Construction Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, and LaGuardia Airport, and Newark Liberty International Airport, April 1, 2023, Through November 30, 2023

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Published

December 27, 2022

Effective

December 27, 2022

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

This action grants a limited, conditional waiver of the minimum slot usage requirements at Ronald Reagan Washington National Airport (DCA) due to runway construction and closures at the airport in 2023 and for impacted flights between DCA and slot-controlled airports John F. Kennedy International Airport (JFK) and LaGuardia Airport (LGA). In addition, the FAA will provide similar limited, conditional relief at Newark Liberty International Airport (EWR) under the FAA's Level 2 schedule facilitation process.

Full Text

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<title>Federal Register, Volume 87 Issue 247 (Tuesday, December 27, 2022)</title>
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[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Rules and Regulations]
[Pages 79245-79247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27967]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

Construction Related Relief Concerning Operations at Ronald
Reagan Washington National Airport, John F. Kennedy International
Airport, and LaGuardia Airport, and Newark Liberty International
Airport, April 1, 2023, Through November 30, 2023

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.

ACTION: Notification of limited waiver of the slot usage requirement.

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SUMMARY: This action grants a limited, conditional waiver of the
minimum slot usage requirements at Ronald Reagan Washington National
Airport (DCA) due

[[Page 79246]]

to runway construction and closures at the airport in 2023 and for
impacted flights between DCA and slot-controlled airports John F.
Kennedy International Airport (JFK) and LaGuardia Airport (LGA). In
addition, the FAA will provide similar limited, conditional relief at
Newark Liberty International Airport (EWR) under the FAA's Level 2
schedule facilitation process.

DATES: The usage waiver and policies in this notification are effective
on December 27, 2022 and apply from April 1, 2023, through November 30,
2023.

ADDRESSES: Requests may be submitted by mail to the 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#61564c0016004c120d0e1500050c080f210700004f060e17"><span class="__cf_email__" data-cfemail="86b1abe7f1e7abf5eae9f2e7e2ebefe8c6e0e7e7a8e1e9f0">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For questions concerning this
notification 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 202-264-0568; email <a href="/cdn-cgi/l/email-protection#bfded391d2dad6d3caccffd9dede91d8d0c9"><span class="__cf_email__" data-cfemail="8cede0a2e1e9e5e0f9ffcceaededa2ebe3fa">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

The Metropolitan Washington Airports Authority (MWAA) plans
airfield and runway construction at DCA beginning in 2023 and
continuing into 2024. The main Runway 1-19 will be closed nightly from
approximately May 1, 2023, through October 15, 2023, from 11:00 p.m. to
5:59 a.m. Eastern Time on weekdays and potentially on weekends
depending on the construction project's progress. Runway 4-22 will be
closed nightly and open for Runway 4 daytime departures only for the
duration of the construction project. Runway 15-33 will have nightly
closures in late April 2023 and again in mid-June to late July 2023,
including the intersection with Runway 1-19. Associated taxiways will
also be rehabilitated during the project.
The FAA limits the number of arrivals and departures at DCA through
the implementation of the High Density Rule (HDR).\1\ The HDR hourly
limits at DCA are 37 air carrier slots, 11 commuter slots, and 12
reservations available for other operations.\2\ The ``Other'' class of
users is limited to unscheduled operations such as general aviation,
charters, military, and non-passenger flights and is not intended for
scheduled flight or other regularly conducted commercial operations.
The FAA limits the number of arrivals and departures at JFK and LGA by
FAA Order.\3\
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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 requires carriers to hold a reservation, known as
a ``slot,'' for each takeoff or landing under instrument flight
rules at the high-density traffic airports. Currently, only
operations at DCA are limited by the HDR.
\2\ 14 CFR 93.123.
\3\ Operating Limitations at John F. Kennedy International
Airport. 73 FR 3510 (Jan. 18, 2008), as amended, and most recently
extended by 87 FR 65161 (Oct. 28, 2022). Operating Limitations at
New York LaGuardia Airport. 71 FR 77854 (Dec. 27, 2006), as amended,
and most recently extended by 87 FR 65159 (Oct. 28, 2022).
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At DCA, JFK, and LGA, each slot must be used a minimum of 80
percent of the time.\4\ At DCA and LGA, any slot not used at least 80
percent of the time over a two-month period will be recalled by the
FAA.\5\ At JFK, usage is calculated seasonally, slots not meeting the
minimum usage requirement will not receive historic status for the
following equivalent scheduling season.\6\ The FAA may waive the 80
percent minimum usage requirement if a highly unusual and unpredictable
condition beyond the control of the slot-holding air carrier affects
carrier operations for a period of five consecutive days or more at JFK
and LGA and nine consecutive days or more at DCA.\7\
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\4\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 at 65162 (Oct. 28, 2022); Operating Limitations
at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022);
14 CFR 93.227(a).
\5\ Operating Limitations at New York LaGuardia Airport, 87 FR
65159 at 65160 (Oct. 28, 2022); 14 CFR 93.227(a).
\6\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 at 65162 (Oct. 28, 2022).
\7\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 at 65163 (Oct. 28, 2022); Operating Limitations
at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022);
14 CFR 93.227(j).
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The FAA designated EWR a Level 2 airport under the Worldwide Slot
Guidelines (WSG), now known as the Worldwide Airport Slot Guidelines
(WASG). The FAA does not allocate slots, apply historic precedence, or
impose minimum usage requirements at EWR. Level 2 schedule facilitation
depends upon close and continuous discussions and voluntary agreement
between airlines and the FAA to reduce congestion. At Level 2 airports,
the FAA generally provides priority consideration for flights approved
by the FAA and operated by the carrier in those approved times in the
prior scheduling season when the FAA reviews proposed flights for
facilitation in the next corresponding scheduling season. However, the
FAA notes that the usual Level 2 processes include flexibility for the
facilitator to prioritize planned flights, which are canceled in
advance or on the day of the scheduled operation due to operational
impacts that are beyond the control of the carrier.

Summary of Petitions Received

On November 30, 2022, Airlines for America (A4A) filed a petition
on behalf of member and associate member airlines requesting a limited
waiver of the minimum slot usage rules at DCA due to the impending
runway construction. The petition also sought either a limited waiver
of the minimum slot usage requirements or schedule relief at LGA, EWR,
and JFK for slots or movements for nonstop flights to and from DCA
during specified hours. A4A states that ``construction at DCA will
impose conditions that will significantly impact operations and those
conditions are beyond the control of the slot holders, thereby
providing good cause for the requested waiver.'' A4A indicates ``the
nighttime closing of the main Runway 1-19 will significantly impact
carriers that hold slots in the 2300 hour by forcing them to use Runway
15-33 or not operate.'' A4A notes that ``for many carriers, the option
to use 15-33 will have a negative impact because some aircraft, such as
the 737-900/ER/MAX are unable to use runway 15-33'' and ``other
aircraft will need to apply hefty payload penalties to operate on
runway 15-33, for example some aircraft would need to reduce between 50
and 75 passengers on all but the shortest routes.''
A4A also requests relief for slot pairs associated with the 2300-
0559 closure period, noting carriers may seek alleviation for the
closures slot's pair, which may be outside the 2300-0600 hours and
requests the FAA ``work with carriers on an individual basis to
determine their slot pairing needs and requests as carriers' monthly
schedules develop.''
In addition, A4A requests relief for slot usage associated with
several operations between DCA and JFK, EWR, or LGA. Specifically, A4A
requests the FAA grant slot usage or schedule alleviation to
``departure slots between 2100 and 2200 used for nonstop service to
DCA, as such flights typically arrive at DCA in the 2300 hour'' and
``for any DCA departure slots between 0500 and 0659 used for nonstop
service to those slot-controlled or schedule facilitated New York
airports.''
Southwest Airlines Co. (Southwest) filed a request for temporary
slot flexibility at DCA on December 5, 2022. Specifically, Southwest
requests that the FAA permit Southwest to move three flights currently
scheduled in the 2300

[[Page 79247]]

hour to available hours earlier in the day rather than canceling the
flights during the DCA construction and closure periods. Southwest does
not oppose the waiver request filed by A4A but ``believes that FAA
should pursue the goal of enabling carriers to maintain all possible
capacity at DCA to promote competition, maintain low fares, and ensure
nonstop travel options for the flying public.'' Southwest states there
is available capacity in other hours for Southwest to move its flights
without exceeding hours limits based on 60 operations per hour.\8\
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\8\ The High Density Rule hourly limits for DCA are 37 air
carrier slots, 11 commuter slots, and 12 reservations available for
Other operations. The Other category is limited to unscheduled
operations such as general aviation, charters, military, and non-
passenger flights and is not intended for scheduled flight or other
regularly conducted commercial operations.
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FAA Analysis and Decision

The FAA has determined the DCA airport construction and runway
closures warrant limited, conditional relief from the minimum slot
usage requirements because the impacts to operations in certain hours
are beyond the carriers' control and will exist for several months. The
closures from 2300-0559 Eastern Time are expected to impact operations
as described by A4A and Southwest.
DCA is a high-demand airport, and carriers have indicated they plan
to operate flights if feasible. There are typically 15 to 16 arrivals
in the 2300 hour with the corresponding aircraft used for departures in
the morning hours with additional potential for a few cancellations in
the late evening hours and the corresponding departures. The FAA is not
limiting the relief to certain hours in order to provide some degree of
flexibility to carriers to allow them to balance schedules and slot
pairs. However, the FAA may require carriers to justify how returned
slots are impacted by the runway closure if returned slots are not
during or adjacent to the runway closure periods.
The FAA will work individually with carriers on retiming and
schedule adjustment options; however, the FAA will not retime air
carrier operations into hours that are currently at the air carrier
slot limit. The FAA notes that carriers at DCA regularly engage in
swapping slots for retiming purposes or in temporary leasing of slots
and those options remain available for carriers to manage slot holdings
at the airport.
In addition, the FAA is extending a limited, conditional waiver
from minimum usage requirements at JFK and LGA and providing similar
relief at EWR under the Level 2 process for departure slots or approved
schedules between 2100 and 2200 used for nonstop service to DCA, as
well as slots or approved schedules associated with a DCA departure
between 0500 and 0659 used for nonstop service to those slot-controlled
or schedule facilitated New York City area airports. Carriers may also
choose to use those slots at JFK and LGA or the approved runway times
at EWR for operations to other markets than DCA.
The FAA will treat as used the specific slots impacted by the
construction for the period from April 1, 2023, through November 30,
2023. This provides some time before and after the currently planned
runway closure dates to accommodate potential changes to the
construction schedule and provide carriers that may need some relief on
either side of the current anticipated construction dates to phase in
or phase out current operations. The relief is subject to the following
conditions:
1. The specific slots must be returned to the FAA at least four
weeks prior to the date of the FAA-approved operation, by submission to
<a href="/cdn-cgi/l/email-protection#99aeb4f8eef8b4eaf5f6edf8fdf4f0f7d9fff8f8b7fef6ef"><span class="__cf_email__" data-cfemail="ffc8d29e889ed28c93908b9e9b929691bf999e9ed1989089">[email&#160;protected]</span></a>.
2. Slots newly allocated after December 1, 2022, for initial use
before November 30, 2023, are not eligible for relief.
3. Slots authorized at DCA by Department of Transportation or FAA
exemptions are not eligible for relief.
4. At JFK, LGA, and EWR only departure slots or approved schedules
between 2100 and 2200 used for nonstop service to DCA and slots or
approved schedules associated with a DCA departure between 0500 and
0659 used for nonstop service to those slot-controlled or schedule
facilitated New York City area airport are eligible for relief.

Issued in Washington, DC.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2022-27967 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-13-P

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