Airlines could be on the hook for millions of dollars in fines after the Federal Aviation Administration (FAA) put them on notice that it was investigating allegations they operated flights in violation of strict capacity restrictions during the U.S. government shutdown.
Why were the capacity restrictions put in place?
The flight restrictions were imposed by the Department of Transportation (DOT) as the record-breaking federal government shutdown entered its sixth week, and the pressure on the National Airspace System was really starting to show.
So-called ‘staffing triggers’ at Air Traffic Control towers and centers across the United States were causing multiple flight delays and cancellations, and it was feared that, unless urgent action was taken, safety could be compromised.
Transportation Secretary Sean Duffy announced his “safety-driven, data-driven decision” to slash flights to and from 40 major U.S. airports on November 5, giving airlines less than 48 hours to “meaningfully reduce their schedules” to ease the pressure.
At the time, airlines were supportive of Secretary Duffy’s plan and immediately started to take action to comply with the order.
Flight capacity restrictions started off smaller at around 4% of regularly planned scheduled flights, but there was a plan to gradually build the cuts to as much as 10% if the situation didn’t dramatically improve.
Why did some airlines allegedly ignore the restrictions?
Within a few days of the capacity cuts being implemented, airlines reported improved operational stability, although, at the time, the government shutdown was still very much in effect.
On November 11, however, a bipartisan deal was reached in Congress, and a day later, President Trump signed a funding bill that brought the longest-ever federal shutdown to an end.
Federal employees, including air traffic controllers and support staff, began getting paid again, and while the U.S. is still grappling with an overall shortage of ATC staff, the number of staffing triggers plummeted.
In the eyes of some airlines, the situation was back to normal, and there was no longer any need to proactively cancel flights.
FAA sends letter of investigation to airlines
The FAA did not, however, immediately lift the capacity restrictions. Officials wanted the situation to fully stabilize before returning to normal operating conditions, and the FAA now suspects that some airlines ignored its order.
Instead, when President Trump signed the funding bill, the FAA canceled the first order and replaced it with a new order requiring 6% capacity cuts.
In a letter sent to U.S. airlines and reviewed by PYOK, the FAA writes: “One requirement of the November 12 Order was that each 14 CFR part 121 and commuter or scheduled 135 air carrier reduce by 6 percent daily its total scheduled domestic operations between 6:00 a.m. and 10:00 p.m. at each High Impact Airport.”
The letter continues: “Any discussion or written statements furnished by you will be given consideration in our investigation. If we do not hear from you within the specified time, our report will be processed without the benefit of your
statement.”
What’s a Part 121 carrier?
A part 121 carrier is the legal term for an airline that has been certified by the FAA to perform regularly scheduled passenger or cargo flights – in other words, well-known airlines like United, JetBlue, and Spirit.
What is a Part 135 carrier?
These are airlines that are certified to operate non-scheduled, on-demand commercial flights. Perhaps the most well-known example of this type of airline is JSX.
Airlines could be fined $75,000 per flight
So what’s the penalty that airlines face if they are found to have ignored the FAA’s flight cuts order?
The letter notes that airlines could face a civil penalty of up to $75,000 per flight over and above the limits imposed while the order was in force.
The capacity restrictions remained in place between November 12 and 6 am on November 17, so there are potentially hundreds of flights that could have been operated by non-compliant airlines during this time.
First enforcement action that the FAA has undertaken since Trump took office
Interestingly, this appears to be the first time that the FAA has stated it might take enforcement action against an airline during the second term of President Trump. In other words, this is pretty major that the FAA is now suggesting some airlines could be slapped with huge fines.
In contrast, the Biden administration’s DOT never appeared to be shy about leveling civil penalties against airlines. In particular, under the last administration, the DOT took enforcement action against airlines for violating rules designed to protect disabled passengers, as well as violating tarmac delay policies.
Bottom line
Airlines face fines of $75,000 per flight that exceeded strict capacity restrictions that were in effect between November 12 and November 17, 2025. Airlines have been given until the end of December to respond to an FAA letter that informs them that an investigation is underway.
