[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Pages 52838-52839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24663]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Order Limiting Scheduled Operations at John F. Kennedy 
International

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of temporary waiver of the minimum usage requirement.

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SUMMARY: This action announces a temporary waiver of the usage 
requirements necessary to hold Operating Authorizations at John F. 
Kennedy International Airport (JFK). This policy is effective from 
March 1 through November 14, 2010.

DATES: Effective Date: March 1, 2010.

FOR FURTHER INFORMATION CONTACT: James Tegtmeier, Associate Chief 
Counsel for the Air Traffic Organization, AGC-40, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone number (202) 267-8323; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Beginning in March 2010, there will be runway and airfield 
construction at JFK that will temporarily affect operations at the 
airport. Runway 13R/31L is the airport's most frequently used and 
longest runway. The Port Authority of New York and New Jersey (Port 
Authority) indicates the runway historically accommodates a significant 
percentage of the annual air traffic operations at JFK, particularly 
departures. The Port Authority plans to resurface the runway with 
concrete and widen it to accommodate new large aircraft and to help 
prevent ice ingestion. In addition, the Port Authority will install new 
runway lighting, electrical infrastructure, and a new electrical feeder 
system to the runway. The Port Authority opted for a more extensive 
rehabilitation project to provide for a 40-year design life by 
surfacing with concrete instead of an 8-year design life with asphalt; 
however, the project will render Runway 13R/31L unavailable from March 
1 until June 30, 2010. The western two-thirds of the runway will reopen 
July 1, but its use will be limited under some weather and operating 
conditions, primarily because some high-speed runway turnoffs and 
navigational aids (NAVAIDS) will be unavailable until later in the 
construction period. On September 15, Runway 4L/22R will close until 
September 30 to resurface its intersection with Runway 13R/31L. The 
entire Runway 13R/31L and its associated NAVAIDS will be fully 
functional on November 15, 2010.
    The FAA, the Port Authority, JFK operators, and other stakeholders 
have been meeting regularly to identify ways to mitigate congestion and 
delay in light of the runway and airfield construction. Surface 
management of aircraft requires further study, as some runway 
configurations may increase ground congestion, but we will continue to 
work to maximize the available infrastructure. In addition, we have 
identified preferred alternative runway configurations.
    The FAA worked with MITRE's Center for Advanced Aviation System 
Development (CAASD) to estimate the capacity and potential delay 
impacts of the loss of Runway 13R/31L. MITRE CAASD and the FAA looked 
at historic runway configurations and operating conditions and the 
likely runway configurations that would substitute for Runway 13R/31L. 
Modeling compared the March, April, May, and June 2009 flight schedules 
by month against historic capacity and then against projected capacity 
in the same months for 2010, when Runway 13R/31L is closed. In each 
month, delays would increase over the corresponding month in 2009. The 
modeled peak afternoon and evening departure delays would increase 
significantly with the April-June schedules, adding about an average of 
ten minutes per aircraft. The modeled peak delays using March 2009 
schedules and the construction capacity would remain within the levels 
accepted for the 2008 scheduling limits.
    The FAA initiated discussions with the largest carriers at the 
airport, and they have agreed to keep their schedules at March 2009 
levels from March 1 until at least July 1. In addition, those carriers 
and others have expressed concern about the operations for the 
remaining months of the construction and have agreed to cancel some 
flights even after Runway 13R/31L returns to partial service after June 
30. This will assist in mitigating delays throughout the construction 
period.
    Under the FAA's order limiting scheduled operations at JFK, 
Operating Authorizations must be used at least 80 percent of the time 
they are allocated or they will be withdrawn. Historic precedence is 
given for the next scheduling season only for Operating Authorizations 
that meet the minimum usage threshold for the corresponding period 
during the prior scheduling season. The FAA may grant a waiver from the 
minimum usage requirements in highly unusual and unpredictable 
conditions that are beyond the control of the carrier and affect 
carrier operations for a period of five consecutive days or more.

Statement of Policy

    The FAA has determined that the projected operational, congestion, 
and delay impacts of the 2010 runway and airfield construction program 
meet the requirements for a temporary waiver of the minimum usage rule 
at JFK. Absent a waiver, carriers would be required to operate flights 
in order to meet the minimum usage rules or to find another carrier to 
operate them. With the capacity impacts during the construction, the 
public interest supports a reduction in operations in order to minimize 
delays and improve on-time performance. Under the circumstances, 
carriers that temporarily reduce flights or elect to temporarily return 
Operating Authorizations to the FAA rather than transfer them for 
another carrier's use should not be penalized by permanently losing the 
authority to operate. The FAA appreciates that some carriers have 
already agreed voluntarily to postpone traditional summer flight 
increases. In light of this minimum usage waiver, we expect that other 
carriers may also temporarily limit their summer 2010 operations.
    This minimum usage waiver applies only to Operating Authorizations 
at JFK. Carriers generally must provide advance notice of cancellations 
to the FAA Slot Administration Office in order to obtain a waiver. 
However, there may be times when delays are excessive and carriers 
elect to cancel flights shortly before their scheduled operation. The 
operational cancellation of a scheduled flight under these 
circumstances may still qualify for a usage waiver, provided that it is 
reported as a delay-related cancellation on the usage report submitted 
to the FAA by the carrier. Information on the use of Operating 
Authorizations should be provided to the Slot Administration Office by 
e-mail at [email protected] or by facsimile at (202) 267-7277.
    In consideration of the above, the FAA is waiving the minimum usage 
requirement for Operating

[[Page 52839]]

Authorizations at JFK from March 1 through November 14, 2010.

    Issued in Washington, DC, on October 6, 2009.
J. David Grizzle,
Chief Counsel.
[FR Doc. E9-24663 Filed 10-13-09; 8:45 am]
BILLING CODE 4910-13-P