This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

64793 

Vol. 88, No. 181 

Wednesday, September 20, 2023 

1Operating Limitations at John F. Kennedy 

International Airport, 87 FR 65161 (Oct. 28, 2022); 

Operating Limitations at New York LaGuardia 

Airport, 87 FR 65159 (Oct. 28, 2022). 

2At JFK, the FAA will determine historical rights 

to operating authorizations and withdrawal of those 

rights due to insufficient usage on a seasonal basis 

and in accordance with the schedule approved by 

the FAA prior to the commencement of the 

applicable season. See JFK Order, 87 FR at 65163. 

At LGA, the FAA will withdraw any operating 

Continued 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

Staffing-Related Relief Concerning 

Operations at Ronald Reagan 

Washington National Airport, John F. 

Kennedy International Airport, 

LaGuardia Airport, and Newark Liberty 

International Airport, October 29, 2023, 

Through March 30, 2024 (Winter 2023/ 

2024) and March 31, 2024, Through 

October 26, 2024 (Summer 2024) 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation. 

ACTION: Limited waiver of the slot usage 

requirement. 

SUMMARY: The FAA announces a 

limited, conditional waiver of the 

minimum usage requirement that 

applies to Operating Authorizations or 

‘‘slots’’ at John F. Kennedy International 

Airport (JFK), New York LaGuardia 

Airport (LGA), and Ronald Reagan 

Washington National Airport (DCA) due 

to post-pandemic effects on Air Traffic 

Controller (ATC) staffing at the New 

York Terminal Radar Approach Control 

(TRACON) facility (N90). In addition, 

the FAA is announcing a limited policy 

for prioritizing returned operations at 

Newark Liberty International Airport 

(EWR) due to post-pandemic effects on 

ATC staffing at N90 for purposes of 

establishing a carrier’s operational 

baseline in the next corresponding 

season. 

DATES: This action is effective 

September 20, 2023. 

ADDRESSES: Requests may be submitted 

by mail to the Slot Administration 

Office, System Operations Services, 

AJR–0, Room 300W, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by email to: 7-awa-slotadmin@faa.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this notice 

contact: Al Meilus, Capacity and Slot 

Analysis, FAA ATO System Operations 

Services, AJR–G5, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone 202–267–2822; email 

al.meilus@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The New York Terminal Radar 

Approach Control facility (N90) 

provides ATC services to overhead 

flights in the Northeast corridor and to 

the New York City area airports, 

including JFK, LGA, and EWR. The 

airspace complexity resulting from the 

close proximity of the major commercial 

airports serving the New York City 

region is a significant contributing factor 

to delays at JFK, LGA, and EWR. 

Against this challenging backdrop, N90 

is also facing staffing shortfalls that are 

impacting its ability to efficiently 

manage the volume of air traffic in this 

congested airspace. The FAA has made 

it a top priority to address these 

capacity constraints, including by 

dedicating significant resources to 

training a new air traffic controller 

workforce, and these efforts remain 

ongoing. In addition, based on FAA 

observations of air carrier operations 

and recent discussions with industry, 

there are likely other contributing 

factors, including air carrier staffing 

issues on the ground. 

With demand for air travel at a record 

high, additional measures are necessary 

to ensure that the FAA is able to provide 

expeditious services to aircraft operators 

and their passengers that traverse this 

airspace during this time of transition. 

Early carrier schedules/discussions 

indicate an increase in operations after 

October 29, 2023, through most of the 

winter 2023/2024 scheduling season 

and for all of the summer 2024 

scheduling season. This being the case, 

the FAA expects increased delays and 

cancellations in the New York region to 

exceed those experienced over winter 

2022/2023 and summer 2023 if a waiver 

similar to the one in effect for summer 

2023 is not in place for the winter 2023/ 

2024 and summer 2024 scheduling 

season to allow carriers to reduce 

schedules without penalties for non-use 

of slots or previously approved 

operating times. Reducing schedules 

will improve the alignment between 

scheduled operations and actual 

operations, will help prevent 

unnecessary delays, will help optimize 

the efficient use of the airports’ 

resources, and will help deliver 

passengers to their destinations more 

reliably and on time. 

Summary of Petitions Received 

On July 26th, 2023, the FAA received 

a petition from American Airlines Inc. 

(American) requesting an extension of 

the initial summer 2023 waiver until the 

end of the IATA winter 2023/2024 

season. American contends that 

extending the relief will support 

operational integrity in the New York 

region. In addition, American argues 

that the winter season leads to unique 

operational challenges, particularly deicing, where ramp space increasingly is 

congested and aircraft have a limited 

window to depart. 

On September 1, 2023, the FAA 

received a petition from Alaska Airlines, 

Inc. (Alaska) sharing the concerns of 

other carriers regarding the impact of 

ATC staffing on airspace management in 

the New York Area for an additional 

waiver extension but requested a waiver 

only through the winter 2023/2024 

season. Alaska urges the FAA to use the 

additional tools at its disposal to help 

minimize operational disruptions before 

granting a long-term waiver. Alaska 

avers that a long-term waiver would fail 

to appropriately maximize the use of 

limited slots and potentially hinder new 

future competition in the New York 

market. 

Standard 

At JFK and LGA, slot-holding carriers 

must use each assigned slot at least 80 

percent of the time.1 The FAA will 

withdraw slots not meeting the 

minimum usage requirements. The FAA 

may waive the 80 percent usage 

requirement in the event of a highly 

unusual and unpredictable condition 

that is beyond the control of the slotholding air carrier, and which affects 

carrier operations for a period of five 

consecutive days or more.2


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64794 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Rules and Regulations 

authorization not used at least 80 percent of the 

time over a two-month period. See LGA Order, 87 

FR at 65160. 

3See 14 CFR 93.227(a). 

4See 14 CFR 93.227(j). 

At DCA, the FAA also will recall any 

slot not used at least 80 percent of the 

time over a two-month period.3 The 

FAA may waive this minimum usage 

requirement in the event of a highly 

unusual and unpredictable condition 

that is beyond the control of the slotholding carrier, and which exists for a 

period of nine or more days.4

In determining historical rights to 

allocated slots, including whether to 

grant a waiver of the usage requirement, 

the FAA seeks to ensure the efficient 

use of valuable aviation infrastructure 

and maximize the benefits to both 

airport users and the traveling public. 

The minimum usage requirement is 

expected to accommodate routine 

cancellations under all but the most 

unusual circumstances. Carriers proceed 

at risk if they make scheduling 

decisions in anticipation of the FAA 

granting a slot usage waiver. 

Analysis 

Due to the volume of originating and 

destination flights in the New York City 

region, as well as the interdependency 

and complexity of the airspace 

surrounding JFK, LGA, and EWR, delays 

caused in part by N90 staffing shortfalls 

are expected to significantly impact 

carriers’ ability to operate and meet 

minimum usage requirements in the 

winter 2023/2024 and summer 2024 

scheduling seasons. Absent increased 

flexibility, the FAA anticipates a high 

likelihood of congestion and delay at 

JFK, LGA, and EWR. 

Typically, the 20 percent nonutilization allowed under the minimum 

usage requirement accounts for 

cancellations due to ATC staffing 

delays; however, the extent of N90 

staffing shortfalls and the increase in 

scheduled operations for the winter 

2023/2024 season and expected increase 

in schedules in the summer 2024 season 

present a highly unusual and 

unpredictable condition beyond the 

control of carriers that will impact 

operations through the entire winter 

2023/2024 and summer 2024 scheduling 

seasons. A waiver of minimum slot 

usage requirements at JFK and LGA, and 

a similar policy of prioritizing returned 

operations at EWR, is necessary to allow 

carriers to reduce operations to enable 

scheduling and operational stability. In 

addition, because New York City-DCA is 

a high-frequency market for multiple 

carriers, the FAA recognizes this market 

is a likely target for carriers to 

consolidate flights while retaining their 

network connectivity. If carriers choose 

to reduce their schedules in the New 

York City-DCA market, the FAA 

encourages, to the extent practical, 

carriers to utilize their DCA slots to 

operate to other destinations. However, 

if carriers choose not to utilize their 

DCA slots elsewhere, the FAA may 

consider providing relief to DCA slots 

that are impacted by the reduction in 

operations at the New York City 

airports. 

Finally, carriers should be aware that 

the N90 staffing shortfalls will not form 

a sufficient basis for further relief going 

forward in the winter 2023/2024 and 

summer 2024 scheduling seasons 

because carriers will have had sufficient 

opportunity to plan and take remedial 

action under this waiver policy. The 

FAA does not foresee providing 

additional post-hoc relief associated 

with ATC staffing given the 

extraordinary relief provided here. 

Given this relief, operational impacts 

associated with N90 staffing during the 

winter 2023/2024 and summer 2024 

scheduling season will not have been 

beyond carriers’ control and will not 

serve as a justification for a separate 

waiver. 

Decision 

The FAA determined that the postpandemic effects on N90 staffing meet 

the applicable waiver standards and 

warrant a limited waiver of minimum 

slot usage requirements at JFK and LGA 

to allow carriers to return up to ten 

percent of their slots at each airport, as 

well as impacted operations between 

DCA and the New York City airports. In 

addition, the FAA has determined the 

post-pandemic effects on N90 staffing 

warrant a limited policy for prioritizing 

returned operations at EWR to allow 

carriers to return up to ten percent of 

their approved operating timings, for 

purposes of establishing a carrier’s 

operational baseline in the next 

corresponding season. Carriers seeking 

to return their slots and approved 

operating timings must do so by October 

13, 2023, for the winter 2023/2024 

scheduling season (October 29, 2023, 

through March 30, 2024); and by 

December 15, 2023, for the summer 

2024 scheduling season (March 31 

through October 26, 2024) to be eligible 

for relief under this waiver. For DCA, 

this relief is available only for flights 

impacted by operations to or from the 

New York City area airports. If carriers 

utilizing the relief provided under this 

limited waiver at EWR subsequently 

operate unapproved flights at that 

airport, those carriers will forfeit their 

scheduling preference to an equal 

number of returned, approved operating 

timings chosen at the FAA’s discretion 

for the subsequent equivalent traffic 

season. Furthermore, the FAA expects 

carriers to up-gauge aircraft serving the 

affected airports to the extent possible to 

maintain passenger throughput and 

minimize the impact on consumers. The 

FAA also expects carriers to maintain 

connections between the affected 

airports and regional airports to the 

extent possible in support of continuous 

scheduled interstate air transportation 

for small communities and isolated 

areas. In addition, the FAA urges 

carriers to return scheduled operations 

in the peak delay periods of the day. 

The following hours (in local time) are 

the most prone to delay at each airport: 

EWR: 1400–2159, JFK: 1300–2259, LGA: 

1300–2159. 

The FAA will not reallocate the 

temporarily returned slots or approved 

operating timings at JFK, LGA, or EWR, 

as the goal is to reduce the volume of 

operations in the New York City region. 

Carriers are encouraged to utilize their 

DCA slots in other markets before 

returning them to the FAA. In the event 

DCA slots are returned under this 

waiver, other carriers will have an 

opportunity to operate the slots on an 

ad hoc basis without historic 

precedence. 

The FAA will treat as used the 

specific slots returned in accordance 

with the conditions in this notice for the 

period from October 29, 2023, through 

March 30, 2024 (winter 2023/2024) and 

March 31, 2024, through October 26, 

2024 (summer 2024). 

The relief is subject to the following 

conditions: 

1. The specific slots and approved 

operating timings must be returned to 

the FAA by October 13, 2023, for the 

winter 2023/2024 scheduling season; 

and by December 15, 2023, for the 

summer 2024 scheduling season. 

2. This waiver applies only to slots 

that have corresponding, scheduled 

operations during the period of the 

grant. A carrier temporarily returning a 

slot or approved operating time to the 

FAA for relief under this waiver must 

identify corresponding scheduled 

operations for winter 2023/2024, or 

approved slots or operating timings for 

summer 2024. The FAA may validate 

information against published schedule 

data prior to the issuance of this notice, 

and other operational data maintained 

by FAA. Slots or operating times 

returned without an associated 

scheduled and canceled operation will 

not receive relief. 

3. Slots or approved operating timings 

newly allocated for initial use since the 


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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Rules and Regulations 64795 

previous corresponding scheduling 

season are not eligible for relief. 

4. Slots authorized at DCA by 

Department of Transportation or FAA 

exemptions are not eligible for relief. 

Issued in Washington, DC, on September 

15, 2023. 

Marc A. Nichols, 

Chief Counsel. 

Alyce Hood-Fleming, 

Vice President, System Operations Services. 

[FR Doc. 2023–20416 Filed 9–18–23; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 31507; Amdt. No. 574] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This amendment adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective 0901 UTC, October 05, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Nichols, Flight Procedures 

and Airspace Group, Flight 

Technologies and Procedures Division, 

Flight Standards Service, Federal 

Aviation Administration. Mailing 

Address: FAA Mike Monroney 

Aeronautical Center, Flight Procedures 

and Airspace Group, 6500 South 

MacArthur Blvd., STB Annex, Bldg. 26, 

Room 217, Oklahoma City, OK 73099. 

Telephone: (405) 954–1139. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 

circumstances require making this 

amendment effective before the next 

scheduled charting and publication date 

of the flight information to assure its 

timely availability to the user. The 

effective date of this amendment reflects 

those considerations. In view of the 

close and immediate relationship 

between these regulatory changes and 

safety in air commerce, I find that notice 

and public procedure before adopting 

this amendment are impracticable and 

contrary to the public interest and that 

good cause exists for making the 

amendment effective in less than 30 

days. 

Conclusion 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 95 

Airspace, Navigation (air). 

Issued in Washington, DC, on September 1, 

2023. 

Thomas J. Nichols, 

Aviation Safety, Flight Standards Service, 

Manager, Standards Section, Flight 

Procedures & Airspace Group, Flight 

Technologies and Procedures Division. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, part 95 of the Federal 

Aviation Regulations (14 CFR part 95) is 

amended as follows effective at 0901 

UTC, October 05, 2023. 

PART 95—IFR ALTITUDES 

■ 1. The authority citation for part 95 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113 

and 14 CFR 11.49(b)(2). 

■ 2. Part 95 is amended to read as 

follows: 

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT

[Amendment 574 effective date October 05, 2023] 

From To MEA 

§ 95.2 Red Federal Airway R39 Is Amended To Delete 

OSCARVILLE, AK NDB ................................................................ * ANIAK, AK NDB ........................................................................ ** 2000 

* 3500—MCA ANIAK, AK NDB, NE BND 

** 1400—MOCA 

ANIAK, AK NDB ............................................................................ TAKOTNA RIVER, AK NDB ........................................................ * 6000 

* 5400—MOCA 

TAKOTNA RIVER, AK NDB ......................................................... MINCHUMINA, AK NDB .............................................................. 5000 

MINCHUMINA, AK NDB ............................................................... ICE POOL, AK NDB .................................................................... 4000 

§ 95.60 Blue Federal Airway B2 Is Amended To Delete 

POINT LAY, AK NDB .................................................................... CAPE LISBURNE, AK NDB/DME ............................................... 4000 

CAPE LISBURNE, AK NDB/DME ................................................. HOTHAM, AK NDB ...................................................................... * 8000 


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