
[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30925-30926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12363]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2007-29320]


Order Limiting Scheduled Operations at John F. Kennedy 
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 grants with conditions a limited waiver of the 
slot usage requirement for operating authorizations (slots) at John F. 
Kennedy International Airport (JFK) due to construction at the airport 
during the winter 2014/2015 and summer 2015 scheduling seasons. This 
waiver applies only to JFK slots for the period from March 1, 2015, 
through October 24, 2015.

DATES: Effective upon publication. The deadlines for temporary slot 
returns under this waiver are December 15, 2014, for slots from March 1 
through March 28, 2015, and January 15, 2015, for slots from March 29 
through October 24, 2015.

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

SUPPLEMENTARY INFORMATION:

Background

    The Port Authority of New York and New Jersey (Port Authority) will 
conduct extensive construction on JFK runway 4L/22R. Runway safety area 
and other preparatory work will begin in 2014 and is not expected to 
have significant operational impacts. Extensive operational impacts are 
expected in 2015 as the airport rehabilitates Runway 4L/22R, widens the 
runway to 200 feet required for Group VI aircraft, improves taxiway 
fillets required for Group VI aircraft, and constructs access and high 
speed taxiways. The work will also impact Runways 13L/31R and 13R/31L 
as they intersect with Runway 4L/22R. Runway 13L/31R will be closed 
from March 1 through April 9, 2015. Runway 4L/22R will be open during 
this time with reduced length. Runway 13R/31L will operate with reduced 
length from April 10 through September 21, 2015.
    The FAA, Port Authority, and airport stakeholders have been meeting 
for several months to review the construction plans and schedules, 
assess the potential operational impacts, and identify mitigation 
options. Updates will be discussed at various FAA and airport meetings 
over the coming months.

FAA Analysis

    Under the Order limiting scheduled operations at JFK, slots must be 
used at least 80 percent of the time. This rule is expected to 
accommodate routine weather and other cancellations under all but the 
most unusual circumstances. Slots not meeting the minimum usage rules 
will not receive historic precedence for the following corresponding 
scheduling season.\1\ The FAA may grant a waiver from the slot usage 
requirement in highly unusual and unpredictable conditions that are 
beyond a carrier's control and affect a carrier's operations for a 
period of five or more consecutive days. However, the FAA does not 
routinely grant general waivers to the usage requirement except under 
the most unusual circumstances.
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    \1\ 79 FR 16854 (Mar. 26, 2014).
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    The FAA has determined that the projected operational, congestion, 
and delay impacts of the 2015 JFK runway construction meet the 
requirements for a temporary waiver of the slot usage requirement. In 
light of the projected runway capacity and throughput impacts during 
construction, reducing operations to minimize congestion and delays is 
in the public interest. The FAA expects to implement measures such as 
those used during the JFK Runway 13R/31L construction in 2010 and 
Newark Liberty International Airport Runway 4L/22R construction in 
2014. These include seeking voluntary schedule reductions of historic 
flights in the busiest hours, retiming flights to less congested 
periods, increasing scheduled block time, limiting the allocation of 
new slots to off peak hours, optimizing the use of airport capacity 
based on demand and aircraft fleet mix, and revising air traffic 
control operational plans and procedures as warranted. Carriers that 
temporarily reduce flights and elect to temporarily return slots to the 
FAA rather than transfer them for another carrier's use should not be 
penalized by permanently losing the authority to operate.

FAA Decision

    In consideration of the foregoing, the FAA has determined to issue 
a limited slot usage waiver for the part of the winter 2014/2015 
scheduling season and all of the summer 2015 scheduling season. 
Granting a waiver for these slots is consistent with recent agency 
decisions.\2\ This waiver applies only to JFK slots for the period from 
March 1, 2015, through October 24, 2015.\3\ To obtain a waiver for a 
specific slot held, a carrier must temporarily return to the FAA slots 
that it will not operate during the waiver period. The carrier will 
retain historical precedence for these temporarily returned slots. 
These temporary slot returns permit the FAA to plan for days on which 
construction closures and resulting operational impacts occur. If the 
closure dates change due to weather or other factors, the FAA will 
apply the waiver, including retroactively, if a carrier notifies the 
FAA that the temporarily returned slots will not be operated on any new 
closure dates.
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    \2\ Notice of Temporary Waiver of the Minimum Usage Requirement 
Under the Order Limiting Scheduled Operations at John F. Kennedy 
International, 74 FR 52838 (Oct. 14, 2009) (granting waiver for JFK 
runway construction); Notice of Limited Waiver of the Slot Usage 
Requirement Under the Order Limiting Operations at Newark Liberty 
International Airport, 78 FR 57674 (Sept. 19, 2013) (granting waiver 
for EWR runway construction).
    \3\ The FAA is granting the waiver until the end of the summer 
scheduling season rather than only until the planned September 22 
reopening of the runway. It may not be practical for carriers to 
resume some scheduled flights in late September and October.
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    The FAA recognizes that carriers may make adjustments in schedules 
based on operational assessments and modeling efforts that are 
currently underway. The FAA also understands that some carriers

[[Page 30926]]

may need additional time to finalize schedules and potential reductions 
beyond the regular winter 2014/2015 slot return deadline of August 15, 
2014. Accordingly, the FAA will allow an additional slot return date to 
allow for better planning by carriers and for discussions with the FAA 
on potential schedule and slot adjustments to mitigate delays. For 
slots from March 1 through March 28, 2015, the temporary slot return 
deadline is Monday, December 15, 2014. For slots March 29 through 
October 24, 2015, the slot return deadline is Thursday, January 15, 
2015. Temporary slot returns should be submitted to the Slot 
Administration Office by email at 7-awa-slotadmin@faa.gov. These return 
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notifications should indicate they are subject to this waiver.

    Issued in Washington, DC, on May 21, 2014.
Mark W. Bury,
Assistant Chief Counsel for International Law, Legislation, and 
Regulations.
[FR Doc. 2014-12363 Filed 5-28-14; 8:45 am]
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