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[Federal Register: February 26, 2010 (Volume 75, Number 38)]
[Notices]               
[Page 9017-9018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe10-147]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Orders Limiting Scheduled Operations at John F. Kennedy 
International Airport, LaGuardia Airport and Newark Liberty 
International Airport; High Density Rule at Reagan National Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of limited waiver of the slot usage requirement.

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SUMMARY: This action announces a limited waiver of the requirements to 
use slots at Washington's Reagan National Airport (DCA) and Operating 
Authorizations (slots) at John F. Kennedy International Airport (JFK), 
LaGuardia Airport (LGA), and Newark Liberty International Airport 
(EWR). This policy is effective from February 5, 2010 through February 
15, 2010.

DATES: Effective upon publication.

FOR FURTHER INFORMATION CONTACT: Robert Hawks, Office of the Chief 
Counsel, Regulations Division, Federal Aviation Administration, 800 
Independence Avenues, SW., Washington, DC 20591; telephone: (202) 267-
7143; e-mail: rob.hawks@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Multiple snowstorms in the northeastern and mid-Atlantic United 
States beginning February 5, 2010, severely disrupted aviation and 
other modes of transportation. Substantial amounts of snow from these 
storms resulted in numerous airport closures. Airports' capacity was 
also significantly reduced due to weather, snow removal operations, and 
aircraft deicing programs. Air carriers responded by cancelling flights 
and combining operations, and the FAA used traffic management programs 
as needed to manage traffic with available airspace and airport 
capacity. Carriers instituted network operational recovery plans during 
this time to position aircraft and crews needed to resume scheduled 
operations.
    The degree of disruption and cancellations varied by airport and by 
day, but DCA, JFK, LGA, and EWR all were affected by the storms. 
However, the flight disruptions were not limited to the slot-controlled 
airports. Operations at other airports in the Washington, DC, area and 
throughout the eastern United States were likewise impacted. Recovery 
of normal operations took several days after the initial storms and was 
exacerbated by subsequent adverse weather conditions. Operations at all 
airports appeared to return to normal by February 16.
    Under the FAA's High Density Rule and orders limiting scheduled 
operations at the airports, slots must be used at least 80 percent of 
the time. Slots not meeting the minimum usage rules will be withdrawn 
or not receive historic precedence for the following scheduling season, 
depending on the

[[Page 9018]]

airport.\1\ The FAA may grant a waiver from the minimum usage 
requirements in highly unusual and unpredictable conditions that are 
beyond the control of the carrier and affect carrier operations for a 
period of five consecutive days or more.
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    \1\ 14 CFR Sec.  93.227 (DCA); 74 FR 51648 (Oct. 7, 2009) (EWR); 
74 FR 51650 (Oct. 7, 2009) (JFK); 74 FR 51653 (Oct. 7, 2009) (LGA).
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Statement of Policy

    The FAA has determined these unusual circumstances meet the 
criteria for a limited waiver of the minimum slot usage. Accordingly, 
the FAA will treat as used any slot or Operating Authorization held by 
a carrier from February 5 through 15, 2010.
    The FAA does not intend to routinely grant general waivers to the 
usage requirements. Rules allow for up to 20 percent nonuse, including 
planned and unplanned cancellations. These rules are expected to 
accommodate routine weather and other cancellations under all but the 
most unusual circumstances.

    Issued in Washington, DC on February 19th, 2010.
James W. Whitlow,
Acting Chief Counsel.
[FR Doc. 2010-3958 Filed 2-25-10; 8:45 am]
BILLING CODE 4910-13-P
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