
[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19517-19518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8281]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2011-0248]


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 FAA Decision on Request for Waiver of the Slot Usage 
Requirement.

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SUMMARY: This action denies a request by the Air Transport Association 
of America (ATA) for a 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).

DATES: Effective upon publication.

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; e-mail: 
rob.hawks@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    By letter posted in Docket Number FAA-2011-0248 on March 15, 2011, 
ATA requested the FAA grant a limited waiver of the minimum slot usage 
requirements for DCA, JFK, EWR, and LGA for January 7 through 18, 2011, 
and January 26 through February 4, 2011, due to intense snowfalls in 
the northeastern and mid-Atlantic United States that seriously 
disrupted air carrier operations at those airports. In support of its 
request, ATA referenced a waiver granted by the FAA in February 2010 
due to multiple snowstorms that severely disrupted aviation and other 
modes of transportation.\1\
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    \1\ 75 FR 9017 (Feb. 26, 2010).
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    ATA also stated the National Oceanic and Atmospheric Administration 
reported New York City and Newark, New Jersey, experienced the snowiest 
month of January on record. New York City recorded 36 inches of snow 
that month, surpassing the previous record of 27.4 inches; Newark 
recorded 37.4 inches, surpassing its previous January record of 31.6 
inches. ATA highlights three major snowstorms in the regions occurring 
from January 9 through 13; from January 25 through 27, which also 
affected the D.C. metro area; and from February 1 through 3.
    ATA asserts the effects of the weather events at DCA, JFK, EWR, and 
LGA were dramatic and lingering, disrupting operations during January 
and into early February. Twelve U.S. air carriers reported 
cancellations totaling 10,944 flights at the airports in the January 7 
through 12, January 18, January 26 through 27, and February 1 through 4 
periods. ATA also states that major snowstorms in the Midwest and New 
England further disrupted operations at DCA, JFK, EWR, and LGA because 
of network-wide weather disruptions and corresponding recovery 
programs.
    By e-mail dated March 15, 2011, AirTran Airways stated its support 
for the ATA request for waiver.

FAA Analysis

    Under the FAA's High Density Rule and Orders limiting scheduled 
operations at LGA, JFK, and EWR, slots must be used at least 80 percent 
of the time. These rules are expected to accommodate routine weather 
and other 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.\2\ 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. 
However, the FAA does not routinely grant general waivers to the usage 
requirements except under the most unusual circumstances.
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    \2\ 14 CFR 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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    The FAA is sympathetic to the disruptions created by winter 
weather. In February 2010, the FAA granted a general waiver because 
unusual snowstorms closed slot-controlled airports for multiple days 
and also caused mass cancellations resulting from reduced airport 
capacity. FAA air traffic records for the 2011 snowstorms do not 
demonstrate the same magnitude of either airport closures or 
cancellations over an extended period. Although there were multiple 
snowstorms, operations do not appear to have been impacted for any 
period lasting five or more consecutive days as required by the rules, 
and there were at least several days of recovery between the 
snowstorms. Accordingly, the FAA has determined ATA's request is too 
broad and may afford a benefit to some carriers that did not experience 
actual hardships.
    Moreover, in recent years, the FAA has noticed a pattern that 
indicates some carriers may be meeting the usage requirements without 
planning a scheduled flight for each allocated slot. By underutilizing 
allocated slots, and using a portion of the 20 percent allowable non-
use of slots to cover planned cancellations or underscheduling, 
carriers have a reduced ability to meet the usage requirements when 
weather events force additional cancellations. The FAA intends 
allocated slots be used for actual operations because slots are scarce 
resources at each of these airports. Although existing rules do not 
require each slot to directly correspond to a scheduled flight, the FAA 
is not required to use its waiver authority to endorse underutilization 
of allocated slots.
    Although the FAA has determined that a general waiver of the usage 
requirements is inappropriate, it acknowledges that nationwide weather 
during this period may have created a unique hardship for some 
carriers. To assess that hardship and determine whether relief is 
warranted, the FAA requests that affected carriers submit an individual 
request for limited waiver. The FAA will consider the periods of 
January 7 through February 4, 2011, but will make a waiver 
determination on an individual-day basis. A waiver request should 
indicate the individual days of significant cancellations, a detail of 
the allocated slots on those days, a detail of the scheduled flights 
for those days, and a detail of the flights cancelled due to weather on 
those days. A carrier should also identify the specific slot or slots 
for which it is requesting a waiver and the utilization of the slot(s) 
for the reporting period. The FAA acknowledges weather in carriers' 
non-slot-controlled hub airports may have forced additional 
cancellations because there were several unusual storms throughout the 
nation

[[Page 19518]]

during this period. In making a waiver determination, the FAA will 
consider a significant number of cancellations during those periods 
because of weather at a destination airport.

FAA Decision

    In consideration of the foregoing, ATA's request for a grant of 
waiver is DENIED. Carriers who were uniquely affected by winter weather 
during January and February 2011 may request a limited grant of waiver. 
However, any request must detail the hardship caused by the snowstorms 
and demonstrate that hardship was not caused or exacerbated by 
underutilization of allocated slots. The FAA will carefully consider 
these individual requests for waiver.

    Issued in Washington, DC on March 28, 2011.
J. David Grizzle,
Chief Counsel.
[FR Doc. 2011-8281 Filed 4-6-11; 8:45 am]
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