Rule2022-23616
Operating Limitations at John F. Kennedy International Airport
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2022
Effective
October 28, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action extends the Order Limiting Operations at John F. Kennedy International Airport (JFK) published on January 18, 2008, and most recently extended on September 18, 2020. The Order remains effective until October 26, 2024.
Full Text
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<title>Federal Register, Volume 87 Issue 208 (Friday, October 28, 2022)</title>
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[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65161-65163]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23616]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2007-29320]
Operating Limitations at John F. Kennedy International Airport
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Extension to order.
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SUMMARY: This action extends the Order Limiting Operations at John F.
Kennedy International Airport (JFK) published on January 18, 2008, and
most recently extended on September 18, 2020. The Order remains
effective until October 26, 2024.
DATES: This action is effective on October 28, 2022.
ADDRESSES: Requests may be submitted by mail to Slot Administration
Office, System Operations Services, AJR-0, Room 300W, 800 Independence
Avenue SW, Washington, DC 20591, or by email to: <a href="/cdn-cgi/l/email-protection#be8993dfc9df93cdd2d1cadfdad3d7d0fed8dfdf90d9d1c8"><span class="__cf_email__" data-cfemail="ab9c86cadcca86d8c7c4dfcacfc6c2c5ebcdcaca85ccc4dd">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Al Meilus, Slot Administration and
Capacity Analysis, FAA ATO System Operations Services, AJR-G5, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone (202) 267-2822; email <a href="/cdn-cgi/l/email-protection#0e6f6220636b67627b7d4e686f6f20696178"><span class="__cf_email__" data-cfemail="30515c1e5d55595c4543705651511e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Availability of Relevant Documents
You may obtain an electronic copy using the internet by:
(1) Searching the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>;
(2) Visiting the FAA's Dynamic Regulatory System website at <a href="https://drs.faa.gov">https://drs.faa.gov</a>; or
(3) Accessing the Government Publishing Office's website at
<a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
You also may obtain a copy by sending a request to the Federal
Aviation Administration, Slot Administration and Capacity Analysis
Office, AJR-G5, 800 Independence Avenue SW, Washington, DC 20591, or by
calling (202) 267-2822. Make sure to identify the docket number.
Background
The FAA historically limited the number of arrivals and departures
at JFK through the implementation of the High Density Rule (HDR).\1\ By
statute enacted in April 2000 (Aviation Investment and Reform Act for
the 21st Century (AIR-21)), operations were added at JFK through
provisions permitting exemptions for new entrant carriers and flights
to small and non-hub airports.\2\
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\1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for
operating at high density traffic airports in 14 CFR part 93,
subpart K. The HDR required carriers to hold a reservation, which
came to be known as a ``slot,'' for each takeoff or landing under
instrument flight rules at the high density traffic airports.
\2\ Aviation Investment and Reform Act for the 21st Century
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
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The HDR's applicability to JFK operations terminated as of January
1, 2007.\3\ With the AIR-21 exemptions and the HDR phase-out, some air
carriers serving JFK significantly increased their scheduled operations
throughout the day and retimed existing flights. This resulted in
scheduled demand in peak hours that exceeded the airport's capacity and
caused significant congestion and delay.
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\3\ Id.
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In January 2008, the FAA placed temporary limits on scheduled
operations at JFK to mitigate persistent congestion and delays at the
airport.\4\ The FAA extended the January 18, 2008, Order placing
temporary limits on scheduled operations at JFK on October 7, 2009,
April 4, 2011, May 14, 2013, March 26, 2014, May 24, 2016, as corrected
June 21, 2016, September 17, 2018, and on September 18, 2020.\5\
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\4\ 73 FR 3510 (Jan. 18, 2008), as amended by 73 FR 8737 (Feb.
14, 2008).
\5\ 74 FR 51650; 76 FR 18620; 78 FR 28276; 79 FR 16854; 81 FR
32636; 81 FR 40167; 83 FR 46865; and 85 FR 58258.
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Under this Order, as amended, the FAA (1) maintains the current
hourly limits of 81 scheduled operations at JFK
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during the slot-controlled hours; (2) imposes an 80 percent minimum
usage requirement for Operating Authorizations (OAs) \6\ with defined
exceptions; (3) provides a mechanism for withdrawal of OAs for FAA
operational reasons; (4) establishes procedures to allocate withdrawn,
surrendered, or unallocated OAs; and (5) allows for trades and leases
of OAs for consideration for the duration of the Order.
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\6\ Also referred to herein as ``slots.''
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The reasons for retaining the Order have not changed appreciably
since its initial issuance. Despite the dynamic demand during the 2020-
2022 period due to the COVID-19 pandemic, demand for access to JFK
remains high and multiple new entrant and other incumbent airlines have
requested new peak period operations and retiming of existing flights
to higher demand hours. The FAA has determined that the operational
limitations imposed by this Order remain necessary. In the Summer 2022
scheduling season, the allocated slots in the busiest hours were
generally at the limits under this Order. For the Winter 2022/2023
scheduling season, the initial requests for historic slots and retiming
of existing slots continue to show demand is higher than the scheduling
limits in multiple hours. Notwithstanding the dynamic demand caused by
the COVID-19 pandemic, without the operational limitations imposed by
the Order, the FAA expects severe congestion-related delays would occur
at JFK and at other airports throughout the National Airspace System
(NAS) as flights are added or retimed into peak periods at JFK. The FAA
will continue to monitor demand, performance, and runway capacity at
JFK, to determine if changes are warranted during the effective period
of this Order. The FAA, in coordination with the Office of the
Secretary of Transportation (OST), will also continue to consider
potential rulemaking to codify policies for slot-controlled airports.
Pending Issues
In extending the Orders limiting operations at JFK and LaGuardia
National Airport (LGA) in 2018, the FAA noted that receipt of specific
proposals for policy changes that would necessitate modifications to
the Orders.\7\ Consideration of these issues is ongoing. In addition,
the FAA is reviewing substantive amendments to the International Air
Transport Association Worldwide Slot Guidelines (WSG, now known as the
Worldwide Airport Slot Guidelines or ``WASG'') and considering whether
to implement certain changes in the United States.\8\ Accordingly, the
FAA is extending the expiration date of this Order until October 26,
2024. This expiration date coincides with the extended expiration date
for the Order limiting operations at LGA, as also published elsewhere
in the Federal Register.
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\7\ See discussion of ``Current Issues'' in 2018 JFK Order, 83
FR at 46865, and 2018 LGA Order, 83 FR at 47065.
\8\ <a href="https://www.iata.org/en/policy/slots/slot-guidelines/">https://www.iata.org/en/policy/slots/slot-guidelines/</a>.
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The FAA continues to monitor demand, performance, and runway
capacity at JFK, to determine if changes are warranted during the
effective period of this Order. The FAA is working with MITRE's Center
for Advanced Aviation System Development on a study analyzing airport
runway configurations and capacity. The continuation of this study will
investigate projected delays with alternative demand scenarios, as well
as consider a number of the complexities associated with JFK
operations, including interaction with other nearby airports and
operational growth limitations due to the busy airspace surrounding the
New York Area.
The FAA finds that notice and comment procedures under 5 U.S.C.
553(b) are impracticable, unnecessary, and contrary to the public
interest, as carriers have planned schedules for the Winter 2022/2023
scheduling season and no significant substantive changes are included
in this action. For these reasons, the FAA also finds that it is
impracticable and contrary to the public interest to delay the
effective date of this Order under 5 U.S.C. 553(d).
This Order is the equivalent of limited local rules as referenced
in the WSG and takes precedence over the WSG where there are
differences.\9\ At JFK, the FAA follows the WSG in many respects such
as new entrant priority \10\ and consideration of schedule constraints
such as terminal, gate, parking, customs and immigration, curfews, and
similar operational factors.
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\9\ As previously indicated, the FAA is reviewing substantive
amendments to the WSG adopted in version 10 (Aug. 1, 2019) and
included in the current WASG, and considering whether to implement
certain changes in the United States. The FAA continues to generally
apply edition 9 of the WSG (Jan. 1, 2019) to inform its slot
administration decisions at JFK, available at: <a href="http://www.regulations.gov/document/FAA-2007-29320-0058">www.regulations.gov/document/FAA-2007-29320-0058</a>.
\10\ Under current policy and procedures, the FAA applies the
definitions for ``new entrant'' as set forth in the WSG edition 9
(Jan. 1, 2019), which is ``an airline requesting a series of slots
at an airport on any day where, if the airline's request were
accepted, it would hold fewer than 5 slots at that airport on that
day.''
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The Amended Order
The Order, as amended, is recited below in its entirety.
1. This Order continues the process for assigning operating
authority to conduct an arrival or a departure at JFK during the
affected hours to any certificated U.S. air carrier or foreign air
carrier. The FAA will not assign operating authority under this Order
to any person or entity other than a certificated U.S. or foreign air
carrier with appropriate economic authority and with operating
authority from FAA under 14 CFR part 121, 129, or 135. This Order
applies to the following:
a. All U.S. air carriers and foreign air carriers conducting
scheduled operations at JFK as of the date of this Order, any U.S. air
carrier or foreign air carrier that operates under the same designator
code as such a carrier, and any air carrier or foreign-flag carrier
that has or enters into a codeshare agreement with such a carrier.
b. All U.S. air carriers or foreign air carriers initiating
scheduled or regularly conducted commercial service to JFK while this
Order is in effect.
c. The Vice President, System Operations Services, in coordination
with the Chief Counsel of the FAA, is the final decision maker for
determinations under this Order.
2. This Order governs scheduled arrivals and departures at JFK from
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
3. This Order took effect on March 30, 2008, and will expire
October 26, 2024.
4. Under the authority provided to the Secretary of Transportation
and the FAA Administrator by 49 U.S.C. 40101, 40103, and 40113, we
hereby order that:
a. No U.S. air carrier or foreign air carrier initiating or
conducting scheduled or regularly conducted commercial service at JFK
may conduct such operations without an Operating Authorization assigned
by the FAA.
b. Except as otherwise authorized by the FAA based on historic
precedence, scheduled U.S. air carrier and foreign air carrier arrivals
and departures will not exceed 81 per hour from 6 a.m. through 10:59
p.m., Eastern Time.
c. The Administrator may change the limits if the Administrator
determines that capacity exists to accommodate additional operations
without a significant increase in delays.
5. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
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6. A carrier holding an Operating Authorization may request the
Administrator's approval to move any arrival or departure scheduled
from 6:00 a.m. through 10:59 p.m. to another half hour within that
period. Except as provided in paragraph 7, the carrier must receive the
written approval of the Administrator, or his delegate, prior to
conducting any adjusted arrival or departure. All requests to move an
allocated Operating Authorization must be submitted to the FAA Slot
Administration Office, facsimile (202) 267-7277 or email 7-AWA-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="396a55564d585d545057795f5858175e564f">[email protected]</a>, and must come from a designated representative of
the carrier. If the FAA cannot approve a carrier's request to move a
scheduled arrival or departure, the carrier may then apply for a trade
in accordance with paragraph 7.
7. For the duration of this Order, a carrier may enter into a lease
or trade of an Operating Authorization to another carrier for any
consideration. Notice of a trade or lease under this paragraph must be
submitted in writing to the FAA Slot Administration Office, facsimile
(202) 267-7277 or email <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="02352f4355432f516e6d7663666f6b6c426463632c656d74">[email protected]</a>, and must come from a
designated representative of each carrier. The FAA must confirm and
approve these transactions in writing prior to the effective date of
the transaction. The FAA will approve transfers between carriers under
the same marketing control up to five business days after the actual
operation, but only to accommodate operational disruptions that occur
on the same day of the scheduled operation. The FAA's approval of a
trade or lease does not constitute a commitment by the FAA to grant the
associated historical rights to any operator in the event that slot
controls continue at JFK after this Order expires.
8. A carrier may not buy, sell, trade, or transfer an Operating
Authorization, except as described in paragraph 7.
9. Historical rights to Operating Authorizations and withdrawal of
those rights due to insufficient usage will be determined on a seasonal
basis and in accordance with the schedule approved by the FAA prior to
the commencement of the applicable season.
a. For each day of the week that the FAA has approved an operating
schedule, any Operating Authorization not used at least 80% of the time
over the time-frame authorized by the FAA under this paragraph will be
withdrawn by the FAA for the next applicable season except:
i. The FAA will treat as used any Operating Authorization held by a
carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and
the period from December 24 through the first Saturday in January.
ii. The Administrator of the FAA may waive the 80% usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the carrier and which affects
carrier operations for a period of five consecutive days or more.
b. Each carrier holding an Operating Authorization must forward in
writing to the FAA Slot Administration Office a list of all Operating
Authorizations held by the carrier along with a listing of the
Operating Authorizations and:
i. The dates within each applicable season it intends to commence
and complete operations.
A. For each winter scheduling season, the report must be received
by the FAA no later than August 15 during the preceding summer.
B. For each summer scheduling season, the report must be received
by the FAA no later than January 15 during the preceding winter.
ii. The completed operations for each day of the applicable
scheduling season:
A. No later than September 1 for the summer scheduling season.
B. No later than January 15 for the winter scheduling season.
iii. The completed operations for each day of the scheduling season
within 30 days after the last day of the applicable scheduling season.
10. In the event that a carrier surrenders to the FAA any Operating
Authorization assigned to it under this Order or if there are
unallocated Operating Authorizations, the FAA will determine whether
the Operating Authorizations should be reallocated. The FAA may
temporarily allocate an Operating Authorization at its discretion. Such
temporary allocations will not be entitled to historical status for the
next applicable scheduling season under paragraph 9.
11. The FAA considers the following factors and priorities in
allocating Operating Authorizations, which the FAA has determined are
available for reallocation--
a. Historical requests for allocation of an Operating Authorization
in the same time;
b. New entrant status;
c. Retiming of historic Operating Authorizations;
d. Extension of a seasonal Operating Authorization to year-round
service;
e. The effective period of operation;
f. The extent and regularity of intended use with priority given to
year-round services;
g. The operational impacts of scheduled demand, including the
hourly and half-hour demand and the mix of arrival and departure
flights; and,
h. Airport facility constraints.
Any carrier that is not approved for allocation of an Operating
Authorization by the FAA may request it be placed on a waiting list for
consideration should an Operating Authorization in the requested time
become available during that scheduling season.
12. If the FAA determines that an involuntary reduction in the
number of allocated Operating Authorizations is required to meet
operational needs, such as reduced airport capacity, the FAA will
conduct a weighted lottery to withdraw Operating Authorizations to meet
a reduced hourly or half-hourly limit for scheduled operations. The FAA
will provide at least 45 days' notice unless otherwise required by
operational needs. Any Operating Authorization that is withdrawn or
temporarily suspended will, if reallocated, be reallocated to the
carrier from which it was taken, provided that the carrier continues to
operate scheduled service at JFK.
13. The FAA may enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). The FAA or Department
of Justice also could file a civil action in U.S. District Court, under
49 U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier
from violating the terms of this Order.
14. The FAA may modify or withdraw any provision in this Order on
its own or on application by any carrier for good cause shown.
Issued in Washington, DC, on October 26, 2022.
Alyce Hood-Fleming,
Acting Vice President, System Operations Services.
[FR Doc. 2022-23616 Filed 10-26-22; 4:15 pm]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on October 28, 2022.
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