[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34393-34394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16512]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration (FAA)

[Dockets No. FAA-2007-29320 and FAA-2008-0221]


Operating Limitations at John F. Kennedy International Airport 
and Newark Liberty International Airport

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

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SUMMARY: This action announces a limited waiver of the minimum usage 
requirements that apply to Operating Authorizations at John F. Kennedy 
International Airport (JFK) and Newark Liberty International Airport 
(EWR) for nonstop flights to or from Mexico. This policy is effective 
from April 27, 2009, through September 12, 2009.

DATES: Effective Date: effective upon publication.

FOR FURTHER INFORMATION CONTACT: James Tegtmeier, Associate Chief 
Counsel for the Air Traffic Organization; telephone--(202) 267-8323; e-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="d1bcb0b8bd8ebbb0bcb4a2ffa5b4b6a5bcb4b8b4a391b7b0b0ffb6bea7">[email protected]</a>.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, the Air Transport Association (ATA) requested a partial 
waiver of the minimum slot usage requirements at JFK and EWR. The ATA 
requested relief for flights between points in Mexico and JFK or EWR, 
citing the recent incidence of H1N1 influenza that has affected the 
number of airline passengers traveling to and from cities in Mexico. 
ATA also cites actions by the U.S. Centers for Disease Control and 
Prevention (CDC), the World Health Organization, and the Mexican 
government to address the H1N1 outbreak, which have limited passenger 
demand for flights to Mexico.
    According to ATA, demand had fallen by approximately 50 percent and 
future bookings were ``vastly reduced.'' ATA represented that the 
relief is necessary to address an unexpected and extraordinary 
disruption of travel demand and service. ATA sought a waiver of the 
minimum usage requirements on flights to and from Mexico, as well as to 
and from any other country to which the CDC recommends against 
unnecessary travel. The CDC issued such a recommendation regarding non-
essential travel to and from Mexico on April 27. The CDC withdrew its 
recommendation on May 15, narrowing its travel-related, precautionary 
advice to the population that is at risk for complications from the 
virus.
    Under the FAA's orders limiting scheduled operations at the 
airports, slots must be used at least 80 percent of the time or they 
will be withdrawn and will not receive historic precedence for the 
following scheduling season.\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\ 73 FR 8,737, 8,737-38, 8,739 (Feb. 14, 2008) (JFK); 73 FR 
29,550, 29,554-55 (May 21, 2008).
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Statement of Policy

    The FAA has determined that the circumstances surrounding the 
outbreak of the H1NI flu meet the criteria for a limited waiver of the 
applicable minimum slot usage requirements. On April 27, the CDC issued 
a Travel Health Warning recommending against non-essential travel to 
Mexico. The CDC downgraded this warning on May 15 to a Travel Health 
Precaution, urging travelers to take steps to protect against 
contracting the H1NI flu and to consider postponing travel if the 
traveler is in a population that is at risk for complications from the 
virus.
    We have evaluated the effect of the CDC recommendations on carriers 
that conduct scheduled service to affected airports. Our review of 
carrier schedules at JFK, EWR, and other airports shows that carriers 
have cancelled flights or adjusted frequencies for various dates 
through the summer season. Many carriers have also adopted policies to 
allow limited flexibility for passengers to change or cancel 
reservations for Mexico flights. Carriers are assessing demand to 
determine when or if to restore flights to points in Mexico. At the 
same time, overall demand for flights in the New York City area remains 
strong, and several carriers are seeking slots for new or expanded 
service. As a result, carriers that have cancelled service to Mexico 
could use the slots to serve other markets or to enter into agreements 
to have other carriers use their slots for a period of time.
    The FAA has decided to grant the waiver until September 12, because 
many carriers have significant schedule changes during that month. This 
would also afford affected carriers a period of time to arrange for the 
continued use of the operating authority at or above the minimum use 
threshold, either by adding service to unaffected locations or by 
leasing or trading the operating authority to another carrier that can 
conduct such service. This slot usage waiver applies only to nonstop 
flights

[[Page 34394]]

scheduled between JFK or EWR and a point in Mexico during the effective 
dates of this policy and only to flights that were available for sale 
prior to April 27, 2009.
    Carriers must identify to the FAA's Slot Administration Office the 
dates for which the waiver is requested and provide the flight number, 
origin/destination airport, scheduled time of operation, and the slot 
identification number. By August 14, carriers should identify qualified 
cancelled flights for the period from April 27 through August 2. 
Beginning August 3, carriers must provide advance notice of 
cancellations to the FAA Slot Administration Office in order to obtain 
a waiver. Information should be provided to the Slot Administration 
Office by e-mail at <a href="/cdn-cgi/l/email-protection#99aeb4f8eef8b4eaf5f6edf8fdf4f0f7d9fff8f8b7fef6ef"><span class="__cf_email__" data-cfemail="fec9d39f899fd38d92918a9f9a939790be989f9fd0999188">[email protected]</span></a> or by facsimile at (202) 
267-7277.

    Issued in Washington, DC on July 7, 2009.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. E9-16512 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-M


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