
[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68196-68197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27844]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2012-1191]


Orders Limiting Operations at John F. Kennedy International 
Airport, LaGuardia Airport, and Newark Liberty International Airport; 
High Density Rule at Reagan Washington 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 requirement to 
use Operating Authorizations (slots) at John F. Kennedy International 
Airport (JFK), LaGuardia Airport (LGA), and Newark

[[Page 68197]]

Liberty International Airport (EWR). This action also declines to grant 
a waiver of the requirement to use slots at Reagan Washington National 
Airport. This waiver is effective from October 28, 2012 through 
November 2, 2012.

DATES: Effective November 15, 2012.

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

    On October 29, 2012, Hurricane Sandy made landfall in southern New 
Jersey. Combined with another weather front, Hurricane Sandy 
transitioned to an extratropical storm that caused widespread power 
outages, severe flooding, and severe disruption of transportation 
systems in the northeastern and mid-Atlantic United States. This 
disruption included airport closures and mass cancellation of scheduled 
flights.
    The degree of disruption and cancellations varied by airport across 
the region, and flight disruptions occurred at slot-controlled and non-
slot-controlled airports. JFK and EWR were effectively closed on 
October 29 and 30 and had limited operational capacity on October 31. 
LGA was effectively closed from October 29 through October 31 and had 
limited operational capacity on November 1. DCA was effectively closed 
on October 29 and 30 and had reduced operational capacity on October 
31. Recovery of normal operations took several days after the storm.

FAA Analysis

    Under the FAA's High Density Rule at DCA and Orders limiting 
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 requirement will be withdrawn or 
not receive historic precedence for the following scheduling season, 
depending on the airport.\1\ The FAA may grant a waiver from the 
minimum usage requirement 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 (for 
LGA, JFK, and EWR) or of nine or more consecutive days (for DCA). 
However, the FAA does not routinely grant general waivers to the usage 
requirement except under the most unusual circumstances.
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    \1\ 14 CFR 93.227 (DCA); 74 FR 51648 (Oct. 7, 2009) (EWR); 74 FR 
51650 (Oct. 7, 2009) (JFK); 77 FR 30585 (May 23, 2012) (LGA).
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    The FAA has granted waivers of the slot usage requirement in 
circumstances similar to those of Hurricane Sandy. The FAA generally 
considers the days of the weather event as well as a couple additional 
days to resume normal operations. For example, 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.
    For LGA, JFK, and EWR, the FAA has determined the unusual 
circumstances created by Hurricane Sandy meet the criteria for a 
limited waiver of the minimum slot usage requirement. Accordingly, the 
FAA will treat as used any slot or Operating Authorization held by a 
carrier from October 28 through November 2, 2012.
    For DCA, the FAA has determined that overall operational disruption 
did not last for the required nine or more consecutive days. 
Operational data show normal operations largely had resumed by November 
1, 2012.
    Although the FAA has determined that a general waiver of the usage 
requirement is inappropriate for DCA, it acknowledges that some 
carriers operate flights between DCA and airports in the NYC area or 
northeastern U.S. affected by the storm. These circumstances may have 
created a unique hardship for those carriers justifying waiver relief. 
To assess that hardship and determine whether relief is warranted, the 
FAA requests that affected carriers submit an individual request for 
limited waiver. However, a carrier must demonstrate operational 
disruptions of scheduled flights that lasted nine or more consecutive 
days to be eligible for waiver relief.

FAA Decision

    In consideration of the foregoing, the FAA GRANTS a limited waiver 
of the usage requirement for LGA, JFK, and EWR for the period from 
October 28 through November 2, 2012.

    Issued in Washington, DC, on November 7, 2012.
Rebecca B. MacPherson,
Assistant Chief Counsel for International Law, Legislation, and 
Regulations.
[FR Doc. 2012-27844 Filed 11-14-12; 8:45 am]
BILLING CODE 4910-13-P


