[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68196-68197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27844]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2012-1191]
Orders Limiting Operations at John F. Kennedy International
Airport, LaGuardia Airport, and Newark Liberty International Airport;
High Density Rule at Reagan Washington National Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Limited Waiver of the Slot Usage Requirement.
-----------------------------------------------------------------------
SUMMARY: This action announces a limited waiver of the requirement to
use Operating Authorizations (slots) at John F. Kennedy International
Airport (JFK), LaGuardia Airport (LGA), and Newark
[[Page 68197]]
Liberty International Airport (EWR). This action also declines to grant
a waiver of the requirement to use slots at Reagan Washington National
Airport. This waiver is effective from October 28, 2012 through
November 2, 2012.
DATES: Effective November 15, 2012.
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
On October 29, 2012, Hurricane Sandy made landfall in southern New
Jersey. Combined with another weather front, Hurricane Sandy
transitioned to an extratropical storm that caused widespread power
outages, severe flooding, and severe disruption of transportation
systems in the northeastern and mid-Atlantic United States. This
disruption included airport closures and mass cancellation of scheduled
flights.
The degree of disruption and cancellations varied by airport across
the region, and flight disruptions occurred at slot-controlled and non-
slot-controlled airports. JFK and EWR were effectively closed on
October 29 and 30 and had limited operational capacity on October 31.
LGA was effectively closed from October 29 through October 31 and had
limited operational capacity on November 1. DCA was effectively closed
on October 29 and 30 and had reduced operational capacity on October
31. Recovery of normal operations took several days after the storm.
FAA Analysis
Under the FAA's High Density Rule at DCA and Orders limiting
operations at LGA, JFK, and EWR, slots must be used at least 80 percent
of the time. These rules are expected to accommodate routine weather
and other cancellations under all but the most unusual circumstances.
Slots not meeting the minimum usage requirement will be withdrawn or
not receive historic precedence for the following scheduling season,
depending on the airport.\1\ The FAA may grant a waiver from the
minimum usage requirement in highly unusual and unpredictable
conditions that are beyond the control of the carrier and affect
carrier operations for a period of five or more consecutive days (for
LGA, JFK, and EWR) or of nine or more consecutive days (for DCA).
However, the FAA does not routinely grant general waivers to the usage
requirement except under the most unusual circumstances.
---------------------------------------------------------------------------
\1\ 14 CFR 93.227 (DCA); 74 FR 51648 (Oct. 7, 2009) (EWR); 74 FR
51650 (Oct. 7, 2009) (JFK); 77 FR 30585 (May 23, 2012) (LGA).
---------------------------------------------------------------------------
The FAA has granted waivers of the slot usage requirement in
circumstances similar to those of Hurricane Sandy. The FAA generally
considers the days of the weather event as well as a couple additional
days to resume normal operations. For example, in February 2010, the
FAA granted a general waiver because unusual snowstorms closed slot-
controlled airports for multiple days and also caused mass
cancellations resulting from reduced airport capacity.
For LGA, JFK, and EWR, the FAA has determined the unusual
circumstances created by Hurricane Sandy meet the criteria for a
limited waiver of the minimum slot usage requirement. Accordingly, the
FAA will treat as used any slot or Operating Authorization held by a
carrier from October 28 through November 2, 2012.
For DCA, the FAA has determined that overall operational disruption
did not last for the required nine or more consecutive days.
Operational data show normal operations largely had resumed by November
1, 2012.
Although the FAA has determined that a general waiver of the usage
requirement is inappropriate for DCA, it acknowledges that some
carriers operate flights between DCA and airports in the NYC area or
northeastern U.S. affected by the storm. These circumstances may have
created a unique hardship for those carriers justifying waiver relief.
To assess that hardship and determine whether relief is warranted, the
FAA requests that affected carriers submit an individual request for
limited waiver. However, a carrier must demonstrate operational
disruptions of scheduled flights that lasted nine or more consecutive
days to be eligible for waiver relief.
FAA Decision
In consideration of the foregoing, the FAA GRANTS a limited waiver
of the usage requirement for LGA, JFK, and EWR for the period from
October 28 through November 2, 2012.
Issued in Washington, DC, on November 7, 2012.
Rebecca B. MacPherson,
Assistant Chief Counsel for International Law, Legislation, and
Regulations.
[FR Doc. 2012-27844 Filed 11-14-12; 8:45 am]
BILLING CODE 4910-13-P