Continental Airlines Proposes Three Major Airports In New York Exemption New Tarmac Rule

According to Continental Airlines, carriers serving New York’s three major airports should be temporarily exempt from new federal rules that fine airlines for tarmac delays.

In a Department of Transportation filing, Continental Airlines said delays from John F. Kennedy International Airport’s runway closure and construction impact all major airports in New York City.

Due to New York’s complex and interconnected airspace, Continental said “delays and delay mitigation strategies at one New York area airport adversely affect and inconvenience air carriers and passengers at another New York area airport.” Bad weather and conflicting runway approaches could cause “exponential increases” in the number of delays occurring at the other New York airports, said Continental.

Earlier last week, JFK’s top two carriers, Delta Air Lines and JetBlue Airways, asked for a temporary exemption from the new tarmac rule due to the “sizable effect on traffic flow” the construction and closure of JFK’s main runway has on operations at the airport.

Continental says that if exemptions are given to Delta Air Lines and JetBlue Airways, Continental’s request should be granted too — “Fundamental fairness dictates” that airlines serving Newark Liberty International and LaGuardia airports should receive the same relief.

According to the Associated Press, the Federal Aviation Administration expects delays at JFK will average about 50 minutes during peak times and 29 minutes at other times during runway construction. The construction is expected to end June 30.

Effective April 29, airlines could face fines up to $27,500 per passenger for flights kept on the tarmac greater than three hours. Last week, Continental Airlines chief executive Jeffrey Smisek said the airline plans to cancel flights rather than risk fines under the new regulations. Other carriers are expected to act similarly to dodge hefty fines — about $4 million for an average full Boeing 737 kept on the tarmac for 3+ hours.

American Airlines recently joined the list of carriers asking for an exemption, and filed with the DOT on Monday. American, who has a hub at JFK, said they support JetBlue and Delta in their requests, but only if exemptions apply to all carriers at JFK. Any scenario under when which some but not all carriers at JFK would be subject to the tarmac delay rule would be unworkable, unfair and confusing to consumers,” said American in its DOT filing.

If carriers at New York airports do not receive exemptions from the tarmac rule, especially JFK based carriers, flight cancellations will rise. The more flight cancellations, the fewer re-bookings available for future flights. If and when a storm covers the New York area, flight cancellations could easily strand passengers at airports under the new rule.