Rule2023-20416
Staffing-Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, October 29, 2023, Through March 30, 2024 (Winter 2023/2024) and March 31, 2024, Through October 26, 2024 (Summer 2024)
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
September 20, 2023
Effective
September 20, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA announces a 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). In addition, the FAA is announcing a 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.
Full Text
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<title>Federal Register, Volume 88 Issue 181 (Wednesday, September 20, 2023)</title>
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[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Rules and Regulations]
[Pages 64793-64795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20416]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 /
Rules and Regulations
[[Page 64793]]
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, October
29, 2023, Through March 30, 2024 (Winter 2023/2024) and March 31, 2024,
Through October 26, 2024 (Summer 2024)
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.
ACTION: Limited waiver of the slot usage requirement.
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SUMMARY: The FAA announces a 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).
In addition, the FAA is announcing a 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.
DATES: This action is effective September 20, 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#4a7d672b3d2b673926253e2b2e2723240a2c2b2b642d253c"><span class="__cf_email__" data-cfemail="83b4aee2f4e2aef0efecf7e2e7eeeaedc3e5e2e2ade4ecf5">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For questions concerning this notice
contact: Al Meilus, Capacity and Slot 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#11707d3f7c74787d6462517770703f767e67"><span class="__cf_email__" data-cfemail="33525f1d5e565a5f4640735552521d545c45">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The New York Terminal Radar Approach Control facility (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. Against this
challenging backdrop, N90 is also facing staffing shortfalls that are
impacting its ability to efficiently manage the volume of air traffic
in this congested airspace. The FAA has made it a top priority to
address these capacity constraints, including by dedicating significant
resources to training a new air traffic controller workforce, and these
efforts remain ongoing. In addition, based on FAA observations of air
carrier operations and recent discussions with industry, there are
likely other contributing factors, including air carrier staffing
issues on the ground.
With demand for air travel at a record high, additional measures
are necessary to ensure that the FAA is able to provide expeditious
services to aircraft operators and their passengers that traverse this
airspace during this time of transition. Early carrier schedules/
discussions indicate an increase in operations after October 29, 2023,
through most of the winter 2023/2024 scheduling season and for all of
the summer 2024 scheduling season. This being the case, the FAA expects
increased delays and cancellations in the New York region to exceed
those experienced over winter 2022/2023 and summer 2023 if a waiver
similar to the one in effect for summer 2023 is not in place for the
winter 2023/2024 and summer 2024 scheduling season to allow carriers to
reduce schedules without penalties for non-use of slots or previously
approved operating times. Reducing schedules will improve the alignment
between scheduled operations and actual operations, will help prevent
unnecessary delays, will help optimize the efficient use of the
airports' resources, and will help deliver passengers to their
destinations more reliably and on time.
Summary of Petitions Received
On July 26th, 2023, the FAA received a petition from American
Airlines Inc. (American) requesting an extension of the initial summer
2023 waiver until the end of the IATA winter 2023/2024 season. American
contends that extending the relief will support operational integrity
in the New York region. In addition, American argues that the winter
season leads to unique operational challenges, particularly de-icing,
where ramp space increasingly is congested and aircraft have a limited
window to depart.
On September 1, 2023, the FAA received a petition from Alaska
Airlines, Inc. (Alaska) sharing the concerns of other carriers
regarding the impact of ATC staffing on airspace management in the New
York Area for an additional waiver extension but requested a waiver
only through the winter 2023/2024 season. Alaska urges the FAA to use
the additional tools at its disposal to help minimize operational
disruptions before granting a long-term waiver. Alaska avers that a
long-term waiver would fail to appropriately maximize the use of
limited slots and potentially hinder new future competition in the New
York market.
Standard
At JFK and LGA, slot-holding carriers must use each assigned slot
at least 80 percent of the time.\1\ The FAA will withdraw slots not
meeting the minimum usage requirements. 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.\2\
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\1\ 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).
\2\ At JFK, the FAA will determine historical rights to
operating authorizations and withdrawal of those rights due to
insufficient usage 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, the FAA
will withdraw any operating authorization not used at least 80
percent of the time over a two-month period. See LGA Order, 87 FR at
65160.
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[[Page 64794]]
At DCA, the FAA also will recall any slot not used at least 80
percent of the time over a two-month period.\3\ 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.\4\
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\3\ See 14 CFR 93.227(a).
\4\ See 14 CFR 93.227(j).
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In determining 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.
The minimum usage requirement is expected to accommodate routine
cancellations under all but the most unusual circumstances. Carriers
proceed at risk if they make scheduling decisions in anticipation of
the FAA granting a slot usage waiver.
Analysis
Due to the volume of originating and destination flights in the New
York City region, as well as the interdependency and complexity of the
airspace surrounding JFK, LGA, and EWR, delays caused in part by N90
staffing shortfalls are expected to significantly impact carriers'
ability to operate and meet minimum usage requirements in the winter
2023/2024 and summer 2024 scheduling seasons. Absent increased
flexibility, the FAA anticipates a high likelihood of congestion and
delay at JFK, LGA, and EWR.
Typically, the 20 percent non-utilization allowed under the minimum
usage requirement accounts for cancellations due to ATC staffing
delays; however, the extent of N90 staffing shortfalls and the increase
in scheduled operations for the winter 2023/2024 season and expected
increase in schedules in the summer 2024 season present a highly
unusual and unpredictable condition beyond the control of carriers that
will impact operations through the entire winter 2023/2024 and summer
2024 scheduling seasons. A waiver of minimum slot usage requirements at
JFK and LGA, and a similar policy of prioritizing returned operations
at EWR, is necessary to allow carriers to reduce operations to enable
scheduling and operational stability. In addition, because New York
City-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 City-DCA market, the FAA
encourages, to the extent practical, carriers to utilize their DCA
slots to operate to other destinations. However, if carriers choose not
to utilize their DCA slots elsewhere, the FAA may consider providing
relief to DCA slots that are impacted by the reduction in operations at
the New York City airports.
Finally, carriers should be aware that the N90 staffing shortfalls
will not form a sufficient basis for further relief going forward in
the winter 2023/2024 and summer 2024 scheduling seasons 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. Given this relief, operational
impacts associated with N90 staffing during the winter 2023/2024 and
summer 2024 scheduling season will not have been beyond carriers'
control and will not serve as a justification for a separate waiver.
Decision
The FAA determined that the post-pandemic effects on N90 staffing
meet the applicable waiver standards and warrant a limited waiver of
minimum slot usage requirements at JFK and LGA to allow carriers to
return up to ten percent of their slots at each airport, as well as
impacted operations between DCA and the New York City airports. In
addition, the FAA has determined the post-pandemic effects on N90
staffing warrant a limited policy for prioritizing returned operations
at EWR to allow carriers to return up to ten percent of their approved
operating timings, for purposes of establishing a carrier's operational
baseline in the next corresponding season. Carriers seeking to return
their slots and approved operating timings must do so by October 13,
2023, for the winter 2023/2024 scheduling season (October 29, 2023,
through March 30, 2024); and by December 15, 2023, for the summer 2024
scheduling season (March 31 through October 26, 2024) to be eligible
for relief under this waiver. For DCA, this relief is available only
for flights impacted by operations to or from the New York City area
airports. If carriers utilizing the relief provided under 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. Furthermore,
the FAA expects 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 also expects carriers to
maintain connections between the affected airports and regional
airports to the extent possible in support of continuous scheduled
interstate air transportation for small communities and isolated areas.
In addition, the FAA urges carriers to return scheduled operations in
the peak delay periods of the day. The following hours (in local time)
are the most prone to delay at each airport: EWR: 1400-2159, JFK: 1300-
2259, LGA: 1300-2159.
The FAA will not reallocate the temporarily returned slots or
approved operating timings at JFK, LGA, or EWR, as the goal is to
reduce the volume of operations in the New York City region. 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.
The FAA will treat as used the specific slots returned in
accordance with the conditions in this notice for the period from
October 29, 2023, through March 30, 2024 (winter 2023/2024) and March
31, 2024, through October 26, 2024 (summer 2024).
The relief is subject to the following conditions:
1. The specific slots and approved operating timings must be
returned to the FAA by October 13, 2023, for the winter 2023/2024
scheduling season; and by December 15, 2023, for the summer 2024
scheduling season.
2. This waiver applies only to slots that have corresponding,
scheduled operations during the period of the grant. A carrier
temporarily returning a slot or approved operating time to the FAA for
relief under this waiver must identify corresponding scheduled
operations for winter 2023/2024, or approved slots or operating timings
for summer 2024. The FAA may validate information against published
schedule data prior to the 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 since the
[[Page 64795]]
previous corresponding scheduling season are not eligible for relief.
4. Slots authorized at DCA by Department of Transportation or FAA
exemptions are not eligible for relief.
Issued in Washington, DC, on September 15, 2023.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-20416 Filed 9-18-23; 4:15 pm]
BILLING CODE 4910-13-P
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