BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

_____ ) Motion of ) ) AIRLINES for AMERICA (A4A) ) REGIONAL AIRLINES ASSOCIATION (RAA) ) Docket DOT

- OST

- 20 13

-

____ ) for a temporary exemption from ) 14 C.F .R. § 259 .4 ) )
MOTION OF AIRLINES FOR AMERICA (A4A) AND REGIONAL AIRLINES ASSOCIATION FOR A TEMPORARY EXEMPTION FROM 14 C.F.R

. § 259 .4 Communications with respect to this document should be addressed to:

DATED: April 19, 2013

NOTICE: Answers to this motion are due on or before April 26 , 201 3
. Copies of such answers should be served upon the undersigned. DAVID A. BERG Senior Vice Presid ent, General Counsel and Secretary AIRLINES FOR AMERICA 1301 Pennsylvania Avenue, NW Suite 1100 Washington, DC 20004 Telephone: (202) 626

- 4234 Fax: (202) 626

- 4139 dberg@airlines.org ROGER COHEN President REGIONAL AIRLINE ASSOCIATION 2025 M Street, NW Was hington, DC 20036 Telephone: (202) 367

- 1250 Fax: (202) 367

- 2170 cohen@raa.orgBEFORE T HE DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

_ ____ ) Motion of ) ) AIRLINES for AMERICA (A4A) ) REGIONAL AIRLINE ASSOCIATION (RAA) ) ) Docket DOT

- OST

- 2013

-

_______ for a temporary exemption from ) 14 C.F.R

. § 259 .4 ) )
DATED: April 19 , 201 3

MOTION OF AIRLINES FOR AMERICA (A4A) AND REGIONAL AIRLINES ASSOCIATION FOR A TEMPORARY EXEMPTION FROM 14 C.F.R. § 259 .4 Airlines for America ( “ A4A ” ) and Regional Airline Association (“RAA”) , pursuant to 14 C.F.R. § 302 .11 and 49 U.S.C. § 40109 (c), hereby requests that the Department grant a temporary exemption from its tarmac

- delay r egulations under 14 C.F.R. § 259 .4 for a period of at least 90 days or until the Federal Aviation Administration (“FAA”) se questration furloughs end, whichever is longer, due to the substantial delay and disruption to air travel that will occur at U.S. airports from the
FAA decision to implement daily ground delay s and reduce air traffic control personnel as part of its seques tration implementation plan adopted in response to the Budget Control Act of 2011. Granting this exemption is in the public interest as
it will pro vide airlines with some operational flexibility to help address delays and disruptions caused by the FAA’s s equestration plan. In support of its motion for a temporary exemption from the tarmac

- delay regulations , A 4A states the following:Moti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 2

1

. Just this week, the FAA informed A4A and RAA and its member airlines that, as part of its sequestration implementation pl an, effective April 21, 2013, the FAA will implement daily ground delay s at seven major U.S. airports that will result in the delay of approximately 3,800 flights daily. These seven airports are among the busiest in the U nited States, and include Newark L iberty International Airport, John F. Kennedy International Airport, La Guardia Airport, Fort Lauderdale/Hollywood International Airport, Chicago O’Hare International Airport, San Diego International Airport, and Los Angeles International Airport. The FAA has also determined that an additional six major U.S. airports will require daily traffic management initiatives resulting in approximately 2,900 additional daily flights being delayed . These six airports also are among the busiest in the U nited States , and include Philadelphia International Airport, Charlotte/Douglas International Airport, Hartsfield

- Jackson Atlanta International Airport, Miami International Airport, Chicago Midway International Airport, and San Francisco International Airport. M ost of these
13 airports are major hubs for U.S. airlines, and the projected flight delays threaten
to wreak havoc on the carriers’ networks, impacting hundreds of cities across the U nited States from which traffic is routed through these hub airports by delaying other flights and forcing passengers to miss connections

. Combined, these 13 airports are expected to experience delays to approximately 6,700 daily flights, even assuming good weather , no additional FAA staffing issues , or any other issues that could af fect daily operations . The potential amount of daily flight delays projected by the FAA is alarming, especially considering that , in all of 2012, the most flight delays experienced on a single day in the U nited States was less than half thisMoti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 3
amount (2,994 flights). These flight delays will continue at least until the end of the current fiscal year (September 30, 2013).
2

. A4A , RAA and their members were notified on Tuesday, April 16,
2013 of the FAA’s plans to impose these drastic delays have had no time or opportunity to identify and plan for all of the system

- wide impacts of these delays.
The projected flight delays are expected to impact airlines and their passengers just
as the heav y peak summer traffic season begin s

. Flights have already been sold

m onths in advance , planes will be full, and delays and flight cancellations will result
in turmoil for the traveling public

. Airlines’ existing flight schedules were devised and implemented in good faith based on the airlines’ (and the traveling public’s) reasonable expectation that the FAA would be able to accommodate certain flight volumes at the affected airports. The FAA’s delay plan, however, may make it impossible for airlines to operate these set flight schedules that passengers are relying upon wit hout substantial delays and last

- minute cancellations.
3. The Department’s tarmac

- delay regulations under 14 C.F.R. § 259 .4 prohibit an air carrier from allowing aircraft to remain on the tarmac for more than three hours in the case of domestic flights , and for more than four hours in the case of international flights, before allowing passengers to deplane, except in certain limited situations where safety or security prevent the aircraft from leaving its position on the tarmac or when air traffic contr ol advises that returning to the gate or other disembarkation point would “significantly disrupt airport operations.”
4. Concerns about compliance with DOT’s tarmac

- delay regulations threaten to make this critical situation caused by the FAA’s flight

- delay plan evenMoti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 4

worse. In order to avoid violating DOT’s tarmac

- delay rules and being subjected to substantial civil penalties, airlines may be forced to cancel flights and significantly disrupt the travel plans of their passengers. During this period of FAA

- imposed daily ground delays, airlines will be forced to operate in unprecedented and highly unpredictable circumstances where the only certainty seems to be that there will be substantial delays even if no one can predict how extensive those delays may be at a particular airport on a particular day or for a particular flight. In these circumstances, airlines may feel compelled to return aircraft to the gate in order to avoid violating Part 259, thereby further complicating an already bad traffic situation at these impacted airports. This in turn could create excessive ground congestion as the demand for access to gates exceeds the supply, and airlines and airport operators struggle to ensure an adequate supply of jet stairs and passenger holding areas with in airport terminals.
5

. In order to avoid exacerbating the scale and effect of projected flight delays and resulting flight cancellations on airline operations and to avoid even

worse disruption to passenger travel plans due to flight delays and cancella tions,
A4A and RAA requests that the Department grant a temporar y exemption from §
259.4 of the tarmac
- delay r egulations for a period of at least 90 days or until the Federal Aviation Administration (“FAA”) sequestration fur loughs end, whichever is longer

. Such a temporary exemption will provide airlines with the operating flexibility necessary to focus on respond ing to the FAA’s projected delays in ways that minimize disruptions for the traveling public

.Moti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 5

6. To be clear, A4A and RAA are not proposing that DOT suspend the effectiveness of the tarmac regulations in general. On the contrary, our requested exemption is narrowly tailored and would only apply for a temporary period at all U.S. airports. The exemption request includes only the rules pro hibiting air carriers from allowing aircraft to remain on the tarmac for more than three hours in the case of domestic flights, and for more than four hours in the case of international flights, before allowing passengers to deplane, and is intended to pro vide airlines with the operating flexibility to respond to the expected flight delays resulting from the FAA’s delay plans. An exemption from § 259.4 will assist the airlines in reducing the number of potential flight cancellations that could result from the FAA’s plans and alleviate the expected disruption to operations on the ground caused by the large number of aircraft that would be forced to return to the gate to avoid violating Part
259.
7

. Strict applicatio n and enforcement of the tarmac

- delay regu lations in § 259.4 would be particularly inappropriate and harmful in the context of the FAA’s impending flight

- delay program because the types of delays that the FAA’s program is likely to create are fundamentally different from the types of incidents tha t prompted DOT to implement the tarmac

- delay regulations. DOT, in adopting the
tarmac
- delay regulations, took the position that the airlines have a responsibility to be prepared to manage service and operational disruptions caused by ad hoc , extraordinary , relatively rare but predictable events such as large snowstorms. Accordingly, DOT issued final regulations, but afforded the airlines 120 days inMoti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 6
which to prepare to comply with the regulations’ detailed requirements. 1 / By contrast, the full effects an d implications of the FAA’s abrupt and all

- but

- immediate implementation of severe restrictions on flight operations at many of the busiest U.S. airports during th is summer travel season are extremely difficult to predict.
Airlines have been afforded no op portunity for advance planning for the widespread effects of FAA’s flight

- delay plan : they have no way of knowing in advance how

severe the delays may be at a particular airport on a particular day, so there is no way to plan accordingly and to do so at su ch short notice when the airlines are already committed to operating a schedule of flights for which consumers have purchased tickets. Airlines will need to make (potentially system

- wide) schedule adjustments, but that process will take time, particularly when the schedules at issue involve flights that the airlines have already sold to the public. Airlines also will need time to develop experience about how to manage these FAA

- imposed ground stops in ways that limit the impact on operations and minimize tarmac delays. As noted above, the airlines have no experience with a program such as the FAA’s flight

- delay plan, which will impose severe delays on thousands of flights at key airports on a daily basis. From a tarmac

- delay planning perspective, this
po ses completely different and as yet largely unknown challenges from those posed by the relatively rare and localized types of largely weather

- related events that prompted adoption of the tarmac

- delay regulations. Unquestionably, however, the effects of th e FAA’s flight

- delay plan will be felt at many more airports and with

1 / Enhancin g Airline Passenger Protections, 74 Fed. Reg. 68983, 68999 (Dec. 30, 2009), 76 Fed. Reg. 23110, 23156

- 57 (Apr. 25, 2011).Moti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 7
respect to many more flights than is typically the case with the sort of weather

related incident with which tarmac delays (until now) were generally associated.
These uncertainties

– a nd the airlines’ need for time to develop plans to manage the effect of the FAA’s flight program

– underscore the need for a temporary exemption from the strictures of the tarmac

- delay regulations in § 259.4.
8

. In these circumstances , s trict application a nd enforcement of the tarmac delay regulations in § 259.4 would serve no purpose other than to punish the airlines for the effects of extraordinary and unpredictable delays that are wholly attributable to the FAA, not the airlines. Moreover, as noted abov e, strict application of the tarmac

- delay rules could make a bad situation worse for passengers because airlines, rather than focusing on minimizing delays and disruptions due to the FAA’s flight

- delay program, would be forced to prioritize compliance with the tarmac

- delay rule requiring the return of an aircraft to the terminal when a flight is at risk of exceeding the 3

- or 4

- hour tarmac
- delay deadline. Given the unpredictability of the effects of the FAA’s flight

- delay plan, it would be far better to al low the airlines some discretion to respond to the consequences of the FAA’s action by making operational decisions at a given airport on a given day in ways that they believe will best serve their customers rather than tethering the airlines to strict com pliance with the tarmac

- delay regulations. In short, the tarmac

- delay regulations were not intended to address the type of widespread , unpredictable , government
- imposed delays that are likely to be the result of the FAA’s flight

- delay plan; therefore, DOT should exercise its authority to provide airlines some temporary relief from theseMoti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 8
regulations while the airlines work through an extraordinarily difficult set of circumstances that are not of the ir making.
9

. The requested exemption would clearly serve the public interest. The FAA has not provided detailed information about the specific impacts of its delay plan at each of the affected airports. Instead, the FAA has only advised the airlines that substantial delays are inevitable at affected airports. It is in the common interest of the airlines, the traveling public, the FAA and DOT that airline operations continue at the affected airports in as orderly a manner as possible. In light of the unprecedented circumstances created by the FAA’s delay plan

– which after all is a government
- created problem that is beyond the airlines’ control

– the Department should grant the requested temporary exemption

. 10

. A4A and RAA ’s members take seriously their responsibility to their
customers and intend to do ever ything in their power to minimize the adverse effects of the FAA’s flight

- delay plan on those customers. Although the airlines are not responsible for creating this problem, the airlines and their employees will do their best to manage the service delays and disruptions that the FAA’s actions will

cause. We are seeking this temporary exemption because it (and its members) strongly believe that strict application of the tarmac delay regulations in § 259.4 will exacerbate delays and cause greater inconvenie nce for passengers. WHEREFORE, for the reasons set forth above, A4A and RAA respectfully request that the Department grant a temporary exemption from the requirements of 14 C.F.R. § 259 .4 for a period of at least 90 days or until the Federal Aviation Admi nistration (“FAA”) sequestration furloughs end, whichever is longer, to provideMoti on of Airlines for America (A4A) and Regional Airline Association (RAA) Page 9
the airlines the flexibility to address the unprecedented flight delays resulting from the FAA’s implementation of daily ground delay s at some of the nation’s largest airports.

Respectfully submitted,

________________________ ____________________________

DATED: April 19 , 2013 DAVID A. BERG Senior Vice President, General Counsel and Secretary AIRLINES FOR AMERICA 1301 Pennsylvania Avenue, NW Suite 1100 Washington, DC 200 04 Telephone: (202) 626

- 4234 Fax: (202) 626

- 4139 dberg@airlines.org R OGER COHEN President REGIONAL AIRLINE ASSOCIATION 2025 M Street, NW Washington, DC 20036 Telephone: (202) 367

- 1250 Fax: (202) 367

- 2170 cohen@raa.org