June 20, 2008
What’s at Issue
NATA, as representative of hundreds of air carriers conducting on-demand operations under Part 135, is greatly concerned about the potential negative effect of these new restrictions on the ability of our members to use LaGuardia Airport (LGA) on a fair and reasonable basis. Part 135 on-demand operators are a small contributor to congestion at LGA, yet the Federal Aviation Administration (FAA) proposes to decrease their operational potential by fifty percent.
June 18, 2008
Docket Operations, M-30
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Room W12-140
West Building Ground Floor
Washington, DC 20590-001
Re: Supplemental Notice of Proposed Rulemaking (SNPRM) Congestion Management Rule for LaGuardia Airport, Docket No. FAA-2006-25709
The National Air Transportation Association (NATA), the voice of aviation business, is the public policy group representing the interests of aviation businesses before Congress, federal agencies and state governments. NATA’s 2,000 member companies own, operate and service aircraft. These companies provide for the needs of the traveling public by offering services and products to aircraft operators and others such as fuel sales, aircraft maintenance, parts sales, storage, rental, airline servicing, flight training, Part 135 on-demand air charter, fractional aircraft program management and scheduled commuter operations in smaller aircraft. NATA members are a vital link in the aviation industry providing services to the general public, airlines, general aviation and the military.
NATA, as representative of hundreds of air carriers conducting on-demand operations under Part 135, is greatly concerned about the potential negative effect of these new restrictions on the ability of our members to use LaGuardia Airport (LGA) on a fair and reasonable basis. Part 135 on-demand operators are a small contributor to congestion at LGA, yet the Federal Aviation Administration (FAA) proposes to decrease their operational potential by fifty percent.
The FAA’s proposal reduces slots into and out of LGA to three per hour from the existing six. These slots will be used for private (Part 91) and commercial unscheduled operations (including public charters and Part 135 on-demand). In general, these slots will only be able to be reserved up to 72 hours in advance. However, the FAA will permit public charter operators to reserve one of the three available hourly slots up to six months in advance.
NATA objects to both the decrease in the number of slots and the preferential treatment the FAA is providing to some commercial operators, essentially exhibiting a discriminatory behavior towards Part 135 on-demand air carriers.
Slot Reduction
We did not locate in the docket an objective analysis of the historical usage rate for the six non-scheduled slots currently available. Based upon usage data we have independently obtained, NATA is concerned that the FAA has not adequately examined existing usage and, therefore, may underestimate the negative effect of a fifty percent reduction in operational capabilities the FAA seeks to implement in this proposal. There are multiple occasions where all available slots for unscheduled operations are utilized. In addition, there is growing evidence that, as the scheduled airlines continue to suffer economically and reduce their route offerings, the market for competitors, such as on-demand operators, will increase. For the FAA to reduce access for charter operators so drastically while not subjecting their competitors to similar cuts is discriminatory. We object to the favoritism being shown to the airlines in this regard and, therefore, request that the current number of unscheduled slots remain intact.
Reservation Timetable
Our members, and their customers (the flying public), should not be subject to restrictions not imposed on other air carriers with regard to access. A passenger on a Part 135 aircraft should have the same reasonable expectation to pre-plan their arrival and departure times that is afforded to passengers on scheduled airlines and public charters.
It is fair to assume that some percentage of Part 135 flights into or out of LaGuardia will be true “pop-ups” with a very short time between contracting with the operator and conduct of the flight and that these flights, therefore, would not require more than a 72-hour system for reservations. However, the reality of Part 135 passenger-carrying operations at LGA is that flights are often arranged more than a week in advance. In the system proposed by the FAA, on-demand Part 135 operators are placed in the untenable position of warning the customer that, while the operator will attempt to secure a slot through the reservation system as early as possible, there is no guarantee that the desired departure time is possible. This same customer, however, can buy an airline ticket and receive the guarantee of access to the airport on the desired dates and times. We hope that you agree that the on-demand passenger has just as much right to expect on-time departure and arrival as do the passengers of a scheduled airline or public charter. To favor these air carriers over their Part 135 counterparts is unjust and, therefore, unacceptable to NATA and our members.
Like the airline operator, a Part 135 air carrier relies on the operation of aircraft asthe lifeblood of their business. The operator risks substantial loss of income and loss of customers if his or her aircraft cannot fly at a specific date and time. This similarity, we believe, justifies special consideration for Part 135 on-demand operations in the slot reservation process. NATA requests that the FAA permit Part 135 on-demand operators the same benefit afforded to the public charter operators with regard to advance slot reservations. Specifically, we recommend that both public charters and Part 135 air carriers be permitted to reserve up to one-third of available slots up to six months in advance.
We know that it is not the intention of the FAA to provide scheduled air carriers with competitive and marketing advantages at the expense of other certificated air carriers and ask for your assistance to provide on-demand operators with equal opportunity to serve the public.
NATA appreciates your consideration of our comments.
Sincerely,
Eric R. Byer
Vice President