Operating Limitations at Newark Liberty International Airport, Order Establishing Targeted Scheduling Limits, 24482-24486 [2025-10613]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Notices]
[Pages 24482-24486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10613]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Operating Limitations at Newark Liberty International Airport, 
Order Establishing Targeted Scheduling Limits

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

ACTION: Order establishing targeted scheduling limits at Newark Liberty 
International Airport.

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I. Introduction

    This Order establishes a 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 and the delay reduction proceedings. This Order is in the 
interest of airspace safety and intends 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 June 6, 2025, and expires on 
December 31, 2025.

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 the 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 the 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 national airspace system 
(NAS), resulting in substantial economic

[[Page 24483]]

loss for the traveling public, air carriers, shippers, and others.

EWR Level 2 Designation

    On April 6, 2016, the FAA designated EWR as a Level 2 schedule-
facilitated airport under the International Air Transportation 
Association (IATA) 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 carriers and the FAA to reduce congestion. At Level 2 airports, 
the FAA provides priority consideration for flights approved by the FAA 
and operated by the carrier in those approved times in the prior 
scheduling season when the 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, the 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 the FAA redesignated EWR from a Level 3 to Level 2 airport 
in 2016, the 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, the 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, the 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 was scheduled to be closed daily from April 
15, 2025, through June 15, 2025.\10\ 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 p.m. through 
5 a.m. on Sunday, Eastern Time.
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    \9\ 89 FR 91544 (November 20, 2024).
    \10\ On June 2, 2025, Secretary of Transportation Sean Duffy, 
Acting FAA Administrator Christopher Rocheleau, and the Port 
Authority of New York and New Jersey announced that Runway 4L-22R 
reopened 13 days ahead of schedule, allowing regular runway 
operations to resume for Instrument Flight Rules operations once FAA 
conducts the necessary check flights. https://www.panynj.gov/port-authority/en/press-room/press-release-archives/2025-press-releases/governor-murphy-and-the-port-authority-of-new-york-and-new-jerse.html.
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    The FAA worked with carriers prior to issuing the policy 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, 
2025, to no more than 35 arrivals per hour from 6 a.m. to 2 p.m., 
Eastern Time and no more than 31 arrivals per hour from 3 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 
p.m., Eastern Time, and no more than 31 departures per hour from 5 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 the FAA to build up CPC staffing for 
Area C.

Equipment Outages

    EWR recently experienced technology outages. The FAA is taking 
steps to immediately shore up the reliability of equipment and 
operations at EWR considering these outages. However, currently, these 
outages lead to disruptions that cause delays and impact operations at 
EWR.

Delay Reduction Meeting

    The FAA convened a delay reduction meeting with U.S. air carrier 
participants with a minimum of 10 scheduled arrivals at EWR and 
representatives from the PANYNJ on May 14, 2025, and the meeting 
continued until its recess on May 16, 2025. The FAA held individual 
sessions over the three days with seven air carriers and the PANYNJ. In 
these meetings, the 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 (DOT) 
monitored the joint and individual meeting sessions of the delay 
reduction meeting. In addition, the in-person sessions were 
transcribed.

Interim Order Establishing Targeted Scheduling Limits

    On May 20, 2025, the FAA issued an interim Order reducing the 
targeted scheduling limits temporarily at EWR for the construction 
period and through the end of the Summer 2025 scheduling season.\11\ 
The interim Order established a targeted hourly arrival rate of no more 
than 28 operations, with a corresponding departure rate of 28 
operations, resulting in no more than 56

[[Page 24484]]

total operations per hour during the remainder of the construction 
period. The construction period was defined as the scheduled daily 
closure of Runway 4L/22R until June 15, 2025, and weekends from 
September 1, 2025, through December 31, 2025, from Friday at 11 p.m. 
through 5 a.m. on Sunday. Outside of the construction period, through 
the end of Summer 2025 scheduling season on October 25, 2025, the 
targeted scheduling limit is 34 arrivals per hour, with a corresponding 
departure rate of 34 operations, resulting in no more than 68 total 
operations per hour. The interim Order remained in effect until the 
issuance of this final Order.
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    \11\ 90 FR 22147 (May 23, 2025).
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III. Comments Regarding Competition and Long-Term Plans To Address EWR 
Congestion and Delays

    By the close of the public comment period on May 28, 2025, the FAA 
received nine comments on the interim Order. Commenters included United 
Airlines (United), the American Economic Liberties Project (AELP), 
Association of Value Airlines (AVA), Spirit Airlines (Spirit), the Port 
Authority of New York and New Jersey (PANYNJ), and several anonymous 
commenters. The comments indicated support for the delay reduction 
proceedings and the FAA and DOT's efforts to address congestion at EWR. 
Commenters also noted the competition concerns that arise when carriers 
are asked to reduce operations.
    United reiterated its strong commitment to improving the efficiency 
and safety of EWR and pointed out the need for a long-term solution to 
address congestion at EWR. United stated that it worked diligently to 
make ``deep, good faith'' reductions in its operations at EWR. The 
carrier noted that this came at significant cost to United but was in 
the best interest of the passengers flying through EWR. Additionally, 
given CPC staffing issues and technology challenges, United suggested 
extending the scheduling reduction process to cover the Winter 2025/26 
and Summer 2026 scheduling seasons. Beyond the delay reduction 
proceedings, United requested that EWR be designated as a Level 3 slot-
controlled airport to manage congestion, improve scheduling 
transparency, and ensure fair operations among all carriers.
    The DOT and the FAA appreciate United's participation in the delay 
reduction process and understand its concerns regarding future demand 
at EWR, particularly around upcoming major events. While consideration 
of a return to Level 3 slot controls at EWR, or the extension of the 
scheduling reduction process through the Summer 2026 schedule season, 
are beyond the scope of this final Order, the DOT and the FAA intend to 
continue working with all stakeholders to ensure that EWR is a safe, 
efficient, and functional gateway for passengers and air carriers.
    AELP stated that United holds most of the operations at EWR and 
urged that operational restrictions not disproportionately harm low-
fare carriers that provide competition. AELP stated there are 33 air 
carriers serving the airport and United operates between 65% to 70% of 
the total operations. AELP urged the FAA to avoid creating a chilling 
effect on market share or reduce low-fare options for passengers at EWR 
if the targeted operational limitations impacted the other 32 carriers 
disproportionately.
    The DOT and the FAA understand and share AELP's concerns about 
ensuring adequate competition, not only at EWR but across the U.S. 
aviation system. The schedule reductions accomplished through the delay 
reduction process are intended to be temporary and cooperative. Both 
the DOT and the Department of Justice actively participated in the 
delay reduction process to address competition equities.
    AVA and Spirit expressed similar concerns as AELP with respect to 
requesting that low-fare carriers not be subject to further reductions 
and urged FAA and DOT to consider competition at EWR when applying 
reductions. Additionally, Spirit requested that the FAA implement a 
formal cap on peak-hour flight authorizations, limiting any single 
carrier to no more than 50% of the peak-hour slots, to allow low-fare 
carriers like Spirit to increase their presence and maintain 
competition. Finally, AVA stated that any final Order imposing 
scheduling limitations should be reevaluated on a seasonal basis.
    The DOT and the FAA are not seeking additional mandatory schedule 
reductions in this final Order. Spirit's request that carriers should 
be subject to a limit on the number of hourly operations they can hold 
would require regulatory changes that are beyond the scope of this 
proceeding.
    In response to AVA's request that scheduling limitations be 
reviewed seasonally, part of the scheduling limitations in this final 
Order will expire at the close of the Summer 2025 scheduling season and 
the remaining scheduling limitations will expire December 31, 2025. The 
DOT and the FAA intend to consult with all stakeholders before 
proceeding with any scheduling limitations or relief beyond those 
dates.
    The PANYNJ supported the FAA's effort to mitigate both the 
immediate and long-term issues related to efficiency and safety EWR but 
requested to collaborate with the DOT and the FAA to create a 
transparent plan to return EWR to full operating capacity. PANYNJ also 
noted the necessity for continued federal investment to prioritize 
improvements of CPCs and infrastructure at all the NY/NJ area airports. 
PANYNJ also stated that it believed some of the staffing and technology 
challenges may have stemmed from relocating EWR's airspace management 
from the New York TRACON to PHL.
    The DOT and the FAA understand and share PANYNJ's interest in the 
efficient and safe operation of EWR. The DOT and the FAA plan to 
implement upgrades to airport infrastructure and equipment across the 
U.S. Further, the FAA is continuously monitoring EWR for efficiency and 
safety.
    An anonymous commenter recommended that this final Order should 
require all affected carriers to proactively inform passengers of their 
rights, rebooking options, and refund eligibility for flights cancelled 
or rescheduled as a result of the Order.
    These issues are outside of the scope of the FAA's purview and are 
more appropriate for the DOT's Office of Aviation Consumer Protection.
    An anonymous commenter asked if the FAA analyzed the greenhouse gas 
emissions impact of taxi, delay, and rerouting operations caused by 
congestion and construction at EWR, and will emissions reductions be 
factored into future scheduling decisions.
    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,'' paragraphs 5-6.5. j, 5-6.6.d, and 5-6.6.f. the FAA's NEPA 
review looked at all applicable environmental impacts, including 
climate and air quality. This action is not expected to cause any 
potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment. The CATEX determination will be placed in the docket 
associated with these proceedings.\12\
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    \12\ Docket No. FAA-2008-0021.
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    An anonymous commenter asked if the FAA would publish anonymized, 
but disaggregated data on flight reduction allocations by carrier, to 
allow public scrutiny of whether major,

[[Page 24485]]

minor, and new entrant carriers are treated equitably.
    The FAA will not be publishing data on flight reduction by carrier, 
as that information falls under the protection of business 
confidentiality by carrier request. The public can obtain flight origin 
and destination data via the Bureau of Transportation Statistics to 
review changes in carrier service.
    An anonymous commenter asked what protections the FAA will 
implement to prevent service cuts from disproportionately targeting 
flights to small and rural airports that already face limited 
connectivity and higher fares.
    While the DOT and the FAA understand the importance of connectivity 
and access for small and rural communities, neither the DOT nor the FAA 
have the authority to regulate airline routes or fares.
    An anonymous commenter stated that the FAA should provide periodic 
public reporting on antitrust compliance and inter-carrier 
communications, ensuring that the process remains pro-competitive and 
aligned with the public interest.
    Neither the DOT nor the FAA have authority related to antitrust 
compliance. However, the Department of Justice participated in the 
delay reduction proceedings to monitor compliance with all antitrust 
requirements.
    An anonymous commenter recommended the FAA should hold community 
listening sessions, virtual and in-person, for travelers, airport 
workers, and residents in the EWR catchment area, including language 
access for non-English speakers.
    In light of the urgent need to address delays and ensure safety at 
EWR, the FAA will not be holding community listening sessions at this 
time. However, the public has been given notice and the opportunity to 
provide comments in the docket.
    An anonymous commenter suggested the final Order should include a 
mandatory sunset review, with public notice and opportunity for 
comment, to ensure flight limits are not extended beyond necessity and 
that recovery in access, competition, and employment is prioritized.
    This Order is applicable for a limited period. The DOT and the 
FAA's goal is to ensure maximum capacity in the NAS to ensure the 
economic benefits of aviation are realized, and the DOT and the FAA are 
prioritizing investments to achieve that goal. As well, the FAA 
continuously monitors performance data at EWR to ensure safe and 
efficient operations.
    An anonymous commenter also recommended that the FAA should require 
a public equity assessment to ensure that flight reductions do not 
affect low-income, minority, and immigrant communities; that the FAA 
should require carriers to submit a labor impact statement outlining 
how flight reductions will affect personnel, with a commitment to 
minimize layoffs and offer scheduling flexibility; and asked whether 
the FAA will provide real-time public access to data on delays, 
cancellations, and schedule adherence during the affected periods, to 
empower passenger decision-making and independent oversight.
    These issues are outside the scope of this proceeding.
    Finally, two anonymous commenters requested personnel changes at 
the DOT. These comments are outside the scope of this proceeding.

IV. Hourly Targeted Scheduling Limitations

    The FAA's targeted scheduling limits remain consistent with the 
reductions and corresponding time periods established in the interim 
Order. Although the daily closure of Runway 4L-22R lifted on June 2, 
2025, for Visual Flight Rules (VFR) traffic, the runway will not be 
open for Instrument Flight Rules (IFR) traffic until the FAA conducts 
check flights. Moreover, this development has not adjusted the targeted 
scheduling limits. Further, the FAA did not receive any public comments 
suggesting different limits for FAA to consider.
    From the date of issuance of this Order until June 15, 2025, and on 
weekends from September 1, 2025, through December 31, 2025, from Friday 
at 11 p.m. through 5 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 34 
departures per hour.
    The FAA will continue to work with carriers to ensure more balanced 
operations within each 15-minute interval of each schedule-facilitated 
hour.

V. Foreign Air Carriers

    Prior to the issuance of this Order, the FAA notified all 
stakeholders, including foreign carriers, of the delay reduction 
meeting. Subsequent to the meeting, the FAA reached out to foreign 
carriers with at least 10 roundtrip operations per day at EWR to assess 
their operations and to allow them the opportunity to propose any 
voluntary schedule reductions or modifications that may alleviate 
congestion at EWR. In response, one foreign carrier provided schedule 
reductions at EWR.

VI. Unscheduled Operations and New Scheduled Operations

    The FAA will not accommodate new scheduled operations at EWR. 
Permitting new scheduled operations could exacerbate the existing 
conditions and undo the purpose of the delay reduction meeting, which 
is to achieve operational stability at EWR.
    The FAA will continue to accommodate other unscheduled operations, 
such as cargo, charter, or nonscheduled foreign carrier operations, on 
a ``first come, first serve'' basis to the extent such operators can be 
accommodated at EWR. All requests must be submitted to and approved by 
the FAA Slot Administration at [email protected]. In addition, 
these operations must also obtain approval from the EWR terminal to 
operate. The FAA encourages operators to utilize nearby airports to 
access the region while this Order is in effect.

VII. Operational Flexibility

    Based on the FAA's experience with capacity-constrained airports, 
the FAA anticipates that carriers may occasionally need to modify their 
schedules 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 to outside the hourly window 
associated with an authorized timing.
    The FAA also 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 disruptions due to 
operation issues, weather, or other circumstances beyond the carrier's 
control. Since EWR is a Level 2 airport, The 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.

VIII. National Environmental Policy Act

    The FAA has determined that this action qualifies for categorical 
exclusion (CATEX) under the National Environmental Policy Act (42 
U.S.C.

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4321, et seq.) in accordance with FAA Order 1050.1F, ``Environmental 
Impacts: Policies and Procedures,'' paragraphs 5-6.5.j, 5-6.6.d, and 5-
6.6.f. The CATEX listed in FAA Order 1050.1F, paragraph 5-6.5.j applies 
to the following category of actions: ``Implementation of procedures to 
respond to emergency air or ground safety needs, accidents, or natural 
events with no reasonably foreseeable long-term adverse impacts.'' The 
FAA has determined that the circumstances at EWR, including ongoing 
construction of a major runway, Air Traffic Control telecommunications 
failures, and insufficient Air Traffic Control staffing levels rise to 
the level of emergency air or ground safety needs. Moreover, there are 
no reasonably foreseeable long-term adverse impacts given that the 
Order is of limited duration and involves only reduced, as opposed to 
increased, operations.
    The CATEX listed in FAA Order 1050.1F, paragraph 5-6.6.d applies 
to: ``Issuance of regulatory documents (e.g., Notices of Proposed 
Rulemaking and issuance of Final Rules) covering administrative or 
procedural requirements.'' The CATEX in paragraph 5-6.6.f applies to: 
``Regulations, standards, and exemptions (excluding those that if 
implemented may cause a significant impact on the human environment).'' 
The FAA has determined that these CATEX categories are applicable as 
well.
    This action is not expected to cause any potentially significant 
environmental impacts, and no extraordinary circumstances exist that 
would preclude the use of this CATEX and require a higher level of NEPA 
review.

IX. Order

    Accordingly, with respect to 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 authorized scheduled 
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 the FAA operating 
authority under 14 CFR part 121, 129, or 135. This Order further 
affirms that the FAA will not accommodate new requests or re-timings 
into schedule-facilitated hours with 34 arrivals and 34 departures if 
such a request will result in exceeding the hourly limit. Finally, the 
FAA will accommodate unscheduled operations in certain hours throughout 
the schedule-facilitated day, on a ``first come, first serve'' basis. 
All requests must be submitted to and approved by the FAA Slot 
Administration at [email protected]. The FAA Vice President, 
System Operations Services, is the final decision-maker for 
determinations under this paragraph. The provisions in paragraphs 2 
through 11 below apply 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 establishes daily targeted scheduled arrivals and 
departures at EWR from 6 a.m. through 10:59 p.m., Eastern Time, until 
October 25, 2025, and on weekends from September 1, 2025, through 
December 31, 2025, from Friday at 11 p.m. through 5 a.m. on Sunday.
    3. This Order takes effect on June 6, 2025, and expires on December 
31, 2025.
    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 p.m. through 5 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. Carriers will retain historic priority for the next 
corresponding season for authorized scheduled timings reduced or re-
timed under the delay reduction proceedings.
    6. 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 at [email protected], and must come from a 
designated representative of the carrier.
    7. Notice of a swap must be submitted in writing to the FAA Slot 
Administration Office at [email protected] and must come from a 
designated representative of each carrier. FAA must confirm and approve 
these exchanges in writing prior to the effective date of the exchange.
    8. Any authorized scheduled timing not used during the remainder of 
the Summer 2025 scheduling season or applicable dates in the Winter 
2025/2026 scheduling season 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 the DOT will review these requests. The FAA will respond to 
the carrier with an acknowledgement of the request and a determination.
    9. If the 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.
    10. The FAA may 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.
    11. 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 June 6, 2025.
Christopher J. Rocheleau,
Acting Administrator, Federal Aviation Administration.
[FR Doc. 2025-10613 Filed 6-6-25; 4:15 pm]
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