[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Rules and Regulations]
[Pages 54873-54875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17419]



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 Rules and Regulations
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  Federal Register / Vol. 88 , No. 155 / Monday, August 14, 2023 / 
Rules and Regulations  

[[Page 54873]]



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, September 
16, 2023, Through October 28, 2023

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

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

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SUMMARY: The FAA has determined to extend through October 28, 2023, the 
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) the FAA has 
already made available through September 15, 2023. 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 
September 16, 2023, through October 28, 2023. In addition, the FAA has 
determined to extend through October 28, 2023, the limited policy for 
prioritizing returned operations at Newark Liberty International 
Airport (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 September 16, 2023, through October 28, 2023. These 
extensions through October 28, 2023, are available on the same 
conditions and limitations as the relief that the FAA already has 
announced through September 15, 2023. Carriers seeking to take 
advantage of this relief must identify the slots and approved operating 
timings they wish to return to the FAA before September 2, 2023.

DATES: This action is effective August 14, 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

    In the notice that FAA issued on March 22, 2023, the FAA announced 
certain relief from May 15, 2023, through September 15, 2023, allowing 
carriers to return operations at DCA, EWR, JFK, and LGA due to post-
pandemic effects on ATC staffing at the N90.\1\ N90 provides ATC 
services to overhead flights in the Northeast corridor and to the New 
York City area airports, including 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. The 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 FAA's ability to 
provide expeditious services to aircraft operators and their passengers 
that traverse this airspace.
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    \1\ See 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, 88 FR 18032, 
(Mar. 27, 2023.)
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    The relief provided by the FAA during the peak of the summer season 
has provided stability at the NYC area airports. During the period of 
May 15, 2023, through June 30, 2023, the total number of scheduled 
operations at JFK, LGA and EWR, compared to the same period in 2022, 
was up about one (1) percent while cancellations were down about 40 
percent, and Ground Delay Programs (GDPs) and Ground Stops (GSs), were 
down 20 percent. The FAA continues to monitor performance at N90 and 
assess options for addressing the staffing shortages. As FAA efforts 
will not be completed in time to address the near-term anticipated 
operational impacts in the remainder of the summer 2023 scheduling 
season, the FAA plans to extend the existing relief until October 28, 
2023.

Petitions Received

    On June 28, 2023, the FAA received a petition from United Airlines, 
Inc. (United) requesting an extension of the current Summer 2023 
limited waiver through the end of the summer 2023 season, October 28, 
2023.\2\ United stated that, ``Historically, slots and timings are set 
for entire seasons, enhancing predictability, and effecting the 
baseline for the next corresponding season.'' \3\ Without an extension 
of the current waiver, United states that it will ``be forced to resume 
operating all slots at LGA and return to its full baseline level of 
operations at EWR.'' United also stated that the FAA has not 
transferred responsibility for the Newark radar sector from N90 to the 
Philadelphia TRACON (PHL).
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    \2\ The FAA received a letter dated July 26, 2023, from American 
Airlines, Inc. requesting that the FAA extend the current limited, 
conditional waiver of the minimum usage requirement through the 
summer 2023 season as well as the winter 2023/2024 season. The FAA 
will address this request, and any other received request for the 
winter 2023/2024 season separately.
    \3\ United at 1.
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    On August 7, 2023, the FAA received a petition from Airlines for 
America (A4A) requesting identical relief to that requested by United. 
In addition, A4A requested the FAA ``make public the data relating to 
progress on hiring and certifying air traffic controllers at critical 
facilities.''

[[Page 54874]]

Standard

    At JFK and LGA, each slot must be used at least 80 percent of the 
time.\4\ 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.\5\
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    \4\ 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).
    \5\ 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.\6\ 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.\7\
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    \6\ See 14 CFR 93.227(a).
    \7\ 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 on slot usage in anticipation of the FAA 
granting a slot usage waiver.

Analysis

    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 remainder 
of the summer 2023 scheduling season. Given this fact, along with the 
fact that slots and timings are historically set for entire seasons, as 
United noted, the FAA will waive the minimum slot usage requirements at 
JFK and LGA, and apply a similar policy of prioritizing returned 
operations at EWR, to enable scheduling and operational stability 
during significant NAS impact days through the remainder of the Summer 
2023 season.
    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.
    The FAA previously mentioned in the current Summer 2023 waiver that 
the FAA was progressing towards a solution to the N90 staffing issues, 
based on moving responsibility for the Newark, New Jersey radar sector 
from N90 to the PHL.\8\ As FAA continues to evaluate solutions, the FAA 
finds a basis for granting the petition for relief.
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    \8\ See 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, 88 FR 18032, 
(Mar. 27, 2023.)
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    Without an extension of this waiver, carriers would be forced to 
increase their scheduled operations from September 16, 2023, through 
October 28, 2023, to meet usage requirements. This waiver will give 
carriers the ability to reduce operations during the remainder of the 
summer travel period and reduce corresponding delays which are likely 
to be exacerbated by the effects of ATC staffing shortfalls on 
significant NAS impact days.
    Carriers should be on notice that N90 staffing shortfalls will not 
form a sufficient basis for relief for the summer 2023 season beyond 
this waiver 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.

Decision

    The FAA has determined that the current post-pandemic effects on 
N90 staffing meet the applicable waiver standards for the remainder of 
the summer 2023 scheduling season. Given carriers' historical 
scheduling practices and the experience of the summer 2023 season, the 
FAA finds it appropriate to extend the limited waiver of minimum slot 
usage requirements at JFK and LGA to allow carriers to return up to 
(10) ten percent of their slots at each airport voluntarily as well as 
impacted operations between DCA and the New York airports from 
September 16, 2023, through October 28, 2023. In addition, the FAA has 
determined that the current post-pandemic effects on N90 staffing 
warrant an extension of the limited policy for prioritizing returned 
operations at EWR to allow carriers to return (10) ten percent of their 
approved operating timings voluntarily from September 16, 2023, through 
October 28, 2023, 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 September 2, 2023, i.e., at least 14 days prior to, 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) ten 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 minimize the impact on consumers.
    The FAA will not reallocate the returned slots or approved 
operating timings at JFK, LGA, or EWR. 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. 
In addition, the FAA acknowledges A4A's request for data relating to 
air traffic controller staffing at critical facilities, given the 
breadth of this request and the timing of this notice the agency's 
response to this request will be forthcoming.
    The FAA will treat as used the specific slots returned in 
accordance with the conditions in this notice for the

[[Page 54875]]

period from September 16, 2023, through October 28, 2023. The relief is 
subject to the following conditions:
    1. The specific slots and approved operating timings must be 
returned to the FAA before September 2, 2023.
    2. This waiver applies only to slots that have corresponding, 
scheduled operations during the period of the grant. A carrier 
returning a slot or approved operating time to FAA for relief under 
this waiver must identify corresponding scheduled operations. The FAA 
may validate information against published schedule data prior to 
issuance of this notice, and other operational data maintained by FAA. 
Slots or operating times returned without an associated scheduled and 
canceled 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 the Department of Transportation or 
FAA exemptions are not eligible for relief.

    Issued in Washington, DC, August 9, 2023.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-17419 Filed 8-11-23; 8:45 am]
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