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[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15780-15781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06692]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Orders Limiting Operations at John F. Kennedy International 
Airport, LaGuardia Airport and Newark Liberty International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability of limited waiver of the slot usage 
requirement.

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SUMMARY: This action announces a limited waiver of the requirement to 
use Operating Authorizations (slots) at John F. Kennedy International 
Airport, LaGuardia Airport, and Newark Liberty International Airport 
due to significant impacts of winter weather in January 2016. This 
policy is effective from January 22, 2016, through January 26, 2016. 
Carriers who seek to obtain a waiver must submit information on flight 
cancellations and the slots for which relief is requested.

DATES: Effective Date: Effective upon publication.

FOR FURTHER INFORMATION CONTACT: For questions concerning this Notice 
contact: Susan Pfingstler, System Operations Services, Air Traffic 
Organization, Federal Aviation Administration, 600 Independence Avenue 
SW., Washington, DC 20591; telephone (202) 267-6462; email 
susan.pfingstler@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    Under the FAA's Orders limiting operations at John F. Kennedy 
International Airport (JFK), New York LaGuardia Airport (LGA), and 
Newark Liberty International Airport (EWR), slots must be used at least 
80 percent of the time.\1\ This usage requirement is expected to 
accommodate routine cancellations under all but the most unusual 
circumstances. Slots not meeting the minimum usage rules will be 
withdrawn or not receive historic precedence for the following 
scheduling season, depending on the airport. The FAA may grant a waiver 
from the minimum usage requirement in highly unusual and unpredictable 
conditions that are beyond the control of the carrier and affect 
carrier operations for five or more consecutive days at JFK, LGA, and 
EWR.
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    \1\ Operating Limitations at John F. Kennedy International 
Airport, 79 FR 16855 (March 26, 2014). Operating Limitations at New 
York LaGuardia Airport, 79 FR 17223 (March 26, 2014). Operating 
Limitation at Newark Liberty International Airport, 79 FR 16.859 
(March 26, 2014).
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    Recent weather on the East Coast severely disrupted aviation and 
other modes of transportation. A winter storm from January 22 to 
January 24, 2016, impacting the mid-Atlantic and Northeast regions, 
resulted in record snowfall levels in several locations, including the 
New York City area. The storm impacted a widespread area in the eastern 
U.S., including airports with regularly scheduled flights to or from 
the New York City area. The storm resulted in reduced airport capacity 
due to snow accumulation on runways and taxiways. Further, this storm 
covered a wide geographical area and impacted capacity and operations 
at outlying airports with service to EWR, JFK, and LGA.
    Carriers responded to the forecasted storm by proactively 
cancelling flights to avoid stranding passengers, to minimize the 
number of aircraft on the ground at airports affected by the storm, and 
to position aircraft and crews to implement network recovery plans and 
resume normal operations as soon as possible. Cumulative effects from 
the storm impacted operations for some carriers until January 26, 2016.
    FAA operational data (OPSNET) on the number of actual air carrier 
and air taxi operations at EWR, JFK, and LGA indicate flight 
cancellations began on January 22 and the impacts were most significant 
on Saturday, January 23 and Sunday, January 24. On January 22, about 20 
percent of EWR and LGA flights were cancelled compared to other Fridays 
in January while about ten percent of JFK flights were cancelled. On 
January 23, EWR had 18 air carrier and air taxi operations, JFK had 58 
and LGA had three. On January 24, EWR had 67 air carrier and air taxi 
operations, JFK had 447, and LGA had 107. On January 25 and 26, EWR had 
less than 60 percent of typical January traffic levels while snow 
removal efforts continued. All three airports were at typical operation 
levels by Wednesday, January 27. Consequently, some carriers have 
advised the FAA of plans to request a waiver of the minimum slot usage 
requirements due to the number of flight cancellations and the extent 
and duration of disruptions.

Statement of Policy

    The FAA has determined that the facts described above meet the 
criteria for a limited waiver of the minimum slot usage requirement. 
The winter storm caused cumulative effects with operational disruptions 
that impacted carriers at the New York City area slot controlled 
airports lasting five consecutive days. The FAA believes the impact of 
this storm on air travel constitutes unusual and unpredictable 
circumstances.
    The FAA has determined that adopting a policy setting forth 
conditions for a waiver of the usage policy during the January 22-26, 
2016, period is warranted in these circumstances. However, this waiver 
will apply only to flights that were scheduled to operate on one or 
more of the impacted days. A carrier seeking to obtain the relief 
consistent with this Notice is required to submit detailed information 
regarding scheduled flights, cancellations, and the associated slots at 
each airport for each day relief is requested, as discussed further in 
this Notice.
    As the FAA has stated previously, waivers to the usage requirements 
will not be granted routinely. Slot rules allow for up to 20 percent 
nonuse, including planned and unplanned cancellations. This is expected 
to accommodate weather and other cancellations or planned non-use of

[[Page 15781]]

slots under all but the most unusual circumstances. Carriers should 
plan schedules in order to meet the minimum usage requirement.
    Consistent with this Notice, the FAA will treat as used, any slot 
allocated to a carrier on January 22 through 26, 2016, for which there 
was a planned flight that was subsequently cancelled. A waiver will not 
apply to slots without a corresponding scheduled flight as the carrier 
should have already factored nonuse on those days into their usage 
plans. In order to obtain a waiver under this policy, a carrier must 
provide a list of the cancelled flights at each slot-controlled 
airport, including the reported slot identification number, operating 
carrier, flight number, date, scheduled time of operation, scheduled 
origin or destination airport, and the diversion airport, if 
applicable.
    Carriers must submit the detailed slot and flight information to 
the FAA Slot Administration Office by email to 7-awa-slotadmin@faa.gov. 
Carriers at LGA, which reported usage in mid-March, will have until 
April 8, 2016, to submit additional information to request a waiver 
under the terms of this Notice. At JFK and EWR, usage reports for the 
winter 2015-2016 scheduling season are due by April 25, 2016. Carriers 
at JFK and EWR must request a waiver request under this Notice by the 
due date of the reports. The FAA will review the submission to 
determine if it meets the terms of this limited waiver. Based on the 
submitted information, the FAA will respond to individual carriers via 
email confirming the slots that will be treated as used under this 
policy.

    Issued in Washington, DC, on March 21, 2016.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2016-06692 Filed 3-23-16; 8:45 am]
 BILLING CODE 4910-13-P
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