Rule2023-17419
Staffing Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, September 16, 2023, Through October 28, 2023
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Published
August 14, 2023
Effective
August 14, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA has determined to extend through October 28, 2023, the limited, conditional waiver of the minimum usage requirement that applies to Operating Authorizations or "slots" at John F. Kennedy International Airport (JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington National Airport (DCA) due to post-pandemic effects on Air Traffic Controller (ATC) staffing at the New York Terminal Radar Approach Control (TRACON) facility (N90) the FAA has already made available through September 15, 2023. Carriers will be permitted to voluntarily turn in up to 10 percent of their slots held at JFK and LGA as well as impacted slots at DCA for the period from September 16, 2023, through October 28, 2023. In addition, the FAA has determined to extend through October 28, 2023, the limited policy for prioritizing returned operations at Newark Liberty International Airport (EWR) due to post-pandemic effects on ATC staffing at N90 for purposes of establishing a carrier's operational baseline in the next corresponding season. Carriers will be permitted to voluntarily turn in up to 10 percent of their approved operating timings at EWR for the period from September 16, 2023, through October 28, 2023. These extensions through October 28, 2023, are available on the same conditions and limitations as the relief that the FAA already has announced through September 15, 2023. Carriers seeking to take advantage of this relief must identify the slots and approved operating timings they wish to return to the FAA before September 2, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Rules and Regulations]
[Pages 54873-54875]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17419]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 88 , No. 155 / Monday, August 14, 2023 /
Rules and Regulations
[[Page 54873]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
Staffing Related Relief Concerning Operations at Ronald Reagan
Washington National Airport, John F. Kennedy International Airport,
LaGuardia Airport, and Newark Liberty International Airport, September
16, 2023, Through October 28, 2023
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.
ACTION: Extension of limited waiver of the slot usage requirement.
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SUMMARY: The FAA has determined to extend through October 28, 2023, the
limited, conditional waiver of the minimum usage requirement that
applies to Operating Authorizations or ``slots'' at John F. Kennedy
International Airport (JFK), New York LaGuardia Airport (LGA), and
Ronald Reagan Washington National Airport (DCA) due to post-pandemic
effects on Air Traffic Controller (ATC) staffing at the New York
Terminal Radar Approach Control (TRACON) facility (N90) the FAA has
already made available through September 15, 2023. Carriers will be
permitted to voluntarily turn in up to 10 percent of their slots held
at JFK and LGA as well as impacted slots at DCA for the period from
September 16, 2023, through October 28, 2023. In addition, the FAA has
determined to extend through October 28, 2023, the limited policy for
prioritizing returned operations at Newark Liberty International
Airport (EWR) due to post-pandemic effects on ATC staffing at N90 for
purposes of establishing a carrier's operational baseline in the next
corresponding season. Carriers will be permitted to voluntarily turn in
up to 10 percent of their approved operating timings at EWR for the
period from September 16, 2023, through October 28, 2023. These
extensions through October 28, 2023, are available on the same
conditions and limitations as the relief that the FAA already has
announced through September 15, 2023. Carriers seeking to take
advantage of this relief must identify the slots and approved operating
timings they wish to return to the FAA before September 2, 2023.
DATES: This action is effective August 14, 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#7b4c561a0c1a560817140f1a1f1612153b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="6e59430f190f431d02011a0f0a0307002e080f0f40090118">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For questions concerning this notice
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#59383577343c30352c2a193f3838773e362f"><span class="__cf_email__" data-cfemail="d2b3befcbfb7bbbea7a192b4b3b3fcb5bda4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
In the notice that FAA issued on March 22, 2023, the FAA announced
certain relief from May 15, 2023, through September 15, 2023, allowing
carriers to return operations at DCA, EWR, JFK, and LGA due to post-
pandemic effects on ATC staffing at the N90.\1\ N90 provides ATC
services to overhead flights in the Northeast corridor and to the New
York City area airports, including JFK, LGA, and EWR. The airspace
complexity resulting from the close proximity of the major commercial
airports serving the New York City region is a significant contributing
factor to delays at JFK, LGA, and EWR. The FAA acknowledges that
temporary safety mitigations put in place in response to the COVID-19
pandemic impacted controller training. Dedicated training initiatives
have been successful in reducing most of the training backlog, with the
exception of N90. The staffing shortfalls at N90 limit FAA's ability to
provide expeditious services to aircraft operators and their passengers
that traverse this airspace.
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\1\ See Staffing Related Relief Concerning Operations at Ronald
Reagan Washington National Airport, John F. Kennedy International
Airport, LaGuardia Airport, and Newark Liberty International
Airport, May 15, 2023, Through September 15, 2023, 88 FR 18032,
(Mar. 27, 2023.)
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The relief provided by the FAA during the peak of the summer season
has provided stability at the NYC area airports. During the period of
May 15, 2023, through June 30, 2023, the total number of scheduled
operations at JFK, LGA and EWR, compared to the same period in 2022,
was up about one (1) percent while cancellations were down about 40
percent, and Ground Delay Programs (GDPs) and Ground Stops (GSs), were
down 20 percent. The FAA continues to monitor performance at N90 and
assess options for addressing the staffing shortages. As FAA efforts
will not be completed in time to address the near-term anticipated
operational impacts in the remainder of the summer 2023 scheduling
season, the FAA plans to extend the existing relief until October 28,
2023.
Petitions Received
On June 28, 2023, the FAA received a petition from United Airlines,
Inc. (United) requesting an extension of the current Summer 2023
limited waiver through the end of the summer 2023 season, October 28,
2023.\2\ United stated that, ``Historically, slots and timings are set
for entire seasons, enhancing predictability, and effecting the
baseline for the next corresponding season.'' \3\ Without an extension
of the current waiver, United states that it will ``be forced to resume
operating all slots at LGA and return to its full baseline level of
operations at EWR.'' United also stated that the FAA has not
transferred responsibility for the Newark radar sector from N90 to the
Philadelphia TRACON (PHL).
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\2\ The FAA received a letter dated July 26, 2023, from American
Airlines, Inc. requesting that the FAA extend the current limited,
conditional waiver of the minimum usage requirement through the
summer 2023 season as well as the winter 2023/2024 season. The FAA
will address this request, and any other received request for the
winter 2023/2024 season separately.
\3\ United at 1.
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On August 7, 2023, the FAA received a petition from Airlines for
America (A4A) requesting identical relief to that requested by United.
In addition, A4A requested the FAA ``make public the data relating to
progress on hiring and certifying air traffic controllers at critical
facilities.''
[[Page 54874]]
Standard
At JFK and LGA, each slot must be used at least 80 percent of the
time.\4\ Slots not meeting the minimum usage requirements will be
withdrawn. The FAA may waive the 80 percent usage requirement in the
event of a highly unusual and unpredictable condition that is beyond
the control of the slot-holding air carrier, and which affects carrier
operations for a period of five consecutive days or more.\5\
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\4\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 (Oct. 28, 2022); Operating Limitations at New
York LaGuardia Airport, 87 FR 65159 (Oct. 28, 2022).
\5\ At JFK, 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. See JFK Order, 87 FR at 65163. At LGA, any operating
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 87 FR at
65160.
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At DCA, any slot not used at least 80 percent of the time over a
two-month period will also be recalled by the FAA.\6\ The FAA may waive
this minimum usage requirement in the event of a highly unusual and
unpredictable condition that is beyond the control of the slot-holding
carrier, and which exists for a period of nine or more days.\7\
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\6\ See 14 CFR 93.227(a).
\7\ See 14 CFR 93.227(j).
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When deciding historical rights to allocated slots, including
whether to grant a waiver of the usage requirement, the FAA seeks to
ensure the efficient use of valuable aviation infrastructure and
maximize the benefits to both airport users and the traveling public.
This minimum usage requirement is expected to accommodate routine
cancellations under all but the most unusual circumstances. Carriers
proceed at risk if they decide on slot usage in anticipation of the FAA
granting a slot usage waiver.
Analysis
Typically, cancellations due to ATC staffing delays are accounted
for by the 20 percent non-utilization allowed under the minimum usage
requirement; however, due to the extent of N90 staffing shortfalls and
the increase in scheduled operations, the effects of N90 staffing
shortfalls are a highly unusual and unpredictable condition beyond the
control of carriers that will impact operations through the remainder
of the summer 2023 scheduling season. Given this fact, along with the
fact that slots and timings are historically set for entire seasons, as
United noted, the FAA will waive the minimum slot usage requirements at
JFK and LGA, and apply a similar policy of prioritizing returned
operations at EWR, to enable scheduling and operational stability
during significant NAS impact days through the remainder of the Summer
2023 season.
In addition, because New York-DCA is a high-frequency market for
multiple carriers, the FAA recognizes this market is a likely target
for carriers to consolidate flights while retaining their network
connectivity. If carriers choose to reduce their schedules in the New
York-DCA market, the FAA encourages carriers to utilize their DCA slots
to operate to other destinations, to the extent that is practical.
However, if carriers are unable to utilize their DCA slots elsewhere,
it would be necessary to provide relief to DCA slots that are impacted
by the reduction in operations at the New York airports.
The FAA previously mentioned in the current Summer 2023 waiver that
the FAA was progressing towards a solution to the N90 staffing issues,
based on moving responsibility for the Newark, New Jersey radar sector
from N90 to the PHL.\8\ As FAA continues to evaluate solutions, the FAA
finds a basis for granting the petition for relief.
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\8\ See Staffing Related Relief Concerning Operations at Ronald
Reagan Washington National Airport, John F. Kennedy International
Airport, LaGuardia Airport, and Newark Liberty International
Airport, May 15, 2023, Through September 15, 2023, 88 FR 18032,
(Mar. 27, 2023.)
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Without an extension of this waiver, carriers would be forced to
increase their scheduled operations from September 16, 2023, through
October 28, 2023, to meet usage requirements. This waiver will give
carriers the ability to reduce operations during the remainder of the
summer travel period and reduce corresponding delays which are likely
to be exacerbated by the effects of ATC staffing shortfalls on
significant NAS impact days.
Carriers should be on notice that N90 staffing shortfalls will not
form a sufficient basis for relief for the summer 2023 season beyond
this waiver because carriers will have had sufficient opportunity to
plan and take remedial action under this waiver policy. The FAA does
not foresee providing additional post-hoc relief associated with ATC
staffing given the extraordinary relief provided here.
Decision
The FAA has determined that the current post-pandemic effects on
N90 staffing meet the applicable waiver standards for the remainder of
the summer 2023 scheduling season. Given carriers' historical
scheduling practices and the experience of the summer 2023 season, the
FAA finds it appropriate to extend the limited waiver of minimum slot
usage requirements at JFK and LGA to allow carriers to return up to
(10) ten percent of their slots at each airport voluntarily as well as
impacted operations between DCA and the New York airports from
September 16, 2023, through October 28, 2023. In addition, the FAA has
determined that the current post-pandemic effects on N90 staffing
warrant an extension of the limited policy for prioritizing returned
operations at EWR to allow carriers to return (10) ten percent of their
approved operating timings voluntarily from September 16, 2023, through
October 28, 2023, for purposes of establishing a carrier's operational
baseline in the next corresponding season. Carriers wishing to return
their slots and approved operating timings voluntarily must do so
before September 2, 2023, i.e., at least 14 days prior to, to be
eligible for this waiver. If carriers participating in this limited
waiver at EWR subsequently operate unapproved flights at that airport,
those carriers will forfeit their scheduling preference to an equal
number of returned approved operating timings chosen at the FAA's
discretion for the subsequent equivalent traffic season. Additionally,
any other relief from minimum slot usage requirements or standard level
2 processes already in effect at JFK, LGA, or EWR will factor into the
(10) ten percent of allowable returns. In other words, any returns made
under a relief policy already in effect when this notice is published
will count towards the carrier's 10 percent of allowable returns.
Further, the FAA encourages carriers to up-gauge aircraft serving the
affected airports to the extent possible to maintain passenger
throughput and minimize the impact on consumers.
The FAA will not reallocate the returned slots or approved
operating timings at JFK, LGA, or EWR. Carriers are encouraged to
utilize their DCA slots in other markets before returning them to the
FAA. In the event DCA slots are returned under this waiver, other
carriers will have an opportunity to operate the slots on an ad hoc
basis without historic precedence to serve markets other than New York.
In addition, the FAA acknowledges A4A's request for data relating to
air traffic controller staffing at critical facilities, given the
breadth of this request and the timing of this notice the agency's
response to this request will be forthcoming.
The FAA will treat as used the specific slots returned in
accordance with the conditions in this notice for the
[[Page 54875]]
period from September 16, 2023, through October 28, 2023. The relief is
subject to the following conditions:
1. The specific slots and approved operating timings must be
returned to the FAA before September 2, 2023.
2. This waiver applies only to slots that have corresponding,
scheduled operations during the period of the grant. A carrier
returning a slot or approved operating time to FAA for relief under
this waiver must identify corresponding scheduled operations. The FAA
may validate information against published schedule data prior to
issuance of this notice, and other operational data maintained by FAA.
Slots or operating times returned without an associated scheduled and
canceled operation will not receive relief.
3. Slots or approved operating timings newly allocated for initial
use before October 28, 2023, are not eligible for relief.
4. Slots authorized at DCA by the Department of Transportation or
FAA exemptions are not eligible for relief.
Issued in Washington, DC, August 9, 2023.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-17419 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P
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