[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65161-65163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23616]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2007-29320]


Operating Limitations at John F. Kennedy International Airport

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Extension to order.

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SUMMARY: This action extends the Order Limiting Operations at John F. 
Kennedy International Airport (JFK) published on January 18, 2008, and 
most recently extended on September 18, 2020. The Order remains 
effective until October 26, 2024.

DATES: This action is effective on October 28, 2022.

ADDRESSES: Requests may be submitted by mail to Slot Administration 
Office, System Operations Services, AJR-0, Room 300W, 800 Independence 
Avenue SW, Washington, DC 20591, or by email to: [email protected].

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 [email protected].

SUPPLEMENTARY INFORMATION: 

Availability of Relevant Documents

    You may obtain an electronic copy using the internet by:
    (1) Searching the Federal eRulemaking Portal at 
www.regulations.gov;
    (2) Visiting the FAA's Dynamic Regulatory System website at https://drs.faa.gov; or
    (3) Accessing the Government Publishing Office's website at 
www.GovInfo.gov.
    You also may obtain a copy by sending a request to the Federal 
Aviation Administration, Slot Administration and Capacity Analysis 
Office, AJR-G5, 800 Independence Avenue SW, Washington, DC 20591, or by 
calling (202) 267-2822. Make sure to identify the docket number.

Background

    The FAA historically limited the number of arrivals and departures 
at JFK through the implementation of the High Density Rule (HDR).\1\ By 
statute enacted in April 2000 (Aviation Investment and Reform Act for 
the 21st Century (AIR-21)), operations were added at JFK through 
provisions permitting exemptions for new entrant carriers and flights 
to small and non-hub airports.\2\
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    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for 
operating at high density traffic airports in 14 CFR part 93, 
subpart K. The HDR required carriers to hold a reservation, which 
came to be known as a ``slot,'' for each takeoff or landing under 
instrument flight rules at the high density traffic airports.
    \2\ Aviation Investment and Reform Act for the 21st Century 
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
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    The HDR's applicability to JFK operations terminated as of January 
1, 2007.\3\ With the AIR-21 exemptions and the HDR phase-out, some air 
carriers serving JFK significantly increased their scheduled operations 
throughout the day and retimed existing flights. This resulted in 
scheduled demand in peak hours that exceeded the airport's capacity and 
caused significant congestion and delay.
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    \3\ Id.
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    In January 2008, the FAA placed temporary limits on scheduled 
operations at JFK to mitigate persistent congestion and delays at the 
airport.\4\ The FAA extended the January 18, 2008, Order placing 
temporary limits on scheduled operations at JFK on October 7, 2009, 
April 4, 2011, May 14, 2013, March 26, 2014, May 24, 2016, as corrected 
June 21, 2016, September 17, 2018, and on September 18, 2020.\5\
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    \4\ 73 FR 3510 (Jan. 18, 2008), as amended by 73 FR 8737 (Feb. 
14, 2008).
    \5\ 74 FR 51650; 76 FR 18620; 78 FR 28276; 79 FR 16854; 81 FR 
32636; 81 FR 40167; 83 FR 46865; and 85 FR 58258.
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    Under this Order, as amended, the FAA (1) maintains the current 
hourly limits of 81 scheduled operations at JFK

[[Page 65162]]

during the slot-controlled hours; (2) imposes an 80 percent minimum 
usage requirement for Operating Authorizations (OAs) \6\ with defined 
exceptions; (3) provides a mechanism for withdrawal of OAs for FAA 
operational reasons; (4) establishes procedures to allocate withdrawn, 
surrendered, or unallocated OAs; and (5) allows for trades and leases 
of OAs for consideration for the duration of the Order.
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    \6\ Also referred to herein as ``slots.''
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    The reasons for retaining the Order have not changed appreciably 
since its initial issuance. Despite the dynamic demand during the 2020-
2022 period due to the COVID-19 pandemic, demand for access to JFK 
remains high and multiple new entrant and other incumbent airlines have 
requested new peak period operations and retiming of existing flights 
to higher demand hours. The FAA has determined that the operational 
limitations imposed by this Order remain necessary. In the Summer 2022 
scheduling season, the allocated slots in the busiest hours were 
generally at the limits under this Order. For the Winter 2022/2023 
scheduling season, the initial requests for historic slots and retiming 
of existing slots continue to show demand is higher than the scheduling 
limits in multiple hours. Notwithstanding the dynamic demand caused by 
the COVID-19 pandemic, without the operational limitations imposed by 
the Order, the FAA expects severe congestion-related delays would occur 
at JFK and at other airports throughout the National Airspace System 
(NAS) as flights are added or retimed into peak periods at JFK. The FAA 
will continue to monitor demand, performance, and runway capacity at 
JFK, to determine if changes are warranted during the effective period 
of this Order. The FAA, in coordination with the Office of the 
Secretary of Transportation (OST), will also continue to consider 
potential rulemaking to codify policies for slot-controlled airports.

Pending Issues

    In extending the Orders limiting operations at JFK and LaGuardia 
National Airport (LGA) in 2018, the FAA noted that receipt of specific 
proposals for policy changes that would necessitate modifications to 
the Orders.\7\ Consideration of these issues is ongoing. In addition, 
the FAA is reviewing substantive amendments to the International Air 
Transport Association Worldwide Slot Guidelines (WSG, now known as the 
Worldwide Airport Slot Guidelines or ``WASG'') and considering whether 
to implement certain changes in the United States.\8\ Accordingly, the 
FAA is extending the expiration date of this Order until October 26, 
2024. This expiration date coincides with the extended expiration date 
for the Order limiting operations at LGA, as also published elsewhere 
in the Federal Register.
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    \7\ See discussion of ``Current Issues'' in 2018 JFK Order, 83 
FR at 46865, and 2018 LGA Order, 83 FR at 47065.
    \8\ https://www.iata.org/en/policy/slots/slot-guidelines/.
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    The FAA continues to monitor demand, performance, and runway 
capacity at JFK, to determine if changes are warranted during the 
effective period of this Order. The FAA is working with MITRE's Center 
for Advanced Aviation System Development on a study analyzing airport 
runway configurations and capacity. The continuation of this study will 
investigate projected delays with alternative demand scenarios, as well 
as consider a number of the complexities associated with JFK 
operations, including interaction with other nearby airports and 
operational growth limitations due to the busy airspace surrounding the 
New York Area.
    The FAA finds that notice and comment procedures under 5 U.S.C. 
553(b) are impracticable, unnecessary, and contrary to the public 
interest, as carriers have planned schedules for the Winter 2022/2023 
scheduling season and no significant substantive changes are included 
in this action. For these reasons, the FAA also finds that it is 
impracticable and contrary to the public interest to delay the 
effective date of this Order under 5 U.S.C. 553(d).
    This Order is the equivalent of limited local rules as referenced 
in the WSG and takes precedence over the WSG where there are 
differences.\9\ At JFK, the FAA follows the WSG in many respects such 
as new entrant priority \10\ and consideration of schedule constraints 
such as terminal, gate, parking, customs and immigration, curfews, and 
similar operational factors.
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    \9\ As previously indicated, the FAA is reviewing substantive 
amendments to the WSG adopted in version 10 (Aug. 1, 2019) and 
included in the current WASG, and considering whether to implement 
certain changes in the United States. The FAA continues to generally 
apply edition 9 of the WSG (Jan. 1, 2019) to inform its slot 
administration decisions at JFK, available at: www.regulations.gov/document/FAA-2007-29320-0058.
    \10\ Under current policy and procedures, the FAA applies the 
definitions for ``new entrant'' as set forth in the WSG edition 9 
(Jan. 1, 2019), which is ``an airline requesting a series of slots 
at an airport on any day where, if the airline's request were 
accepted, it would hold fewer than 5 slots at that airport on that 
day.''
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The Amended Order

    The Order, as amended, is recited below in its entirety.
    1. This Order continues the process for assigning operating 
authority to conduct an arrival or a departure at JFK during the 
affected hours to any certificated U.S. air carrier or foreign air 
carrier. The FAA will not assign operating authority under this Order 
to any person or entity other than a certificated U.S. or foreign air 
carrier with appropriate economic authority and with operating 
authority from FAA under 14 CFR part 121, 129, or 135. This Order 
applies to the following:
    a. All U.S. air carriers and foreign air carriers conducting 
scheduled operations at JFK as of the date of this Order, any U.S. air 
carrier or foreign air carrier that operates under the same designator 
code as such a carrier, and any air carrier or foreign-flag carrier 
that has or enters into a codeshare agreement with such a carrier.
    b. All U.S. air carriers or foreign air carriers initiating 
scheduled or regularly conducted commercial service to JFK while this 
Order is in effect.
    c. The Vice President, System Operations Services, in coordination 
with the Chief Counsel of the FAA, is the final decision maker for 
determinations under this Order.
    2. This Order governs scheduled arrivals and departures at JFK from 
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
    3. This Order took effect on March 30, 2008, and will expire 
October 26, 2024.
    4. Under the authority provided to the Secretary of Transportation 
and the FAA Administrator by 49 U.S.C. 40101, 40103, and 40113, we 
hereby order that:
    a. No U.S. air carrier or foreign air carrier initiating or 
conducting scheduled or regularly conducted commercial service at JFK 
may conduct such operations without an Operating Authorization assigned 
by the FAA.
    b. Except as otherwise authorized by the FAA based on historic 
precedence, scheduled U.S. air carrier and foreign air carrier arrivals 
and departures will not exceed 81 per hour from 6 a.m. through 10:59 
p.m., Eastern Time.
    c. The Administrator may change the limits if the Administrator 
determines that capacity exists to accommodate additional operations 
without a significant increase in delays.
    5. For administrative tracking purposes only, the FAA will assign 
an identification number to each Operating Authorization.

[[Page 65163]]

    6. A carrier holding an Operating Authorization may request the 
Administrator's approval to move any arrival or departure scheduled 
from 6:00 a.m. through 10:59 p.m. to another half hour within that 
period. Except as provided in paragraph 7, the carrier must receive the 
written approval of the Administrator, or his delegate, prior to 
conducting any adjusted arrival or departure. All requests to move an 
allocated Operating Authorization must be submitted to the FAA Slot 
Administration Office, facsimile (202) 267-7277 or email 7-AWA-
[email protected], and must come from a designated representative of 
the carrier. If the FAA cannot approve a carrier's request to move a 
scheduled arrival or departure, the carrier may then apply for a trade 
in accordance with paragraph 7.
    7. For the duration of this Order, a carrier may enter into a lease 
or trade of an Operating Authorization to another carrier for any 
consideration. Notice of a trade or lease under this paragraph must be 
submitted in writing to the FAA Slot Administration Office, facsimile 
(202) 267-7277 or email [email protected], and must come from a 
designated representative of each carrier. The FAA must confirm and 
approve these transactions in writing prior to the effective date of 
the transaction. The FAA will approve transfers between carriers under 
the same marketing control up to five business days after the actual 
operation, but only to accommodate operational disruptions that occur 
on the same day of the scheduled operation. The FAA's approval of a 
trade or lease does not constitute a commitment by the FAA to grant the 
associated historical rights to any operator in the event that slot 
controls continue at JFK after this Order expires.
    8. A carrier may not buy, sell, trade, or transfer an Operating 
Authorization, except as described in paragraph 7.
    9. Historical rights to Operating Authorizations and withdrawal of 
those rights due to insufficient usage will be determined on a seasonal 
basis and in accordance with the schedule approved by the FAA prior to 
the commencement of the applicable season.
    a. For each day of the week that the FAA has approved an operating 
schedule, any Operating Authorization not used at least 80% of the time 
over the time-frame authorized by the FAA under this paragraph will be 
withdrawn by the FAA for the next applicable season except:
    i. The FAA will treat as used any Operating Authorization held by a 
carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and 
the period from December 24 through the first Saturday in January.
    ii. The Administrator of the FAA may waive the 80% usage 
requirement in the event of a highly unusual and unpredictable 
condition which is beyond the control of the carrier and which affects 
carrier operations for a period of five consecutive days or more.
    b. Each carrier holding an Operating Authorization must forward in 
writing to the FAA Slot Administration Office a list of all Operating 
Authorizations held by the carrier along with a listing of the 
Operating Authorizations and:
    i. The dates within each applicable season it intends to commence 
and complete operations.
    A. For each winter scheduling season, the report must be received 
by the FAA no later than August 15 during the preceding summer.
    B. For each summer scheduling season, the report must be received 
by the FAA no later than January 15 during the preceding winter.
    ii. The completed operations for each day of the applicable 
scheduling season:
    A. No later than September 1 for the summer scheduling season.
    B. No later than January 15 for the winter scheduling season.
    iii. The completed operations for each day of the scheduling season 
within 30 days after the last day of the applicable scheduling season.
    10. In the event that a carrier surrenders to the FAA any Operating 
Authorization assigned to it under this Order or if there are 
unallocated Operating Authorizations, the FAA will determine whether 
the Operating Authorizations should be reallocated. The FAA may 
temporarily allocate an Operating Authorization at its discretion. Such 
temporary allocations will not be entitled to historical status for the 
next applicable scheduling season under paragraph 9.
    11. The FAA considers the following factors and priorities in 
allocating Operating Authorizations, which the FAA has determined are 
available for reallocation--
    a. Historical requests for allocation of an Operating Authorization 
in the same time;
    b. New entrant status;
    c. Retiming of historic Operating Authorizations;
    d. Extension of a seasonal Operating Authorization to year-round 
service;
    e. The effective period of operation;
    f. The extent and regularity of intended use with priority given to 
year-round services;
    g. The operational impacts of scheduled demand, including the 
hourly and half-hour demand and the mix of arrival and departure 
flights; and,
    h. Airport facility constraints.
    Any carrier that is not approved for allocation of an Operating 
Authorization by the FAA may request it be placed on a waiting list for 
consideration should an Operating Authorization in the requested time 
become available during that scheduling season.
    12. If the FAA determines that an involuntary reduction in the 
number of allocated Operating Authorizations is required to meet 
operational needs, such as reduced airport capacity, the FAA will 
conduct a weighted lottery to withdraw Operating Authorizations to meet 
a reduced hourly or half-hourly limit for scheduled operations. The FAA 
will provide at least 45 days' notice unless otherwise required by 
operational needs. Any Operating Authorization that is withdrawn or 
temporarily suspended will, if reallocated, be reallocated to the 
carrier from which it was taken, provided that the carrier continues to 
operate scheduled service at JFK.
    13. The FAA may enforce this Order through an enforcement action 
seeking a civil penalty under 49 U.S.C. 46301(a). The FAA or Department 
of Justice also could file a civil action in U.S. District Court, under 
49 U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier 
from violating the terms of this Order.
    14. The FAA may modify or withdraw any provision in this Order on 
its own or on application by any carrier for good cause shown.

    Issued in Washington, DC, on October 26, 2022.
Alyce Hood-Fleming,
Acting Vice President, System Operations Services.
[FR Doc. 2022-23616 Filed 10-26-22; 4:15 pm]
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