FAA initiates scheduling reduction process at Chicago O’Hare for Summer 2026

On March 3, 2026, the Federal Aviation Administration (FAA) will formally publish a notice in the Federal Register initiating a scheduling reduction process at Chicago O’Hare International Airport (ORD) for the Summer 2026 scheduling season.[1]  The action invokes the FAA’s statutory delay-reduction authority under 49 U.S.C. § 41722, which authorizes the Secretary of Transportation to convene meetings with air carriers to discuss flight reductions at severely congested airports during peak operating hours.[2]

Published carrier schedules at ORD now significantly exceed the airport’s demonstrated manageable capacity, and the FAA intends to issue a final scheduling limitations order following the meeting that could impose binding operational caps through the end of the Summer 2026 season.

Our alert summarizes the notice, the statutory framework, the meeting procedures, and the key implications for carriers.

Background

The FAA and the Department of Transportation (DOT) have determined that communicated increases in carrier operations at ORD will exceed the airport’s capacity throughout the Summer 2026 season, which runs from March 29 through October 25, 2026.[3]  The notice identifies two converging factors: (1) aggressive carrier schedule expansion and (2) ongoing long-term construction projects at ORD that will continue to affect operations to varying degrees throughout the summer season.[4]

The capacity mismatch

Currently published carrier schedules reflect more than 3,080 daily operations on peak days – a substantial increase over the approximately 2,680 total daily operations that ORD handled at peak during the Summer 2025 season.[5]

Separately, the FAA states that ORD presently facilitates approximately 100 hourly departures and arrivals respectively, and that this level of operations – which the agency characterizes as resulting in approximately 2,800 total daily operations – is manageable given current infrastructure and staffing resources.[6]  The FAA proposes to adopt these current operational levels as the scheduling limit throughout the Summer 2026 season, reviewing operations in each 30-minute period between 6:00am and 9:59pm local time.[7]

Statutory framework

Section 41722 authorizes the Secretary to request that carriers meet with the FAA Administrator when two conditions are satisfied: (1) the Administrator determines that such a meeting is necessary and (2) the Secretary determines the meeting is necessary to address a serious transportation need or achieve an important public benefit.[8]  Both determinations have been made here. The Secretary’s determination expressly identifies the preservation of competition, passenger throughput, and access to the airport as the public benefits at stake.[9]

Importantly, § 41722 authorizes the convening of a meeting and establishes procedures for voluntary carrier reductions. The statute does not itself impose scheduling limitations. Binding operational caps arise only if the FAA subsequently issues a scheduling limitations order – which the notice confirms the agency intends to do following the meeting.[10]

Meeting structure and procedures

The FAA Administrator will host opening remarks on March 3, 2026, at 3:00pm ET. The scheduling reduction meeting itself will convene on March 4, 2026, at 9:00am ET and may continue until adjourned by the FAA.[11] The meeting is open to all scheduled air carriers – whether or not they currently serve ORD – and to the Chicago Department of Aviation (CDOA) as the airport operator. Carriers must register by March 2, 2026, and written submissions are due by March 11, 2026.

The statute requires the Administrator to establish flight reduction targets and notify carriers at least 48 hours before the meeting. Carriers must direct any reduction offers to the Administrator rather than to other carriers.[12] Notably, the § 41722 meeting addresses only domestic scheduled carrier operations. The notice states that the FAA will separately initiate steps under the International Air Transport Association (IATA) process to manage foreign carrier operations at ORD as necessary.[13]

Because scheduling reduction discussions could raise antitrust concerns, the FAA has coordinated meeting procedures with the Department of Justice (DOJ) Antitrust Division. The notice includes an exchange of letters between FAA Chief Counsel William McKenna and Acting Assistant Attorney General Omeed A. Assefi.[14] In its responsive letter, the DOJ stated that it is “not presently inclined to initiate antitrust enforcement action” against carriers that participate in the meeting as described, while expressly reserving the right to bring an enforcement action against any conduct that violates the antitrust laws.[15] This language reflects the DOJ’s current enforcement intention – not an approval, immunity grant, or binding commitment against future enforcement.

The procedures prohibit any carrier-to-carrier communication regarding competitively sensitive information. Each carrier will participate in separate, confidential sessions with FAA staff, during which the carrier may offer specific flight reductions or schedule modifications. DOJ Antitrust Division representatives will be invited to attend all sessions.[16]

Context and precedent

The ORD action follows the FAA’s use of the same statutory authority at Newark Liberty International Airport (EWR), where the agency convened a § 41722 scheduling reduction meeting in May 2025[17] and subsequently issued a final scheduling limitations order imposing hourly operational caps.[18] The ORD notice expressly cites the EWR proceeding, and the meeting procedures are substantively identical. The use of § 41722 at two major hub airports within less than a year is notable, though it may reflect the particular infrastructure, staffing, and construction constraints at these airports rather than a broader doctrinal shift in FAA scheduling oversight. Carriers should monitor whether similar capacity pressures at other congested facilities prompt additional proceedings.

Implications for carriers

Following the meeting and consideration of all submissions, the FAA intends to publish a final scheduling limitations order in the Federal Register that would be effective through the Summer 2026 season and could restrict service during peak hours by all carriers – including carriers not currently operating at ORD.[19] Based on the EWR precedent, violations of a final order may be subject to civil penalties of up to $75,000 per flight operated above the scheduling limits for carriers that are not small businesses, as adjusted for inflation.[20]

The practical implications of this proceeding are significant across several dimensions:

Schedule reductions: A final limitations order could require carriers to reduce published frequencies, particularly during periods the FAA identifies as severely congested. With published schedules exceeding manageable capacity by approximately 280 daily operations across all carriers, the required aggregate reductions – on the order of 9–10 percent – could meaningfully affect individual carrier schedules at ORD.

Granular time-of-day caps: The FAA’s proposal to review operations in 30-minute increments between 6:00am and 9:59pm local time indicates that any limitations will be structured as time-specific caps rather than simple aggregate daily limits. Carriers should expect the most significant constraints during morning and evening peak departure and arrival windows.

Allocation framework: How required reductions are allocated among carriers will be the central competitive issue in the proceeding. The EWR precedent involved proportional reduction methodologies, but the FAA retains discretion to set carrier-specific targets. Carriers with larger schedule footprints at ORD will have the greatest exposure to reduction requirements.

Network and revenue effects: Binding scheduling caps at ORD would constrain carriers’ ability to add frequencies or launch new routes during the summer season, with downstream effects on connecting traffic flows, codeshare and interline arrangements, and revenue management strategies.

Foreign carrier considerations: Although the § 41722 meeting addresses only domestic carrier schedules, the FAA has stated it will initiate complementary steps under the IATA scheduling process to manage foreign carrier operations at ORD as necessary. International carriers and alliance partners are encouraged to monitor both tracks.

Key dates and next steps

Carriers operating or planning to operate scheduled service at ORD during the Summer 2026 season should consider the following steps:

• Register for the scheduling reduction meeting by contacting Al Meilus, FAA Slot Administration and Capacity Analysis (al.meilus@faa.gov; (202) 267-2822) no later than March 2, 2026.


• Prepare written submissions for the docket (FAA-2004-16944 via regulations.gov) addressing current and planned ORD schedules, operational considerations, and any data relevant to the FAA’s capacity assessment, due by March 11, 2026.


• Model schedule reduction scenarios to assess the impact of various capacity cap configurations – including 30-minute-period limits – on ORD operations, connecting traffic, codeshare arrangements, and revenue.


• Develop carrier offer strategy for the confidential individual sessions with FAA staff, considering which flights or time periods offer the greatest flexibility for adjustment while minimizing network disruption.


• Monitor the docket and IATA process for additional filings, the FAA’s final order, and any complementary restrictions on foreign carrier operations.


• Engage experienced regulatory counsel to advise on meeting participation strategy, antitrust compliance during the process, and potential challenges to any final limitations order.

Learn more

For questions about the FAA’s scheduling reduction process at ORD, carrier participation in the March meeting, antitrust compliance considerations, or the broader regulatory implications for aviation scheduling and capacity management, please contact the authors.

_{[1] Operating Limitations at Chicago O’Hare International Airport, Notice of Scheduling Reduction Meeting and Request for Information, 91 Fed. Reg. (Mar. 3, 2026) (Docket No. FAA-2004-16944) [hereinafter ORD Scheduling Notice], available at https://federalregister.gov/d/2026-04198.}

_{[2] 49 U.S.C. § 41722(a) (2018).}

_{[3] ORD Scheduling Notice, supra note 1 (“The Department of Transportation (DOT) and FAA have determined that the communicated increase in operations at ORD will exceed the airport’s capacity throughout the Summer 2026 scheduling season, March 29, 2026, through October 25, 2026.”).}

_{[4] Id. (“[O]RD continues to undergo long term construction projects that have and will impact operations to varying degrees throughout the Summer 2026 Scheduling Season.”).}

_{[5] Id. (“Currently published schedules exceed 3,080 daily operations on peak days (source: Cirium). By comparison, daily scheduled operations for the Summer 2025 Scheduling Season peaked at approximately 2,680 total operations.”).}

_{[6] Id. (“Presently, ORD facilitates approximately 100 hourly departures and arrivals respectively, resulting in approximately 2,800 total daily operations. This level of operations is manageable given the current infrastructure and staffing resources available at ORD.”). The FAA’s stated 2,800 daily figure appears to reflect observed operational totals rather than a strict arithmetic derivation from the hourly rate, as 200 operations per hour across the full 06:00–21:59 scheduling window would yield approximately 3,200.}

_{[7] Id. (“FAA will review each 30-minute period between 06:00 and 21:59 local time with carriers to meet the overall hourly proposed scheduling limit.”).}

_{[8] 49 U.S.C. § 41722(a)(1)–(2).}

_{[9] ORD Scheduling Notice, supra note 1 (“The Secretary of Transportation has also determined, pursuant to the Act, that a scheduling reduction meeting regarding flight reductions at ORD is necessary to meet a serious transportation need or to achieve an important public benefit, both of which include preserving competition, passenger throughput, and access to the airport as much as possible.”).}

_{[10] ORD Scheduling Notice, supra note 1 (“After conducting the scheduling reduction meeting and considering all submitted information, FAA will publish its final order on delay reductions at ORD in the Federal Register. The order is expected to be effective through the Summer 2026 scheduling season and may restrict service during peak hours by all carriers, including carriers that are not currently operating at ORD.”).}

_{[11] Id. at 1–2 (setting opening remarks for March 3, 2026, at 3:00pm and the scheduling reduction meeting for March 4, 2026, at 9:00am).}

_{[12] 49 U.S.C. § 41722(c)–(d).}

_{[13] ORD Scheduling Notice, supra note 1 (“The scheduled operations of foreign air carriers are managed under a process defined by the International Air Transport Association (IATA). FAA will initiate steps under the IATA process to manage, if necessary, the scheduled operations of foreign air carriers at ORD that are complementary to the scheduling reduction meeting.”).}

_{[14] Id. (reprinting letter from William McKenna, Chief Counsel, FAA, to Omeed A. Assefi, Acting Assistant Attorney General, Antitrust Division, DOJ (Feb. 26, 2026), and responsive letter from Omeed A. Assefi to William McKenna (Feb. 26, 2026)).}

_{[15] Id. (DOJ letter stating “[t]he Department is not presently inclined to initiate antitrust enforcement action against any carrier that participates in the FAA’s flight reduction meeting and conducts itself in the manner described” and expressly reserving “the right to bring an enforcement action against any conduct that violated the antitrust laws”).}

_{[16] 49 U.S.C. § 41722(e) (requiring transcript); ORD Scheduling Notice, supra note 1 (describing individual carrier offer sessions conducted separately and confidentially with FAA staff, with DOJ Antitrust Division representatives invited to attend).}

_{[17] See Operating Limitations at Newark Liberty International Airport, Notice of Meeting and Request for Information, 90 Fed. Reg. 20,545 (May 14, 2025) (cited in ORD Scheduling Notice, supra note 1).}

_{[18] See Operating Limitations at Newark Liberty International Airport, Final Order, 90 Fed. Reg. 26,841 (June 2, 2025) (imposing hourly scheduling limits at EWR under § 41722); Order Extension and Amendment, available at https://public-inspection.federalregister.gov/2025-18871.pdf (extending EWR order through 2026 using proportional reduction methodology based on results of May 2025 § 41722 meetings).}

_{[19] ORD Scheduling Notice, supra note 1.}

_{[20] 49 U.S.C. § 46301(a); 14 C.F.R. pt. 383 (2026) (setting general civil penalty maximum at $75,000 for carriers that are not small businesses, as adjusted for inflation). In the EWR final order, the FAA cited a maximum civil penalty of $75,000 per flight operated above the scheduling limits for non-small-business carriers. 90 Fed. Reg. at 26,849. Penalty maximums are subject to annual inflation adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. No. 114-74, § 701, 129 Stat. 584, 599–601.}