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, 18032-18034 [2023-06313]

Download as PDF 18032 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Rules and Regulations agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it establishes and amends airspace in Dallas, GA, to support IFR operations in the area. History The FAA published a notice of proposed rulemaking for Docket No. FAA–2022–1505 in the Federal Register (87 FR 74332, December 5, 2022), to establish Class E surface airspace for Paulding Northwest Atlanta Airport, Dallas, GA, to accommodate aircraft landing and departing this airport, as well as amending Class E airspace extending upward from 700 feet above the surface to accommodate RNAV GPS standard instrument approach procedures (SIAPs) serving this airport. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Incorporation by Reference Class E airspace designations are published in Paragraphs 6002 and 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic routes, and reporting points. ddrumheller on DSK120RN23PROD with RULES1 The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review This action amends 14 CFR part 71 by establishing Class E airspace surface airspace for Paulding Northwest Atlanta Airport (formerly Paulding County Regional Airport), Dallas, GA, as the airport now qualifies for surface airspace, and amends Class E airspace extending upward from 700 feet above the surface by increasing the airport radius from 6.5-miles to 7.0-miles and updating the airport’s name. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: 18:20 Mar 24, 2023 Jkt 259001 Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows: ■ Paragraph 6002 Class E Surface Airspace. * * PO 00000 * * Frm 00028 Fmt 4700 * Sfmt 4700 ASO GA E2 Dallas, GA [Established] Paulding Northwest Atlanta Airport, GA (Lat 33°54′43″ N, long. 84°56′26″ W) That airspace extending upward from the surface within a 4.5-mile radius of the Paulding Northwest Atlanta Airport Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASO GA E5 Dallas, GA [Amended] Paulding Northwest Atlanta Airport, GA (Lat 33°54′43″ N, long. 84°56′26″ W) That airspace extending upward from 700 feet above the surface within a 7-mile radius of the Paulding Northwest Atlanta Airport. Issued in College Park, Georgia, on March 17, 2023. Andreese C. Davis, Manager, Airspace & Procedures Team South, Eastern Service Center, Air Traffic Organization. [FR Doc. 2023–05973 Filed 3–24–23; 8:45 am] BILLING CODE 4910–13–P The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant the preparation of an environmental assessment. ■ The Rule VerDate Sep<11>2014 Regulatory Notices and Analyses 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, May 15, 2023, Through September 15, 2023 Federal Aviation Administration (FAA), Department of Transportation. ACTION: Limited waiver of the slot usage requirement. AGENCY: This action 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). 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 May 15, 2023, through September 15, 2023, subject to the conditions and limitations in this document. In addition, this action announces a limited policy for prioritizing returned operations at Newark Liberty International Airport SUMMARY: E:\FR\FM\27MRR1.SGM 27MRR1 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Rules and Regulations (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 May 15, 2023, through September 15, 2023, subject to the conditions and limitations in this document. Carriers seeking to take advantage of this relief must identify the slots and approved operating timings they wish to turn in before April 30, 2023. This relief is being provided to give carriers the ability to reduce operations during the peak summer travel period, which are likely to be exacerbated by the effects of Air Traffic Controller (ATC) staffing shortfalls. DATES: This action is effective March 27, 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: 7-awa-slotadmin@faa.gov. 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 al.meilus@faa.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with RULES1 Background The New York Terminal Radar Approach Control facility (N90) provides ATC services to overhead flights in the North East corridor and to the New York airports—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 already challenging backdrop, according to FAA data, nationwide Certified Professional Controller (CPC) staffing averages 81 percent while N90 is maintained at about 54 percent of its CPC staffing target. 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 the FAA’s ability to provide expeditious services to aircraft operators and their passengers that traverse this airspace. VerDate Sep<11>2014 18:20 Mar 24, 2023 Jkt 259001 During the period of May 2022 through September 2022, the total number of instances of delay to operations from JFK, LGA, and EWR totaled 41,498, with effects throughout the NAS and for which staffing was a contributing factor. Notwithstanding FAA’s efforts to address N90 CPC staffing, the staffing rate for N90 has not improved and at the same time early carrier schedules indicate an increase in operations. This being the case, for summer 2023 the FAA expects increased delays in the New York region over summer 2022. Specifically, ATO modeling indicates operations at the New York airports is projected to increase by seven (7) percent, which FAA projects will result in overall delays increasing by 45 percent.1 These projections are consistent with the 50 percent increase in the number of ground delay programs (GDPs) observed in January and February 2023 compared to the same months in 2022 at the same airports.2 The FAA is progressing towards a solution to the N90 staffing issues, based on moving responsibility for the Newark, New Jersey radar sector from N90 to the Philadelphia TRACON (PHL). Training for this sector move is slated to begin in September of this year and will take time to complete for cutover of responsibilities to PHL. Accordingly, this solution will not resolve the anticipated operational impacts in the summer 2023 scheduling season. Standard At JFK and LGA, each slot must be used at least 80 percent of the time.3 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 slotholding air carrier and which affects carrier operations for a period of five consecutive days or more.4 1 ASV studies are conducted by the Slot Administration and Capacity Analysis Group (AJR– G5) at the FAA’s William J. Hughes Technical Center. ASV analysis considers multiple runway configurations, weighted by the frequency of occurrence, and utilizes an estimation of weather conditions for each configuration in its calculation. The resulting demand-delay curve can be used to estimate the average delay that results at a given level of demand. 2 Aviation System Performance Metrics (ASPM): Key Advisories: GDP & GS Report. ASPM data can be viewed on the FAA Operations & Performance Data website (https://aspm.faa.gov/). 3 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). 4 At JFK, historical rights to operating authorizations and withdrawal of those rights due PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 18033 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.5 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.6 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 slot usage in anticipation of the FAA granting a slot usage waiver. Analysis Due to the amount of connecting flights in the New York region as well as the interdependency and complexity of the airspace surrounding EWR, JFK and LGA, delays caused by N90 staffing shortfalls could have significant impacts in the upcoming Summer traffic season. Absent increased flexibility, there exists a high probability congestion and delay at JFK, LGA, and EWR during significant NAS impact days (e.g., holiday travel spike, adverse weather) could be exacerbated by N90 staffing shortfalls. 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 summer 2023 scheduling season. 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 during significant NAS impact days through the summer 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 twomonth period will be withdrawn by the FAA. See LGA Order, 87 FR at 65160. 5 See 14 CFR 93.227(a). 6 See 14 CFR 93.227(j). E:\FR\FM\27MRR1.SGM 27MRR1 18034 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 2023 season. A reduction in the operational volume at the New York airports would also aid in reducing the severity of significant NAS impact days. 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. Finally, carriers should be aware that the N90 staffing shortfalls will not form a sufficient basis for relief going forward 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 summer 2023 scheduling season will not have been beyond the carriers control and will not serve as a valid basis for a waiver. Decision The FAA has determined the postpandemic effects on N90 staffing meets the applicable waiver standards and warrants a limited waiver of minimum slot usage requirements at JFK and LGA to allow carriers to return up to 10 percent of their slots at each airport voluntarily as well as impacted operations between DCA and the New York airports. In addition, the FAA has determined the post-pandemic effects on N90 staffing warrants a limited policy for prioritizing returned operations at EWR to allow carriers to return 10 percent of their approved operating timings voluntarily, 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 April 30, 2023 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 VerDate Sep<11>2014 18:20 Mar 24, 2023 Jkt 259001 relief from minimum slot usage requirements or standard level 2 processes already in effect at JFK, LGA, or EWR will factor into the 10 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 minimally impact consumers. The FAA will not reallocate the 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 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 to serve markets other than New York. The FAA will treat as used the specific slots returned in accordance with the conditions in this document for the period from May 15, 2023, through September 15, 2023. The relief is subject to the following conditions: 1. The specific slots and approved operating timings must be returned to the FAA before April 30, 2023. 2. This waiver applies only to slots that have corresponding, scheduled operations during the period of the grant. A carrier temporarily returning a slot to FAA for relief under this waiver must identify corresponding scheduled operation. FAA may validate information against published schedule data as of March 14, 2023, and other operational data maintained by FAA. Slots returned without an associated scheduled and cancelled 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 Department of Transportation or FAA exemptions are not eligible for relief. Issued in Washington, DC, on March 22, 2023. Marc A. Nichols, Chief Counsel. Alyce Hood-Fleming, Vice President, System Operations Services. [FR Doc. 2023–06313 Filed 3–22–23; 4:15 pm] BILLING CODE 4910–13–P PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 FEDERAL TRADE COMMISSION 16 CFR Part 1 Procedures for Oversight of the Horseracing Integrity and Safety Authority’s Annual Budget Federal Trade Commission. Final rule. AGENCY: ACTION: The Federal Trade Commission (‘‘Commission’’) is issuing rules pursuant to the Horseracing Integrity and Safety Act (‘‘Act’’) to provide procedures for the Commission’s oversight of the annual budget of the Horseracing Integrity and Safety Authority (‘‘Authority’’). DATES: This rule is effective on March 27, 2023. FOR FURTHER INFORMATION CONTACT: John H. Seesel (202–326–2702), Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: The Horseracing Integrity & Safety Act,1 enacted on December 27, 2020, and amended on December 29, 2022, directs the Federal Trade Commission to oversee the activities of a private, selfregulatory organization called the Horseracing Integrity and Safety Authority. The Act, in subsection 15 U.S.C. 3052(f), sets forth certain requirements for the Authority’s budget. On the revenue side, as for initial funding, the Authority is to obtain loans,2 and generally it ‘‘may borrow funds toward the funding of its operations.’’ 3 After the program effective date of July 1, 2022, the Authority performs an annual calculation of the ‘‘amount required’’ from each State in which covered horseracing takes place, which estimates the amount required from each State ‘‘to fund the State’s proportionate share of the horseracing anti-doping and medication control program and the racetrack safety program for the next calendar year’’ and ‘‘to liquidate the State’s proportionate share of any loan or funding shortfall.’’ 4 The amount required by each State is calculated under the Assessment Methodology rule 5 and must be ‘‘based on,’’ among SUMMARY: 1 15 U.S.C. 3051 through 3060. 15 U.S.C. 3052(f)(1)(A). 3 Id. 3052(f)(1)(B). 4 Id. 3052(f)(1)(C)(i). 5 The Assessment Methodology proposed rule was published in the Federal Register and approved by the Commission after a period of public comment. See Fed. Trade Comm’n, Notice of HISA Assessment Methodology Proposed Rule, 87 FR 9349 (Feb. 28, 2022), https://www.federal register.gov/documents/2022/02/18/2022-03717/ hisa-assessment-methodology-rule (containing the 2 See E:\FR\FM\27MRR1.SGM 27MRR1

Agencies

[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Rules and Regulations]
[Pages 18032-18034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06313]


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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, May 15, 
2023, Through September 15, 2023

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

ACTION: Limited waiver of the slot usage requirement.

-----------------------------------------------------------------------

SUMMARY: This action 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). 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 May 15, 2023, through September 15, 2023, 
subject to the conditions and limitations in this document. In 
addition, this action announces a limited policy for prioritizing 
returned operations at Newark Liberty International Airport

[[Page 18033]]

(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 May 15, 2023, through September 15, 2023, subject to the 
conditions and limitations in this document. Carriers seeking to take 
advantage of this relief must identify the slots and approved operating 
timings they wish to turn in before April 30, 2023. This relief is 
being provided to give carriers the ability to reduce operations during 
the peak summer travel period, which are likely to be exacerbated by 
the effects of Air Traffic Controller (ATC) staffing shortfalls.

DATES: This action is effective March 27, 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

    The New York Terminal Radar Approach Control facility (N90) 
provides ATC services to overhead flights in the North East corridor 
and to the New York airports--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 already challenging 
backdrop, according to FAA data, nationwide Certified Professional 
Controller (CPC) staffing averages 81 percent while N90 is maintained 
at about 54 percent of its CPC staffing target. 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 the FAA's 
ability to provide expeditious services to aircraft operators and their 
passengers that traverse this airspace.
    During the period of May 2022 through September 2022, the total 
number of instances of delay to operations from JFK, LGA, and EWR 
totaled 41,498, with effects throughout the NAS and for which staffing 
was a contributing factor. Notwithstanding FAA's efforts to address N90 
CPC staffing, the staffing rate for N90 has not improved and at the 
same time early carrier schedules indicate an increase in operations. 
This being the case, for summer 2023 the FAA expects increased delays 
in the New York region over summer 2022. Specifically, ATO modeling 
indicates operations at the New York airports is projected to increase 
by seven (7) percent, which FAA projects will result in overall delays 
increasing by 45 percent.\1\ These projections are consistent with the 
50 percent increase in the number of ground delay programs (GDPs) 
observed in January and February 2023 compared to the same months in 
2022 at the same airports.\2\ The FAA is progressing towards a solution 
to the N90 staffing issues, based on moving responsibility for the 
Newark, New Jersey radar sector from N90 to the Philadelphia TRACON 
(PHL). Training for this sector move is slated to begin in September of 
this year and will take time to complete for cutover of 
responsibilities to PHL. Accordingly, this solution will not resolve 
the anticipated operational impacts in the summer 2023 scheduling 
season.
---------------------------------------------------------------------------

    \1\ ASV studies are conducted by the Slot Administration and 
Capacity Analysis Group (AJR-G5) at the FAA's William J. Hughes 
Technical Center. ASV analysis considers multiple runway 
configurations, weighted by the frequency of occurrence, and 
utilizes an estimation of weather conditions for each configuration 
in its calculation. The resulting demand-delay curve can be used to 
estimate the average delay that results at a given level of demand.
    \2\ Aviation System Performance Metrics (ASPM): Key Advisories: 
GDP & GS Report. ASPM data can be viewed on the FAA Operations & 
Performance Data website (https://aspm.faa.gov/).
---------------------------------------------------------------------------

Standard

    At JFK and LGA, each slot must be used at least 80 percent of the 
time.\3\ 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.\4\
---------------------------------------------------------------------------

    \3\ 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).
    \4\ 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.
---------------------------------------------------------------------------

    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.\5\ 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.\6\
---------------------------------------------------------------------------

    \5\ See 14 CFR 93.227(a).
    \6\ See 14 CFR 93.227(j).
---------------------------------------------------------------------------

    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 slot usage in anticipation of the FAA 
granting a slot usage waiver.

Analysis

    Due to the amount of connecting flights in the New York region as 
well as the interdependency and complexity of the airspace surrounding 
EWR, JFK and LGA, delays caused by N90 staffing shortfalls could have 
significant impacts in the upcoming Summer traffic season. Absent 
increased flexibility, there exists a high probability congestion and 
delay at JFK, LGA, and EWR during significant NAS impact days (e.g., 
holiday travel spike, adverse weather) could be exacerbated by N90 
staffing shortfalls.
    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 summer 2023 
scheduling season. 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 during significant NAS impact days 
through the summer

[[Page 18034]]

2023 season. A reduction in the operational volume at the New York 
airports would also aid in reducing the severity of significant NAS 
impact days.
    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.
    Finally, carriers should be aware that the N90 staffing shortfalls 
will not form a sufficient basis for relief going forward 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 summer 2023 scheduling 
season will not have been beyond the carriers control and will not 
serve as a valid basis for a waiver.

Decision

    The FAA has determined the post-pandemic effects on N90 staffing 
meets the applicable waiver standards and warrants a limited waiver of 
minimum slot usage requirements at JFK and LGA to allow carriers to 
return up to 10 percent of their slots at each airport voluntarily as 
well as impacted operations between DCA and the New York airports. In 
addition, the FAA has determined the post-pandemic effects on N90 
staffing warrants a limited policy for prioritizing returned operations 
at EWR to allow carriers to return 10 percent of their approved 
operating timings voluntarily, 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 April 30, 2023 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 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 minimally impact consumers.
    The FAA will not reallocate the 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 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 to serve markets other than New York.
    The FAA will treat as used the specific slots returned in 
accordance with the conditions in this document for the period from May 
15, 2023, through September 15, 2023. The relief is subject to the 
following conditions:
    1. The specific slots and approved operating timings must be 
returned to the FAA before April 30, 2023.
    2. This waiver applies only to slots that have corresponding, 
scheduled operations during the period of the grant. A carrier 
temporarily returning a slot to FAA for relief under this waiver must 
identify corresponding scheduled operation. FAA may validate 
information against published schedule data as of March 14, 2023, and 
other operational data maintained by FAA. Slots returned without an 
associated scheduled and cancelled 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 Department of Transportation or FAA 
exemptions are not eligible for relief.

    Issued in Washington, DC, on March 22, 2023.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-06313 Filed 3-22-23; 4:15 pm]
BILLING CODE 4910-13-P
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