Delta and JetBlue have asked the Department of Transportation for a temporary exemption from new rule meant to protect passengers from long ground delays. Under the new rule – which is set to take effect April 29 – airlines must let passengers offer planes within three hours. If they don’t, airlines face fines of up to $27,500 per passenger. “For an average Boeing 737 with a full load of passengers, the fine could be around $3.5 million” per plane, The Associated Press writes.

Why are Delta and JetBlue asking for the temporary exemption? They are the top two carriers at New York’s JFK Airport, where a runway closure could add significant delays to an airport that already struggles with on-time operations.

“Although JetBlue has already taken several steps to minimize the impact of this closure on its JFK operations, this exemption is necessary to ensure that JetBlue is not penalized if JFK becomes gridlocked at peak operating times,” AP quotes the airline as saying in its request to DOT.

JetBlue, at least, is worried that the New York delays could spill into other markets like Los Angeles and Orlando. AP notes that “one-third of the nation’s air traffic goes in, out, or over New York airspace every day — accounting for three-quarters of all chronic airline delays, according to the Port Authority of New York and New Jersey.”

Aviation Week adds “JetBlue, however, only requested the waiver for itself. In its filing, Delta supported JetBlue’s application and asked for the waiver to be extended to Delta ‘and other similarly situated carriers.’ ”

By Aviation Week.