Notice2025-18871
Operating Limitations at Newark Liberty 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
September 29, 2025
Effective
October 26, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is amending the June 10, 2025, order limiting the number of scheduled aircraft operations at Newark Liberty International Airport (EWR). The amendment extends the June 2025 order by approximately one year, or two IATA scheduling seasons, through October 24, 2026. Further, the amendment increases the operating limitation from 68 to 72 hourly operations.
Full Text
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<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
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[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Notices]
[Pages 46730-46735]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18871]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Operating Limitations at Newark Liberty International Airport
AGENCY: Department of Transportation, Federal Aviation Administration
(FAA).
ACTION: Notice of Order Extending and Modifying Scheduling Limits at
Newark Liberty International Airport.
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SUMMARY: The FAA is amending the June 10, 2025, order limiting the
number of scheduled aircraft operations at Newark Liberty International
Airport (EWR). The amendment extends the June 2025 order by
approximately one year, or two IATA scheduling seasons, through October
24, 2026. Further, the amendment increases the operating limitation
from 68 to 72 hourly operations.
DATES: This action is effective October 26, 2025.
ADDRESSES: If you wish to review the background documents or comments
received in this proceeding, you may go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>
at any time and follow the online instructions for accessing the
electronic docket. You may also go to the U.S. Department of
Transportation's Docket Operations in Room W12-140 on the ground floor
of the West Building at 1200 New Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
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#dcebf1bdabbdf1afb0b3a8bdb8b1b5b29cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="0433296573652977686b706560696d6a446265652a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
On June 10, 2025, the FAA issued a final order limiting operations
at EWR (the June 2025 order).\1\ The June 2025 order is scheduled to
expire on December 31, 2025. On August 12, 2025, the FAA published a
notice that invited comments on its proposal to extend the June 2025
order.\2\ For the reasons described in the notice, the staffing levels
at EWR have not materially changed since the FAA hosted delay reduction
meetings earlier this year from May 14, 2025, to May 16, 2025. The FAA
finds that significant delay and operational disruption would occur at
EWR if the June 2025 order were to expire as originally scheduled. As
such, the FAA proposed to extend the June 2025 order for approximately
one year.
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\1\ See Operating Limitations at Newark Liberty International
Airport, Order Establishing Targeted Scheduling Limits, 90 FR 24482
(June 10, 2025).
\2\ See Operating Limitations at Newark Liberty International
Airport, Notice of Request for Comment. 90 FR 38881 (August 12,
2025).
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Now, the FAA issues this one-year extension of the June 2025 order
to address staffing shortfalls and provide additional time for
controller onboarding and training. The FAA received written
submissions on the proposal from ten commenters. The commenters include
eight scheduled carriers, the airport operator, and an anonymous
commenter.
II. Background
The U.S. Government has exclusive sovereignty over the airspace of
the United States.\3\ Under this broad authority, Congress has
delegated to the Administrator extensive and plenary authority to
ensure the safety of aircraft and the efficient use of the nation's
navigable airspace. In this regard, the Administrator is required to
assign the use of navigable airspace by regulation or order under such
terms, conditions and limitations as he may deem necessary to ensure
its efficient use.\4\ The Administrator may modify or revoke an
assignment when required in the public interest.\5\ Furthermore, in
carrying out the Administrator's safety responsibilities under the
statute, the Administrator must consider controlling the use of the
navigable airspace and regulating civil operations in that airspace in
the interest of the safety and efficiency of those operations.\6\
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\3\ 49 U.S.C. 40103.
\4\ 49 U.S.C. 40103(b)(1), as previously codified in 49 U.S.C.
App. 307(a). Title 49 was recodified by Public Law 103-222, 108
Stat. 745 (1994). The textual revisions were not intended to result
in substantive changes to the law. The recodification stated that
the words in 307(a) ``under such terms, conditions, and limitations
as he may deem'' were omitted as surplus. H. Rpt. 103-180 (103d
Cong., 1st Sess. 1993) at 262.
\5\ Id.
\6\ 49 U.S.C. 40101(d)(4).
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The FAA's statutory authority to manage ``the efficient use of
airspace'' encompasses its management of the nationwide system of air
commerce and air traffic control. Ensuring the efficient use of the
airspace means that the FAA must take all necessary steps to prevent
extreme congestion at an airport from disrupting or adversely affecting
the overall air traffic system for which the FAA is responsible.
Further, delays at EWR frustrate the efficient operations of air
carriers transporting passengers to and from this important region. The
impacts of delays at EWR spread throughout the national airspace system
(NAS), resulting in substantial economic loss and inconvenience for the
traveling public, air carriers, shippers, and others.
EWR Level 2 Designation
On April 6, 2016, the FAA designated EWR as a Level 2 schedule-
facilitated airport under the International Air Transportation
Association (IATA) Worldwide Slot Guidelines (WSG), effective October
30, 2016.\7\
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\7\ 81 FR 19861 (April 6, 2016).
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The FAA does not allocate slots or impose minimum usage
requirements at EWR. Level 2 schedule facilitation depends upon close
and continuous discussions and voluntary agreement between carriers and
the FAA to reduce congestion. At Level 2 airports, the FAA 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. Only those flights that were actually
operated
[[Page 46731]]
as approved in a scheduling season generally receive priority for the
next corresponding scheduling season. However, the FAA notes that the
usual Level 2 processes include flexibility for the facilitator to
prioritize planned flights that are canceled in advance or on the day
of the scheduled operation due to operational impacts beyond the
control of the carrier.
Although the FAA redesignated EWR from a Level 3 to Level 2 airport
in 2016, the FAA has continuously monitored the airport's performance
due to its prominence in the NAS and impact on the system overall. As
such, the FAA implemented targeted scheduling limits at EWR in an
effort to minimize delay and congestion. The current nominal targeted
scheduling limit for EWR is 77 operations per hour.\8\ The FAA has
implemented a number of mitigations to address delays at the airport
due to staffing challenges and runway construction.
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\8\ 89 FR 43501 (May 17, 2024).
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Staffing-Related Relief at EWR
On March 27, 2023, the FAA announced a limited policy for
prioritizing up to ten percent of a carrier's operations at EWR, if
returned due to post-pandemic effects on ATC staffing at New York
Terminal Radar Approach Control (TRACON) (N90), for purposes of
establishing a carrier's operational baseline in the next corresponding
season.\9\ The FAA determined that the interdependency and complexity
of the airspace, number of flights into the New York City region, and
N90 staffing shortfalls met the applicable waiver standard for the
N90's Level 3 airports and justified an offer of relief for carriers at
EWR. The FAA extended this relief through the close of the Summer 2025
Scheduling Season.\10\ This relief is part of a continuous effort to
manage traffic at EWR safely and efficiently while staffing levels
improve.
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\9\ 88 FR 18032 (March 27, 2023).
\10\ 90 FR 12931 (March 19, 2024).
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EWR Construction
On November 20, 2024, the FAA announced a limited, conditional
policy for prioritizing returned operations at EWR due to a
construction-related runway closure at EWR for purposes of establishing
a carrier's operational baseline in the next corresponding scheduling
seasons.\11\ Runway 4L-22R was scheduled to be closed daily from April
15, 2025, through June 15, 2025.\12\ Weekend closures of Runway 4L-22R
were scheduled from March 1, 2025, to April 14, 2025, and will resume
September 1, 2025, to December 31, 2025, from Friday at 11:00 p.m.
through 5:00 a.m. on Sunday, Eastern Time. These two time periods are
referred to as ``the construction period'' throughout.
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\11\ 89 FR 91544 (November 20, 2024).
\12\ On June 2, 2025, Secretary of Transportation Sean Duffy,
Acting FAA Administrator Christopher Rocheleau, and the Port
Authority of New York and New Jersey announced that Runway 4L-22R
reopened 13 days ahead of schedule, allowing regular runway
operations to resume for Instrument Flight Rules operations once the
FAA conducts the necessary check flights. See <a href="https://www.panynj.gov/port-authority/en/press-room/press-release-archives/2025-press-releases/governor-murphy-and-the-port-authority-of-new-york-and-new-jerse.html">https://www.panynj.gov/port-authority/en/press-room/press-release-archives/2025-press-releases/governor-murphy-and-the-port-authority-of-new-york-and-new-jerse.html</a>.
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The FAA worked with carriers prior to issuing the policy to address
the impact this runway closure has on scheduled operations for the
Summer 2025 and Winter 2025/2026 scheduling seasons. The FAA requested
that carriers reduce operations from April 15, 2025, through June 15,
2025, to no more than 35 arrivals per hour from 6:00 a.m. to 2:00 p.m.,
Eastern Time and no more than 31 arrivals per hour from 3:00 p.m. to
the end of the day, Eastern Time. The FAA also requested that carriers
reduce operations to no more than 35 departures per hour through 4:00
p.m., Eastern Time, and no more than 31 departures per hour from 5:00
p.m. through the end of the day, Eastern Time. The FAA stated that no
new requested timings would be approved during the runway closure
period.
Air Traffic Controller Staffing Status
In July 2024, the FAA transferred ATC oversight for the Newark
area, known as Area C, to the Philadelphia TRACON (PHL). Presently,
PHL's targeted staffing number remains 114 Certified Professional
Controllers (CPCs); the current onboard number at PHL is 82,
representing 71.9 percent of the staffing target. Within PHL, Area C's
targeted staffing number is 46 CPCs, with its current staff of 22 CPCs
representing 48 percent of the staffing target. Under an arrangement by
the previous administration, by the end of July 2026, 14 CPCs currently
assigned to Area C will return to the New York Terminal Radar Approach
Control facility (N90), which had overseen the Newark area. ATO is
taking action to replace those 14 CPCs. PHL now has a total of 31
trainees, with 26 assigned to Area C.
Delay Reduction Meeting
The FAA, on behalf of the Department of Transportation (DOT),
convened a delay reduction meeting with U.S. air carrier participants
with a minimum of 10 scheduled arrivals at EWR and representatives from
PANYNJ on May 14, 2025, and the meeting continued until its recess on
May 16, 2025. The FAA held individual sessions over the three days with
seven air carriers and PANYNJ. In these sessions, the FAA and carriers
discussed voluntary modifications to schedules during the construction
period and through the rest of the Summer 2025 scheduling season.
Representatives of the Department of Justice's Antitrust Division and
the DOT monitored the joint and individual meeting sessions of the
delay reduction meeting. In addition, the in-person sessions were
transcribed.
Order Establishing Targeted Scheduling Limits
The June 2025 order resulted from the schedule reductions achieved
by the delay reduction meetings. The June 2025 order reduced hourly
operations through the end of the Summer 2025 scheduling season,
October 25, 2025, and Saturdays from September 1, 2025, to December 31,
2025. This order took effect on June 10, 2025, and without the
extension provided here, would have expired in part on October 25,
2025, and in full on December 31, 2025. The FAA established the order's
December 31, 2025, expiration date to encompass the remainder of the
Summer 2025 scheduling season and the completion of runway construction
planned for EWR's Runway 4L-22R.
The June 2025 order limited operations at two separate rates
depending on the date of the operation. During the construction period,
the targeted limit is no more than 28 arrivals and 28 departures per
hour. Outside of the construction period, until the close of the Summer
2025 scheduling season, October 25, 2025, the limit is no more than 34
arrivals and 34 departures per hour.
Notice of Request for Comment on Proposed Order Extension and Rate
Increase
On August 12, 2025, the FAA published a Notice of Request for
comment.\13\ The FAA announced a proposed extension of the June 2025
order for approximately one year, through October 24, 2026, and an
increase in the daily operating limitations outside of the construction
period. The FAA asked carriers operating at EWR to consider three
allocation options to achieve a rate of 72 hourly operations, with 36
arrivals and departures respectively, up from the 68 hourly operations
established by the
[[Page 46732]]
June 2025 order. Option One was based on proportionality to the number
of operations given up by each air carrier in the summer schedule to
distribute the incremental operations for the Winter 2025/2026 season.
Under this scenario, the FAA would apply equivalent reductions agreed
upon in the Summer 2025 season to the approved Winter 2025/2026
baseline schedule to the extent practicable and then proportionately
allocate the four new operations per hour up to the new 72 operations
per hour cap, based on air carriers' prior reductions.
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\13\ Operating Limitations at Newark Liberty International
Airport, Request for Comment, 90 FR 38881 (August 12, 2025).
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Option Two included a reverse weighted lottery to withdraw
operations, using the approved Winter 2025/2026 baseline schedule with
the objective of achieving an operational capacity of 72 operations per
hour for the Winter 2025/2026 schedule. For the Summer 2026 schedule,
the FAA would use the Summer 2025 schedule under the June order as the
baseline and a weighted lottery to allocate the additional four
operations per hour. The FAA asked for comments from carriers on how to
structure such a lottery, including what baseline schedule should be
used.
The final Option Three included convening a new round of delay
reduction meetings pursuant to 49 U.S.C. 41722 to negotiate reductions.
The FAA proposed either starting negotiations from the approved Winter
2025/2026 baseline schedule or rolling over the agreed-upon hourly
reductions from the Summer 2025 season to the Winter 2025/2026 approved
baseline schedule and utilizing the delay reduction meeting to reverse
some of the negotiated reductions to achieve the new 72 operations per
hour target.
III. Comments Regarding Allocation Method and Long-Term Options for EWR
By the close of the public comment period on August 15, 2025, the
FAA received ten comments on the proposed extension and amendment to
the order as well as the allocation methods. Commenters included United
Airlines (United), Delta Air Lines (Delta), DHL, Alaska Airlines
(Alaska), Air Canada, the Port Authority of New York and New Jersey
(PANYNJ), Volaris Airlines, El Al Israel Airlines, Air Premia and one
anonymous commenter. The comments generally indicated support for
extending the operating limitations as a means to address congestion at
EWR. Commenters requested transparency from the FAA irrespective of
what allocation method is used to achieve the rate of 72 hourly
operations.
United commended the Department for acknowledging and attempting to
remediate the adverse effects of EWR controller staffing shortages, ATC
relocation, and outdated and unreliable technology. United further
pledged to work with the FAA and industry to improve operations and
efficiency at EWR. United asked the FAA to consider limiting operations
by 30-minute intervals instead of 60-minute intervals. United contends
that this would make operations at EWR more precise, predictable, and
efficient.
United also encouraged the FAA to publish the approved movements by
carrier for the order to provide transparency to the reduction process.
The airline further called on the FAA to retain the enforcement
provisions found in the June 2025 order to prevent the backfilling of
returned operations by other carriers, thereby eliminating reduction
efforts.
Additionally, United suggested that the FAA consider setting
operations for Summer 2026 at the targeted scheduling rate under normal
conditions, 77 hourly operations, and establish criteria or improvement
checkpoints that would allow for the FAA to increase the limit from 72
to 77 hourly operations by the start of Summer 2026. United also
requested that the FAA re-include EWR under the Staffing-Related Relief
waiver recently extended at JFK and LGA.\14\
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\14\ See Staffing-Related Relief Concerning Operations at Ronald
Reagan Washington National Airport, John F. Kennedy International
Airport, and LaGuardia Airport, October 26, 2025, Through March 28,
2026 (Winter 2025/2026), and March 29, 2026, Through October 24,
2026 (Summer 2026), 90 FR 35360 (July 25, 2025).
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With respect to the allocation method for the order extension,
United supports the proportionality method proposed by the FAA. United
believes this to be the simplest and fairest method and recognizes good
citizenship on the part of the carriers who participated in the delay
reduction meetings in May. According to United, the schedule from
Summer 2025 can easily be used as a reduced baseline for the Summer
2026 allocation as it reflects approved operations after the delay
reduction meetings. To that end, United requested that the FAA publish
the final approvals for Summer 2025, by carrier, by hour. Since the
Winter 2025/2026 baseline is not finalized, United recommends using the
schedules submitted by air carriers in early May 2025 and approved by
the FAA by the Seasonal Allocation Deadline in June 2025. United
suggests that the FAA could then work with carriers, including cargo
and foreign air carriers, one-on-one to identify the operational
adjustments needed per carrier. United contends that the weighted
lottery option is ``needlessly complicated'' and that another round of
delay reduction meetings is overly burdensome and could undermine the
progress made during the May sessions.
Lastly, United reiterated their support for transitioning EWR from
a Level 2 to a Level 3 airport. United believes that this will improve
the passenger experience at EWR through long-term, comprehensive,
predictable, and transparent slot controls with equitable rules across
EWR and JFK.
In light of the comments filed, the FAA has determined that it will
extend a voluntary offer of up to ten percent relief at EWR through the
end of Summer 2026 in addition to extending these operating
limitations. The FAA welcomes voluntary returns by carriers beyond this
effort to further the goal of efficiency and on-time performance at the
airport. The terms of this relief are expanded upon in Section X of
this document. Consistent with both the Level 2 schedule facilitation
process and the delay reduction proceedings earlier this year, the FAA
notified carriers individually of their approved movements.
Consideration of a return to Level 3 slot controls at EWR is beyond
the scope of this final Order.
The FAA has determined that operating limitations by 30-minute
intervals provides an appropriate level of detail to identify and
assign schedule reduction targets to specific carriers.
Delta also supports the FAA's decision to extend the order through
October 24, 2026, and amend the operating limitations to 72 hourly
operations from 68 hourly operations currently established. Delta is
not in favor of a weighted lottery and instead supports a proportional
return of approved runway authorizations voluntarily relinquished as
part of the June 2025 order. Delta also supports publication of the
approved timings upon the finalization of the order.
The FAA acknowledges Delta's comments and participation in this
process to establish new temporary scheduling limits. As discussed, FAA
notified carriers individually of their approved movements, consistent
with both the Level 2 schedule facilitation process and the delay
reduction proceedings earlier this year.
Alaska also supports an increase in the number of hourly operations
at EWR moving forward. Alaska expressed a preference for another round
of delay reduction meetings on the basis of the statutory framework
established by 49 U.S.C. 41722 and the collaborative nature of the
proceedings. Additionally,
[[Page 46733]]
Alaska indicated that the May delay reduction meetings allowed for an
opportunity to provide the Department with insight into the nature of
their operations at EWR and the impact certain reductions would have on
their network. Alaska highlighted that their operations at EWR are
long-haul, transcontinental round trips to West Coast markets that are
constrained by the three-hour time difference between coasts. From a
competition and market access perspective, Alaska stated that it
provides an alternative option to larger U.S. carriers for customers
purchasing transcontinental flights.
Upon consideration of all of the comments and available options,
the FAA has determined that moving forward with a proportional
reduction based on the reductions received during the delay reduction
proceedings is the appropriate path forward at this time.
PANYNJ stated that it remains committed to partnering with the FAA
in returning to full operational capacity. PANYNJ detailed the
circumstances leading up to the FAA calling a delay reduction meeting
and the subsequent telecommunications improvements made to ensure
reliability and redundancy. Additionally, PANYNJ asked for more
information from the FAA on the staffing pipeline for Area C. PANYNJ
also outlined the improvements undertaken at EWR to enhance the
airfield and improve efficiency throughout the airport's facilities. As
such, PANYNJ emphasizes that capacity reductions hinder the ability of
PANYNJ to maximize the utilization of the improvements made at EWR.
With respect to the allocation method, PANYNJ requests that the FAA use
a method that considers competition over proportionality. PANYNJ also
expressed a commitment to participation in any additional delay
reduction proceedings.
The FAA shares PANYNJ's goal of returning EWR to full capacity in
the future and, in doing so, to address safety, efficiency, and other
concerns as warranted.
Air Canada requested that the staffing waiver be put in place once
again at EWR. As discussed in the response to United, the FAA will
extend the staffing waiver to EWR through the end of the Summer 2026
scheduling season.
DHL asked that their only operation at EWR, CVG-EWR-CVG operated by
21Air, not be impacted by this reduction effort. At this time, the FAA
is not seeking reductions from carriers with fewer than ten daily round
trips at EWR.
Volaris Airlines asked that the FAA not reduce any of their
approved operations at EWR. As with the original order, the FAA is not
mandating reductions from foreign carriers as part of these
proceedings.
El Al Israel Airlines (El Al) also supports a proportional
reduction and suggested criteria for the FAA to consider under a
weighted lottery allocation. El Al provided a number of suggestions for
how the FAA could improve its collaboration with carriers including:
increased communication with carriers such as convening meetings in
advance of major events like the FIFA World Cup, implementing
performance-based adjustments if conditions at EWR improve, and
providing increased lead time on decisions to allow carriers to inform
customers of itinerary changes well in advance, particularly where
religious observance is impacted by a schedule change.
Air Premia requested to return to seven daily frequencies
consistent with their pre-construction period schedule. Further, they
cited an arrangement with the U.S. Department of Justice to operate
seven frequencies due to anti-trust concerns raised by the Korean Air-
Asiana Airlines merger. Air Premia stated that in December 2024, the
Korean Air-Asiana Airlines merger was approved on the condition that
Air Premia receive specific U.S. routes, which included New York. Air
Premia stated that its expanded role helps prevent monopolistic control
over transpacific routes and ensures continued consumer choice and
competitive pricing, especially for the Incheon-New York route.
As previously mentioned, the FAA will not reduce operations on
foreign carriers as part of these proceedings. The FAA will work with
Air Premia to confirm their baseline operations outside of these
proceedings.
An anonymous commenter supports the extension of the operating
limitations to prevent potential airport congestion and delays for
passengers traveling through EWR. The commenter further stated that the
previous staffing shortages due to the pandemic are no longer an issue
and the Newark airport should be able to maintain the operating
limitations by extending the timeframe through 2026 to continue to ease
flight delays.
The FAA acknowledges that staffing shortages remain an issue, but
the FAA aims to make significant improvements in the staffing pipeline
in 2026 which will allow EWR to increase operations. The FAA
appreciates the comments received and has taken them under
consideration.
IV. Allocation Method
After consideration of the comments received on the options, the
FAA selects Option One to issue the allocations. As described above,
allocations will be made proportionally based on carriers' operations
at EWR.
In the Summer 2025 reductions achieved at the delay reduction
meeting, the FAA focused on reducing arrivals and departures to no more
than 34 operations of each per hour. Correspondingly, for Winter 2025/
2026 and Summer 2026, the FAA will focus on reducing arrivals and
departures to no more than 36 operations of each per hour.
The FAA will begin by carrying each carrier's reductions per hour
from the Summer schedule, to the extent practicable, to the currently
approved Winter schedules at EWR for Winter 2025/2026, and the approved
Summer schedules at EWR in Summer 2026.
The FAA will work to ensure the targeted schedule for each carrier
each hour will be proportional to their approved schedules for each
individual season, taking into account that schedules may be different
from one season to the next.
The FAA does not believe that a weighted lottery, Option Two, is
the best path to achieve the necessary reductions at this time. The FAA
appreciates those carriers who provided suggestions on criteria for
this approach if this option would have been selected. Similarly, the
FAA determined that another round of delay reduction meetings, Option
Three, is overly burdensome and will likely achieve a similar result as
the first round. The proportional allocation method will be based on
the reductions achieved through the 49 U.S.C. 41722 process. These
reductions were recently agreed upon by the carriers. As such, the FAA
does not believe that another round of delay reduction meetings would
be an efficient use of public resources when the FAA can leverage the
results of the May meetings. The FAA believes that applying a
proportional reduction to the Winter 2025/2026 and Summer 2026
schedules based on the delay reduction meetings in May is a reasonable
and rational approach to effectuate this order extension and amendment.
Further, Option One is a timely means to issue a decision in light of
the comments
V. Hourly Targeted Scheduling Limitations
Under this order, outside of the construction period from October
26, 2025, through December 31, 2025, the
[[Page 46734]]
daily scheduling limit is no more than 72 hourly operations, or 36
arrivals and departures each per hour. From January 1, 2026, through
October 24, 2026, or the expiration date of this order, the daily
scheduling limit is 72 hourly operations, or 36 arrivals and departures
each per hour. Consistent with the June 2025 order, during the
construction period, on weekends from September 1, 2025, through
December 31, 2025, from Friday at 11:00 p.m. through 5:00 a.m. on
Sunday, the scheduling limit is 56 hourly operations, or 28 arrivals
and departures each per hour.
The FAA will continue to work with carriers to ensure more balanced
operations within each 30-minute interval of each schedule-facilitated
hour.
VI. Foreign Air Carriers
Prior to the issuance of this Order, the FAA notified all
stakeholders, including foreign carriers, of proposed extension and
amendment of the June 2025 order. The FAA will accept any returns from
foreign carriers through the IATA process consistent with the delay
reduction proceedings and the June 2025 order. The FAA will also work
with all carriers, including foreign air carriers, as usual in
responding to requests and confirming times that are available subject
to the limits described above.
VII. Unscheduled Operations and New Scheduled Operations
The FAA will not accommodate new scheduled operations at EWR.
Permitting new scheduled operations could exacerbate the existing
conditions and undo the purpose of the delay reduction meeting and
these operating limitations, which is to achieve operational stability
at EWR.
The FAA will continue to accommodate other unscheduled operations,
such as cargo, charter, or nonscheduled foreign carrier operations, on
a ``first come, first serve'' basis to the extent such operators can be
accommodated at EWR. All requests must be submitted to and approved by
the FAA Slot Administration at <a href="/cdn-cgi/l/email-protection#56617b3721377b253a392237323b3f381630373778313920"><span class="__cf_email__" data-cfemail="b98e94d8ced894cad5d6cdd8ddd4d0d7f9dfd8d897ded6cf">[email protected]</span></a>. In addition,
these operations must also obtain approval from the EWR terminal to
operate as appropriate. The FAA encourages operators to utilize nearby
airports to access the region while this Order is in effect.
VIII. Additional Operational Modifications
Based on the FAA's experience with capacity-constrained airports,
the FAA anticipates that carriers may occasionally need to modify their
schedules for operational or other reasons while this Order is in
effect. Accordingly, this Order provides a mechanism through which such
carriers can modify their schedules.
Carriers operating at EWR must obtain the Administrator's written
approval before making a schedule change to outside the hourly window
associated with an authorized timing.
The FAA also recognizes that the Winter 2025/2026 schedule
submission date was May 15, 2025. The FAA will continue to work with
carriers to address schedules on Saturdays in the construction period
in the Winter 2025/2026 Scheduling Season.
The FAA recognizes that there may be unexpected disruptions due to
operation issues, weather, or other circumstances beyond the carriers'
control. Since EWR is a Level 2 airport, the FAA will work with the
carriers on any additional relief needed to prioritize impacted
operations for the purposes of establishing operational baselines for
the next corresponding season.
IX. National Environmental Policy Act
On June 4, 2025, the FAA prepared a categorical exclusion (CATEX)
document applicable to the original order that is herein being
extended. The CATEX relied upon FAA Order 1050.1F, Environmental
Impacts: Policies and Procedures, paragraphs 5-6.5(j), 5-6.6(d), and 5-
6.6(f).\15\ On July 1, 2025, Secretary of Transportation Sean P. Duffy
signed Department of Transportation (DOT) Order 5610.1D. Paragraph 18
of DOT Order 5610.1D states that an Operating Administration (OA) such
as the FAA ``may rely on any pre-existing EIS, EA, or determination
that a [CATEX] applies to a given project'' if the actions are
substantially the same. The FAA has determined that the extension of
the currently effective order is substantially the same as the original
order for purposes of compliance with the National Environmental Policy
Act (NEPA), 42 U.S.C. 4321, et seq.
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\15\ On June 30, 2025, the FAA issued an updated environmental
order, FAA Order 1050.1G, FAA National Environmental Policy Act
Implementing Procedures. However, the CATEX was prepared prior to
the effective date of the new order. The CATEX categories referenced
above are located in paragraphs B-2.5(j), B-2.6(d), and B-2.6(f) of
the updated order.
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X. Order
Accordingly, with respect to flight operations at EWR, under the
authority provided to the Secretary of Transportation and the FAA
Administrator by 49 U.S.C. 40101, 40103, 40113, and 41722, it is hereby
ordered that:
1. This Order modifies the targeted scheduling limit for arrivals
and departures at EWR during the affected hours for the U.S. air
carriers who operate at EWR as reflected by authorized scheduled
timings. The FAA will not accommodate authorized scheduled timings
under this Order to any person or entity other than a certificated U.S.
air carrier with appropriate economic authority and the FAA operating
authority under 14 CFR part 121, 129, or 135 (`revised allocations
based upon proportionality to air carriers that contributed timings
during delay reduction meetings'). This Order further affirms that the
FAA will not accommodate new requests or re-timings into schedule-
facilitated hours with 36 arrivals and 36 departures if such a request
will result in exceeding the hourly limit (`no backfills'). Finally,
the FAA will accommodate foreign air carrier requests and unscheduled
operations in certain hours with availability throughout the schedule-
facilitated day, on a ``first come, first serve'' basis. All requests
must be submitted to and approved by the FAA Slot Administration at <a href="/cdn-cgi/l/email-protection#c0f7eda1b7a1edb3acafb4a1a4ada9ae80a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="3d0a105c4a5c104e5152495c595054537d5b5c5c135a524b">[email protected]</span></a>. The FAA Vice President, System Operations
Services, is the final decision-maker for determinations under this
paragraph. The provisions in paragraphs 2 through 11 below apply to the
following:
a. All U.S. air carriers conducting scheduled operations at EWR as
of the date of this Order, any U.S. air carrier that operates under the
same designator code as such carrier, and any air carrier that has or
enters into a codeshare agreement with such carrier.
b. All U.S. air carriers operating scheduled or regularly conducted
commercial service to EWR while this Order is in effect.
2. This Order establishes daily targeted scheduled arrivals and
departures at EWR from 6 a.m. through 10:59 p.m., Eastern Time, until
October 24, 2026, and on weekends from October 26, 2025, through
December 31, 2025, from Friday at 11 p.m. through 5 a.m. on Sunday.
3. This Order takes effect on October 26, 2025, and expires on
October 24, 2026.
4. The following procedures apply to authorized scheduled timings
at EWR:
a. Scheduled air carrier arrivals and departures should not exceed
28 per hour on weekends from September 1, 2025, through December 31,
2025, from Friday at 11 p.m. through 5 a.m. on Sunday, Eastern Time.
Outside of that period, from October 26, 2025, through
[[Page 46735]]
October 24, 2026, arrivals and departures should not exceed 36 per
hour, respectively, aside from the Saturdays designated as part of the
construction period when the lower targeted rate applies.
b. The Administrator may change the operating limits if he
determines that capacity exists to accommodate additional operations
without a significant increase in delays. If delays substantially
increase due to circumstances adversely impacting operations, the
Administrator may further reduce the operating limitations.
5. Carriers will retain historic priority for the next
corresponding season for authorized scheduled timings reduced or re-
timed under the delay reduction proceedings.
6. A carrier operating an authorized scheduled timing may request
the Administrator's approval to move any arrival or departure scheduled
from 6 a.m. through 10:59 p.m. to another half hour within that period.
Except as provided in paragraph seven, the carrier must receive the
written approval of the Administrator, or his delegate, prior to
conducting any scheduled arrival or departure. All requests to move an
authorized scheduled timing must be submitted to the FAA Slot
Administration Office at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1423395543553947787b607570797d7a547275753a737b62">[email protected]</a> and must come from a
designated representative of the carrier.
7. Notice of a swap must be submitted in writing to the FAA Slot
Administration Office at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c5f2e8849284e896a9aab1a4a1a8acab85a3a4a4eba2aab3">[email protected]</a> and must come from a
designated representative of each carrier. The FAA must confirm and
approve these exchanges in writing prior to the effective date of the
exchange.
8. Any authorized scheduled timing not used during the Winter 2025/
2026 or Summer 2026 scheduling seasons will not be prioritized for the
purposes of establishing an operational baseline for the next
corresponding season unless the carrier notifies the FAA of a request
for prioritization. The FAA will review these requests. The FAA will
respond to the carrier with an acknowledgement of the request and a
determination.
9. If the FAA determines that a further reduction in targeted
scheduled operations is needed, the FAA may call an additional
scheduling reduction meeting pursuant to 49 U.S.C. 41722.
10. Carriers may voluntarily return up to ten percent of their
operations for the Winter 2025/2026 and the Summer 2026 scheduling
seasons in addition to the reductions assigned under the Order. This
relief includes operations between EWR and DCA. Carriers requesting
this relief must submit returned operations to the FAA Slot
Administration Office at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="e1d6cca0b6a0ccb28d8e9580858c888fa1878080cf868e97">[email protected]</a>. Returned operations
will be treated as operated for the purposes of establishing an
operational baseline for the next corresponding season. The FAA may
reallocate these operations on a non-historic basis for the duration of
this voluntary relief so long as the reallocation does not exceed the
hourly operating limitation. This relief is not available for any DCA
slots granted by the DOT pursuant to section 505 of the FAA
Reauthorization Act of 2024 (Pub. L. 118-63).
11. The FAA may enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). A carrier that is not
a small business as defined in the Small Business Act, 15 U.S.C. 632,
will be liable for a civil penalty of up to $75,000 for every flight it
operates above the limits set forth in this Order. A carrier that is a
small business as defined in the Small Business Act will be liable for
a civil penalty of up to $16,630 for every flight it operates above the
limits set forth in this Order. The FAA also could file a civil action
in U.S. District Court, under 49 U.S.C. 46106, 46107, seeking to enjoin
any air carrier from violating the terms of this Order.
12. 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 September 25, 2025.
William H.W. McKenna,
Chief Counsel.
Bryan Bedford,
Administrator.
[FR Doc. 2025-18871 Filed 9-25-25; 4:15 pm]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on September 29, 2025.
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.