JetBlue Asks For Tarmac Rule Delay At JFK

JetBlue is asking the U.S. Transportation Dept. to waive its new tarmac delay rule for as long as seven months at New York’s Kennedy Airport because of the runway closure there.

JetBlue is asking for a waiver until Dec. 1 or until the runway construction is completed, whichever is earlier. The airline requested the waiver only for itself, but presumably if the DOT granted the waiver for JetBlue it would apply it to every carrier operating there.

Under the new rule, which is set to take effect nationwide on April 29, airlines must give customers the option of getting off the plane on a domestic flight that has been stuck on the ground for three hours. The only exceptions are for safety and security, or if air traffic control decides that having the aircraft return to the gate or permitting passengers to disembark elsewhere would “significantly disrupt airport operations.”

The government could fine airlines as much as $27,500 per passenger if they fail to comply, although a DOT spokesman has emphasized that the amount is a maximum, not a requirement.

In filing its request Thursday for a waiver, JetBlue said it “acknowledges and applauds the department’s efforts to ensure that passengers are not stranded on tarmacs for extended periods of time.” JetBlue’s own “Customer Bill of Rights” promises a deplaning option after five hours, compensation for lesser delays, and access to live television, food, drink, clean restrooms and medical treatment while stuck on the ground.

But application of the new rule at Kennedy while the runway is closed is not reasonable, JetBlue said. The airline’s “Bay Runway,” its busiest and longest, closed March 1 so it can be widened to accommodate new, larger Boeing and Airbus aircraft, as well as for other changes that will speed snow removal, improve taxiway space and runway efficiency, and create holding pads where aircraft can be parked if they are delayed for weather or other causes.

While the $376.3 million project should reduce delays once it is completed, some problems are expected during the four months the runway is scheduled to remain closed. To help, the biggest airlines at Kennedy agreed to delay the start of their peak summer schedules until July 1. And to encourage reductions in airline operations beyond that time, the FAA issued a temporary waiver of its minimum slot usage requirements at Kennedy from March 1 through Nov. 14.

Additional delays still are expected, however, and JetBlue noted the FAA cited “the projected operational, congestion and delay impacts of the 2010 runway and airfield construction program” as the reason for waiving the slot usage requirements.

That same reasoning should apply to the tarmac delay rule, JetBlue said. The closed runway normally handles 41% of Kennedy total traffic, it said, and with its closure Kennedy could become gridlocked at peak operating times.

“Requiring JetBlue, the largest operator at JFK, to return its flights to gates for deplaning after a three-hour tarmac delay will bring added operational stress to JFK and will severely disrupt travel for thousands of its passengers,” the airline said.

“JetBlue supports the intended purpose of the [new] rule – to alleviate the customer impact experienced by delays,” it added. “But requiring JetBlue to follow the requirements of the [new] rule while the Bay Runway is closed will exacerbate an already difficult situation.”

JetBlue said it plans to inform all passengers before they board that the runway closing could cause delays in departing or landing and taxiing in at Kennedy, and will ensure its aircraft are stocked with enough food and beverages to accommodate any delay.

What BS. B6 needs to understand pax rights. 3 hours is fine, did they learn anything from the Valentines night disaster?

Totally agree Nick. 99% of the days this runway is closed traffic should not be delayed more than 45 minutes. jetBlue is looking for a way out, a loophole, from their own incompetence. They said they reduced their schedules, fine, they did their due diligence.

Now, if delays start to increase due to weather, B6 should hold flights on the ground in outlying cities until they have gate space available at JFK. Within reason, I'm not that stupid. For example: You see delays are approaching two hours, hold the Florida flights at originfor a bit. Better a 30 minute delays there, than getting to NY and waiting on he aircraft for who knows how long until your gate opens up.

If they are worried about the summer rush, I can see the nasty weather days (T-storms) becoming an issue, but that is when you have to strategically cancel/consolidate flights. Dont tell the customers, well its weather, and the runway is closed so it's okay to keep you in this tube for 5 hours without going anywhere.

Hey idk about you but I would like to know whats going on if i'm stuck in the same place for awhile.

This is the angle JetBlue's management is taking on it. The crew's are not going to have it either way though. The crew's will do what they can to prevent the pax and them from sitting on the plane. Captains authority will persevere. The gate agents and PSS's and PSM's will probably try to force them off the gates at JFK to keep the flow but if the crews not ready to board.... well guess what.... they dont

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well guess what.... they dont

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Or do what CO is going to do if it looks like the flight will have issues. Cancel it rather than risk the steep fine.