[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1549-1550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-253]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2011-1442]


Order Limiting Scheduled Operations at Newark Liberty 
International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of FAA Decision on Request for Waiver of the Slot Usage 
Requirement.

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SUMMARY: This action grants with conditions a request by Airlines for 
America (A4A) for a waiver of the slot usage requirement for operating 
authorizations (slots) at Newark Liberty International Airport (EWR) 
due to construction at the airport during the summer 2012 and winter 
2012-13 scheduling seasons.

DATES: Effective upon publication. The deadlines for temporary slot 
returns under this waiver are March 16, 2012, for summer 2012 slots and 
August 15, 2012, for winter 2012-13 slots.

FOR FURTHER INFORMATION CONTACT: Robert Hawks, Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone: (202) 267-7143; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    By letter dated December 6, 2011, A4A requested the FAA grant a 
limited waiver of the slot usage requirement for EWR during the 2012 
runway 4R-22L reconstruction project. In support of its request, A4A 
referenced a waiver granted by the FAA in 2010 due to a runway 
construction project at John F. Kennedy International Airport.\1\
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    \1\ 74 FR 52838 (Oct. 14, 2009).
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    The Port Authority of New York and New Jersey (Port Authority) will 
resurface EWR runway 4R-22L. In addition, the Port Authority will 
undertake preparatory work for new taxiways and install new runway 
lighting and electrical infrastructure. This major project is scheduled 
for between April 15 and December 15, 2012. The construction schedule, 
which may be adjusted because of weather conditions, is:
     Nightly closure (0030 through 0630) of runway 4R-22L from 
April 15 through December 15.
     Extended weekend closure of runway 4R-22L from April 15 
through November 15.\2\ Closure will occur from 0030 on Saturday 
through 1100 on Sunday.
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    \2\ Construction work is not scheduled for the weekends of March 
12-13, June 30-July 1, and July 7-8.
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     Closure of runway 4R-22L from September 8 through 
September 17.
     Closure of the intersection of runway 4R-22L and runway 
11-29 from May 4 through May 9. This closure will result in shortening 
the available lengths of both runways.
    A4A contends the closures will significantly affect EWR's 
throughput because runway 4R-22L is the airport's principal arrival 
runway. During the

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construction closures, both arrivals and departures must share runway 
4L-22R. Construction closures that shorten the length of cross-wind 
runway 11-29 may reduce the number of arrivals and departures that can 
use that runway.
    EWR is one of the busiest airports in the nation and currently 
experiences significant delay. A4A argues construction closures, and 
the resulting decreased throughput, likely will increase airport 
delays. The FAA, the Port Authority, and airlines have discussed 
mitigations of construction-related delays, and the construction 
schedule, which limits the closures, reflects those discussions.

FAA Analysis

    Under the Order limiting scheduled operations at EWR, slots must be 
used at least 80 percent of the time. This rule is expected to 
accommodate routine weather and other cancellations under all but the 
most unusual circumstances. Slots not meeting the minimum usage rules 
will not receive historic precedence for the following corresponding 
scheduling season.\3\ The FAA may grant a waiver from the slot usage 
requirement in highly unusual and unpredictable conditions that are 
beyond a carrier's control and affect a carrier's operations for a 
period of five or more consecutive days. However, the FAA does not 
routinely grant general waivers to the usage requirement except under 
the most unusual circumstances.
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    \3\ 76 FR 18618 (Apr. 4, 2011).
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    The FAA has determined that the projected operational, congestion, 
and delay impacts of the 2012 EWR runway construction meet the 
requirements for a temporary waiver of the slot usage requirement. 
Considering the throughput impacts during construction, reducing 
operations to minimize congestion and delays is in the public interest. 
Carriers that temporarily reduce flights and elect to temporarily 
return slots to the FAA rather than transfer them for another carrier's 
use should not be penalized by permanently losing the authority to 
operate.

FAA Decision

    In consideration of the foregoing, A4A's request for a waiver is 
granted with conditions. This waiver applies only to EWR slots for the 
following days: (1) Saturdays and Sundays from April 15 through 
November 15; (2) May 4 through May 9, and (3) September 8 through 
September 17. To obtain a waiver for a specific slot held, a carrier 
must temporarily return to the FAA slots that it will not operate 
during the waiver period. The carrier will retain historical precedence 
for these temporarily returned slots. These temporary slot returns 
permit the FAA to plan for days on which construction closures and 
resulting operational impacts occur. If the closure dates change due to 
weather, the FAA will apply the waiver, including retroactively, if a 
carrier notifies the FAA that the temporarily returned slots will not 
be operated on any new closure dates. For summer 2012 slots, the 
temporary slot return deadline is Friday, March 16, 2012. For winter 
2012-13 slots, the temporary slot return deadline is Wednesday, August 
15, 2012. Temporary slot returns should be submitted to the Slot 
Administration Office by email at [email protected] or by 
facsimile at (202) 267-7277. These return notifications should indicate 
they are subject to this waiver.

    Issued in Washington, DC, on January 4, 2012.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2012-253 Filed 1-9-12; 8:45 am]
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