[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Rules and Regulations]
[Pages 18032-18034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06313]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93


Staffing Related Relief Concerning Operations at Ronald Reagan 
Washington National Airport, John F. Kennedy International Airport, 
LaGuardia Airport, and Newark Liberty International Airport, May 15, 
2023, Through September 15, 2023

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

ACTION: Limited waiver of the slot usage requirement.

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SUMMARY: This action announces a limited, conditional waiver of the 
minimum usage requirement that applies to Operating Authorizations or 
``slots'' at John F. Kennedy International Airport (JFK), New York 
LaGuardia Airport (LGA), and Ronald Reagan Washington National Airport 
(DCA) due to post-pandemic effects on Air Traffic Controller (ATC) 
staffing at the New York Terminal Radar Approach Control (TRACON) 
facility (N90). Carriers will be permitted to voluntarily turn in up to 
10 percent of their slots held at JFK and LGA as well as impacted slots 
at DCA for the period from May 15, 2023, through September 15, 2023, 
subject to the conditions and limitations in this document. In 
addition, this action announces a limited policy for prioritizing 
returned operations at Newark Liberty International Airport

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(EWR) due to post-pandemic effects on ATC staffing at N90 for purposes 
of establishing a carrier's operational baseline in the next 
corresponding season. Carriers will be permitted to voluntarily turn in 
up to 10 percent of their approved operating timings at EWR for the 
period from May 15, 2023, through September 15, 2023, subject to the 
conditions and limitations in this document. Carriers seeking to take 
advantage of this relief must identify the slots and approved operating 
timings they wish to turn in before April 30, 2023. This relief is 
being provided to give carriers the ability to reduce operations during 
the peak summer travel period, which are likely to be exacerbated by 
the effects of Air Traffic Controller (ATC) staffing shortfalls.

DATES: This action is effective March 27, 2023.

ADDRESSES: Requests may be submitted by mail to the 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: For questions concerning this notice 
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:

Background

    The New York Terminal Radar Approach Control facility (N90) 
provides ATC services to overhead flights in the North East corridor 
and to the New York airports--JFK, LGA, and EWR. The airspace 
complexity resulting from the close proximity of the major commercial 
airports serving the New York City region is a significant contributing 
factor to delays at JFK, LGA, and EWR. Against this already challenging 
backdrop, according to FAA data, nationwide Certified Professional 
Controller (CPC) staffing averages 81 percent while N90 is maintained 
at about 54 percent of its CPC staffing target. FAA acknowledges that 
temporary safety mitigations put in place in response to the COVID-19 
pandemic impacted controller training. Dedicated training initiatives 
have been successful in reducing most of the training backlog with the 
exception of N90. The staffing shortfalls at N90 limit the FAA's 
ability to provide expeditious services to aircraft operators and their 
passengers that traverse this airspace.
    During the period of May 2022 through September 2022, the total 
number of instances of delay to operations from JFK, LGA, and EWR 
totaled 41,498, with effects throughout the NAS and for which staffing 
was a contributing factor. Notwithstanding FAA's efforts to address N90 
CPC staffing, the staffing rate for N90 has not improved and at the 
same time early carrier schedules indicate an increase in operations. 
This being the case, for summer 2023 the FAA expects increased delays 
in the New York region over summer 2022. Specifically, ATO modeling 
indicates operations at the New York airports is projected to increase 
by seven (7) percent, which FAA projects will result in overall delays 
increasing by 45 percent.\1\ These projections are consistent with the 
50 percent increase in the number of ground delay programs (GDPs) 
observed in January and February 2023 compared to the same months in 
2022 at the same airports.\2\ The FAA is progressing towards a solution 
to the N90 staffing issues, based on moving responsibility for the 
Newark, New Jersey radar sector from N90 to the Philadelphia TRACON 
(PHL). Training for this sector move is slated to begin in September of 
this year and will take time to complete for cutover of 
responsibilities to PHL. Accordingly, this solution will not resolve 
the anticipated operational impacts in the summer 2023 scheduling 
season.
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    \1\ ASV studies are conducted by the Slot Administration and 
Capacity Analysis Group (AJR-G5) at the FAA's William J. Hughes 
Technical Center. ASV analysis considers multiple runway 
configurations, weighted by the frequency of occurrence, and 
utilizes an estimation of weather conditions for each configuration 
in its calculation. The resulting demand-delay curve can be used to 
estimate the average delay that results at a given level of demand.
    \2\ Aviation System Performance Metrics (ASPM): Key Advisories: 
GDP & GS Report. ASPM data can be viewed on the FAA Operations & 
Performance Data website (http://aspm.faa.gov/).
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Standard

    At JFK and LGA, each slot must be used at least 80 percent of the 
time.\3\ Slots not meeting the minimum usage requirements will be 
withdrawn. The FAA may waive the 80 percent usage requirement in the 
event of a highly unusual and unpredictable condition that is beyond 
the control of the slot-holding air carrier and which affects carrier 
operations for a period of five consecutive days or more.\4\
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    \3\ Operating Limitations at John F. Kennedy International 
Airport, 87 FR 65161(Oct. 28, 2022); Operating Limitations at New 
York LaGuardia Airport, 87 FR 65159 (Oct. 28, 2022).
    \4\ At JFK, 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. See JFK Order, 87 FR at 65163. At LGA, any operating 
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 87 FR at 
65160.
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    At DCA, any slot not used at least 80 percent of the time over a 
two-month period will also be recalled by the FAA.\5\ The FAA may waive 
this minimum usage requirement in the event of a highly unusual and 
unpredictable condition that is beyond the control of the slot-holding 
carrier and which exists for a period of nine or more days.\6\
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    \5\ See 14 CFR 93.227(a).
    \6\ See 14 CFR 93.227(j).
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    When deciding historical rights to allocated slots, including 
whether to grant a waiver of the usage requirement, the FAA seeks to 
ensure the efficient use of valuable aviation infrastructure and 
maximize the benefits to both airport users and the traveling public. 
This minimum usage requirement is expected to accommodate routine 
cancellations under all but the most unusual circumstances. Carriers 
proceed at risk if they decide slot usage in anticipation of the FAA 
granting a slot usage waiver.

Analysis

    Due to the amount of connecting flights in the New York region as 
well as the interdependency and complexity of the airspace surrounding 
EWR, JFK and LGA, delays caused by N90 staffing shortfalls could have 
significant impacts in the upcoming Summer traffic season. Absent 
increased flexibility, there exists a high probability congestion and 
delay at JFK, LGA, and EWR during significant NAS impact days (e.g., 
holiday travel spike, adverse weather) could be exacerbated by N90 
staffing shortfalls.
    Typically, cancellations due to ATC staffing delays are accounted 
for by the 20 percent non-utilization allowed under the minimum usage 
requirement; however, due to the extent of N90 staffing shortfalls and 
the increase in scheduled operations, the effects of N90 staffing 
shortfalls are a highly unusual and unpredictable condition beyond the 
control of carriers that will impact operations through the summer 2023 
scheduling season. A waiver of minimum slot usage requirements at JFK 
and LGA, and a similar policy of prioritizing returned operations at 
EWR, is necessary to allow carriers to reduce operations to enable 
scheduling and operational stability during significant NAS impact days 
through the summer

[[Page 18034]]

2023 season. A reduction in the operational volume at the New York 
airports would also aid in reducing the severity of significant NAS 
impact days.
    In addition, because New York-DCA is a high frequency market for 
multiple carriers, the FAA recognizes this market is a likely target 
for carriers to consolidate flights while retaining their network 
connectivity. If carriers choose to reduce their schedules in the New 
York-DCA market, the FAA encourages carriers to utilize their DCA slots 
to operate to other destinations, to the extent that is practical. 
However, if carriers are unable to utilize their DCA slots elsewhere, 
it would be necessary to provide relief to DCA slots that are impacted 
by the reduction in operations at the New York airports.
    Finally, carriers should be aware that the N90 staffing shortfalls 
will not form a sufficient basis for relief going forward because 
carriers will have had sufficient opportunity to plan and take remedial 
action under this waiver policy. The FAA does not foresee providing 
additional post-hoc relief associated with ATC staffing given the 
extraordinary relief provided here. Given this relief, operational 
impacts associated with N90 staffing during the summer 2023 scheduling 
season will not have been beyond the carriers control and will not 
serve as a valid basis for a waiver.

Decision

    The FAA has determined the post-pandemic effects on N90 staffing 
meets the applicable waiver standards and warrants a limited waiver of 
minimum slot usage requirements at JFK and LGA to allow carriers to 
return up to 10 percent of their slots at each airport voluntarily as 
well as impacted operations between DCA and the New York airports. In 
addition, the FAA has determined the post-pandemic effects on N90 
staffing warrants a limited policy for prioritizing returned operations 
at EWR to allow carriers to return 10 percent of their approved 
operating timings voluntarily, for purposes of establishing a carrier's 
operational baseline in the next corresponding season. Carriers wishing 
to return their slots and approved operating timings voluntarily must 
do so before April 30, 2023 to be eligible for this waiver. If carriers 
participating in this limited waiver at EWR subsequently operate 
unapproved flights at that airport, those carriers will forfeit their 
scheduling preference to an equal number of returned approved operating 
timings chosen at the FAA's discretion for the subsequent equivalent 
traffic season. Additionally, any other relief from minimum slot usage 
requirements or standard level 2 processes already in effect at JFK, 
LGA, or EWR will factor into the 10 percent of allowable returns. In 
other words, any returns made under a relief policy already in effect 
when this notice is published will count towards the carrier's 10 
percent of allowable returns. Further, the FAA encourages carriers to 
up-gauge aircraft serving the affected airports to the extent possible 
to maintain passenger throughput and minimally impact consumers.
    The FAA will not reallocate the returned slots or approved 
operating timings at JFK, LGA, or EWR, as the goal is to reduce the 
volume of operations in the New York region. Carriers are encouraged to 
utilize their DCA slots in other markets before returning them to the 
FAA. In the event DCA slots are returned under this waiver, other 
carriers will have an opportunity to operate the slots on an ad hoc 
basis without historic precedence to serve markets other than New York.
    The FAA will treat as used the specific slots returned in 
accordance with the conditions in this document for the period from May 
15, 2023, through September 15, 2023. The relief is subject to the 
following conditions:
    1. The specific slots and approved operating timings must be 
returned to the FAA before April 30, 2023.
    2. This waiver applies only to slots that have corresponding, 
scheduled operations during the period of the grant. A carrier 
temporarily returning a slot to FAA for relief under this waiver must 
identify corresponding scheduled operation. FAA may validate 
information against published schedule data as of March 14, 2023, and 
other operational data maintained by FAA. Slots returned without an 
associated scheduled and cancelled operation will not receive relief.
    3. Slots or approved operating timings newly allocated for initial 
use before October 28, 2023, are not eligible for relief.
    4. Slots authorized at DCA by Department of Transportation or FAA 
exemptions are not eligible for relief.

    Issued in Washington, DC, on March 22, 2023.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-06313 Filed 3-22-23; 4:15 pm]
BILLING CODE 4910-13-P