[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49256-49259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12690]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Staffing-Related Relief Concerning Operations at Ronald Reagan 
Washington National Airport, John F. Kennedy International Airport, 
LaGuardia Airport, and Newark Liberty International Airport, October 
27, 2024, Through March 29, 2025 (Winter 2024/2025) and March 30, 2025, 
Through October 25, 2025 (Summer 2025)

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

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

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SUMMARY: This action extends the Staffing-Related Relief Concerning 
Operations at Ronald Reagan Washington National Airport, John F. 
Kennedy International Airport, LaGuardia Airport, and Newark Liberty 
International Airport, published on September 20, 2023, from October 
27, 2024, through March 29, 2025 (Winter 2024/2025) and March 30, 2025, 
through October 25, 2025 (Summer 2025). The limited waiver remains 
effective until October 25, 2025, and does not apply to any slots 
granted by the Department of Transportation pursuant to section 505 of 
the FAA Reauthorization Act of 2024.

DATES: This action is applicable 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, 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) 
currently provides Air Traffic Control (ATC) services to overhead 
flights in the Northeast corridor and to the New York City area 
airports, including John F. Kennedy International Airport (JFK), 
LaGuardia Airport (LGA), and Newark Liberty International Airport 
(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 continues to face staffing shortfalls 
that are impacting ATC's ability to efficiently manage the volume of 
air traffic in this congested airspace despite best efforts to resolve 
staffing shortfalls.
    The FAA has made significant changes to increase N90 staffing 
through a combination of incentive and training programs, as well as by 
relocating control of the EWR area from N90 to the Philadelphia 
Terminal Radar Approach Control (PHL) beginning in late July of this 
year to relieve N90 staffing pressures. The FAA has determined N90 will 
need to reach at least 70% of its targeted number of onboard Certified 
Professional Controllers (CPCs) before ATC can efficiently manage the 
full capacity of the New York airspace that was in place prior to May 
15, 2023. The operational impact of changes to address N90 staffing 
shortages will not be realized immediately but do chart a path to 
mitigating the impact in the next 18-24 months.
    The targeted staffing number at N90 is 226 CPCs; the current CPC 
onboard number at N90 is 135 (59.7% staffed). CPCs at N90 presently are 
divided between five different areas: EWR, Long Island MacArthur 
Airport (ISP), JFK, LGA and the Liberty area. The N90 EWR area 
currently has 33 CPCs; 24 of the 33 EWR area CPCs will be transferred 
to PHL in July, the remaining 9 EWR CPCs will be reassigned to the 
other remaining areas in N90. Transferring control of the EWR area to 
PHL and adding 9 CPCs to the remaining N90 areas will result in an 
estimated staffing level of 68% of the targeted number of onboard CPCs 
at the areas remaining in N90 by the end of 2025. Control of EWR area 
will remain at PHL; however, of the 24 CPCs transferred to PHL, 18 are 
planned to return to N90 at the end of July 2026 and will be 
redistributed to the remaining N90 areas. The FAA estimates that the 
collective redistribution of 27 former EWR CPCs to the other areas of 
N90, along with the removal of EWR area servicing responsibilities, 
should result in N90 exceeding the 70% mark by the conclusion of 2026. 
At PHL, actions are currently underway to start CPC trainees to service 
the EWR area and replace the 18 EWR area CPCs that will return to N90 
at the end of July 2026. Unlike N90, there is a robust pipeline of 
experienced controllers interested in transferring to PHL. This 
pipeline of personnel will allow the FAA to build up CPC staffing for 
the EWR area at PHL more quickly than has been experienced at N90. 
Regardless, the FAA will continue to invest in staffing at N90 to meet 
anticipated future needs.
    With ever-growing demand for air travel in the New York City 
region, additional measures are necessary to ensure the FAA is able to 
provide expeditious services to aircraft operators and their passengers 
that traverse this airspace. Early discussions with carriers indicate 
an interest in increasing operations after October 27, 2024, through 
most of the Winter 2024/2025 scheduling season and for all of the 
Summer 2025 scheduling season. This being the case, the FAA expects 
increased delays and cancellations in the New York region to exceed 
those experienced over Summer 2022 and Winter 2022/2023 \1\ if a waiver 
similar to

[[Page 49257]]

the one that has been in effect for the Summer 2023, Winter 2023/2024, 
and Summer 2024 season is not in place for the Winter 2024/2025 and 
Summer 2025 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.
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    \1\ Refer to ``Analysis'' section for delay analysis.
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Summary of Petitions Received

    On April 3, 2024, Airlines for America (A4A) submitted a petition 
of behalf of its member carriers \2\ requesting an extension of the 
current relief provided by FAA due to post-pandemic effects on ATC 
staffing at N90 through the end of the Summer 2025 season. A4A asserts 
that the current slot waiver successfully created a better travel 
experience for consumers and that the underlying conditions creating 
the need for a waiver still exist as staffing shortages persist. In 
addition, A4A requests that FAA restore carriers' ability to request 
retroactive relief if the impacts of controller staffing shortages are 
even more severe than anticipated and that the FAA not reallocate 
returned slots for ad-hoc use during the waiver period. Finally, A4A 
requests that FAA make a timely decision regarding relief as time is 
needed to give carriers stability and the ability to plan.
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    \2\ A4A members are Alaska Air Group, Inc.; American Airlines 
Group, Inc.; Atlas Air Worldwide Holdings, Inc.; Delta Air Lines, 
Inc.; FedEx Corp.; Hawaiian Airlines; JetBlue Airways Corp.; 
Southwest Airlines Co.; United Airlines Holdings, Inc.; and United 
Parcel Service Co. Air Canada is an associate member. Alaska 
Airlines did not join in the submission of A4A's letter.
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    On April 5, 2024, the International Air Transport Association 
(IATA) submitted a petition on behalf of its member carriers \3\ in 
support of A4A's request for an extension of the current slot relief 
through the end of the Summer 2025 season and other relief to protect 
the traveling public from operational disruptions. IATA asserts that 
the current relief allowed for careful planning by airlines and 
resulted in a notably better travel experience for consumers. IATA 
requests that FAA grant this relief by May 1, 2024, so that carriers 
can make the complex aircraft and human capital decisions necessary to 
serve the flying public.
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    \3\ IATA is the trade association of the world's airlines, 
comprising some 320 member airlines in more than 120 countries and 
representing approximately 83 percent of the world's total air 
traffic.
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    On April 19, 2024, the Airports Council International of North 
America (ACI-NA) submitted a petition on behalf of its member airports 
\4\ opposing A4A's request for an extension of the current slot relief. 
ACI-NA asserts that there is no proven correlation between the slot 
relief and ATC capacity shortage and that slot usage waivers in general 
only serve to protect market access for incumbents. It seeks 
information surrounding and supporting the decision to grant slot 
relief for impacted New York airports and requests the FAA to provide 
an opportunity to the public to comment on A4A's request for relief.
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    \4\ ACI-NA is an organization representing local, regional, and 
state governing bodies that own and operate more than 300 airports 
operating in the United States; and nearly 400 aviation-related 
businesses. The ACI-NA Slot Task Force comprises all Level 2 and 
Level 3 airports in the United States.
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Standard

    At JFK and LGA, slot-holding carriers must use each assigned slot 
at least 80 percent of the time.\5\ 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.\6\
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    \5\ Operating Limitations at John F. Kennedy International 
Airport, 89 FR 41486 (May 13, 2024); Operating Limitations at New 
York LaGuardia Airport, 89 FR 41484 (May 13, 2024).
    \6\ 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, 89 FR at 41488. 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, 89 FR at 
41485.
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    At Ronald Reagan Washington National Airport (DCA), the FAA also 
will recall any slot not used at least 80 percent of the time over a 
two-month period.\7\ 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.\8\
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    \7\ See 14 CFR 93.227(a).
    \8\ 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 their own risk if they make scheduling decisions in 
anticipation of the FAA granting a slot usage waiver.

Analysis

    The number of certified controllers at N90 is still not sufficient 
to allow the FAA to handle normal traffic levels. The FAA has worked 
with NATCA on a long-term solution to solve thechronic low levels of 
fully certified air traffic controllers at that facility through a 
combination of incentive and training programs, as well as relocating 
control of the EWR area to PHL. The FAA will continue to partner with 
NATCA as it continues efforts to remediate ATC staffing shortages at 
N90.
    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 
2024/2025 and Summer 2025 scheduling seasons. Absent increased 
flexibility, the FAA anticipates a high likelihood of congestion, 
delay, and cancellations 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 expected 
numbers of scheduled operations for the Winter 2024/2025 and Summer 
2025 scheduling seasons present a highly unusual and unpredictable 
condition beyond the control of carriers that will impact operations 
through the entire Winter 2024/2025 and Summer 2025 scheduling seasons.
    Using the Annual Service Volume (ASV) model,\9\ the FAA projected 
the delay the NYC airports would experience in the absence of a waiver 
for Summer 2024.\10\ Using Summer

[[Page 49258]]

2022 data \11\ as baseline comparison, the FAA estimates Summer 2024 
would experience increased operations by 8.8% to 11%,\12\ which would 
result in 2.3 to 2.8 million minutes of additional delay, or 53% to 65% 
additional delay, compared to the delay experienced in Summer 2022. At 
a minimum, the FAA expects these delay numbers to remain valid through 
Summer 2025.
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    \9\ FAA-developed modeling suite of tools for conducting 
operational impact analysis for airports and to establish the annual 
service volume for airports. ASV simulations relate total annual 
operations to a target delay value and are used by FAA in reports to 
Congress that identify the airports projected to constrain the NAS. 
See https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/perf_analysis/sim_tools.
    \10\ The FAA projected a Summer 2024 scenario because the FAA 
has already received the air carrier schedules for the Summer 2024 
scheduling season, and demand is not likely to decrease in 2025.
    \11\ Summer 2022 data is used as baseline for comparison because 
this was the last summer scheduling season unaffected by the ATC 
waivers.
    \12\ Under the current waiver, carriers returned 9% of their 
initially submitted schedules. Compared to Summer 2023, scheduled 
operations in Summer 2024 increased by 2%. If the FAA assumes an 80% 
actual usage rate, that results in 8.8% (that is, ((0.09 + 0.02) x 
0.8 = 0.088) increase of actual operations. If the FAA assumes 100% 
actual usage rate, then that would be an 11% (0.09 + 0.02) increase.
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    Therefore, a waiver of minimum slot usage requirements at JFK and 
LGA, and a similar policy of prioritizing returned operations at EWR, 
through October 25, 2025, is necessary to allow carriers to reduce 
operations to enable scheduling and operational stability for the 
benefit of the flying public.
    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, except that the limited waiver of the minimum slot usage 
requirements is not available for any slots granted by the DOT pursuant 
to section 505 of the FAA Reauthorization Act of 2024 (Pub. L. 118-63)
    Carriers have the ability to request retroactive relief; however, 
they should be aware that the N90 staffing shortfalls will not likely 
form a sufficient basis for further relief going forward in the Winter 
2024/2025 and Summer 2025 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 2024/2025 and Summer 2025 scheduling 
season will likely 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. Despite staffing projections 
indicating N90 will not reach 70% of the targeted staffing level until 
the conclusion of 2026, the FAA is taking a measured approach and 
providing relief in this waiver notice only until the end of the Summer 
2025 scheduling season. The FAA will re-evaluate the staffing levels at 
N90 and the impact to operations in the New York City area before 
deciding if a waiver beyond the Summer 2025 scheduling season is 
necessary. Carriers seeking to return their slots and approved 
operating timings must do so by August 15, 2024, for the Winter 2024/
2025 scheduling season (October 27, 2024, through March 29, 2025); and 
by January 15, 2025, for the Summer 2025 scheduling season (March 30, 
2025, through October 25, 2025) 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. The FAA will 
closely coordinate with the Department of Transportation, which will be 
monitoring for indications of unfair, deceptive, or anticompetitive 
practices or other unlawful economic activity associated with or 
resulting from the relief granted by this notice. In addition, the FAA 
expects 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 total 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 27, 2024, through March 29, 2025 (Winter 2024/2025) and March 
30, 2025, through October 25, 2025 (Summer 2025).
    The relief is subject to the following conditions:
    1. The specific slots and approved operating timings must be 
returned to the FAA by August 15, 2024, for the Winter 2024/2025 
scheduling season; and by January 15, 2025, for the Summer 2025 
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 2024/2025, or approved slots or operating timings 
for Summer 2025. 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 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.
    5. Carriers must not engage in unfair, deceptive, or 
anticompetitive practices regarding their slot usage, leasing 
agreements, or operations associated with the relief provided by this 
notice.


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    Issued in Washington, DC, on June 5, 2024.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2024-12690 Filed 6-10-24; 8:45 am]
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