Aviation Congestion

Caps on JFK and Newark

The Department has a strong preference for using market-based measures to preserve passenger choice while reducing delays. Although caps are not a preferred option, this short-term solution will help to prevent a repeat of last summer's delays.

On January 18, 2008, the Federal Aviation Administration published an Order establishing temporary limitation on the number of operations at JFK (73 Fed. Reg. 3510). The order takes effect on March 30, 2008, and expires on October 24, 2009. The order indicates that as planned operational and capacity improvements come online, the Department will expand the number of hourly flights that can operate at JFK. These new slots will be available to lease to the carriers valuing them the highest. The order will allow 50 more flights per day than were offered last summer, but they will be spaced more efficiently. The FAA Web site has more information about the JFK Order.

On March 18, 2008, the Federal Aviation Administration published a Notice proposing to establish a temporary limitation on the number of operations at Newark. The FAA proposes limiting operations at Newark to an average of 83 per hour from June 1, 2008, to October 24, 2009. The comment period closes April 1, 2008. Additionally, Newark already has been designated as a Level 3 Coordinated Airport for the summer 2008 scheduling season under the International Air Transport Association (IATA) World Scheduling Guidelines (see Notice, 72 Fed. Reg. 73418).