Notice2024-10297
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
May 13, 2024
Effective
October 27, 2024
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 October 28, 2022. The Order remains effective until October 24, 2026.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 93 (Monday, May 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41486-41489]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10297]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Operating Limitations at John F. Kennedy International Airport
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Extension to order.
-----------------------------------------------------------------------
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 October 28, 2022. The Order remains effective
until October 24, 2026.
DATES: This action is effective on October 27, 2024.
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#a6918bc7d1c78bd5cac9d2c7c2cbcfc8e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="62554f0315034f110e0d1603060f0b0c220403034c050d14">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Al Meilus, Capacity Analysis and Slot
Administration, 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#51303d7f3c34383d2422113730307f363e27"><span class="__cf_email__" data-cfemail="c1a0adefaca4a8adb4b281a7a0a0efa6aeb7">[email protected]</span></a>.
[[Page 41487]]
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, Capacity Analysis and Slot Administration
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
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, September 18, 2020, and on October
28, 2022.\5\
---------------------------------------------------------------------------
\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; 85 FR 58258; and 87 FR 65161.
---------------------------------------------------------------------------
Under this Order, as amended, the FAA (1) maintains the current
hourly limits of 81 scheduled operations at JFK 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.
---------------------------------------------------------------------------
\6\ Also referred to herein as ``slots.''
---------------------------------------------------------------------------
The reasons for retaining the Order have not changed appreciably
since its initial issuance. Despite the dynamic demand during the 2022-
2024 period, 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 Winter 2023/2024 scheduling season, the
allocated slots in the busiest hours were generally at the limits under
this Order. For the Summer 2024 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. 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).
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\
---------------------------------------------------------------------------
\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>.
---------------------------------------------------------------------------
Accordingly, the FAA is extending the expiration date of this Order
until October 24, 2026. This expiration date coincides with the
extended expiration date for the Order limiting operations at LGA, as
also published elsewhere in the Federal Register.
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 continues to study and analyze
airport runway configurations, capacity, 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 2024/2025
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\
---------------------------------------------------------------------------
\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>.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
[[Page 41488]]
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 24, 2026.
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.
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, email <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="2d1a006c7a6c007e4142594c494044436d4b4c4c034a425b">[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, email 7-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="cd8c9a8ce09ea1a2b9aca9a0a4a38dabacace3aaa2bb">[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
[[Page 41489]]
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 May 7, 2024.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2024-10297 Filed 5-10-24; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.