[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Pages 57674-57675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22813]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2008-0221]


Order Limiting Operations at Newark Liberty International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of limited waiver of the slot usage requirement.

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SUMMARY: This action grants with conditions a limited 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 2014 scheduling season. This waiver applies only to 
EWR slots for the following days and local times: (1) March 30 through 
June 15 for 0600-2259 slots; (2) Mondays through Saturdays from June 16 
through September 19 for 0600-0629 slots; (3) Sundays from June 22 
through September 14 for 0600-0859 slots; and (4) September 20 through 
October 25 for 0600-2259 slots.

DATES: Effective upon publication. The deadlines for temporary slot 
returns under this waiver are January 15, 2014, for slots from March 30 
through July 31, 2014, and July 1, 2014, for slots from August 1 
through October 25, 2014.

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

    The Port Authority of New York and New Jersey (Port Authority) will 
resurface EWR runway 4L/22R in 2014. This will require closing the 
runway from April 1 through June 1 and from September 20 through 
September 30, 2014. Runway 11/29 will close June 1 through 15 for 
construction on the intersection with runway 4L/22R. Runway 4L/22R will 
be open during that period with reduced runway length. Night and 
weekend closures of runway 4L/22R are planned until late 2014.
    The FAA, Port Authority, and airport stakeholders have been meeting 
for several months to review the construction plans and schedules, 
assess the potential operational impacts, and identify mitigation 
options.

FAA Analysis

    Under the Order limiting 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 requirement will not 
receive historical precedence for the following corresponding 
scheduling season.\1\ 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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    \1\ 78 FR 28280, 28281 (May 14, 2013).
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    The FAA has determined that the projected operational, congestion, 
and delay impacts of the 2014 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, the FAA has determined to issue 
a limited slot usage waiver for the summer 2014 scheduling season. This 
waiver applies only to EWR slots for the following days and local 
times: (1) March 30 through June 15 for 0600-2259 slots; (2) Mondays 
through Saturdays from June 16 through September 19 for 0600-0629 
slots; (3) Sundays from June 22 through September 14 for 0600-0859 
slots; and (4) September 20 through October 25 for 0600-2259 slots.\2\ 
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.
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    \2\ The FAA is granting the waiver until the end of the 
scheduling season rather than only for the September 20-30 runway 
closure. It may not be practical for carriers to resume some 
suspended flights in October.
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    The FAA recognizes that some carriers may need additional time to 
finalize fall schedules or may make adjustments in fall schedules based 
on experiences during the spring construction. Accordingly, the FAA 
will allow an additional slot return date to allow for better planning 
by carriers. For slots from March 30 through July 31, 2014, the 
temporary slot return deadline is Wednesday, January 15, 2014. For 
slots from August 1 through October 25, 2014, the temporary slot return 
deadline is Tuesday, July 1, 2014. Temporary slot returns should be 
submitted to the Slot Administration Office by email at [email protected]. These return notifications should indicate they are 
subject to this waiver.


[[Page 57675]]


    Issued in Washington, DC, on September 13, 2013.
Mark W. Bury,
Acting Assistant Chief Counsel for International Law, Legislation, and 
Regulations.
[FR Doc. 2013-22813 Filed 9-18-13; 8:45 am]
BILLING CODE 4910-13-P