Notice of Submission Deadline for Schedule Information for Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Summer 2024 Scheduling Season, 64964-64966 [2023-20419]

Download as PDF 64964 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices Electronic Comments DEPARTMENT OF TRANSPORTATION • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include file number 4– 443 on the subject line. Federal Aviation Administration Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to file number 4–443. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (https://www.sec.gov/rules/ sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the plan that are filed with the Commission, and all written communications relating to the plan between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number 4–443 and should be submitted on or before October 11, 2023. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14 Sherry R. Haywood, Assistant Secretary. lotter on DSK11XQN23PROD with NOTICES1 [FR Doc. 2023–20307 Filed 9–19–23; 8:45 am] BILLING CODE 8011–01–P 14 17 16:38 Sep 19, 2023 Department of Transportation, Federal Aviation Administration (FAA). ACTION: Notice of submission deadline. AGENCY: Under this notice, the FAA announces the submission deadline of October 5, 2023, for Summer 2024 flight schedules at Chicago O’Hare International Airport (ORD), John F. Kennedy International Airport (JFK), Los Angeles International Airport (LAX), Newark Liberty International Airport (EWR), and San Francisco International Airport (SFO). In addition, this notice announces a new voluntary, targeted hourly scheduling limit at EWR based on a review of recent operational performance metrics. DATES: Schedules should be submitted by October 5, 2023. ADDRESSES: Schedules may be submitted to the Slot Administration Office by email to: 7-AWA-slotadmin@ faa.gov. SUMMARY: Al Meilus, Manager, Slot Administration and Capacity Analysis, AJR–G, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–2822; email Al.Meilus@faa.gov. SUPPLEMENTARY INFORMATION: This document provides routine notice to carriers serving capacity-constrained airports in the United States, including ORD, JFK, LAX, EWR, and SFO. In particular, this notice announces the deadline for carriers to submit schedules for the Summer 2024 scheduling season. The FAA deadline coincides with the schedule submission deadline established in the Calendar of Coordination Activities as published by the International Air Transport Association (IATA). FOR FURTHER INFORMATION CONTACT: General Information for All Airports The FAA has designated JFK as an IATA Level 3 airport consistent with the Worldwide Slot Guidelines (WSG).1 The 1 The FAA generally applies the WSG to the extent there is no conflict with U.S. law or regulation. The FAA recognizes the WSG has been replaced by the Worldwide Airports Slot Guidelines (WASG) edition 1, effective June 1, 2020, and CFR 200.30–3(a)(85). VerDate Sep<11>2014 Notice of Submission Deadline for Schedule Information for Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Summer 2024 Scheduling Season Jkt 259001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 FAA currently limits scheduled operations at JFK by order that expires on October 26, 2024.2 The FAA has designated EWR, LAX, ORD, and SFO as IATA Level 2 airports 3 subject to a schedule review process premised upon voluntary cooperation. The Summer 2024 scheduling season is from March 31, 2024, through October 26, 2024, in recognition of the IATA Summer season. The FAA is primarily concerned about scheduled and other regularly conducted commercial operations during designated hours, but carriers may submit schedule plans for the entire day. The designated hours for the Summer 2024 scheduling season are: at EWR and JFK from 0600 to 2300 Eastern Time (1000 to 0300 UTC), at LAX and SFO from 0600 to 2300 Pacific Time (1300 to 0600 UTC), and at ORD from 0600 to 2100 Central Time (1100 to 0200 UTC). These hours are unchanged from previous scheduling seasons. Carriers should submit schedule information in sufficient detail including, at minimum, the marketing or operating carrier, flight number, scheduled time of operation, frequency, aircraft equipment, and effective dates. IATA standard schedule information format and data elements for communications at Level 2 and Level 3 airports in the IATA Standard Schedules Information Manual (SSIM) Chapter 6 may be used. The WSG provides additional information on schedule submissions at Level 2 and Level 3 airports. Some carriers at JFK manage and track slots through FAAassigned Slot ID numbers corresponding to an arrival or departure slot in a particular half-hour on a particular day of week and date. The FAA has a similar voluntary process for tracking schedules at EWR with Reference IDs, and certain carriers are managing their schedules accordingly. The primary users of IDs are United States and Canadian carriers that have the highest frequencies and considerable schedule changes throughout the season and can benefit from a simplified exchange of subsequently WASG edition 2, effective July 1, 2022. The WASG is published jointly by Airports Council International-World, IATA, and the Worldwide Airport Coordinators Group (WWACG). While the FAA is considering whether to implement certain changes to the Guidelines in the United States, it will continue to apply WSG edition 9. 2 Operating Limitations at John F. Kennedy International Airport, 73 FR 3510 (Jan. 18, 2008), as most recently extended 87 FR 65161 (Oct. 28, 2022). The slot coordination parameters for JFK are set forth in this Order. 3 These designations remain effective until the FAA announces a change in the Federal Register. E:\FR\FM\20SEN1.SGM 20SEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices information not dependent on full flight details. Carriers are encouraged to submit schedule requests at those airports using Slot or Reference IDs. As stated in the WSG, schedule facilitation at a Level 2 airport is based on the following: (1) Schedule adjustments are mutually agreed upon between the carriers and the facilitator; (2) the intent is to avoid exceeding the airport’s coordination parameters; (3) the concepts of historic precedence and series of slots do not apply at Level 2 airports; although WSG recommends giving priority to approved services that plan to operate unchanged from the previous equivalent season at Level 2 airports, and (4) the facilitator should adjust the smallest number of flights by the least amount of time necessary to avoid exceeding the airport’s coordination parameters. Consistent with the WSG, the success of Level 2 in the United States depends on the voluntary cooperation of carriers. The FAA considers several factors and priorities that are consistent with the WSG as it reviews schedule and slot requests at Level 2 and Level 3 airports, including (1) historic slots or services from the previous equivalent season over new demand for the same timings; (2) services that are unchanged over services that plan to change time or other capacity relevant parameters; (3) introduction of year-round services; (4) effective period of operation; (5) regularly planned operations over ad hoc operations, and other operational factors that may limit a carrier’s timing flexibility. The FAA seeks to maintain close communications with carriers and terminal schedule facilitators on potential runway schedule issues or terminal and gate issues that may affect the runway times. In addition to applying these priorities from the WSG, the U.S. Government has adopted a number of measures and procedures to promote competition and new entry at U.S. slot-controlled and schedulefacilitated airports. Slot management in the United States differs in some respect from procedures in other countries. In the United States, the FAA is responsible for facilitation and coordination of runway access for takeoffs and landings at Level 2 and Level 3 airports; however, the airport authority or its designee is responsible for facilitation and coordination of terminal/gate/airport facility access. The process with the individual airports for terminal access and other airport services is separate from, and in addition to, the FAA schedule review based on runway capacity. VerDate Sep<11>2014 16:38 Sep 19, 2023 Jkt 259001 Generally, the FAA uses average hourly runway capacity throughput for airports and performance metrics in conducting its schedule review at Level 2 airports and determining the scheduling limits at Level 3 airports included in FAA rules or orders.4 The FAA also considers other factors that can affect operations, such as capacity changes due to runway, taxiway, or other airport construction, air traffic control procedural changes, airport surface operations, and historical or projected flight delays and congestion. Finally, the FAA notes that the schedule information submitted by carriers to the FAA may be subject to disclosure under the Freedom of Information Act (FOIA). The WSG also provides for release of information at certain stages of slot coordination and schedule facilitation. In general, once it acts on a schedule submission or slot request, the FAA may release information on slot allocation or similar slot transactions, or schedule information reviewed as part of the schedule facilitation process. The FAA does not expect that practice to change, and most slot and schedule information would not be exempt from release under FOIA. The FAA recognizes that some carriers may submit information on schedule plans that is both customarily and actually treated as private. Carriers that submit such confidential schedule information should clearly mark the information, or any relevant portions thereof, as proprietary information (‘‘PROPIN’’). The FAA will take the necessary steps to protect properly designated information to the extent allowable by law. EWR General Information Consistent with the WSG, carriers are asked for their voluntary cooperation to adjust schedules to meet the targeted scheduling limits in order to minimize potential congestion and delay. Even with the current targeted scheduling limits, on-time performance at EWR is among the worst in the nation. Since 2018, EWR has had the largest number 4 The FAA typically determines an airport’s average adjusted runway capacity or typical throughput for Level 2 airports by reviewing hourly data on the arrival and departure rates that air traffic control indicates could be accepted for that hour, commonly known as ‘‘called’’ rates. The FAA also reviews the actual number of arrivals and departures that operated in the same hour. Generally, the FAA uses the higher of the two numbers, called or actual, for identifying trends and schedule review purposes. Some dates are excluded from analysis, such as during periods when extended airport closures or construction could affect capacity. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 64965 of Ground Delay Programs (GDPs),5 the largest number of late arriving aircraft due to GDPs,6 and the lowest on-time arrival rate 7 among the Core 30 airports. The FAA has also reviewed the distributions of scheduled operations and actual runway operations. Based on Aviation System Performance Metrics (ASPM) data from January 2022 through July 2023, there is a significant imbalance between scheduled operations and actual runway operations.8 Based on FAA internal analysis, the median hourly number of actual runway operations at EWR is lower than the median number of hourly scheduled operations by three operations per hour. Further, the actual airport throughput (the sum of actual arrivals and departures) is less than or equal to 77 operations per hour 95% of the time based on ASPM empirical data. Current approved schedules at EWR routinely exceed 77 operations per hour and in fact exceed the current schedule limit of 79 operations per hour. The hours that are most frequently scheduled above the approved hourly targeted scheduling limit are 0700, 0800, 1500, 1600, 1700, 1900, and 2000 Eastern Time. Schedules in these hours can reach 88 operations per hour. This imbalance in schedules and actual throughput results in congestion which, in turn, results in chronic delays and cancellations. The current voluntary targeted scheduling limits at EWR are 79 operations per hour and 43 operations per half hour. The current targeted maximum number of scheduled arrivals or departures, respectively, is 43 in an hour and 24 in a half-hour.9 To better align scheduled operations with the airport’s runway operational capacity, based on actual runway operations, the targeted scheduling limit is reduced to 77 operations per hour and 42 operations per half hour. Improving the alignment between scheduled operations and actual operations will help prevent unnecessary delays, will help optimize the efficient use of the airport’s resources, and will help deliver passengers to their destinations more reliably and on time. To balance arrivals 5 ASPM: Key Advisories: GDP & GS Report. https://aspm.faa.gov/aspmhelp/index/ASPM_Key_ Advisories__GDP_%26_GS_Report.html. 6 ASPM: Airport Analysis: EDCT Report. 7 Aviation System Performance Metrics (ASPM): Airport Analysis: Delayed Flights Report. https:// aspm.faa.gov/aspmhelp/index/ASPM__Analysis__ Delayed_Flights.html. 8 ASPM: Airport Efficiency: Daily Configuration By Hour Report. https://aspmhelp.faa.gov/index/ ASPM_Efficiency__Daily_Configuration_By_Hour_ Report.html. 9 See 88 FR 22514 (April 13, 2023); 87 FR 60430 (October 5, 2022). E:\FR\FM\20SEN1.SGM 20SEN1 64966 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices and departures, the targeted maximum number of scheduled arrivals and departures, respectively, will be 42 in an hour and 23 in a half-hour. These targets are expected to allow some higher levels of operations in certain periods (not to exceed the hourly limits) and some recovery from lower demand in adjacent periods. Consistent with general established practice at EWR, the FAA will accept flights above the limits if the flights were operated as approved, or treated as operated, by the same carrier on a regular basis in the previous corresponding season (i.e., Summer 2023) and consistent with the recent DOT reassignment of 16 peak-hour runway timings.10 However, the FAA does not intend to approve requests for new flights unless they can be accommodated within the targeted limits. The FAA is seeking carriers’ voluntary cooperation to get scheduled operations down to the new targeted scheduling limits. Carriers are reminded that FAA approval for runway times is separate from the approval process for gates or other airport infrastructure and both are essential for the success of Level 2 at EWR. Schedule facilitation at Level 2 airports is designed to engender collaboration and gain mutual agreement between the carriers and the FAA regarding schedules and potential adjustments to stay within the performance goals and capacity limits of the airport and to mitigate delays and congestion that would result in the need for Level 3 slot controls. The FAA expects that all carriers operating at EWR will respect the targeted scheduling limits and work cooperatively with the FAA in order to avoid unacceptable delays and other adverse operational impacts at the airport. Issued in Washington, DC, on September 15, 2023. Alyce Hood-Fleming, Vice President, System Operations Services. [FR Doc. 2023–20419 Filed 9–18–23; 11:15 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 4910–13–P 10 See Department of Transportation Order 2022– 7–1, Docket DOT–OST–2021–0103, served July 5, 2022, ‘‘Reassignment of Schedules at NewarkLiberty International Airport’’.10. VerDate Sep<11>2014 16:38 Sep 19, 2023 Jkt 259001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2023–0027] Agency Information Collection Activities: Request for Comments for a New Information Collection; Withdrawal Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice; withdrawal. AGENCY: The FHWA is withdrawing the notice, ‘‘Agency Information Collection Activities: Request for Comments for a New Information Collection,’’ published in the Federal Register on September 15, 2023. FOR FURTHER INFORMATION CONTACT: Paul Jodoin, 202–366–5465, Office of Operations, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: The FHWA is withdrawing the notice published in the Federal Register on September 15, 2023, at 88 FR 63644 (FR Number 2023–20021). SUMMARY: Issued on: September 15, 2023. Jazmyne Lewis, Information Collection Officer. [FR Doc. 2023–20344 Filed 9–19–23; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2023–0026] Agency Information Collection Activities: Request for Comments for a New Information Collection; Withdrawal Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice; withdrawal. AGENCY: The FHWA is withdrawing the notice, ‘‘Agency Information Collection Activities: Request for Comments for a New Information Collection,’’ published in the Federal Register on September 15, 2023. FOR FURTHER INFORMATION CONTACT: Jason Broehm, Office of Safety, 202– 366–2201, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 9 a.m. to 5:30 p.m., from Monday through Friday, except Federal holidays. SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 The FHWA is withdrawing the notice published in the Federal Register on September 15, 2023, at 88 FR 63643 (FR Doc. 2023–20042). SUPPLEMENTARY INFORMATION: Issued on: September 15, 2023. Jazmyne Lewis, Information Collection Officer. [FR Doc. 2023–20341 Filed 9–19–23; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas Texas Department of Transportation (TxDOT), Federal Highway Administration (FHWA), Department of Transportation. ACTION: Notice of limitation on claims for judicial review of actions by TxDOT and Federal agencies. AGENCY: This notice announces actions taken by TxDOT and Federal agencies that are final. The environmental review, consultation, and other actions required by applicable Federal environmental laws for these projects are being, or have been, carried out by TxDOT pursuant to an assignment agreement executed by FHWA and TxDOT. The actions relate to various proposed highway projects in the State of Texas. These actions grant licenses, permits, and approvals for the projects. DATES: By this notice, TxDOT is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of TxDOT and Federal agency actions on the highway projects will be barred unless the claim is filed on or before the deadline. For the projects listed below, the deadline is February 20, 2024. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Patrick Lee, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone: (512) 416–2358; email: Patrick.Lee@txdot.gov. TxDOT’s normal business hours are 8:00 a.m.–5:00 p.m. (central time), Monday through Friday. SUPPLEMENTARY INFORMATION: The environmental review, consultation, and other actions required by applicable Federal environmental laws for these SUMMARY: E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Notices]
[Pages 64964-64966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20419]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Submission Deadline for Schedule Information for 
Chicago O'Hare International Airport, John F. Kennedy International 
Airport, Los Angeles International Airport, Newark Liberty 
International Airport, and San Francisco International Airport for the 
Summer 2024 Scheduling Season

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

ACTION: Notice of submission deadline.

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

SUMMARY: Under this notice, the FAA announces the submission deadline 
of October 5, 2023, for Summer 2024 flight schedules at Chicago O'Hare 
International Airport (ORD), John F. Kennedy International Airport 
(JFK), Los Angeles International Airport (LAX), Newark Liberty 
International Airport (EWR), and San Francisco International Airport 
(SFO). In addition, this notice announces a new voluntary, targeted 
hourly scheduling limit at EWR based on a review of recent operational 
performance metrics.

DATES: Schedules should be submitted by October 5, 2023.

ADDRESSES: Schedules may be submitted to the Slot Administration Office 
by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: Al Meilus, Manager, Slot 
Administration and Capacity Analysis, AJR-G, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-2822; email [email protected].

SUPPLEMENTARY INFORMATION: This document provides routine notice to 
carriers serving capacity-constrained airports in the United States, 
including ORD, JFK, LAX, EWR, and SFO. In particular, this notice 
announces the deadline for carriers to submit schedules for the Summer 
2024 scheduling season. The FAA deadline coincides with the schedule 
submission deadline established in the Calendar of Coordination 
Activities as published by the International Air Transport Association 
(IATA).

General Information for All Airports

    The FAA has designated JFK as an IATA Level 3 airport consistent 
with the Worldwide Slot Guidelines (WSG).\1\ The FAA currently limits 
scheduled operations at JFK by order that expires on October 26, 
2024.\2\
---------------------------------------------------------------------------

    \1\ The FAA generally applies the WSG to the extent there is no 
conflict with U.S. law or regulation. The FAA recognizes the WSG has 
been replaced by the Worldwide Airports Slot Guidelines (WASG) 
edition 1, effective June 1, 2020, and subsequently WASG edition 2, 
effective July 1, 2022. The WASG is published jointly by Airports 
Council International-World, IATA, and the Worldwide Airport 
Coordinators Group (WWACG). While the FAA is considering whether to 
implement certain changes to the Guidelines in the United States, it 
will continue to apply WSG edition 9.
    \2\ Operating Limitations at John F. Kennedy International 
Airport, 73 FR 3510 (Jan. 18, 2008), as most recently extended 87 FR 
65161 (Oct. 28, 2022). The slot coordination parameters for JFK are 
set forth in this Order.
---------------------------------------------------------------------------

    The FAA has designated EWR, LAX, ORD, and SFO as IATA Level 2 
airports \3\ subject to a schedule review process premised upon 
voluntary cooperation. The Summer 2024 scheduling season is from March 
31, 2024, through October 26, 2024, in recognition of the IATA Summer 
season.
---------------------------------------------------------------------------

    \3\ These designations remain effective until the FAA announces 
a change in the Federal Register.
---------------------------------------------------------------------------

    The FAA is primarily concerned about scheduled and other regularly 
conducted commercial operations during designated hours, but carriers 
may submit schedule plans for the entire day. The designated hours for 
the Summer 2024 scheduling season are: at EWR and JFK from 0600 to 2300 
Eastern Time (1000 to 0300 UTC), at LAX and SFO from 0600 to 2300 
Pacific Time (1300 to 0600 UTC), and at ORD from 0600 to 2100 Central 
Time (1100 to 0200 UTC). These hours are unchanged from previous 
scheduling seasons.
    Carriers should submit schedule information in sufficient detail 
including, at minimum, the marketing or operating carrier, flight 
number, scheduled time of operation, frequency, aircraft equipment, and 
effective dates. IATA standard schedule information format and data 
elements for communications at Level 2 and Level 3 airports in the IATA 
Standard Schedules Information Manual (SSIM) Chapter 6 may be used. The 
WSG provides additional information on schedule submissions at Level 2 
and Level 3 airports. Some carriers at JFK manage and track slots 
through FAA-assigned Slot ID numbers corresponding to an arrival or 
departure slot in a particular half-hour on a particular day of week 
and date. The FAA has a similar voluntary process for tracking 
schedules at EWR with Reference IDs, and certain carriers are managing 
their schedules accordingly. The primary users of IDs are United States 
and Canadian carriers that have the highest frequencies and 
considerable schedule changes throughout the season and can benefit 
from a simplified exchange of

[[Page 64965]]

information not dependent on full flight details. Carriers are 
encouraged to submit schedule requests at those airports using Slot or 
Reference IDs.
    As stated in the WSG, schedule facilitation at a Level 2 airport is 
based on the following: (1) Schedule adjustments are mutually agreed 
upon between the carriers and the facilitator; (2) the intent is to 
avoid exceeding the airport's coordination parameters; (3) the concepts 
of historic precedence and series of slots do not apply at Level 2 
airports; although WSG recommends giving priority to approved services 
that plan to operate unchanged from the previous equivalent season at 
Level 2 airports, and (4) the facilitator should adjust the smallest 
number of flights by the least amount of time necessary to avoid 
exceeding the airport's coordination parameters. Consistent with the 
WSG, the success of Level 2 in the United States depends on the 
voluntary cooperation of carriers.
    The FAA considers several factors and priorities that are 
consistent with the WSG as it reviews schedule and slot requests at 
Level 2 and Level 3 airports, including (1) historic slots or services 
from the previous equivalent season over new demand for the same 
timings; (2) services that are unchanged over services that plan to 
change time or other capacity relevant parameters; (3) introduction of 
year-round services; (4) effective period of operation; (5) regularly 
planned operations over ad hoc operations, and other operational 
factors that may limit a carrier's timing flexibility.
    The FAA seeks to maintain close communications with carriers and 
terminal schedule facilitators on potential runway schedule issues or 
terminal and gate issues that may affect the runway times. In addition 
to applying these priorities from the WSG, the U.S. Government has 
adopted a number of measures and procedures to promote competition and 
new entry at U.S. slot-controlled and schedule-facilitated airports.
    Slot management in the United States differs in some respect from 
procedures in other countries. In the United States, the FAA is 
responsible for facilitation and coordination of runway access for 
takeoffs and landings at Level 2 and Level 3 airports; however, the 
airport authority or its designee is responsible for facilitation and 
coordination of terminal/gate/airport facility access. The process with 
the individual airports for terminal access and other airport services 
is separate from, and in addition to, the FAA schedule review based on 
runway capacity.
    Generally, the FAA uses average hourly runway capacity throughput 
for airports and performance metrics in conducting its schedule review 
at Level 2 airports and determining the scheduling limits at Level 3 
airports included in FAA rules or orders.\4\ The FAA also considers 
other factors that can affect operations, such as capacity changes due 
to runway, taxiway, or other airport construction, air traffic control 
procedural changes, airport surface operations, and historical or 
projected flight delays and congestion.
---------------------------------------------------------------------------

    \4\ The FAA typically determines an airport's average adjusted 
runway capacity or typical throughput for Level 2 airports by 
reviewing hourly data on the arrival and departure rates that air 
traffic control indicates could be accepted for that hour, commonly 
known as ``called'' rates. The FAA also reviews the actual number of 
arrivals and departures that operated in the same hour. Generally, 
the FAA uses the higher of the two numbers, called or actual, for 
identifying trends and schedule review purposes. Some dates are 
excluded from analysis, such as during periods when extended airport 
closures or construction could affect capacity.
---------------------------------------------------------------------------

    Finally, the FAA notes that the schedule information submitted by 
carriers to the FAA may be subject to disclosure under the Freedom of 
Information Act (FOIA). The WSG also provides for release of 
information at certain stages of slot coordination and schedule 
facilitation. In general, once it acts on a schedule submission or slot 
request, the FAA may release information on slot allocation or similar 
slot transactions, or schedule information reviewed as part of the 
schedule facilitation process. The FAA does not expect that practice to 
change, and most slot and schedule information would not be exempt from 
release under FOIA. The FAA recognizes that some carriers may submit 
information on schedule plans that is both customarily and actually 
treated as private. Carriers that submit such confidential schedule 
information should clearly mark the information, or any relevant 
portions thereof, as proprietary information (``PROPIN''). The FAA will 
take the necessary steps to protect properly designated information to 
the extent allowable by law.

EWR General Information

    Consistent with the WSG, carriers are asked for their voluntary 
cooperation to adjust schedules to meet the targeted scheduling limits 
in order to minimize potential congestion and delay. Even with the 
current targeted scheduling limits, on-time performance at EWR is among 
the worst in the nation. Since 2018, EWR has had the largest number of 
Ground Delay Programs (GDPs),\5\ the largest number of late arriving 
aircraft due to GDPs,\6\ and the lowest on-time arrival rate \7\ among 
the Core 30 airports. The FAA has also reviewed the distributions of 
scheduled operations and actual runway operations. Based on Aviation 
System Performance Metrics (ASPM) data from January 2022 through July 
2023, there is a significant imbalance between scheduled operations and 
actual runway operations.\8\ Based on FAA internal analysis, the median 
hourly number of actual runway operations at EWR is lower than the 
median number of hourly scheduled operations by three operations per 
hour. Further, the actual airport throughput (the sum of actual 
arrivals and departures) is less than or equal to 77 operations per 
hour 95% of the time based on ASPM empirical data. Current approved 
schedules at EWR routinely exceed 77 operations per hour and in fact 
exceed the current schedule limit of 79 operations per hour. The hours 
that are most frequently scheduled above the approved hourly targeted 
scheduling limit are 0700, 0800, 1500, 1600, 1700, 1900, and 2000 
Eastern Time. Schedules in these hours can reach 88 operations per 
hour. This imbalance in schedules and actual throughput results in 
congestion which, in turn, results in chronic delays and cancellations.
---------------------------------------------------------------------------

    \5\ ASPM: Key Advisories: GDP & GS Report. https://aspm.faa.gov/aspmhelp/index/ASPM_Key_Advisories__GDP_%26_GS_Report.html.
    \6\ ASPM: Airport Analysis: EDCT Report.
    \7\ Aviation System Performance Metrics (ASPM): Airport 
Analysis: Delayed Flights Report. https://aspm.faa.gov/aspmhelp/index/ASPM__Analysis__Delayed_Flights.html.
    \8\ ASPM: Airport Efficiency: Daily Configuration By Hour 
Report. https://aspmhelp.faa.gov/index/ASPM_Efficiency__Daily_Configuration_By_Hour_Report.html.
---------------------------------------------------------------------------

    The current voluntary targeted scheduling limits at EWR are 79 
operations per hour and 43 operations per half hour. The current 
targeted maximum number of scheduled arrivals or departures, 
respectively, is 43 in an hour and 24 in a half-hour.\9\ To better 
align scheduled operations with the airport's runway operational 
capacity, based on actual runway operations, the targeted scheduling 
limit is reduced to 77 operations per hour and 42 operations per half 
hour. Improving the alignment between scheduled operations and actual 
operations will help prevent unnecessary delays, will help optimize the 
efficient use of the airport's resources, and will help deliver 
passengers to their destinations more reliably and on time. To balance 
arrivals

[[Page 64966]]

and departures, the targeted maximum number of scheduled arrivals and 
departures, respectively, will be 42 in an hour and 23 in a half-hour. 
These targets are expected to allow some higher levels of operations in 
certain periods (not to exceed the hourly limits) and some recovery 
from lower demand in adjacent periods. Consistent with general 
established practice at EWR, the FAA will accept flights above the 
limits if the flights were operated as approved, or treated as 
operated, by the same carrier on a regular basis in the previous 
corresponding season (i.e., Summer 2023) and consistent with the recent 
DOT reassignment of 16 peak-hour runway timings.\10\ However, the FAA 
does not intend to approve requests for new flights unless they can be 
accommodated within the targeted limits. The FAA is seeking carriers' 
voluntary cooperation to get scheduled operations down to the new 
targeted scheduling limits.
---------------------------------------------------------------------------

    \9\ See 88 FR 22514 (April 13, 2023); 87 FR 60430 (October 5, 
2022).
    \10\ See Department of Transportation Order 2022-7-1, Docket 
DOT-OST-2021-0103, served July 5, 2022, ``Reassignment of Schedules 
at Newark-Liberty International Airport''.10.
---------------------------------------------------------------------------

    Carriers are reminded that FAA approval for runway times is 
separate from the approval process for gates or other airport 
infrastructure and both are essential for the success of Level 2 at 
EWR. Schedule facilitation at Level 2 airports is designed to engender 
collaboration and gain mutual agreement between the carriers and the 
FAA regarding schedules and potential adjustments to stay within the 
performance goals and capacity limits of the airport and to mitigate 
delays and congestion that would result in the need for Level 3 slot 
controls. The FAA expects that all carriers operating at EWR will 
respect the targeted scheduling limits and work cooperatively with the 
FAA in order to avoid unacceptable delays and other adverse operational 
impacts at the airport.

    Issued in Washington, DC, on September 15, 2023.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-20419 Filed 9-18-23; 11:15 am]
BILLING CODE 4910-13-P
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