Boarded at Top 50 U.S. Airports 

(Bureau of Transp. Statistics Mar. 2004).

8The U.S. Department of Transportation 

considers a flight to be on time if it arrives or 

departs no later than 15 minutes after its scheduled 

arrival or departure time. Arrival performance is 

based on arrival at the gate. Departure performance 

is based on departure from the gate. 9Airline On-time Tables—Nov. 2003, Table 3—

Ranking of Major Airport On-time Arrival 

Performance in Nov. 2003 (Bureau of Transp. 

Statistics). 10Airline On-time Tables—Nov. 2003, Table 5—

Ranking of Major Airport On-time Departure 

Performance in Nov. 2003 (Bureau of Transp. 

Statistics).

11Airline On-time Tables—Dec. 2003, Table 3—

Ranking of Major Airport On-time Arrival 

Performance in Dec. 2003 & Table 5—Ranking of 

Major Airport On-time Departure Performance in 

Dec. 2003 (Bureau of Transp. Statistics).

12By FAA Orders dated January 21, 2004, and 

April 21, 2004, American Airlines and United 

Airlines each agreed to reduce scheduled 

operations during identified peak hours. These 

Orders responded to record delay levels at the 

airport since November 2003, primarily due to 

increases in flights and compression of schedules 

by the two largest operators at the airport.

In 1968, under this statutory 

authority, the FAA designated O’Hare as 

a High Density Traffic Airport (HDR 

airport) and through the High Density 

Rule limited the number of takeoffs and 

landings at O’Hare, effective April 27, 

1969.4 The FAA required operators at 

each HDR airport including O’Hare to 

obtain a reservation for each instrument 

flight rules takeoff or landing.5 The 

rules related to HDR airports remained 

in effect at O’Hare for over three 

decades. Near the end of that period, the 

FAA limited O’Hare’s scheduled peakhour air carrier and commuter 

operations (including both arrivals and 

departures) to 145 per hour, with ten 

additional reservations available for the 

‘‘other’’ category of unscheduled 

operations.6

Each reservation for an unscheduled 

operation at an HDR airport is good for 

a one time arrival or departure flight on 

a specific date within a specific 30- or 

60-minute time. Advisory Circular 93–1, 

‘‘Reservations for Unscheduled 

Operations at High Density Traffic 

Airports,’’ describes the procedures for 

obtaining a reservation. The FAA uses 

similar procedures for Special Traffic 

Management Programs implemented to 

respond to temporary increases in 

airport demand caused by special events 

such as major conventions or sporting 

events. Aircraft operators are therefore 

familiar with the general procedures the 

FAA is now proposing to reinstitute at 

O’Hare. 

Background 

In 2003, O’Hare accommodated 

928,691 flight operations, which made it 

the busiest airport in the world in terms 

of aircraft arrivals and departures. 

According to the FAA’s Air Traffic 

Operations Network, which collects 

data on air traffic activity counts, during 

the first 6 months of 2004, 490,987 

flights arrived at and departed O’Hare. 

From January through July 2004, total 

airport operations at O’Hare increased 

approximately 8.7% over the same 

period in 2003. The total number of 

enplaned passengers at O’Hare in 

2003—at 30,797,513—ranked second in 

the U.S.7

According to flight delay information 

compiled by the Department’s Bureau of 

Transportation Statistics, system 

performance suffered at O’Hare as air 

carriers increased scheduled 

operations.8 In November 2003, O’Hare 

ranked last among the 31 major airports 

reported for on-time arrival 

performance, delivering on-time arrivals 

just 57.26% of the time.9 O’Hare also 

ranked last in on-time departures during 

November 2003, yielding on-time 

departures 66.94% of the time.10 The 

Bureau of Transportation Statistics’ data 

for December 2003 reflected a similarly 

discouraging performance by O’Hare 

during that month—ranked last with 

60.06% of arrivals on time and 67.23% 

of departures on time.11 FAA statistical 

analyses showed that at least part of the 

decline in on-time performance could 

be attributed to a scheduled volume of 

air traffic that exceeded the available 

airport capacity. Despite the high 

proportion of delayed flights, however, 

when the air carriers published their 

January and February 2004 schedules in 

the Official Airline Guide, they revealed 

their intention to add still more 

operations to the encumbered O’Hare 

schedule.

The Bureau of Transportation 

Statistics’ data on flight delays and ontime performance for June 2004 reflect 

only modest overall improvement at 

O’Hare as a result of voluntary 

reductions in operations by two of the 

largest operators at O’Hare,12 while 

problems associated with congestion 

persisted, particularly in the late 

afternoon and early evening when ontime performance is at its lowest.

Highlighting the FAA’s concern, the 

industry’s published schedules for 

November, as reported in the Official 

Airline Guide in late July 2004, revealed 

that the number of scheduled arrivals 

during several hours approaches or 

exceeds the airport’s highest possible 

arrival capacity. During one hour of the 

day, the number of scheduled arrivals 

actually would have exceeded the 

airport’s capacity under ideal conditions 

by 32%, had these schedules taken 

effect, virtually ensuring daily delays 

even when the weather and airport 

operating conditions were optimal and 

contributing to potential gridlock when 

they were not. 

On August 18, 2004, following a 

schedule reduction meeting conducted 

under the authority of 49 U.S.C. 41722, 

the FAA Administrator issued an order 

embodying the terms of air carrier 

agreements with the FAA that 

temporarily limited the number of 

scheduled arrivals during certain peak 

hours at O’Hare. The terms of Section 

41722 permitted discussions only with 

scheduled air carriers and not other 

operators. The scheduling reduction 

meeting, the resulting agreements and 

the implementing order all reflected 

serious concerns over the persistent 

over scheduling of flights at the airport. 

The order was intended to relieve the 

substantial inconvenience to the 

traveling public caused by flight delays 

and congestion at that airport, which 

spread through the national airspace 

system. Among other things, the order 

limits the number of scheduled arrivals 

to 88 per hour, with certain exceptions.

In arriving at the limit of 88 arrivals 

for scheduled operations in the August 

18 Order, the FAA assumed that the 

airport would accommodate four 

additional unscheduled arrivals per 

hour. (See FAA Order Limiting 

Scheduled Operations at O’Hare 

International Airport, dated August 18, 

2004, page 12, included in the Docket 

No. FAA–2004–16944.) This 

assumption was based on historical 

experience; based on an analysis of peak 

period weekday arrivals at O’Hare 

during approximately six and a half 

months, the FAA determined that there 

was an average of 4 unscheduled 

arrivals during peak hours. The FAA 

also reviewed the annual daily average 

for air carrier and commuter aircraft, 

which are primarily scheduled fights, 

and general aviation and military flights 

(unscheduled) for calendar years 2000–

2003 and for January through mid-July, 

2004. Although the number of 

scheduled flights rose during those 

periods, the level of unscheduled flights 

remained stable over the study period 

and actually declined slightly from 2000 

levels. 

The FAA is, therefore, seeking to 

implement a reservation system for 

unscheduled arrivals limiting the 

number of such arrivals to four per hour 

between the hours of 7 a.m. and 9 p.m. 

Central Time beginning November 1, 

61710 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 

2004, and continuing through April 30, 

2005. This action would ensure that the 

demand for such operations is spread 

reasonably throughout the day and 

allow the FAA to achieve the overall 

established operational target for 

scheduled and unscheduled arrival 

flights. Consistent with limitations on 

scheduled flights, the FAA would 

allocate the arrival slot reservations in 

half-hour increments; no more than two 

arrival reservations in a half-hour period 

would generally be available for 

unscheduled arrivals. This may result in 

some operators shifting certain planned 

flights to another time with an available 

reservation, or potentially operating 

during unrestricted hours. 

Under certain weather conditions and 

runway configurations, O’Hare has 

capacity to accommodate more than 92 

arrivals per hour without causing delay. 

Although scheduled airlines cannot 

readily adjust their number of arrivals to 

take advantage of temporary 

fluctuations in the airport’s capacity, 

unscheduled operators frequently can 

do so given the nature of their 

operations. Therefore, the FAA expects 

that additional reservations, which 

would be allocated using the same 

procedures as those outlined above, 

would be made available for last-minute 

unscheduled flight arrivals and other 

operating adjustments. The FAA will 

closely monitor weekend operations and 

other periods when lower volumes of 

scheduled arrivals would allow 

allocation of additional reservations for 

unscheduled flights. 

Each reservation would be allocated 

on a 30-minute basis during the peak 

hours during which the restrictions are 

in place. The FAA’s Airport Reservation 

Office (ARO) would receive and process 

all reservations requests. The 

reservations would be allocated on a 

first-come, first-served basis, 

determined by the time the request is 

received by the ARO. Operators can 

obtain a reservation: (1) Through the 

Internet; (2) by calling the ARO’s 

interactive computer system via touchtone telephone; or (3) by calling the 

ARO directly. Operators would provide 

the date/time of proposed operation and 

other identifying information 

concerning the aircraft and the intended 

flight. This process will also allocate the 

additional reservations that may be 

accommodated during periods of 

favorable weather and capacity 

conditions. 

The allocation mechanism for 

unscheduled operations proposed in 

this SFAR is similar to the procedures 

currently used to allocate slots for the 

‘‘Other’’ category for airports subject to 

the provisions of the High Density Rule 

(‘‘HDR’’) (14 CFR part 93, subparts K 

and S.) (The limits of the HDR apply to 

New York’s LaGuardia and John F. 

Kennedy International Airports and 

Washington’s Reagan National Airport.) 

The proposed procedures are also 

similar to those used by unscheduled 

aircraft operators during Special Traffic 

Management Program implemented by 

Air Traffic Organization during periods 

of abnormally high traffic demand due 

to special events such as the 

Indianapolis 500, Kentucky Derby, flyins, and other circumstances. 

Allocation of a reservation does not 

constitute an ATC clearance nor does it 

obviate the need to file an IFR flight 

plan. The FAA will accommodate 

declared emergencies without regard to 

reservations. Non-emergency flights in 

support of national security, law 

enforcement, or similar requirements 

may be accommodated above the 

reservation limits with the prior 

approval of the FAA. The proposed text 

of the SFAR contains detailed 

instructions for requesting reservations 

via the Internet, telephone, or 

alternatively contacting the ARO. 

Reservations for regularly scheduled 

operations are authorized separately 

under the terms of Federal Aviation 

Administration (FAA) Order ‘‘Operating 

Limitations at Chicago O’Hare 

International Airport’’ issued August 18, 

2004. The procedures described in this 

SFAR would not be used for scheduled 

flights.

Paperwork Reduction Act 

This proposal contains the following 

new information collection 

requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the FAA has submitted 

the information requirements associated 

with this proposal to the Office of 

Management and Budget for an 

emergency clearance. 

Title: SFAR No. 105, Operating 

Limitations for Unscheduled Arrivals at 

Chicago’s O’Hare International Airport. 

Summary: This proposal requires 

persons conducting unscheduled 

operations at O’Hare to obtain an arrival 

reservation for that operation from the 

FAA’s Airport Reservation Office. 

Use of: This proposal would support 

the information needs of the FAA Air 

Traffic Organization in temporarily 

limiting unscheduled operations at 

O’Hare. 

Respondents (including number of):

The likely respondents to this proposed 

information requirement are persons 

conducting general aviation operations, 

charter operations, military operations 

and other public aircraft operations that 

seek to operate at O’Hare FAA analysis 

indicates there may be as many as 11 

operators requesting reservations for 

unscheduled operations throughout the 

entire day. However, for any given hour 

between 7 a.m. and 8:59 p.m. the 

unscheduled demand from January 2004 

through July 2004, showed the average 

number of unscheduled operations 

peaked at 5.4 arrivals on Thursdays at 

6 p.m. The hourly average for 

unscheduled operations was 4 arrivals 

per hour. For purposes of this NPRM we 

are estimating the number of 

respondents to be up to 200. 

Frequency: FAA has determined there 

would be 56 arrival reservation requests, 

given the average of 4 unscheduled 

arrivals per hour at O’Hare for each of 

the 14 reservation hours per day. The 

reservation hours begin at 7 a.m. and 

end at 9 p.m., Central Time. 

Annual Burden Estimate: FAA 

estimates it will take 2 minutes to make 

each reservation. For the 6-month 

period—November 1, 2004, through 

April 2005, for which the proposal 

would be in effect, the information 

collection burden would be 20, 384 

minutes (340 hours) to place 

reservations for unscheduled arrivals 

between the hours of 7 a.m. to 8:59 p.m. 

at O’Hare. On an annual basis, operators 

will require 40, 768 additional minutes 

(777 hours) to place reservations for 

unscheduled arrivals. 

Since the reservations could be made 

using touch-tone telephone interface, an 

Internet Web interface using electronic 

information technology, automated 

telephone systems and calls directly to 

ARO, FAA does not expect the 

unscheduled reservations to require 

new capital or equipment. These 

electronic systems are already in place 

for other categories of operations for 

unscheduled flights under Special 

Traffic Management Programs, and the 

O’Hare Arrival Reservation Program. 

The estimate of cost resulting from the 

collection of information to implement 

this proposal does consider the 

additional labor costs for operators to 

place reservations for unscheduled 

arrivals. The pilots of the unscheduled 

flights such as general aviation, charter 

operators and businesses perform many 

non-flying duties, which include record 

keeping and scheduling. FAA has used 

a burden labor rate of $43 per hour, 

which is based on annual earnings data 

for airline pilots, co-pilots, and flight 

engineers, and commercial pilots for 

unscheduled air transportation provided 

in the Bureau of Labor Statistics’

Occupational Employment Statistics 

series. 

For the 6-month period—November 1, 

2004 through April 2005, for which the 

proposal would be in effect, the 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 61711

information collection burden would be 

20,384 minutes (340 hours) to place 

reservations for unscheduled arrivals 

between the hours of 7 a.m. to 8:59 p.m. 

at O’Hare. On an annual basis, operators 

will require 40,768 additional minutes 

(777 hours) to place reservations for 

unscheduled arrivals. At the burdened 

labor rate of $43 per hour, the total 

annual cost burden will be $29,223. 

FAA believes these costs will be a 

minimal burden to the respondents or 

record keepers making the reservations 

for unscheduled flights. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid OMB 

control number. Since the reservation 

system proposed in this document 

would take effect November 1 of this 

year, the FAA will seek emergency 

clearance of this information collection. 

The OMB control number for this 

information collection will be published 

in the Federal Register, after the Office 

of Management and Budget approves it. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ dated September 

30, 1993 (58 FR 51736), directs the FAA 

to assess both the costs and the benefits 

of a regulatory change. We are not 

allowed to propose or adopt a regulation 

unless we make a reasoned 

determination that the benefits of the 

intended regulation justify the costs. 

Our assessment of this rulemaking 

indicates that its economic impact is 

minimal because of the flexibility of 

unscheduled operators to take 

advantage of the dynamic capacity at 

O’Hare. Because the costs and benefits 

of this action do not make it a 

‘‘significant regulatory action’’ as 

defined in the Order, we have not 

prepared a ‘‘regulatory evaluation,’’

which is the written cost/benefit 

analysis ordinarily required for all 

rulemaking under the DOT Regulatory 

Policies and Procedures. We do not 

need to do a full evaluation where the 

economic impact of a rule is minimal. 

Economic Assessment, Regulatory 

Flexibility Determination, Trade Impact 

Assessment, and Unfunded Mandates 

Assessment 

Proposed changes to Federal 

regulations must undergo several 

economic analyses. First, Executive 

Order 12866 directs that each Federal 

agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (19 U.S.C. 2531–2533) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, this Trade Act requires 

agencies to consider international 

standards and, where appropriate, that 

they be the basis for U.S. standards 

Fourth, the Unfunded Mandates Reform 

Act of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually (adjusted for inflation.) 

The Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If it 

is determined that the expected cost 

impact is so minimal that a proposal 

does not warrant a full evaluation, this 

order permits a statement to that effect 

and the basis for it be included in the 

preamble and a full regulatory 

evaluation cost benefit evaluation need 

not be prepared. 

Under this notice, the FAA proposes 

to place limits on unscheduled arrivals 

at O’Hare International Airport to 

accompany the flight limits of 

scheduled flights, which will go into 

effect on November 1, 2004. Consistent 

with the FAA O’Hare Order issued on 

August 18, 2004, FAA defines the 

unscheduled flights as those flights that 

are not published in the Official Airline 

Guide (OAG). Unscheduled arrival 

operations also do not include 

operations regularly conducted by air 

carrier or commuter between O’Hare 

and another service point. FAA has 

used the OAG to determine the 

scheduled flights. Hence, unscheduled 

flights include general aviation, military 

flights, air taxi and other flights such as 

some freight, ferry, and charter flights 

that are not listed in the OAG. Further, 

this proposal does not include 

helicopter operations and flights by 

foreign air carriers, except those flights 

conducted by Canadian air carriers.

For a variety of reasons the proposed 

rule limiting unscheduled flights at 

O’Hare should have minimal economic 

impact. The proposed rule establishes 

flight limits that match the actual 

average number of unscheduled 

operations at O’Hare. For the 7-month 

period preceding the FAA order for 

scheduled operations, January 4–July 

24, the hourly average by day of week 

range from 2.7 to 4.0 flights. Moreover, 

during the hours the reservation system 

is in effect, operators have alternatives 

and can vary arrival times or land at 

another airport in the Chicago area. 

Additionally, during periods of 

favorable weather and operating 

conditions, the airport has capacity to 

accommodate additional arrivals and 

the FAA plans to make additional 

arrival reservations available, provided 

doing so will not significantly increase 

delays. Due to the nature of their 

operations, unscheduled operators are 

able to take advantage of this 

dynamically available capacity. 

The operators of unscheduled flights 

have considerably more discretion and 

flexibility than scheduled operators in 

terms of the flight planning horizon and 

arrival time. FAA thus expects these 

unscheduled flights can easily be 

accommodated. This is especially the 

case for general aviation and military 

flights, which make up the majority of 

the unscheduled flights. The flight plan 

for general aviation and military flights 

are usually filed the last 1 to 3 hours 

before operations. Further, there are 

multiple airports within close proximity 

to O’Hare. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. The RFA covers a wide-range of 

small entities, including small 

businesses, not-for-profit organizations 

and small governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

61712 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in the RFA. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the RFA 

provides that the head of the agency 

may so certify and a regulatory 

flexibility analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

FAA expects that there would be 

more than two entities affected by the 

proposed rule. However, the economic 

effect will be minimal. The operators of 

unscheduled flights have considerably 

more discretion and flexibility than 

scheduled operators in terms of the 

flight planning horizon and arrival time. 

The FAA believes the operators will 

have substantial viable alternatives. 

This can include varying the arrival 

time and day, or landing at another 

airport in the Chicago area. 

Consequently, the FAA certifies that 

this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities.

Trade Impact Analysis 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. The FAA has 

assessed the potential effect of this 

proposed rule and determined that it 

would not have an effect on foreign 

commerce. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (the Act) is intended, among 

other things, to curb the practice of 

imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act requires each Federal 

agency to prepare a written statement 

assessing the effects of any Federal 

mandate in a proposed or final agency 

rule that may result in an expenditure 

of $100 million or more (adjusted 

annually for inflation) in any one year 

by State, local, and tribal governments, 

in the aggregate, or by the private sector; 

such a mandate is deemed to be a 

‘‘significant regulatory action.’’ The 

FAA currently uses an inflationadjusted value of $120.7 million in lieu 

of $100 million. 

This proposed rule does not contain 

such a mandate. The requirements of 

Title II do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and therefore 

would not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this NPRM 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy.

List of Subjects in 14 CFR Part 93

Air traffic control, Airports, Alaska, 

Navigation (air), Reporting and 

recordkeeping requirements.

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend Chapter I of Title 14, 

Code of Federal Regulations, as follows:

PART 93—SPECIAL AIR TRAFFIC 

RULES AND AIRPORT TRAFFIC 

1. The authority citation for part 93 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40109, 40113, 44502, 44514, 44701, 44719, 

46301.

2. Special Federal Aviation 

Regulation No. ll, Operating 

Limitations for Unscheduled Operations 

at Chicago’s International Airport is 

added to read as follows: 

Section 1. Applicability. This Special 

Federal Aviation Regulation (SFAR) No. 

ll applies to persons conducting 

unscheduled operations under 

instrument flight rules (IFR) and visual 

flight rules (VFR) to Chicago’s O’Hare 

International Airport (O’Hare) during 

the hours of 7 a.m. through 8:59 p.m., 

Central Time. This SFAR does not apply 

to helicopter operations and flights by 

foreign air carriers, except those flights 

conducted by Canadian air carriers. 

Section 2. Operational Limits. Except 

as provided for in section 6 below, 

unscheduled IFR and VFR flights to 

O’Hare are limited to 4 arrival 

reservations per hour and no more than 

2 arrival reservations during each halfhour, for the peak hours described in 

section 1. 

Section 3. Reservation Requirement.

Each person conducting an unscheduled 

IFR or VFR flight to O’Hare during the 

peak hours described in section 1 must 

obtain for such flight operation an 

arrival reservation allocated by the 

Airport Reservation Office. In addition 

to obtaining a reservation as described 

in this SFAR, it is the separate 

responsibility of the pilot/operator to 

comply with all NOTAMs, security or 

other regulatory requirements to operate 

at O’Hare. 

Section 4. Terms. For purposes of this 

SFAR: 

‘‘Additional Reservation’’ is an 

approved reservation above the 

established limit. Additional 

reservations are available for 

unscheduled operations only and are 

allocated in accordance with the 

procedures described in section 6 of this 

SFAR. 

‘‘Airport Reservation Office (ARO)’’ is 

an operational unit of the FAA Air 

Traffic Control System Command Center 

that is responsible for administration of 

reservations for the ‘‘other’’ category of 

operations i.e. unscheduled flights at 

High Density Traffic Airports (14 Code 

of Federal Regulations, part 93, subpart 

k), reservations for unscheduled flights 

under Special Traffic Management 

Programs, and the O’Hare Arrival 

Reservation Program. 

‘‘Enhanced Computer Voice 

Reservation System (e–CVRS)’’ is the 

system used by the FAA to make arrival 

and/or departure reservations at 

designated airports requiring 

reservations. There is a touch-tone 

telephone interface, an Internet Web 

interface, and the ability to call the ARO 

directly for making reservations. 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 61713

‘‘Reservation’’ is an authorization 

received in compliance with applicable 

Notices to Airmen (NOTAMs) and 

procedures established by the FAA 

Administrator to operate an 

unscheduled arrival flight to O’Hare. A 

reservation for O’Hare is allocated on a 

30-minute basis beginning at 7 a.m. and 

continuing through 8:59 p.m. Central 

Time. A reservation authorizes a 

planned arrival only within the 

approved time period, unless the flight 

encounters an air traffic control (ATC) 

traffic delay. Reservations are required 

for flights operating under IFR and VFR. 

‘‘Unscheduled Operation’’ is an 

operation other than one regularly 

conducted by an air carrier or commuter 

between O’Hare and another service 

point. However, certain types of air 

carrier and commuter operations are 

also considered for these purposes of 

this definition as unscheduled, 

including irregular charter, hired 

aircraft service, ferry flights, and other 

non-passenger flights. 

Section 5. Reservation Procedures.

a. The FAA’s ARO will receive and 

process all reservation requests for 

unscheduled arrivals at O’Hare during 

the effective period. Reservations are 

allocated on a ‘‘first-come-first-served’’

basis determined by the time the request 

is received at the reservation office. 

Standby lists are not maintained. Users 

may access the computer reservation 

system using a touch-tone telephone, 

via the Internet, or by telephoning the 

ARO directly. Requests for reservations 

will be accepted beginning 72 hours 

prior to the proposed time of arrival at 

O’Hare. For example, a request for an 11 

a.m. reservation on a Thursday will be 

accepted beginning at 11 a.m. on the 

previous Monday. 

b. A maximum of two transactions per 

telephone call/Internet session will be 

accepted. 

c. The ARO will allocate reservations 

on a 30-minute basis, e.g., an approved 

reservation for 1900 UTC covers a 

planned airport arrival any time from 

1900 through 1929 UTC. 

d. A reservation does not ensure 

against traffic delays nor does it 

guarantee arrival within such allotted 

time. A reservation also is not an ATC 

clearance. Aircraft specifically delayed 

by ATC traffic management initiatives 

are not required to obtain a new 

reservation based on the revised arrival 

time. 

e. Users must check current NOTAMs 

in effect for the airport. A reservation 

from e–CVRS does not constitute 

permission to operate if additional 

operational limits or procedures are 

required by NOTAM and/or regulation.

f. The filing of a request for a 

reservation does not constitute the filing 

of an IFR flight plan as required by 

regulation. The IFR flight plan must be 

filed only after the reservation is 

obtained and must be filed through 

normal channels. The ARO does not 

accept or process flight plans. 

g. Users may obtain reservations by 

(1) accessing the Internet; (2) calling the 

ARO’s interactive computer system via 

touch-tone telephone; or (3) calling the 

ARO directly. The telephone number for 

the e–CVRS computer is 1–800–875–

9694. This toll free number is valid for 

calls originating within the United 

States, Canada, and the Caribbean. Users 

outside those areas may access e–CVRS 

by calling the toll number of (703) 707–

0568. The Internet Web address for 

accessing e–CVRS is http://

www.fly.faa.gov/ecvrs. Users may 

contact the ARO at 703–904–4452 if 

they have a problem making a 

reservation using the automated 

interfaces, if they have a question 

concerning the procedures, or if they 

wish to make a telephone reservation 

from outside the United States, Canada, 

or the Caribbean. (Note: The inability to 

obtain a reservation because all the 

reservations have been allocated is not 

considered as having a problem making 

a reservation.) 

h. When filing a request for an arrival 

reservation at O’Hare, the pilot must 

provide the following information: 

(1) Date(s) and hour(s) (UTC) of 

proposed operation(s). 

(2) Aircraft call sign, flight 

identification, or tail number(s). 

Operators using a 3-letter identifier and 

flight number for air traffic control 

(ATC) communication must obtain a 

reservation using that same information. 

Operators communicating with ATC 

using an aircraft tail number must 

obtain a reservation using the tail 

number. 

(3) Aircraft type identifier. 

(4) Origin airport (3-letter identifier) 

immediately prior to the proposed 

arrival at O’Hare. 

Should the requested time not be 

available, the user will be offered the 

closest available time before and after 

the requested time. If an alternate time 

is accepted, this will be the reservation. 

i. Users must advise the ARO 

whenever a change is needed to an 

allocated reservation. Changes must be 

made to e–CVRS reservations by using 

the telephone interface, the Internet 

Web interface, or by calling the ARO. 

j. A reservation must be cancelled 

when a user knows that it will not be 

used. Cancellations must be made 

through e–CVRS as soon as practical 

using the telephone interface, the 

Internet Web interface, or by calling the 

ARO. Early cancellation of reservation 

will provide opportunities for other 

operators to use the limited number of 

airport reservations. 

1. The following information is 

needed to change or cancel a 

reservation: 

(1) Aircraft 3-letter identifier and 

flight number or tail number, depending 

on what information was provided for 

the original reservation. 

(2) Airport for which the reservation 

was made. 

(3) Date and Time (UTC) of 

reservation. 

(4) Reservation number. 

Section. 6. Additional Reservations. 

a. Notwithstanding the restrictions in 

section 1, if in the judgment of the Air 

Traffic Organization, ATC weather and 

capacity conditions are favorable and 

significant delay is not likely at O’Hare 

or in the national airspace system as a 

result of O’Hare-related operations, the 

Air Traffic Control System Command 

Center may in its sole discretion 

determine that additional reservations 

may be accommodated for a specific 

time period. Generally, the availability 

of additional reservations will not be 

determined more than 8 hours in 

advance. If available, additional 

reservations will be added to e–CVRS 

and granted on a first-come-first-served 

basis using the procedures described in 

section 5 of this SFAR. Reservations for 

arrival operations are not granted by the 

local ATC facility and must be obtained 

through e–CVRS/ARO. 

b. An operator who has been unable 

to obtain a reservation at the beginning 

of the 72-hour window may find that a 

reservation may be available on the 

scheduled day of operation due to 

additional reservations or cancellations. 

c. ATC will accommodate declared 

emergencies without regard to 

reservations. Non-emergency flights in 

support of national security, law 

enforcement, or similar requirements 

may be accommodated above the 

reservation limits with the prior 

approval of the FAA Vice President, 

System Operations Services. 

Section 7. Making Arrival 

Reservations at O’Hare Using e–CVRS.

a. Telephone users. When using a 

touch-tone telephone to make a 

reservation, you are prompted for a 

response. All input is accomplished 

using the keypad on the telephone. One 

issue with a touch-tone telephone entry 

is that most keys have a letter and 

number associated with them. When the 

system asks for a date or time, it is 

expecting an input of numbers. A 

problem arises when entering a tail 

number, or 3-letter identifier. The 

61714 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 

system does not detect if you are 

entering a letter (alpha character) or a 

number. Therefore, when entering an 

aircraft identifier and flight number or 

aircraft registration/tail number two 

keys are used to represent each letter or 

number. When entering a number, 

precede the number you wish by the 

number 0 (zero) i.e., 01, 02, 03, 04, 

* * * If you wish to enter a letter, first 

press the key on which the letter 

appears and then press 1, 2, or 3, 

depending upon whether the letter you 

desire is the first, second, or third letter 

on that key. For example to enter the 

letter ‘‘N’’ first press the ‘‘6’’ key 

because ‘‘N’’ is on that key, then press 

the ‘‘2’’ key because the letter ‘‘N’’ is the 

second letter on the ‘‘6’’ key. Since there 

are no keys for the letters ‘‘Q’’ and ‘‘Z,’’

e–CVRS pretends they are on the 

number ‘‘1’’ key. Therefore, to enter the 

letter ‘‘Q,’’ press 11, and to enter the 

letter ‘‘Z,’’ press 12.

Note: Users are reminded to enter the ‘‘N’’

character with their tail numbers (see Table 

1). Operators using a 3-letter identifier and 

flight number to communicate with ATC 

facilities should enter that call sign when 

making their reservation.

TABLE 1.—CODES FOR CALL SIGN/

TAIL NUMBER INPUT

[Codes for call sign/tail number input only] 

A–21 ....... J–51 ........ S–73 ....... 1–01 

B–22 ....... K–52 ....... T–81 ....... 2–02 

C–23 ....... L–53 ........ U–82 ....... 3–03 

D–31 ....... M–61 ....... V–83 ....... 4–04 

E–32 ....... N–62 ....... W–91 ...... 5–05 

F–33 ....... O–63 ....... X–92 ....... 6–06 

G–41 ....... P–71 ....... Y–93 ....... 7–07 

H–42 ....... Q–11 ....... Z–12 ....... 8–08 

I–43 ......... R–72 ....... 0–00 ........ 9–09 

b. Additional helpful key entries: (See 

Table 2).

TABLE 2.—HELPFUL KEY ENTRIES

# ......................... After entering a call sign/tail number, depressing the ‘‘pound key’’ (#) twice will indicate the end of the tail number. 

* 2 ....................... Will take the user back to the start of the process. 

* 3 ....................... Will repeat the call sign/tail number used in a previous reservation. 

* 5 ....................... Will repeat the previous question. 

* 8 ....................... Tutorial Mode: In the tutorial mode each prompt for input includes a more detailed description of what is expected as input. 

* 8 are a toggle on/off switch. If you are in tutorial mode and enter * 8, you will return to the normal mode. 

* 0 ....................... Expert Mode: In the expert mode each prompt for input is brief with little or no explanation. Expert mode is also on/off toggle. 

c. Internet Web Based Interface. The 

e–CVRS reservation system includes a 

Web-based interface. The Internet 

option provides a fast, user-friendly 

environment for making reservations. 

The Internet address is http://

www.fly.faa.gov/ecvrs. Flight 

information may be added or edited 

using e–CVRS after the reservation is 

initially obtained. 

All users of e–CVRS must complete a 

one-time registration form containing 

the following information: full name; email address; a personal password; 

password confirmation; and company 

affiliation (optional). Your e-mail and 

password are required each time you log 

in to use e–CVRS. Instructions are 

provided on each page to guide you 

through the reservation process. If you 

need help at any time, you can access 

page-specific help by clicking the 

question mark ‘‘?’’ located in the upper 

right corner of the page.

Issued in Washington, DC, on October 15, 

2004. 

Linda M. Schuessler, 

Vice President, System Operations Services, 

Federal Aviation Administration.

[FR Doc. 04–23539 Filed 10–18–04; 10:08 

am] 

BILLING CODE 4910–13–P