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###### Department of Transportation

###### Federal Aviation Administration

# 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 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                           ( print 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.                

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                           ( print 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.                

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.

# Footnotes

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.                    
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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.                    
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3.                             These designations remain effective until the FAA announces a change in the                         **Federal Register**                        .                    
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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.                    
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5.                             ASPM: Key Advisories: GDP & GS Report.                         *https://aspm.faa.gov/​aspmhelp/​index/​ASPM_​Key_​Advisories_​_​GDP_​%26_​GS_​Report.html.*
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6.                             ASPM: Airport Analysis: EDCT Report.                    
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7.                             Aviation System Performance Metrics (ASPM): Airport Analysis: Delayed Flights Report.                         *https://aspm.faa.gov/​aspmhelp/​index/​ASPM_​_​Analysis_​_​Delayed_​Flights.html.*
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8.                             ASPM: Airport Efficiency: Daily Configuration By Hour Report.                         *https://aspmhelp.faa.gov/​index/​ASPM_​Efficiency_​_​Daily_​Configuration_​By_​Hour_​Report.html.*
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9.                                                     *See*88 FR 22514 (April 13, 2023); 87 FR 60430 (October 5, 2022).                    
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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.                    
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[FR Doc. 2023-20419 Filed 9-18-23; 11:15 am]

BILLING CODE 4910-13-P