[Federal Register Volume 90, Number 99 (Friday, May 23, 2025)]
[Notices]
[Pages 22147-22150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09376]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Operating Limitations at Newark Liberty International Airport,
Interim Order Establishing Targeted Scheduling Limits
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.
ACTION: Interim order establishing targeted scheduling limits at Newark
Liberty International Airport.
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I. Introduction
This interim Order establishes a temporary reduced targeted
scheduling limit on the number of scheduled operations at Newark
Liberty International Airport (EWR) reflected in authorized scheduled
timings. The Acting Administrator of the Federal Aviation
Administration (FAA) is issuing this Order as a result of a persistent
number of flights above capacity at EWR. This Order is intended to
relieve the substantial inconvenience to the traveling public caused by
excessive flight delays at the airport due to construction, staffing
challenges, and recent equipment issues, which magnify as they spread
through the National Airspace System. This Order aims to provide a more
efficient use of the nation's airspace and alleviate temporary
conditions exacerbating delays at EWR. This Order takes effect on May
20, 2025, and will expire upon the implementation of a final order.
II. Background
The U.S. Government has exclusive sovereignty over the airspace of
the United States.\1\ Under this broad authority, Congress has
delegated to the Administrator extensive and plenary authority to
ensure the safety of aircraft and the efficient use of the nation's
navigable airspace. In this regard, the Administrator is required to
assign the use of navigable airspace by regulation or order under such
terms, conditions and limitations as he may deem necessary to ensure
its efficient use.\2\ The Administrator may modify or revoke an
assignment when required in the public interest.\3\ Furthermore, in
carrying out the Administrator's safety responsibilities under the
statute, the Administrator must consider controlling the use of the
navigable airspace and regulating civil operations in that airspace in
the interest of the safety and efficiency of those operations.\4\
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\1\ 49 U.S.C. 40103.
\2\ 49 U.S.C. 40103(b)(1), as previously codified in 49 U.S.C.
App. Sec. 307(a). Title 49 was recodified by Public Law 103-222,
108 Stat. 745 (1994). The textual revisions were not intended to
result in substantive changes to the law. The recodification stated
that the words in Sec. 307(a) ``under such terms, conditions, and
limitations as he may deem'' were omitted as surplus. H. Rpt. 103-
180 (103d Cong., 1st Sess. 1993) at 262.
\3\ Id.
\4\ 49 U.S.C. 40101(d)(4).
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The FAA's statutory authority to manage ``the efficient use of
airspace'' encompasses its management of the nationwide system of air
commerce and air traffic control. Ensuring the efficient use of the
airspace means that FAA must take all necessary steps to prevent
extreme congestion at an airport from disrupting or adversely affecting
the overall air traffic system for which FAA is responsible. Further,
delays at EWR frustrate the efficient operations of air carriers
transporting passengers to and from this important region. The impacts
of delays at EWR spread throughout the NAS, resulting in substantial
economic loss for the traveling public, air carriers, shippers, and
others.
EWR Level 2 Designation
On April 6, 2016, FAA designated EWR as a Level 2 schedule-
facilitated airport under the International Air Transportation
Association (IATA)
[[Page 22148]]
Worldwide Slot Guidelines (WSG), effective October 30, 2016.\5\
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\5\ 81 FR 19861 (April 6, 2016).
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The FAA does not allocate slots, apply historic precedence, or
impose minimum usage requirements at EWR. Level 2 schedule facilitation
depends upon close and continuous discussions and voluntary agreement
between airlines and FAA to reduce congestion. At Level 2 airports, FAA
provides priority consideration for flights approved by FAA and
operated by the carrier in those approved times in the prior scheduling
season when FAA reviews proposed flights for facilitation in the next
corresponding scheduling season. Only those flights that were actually
operated as approved in the prior scheduling season generally receive
priority for the next corresponding scheduling season. However, FAA
notes that the usual Level 2 processes include flexibility for the
facilitator to prioritize planned flights that are canceled in advance
or on the day of the scheduled operation due to operational impacts
beyond the control of the carrier.
Although FAA redesignated EWR from a Level 3 to Level 2 airport in
2016, FAA has continuously monitored the airport's performance due to
its prominence in the NAS and impact on the system overall. As such,
EWR implemented targeted scheduling limits in an effort to minimize
delay and congestion. The current baseline targeted scheduling limit
for EWR is 77 operations per hour.\6\ The FAA has implemented a number
of mitigations to address delays at the airport due to staffing
challenges and runway construction.
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\6\ 89 FR 43501 (May 17, 2024).
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Staffing-Related Relief at EWR
On March 27, 2023, FAA announced a limited policy for prioritizing
up to ten percent of a carrier's returned operations at EWR, due to
post-pandemic effects on ATC staffing at New York Terminal Radar
Approach Control (TRACON)(N90), for purposes of establishing a
carrier's operational baseline in the next corresponding season.\7\ The
FAA determined that the interdependency and complexity of the airspace,
number of flights into the New York City region, and N90 staffing
shortfalls met the applicable waiver standard for the N90's Level 3
airports and justified an offer of relief for carriers at EWR. The FAA
extended this relief through the close of the Summer 2025 Scheduling
Season.\8\ This relief is part of a continuous effort, in partnership
with air carriers, to manage traffic at EWR safely and efficiently
while staffing levels improve.
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\7\ 88 FR 18032 (March 27, 2023).
\8\ 90 FR 12931 (March 19, 2024).
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EWR Construction
On November 20, 2024, FAA announced a limited, conditional policy
for prioritizing returned operations at EWR due to a construction-
related runway closure at EWR for purposes of establishing a carrier's
operational baseline in the next corresponding scheduling seasons.\9\
Runway 4L-22R has been and remains closed daily from April 15, 2025,
through June 15, 2025. Weekend closures of Runway 4L-22R were scheduled
from March 1, 2025, to April 14, 2025, and will resume September 1,
2025, to December 31, 2025, from Friday at 11:00 p.m. through 5:00 a.m.
on Sunday, Eastern Time.
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\9\ 89 FR 91544 (November 20, 2024).
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The FAA worked with carriers to address the impact this runway
closure has on scheduled operations for the Summer 2025 and Winter
2025/2026 scheduling seasons. The FAA requested that carriers reduce
operations from April 15, 2025, through June 15, 2205, to no more than
35 arrivals per hour from 6:00 a.m. to 2:00 p.m., Eastern Time and no
more than 31 arrivals per hour from 3:00 p.m. to the end of the day,
Eastern Time. The FAA also requested that carriers reduce operations to
no more than 35 departures per hour through 4:00 p.m., Eastern Time,
and no more than 31 departures per hour from 5:00 p.m. through the end
of the day, Eastern Time. The FAA stated that no new requested timings
would be approved during the runway closure period.
Air Traffic Controller Staffing Status
Since July of 2024, Philadelphia TRACON (PHL) has been the TRACON
facility responsible for overseeing the Newark area. PHL's targeted
staffing number is 114 Certified Professional Controllers (CPCs); the
current onboard number at PHL is 82, representing 71.9% staffed. Area
C, overseeing the Newark area, has a targeted staffing number of 38
CPCs, with its current staff of 24 CPCs representing 63% staffed. Under
an arrangement by the previous administration, by the end of July 2026,
16 CPCs currently assigned to Area C will return to N90, which
previously oversaw the Newark area. Actions are currently underway to
train CPCs for Area C and to replace those 16 CPCs. PHL currently has
26 trainees, and many of these have previous experience at higher level
facilities and are expected to certify in less time than typical. This
pipeline of personnel will allow FAA to build up CPC staffing for Area
C.
Equipment Outages
EWR recently experienced technology issues at PHL which guides
aircraft in and out of the airport.\10\ The FAA is taking steps to
immediately shore up the reliability of equipment and operations at EWR
in light of these outages. However, these outages lead to disruptions
in operations causing delays and impact CPCs serving the airport.
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\10\ Update: Newark Liberty International Airport, FAA General
Statements (May 7, 2025). FAA General Statements [verbar] Federal
Aviation Administration
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III. Decision To Convene a Delay Reduction Meeting
The convergence of underlying staffing challenges, PHL equipment
issues caused by an antiquated air traffic control system, and runway
closures due to construction has resulted in the current operational
levels at EWR becoming untenable.
Congress authorized the Secretary of Transportation to ask U.S. air
carriers to meet with the FAA to discuss flight reductions at severely
congested airports to reduce overscheduling and flight delays during
peak operating hours.\11\ Under this authority, the Secretary and
Acting Administrator of the FAA determined that such a meeting was
necessary to address delays and congestion at EWR.
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\11\ 49 U.S.C. 41722(a).
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Through a notice issued on May 14, 2025, and published in the
Federal Register, FAA invited U.S. air carriers with scheduled
operations at EWR and the Port Authority of New York and New Jersey
(PANYNJ) to attend the scheduling reduction meeting commencing on May
14, 2025.\12\ The FAA invited all other interested parties and persons
to submit information on the subject of operations at EWR to a public
docket for FAA's consideration in issuing this Order.
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\12\ 90 FR 20545 (May 14, 2025).
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IV. Determination of Operational Targets
The statute authorizing the Administrator to conduct a scheduling
reduction meeting requires FAA to establish operational targets for the
efficient scheduling of the airport.\13\ The FAA announced the proposed
operational targets in the Notice of the Delay Reduction Meeting and
invite to carriers. The FAA reviewed the current delay and cancellation
rates at EWR against the approved schedules during
[[Page 22149]]
the construction period and for the remainder of Summer 2025 Scheduling
Season. As previously stated in the Notice of the Delay Reduction
Meeting announcing the scheduling reduction meeting, since April 15,
2025, cancellations at EWR are occurring at a rate of one to four per
hour, with an increase in the afternoon and evening, averaging about 34
arrival cancellations per day.\14\ The number of delayed arrivals is
consistently high, beginning with an average of five in the 7:00 a.m.
hour and increasing throughout the day to an average of 16 between 7:00
p.m. and 11:00 p.m., Eastern Time. The average delay duration is 85
minutes at 7:00 a.m. and increases to 137 minutes at 5:00 p.m., Eastern
Time. This rate declines, but holds, at about 100 minutes per flight at
the end of the day. Overall, the data shows variability in scheduled
versus actual arrivals, with a corresponding increased level of delayed
arrivals across the hours of the day.
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\13\ 49 U.S.C. 41722(c).
\14\ 90 FR 20545, 20546 (May 14, 2025).
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Based on FAA's analysis of the data, FAA proposed an hourly arrival
rate of no more than 28 operations, with a corresponding hourly
departure rate of 28 operations, resulting in no more than 56 total
operations per hour during the remainder of the construction
period.\15\ The construction period is defined as the daily closure of
Runway 4L/22R until June 15, 2025, and weekends from September 1, 2025,
through December 31, 2025, from Friday at 11:00 p.m. through 5:00 a.m.
on Sunday, Eastern Time. Outside of the construction period, through
the end of Summer 2025 scheduling season ending on October 25, 2025,
FAA proposed a targeted scheduling rate of 34 arrivals per hour, with a
corresponding departure rate of 34 operations, resulting in no more
than 68 total operations per hour. The FAA determines that this
operational target would reduce overscheduling, flight delays, and
cancellations to an acceptable level at EWR and ensure the efficient
use of the NAS. These operational targeted scheduling limits for this
period will take place between 6:00 a.m. and 10:59 p.m., Eastern Time.
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\15\ Foreign carrier operations are factored into each reduced
targeted scheduling limit.
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V. Meetings With the U.S. Air Carriers
The FAA convened the scheduling reduction meeting with the U.S. air
carrier participants and representatives from the PANYNJ on May 14,
2025, and the meetings continued until its recess on May 16, 2025. The
FAA had separate meeting sessions over the three days with seven air
carriers and the PANYNJ. In these meetings, FAA and carriers discussed
voluntary modifications to schedules during the construction period and
through the rest of the Summer 2025 Scheduling Season. Representatives
of the Department of Justice's Antitrust Division and the Department of
Transportation monitored the joint and individual meeting sessions of
the scheduling reduction meeting. In addition, the in-person sessions
were transcribed.\16\
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\16\ The FAA has not yet formally adjourned the meeting. In the
event that further meeting sessions are required, the meeting is in
recess status prior to the issuance of final order to provide
parties the opportunity to make additional voluntary schedule
reductions and modifications.
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The FAA stated that immediate action is required to address the
situation at EWR. Since the daily runway closures conclude on June 15,
2025, and this schedule reduction meeting occurred during the Summer
2025 Scheduling Season, there is a limited window to implement schedule
modifications. The FAA commends the carriers, especially United
Airlines, Spirit Airlines, Allegiant Airlines, Alaska Airlines, and
American Airlines, that made substantial schedule adjustments to
accommodate the reduced rate during the construction period prior to
the meetings.
The discussions were productive and, by the time of the meeting
recess, participating carriers contributed a level of reduction almost
at the proposed targets. On Friday, May 16, 2025, the FAA stated that
further discussions with participating carriers will be necessary to
finalize the reductions and re-timings proposed and agreed upon in the
individual sessions.
On Monday, May 19, 2025, FAA determined that additional reductions
were necessary for specific hours and subsequently advised those
carriers affected by further reductions. The FAA has confirmed with
each carrier their remaining operations following these reductions.
These confirmed operations are designated authorized scheduled timings
for EWR for the purposes of this interim order.
U.S. and foreign air carriers, the PANYNJ, and other interested
parties were also invited by the May 14, 2025, Federal Register notice
to provide whatever information and opinion they deemed relevant to
FAA's ultimate decision. The Notice stated that FAA will work with
foreign carriers using the IATA guidelines to address any voluntary
reductions foreign carriers would like to propose during this period.
All U.S. and foreign carriers are invited to contact the Slot
Administration Office with any additional proposed reductions or
schedule modifications that would contribute to the overall effort to
reduce operations at EWR. The FAA will take any additional proposed
reductions or modifications into consideration before issuing a final
Order in this matter.
VI. Revised Hourly Targeted Schedule Limitations
As established in the Notice and in sessions with carriers during
the delay reduction meetings, the hourly targeted schedule limitations
are reduced below current levels at two different rates depending on if
the operation falls during or outside the construction periods.
Every day until June 15, 2025, and on weekends from September 1,
2025, through December 31, 2025, from Friday at 11:00 p.m. through 5:00
a.m. on Sunday, Eastern Time, the targeted limit is no more than 28
arrivals and 28 departures per hour. Outside of the construction
period, until the close of the Summer 2025 Scheduling Season, October
25, 2025, the limit is no more than 34 arrivals and departures per
hour. The FAA will continue to work with carriers to smooth their
schedules and to adjust the timing of arriving and departing flights so
as not to overwhelm a particular hour in the event of delays or other
operational issues.
VII. Foreign Air Carriers
Prior to the issuance of a final Order, the FAA Slot Administration
Office asks that foreign carriers assess their operations at EWR and
propose any voluntary schedule reductions or modifications that may
alleviate congestion at EWR. The FAA will work with foreign carriers to
maintain historic prioritization for any previously approved timings
for the purposes of establishing an operational baseline for the next
corresponding season.
VIII. Unscheduled Operations and New Scheduled Operations
The FAA will not accommodate new unscheduled or scheduled
operations through the construction period or remainder of the Summer
2025 Scheduling Season at EWR. New operations during this time period
could exacerbate the existing conditions and undo the purpose of the
scheduling reduction meetings, which is to achieve operational
stability at EWR.
IX. Operational Flexibility
Based on FAA's experience with capacity-constrained airports, FAA
anticipates that carriers may occasionally need to modify their
[[Page 22150]]
schedule times for operational or other reasons while this Order is in
effect. Accordingly, this Order provides a mechanism through which such
carriers can modify their schedules.
Carriers operating at EWR must obtain the Administrator's written
approval before making a schedule change that would be outside the
hourly window associated with an authorized timing.
The FAA recognizes that the Winter 2025/2026 schedule submission
date was May 15, 2025. The FAA will work with carriers to accommodate
schedules proposed for Saturdays in the construction period in the
Winter 2025/2026 Scheduling Season.
The FAA recognizes that there may be unexpected times when a
carrier's operations are greatly disrupted due to operation issues,
weather, or other circumstances beyond the carrier's control. Since EWR
is a Level 2 airport, FAA will work the carrier on any additional
relief needed to prioritize impacted operations for the purposes of
establishing operational baselines for the next corresponding season.
Accordingly, with respect to scheduled flight operations at EWR,
under the authority provided to the Secretary of Transportation and the
FAA Administrator by 49 U.S.C. 40101, 40103, 40113, and 41722, it is
hereby ordered that:
1. This Order modifies the targeted scheduling limit for arrivals
and departures at EWR during the affected hours for the U.S. air
carriers who operate at EWR as reflected by scheduled authorized
timings. The FAA will not accommodate authorized scheduled timings
under this Order to any person or entity other than a certificated U.S.
air carrier with appropriate economic authority and FAA operating
authority under 14 CFR part 121, 129, or 135. This Order further
affirms that FAA will not accommodate new requests or re-timings by
other domestic or foreign carriers during the period this Order is
effective. Under this interim Order, carriers may submit additional
voluntary returns to be included in the final order. The FAA Vice
President, System Operations Services, is the final decision-maker for
determinations under this paragraph. This Order applies to the
following:
a. All U.S. air carriers conducting scheduled operations at EWR as
of the date of this Order, any U.S. air carrier that operates under the
same designator code as such carrier, and any air carrier that has or
enters into a codeshare agreement with such carrier.
b. All U.S. air carriers operating scheduled or regularly conducted
commercial service to EWR while this Order is in effect.
2. This Order modifies targeted scheduled arrivals and departures
at EWR from 6 a.m. through 10:59 p.m., Eastern Time, until October 25,
2025, and weekends from September 1, 2025, through December 31, 2025,
from Friday at 11:00 p.m. through 5:00 a.m. on Sunday.
3. This Order takes effect on May 20, 2025 and expires upon the
issuance of a final order consistent with these proceedings to allow
for continued dialogue between air carriers and FAA to finalize
schedule reductions and modifications.
4. The following procedures apply to authorized scheduled timings
at EWR:
a. Scheduled air carrier arrivals and departures should not exceed
28 per hour, respectively, from 6 a.m. through 10:59 p.m., Eastern Time
until June 15, 2025, and weekends from September 1, 2025, through
December 31, 2025, from Friday at 11:00 p.m. through 5:00 a.m. on
Sunday, Eastern Time. From June 16, 2025, through October 25, 2025,
arrivals and departures should not exceed 34 per hour, respectively,
aside from the Saturdays designated as part of the construction period
when the lower targeted rate applies.
b. The Administrator may change the targeted limits if he
determines that capacity exists to accommodate additional operations
without a significant increase in delays.
5. A carrier operating an authorized scheduled timing may request
the Administrator's approval to move any arrival or departure scheduled
from 6 a.m. through 10:59 p.m. to another half hour within that period.
Except as provided in paragraph seven, the carrier must receive the
written approval of the Administrator, or his delegate, prior to
conducting any scheduled arrival or departure. All requests to move an
authorized scheduled timing must be submitted to the FAA Slot
Administration Office, telephone (202) 267-2822 or email [email protected], and must come from a designated representative of
the carrier.
6. Notice of a swap under this paragraph must be submitted in
writing to the FAA Slot Administration Office, telephone (202) 267-2822
or email [email protected], and must come from a designated
representative of each carrier. The FAA must confirm and approve these
exchanges in writing prior to the effective date of the exchange. The
FAA will approve swaps between carriers under the same marketing
control up to 72-hours after the actual operation, but only to
accommodate operational disruptions that occur on the same day of the
scheduled operation.
7. Any authorized scheduled timing not used during the remainder of
the Summer 2025 Scheduling Season or applicable dates in the Winter
2025/2026 period will not be prioritized for the purposes of
establishing an operational baseline for the next corresponding season
unless the carrier notifies the FAA of a request for prioritization.
The FAA and DOT review such requests, and FAA will respond to the
carrier with an acknowledgement of relief.
8. If FAA determines that a further reduction in targeted scheduled
operations is needed, the FAA may call an additional scheduling
reduction meeting pursuant to 49 U.S.C. 41722.
9. The FAA will enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). A carrier that is not
a small business as defined in the Small Business Act, 15 U.S.C. 632,
will be liable for a civil penalty of up to $75,000 for every flight it
operates above the limits set forth in this Order. A carrier that is a
small business as defined in the Small Business Act will be liable for
a civil penalty of up to $16,630 for every flight it operates above the
limits set forth in this Order. The FAA also could file a civil action
in U.S. District Court, under 49 U.S.C. 46106, 46107, seeking to enjoin
any air carrier from violating the terms of this Order.
10. 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 20, 2025.
Christopher J. Rocheleau,
Acting Administrator, Federal Aviation Administration.
[FR Doc. 2025-09376 Filed 5-21-25; 8:45 am]
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