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[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Notices]               
[Page 32987]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn10-87]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Orders Limiting Scheduled Operations at John F. Kennedy 
International Airport and Newark Liberty International 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 Operating Authorizations (slots) at John F. Kennedy International 
Airport (JFK) and Newark Liberty International Airport (EWR). The FAA 
will treat as used any Operating Authorization that was scheduled for 
an operation between JFK or EWR and points in Europe from April 14 
through April 26, 2010. The FAA also will grant similar relief on an 
individual carrier basis following notification for scheduled flights 
between JFK or EWR and points in Europe canceled due to volcanic ash 
from April 27 through October 30, 2010. This policy is effective from 
April 14, 2010 through October 30, 2010.

DATES: Effective Date: Effective upon publication.

FOR FURTHER INFORMATION CONTACT: Robert Hawks, Office of the Chief 
Counsel, Regulations Division, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-
7143; e-mail: rob.hawks@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On April 14, 2010, an eruption of the Eyjafjallaj[ouml]kull volcano 
in Iceland began releasing large quantities of volcanic ash into the 
air. The resulting volcanic ash cloud spread over a large area of 
Europe before dissipating. The volcanic ash cloud resulted in 
widespread airspace restrictions and grounding of aircraft across much 
of Europe due to safety concerns. Air carriers responded by canceling 
tens of thousands of flights during an approximately one-week period. 
Airspace restrictions were relaxed as the volcanic ash cloud 
dissipated, and most European airspace restrictions were lifted by the 
evening of April 20. Recovery of normal operations took several days 
but appeared to return normal at all airports by April 27.
    Although volcanic ash did not affect aircraft operation within U.S. 
airspace, the flight cancellations impacted U.S. airports that serve as 
international gateways, including slot-controlled JFK and EWR. U.S. and 
foreign carriers canceled transatlantic operations due to airspace 
closures and had to reposition aircraft before resuming scheduled 
operations after airspace reopened.
    After the April airspace closures, volcanic ash has caused 
intermittent European airspace and airport closures resulting in 
transatlantic flight cancellations, but these closures have been 
limited in scope and duration. The Eyjafjallaj[ouml]kull volcano is 
predicted to continue erupting over the next several months, and 
volcanic ash may disrupt aircraft operations throughout this period.
    By letter dated May 17, 2010, Continental Airlines has asked the 
FAA to grant a limited waiver of the minimum usage requirement at EWR 
through the summer scheduling season ending on October 30, 2010, due to 
the highly unusual and unpredictable nature of airspace and airport 
closures.
    Under the 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.\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 or more consecutive 
days.
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    \1\ 74 FR 51648 (Oct. 7, 2009) (EWR); 74 FR 51650 (Oct. 7, 2009) 
(JFK).
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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. 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.
    Accordingly, the FAA will grant relief from the use-or-lose 
requirements for all carriers operating scheduled flights at JFK and 
EWR to or from points in Europe during the period from April 14 through 
26, 2010. The FAA will treat as used any Operating Authorization that 
was scheduled for an operation between JFK or EWR and points in Europe 
from April 14 through April 26, 2010. Additionally, the FAA recognizes 
some carriers have canceled scheduled flights between JFK or EWR and 
points in Europe since April 26, and further ash-related cancellations 
may occur over the coming months. The FAA will grant similar relief on 
an individual carrier basis for scheduled flights between JFK or EWR 
and points in Europe canceled due to volcanic ash after April 26. 
Carriers should advise the FAA Slot Administration Office of volcanic-
ash-related cancellations by e-mail to 7-awa-slotadmin@faa.gov to 
obtain relief. The FAA may revise this policy if there are widespread 
or long-term impacts similar to the April airspace closures.

    Issued in Washington, DC, on June 5, 2010.
Rebecca B. MacPherson,
Associate Chief Counsel for Regulations.
[FR Doc. 2010-13994 Filed 6-9-10; 8:45 am]
BILLING CODE 4910-13-P
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