64964 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

14 17 CFR 200.30–3(a)(85). 

1The 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. 

2Operating 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. 

3These designations remain effective until the 

FAA announces a change in the Federal Register. 

Electronic Comments 

• 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. 

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. 

[FR Doc. 2023–20307 Filed 9–19–23; 8:45 am] 

BILLING CODE 8011–01–P 

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: 7-AWA-slotadmin@

faa.gov. 

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 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). 

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

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 64965 

4The 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. 

5ASPM: Key Advisories: GDP & GS Report. 

https://aspm.faa.gov/aspmhelp/index/ASPM_Key_

Advisories__GDP_%26_GS_Report.html. 

6ASPM: Airport Analysis: EDCT Report. 

7Aviation System Performance Metrics (ASPM): 

Airport Analysis: Delayed Flights Report. https://

aspm.faa.gov/aspmhelp/index/ASPM__Analysis__

Delayed_Flights.html. 

8ASPM: Airport Efficiency: Daily Configuration 

By Hour Report. https://aspmhelp.faa.gov/index/ 

ASPM_Efficiency__Daily_Configuration_By_Hour_

Report.html. 

9See 88 FR 22514 (April 13, 2023); 87 FR 60430 

(October 5, 2022). 

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. 

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 

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 


lotter on DSK11XQN23PROD with NOTICES1
64966 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

10See Department of Transportation Order 2022– 

7–1, Docket DOT–OST–2021–0103, served July 5, 

2022, ‘‘Reassignment of Schedules at NewarkLiberty International Airport’’.10. 

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] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2023–0027] 

Agency Information Collection 

Activities: Request for Comments for a 

New Information Collection; 

Withdrawal 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice; withdrawal. 

SUMMARY: 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). 

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 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice; withdrawal. 

SUMMARY: 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. 

SUPPLEMENTARY INFORMATION: The 

FHWA is withdrawing the notice 

published in the Federal Register on 

September 15, 2023, at 88 FR 63643 (FR 

Doc. 2023–20042). 

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 

AGENCY: 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. 

SUMMARY: 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 


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