FAA investigates major U.S. airlines over shutdown-related flight reduction order

The Federal Aviation Administration is investigating whether several major U.S. airlines followed a government-mandated order to cut flights at 40 of the nation's busiest airports during the federal shutdown.

In a statement posted to its website on Dec. 1, the FAA said it notified certain carriers that it is reviewing their compliance with an Emergency Order requiring a reduction in daily domestic flights at each "high-impact" airport between 6 a.m. and 10 p.m. The order, issued Nov. 12, warned airlines they could face civil fines of up to $75,000 per flight that exceeded the limits.

According to the FAA, "investigation letters were sent to the scheduled carriers that have more than 10 daily operations at any of the high-impact airports." The agency said it does not have a publicly available list of which airlines received the notices.

Based on FAA criteria, the U.S. carriers operating more than 10 daily flights at high-impact airports include Delta Air Lines, which operates roughly 968 daily departures from Hartsfield-Jackson Atlanta International Airport; American Airlines, which publishes more than 850 daily departures from its Dallas–Fort Worth hub; United Airlines, which operates hundreds of daily flights out of Chicago O'Hare; Southwest Airlines; JetBlue; and Alaska Airlines, among others.

The investigation letters inform airlines that the FAA is reviewing their compliance with the Nov. 12 order and reiterate that noncompliance could result in civil penalties under federal law. Carriers were given 30 days to submit evidence or statements demonstrating compliance.

Delta Air Lines declined to comment when contacted by CBS News Atlanta about the investigation.

FAA-ordered flight cuts; Delta impact

The probe comes weeks after the FAA announced plans on Nov. 6 to reduce flights nationwide by 10% due to staffing shortages tied to the shutdown. Delta told CBS News Atlanta at the time that it was working with the FAA and the U.S. Department of Transportation to cut flights at 40 major airports.

A list reviewed by CBS News included Hartsfield-Jackson Atlanta International Airport among those affected. Delta said it expected to operate "the vast majority of our flights as scheduled" and offered customers additional flexibility to change or cancel bookings without penalty.

On Nov. 7, Delta announced it would cancel about 170 flights out of its roughly 5,000 daily departures. The airline urged passengers to monitor their flight status through Delta.com or the Fly Delta app.

By Nov. 13, Delta CEO Ed Bastian said travelers should not expect widespread issues as the federal government begins to reopen. He said the only cancellations Delta faced recently were the government-mandated reductions, which he said would remain at 6% instead of rising to 10%.

Delta previously announced about 2,000 cancellations due to the FAA-ordered cuts tied to staffing concerns.

Bastian said Wednesday that the Atlanta-based airline lost an estimated $200 million during the shutdown, the first public disclosure by a U.S. carrier of the financial impact. He told investors that refunds "grew significantly" and that bookings slowed as the shutdown created uncertainty for travelers, contributing to a loss of about 25 cents per share.

The FAA's investigation remains ongoing.

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