17 April 2026

FAA issues final scheduling limitations order at Chicago O'Hare for Summer 2026

On April 16, 2026, the Federal Aviation Administration (FAA) issued a final order establishing scheduling limits at Chicago O'Hare International Airport (ORD) for the Summer 2026 scheduling season, concluding the 49 U.S.C. § 41722 proceedings initiated on March 3, 2026.[1] Signed by FAA Administrator Bryan Bedford, the final order caps daily operations at ORD at 2,708 between 6:00am and 11:59pm CT, effective May 17, 2026 through October 24, 2026. Per-carrier allocations, issued directly by the FAA Slot Administration Office, are proportional to each carrier's approved IATA Northern Summer 2025 schedule, with half-hour sub-limits ranging from 30 to 84 operations.[2]

The 2,708 cap is an increase from the 2,608 target the FAA proposed in its March 18, 2026 reconvening notice, but a reduction of more than 370 operations (roughly 12 percent) from currently published Summer 2026 schedules exceeding 3,080 daily operations on peak days.[3] Scheduled Federal Register publication is April 20, 2026.

This alert summarizes the order's principal terms, the FAA's response to stakeholder comments, and key compliance and judicial challenge considerations.

Key terms of the final order

Carriers covered. The order applies to all US air carriers under 14 C.F.R. parts 121, 129, or 135 operating scheduled or regularly conducted service to ORD, including carriers operating under the same designator code as, or in a codeshare with, a covered carrier.[4] Consistent with the scope of § 41722, foreign air carriers were not required to reduce operations; the FAA has indicated it will

coordinate voluntary reductions through the International Air Transport Association (IATA) process and preserve historic prioritization for baseline purposes in the next corresponding season.[5] Cargo, charter, and non-scheduled foreign operations will be accommodated on a first-come, first-served basis subject to both FAA Slot Administration and Chicago Department of Aviation approval.[6]

Allocation methodology. The FAA allocated the 2,708 daily operations cap in proportion to each carrier's share of operations in approved IATA Summer 2025 schedules, reasoning that:

The Worldwide Airport Slot Guidelines favor prioritization of unchanged historic services at Level 2 airports

A prospective Summer 2026 baseline would incentivize unrealistic future schedule submissions
Summer 2025 schedules preceded the market-share-driven scheduling activity that characterized carrier submissions for Summer 2026[7]

Waivers and modifications. Carriers may request Administrator approval to move an arrival or departure between half-hours, or to swap timings with another carrier, provided the receiving half-hour would not exceed its limit; all such requests must be in writing and are not effective until the FAA confirms approval.[8] Carriers retain historic priority for the next corresponding (Summer 2027) season for authorized scheduled timings reduced or re-timed under the proceedings. However, timings not used during the remainder of Summer 2026 will not receive prioritization unless the carrier affirmatively requests and obtains a favorable determination.[9] The Administrator retains discretion to increase the cap if additional capacity becomes available and to modify any provision for good cause shown.[10]

Enforcement. Civil penalties under 49 U.S.C. § 46301(a) are up to $75,000 per flight for carriers that are not small businesses and up to $16,630 per flight for small business carriers. The FAA also may seek injunctive relief in a US district court.[11]

FAA's response to stakeholder comments

Seven substantive comments were submitted to the docket, including comments by the Chicago Department of Aviation, Airports Council International-North America, Spirit Airlines, and United Airlines.[12]

Comments filed by United Airlines challenged:

The FAA's use of the Summer 2025 baseline, rather than the approved Summer 2026 Slot Allocation List issued in November 2025
The FAA's alleged failure to account for the October 2025 gate redetermination completed under the 2018 Airline Use and Lease Agreement
The FAA's distinction between the 2004 ORD and 2025 EWR proceedings, in which FAA used then-current schedules as the baseline
The FAA's selection as allegedly arbitrary and capricious[13]

The FAA rejected these points, stating that:

Gate allocation is a contractual matter and FAA’s statutory authorities under 49 U.S.C. §§ 40103 and 41722 “cannot be hindered or restricted by a contract to which the FAA is not [a] party”
The Summer 2026 Slot Allocation List accounted only for runway capacity and not the surface and taxiway constraints identified during the proceedings
The 2004 ORD and 2025 EWR proceedings were responsive to in-progress operational issues, rather than prospective overscheduling
Proportional allocation from an established baseline mirrors the approach taken at EWR and in other proceedings[14]

Because these issues may form the basis for any petition for reconsideration or judicial challenge, carriers and stakeholders may wish to calendar the § 46110 petition-for-review deadline conservatively – approximately June 15, 2026.

Implications for carriers

Mid-season implementation timeline. The May 17, 2026 effective date leaves carriers approximately four weeks after publication to modify schedules, notify passengers, and re-accommodate affected itineraries – a limited window given Memorial Day weekend traffic. Carriers may wish to prioritize schedule adjustments during late April and early May.

Enforcement exposure. With up to $75,000 per flight at stake for non-small-business carriers, even a limited number of above-cap operations could generate substantial exposure. Carriers may consider implementing operational controls – including real-time tracking of flights against authorized half-hour timings – to identify and prevent above-cap operations, particularly during irregular operations recovery, when carriers may seek to restore cancelled operations.

Judicial review and future-season posture. Given the scope of stakeholder objections, stakeholders may monitor the docket for any petition for reconsideration and may wish to calendar the § 46110 petition-for-review deadline conservatively. The FAA has expressly reserved the right 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,”[15] and the order may serve as an indicator of FAA's willingness to intervene prospectively where carrier-submitted schedules exceed demonstrated capacity.

Learn more

For questions regarding the final ORD scheduling limitations order, compliance obligations during Summer 2026, potential petitions for reconsideration or judicial review, or the broader implications for aviation scheduling and capacity management, please contact the authors.

This publication is intended as a general overview and discussion of the subjects dealt with and does not create a lawyer-client relationship. It is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. DLA Piper LLP (US) will accept no responsibility for any actions taken or not taken on the basis of this publication.

[1] Operating Limitations at Chicago O'Hare International Airport, Order Establishing Scheduling Limits, FR Doc. 2026-07665 (issued Apr. 16, 2026) (scheduled for Fed. Reg. publication Apr. 20, 2026) [hereinafter ORD Final Order], available at https://federalregister.gov/d/2026-07665.

[2] ORD Final Order, supra note 1, § IV; § IX, ¶¶ 1–2, 4.

[3] Id. § IV; compare Operating Limitations at Chicago O'Hare International Airport, Notice of Meeting and Request for Information, 91 Fed. Reg. 13,098 (Mar. 18, 2026) (proposing 2,608 daily cap), with ORD Final Order, supra note 1, § IV (adopting 2,708 daily cap).

[4] ORD Final Order, supra note 1, § IX, ¶ 3.

[5] Id. § V; see also 49 U.S.C. § 40102(a)(2).

[6] ORD Final Order, supra note 1, § VI; § IX, ¶ 3.

[7] Id. § III; § IX, ¶ 2.

[8] Id. § VII; § IX, ¶¶ 7–8.

[9] Id. § IX, ¶¶ 6, 9.

[10] Id. § IX, ¶¶ 5, 12.

[11] Id. § IX, ¶ 11; 49 U.S.C. § 46301(a); 14 C.F.R. pt. 383 (2026); see also 49 U.S.C. §§ 46106, 46107.

[12] ORD Final Order, supra note 1, § III.

[13] Id.

[14] Id.

[15] Id. § IV.