Construction Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, and LaGuardia Airport, and Newark Liberty International Airport, March 31, 2024, Through October 26, 2024

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Published

January 25, 2024

Effective

January 22, 2024

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 2024 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 89 Issue 17 (Thursday, January 25, 2024)</title>
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[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Rules and Regulations]
[Pages 4802-4804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01524]

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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, March 31, 2024, Through October 26, 2024

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 to runway construction and closures at the airport in
2024 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 January 22, 2024, and apply from March 31, 2024, through October 26,
2024.

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#291e04485e48045a45465d484d444047694f4848074e465f"><span class="__cf_email__" data-cfemail="fec9d39f899fd38d92918a9f9a939790be989f9fd0999188">[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 202-267-2822; email <a href="/cdn-cgi/l/email-protection#11707d3f7c74787d6462517770703f767e67"><span class="__cf_email__" data-cfemail="80e1ecaeede5e9ecf5f3c0e6e1e1aee7eff6">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

The Metropolitan Washington Airports Authority (MWAA) plans
airfield and runway construction at DCA beginning in April 2024 through
October 2024. The main Runway 1-19 will be closed nightly from
approximately April 15, 2024, through August 5, 2024,\1\ from 11 p.m.
to 5:59 a.m. Eastern Time on weekdays and

[[Page 4803]]

potentially on weekends depending on the construction project's
progress. Runway 15-33 will have nightly closures \2\ from
approximately May 28, 2024, through June 14, 2024, from 10:30 p.m. to
5:29 a.m. Eastern Time, including the intersection with Runway 1-19.
For the final phases 6 and 7 of DCA construction, Runway 15-33 will
have nightly closures from approximately August 6, 2024, through
October 12, 2024, from 8 p.m. to 5:59 a.m. Eastern Time. Associated
taxiways will also be rehabilitated during the project.
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\1\ Phase 4: RWY 1/19 closure--April 15, thru May 14, 2024
(2300-0600L). Phase 5: RWY 1/19 closure--May 15 thru Aug 5, 2024
(2300-0600L).
\2\ Phase 5: RWY 15/33 is closed (0000-0530L Sun-Fri & 2230-
0530L Sat) 5/28-6/14/24 [Intersection surface course].
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The FAA limits the number of arrivals and departures at DCA through
the implementation of the High Density Rule (HDR).\3\ The HDR hourly
limits at DCA are 37 air carrier slots, 11 commuter slots, and 12
reservations available for other operations.\4\ 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 flights or other regularly conducted commercial operations.
The FAA limits the number of arrivals and departures at JFK and LGA by
FAA Order.\5\
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\3\ 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.
\4\ 14 CFR 93.123.
\5\ 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.\6\ At DCA and LGA, the FAA will recall any slot
not used at least 80 percent of the time over a two-month period.\7\ At
JFK, usage is calculated seasonally, slots not meeting the minimum
usage requirement will not receive historic status for the following
equivalent scheduling season.\8\ 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.\9\
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\6\ 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).
\7\ Operating Limitations at New York LaGuardia Airport, 87 FR
65159 at 65160 (Oct. 28, 2022); 14 CFR 93.227(a).
\8\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 at 65162 (Oct. 28, 2022).
\9\ 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 December 22, 2023, Airlines for America (A4A) filed a petition
on behalf of member and associate member airlines \10\ 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.''
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\10\ A4A's members are Alaska Airlines, Inc.; American Airlines
Group, Inc.; Atlas Air, Inc.; Delta Air Lines, Inc.; FedEx Corp.;
Hawaiian Airlines; JetBlue Airways Corp.; Southwest Airlines Co.;
United Airlines Holdings, Inc.; and United Parcel Service Co. Air
Canada is an associate member.
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A4A indicates ``the nighttime closing of the main runway 1-19,
which will significantly impact carriers that hold slots in the 2300
hour by forcing them to utilize runway 15-33 or not operate at all
during those times.'' A4A notes that ``for many carriers, the option to
use runway 15-33 will have a significant negative impact because some
aircraft such as the 737-900/ER/MAX are unable to use that runway'' 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 slot
pairs affected by the closures, 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.''

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.
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

[[Page 4804]]

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 March 31, 2024, through October 26,
2024. This provides some time before and after the currently planned
runway closure dates to accommodate potential changes to the
construction schedule and provides 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#1d2a307c6a7c306e7172697c797074735d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="2f18024e584e025c43405b4e4b4246416f494e4e01484059">[email&#160;protected]</span></a>.
2. Slots newly allocated after December 15, 2023, for initial use
before October 26, 2024, 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, on January 22, 2024.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2024-01524 Filed 1-23-24; 11:15 am]
BILLING CODE 4910-13-P

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