Notice2026-07665
Operating Limitations at Chicago O'Hare International Airport, Order Establishing Scheduling Limits
Primary source
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Published
April 20, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Full Text
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<title>Federal Register, Volume 91 Issue 75 (Monday, April 20, 2026)</title>
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[Federal Register Volume 91, Number 75 (Monday, April 20, 2026)]
[Notices]
[Pages 21071-21078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07665]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Operating Limitations at Chicago O'Hare International Airport,
Order Establishing Scheduling Limits
AGENCY: Department of Transportation (DOT), Federal Aviation
Administration (FAA).
ACTION: Order establishing scheduling limits at Chicago O'Hare
International Airport.
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I. Introduction
Following delay reduction meetings conducted under 49 U.S.C. 41722,
this Order establishes a temporary limit on the number of scheduled
operations at Chicago O'Hare International Airport (ORD). It allocates
those operations based on Summer 2025 (i.e., March 30, 2025, through
October 25, 2025) approved schedules under standard International Air
Transportation Association (IATA) Level 2 schedule facilitation
guidelines. Unapproved air carrier schedules published at ORD well
after the conclusion of the standard Level 2 facilitation process and
proximate to the beginning of the Summer 2026 scheduling season
(``Summer 2026'', i.e., March 29, 2026, through October 24, 2026) will
exceed the airport's capacity throughout Summer 2026 based on current
factors such as airport construction and competitive scheduling
dynamics occurring between the two largest carriers at the airport.
Therefore, the Federal Aviation Administration (FAA) has determined
that 2,708 operations per day is the level that will maximize capacity
at the airfield in the Summer of 2026 without resulting in delays that
are worse than those experienced in the Summer of 2025.
By establishing this scheduling limit, this Order will achieve
significant public benefits in Summer 2026 by improving airspace and
airfield safety and efficiency, reducing surface movement in the
constrained taxiway environment, mitigating the substantial
inconvenience to the traveling public caused by excessive flight delays
at the airport, and will meet a serious transportation need by
preventing widespread operational disruption at ORD and throughout the
National Airspace System (NAS) during Summer 2026. This Order takes
effect on May 17, 2026, and expires on October 24, 2026. As discussed
further below, the FAA believes that significant progress on airfield
construction through the Summer 2026 season will reduce the likelihood
of the need for the scheduling limit beyond the end of the season.
II. Background
Authority
In this matter, using authority provided in 49 U.S.C. 41722, the
Secretary of Transportation requested that the Administrator convene
meetings involving air carriers serving ORD to reduce overscheduling
and flight delays during hours of peak operation in Summer 2026.
Consistent with the statutory standards, the Secretary determined that
the meetings were necessary to meet a serious transportation need or
achieve an important public benefit, and the Administrator conducted
the meetings.
The U.S. Government has exclusive sovereignty over the airspace of
the United States,\1\ and the Department of Transportation, including
the FAA, has broad authorities to address safety, efficiency, economic,
and competitive issues affecting the airline industry. As part of these
broad authorities, the Administrator may assign by regulation or order
the use of the airspace as necessary to ensure the safety of aircraft
and the efficient use of the airspace.\2\ The Administrator may modify
or revoke an assignment when required by the public interest.\3\ The
Administrator considers as being in the public interest, among other
things, controlling the use of the navigable airspace and regulating
operations in that airspace in the
[[Page 21072]]
interests of safety and efficiency.\4\ In carrying out his
responsibilities under the Federal Aviation Act, the Secretary
considers as being in the public interest, among other things:
maintaining the availability of a variety of adequate, economic,
efficient, and low-priced services without unreasonable concentration;
placing maximum reliance on competitive market forces and on actual and
potential competition; and preventing unfair, deceptive, predatory, or
anticompetitive practices in air transportation.\5\
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\1\ 49 U.S.C. 40103.
\2\ 49 U.S.C. 40103(b)(1), as previously codified in 49 U.S.C.
App. Sec. 307(a). Title 49 was recodified by Public Law 103-222,
108 Stat. 745 (1994). The textual revisions were not intended to
result in substantive changes to the law. The recodification stated
that the words in Sec. 307(a) ``under such terms, conditions, and
limitations as he may deem'' were omitted as surplus. H. Rpt. 103-
180 (103d Cong., 1st Sess. 1993) at 262.
\3\ Id.
\4\ 49 U.S.C. 40101(d)(4).
\5\ 49 U.S.C. 40101(a)(4), (a)(6) and (a)(9).
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ORD Level 2 Designation
On September 22, 2008, FAA designated ORD as a Level 2 schedule-
facilitated airport under the International Air Transportation
Association (IATA) Worldwide Slot Guidelines (WSG), effective at the
start of the Summer 2009 scheduling season.\6\ FAA determined that the
Level 2 designation was appropriate for ORD in advance of the
termination of the provisions of Title 14 of the Code of Federal
Regulations (CFR), Part 93, Subpart B--Congestion and Delay Reduction
applicable to ORD set for October 31, 2008.\7\ This subpart prescribed
rules and procedures for the scheduled operations and the assignment,
transfer, sale, lease, and withdrawal of Arrival Authorizations at ORD.
These rules were sunset with respect to ORD in light of the O'Hare
Modernization Plan. The planned opening of a new runway that would
increase capacity at the airport was set for shortly after the sunset
date.\8\ At the time, FAA believed that it was unnecessary to continue
those requirements provided in 14 CFR part 93 for scheduled operations
because the new runway was intended to increase capacity at the
airport. However, as the airport adjusted to the new capacity and as
the O'Hare Modernization Plan continued to progress, FAA concluded that
the Level 2 designation was necessary to facilitate the scheduling of
operations so that the airport did not suffer from periods of
overscheduling.\9\
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\6\ Notice of Submission Deadline for Schedule Information for
O'Hare International, John F. Kennedy International, and Newark
Liberty International Airport for the Summer 2009 Scheduling Season,
73 FR 54659 (September 22, 2008).
\7\ Id.
\8\ Id.
\9\ Id.
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On May 1, 2019, FAA temporarily suspended ORD's Level 2 runway
designation for the Winter 2019/2020 scheduling season while reviewing
if the Level 2 designation was ``provid[ing] substantive benefits to
the traveling public by reducing potential runway congestion and
delay.'' \10\ The FAA's suspension of Level 2 schedule facilitation
only impacted runway and did not change the airport's Level 2 Terminal
designation.\11\ Carriers still had to work with the terminal
facilitator on schedule review consistent with prior seasons.\12\ The
suspension only impacted the Winter 2019/2020 scheduling season. On
September 27, 2019, FAA announced that it concluded its review of Level
2 airports and Level 2 schedule facilitation at ORD as a Level 2
airport would resume at the start of the Summer 2020 scheduling season.
To date, ORD remains a Level 2 airport.
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\10\ Notice of Submission Deadline for Schedule Information for
John F. Kennedy International Airport, Los Angeles International
Airport, Newark Liberty International Airport, and San Francisco
International Airport for the Winter 2019/2020 Scheduling Season;
Suspension of Level 2 at Chicago O'Hare International Airport, 84 FR
18630 (May 1, 2019).
\11\ Id.
\12\ Id.
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FAA does not allocate slots, apply historic precedence, or impose
minimum usage requirements under Level 2 at ORD. Level 2 schedule
facilitation depends upon close and continuous discussions and
voluntary agreement between carriers and FAA to reduce congestion. At
Level 2 airports, FAA provides priority consideration for flights
approved by FAA and operated by the carrier in those approved times in
the prior scheduling season when FAA reviews proposed flights for
facilitation in the next corresponding scheduling season. Only those
flights that were operated as approved in the prior scheduling season
generally receive priority for the next corresponding scheduling
season. However, FAA notes that the usual Level 2 processes include
flexibility for the facilitator to prioritize planned flights that are
canceled in advance or on the day of the scheduled operation due to
operational impacts beyond the control of the carrier.\13\
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\13\ Construction-Related Scheduling Relief Concerning
Operations at Newark Liberty International Airport, Chicago O'Hare
International Airport, Los Angeles International Airport, San
Francisco International Airport, and Ronald Reagan Washington
National Airport, March 1, 2025 Through June 15, 2025, and September
1, 2025, Through December 31, 2025, 89 FR 91544 (November 11, 2024).
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Summer 2025 Performance and Planned Summer 2026 Schedule
Daily scheduled operations for the Summer 2025 scheduling season
peaked at approximately 2,680 total daily operations. In Summer 2025,
ORD managed a total of 495,874 operations (source: Cirium). Overall,
the average on-time performance rate was approximately 75% (source:
Cirium).\14\ Of the 247,929 departures at ORD during Summer 2025, only
56% of departures and experienced no delay (source: Cirium). Of the
247,945 arrivals at the airport during Summer 2025, only 58%
experienced no delay (source: Cirium).
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\14\ ``On-time'' in this instance means within 15 minutes of the
scheduled arrival or departure time.
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The reduced performance in 2025 was largely influenced by extensive
construction projects at ORD. These included tollway construction along
the western airport boundary, rehabilitation work on Taxiways A & B
resulting in partial closures, and various taxiway closures paired with
new routing to accommodate concrete work west of the main terminal area
as part of the Terminal Area Plan (TAP). Additionally, Phase 2 of
Taxiway LL construction, which involved the reconstruction of Taxiway N
to accommodate Taxiway LL, further complicated operations.
Looking ahead to Summer 2026, many of these construction projects
will continue. Tollway construction along the western boundary will
persist, along with ongoing rehabilitation and partial closure of
Taxiway A. TAP-related construction and continued work on Taxiway N
will also proceed. Given these continued disruptions, the FAA
anticipates similar operational challenges as those experienced in
2025.
Reducing the schedule at ORD for Summer 2026 is a strategic
decision to mitigate expected performance issues. Proactively adjusting
the daily scheduled operations will enhance on-time performance and
minimize delays, thereby improving the overall efficiency and
reliability of airport operations during this period of continued
extensive construction.
On October 3, 2025, FAA issued the Schedule Submission Notice for
Summer 2026. Consistent with the Worldwide Airport Slot Guidelines
(WASG), FAA processed the ORD submissions in a timely fashion.\15\
After the initial slot allocation list (SAL) was issued to carriers by
FAA in November
[[Page 21073]]
2025, FAA continued to field requests for additional operations from
carriers.
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\15\ The currently effective version of the WASG is edition 4,
effective August 1, 2025. However, despite several updates to the
guidelines, the FAA generally applies its predecessor, the Worldwide
Slot Guidelines (WSG), edition 9, to the extent there is no conflict
with U.S. law or regulation. The WASG is published jointly by
Airports Council International-World, IATA, and the Worldwide
Airport Coordinators Group (WWACG). To avoid confusion, the
guidelines will be referred to generally as ``WASG'' throughout this
document unless specifically referring to the WSG.
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As noted in the March 3, 2026, Notice, currently published
schedules exceed 3,080 daily operations on peak days (source: Cirium).
The published schedule for a peak day in Summer 2026 represented a
14.9% increase from a peak day in Summer 2025. This proposed increase
is significant and would stress the runway, terminal, and air traffic
control systems at the airport in light of present operating
conditions.
The Department of Transportation (DOT) and FAA determined that the
increase in operations at ORD evident from published schedules will
exceed the airport's capacity throughout the Summer 2026 scheduling
season. In order to address DOT's and FAA's concerns that ORD had
become overscheduled for the Summer 2026 scheduling season, the FAA
Administrator, in coordination with the Secretary of Transportation,
asked air carriers to participate in a scheduling reduction meeting to
find a resolution to the overscheduling.
Scheduling Reduction Meetings
Understanding that the Summer 2026 scheduling season was to start
on March 29, 2026, as conditions were evolving, FAA expeditiously
convened a scheduling reduction meeting with U.S. domestic air carrier
participants and representatives from the Chicago Department of
Aviation (CDA). Representatives of the Department of Justice Antitrust
Division monitored the joint and individual meeting sessions of the
scheduling reduction meeting. The in-person sessions between air
carriers and FAA and DOT were transcribed.
The initial session occurred on March 4, 2026. These discussions
were based on targeted reductions proposed in the Notice dated March 3,
2026, with a daily cap target of 2,800 operations, with 100 arrivals
and departures respectively per hour. This initial proposal reflected
what would essentially be a freeze at then-current peak operations at
ORD. However, through the course of the proceedings, FAA proposed
lowering the targeted operational limit as FAA grew concerned that
ongoing airfield construction impacts would impede the ability of the
airport to handle additional capacity over the peak Summer 2025 level
(i.e., approximately 2,600 daily operations).
During the proceedings, FAA also proposed using the Summer 2025
scheduling season as the baseline to fairly allocate the reductions
among the major air carrier operators at the airport in such a way as
not to unduly affect the competitive balance at the airport. FAA
recessed the March 4, 2026, proceedings without an agreement from air
carriers on reductions for Summer 2026.
After reviewing stakeholder input from the first round of meetings,
written submissions to the docket, and operational data for ORD, on
March 18, 2026, the FAA published a Notice announcing a second round of
scheduling reduction meetings that would begin on March 19, 2026.\16\
In that Notice, FAA published a daily cap target of 2,608 operations,
equivalent to the peak operations of Summer 2025. The Notice also
stated that, ``[c]onsistent with IATA Level 2 guidance that prioritizes
services operated in the previous equivalent season, the Department and
FAA will use the final Summer 2025 schedules as the baseline for
determining the appropriate reductions to be borne by each party for
the Summer 2026 season.'' \17\ This is the same baseline FAA had
previously notified carriers in October 2025 would be used to determine
scheduling priorities for Summer 2026.\18\
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\16\ 91 FR 13098, 13099 (March 18, 2026).
\17\ Id.
\18\ Notice of Submission Deadline for Schedule Information for
Chicago O'Hare International Airport, John F. Kennedy International
Airport, Los Angeles International Airport, Newark Liberty
International Airport, and San Francisco International Airport for
the Summer 2026 Scheduling Season. October 3, 2025. <a href="https://www.faa.gov/media/106116">https://www.faa.gov/media/106116</a>.
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On March 19, 2026, FAA initiated the second round of scheduling
reduction meetings focused on achieving a lower reduction rate.
Participants at the second session included several U.S. domestic air
carriers and the CDA.
FAA solicited comments from the public until March 26, 2026. FAA
concluded the scheduling reduction process on April 16, 2026.
III. Comments Regarding Competition, Reduction Allocations, and
Operational Cap at ORD
FAA received seven comments in total on both notices. Commenters
include CDA, Airports Council International (ACI-NA), Spirit Airlines
(Spirit), United Airlines (United), Mr. Steven Endres, and two
anonymous commenters.
CDA stated that the airfield is continuously improving and that the
impact of construction will be ``markedly lessened in quantity,
duration, and complexity'' in Summer 2026 compared to Summer 2025. CDA
provided detailed status updates on taxiway projects that significantly
impacted operations last summer and ORDNext. ORDNext will expand the
airport's linear frontage leading to an increase of 28 new narrowbody-
equivalent gates and create three new concourse structures increasing
the number of gates by the mid 2030's. CDA also objected to FAA
lowering runway capacity below demonstrated manageable capacity.
Further, CDA advocated for these operating limitations to be temporary
and only last for the Summer 2026 scheduling season, if not sooner. CDA
suggested that the operating limitations should sunset on September 1,
2026, aligned with the opening of the third taxilane into the
Southport. Next, CDA stated that it supports the development of a
working group between FAA, CDA, and other stakeholders to discuss
traffic management solutions and address problems as they arise.
Lastly, CDA recommended that FAA more efficiently manage ORD's runways
and increase staffing and technology resources at ORD. CDA urged FAA to
consider an optimization of Land and Hold Short Operations (LAHSO).
ORD's runway configuration was designed with the intent of using LAHSO
as a primary operating procedure on Runways 27C, 27L, 28C, and 28R in
west flow operations and Runways 9C, 9R, 10C for east flow operations.
CDA stated that it is ready to entertain revisions to the current LAHSO
system such as moving markings and revising signage.
FAA commends the CDA for planning and executing a number of
improvement projects at ORD over the years, preserving ORD's status as
one of the most significant airfields in the United States. ORD's
location and facilities mean that its stability and efficiency underpin
the success of the entire NAS. FAA shares the CDA's priority of
ensuring ORD is a safe and efficient airport. FAA finds that the limits
implemented under this Order reflect a level that maintains safety and
improves the on-time performance of the airport, while recognizing
CDA's perspective that construction impacts for Summer 2026 will be
temporary and limited. The benefits of increased on-time performance at
ORD will ripple throughout the NAS and improve the overall performance
of the system. FAA shares ORD's goal of limiting the duration of this
Order and the operating limitations within. DOT and FAA both share the
vision that this is a temporary measure needed to decongest the airport
and aim to have these limitations in place for the Summer 2026
scheduling season. FAA is willing to partner with CDA and air carriers
that operate at ORD to solve ongoing issues. FAA agrees with CDA that
creating a working group
[[Page 21074]]
or committee, specifically related to surface movement, to study the
current airport design would be beneficial. This group could propose
improvements that would not only enhance operational efficiency but
could also prevent the need for reduction efforts like this in the
future. With respect to optimizing LAHSO, moving markings, and revising
signage, FAA is interested in collaborating with CDA to explore how
best to optimize LAHSO and make adjustments to markings and signage to
improve flow. FAA finds that each of these initiatives may improve
efficiency at the airport to such a degree that it could provide relief
from these reductions and permit more operations at ORD, so long as
such an increase preserves safety and promotes efficiency. Lastly, FAA
is committed to improving staffing at ORD and throughout the NAS
through the implementation of the Brand New Air Traffic Control System.
Further, for the first time in more than six years, FAA has more than
11,000 certified professional controllers on staff, with more than
4,000 trainees in the pipeline. This comprehensive update is already
underway and will provide much needed technological assistance to air
traffic controllers and operators. However, unlike most other airports
in the NAS, FAA's ATC resource investment and upgrades must be applied
to ORD's three air traffic control towers (``ATCT''). This adds
significant complications to both staffing efficiency and deploying
FAA's new automation tools as such tools are traditionally designed for
a single ATCT configuration.
ACI-NA stated that it is proud to work alongside DOT and FAA to
ensure the safe, secure, and efficient movement of goods and passengers
through the U.S. and the world. ACI-NA supports the direct engagement
between FAA, DOT, and CDA to discuss the operating limitations at
issue. ACI-NA also asks that FAA and other federal partners continue to
staff airport facilities to match the investment the airport operators
have put into optimizing ORD. Further, ACI-NA asks FAA to provide data
to support this scheduling reduction effort similar to the runway
capacity analysis reports discussed in the WASG. FAA currently provides
capacity and delay analyses through the deputy director of systems
operations (``DDSO'') offices and that information is shared with the
operations community via the National Customer Forum (``NCF'') and
joint DDSO and airport authority meetings.
As discussed above, FAA is continuing to improve the air traffic
controller training program throughout the NAS and has streamlined
components of the onboarding process to increase the availability of
air traffic controllers.
Spirit stated that reductions should be directed towards the two
dominant carriers at ORD. Spirit also suggested that FAA consider that
it has already reduced its operations at ORD by approximately 50%
relative to its Summer 2024 peak. Lastly, Spirit requests that FAA
approach these reductions with carrier-specific targets like the Newark
Liberty International Airport (EWR) delay reduction process.
FAA appreciates Spirit's comment, including proposed methods of
addressing this issue, and acknowledges that Spirit reduced its
operations at ORD. FAA and DOT agree that consumers should have low-
cost options available. The allocation method is outlined in Section
IV. To that end, any impact on Spirit's operations at ORD will be
communicated directly with the carrier. However, by using Summer 2025
as the baseline, this order is intended to largely preserve the status
quo with regard to the competitive environment at ORD.
In its comments, United expressed serious concerns with the FAA's
proposed cap and its apportionment of reductions at ORD for the Summer
2026 season. United's comments focus on what it perceives as
significant developments that should limit the FAA's authority to
address safety and efficiency of operations at ORD and the broader
national airspace. United expanded discussions that took place during
the scheduling reduction meetings concerning gate allocation. United
also believes that FAA arbitrarily and capriciously established the
operating limitations and that the use of the final Summer 2025
schedules is an inappropriate baseline. United marked significant
portions of its comment as confidential due to the inclusion of
proprietary or trade secret information. FAA has placed United's
comments in the docket with appropriate redactions.
Foremost, United raised concerns that FAA's decision to select the
final Summer 2025 scheduling season as the ``baseline'' does not factor
in the recent results of the gate redetermination process completed in
October 2025. FAA understands that the underlying issue stems from a
process included in a contract between CDA and the various air
carriers, the 2018 Airline Use and Lease Agreement (``AULA''). FAA's
role in these proceedings is to address the overscheduling of ORD's
Summer 2026 capacity and develop a solution that will decongest ORD and
improve efficiency, not determine or alter gate use. Contrary to
United's contention, DOT did not threaten, in passing or otherwise, to
prohibit redeterminations by CDA. As United asserts, FAA and DOT do not
have the statutory authority to unilaterally nullify an element of the
AULA; FAA and DOT are not seeking to do so. Should the parties to the
AULA believe that FAA operating limitations will hinder, restrict, or
otherwise impact its ability to perform elements of the contract, that
would be a matter to be resolved between the individual parties to the
lease agreement. Likewise, the statutory authorities being exercised
here by FAA to manage the safe and efficient use of the airspace under
49 U.S.C. 40103 and 41722 cannot be hindered or restricted by a
contract to which FAA is not party to or terms that the Department has
not agreed to.
United also mentions in its comment that FAA did not include the
word ``gate'' in the meeting notices. That is intentional. United
stated in its own comment that FAA does not allocate gates. United and
FAA are in alignment that FAA does not manage gate allocation or
facilitation. As stated in the October 2025 schedule submission notice,
``In the United States, the FAA is responsible for facilitation and
coordination of runway access for takeoffs and landings at Level 2 and
Level 3 airports; however, the airport authority or its designee is
responsible for facilitation and coordination of terminal/gate/airport
facility access. The process with the individual airports for terminal
access and other airport services is separate from, and in addition to,
the FAA schedule review based on runway capacity.'' \19\
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\19\ Notice of Submission Deadline for Schedule Information for
Chicago O'Hare International Airport, John F. Kennedy International
Airport, Los Angeles International Airport, Newark Liberty
International Airport, and San Francisco International Airport for
the Summer 2026 Scheduling Season. October 3, 2025. <a href="https://www.faa.gov/media/106116">https://www.faa.gov/media/106116</a>.
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Additionally, United disagrees with FAA's selection of the Summer
2025 final schedule as the ``baseline'' for allocation of the reduction
targets and proposed several alternatives. As evidenced by United's
suggestions, there are several possible ways to set a baseline. FAA
finds that the approach it has selected is the most reasonable path
forward given the situation driving the need for FAA's intervention at
ORD--unreasonable schedule submissions from carriers for the Summer
2026 scheduling season submitted after the standard Level 2 seasonal
facilitation process. Level 2 facilitation is grounded
[[Page 21075]]
on using the previous corresponding season's operations as the
operational baseline for the next corresponding season. Using
prospective Summer 2026 as the baseline also risks incentivizing the
inefficient scheduling practices that FAA seeks to avoid. If carriers
know FAA is likely to use the current season schedule alone as the
baseline for scheduling reduction proceedings, and not account for
actual operations, carriers may be motivated to submit unrealistic
schedules at Level 2 airports to improve their negotiating posture.
This practice would undoubtedly trigger the need for FAA to call a
scheduling reduction meeting in the future to reduce schedules to a
practical level. Therefore, it is appropriate for FAA to use the Summer
2025 baseline to ground these proceedings.
United also proposed that FAA could use the Summer 2025 schedule
but adjust each air carrier's proportional share of the scheduling
reductions to account for the gate allocation changes. How gates are
allocated at ORD is a contractual matter between air carriers and CDA
and is not relevant to the actions FAA is taking in this proceeding
under its statutory authorities to manage airspace and ground
congestion and the seasonal scheduling notice published in this matter.
United's final proposal was for FAA to use the approved Summer 2026
SAL \20\ to determine the relative proportion of reductions by air
carrier. In November 2025, FAA acknowledged and approved initial
submissions from air carriers as part of the normal Level 2 schedule
facilitation process for Summer 2026. However, that does not mean that
FAA has not continued to evaluate the impact of those schedules after
the allocation date in light of current operating conditions, or that
the Administrator's ability to implement operating limitations is
diminished once a schedule has been acknowledged or approved. The
Summer 2026 SAL was provided based on runway capacity as the limiting
coordination parameter. FAA has since determined that, owing to
airfield construction and other factors, surface constraints at ORD are
the limiting factor and represent a lower total airport capacity than
the runway system, alone. In addition, carriers, particularly United,
have continued to add additional flights close to the beginning of the
Summer 2026 season.
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\20\ I.e., schedules approved by FAA as of November 6, 2026.
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As United knows, air carriers may continue to submit requests for
new operations beyond the SAL deadline. It is typical for FAA to
acknowledge receipt, but it did not express approval, of submissions
received after the SAL deadline in normal circumstances. Here, FAA
continued to assess the impact of additional submissions received in
addition to the already increased schedules submitted for Summer 2026.
As a result, FAA and DOT determined a scheduling reduction was
necessary to halt Summer 2026 overscheduling.
DOT explained in the scheduling reduction sessions that the
decision to move to the final Summer 2025 schedules also returns to a
time when the schedules were not heavily influenced by air carrier
attempts to increase market share.\21\ American and United have each
announced expansion plans at ORD that potentially could lead to
significant Summer 2026 delays due to ongoing construction limiting the
airfield's ability to handle the expected amount of traffic. United
Airlines has proposed and published the most significant, increase to
its schedule year over year, accompanied by a campaign of public
statements expressing a desire to grow and avoid a scenario in which
American Airlines would grow at the ``expense'' of United.\22\
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\21\ ``We're going to add as many flights as are required to
keep our gate count the same in Chicago.''--Scott Kirby, Chairman
and CEO, United Airlines. Rajesh Kumar Singh, United Draws 'Line in
the Sand' in Escalating Chicago O'Hare Fight with American Airlines,
Reuters (Jan. 21, 2026), <a href="https://www.reuters.com/business/united-draws-line-sand-escalating-chicago-ohare-fight-with-american-airlines-2026-01-21/">https://www.reuters.com/business/united-draws-line-sand-escalating-chicago-ohare-fight-with-american-airlines-2026-01-21/</a>.
\22\ See <a href="https://skift.com/2017/02/15/chicago-is-becoming-the-center-of-the-growing-conflict-between-united-and-american/">https://skift.com/2017/02/15/chicago-is-becoming-the-center-of-the-growing-conflict-between-united-and-american/</a>; <a href="https://viewfromthewing.com/united-ceo-scott-kirby-says-american-airlines-may-be-forced-out-of-chicago-ohare-hub-as-his-schedule-surges-to-600-flights-a-day/">https://viewfromthewing.com/united-ceo-scott-kirby-says-american-airlines-may-be-forced-out-of-chicago-ohare-hub-as-his-schedule-surges-to-600-flights-a-day/</a>; <a href="https://onemileatatime.com/news/united-airlines-chicago-smack-talk/">https://onemileatatime.com/news/united-airlines-chicago-smack-talk/</a>.
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United references the 2004 ORD and 2025 EWR scheduling reduction
meetings as examples of when the FAA elected to use the planned season
as the baseline for the reductions. Both of these instances are
distinguishable from the present situation at ORD, as discussed below.
2004 ORD Operating Limitations Order
In 2003, Congress provided FAA with the authority to call
scheduling reduction meetings through the 2003 reauthorization law,
Vision 100. At the time ORD was also part of a broader Congressional
initiative to phase out the high-density traffic airport rules at
certain airports.\23\ This meant that the limitations once in place at
ORD were lifted and air carriers added a significant number of flights
and schedule changes such that the peak hours of the day became
congested. During the initial years of ORD's deregulation, the delays
steadily increased until FAA was provided a tool by Congress to address
the overscheduling, the scheduling reduction meeting.
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\23\ Order Limiting Scheduled Operations at O'Hare International
Airport, Order 18-8-04, p.8, (August 19, 2004).
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In early 2004, American and United jointly agreed to a 5% voluntary
reduction between limited hours in lieu of a scheduling reduction
meeting. FAA retained the right to call a meeting at a later date if
this did not alleviate congestion but issued an order consistent with
agreement made by the two carriers.\24\ This agreement did not resolve
the problem and eventually FAA called a meeting later in the Summer
which resulted in the Order implementing an additional 2.5% reduction
to impacted carriers.\25\ This is distinguishable from the matter at
hand because this was one of the first instances of the scheduling
reduction tool and the eventual meeting took place far later in the
summer when it would not have been practicable to use another time
period as a baseline. The meeting was initiated to address real-time
performance issues.
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\24\ Id.
\25\ Id.
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2025 EWR Operating Limitations Order
Like the 2004 ORD scheduling reduction meeting, the 2025 EWR
scheduling reduction meeting was called to address significant ATC
staffing issues compounded by substantial construction projects and
telecommunication system outages. The 2025 EWR meeting also was called
later in the season than the matter at hand and was meant to address
issues impacting the scheduled operations in-progress necessitating the
reduction, rather than prospective schedules.
FAA is trying to prevent extensive operational delays and
cancellations similar to those experienced at EWR last summer and
measurably improve performance at ORD compared to last year. FAA
believes that implementing these operational limitations will improve
ORD's efficiency, leading to a better experience for the traveling
public.
FAA has determined that ORD could handle the level of operations
specified in the operating limitations issued to carriers by evaluating
past performance data and in response to information received by CDA.
Additionally, scheduling limits set peaks and valleys of demand
throughout the day that would support operational recovery between the
peaks.
[[Page 21076]]
Using the WASG as a guidepost, but not a requirement, FAA agrees
that Level 2 airports do not receive historic precedence and series of
slots do not apply at Level 2 airports, but the WASG does recommend
that the facilitator give priority to approved services that plan to
operate unchanged from the previous equivalent season. That is what FAA
seeks to do here.
United debates the relevancy of the factoring in the schedule
submission notice at all, despite contending that FAA deviates or does
not adhere to the WASG at times.\26\ FAA agrees with United that they
are guidelines. However, FAA aligns with them in the spirit of
international comity and because of the practicality of having a shared
set of general guidelines for air carriers and facilitators to use
system-wide. FAA follows the WASG, and earlier versions, to the extent
that they do not conflict with domestic law. FAA notes there is not a
specific requirement in 49 U.S.C. 41722, or the WASG, to use a
particular baseline for scheduling reduction meetings.
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\26\ Comments of United Airlines, Inc., page 20 (March 26,
2026).
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United also argues that FAA vaguely referenced competition in
correspondence and the meeting notice to carriers and that the manner
in which competition was referenced is insufficient to support the
decision. FAA simply intended to convey to air carriers that the cuts
necessary would reflect the competitive allocation of runway operations
as of Summer 2025, the baseline. FAA is considering competition in the
same manner that it has done in previous scheduling reduction meetings,
including EWR, in that it made reductions that were proportional to the
number of operations the air carrier held in the baseline. FAA did not
arbitrarily cut from one carrier or another without considering their
competitive position at ORD vis-[agrave]-vis each other. The final
operational cap and the baseline used to allocate operations to
carriers do not reflect a decision by FAA to ``affirmatively interfere
with the competitive balance at ORD'' nor is this claim borne out in
the reductions themselves.
Lastly, United questions the FAA's rationale for the caps including
in both meeting notices and raised in the discussions with air
carriers. See Section IV for FAA's rationale for the final reductions.
Mr. Steven P. Endres submitted a comment stating that he believes
the FAA's schedule facilitation infringes on his ability to pursue
business opportunities to airspace reservations. As stated previously,
the U.S. Government has exclusive sovereignty of the airspace of the
United States and FAA is the schedule coordinator of record for the
United States.
Two anonymous commenters provided feedback on the notice. One
commenter asked if this will raise ticket prices, reduce options, and
cause air carriers to use larger jets potentially resulting in more
noise or pollution. The second commenter advocated for more common use
gates at ORD to prevent ``gate squatting'' between the dominant
airlines.
FAA appreciates these comments from members of the public. FAA and
DOT share the goal of promoting consumer options and accessible fares
for passengers. This order is intended to be a temporary measure to
prevent significant levels of operational disruption that would
negatively impact the customer experience in their travel journey.
Additionally, FAA has conducted an environmental evaluation on the
proposed action. The results of this evaluation can be found in Section
VIII.
In response to the second anonymous commenter, as stated above, FAA
does not determine gate usage or leasing arrangements. This is an issue
for the local airport authority to address. Overall, FAA understands
that imposing operating limitations on carriers at this point in the
scheduling season will result in cancellations and restrict operations
at the airport for air carriers, however, this is a consequence of the
airport being oversubscribed to such an extent it necessitated the
scheduling reduction meetings.
IV. Scheduling Limitations
To ensure safety and efficiency, the FAA has proposed a daily
operational cap for Summer 2026 at O'Hare of 2,708 operations, with
operations allocated among carriers based on Summer 2025 approved
schedules, to mitigate chronic congestion and achieve delays no worse
than what occurred last summer. FAA expects that air carriers will work
cooperatively with the Slot Administration Office to implement the cap
and allocations in a manner that is operationally feasible and achieves
the stated goals of safety and efficiency.
Air carriers asked to reduce operations will find that this limit
is slightly increased from that proposed in the March 18, 2026, Notice.
FAA found some of the discussion points raised throughout the meetings,
particularly CDA's arguments that construction at ORD will be less
impactful than last summer, as a reason to modestly increase the
operational cap. CDA assuaged some of FAA's concerns regarding
construction-related delays by providing detailed expectations on
several construction projects. Specifically, CDA informed FAA that the
Taxiway Alpha/Bravo rehabilitation project is mostly complete and will
not impact Summer 2026 operations. Next, the Taxiway LL project shifted
into a new phase that is not projected to negatively impact Summer 2026
operations. Lastly, CDA projects that the Taxiway T/R Grade Separated
Roadway and advanced RTR-U utilities work also have significantly less
impact on Summer 2026 operations compared to Summer 2025. CDA
anticipates that this will provide operational relief. This information
gives FAA confidence that the limitations could be raised from
proposals discussed in the second round of scheduling reduction
meetings slightly, although the need for reductions remains. The
planned operations for 2026 were beyond what the airport can handle,
but FAA understands the importance of enabling growth to the extent
practicable at the airport over last year given the infrastructure
improvements year over year.
From May 17, 2026, through October 24, 2026, between 06:00 a.m. and
23:59 p.m., operations will be limited at ORD to 2,708 operations per
day. Operations will be allocated to air carriers in proportion based
on their share of operations in approved Summer 2025 schedules. ATC
staffing requirements and runway configuration changes require that
there be certain ``valleys'' for a minimum period to safely transition
throughout the day. FAA will issue the limitations to air carriers by
half-hour. These half-hour limitations will range from 30 operations
per half-hour during low demand periods, to 84 operations per half-hour
at peak. FAA expects that air carriers will work cooperatively with the
Slot Administration Office to ensure their allocated operations fit
within these operational requirements.
FAA and DOT mean for this exercise to result in ORD performing more
efficiently than last summer. These limitations are intended to be
temporary and applicable for this season only. However, FAA retains the
ability to review and assess schedules submitted for winter 2026/2027
and beyond to ensure that the communicated schedules align with the
airport's demonstrated capacity.
Alternative options that FAA considered included delaying the start
of the scheduling reduction meeting until the overscheduling negatively
[[Page 21077]]
impacts operations or using one of the alternative limits FAA discussed
throughout these proceedings. Another option included utilizing routine
air traffic control management tools to facilitate overscheduling on a
daily basis. This approach is unsustainable over the course of the
summer season, would ignore any competitive considerations if ATC had
to reactively reduce or delay operations daily, and diminish the sense
of stability and certainty for passengers with travel plans through ORD
this summer.
V. Foreign Air Carriers
Foreign air carriers were not asked to reduce operations as part of
this scheduling reduction process as 49 U.S.C. 41722 applies to
domestic air carriers.\27\ Should a foreign carrier assess their
operations at ORD and propose any voluntary schedule reductions or
modifications that may alleviate congestion at ORD, FAA will work with
foreign carriers to maintain historic prioritization for any previously
approved timings for the purposes of establishing an operational
baseline for the next corresponding season.
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\27\ Air carriers subject to 49 U.S.C. 41722 scheduling
reduction proceedings are those defined under 49 U.S.C. 40102(a)(2).
``Air carrier'' is defined in under 49 U.S.C. 40102(a)(2) as a
citizen of the United States undertaking by any means, directly or
indirectly, to provide air transportation.
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VI. Unscheduled Operations
FAA will continue to accommodate other unscheduled operations, such
as cargo, charter, or nonscheduled foreign carrier operations, on a
``first come, first serve'' basis to the extent such operators can be
accommodated at ORD. All requests must be submitted to and approved by
the FAA Slot Administration at <a href="/cdn-cgi/l/email-protection#b6819bd7c1d79bc5dad9c2d7d2dbdfd8f6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="3e09135f495f134d52514a5f5a5357507e585f5f10595148">[email protected]</span></a>. In addition,
these operations must also obtain approval from the ORD terminal to
operate.
VII. Operational Flexibility
Based on FAA's experience with capacity-constrained airports, FAA
anticipates that carriers may occasionally need to modify their
schedules for operational or other reasons while this Order is in
effect. Accordingly, this Order provides a mechanism through which such
carriers can modify their schedules.
Carriers operating at ORD must obtain written approval from the FAA
Slot Administration Office before making a schedule change to outside
the half-hourly arrival and departure windows associated with an
authorized timing.
FAA recognizes that there may be unexpected disruptions due to
operational issues, weather, or other circumstances beyond the
carrier's control. Since ORD is a Level 2 airport, FAA will work with
the carrier on any additional relief needed to prioritize impacted
operations for the purposes of establishing operational baselines for
the next corresponding season.
VIII. National Environmental Policy Act
The FAA has determined that this action qualifies for categorical
exclusion (CATEX) under the National Environmental Policy Act (42
U.S.C. 4321, et seq.) in accordance with FAA Order 1050.1G,
``Environmental Impacts: Policies and Procedures,'' paragraphs B-2.5.j,
B-2.6.d, and B-2.6.f. The CATEX listed in FAA Order 1050.1G, paragraph
B-2.5.j, applies to the following category of actions: ``Implementation
of procedures to respond to emergency air or ground safety needs,
accidents, or natural events with no reasonably foreseeable long-term
adverse impacts.'' FAA has determined that overscheduling requires FAA
to reduce operations through this order in the interest of air and
ground safety. Moreover, there are no reasonably foreseeable long-term
adverse impacts given that the Order is of limited duration and
involves only reduced, as opposed to increased, operations.
The CATEX listed in FAA Order 1050.1G, paragraph B-2.6.d applies
to: ``Issuance of regulatory documents (e.g., Notices of Proposed
Rulemaking and issuance of Final Rules) covering administrative or
procedural requirements.'' The CATEX in paragraph B-2.6.f applies to:
``Regulations, standards, and exemptions (excluding those that if
implemented may cause a significant impact on the human environment).''
The FAA has determined that these CATEX categories are applicable as
well.
This action is not expected to cause any potentially significant
environmental impacts, and no extraordinary circumstances exist that
would preclude the use of this CATEX and require a higher level of NEPA
review.
IX. Order
Accordingly, with respect to flight operations at ORD, under the
authority provided to the Secretary of Transportation and the FAA
Administrator by 49 U.S.C. 40101, 40103, 40113, and 41722, it is hereby
ordered that:
1. This Order establishes a daily scheduling limit for arrivals and
departures at ORD of 2,708 operations from 6:00 a.m. through 23:59
p.m., Central Time, until October 24, 2026.
2. This Order allocates those 2,708 operations at ORD during the
affected hours as reflected by authorized scheduled timings for the
IATA Northern Summer 2025 scheduling season. The limits range from 30
to 84 operations per half hour.
3. FAA will not accommodate authorized scheduled timings under this
Order for any person or entity other than a certificated U.S. air
carrier with appropriate economic authority and FAA operating authority
under 14 CFR part 121, 129, or 135. This Order further affirms that FAA
will not accommodate new requests or re-timings into schedule-
facilitated hours if such a request will result in exceeding the
operational limit. Finally, FAA will accommodate unscheduled operations
in certain hours throughout the schedule-facilitated day, on a ``first
come, first serve'' basis. All requests must be submitted to and
approved by the FAA Slot Administration at <a href="/cdn-cgi/l/email-protection#fec9d39f899fd38d92918a9f9a939790be989f9fd0999188"><span class="__cf_email__" data-cfemail="32051f5345531f415e5d4653565f5b5c725453531c555d44">[email protected]</span></a>. The
FAA Vice President, System Operations Services, is the final decision-
maker for determinations under this paragraph. The provisions in
paragraphs 2 through 11 below apply to the following:
a. All U.S. air carriers conducting scheduled operations at ORD as
of the date of this Order, any U.S. air carrier that operates under the
same designator code as such carrier, and any air carrier that has or
enters into a codeshare agreement with such carrier.
b. All U.S. air carriers operating scheduled or regularly conducted
commercial service to ORD while this Order is in effect.
4. This Order takes effect on May 17, 2026, and expires on October
24, 2026.
5. The Administrator may change the targeted limit if he determines
that capacity exists to accommodate additional operations without a
significant increase in delays.
6. Carriers will retain historic priority for the next
corresponding season for authorized scheduled timings reduced or re-
timed under the scheduling reduction proceedings.
7. A carrier operating an authorized scheduled timing may request
the Administrator's approval to move any arrival or departure scheduled
from 6:00 a.m. through 23:59 p.m. to another half hour so long as this
request would not exceed the limit designated for that half hour.
Except as provided in paragraph seven, the carrier must receive the
written approval of the Administrator, or his delegate, prior to
conducting any scheduled arrival or departure. All
[[Page 21078]]
requests to move an authorized scheduled timing must be submitted to
the FAA Slot Administration Office at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="d1e6fc908690fc82bdbea5b0b5bcb8bf91b7b0b0ffb6bea7">[email protected]</a>, and must
come from a designated representative of the carrier.
8. Notice of a swap must be submitted in writing to the FAA Slot
Administration Office at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="30071d7167711d635c5f4451545d595e705651511e575f46">[email protected]</a> and must come from a
designated representative of each carrier. FAA must confirm and approve
these exchanges in writing prior to the effective date of the exchange.
9. Any authorized scheduled timing not used during the remainder of
the Summer 2026 scheduling season will not be prioritized for the
purposes of establishing an operational baseline for the next
corresponding season unless the carrier notifies FAA of a request for
prioritization. FAA and DOT will review these requests. FAA will
respond to the carrier with an acknowledgement of the request and a
determination.
10. If FAA determines that a further reduction in targeted
scheduled operations is needed, FAA may call an additional scheduling
reduction meeting pursuant to 49 U.S.C. 41722.
11. FAA may enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). A carrier that is not
a small business as defined in the Small Business Act, 15 U.S.C. 632,
will be liable for a civil penalty of up to $75,000 for every flight it
operates above the limits set forth in this Order. A carrier that is a
small business as defined in the Small Business Act will be liable for
a civil penalty of up to $16,630 for every flight it operates above the
limits set forth in this Order. FAA also could file a civil action in
U.S. District Court, under 49 U.S.C. 46106, 46107, seeking to enjoin
any air carrier from violating the terms of this Order.
12. FAA may modify or withdraw any provision in this Order on its
own or on application by any carrier for good cause shown.
Issued in Washington, DC, on April 16, 2026.
Bryan Bedford,
Administrator, Federal Aviation Administration.
[FR Doc. 2026-07665 Filed 4-16-26; 4:15 pm]
BILLING CODE 4910-13-P
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