[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Rules and Regulations]
[Pages 64793-64795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20416]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / 
Rules and Regulations  

[[Page 64793]]



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, October 
29, 2023, Through March 30, 2024 (Winter 2023/2024) and March 31, 2024, 
Through October 26, 2024 (Summer 2024)

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

ACTION: Limited waiver of the slot usage requirement.

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SUMMARY: The FAA 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). 
In addition, the FAA is announcing a 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.

DATES: This action is effective September 20, 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, Capacity and Slot 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 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. Against this 
challenging backdrop, N90 is also facing staffing shortfalls that are 
impacting its ability to efficiently manage the volume of air traffic 
in this congested airspace. The FAA has made it a top priority to 
address these capacity constraints, including by dedicating significant 
resources to training a new air traffic controller workforce, and these 
efforts remain ongoing. In addition, based on FAA observations of air 
carrier operations and recent discussions with industry, there are 
likely other contributing factors, including air carrier staffing 
issues on the ground.
    With demand for air travel at a record high, additional measures 
are necessary to ensure that the FAA is able to provide expeditious 
services to aircraft operators and their passengers that traverse this 
airspace during this time of transition. Early carrier schedules/
discussions indicate an increase in operations after October 29, 2023, 
through most of the winter 2023/2024 scheduling season and for all of 
the summer 2024 scheduling season. This being the case, the FAA expects 
increased delays and cancellations in the New York region to exceed 
those experienced over winter 2022/2023 and summer 2023 if a waiver 
similar to the one in effect for summer 2023 is not in place for the 
winter 2023/2024 and summer 2024 scheduling season to allow carriers to 
reduce schedules without penalties for non-use of slots or previously 
approved operating times. Reducing schedules will improve the alignment 
between scheduled operations and actual operations, will help prevent 
unnecessary delays, will help optimize the efficient use of the 
airports' resources, and will help deliver passengers to their 
destinations more reliably and on time.

Summary of Petitions Received

    On July 26th, 2023, the FAA received a petition from American 
Airlines Inc. (American) requesting an extension of the initial summer 
2023 waiver until the end of the IATA winter 2023/2024 season. American 
contends that extending the relief will support operational integrity 
in the New York region. In addition, American argues that the winter 
season leads to unique operational challenges, particularly de-icing, 
where ramp space increasingly is congested and aircraft have a limited 
window to depart.
    On September 1, 2023, the FAA received a petition from Alaska 
Airlines, Inc. (Alaska) sharing the concerns of other carriers 
regarding the impact of ATC staffing on airspace management in the New 
York Area for an additional waiver extension but requested a waiver 
only through the winter 2023/2024 season. Alaska urges the FAA to use 
the additional tools at its disposal to help minimize operational 
disruptions before granting a long-term waiver. Alaska avers that a 
long-term waiver would fail to appropriately maximize the use of 
limited slots and potentially hinder new future competition in the New 
York market.

Standard

    At JFK and LGA, slot-holding carriers must use each assigned slot 
at least 80 percent of the time.\1\ The FAA will withdraw slots not 
meeting the minimum usage requirements. 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.\2\
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    \1\ 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).
    \2\ At JFK, the FAA will determine historical rights to 
operating authorizations and withdrawal of those rights due to 
insufficient usage 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, the FAA 
will withdraw any operating authorization not used at least 80 
percent of the time over a two-month period. See LGA Order, 87 FR at 
65160.

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[[Page 64794]]

    At DCA, the FAA also will recall any slot not used at least 80 
percent of the time over a two-month period.\3\ 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.\4\
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    \3\ See 14 CFR 93.227(a).
    \4\ See 14 CFR 93.227(j).
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    In determining 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. 
The minimum usage requirement is expected to accommodate routine 
cancellations under all but the most unusual circumstances. Carriers 
proceed at risk if they make scheduling decisions in anticipation of 
the FAA granting a slot usage waiver.

Analysis

    Due to the volume of originating and destination flights in the New 
York City region, as well as the interdependency and complexity of the 
airspace surrounding JFK, LGA, and EWR, delays caused in part by N90 
staffing shortfalls are expected to significantly impact carriers' 
ability to operate and meet minimum usage requirements in the winter 
2023/2024 and summer 2024 scheduling seasons. Absent increased 
flexibility, the FAA anticipates a high likelihood of congestion and 
delay at JFK, LGA, and EWR.
    Typically, the 20 percent non-utilization allowed under the minimum 
usage requirement accounts for cancellations due to ATC staffing 
delays; however, the extent of N90 staffing shortfalls and the increase 
in scheduled operations for the winter 2023/2024 season and expected 
increase in schedules in the summer 2024 season present a highly 
unusual and unpredictable condition beyond the control of carriers that 
will impact operations through the entire winter 2023/2024 and summer 
2024 scheduling seasons. 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. In addition, because New York 
City-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 City-DCA market, the FAA 
encourages, to the extent practical, carriers to utilize their DCA 
slots to operate to other destinations. However, if carriers choose not 
to utilize their DCA slots elsewhere, the FAA may consider providing 
relief to DCA slots that are impacted by the reduction in operations at 
the New York City airports.
    Finally, carriers should be aware that the N90 staffing shortfalls 
will not form a sufficient basis for further relief going forward in 
the winter 2023/2024 and summer 2024 scheduling seasons 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 winter 2023/2024 and 
summer 2024 scheduling season will not have been beyond carriers' 
control and will not serve as a justification for a separate waiver.

Decision

    The FAA determined that the post-pandemic effects on N90 staffing 
meet the applicable waiver standards and warrant a limited waiver of 
minimum slot usage requirements at JFK and LGA to allow carriers to 
return up to ten percent of their slots at each airport, as well as 
impacted operations between DCA and the New York City airports. In 
addition, the FAA has determined the post-pandemic effects on N90 
staffing warrant a limited policy for prioritizing returned operations 
at EWR to allow carriers to return up to ten percent of their approved 
operating timings, for purposes of establishing a carrier's operational 
baseline in the next corresponding season. Carriers seeking to return 
their slots and approved operating timings must do so by October 13, 
2023, for the winter 2023/2024 scheduling season (October 29, 2023, 
through March 30, 2024); and by December 15, 2023, for the summer 2024 
scheduling season (March 31 through October 26, 2024) to be eligible 
for relief under this waiver. For DCA, this relief is available only 
for flights impacted by operations to or from the New York City area 
airports. If carriers utilizing the relief provided under 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. Furthermore, 
the FAA expects 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 also expects carriers to 
maintain connections between the affected airports and regional 
airports to the extent possible in support of continuous scheduled 
interstate air transportation for small communities and isolated areas. 
In addition, the FAA urges carriers to return scheduled operations in 
the peak delay periods of the day. The following hours (in local time) 
are the most prone to delay at each airport: EWR: 1400-2159, JFK: 1300-
2259, LGA: 1300-2159.
    The FAA will not reallocate the temporarily 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 City 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.
    The FAA will treat as used the specific slots returned in 
accordance with the conditions in this notice for the period from 
October 29, 2023, through March 30, 2024 (winter 2023/2024) and March 
31, 2024, through October 26, 2024 (summer 2024).
    The relief is subject to the following conditions:
    1. The specific slots and approved operating timings must be 
returned to the FAA by October 13, 2023, for the winter 2023/2024 
scheduling season; and by December 15, 2023, for the summer 2024 
scheduling season.
    2. This waiver applies only to slots that have corresponding, 
scheduled operations during the period of the grant. A carrier 
temporarily returning a slot or approved operating time to the FAA for 
relief under this waiver must identify corresponding scheduled 
operations for winter 2023/2024, or approved slots or operating timings 
for summer 2024. The FAA may validate information against published 
schedule data prior to the 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 since the

[[Page 64795]]

previous corresponding scheduling season 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 September 15, 2023.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-20416 Filed 9-18-23; 4:15 pm]
BILLING CODE 4910-13-P