Notice2025-20308
Cancellation of Emergency Order Establishing Operating Limitations on the Use of Navigable Airspace
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
November 19, 2025
Effective
November 17, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This Order cancels the November 12, 2025, "Emergency Order Establishing Operating Limitations on the Use of Navigable Airspace," as amended by the November 14, 2025, Addendum, (November 12 Emergency Order) reducing and temporarily prohibiting certain operations in the navigable airspace to ensure the safety of aircraft and the efficiency of the National Airspace System (NAS). This Order cancels all requirements of the November 12 Emergency Order including to reduce operations at certain airports by 3 percent, and restores normal operating levels on the effective date of this Order. This Order also cancels the prohibition on operations by general aviation 14 CFR part 91 aircraft, non-scheduled 14 CFR part 135 aircraft, and 14 CFR part 380 public charter aircraft at certain airports, and the prohibition on commercial space launches and reentries during peak hours, and resumes normal air traffic control (ATC) services limited by the November 12 Emergency Order.
Full Text
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<title>Federal Register, Volume 90 Issue 221 (Wednesday, November 19, 2025)</title>
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[Federal Register Volume 90, Number 221 (Wednesday, November 19, 2025)]
[Notices]
[Pages 52132-52133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20308]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Cancellation of Emergency Order Establishing Operating
Limitations on the Use of Navigable Airspace
AGENCY: Department of Transportation, Federal Aviation Administration
(FAA).
ACTION: Cancellation of Emergency Order Establishing Operating
Limitations on the Use of Navigable Airspace.
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SUMMARY: This Order cancels the November 12, 2025, ``Emergency Order
Establishing Operating Limitations on the Use of Navigable Airspace,''
as amended by the November 14, 2025, Addendum, (November 12 Emergency
Order) reducing and temporarily prohibiting certain operations in the
navigable airspace to ensure the safety of aircraft and the efficiency
of the National Airspace System (NAS). This Order cancels all
requirements of the November 12 Emergency Order including to reduce
operations at certain airports by 3 percent, and restores normal
operating levels on the effective date of this Order. This Order also
cancels the prohibition on operations by general aviation 14 CFR part
91 aircraft, non-scheduled 14 CFR part 135 aircraft, and 14 CFR part
380 public charter aircraft at certain airports, and the prohibition on
commercial space launches and reentries during peak hours, and resumes
normal air traffic control (ATC) services limited by the November 12
Emergency Order.
DATES: This Order takes effect at 6 a.m. EST on November 17, 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 Docket Operations at the U.S.
Department of Transportation in Room W12-140 on the ground floor of the
West Building at 1200 New Jersey Avenue SE, Washington, DC, between
9:00 a.m. and 5:00 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#6c5b410d1b0d411f0003180d080105022c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="dbecf6baacbaf6a8b7b4afbabfb6b2b59bbdbabaf5bcb4ad">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
This Order cancels the November 12 Emergency Order, reducing and
prohibiting certain operations in the navigable airspace. The
Administrator of the Federal Aviation Administration (FAA) is issuing
this Order because data reviewed by the agency shows a sufficient
reduction in the risks that initially prompted the reductions.
II. Background
The U.S. Government has exclusive sovereignty over the airspace of
the United States.\1\ Under this broad authority, Congress has granted
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 develop plans and
policies for the use of navigable airspace and assign by regulation or
order under such terms, conditions, and limitations as he may deem
necessary to ensure its safe and efficient use.\2\ The Administrator
may modify or revoke an assignment when required in the public
interest.\3\ Furthermore, in carrying out the Administrator's safety
and efficiency responsibilities under the statute, the Administrator
must: (1) assign, maintain, and enhance safety and security as the
highest priorities in air commerce, and (2) control the use of the
navigable airspace and regulate civil operations in that airspace in
the interest of the safety and efficiency of those operations.\4\
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\1\ 49 U.S.C. 40103.
\2\ 49 U.S.C. 40103(b)(1), as previously codified in 49 U.S.C.
App. Sec. 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 Sec. 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.
\3\ Id.
\4\ 49 U.S.C. 40101(d)(1) and (4).
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The FAA's statutory authority to ensure ``the safety of aircraft''
and ``the efficient use of airspace'' encompasses its management of the
nationwide system of air commerce and the Air Traffic Control (ATC)
system. Ensuring the safe and efficient use of the airspace means that
the FAA must take all necessary steps to prevent safety risks to, or
situations potentially adversely affecting the overall safety of the
ATC system for which the FAA is responsible.
Due to a lapse in appropriations, air traffic controllers worked
without pay from October 3, 2025, to November 12, 2025. During that
time, the FAA's Office of Aviation Safety (AVS) and Air Traffic
Organization (ATO) continued to review, monitor, and evaluate ATC
safety. As part of this review, the FAA assessed voluntary safety
reports submitted for the month of October. The reports indicated users
of the system had concerns about its performance even with current
mitigations in place. The FAA observed evidence of increased stress on
the national airspace system (NAS) in aviation safety data,
particularly at 40 high traffic airports, identified in Appendix A
(``High Impact Airports'') of the November 12 Emergency Order. This
data indicated a correlation between ATO staffing and stress on the
NAS, prompting the FAA to issue an order entitled ``Emergency Order
Establishing Operating Limitations on the Use of Navigable Airspace''
on November 7, 2025, to mitigate safety concerns and to address ATC
stressors by requiring certain air carriers to reduce their total daily
scheduled domestic operations between 6:00 a.m. and 10:00 p.m. local.
The order required gradually increasing reductions in domestic
operations at High Impact Airports, culminating in a required reduction
of 10 percent. However, before required reductions reached the 10
percent level, the FAA's review of pertinent data showed staffing rates
reverting towards normal. Accordingly, the FAA issued the November 12
Emergency Order and the subsequent November 14 Addendum adjusting the
reductions in operations to 6 percent and then 3 percent, respectively.
The FAA has continued to monitor data on National Airspace System
(NAS) operations and has determined that ATO staffing levels have
maintained at a consistently sufficient level to reduce stress on the
NAS. As such, the FAA is canceling the November 12 Emergency Order.
III. National Environmental Policy Act Categorical Exclusion
The FAA has determined that this action qualifies for categorical
exclusion (CATEX) under the National Environmental Policy Act (42
U.S.C. 4321, et seq.) in accordance with FAA Order 1050.1G, ``FAA
National Environmental Policy Act Implementing Procedures,'' paragraph
B-2.5(j). This
[[Page 52133]]
CATEX applies to the following category of actions: ``Implementation of
procedures to respond to emergency air or ground safety needs,
accidents, or natural events with no reasonably foreseeable long-term
adverse impacts.'' This action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
exist that would preclude the use of this CATEX and require a higher
level of NEPA review.
IV. Order
Accordingly, under the authority provided to the Secretary of
Transportation and the FAA Administrator by 49 U.S.C. 40103, 40113, and
46105(c), it is hereby ordered that the November 12, 2025, Emergency
Order Establishing Operating Limitations on the Use of Navigable
Airspace is hereby cancelled in its entirety, effective at 6:00 a.m.
EST on November 17, 2025, except that the FAA may pursue enforcement
actions for failure to comply with the November 12 Emergency Order
during its effective period.
Issued in Washington, DC, on November 16, 2025.
William McKenna,
Chief Counsel, Federal Aviation Administration.
Bryan Bedford,
Administrator, Federal Aviation Administration.
[FR Doc. 2025-20308 Filed 11-17-25; 4:15 pm]
BILLING CODE 4910-13-P
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