Notice2024-12690
Staffing-Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, October 27, 2024, Through March 29, 2025 (Winter 2024/2025) and March 30, 2025, Through October 25, 2025 (Summer 2025)
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
June 11, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action extends the Staffing-Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, published on September 20, 2023, from October 27, 2024, through March 29, 2025 (Winter 2024/2025) and March 30, 2025, through October 25, 2025 (Summer 2025). The limited waiver remains effective until October 25, 2025, and does not apply to any slots granted by the Department of Transportation pursuant to section 505 of the FAA Reauthorization Act of 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 113 (Tuesday, June 11, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49256-49259]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12690]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Staffing-Related Relief Concerning Operations at Ronald Reagan
Washington National Airport, John F. Kennedy International Airport,
LaGuardia Airport, and Newark Liberty International Airport, October
27, 2024, Through March 29, 2025 (Winter 2024/2025) and March 30, 2025,
Through October 25, 2025 (Summer 2025)
AGENCY: Department of Transportation, Federal Aviation Administration
(FAA).
ACTION: Extension to limited waiver of the slot usage requirement.
-----------------------------------------------------------------------
SUMMARY: This action extends the Staffing-Related Relief Concerning
Operations at Ronald Reagan Washington National Airport, John F.
Kennedy International Airport, LaGuardia Airport, and Newark Liberty
International Airport, published on September 20, 2023, from October
27, 2024, through March 29, 2025 (Winter 2024/2025) and March 30, 2025,
through October 25, 2025 (Summer 2025). The limited waiver remains
effective until October 25, 2025, and does not apply to any slots
granted by the Department of Transportation pursuant to section 505 of
the FAA Reauthorization Act of 2024.
DATES: This action is applicable 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#dbecf6baacbaf6a8b7b4afbabfb6b2b59bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="3502185442541846595a415451585c5b755354541b525a43">[email protected]</span></a>.
FOR FURTHER INFORMATION 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#e48588ca89818d889197a4828585ca838b92"><span class="__cf_email__" data-cfemail="a2c3ce8ccfc7cbced7d1e2c4c3c38cc5cdd4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The New York Terminal Radar Approach Control facility (N90)
currently provides Air Traffic Control (ATC) services to overhead
flights in the Northeast corridor and to the New York City area
airports, including John F. Kennedy International Airport (JFK),
LaGuardia Airport (LGA), and Newark Liberty International Airport
(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 continues to face staffing shortfalls
that are impacting ATC's ability to efficiently manage the volume of
air traffic in this congested airspace despite best efforts to resolve
staffing shortfalls.
The FAA has made significant changes to increase N90 staffing
through a combination of incentive and training programs, as well as by
relocating control of the EWR area from N90 to the Philadelphia
Terminal Radar Approach Control (PHL) beginning in late July of this
year to relieve N90 staffing pressures. The FAA has determined N90 will
need to reach at least 70% of its targeted number of onboard Certified
Professional Controllers (CPCs) before ATC can efficiently manage the
full capacity of the New York airspace that was in place prior to May
15, 2023. The operational impact of changes to address N90 staffing
shortages will not be realized immediately but do chart a path to
mitigating the impact in the next 18-24 months.
The targeted staffing number at N90 is 226 CPCs; the current CPC
onboard number at N90 is 135 (59.7% staffed). CPCs at N90 presently are
divided between five different areas: EWR, Long Island MacArthur
Airport (ISP), JFK, LGA and the Liberty area. The N90 EWR area
currently has 33 CPCs; 24 of the 33 EWR area CPCs will be transferred
to PHL in July, the remaining 9 EWR CPCs will be reassigned to the
other remaining areas in N90. Transferring control of the EWR area to
PHL and adding 9 CPCs to the remaining N90 areas will result in an
estimated staffing level of 68% of the targeted number of onboard CPCs
at the areas remaining in N90 by the end of 2025. Control of EWR area
will remain at PHL; however, of the 24 CPCs transferred to PHL, 18 are
planned to return to N90 at the end of July 2026 and will be
redistributed to the remaining N90 areas. The FAA estimates that the
collective redistribution of 27 former EWR CPCs to the other areas of
N90, along with the removal of EWR area servicing responsibilities,
should result in N90 exceeding the 70% mark by the conclusion of 2026.
At PHL, actions are currently underway to start CPC trainees to service
the EWR area and replace the 18 EWR area CPCs that will return to N90
at the end of July 2026. Unlike N90, there is a robust pipeline of
experienced controllers interested in transferring to PHL. This
pipeline of personnel will allow the FAA to build up CPC staffing for
the EWR area at PHL more quickly than has been experienced at N90.
Regardless, the FAA will continue to invest in staffing at N90 to meet
anticipated future needs.
With ever-growing demand for air travel in the New York City
region, additional measures are necessary to ensure the FAA is able to
provide expeditious services to aircraft operators and their passengers
that traverse this airspace. Early discussions with carriers indicate
an interest in increasing operations after October 27, 2024, through
most of the Winter 2024/2025 scheduling season and for all of the
Summer 2025 scheduling season. This being the case, the FAA expects
increased delays and cancellations in the New York region to exceed
those experienced over Summer 2022 and Winter 2022/2023 \1\ if a waiver
similar to
[[Page 49257]]
the one that has been in effect for the Summer 2023, Winter 2023/2024,
and Summer 2024 season is not in place for the Winter 2024/2025 and
Summer 2025 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.
---------------------------------------------------------------------------
\1\ Refer to ``Analysis'' section for delay analysis.
---------------------------------------------------------------------------
Summary of Petitions Received
On April 3, 2024, Airlines for America (A4A) submitted a petition
of behalf of its member carriers \2\ requesting an extension of the
current relief provided by FAA due to post-pandemic effects on ATC
staffing at N90 through the end of the Summer 2025 season. A4A asserts
that the current slot waiver successfully created a better travel
experience for consumers and that the underlying conditions creating
the need for a waiver still exist as staffing shortages persist. In
addition, A4A requests that FAA restore carriers' ability to request
retroactive relief if the impacts of controller staffing shortages are
even more severe than anticipated and that the FAA not reallocate
returned slots for ad-hoc use during the waiver period. Finally, A4A
requests that FAA make a timely decision regarding relief as time is
needed to give carriers stability and the ability to plan.
---------------------------------------------------------------------------
\2\ A4A members are Alaska Air Group, Inc.; American Airlines
Group, Inc.; Atlas Air Worldwide Holdings, 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. Alaska
Airlines did not join in the submission of A4A's letter.
---------------------------------------------------------------------------
On April 5, 2024, the International Air Transport Association
(IATA) submitted a petition on behalf of its member carriers \3\ in
support of A4A's request for an extension of the current slot relief
through the end of the Summer 2025 season and other relief to protect
the traveling public from operational disruptions. IATA asserts that
the current relief allowed for careful planning by airlines and
resulted in a notably better travel experience for consumers. IATA
requests that FAA grant this relief by May 1, 2024, so that carriers
can make the complex aircraft and human capital decisions necessary to
serve the flying public.
---------------------------------------------------------------------------
\3\ IATA is the trade association of the world's airlines,
comprising some 320 member airlines in more than 120 countries and
representing approximately 83 percent of the world's total air
traffic.
---------------------------------------------------------------------------
On April 19, 2024, the Airports Council International of North
America (ACI-NA) submitted a petition on behalf of its member airports
\4\ opposing A4A's request for an extension of the current slot relief.
ACI-NA asserts that there is no proven correlation between the slot
relief and ATC capacity shortage and that slot usage waivers in general
only serve to protect market access for incumbents. It seeks
information surrounding and supporting the decision to grant slot
relief for impacted New York airports and requests the FAA to provide
an opportunity to the public to comment on A4A's request for relief.
---------------------------------------------------------------------------
\4\ ACI-NA is an organization representing local, regional, and
state governing bodies that own and operate more than 300 airports
operating in the United States; and nearly 400 aviation-related
businesses. The ACI-NA Slot Task Force comprises all Level 2 and
Level 3 airports in the United States.
---------------------------------------------------------------------------
Standard
At JFK and LGA, slot-holding carriers must use each assigned slot
at least 80 percent of the time.\5\ 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.\6\
---------------------------------------------------------------------------
\5\ Operating Limitations at John F. Kennedy International
Airport, 89 FR 41486 (May 13, 2024); Operating Limitations at New
York LaGuardia Airport, 89 FR 41484 (May 13, 2024).
\6\ 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, 89 FR at 41488. 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, 89 FR at
41485.
---------------------------------------------------------------------------
At Ronald Reagan Washington National Airport (DCA), the FAA also
will recall any slot not used at least 80 percent of the time over a
two-month period.\7\ 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.\8\
---------------------------------------------------------------------------
\7\ See 14 CFR 93.227(a).
\8\ See 14 CFR 93.227(j).
---------------------------------------------------------------------------
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 their own risk if they make scheduling decisions in
anticipation of the FAA granting a slot usage waiver.
Analysis
The number of certified controllers at N90 is still not sufficient
to allow the FAA to handle normal traffic levels. The FAA has worked
with NATCA on a long-term solution to solve thechronic low levels of
fully certified air traffic controllers at that facility through a
combination of incentive and training programs, as well as relocating
control of the EWR area to PHL. The FAA will continue to partner with
NATCA as it continues efforts to remediate ATC staffing shortages at
N90.
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
2024/2025 and Summer 2025 scheduling seasons. Absent increased
flexibility, the FAA anticipates a high likelihood of congestion,
delay, and cancellations 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 expected
numbers of scheduled operations for the Winter 2024/2025 and Summer
2025 scheduling seasons present a highly unusual and unpredictable
condition beyond the control of carriers that will impact operations
through the entire Winter 2024/2025 and Summer 2025 scheduling seasons.
Using the Annual Service Volume (ASV) model,\9\ the FAA projected
the delay the NYC airports would experience in the absence of a waiver
for Summer 2024.\10\ Using Summer
[[Page 49258]]
2022 data \11\ as baseline comparison, the FAA estimates Summer 2024
would experience increased operations by 8.8% to 11%,\12\ which would
result in 2.3 to 2.8 million minutes of additional delay, or 53% to 65%
additional delay, compared to the delay experienced in Summer 2022. At
a minimum, the FAA expects these delay numbers to remain valid through
Summer 2025.
---------------------------------------------------------------------------
\9\ FAA-developed modeling suite of tools for conducting
operational impact analysis for airports and to establish the annual
service volume for airports. ASV simulations relate total annual
operations to a target delay value and are used by FAA in reports to
Congress that identify the airports projected to constrain the NAS.
See <a href="https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/perf_analysis/sim_tools">https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/perf_analysis/sim_tools</a>.
\10\ The FAA projected a Summer 2024 scenario because the FAA
has already received the air carrier schedules for the Summer 2024
scheduling season, and demand is not likely to decrease in 2025.
\11\ Summer 2022 data is used as baseline for comparison because
this was the last summer scheduling season unaffected by the ATC
waivers.
\12\ Under the current waiver, carriers returned 9% of their
initially submitted schedules. Compared to Summer 2023, scheduled
operations in Summer 2024 increased by 2%. If the FAA assumes an 80%
actual usage rate, that results in 8.8% (that is, ((0.09 + 0.02) x
0.8 = 0.088) increase of actual operations. If the FAA assumes 100%
actual usage rate, then that would be an 11% (0.09 + 0.02) increase.
---------------------------------------------------------------------------
Therefore, a waiver of minimum slot usage requirements at JFK and
LGA, and a similar policy of prioritizing returned operations at EWR,
through October 25, 2025, is necessary to allow carriers to reduce
operations to enable scheduling and operational stability for the
benefit of the flying public.
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, except that the limited waiver of the minimum slot usage
requirements is not available for any slots granted by the DOT pursuant
to section 505 of the FAA Reauthorization Act of 2024 (Pub. L. 118-63)
Carriers have the ability to request retroactive relief; however,
they should be aware that the N90 staffing shortfalls will not likely
form a sufficient basis for further relief going forward in the Winter
2024/2025 and Summer 2025 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 2024/2025 and Summer 2025 scheduling
season will likely 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. Despite staffing projections
indicating N90 will not reach 70% of the targeted staffing level until
the conclusion of 2026, the FAA is taking a measured approach and
providing relief in this waiver notice only until the end of the Summer
2025 scheduling season. The FAA will re-evaluate the staffing levels at
N90 and the impact to operations in the New York City area before
deciding if a waiver beyond the Summer 2025 scheduling season is
necessary. Carriers seeking to return their slots and approved
operating timings must do so by August 15, 2024, for the Winter 2024/
2025 scheduling season (October 27, 2024, through March 29, 2025); and
by January 15, 2025, for the Summer 2025 scheduling season (March 30,
2025, through October 25, 2025) 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. The FAA will
closely coordinate with the Department of Transportation, which will be
monitoring for indications of unfair, deceptive, or anticompetitive
practices or other unlawful economic activity associated with or
resulting from the relief granted by this notice. In addition, the FAA
expects 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 total 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 27, 2024, through March 29, 2025 (Winter 2024/2025) and March
30, 2025, through October 25, 2025 (Summer 2025).
The relief is subject to the following conditions:
1. The specific slots and approved operating timings must be
returned to the FAA by August 15, 2024, for the Winter 2024/2025
scheduling season; and by January 15, 2025, for the Summer 2025
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 2024/2025, or approved slots or operating timings
for Summer 2025. 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 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.
5. Carriers must not engage in unfair, deceptive, or
anticompetitive practices regarding their slot usage, leasing
agreements, or operations associated with the relief provided by this
notice.
[[Page 49259]]
Issued in Washington, DC, on June 5, 2024.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2024-12690 Filed 6-10-24; 8:45 am]
BILLING CODE 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 June 11, 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.