Apparently JetBlue Airways and Delta Air Lines want to be the exception to the rule when it comes to the government’s new rule that limits the amount of time passengers can be held on the tarmac. They say that delays caused by the closure of the main runway at New York’s JFK airport could cost them millions of dollars in fines.

The Department of Transportation’s rule, which goes into effect starting April 29^th of this year, orders airlines to let passengers off planes delayed for three hours or face very hefty fines. In December of last year, there were 22 flights nationwide that were delayed for more than three hours from gate to departure. The new rule could slap an airline with a fine of $27,500 per passenger for this kind of delay. For an average Boeing 737 with a full load of people, this fine could be as much as $3.5 million.

Delta and JetBlue are the biggest operators at JFK. This is an airport that was among the worst in the nation for delays last year. The JFK runway closed March 1^st, and it’s already causing delays that could get worse.

May will be the first full month the new Department of Transportation rule will be in effect. It will also be the start of the peak travel season. The airlines have already cut their schedules by almost 10 percent to help ease delays until the runways reopen in July. About one third of JFK’s traffic and half of its departures are now diverted to three smaller runways. The Federal Aviation Administration expects delays at JFK to average about 50 minutes during peak time and 29 minutes at other times during the four month shutdown.