[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41486-41489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10297]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


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 October 28, 2022. The Order remains effective 
until October 24, 2026.

DATES: This action is effective on October 27, 2024.

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, Capacity Analysis and Slot 
Administration, FAA ATO System Operations Services, AJR-G5, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591; telephone (202) 267-2822; email [email protected].

[[Page 41487]]


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, Capacity Analysis and Slot Administration 
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, September 18, 2020, and on October 
28, 2022.\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; 85 FR 58258; and 87 FR 65161.
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    Under this Order, as amended, the FAA (1) maintains the current 
hourly limits of 81 scheduled operations at JFK 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 2022-
2024 period, 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 Winter 2023/2024 scheduling season, the 
allocated slots in the busiest hours were generally at the limits under 
this Order. For the Summer 2024 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. 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).
    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\
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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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    Accordingly, the FAA is extending the expiration date of this Order 
until October 24, 2026. This expiration date coincides with the 
extended expiration date for the Order limiting operations at LGA, as 
also published elsewhere in the Federal Register.
    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 continues to study and analyze 
airport runway configurations, capacity, 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 2024/2025 
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\
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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.
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    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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    \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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[[Page 41488]]

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 24, 2026.
    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.
    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, email [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, email 7-
[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

[[Page 41489]]

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 May 7, 2024.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2024-10297 Filed 5-10-24; 8:45 am]
 BILLING CODE 4910-13-P